Council between the European Communities and their Member States, of the one part, and Ukraine, of the other part of 9 June 1998 - Rules of procedure of the Cooperation Committee
Date: 1998-06-09
Institutions: EC–Ukraine Cooperation Council
Subjects: Association Council (EU), EU Member State, European Communities, Ukraine, rules of procedure

10. 7. 98

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Official Journal of the European Communities

L 194/25

RULES OF PROCEDURE OF THE COOPERATION COUNCIL

between the European Communities and their Member States, of the one part,
and Ukraine, of the other part

of 9 June 1998

(98/435/EC)

THE COOPERATION COUNCIL,

Having regard to the Agreement on Partnership and
Cooperation between the European Communities and
their Member States of the one part, and Ukraine, of the
other part, signed in Luxembourg on 14 June 1994, here-
inafter referred to as ‘the Agreement’ and in particular
Articles 85 to 88 thereof (1),

Having regard to the Protocol to the Agreement, signed
in Brussels on 10 April 1997,

Whereas that Agreement entered into force on 1 March
1998,

HAS ESTABLISHED THE FOLLOWING RULES OF PRO-
CEDURE:

Article 3

Representation

The members of the Cooperation Council may be rep-
resented if they are prevented from attending.

Each member may normally be represented by the Head
of Mission to the European Communities or the Per-
manent Representation to the European Union or senior
official.

In all other cases, a member wishing to be represented
shall notify the chairman of the name of his represent-
ative before the meeting at which he is to be so rep-
resented.

The representative of a member of
Council shall exercise all the rights of that member.

the Cooperation

Article 1

Presidency

Article 4

Delegations

The Cooperation Council shall be presided over altern-
the
ately for periods of 12 months by a member of
Council of
the
the European Union, on behalf of
Communities and its Member States, and a member of
the Cabinet of Ministers of Ukraine. However, the first
period of the Presidency shall begin on the date of the
first Council meeting and end on 31 December of the
same year.

The members of the Cooperation Council may be accom-
panied by officials.

Before each meeting, the chairman of the Cooperation
Council shall be informed of the intended composition
and of the Head of the delegation of each Party.

The Cooperation Council may invite non-members to
attend its meetings in order to provide information on
particular subjects.

Article 2

Meetings

Article 5

Secretariat

The Cooperation Council shall meet regularly at minis-
terial level once a year. At the request of either Party,
special sessions of the Council may be held if the Parties
so agree.

Unless otherwise agreed by the Parties each session of the
Cooperation Council shall be held at the usual venue for
meetings of the Council of the European Union at a date
agreed by both Parties.

The meetings of
convened by the Secretaries of the Cooperation Council.

the Cooperation Council are jointly

(1) OJ L 49, 19. 2. 1998, p. 1.

An official of the General Secretariat of the Council of
the European Union and an official of the Mission of
Ukraine to the European Communities shall act jointly as
Secretaries of the Cooperation Council.

Article 6

Documents

When the deliberations of the Cooperation Council are
based on written supporting documents, such documents
shall be numbered and circulated as documents of the
Cooperation Council by the two Secretaries.

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Official Journal of the European Communities

10. 7. 98

Article 7

Correspondence

All correspondence addressed to the Cooperation Council
or to the chairman of the Council shall be forwarded to
both Secretaries of the Cooperation Council.

The two Secretaries shall ensure that correspondence is
forwarded to the chairman of the Cooperation Council
and, where appropriate, circulated as documents referred
to in Article 6 to other members of the Cooperation
Council. Correspondence circulated shall be sent to the
General Secretariat of the Commission, the Permanent
Representations of the European Union Member States
and the Mission of Ukraine to the European Commun-
ities.

Correspondence from the chairman of the Cooperation
Council shall be sent to the recipients by the respective
Secretary and, where appropriate, circulated as documents
referred to in Article 6 to the other members of the
Cooperation Council at the addresses indicated in the
preceding paragraph.

Article 8

Agenda for the meetings

1.
A provisional agenda for each meeting shall be
drawn up by the Secretaries of the Cooperation Council
on the basis of suggestions by the Parties. It shall be
forwarded by the corresponding secretary to the addres-
sees referred to in Article 7 not later than 15 days before
the beginning of the meeting. The provisional agenda
shall include the items in respect of which a request for
inclusion in the agenda has been received by either of the
two Secretaries not later than 21 days before the begin-
ning of the meeting, save that items shall not be written
into the provisional agenda unless the supporting docu-
mentation has been forwarded to the Secretaries not later
than the date of dispatch of the provisional agenda.

The agenda shall be adopted by the Cooperation Council
at the beginning of each meeting. An item other than
those appearing on the provisional agenda may be placed
on the agenda if the two Parties so agree.

2.
In agreement with the Parties, the time limits speci-
fied in paragraph 1 may be shortened in order to take
account of the requirements of a particular case.

Article 9

Minutes

Draft minutes of each meeting shall be drawn up as soon
as possible jointly by the two Secretaries.

— statements the entry of which has been requested by a

member of the Cooperation Council,

— the recommendations made,

the statements agreed

upon and the conclusions adopted on specific items.

The minutes shall also include a list of members of the
Cooperation Council or their representatives who parti-
cipated at the meeting.

for approval at

The draft minutes shall be submitted to the Cooperation
Council
its next meeting. The draft
minutes also can be agreed in writing by both Parties.
When approved,
the minutes
shall be signed by the two Secretaries and be filed by the
Parties. A copy of the minutes shall be forwarded to each
of the addressees referred to in Article 7 above.

two authentic copies of

Article 10

Recommendations

The Cooperation Council shall make its recom-

1.
mendations by common agreement between the Parties.

inter-sessional period,

During the
the Cooperation
Council may make recommendations by written pro-
cedure if both Parties so agree. A written procedure
consists of an exchange of notes between the two Secreta-
ries, acting in agreement with the Parties.

2.
The recommendations of the Cooperation Council
within the meaning of Article 85 of the Agreement shall
serial
be
number, by the date of their adoption and by a descrip-
tion of their subject.

entitled ‘recommendation’,

followed by a

The recommendations of the Cooperation Council shall
be authenticated by the two Secretaries and two authentic
copies signed by Heads of delegation of the two Parties.

Recommendations shall be forwarded to each of
the
addresses referred to in Article 7 above as documents of
the Cooperation Council.

Article 11

Publicity

Unless otherwise decided, the meetings of the Coopera-
tion Council shall not be public.

Each Party may decide on the publication of the recom-
mendations of the Cooperation Council in its respective
official publication.

Article 12

Languages

The minutes shall, as a general rule, indicate in respect of
each item on the agenda:

— the documentation submitted to the Cooperation

Council,

The official languages of the Cooperation Council shall
be the official languages of the Parties.

The Cooperation Council shall normally base its delibera-
tions on documentation prepared in these languages.

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Article 13

Expenses

The European Communities and Ukraine shall each
defray the expenses they incur by reason of their parti-
cipation in the meetings of
the Cooperation Council,
both with regard to staff, travel and subsistence expend-
iture and to postal and telecommunications expenditure.

in connection with interpretation at
Expenditure
meetings, translation and reproduction of documents shall
be borne by the European Communities, with the excep-
tion of expenditure in connection with interpretation or
translation from one of the official languages of the Euro-
pean Communties into Ukranian and from Ukrainian
into the one of the official languages of the European
Communities, which shall be borne by Ukraine.

Other expenditure relating to the material organisation of
meetings shall be borne by the Party which hosts the
meetings.

Article 14

Committee

1.
The Cooperation Committee is hereby established
in accordance with Article 87 of the Agreement in order

the Cooperation Council

its
to assist
in carrying out
duties. It shall be composed of representatives of
the
Commission of the European Communities and of rep-
resentatives of the members of the Council of the Euro-
pean Union on the one hand, and of representatives of
the Cabinet of Ministers of Ukraine on the other,
normally at senior civil servant level.

the implementation of

and the deliberations of

The Cooperation Committee shall prepare the
2.
the Cooperation
meetings
the recom-
Council, monitor
mendations of
the Cooperation Council where appro-
priate and, in general, ensure continuity of the Partner-
ship and the proper functioning of the Agreement. It
shall consider any matter referred to it by the Cooperation
Council as well as any other matter which may arise in
the course of
the
Agreement. It shall submit any proposals of recommenda-
tions for adoption to the Cooperation Council.

the day-to-day implementation of

3.
Consultations referred to in Articles 18 and 49 as
well as in Annex 2 to the Agreement shall take place
within the committee. The consultations may continue in
the Cooperation Council if the Parties agree.

The

rules

4.
the Cooperation
Committee are attached as Annexed to the present rules
of procedure.

of procedure

of

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Official Journal of the European Communities

10. 7. 98

ANNEX

RULES OF PROCEDURE OF THE COOPERATION COMMITTEE

between the European Communities and their Member States, of the one part, and
Ukraine, of the other part

Article 1

Presidency

Article 5

Publicity

The Cooperation Committee shall be presided over alter-
nately for periods of 12 months by a representative of the
Commission of the European Communities, on behalf of
the Communities and their Member States, and a rep-
resentative of the Cabinet of Ministers of Ukraine. The
first period of the Presidency shall begin on the date of
the first Cooperation Council meeting and end on 31
December of the same year. For that period and thereafter
for each 12 month period, the Cooperation Committee
shall be chaired by the Party which holds the Presidency
of the Cooperation Council.

Article 2

Meetings

The Cooperation Committee shall meet once a year and
when circumstances require with the agreement of the
Parties.

Each meeting of the Cooperation Committee shall be
held at a time and place agreed by the Parties.

The meetings of the Cooperation Committee are jointly
convened by both Secretaries.

Article 3

Delegations

Unless otherwise decided, the meetings of the Coopera-
tion Committee shall not be public.

Article 6

Agenda for the meetings

the

A provisional agenda for each meeting shall be
1.
drawn up by
the Cooperation
Secretaries of
Committee. It shall be forwarded to the chairman and
Secretaries of the Cooperation Council as well as to the
members of the Cooperation Committee not later than 15
days before the beginning of the meeting.

The provisional agenda shall include the items in respect
of which the chairman has received a request for inclu-
sion in the agenda not later than 21 days before the
beginning of the meeting, save that items shall not be
written into the provisional agenda unless the supporting
documentation has been forwarded to the Secretaries not
later than the date of dispatch of the provisional agenda.

The agenda
shall be adopted by the Cooperation
Committee at the beginning of each meeting. An item
other than those appearing on the provisional agenda may
be placed on the agenda if the two Parties so agree.

2.
In agreement with the Parties the time limits speci-
fied in paragraph 1 may be shortened in order to take
account of the requirements of a particular case.

The Cooperation Committee may ask experts to
3.
attend its meetings in order to provide information on
particular subjects.

Before each meeting, the chairman of the Cooperation
Committee shall be informed of the intended composi-
tion and the Head of the delegation of each Party.

Article 7

Minutes

Article 4

Secretariat

An official of the Commission of the European Com-
munities and an official of the Cabinet of Ministers of
Ukraine shall act jointly as Secretaries of the Cooperation
Committee.

All correspondence to and from the chairman of the
Cooperation Committee provided for in this Annex shall
the Cooperation
be forwarded to the Secretaries of
Committee and to the Secretaries and the chairman of the
Cooperation Council and where appropriate,
to the
members of the Cooperation Committee.

Minutes shall be taken for each meeting and shall be
based on a summing up by the chairman of the conclu-
sions arrived at by the Cooperation Committee.

Upon adoption by the Cooperation Committee,
the
minutes shall be signed by the chairman and by the
Secretaries and filed by each of the Parties. A copy of the
minutes shall be forwarded to the chairman and Secret-
aries of the Cooperation Council and to the members of
the Cooperation Committee.

Article 8

Recommendations

The Cooperation Committee shall not make recom-
mendations except in the specific cases where it is em-

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powered by the Cooperation Council pursuant to Article
87(2) of the Agreement. In such cases, these acts shall be
entitled ‘recommendation’, followed by a serial number,
by the date of their adoption and by a description of their
subject. Recommendations shall be made by common
agreement between the Parties.

Recommendations of the Cooperation Committee shall
be forwarded to the chairman and Secretaries of
the
Cooperation Council and to the members of the Coopera-
tion Committee. Each Party may decide on the publica-
tion of
the Cooperation
Committee in its respective offical publication.

recommendations of

the

The recommendations of
shall be signed by the chairman and the Secretaries.

the Cooperation Committee

Article 9

Expenses

The European Communities and Ukraine shall each
defray the expenses they incur by reason of their parti-
cipation in the meetings of the Cooperation Committee
and of its sub-committees and working groups, both with
regard to staff, travel and subsistence expenditure and to
postal and telecommunications expenditure.

Expenditure in connection with interpreting at meetings,
translation and reproduction of documents shall be borne
by the European Communities, with the exception of
expenditure in connection with interpretation or transla-
tion from one of the official languages of the European
Communities into Ukrainian and from Ukrainian into the
one of the official languages of the European Commu-
nities, which shall be borne by Ukraine.

Other expenditure relating to the material organisation of
meetings shall be borne by the Party which hosts the
meetings.

Article 10

Sub-committees and working groups

The Cooperation Committee may establish sub-commit-
tees and working groups and define their
terms of
reference. They shall be considered to work under the
authority of the Cooperation Committee, to which they
shall report after each one of their meetings. Sub-commit-
tees and working groups shall not make recommenda-
tions.

The Cooperation Committee may modify the terms of
reference of any sub-committees or working groups or set
up further sub-committees or working groups to assist it
in carrying out its duties.