Decision No 1/98 of the Association Council between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part of 14 July 1998 adopting its rules of procedure - Rules of Procedure of the Association Committee
Date: 1998-07-14
Institutions: EC–Tunisia Association Council
Subjects: Association Council (EU), Tunisia, association agreement (EU), operation of the Institutions, rules of procedure

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II

(Acts whose publication is not obligatory)

COUNCIL

DECISION No 1/98 OF THE ASSOCIATION COUNCIL

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

of 14 July 1998

adopting its rules of procedure

(98/629/EC)

THE ASSOCIATION COUNCIL,

Having regard to the Euro-Mediterranean Agreement
establishing an Association between the European
Communities and their Member States, of the one part,
and Tunisia, of the other part, and in particular Articles
78 to 86 thereof,

Whereas that Agreement entered into force on 1 March
1998,

HAS DECIDED AS FOLLOWS:

Article 1

Presidency

The Association Council shall be presided over alternately
for periods of 12 months by a representative of the Pres-
idency of the Council of the European Union, on behalf
of the Community and its Member States, and a repres-
entative of the Government of Tunisia. The first period
shall begin on the date of the first Association Council
meeting and end on 31 December 1998.

Unless otherwise agreed by the Parties, each session of the
Association 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 the Association Council shall be jointly
convened by the secretaries of the Association Council in
agreement with the President.

Article 3

Representation

The members of the Association Council may be repre-
sented if unable to attend. If a member wishes to be so
represented, he must notify the President of the name of
his representative before the meeting at which he is to be
so represented.

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

the Association

Article 4

Delegations

Article 2

Meetings

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

Before each meeting, the President shall be informed of
the intended composition of the delegation of each Party.

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

A representative of the European Investment Bank shall
attend the meetings of the Association Council as an
observer when matters which concern the Bank appear on
the agenda.

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The Association Council may invite, by agreement
between the Parties, non-members to attend its meetings
in order to provide information on particular subjects.

Article 5

Secretariat

An official of the General Secretariat of the Council of the
European Union and an official of the Tunisian Mission
in Brussels shall act jointly as secretaries of the Associa-
tion Council.

Article 6

Correspondence

Correspondence addressed to the Association Council
shall be sent to the President of the Association Council
at the address of the General Secretariat of the Council of
the European Union.

The two secretaries shall ensure that correspondence is
forwarded to the President of the Association Council
and, where appropriate, circulated to the other members
of the Association Council. Correspondence circulated
shall be sent to the Secretariat-General of the Commis-
the Member
sion,
States and the Tunisian Mission in Brussels.

the Permanent Representations of

Communications from the President of the Association
Council shall be sent to the addressees by the two secret-
to the other
aries and circulated, where appropriate,
members of the Association Council at the addresses in-
dicated in the second paragraph.

Article 7

Publicity

Unless otherwise decided, the meetings of the Association
Council shall not be public.

Article 8

Agendas for meetings

1.
The President shall draw up a provisional agenda for
each meeting. It shall be forwarded by the secretaries of
the Association Council to the addressees referred to in
Article 6 not later than 15 days before the beginning of
the meeting.

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

agenda unless

The agenda shall be adopted by the Association 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 Parties so agree.

2.
The President may, in agreement with the Parties,
shorten the periods specified in paragraph 1 in order to
take account of the requirements of a particular case.

Article 9

Minutes

Draft minutes of each meeting shall be drawn up by the
two secretaries.

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

— the documentation submitted to the Association

Council,

— statements which a member of
Council has asked to be entered,

the Association

— the decisions taken, the statements agreed upon and

the conclusions adopted.

The draft minutes shall be submitted to the Association
Council for approval. They shall be approved within three
months after each Association Council meeting. When
approved, the minutes shall be signed by the President
and the two secretaries. The minutes shall be filed in the
archives of the General Secretariat of the Council of the
European Union; a certified true copy shall be forwarded
to each of the addressees referred to in Article 6.

Article 10

Decisions and recommendations

The Association Council shall adopt its decisions
the

1.
and recommendations by mutual agreement of
Parties.

In the period between meetings, the Association Council
may adopt decisions or recommendations by written
procedure if both Parties so agree.

The decisions and recommendations of the Associa-
2.
tion Council within the meaning of Article 80 of the
Euro-Mediterranean Agreement
shall be entitled re-
spectively ‘Decision' and ‘Recommendation' followed by a
serial number, by the date of their adoption and by a
description of their subject.

The decisions and recommendations of the Association
Council shall be signed by the President and authen-
ticated by the two secretaries.

Decisions and recommendations shall be forwarded to
each of the addressees referred to in Article 6.

The Association Council may decide to order publication
of its decisions and recommendations in the Official
Journal of the European Communities and the Official
Journal of the Republic of Tunisia.

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Article 11

Languages

The official languages of the Association Council shall be
the official languages of the two Parties.

Unless otherwise decided, the Association Council shall
base its deliberations on documentation prepared in those
languages.

Article 12

Expenses

The Community and Tunisia shall each defray the
expenses they incur by reason of their participation in the
meetings of the Association Council, 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 Community, with the exception of expenditure in
connection with interpreting or translation into or from
Arabic, which shall be borne by Tunisia.

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

the European
representatives of
Communities, on the one hand, and of representatives of
the Tunisian Government on the other hand.

the Commission of

the decisions of

2.
The Association Committee shall prepare the meet-
ings and the deliberations of the Association Council,
implement
the Association Council
where appropriate and, in general, ensure continuity of
the association relationship and the proper functioning of
the Euro-Mediterranean Agreement. It shall consider any
matter referred to it by the Association Council as well as
any other matter which may arise in the course of the
day-to-day implementation of
the Euro-Mediterranean
Agreement. It shall submit proposals or any draft de-
cisions/recommendations to the Association Council for
its approval.

3.
In cases where the Euro-Mediterranean Agreement
refers to an obligation to consult or a possibility of
consultation, such consultation may take place within the
Association Committee. The consultation may continue
in the Association Council if the two Parties so agree.

4.
The draft rules of procedure of
Committee are annexed to this Decision.

the Association

Article 13

Association Committee

Done at Brussels, 14 July 1998.

The Association Council shall be assisted in carrying
1.
out
its duties by the Association Committee. The
Committee shall be composed of representatives of the
members of the Council of the European Union and of

For the Association Council

The President

W. SCH(cid:154)SSEL

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ANNEX

RULES OF PROCEDURE

of the Association Committee, Association between the European Communities and their Member
States, of the one part, and the Republic of Tunisia, of the other part

Article 1

Chairmanship

The Association Committee shall be presided over alternately for periods of twelve months by a representative
of the Presidency of the Council of the European Union and a representative of the Government of Tunisia.
The first period shall begin on the date of the first Association Council meeting and end on 31 December
1998.

Article 2

Meetings

The Association Committee shall meet when circumstances require with the agreement of both Parties.

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

The meetings of the Association Committee shall be convened by the Chairman.

Article 3

Delegations

Before each meeting, the Chairman shall be informed of the intended composition of the delegation of each
Party.

Article 4

Secretariat

An official of the Secretariat General of the Council of the European Union and an official of the Tunisian
Government shall act jointly as secretaries of the Association Committee.

All communications to or from the Chairman of the Association Committee in the framework of this
Decision shall be addressed to the secretaries of the Association Committee and the secretaries and President
of the Association Council.

Unless otherwise decided, the meetings of the Association Committee shall not be public.

Article 5

Publicity

Article 6

Agendas for meetings

1.
The Chairman shall draw up a provisional agenda for each meeting. It shall be forwarded by the
secretaries of the Association Committee to the addressees referred to in Article 4 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
inclusion in the agenda not later than 21 days before the beginning of the meeting, save that such 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 agenda.

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

The agenda shall be adopted by the Association 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.

The Chairman may, in agreement with the two Parties, shorten the periods specified in paragraph 1 in

2.
order to take account of the requirements of a particular case.

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Article 7

Minutes

Minutes shall be taken for each meeting and shall be based on a summing-up by the Chairman of the
conclusions arrived at by the Association Committee.

When approved by the Association 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 by forwarded to each of the addressees
referred to in Article 4.

Article 8

Deliberations

In the specific cases where the Association Committee is empowered by the Association Council under the
Euro-Mediterranean Agreement to adopt decisions/recommendations, those acts shall be entitled respectively
‘Decision' and ‘Recommendation', followed by a serial number, by the date of their adoption and by a
description of their subject.

Whenever the Association Committee takes a decision, Articles 10 and 11 of Decision No 1/98 of the
Association Council adopting its rules of procedure shall be applied mutatis mutandis.

Decisions and recommendations of the Association Committee shall be forwarded to the addressees referred to
in Article 4 of these rules of procdure.

Article 9

Expenses

Each Party shall defray the expenses related to its participation in the meetings of the Association Committee
and of any working groups or bodies which might be set up in accordance with Article 84 of
the
Euro-Mediterranean Agreement, 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 Community, with the exception of expenditure in connection with interpreting and/or
translation into or from Arabic, which shall be borne by Tunisia.

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