Rules of procedure of the Cooperation Council between the European Communities and their Member States, of the one part, and the Republic of Moldova, of the other part of 14 July 1998 - Rules of procedure of the Cooperation Committee
Date: 1998-07-14
Institutions: Council of the European Union
Subjects: Association Council (EU), Moldova, agreement (EU), rules of procedure

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Official Journal of the European Communities

12. 8. 98

II

(Acts whose publication is not obligatory)

COUNCIL

RULES OF PROCEDURE OF THE COOPERATION COUNCIL

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

of 14 July 1998

(98/499/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 the Republic of
Moldova, of
the other part, signed in Brussels on 28
November 1994 (1), hereinafter referred to as ‘the Agree-
ment’ and in particular Articles 82 and 86 thereof,

Having regard to the Protocol to the Agreement, signed
in Brussels on 15 May 1997,

Whereas that Agreement entered into force on 1 July
1998,

HAS ESTABLISHED THE FOLLOWING RULES OF PRO-
CEDURE:

Article 1

Presidency

Article 2

Secretariat

An official of the General Secretariat of the Council of
the European Union and an official appointed by the
Republic of Moldova shall act jointly as secretaries of the
Cooperation Council.

Article 3

Meetings

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

the European Union, on behalf of

The Cooperation Council shall be presided over alter-
nately for periods of 12 months by a member of the
the
Council of
Communities and its Member States, and a member of
the Government of the Republic of Moldova. 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 party which holds the Presidency
chairs the meeting of the Cooperation Council.

(1) OJ L 181, 24. 6. 1998, p. 1.

Article 4

Representation

The members of the Cooperation Council as defined in
Article 83 of the Agreement may be represented if they
are prevented from attending.

The representative should be a designated minister, the
Head of Mission to the European Communities or the
Permanent Representation to the European Union or a
senior official.

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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 5

Delegations

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.

corresponding secretary to the addressees 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 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 provi-
sional 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.

In agreement with the parties, the time limits specified in
paragraph 1 may be shortened in order to take account of
the requirements of a particular case.

Article 6

Documents

Article 9

Minutes

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.

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 EU Member States and the Mission
of the Republic of Moldova 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.

Draft minutes of each meeting shall be drawn up as soon
as possible jointly 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 Cooperation

Council,

— statements, the entry of which has been requested by

a member of the Cooperation Council,

— the recommendations made, the statements agreeed
on 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 as well as any non-member invited
to attend the meeting according to Article 5.

The draft minutes shall be submitted to the Cooperation
Council for approval not later than three months after
each meeting. The draft minutes can be agreed in writing
by both parties. When approved, two authentic copies of
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.

Article 8

Agenda for the meetings

Article 10

Recommendations

A provisional agenda for each meeting shall be agreed
jointly by the two secretaries. It shall be forwarded by the

The Cooperation Council shall make its recommenda-
tions by common agreement between the parties.

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During the intersessional period, the Cooperation Council
may make recommendations by written procedure if both
parties so agree. A written procedure consists of an
exchange of notes between the two secretaries, acting in
agreement with the parties.

The recommendations of the Cooperation Council within
the meaning of Article 82 of the Agreement shall be
entitled ‘recommendation’, followed by a serial number,
by the date of their adoption and by a description of their
subject.

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
addressees referred to in Article 7 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 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.

Article 13

Expenses

The European Communities and the Republic of Moldova
shall each defray the expenses they incur by reason of
their participation in the meetings of the Cooperation
Council, both with regard to staff, travel and subsistence

expenditure and to postal and telecommunications ex-
penditure.

Expenditure
in connection with interpretation at
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 languages of the European
Communities into Moldovan which shall be borne by the
Republic of Moldova.

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

Article 14

Committee

The Cooperation Committee is hereby established in
accordance with Article 84 of the Agreement in order to
assist the Cooperation Council in carrying out its duties.
It shall be composed of representatives of the Commis-
sion of the European Communities and of representatives
of the members of the Council of the European Union on
the one hand, and of representatives of the Government
of the Republic of Moldova on the other, normally at
senior civil servant level.

The Cooperation Committee shall prepare the meetings
and the deliberations of
the Cooperation Council,
monitor the implementation of the recommendations of
the Cooperation Council where appropriate and,
in
general, ensure continuity of
the Partnership 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 day-to-day implementation of the Agreement. It shall
submit any proposals or recommendations for adoption to
the Cooperation Council.

Consultations referred to in Articles 17 and 48 as well as
in Annex II of the Agreement shall take place within the
Committee. The consultations may continue in the
Cooperation Council if the parties agree.

The rules of procedure of the Cooperation Committee are
attached as an Annex to the present rules of procedure.

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ANNEX

RULES OF PROCEDURE OF THE COOPERATION COMMITTEE

between the European Communities and their Member States, of the one part,
and the Republic of Moldova, on 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 Republic of
Moldova. 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 Coopration Council.

the Government of

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

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.

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

Article 6

Agenda for the meetings

A provisional agenda for each meeting shall be drawn up
by the secretaries of the Cooperation Committee. It shall
be forwarded to the chairman and secretaires 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.

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

In agreement with the parties the time limits specified 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 attend its
meetings in order to provide information on particular
subjects.

Article 4

Secretariat

Article 7

Minutes

An official of the Commission of the European Commu-
nities and an official of the Government of the Republic
of Moldova shall act jointly as secretaries of the Coopera-
tion Committee.

Minutes shall be taken for each meeting and shall be
based on the conclusions arrived at by 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.

On 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 secretaries of the
Cooperation Council and to the members of the Coopera-
tion Committee.

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Article 8

Recommendations

the Agreement. In such cases,

The Cooperation Committee shall not make recom-
mendations except in the specific cases where it is em-
powered by the Cooperation Council under Article 84(2)
of
these acts shall be
entitled ‘recommendation’, followed by a serial number,
by the date of their adoption and by description of their
subject. Recommendations shall be made by common
agreement between the parties.

Recommendations of the Cooperation Committee shall
the
be forwarded to the chairman and secretaries of
Cooperation Council and to members of the Cooperation
Committee. Each party may decide on the publication of
the recommendations of the Cooperation Committee in
its respective official publication.

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

the Cooperation Committee

Article 9

Expenses

Committee and of its sub-committees, 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 languages of the European Commu-
nities into Moldovan which shall be borne by the Re-
public of Moldova.

Other expediture relating to the material organisation of
meetings shall be borne by the party which hosts the
meetings.

Article 10

Sub-committees

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

The European Communities and the Republic of Moldova
shall each defray the expenses they incur by reason of
their participation in the meetings of the Cooperation

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