Proposal for a Council Decision on the adoption of a Community position on the rules of procedure of the Cooperation Council and the Cooperation Committee set up by the partnership and Cooperation Agreement between the European Communities and their Member States and the Republic of Kazakhstan
Date: 1999-07-13
Institutions: European Commission
Subjects: Association Council (EU), Kazakhstan, Russia, cooperation agreement (EU), rules of procedure

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 13.07.1999
COM(1999) 321 final

Proposal for a

COUNCIL DECISION

ON THE ADOPTION OF A COMMUNITY POSITION ON THE RULES OF
PROCEDURE OF THE COOPERATION COUNCIL AND THE
COOPERATION COMMITTEE SET UP BY THE PARTNERSHIP AND
COOPERATION AGREEMENT BETWEEN THE EUROPEAN
COMMUNITIES AND THEIR MEMBER STATES AND THE REPUBLIC OF
KAZAKHSTAN

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. The Partnership and Cooperation Agreement establishing a partnership between
the European Communities and their Member States, of the one part, and the
Republic of Kazakhstan, of the other part, provides for the setting-up of a
Cooperation Council composed of members of the Council of the European
Union and members of the European Commission, on the one hand, and of
members of the Government of Kazakhstan, on the other. Its role is to monitor
the implementation of the Agreement and examine any major issues arising
within the framework of the Agreement and any other bilateral or international
issues of mutual interest for the purpose of attaining the objectives of the
Agreement.

2. According to Articles 76 to 78 of the Partnership and Cooperation Agreement,
the Cooperation Council shall establish its rules of procedure and the rules of
procedure of the Cooperation Committee, the role of the Committee being to
prepare all Cooperation Council meetings and generally assist the Cooperation
Council in its work.

3. Article 2(1) of Council and Commission Decision COM(94) 411, as amended by
the Council and Commission Decision of 30 March 1999, on the conclusion of
the Partnership and Cooperation Agreement provides that the position to be
adopted by the Community in the Cooperation Council shall be determined by
the Council on a proposal from the Commission (or, where appropriate, by the
Commission). In accordance with this provision, it is proposed that the Council
adopt the attached draft rules of procedure as a Community position.

4. The Kazakhstan Cooperation Council

and Cooperation Committee

are
institutions modelled on the Cooperation Councils and Cooperation Committees
set up under the Partnership and Cooperation Agreements with Russia, Ukraine
and Moldova, which have (virtually)
rules of procedure. The
institutional provisions of the Agreement with Kazakhstan (and of Partnership
and Cooperation Agreements with other NIS) constitute the “legal basis” for the
rules of procedure.

identical

5. The attached draft rules of procedure follow closely the rules adopted for Russia,
Ukraine and Moldova. The exact form that the meetings of the Cooperation
Council and Cooperation Committee will take is as yet unknown. However
Kazakhstan's authorities are likely to take the rules and practices established with
Russia, Ukraine and Moldova as a guide.

6. The rules of procedure should be kept as broad and as flexible as possible to
accommodate a variety of different models of the institutions in question. They
must provide a sufficiently flexible framework, laying down the broad outlines of
the institutions’ operations without going into excessive detail.

7. Note that under the institutional provisions of the Partnership and Cooperation
(non-binding)

Agreements,
recommendations (Article 76 of the Partnership and Cooperation Agreement).

a Cooperation Council

can make

only

2

8.

It is established practice under the Europe Agreements that all meetings of the
Association Councils take place in the EU. While this corresponds to EU practice
in mixed agreement contexts, it is not in line with standard diplomatic usage.
Although the Kazakh authorities have not
requested alternating venues,
Kazakhstan is likely to request treatment equivalent to that of Russia. Therefore
the formula proposed for Russia, namely that the venue will be in the EU, unless
the Parties agree otherwise, could be used here.

9. The attached draft rules of procedure are proposed for adoption as a Community
position under Article 2(1) of Council and Commission Decision COM(94) 411,
as amended by the Council and Commission Decision of 30 March 1999, on the
conclusion of the Partnership and Cooperation Agreement between the European
Communities and their Member States and the Republic of Kazakhstan by means
of a decision of the Council.

10. The Council is therefore requested to adopt the attached Commission proposal on
a Community position on the rules of procedure of the Cooperation Council and
of the Cooperation Committee with Kazakhstan.

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Proposal for a

COUNCIL DECISION

ON THE ADOPTION OF A COMMUNITY POSITION ON THE RULES OF
PROCEDURE OF THE COOPERATION COUNCIL AND THE
COOPERATION COMMITTEE SET UP BY THE PARTNERSHIP AND
COOPERATION AGREEMENT BETWEEN THE EUROPEAN
COMMUNITIES AND THEIR MEMBER STATES AND THE REPUBLIC OF
KAZAKHSTAN

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,
the Treaty
establishing the European Coal and Steel Community and the Treaty establishing the
European Atomic Energy Community (Euratom),

Having regard to the Council and Commission Decision of ... 1999 on the conclusion
of the Partnership and Cooperation Agreement between the European Communities
and their Member States, of the one part, and the Republic of Kazakhstan, of the other
part, and in particular Article 2(1) thereof,

Having regard to the proposal from the Commission,

(1)

(2)

(3)

(4)

Whereas Article 76 of the Partnership and Cooperation Agreement sets up a
Cooperation Council;

Whereas Article 78 of the Partnership and Cooperation Agreement provides
that the Cooperation Council shall be assisted by a Cooperation Committee
and Article 77 of the Agreement further provides that the Cooperation Council
shall adopt its own rules of procedure;

Whereas Article 78 of
the
the said Agreement
Cooperation Council shall, in its rules of procedure, determine the functioning
of the Cooperation Committee and that the Cooperation Council may delegate
any of its powers to the Cooperation Committee;

further provides that

Whereas Article 79 of the Agreement further provides that the Cooperation
Council may decide to set up any other special committee or body that can
assist it in carrying out its work,

HAS DECIDED AS FOLLOWS:

4

The position to be adopted by the European Community within the Cooperation
Council set up under Article 76 of the Partnership and Cooperation Agreement
between the European Communities and their Member States, of the one part, and the
Republic of Kazakhstan, of the other part, on the rules of procedure of the said
Cooperation Council and of the Cooperation Committee referred to in Article 78 of
the Agreement shall be based on the draft rules of procedure annexed to this Decision.
Minor amendments to these draft rules of procedure may be accepted without further
decision by the Council.

Done at Brussels, ...

For the Council
The President

5

Draft

RULES OF PROCEDURE

OF THE COOPERATION COUNCIL REPRESENTING THE EUROPEAN
COMMUNITIES AND THEIR MEMBER STATES, OF THE ONE PART,
AND THE REPUBLIC OF KAZAKHSTAN, OF THE OTHER PART

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
Kazakhstan, of the other part, signed in Brussels on 23 January 1995, hereinafter
referred to as “the Agreement”, and in particular Articles 76 to 79 thereof,

Whereas the Agreement entered into force on ...,

HAS ADOPTED THE FOLLOWING RULES OF PROCEDURE:

Article 1

Presidency

The office of President of the Cooperation Council shall be held alternately for
periods of twelve months by a representative of the Council of the European Union,
on behalf of the Communities and their Member States, and a representative of the
Government of Kazakhstan. However, the first period shall begin on the date of the
first Cooperation Council and end on 31 December of the same year.

Article 2

Meetings

The Cooperation Council shall meet at ministerial level once a year. Extraordinary
meetings of the Cooperation Council may be held at the request of either party, if the
parties so agree.

Unless agreed otherwise by the Parties, each meeting 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 the Cooperation Council shall be jointly convened by the Secretaries
of the Cooperation Council in agreement with the Parties.

6

Article 3

Representation

The members of the Cooperation Council, as defined in Article 77 of the Agreement,
may be represented by a minister or by a designated official if prevented from
attending.

The official acting in such a capacity shall as a rule be Kazakhstan’s Head of the
Mission to the European Communities or the Head of the Permanent Mission to an
EC Member State or a senior official.

In all other cases, a member wishing to be represented shall notify the President of the
name of the representative before the meeting at which he is to be so represented.

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

Article 4

Delegations

The members of the Cooperation Council may be accompanied by officials.

Before each meeting, the President shall be informed of the proposed membership of
each Party’s delegation and the name of the head of delegation.

The Cooperation Council may invite other persons 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 appointed by Kazakhstan shall act jointly as Secretaries of the Cooperation
Council.

Article 6

Documents

Where the discussions of the Cooperation Council are based on reference documents,
such documents shall be numbered and circulated by the two Secretaries as
documents of the Cooperation Council.

7

Article 7

Correspondence

Correspondence for the Cooperation Council or the President of the Cooperation
Council shall be sent to the two Secretaries of the Cooperation Council.

The two Secretaries shall ensure that correspondence is forwarded to the President of
the Cooperation Council and, where appropriate, circulated to other members of the
referred to in Article 6. The
Cooperation Council as the type of document
correspondence thus circulated shall be sent
to the Secretariat-General of the
Commission, the Permanent Representations of Member States of the European
Union and the Mission of the Republic of Kazakhstan in Brussels.

Communications from the President of the Cooperation Council shall be sent out by
the Secretary concerned 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 paragraph above.

Article 8

Agenda

1.

A commonly agreed provisional agenda shall be drawn up for each meeting. It
shall be forwarded by the Secretaries of the Cooperation Council to the
later than fifteen days before the
addressees referred to in Article 7 not
beginning of the meeting.

The provisional agenda shall include items for which a request has been
received by one or other of the two Secretaries not later than twenty-one days
before the beginning of the meeting, but
items will not be put on the
provisional agenda unless the supporting documentation has been forwarded
to the Secretaries not later than the date of dispatch of the agenda.

The agenda shall be adopted by the Cooperation Council at the beginning of
each meeting. An item not appearing on the provisional agenda may be added
if the two Parties so agree.

2.

By agreement of the Parties, the time-limits specified in paragraph 1 may be
shortened to take account of special circumstances.

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Article 9

Minutes

The two Secretaries shall jointly draw up draft minutes of each meeting, the two
copies being equally authentic.

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

-

-

-

the documentation submitted to the Cooperation Council;

any statements that members of the Cooperation Council want included;

the recommendations, statements and conclusions adopted on specific items.

The minutes shall also include a list of members of the Cooperation Council or their
representatives who were present at the meeting.

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

Article 10

Recommendations

1.

The Cooperation Council shall formulate its recommendations by common
agreement between the Parties.

Between meetings, the Cooperation Council may make recommendations and
approve minutes by written procedure if the Parties so agree. The written
procedure shall consist of an exchange of notes between the two Secretaries,
acting in agreement with the Parties.

2.

The recommendations of the Cooperation Council within the meaning of
Article 76 of the Partnership and Cooperation Agreement shall have the title
“recommendation”, followed by a serial number, the date of their adoption and
a description of the subject.

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

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

9

Article 11

Publicity

1.

2.

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

Each Party may decide to publish the recommendations of the Cooperation
Council in its respective official gazette.

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 deliberations on documentation
prepared in these languages.

Article 13

Expenses

The European Communities and Kazakhstan shall each cover the expenses they incur
by reason of their participation in the meetings of the Cooperation Council with
regard to the
and
telecommunications.

and subsistence

and of post

costs of

travel

staff,

The cost of interpreting at meetings and of translation of documents shall be borne by
the European Communities, with the exception of interpretation or translation into or
from Kazakh, which shall be borne by Kazakhstan.

Other expenditure relating to the material organisation of meetings, including the
duplication of documents, shall be borne by the Party which hosts the meeting.

Article 14

Cooperation Committee

1.

In accordance with Article 78 of the Partnership and Cooperation Agreement,
a Cooperation Committee is hereby set up in order to assist the Cooperation
Council
the
It shall be composed of
Commission of the European Communities and of the members of the Council
of the European Union, on the one hand, and of representatives of the
Government of Kazakhstan on the other, normally at senior official level.

representatives of

in its work.

10

2.

3.

The Cooperation Committee shall prepare the meetings and the discussions of
the Cooperation Council, monitor, where appropriate, the implementation of
the recommendations of the Cooperation Council and in general ensure
continuity in the partnership and the proper functioning of the Partnership and
Cooperation 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 Partnership and Cooperation
Agreement. It shall submit proposals or draft recommendations for adoption to
the Cooperation Council.

The consultations provided for in Article 13 of the Agreement shall take place
within the Cooperation Committee. Consultation may continue in the
Cooperation Council if the Parties so agree.

4.

The rules of procedure of the Cooperation Committee are annexed hereto.

Done at ..............., .....................

For the Cooperation Council
Head of the EU Delegation

Head of the Delegation of the Republic of
Kazakhstan

11

RULES OF PROCEDURE OF THE COOPERATION COMMITTEE

ANNEX

Article 1

Chair

The office of Chairman of the Cooperation Committee shall be held alternately for
periods of twelve months by a representative of the Commission of the European
Communities, on behalf of the Communities and their Member States, and a
representative of the Government of Kazakhstan. The first period shall begin on the
date of the first Cooperation Council meeting and end on 31 December of the same
year. During this period and each twelve-month period thereafter, the Cooperation
Committee shall be chaired by the Party holding the Presidency of the Cooperation
Council.

Article 2

Meetings

The Cooperation Committee shall meet once a year and whenever circumstances
require, by 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
Secretaries.

the Cooperation Committee shall be convened by the two

Article 3

Delegations

Before each meeting, the Chairman shall be informed of the proposed composition of
each Party’s delegation and of the identity of the Head of Delegation of each party.

Article 4

Secretariat

An official of the Commission of the European Communities and an official of the
Government of Kazakhstan shall act
jointly as Secretaries of the Cooperation
Committee.

All communications to and from the Chairman of the Cooperation Committee
provided for in this Annex shall be forwarded to the Secretaries of the Cooperation
Committee and to the Secretaries and President of the Cooperation Council.

12

Article 5

Publicity

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

Article 6

Agenda

1.

A provisional agenda for each meeting shall be drawn up by the Secretaries of
the Cooperation Committee, who shall forward it to the addressees referred to
in Article 4 not later than fifteen days before the beginning of the meeting.

The provisional agenda shall include the items for which the Chairman has
received a request not later than twenty-one days before the beginning of the
meeting, on the understanding 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 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 not be placed on the agenda unless the Parties so agree.

By agreement of the Parties, the time-limits specified in paragraph 1 may be
shortened to take account of special circumstances.

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

2.

3.

Article 7

Minutes

Minutes shall be taken for each meeting summing up the conclusions reached by the
Committee.

When adopted by the Cooperation Committee, the minutes shall be signed by the
Chairman and the two Secretaries and a copy filed by each of the Parties. A copy of
the minutes shall be forwarded to each of the addressees referred to in Article 4.

Article 8

Recommendations

The Cooperation Committee shall not formulate recommendations except in specific
cases where it is empowered to do so by the Cooperation Council under Article 78(2)
of the Agreement. In such cases these acts shall bear the title “recommendation”,

13

followed by a serial number, the date of adoption and a description of the subject.
Recommendations shall be formulated by common agreement between the parties.

Recommendations of the Cooperation Committee shall be forwarded to the addressees
referred to in Article 4. The Cooperation Committee may decide to publish such
recommendations.

The recommendations of the Cooperation Committee shall be signed by the Chairman
and the Secretaries.

Article 9

Expenses

The European Communities and Kazakhstan shall each cover the expenses they incur
by reason of their participation in the meetings of the Cooperation Committee and of
its subcommittees and working parties with regard to the costs of staff, travel and
subsistence and of post and telecommunications.

The cost of interpreting at meetings and translation shall be borne by the European
Communities, with the exception of interpretation or translation into or from Kazakh,
which shall be borne by Kazakhstan.

Expenditure relating to the material organisation of meetings,
duplication of documents, shall be borne by the Party which hosts the meeting.

including the

Article 10

Subcommittees and working parties

The Cooperation Committee may set up subcommittees and working parties to assist
it in its work. They shall work under the aegis of the Cooperation Committee, to
which they shall report after each meeting.They shall not formulate recommendations.

The Cooperation Committee may change the terms of reference of any subcommittee
or working party, abolish them or set up new ones to assist it in its accomplishment of
its tasks.

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FINANCIAL STATEMENT

1.

TITLE OF OPERATION

Rules of procedure of
the Cooperation Council and the Cooperation
Committee set up under the Partnership and Cooperation Agreement between
the European Communities and their Member States and the Republic of
Kazakhstan (PCA). Establishment and operation of an EU-Kazakhstan
Cooperation Council, a Cooperation Committee and, where necessary,
(sub)committees and other special bodies.

2.

BUDGET HEADING INVOLVED

A-7010: Mission expenses

A- 7031: Meetings of committees

3.

LEGAL BASIS

Council and Commission Decision on the conclusion of the Partnership and
Cooperation Agreement between the European Communities and their
Member States and the Republic of Kazakhstan (to be adopted).

4.

4.1

DESCRIPTION OF OPERATION

General objective

Implementation of the institutional provisions of the PCA.

4.2

Period covered and arrangements for renewal

10 years (= duration of the PCA, article 92, with possibility of extension).

5.

5.1

CLASSIFICATION OF EXPENDITURE OR REVENUE

Compulsory/Non-compulsory expenditure

Non-compulsory expenditure.

5.2

Differentiated/Non-differentiated appropriations

Non-differentiated appropriations.

5.3

Type of revenue involved

No revenue.

15

6.

TYPE OF EXPENDITURE OR REVENUE

Administrative expenditure, Part A of the budget. 100% non-reimbursable
(missions by officials, organisation of conferences, interpretation, translation,
reproduction of documents)

7.

7.1

FINANCIAL IMPACT

Method of calculating total cost of operation (relation between
individual and total costs)

See section 10. The measure requires no operational expenditure. It entails
only annual administrative expenditure according to the venue and number of
meetings each year (Part A of the budget).

7.2

Itemised cost breakdown

Commitment appropriations EUR million (current prices)

Breakdown

year n

n+1

n+2

n+3

n+4

Total

n+5
and
subs.
yrs

Total

7.3

Operational expenditure for studies, experts etc. included in Part B of the
budget

Commitment appropriations EUR million (current prices)

year n

n+1

n+2

n+3

n+4

Total

n+5
and
subs.
yrs

– Studies

– Meetings of experts

– Conferences and
congresses

– Information and
publications

Total

16

7.4

Schedule of commitment and payment appropriations

Commitment appropriations EUR million

Year n

n+1

n+2

n+3

n+4

n+5
and
subs.
yrs

Total

Commitment appropriation

Payment appropriations

Year n
n+1
n+2
n+3
n+4
n+5
and subs. yrs

Total

8.

FRAUD PREVENTION MEASURES

Checks by the officials responsible for the administrative appropriations.

9.

9.1

ELEMENTS OF COST-EFFECTIVENESS ANALYSIS

Specific and quantified objectives; target population

The institutionalised dialogue between the EU and Kazakhstan will be an
essential prerequisite for achieving the aims of the PCA, namely the
promotion of trade and investment flows, support for political and economic
reforms in Kazakhstan and close cooperation across a wide number of policy
fields.

The main targets are economic operators and the general public in
Kazakhstan and the EU.

9.2

Grounds for the operation

Coordinated approach by the European Communities and their Member
states to cooperation with Kazakhstan, avoiding duplication of effort and
establishing the EU as one of the main partners of Kazakhstan. The approach
is similar to that adopted under the Partnership and Cooperation Agreements
with other NIS and the Europe Agreements with the CEECs.

9.3

Monitoring and evaluation of the operation

Regular stock-taking of the results and effectiveness of the dialogue by
Commission and Council.

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10.

ADMINISTRATIVE EXPENDITURE (SECTION III, PART A OF
THE BUDGET)

Actual mobilisation of the necessary administrative resources will depend on
the Commission’s annual decision on the allocation of resources, taking into
account
the number of staff and additional amounts authorised by the
budgetary authority.

10.1

Effect on the number of posts

Type of post

Staff to be assigned to managing
the operation

Source

Duration

Permanent
posts

Temporary
posts

Additional
resources

Existing
resources in
the DG or
department
concerned

Officials or
temporary staff

Other resources

A
B
C

1

0.5

Total

1.5

1

0.5

1.5

If additional resources are required, indicate the pace at which they will have
to be made available.

10.2

Overall financial impact of human resources

(EUR)

Amounts

Method of calculation

Officials

162 000

1.5 man-years at EUR 108 000 (unit cost)

Temporary staff

Other resources (indicate
budget heading)

0

0

Total

162 000

The figures give the total cost of the additional posts for the entire duration
of the project if it is of a fixed duration or for 12 months if it is of unlimited
duration.

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10.3

Increase in other operating expenditure as a result of the operation

(Euros)

Budget heading
(No and title)

Amounts

Method of calculation

A-7010

p.m.

Cooperation Council: All meetings to be held in Brussels once a
year. The Council organises these meetings, so the Commission
merely participates with its officials but does not bear any costs
(conference organisation, interpretation, etc.)

40 000

Cooperation Committee: Meetings (usually one a year) alternate
between Brussels and Astana

- Astana meetings: 4-day mission for 10 Commission officials from
various DGs (EUR 4000 a head from the general budget),

32 000

Subcommittees and other bodies: Estimated 2 meetings a year, half
in Astana, half in Brussels

- Astana meeting (once a year): 4-day mission for 8 officials (budget
all DGs together)

A-7031

p.m.

Travel costs for Council representatives participating in meetings of
the Cooperation Committee and of subcommittees and other groups
are paid by the Council’s General Secretariat.

Total

A-7010

72 000

For years where Cooperation Committee is in Astana

32 000

For years where Cooperation Committee is in Brussels

A-7031

p.m.

The figures give the total cost of the posts for the entire duration of the
project if it is of a fixed duration or for 12 months if it is of unlimited
duration.

NB: The necessary resources for missions by Commission officials will be
obtained through redeployment of existing resources.

19