Rules of procedure of the EU-Kazakhstan Cooperation Council of 20 July 1999 - Rules of procedure of the EU-Kazakhstan Cooperation Committee of 20 July 1999
Date: 1999-07-20
Institutions: Provisional data
Subjects: Association Council (EU), Kazakhstan, cooperation policy, rules of procedure

L 244/46

EN

Official Journal of the European Communities

16. 9. 1999

II

(Acts whose publication is not obligatory)

COUNCIL

RULES OF PROCEDURE OF THE EU-KAZAKHSTAN COOPERATION COUNCIL

of 20 July 1999

(1999/616/EC)

THE COOPERATION COUNCIL,

Having regard to the Agreement on Partnership and Co-
operation between the European Communities and their
Member States of the one part, and the Republic of Kazakh-
stan, of the other part (1), signed in Brussels on 23 January
1995, hereinafter referred to as Agreement and in particular
Articles 76 to 80 thereof,

Whereas that Agreement entered into force on 1 July 1999,

HAS ESTABLISHED THE FOLLOWING RULES OF PROCEDURE:

Article 1

Presidency

The Cooperation Council shall be presided over alternately for
periods of twelve months by a member of the Council of the
the Communities and its
European Union, on behalf of
Member States, and a member of
the
the Government of
Republic of Kazakhstan. However, the first period of the Presi-
dency shall begin on the date of the first Council meeting and
end on 31 December of the same year.

Article 2

Meetings

The Cooperation Council shall meet regularly at ministerial
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 meet-
ings of the Council of the European Union at a date agreed by
both Parties.

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

(1) OJ L 196, 28.7.1999, p. 1.

Article 3

Representation

The members of the Cooperation Council may be represented
if they are prevented from attending.

Each member may normally be represented by the Head of the
Representation to the European Communities or the Permanent
Representation to the European Union or a senior official.

In all other cases, a member wishing to be represented shall
notify the Chairman of the name of his 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 that member.

Article 4

Delegations

The members of the Cooperation Council may be accompanied
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
to provide information on particular
subjects.

in order

Article 5

Secretariat

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

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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 Secre-
taries 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 Commission Council. Cor-
respondence circulated shall be sent to the General Secretariat
of the Commission of the European Communities, the Perma-
nent Representations of the EU Member States and the Mission
of the Republic of Kazakhstan to the European Communities.

Correspondence from the Chairman of
the Cooperation
Council shall be sent to the recipients by the respective Secre-
tary 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 corres-
ponding 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 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.

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 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 participed at
the meeting.

The draft minutes shall be submitted to the Cooperation
Council for approval at its next meeting. The draft minutes also
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 10

Recommendations

The Cooperation Council shall make its recommenda-

1.
tions by common agreement between the Parties.

During the inter-sessional 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
2.
the meaning of Article 76 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 above as documents of the Cooperation
Council.

Article 11

Publicity

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

2.
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.

Each Party may decide on the publication of the recommenda-
tions of the Cooperation Council in its respective official publi-
cation.

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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 the Republic of Kazakhstan
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 expenditure.

Expenditure in connection with interpretation at meetings,
translation and reproduction of documents shall be borne by
the European Communities, with the exception of expenditure
in connection with interpretation or translation from one of
the languages of the European Communities into Kazakh or
Russian, which shall be borne by the Republic of Kazakhstan.

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 78 of the Agreement in order to assist
the Cooperation Council in carrying out its duties. It shall be
composed of representatives of the Commission of the Euro-
pean 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 Kazakh-
stan on the other, normally at senior civil servant level.

2.
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 of recommendations for adoption
to the Cooperation Council.

The rules of procedure of the Cooperation Committee are

3.
attached as Annex to the present rules of procedure.

Done at Brussels, 20 July 1999.

For the Cooperation Council

The President

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RULES OF PROCEDURE OF THE EU-KAZAKHSTAN COOPERATION COMMITTEE

ANNEX

Article 1

Presidency

Article 6

Agenda for the meetings

The Cooperation Committee shall be presided over alternately
for periods of 12 months by a representative of the Commis-
sion of the European Communities, on behalf of the Communi-
ties and their Member States, and a representative of
the
Government of the Republic of Kazakhstan. 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 months period, the
Cooperation Committee shall be chaired by the Party which
holds the Presidency of the Cooperation Council.

Article 2

Meetings

1.
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 Secretaries of the Cooperation
Council as well as to the members of
the Cooperation
Committee not later than fifteen 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 twenty-one 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 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
convened by both Secretaries.

the Cooperation Committee are jointly

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 specified in
paragraph 1 may be shortened in order to take account of the
requirements of a particular case.

Article 3

Delegations

The Cooperation Committee may ask experts to attend its
to provide information on particular

in order

3.
meetings
subjects.

Before each meeting,
the Cooperation
Committee shall be informed of the intended composition and
the Head of the Delegation of each Party.

the Chairman of

Article 7

Minutes

Article 4

Secretariat

An official of the Commission of the European Communities
and an official of the Government of the Republic of Kazakh-
stan shall act
the Cooperation
jointly as Secretaries of
Committee.

All correspondence to and from the Chairman of the Coopera-
tion Committee provided for in this Annex shall be forwarded
to the Secretaries of the Cooperation Committee and to the
Secretaries and the Chairman of the Cooperation Council and
where appropriate,
the Cooperation
Committee.

to the members of

Article 5

Publicity

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

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 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 Secretaries of the Cooperation
Council and to the members of the Cooperation Committee.

Article 8

Recommendations

The Cooperation Committee shall not make recommendations
except in the specific cases where it is empowered by the
Cooperation Council under Article 78(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 description of
their subject. Recommendations shall be
made by common agreement between the Parties.

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the Cooperation Committee shall be
Recommendations of
forwarded to the Chairman and Secretaries of the Cooperation
Council and to the members of the Cooperation Committee.
Each Party may decide on the publication of the recommenda-
tions of the Cooperation Committee in its respective official
publication.

Expenditure in connection with interpreting at meetings, trans-
lation and reproduction of documents shall be borne by the
European Communities, with the exception of expenditure in
connection with interpretation or translation from one of the
languages of
the European Communities into Kazakh or
Russian, which shall be borne by the Republic of Kazakhstan.

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

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

Article 9

Expenses

The European Communities and the Republic of Kazakhstan
shall each defray the expenses they incur by reason of their
participation in the meetings of the Cooperation Committee
its subcommittees and working groups, both with
and of
regard to staff, travel and subsistence expenditure and to postal
and telecommunications expenditure.

Article 10

Subcommittees

The Cooperation Committee may establish subcommittees 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.
Subcommittees shall not make recommendations.

The Cooperation Committee may modify the terms of refer-
ence of any subcommittees or set up further subcommittees to
assist it in carrying out its duties.