Proposal for a Council Decision on a Community position on the rules of procedure of the Cooperation Council and the Cooperation Committee established by the partnership and Cooperation Agreement between the European Communities and their Member States and the Republic of Uzbekistan
Date: 1999-09-15
Institutions: European Commission
Subjects: Association Council (EU), Uzbekistan, committee (EU), cooperation agreement (EU), rules of procedure

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 15.9.1999
COM(1999)450 final

Proposal for a

COUNCIL DECISION

on a Community position on the rules of procedure of the Cooperation Council
and the Cooperation Committee established by the partnership and cooperation
agreement between the European Communities and their Member States and the
Republic of Uzbekistan

(presented by the Commission)

1.

2.

3.

4.

5.

6.

EXPLANATORY MEMORANDUM

The Partnership and Cooperation Agreement establishing a partnership
between the European Communities and their Member States, on the one
part, and the Republic of Uzbekistan, 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 Uzbekistan, 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.

According to the Partnership and Cooperation Agreement (in particular
Articles 78 to 80), the Cooperation Council is to 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.

Article 2(1) of Council and Commission Decision COM(96) 254, as
amended by the Council and Commission Decision of 31 May 1999, on the
conclusion of the Partnership and Cooperation Agreement provides that the
position to be adopted by the Community in the Cooperation Council 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.

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

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

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.

2

7.

8.

9.

the institutional provisions of

the Partnership and
Note that under
Cooperation Agreements, a Cooperation Council can only make (non-
binding) recommendations (Article 78 of the Partnership and Cooperation
Agreement).

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
in line with standard
practice in mixed agreement contexts,
diplomatic usage. Although the Uzbekistan authorities have not requested
alternating venues, Uzbekistan 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.

is not

it

The attached draft rules of procedure are proposed for adoption as a
Community position under Article 2(1) of Council and Commission Decision
COM(96) 254, as amended by the Council and Commission Decision of
31 May 1999, on the conclusion of
the Partnership and Cooperation
Agreement between the European Communities and their Member States and
Uzbekistan by means of a decision of the Council.

10.

is therefore requested to adopt

The Council
the attached Commission
proposal on a Community position on the rules of procedure of the
Cooperation Council and of the Cooperation Committee with Uzbekistan.

3

Proposal for a

COUNCIL DECISION

on a Community position on the rules of procedure of the Cooperation Council
and the Cooperation Committee established by the partnership and cooperation
agreement between the European Communities and their Member States and the
Republic of Uzbekistan

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 31 May 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
Uzbekistan, of the other part, and in particular Article 2(1) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

Article 78 of the Partnership and Cooperation Agreement establishes a
Cooperation Council.

Article 80 of the Partnership and Cooperation Agreement provides that the
Cooperation Council shall be assisted by a Cooperation Committee and Article
79 of the Agreement further provides that the Cooperation Council shall adopt
its own rules of procedure.

Article 80 of the said Agreement further provides that the Cooperation Council
shall, in its rules of procedure, determine the manner of functioning of the
Cooperation Committee and that the Cooperation Council may delegate any of
its powers to the Cooperation Committee.

Article 81 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 78 of the Partnership and Cooperation Agreement
between the European Communities and their Member States, of the one part, and
Uzbekistan, of the other part, on the rules of procedure of the said Cooperation
Council and of the Cooperation Committee referred to in Article 80 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 Uzbekistan, 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
Uzbekistan, of the other part, signed in Brussels on 9 February 1995, hereinafter
referred to as “the Agreement”, and in particular Articles 78 to 81 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 Uzbekistan. 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 regularly at ministerial level once a year. Special
meetings of the Cooperation Council may be convened if the parties so agree, at the
request of either Party.

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 on 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 79 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 Uzbekistan’s Head of the
Mission to the European Communities or the Head of a Member State’s Permanent
Representation to the EU 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 Uzbekistan 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
Cooperation Council as the type of document
referred to in Article 6. The
to the Secretariat-General of the
correspondence thus circulated shall be sent
Commission, the Permanent Representations of Member States of the European
Union and the Mission of the Republic of Uzbekistan 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

Agendas for meetings

1.

A jointly agreed provisional agenda shall be drawn up for each meeting. It
shall be forwarded by the Secretaries of the Cooperation Council to the
addressees referred to in Article 7 not later than fifteen days before the
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 received
by the Secretaries no 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 other than those appearing on the provisional agenda
may not be placed on the agenda unless the 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.

Article 9

Minutes

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

8

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 may 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.

1.

2.

1.

2.

Article 10

Recommendations

The Cooperation Council shall make 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 letters between the two Secretaries,
acting in agreement with the Parties.

The recommendations of the Cooperation Council within the meaning of
Article 78 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 as documents of the Cooperation Council.

Article 11

Publicity

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.

9

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 Uzbekistan 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 from an
official language of the European Communities into Uzbek, which shall be borne by
Uzbekistan.

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

Article 14

Cooperation Committee

1.

2.

the Partnership and Cooperation
In accordance with Article 80 of
Agreement, a Cooperation Committee is hereby set up in order to assist the
Cooperation Council in its work. It shall be composed of representatives of
the Commission of the European Communities and of the representatives of
the members of the Council of the European Union, on the one hand, and of
representatives of the Government of Uzbekistan on the other, normally at
senior official level.

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.

10

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.

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

3.

4.

Done at

For the Cooperation Council
Head of the EU Delegation

Head of the Delegation of the Republic of
Uzbekistan

11

RULES OF PROCEDURE OF THE COOPERATION COMMITTEE

ANNEX

Article 1

Chair

The Chair 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 Uzbekistan. 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 Chair shall be informed of the proposed composition of each
Party’s delegation.

Article 4

Secretariat

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

All communications to and from the Chair 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

Agendas for meetings

1.

2.

3.

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 items for which the Chair has received
a request 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 received by the Secretaries by 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.

In agreement with 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.

Article 7

Minutes

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

When approved by the Cooperation Committee, the minutes shall be signed by the
Chair 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.

13

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 80(2)
of the Agreement. In such cases these acts shall bear the title “recommendation”,
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 Chair and
the Secretaries.

Article 9

Expenses

The European Communities and Uzbekistan 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 of translation of documents shall be borne by
the European Communities, with the exception of interpretation or translation from an
official language of the European Communities into Uzbek, which shall be borne by
Uzbekistan.

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

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
formulate
recommendations.

each meeting. They shall not

report

after

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 work.

14

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
Uzbekistan. Establishment and operation of an EU-Uzbekistan 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 Uzbekistan (to be adopted).

4.

4.1

DESCRIPTION OF OPERATION

General objective

Implementation of the institutional provisions of the Agreement.

4.2

Period covered and arrangements for renewal

10 years (= duration of the Agreement, Article 94, 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 breakdown of cost

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

Total

n+5
and
subs.
yrs

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 quantifiable objectives, target population

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

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

9.2

Grounds for the operation

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

17

9.3

Monitoring and evaluation of the operation

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

10.

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

The administrative resources required will actually be mobilised following the annual
Commission Decision on the allocation of resources, taking account in particular of
human resources and additional amounts granted by the budgetary authority.

10.1

Effect on the number of posts

Type of post

Staff required to manage the
operation

Permanent
posts

Temporary
posts

Source

Duration

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

Amounts

Method of calculation

(EUR)

Officials

162 000

1.5 man-years at 108 000 (unit cost), titles A1, A2, A4, A5 and A7

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.

18

10.3

Increase in other administrative expenditure as a result of the operation

(EUR)

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.)

20 000

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

- Tashkent meetings: 4-day mission for 10 Commission officials
from various DGs (EUR 2000 a head from the general budget),

Subcommittees and other bodies: Estimated 2 meetings a year, one
in Tashkent, one in Brussels

- Tashkent meeting (once a year): 4-day mission for 8 officials
(general budget)

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.

16 000

p.m.

36 000

For years where Cooperation Committee meets in Tashkent

16 000

For years where Cooperation Committee meets in Brussels

A-7031

Total

A-701

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