Proposal for a Council Decision on a Community position within the EU-Mercosur Co-operation Council on the rules of procedure of the Co-operation Council
Date: 1999-11-16
Institutions: European Commission
Subjects: Association Council (EU), Mercosur countries, cooperation agreement (EU), rules of procedure

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 16.11.1999
COM(1999) 600 final

Proposal for a

COUNCIL DECISION

on a Community position within the EU-Mercosur Co-operation Council on the rules of
procedure of the Co-operation Council

(presented by the Commission)

EXPLANATORY MEMORANDUM

The Interregional Framework Co-operation Agreement between the European Community
and its Member States and the Southern Common Market and its Party States, which entered
into force on 1 July 1999, establishes a Co-operation Council. In accordance with article 26 of
the Agreement, the Co-operation Council must establish its own rules of procedure.

The Commission is sending to the Council a proposal for a Council decision concerning the
Community position on the rules of procedure annexed thereto with a view to a Co-operation
Council decision.

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Proposal for a

COUNCIL DECISION

on a Community position within the EU-Mercosur Co-operation Council on the rules of
procedure of the Co-operation Council

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the proposal from the Commission,

Whereas article 26 of the Interregional Framework Co-operation Agreement between the
European Community and its Member States and the Southern Common Market and its Party
States provides that the Co-operation Council of that Agreement shall establish its own rules
of procedure.

HAS DECIDED AS FOLLOWS :

To adopt, as a Community position within the EU-Mercosur Co-operation Council, the
annexed draft decision.

Done at Brussels,

For the Council
The President

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Draft

DECISION OF THE CO-OPERATION COUNCIL

established by the Interregional Framework Co-operation Agreement between the
European Community and its Member States, of the one part, and the Southern
Common Market and its Party States, of the other part, of 15 December 1995

RULES OF PROCEDURE OF THE CO-OPERATION COUNCIL

THE CO-OPERATION COUNCIL,

Having regard to the Interregional Framework Co-operation Agreement between the

European Community and its Member States of the one part, and the Southern Common
Market and its Party States, of the other part, signed in Madrid on 15 December 1995,

hereinafter referred to as “Agreement” and in particular Articles 25 to 29 thereof,

Whereas that Agreement entered into force on 1 July 1999,

HAS ESTABLISHED THE FOLLOWING RULES OF PROCEDURE:

1.

1.

2.

3.

Article 1 - Presidency

Every meeting of the Co-operation Council shall be presided over alternatively
by a representative of the Presidency of the Council of the European Union and
a representative of the Common Market Council of the Southern Common
Market, in conformity with each side's internal procedures and dispositions.

Article 2 - Meetings

The Co-operation Council shall meet at ministerial level, at regular intervals and
when circumstances require if the Parties so agree.

Each session of the Co-operation Council shall be held in a place mutually
agreed by the Parties.

The meetings of
Secretaries of the Co-operation Council.

the Co-operation Council are jointly convened by the

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1.

2.

1.

1.

1.

1.

2.

3.

Article 3 - Representation

The members of the Co-operation Council may be represented if they are
prevented from attending.

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 Co-operation Council shall exercise all the
rights of that member.

Article 4 - Delegations

The members of the Co-operation Council may be accompanied by officials.
the Chairman of the Co-operation Council shall be
Before each meeting,
informed of the intended composition and of the Head of the delegation of each
Party.

Article 5 - Secretariat

An official of the General Secretariat of the Council of the European Union and
an official of the diplomatic mission towards the European Union of the Party
State of the Southern Common Market that is preparing the meeting shall act
jointly as Secretaries of the Co-operation Council.

Article 6 - Documents

When the deliberations of the Co-operation Council are based on written
supporting documents, such documents shall be numbered and circulated as
documents of the Co-operation Council by the two Secretaries.

Article 7 - Correspondence

All correspondence addressed to the Co-operation Council or to the Chairman of
the Council shall be forwarded to both Secretaries of the Co-operation Council.

The two Secretaries shall ensure that correspondence is forwarded to the
Chairman of the Co-operation Council and, where appropriate, circulated as
documents referred to in Article 6 to other members of the Co-operation
Council. Correspondence circulated shall be sent to the General Secretariat of
the Commission, the Permanent Representations of the EU Member States and
the diplomatic mission towards the European Union of the Party State of the
Southern Common Market that is preparing the meeting.

Correspondence from the Chairman of the Co-operation Council shall be sent to
the recipients by the respective Secretary and, where appropriate, circulated as

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documents referred to in Article 6 to the other members of the Co-operation
Council at the addresses indicated in the preceding paragraph.

Article 8 - Agenda for the meetings

A provisional agenda for each meeting shall be drawn up by the Secretaries of
the Co-operation Council on the basis of suggestions by the Parties. It shall be
forwarded by the corresponding secretary to the addressees referred to in Article
7 not later than fifteen 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 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 agenda shall be adopted by the Co-operation 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 9 - Minutes

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 Co-operation Council;

statements the entry of which has been requested by a member of the Co-
operation Council;

the proposals made, 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 Co-operation Council or
their representatives who participated at the meeting.

The draft minutes shall be submitted to the Co-operation 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.

1.

2.

1.

2.

3.

4.

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1.

2.

3.

4.

1.

2.

1.

2.

Article 10 – Recommendations

In the cases provided for in the Articles 25 – 28 of the Agreement, the Co-
operation Council shall make recommendations or proposals by common
agreement between the Parties. During the inter-session period, the Co-operation
Council may make recommendations or proposals 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 and proposals of the Co-operation Council within the
entitled
meaning of Articles 25 - 28 of
"recommendation" or “proposal” respectively, followed by a serial number, by
the date of their adoption and by a description of their subject.

the Agreement

shall be

The recommendations and proposals of the Co-operation Council shall be
authenticated by the two Secretaries and two authentic copies signed by Heads
of delegation of the two Parties.

Recommendations and proposals shall be forwarded to each of the addressees
referred to in Article 7 above as documents of the Co-operation Council.

Article 11 - Publicity

Unless otherwise decided, the meetings of the Co-operation Council shall not be
public.

Each Party may decide on the publication of the recommendations and proposals
of the Co-operation Council in its respective official publication.

Article 12 - Expenses

Each of the Parties shall each defray the expenses they incur by reason of their
participation in the meetings of the Co-operation Council, both with regard to
staff, travel and subsistence expenditure and to postal and telecommunications
expenditure.

Expenditure in connection with organisation of meetings,
interpretation at
meetings, translation and reproduction of documents shall be borne by the Party
which hosts the meeting.

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