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

EN

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 16.11.1999
COM(1999) 601 final

Proposal for a

COUNCIL DECISION

on a Community position within the EU-Chile Joint Council on the rules of procedure of
the Joint Council

(presented by the Commission)

EXPLANATORY MEMORANDUM

The Framework Co-operation Agreement between the European Community and its Member
States and the Republic of Chile, which entered into force on 1 February 1999, establishes a
Joint Council. In accordance with article 34 of the Agreement, the Joint 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 Joint Council
decision.

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Proposal for a

COUNCIL DECISION

on a Community position within the EU-Chile Joint Council on the rules of procedure of
the Joint 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 34 of the Framework Co-operation Agreement between the European
Community and its Member States and the Republic of Chile provides that the Joint Council
of that Agreement shall establish its own rules of procedure.

HAS DECIDED AS FOLLOWS:

To adopt, as a Community position within the EU-Chile Joint Council, the annexed draft
decision.

Done at Brussels,

For the Council
The President

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Draft

DECISION OF THE JOINT COUNCIL

established by the Framework Co-operation Agreement betweenthe European
Community and its Member States, of the one part, and the Republic of Chile, of the
other part, of 21 June 1996

RULES OF PROCEDURE OF THE JOINT COUNCIL

THE JOINT COUNCIL,

Having regard to the Framework Co-operation Agreement between the European Community
and its Member States of the one part, and the Republic of Chile, of the other part, signed in
Florence on 21 June 1996, hereinafter referred to as “Agreement” and in particular Articles 33
to 37 thereof,

Whereas that Agreement entered into force on 1 February 1999,

HAS ESTABLISHED THE FOLLOWING RULES OF PROCEDURE:

1.

1.

2.

3.

1.

2.

Article 1 - Presidency

Every meeting of the Joint Council shall be presided alternatively by a representative
of the Presidency of the Council of the European Union and a representative of the
Republic of Chile.

Article 2 - Meetings

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

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

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

Article 3 - Representation

The members of the Joint 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 Joint Council shall exercise all the rights of that
member.

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1.

1.

1.

1.

2.

3.

1.

Article 4 - Delegations

The members of the Joint Council may be accompanied by officials. Before each
meeting,
the Chairman of the Joint Council shall be 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 Republic of
Chile shall act jointly as Secretaries of the Joint Council.

Article 6 - Documents

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

Article 7 - Correspondence

All correspondence addressed to the Joint Council or to the Chairman of the Council
shall be forwarded to both Secretaries of the Joint Council.

The two Secretaries shall ensure that correspondence is forwarded to the Chairman of
the Joint Council and, where appropriate, circulated as documents referred to in
Article 6 to other members of the Joint 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
Republic of Chile.

Correspondence from the Chairman of the Joint 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 Joint 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
Joint 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 Joint
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.

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2.

1.

2.

3.

4.

1.

2.

3.

4.

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 Joint Council;

statements the entry of which has been requested by a member of the Joint
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 Joint Council or their
representatives who participated at the meeting.

The draft minutes shall be submitted to the Joint 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

In the cases provided for in the Articles 33 – 36 of the Agreement, the Joint Council
shall make recommendations or proposals by common agreement between the Parties.
During the inter-session period, the Joint 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 Joint Council within the meaning of
Articles 33 - 36 of the Agreement shall be entitled "recommendation" or "proposal"
respectively, followed by a serial number, by the date of their adoption and by a
description of their subject.

The recommendations and proposals of the Joint 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 Joint Council.

1.

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

Article 11 - Publicity

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2.

1.

2.

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

Article 12 - Expenses

Each of the parties shall defray the expenses they incur by reason of their participation
in the meetings of the Joint 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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