Proposal for a Council Decision on a Community position to be  presented within the EC-South Africa Cooperation Council  on the rules of procedure of the Cooperation Council
Date: 2000-07-26
Institutions: European Commission
Subjects: Association Council (EU), South Africa, rules of procedure

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 26.07.2000
COM(2000)478 final

Proposal for a

COUNCIL DECISION

on a Community position to be
presented within the EC-South Africa Cooperation Council
on the rules of procedure of the Cooperation Council

(presented by the Commission)

EXPLANATORY MEMORANDUM

The Trade, Development and Cooperation Agreement between the European Community and
South Africa which entered provisionally into force on 1 January 2000 establishes a
Cooperation Council. In accordance with article 97 (2) of the Agreement, the Parties shall
agree on the composition, frequency, agenda and venue of the Cooperation Council.

The inaugural meeting of the EU/SA Cooperation Council took place on 31 March 2000 in
Pretoria and the discussions on the rules of procedure showed that there was a broad measure
of agreement on the contents of the rules and agreement on how to proceed in the near future
while taking into account both sides internal procedures.

rules of procedure of the EU/SA
The Commission is submitting herewith the draft
Cooperation Council and recommends that the Council approve this draft as a Community
position with a view to a Cooperation Council decision.

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Proposal for a

COUNCIL DECISION

on a Community position to be
presented within the EC-South Africa Cooperation Council
on the rules of procedure of the Cooperation Council

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular the
second subparagraph of Article 300 (2) in conjunction with Article 310 thereof,

Having regard to the proposal from the Commission1,

Whereas:

(1)

(2)

(3)

The Trade, Development and Cooperation Agreement between the European
Community and its Member States and South Africa entered into force on a
provisional basis as of 1 January 2000 in accordance with the exchange of letters
between the European Community and South Africa of 11 October 1999,2

Article 97 (2) of the Trade, Development and Cooperation Agreement provides that
the Parties to that Agreement shall agree on the composition, frequency, agenda and
venue of the Cooperation Council,

The position of the Community in the Cooperation Council on the adoption of the
rules of procedure of the latter should be determined,

HAS DECIDED AS FOLLOWS:

The Community's position within the Cooperation Council regarding the adoption of the rules
of procedure of the latter shall be based on the draft Decision annexed hereto.

Article 1

1

2

OJ C , , p. .
O.J. L 311 of 4.12.1999, p. 1.

3

Article 2

Minor alterations to the draft Decision may be agreed upon without a further Council
Decision.

Done at Brussels,

For the Council
The President

4

DRAFT
DECISION OF THE COOPERATION COUNCIL

(N° ........ /00 of ..............)

established by the Trade, Development and Cooperation Agreement between the
European Community and its Member States, of the one part, and South Africa, of the
other part, of 11 October 1999

RULES OF PROCEDURE OF THE COOPERATION COUNCIL

THE COOPERATION COUNCIL,

Having regard to the Trade, Development and Cooperation Agreement between the European
Community and its Member States of the one part, and South Africa, of the other part, signed
in Pretoria on 11 October 1999, hereinafter referred to as “the Agreement” and in particular
Article 97 (2) thereof,

Whereas that Agreement entered into force on a provisional basis as of 1 January 2000 in
accordance with the exchange of letters between the European Community and South Africa
of 11 October 1999,

HAS ESTABLISHED THE FOLLOWING RULES OF PROCEDURE:

Article 1 - Composition

The Co-operation Council shall consist of the members of the Council of the European Union
and of members of the European Commission, on the one hand, and of representatives of the
Government of South Africa on the other.

Article 2 - Presidency

The Co-operation Council shall be presided alternately by a member of the Council of the
European Union, and a representative of the Government of South Africa.

During the period of provisional application of the Agreement, a representative of the
European Commission shall preside on behalf of the Community.

Article 3 - Meetings

The Co-operation Council shall meet at regular intervals and when circumstances require if
the Parties so agree. Equally when so agreed by the Parties, the Council may meet at
Ministerial level.

Unless otherwise agreed by the parties, each session of the Co-operation Council at
Ministerial level shall be held at the usual venue for meetings of the Council of the European
Union.

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The meetings of the Co-operation Council are jointly arranged by the Secretaries of the Co-
operation Council.

Article 4 - Delegations

Before each meeting, the President of the Co-operation Council shall be informed of the
intended composition and of the Head of the delegation of each Party.

The Co-operation Council may invite, by agreement between the Parties, non-members to
attend its meetings.

Article 5 - Secretariat

An official of the General Secretariat of the Council of the European Union and an official of
the South African Government shall act jointly as Secretaries of the Co-operation Council.

However, during the period of the provisional application of the Agreement, an official of the
Commission shall act as co-secretary on the European side.

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 President 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 President of the Co-
operation Council and, where appropriate, circulated to other members of the Co-operation
Council. Correspondence circulated shall be sent
the
Commission, the Secretariat General of the Council, the Permanent Representations of the EU
Member States and South African Government.

to the Secretariat General of

Correspondence from the President of the Co-operation Council shall be sent to the recipients
by the respective Secretary and, where appropriate, circulated to the other members of the Co-
operation Council mentioned 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. The corresponding secretary shall forward it to the recipients referred to in
the preceding article 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. Items shall not be written into the provisional agenda

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unless the supporting documentation has been forwarded to the Secretaries not later than the
date of dispatch of the provisional agenda.

The Co-operation Council at the beginning of each meeting shall adopt the agenda. 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:

(1)

(2)

(3)

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 decisions taken, 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 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 recipients referred to in the
preceding articles.

Article 10 - Decisions and Recommendations

The Co-operation Council shall take decisions and make recommendations by common
agreement between the Parties. During the inter-session period, the Co-operation Council may
adopt a decision or 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 decisions and recommendations of the Co-operation Council within the meaning of
Article 97 of the Agreement shall be entitled "decision" and "recommendation" respectively,
followed by a serial number, by the date of their adoption and by a description of their
subject.

The decisions and recommendations of the Co-operation Council shall be signed by the
President and authenticated by the two Secretaries and two authentic copies shall be kept in
the archives of the Parties of the Co-operation Council.

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Decisions and Recommendations shall be transmitted through the two Secretaries to each of
the recipients referred to in the preceding articles 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 decisions and the recommendations of the
Co-operation Council in its respective official publication.

Article 12 - Languages

The official languages of the Co-operation Council shall be the official languages of the
Parties.

Article 13 - Expenses

The European Community and South Africa 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 shall be borne by the Party that hosts
the meeting.

Article 14 - Committee

One or more Co-operation Committees may be established in order to assist the Co-operation
Council in the performance of its duties.

Done at … ,

For the Cooperation Council
The President

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