2001/631/EC: Decision No 1/2001 of the Cooperation Council between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part, of 26 June 2001 adopting the Rules of Procedure of the Cooperation Council
Date: 2001-06-26
Institutions: EC–South Africa Cooperation Council
Subjects: Association Council (EU), South Africa, cooperation agreement (EU), rules of procedure

17.8.2001

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Official Journal of the European Communities

L 221/37

II

(Acts whose publication is not obligatory)

COUNCIL

DECISION No 1/2001 OF THE COOPERATION COUNCIL BETWEEN THE EUROPEAN
COMMUNITY AND ITS MEMBER STATES, OF THE ONE PART, AND THE REPUBLIC OF SOUTH
AFRICA, OF THE OTHER PART,

adopting the Rules of Procedure of the Cooperation Council

of 26 June 2001

(2001/631/EC)

THE COOPERATION COUNCIL,

Having regard to the Agreement on Trade, Development and
Cooperation between the European Community and its
Member States, of the one part, and the Republic of South
Africa, of the other part (1), signed in Pretoria on 11 October
1999, hereinafter referred to as ‘the Agreement’, and in partic-
ular 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 (2),

HAS DECIDED TO ADOPT THE
PROCEDURE:

FOLLOWING RULES OF

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

Article 3

Meetings

The Cooperation 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 Minis-
terial

level.

Unless otherwise agreed by the Parties, each session of the
Cooperation Council at Ministerial level shall be held at the
usual venue for meetings of
the European
Union. The meetings of the Cooperation Council are jointly
arranged by the Secretaries of the Cooperation Council.

the Council of

Article 1

Composition

Article 4

Delegations

The Cooperation Council shall consist of the members of the
Council of the European Union or their representatives and of
members of the Commission of the European Communities,
hereinafter referred to as the ‘Commission’ or their representa-
tives, on the one hand, and of members of the Government of
South Africa or their representatives, on the other.

Before each meeting, the President 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, by agreement between
the Parties, non-members to attend its meetings.

Article 2

Presidency

Article 5

Secretariat

The Cooperation Council shall be presided alternately by a
member of the Council of the European Union and a repres-
entative of the Government of South Africa.

(1) OJ L 311, 4.12.1999, p. 3.
(2) OJ L 311, 4.12.1999, p. 2.

An official of the General Secretariat of the Council of the
European Union and an official of the South African Govern-
ment shall act jointly as Secretaries of the Cooperation 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.

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Article 6

Documents

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 President of the Council shall be forwarded to both Secreta-
ries 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. Correspondence circulated shall be sent
to the Secretariat General of the Commission, the General
Secretariat of the Council of the European Union, the Perma-
nent Representations of the Member States of the European
Union and the South African Government.

Correspondence from the President of the Cooperation Council
shall be sent to the recipients by the respective Secretary and,
where appropriate, circulated to the other members of the
Cooperation Council mentioned in the second paragraph.

Article 8

Agenda for the meetings

A provisional agenda for each meeting shall be drawn up by
the Secretaries of the Cooperation Council. The corresponding
Secretary shall forward it to the recipients referred to in Article
7, second paragraph not later than 15 days before the begin-
ning 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. 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 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.

The minutes shall, as a general rule, indicate in respect of each
item on the agenda:

1. the documentation submitted to the Cooperation Council;

2. statements the entry of which has been requested by a

member of the Cooperation Council;

3. the decisions taken, the recommendations made, the state-
ments agreed upon and the conclusions adopted on specific
items.

The minutes shall also include a list of members of
Cooperation Council who participated at the meeting.

the

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 recipients referred to in
Article 7, second paragraph.

Article 10

Decisions and recommendations

The Cooperation Council shall take decisions and make recom-
mendations by common agreement between the Parties. During
the inter-session period, the Cooperation 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 agree-
ment with the Parties.

the Cooperation
The decisions and recommendations of
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 Cooperation
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 Cooperation Council.

Decisions and recommendations shall be transmitted through
the two Secretaries to each of the recipients referred to in
Article 7, second paragraph as documents of the Cooperation
Council.

Article 11

Publicity

Article 9

Minutes

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

Draft minutes of each meeting shall be drawn up as soon as
possible jointly by the two Secretaries.

Each Party may decide on the publication of the decisions and
the recommendations of the Cooperation Council in its respec-
tive official publication.

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Article 12

Languages

Article 14

Committee

The official languages of the Cooperation Council shall be the
official

languages of the Parties.

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

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 Cooperation Council, both with regard to staff,
travel and subsistence expenditure and to postal and telecom-
munications expenditure.

Expenditure in connection with organisation of meetings shall
be borne by the Party that hosts the meeting.

Article 15

Entry into force

This Decision shall enter into force on the day on which it is
adopted.

Done at Brussels, 26 June 2001.

For the Cooperation Council

The President

J. RICHELLE