Proposal for a Council Decision on a Community Position concerning a Decision of the EC - the former Yugoslav Republic of Macedonia Stabilisation and Association Council on its Rules of Procedure
Date: 2004-05-12
Institutions: European Commission
Subjects: Association Council (EU), North Macedonia, association agreement (EU), rules of procedure

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 12.05.2004 
COM(2004)375 final 

Proposal for a 

COUNCIL DECISION 

on a Community Position concerning a Decision of the EC – the former Yugoslav 
Republic of Macedonia Stabilisation and Association Council on its Rules of Procedure  

(presented by the Commission) 

EN 

   EN 

 
 
 
  
 
EXPLANATORY MEMORANDUM 

The  Stabilisation  and  Association  Agreement  between  the  European  Communities  and  their 
Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other 
part, has entered into force on 1 April 2004. 

The Stabilisation and Association Council established by Article 108 of the said Agreement 
supervises  the  implementation  of  this  Agreement  and  examines  any  major  issues  arising 
within  the  framework  of  the  Agreement  and  any  other  bilateral  or  international  issues  of 
mutual interest. 

As provided in Article 109 of the said Agreement, the Stabilisation and Association Council 
shall establish its rules of procedure. In conformity with Article 110 of the Stabilisation and 
Association Agreement, these rules of procedure determine the duties of the Stabilisation and 
Association  Committee,  which  shall  assist  the  Stabilisation  and  Association  Council  in  the 
performance of its duties. 

As laid down by Article 2(1) of Council and Commission Decision 2004/239/EC, Euratom of 
23  February  2004  on  the  conclusion  of  the  said  Agreement,  the  Community  position  in  the 
Stabilisation and Association Council will be established by decision of the Council, acting on 
a proposal from the Commission. 

The Council is therefore invited to approve the attached proposal. 

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Proposal for a 

COUNCIL DECISION 

on a Community Position concerning a Decision of the EC – the former Yugoslav 
Republic of Macedonia Stabilisation and Association Council on its Rules of Procedure  

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community and the Treaty establishing 
the European Atomic Energy Community (Euratom), 

Having regard to Council and Commission Decision 2004/239/EC, Euratom1 of 23 February 
2004 on the conclusion of the Stabilisation and Association Agreement between the European 
Communities and their Member States, of the one part, and the former Yugoslav Republic of 
Macedonia, 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 108 of the Stabilisation and Association Agreement establishes a Stabilisation 
and Association Council. 

Article  112  of  the  said  Agreement  provides  that  the  Stabilisation  and  Association 
Council shall be assisted by a Stabilisation and Association Committee.  

Article  109  of  the  said  Agreement  provides  that  the  Stabilisation  and  Association 
Council shall adopt its own rules of procedures. 

Article  110  of  the  said  Agreement  provides  that  the  Stabilisation  and  Association 
Council  shall,  in  its  rules  of  procedure,  determine  the  duties  of  the  Stabilisation  and 
Association  Committee  and  that  the  Stabilisation  and  Association  Council  may 
delegate any of its powers to the Stabilisation and Association Committee, 

HAS DECIDED AS FOLLOWS:  

Sole Article 

The  position  to  be  adopted  by  the  Community  within  the  Stabilisation  and  Association 
Council  established  by  Article  108  of  the  Stabilisation  and  Association  Agreement  between 
the European Communities and their Member States, of the one part, and the former Yugoslav 
Republic  of  Macedonia,  of  the  other  part,  in  relation  to  the  rules  of  procedures  of  the  said 
Stabilisation and Association Council and to the delegation of its powers to the Stabilisation 

1 OJ L 84 of 20.3.2004, p. 1. 

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and Association Committee referred to in Article 110 of the said Agreement shall be based on 
the  draft  decision  of  the  Stabilisation  and  Association  Council,  annexed  to  this  Decision. 
Minor amendments to these draft decisions may be accepted without further decision of the 
Council. 

Done at Brussels,  

For the Council 
The President 

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ANNEX  

Decision No Of The EC – the former Yugoslav Republic of Macedonia Stabilisation and 
Association Council of …adopting its rules of procedure 

THE STABILISATION AND ASSOCIATION COUNCIL, 

Having  regard  to  the  Stabilisation  and  Association  Agreement  between  the  European 
Communities and their Member States, of the one part, and the former Yugoslav Republic of 
Macedonia,  of  the  other  part,  and  in  particular  Articles  108,  109,  110,  111,  112,  and  113 
thereof, 

Whereas that Agreement entered into force on 1 April 2004, 

HAS DECIDED AS FOLLOWS:  

Article 1 

Chairmanship 

The Stabilisation and Association Council shall be presided over alternately for periods of 12 
months  by  a  representative  of  the  Council  of  the  European  Union,  on  behalf  of  the 
Community and its Member States, and by a representative of the Government of the former 
Yugoslav  Republic  of  Macedonia.  The  first  period  shall  begin  on  the  date  of  the  first 
Stabilisation and Association Council meeting and end on 31 December 2004. 

Article 2 

Meetings 

The  Stabilisation  and  Association  Council  shall  meet  regularly  at  ministerial  level  once  a 
year. Special sessions of the Stabilisation and Association Council may be held at the request 
of either Party, if the Parties so agree. Unless otherwise agreed by the Parties, each session of 
the Stabilisation and Association Council shall be held at the usual venue for meetings of the 
Council of the European Union at a date agreed by both Parties. Meetings of the Stabilisation 
and Association Council shall be jointly convened by the Secretaries of the Stabilisation and 
Association Council in agreement with the President.  

Article 3 

Representation 

The  members  of  the  Stabilisation  and  Association  Council  may  be  represented  if  unable  to 
attend. If a member wishes to be so represented, he must notify the President of the name of 
his representative before the meeting at which he is to be so represented. The representative of 
a  member  of  the  Stabilisation  and  Association  Council  shall  exercise  all  the  rights  of  that 
member. 

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Article 4 

Delegations 

The members of the Stabilisation and Association Council may be accompanied by officials. 
Before  each  meeting,  the  President  shall  be  informed  of  the  intended  composition  of  the 
delegation of each Party. A representative of the European Investment Bank shall attend the 
meetings  of  the  Stabilisation  and  Association  Council,  as  an  observer,  when  matters  which 
concern the Bank appear on the agenda. The Stabilisation and Association Council may invite 
non-members 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 of 
the  Mission  of  the  former  Yugoslav  Republic  of  Macedonia  in  Brussels  shall  act  jointly  as 
Secretaries of the Stabilisation and Association Council. 

Article 6 

Correspondence 

Correspondence  addressed  to  the  Stabilisation  and  Association  Council  shall  be  sent  to  the 
President of the Stabilisation and Association Council at the address of the General Secretariat 
of the Council of the European Union.  

The  two  Secretaries  shall  ensure  that  correspondence  is  forwarded  to  the  President  of  the 
Stabilisation and Association Council and, where appropriate, circulated to other members of 
the  Stabilisation  and  Association  Council.  Correspondence  circulated  shall  be  sent  to  the 
Secretariat-General of the Commission, the Permanent Representations of the Member States 
and the Mission of the former Yugoslav Republic of Macedonia in Brussels.  

Communications from the President of the Stabilisation and Association Council shall be sent 
to  the  addressees  by  the  two  Secretaries  and  circulated,  where  appropriate,  to  the  other 
members  of  the  Stabilisation  and  Association  Council  at  the  addresses  indicated  in  the 
preceding paragraph. 

Article 7 

Publicity 

Unless otherwise decided, the meetings of the Stabilisation and Association Council shall not 
be public. 

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Article 8 

Agendas for meetings 

1. 
The  President  shall  draw  up  a  provisional  agenda  for  each  meeting.  It  shall  be 
forwarded  by  the  Secretaries  of  the  Stabilisation  and  Association  Council  to  the  addressees 
referred  to  in  Article  6  not  later  than  15  days  before  the  beginning  of  the  meeting.  The 
provisional  agenda  shall  include  the  items  in  respect  of  which  the  President  has  received  a 
request for inclusion on the agenda not later than 21 days before the beginning of the meeting, 
although  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 despatch of the 
agenda.  The  agenda  shall  be  adopted  by  the  Stabilisation  and  Association  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.  

The President may, in agreement with the two Parties, shorten the time limits specified 

2. 
in paragraph 1 in order to take account of the requirements of a particular case. 

Article 9 

Minutes 

Draft minutes of each meeting shall be drawn up 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 Stabilisation and Association Council, 

- statements requested for entry by a member of the Stabilisation and Association Council, 

-  the  decisions  taken  and  recommendations  made,  the  statements  agreed  upon  and  the 
conclusions adopted. 

The  draft  minutes  shall  be  submitted  to  the  Stabilisation  and  Association  Council  for 
approval.  When  approved,  the  minutes  shall  be  signed  by  the  President  and  the  two 
Secretaries.  The  minutes  shall  be  filed  in  the  archives  of  the  General  Secretariat  of  the 
Council  of  the  European  Union,  which  will  act  as  depository  of  the  documents  of  the 
Association.  A  certified  copy  shall  be  forwarded  to  each  of  the  addressees  referred  to  in 
Article 6. 

Article 10 

Decisions and recommendations 

1. 
The  Stabilisation  and  Association  Council  shall  take  its  decisions  and  make 
recommendations by common agreement of the Parties. During the inter-sessional period, the 
Stabilisation  and  Association  Council  may  take  decisions  or  make  recommendations  by 
written procedure if both Parties so agree. 

The  decisions  and  recommendations  of  the  Stabilisation  and  Association  Council, 
2. 
within  the  meaning  of  Article  110  of  the  Stabilisation  and  Association  Agreement,  shall  be 
entitled respectively "Decision" and "Recommendation" followed by a serial number, by the 

7 

 
 
  
 
date  of  their  adoption  and  by  a  description  of  their  subject  matter.  The  decisions  and 
recommendations  of  the  Stabilisation  and  Association  Council  shall  be  signed  by  the 
President and authenticated by the two Secretaries. Decisions and recommendations shall be 
forwarded to each of the addressees referred to in Article 6 above. Each Party may decide on 
the  publication  of  decisions  and  recommendations  of  the  Stabilisation  and  Association 
Council in its respective official publication. 

Article 11 

Languages 

The  official  languages  of  the  Stabilisation  and  Association  Council  shall  be  the  official 
languages  of  the  two  Parties.  Unless  otherwise  decided,  the  Stabilisation  and  Association 
Council shall base its deliberations on documentation drawn up in these languages. 

Article 12 

Expenses 

The  Community  and  the  former  Yugoslav  Republic  of  Macedonia  shall  each  defray  the 
expenses  they  incur  by  reason  of  their  participation  in  the  meetings  of  the  Stabilisation  and 
Association  Council,  both  with  regard  to  staff,  travel  and  subsistence  expenditure  and  to 
postal  and  telecommunications  expenditure.  Expenditure  in  connection  with  interpreting  at 
meetings, translation and reproduction of documents shall be borne by the Community, with 
the  exception  of  expenditure  in  connection  with  interpreting  or  translation  into  or  from  the 
official language of the former Yugoslav Republic of Macedonia, which shall be borne by the 
former  Yugoslav  Republic  of  Macedonia.  Other  expenditure  relating  to  the  organisation  of 
meetings shall be borne by the Party hosting the meetings. 

Article 13 

Stabilisation and Association Committee 

1. 
A Stabilisation and Association Committee is hereby established in order to assist the 
Stabilisation  and  Association  Council  in  carrying  out  its  duties.  It  shall  be  composed  of 
representatives  of  the  Council  of  the  European  Union  and  of  representatives  of  the 
Commission  of  the  European  Communities,  on  the  one  hand,  and  of  representatives  of  the 
former Yugoslav Republic of Macedonia Government, on the other, normally at senior civil 
servant level. 

2. 
The  Stabilisation  and  Association  Committee  shall  prepare  the  meetings  and  the 
deliberations  of  the  Stabilisation  and  Association  Council,  implement  the  decisions  of  the 
Stabilisation and Association Council where appropriate and, in general, ensure continuity of 
the  association  relationship  and  the  proper  functioning  of  the  Stabilisation  and  Association 
Agreement.  It  shall  consider  any  matter  referred  to  it  by  the  Stabilisation  and  Association 
Council  as  well  as  any  other  matter  which  may  arise  in  the  course  of  the  day-to-day 
implementation of the Stabilisation and Association Agreement. It shall submit proposals or 
any  draft  decisions/recommendations  for  adoption  to  the  Stabilisation  and  Association 
Council. 

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3. 
In cases where the Stabilisation and Association Agreement refers to an obligation to 
consult  or  a  possibility  of  consultation,  such  consultation  may  take  place  within  the 
Stabilisation and Association Committee. The consultation may continue in the Stabilisation 
and Association Council if the two Parties so agree. 

The rules of procedure of the Stabilisation and Association Committee are annexed to 

4. 
this Decision. 

Done at 

For the Stabilisation and Association Council 
The Chairman 

9 

 
 
  
 
 
 
ANNEX I 

Rules of Procedure of the Stabilisation And Association Committee 

Article 1 

Chairmanship 

The Stabilisation and Association Committee shall be presided over alternately for periods of 
12 months by a representative of the European Commission, on behalf of the Community and 
its  Member  States,  and  by  a  representative  of  the  Government  of  the  former  Yugoslav 
Republic of Macedonia. The first period shall begin on the date of the first Stabilisation and 
Association Council meeting and end on 31 December 2004. 

Article 2 

Meetings 

The Stabilisation and Association Committee shall meet when circumstances require, with the 
agreement of both Parties. Each meeting of the Stabilisation and Association Committee shall 
be  held  at  a  time  and  place  agreed  by  both  Parties.  The  meetings  of  the  Stabilisation  and 
Association Committee shall be convened by the Chairman. 

Article 3 

Delegations 

Before  each  meeting,  the  Chairman  shall  be  informed  of  the  intended  composition  of  the 
delegation of each Party. 

Article 4 

Secretariat 

An official of the European Commission and an official of the former Yugoslav Republic of 
Macedonia  Government  shall  act  jointly  as  Secretaries  of  the  Stabilisation  and  Association 
Committee.  All  communications  to  and  from  the  Chairman  of  the  Stabilisation  and 
Association Committee provided for in this Decision shall be forwarded to the Secretaries of 
the  Stabilisation  and  Association  Committee  and  to  the  Secretaries  and  the  President  of  the 
Stabilisation and Association Council. 

Article 5 

Publicity 

Unless otherwise decided, the meetings of the Stabilisation and Association Committee shall 
not be public. 

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Article 6 

Agendas for meetings 

1. 
The  Chairman  shall  draw  up  a  provisional  agenda  for  each  meeting.  It  shall  be 
forwarded by the Secretaries of the Stabilisation and Association Committee to the addressees 
referred  to  in  Article  4  not  later  than  15  days  before  the  beginning  of  the  meeting.  The 
provisional  agenda  shall  include  the  items  in  respect  of  which  the  Chairman  has  received  a 
request for inclusion on the agenda not later than 21 days before the beginning of the meeting, 
although  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 
agenda. The Stabilisation and Association Committee may ask experts to attend its meetings 
in  order  to  provide  information  on  particular  subjects.  The  agenda  shall  be  adopted  by  the 
Stabilisation and Association Committee 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. 

The  Chairman  may,  in  agreement  with  the  two  Parties,  shorten  the  time  limits 

2. 
specified in paragraph 1 in order to take account of the requirements of a particular case. 

Article 7 

Minutes 

Minutes shall be taken for each meeting and shall be based on a summing up by the Chairman 
of the conclusions arrived at by the Stabilisation and Association Committee. When approved 
by the Stabilisation and Association Committee, the minutes shall be signed by the Chairman 
and  by  the  Secretaries  and  filed  by  each  of  the  Parties.  A  copy  of  the  minutes  shall  be 
forwarded to each of the addressees referred to in Article 4. 

Article 8 

Decisions and recommendations 

In the specific cases where the Stabilisation and Association Committee is empowered by the 
Stabilisation and Association Council under Article 110 of the Stabilisation and Association 
Agreement to take decisions/make recommendations, these acts shall be entitled respectively 
"Decision" and "Recommendation", followed by a serial number, by the date of their adoption 
and by a description of their subject matter. Decisions and recommendations shall be made by 
common  agreement  between  the  Parties.  The  decisions  and  recommendations  of  the 
Stabilisation and Association Committee shall be signed by the President and authenticated by 
the  two  Secretaries  and  shall  be  forwarded  to  the  addressees  referred  to  in  Article  4  of  this 
Annex. Each Party  may  decide  on  the publication of the decisions and recommendations of 
this Stabilisation and Association Committee in its respective official publication. 

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Article 9 

Expenses 

The  Community  and  the  former  Yugoslav  Republic  of  Macedonia  shall  each  defray  the 
expenses  they  incur  by  reason  of  their  participation  in  the  meetings  of  the  Stabilisation  and 
Association  Committee,  both  with  regard  to  staff,  travel  and  subsistence  expenditure  and  to 
postal  and  telecommunications  expenditure.  Expenditure  in  connection  with  interpreting  at 
meetings, translation and reproduction of documents shall be borne by the Community, with 
the  exception  of  expenditure  in  connection  with  interpreting  or  translation  into  or  from  the 
official language of the former Yugoslav Republic of Macedonia, which shall be borne by the 
former  Yugoslav  Republic  of  Macedonia.  Other  expenditure  relating  to  the  organisation  of 
meetings shall be borne by the Party hosting the meetings. 

Article 10 

Subcommittees and special groups 

The Stabilisation and Association Committee may create subcommittees or special groups to 
work under the authority of the Stabilisation and Association Committee, to which they shall 
report after each of their meetings. The Stabilisation and Association Committee may decide 
to abolish any existing subcommittees or groups, lay down or modify their terms of reference 
or  set  up  further  subcommittees  or  groups  to  assist  it  in  carrying  out  its  duties.  These 
subcommittees and groups shall not have any decision-making powers. 

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