2004/683/EC:Council Decision of 28 May 2004 on a Community Position concerning a Decision of the EU and the former Yugoslav Republic of Macedonia Stabilisation and Association Council adopting its Rules of Procedure including the Rules of Procedure of the Stabilisation and Association Committee
Date: 2004-05-28
Institutions: Council of the European Union
Subjects: Association Council (EU), North Macedonia, rules of procedure

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Official Journal of the European Union

9.10.2004

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 28 May 2004

on a Community Position concerning a Decision of the EU and the former Yugoslav Republic of
Macedonia Stabilisation and Association Council adopting its Rules of Procedure including the
Rules of Procedure of the Stabilisation and Association Committee

(2004/683/EC)

THE COUNCIL OF THE EUROPEAN UNION,

(4)

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

the said Agreement provides that

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

regard

to Council

Having
and Commission Decision
2004/239/EC, Euratom (1) of 23 February 2004 on the
the Stabilisation and Association Agreement
conclusion of
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:

Article 108 of
Stabilisation and Association
Agreement establishes a Stabilisation and Association
Council.

the

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 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.

Article 112 of
the
Stabilisation and Association Council shall be assisted
by a Stabilisation and Association Committee.

the said Agreement provides that

Done at Brussels, 28 May 2004.

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

the
its

For the Council
The President

N. DEMPSEY

(1)

(2)

(3)

(1) OJ L 84, 20.3.2004, p. 1.

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ANNEX 1

DECISION No 1/2004

of 28 May 2004

of the EU and the former Yugoslav Republic of Macedonia Stabilisation and Association Council adopting its
Rules of Procedure including the Rules of Procedure of the Stabilisation and Association Committee

THE STABILISATION AND ASSOCIATION COUNCIL,

The representative of a member of the Stabilisation and Association
Council shall exercise all the rights of that member.

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 (1),
and in particular Articles 108, 109, 110, 111, 112 and 113 thereof,

Article 4

Delegations

Whereas that Agreement entered into force on 1 April 2004,

HAS DECIDED AS FOLLOWS:

The members of
accompanied by officials.

the Stabilisation and Association Council may be

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

Article 1

Chairmanship

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 shall be presided over alter-
nately 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 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.

the Government of

Article 2

Meetings

The Stabilisation and Association Council shall meet regularly at minis-
terial level once a year. Special sessions of the Stabilisation and Asso-
ciation Council may be held at the request of either Party, if the Parties
so agree.

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

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.

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

to the President of

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

the Permanent Representations of

the Commission,

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

(1) OJ L 84, 20.3.2004, p. 13.

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.

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Article 7

Publicity

Article 10

Decisions and recommendations

Unless otherwise decided, the meetings of the Stabilisation and Asso-
ciation Council shall not be public.

The Stabilisation and Association Council shall take its decisions

1.
and make recommendations by common agreement of the Parties.

Article 8

Agendas for meetings

During the inter-sessional period,
the Stabilisation and Association
Council may take decisions or make recommendations by written
procedure if both Parties so agree.

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 docu-
mentation has been forwarded to the Secretaries not later than the date
of despatch of the agenda.

The decisions and recommendations of the Stabilisation and Asso-
2.
ciation Council, 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 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.

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.

Decisions and recommendations shall be forwarded to each of the
addressees referred to in Article 6.

2.
The President may, in agreement with the two Parties, shorten the
time limits specified in paragraph 1 in order to take account of the
requirements of a particular case.

Each Party may decide on the publication of decisions and recommen-
dations of the Stabilisation and Association Council
in its respective
official publication.

Article 9

Minutes

Article 11

Languages

Draft minutes of each meeting shall be drawn up by the two Secretaries.

The official languages of the Stabilisation and Association Council shall
be the official languages of the two Parties.

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.

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.

The draft minutes shall be submitted to the Stabilisation and Asso-
ciation 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.

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.

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Article 13

Stabilisation and Association Committee

any draft decisions/recommendations for adoption to the Stabilisation
and Association Council.

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
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.

the Commission of

In cases where the Stabilisation and Association Agreement refers
3.
to an obligation to consult or a possibility of consultation, such consul-
tation 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.

4.
The rules of procedure of
Committee are annexed to this Decision.

the Stabilisation and Association

The Stabilisation and Association Committee shall prepare the
2.
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

Done at Brussels, 28 May 2004.

For the Stabilisation and Association Council

The Chairman

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RULES OF PROCEDURE OF THE STABILISATION AND ASSOCIATION COMMITTEE

ANNEX

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 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.

the Government of

Article 2

Meetings

The Stabilisation and Association Committee shall meet when circum-
stances require, with the agreement of both Parties.

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 docu-
mentation 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.

Each meeting of the Stabilisation and Association Committee shall be
held at a time and place agreed by both Parties.

The Chairman may, in agreement with the two Parties, shorten the
2.
time limits specified in paragraph 1 in order to take account of the
requirements of a particular case.

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

the European Commission and an official of

An official of
the
Government of the former Yugoslav Republic of Macedonia 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 Asso-
ciation Committee shall not be public.

Article 6

Agendas for meetings

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
and 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
common
agreement between the Parties.

recommendations

be made

shall

and

by

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.

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.

Each Party may decide on the publication of the decisions and recom-
mendations of
this Stabilisation and Association Committee in its
respective official publication.

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Article 9

Expenses

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.

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

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.