Proposal for a Council Decision on a Community Position concerning a Decision of the EC – Croatia Stabilisation and Association Council on its Rules of Procedure
Date: 2005-02-11
Institutions: European Commission
Subjects: Association Council (EU), Croatia, association agreement (EU), economic stabilisation, rules of procedure

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 11.02.2005 
COM(2005) 41 final 

Proposal for a 

COUNCIL DECISION 

on a Community Position concerning a Decision of the EC – Croatia Stabilisation and 
Association Council on its Rules of Procedure  

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The  Stabilisation  and  Association  Agreement  between  the  European  Communities  and  their 
Member States, of the one part, and the Republic of Croatia, of the other part, enters into force 
on 1st February 2005. 

The Stabilisation and Association Council established by Article 110 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 111 of the said Agreement, the Stabilisation and Association Council 
shall establish its rules of procedure. In conformity with Article 114 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/xyz/EC, Euratom] 
of  13  December  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 – Croatia 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/xyz/EC,  Euratom]1  of  13 
December  2004  on  the  conclusion  of  the  Stabilisation  and  Association  Agreement  between 
the  European  Communities  and  their  Member  States,  of  the  one  part,  and  the  Republic  of 
Croatia (hereinafter referred to as “Croatia”), 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 110 of the Stabilisation and Association Agreement establishes a Stabilisation 
and Association Council. 

Article  114  of  the  said  Agreement  provides  that  the  Stabilisation  and  Association 
Council shall be assisted by a Stabilisation and Association Committee.  

Article  111  of  the  said  Agreement  provides  that  the  Stabilisation  and  Association 
Council shall adopt its own rules of procedures. 

Article  114  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  110  of  the  Stabilisation  and  Association  Agreement  between 
the  European  Communities  and  their  Member  States,  of  the  one  part,  and  the  Republic  of 

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To be published. 

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Croatia, 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  114  of  the  said  Agreement  shall  be  based  on  the  draft 
decision  of  the  Stabilisation  and  Association  Council,  annexed  to  this  Decision.  Minor 
amendments to this draft decision may be accepted without further decision of the Council. 

Done at Brussels, 

For the Council 
The President 

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ANNEX I 

Decision No …Of the EC – Croatia 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  Republic  of  Croatia 
(hereinafter referred to as “Croatia”), of the other part, and in particular Articles 110 and 111 
thereof, 

Whereas that Agreement entered into force on [1 February 2005], 

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  Croatia. 
The  first  period  shall  begin  on  the  date  of  the  first  Stabilisation  and  Association  Council 
meeting and end on 31 December 2005. 

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  Croatia  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 Croatia 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.  

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. 

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. 

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2. 

The  decisions  and  recommendations  of  the  Stabilisation  and  Association  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. 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  Croatia  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 Croatian, which shall be borne by Croatia. Other 
expenditure  relating  to  the  organisation  of  meetings  shall  be  borne  by  the  Party  hosting  the 
meetings. 

Article 13 

Stabilisation and Association Committee 

1. 

2. 

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 Government of Croatia, on the other, normally at senior civil servant level. 

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 

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

proposals 

submit 

shall 

any 

or 

It 

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 this Decision. 

3. 

4. 

Done at 

For the Stabilisation and Association Council 
The Chairman 

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ANNEX II 

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  Croatia.  The  first  period 
shall begin on the date of the first Stabilisation and Association Council meeting and end on 
31 December 2005. 

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  Croatia  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. 

2. 

The  Chairman  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. 

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  Croatia  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 Croatian, which shall be borne by Croatia. 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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