2005/404/EC: Decision No 1/2005 of the EU-Croatia Stabilisation and Association Council of 26 April 2005 adopting its Rules of Procedure including the Rules of Procedure of the Stabilisation and Association Committee
Date: 2005-04-26
Institutions: Association Council, Croatia, European Union
Subjects: Association Council (EU), rules of procedure

L 137/26

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31.5.2005

II

(Acts whose publication is not obligatory)

COUNCIL

DECISION No 1/2005 OF THE EU-CROATIA STABILISATION AND ASSOCIATION COUNCIL

of 26 April 2005

adopting its Rules of Procedure including the Rules of Procedure of the Stabilisation and
Association Committee

(2005/404/EC)

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
the
and its Member States, and by a representative of
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.

Unless otherwise agreed by the Parties, each session of the
the
Stabilisation and Association Council shall be held at
usual venue for meetings of
the European
Union at a date agreed by both Parties.

the Council of

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 repre-
sented.

The representative of a member of the Stabilisation and Asso-
ciation Council shall exercise all the rights of that member.

Article 4

Delegations

Article 2

Meetings

The members of the Stabilisation and Association Council may
be accompanied by officials.

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.

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

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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.

that

shall

ensure

correspondence

two Secretaries

is
The
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
the
the Member
Commission,
States and the Mission of Croatia in Brussels.

the Permanent Representations of

to the Secretariat-General of

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.

include the items in respect of
The provisional agenda shall
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 provi-
sional agenda unless the supporting documentation has been
forwarded to the Secretaries not
than the date of
despatch of the agenda.

later

The agenda shall be adopted by the Stabilisation and Asso-
ciation 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,

2.
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 Asso-

ciation Council,

— statements requested for entry by a member of the Stabili-

sation and Association Council,

— the decisions

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

the

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
the European Union, which will act as
of
depository of the documents of the Association. A certified
copy shall be forwarded to each of the addressees referred to
in Article 6.

the Council of

Article 8

Agendas for meetings

Article 10

Decisions and recommendations

1.
The President shall draw up a provisional agenda for each
meeting. It shall be forwarded by the Secretaries of the Stabili-
sation and Association Council to the addressees referred to in
Article 6 not later than 15 days before the beginning of the
meeting.

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 recom-
mendations by written procedure if both Parties so agree.

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The decisions and recommendations of the Stabilisation
2.
and Association Council, within the meaning of Article 112 of
the Stabilisation and Association Agreement, shall be entitled
respectively ‘Decision’ and ‘Recommendation’
followed by a
their adoption and by a
serial number, by the date of
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.

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
Council shall be the official languages of the two Parties.

the Stabilisation and Association

languages of

Unless otherwise decided,
the Stabilisation and Association
Council shall base its deliberations on documentation drawn
up in these languages.

Article 12

Expenses

Other expenditure relating to the organisation of meetings shall
be borne by the Party hosting the meetings.

Article 13

Stabilisation and Association Committee

in carrying out its duties.

1.
A Stabilisation and Association Committee is hereby
established in order to assist the Stabilisation and Association
It shall be composed of
Council
representatives of the Council of the European Union and of
representatives of the Commission of the European Commu-
nities, on the one hand, and of
the
Government of Croatia, on the other, normally at senior civil
servant level.

representatives of

2.
The Stabilisation and Association Committee shall prepare
the meetings and the deliberations of the Stabilisation and Asso-
ciation Council, implement the decisions of the Stabilisation and
Association Council where appropriate and, in general, ensure
continuity of the association relationship and the proper func-
tioning of the Stabilisation and Association Agreement. It shall
consider any matter referred to it by the Stabilisation and Asso-
ciation 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 Stabili-
sation and Association Council.

the

In cases where

3.
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 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 telecom-
munications expenditure.

Expenditure in connection with interpreting at meetings, trans-
lation 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.

The rules of procedure of the Stabilisation and Association

4.
Committee are annexed to this Decision.

Done at Luxembourg, 26 April 2005.

For the Stabilisation and Association Council
The Chairman

J. ASSELBORN

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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 repre-
sentative 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.

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

Article 3

Delegations

Article 4

Secretariat

An official of the European Commission and an official of the Government of Croatia 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.

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

Article 5

Publicity

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 specified in paragraph 1 in order to

2.
take account of the requirements of a particular case.

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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 114 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.

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.