Proposal for a Council Decision on a Community position in the Association Council on the implementation of Article 93(3) of the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part
Date: 2006-12-04
Institutions: European Commission
Subjects: Algeria, Association Council (EU), operation of the Institutions, rules of procedure

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 4.12.2006 
COM(2006) 757 final 

Proposal for a 

COUNCIL DECISION 

on a Community position in the Association Council on the implementation of Article 
93(3) of the Euro-Mediterranean Agreement establishing an Association between the 
European Community and its Member States, of the one part, and the People’s 
Democratic Republic of Algeria, of the other part 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

1. 

2. 

3. 

Article  93(3)  of  the  Euro-Mediterranean  Agreement  establishing  an  Association 
between  the  European  Community  and  its  Member  States,  of  the  one  part,  and  the 
People’s Democratic Republic of Algeria, of the other part, deals with the working of 
the  Association  Council  and  states  that  the  latter  is  to  adopt  its  own  rules  of 
procedure. 

The proposal drawn up by the Commission is closely based on the rules of procedure 
adopted for the other Euro-Mediterranean Association Agreements. 

The  Council  is  asked  to  adopt,  in  the  form  of  a  common  Community  position,  the 
attached draft Decision of the EU-Algeria Association Council laying down its rules 
of  procedure,  to  which  draft  rules  of  procedure  for  the  Association  Committee  are 
appended. 

EN 

2 

   EN 

 
Proposal for a 

COUNCIL DECISION 

on a Community position in the Association Council on the implementation of Article 
93(3) of the Euro-Mediterranean Agreement establishing an Association between the 
European Community and its Member States, of the one part, and the People’s 
Democratic Republic of Algeria, of the other part 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular  the 
second subparagraph of Article 300(2) thereof, 

Having regard to the proposal from the Commission1, 

Whereas: 

(1) 

The  Euro-Mediterranean  Agreement  between  the  European  Community  and  its 
Member States, of the one part, and the People’s Democratic Republic of Algeria, of 
the  other  part,  was  signed  on  22  April  2002  and  entered  into  force  on  1  September 
2005. 

(2) 

Article 93(3) of that Agreement states that the Association Council is to adopt its own 
rules of procedure, 

HAS DECIDED AS FOLLOWS: 

Sole Article 

The position to be adopted by the Community in the Association Council established by the 
Euro-Mediterranean  Agreement  concluded  between  the  European  Community  and  its 
Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other 
part,  on  the  implementation  of  Article  93(3)  of  the  Agreement  shall  be  based  on  the  draft 
Decision of the Association Council annexed to this Decision. 

Done at Brussels, 

For the Council 
The President 

1 

OJ C […], p. [...]. 

EN 

3 

   EN 

 
 
 
                                                 
ANNEX I 

Draft 

DECISION OF THE EU-ALGERIA ASSOCIATION COUNCIL 

laying down the Association Council's rules of procedure 

The EU-Algeria Association Council, 

Having regard to the Euro-Mediterranean Agreement establishing an Association between the 
European  Community  and  its  Member  States,  of  the  one  part,  and  the  People’s  Democratic 
Republic of Algeria, of the other part, and in particular Articles 92 to 100 thereof, 

Whereas that Agreement entered into force on 1 September 2005, 

HAS DECIDED AS FOLLOWS: 

Article 1 

Chair 

The  Association  Council  shall  be  chaired  alternately  for  a  period  of  twelve  months  by  a 
representative of the Presidency of the Council of the European Union, acting on behalf of the 
European Community and its Member States, and by a representative of the Government of 
the People’s Democratic Republic of Algeria. 

The first period shall begin on the date of the first Association Council meeting and end on 
15 May 2007. 

Article 2 

Meetings 

The Association Council shall meet regularly at ministerial level once a year. Special sessions 
of the Association Council may be held if the Parties so agree, at the request of either Party. 

Unless otherwise agreed by the Parties, each session of the 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. 

The meetings of the Association Council shall be jointly convened by the Secretaries of the 
Association Council in agreement with the Chair. 

EN 

4 

   EN 

 
Article 3 

Representation 

The members of the Association Council may be represented if unable to attend. If members 
wish to be so represented, they shall notify the President of the name of their representative 
before the meeting at which they are to be so represented. 

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

Article 4 

Delegations 

The  members  of 
the  Association  Council  may  be  accompanied  by  officials.  
Before  each  meeting,  the  Chair  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 
Association  Council  as  an  observer  when  matters  which  concern  the  Bank  appear  on  the 
agenda. 

The  Association  Council  may,  by  agreement  between  the  Parties,  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 Embassy of the People’s Democratic Republic of Algeria in Brussels shall act jointly as 
Secretaries of the Association Council. 

Article 6 

Correspondence 

Correspondence  addressed  to  the  Association  Council  shall  be  sent  to  the  Chair  of  the 
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  Chair  of  the 
Association  Council  and,  where  appropriate,  circulated  to  the  other  members  of  the 
Association Council. Correspondence circulated shall be sent to the Secretariat-General of the 
Commission,  the  Permanent  Representations  of  the  Member  States  and  the  Embassy  of  the 
People’s Democratic Republic of Algeria in Brussels. 

EN 

5 

   EN 

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

Article 7 

Non-public nature of meetings 

Unless  otherwise  decided,  the  meetings  of  the  Association  Council  shall  not  be  open  to  the 
public. 

Article 8 

Agendas for meetings 

1. 

The Chair shall draw up a provisional agenda for each meeting. It shall be forwarded 
by the Secretaries of the Association Council to the addressees referred to in Article 
6 not later than fifteen days before the beginning of the meeting. 

The  provisional  agenda  shall  include  the  items  in  respect  of  which  the  Chair  has 
received a request for inclusion in the agenda not later than twenty-one days before 
the beginning of the meeting, save that items are not to be placed on the provisional 
agenda  unless  the  supporting  documentation  has  been  forwarded  to  the  Secretaries 
not later than the date of dispatch of the agenda. 

The  agenda  shall  be  adopted  by  the  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 Parties so agree. 

2. 

The  Chair  may,  in  agreement  with  the  Parties,  shorten  the  periods  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 taken 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 Association Council; 

–  the statements which a member of the Association Council has asked to be entered; 

–  the decisions taken, the statements agreed upon and the conclusions adopted. 

The draft minutes shall be submitted to the Association Council for approval. They shall be 
approved  within  six  months  after  each  Association  Council  meeting.  When  approved,  the 
minutes shall be signed by the Chair and the two Secretaries. The minutes shall be filed in the 

EN 

6 

   EN 

 
archives  of  the  General  Secretariat  of  the  Council  of  the  European  Union;  a  certified  copy 
shall be forwarded to each of the addressees referred to in Article 6. 

Article 10 

Decisions and recommendations 

1.  The  Association  Council  shall  adopt  its  decisions  and  recommendations  by  mutual 
agreement of the Parties. 

In  the  period  between  meetings,  the  Association  Council  may  adopt  decisions  or 
recommendations by written procedure if both Parties so agree. 

2.  The  decisions  and  recommendations  of  the  Association  Council  within  the  meaning  of 
Article 94 of the Euro-Mediterranean Agreement shall be entitled respectively "Decision" and 
"Recommendation" followed by a serial number, the date of their adoption and a description 
of their subject matter. Each decision shall specify the date of its entry into force. 

The decisions and recommendations of the Association Council shall be signed by the Chair 
and authenticated by the two Secretaries. 

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

The  Association  Council  may  decide 
its  decisions  and 
recommendations in the Official Journal of the European Union and the Official Journal of 
the People’s Democratic Republic of Algeria. 

to  order  publication  of 

Article 11 

Languages 

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

Unless  otherwise  decided,  the  Association  Council  shall  base  its  deliberations  on 
documentation prepared in those languages. 

Article 12 

Expenses 

The European Community and the People’s Democratic Republic of Algeria shall each defray 
the  expenses  they  incur  by  reason  of  their  participation  in  the  meetings  of  the  Association 
Council,  with  regard  to  both  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 European Community, with the exception of expenditure in 

EN 

7 

   EN 

 
connection with interpreting and/or translation into or from Arabic, which shall be borne by 
the People’s Democratic Republic of Algeria. 

Other expenditure relating to the material organisation of meetings shall be borne by the Party 
which hosts the meetings. 

Article 13 

Association Committee 

1. 

2. 

3. 

4. 

An Association Committee shall have the task of assisting the Association Council in 
carrying  out  its  duties.  It  shall  be  composed  of  representatives  of  the  European 
Commission and of representatives of the members of the Council of the European 
Union,  on  the  one  hand,  and  of  representatives  of  the  Government  of  the  People’s 
Democratic Republic of Algeria, on the other hand. 

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

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

The  draft  Rules  of  Procedure  of  the  Association  Committee  are  annexed  to  this 
Decision. 

This decision shall enter into force on the day of its adoption. 

Done at [...] 

For the Association Council 

The Chair 

EN 

8 

   EN 

 
ANNEX 

RULES OF PROCEDURE OF THE ASSOCIATION COMMITTEE 

Article 1 

Chair 

The  Association  Committee  shall  be  chaired  alternately  for  periods  of  twelve  months  by  a 
representative  of  the  European  Commission,  acting  on  behalf  of  the  Community  and  its 
Member  States,  and  by  a  representative  of  the  Government  of  the  People’s  Democratic 
Republic of Algeria.  

The first period shall begin on the date of the first Association Council meeting and end on 
15 May 2007. 

Article 2 

Meetings 

The  Association  Committee  shall  meet  when  circumstances  require,  with  the  agreement  of 
both Parties. 

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

The meetings of the Association Committee shall be convened by the Chair. 

Article 3 

Delegations 

Before  each  meeting,  the  Chair  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  Government  of  the  People’s 
Democratic Republic of Algeria shall act jointly as Secretaries of the Association Committee. 

All  communications  to  or  from  the  Chair  of  the  Association  Committee  that  are  caught  by 
these Rules of Procedure shall be addressed to the Secretaries of the Association Committee 
and to the Secretaries and Chair of the Association Council. 

EN 

9 

   EN 

 
 
 
Article 5 

Non-public nature of meetings 

Unless otherwise decided, the meetings of the Association Committee shall not be open to the 
public. 

Article 6 

Agendas for meetings 

1. The Chair shall draw up a provisional agenda for each meeting. It shall be forwarded by the 
Secretaries of the Association Committee to the addressees referred to in Article 4 not later 
than fifteen days before the beginning of the meeting. 

The provisional agenda shall include the items in respect of which the Chair has received a 
request for inclusion in the agenda not later than twenty-one days before the beginning of the 
meeting,  save  that  such  items  are  not  to  be  placed  on  the  provisional  agenda  unless  the 
supporting  documentation  has  been  forwarded  to  the  Secretaries  not  later  than  the  date  of 
dispatch of the agenda. 

The  Association  Committee  may  ask  experts  to  attend  its  meetings  in  order  to  provide 
information on particular subjects. 

The agenda shall be adopted by the 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  Chair  may,  in  agreement  with  the  two  Parties,  shorten  the  periods  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 Chair of 
the conclusions arrived at by the Association Committee. 

After approval by the Association Committee, the minutes shall be signed by the Chair 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 

Deliberations 

In  the  specific  cases  where  the  Association  Committee  is  empowered  by  the  Association 
Council under the Euro-Mediterranean Agreement to take decisions/recommendations, these 

EN 

10 

   EN 

 
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. 

Whenever the Association Committee takes a decision, Articles 10 and 11 of Decision No … 
of the Association Council adopting its Rules of Procedure shall be applied mutatis mutandis. 
Decisions  and  recommendations  of  the  Association  Committee  shall  be  forwarded  to  the 
addressees referred to in Article 4 of the present Rules of Procedure. 

Article 9 

Expenses 

Each  Party  shall  defray  the  expenses  related  to  its  participation  in  the  meetings  of  the 
Association  Committee  and  of  any  working  groups  or  bodies  which  might  be  set  up  in 
accordance with Article 98 of the Euro-Mediterranean Agreement, with regard both 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 European Community, with the exception of expenditure in 
connection with interpreting and/or translation into or from Arabic, which shall be borne by 
the People’s Democratic Republic of Algeria. 

Other expenditure relating to the material organisation of meetings shall be borne by the Party 
which hosts the meetings. 

EN 

11 

   EN