2008/128/EC: Decision No 1/2008 of the EC-Montenegro Interim Committee of 22 January 2008 on its Rules of Procedure including the terms of reference and structure of the EC-Montenegro subcommittees
Date: 2008-01-22
Institutions: European Union, Joint Committee, Montenegro
Subjects: Montenegro, committee (EU), interim agreement (EU), operation of the Institutions, rules of procedure

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DECISION No 1/2008 OF THE EC-MONTENEGRO INTERIM COMMITTEE

of 22 January 2008

on its Rules of Procedure including the terms of reference and structure of the EC-Montenegro
subcommittees

(2008/128/EC)

THE EC-MONTENEGRO INTERIM COMMITTEE,

The Interim Committee may invite non-members to attend its
meetings in order to provide information on particular subjects.

Having regard to the Interim Agreement on trade and trade
related matters between the European Community, of the one
part, and the Republic of Montenegro, of the other part (1)
(hereinafter referred to as the Interim Agreement), signed on
15 October 2007, and in particular Article 44 thereof,

HAS DECIDED AS FOLLOWS:

Article 1

Chairmanship

The Interim Committee shall be chaired alternately, for periods
of 12 months, by a representative of the Commission of the
European Communities (hereinafter referred to as European
Commission) on behalf of
the European Community (here-
inafter referred to as the Community), and a representative of
the Government of Montenegro. However, the first period shall
begin on the date of the first Interim Committee meeting and
end on 31 December of the same year.

Article 2

Meetings

The Interim Committee shall meet regularly once a year in
Brussels or Podgorica as agreed by both Parties. Special
meetings of
the Interim Committee may be convened by
mutual agreement at the request of either Party.

The meetings shall be convened by the Chairman.

Unless otherwise agreed, the meetings of the Interim Committee
shall not be public.

Article 3

Delegations

The Member States of the Community shall be informed about
the meetings of the Interim Committee.

Article 4

Secretariat

An official of the European Commission and an official of
Montenegro shall act
the Interim
Committee.

jointly as Secretaries of

Article 5

Correspondence

All correspondence to and from the Chairman of the Interim
Committee shall be forwarded to both Secretaries. The two
Secretaries
is circulated,
to their respective representatives in the
where appropriate,
Interim Committee.

shall ensure that correspondence

Article 6

Agenda of the meetings

1.
The Chairman and the Secretaries shall draw up a provi-
sional agenda for each meeting not later than 15 working days
before the beginning of the meeting.

include the items in respect of
The provisional agenda shall
which a request for inclusion has been received by the Secre-
taries not later than 21 working days before the beginning of
the meeting, save that items shall not be written into the provi-
sional agenda unless the supporting documentation has been
than the date of
forwarded to the Secretaries not
dispatch of the provisional agenda.

later

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

The agenda shall be adopted by the Interim Committee at the
beginning of each meeting. Items other than those appearing on
the provisional agenda may be included in the agenda if the two
Parties so agree.

A representative of the European Investment Bank (EIB) may
attend the meetings of the Interim Committee, as an observer,
when matters which concern the EIB appear on the agenda.

(1) OJ L 345, 28.12.2007, p. 2.

The Chairman 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.

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Article 7

Minutes

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

Draft minutes of each Interim Committee meeting shall be
drawn up by the Party hosting the meeting. They shall
indicate the decisions and recommendations taken and the
conclusions adopted. Within the two months following the
meeting, the draft minutes shall be submitted to the Interim
Committee for approval. When approved, the minutes shall be
signed by the Chairman and the two Secretaries and one
original copy shall be filed by each of the Parties. A copy of
the minutes shall be forwarded to each of
the addressees
referred to in Article 5.

Article 8

Deliberations

The Interim Committee shall take its decisions and formulate its
recommendations by mutual agreement between the Parties.

During the inter-session period, the Interim Committee may
by written
take
procedure if both Parties so agree.

recommendations

or make

decisions

The decisions and recommendations of the Interim Committee
within the meaning of Article 45 of the Interim Agreement
shall be entitled respectively ‘Decision’ and ‘Recommendation’
and followed by a serial number, by the date of their adoption
and by a description of their subject.

The decisions and recommendations of the Interim Committee
shall be signed by the Chairman and authenticated by the two
Secretaries.

The decisions
taken by the Interim Committee shall be
published by the Parties in their respective official publications.
Each Party may decide on the publication of any other act
adopted by the Interim Committee.

Article 9

Languages

The official
official languages of the two Parties.

languages of the Interim Committee shall be the

Article 10

Expenses

The Community and Montenegro shall each defray the expenses
they incur by reason of their participation in the meetings of
the Interim Committee and of subcommittees, both in respect
of staff, travelling and subsistence expenditure and of postal and
telecommunications costs.

Expenditure in connection with interpretation, translation and
reproduction of documents at meetings as well as any other
expenditure relating to the material organisation of meetings
shall be borne by the Party hosting the meetings.

Article 11

Subcommittees

The terms of reference and the structure of the sub-committees
set up to assist the Interim Committee in carrying out its duties
are set out in the Annex.

The subcommittees shall be composed of representatives of
both Parties. They shall be chaired alternately by the two
Parties, in accordance with Article 1.

The subcommittees shall work under the authority of
the
Interim Committee, to which they shall report after each of
their meetings. They shall not take decisions but may make
recommendations to the Interim Committee.

The Interim Committee may decide to abolish any existing
subcommittee, modify its terms of reference or establish new
subcommittees to assist it in carrying out its duties.

Done at Brussels, 22 January 2008.

For the Interim Committee
The Chairman

P. MIREL

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TERMS OF REFERENCE AND STRUCTURE OF THE EC-MONTENEGRO SUBCOMMITTEES

ANNEX

1. Composition and chairmanship

In accordance with the second paragraph of Article 11, of the Rules of Procedure, the subcommittees shall be
composed of representatives of the European Commission and representatives of the Government of Montenegro.
They shall be chaired alternately by the two Parties, in accordance with Article 1 of the Rules of Procedure. The
Member States shall be informed about the subcommittees meetings.

2. Secretariat

An official of the European Commission and an official of the Government of Montenegro shall act jointly as
secretaries of each of the subcommittees.

All communications concerning the subcommittees shall be forwarded to the secretaries of the relevant subcom-
mittees.

3. Meetings

The subcommittees shall meet regularly once a year, and whenever circumstances require, with the agreement of both
Parties. Each meeting of a subcommittee shall be held at a time and place agreed by both Parties.

If both Parties agree, the subcommittees may invite experts to their meetings to provide the specific information
requested.

4. Subject matters

The subcommittees shall discuss issues in accordance with the multidisciplinary subcommittee structure described in
point 7. Implementation of the Interim Agreement and the European Partnership, preparation for implementation of
the Stabilisation and Association Agreement, and progress regarding the approximation, implementation and enfor-
cement of legislation shall be assessed in all relevant fields. The subcommittees shall examine any problems that may
arise in their relevant sectors and suggest possible steps to be taken.

The subcommittees shall also serve as fora for the further clarification of the acquis communautaire, and shall review
progress made by Montenegro in conforming to the acquis in line with commitments made in the Interim Agreement.

5. Minutes

Draft minutes of each subcommittee meeting shall be established within the two months following the meeting. Once
agreed by both Parties, a copy of the minutes shall be forwarded by the secretaries of the subcommittee to the
secretaries of the Interim Committee.

6. Publicity

Unless otherwise decided, the meetings of the subcommittees shall not be public.

7. Subcommittees structure

(1) Subcommittee on Trade, Industry, Customs, Taxation and Cooperation with other candidate countries (Articles 3,

4 to 8, 19 to 33, 42 and 53 of the Interim Agreement),

(2) Subcommittee on Agriculture and Fisheries (Articles 9, 11(2)(3), 10, 13, 12(2), 14, 15 and 18 of the Interim

Agreement),

(3) Subcommittee on Internal Market and Competition (Articles 36, 37, 38 with Protocol 4, 39, 40 and 41 of the

Interim Agreement),

(4) Subcommittee on Economic and Financial

Issues and Statistics (Articles 35 and 38(7)(b) of

the Interim

Agreement),

(5) Subcommittee on Transport (Article 34 of the Interim Agreement).