Proposal for a Council Decision on a Community Position concerning the Rules of Procedure of the Joint CARIFORUM-EC Council, the Trade and Development Committee and the Special Committees provided for by the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part
Date: 2009-02-17
Institutions: European Commission
Subjects: ACP countries, European Community, comitology, cooperation agreement, development aid, economic cooperation, rules of procedure

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 17.2.2009 
COM(2009) 61 final 

Proposal for a 

COUNCIL DECISION 

on a Community Position concerning the Rules of Procedure of the Joint 
CARIFORUM-EC Council, the Trade and Development Committee and the Special 
Committees provided for by the Economic Partnership Agreement between the 
CARIFORUM States, of the one part, and the European Community and its Member 
States, of the other part 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The Economic Partnership Agreement between the CARIFORUM States, of the one part, and 
the European Community and its Member States, of the other part was signed on 15 October 
2008, and it is provisionally applied as of 29 December 2008. 

Article 227 of the Agreement establishes a Joint Council, which will examine any major issues 
arising  within  the  framework  of  the  Agreement  and  any  other  bilateral,  multilateral  or 
international issue of mutual interest. The Joint Council will be assisted in the performance of 
its duties by a Trade and Development Committee and by Special Committees, as referred to 
in  Articles  36,  and  230  of  the  Agreement.  The  Trade  and  Development  Committee  will  be 
responsible for general implementation of the Agreement. 

Articles 228 and 230 of the Agreement specify that the Joint Council must establish its own 
Rules of Procedure and those of the Trade and Development Committee. In the light of the 
need to ensure the rapid start of the implementation of the Agreement the Rules of Procedure 
of the Joint Council, of the Trade and Development Committee and the Special Committees 
are to be adopted at the first meeting of the Joint Council scheduled to take place on …. 

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Proposal for a 

COUNCIL DECISION 

on a Community Position concerning the Rules of Procedure of the Joint 
CARIFORUM-EC Council, the Trade and Development Committee and the Special 
Committees provided for by the Economic Partnership Agreement between the 
CARIFORUM States, of the one part, and the European Community and its Member 
States, of the other part 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard for the Council Decision on signature and provisional application of Economic 
Partnership Agreement between the CARIFORUM States, of the one part, and the European 
Community and its Member States, of the other part1, 

Having regard to Council conclusions on regional integration and the Economic Partnership 
Agreements for the development in the ACP countries2, 

Having regard to the proposal from the Commission3, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

1 
2 
3 

The  Economic  Partnership  Agreement  between  the  CARIFORUM  States,  of  the  one 
part,  and  the  European  Community  and  its  Member  States,  of  the  other  part,  was 
signed on 15 October 2008, and is provisionally applied as of 29 December 2008. 

Article  227  of  the  said  Agreement  establishes  a  Joint  CARIFORUM-EC  Council, 
which will examine any major issues arising within the framework of the Agreement 
and any other bilateral, multilateral or international issue of mutual interest. 

Article  230  of  the  said  Agreement  establishes  a  CARIFORUM-EC  Trade  and 
Development Committee, which will assist the Joint Council in the performance of its 
duties and be responsible for general implementation of the Agreement. 

Article 230 (4) provides that the Trade and Development Committee may be assisted 
in the performance of its functions by the Special Committees. 

Article  36  of  the  said  Agreement  establishes  a  Special  Committee  on  Customs 
Cooperation and Trade Facilitation. 

OJ L289, 30 October 2008. 
GAERC, 10 November 2008. 
OJ 

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(6) 

Articles 228(3) and 230(2) of the said Agreement provide that the Joint Council must 
adopt  its  Rules  of  Procedure  and  establish  those  of  the  Trade  and  Development 
Committee,  and  it  is  further  appropriate  for  the  Joint  Council  to  use  its  decision-
making  powers  provided  for  in  Article  229  (1)  of  the  Agreement  in  respect  of  all 
matters  covered  by  the  Agreement,  to  establish  Rules  of  Procedures  for  Special 
Committees. 

(7) 

The Community should determine the position to be taken with regard to the adoption 
of  the  Rules  of  Procedure  for  the  Joint  Council,  the  Trade  and  Development 
Committee and the Special Committees, 

HAS DECIDED AS FOLLOWS: 

Sole Article 

The position of the Community in view of the adoption of a decision by the Agreement's Joint 
Council  on  the  Rules  of  Procedure  for  the  Joint  CARIFORUM-EC  Council,  the 
CARIFORUM-EC Trade and Development Committee and the Special Committees provided 
for  by  the  Economic  Partnership  Agreement  between  the  CARIFORUM  States,  of  the  one 
part, and the European Community and its Member States, of the other part, shall be based on 
the draft decision of the Joint Council annexed to this Decision. 

Done at Brussels,  

For the Council 
The President 

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ANNEX 

DECISION No …/2009 OF THE JOINT COUNCIL 
set up by the Economic Partnership Agreement between the CARIFORUM States, of 
the one part, and the European Community and its Member States, of the other part 
concerning the adoption of the Rules of Procedure of the Joint Council, the Trade and 
Development Committee and the Special Committees 

THE JOINT CARIFORUM-EC COUNCIL, 

Having regard to the Economic Partnership Agreement between the CARIFORUM States, of 
the  one  part,  and  the  European  Community  and  its  Member  States,  of  the  other  part 
(hereinafter referred to as the “Agreement”), signed in Bridgetown, Barbados on 15 October 
2008, and in particular Articles 227, 228 (3), 229 (1) and 230 (2) thereof, 

Whereas: 

(1) 

(2) 

The Agreement provides that the Joint Council must adopt its Rules of Procedure and 
establish those of the Trade and Development Committee. 

The Joint Council and the Trade and Development Committee will be assisted in the 
performance of their duties by the Special Committee on Customs Cooperation and 
Trade  Facilitation,  which  is  established  in  accordance  with  Article  36  of  the 
Agreement, and by Special Committees which may be established pursuant to Article 
230(4) of the Agreement. It is further appropriate to establish Rules of Procedure for 
these Special Committees. 

HAS DECIDED AS FOLLOWS: 

The Rules of Procedure of the Joint CARIFORUM-EC Council and of the CARIFORUM-EC 
Trade and Development Committee are established as set out in Annex I and II respectively. 

Article 1 

Article 2 

1. 

2. 

The  Rules  of  Procedure  set  out  in  Annex  III  shall  be  applicable  to  the  Special 
Committee  on  Customs  Cooperation  and  Trade  Facilitation  as  well  as  to  any  other 
Special  Committee  which  may  be  established  pursuant  to  Article  230(4)  of  the 
Agreement. 

These Rules are without prejudice to any special rules provided for in the Agreement 
or which may be decided by the Joint CARIFORUM-EC Council. 

This Decision shall enter into force on …. 

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Done at, 

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ANNEX I 

RULES OF PROCEDURE OF THE JOINT CARIFORUM-EC COUNCIL 

set up by the Economic Partnership Agreement between the CARIFORUM States, of the 
one part, and the European Community and its Member States, of the other part 

1. 

2. 

3. 

1. 

2. 

Article 1 

Composition and Chair 

The Joint CARIFORUM-EC Council (hereinafter referred to as the "Joint Council") 
is composed as provided for in Article 228 (1) of the Agreement. 

The  representative  of  the  CARIFORUM  States  acting  collectively,  provided  for  in 
Article 228 (2) of the Agreement, is referred to as the "CARIFORUM Coordinator", 
and the reference to "the Parties" in the Rules of Procedure is in accordance with the 
definition provided for in Article 233 (3) of the Agreement.  

The  Joint  Council  shall  be  chaired  alternately  for  periods  of  12  months  by  a 
representative  of  the  Council  of  the  European  Union  and  a  representative  of  the 
European  Commission,  and  by  a  representative  of  the  CARIFORUM  States  at 
Ministerial  or  Head  of  Government  level.  The  first  Chair  period  shall  begin  on  the 
date  of  the  first  meeting  of  the  Joint  Council  of  the  Agreement  and  end  on  31 
December of the following year. The Chair shall be held first by a representative of 
the CARIFORUM States. 

Article 2 

Representation 

The members of the Joint Council may be represented by an alternate representative 
if the designated representative is unable to attend. 

A  member  wishing  to  be  represented  by  an  alternate  representative  shall  notify  the 
Chair  of  the  Joint  Council  of  the  name  of  his  or  her  alternate  representative  before 
the meeting at which he or she is to be so represented. The alternate representative of 
a member of the Joint Council shall exercise all the rights of that member. 

Article 3 

Observers 

1. 

The Caribbean Regional Negotiating Machinery, the CARICOM Secretariat and the 
Organisation  of  Eastern  Caribbean  States  Secretariat  shall  be  observers  on  a 
permanent basis.  

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2. 

3. 

1. 

2. 

3. 

The Parties may decide to invite additional observers on an ad hoc basis.  

The  Parties  may  decide  to  invite  representatives  of  the  CARIFORUM-EC 
Parliamentary  Committee  and  of  the  CARIFORUM-EC  Consultative  Committee  to 
inform the Joint Council of the work undertaken in the respective Committees.  

Article 4 

Meetings 

The  Joint  Council  shall  meet  at  regular  intervals,  not  exceeding  a  period  of  two 
years, and will hold extraordinary meetings whenever circumstances so require, if the 
Parties so agree. 

Each  session  of  the  Joint  Council  shall  be  held  at  a  date  and  place  agreed  by  both 
Parties. 

The  meetings  of  the  Joint  Council  shall  be  convened  by  the  Secretary  of  the  Joint 
Council. 

Article 5 

Delegations 

The members of the Joint Council may be accompanied by officials. Before each meeting, the 
Chair of the Joint Council shall be informed of the intended composition of the delegations of 
the Signatory CARIFORUM States and of the EC Party. 

Article 6 

Secretariat 

Officials  of  the  General  Secretariat  of  the  Council  of  the  European  Union  and  of  a 
CARIFORUM State shall act alternatively for periods of 12 months as Secretary of the Joint 
Council.  These  periods  shall  coincide  with  the  holding  of  the  Chair  by  respectively  the  EC 
Party and the CARIFORUM States. 

Article 7 

Documents 

Where the deliberations of the Joint Council are based on written supporting documents, such 
documents  shall  be  numbered  and  circulated  as  documents  of  the  Joint  Council  by  the 
Secretary. 

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Article 8 

Correspondence 

All correspondence addressed to the Joint Council shall be directed to the Secretary 
of the Joint Council. 

The  Secretary  shall  ensure  that  correspondence  addressed  to  the  Joint  Council  is 
forwarded  to  the  Chair  of  the  Council  and,  where  appropriate,  circulated  as 
documents referred to in Article 7 of these Rules of Procedure to the other members 
of  the  Joint  Council.  Correspondence  circulated  shall  be  sent  to  the  Secretariat-
General of the European Commission, the Permanent Representations of the Member 
States  of  the  European  Union  in  Brussels and  to the CARIFORUM  Coordinator, as 
well  as  to  the  Coordinators  of  each  Signatory  CARIFORUM  States  provided  for 
under article 234(1) of the Agreement. 

Correspondence from the Chair of the Joint Council shall be sent to the recipients by 
the Secretary and, where appropriate, circulated as documents referred to in Article 7 
of  these  Rules  of  Procedure  to  the  other  members  of  the  Joint  Council  at  the 
addressees provided for in paragraph 2. 

Article 9 

Agenda for the meetings 

A  provisional  agenda  for  each  meeting  shall  be  drawn  up  by  the  Secretary  of  the 
Joint  Council  on  the  basis  of  proposals  made  by  the  Parties  and  the  Signatory 
CARIFORUM States. It shall be forwarded by the Secretary of the Joint Council to 
the  addressees  referred  to  in  Article  8  paragraph  2  of  these  Rules  of  Procedure  no 
later than 15 days before the beginning of the meeting. 

The  provisional  agenda  shall include  the  items  for  which  a  request  for  inclusion  in 
the  agenda  has  been  received  by  the  Secretary  no  later  than  21  days  before  the 
beginning of the meeting, although such items will not be included in the provisional 
agenda  unless  the  relevant  supporting  documents  have  been  received  by  the 
Secretary no later than the date of dispatch of the provisional agenda. 

The agenda shall be adopted by the Joint 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. 

The Chair of the Joint Council, in agreement with the Parties, may invite experts to 
attend its meetings in order to provide information on specific subjects. 

With  the  agreement  of  the  Parties,  the  Secretary  may  abridge  the  time  limits 
specified in paragraph 1 in order to take account of the requirements of a particular 
case. 

1. 

2. 

3. 

1. 

2. 

3. 

4. 

5. 

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Article 10 

Minutes 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

4. 

Draft  minutes  of  each  meeting  shall  be  drawn  up  by  the  Secretary  as  soon  as 
possible. 

The minutes shall, as a general rule, summarize each item on the agenda, specifying 
where applicable: 

(a) 

all documents submitted to the Joint Council, 

(b) 

any statement that a member of the Joint Council has asked to be entered, 

(c) 

the  decisions  taken,  recommendations  made,  statements  agreed  upon  and 
conclusions adopted on specific items. 

The  minutes  shall  also  include  a  list  of  members  of  the  Joint  Council  or  their 
representatives  who  took  part  in  the  meeting,  and  a  list  of  the  members  of  the 
delegations accompanying them. 

The minutes shall be approved in writing by both Parties within three months of the 
date of the meeting. Once approved, two copies of the minutes shall be signed by the 
Secretary  and  each  of  the  Parties  shall  receive  one  original  of  these  authentic 
documents.  Copies  of  the  signed  minutes  shall  be  forwarded  to  each  of  the 
addressees referred to in Article 8 paragraph 2 of these Rules of Procedure. 

Article 11 

Decisions and recommendations 

The  Joint  Council  shall  adopt  decisions  and  recommendations  by  agreement  as 
provided for in Article 229 of the Agreement. 

The Joint Council may decide to submit any general matter of an all ACP-EC interest 
arising under the CARIFORUM EPA to the ACP-EC Council of Ministers as defined 
in Article 15 of the Cotonou Agreement. 

In  the  period  between  meetings,  the  Joint  Council  may  adopt  decisions  or 
recommendations by written procedure if both Parties so agree. A written procedure 
shall  consist  of  an  exchange  of  notes  between  the  Parties.  The  CARIFORUM 
Coordinator  shall  have  the  power  to  exchange  such  notes  and  to  confirm  the 
agreement of the Signatory CARIFORUM States on any decision, after receiving the 
individual  Signatory  CARIFORUM  States  confirmation  of  their  agreement  on  any 
decision, as necessary.  

Decisions and recommendations of the Joint Council within the meaning of Article 
229  of  the  Agreement  shall  be  entitled  "Decision"  and  "Recommendation" 
respectively,  and  followed  by  a  serial  number,  the  date  of  their  adoption  and  a 

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5. 

6. 

1. 

2. 

1. 

2. 

1. 

2. 

3. 

description of their subject. Each decision shall provide for the date of its entry into 
force. 

Decisions and recommendations adopted by the Joint Council shall be authenticated 
by a representative of the European Commission on behalf of the EC Party, and by 
the CARIFORUM Coordinator on behalf of the CARIFORUM States. 

Decisions  and  recommendations  shall  be  forwarded  to  each  of  the  addressees 
referred  to  in  Article  8  (2)  of  these  Rules  of  Procedure  as  documents  of  the  Joint 
Council. 

Article 12 

Publicity 

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

Each  Party  or  Signatory  CARIFORUM  State  may  decide  on  the  publication  of  the 
decisions  and  recommendations  of  the  Joint  Council  in  its  respective  official 
publication. 

Article 13 

Languages 

The working languages of the Joint Council shall be the official languages common 
to the Parties, namely English, Spanish, French and Dutch. 

its  deliberations  and  adopt  decisions  and 
The  Joint  Council  shall  base 
recommendations on documentation and proposals prepared in one of the languages 
referred to in paragraph 1. 

Article 14 

Expenses 

Each  Party  shall  meet  any  expenses  it  incurs  as  a  result  of  participating  in  the 
meetings  of  the  Joint  Council,  both  with  regard  to  staff,  travel  and  subsistence 
expenditure and with regard to postal and telecommunications expenditure. 

Expenditure  in  connection  with  the  organisation  of  meetings  and  reproduction  of 
documents shall be borne by the Party hosting the meeting. 

Expenditure  in  connection  with  the  provision  of  interpretation  services  at  meetings, 
and  translation  of  documents  into  or  from  any  of  the  working  languages  of  the 
Council,  shall  be  borne  by  the  Party  hosting  the  meeting.  Expenditure  associated 
with  the  provision  of  interpretation  services  and  translation  of  documents  into  or 

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from other official languages of the European Union (EU) shall be borne by the EC 
Party. 

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ANNEX II 

RULES OF PROCEDURE OF THE TRADE AND DEVELOPMENT COMMITTEE 

set up by the Economic Partnership Agreement between the CARIFORUM States, of the 
one part, and the European Community and its Member States, of the other part 

Article 1 

Composition and Chair 

1. 

2. 

3. 

4 

5. 

The  CARIFORUM-EC  Trade  and  Development  Committee  (hereinafter  referred  to 
as the Trade and Development Committee) is established in accordance with Article 
230  of  the  Agreement  for  the  purposes  of  assisting  the  Joint  Council  in  the 
performance  of  its  duties  and  of  taking  on  the  responsibility  for  the  general 
implementation of the Agreement. 

The Trade and Development Committee shall be chaired alternately for periods of 12 
months by senior officials of the European Commission, on behalf of the European 
Community  and  its  Member  States,  and  by  senior  officials  of  the  CARIFORUM 
States on their behalf. The first Chair period shall coincide with the first Chair period 
of the Joint Council. For that period and thereafter for each twelve-month period, the 
Trade and Development Committee shall be chaired by the Party holding the Chair in 
the  Joint  Council.  The  Chair  shall  be  held  first  by  a  representative  of  the 
CARIFORUM States.  

As  provided  for  in  Article  230  (1)  of  the  Agreement,  the  Trade  and  Development 
Committee  shall  be  composed  of  representatives  of  the  members  of  the  Council  of 
the  European  Union  and  representatives  of  the  European  Commission,  on  the  one 
hand,  and  of  representatives  of  the  Signatory  CARIFORUM  States,  on  the  other, 
normally at senior officials level. The CARIFORUM Coordinator and the Signatory 
CARIFORUM  States  Coordinators  shall  each  nominate  a  Deputy  Coordinator  who 
shall  attend  the  meetings  of  the  Trade  and  Development  Committee.  The 
CARIFORUM  Deputy  Coordinator  shall  act  on  behalf  of  the  CARIFORUM  States 
and  present  their  position  on  all  matters  under  the  Agreement  for  which  they  have 
agreed to act collectively. 

The Caribbean Regional Negotiating Machinery, the CARICOM Secretariat and the 
Organisation  of  Eastern  Caribbean  States  Secretariat  shall  be  observers  on  a 
permanent  basis.  The  Parties  may  decide  to  invite  additional  observers,  including 
representatives  of  the  CARIFORUM-EC  Parliamentary  Committee  and  of  the 
CARIFORUM-EC Consultative Committee, on an ad hoc basis. 

In addition to performing the specific tasks conferred upon it by the Agreement, the 
Trade and Development Committee shall prepare the  meetings and deliberations of 
the Joint Council, monitor implementation of the decisions and recommendations of 
the Joint Council where appropriate and, in general, ensure continuity of the proper 
functioning of the Agreement. It shall consider any matter referred to it by the Joint 

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Council  as  well  as  any  other  matter  which  may  arise  in  the  course  of  day-to-day 
implementation of the Agreement. 

In  cases  where  the  Agreement  refers  to  possible  consultations,  such  consultations 
may  take  place  within  the  Trade  and  Development  Committee.  The  consultations 
may  continue  in  the  Joint  Council  if  the  Parties  so  agree,  except  where  otherwise 
provided for in the Agreement. 

Article 2 

Meetings 

The  Trade  and  Development  Committee  shall  meet  once  a  year  or  when 
circumstances  so  require,  with  the  agreement  of  both  Parties.  If  both  Parties  agree, 
the  meetings  of  the  Trade  and  Development  Committee  may  be  held  by  video  or 
teleconference. 

Each  meeting  of  the  Trade  and  Development  Committee  shall  be  convened  by  the 
Secretary at a date and place agreed by both Parties. 

6. 

1. 

2. 

Article 3 

Delegations 

Before each meeting, the Chair of the Trade and Development Committee shall be informed 
of the intended composition of the delegations attending the meeting. 

Article 4 

Secretariat 

1. 

2. 

Officials  of  the  European  Commission  and  of  a  CARIFORUM  State  shall  act 
alternatively  for  periods  of  12  months  as  Secretary  of  the  Trade  and  Development 
Committee.  These  periods  shall  coincide  with  the  holding  of  the  Chair  by 
respectively the European Commission and the CARIFORUM States. 

All  correspondence  with  the  Chair  of  the  Trade  and  Development  Committee 
provided for in these Rules of Procedure shall be forwarded to the Secretary of the 
Trade  and  Development  Committee  and  the  Secretary  and  the  Chair  of  the  Joint 
Council  and,  where  appropriate,  to  the  members  of  the  Joint  Council  or  the  Trade 
and Development Committee. 

Article 5 

Publicity 

Unless otherwise decided, the meetings  of the Trade and Development Committee shall not 
be public. 

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1. 

2. 

3. 

4. 

5. 

1. 

2. 

3. 

4. 

Article 6 

Agenda for the meetings 

A  provisional  agenda  for  each  meeting  shall  be  drawn  up  by  the  Secretary  of  the 
Trade and Development Committee. It shall be forwarded to the Chair and Secretary 
of  the  Joint  Council  as  well  as  to  the  members  of  the  Trade  and  Development 
Committee no later than 15 days before the beginning of the meeting. 

The provisional agenda shall include items in respect of which the Chair has received 
a request for inclusion in the agenda no later than 21 days before the beginning of the 
meeting,  although  such  items  may  not  be  included  in  the  provisional  agenda  unless 
the supporting documents have been received by the Secretary no later than the date 
of dispatch of the provisional agenda. 

The  agenda  shall  be  adopted  by  the  Trade  and  Development  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 Chair of the Trade and Development Committee in agreement with the Parties 
may invite experts to attend its meetings in order to provide information on specific 
subjects. 

The Chair may, in agreement with the two Parties, abridge the time periods specified 
in  paragraphs  1  and  2  in  order  to  take  account  of  the  requirements  of  a  particular 
case. 

Article 7 

Minutes 

Draft  minutes  of  each  meeting  shall  be  drawn  up  by  the  Secretary  as  soon  as 
possible. 

The minutes shall, as a general rule, indicate in respect of each item on the agenda: 

(a) 

the documents submitted to the Trade and Development Committee, 

(b) 

(c) 

any  statement  that  a  member  of  the  Trade  and  Development  Committee  has 
asked to be entered, 

the  decisions  taken,  recommendations  made,  statements  agreed  upon  and 
conclusions adopted on specific items. 

The  minutes  shall  also  include  a  list  of  members  of  the  Trade  and  Development 
Committee or their representatives who took part in the meeting. 

The minutes shall be approved in writing by the Deputy CARIFORUM Coordinator 
and  the  senior  European  Commission  official(s)  who  participated  in  the  meeting 
within  two  months  of  the  date  of  the  meeting.  Once  approved,  two  copies  of  the 
minutes  shall  be  signed  by  the  Secretary  and  each  of  the  Parties  shall  receive  one 

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original  of  these  authentic  documents.  Copies  of  the  signed  minutes  shall  be 
forwarded to the Chair and the Secretary of the Joint Council and to the members of 
the Trade and Development Committee. 

Article 8 

Decisions and Recommendations 

Where the Trade and Development Committee is empowered under the Agreement 
to  adopt  decisions  or  recommendations,  such  acts  shall  be  entitled  "Decision"  or 
"Recommendation" respectively,  and followed by a serial number, the date of their 
adoption and a description of their subject. Each decision shall provide for the date of 
its entry into force. 

Whenever  the  Trade  and  Development  Committee  takes  a  decision,  Articles  10,  11 
and 12 of the Rules of Procedure of the Joint Council shall apply mutatis mutandis. 

Decisions  and  recommendations  of  the  Trade  and  Development  Committee  shall  be 
forwarded to the addressees referred to in Article 4 of these Rules of Procedure. 

Article 9 

Languages 

The  working  languages  of  the  Trade  and  Development  Committee  shall  be  the 
official  languages  common  to  the  Parties  namely  English,  Spanish,  French  and 
Dutch. 

The  Trade  and  Development  Committee  shall  base  its  deliberations  and  adopt 
decisions and recommendations on documentation and proposals prepared in one of 
the languages referred to in paragraph 1. 

Article 10 

Expenses 

Each  Party  shall  meet  any  expenses  it  incurs  as  a  result  of  participating  in  the 
meetings of the Trade and Development Committee, both with regard to staff, travel 
and  subsistence  expenditure  and  with  regard  to  postal  and  telecommunications 
expenditure. 

Expenditure  in  connection  with  the  organisation  of  meetings  and  reproduction  of 
documents shall be borne by the Party hosting the meeting. 

Expenditure  in  connection  with  the  provision  of  interpretation  services  at  meetings 
and  translation  of  documents  into  or  from  any  of  the  working  languages  of  the 
Committee  shall  be  borne  by  the  Party  hosting  the  meeting.  The  expenditure 
associated with the provision of interpretation services and translation of documents 
into or from the other official languages of the EU shall be borne by the EC Party. 

1. 

2. 

3. 

1. 

2. 

1. 

2. 

3. 

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ANNEX III 

RULES OF PROCEDURE OF THE SPECIAL COMMITTEES 

set up by the Economic Partnership Agreement between the CARIFORUM States, of the 
one part, and the European Community and its Member States, of the other part 

Article 1 

Composition and Chair 

1. 

2. 

Unless  otherwise  specified  in  the  Agreement  or  agreed  by  the  Trade  and 
Development Committee, a Special Committee shall be composed of representatives 
of the European Commission and representatives of the members of the Council of 
the  European  Union,  on  the  one  hand,  and  of  representatives  of  the  Signatory 
CARIFORUM States, on the other, and its meetings shall be chaired alternately by 
an official of the European Commission and by an official of a CARIFORUM State. 
The  CARIFORUM  States  shall  mandate  one  of their representatives to act on their 
behalf and present their position on all matters under this Agreement for which they 
have  agreed  to  act  collectively.  Such  representative  shall  be  referred  to  as  the 
CARIFORUM Representative. 

The Caribbean Regional Negotiating Machinery, the CARICOM Secretariat and the 
Organisation  of  Eastern  Caribbean  States  Secretariat  shall  be  observers  on  a 
permanent basis. The Parties may decide to invite additional observers on an ad hoc 
basis. 

Article 2 

Meetings 

Unless otherwise specified in the Agreement, a Special Committee shall meet upon request of 
either Party at a date and place agreed in advance between the Parties. 

Article 3 

Delegations 

Before  each  meeting,  the  Chair  of  a  Special  Committee  shall  be  informed  of  the  intended 
composition of the delegations attending the meeting. 

Article 4 

Secretariat 

1. 

Officials  of  the  European  Commission  and  of  a  CARIFORUM  State  shall  act 
alternatively for periods of 12 months as Secretary of the Special Committees. These 

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periods  shall  coincide  with  the  holding  of  the  Chair  by  respectively  the  European 
Commission and the CARIFORUM States. 

2. 

All correspondence with the Chair of a Special Committee shall be forwarded to the 
Secretary of that Special Committee and to the Secretary and the Chair of the Trade 
and  Development  Committee  and,  where  appropriate,  to  the  members  of  such 
Committee. 

Article 5 

Documents 

Where the deliberations of a Special Committee are based on written supporting documents, 
such documents shall be numbered and circulated as documents of that Special Committee by 
the Secretary. 

Article 6 

Publicity 

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

Article 7 

Agenda for the meetings 

1. 

2. 

3. 

A  provisional  agenda  for  each  meeting  shall  be  drawn  up  by  the  Secretary  of  the 
Special  Committee  no  later  than  30  days  before  the  meeting,  together  with  the 
supporting  documents.  The  agenda  shall  be  forwarded  to  the  Chair,  Secretary  and 
members of the Trade and Development Committee no later than 15 days before the 
beginning of the meeting. The agenda shall be adopted by the Special Committee at 
the  beginning  of  each  meeting.  Items  not  on  the  provisional  agenda  may  be  added 
with the agreement of both Parties. 

With  the  agreement  of  the  Parties  the  time  limits  specified  in  paragraph  1  may  be 
abridged in order to take account of the requirements of a particular case. 

The Chair of a Special Committee in agreement with the Parties may invite experts 
to attend its meetings in order to provide information on particular subjects. 

Article 8 

Minutes 

1. 

Draft minutes of each meeting shall be drawn up by the Secretary directly after the 
meeting. 

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2. 

The minutes shall, as a general rule, indicate in respect of each item on the agenda: 

(a) 

the documents submitted to the Special Committee, 

(b) 

(c) 

any  statements  that  a  member  of  the  Special  Committee  has  asked  to  be 
entered, 

the  decisions  taken,  recommendations  made,  statements  agreed  upon  and 
conclusions adopted on specific items. 

The minutes shall also include a list of members of the Special Committee or their 
representatives who took part in the meeting. 

The minutes shall be approved in writing by the CARIFORUM Representative and 
the European Commission official who participated in the meeting within one month 
of the date of the meeting. Once approved, two copies of the minutes shall be signed 
by the Secretary and each of the Parties shall receive one original of these authentic 
documents.  Copies  of  the  signed  minutes  shall  be  forwarded  to  the  Chair,  the 
members and the Secretary of the Trade and Development Committee. 

Article 9 

Decisions and recommendations 

Where a Special Committee is empowered under the Agreement, or under the Joint 
Council  decision  establishing  it,  to  adopt  decisions  or  recommendations,  such  acts 
shall  be  entitled  "Decision"  or  "Recommendation"  respectively,  and  followed  by  a 
serial  number,  the  date  of  their  adoption  and  a  description  of  their  subject.  Each 
decision shall specify the date of its entry into force. 

Whenever a Special Committee makes a recommendation or takes a decision, Articles 
10,  11  and  12  of  the  Rules  of  Procedure  of  the  Joint  Council  shall  apply  mutatis 
mutandis. 

Decisions  and  recommendations  of  Special  Committees  shall  be  forwarded  to  the 
Chair, the members and the Secretary of the Trade and Development Committee.  

Article 10 

Languages 

The  working  languages  of  the  Special  Committees  shall  be  the  official  languages 
common to the Parties namely English, Spanish, French and Dutch. 

The  Special  Committees  shall  base  their  deliberations  and  adopt  decisions  and 
recommendations on documentation and proposals prepared in one of the languages 
referred to in paragraph 1. 

3. 

4. 

1. 

2. 

3. 

1. 

2. 

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Article 11 

Expenses 

1. 

2. 

3. 

Each Party shall each meet any expenses it incurs as a result of participating in the 
meetings of the Special Committees, both with regard to staff, travel and subsistence 
expenditure and with regard to postal and telecommunications expenditure. 

Expenditure  in  connection  with  the  organisation  of  meetings  and  reproduction  of 
documents shall be borne by the Party hosting the meetings. 

Expenditure  in  connection  with  the  provision  of  interpretation  services  at  meetings 
and  the  translation  of  documents  into  or  from  any  of  the  working  languages  of  the 
Special Committee shall be borne by the Party hosting the meeting. Expenditure in 
connection with the provision of interpretation services and translation of documents 
into or from the other official languages of the EU shall be borne by the EC Party. 

Article 12 

Reporting 

The Special Committees shall report to the Trade and Development Committee. 

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LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS HAVING A 
BUDGETARY IMPACT EXCLUSIVELY LIMITED TO THE REVENUE SIDE 

1. 

NAME OF THE PROPOSAL: 

Council Decision on a Community Position concerning the Rules of Procedure of the 
Joint  CARIFORUM-EC  Council,  the  CARIFORUM-EC  Trade  and  Development 
Committee  and  the  Special  Committees  provided  for  by  the  Economic  Partnership 
Agreement  between  the  CARIFORUM  States,  of  the  one  part,  and  the  European 
Community and its Member States, of the other part. 

2. 

BUDGET LINES: 

Chapter  and  Article:  Administrative  resources  of  the  Commission  to  cover 
interpretation and venue costs. 

Amount  budgeted  for  the  year  concerned:  In  case  of  unforeseen  needs,  resources 
could be drawn from the following budget lines:  

20.02.01  –  External  trade  relations,  including  access  to  the  markets  of  non-
Community countries 

20.01.02.11.00.02.40 – Réunions ne comportant que les personnes de la Commission 
(internes)/Conférences 

3. 

FINANCIAL IMPACT  

X 

Proposal has no financial implications 

(cid:133) 

Proposal has no financial impact on expenditure but has a financial impact on 
revenue – the effect is as follows: 

(€ million to one decimal place)  

4. 

5. 

ANTI-FRAUD MEASURES 

OTHER REMARKS 

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