Proposal for a Council Decision on a Community Position concerning the participation in the Cariforum-EC Consultative Committee 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 and on the selection of the representatives of organizations located in the EC Party
Date: 2009-03-03
Institutions: Council of the European Union
Subjects: ACP countries, European Community, cooperation agreement, development aid, economic cooperation

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 3.3.2009 
COM(2009) 97 final 

Proposal for a 

COUNCIL DECISION 

on a Community Position concerning the participation in the CARIFORUM-EC 
Consultative Committee 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 and on the selection of the representatives of 
organizations located in the EC Party 

(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. The Agreement enshrines, in its 
Article  5,  monitoring  as  one  of  the  key  elements  in  the  Partnership  for  Sustainable 
Development which the Agreement establishes. In addition, the institutional chapter contains 
specific provisions on monitoring, thus contributing to the effective implementation of such 
activity.  A  particularly  important  role  will  be  played  by  the  CARIFORUM-EC  Consultative 
Committee provided for by article 232 of the Agreement. The Council is called to decide on 
EC participation in the Consultative Committee, with a view to ensuring a broad representation 
of all interested parties. In this regard the European Economic and Social Committee (EESC) 
is  willing  to  be  instrumental  in  the  selection  of  European  representatives  to  the 
CARIFORUM-EC Consultative Committee, and to ensure the secretariat of that Committee in 
the light of its considerable experience in coordinating joint bodies of a similar nature, and the 
fact that the EESC already conducts a regular dialogue with counterparts in ACP countries. 

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Proposal for a 

COUNCIL DECISION 

on a Community Position concerning the participation in the CARIFORUM-EC 
Consultative Committee 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 and on the selection of the representatives of 
organizations located in the EC Party 

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 to the proposal from the Commission1, 

Having consulted the European Economic and Social Committee, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

The  Economic  Partnership  Agreement  between  the  CARIFORUM  States,  of  the  one 
part,  and  the  European  Community  and  its  Member  States,  of  the  other  part2,  was 
signed on 15 October 2008, and is provisionally applied as of 29 December 2008.  

Article  232(2)  of  the  Agreement  provides  for  its  Joint  Council  to  decide  on  the 
participation  in  the  CARIFORUM-EC  Consultative  Committee,  with  a  views  to 
ensuring a broad representation of all interested parties.  

It  is  crucial  to  ensure  the  rapid  set  up  of  the  institutions  provided  for  by  the 
Agreement,  and  in  particular  the  CARIFORUM-EC  Consultative  Committee,  in  the 
light of its role in monitoring the implementation of the Agreement. 

An internal Community procedure should be established for selecting representatives 
of organizations located in the EC Party. 

The European Economic and Social Committee has expressed its willingness to assist 
in  identifying  and  selecting  European  civil  society  organisations  representatives,  and 
for holding initially the Consultative Committee secretariat, 

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OJ 
OJ L 289, 30.10.2008, p.3 

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HAS DECIDED AS FOLLOWS: 

Article 1 

The position of the Community in view of the adoption of a Decision of the Agreement's Joint 
Council leading to the selection of standing members of the CARIFORUM-EC Consultative 
Committee (hereafter "the Committee") 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 in 
Annex to this Decision (hereafter "the Annex"). 

1. 

2. 

3. 

4. 

Article 2 

Representatives of the European organizations defined in article 1.1(a) of the Annex 
shall be proposed by the European Economic and Social Committee in consultation 
with the Commission for approval by the CARIFORUM-EC Trade and Development 
Committee. 

The European Economic and Social Committee shall be asked to establish rosters of 
the  organizations  defined  in  article  1.1(b)  and  1.1(c)  of  the  Annex.  This  shall  be 
effected by widely publicizing a call for expression of interest to be included in such 
roster. In replying to such call any interested organization shall describe how it fulfils 
the requirements set out in article 1 of the Annex. The rosters shall remain open for 
any  organization  fulfilling  the  requirements  of  that  provision  to  be  included. 
Organisations included in the rosters will be kept especially informed of the working 
of the Committee.  

In the call for expression of interest, organizations shall also be invited to express an 
interest  in  one  of  their  representatives  to  serve  as  a  standing  member  of  the 
Committee. The Organisations included in the rosters will be subsequently called to 
endorse  the  candidature  of  up  to  two  standing  representatives  for  the  Committee, 
among  those  having  expressed  such  interest.  The  EC  party  shall  propose  to  the 
CARIFORUM-EC  Trade  and  Development  Committee  as  standing  members  for 
categories  1.1(b)  and  1.1(c) 
received  more 
endorsements.  

representatives  having 

those 

A call for expression of interest to serve as standing members of the Committee shall 
be launched four months before the expiry of the mandate of the members serving in 
the  Committee.  The  designation  shall  follow  the  same  procedures  set  out  in 
paragraph 3. 

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 participation in the 
CARIFORUM-EC Consultative Committee  

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 Article 232 (2) thereof, 

Whereas  

In the light of the objectives laid down under Article 1 of the Agreement, and the commitment 
to  its  monitoring  provided  for  in  its  Article  5,  it  is  appropriate  to  set  up  expeditiously  the 
CARIFORUM-EC Consultative Committee, 

HAS DECIDED AS FOLLOWS: 

Article 1 

1. 

Participation  in  the  CARIFORUM-EC  Consultative  Committee  (hereafter  "the 
Committee")  shall  be  made  up  of  […]  standing  members  in  representation  of 
organisations  of  the  civil  society,  […]  in  representation  of  organizations  located  in 
the  CARIFORUM  States  and  […]  in  representation  of  organizations  located  in  the 
EC Party.  

Among  each  of  these  two  groups  there  shall  be  at  least  two  representatives  from 
organizations representing respectively:  

(a) 

the social and economic partners,  

(b) 

the academic community, and 

(c) 

non-governmental 

other 
environmental organisations. 

organizations, 

including 

development 

and 

Standing members shall remain in office for two years. Relevant expertise and broad 
geographical and sectoral representation shall be ensured. 

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2. 

3. 

For  the  purpose  of  this  Decision,  organisations  of  civil  society  shall  mean 
associations,  foundations  and  other  private  institutions  which  have  a  non-profit 
making  aim  of  international  utility  and  which  are  able  to  contribute  expert 
information  or  advice  in  matters  covered  by  the  Agreement,  or  which  represent 
important  elements  of  public  opinion  concerned  with  matters  covered  by  the 
Agreement.  This  requirement  may  be  waived  in  the  case  of  academic  institutions 
with a specific expertise on matters covered by the Agreement. 

An  organization  shall  be  deemed  to  be  located  in  the  territory  of  either  the 
CARIFORUM States or of the EC Party if such organisation has its statutory office 
and the central management and control in the territory of the CARIFORUM States 
or the EC Party as the case may be. 

Article 2 

The  CARIFORUM-EC  Trade  and  Development  Committee  shall  expeditiously  discuss  and 
approve the list of standing members proposed by the CARIFORUM States and the EC Party 
respectively, and its renewals.  

Article 3 

Any  organization  fulfilling  the  requirements  of  Article  1  may  attend  the  meetings  of  the 
CARIFORUM-EC Consultative Committee as an observer. However, only standing members 
may receive financial assistance for the discharge of their duties within the Committee. 

Article 4 

The European Economic and Social Committee shall serve as the secretariat of the Committee 
for an initial period ending on 31 December 2010. Such period shall be automatically renewed 
unless  the  Parties  or  the  European  Economic  and  Social  Committee  disagree  with  prior  and 
reasonable advance notification. 

Financing  arrangements  shall  be  established  by 
Development Committee. 

the  CARIFORUM-EC  Trade  and 

Article 5 

Article 6  

This Decision shall enter into force on […] 

Done at […] 2009 

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