Proposal for a Council Decision concerning a Union Position to be adopted in the EU - Serbia Interim Committee on its Rules of Procedure including the Terms of Reference and Structure of the EU-Serbia sub-committees
Date: 2010-02-03
Institutions: European Commission
Subjects: Serbia, committee (EU), cooperation agreement (EU), interim agreement (EU), operation of the Institutions, power of attorney, rules of procedure, trade agreement (EU)

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EUROPEAN COMMISSION  

Brussels, 3.2.2010 
COM(2010)22 final 

2010/0013 (NLE) 

Proposal for a 

COUNCIL DECISION 

concerning a Union Position to be adopted in the EU - Serbia Interim Committee on its 
Rules of Procedure including the Terms of Reference and Structure of the EU-Serbia 
sub-committees 

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EXPLANATORY MEMORANDUM 

A  Stabilisation  and  Association  Agreement  (SAA)  between  the  European  Communities  and 
their Member States, of the one part, and the Republic of Serbia, of the other part, signed in 
Luxemburg  on  29  April  2008  It  will  enter  into  force  on  the  1st  day  of  the  second  month 
following  the  date  on  which  the  Parties  notify  each  other  that  their  respective  ratification 
procedures have been completed. 

The Interim Agreement (IA) between the European Community and the Republic of Serbia, 
signed on the same date to allow the early application of trade and trade-related provisions of 
the Stabilisation and Association Agreement (SAA), will enter into force on 1 February 2010. 

Article 42 of the IA establishes an Interim Committee which will supervise implementation of 
the Agreement. This Committee has to adopt –as specified by Article 43 of the IA- its own 
rules of procedures. For the smooth functioning of the Committee, it is desirable to adopt these 
rules of procedure during the first meeting. 

The proposed rules of procedure specify the duties of the Interim Committee and the practices 
which it will need to follow, in accordance with the IA, and take notably into account that the 
Committee  has  been  conferred  decision-making  powers  under  the  Agreement.  The  rules  of 
procedure also create specific sub-committees, as provided for under Article 45 of the IA. The 
Commission proposes to streamline the structure of sub-committees by limiting the number of 
sub-committees  to  five,  which  would  cover  the  different  areas  as  indicated  in  the  Annex  to 
this  Explanatory  Memorandum.  Stabilisation  and  Association  Agreement  areas  not  included 
in  the  IA  will  continue  to  be  discussed  in  the  framework  of  the  Enhanced  Permanent 
Dialogue1 until the entry into force of the Stabilisation and Association Agreement. 

The  position  to  be  taken  by  the  Union  within  the  Interim  Committee  with  regard  to  the 
adoption  of  the  rules  of  procedures  of  the  Interim  Committee  shall  be  determined  by  the 
Council, on a proposal by the Commission. 

It is therefore proposed that the Council approves the attached proposal. 

1 

As described in the Commission Communication on the preparedness of Serbia and Montenegro to 
negotiate a Stabilisation and Association Agreement with the European Union, COM (2005)476 final. 

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Annex to the Explanatory Memorandum 

EU – SERBIA INTERIM AGREEMENT ON TRADE AND TRADE-RELATED 
MATTERS  

SUB-COMMITTEES STRUCTURE 

Sub-Committees Titles 

Issues 

IA (SAA) References 

Trade,  Industry,  Customs, 
Taxation  and  Cooperation 
with 
candidate 
countries 

other 

Free Movement of Goods 

Art. 3 (Art. 18) 

Industrial Products 

Art. 4-8 (Art. 19-23)  

Commercial questions 

Art. 19-23 (Art. 34-48) 

Taxation 

Art. 22-23 (Art. 37-38) 

Rules of Origin 

Art. 29 (Art. 44), Protocol 3 

Administrative 
customs matters 

assistance 

in 

Art. 41 (Art. 99), Protocol 5 

Cooperation 
candidates countries 

with 

other 

Art. 52 (Art. 17) 

Other  questions  related  to  Title 
III of the IA 

Art. 36 and 37 (Art. 69 and 71) 

Agricultural Products lato sensu 

Art. 9, 11 (1), 12 (1), 16, 17 (1) 20 
and 21 (Art. 24, 26 (1), 27 (1), 31, 
32 (1) 35 and 36) 

Fisheries, 
Agriculture, 
Food 
safety,  Veterinary 
and Phyto-sanitary matters 

Agricultural  Products 
sensu 

stricto 

Art. 11 (2-4, 12 (2) and Art. 17 (2) 
(3)  (Art.  26  (2-4)  ,  27  (2)  and  Art. 
32 (2)(3)) 

Fisheries Products 

Processed Agricultural Products 

Wine and Spirit Drinks 

geographical 
Protection 
indications  for  agricultural  and 

of 

Art. 14 and 15 (Art. 29 and 30) 

Art. 10 (Art. 25), Protocol 1 

Art. 13 (Art. 28), Protocol 2 

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fishery  products  and  foodstuffs 
other than wine and spirits 

Art. 18 (Art. 33) 

Competition 

Art. 38 and 39 (Art. 73 and 74) 

State Aid to the Steel Industry 

Art. 38 (8) (Art. 73 (8)), Protocol 4 

Internal  Market 
Competition 

and 

Intellectual,:industrial 
commercial property 

Art. 40 (Art. 75) 

Economic  and  Financial 
Issues and Statistics 

Capital  Movements 
Payments 

and 

Art.  35,  38  (7)  (b)  (Art.  62,  73  (7) 
(b)) 

Transport 

Transit Traffic 

Art. 34 (Art 61.1, Protocol 4, Art. 3 
(a)  and  (b),  11  (2),  (3)  and  (5),  19 
(1) and (2), 21 (1) and (2) (d)) 

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2010/0013 (NLE) 

Proposal for a 

COUNCIL DECISION 

concerning a Union position to be adopted in the EU - Serbia Interim Committee on its 
Rules of Procedure including the Terms of Reference and Structure of the EU-Serbia 
sub-committees  

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union  ,  and  in  particular 
Article 218(9) thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

The  Interim  Agreement  on  trade  and  trade-related  matters  between  the  European 
Community, of the one part, and the Republic of Serbia, of the other part2 (hereinafter 
referred to as "the Interim Agreement"), that was signed on 29 April 2008, entered into 
force on 1 February 2010. 

Article  43,  second  paragraph,  of  the  Interim  Agreement  provides  that  the  Interim 
Committee shall adopt its own Rules of Procedure. 

Article 45 of the Interim Agreement provides that the Interim Committee may decide 
to set up sub-committees. 

The  designation,  composition,  Terms  of  Reference  and  Structure  of  the  sub-
committees should be laid down in the Interim Committee's Rules of Procedure. 

The  Union  should  determine  the  position  to  be  taken  within  the  Interim  Committee 
with regard to the adoption of the Rules of Procedure, 

HAS ADOPTED THIS DECISION: 

Sole Article 

The position to be adopted by the Union within the Interim Committee referred to in Article 
43  of  the  Interim  Agreement  on  trade  and  trade-related  matters  between  the  European 
Community, of the one part, and the Republic of Serbia, of the other part, shall be based on 
the draft Decision of the Interim Committee attached to this Decision. 

2 

OJ L ….., …….2007, p. …. 

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Done at Brussels, … 

For the Council 
The President 
… 

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ANNEX  

DECISION NO 1/200.. OF THE EU – SERBIA INTERIM COMMITTEE OF … ON 
ITS RULES OF PROCEDURE INCLUDING THE TERMS OF REFERENCE AND 
STRUCTURE OF THE EU-SERBIA SUB-COMMITTEES 

THE EU – SERBIA INTERIM COMMITTEE, 

Having  regard  to  the  Interim  Agreement  on  trade  and  trade  related  matters  between  the 
European  Community,  of  the  one  part,  and  the  Republic  of  Serbia,  of  the  other  part 
(hereinafter referred to as "the Interim Agreement") that was signed on 29 April 2008., and in 
particular Article 43 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  European  Commission  on  behalf  of  the  European  Union,  hereinafter 
referred to as the "Union", and a representative of the Government of the Republic of Serbia. 
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 Belgrade 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 are convened by the Chairman. 

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

Article 3 

Delegations 

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

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. 

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

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

Article 4 

Secretariat 

An  official  of  the  European  Commission  and  an  official  of  the  Republic  of  Serbia  shall  act 
jointly as Secretaries of the Interim Committee. 

Article 5 

Correspondence 

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

Article 6 

Agenda of the meetings 

1. 

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

The  provisional  agenda  shall  include  the  items  in  respect  of  which  a  request  for 
inclusion has been received by the Secretaries not later than 21 working days before 
the beginning of the meeting, save that 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 provisional agenda. 

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. 

2. 

The  Chairman  may,  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 7 

Minutes 

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 

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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 of 
this Decision. 

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  take  decisions  or  make 
recommendations by written procedure if both Parties so agree. 

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  languages  of  the  Interim  Committee  shall  be  the  official  languages  of  the  two 
Parties. 

Unless  otherwise  decided, 
documentation prepared in these languages. 

the  Interim  Committee  shall  base 

its  deliberations  on 

Article 10  

Expenses 

The Union and the Republic of Serbia shall each defray the expenses they incur by reason of 
their participation in the meetings of the Interim Committee and of sub-committees, 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. 

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Article 11  

Sub-Committees 

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 to this Decision. 

The  sub-committees  shall  be  composed  of  representatives  of  both  Parties.  They  shall  be 
chaired alternately by the two Parties, according to Article 1. 

The sub-committees shall work under the authority of the Interim Committee, to which they 
shall  report  after  each  one  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  sub-committee,  modify  their 
Terms of Reference or establish new sub-committees to assist it in carrying out its duties. 

Done at, 

For the Interim Committee  
The Chairman 

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ANNEX 

TERMS OF REFERENCE AND STRUCTURE OF THE EU-SERBIA SUB-
COMMITTEES 

1. 

Composition and Chair 

In accordance with Article 11, second paragraph of the Rules of Procedure, the sub-
committees  shall  be  composed  of  representatives  of  the  European  Commission  and 
representatives of the Government of the Republic of Serbia (hereinafter referred to 
as  "Serbia").  They  shall  be  chaired  alternately  by  the  two  Parties,  according  to 
Article 1 of the Rules of Procedure. The Member States shall be informed about the 
sub-committees meetings. 

2. 

Secretariat 

An official of the European Commission and an official of the Government of Serbia 
shall act jointly as secretaries of each of the sub-committees. 

All  communications  concerning  the  sub-committees  shall  be  forwarded  to  the 
secretaries of the relevant sub-committees. 

3. 

Meetings 

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

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

4. 

Subject matters 

The  sub-committees  shall  discuss  issues  according  to  the  multidisciplinary  sub-
committee  structure  below.  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  enforcement  of  legislation  shall  be  assessed  in  all  relevant  fields.  The  sub-
committees shall examine any problems that may arise in their relevant sectors and 
shall suggest possible steps to be taken. 

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

5. 

Minutes 

Draft  minutes  of  each  sub-committee  meeting  shall  be  established  within  the  two 
months  following  the  meeting.  Once  agreed by  both  Parties,  a  copy  of  the  minutes 

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shall  be  forwarded  by  the  secretaries  of  the  sub-committee  to  the  secretaries  of  the 
Interim Committee. 

6. 

Publicity  

Unless otherwise decided, the meetings of the sub-committees shall not be public. 

7. 

Sub-committees Structure 

1) 

2) 

3) 

4) 

Sub-committee  on  Trade,  Industry,  Customs,  Taxation  and  Cooperation  with 
other candidate countries (IA, Art. 3, 4-8, 19-33, 36, 37, 41, 52), 

Sub-committee  on  Agriculture  and  Fisheries,  Food  Safety,  Veterinary  and 
phytosanitary matters (IA, Art. 9, 10, 11(2-4), 12(2), 13- 18, 21, 27), 

Sub-committee  on Internal Market and Competition (IA, Art. 35, 37, 38 with 
Protocol 5, 39, 40), 

Sub-committee  on  Economic  and  Financial  Issues  and  Statistics  (IA,  Art.  35, 
38 (7)(b)), 

5) 

Sub-committee on Transport (IA, Art. 34) 

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