Proposal for a COUNCIL AND COMMISSION DECISION establishing the position to be adopted in the EU – Tajikistan Cooperation Council on its rules of procedure
Date: 2010-07-30
Institutions: European Commission
Subjects: Association Council (EU), EAEC, European cooperation, Tajikistan, association agreement (EU), cooperation agreement (EU), cooperation policy, rules of procedure, signature of an agreement, stabilisation and association agreement

EN 

EN 

   EN 

 
 
EUROPEAN COMMISSION 

Brussels, 30.7.2010 
COM(2010)412 final 

2010/0226 (NLE) 

Proposal for a 

COUNCIL AND COMMISSION DECISION 

establishing the position to be adopted in the EU – Tajikistan Cooperation Council on its 
rules of procedure 

(2010/…/EU, Euratom) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

(1) 

(2) 

The  Partnership  and  Cooperation  Agreement  (PCA)  between  the  European 
Communities and their Member States, of the one part, and Tajikistan, of the other 
part, entered into force on 1 January 2010. 

The  first  meeting  of  the  EU-Tajikistan  Cooperation  Council  under  the  PCA  is 
scheduled to be held in September in the margins of the Foreign Affairs Council. The 
Cooperation Council needs to adopt, during this first meeting, its rules of procedure, 
which set out how the Cooperation Council will operate, including how meetings are 
prepared  and  organised.  A  Council  and  Commission  decision  is  needed  in  order  to 
establish the position to be adopted in the Cooperation Council during its first meeting 
on these rules of procedure. 

EN 

   EN 

 
 
2010/0226 (NLE) 

Proposal for a 

COUNCIL AND COMMISSION DECISION 

establishing the position to be adopted in the EU – Tajikistan Cooperation Council on its 
rules of procedure 

(2010/…/EU, Euratom) 

THE COUNCIL OF THE EUROPEAN UNION, 

THE EUROPEAN COMMISSION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 50(2), Article 53(1) and Articles 62, 64(2), 79 (2), 91, 100(2), 113, 115, 207 and 211, 
in conjunction with Article 218 thereof, 

Having regard to the proposal from the European Commission, 

Having regard to Council and Commission Decision of 17 November 2009 on the conclusion 
of  the  Partnership  and  Cooperation  Agreement  establishing  a  partnership  between  the 
European  Communities  and  their  Member  States,  of  the  one  part,  and  the  Republic  of 
Tajikistan, of the other part,1 and in particular Article 2 thereof, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Article  77  of  the  Partnership  and  Cooperation  Agreement  between  the  European 
Communities and their Member States, of the one part, and the Republic of Tajikistan, 
of the other part2 establishes a Cooperation Council. 

Article 78(2) of that Agreement provides that the Cooperation Council shall establish 
its own rules of procedure. 

Article 79 of that Agreement provides that the Cooperation Council shall be assisted 
by a Cooperation Committee.  

Article 79 of that Agreement provides that the Cooperation Council shall, in its rules 
of  procedure,  determine  the  duties  of  the  Cooperation  Committee  and  that  the 
Cooperation Council may delegate any of its powers to the Cooperation Committee, 

1 
2 

OJ L 350, 29.12.2009, p.1. 
OJ L 350, 29.12.2009, p.3. 

EN 

2 

   EN 

 
                                                 
HAVE ADOPTED THIS DECISION:  

Sole Article 

The  position  to  be  adopted  by  the  European  Union  and  the  European  Atomic  Energy 
Community, within the Cooperation Council established by Article 77 of the Partnership and 
Cooperation  Agreement  establishing  a  partnership  between  the  European  Communities  and 
their  Member  States,  of  the  one  part,  and  the  Republic  of  Tajikistan,  of  the  other  part,  in 
relation  to  the  rules  of  procedure  of  the  Cooperation  Council  and  to  the  delegation  of  its 
powers  to  the  Cooperation  Committee  referred  to  in  Article  79  of  the  Partnership  and 
Cooperation  Agreement,  shall  be  based  on  the  draft  Decision  of  the  Cooperation  Council, 
annexed to this Decision. Minor amendments to this draft Decision may be accepted without 
further decision by the Council and the Commission. 

Done at Brussels, 

For the Council 
The President 

For the Commission 
Catherine ASHTON 
Vice-President of the Commission 

EN 

3 

   EN 

 
 
 
 
 
DECISION No 1 OF THE EU–TAJIKISTAN COOPERATION COUNCIL  

ANNEX I 

of  

adopting its rules of procedure 

THE COOPERATION COUNCIL, 

Having  regard  to  the  Partnership  and  Cooperation  Agreement  establishing  a  partnership 
between  the  European  Communities  and  their  Member  States,  of  the  one  part,  and  the 
Republic  of  Tajikistan,  of  the  other  part,  (hereinafter  referred  to  as  "Agreement")  and  in 
particular Articles 77 to 80 thereof, 

Whereas the Agreement entered into force on 1 January 2010, 

HAS DECIDED AS FOLLOWS:  

Article 1 

Chairmanship 

The Cooperation Council shall be presided over alternately for periods of 12 months by the 
President  of  the  Foreign Affairs Council of the European Union, on behalf of the European 
Union  and  its  Member  States  and  the  European  Atomic  Energy  Community,  and  by  a 
representative of the Government of Tajikistan. The first period shall begin on the date of the 
first Cooperation Council meeting and end on 31 December 2010. 

Article 2 

Meetings 

The Cooperation Council shall meet at ministerial level once a year. Special sessions of the 
Cooperation Council may be held at the request of either Party, if the Parties so agree. Unless 
otherwise agreed by the Parties, each session of the Cooperation Council shall be held at the 
usual  venue  for  meetings  of  the  Council  of  the  European  Union  at  a  date  agreed  by  both 
Parties. Meetings of the Cooperation Council shall be jointly convened by the Secretaries of 
the Cooperation Council in agreement with the President.  

Article 3 

Representation 

The members of the Cooperation Council may be represented if unable to attend. If a member 
wishes  to  be  so  represented,  he  must  notify  the  President  of  the  name  of  his  representative 
before the meeting at which he is to be so represented. The representative of a member of the 
Cooperation Council shall exercise all the rights of that member. 

EN 

4 

   EN 

 
Article 4 

Delegations 

The  members  of  the  Cooperation  Council  may  be  accompanied  by  officials.  Before  each 
meeting, the President shall be informed of the intended composition of the delegation of each 
Party.  The  Cooperation  Council  may  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  Mission  of  Tajikistan  to  the  European  Union  shall  act  jointly  as  Secretaries  of  the 
Cooperation Council. 

Article 6 

Correspondence 

Correspondence  addressed  to  the  Cooperation  Council  shall  be  sent  to  the  President  of  the 
Cooperation 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  President  of  the 
Cooperation Council and, where appropriate, circulated to other members of the Cooperation 
Council.  Correspondence  circulated  shall  be  sent  to  the  Secretariat-General  of  the 
Commission,  the  Permanent  Representations  of  the  Member  States  and  the  Mission  of 
Tajikistan to the European Union.  

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

Article 7 

Publicity 

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

Article 8 

Agendas for meetings 

1. 

The  President  shall  draw  up  a  provisional  agenda  for  each  meeting.  It  shall  be 
forwarded by the Secretaries of the Cooperation Council to the addressees referred to 
in  Article  6  not  later  than  15  days  before  the  beginning  of  the  meeting.  The 
provisional  agenda  shall  include  the  items  in  respect  of  which  the  President  has 

EN 

5 

   EN 

 
received  a  request  for  inclusion  on  the  agenda  not  later  than  21  days  before  the 
beginning  of  the  meeting,  although  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 despatch of the agenda. The agenda shall be adopted by the 
Cooperation  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 two Parties 
so agree.  

2. 

The  President  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 9 

Minutes 

Draft minutes of each meeting shall be drawn up 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 Cooperation Council, 

statements requested for entry by a member of the Cooperation Council, 

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

The  draft  minutes  shall  be  submitted  to  the  Cooperation  Council  for  approval.  When 
approved, the minutes shall be signed by the President and the two Secretaries. The minutes 
shall be filed in the archives of the General Secretariat of the Council of the European Union, 
which will act as depository of the documents of the Cooperation Council. A certified copy 
shall be forwarded to each of the addressees referred to in Article 6. 

Article 10 

Decisions and recommendations 

1. 

2. 

The  Cooperation  Council  shall  take  its  decisions  and  make  recommendations  by 
common  agreement  of  the  Parties.  The  Cooperation  Council  may  take  decisions  or 
make recommendations by written procedure if both Parties so agree. 

The recommendations of the Cooperation Council, within the meaning of Article 77 
of  the  Partnership  and  Cooperation  Agreement,  and  its  decisions,  shall  be  entitled 
respectively "Recommendation" and "Decision" followed by a serial number, by the 
date of their adoption and by a description of their subject matter. The decisions and 
recommendations  of  the  Cooperation  Council  shall  be  signed  by  the  President  and 
authenticated  by  the  two  Secretaries.  Decisions  and  recommendations  shall  be 
forwarded to each of the addressees referred to in Article 6 above. Each Party may 
decide  on  the  publication  of  decisions  and  recommendations  of  the  Cooperation 
Council in its respective official publication. 

EN 

6 

   EN 

 
Article 11 

Languages 

The official languages of the Cooperation Council shall be the official languages of the two 
Parties.  Unless  otherwise  decided,  the  Cooperation  Council  shall  base  its  deliberations  on 
documentation drawn up in these languages. 

Article 12 

Expenses 

The  European  Union  and  Tajikistan  shall  each  defray  the  expenses  they  incur  by  reason  of 
their participation in the meetings of the Cooperation Council, both with regard 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  Union,  with  the  exception  of  expenditure  in  connection  with 
interpreting  or  translation  into  or  from  the  official  language  of  Tajikistan,  which  shall  be 
borne by Tajikistan. Other expenditure relating to the organisation of meetings shall be borne 
by the Party hosting the meetings. 

Article 13 

Cooperation Committee 

1. 

2. 

3. 

A  Cooperation  Committee  is  hereby  established  in  order  to  assist  the  Cooperation 
Council in the performance of its duties. It shall be composed of representatives of 
the  Council  of  the  European  Union  and  of  representatives  of  the  European 
Commission,  on  the  one  hand,  and  of  representatives  of  the  Government  of 
Tajikistan, on the other, normally at senior civil servant level. 

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

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

EN 

7 

   EN 

 
4. 

The rules of procedure of the Cooperation Committee are annexed to this Decision. 

Done at 

For the Cooperation Council 
The Chairman 

EN 

8 

   EN 

 
 
 
ANNEX 

Rules of Procedure of the Cooperation Committee 

Article 1 

Chairmanship 

The Cooperation Committee shall be presided over alternately for periods of 12 months by a 
representative of the European Commission, on behalf of the European Union and its Member 
States  and  the  European  Atomic  Energy  Community,  and  by  a  representative  of  the 
Government  of  Tajikistan.  The  first  period  shall  begin  on  the  date  of  the  first  Cooperation 
Council meeting and end on 31 December 2010. 

Article 2 

Meetings 

The  Cooperation  Committee  shall  meet  when  circumstances  require,  with  the  agreement  of 
both  Parties.  Each  meeting  of  the  Cooperation Committee  shall  be  held  at  a  time  and  place 
agreed  by  both  Parties.  Meetings  of  the  Cooperation  Committee  shall  be  convened  by  the 
Chairman. 

Article 3 

Delegations 

Before  each  meeting,  the  Chairman  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  Tajik  Government  shall  act 
jointly  as  Secretaries  of  the  Cooperation  Committee.  All  communications  to  and  from  the 
Chairman of the Cooperation Committee provided for in this Decision shall be forwarded to 
the Secretaries of the Cooperation Committee and to the Secretaries and the President of the 
Cooperation Council. 

Article 5 

Publicity 

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

EN 

9 

   EN 

 
Article 6 

Agendas for meetings 

1. 

The  Chairman  shall  draw  up  a  provisional  agenda  for  each  meeting.  It  shall  be 
forwarded  by  the  Secretaries  of  the  Cooperation  Committee  to  the  addressees 
referred  to  in  Article  4  not  later  than  15  days  before  the  beginning  of  the  meeting. 
The provisional agenda shall include the items in respect of which the Chairman has 
received  a  request  for  inclusion  on  the  agenda  not  later  than  21  days  before  the 
beginning  of  the  meeting,  although  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  agenda.  The  Cooperation  Committee  may 
ask  experts  to  attend  its  meetings  in  order  to  provide  information  on  particular 
subjects.  The  agenda  shall  be  adopted  by  the  Cooperation  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  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 

Minutes shall be taken for each meeting and shall be based on a summing up by the Chairman 
of  the  conclusions  arrived  at  by  the  Cooperation  Committee.  When  approved  by  the 
Cooperation Committee, the minutes shall be signed by the Chairman 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 

Decisions and recommendations 

In  the  specific  cases  where  the  Cooperation  Committee  is  empowered  by  the  Cooperation 
Council  under  Article  79  of  the  Partnership  and  Cooperation  Agreement  to  take 
decisions/make  recommendations,  these  acts  shall  be  entitled  respectively  "Decision"  and 
"Recommendation", followed by a serial number, the date of their adoption and a description 
of their subject matter. Decisions and recommendations shall be made by common agreement 
take  decisions  or  make 
between 
recommendations  by  written  procedure  if  both  Parties  so  agree.  The  decisions  and 
recommendations  of  the  Cooperation  Committee  shall  be  signed  by  the  President  and 
authenticated  by  the  two  Secretaries  and  shall  be  forwarded  to  the  addressees  referred  to  in 
Article  4  of  these  rules  of  procedure.  Each  Party  may  decide  on  the  publication  of  the 
decisions  and  recommendations  of  this  Cooperation  Committee  in  its  respective  official 
publication. 

the  Parties.  The  Cooperation  Committee  may 

EN 

10 

   EN 

 
Article 9 

Expenses 

The  European  Union  and  Tajikistan  shall  each  defray  the  expenses  they  incur  by  reason  of 
their  participation  in  the  meetings  of  the  Cooperation  Committee,  both  with  regard  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  Union,  with  the  exception  of  expenditure  in 
connection  with  interpreting  or  translation  into  or  from  the  official  language  of  Tajikistan, 
which shall be borne by Tajikistan. Other expenditure relating to the organisation of meetings 
shall be borne by the Party hosting the meetings. 

Article 10 

Subcommittees and special groups 

The Cooperation Committee may create subcommittees or special groups to work under the 
authority  of  the  Cooperation  Committee,  to  which  they  shall  report  after  each  of  their 
meetings. The Cooperation Committee may decide to abolish any existing subcommittees or 
groups, lay down or modify their terms of reference or set up further subcommittees or groups 
to  assist  it  in  carrying  out  its  duties.  These  subcommittees  and  groups  shall  not  have  any 
decision-making powers. 

EN 

11 

   EN