Proposal for a COUNCIL AND COMMISSION DECISION on a Union Position concerning a Decision of the EU – Montenegro Stabilisation and Association Council amending its Rules of Procedure
Date: 2011-04-26
Institutions: European Commission
Subjects: Montenegro, association agreement (EU), democracy, economic stabilisation, interinstitutional relations, rule of law

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EUROPEAN COMMISSION 

Brussels, 26.4.2011 
COM(2011) 230 final 

2011/0095 (NLE) 

Proposal for a 

COUNCIL AND COMMISSION DECISION 

on a Union Position concerning a Decision of the EU – Montenegro Stabilisation and 
Association Council amending its Rules of Procedure  

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EXPLANATORY MEMORANDUM 

(1) 

(2) 

The Stabilisation and Association Agreement between the European Communities and 
their  Member  States  and  Montenegro,  which  entered  into  force  on  1  May  2010, 
provides,  in  Article 124  thereof,  that  the  Stabilisation  and  Association  Council  may 
decide to set up any other special committee or body that can assist it in carrying out 
its  duties,  determining  in  its  rules  of  procedure  the  composition  and  duties  of  such 
committees or bodies and how they shall function. 

The European Economic and Social Committee and the Committee of the Regions of 
the European Union and the Montenegrin authorities have expressed their interest in 
setting  up  two  Joint  consultative  committees  to  organise  dialogue  and  cooperation 
between their social partners and other civil society representatives and their regional 
and  local  authorities.  To  do  this,  the  Stabilisation  and  Association  Council  needs  to 
amend its Rules of Procedure. 

(3) 

The Commission therefore proposes that two Joint consultative committees be set up 
by the Stabilisation and Association Council:  

(4) 

•  One  Joint  Consultative  Committee  will  represent  the  social  partners  and  other 
civil  society  organisations,  in  support  of  the  keen  interest  expressed  in  this 
respect,  by  both  sides,  represented  by  the  European  Economic  and  Social 
Committee,  on  the  part  of  the  European  Union,  and  by  the  Montenegrin  social 
partners and other civil society organisations, on the part of Montenegro.  

•  The  other  Joint  Consultative  Committee  will  represent  the  local  and  regional 
authorities  of  both  parties,  in  support  of  the  keen  interest  expressed,  in  this 
respect,  by  both  sides,  represented  by  the  Committee  of  the  Regions  of  the 
European  Union,  on  the  part  of  the  European  Union,  and  by  the  elected 
representatives  of  local  and  regional  authorities  of  Montenegro,  on  the  part  of 
Montenegro.  

The  proposed  Joint  consultative  committees  are  intended  to  constitute  forums  for 
dialogue  and  co-operation  between  the  social  partners  and  other  civil  society 
organisations  and  the  local  and  regional  authorities  in  the  European  Union  and 
Montenegro,  which  can  make  a  major  contribution  to  the  development  of  their 
relations and to the integration of Europe. This dialogue and co-operation will prepare 
for  future  work  with  the  European  Economic  and  Social  Committee  and  the 
Committee of the Regions of the European Union and for Montenegrin membership of 
the  European  Union;  facilitate  exchanging  information  on  current  issues  of  mutual 
interest,  in  particular  up-to-date  state  of  play  concerning  EU  economic,  social  and 
regional  policy  and  the  accession  process;  encourage  information  exchange  in 
practical implementation of the principle of subsidiary in all aspects of life on regional 
and  local  level;  discussing  any  other  relevant  matters  proposed  by  any  side,  as  they 
can  arise  in  the  context  of  implementation  of  the  Stabilisation  and  Association 
Agreement and in the framework of the Pre-accession Strategy. The Stabilisation and 
Association  Council  may  also  consult  the  proposed  Joint  consultative  committees 
before  taking  decisions  in  relevant  areas.  Consultation  of  the  committees  remains, 
however, at the discretion of the Stabilisation and Association Council. 

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(5) 

(6) 

The  establishment  of  the  proposed  Joint  consultative  committees  does  not  have  any 
financial impact on the EU budget, the Montenegrin participants being responsible for 
their own expenses and the expenses on the European Union side being covered by the 
budget  of  the  European  Economic  and  Social  Committee  and  the  Committee  of  the 
Regions of the European Union. 

The text of the proposal for a Council and Commission decision on the position to be 
taken by the European Union in the Stabilisation and Association Council, as provided 
for by Article 3 (1) of the Council and Commission decision of 29 March 2010 on the 
conclusion of the aforementioned Stabilisation and Association Agreement, is attached 
hereto.  

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2011/0095 (NLE) 

Proposal for a 

COUNCIL AND COMMISSION DECISION 

on a Union position concerning a Decision of the EU – Montenegro Stabilisation and 
Association Council amending its Rules of Procedure  

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 218, paragraph 9 thereof, 

Having regard to the Treaty establishing the European Atomic Energy Community (Euratom), 
and in particular Article 101 thereof, 

Having regard to Council and Commission Decision of 29 March 2010 on the conclusion of 
the  Stabilisation  and  Association  Agreement  between  the  European  Communities  and  their 
Member  States,  of  the  one  part,  and  the  Republic  of  Montenegro  (hereinafter  referred  to  as 
“Montenegro”), of the other part, and in particular Article 3(1) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

Article 119 of the Stabilisation and Association Agreement establishes a Stabilisation 
and Association Council. 

Article 120 of said Agreement provides that the Stabilisation and Association Council 
shall adopt its own rules of procedures. 

Article 124 of said Agreement provides that the Stabilisation and Association Council 
may decide to set up other special committees or bodies that can assist it in carrying 
out  its  duties.  The  same  provision  of  said  Agreement  further  provides  that  the 
Stabilisation  and  Association  Council  shall,  in  its  rules  of  procedure,  determine  the 
composition and duties of such committees or bodies and how they shall function, 

HAVE DECIDED AS FOLLOWS:  

Sole Article 

The  position  to  be  adopted  by  the  Union  within  the  Stabilisation  and  Association  Council 
established  by  Article  119  of  the  Stabilisation  and  Association  Agreement  between  the 
European  Communities  and  their  Member  States,  of  the  one  part,  and  the  Republic  of 

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Montenegro, of the other part, in relation to the setting up of the Joint Consultative Committee 
with  the  European  Economic  and  Social  Committee  and  the  Joint  Consultative  Committee 
with the Committee of the Regions of the European Union and the amendment of the rules of 
procedures of the said Stabilisation and Association Council as provided for in Article 124 of 
said  Agreement  shall  be  based  on  the  draft  decision  of  the  Stabilisation  and  Association 
Council, annexed to this Decision. Minor amendments to this draft decision may be accepted 
without further decision of the Council. 

Done at Brussels, 

For the Commission 

The President 

For the Council 

The President 

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ANNEX 

Decision No 1/2011 of the EU – Montenegro Stabilisation and Association Council of 20 
June 2011 amending Decision No 1/2010 adopting the rules of procedure of the 
Stabilisation and Association Council, in view of setting up a Joint Consultative 
Committee with the European Economic and Social Committee and a Joint Consultative 
Committee with the Committee of the Regions of the European Union  

THE STABILISATION AND ASSOCIATION COUNCIL, 

Having  regard  to  the  Stabilisation  and  Association  Agreement  between  the  European 
Communities  and  their  Member  States,  of  the  one  part,  and  the  Republic  of  Montenegro 
(hereinafter  referred  to  as  “Montenegro”),  of  the  other  part,  and  in  particular  Article  124 
thereof, 

Whereas:  

(1) 

(2) 

Dialogue and cooperation between social partners and other civil society organisations 
as  well  as  regional  and  local  authorities  in  the  European  Union  and  those  in 
Montenegro can make a major contribution to the development of their relations and 
the integration of Europe. 

It seems appropriate that such cooperation should be organised by setting up two Joint 
the  European  Economic  and  Social 
Consultative  Committees.  One  between 
Committee of the one part, and the Montenegrin social partners and other civil society 
organisations of the other part. The other between the Committee of the Regions of the 
European Union of the one part and the elected representatives of local and regional 
authorities of Montenegro of the other part. 

(3) 

It  follows  that  the  rules  of  procedure  of  the  Stabilisation  and  Association  Council, 
adopted by Decision No 1/2010, need to be amended accordingly, 

HAS DECIDED AS FOLLOWS:  

Article 1 

Decision No 1/2010 shall be amended by adding the following Articles: 

Article 14 

Joint Consultative Committee with the European Economic and Social Committee 

(1) 

A Joint Consultative Committee with the European Economic and Social Committee 
is  hereby  established,  entrusted  with  the  task  of  assisting  the  Stabilisation  and 
Association Council with a view to promoting dialogue and cooperation between the 
social  partners  and  other  civil  society  organisations,  in  the  European  Union  and 
Montenegro.  Such  dialogue  and  cooperation  shall  encompass  all  relevant  aspects  of 
relations between the European Union and Montenegro, as they arise in the context of 
the implementation of the Stabilisation and Association Agreement. Such dialogue and 
cooperation shall be aimed in particular at: 

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(a) 

(b) 

(c) 

(d) 

Preparing  Montenegrin  employers,  employed  and  other  civil  society 
organisations  for  activity  in  the  framework  of  future  membership  of  the 
European Union; 

Preparing  Montenegrin  employers,  employed  and  other  civil  society 
organisations for their participation in the work of the European Economic and 
Social Committee after the accession of Montenegro; 

Exchanging  information  on  issues  of  mutual  interest,  in  particular  on  up-to-
date  state  of  play  on  the  accession  process  as  well  as  preparation  of 
Montenegrin employers, employed and other civil society organisations for this 
process;  

Encouraging  exchanges  of  experience  and  structured  dialogue  between  A) 
Montenegrin employers, employed and other civil society organisations and B) 
employers,  employed  and  other  civil  society  organisations  from  Member 
States,  including  through  networking  in  specific  areas  where  direct  contacts 
and  cooperation  might  prove  the  most  effective  way  of  solving  particular 
problems; 

(e) 

Discussing any other relevant matters proposed by any side, as they can arise in 
the context of implementation of the Stabilisation and Association Agreement 
and in the framework of the Pre-accession. 

The Joint Consultative Committee with the European Economic and Social Committee 
shall  comprise  six  representatives  of  the  European  Economic  and  Social  Committee 
and  six  representatives  of  Montenegro's  social  partners  and  other  civil  society 
organisations. Observers can be also invited to participate. 

The Joint Consultative Committee with the European Economic and Social Committee 
shall  carry  out  its  tasks  on  the  basis  of  consultation  by  the  Stabilisation  and 
Association  Council  or,  with  regard  to  promoting  dialogue  between  economic  and 
social circles, on its own initiative. 

(2) 

(3) 

(4)  Members  shall  be  chosen  to  ensure  that  the  Joint  Consultative  Committee  with  the 
European Economic and Social Committee is as faithful a reflection as possible of the 
various  social  partners  and  other  civil  society  organisations,  in  both  the  European 
Union and Montenegro. Official nominations of Montenegrin members shall be made 
by the government of Montenegro based on proposals from social partners and other 
civil society organisations. Those proposals shall be based on inclusive and transparent 
selection procedures among social partners and other civil society organisations. 

(5) 

(6) 

(7) 

The Joint Consultative Committee with the European Economic and Social Committee 
shall be co-chaired by a member of the European Economic and Social Committee and 
a representative of Montenegro's social partners and other civil society organisations. 

The Joint Consultative Committee with the European Economic and Social Committee 
shall adopt its own Rules of Procedure. 

The European Economic and Social Committee, on the one hand, and the Montenegrin 
Government, on the other hand, shall each defray the expenses they incur by reason of 

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the participation of their delegates in the meetings of the Joint Consultative Committee 
and of its working groups with regard to staff, travel and subsistence expenditure.  

(8) 

Other expenditure relating to the material organisation of meetings shall be borne by 
the Party which hosts the meetings. 

Article 15 

Joint Consultative Committee with the Committee of the Regions of the European Union 

(1) 

A Joint Consultative Committee with the Committee of the Regions of the European 
Union is hereby established with the task of assisting the Stabilisation and Association 
Council  with  a  view  to  promoting  dialogue  and  cooperation  between  the  local  and 
regional  authorities  in  the  European  Union  and  those  in  Montenegro.  Such  dialogue 
and cooperation shall be aimed in particular at: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

Preparing  Montenegrin  local  and  regional  authorities  for  activity  in  the 
framework of future membership of the European Union; 

Preparing Montenegrin local and regional authorities for their participation in 
the work of the Committee of the Regions after the accession of Montenegro; 

Exchanging  information  on  current  issues  of  mutual  interest,  in  particular  on 
up-to-date  state  of  play  concerning  European  regional  policy  and  accession 
process as well as preparation of Montenegrin local and regional authorities for 
these policies; 

Encouraging  multilateral  structured  dialogue  between  A)  Montenegrin  local 
and regional authorities and B) local and regional authorities from the Member 
States,  including  through  networking  in  specific  areas  where  direct  contacts 
and  cooperation  between  Montenegrin  local  and  regional  authorities  and  the 
local  and  regional  authorities  from  Member  States  might  prove  the  most 
effective way of addressing specific topics of mutual interest; 

Providing  regular  exchange  of  information  on  inter-regional  cooperation 
between  Montenegrin  local  and  regional  authorities  and  local  and  regional 
authorities from Member States; 

Encouraging  exchange  of  experience  and  knowledge  in  the  field  of  regional 
policy and structural interventions, between A) Montenegrin local and regional 
authorities  and  B)  local  and  regional  authorities  from  Member  States,  in 
particular  know-how  and  techniques  concerning  preparation  of  local  and 
regional  development  plans  or  strategies  and  most  efficient  use  of  the  pre-
accession and Structural Funds; 

Assisting Montenegrin local and regional authorities by means of information 
exchange  in  particular  implementation  of  the  principle  of  subsidiarity  in  all 
aspects of life on local and regional level; 

Discussing any other relevant matters proposed by any side, as they can arise in 
the context of implementation of the Stabilisation and Association Agreement 
and in the framework of the Pre-accession talks.  

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(2) 

(3) 

The Joint Consultative Committee with the Committee of the Regions of the European 
Union shall comprise [seven] representatives of the Committee of the Regions, on the 
one hand, and  [seven] elected representatives of the local and regional authorities of 
Montenegro,  on  the  other  hand.  An  equal  number  of  alternate  members  shall  be 
appointed. 

The Joint Consultative Committee with the Committee of the Regions of the European 
Union shall carry out its activities on the basis of consultation by the Stabilisation and 
Association Council or, as concerns the promotion of the dialogue between the local 
and regional authorities, on its own initiative. 

(4) 

The Joint Consultative Committee with the Committee of the Regions of the European 
Union may make recommendations to the Stabilisation and Association Council. 

(5)  Members  shall  be  chosen  to  ensure  that  the  Joint  Consultative  Committee  with  the 
Committee  of  the  Regions  is  a  faithful  reflection  of  the  various  levels  of  local  and 
regional authorities in both the European Union and Montenegro. Official nominations 
of Montenegrin members shall be made by the government of Montenegro based on 
proposals  from  organisations  representing 
in 
Montenegro.  Those  proposals  shall  be  based  on  inclusive  and  transparent  selection 
procedures among representatives holding local or regional electoral mandates. 

local  and  regional  authorities 

(6) 

(7) 

(8) 

The Joint Consultative Committee with the Committee of the Regions of the European 
Union shall adopt its own Rules of Procedure. 

The Joint Consultative Committee with the Committee of the Regions of the European 
Union  shall  be  co-chaired  by  a  member  of  the  Committee  of  the  Regions  and  a 
representative of the local and regional authorities of Montenegro. 

The Committee of the Regions, on the one hand, and the Government of Montenegro, 
on  the  other  hand,  shall  each  defray  the  expenses  incurred  by  reason  of  the 
participation  of  their  delegates  and  supporting  staff  in  the  meetings  of  the  Joint 
Consultative Committee with the Committee of the Regions of the European Union, in 
particular with regard to travel and subsistence expenditure. 

(9) 

Other expenditure relating to the material organisation of meetings shall be borne by 
the Party which hosts the meetings.' 

Article 2 

This Decision shall enter into force on the first day of the second month following the date of 
its adoption. 

Done at Luxemburg, [ ] June 2011 

For the Stabilisation and Association Council  

The Chairman 

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