Proposal for a COUNCIL DECISION on a European Union Position concerning the Rules of Procedure of the EPA Committee, the Customs Cooperation Committee and the Joint Development Committee provided for by the Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, on the one part, and the European Community and its Member States, on the other part
Date: 2013-02-19
Institutions: European Commission
Subjects: Association Council (EU), Madagascar, Mauritius, Seychelles, Zimbabwe, association agreement (EU), customs cooperation, development aid, economic agreement, interim agreement (EU), rules of procedure

EUROPEAN 
COMMISSION 

Brussels, 19.2.2013  
COM(2013) 86 final 

2013/0053 (NLE) 

Proposal for a 

COUNCIL DECISION 

on a European Union Position concerning the Rules of Procedure of the EPA 
Committee, the Customs Cooperation Committee and the Joint Development Committee 
provided for by the Interim Agreement establishing a framework for an Economic 
Partnership Agreement between the Eastern and Southern Africa States, on the one 
part, and the European Community and its Member States, on the other part 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The  Interim  Agreement  establishing  a  framework  for  an  Economic  Partnership  Agreement 
(referred to as the 'Interim EPA') between the Eastern and Southern Africa States (ESA), on 
the  one  part,  and  the  European  Community  and  its  Member  States  on  the  other  part  was 
signed on 29 August 2009 and has been provisionally applied since 14 May 2012. 

Article 64 of the Agreement establishes an EPA Committee which shall be responsible for the 
administration of the Agreement and for the fulfilment of any of the tasks mentioned therein. 

The  EPA  Committee  shall  be  assisted  in  the  performance  of  its  duties  by  the  Customs 
Cooperation  Committee,  which  is  established  in  accordance  with  the  Article  41  of  the 
Protocol 1 of the Agreement, and the Joint Development Committee, which is established in 
accordance with the Article 52 of the Agreement. 

The  EPA  Committee  shall  determine  the  rules  governing  its  organisation  and  operation  as 
well as the Rules of Procedure for the two Sub-Committees.  

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

The obligation to establish the Rules of Procedure is set up in the Interim EPA. All Parties to 
the  Agreement  were  consulted  and  the  text  of  the  Rules  of  Procedure  was  agreed  and 
endorsed  ad  referendum  with  the  four  Signatory  ESA  States  (Madagascar,  Mauritius, 
Seychelles and Zimbabwe) at the inaugural meeting of the EPA Committee in October 2012. 

No impact assessment of the present proposal has been carried out since the present initiative 
does not have a direct economic, social nor environmental impact. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

The proposal includes a draft Council Decision based on Article 218(9) of the Treaty on the 
Functioning of the European Union to establish a European Union position. Similar decisions 
have been adopted in the past to adopt the procedural rules of EPAs. 

This  Council  Decision  includes  as  an  annex  a  draft  Decision  to  be  taken  by  the  EPA 
Committee  in  2013.  The  latter  includes  3  annexes  that  cover,  respectively,  the  rules  of 
procedure  of  the  EPA  Committee,  of  the  Customs  Cooperation  Committee,  of  the  Joint 
Development  Committee.  All  these  rules  were  agreed  and  endorsed  ad  referendum  with  the 
four Signatory ESA States at the inaugural meeting of the EPA Committee in October 2012. 

4. 

BUDGETARY IMPLICATION  

Limited to administrative expenditure. 

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2013/0053 (NLE) 

Proposal for a 

COUNCIL DECISION 

on a European Union Position concerning the Rules of Procedure of the EPA 
Committee, the Customs Cooperation Committee and the Joint Development Committee 
provided for by the Interim Agreement establishing a framework for an Economic 
Partnership Agreement between the Eastern and Southern Africa States, on the one 
part, and the European Community and its Member States, on the other part 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty of the European Union and the Treaty on the Functioning of the 
European  Union,  and  in  particular  Articles  207  and  209  in  conjunction  with  Article  218(9) 
thereof, 

Having regard to the Council Decision on signature and provisional application of the Interim 
Agreement  establishing  a  framework  for  an  Economic  Partnership  Agreement  between  the 
Eastern  and  Southern  Africa  States,  on  the  one  part,  and  the  European  Community  and  its 
Member States, on the other part1, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

The  Interim  Agreement  establishing  a  framework  for  an  Economic  Partnership 
Agreement between the Eastern and Southern Africa States, on the one part, and the 
European  Community  and  its  Member  States,  on  the  other  part  was  signed  on 
29 August 2009 and is provisionally applied since 14 May 2012. 

Article  64  of  the  said  Agreement  establishes  an  EPA  Committee,  which  shall  be 
responsible  for  the  administration  of  the  Agreement  and  for  the  fulfilment  of  any  of 
the tasks mentioned therein. 

Article  64  provides  that  the  EPA  Committee  shall  determine  the  rules  governing  its 
organisation and operation. 

The EPA Committee shall be assisted in the performance of its duties by the Customs 
Cooperation  Committee,  which  is  established  in  accordance  with  Article  41  of  the 
Protocol  1  of  the  Agreement,  and  the  Joint  Development  Committee,  which  is 
established in accordance with Article 52 of the Interim Agreement. 

The  European  Union  should  determine  the  position  to  be  taken  with  regard  to  the 
adoption  of  the  Rules  of  Procedure  for  the  EPA  Committee  and  the  two  Sub-
Committees established under the Agreement,  

1 

OJ L 111, 24.4.2012, p. 1. 

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HAS DECIDED AS FOLLOWS: 

Article 1 

The  position  of  the  European  Union  in  view  of  the  adoption  of  a  decision  of  the  EPA 
Committee provided for by the Interim Agreement establishing a framework for an Economic 
Partnership Agreement between the Eastern and Southern Africa States, on the one part, and 
the European Community and its Member States, on the other part, on its Rules of Procedure 
shall be based on the draft decision of the EPA Committee annexed to this Decision. 

Minor  changes  to  the  draft  Decision  may  be  agreed  to  without  further  decision  of  the 
Commission or Council. 

After its adoption, the Decision of the EPA Committee shall be published in the Official 
Journal of the European Union. 

Article 2 

This Decision shall enter into force on the day of its adoption. 

Done at Brussels,  

Article 3 

For the Council 
The President 

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ANNEX 

DECISION No …/2013  

OF THE EPA COMMITTEE 

set up by the Interim Agreement establishing a framework for an Economic Partnership 
Agreement between the Eastern and Southern Africa States, on the one part, and the 
European Community and its Member States, on the other part concerning the adoption 
of the Rules of Procedure of the EPA Committee, the Customs Cooperation Committee 
and the Joint Development Committee  

THE EPA COMMITTEE, 

Having  regard  to  the  Interim  Agreement  establishing  a  framework  for  an  Economic 
Partnership Agreement between the Eastern and Southern Africa States, on the one part, and 
the European Community and its Member States, on the other part (hereinafter referred to as 
the “Agreement”), signed in Grand Baie on 29 August 2009 and provisionally applied since 
14 May 2012, and in particular Article 64 thereof, 

Whereas: 

(1) 

(2) 

The  Agreement  provides  that  the  EPA  Committee  shall  determine  the  rules 
governing its organisation and operation, 

The  EPA  Committee  shall  be  assisted  in  the  performance  of  its  duties  by  the 
Customs Cooperation Committee, which is established in accordance with Article 41 
of the Protocol 1 of the Agreement, and the Joint Development Committee, which is 
established in accordance with Article 52 of the Interim Agreement. 

HAS DECIDED AS FOLLOWS: 

Article 1 

1. 

2. 

The Rules of Procedure of the EPA Committee are established as set out in Annex I, 
the Rules of Procedure of the Customs Cooperation Committee in Annex II and the 
Rules of Procedure of the Joint Development Committee in Annex III. 

These Rules are without prejudice to any special rules provided for in the Agreement 
or which may be decided by the EPA Committee. 

Article 2 

This Decision shall enter into force on …. 

Done at (place), on (date). 

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RULES OF PROCEDURE OF THE EPA COMMITTEE 

ANNEX I 

set up by the Interim Agreement establishing a framework for an Economic Partnership 
Agreement between the Eastern and Southern Africa States, on the one part, and the 
European Community and its Member States, on the other part  

Article 1 

Scope of application 

The Rules of Procedure in this Annex shall apply to the proceedings of any of the meetings of 
the EPA Committee. 

Article 2 

Composition and Chair 

The  EPA  Committee  is  composed,  on  the  one  hand,  of  representatives  of  the  EU 
Party  and,  on  the  other  of  representatives  of  Signatory  States  from  the  Eastern  and 
Southern Africa ("Signatory ESA States")2, at ministerial or senior official level. 

Reference  to  "the  Parties"  in  the  Rules  of  Procedure  is  in  accordance  with  the 
definition provided for in Article 61 of the Agreement.  

The EPA Committee at ministerial level shall be co-chaired by a representative of the 
European Union and by a representative of the ESA States. The EPA Committee at 
senior  official  level  shall  be  co-chaired  by  the  senior  officials  of  the  European 
Commission, on behalf of the EU Party, and by the representatives of the Signatory 
ESA States, normally at senior official level. The Signatory ESA States will assume 
chairmanship on a yearly rotating basis. 

Article 3 

Observers 

Representatives of the Common Market for Eastern and Southern Africa (COMESA) 
and  the  representatives  of  the  Indian  Ocean  Commission  (IOC)  shall  be  invited  to 
participate in the EPA Committee meetings as observers.  

The  Secretary of the EPA Committee shall notify representatives of COMESA and 
the  IOC  of  any  meeting  of  the  EPA  Committee  so  that  they  may  participate  as 
observers. 

The Parties may collectively decide to invite additional observers on an ad hoc basis. 
Such observers may participate at the meeting, upon invitation of a Co-chairman and 
approval of the EPA Committee. 

The  EPA  Committee  may  determine  that  any  part  of  meetings  involving  sensitive 
matters may be closed to observers.  

1. 

2. 

3. 

1. 

2. 

3. 

4. 

2 

Madagascar, Mauritius, Seychelles and Zimbabwe. 

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Article 4 

Meetings 

1. 

2. 

3. 

The EPA Committee shall meet once a year or when circumstances so require, if the 
Parties so agree. If both Parties agree, the meetings of the EPA Committee may be 
held  by  a  video  or  teleconference.  In  such  case  each  Party  will  bear  its  respective 
cost associated with holding the meeting by such means, unless agreed otherwise.  

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

The meetings of the EPA Committee shall be convened by the Secretary of the EPA 
Committee. 

Article 5 

Delegations 

Before each meeting, the Co-chairs of the EPA Committee shall be informed of the intended 
composition of the delegations of ESA States and of the EU Party. 

Article 6 

Secretariat 

1. 

2. 

Officials  of  the  European  Commission  and  of  the  Signatory  ESA  States  shall  act 
alternately  for  periods  of  twelve  months  as  Secretary  of  the  EPA  Committee.  The 
Signatory ESA State may be assisted by the COMESA Secretariat.  

The first period shall begin on the date of the first meeting of the EPA Committee of 
the Agreement and end on 31 December of the following year. The Secretariat of the 
EPA Committee shall be held first by a representative of the European Commission. 
The Signatory ESA States will assume the Secretariat on a rotating basis. 

Article 7 

Documents 

Where the deliberations of the EPA Committee are based on written supporting documents, 
such documents shall be numbered and circulated as documents of the EPA Committee by the 
Secretary at least 14 days before the beginning of the meeting. 

Article 8 

Correspondence 

1. 

2. 

3. 

All  correspondence  addressed  to  the  EPA  Committee  shall  be  directed  to  the 
Secretary of the EPA Committee. 

The Secretary shall ensure that correspondence addressed to the EPA Committee is 
forwarded  to  the  Co-chairs  of  the  Committee  and  circulated,  where  appropriate  as 
documents referred to in Article 7 of these Rules of Procedure. 

Correspondence  from  the  Co-chairs  of  the  EPA  Committee  shall  be  sent  to  the 
Parties by the Secretary and circulated where appropriate as documents referred to in 
Article 7 of these Rules of Procedure. 

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1. 

2. 

3. 

4. 

5. 

1. 

2. 

3. 

4. 

1. 

2. 

Article 9 

Agenda for the meetings 

A provisional annotated agenda for each meeting shall be drawn up by the Secretary 
of  the  EPA  Committee  on  the  basis  of  proposals  made  by  the  Parties.  It  shall  be 
forwarded  by  the  Secretary  of  the  EPA  Committee  to  Parties  no  later  than  three 
weeks before the beginning of the meeting. 

The  provisional  annotated  agenda  shall  include  the  items  for  which  a  request  for 
inclusion in the agenda has been received by the Secretary no later than one month 
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  EPA  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 Parties so agree. 

The  Co-chairs  of  the  EPA  Committee,  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 limit specified 
in paragraph 1 in order to take account of the requirements of a particular case. 

Article 10 

Minutes 

Draft  minutes  of  each  meeting  shall  be  drawn  up  by  the  Secretary  as  soon  as 
possible, normally within a month of the meeting. 

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

(a) 

all documents submitted to the EPA Committee, 

(b) 

any statement that a member of the EPA Committee 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 participants to the EPA Committee and a list 
of any observers to the meeting. 

Approval of the minutes shall be confirmed in writing within two months of the date 
of the meeting by ESA signatory states and the EU. Once approved, the minutes shall 
be signed by the Secretary. Each Signatory ESA State and the EU Party shall receive 
one original of these authentic documents. 

Article 11 

Decisions and Recommendations  

The EPA Committee shall adopt decisions and recommendations by consensus. 

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

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3. 

4. 

5. 

6. 

1. 

2. 

1. 

2. 

1. 

2. 

3. 

In the period between meetings, the EPA Committee may adopt decisions by written 
procedure if both Parties so agree. A written procedure shall consist of an exchange 
of notes between the Parties.  

Decisions and recommendations of the EPA Committee 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. 

Decisions adopted by the EPA Committee shall be authenticated by a representative 
of the European Commission on behalf of the EU Party, and by a by a representative 
of ESA States. 

Decisions  and  recommendations  shall  be  forwarded  to  the  Parties  as  documents  of 
the EPA Committee. 

Article 12 

Publicity 

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

Each Party may decide on the publication of the decisions or recommendations of the 
EPA Committee in its respective official publication. 

Article 13 

Languages 

The  working  languages  of  the  EPA  Committee  shall  be  the  official  languages 
common to the Parties, English and French.  

The  EPA  Committee  shall  base 
its  deliberations  and  adopt  decisions  on 
documentation and proposals prepared as far as possible in both languages referred 
to  in  paragraph  1.  Decisions  and  recommendations  will  be  provided  in  both 
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  EPA  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  shall  be  borne  by  the  Party  hosting  the  meeting. 
Expenditure associated with the provision of interpretation services and translation of 
documents  into  or  from  other  official  languages  of  the  European  Union  shall  be 
borne by the EU Party. 

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Article 15 

Amendment of Rules of Procedure 

The  Rules  of  Procedure  may  be  amended  according  to  the  provisions  of  paragraph  1  of 
Article 11. 

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ANNEX II 

RULES OF PROCEDURE OF THE CUSTOMS COOPERATION COMMITTEE 

set up by the Interim Agreement establishing a framework for an Economic Partnership 
Agreement between the Eastern and Southern Africa States, on the one part, and the 
European Community and its Member States, on the other part 

Article 1 

Scope of application 

The Rules of Procedure in this Annex shall apply to the proceedings of any of the meetings of 
the Customs Cooperation Committee. 

Article 2 

Role of the Customs Cooperation Committee 

The Customs Cooperation Committee will be established in accordance with Article 41 of the 
Protocol 1 of the Agreement. It shall also deal with all matters delegated to them by the EPA 
Committee. 

Article 3 

Composition and Chair 

The  Customs  Cooperation  Committee 
the  one  hand,  of 
representatives of the EU Party and, on the other of representatives of the Signatory 
ESA States3. 

is  composed,  on 

Reference  to  "the  Parties"  in  the  Rules  of  Procedure  is  in  accordance  with  the 
definition provided for in Article 61 of the Agreement.  

The Customs Cooperation Committee shall be co-chaired by a representative of the 
European  Commission  and  by  a  representative  of  the  ESA  States.  The  Signatory 
ESA States will assume the chairmanship on a yearly rotating basis. 

Article 4 

Observers 

Representatives of the Common Market for Eastern and Southern Africa (COMESA) 
and  the  representatives  of  the  Indian  Ocean  Commission  (IOC)  shall  be  invited  to 
participate in the Customs Cooperation Committee meetings as observers.  

The Secretary of the Customs Cooperation Committee shall notify representatives of 
COMESA  and  the  IOC  of  any  meeting  of  the  Customs  Cooperation  Committee  so 
that they may participate as observers. 

The Parties may collectively decide to invite additional observers on an ad hoc basis. 
Such  observers  may  participate  at  the  meeting,  upon  invitation  of  one  of  the  Co-
chairmen and approval of the Customs Cooperation Committee. 

The  Customs  Cooperation  Committee  may  determine  that  any  part  of  meetings 
involving sensitive matters may be closed to observers.  

Madagascar, Mauritius, Seychelles and Zimbabwe. 

1. 

2. 

3. 

1. 

2. 

3. 

4. 

3 

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Article 5 

Meetings 

1. 

2. 

3. 

Unless  otherwise  specified  in  the  Agreement,  the  Customs  Cooperation  Committee 
shall  meet  upon  request  of  either  Party.  If  both  Parties  agree,  the  meetings  of  a 
Customs Cooperation Committee may be held by a video or teleconference. In such 
case each Party will bear its respective cost associated with holding the meeting by 
such means, unless agreed otherwise. 

Each  session  of  the  Customs  Cooperation  Committee  shall  be  held  at  a  date  and 
place agreed by both Parties. 

The  meetings  of  the  Customs  Cooperation  Committee  shall  be  convened  by  the 
Secretary of the Customs Cooperation Committee. 

Article 6 

Delegations 

Before each meeting, the Co-chairs of the Customs Cooperation Committee shall be informed 
of the intended composition of the delegations of the ESA States and of the European Union. 

Article 7 

Secretariat 

Officials of the European Commission and of the ESA States shall act alternately for periods 
of twelve months as a Secretary of the Customs Cooperation Committee. The Signatory ESA 
State  may  be  assisted  by  the  COMESA  Secretariat.  These  periods  shall  coincide  with  the 
holding of the Secretariat of the EPA Committee by respectively the European Union and the 
ESA States. The Signatory ESA States will assume the Secretariat on a rotating basis. 

Article 8 

Documents 

Where  the  deliberations  of  the  Customs  Cooperation  Committee  are  based  on  written 
supporting documents, such documents shall be numbered and circulated as documents of the 
Customs Cooperation Committee by the Secretary at least 14 days before the beginning of the 
meeting.  

Article 9 

Correspondence 

1. 

2. 

3. 

All  correspondence  addressed  to  the  Customs  Cooperation  Committee  shall  be 
directed to the Secretary of the Customs Cooperation Committee. 

The  Secretary  shall  ensure  that  correspondence  addressed  to  the  Customs 
Cooperation  Committee  is  forwarded  to  the  Co-chairs  of  the  Committee  and 
circulated, where appropriate as documents referred to in Article 8 of these Rules of 
Procedure. 

Correspondence from the Co-chairs of the Customs Cooperation Committee shall be 
sent  to  the  Parties  by  the  Secretary  and  circulated  where  appropriate  as  documents 
referred to in Article 8 of these Rules of Procedure. 

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1. 

2. 

3. 

4. 

5. 

1. 

2. 

3. 

4. 

Article 10 

Agenda for the meetings 

A provisional annotated agenda for each meeting shall be drawn up by the Secretary 
of  the  Customs  Cooperation  Committee  on  the  basis  of  proposals  made  by  the 
Parties.  It  shall  be  forwarded  by  the  Secretary  of  the  Customs  Cooperation 
Committee to Parties no later than three weeks before the beginning of the meeting. 

The  provisional  annotated  agenda  shall  include  the  items  for  which  a  request  for 
inclusion in the agenda has been received by the Secretary no later than one month 
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  Customs  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 Parties so agree. 

The  Co-chairs  of  the  Customs  Cooperation  Committee,  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 limit specified 
in paragraph 1 in order to take account of the requirements of a particular case. 

Article 11 

Minutes 

Draft  minutes  of  each  meeting  shall  be  drawn  up  by  the  Secretary  as  soon  as 
possible, normally within a month of the meeting. 

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

(a) 

(b) 

(c) 

all documents submitted to the Customs Cooperation Committee, 

any statement that a member of the Customs Cooperation 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  participants  to  the  Customs  Cooperation 
Committee and any observers to the meeting. 

Approval of the minutes shall be confirmed in writing within two months of the date 
of the meeting by ESA signatory states and the EU. Once approved, the minutes shall 
be signed by the Secretary. Each Signatory ESA State and the EU Party shall receive 
one original of these authentic documents. 

Article 12 

Decisions and recommendations 

1. 

The Customs Cooperation Committee shall adopt decisions and recommendations by 
consensus. 

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2. 

3. 

4. 

5. 

1. 

2. 

1. 

2. 

1. 

2. 

3. 

In  the  period  between  meetings,  the  Customs  Cooperation  Committee  may  adopt 
decisions  and  recommendations  by  written  procedure  if  both  Parties  so  agree.  A 
written procedure shall consist of an exchange of notes between the Parties.  

Decisions  or  recommendations  of  the  Customs  Cooperation  Committee  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. 

Decisions  and  recommendations  adopted  by  the  Customs  Cooperation  Committee 
shall be authenticated by a representative of the European Commission on behalf of 
the EU Party, and by a representative of ESA States. 

Decisions  and  recommendations  shall  be  forwarded  to  the  Parties  and  to  the  EPA 
Committee as documents of the Customs Cooperation Committee. 

Article 13 

Publicity 

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

Each Party may decide on the publication of the decisions and recommendations of 
the Customs Cooperation Committee in its respective official publication. 

Article 14 

Languages 

The working languages of the Customs Cooperation Committee shall be the official 
languages common to the Parties, English and French.  

The Customs Cooperation Committee shall base its deliberations and adopt decisions 
on  documentation  and  proposals  prepared  as  far  as  possible  in  both  languages 
referred to in paragraph 1. Decisions and recommendations will be provided in both 
languages referred to in paragraph 1. 

Article 15 

Expenses 

Each  Party  shall  meet  any  expenses  it  incurs  as  a  result  of  participating  in  the 
meetings  of  the  Customs  Cooperation  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  shall  be  borne  by  the  Party  hosting  the  meeting. 
Expenditure associated with the provision of interpretation services and translation of 
documents  into  or  from  other  official  languages  of  the  European  Union  shall  be 
borne by the EU Party. 

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Article 16 

Reporting 

The Customs Cooperation Committee shall be reporting to the EPA Committee. 

Article 17 

Amendment of Rules of Procedure  

The Rules of Procedure may be amended by the EPA Committee. The Customs Cooperation 
Committee  may  submit  recommendations  to  the  EPA  Committee  proposing  changes  to  the 
Rules of Procedure. 

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ANNEX III 

RULES OF PROCEDURE OF THE JOINT DEVELOPMENT COMMITTEE 

set up by the Interim Agreement establishing a framework for an Economic Partnership 
Agreement between the Eastern and Southern Africa States, on the one part, and the 
European Community and its Member States, on the other part 

Article 1 

Scope of application 

The Rules of Procedure in this Annex shall apply to the proceedings of any of the meetings of 
the Joint Development Committee. 

Article 2 

Role of the Joint Development Committee 

The Joint Development Committee is established as a sub-committee of the EPA Committee. 
In  accordance  with  Article  52  of  the  Interim  Agreement,  it  shall  discuss  development 
cooperation issues linked to the implementation of the Interim Agreement.  

Article 3 

Composition and Chair 

The Joint Development Committee is composed, on the one hand, of representatives 
of the EU party and, on the other of representatives of ESA States. 

Reference  to  "the  Parties"  in  the  Rules  of  Procedure  is  in  accordance  with  the 
definition provided for in Article 61 of the Agreement.  

The  Joint  Development  Committee  shall  be  co-chaired  by  a  representative  of  the 
European  Commission  and  by  a  representative  of  the  ESA  States.  The  Signatory 
ESA States will assume the chairmanship on a yearly rotating basis. 

Article 4 

Observers 

Representatives of the Common Market for Eastern and Southern Africa (COMESA) 
and  the  representatives  of  the  Indian  Ocean  Commission  (IOC)  shall  be  invited  to 
participate in the Joint Development Committee meetings as observers.  

The  Secretary  of  the  Joint  Development  Committee  shall  notify  representatives  of 
COMESA and the IOC of any meeting of the Joint Development Committee so that 
they may participate as observers. 

The Parties may collectively decide to invite additional observers on an ad hoc basis. 
Such  observers  may  participate  at  the  meeting,  upon  invitation  of  the  Co-chairmen 
and approval of the Joint Development Committee. 

The  Joint  Development  Committee  may  determine  that  any  portion  of  meetings 
involving sensitive matters may be closed to observers.  

1. 

2. 

3. 

1. 

2. 

3. 

4. 

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Article 5 

Meetings 

1. 

2. 

3. 

Unless  otherwise  specified  in  the  Agreement,  the  Joint  Development  Committee 
shall  meet  upon  request  of  either  Party.  If  both  Parties  agree,  the  meetings  of  the 
Joint  Development  Committee  may  be  held  by  a  video  or  teleconference.  In  such 
case each Party will bear its respective cost associated with holding the meeting by 
such means, unless agreed otherwise. 

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

The  meetings  of  the  Joint  Development  Committee  shall  be  convened  by  the 
Secretary of the Joint Development Committee. 

Article 6 

Delegations 

Before each meeting, the Co-chairs of the Joint Development Committee shall be informed of 
the intended composition of the delegations of the ESA States and of the European Union. 

Article 7 

Secretariat 

Officials of the European Commission and of the ESA States shall act alternately for periods 
of twelve months as Secretary of the Joint Development Committee. The Signatory ESA State 
may be assisted by the COMESA Secretariat. These periods shall coincide with the holding of 
the  Secretariat  of  the  EPA  Committee  by  respectively  the  European  Union  and  the  ESA 
States. The Signatory ESA States will assume the Secretariat on a rotating basis. 

Article 8 

Documents 

Where the deliberations of the Joint Development Committee are based on written supporting 
documents,  such  documents  shall  be  numbered  and  circulated  as  documents  of  the  Joint 
Development  Committee  by  the  Secretary  at  least  14  days  before  the  beginning  of  the 
meeting. 

Article 9 

Correspondence 

1. 

2. 

3. 

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

The Secretary shall ensure that correspondence addressed to the Joint Development 
Committee  is  forwarded  to  the  Co-chairs  of  the  Committee  and  circulated,  where 
appropriate as documents referred to in Article 8 of these Rules of Procedure. 

Correspondence  from  the  Co-chairs  of  the  Joint  Development  Committee  shall  be 
sent  to  the  Parties  by  the  Secretary  and  circulated  where  appropriate  as  documents 
referred to in Article 8 of these Rules of Procedure. 

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1. 

2. 

3. 

4. 

5. 

1. 

2. 

3. 

4. 

Article 10 

Agenda for the meetings 

A  provisional  agenda  for  each  meeting  shall  be  drawn  up  by  the  Secretary  of  the 
Joint Development Committee on the basis of proposals made by the Parties. It shall 
be  forwarded  by  the  Secretary  of  the  Joint  Development  Committee  to  Parties  no 
later than three weeks 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  one  month  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 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 Parties so agree. 

The  Co-chair  of  the  Joint  Development  Committee,  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 limit specified 
in paragraph 1 in order to take account of the requirements of a particular case. 

Article 11 

Minutes 

Draft  minutes  of  each  meeting  shall  be  drawn  up  by  the  Secretary  as  soon  as 
possible, normally within a month of the meeting. 

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

(a) 

(b) 

(c) 

all documents submitted to the Joint Development Committee, 

any statement that a member of the Joint 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  participants  to  the  Joint  Development 
Committee and a list of any observers to the meeting. 

Approval of the minutes shall be confirmed in writing within two months of the date 
of the meeting by ESA signatory states and the EU. Once approved, the minutes shall 
be signed by the Secretary. Each Signatory ESA State and the EU Party shall receive 
one original of these authentic documents. 

1. 

The Joint Development Committee shall adopt recommendations by consensus. 

Article 12 

Recommendations 

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2. 

3. 

4. 

5. 

In  the  period  between  meetings,  the  Joint  Development  Committee  may  adopt 
recommendations by written procedure if both Parties so agree. A written procedure 
shall consist of an exchange of notes between the Parties.  

Recommendations  of 
the  Joint  Development  Committee  shall  be  entitled 
"Recommendation" and followed by a serial number, the date of their adoption and a 
description of their subject.  

Recommendations  adopted  by 
the  Joint  Development  Committee  shall  be 
authenticated by a representative of the European Commission on behalf of the EU 
Party, and by a representative of ESA States. 

Recommendations  shall  be  forwarded  to  the  Parties  as  documents  of  the  Joint 
Development  Committee  and  shall  be  submitted  to  the  EPA  Committee  for 
consideration. 

Article 13 

Publicity 

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

1. 

2. 

1. 

2. 

3. 

Article 14 

Languages 

The  working  languages  of  the  Joint  Development  Committee  shall  be  the  official 
languages common to the Parties, English and French.  

The  Joint  Development  Committee  shall  base 
its  deliberations  and  make 
recommendations on documentation and proposals prepared as far as possible in both 
languages  referred  to  in  paragraph  1.  Recommendations  will  be  provided  in  both 
languages referred to in paragraph 1. 

Article 15 

Expenses 

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

to  postal  and 

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  shall  be  borne  by  the  Party  hosting  the  meeting. 
Expenditure associated with the provision of interpretation services and translation of 
documents  into  or  from  other  official  languages  of  the  European  Union  shall  be 
borne by the EU Party. 

The Joint Development Committee s shall be reporting to the EPA Committee. 

Article 16 

Reporting 

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Article 17 

Amendment of Rules of Procedure 

The  Rules  of  Procedure  may  be  amended  by  the  EPA  Committee.  The  Joint  Development 
Committee  may  submit  recommendations  to  the  EPA  Committee  proposing  changes  to  the 
Rules of Procedure. 

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SIMPLIFIED FINANCIAL STATEMENT 

(to be used for any internal Commission decision of general significance with a 
budgetary impact on appropriations of an administrative nature or on human resources, 
when use of any other type of financial statement is not appropriate – Article 23 of the 
Internal Rules) 

1. 

Title of draft decision: 

Council Decision on a European Union Position concerning the Rules of Procedure of the 
EPA  Committee,  the  Customs  Cooperation  Committee  and  the  Joint  Development 
Committee  provided  for  by  the  Interim  Agreement  establishing  a  framework  for  an 
Economic Partnership Agreement between the Eastern and Southern Africa States, on the 
one part, and the European Community and its Member States, on the other part 

2. 

Policy area(s) and ABB activity(ies) concerned: 

20 - Trade Policy 

3. 

Legal basis: 

x Administrative autonomy  (cid:133) Other (specify):____________________ 

4. 

Description and grounds: 

The decision relates to meetings and functioning of institutions to be established under 
the Interim EPA. Meetings of the institutions are set up with a view to follow up on 
implementation of the Agreement. 

5. 

Duration and estimated financial impact: 

5.1. 

Period of application: 

(cid:133)  Decision with a limited duration: decision in force from [date] to [date] 

Decision  with  an  indefinite  duration:  in  force  from  [date  of  adoption  of 

x 
this decision] 

5.2. 

Estimated budgetary impact: 

The draft decision entails: 

(cid:133) 

savings 

additional costs (if so, specify the heading(s) of the multiannual financial 

x 
framework concerned): Heading 5 – administrative expenditure  

5.3. 

Third-party contributions to the financing of the draft decision: 

If  the  proposal  provides  for  co-financing  by  Member  States  or  other  bodies  (please 
specify which), you should give an estimate of the level of co-financing, if known. 

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appropriations in EUR million (to 3 decimal places) 

Year 

Year 

Year 

Year 

Year 

Year 

n 

n+1 

n+2 

n+3 

n+4 

n+5 

Year 

n+6 

Total 

Specify cofinancing 
source/body 

TOTAL 

appropriatio
ns 
cofinanced 

5.4. 

Explanation of figures: 

of 
Average 
http://www.cc.cec/budg/pre/legalbasis/pre-040-020_preparation_en.html 

shown 

costs 

staff 

foot 

the 

are 

at 

page 

6. 

Compatibility with the current multiannual financial framework: 

x 

The proposal is compatible with existing financial programming. 

The  proposal  will  entail  reprogramming  of  the  relevant  heading  in  the 

(cid:133) 
multiannual financial framework. 

The  proposal  requires  use  of  the  flexibility  instrument  or  revision  of  the 

(cid:133) 
multiannual financial framework4. 

7. 

Impact of savings or additional costs on the allocation of resources: 

(cid:133)  Resources  to  be  obtained  by  means  of  internal  redeployment  within 
departments 

x 

Resources already allocated to the department(s) concerned 

(cid:133)  Resources to be requested during the next allocation procedure 

The  human  and  administrative  resources  required  will  be  covered  by  the  allocation 
which may be granted to the managing DG under the annual allocation procedure in the 
light of existing budgetary constraints. 

4 

See points 19 and 24 of the Interinstitutional Agreement.  

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ANNEX: 

ESTIMATED  FINANCIAL  IMPACT  (savings  or  additional  costs)  FOR  APPROPRIATIONS  OF  AN  ADMINISTRATIVE  NATURE  OR  FOR 
HUMAN RESOURCES 

FTE=Full-time equivalent 
XX is the policy area or title concerned 

FTE in persons/year 

Heading 5 

FTE 

Year 
n 
approp. 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5 

Year 
n+6 

FTE 

approp. 

FTE 

approp. 

FTE 

approp. 

FTE 

approp. 

FTE 

approp. 

approp. 

FTE 

TOTAL 
/Annual cost 
approp. 

FTE 

EUR million (to three decimal places)  

Establishment plan posts (officials and/or temporary staff) 
XX 01 01 01 (Headquarters and 
Commission’s Representation 
Offices) 

0.03 

 0.2 

 0.2   0.03 

0.2 

0.03  

0.2 

0.03 

 0.2   0.03 

0.2 

0.03 

0.2 

0.03 

 0.2 

0.21 

XX 01 01 02 (Delegations) 

External staff 

XX 01 02 01 (‘global 

envelope’) 

XX 01 02 02 (Delegations) 

Other budget lines (specify) 

Subtotal – Heading 5 

 0.2 

0.03 

 0.2   0.03 

0.2 

0.03  

0.2 

0.03 

 0.2   0.03 

0.2 

0.03 

0.2 

0.03 

 0.2 

0.21 

Outside Heading 5 

Establishment plan posts (officials and/or temporary staff) 

XX 01 05 01 (Indirect research) 

10 01 05 01 (Direct research) 

External staff 

XX 01 04 yy 

- Headquarters 

- Delegations 

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XX 01 05 02 (Indirect research) 

10 01 05 02 (Direct research) 

Other budget lines (specify) 

Subtotal – Outside Heading 5 

TOTAL 

 0.2 

0.03 

 0.2   0.03 

0.2 

0.03  

0.2 

0.03 

 0.2   0.03 

0.2 

0.03 

0.2 

0.03 

 0.2 

0.21 

The  human  and  administrative  resources  required  will  be  covered  by  the  allocation  which  may  be  granted  to  the  managing  DG  under  the  annual 
allocation procedure in the light of existing budgetary constraints. 

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Other administrative appropriations 
XX is the policy area or title concerned 

Heading 5 

Headquarters: 
XX 01 02 11 01 - Mission and representation 
expenses 
XX 01 02 11 02 – Conference and meeting costs 
XX 01 02 11 03 – Committees  
XX 01 02 11 04 - Studies and consultations 
XX 01 03 01 03 - Equipment and furniture 
XX 01 03 01 04 - Services and other operating 
expenditure  
Other budget lines (specify where appropriate) – 
Translation services 
Delegations: 
XX 01 02 12 01 – Missions, conferences and 
representation expenses 
XX 01 02 12 02 - Further training of staff 
XX 01 03 02 01 – Acquisition, renting and related 
expenditure 
XX 01 03 02 02 Equipment, furniture, supplies and 
services 

Subtotal – Heading 5 

Outside Heading 5 

XX 01 04 yy - Expenditure on technical and 
administrative assistance (not including external 

Year 
n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5 

Year 
n+6 

TOTAL 

EUR million (to three decimal places)  

0.01 
0.01 

0.01 
0.01 

0.01 
0.01 

0.01 
0.01 

0.01 
0.01 

0.01 
0.01 

0.01 
0.01 

0.07  
0.07  

0.01 

0.01 

0.01 

0.01 

0.01 

0.01 

0.01 

0.07  

0.03  

0.03  

0.03  

0.03  

0.03  

0.03  

0.03  

0.21  

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staff) from operational appropriations (former "BA" 
lines) 
- Headquarters 
- Delegations 
XX 01 05 03 - Other management expenditure for 
indirect research 
10 01 05 03 - Other management expenditure for 
direct research 
Other budget lines (specify where appropriate) 

Subtotal – Outside Heading 5 
GRAND TOTAL 

0.03  

0.03  

0.03  

0.03  

0.03  

0.03  

0.03  

0.21  

The  human  and  administrative  resources  required  will  be  covered  by  the  allocation  which  may  be  granted  to  the  managing  DG  under  the  annual 
allocation procedure in the light of existing budgetary constraints. 

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