Proposal for a COUNCIL DECISION on the Union position to be adopted in the Cooperation Council established by the Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Iraq, of the other part, in relation to the adoption of the rules of procedure of the Cooperation Council and of the Cooperation Committee, and the establishment of specialised subcommittees and the adoption of their terms of reference
Date: 2013-03-26
Institutions: European Commission
Subjects: Iraq, cooperation agreement (EU), operation of the Institutions, rules of procedure

EUROPEAN 
COMMISSION 

Brussels, 26.3.2013  
COM(2013) 170 final 

2013/0090 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the Union position to be adopted in the Cooperation Council established by the 
Partnership and Cooperation Agreement between the European Union and its Member 
States, of the one part, and the Republic of Iraq, of the other part, in relation to the 
adoption of the rules of procedure of the Cooperation Council and of the Cooperation 
Committee, and the establishment of specialised subcommittees and the adoption of 
their terms of reference 

EN 

   EN 

 
 
 
  
 
 
(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

EXPLANATORY MEMORANDUM 

On 21 December 2011, the Council adopted its decision on the signing, on behalf of 
the  European  Union,  and  provisional  application  of  certain  provisions  of  the 
Partnership  and  Cooperation  Agreement  between  the  European  Union  and  its 
Member States, of the one part, and the republic of Iraq, of the other part (hereinafter 
“Agreement”)1. 

On 11 May 2012, the High Representative of the European Union for Foreign Affairs 
and  Security  Policy  and  Vice-President  of  the  European  Commission  Catherine 
Ashton and the Foreign Minister of the Republic of Iraq Hoshyar Zebari signed the 
Agreement.  

The Agreement marks the first ever contractual relation between the EU and Iraq. It 
provides  a  legal  framework  covering  issues  from  regular  political  dialogue  to  trade 
relations and regulatory cooperation, and development cooperation. 

The  aim  of  the  Agreement,  concluded  for  10  years  (renewable),  is  to  build  a  solid 
basis for strengthening ties between Iraq and the EU. In particular, it aims to enhance 
political  dialogue  on  bilateral,  regional  and  global  issues,  improving  the  trade 
arrangements  between  Iraq  and  the  EU,  supporting  Iraq’s  own  vital  reform  and 
development  efforts  and  facilitating  its  integration  into  the  wider  international 
economy.  The  Agreement  underlines  the  EU’s  determination  to  play  a  significant 
role in Iraq’s transition and will be the main vehicle for the EU’s support to Iraq and 
further enhancement of EU-Iraq relations. 

In  accordance  with  Article  3  of  the  Council  Decision  of  21  December  2011  on  the 
signing and provisional application of certain provisions of the Agreement, Article 2 
(Human Rights clause) and Titles II (Trade and Investments), III (Cooperation areas) 
and V (Institutional, General and Final Provisions) are applied on a provisional basis 
starting from 1 August 2012, in so far as it concerns matters falling within the EU’s 
competence.  

In  Title  V  on  institutional  provisions,  a  Cooperation  Council  is  established  at 
ministerial  level  to  supervise  the  implementation  of  the  Agreement  pursuant  to 
Article 111 of the Agreement. The Cooperation Committee is established by Article 
112  (1)  of  the  Agreement.  In  accordance  with  Article  112  (2),  the  Cooperation 
Council  shall  be  assisted  in  the  performance  of  its  duties  by  the  Cooperation 
Committee  and  may  decide  to  set  up  any  other  specialised  sub-committee  or  body 
that can assist it in carrying out its duties, and shall determine the composition and 
duties of such committees or bodies and how they shall function. 

With a view to completing the institutional framework and allowing for expert level 
discussions on the key areas falling within scope of the provisional application of the 
Agreement,  it is suggested to  establish three subcommittees, designated as follows: 
(1)  Subcommittee  on  Human  Rights  and  Democracy;  (2)  Subcommittee  on  Trade 
and  related  issues;  (3)  Subcommittee  on  Energy  and  related  issues.  Additional 
subcommittees  may  be  established  at  a  later  stage,  following  agreement  of  the 
Parties.  

1 

OJ L 204, 31. 7. 2012 

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(8) 

(9) 

The  meetings  in  the  subcommittees  will  allow  the  EU  to  reinforce  the  interaction 
with  the  Iraqi  administration  and  provide  an  opportunity  to  discuss  in  detail  Iraq’s 
development in the specific areas and priorities for EU-Iraq cooperation, as well as 
for EU assistance to Iraq. Iraq has expressed  strong interest in starting the work of 
the three subcommittees as soon as possible. 

Both the EU and Iraq have committed to a rapid and effective implementation of the 
Agreement.  The  aim  of  this  proposal  is  therefore  to  ensure  that  the  institutional 
framework  of  the  Agreement  is  established  as  soon  as  possible,  with  the 
understanding  that  the  first  meetings  of  the  sub-committees  should  take  place  not 
later  than  in  early  2013,  followed  by  those  of  the  Cooperation  Committee  and  the 
Cooperation Council. In order to be able to proceed in this sequence it is proposed 
that, by its first act the Cooperation Council adopts its decisions on (1) the adoption 
of  the  rules  of  procedure  for  the  Cooperation  Council  and  the  Cooperation 
Committee,  and  (2)  the  establishment  of  the  specialised  subcommittees  and  the 
adoption of their terms of reference. Furthermore, these decisions should be adopted 
by  written  procedure,  in  accordance  with  Article  10  of  the  Cooperation  Council’s 
proposed Rules of Procedure. 

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2013/0090 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the Union position to be adopted in the Cooperation Council established by the 
Partnership and Cooperation Agreement between the European Union and its Member 
States, of the one part, and the Republic of Iraq, of the other part, in relation to the 
adoption of the rules of procedure of the Cooperation Council and of the Cooperation 
Committee, and the establishment of specialised subcommittees and the adoption of 
their terms of reference 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to Article 3 of the Council Decision of 21 December 2011 on the signing and 
provisional  application  of  certain  provisions  of  the  Partnership  and  Cooperation  Agreement 
(”the Agreement”) between the European Union and their Member States, of the one part, and 
the Republic of Iraq, of the other part,2in particular its Article 111(3) and its Article 112(2), 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

In accordance with its Article 117, parts of the Agreement are applied provisionally as 
of 1 August 2012. 

In  order  to  contribute  to  the  effective  implementation  of  the  Agreement,  its 
institutional framework should be established as soon as possible. 

Article 111 (3) of the Agreement provides that the Cooperation Council shall establish 
its rules of procedure.  

Article 112 of the Agreement provides that the Cooperation Council shall be assisted 
in the performance of its duties by a Cooperation Committee and may decide to set up 
any other specialised sub-committee or body that can assist it in carrying out its duties, 
and shall determine the composition and duties of such committees or bodies and how 
they shall function. 

2 

OJ L xxxx 

EN 

4 

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HAS ADOPTED THIS DECISION:  

Sole Article 

1. 

The position to be adopted by the Union in the Cooperation Council established by 
Article  111  of  the  Partnership  and  Cooperation  Agreement  between  the  European 
Union and its Member States, of the one part, and the Republic of Iraq, of the other 
part, shall be hereby established in relation to: 

– 

– 

the  adoption  of  the  rules  of  procedure  of  the  Cooperation  Council  and  of  the 
Cooperation Committee, and 

the establishment of specialised subcommittees and the adoption of their terms 
of reference, 

under the terms of the draft Cooperation Council decisions annexed to this Decision. 

2. 

Minor changes to the draft decisions may be agreed to by the representatives of the 
Union in the Cooperation Council without further decision of the Council. 

Done at Brussels,  

For the Council 
The President 

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ANNEX I 

DECISION No 1/2013 OF THE EU-IRAQ COOPERATION COUNCIL 

of … 2013 

adopting its rules of procedure and those of the Cooperation Committee 

THE EU-IRAQ COOPERATION COUNCIL,  

Having  regard  to  the  Partnership  and  Cooperation  Agreement  between  the  European 
Union and its Member States, of the one part, and the Republic of Iraq, of the other part, 
(hereinafter referred to as ‘the Agreement’) and in particular Article 111 thereof, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

In  accordance  with  its  Article  117,  parts  of  the  Agreement  are  applied 
provisionally as of 1 August 2012. 

In  order  to  contribute  to  the  effective  implementation  of  the  Agreement,  its 
institutional framework should be established as soon as possible. 

It is for the Cooperation Council to adopt the necessary measures to this effect; 
Article  111  (3)  of  the  Agreement  provides  that  the  Cooperation  Council  shall 
establish  its  rules  of  procedure.  In  order  for  the  Cooperation  Committee  to  be 
operational as soon as possible, the Cooperation Council shall also establish the 
rules of procedure of the Cooperation Committee.  

In accordance with Article 10 of the Cooperation Council’s Rules of Procedure, 
the Cooperation Council may take decisions by written procedure. 

It  is  necessary  to  adopt  the  present  decision  of  the  Cooperation  Council  by 
written procedure. 

HAS DECIDED AS FOLLOWS:  

Sole Article 

The  Rules  of  Procedure  of  the  Cooperation  Council  and  those  of  the  Cooperation 
Committee, as set out in Appendixes A and B respectively, are hereby adopted. 

Done at …, xxxx.  

For the Cooperation Council 

The Chair 

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APPENDIX A TO ANNEX I 

Rules of Procedure of the Cooperation Council 

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 by the Minister of Foreign Affairs of Iraq. 
The first period shall begin on the date of the first Cooperation Council meeting and end 
on 31 December of the same year.  

Article 2 

Meetings 

The Cooperation Council shall meet at ministerial level once a year. Special sessions of 
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 Chair.  

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/she must notify the Chair of the name of his/her 
representative  before  the  meeting  at  which  he/she  is  to  be  so  represented.  The 
representative of a member of the Cooperation Council shall exercise all the rights of that 
member.  

Article 4 

Delegations 

The members of the Cooperation Council may be accompanied by officials. Before each 
meeting,  the  Chair  shall  be  informed  of  the  intended  composition  of  the  delegation  of 
each Party.  

A  representative  of  the  European  Investment  Bank  shall  attend  the  meetings  of  the 
Cooperation  Council,  as  an  observer,  when  matters  which  concern  the  Bank  appear  on 
the agenda.  

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When  appropriate  and  by  mutual  agreement,  persons  in  their  expert  capacity  or 
representatives of other bodies may be invited to attend the meetings of the Cooperation 
Council as observers or in order to provide information on a particular subject. 

Article 5 

Secretariat 

A representative of the General Secretariat of the Council of the European Union and a 
representative  of  the  Mission  of  Iraq  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  Chair  of  the 
Cooperation Council at the address of the Council of the European Union.  

The  two  Secretaries  shall  ensure  that  correspondence  is  forwarded  to  the  Chair  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  Permanent 
Representations of the Member States and the General Secretariat of the Council of the 
European Union, as well as to the Mission of Iraq to the European Union.  

the  European  External  Action  Service, 

the  Commission, 

Communications  from  the  Chair  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  Chair  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 
Chair 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 provisional agenda. The 

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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  Chair  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  jointly  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  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 Chair 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 Agreement. A certified copy 
shall be forwarded to each of the addressees referred to in Article 6.  

Article 10 

Deliberations 

1. 

The Cooperation Council shall take its decisions and make recommendations by 
common agreement of the Parties. The cases, in which the Cooperation Council 
can take decisions are indicated in the Agreement itself. 

The  Cooperation  Council  may  take  decisions  or  make  recommendations  by 
written  procedure  if  both  Parties  so  agree.  When  the  Cooperation  Council 
decides to have recourse to the written procedure, a deadline may be foreseen by 
mutual  agreement  of  the  Parties,  at  the  end  of  which  the  Chair  of  the 
Cooperation Council can declare, upon report from the two Secretaries, whether 
a common agreement of the Parties is given. 

2. 

The  decisions  and  recommendations  of  the  Cooperation  Council,  within  the 
meaning  of  Article  111  of  the  Agreement,  shall  be  entitled  respectively 
‘Decision’  and  ‘Recommendation’  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 Chair and 

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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.  

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 Iraq 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  Iraq, 
which shall be borne by Iraq. Other expenditure relating to the organisation of meetings 
shall be borne by the Party hosting the meetings.  

Article 13 

Cooperation Committee 

1. 

2. 

In accordance  with  Article 112 of the Agreement, a Cooperation Committee is 
established in order to assist the Cooperation Council in carrying out its duties. It 
shall  be  composed  of  representatives  of  the  European  Union,  on  the  one  hand, 
and  of  representatives  of  the  Government  of  Iraq,  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 and recommendations of the 
Cooperation Council where appropriate and, in general, ensure continuity of the 
relationship 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.  

The Cooperation Council may delegate to the Cooperation Committee any of its 
powers. 

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3. 

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

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APPENDIX B TO ANNEX I 

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 Union and by a representative of the Government of Iraq.  

The first period shall begin on the date of the first Cooperation Council meeting and end on 
31 December of the same year.  

Article 2 

Meetings 

The  Cooperation  Committee  shall  meet  when  circumstances  require,  with  the  agreement  of 
both Parties, at least once a year. 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.  The  yearly 
meeting of the Cooperation Committee shall be convened in advance of the yearly meeting of 
the  Cooperation  Council.  It  should  be  convened  in  due  time  to  allow  for  the  Cooperation 
Committee to prepare the meeting of the Cooperation Council. 

Article 3 

Delegations 

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

Article 4 

Secretariat 

A  representative  of  the  European  External  Action  Service  and  a  representative  of  the 
Government  of  Iraq  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 Chair of the Cooperation Council.  

Article 5 

Publicity 

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

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Article 6 

Agendas for meetings 

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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 provisional 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 

Deliberations 

In the specific cases where the Cooperation Council empowers the Cooperation Committee to 
adopt certain decisions/recommendations in line with Article 13(2) of the Rules of Procedure 
of  the  Cooperation  Council,  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 of the Cooperation Committee shall 
be made by common agreement between the Parties. 

The  Cooperation  Committee  may  take  decisions  or  make  recommendations  by  written 
procedure if both Parties so agree. When the Cooperation Committee decides to have recourse 
to the written procedure, a deadline may be foreseen by mutual agreement of the Parties, at 
the end of which the Chairman of the Cooperation Committee can declare, upon report from 
the two Secretaries, whether a common agreement of the Parties is given. 

The  decisions  and  recommendations  of  the  Cooperation  Committee  shall  be  signed  by  the 
Chair  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 

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of the decisions and recommendations of this Cooperation Committee in its respective official 
publication.  

Article 9 

Expenses 

The  European  Union  and  Iraq  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 Iraq, which shall be borne by 
Iraq.  Other  expenditure  relating  to  the  organisation  of  meetings  shall  be  borne  by  the  Party 
hosting the meetings.  

Article 10 

Subcommittees and special groups 

In  accordance  with  Article  13  of  the  Rules  of  Procedure  of  the  Cooperation  Council,  the 
Cooperation Committee may decide to create subcommittees or specialised working 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 working groups, define or amend their terms of reference or set up further 
subcommittees or working groups to assist it in carrying out its duties. These subcommittees 
and working groups shall not have any decision-making power. 

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DECISION No 2/2013 OF THE EU-IRAQ COOPERATION COUNCIL 

ANNEX II 

of .. 2013 

on the establishment of three specialised subcommittees and the adoption of their terms 
of reference 

THE EU-IRAQ COOPERATION COUNCIL, 

Having  regard  to  the  Partnership  and  Cooperation  Agreement  between  the  European  Union 
and  its  Member  States,  of  the  one  part,  and  the  Republic  of  Iraq,  of  the  other  part,  (‘the 
Agreement’) and in particular Article 112 thereof, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

In accordance with its Article 117, parts of the Agreement are provisionally applied 
as of 1 August 2012. 

In  order  to  contribute  to  the  effective  implementation  of  the  Agreement,  its 
institutional framework should be established as soon as possible. 

Article 112 of the Agreement provides that the Cooperation Council shall be assisted 
in the performance of its duties by a Cooperation Committee and may decide to set 
up  any  other  specialised  sub-committee  or  body  that  can  assist  it  in  carryig  out  its 
duties, and shall determine the composition and duties of such committees or bodies 
and how they shall function. 

In order to allow for expert level discussions on the key areas falling within scope of 
the  provisional  application  of  the  Agreement,  three  subcommittees  should  be 
established.  Upon  further  agreement  of  the  Parties  both  the  list  of  sub-committees 
and the scope of the individual sub-committees can be modified. 

In accordance with Article 10 of the Cooperation Council’s Rules of Procedure, the 
Cooperation Council may take decisions by written procedure. 

In  order  for  the  sub-committees  to  become  operational  in  a  timely  manner,  it  is 
necessary  to  adopt  the  present  decision  of  the  Cooperation  Council  by  written 
procedure. 

HAS ADOPTED THIS DECISION: 

Sole Article 

The subcommittees listed in Appendix A are hereby established. The terms of reference of the 
subcommittees as set out in Appendix B are hereby adopted.  

Done at, 

For the EU- Iraq Cooperation Council 

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Appendix A to ANNEX II 

EU-Iraq Cooperation Council 

Subcommittees established 

(1) 

(2) 

(3) 

Subcommittee on Human Rights and Democracy;  

Subcommittee on Trade and related issues; 

Subcommittee on Energy and related issues; 

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Appendix B to ANNEX II 

Terms of reference 

of the Subcommittees established in Appendix A, under the Partnership and 
Cooperation Agreement between the European Union and their Member States, of the 
one part, and the Republic of Iraq, of the other part 

Article 1 

At  its  meetings,  each  subcommittee  may  treat  the  implementation  of  the  Partnership  and 
Cooperation Agreement in any or all of the areas it covers. 

The Subcommittees may also discuss subjects or specific projects related to the relevant area 
of bilateral cooperation. 

Individual cases may also be raised when either Party requires. 

Article 2 

The Subcommittees shall work under the authority of the Cooperation Committee. They shall 
report and transmit their conclusions to the Cooperation Committee after each meeting. 

Article 3 

The Subcommittees shall be composed of representatives of the Parties. 

Upon agreement of both Parties, the Subcommittees may invite experts to their meetings and 
may  hear  them  regarding  specific  points  on  the  agenda  of  Subcommittee  meetings  as 
appropriate. 

Article 4 

The  Subcommittees  shall  be  chaired  by  the  Parties  alternately,  according  to  the  rules  on 
alternate presidency of the Cooperation Committee by a representative of the European Union 
on the one hand and by a representative of the Government of Iraq on the other hand.  

Article 5 

A  representative  of  the  European  External  Action  Service  and  a  representative  of  the 
Government  of  the  Republic  of  Iraq  shall  act  jointly  as  Permanent  Secretary  of  the 
Subcommittees.  All  communications  concerning  the  specific  Subcommittee  shall  be 
forwarded to the two Permanent Secretaries. 

Article 6 

The  Subcommittees  shall  meet  whenever  circumstances  require  upon  agreement  of  the 
Parties,  on  the  basis  of  a  written  request  from  either  Party,  and  at  least  once  a  year.  Each 
meeting shall be held at a place determined by both Parties and at a time agreed by them. 

EN 

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   EN 

 
 
 
Upon  receipt  of  a  request  of  one  of  the  Parties  for  a  Subcommittee  meeting,  the  Permanent 
Secretary of the other Party shall reply within 15 working days. 

In  cases  of  particular  urgency,  Subcommittee  meetings  may  be  convened  at  shorter  notice, 
subject to the agreement of both Parties. 

Before  each  meeting,  the  chair  shall  be  informed  of  the  intended  composition  of  the 
delegation of both Parties. 

Meetings of the Subcommittee are jointly convened by the two Permanent Secretaries, acting 
in agreement with the Secretaries of the Cooperation Committee. 

Article 7 

Items for inclusion on the agenda shall be submitted to the Permanent Secretaries a minimum 
of  15  working  days  in  advance  of  the  Subcommittee  meeting  in  question.  Any  supporting 
documentation shall be provided to the Permanent Secretaries a minimum of 10 working days 
in advance. 

Based on these items, a provisional agenda shall be drawn up and forwarded, with available 
supporting documentation, to the Secretaries of the Cooperation Committee, as well as to the 
Permanent Representations of the Member States, not later than five working days before the 
Subcommittee  meeting.  In  exceptional  circumstances,  with  the  written  agreement  of  both 
Permanent Secretaries, items may be added to the agenda at short notice. 

Unless otherwise decided, Subcommittee meetings shall not be public. 

Article 8 

Article 9 

Minutes  shall  be  taken  for  each  meeting.  A  copy  of  the  minutes  and  conclusions  of  each 
Subcommittee meeting shall be transmitted to the Secretaries of the Cooperation Committee. 
Copies shall also be forwarded to the Permanent Representations of the Member States. 

EN 

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