Proposal for a COUNCIL DECISION on the Union position to be adopted in the Association Council established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, in relation to the adoption of the rules of procedure of the Association Council and of the Association Committee, to the establishment of two specialised subcommittees, and to the delegation of certain powers by the Association Council to the Association Committee in Trade configuration
Date: 2014-09-19
Institutions: European Commission
Subjects: Moldova, association agreement (EU), delegation of power, joint body (EU)













EUR-Lex - 52014PC0587 - EN











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52014PC0587

Proposal for a COUNCIL DECISION on the Union position to be adopted in the Association Council established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, in relation to the adoption of the rules of procedure of the Association Council and of the Association Committee, to the establishment of two specialised subcommittees, and to the delegation of certain powers by the Association Council to the Association Committee in Trade configuration /* COM/2014/0587 final - 2014/0273 (NLE) */









EXPLANATORY MEMORANDUM
1.           CONTEXT OF
THE PROPOSAL/BACKGROUND
The attached
proposal constitutes the legal instrument for authorising the Union position to
be adopted in the Association Council established by the Association Agreement
("the Agreement") between the European Union and the Republic of
Moldova, in relation to the adoption of the rules of procedure of the
Association Council and of the Association Committee, the establishment of two
specialised subcommittees, and the delegation of certain powers by the
Association Council to the Association Committee in Trade configuration. 
Negotiations of the comprehensive and
ambitious Association Agreement between the EU and the Republic of Moldova were launched in January 2010. In February 2012, the EU and the Republic of Moldova also launched negotiations on the Deep and Comprehensive Free Trade Area (DCFTA) part,
as a core element of the Association Agreement. On 29 November 2013 the European Union and  the Republic of   Moldova initialled the text of the Agreement.
The Association
Agreement is the most advanced agreement of this type ever negotiated by the EU,
in particular with regard to trade and economic integration, going far beyond a
simple market opening. The aim is to accelerate the deepening of political and
economic relations between the Republic of Moldova and the EU, as well as to
advance the Republic of Moldova's gradual economic integration with the EU
Internal Market in selected areas, notably through establishing a DCFTA.
On 16 June 2014,
the Council adopted its decision [1]
on the signing, on behalf of the European Union and the European Atomic Energy
Community and their Member States, and provisional application of certain
provisions of the Association Agreement, including its Deep and Comprehensive
Free Trade Area (DCFTA) part between the European Union and the European Atomic
Energy Community and their Member States, of the one part, and the Republic of
Moldova, of the other part. Subsequently, the Agreement was signed in Brussels on Friday, 27 June 2014 in the margins of the European Council.  
The Republic of   Moldova ratified the Agreement on 2 July 2014 and completed, in parallel with
the European Union, the requisite notification procedures within the same
month. Consequently, in accordance with Article 464 of the Agreement certain
provisions thereof (specified in Article 4 of the Council Decision on the
signing and provisional application of the Agreement with the Republic of Moldova of 16 June 2014) are applied on a provisional basis starting from 1
September 2014, pending ratification by the EU Member States.
The provisional
application is foreseen in view of keeping mutual economic interests and shared
values in equilibrium, and the common will of the EU and the Republic of Moldova to start implementing and enforcing the eligible parts of the Agreement in
order to advance an early reform impact on sector specific issues before the
conclusion of the Agreement.
2.           RESULTS OF
THE NEGOTIATIONS
Title VII of the
Agreement with the Republic of Moldova provides for the institutional framework
that is necessary for the proper function and the implementation of the
Agreements. The Agreement establishes an Association Council (Article 434(1))
at ministerial level to supervise and monitor the application and
implementation of the Agreement. 
To prepare the
meetings and deliberations of the Association Council, implement the decisions
of the Association Council where appropriate and, in general, ensure continuity
of the association relationship and the proper function of the Agreement an
Association Committee is also established (as per Article 437(1) of the
Agreement). 
The Association
Council as well as the Association Committee 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. Furthermore, the Association Council has
the power to amend or update the Annexes to the Agreement (Article 436(3) of
the Agreement). It may delegate any of its powers to the Association Committee,
including the power to take binding decisions (Article 438(2) of the Agreement)
The Association
Committee shall meet in a specific configuration to address all issues, deriving
from Title V (Trade and Trade-related matters). The DCFTA part of the Agreement
foresees specific subcommittees on sanitary & phytosanitary measures, on customs,
on geographical indicators, and on trade & sustainable development to
assist the Association Committee in Trade configuration with its duties. 
Fora for civil
society and parliamentary cooperation are also foreseen.
With a view to
ensuring smooth and timely implementation of the DCFTA part of the Agreement,
in particular with regard to the updates or amendment of several trade-related
Annexes to the Agreement, it is suggested to delegate such powers by the
Association Council to the Association Committee in Trade configuration. Such
delegation will ensure the necessary link between, and create conditions for a
timely follow-up to, the technical discussions within that Committee on the
implementation of trade-related commitments, including those pertaining to
approximation to the EU acquis by the Republic of Moldova. 
With a view to
completing the institutional framework and allowing for expert level
discussions in the key areas falling within the scope of provisional
application of the Agreements, it is suggested to establish two subcommittees,
designated as follows: 
(1) Subcommittee
on Justice, Freedom & Security (JFS); 
(2) Subcommittee
on Economic and other Sector cooperation. 
The purpose of
the subcommittees is to focus on those topics where concrete results are
expected, rather than to necessarily cover the same agenda of topics year after
year. 
Additional
subcommittees may be established at a later stage, following agreement of the
Parties.
The Association
Agreement foresees a wide range of sector cooperation, focusing on support to
core reforms, economic recovery and growth, governance and sector cooperation
in 28 areas, such as; justice, energy, transport, statistics, environment
protection and promotion, industrial and small and medium enterprise
cooperation, agriculture and rural development, social policies, civil society
cooperation, consumer policy, public administration reform, education, training
and youth as well as cultural cooperation. 
In all of these
areas, enhanced cooperation starts from the basis of current frameworks, both
bilateral and multilateral, with the aim of more systematic dialogue and
exchange of information and good practice. Key to the sectoral cooperation
chapters is a comprehensive menu of gradual approximation, where relevant, with
the EU acquis set out in annexes to the Agreement. Specific schedules
for approximation and implementation by the Republic of Moldova of selected
parts of the EU acquis will provide a focus for on-going cooperation,
and will form the core of the Republic of Moldova's domestic reform and
modernisation agenda. 
Any "regular
dialogues" as frequently referred to in the Agreement may cover all of the
aforementioned policy areas.  The second subcommittee may thus meet in different configurations as the need
arises. This proposal draws on experience with the
Partnership & Cooperation Agreements with the three countries and aims to
streamline the functioning of the subcommittee structure under the Association
Agreement. 
Both the EU and the Republic of   Moldova 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 becomes operational as soon as
possible. In order to facilitate this it will be crucial to proceed rapidly
with the adoption process of the Rules of Procedure for the Association
Council, the Association Committee and the subcommittees so that these can soon
start functioning. It is intended to call the first meeting of the Association
Council with the Republic of Moldova on 20 October 2014, coinciding with the Foreign
Affairs Council in Luxembourg. This timing is of prime importance to the Republic of   Moldova in view of the general elections to be held on 30 November. 
3.           LEGAL
ELEMENTS OF THE PROPOSAL
For the Union, the legal basis for authorising the Union position to be adopted in
the Association Council established by the Association Agreement between the EU
and the Republic of Moldova is the Treaty on the functioning of the European
Union, and in particular its Article 218(9) TFEU. 
In light of the above-mentioned results of negotiations, on
the basis of Article 218(9) TFEU the European Commission proposes that the
Council adopts the Decision authorising the Union position to be adopted in the
first EU-Republic of Moldova Association Council with regard to: 
–                        
the rules of procedure for the Association
Council and the Association Committee,    
–                        
the establishment of two specialised
subcommittees, 
and
–                        
the delegation of certain powers by the
Association Council to the Association Committee in Trade configuration.
2014/0273 (NLE)
Proposal for a
COUNCIL DECISION
on the Union position to be adopted in the
Association Council established by the Association Agreement between the
European Union and the European Atomic Energy Community and their Member
States, of the one part, and the Republic of Moldova, of the other part, in
relation to the adoption of the rules of procedure of the Association Council
and of the Association Committee, to the establishment of two specialised
subcommittees, and to the delegation of certain powers by the Association
Council to the Association Committee in Trade configuration
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 the proposal from the
Commission,
Whereas:
(1)       Article 464of the Association
Agreement (”the Agreement”) between the European Union and the European Atomic
Energy Community and their Member States, of the one part, and the Republic of
Moldova, of the other part provide for provisional application of the Agreement
in part.
(2)       Article 4 of the Council
Decision of 23 June 2014 on the signing and provisional application of the
Agreement specifies certain provisions of the Agreement to be applied
provisionally.
(3)       Article 435(2) of the
Agreement provides that the Association Council shall establish its own rules
of procedure. 
(4)       Article 435(3) of the
Agreement provides that the Association Council shall be chaired in turn by a
representative of the Union and a representative of the Republic of Moldova.
(5)       Article 437(1) of the
Agreement provides that the Association Council shall be assisted in the
performance of its duties by an Association Committee while Article 438(1)
provides that the Association Council shall determine in its rules of procedure
the duties and functioning of the Association Committee. 
(6)       Article 439(2) provides
that the Association Council may decide to set up any other specialised
sub-committee or body in specific areas necessary for the implementation of the
Agreement that can assist it in carrying out its duties. 
(7)       The Association Council is
responsible for supervising and monitoring the application and implementation
of the Agreement. The Association Council may delegate to the Association
Committee any of its powers, including the power to take binding decisions. It
is appropriate that the Association Council delegates to the Association
Committee in Trade configuration, as referred to in Article 438(4) of the
Agreement, the power to update or amend the Annexes to this Agreement which
relate to Chapters 1, 3, 5, 6 and 8 of Title IV (Trade and Trade‑related
Matters), pursuant to Articles 436(3) and 438(2) of the Agreement to the extent
that there are no specific provisions in those Chapters relating to the update
or the amendment of the Annexes in this Agreement.
HAS ADOPTED THIS DECISION:
Article 1
1.         The position to be adopted by the Union in the
Association Council established by Article 434 of the Association Agreement
between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, shall be hereby
established in relation to:
–              
the adoption of the rules of procedure of the
Association Council and of the Association Committee, 
–              
the establishment of specialised subcommittees
and the adoption of their terms of reference, 
and
–              
the delegation of certain powers by the
Association Council to the Association Committee in Trade configuration under
the terms of the draft Association 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 Association Council without further
decision of the Council.
Article 2
The Association Council shall be shared on
the Union side by the High Representative of the Union for Foreign Affairs and
Security Policy.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               OJ L260 of 30.08.2014
ANNEX 1
DECISION No 1/2014 OF THE
EU-Republic of MOLDOVA ASSOCIATION COUNCIL
of … 2014
adopting its rules of procedure and those of the Association Committee

THE EU-MOLDOVA ASSOCIATION COUNCIL, 
Having regard to the Association Agreement
between the European Union and the European Atomic Energy Community and their
Member States, of the one part, and the Republic of Moldova, of the other part,
(hereinafter referred to as ‘the Agreement’) and in particular Article 434
thereof,
Whereas:
(1)                   
In accordance with its Article 464, parts of the
Agreement are applied provisionally as of 1 September 2014. 
(2)                   
Article 435(2) of the Agreement provides that
the Association Council shall establish its rules of procedure. 
(3)                   
Article 437(1) of the Agreement provides that
the Association Council shall be assisted in the performance of its duties by
an Association Committee while Article 438(1) provides that the Association
Council shall determine in its rules of procedure the duties and functioning of
the Association Committee. 
HAS DECIDED AS FOLLOWS: 
Sole
Article
The Rules of Procedure of the Association
Council and those of the Association Committee, as set out in Appendices A and
B respectively, are hereby adopted.
Done at …, ….. 
   || For The European Union For The Republic of Moldova 
APPENDIX
A
Rules of Procedure of the Association Council
EU-Republic of Moldova AA-DCFTA
Article 1
General
provisions
1.           The Association Council established in accordance with
Article 434(1) of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other
(hereinafter referred to as the “Agreement”) shall perform its duties as
provided for in Articles 434 and 436 of the Agreement.  
2.           As provided for in Article 435(1) of the Agreement, the
Association Council shall be composed of members of the Council of the European
Union and members of the European Commission, of the one part, and of members
of the Government of the Republic of Moldova, of the other. The composition of
the Association Council shall take into consideration the specific issues to be
addressed at any given meeting. Where appropriate and agreed by both parties,
the Association Council shall meet at Head of State or Government level.  
3.           As provided for in Article 436(1) of the Agreement, for
the purpose of attaining the objectives thereof, the Association Council shall
have the power to take decisions that are binding upon the Parties. The
Association Council shall take appropriate measures for the implementation of
its decisions, including, if necessary, by empowering specific bodies
established under this Agreement to act on its behalf. The Association Council
may also make recommendations. It shall adopt its decisions and recommendations
by agreement between the Parties after the completion of the respective
internal procedures. The Association Council may delegate its powers to the
Association Committee.
4.           The Parties in these Rules of Procedure are those as
defined in Article 461 of the Agreement
Article 2
Chairmanship
The Parties shall hold the Chair of the Association Council, alternately, for a
period of 12 months. The first period shall begin on the date of the first
Association Council meeting and end on 31 December of the same year.
Article 3
Meetings
1.           The Association Council shall meet at least once a
year, and when circumstances require, by mutual agreement.  
2.           Each session of the Association Council shall be held
at a date agreed by the Parties.
3.           The meetings of the Association Council shall be
convened jointly by the Secretaries of the Association Council, in agreement
with the Chair of the Association Council not later than 30 days before the
date of the meeting.
Article 4
Representation
1.           The members of the Association Council may be
represented if unable to attend. If a member wishes to be so represented, they
must notify in writing the Chair of the name of their representative before the
meeting at which they are to be so represented.
2.           The representative of a member of the Association
Council shall exercise all the rights of that member.
Article 5
Delegations
1.           The members of the Association Council may be
accompanied by officials. Before each meeting, the Chair shall be informed,
through the Secretariat, of the intended composition of the delegation of each
Party.
2.           The Association Council may, by agreement between the
Parties, invite representatives of other bodies of the Parties or independent
experts in a subject area to attend its meetings as observers or in order to
provide information on particular subjects. The Parties shall agree on the
terms and conditions under which these observers may attend the meetings. 
Article 6
Secretariat
An official of the General Secretariat of
the Council of the European Union and an official of the Republic of Moldova shall act jointly as Secretaries of the Association Council.
Article 7
Correspondence
1.           Correspondence addressed to the Association Council
shall be directed to the Secretary of either the Union or of the Republic of   Moldova, who in turn will inform the other Secretary. 
2.           The Secretariat shall ensure that correspondence is
forwarded to the Chair and, where appropriate, circulated to the Association
Council. 
3.           The Secretariat shall send the correspondence, as
appropriate, to the General Secretariat of the European Commission, the
European External Action Service, the Permanent Representations to the European
Union of the Member States and to the General Secretariat of the Council of the
European Union, as well as to the Mission of the Republic of Moldova to the
European Union, with copy, as applicable, to the ministry responsible for
foreign affairs or the ministry responsible for trade and trade-related matters
in the Republic of Moldova.
4.           Communications from the Chair of the Association
Council shall be sent to the addressees by the Secretariat on behalf of the
Chair of the Association Council. Such communications shall be circulated,
where appropriate, to the members of the Association Council as provided for in
the third paragraph. 
Article 8
Confidentiality
Unless otherwise decided by the Parties,
the meetings of the Association Council shall not be public. When a Party
submits to the Association Council information designated as confidential, the
other Party shall treat that information as such.
Article 9
Agendas
for the meetings
1.           The Chair shall draw up a provisional agenda for each
meeting. It shall be dispatched by the Secretaries of the Association Council
to the addressees referred to in Article 7 of the Rules of Procedure not later
than 15 calendar days before the meeting. 
The provisional
agenda shall include the items in respect of which the Chair has received a
request for inclusion in the agenda not later than 21 calendar days before the
beginning of the meeting. Such items shall not be written into the provisional
agenda unless the relevant supporting documents have been sent to the
Secretaries before the date of dispatch of the agenda. 
2.           The agenda shall be adopted by the Association 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 Parties so agree. 
3.           The Chair may reduce, in consultation with the Parties,
the time periods specified in paragraph 1 in order to take account of the
requirements of a particular case. 
Article 10
Minutes
1.           Draft minutes of each meeting shall be drawn up jointly
by the two Secretaries. 
2.           The minutes shall, as a general rule, indicate in
respect of each item on the agenda: 
(a)     the documentation submitted to the Association Council; 
(b)     statements which a member of the Association Council has
asked to be entered; and
(c)     issues agreed to by the Parties, such as decisions adopted,
the statements agreed upon and any conclusions, among others. 
3.           The draft minutes shall be submitted to the Association
Council for approval within 20 calendar days after each Association Council
meeting.. They shall be approved within 45 calendar days after each Association
Council meeting. Once approved, the minutes shall be signed by the Chair and
the two Secretaries. A certified true copy shall be sent to each of the
addressees referred to in Article 7 of the Rules of Procedure. 
Article 11
Decisions
and recommendations
1.           The Association Council shall take decisions and make
recommendations by mutual agreement between the Parties. Each decision or
recommendation  shall be signed by the Union and by the Republic of Moldova.
2.           The Association Council may also take decisions or make
recommendations by written procedure if the Parties so agree. For this purpose,
the text of the proposal shall be circulated in writing by the Chair of the
Association Council to its members pursuant to Article 7 of the Rules of
Procedure, with a time limit of no less than 21 calendar days within which
members must make known any reservations or amendments they wish to make. The
Chair may reduce, in consultation with the Parties, the aforementioned time
limit in order to take account of the requirements of a particular case. 
3.           Once the text is agreed to, the decision or
recommendation shall be signed independently and successively by the Union and
by the Republic of Moldova. The acts of the Association Council shall be entitled ‘Decision’ or ‘Recommendation’ respectively within the meaning of Article 436(1) of the Agreement. The Secretariat of the Association Council shall give any decision
or recommendation a serial number, the date of adoption and a description of
their subject-matter. Each decision shall provide for the date of its entry
into force.
4.           The decisions and recommendations of the
Association Council shall be authenticated by the two Secretaries. 
5.           The decisions and recommendations shall be circulated
to each of the addressees referred to in Article 7 of these rules of Procedure.

6.           Each Party may decide to order publication of the
decisions and recommendations of the Association Council in its respective
official publication. 
Article 12
Languages
1.           The
official languages of the Association Council shall be the official languages
of the Parties.
2.           Unless otherwise decided, the Association Council shall
normally base its deliberations on documentation prepared in these languages. 
Article 13
Expenses
1.           Each Party shall meet any expenses it incurs as a
result of participating in the meetings of the Association Council, both with
regard to staff, travel and subsistence expenditure and with regard to postal
and telecommunications expenditure. 
2.           Expenditure
in connection with interpretation at meetings, translation and reproduction of
documents shall be borne by the European Union. In the event that the Republic of Moldova requires interpretation or translation into and from languages other than
those provided for in Article 12 of these Rules of Procedure, expenses related
thereto shall be borne by the Republic of Moldova.
3.           Other expenditure relating to the material organisation
of meetings shall be borne by the Party which hosts the meetings.
Article 14
Association
Committee
1.           In accordance with Article 437(1) of the Agreement, the
Association Council shall be assisted in carrying out its duties by the
Association Committee. The Committee shall be composed of representatives of
the Union of the one part, and of representatives of the Republic of Moldova, of the other, at a level determined by the Agreement.
2.           The Association Committee shall prepare the meetings
and the deliberations of the Association Council, implement the decisions of
the Association Council where appropriate and, in general, ensure continuity of
the association relationship and the proper functioning of the Agreement. It
shall consider any matter referred to it by the Association Council as well as
any other matter which may arise in the course of the implementation of the
Agreement. It shall submit proposals or any draft decisions/recommendations to
the Association Council for its approval. In accordance
with Article 438(2) of the Agreement, the Association Council may empower the
Association Committee to take decisions. 
3.           The Association Committee shall take the decisions and
make the recommendations it is empowered for in the Agreement.
4.           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 Association Committee, except as otherwise
specified in the Agreement. The consultation may continue in the Association
Council if the two Parties so agree.
Article 15
Amendment
of Rules of Procedure
These Rules of Procedure may be amended in
accordance with Article 11 above.
APPENDIX
B
Rules of Procedure of the Association Committee and
Sub-Committees
EU-Republic of Moldova AA-DCFTA
Article 1
General
provisions
1.           The Association Committee that is established in
accordance with Article 437(1) of the Association Agreement between the
European Union and the European Atomic Energy Community and their Member
States, of the one part, and the Republic of Moldova, of the other (hereinafter
referred to as the “Agreement”) shall assist the
Association Council in the performance of its duties and functions and perform the tasks provided for in this Agreement and assigned to it
by the Association Council. Pursuant to Article 438(1) the Association Council
shall determine in its rules of procedure the duties and functioning of the
Association Committee. 
2.           The Association Committee shall prepare the meetings
and the deliberations of the Association Council, implement the decision of the
Association Council where appropriate and, in general, ensure continuity of the
association relationship and the proper functioning of the Association
Agreement. It shall consider any matter referred to it by the Association
Council as well as any other matter which may arise in the course of the
day-to-day implementation of the Association Agreement. It shall submit
proposals or any draft decisions or recommendations for adoption to the
Association Council. 
3.           As provided for in Article 437(2) of the Agreement, the
Association Committee shall be composed of representatives of the Union and
representatives of the Republic of Moldova, in principle at senior civil
servant level, who have competence over the specific issues to be addressed at
any given meeting. 
4.           Pursuant to Article 438(4) of the Agreement, when the
Association Committee in trade configuration performs the tasks conferred upon
it in Title V of the Agreement, it shall be composed of senior officials of the
European Commission and of the Republic of Moldova having responsibility for
trade and trade-related matters. A representative of the European Commission or
of the Republic of Moldova having responsibility for trade and trade-related
matters shall act as Chair in accordance with Article 2 below. The meetings
will also be attended by a representative of the European External Action
Service.
5.           As provided for in Article 438(3) of the Agreement the
Association Committee shall have the power to adopt decisions in the cases
provided for in the Agreement and in areas in which the Association Council has
delegated powers to it. These decisions shall be binding upon the Parties,
which shall take appropriate measures to implement them. The Association
Committee shall adopt its decisions by agreement between the Parties after the
completion of the respective internal procedures for their adoption.
6.           The Parties in these Rules of Procedure shall be
defined as provided for in Article 461 of the Agreement. 
Article 2
Chairmanship
The Parties shall hold the Chair of the Association Committee, alternately, for
a period of 12 months. The first period shall begin on the date of the first
Association Committee meeting and end on 31 December of the same year.
Article 3
Meetings
1.           Save as otherwise agreed by the Parties, the
Association Committee shall meet regularly, at least once a year. Special
sessions of the Association Committee may be held if the Parties so agree, at
the request of either Party. 
2.           Each meeting of the Association Committee shall be
convened by the Chair at a date and place agreed by the Parties. The notice of
convening the meeting shall be issued by the Secretariat of the Association
Committee no later than 28 calendar days prior to the start of the meeting,
unless the Parties agree otherwise.
3.           The Association Committee in
trade configuration shall meet at least once a year and when circumstances
require. Each meeting shall be convened by the Chair of
the Association Committee in Trade confirguration at a date, location and means
agreed by the Parties. The notice convening the meeting shall be issued by the
Secretariat of the Association Committee in Trade configuration no later than
15 calendar days prior to the start of the meeting, unless the Parties agree
otherwise.
4.           Whenever possible, the regular meeting of the
Association Committee shall be convened in due time in advance of the regular
meeting of the Association Council.
5.           By way of exception and if the Parties agree, the
meetings of the Association Committee may be held by any agreed technological
means
such as video-conference.
Article 4
Delegations
Before each meeting, the Parties shall be
informed, through the Secretariat, of the intended composition of the
delegations attending the meeting on either side.
Article 5
Secretariat
1.         An official of the Union and an official of the Republic
of Moldova shall act jointly as Secretaries of the Association Committee and
shall execute secretarial tasks in a joint manner unless these Rules of
Procedure otherwise provide, in a spirit of mutual trust and cooperation.  
2.         An official of the European Commission and an official of
the Republic of Moldova having responsibility for trade
and trade-related matters shall act jointly as Secretaries of the Association
Committee in Trade configuration.
Article 6
Correspondence
1.           Correspondence addressed to the Association Committee
shall be directed to the Secretary of either of the Parties, who in turn will
inform the other Secretary. 
2.           The Secretariat shall ensure that correspondence
addressed to the Association Committee is forwarded to the Chair of the
Committee and circulated, where appropriate, as documents referred to in
Article 7 of these Rules of Procedure.
3.           Correspondence from the Chair of the Association
Committee shall be sent to the Parties by the Secretariat to the addressees on
behalf of the Chair of the Association Committee. Such correspondence shall be
circulated, where appropriate, as provided for in Article 7 of these Rules of
Procedure.
Article
7
Documents
1.           Documents shall be circulated through the Secretaries.
2.           A Party shall transmit its documents to its Secretary.
The Secretary shall transmit those documents to the Secretary of the other
Party. 
3.           The Secretary of the Union shall circulate the
documents to the responsible representatives of the
Union and shall copy systematically the Secretary of
the Republic of Moldova in such correspondence.
4.           The Secretary of the Republic of Moldova shall
circulate the documents to the responsible representatives of the Republic of Moldova and shall copy systematically the Secretary of the Union in such correspondence.
Article 8
Confidentiality
Unless otherwise decided between the
Parties, the meetings of the Association Committee shall not be public. When a
Party submits to the Association Committee information designated as
confidential, the other Party shall treat that information as such.
Article 9
Agendas
for the Meetings
1.           A provisional agenda for each meeting as well as draft
Operational Conclusions as provided for in Article 10 hereunder shall be drawn
up by the Secretariat of the Association Committee on the basis of proposals
made by the Parties. The provisional agenda shall include items in respect of
which the Secretariat of the Association Committee has received a request for
inclusion in the agenda by a Party, supported by relevant documents, no later
than 21 calendar days before the meeting date.
2.           The provisional agenda, together with the relevant
documents, shall be circulated as provided for in Article 7 no later than 15
calendar days before the beginning of the meeting. 
3.           The agenda shall be adopted by the Association
Committee at the beginning of each meeting. Items other than those appearing on
the provisional agenda may be placed on the agenda if the Parties so agree. 
4.           The Chair of the meeting of the Association Committee
may, upon agreement of the other Party, invite representatives of other bodies
of the Parties or independent experts in a subject-area on an ad-hoc
basis to attend its meetings in order to provide information on specific
subjects. The Parties shall ensure that those observers or experts respect any
confidentiality requirements.
5.           The Chair of the meeting of the Association Committee
may reduce, in consultation with the Parties, the time periods specified in
paragraphs 1 and 2 in order to take account of special circumstances. 
Article 10
Minutes and Operational Conclusions
1.           Draft minutes of each meeting shall be drawn up jointly
by the two Secretaries. 
2.           The minutes shall, as a general rule, indicate in
respect of each item on the agenda: 
(a)      a list of participants in the meeting, a list of officials
accompanying them and a list of any observers or experts who attended the
meeting; 
(b)     the documentation submitted to the Association Committee; 
(c)     statements which the Association Committee has asked to be
entered; and
(d)     Operational Conclusions from the meeting, as provided in
paragraph (4). 
3.           The draft minutes shall be submitted to the Association
Committee for approval. They shall be approved within 28 calendar days after
each Association Committee meeting. Once approved, the minutes shall be signed
by the Chair and the two Secretaries. A certified true copy shall be sent to
each of the addressees referred to in Article 7 of the Rules of Procedure. 
4.           Draft Operational Conclusions of each meeting shall be
drawn up by the Secretary of the Association Committee of the Party holding the
Chairmanship, and circulated to the Parties together with the agenda, normally
no later than 15 calendar days before the beginning of the meeting. This draft
shall be updated as the meeting proceeds so that at the end of the meeting,
unless agreed otherwise by the Parties, the Association Committee adopts the
Operational Conclusions, reflecting the follow-up actions by the Parties.. Once
agreed, the Operational Conclusions shall be attached to the minutes and their 
implementation shall be reviewed during any subsequent meeting of the
Association Committee. To that end the Association Committee shall adopt a
template, allowing for each action point to be tracked against a specific
deadline. 
.              
Article 11
Decisions
and recommendations
1.           In the specific cases where the Agreement confers the
power to take decisions or where such power has been delegated to it by the
Association Council, the Association Committee shall take decisions. It shall
also make recommendations. Decisions and recommendations shall be made by
mutual agreement between the Parties. Each decision or recommendation shall be
signed by a representative of both Parties. Without prejudice to paragraph 2,
the representatives shall sign these documents during the meeting in which the
relevant decision or recommendation is adopted.  
2.           The Association Committee may take decisions or make
recommendations by written procedure if the Parties so agree. The written
procedure shall consist of an exchange of notes between the two Secretaries,
acting in agreement with the Parties. For this purpose, the text of the
proposal shall be circulated pursuant to Article 7, with a time limit of no
less than 21 calendar days within which any reservations or amendments must be
made known. The Chair of the Association Committee may reduce, in consultation
with the Parties, the time periods specified in this paragraph in order to take
account of special circumstances. Once the text is agreed, the decision or
recommendation shall be signed independently and successively by a
representative of each Party.
3.           The acts of the Association Committee shall be entitled
‘Decision’ or ‘Recommendation’ respectively. Each decision shall provide for
the date of its entry into force.
4.           The decisions and recommendations of the
Association Commitee shall be authenticated by the two Secretaries. 
5.           The decisions and recommendations shall be circulated
to both Parties. 
6.           Each Party may decide on the publication of the
decisions and recommendations of the Association Committee in its respective
official publication.
Article 12
Reports
The Association Committee shall report to
the Association Council on its activities and those of its Sub-Committees,
Working Groups and other bodies at each regular meeting of the Association
Council. 
Article 13
Languages

1.           The official languages of the Association Committee
shall be English and Romanian.  
2.           Unless otherwise decided, the Association Committee
shall base its deliberations on documentation prepared in both of these languages. 
Article 14
Expenses
1.           Each Party shall meet any expenses it incurs as a
result of participating in the meetings of the Association Committee, both with
regard to staff, travel and subsistence expenditure and with regard to postal and telecommunications expenditure. 
2.           Expenditure in connection with the organisation of
meetings and reproduction of documents shall be borne by the Party hosting the meeting. 
3.           Expenditure in connection with interpreting at meetings
and translation of documents into or from English and Romanian as referred to
in Article 13(1) of these Rules of Procedure shall be borne by the Party
hosting the meeting. 
Interpreting and
translation into or from other languages shall be borne directly by the
requesting Party.
Article 15
Amendment
of Rules of Procedure
These
Rules of Procedure may be amended by a decision of the Association Council in
accordance with Article 438(1). 
Article
16
Sub-Committees
and specialised Working Groups
1.           In accordance with Article 439(2) of the Agreement, the
Association Committee may decide to create Sub-Committees or any special
committee or body, in specific areas necessary for the implementation of the
Agreement other than provided for in the Agreement, to assist it in the
performance of its duties. The Association Committee may decide to abolish any
such Sub-Committee, special committee or body, define or amend their terms of
reference. Unless otherwise decided, these sub-committees shall work under the
authority of the Association Committee, to which they shall report after each
of their meetings. 
2.           Unless otherwise provided for by the Agreement or
agreed in the Association Council, the present rules of procedures shall be
applied mutatis mutandis to any Sub-Committee, special committee or body
as provided for under (1) above. 
3.         The meetings of the subcommittees created under the
Agreement may be held flexibly as the need arises, in person, either in Brussels or in the partner country or e.g. by videoconference. The subcommittees should be
the platform to monitor the progress on approximation in specific areas, to
discuss certain issues and challenges arising from this process and to
formulate recommendations and operational conclusions.
4.         The Secretariat of the Association Committee shall be in
copy of all relevant correspondence, documents and communications pertaining to
a subcommittee, special committee or body as provided for under (1) above. 
4.         Unless otherwise provided for in the Agreement or agreed
by the Parties within the Association Council, the Sub-Committees, special
committee or bodies shall only have the power to make recommendations to the
Association Committee.
Article
17
These Rules of Procedure shall apply to the
Association Committee in Trade configuration mutandis mutatis, unless
otherwise provided. 
ANNEX II
DECISION
No 2/2014 OF THE EU-Republic of MOLDOVA ASSOCIATION COUNCIL
of
.. 2014
on
the establishment of two specialised subcommittees 
THE EU-Republic of MOLDOVA ASSOCIATION COUNCIL,
Having regard to the Association Agreement
between the European Union and the European Atomic Energy Community and their
Member States, of the one part, and The Republic of Moldova, of the other part,
(‘the Agreement’) and in particular Article 439 thereof,
Whereas:
(1)          In accordance with its Article 465, parts of the
Agreement are applied provisionally as of 1 September 2014. 
(2)          Article 439(2) provides that the Association Council
may decide to set up any other specialised sub-committee or body in specific
areas necessary for the implementation of the Agreement that can assist it in
carrying out its duties. 
(3)          In order to allow for expert level discussions on the
key areas falling within scope of the provisional application of the Agreement,
two 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.
HAS ADOPTED THIS DECISION:
Sole
Article
The subcommittees listed in Appendix A are
hereby established. The Rules of Procedure of the subcommittees are governed by
Article 16 of the Rules of Procedure of the Association Committee and
sub-committees of the EU-Moldova Association Agreement as adopted by Decision
No 1/2014 of the EU-Moldova Association Council.  
Done at,
The European Union                                                  the
  Republic of Moldova
Appendix A to ANNEX II
EU-Republic of Moldova Association Council
Subcommittees established:
(1)          Subcommittee on Justice, Freedom & Security; 
(2)          Subcommittee on Economic and other Sector cooperation. 
ANNEX
III
DECISION
No 3/2014 OF THE EU-Republic of Moldova ASSOCIATION COUNCIL
of
.. 2014
on
the delegation of certain powers by the Association Council to the Association
Committee in Trade configuration 
THE EU-REPUBLIC OF MOLDOVA ASSOCIATION COUNCIL,
Having regard to the Association Agreement
between the European Union and the European Atomic Energy Community and their
Member States, of the one part, and the Republic of Moldova, of the other part,
(‘the Agreement’) and in particular Articles 436(3) and 438(2) thereof,
Whereas:
(1)          Parts of the Agreement are applied provisionally as of
1 September 2014, pursuant to Article 464 of the Agreement. 
 (2)         The Association Council is
responsible for supervising and monitoring the application and implementation
of the Agreement. 
(3)          The Association Council may delegate to the Association
Committee any of its powers, including the power to take binding decisions
pursuant to Article 438(2) of the Agreement.
 (4)         The Association Committee in Trade configuration
addresses all issues related to Title V (Trade and Trade-related Matters) as
specified in Article 438(4) of the Agreement. 
(5)          In order to ensure smooth and timely implementation of
the DCFTA part of the Agreement, it is appropriate that
the Association Council delegates to the Association Committee in Trade
configuration the power to update or amend the Annexes to this Agreement which
relate to Chapters 1, 3, 5, 6 and 8 of Title V (Trade and Trade‑related
Matters) of this Agreement to the extent that there are no specific provisions
in those Chapters relating to the update or the amendment of those Annexes in
this Agreement.    
HAS ADOPTED THIS DECISION:
Sole Article

The Association Council delegates to the
Association Committee in Trade configuration, as referred to in Article 438(4)
of the Agreement, the power to update or amend the Annexes which relate to
Chapters 1, 3, 5, 6 and 8 of Title V (Trade and Trade‑related Matters) of
this Agreement, to the extent that there are no specific provisions in those
Chapters relating to the update or the amendment of those Annexes in this
Agreement.  
The European Union                                                  the
  Republic of Moldova