Council Decision (EU) 2015/1900 of 5 October 2015 establishing the position to be taken on behalf of the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, concerning a Decision of the Stabilisation and Association Council adopting its rules of procedure
Date: 2015-10-05
Institutions: Council of the European Union
Subjects: Bosnia and Herzegovina, rules of procedure, stabilisation and association agreement




L_2015277EN.01001701.xml










22.10.2015   


EN


Official Journal of the European Union


L 277/17








            COUNCIL DECISION (EU) 2015/1900
of 5 October 2015
         
establishing the position to be taken on behalf of the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, concerning a Decision of the Stabilisation and Association Council adopting its rules of procedure


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 in conjunction with Article 218(9) thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


Article 115 of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part (‘the Agreement’), establishes a Stabilisation and Association Council.












(2)


Article 116 of the Agreement provides that the Stabilisation and Association Council is to adopt its own rules of procedure.












(3)


Article 118 of the Agreement provides that the Stabilisation and Association Council is to be assisted by a Stabilisation and Association Committee (‘the Committee’).












(4)


Article 118 of the Agreement also provides that the Stabilisation and Association Council is to, in its rules of procedure, determine the duties of the Committee and that the Stabilisation and Association Council may delegate any of its powers to the Committee.












(5)


Article 120 of the Agreement provides that the Stabilisation and Association Council may decide to set up other special committees or bodies that can assist it in carrying out its duties. It further provides that the Stabilisation and Association Council is to, in its rules of procedure, determine the composition and the duties of such committees and bodies and how they are to function,





HAS ADOPTED THIS DECISION:



Sole Article
The position to be adopted on behalf of the European Union, within the Stabilisation and Association Council established by Article 115 of the Agreement in relation to a Decision of this Stabilisation and Association Council adopting its rules of procedure, shall be based on the draft Decision of the Stabilisation and Association Council, attached to this Decision.
Minor amendments to this draft Decision may be accepted without further decision by the Council.




Done at Luxembourg, 5 October 2015.


For the Council


The President

N. SCHMIT
            








DECISION No 1 OF THE EU — BOSNIA AND HERZEGOVINA STABILISATION AND ASSOCIATION COUNCIL
of [date]
adopting its rules of procedure


THE STABILISATION AND ASSOCIATION COUNCIL,

Having regard to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part (‘the Agreement’), and in particular Articles 115, 116, 118 and 120 thereof,


Whereas the Agreement entered into force on 1 June 2015,

HAS ADOPTED THIS DECISION:



Article 1

Chairmanship

The Parties shall hold the chairmanship of the Stabilisation and Association Council alternately for a period of 12 months. The first period shall begin on the date of the first Stabilisation and Association Council meeting and end on 31 December of the same year.


Article 2

Meetings

The Stabilisation and Association Council shall meet at ministerial level once a year. Special sessions of the Stabilisation and Association 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 Stabilisation and Association 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 Stabilisation and Association Council shall be jointly convened by the Secretaries of the Stabilisation and Association Council in agreement with the Chair.


Article 3

Representation

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


Article 4

Delegations

The members of the Stabilisation and Association 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 Stabilisation and Association Council, as an observer, when matters which concern the Bank appear on the agenda. The Stabilisation and Association Council may invite non-members to attend its meetings in order to provide information on particular subjects.


Article 5

Secretariat

An official of the General Secretariat of the Council of the European Union and an official of the Mission of Bosnia and Herzegovina to the European Union shall act jointly as Secretaries of the Stabilisation and Association Council.


Article 6

Correspondence

Correspondence addressed to the Stabilisation and Association Council shall be sent to the Chair of the Stabilisation and Association Council at the address of the General Secretariat of the Council of the European Union.
The two Secretaries shall ensure that correspondence is forwarded to the Chair of the Stabilisation and Association Council and, where appropriate, circulated to other members of the Stabilisation and Association Council. Correspondence circulated shall be sent to the Secretariat-General of the Commission, the European External Action Service, the Permanent Representations of the Member States and the Mission of Bosnia and Herzegovina to the European Union.
Communications from the Chair of the Stabilisation and Association Council shall be sent to the addressees by the two Secretaries and circulated, where appropriate, to the other members of the Stabilisation and Association Council referred to in the second paragraph.


Article 7

Publicity

Unless otherwise decided, the meetings of the Stabilisation and Association 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 Stabilisation and Association 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 despatch of the agenda. The agenda shall be adopted by the Stabilisation and 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 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 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 Stabilisation and Association Council,










—


statements requested for entry by a member of the Stabilisation and Association Council,










—


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




The draft minutes shall be submitted to the Stabilisation and Association 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 Association. A certified copy shall be forwarded to each of the addressees referred to in Article 6.


Article 10

Decisions and recommendations


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


2.   The decisions and recommendations of the Stabilisation and Association Council, within the meaning of Article 117 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 Stabilisation and Association Council shall be signed by the Chair and authenticated by the two Secretaries. Decisions and recommendations shall be forwarded to each of the addressees referred to in Article 6. Each Party may decide on the publication of decisions and recommendations of the Stabilisation and Association Council in its respective official publication.



Article 11

Languages

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


Article 12

Expenses

The European Union and Bosnia and Herzegovina shall each defray the expenses they incur by reason of their participation in the meetings of the Stabilisation and Association 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 as well as other expenditure relating to the organisation of meetings shall be borne by the Party hosting the meetings.


Article 13

Stabilisation and Association Committee


1.   A Stabilisation and Association Committee (‘the Committee’) is hereby established in order to assist the Stabilisation and Association Council in carrying out its duties. It shall be composed of representatives of the Council of the European Union and of representatives of the European Commission, on the one hand, and of representatives of the Council of Ministers of Bosnia and Herzegovina on the other, normally at senior civil servant level.


2.   The Committee shall prepare the meetings and the deliberations of the Stabilisation and Association Council, implement the decisions of the Stabilisation and 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 Stabilisation and Association 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 or recommendations for adoption to the Stabilisation and Association Council.


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


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





Done at


For the Stabilisation and Association Council


The Chair







ANNEX to DECISION No 1 OF THE EU — BOSNIA AND HERZEGOVINA STABILISATION AND ASSOCIATION COUNCIL
of [date]

Rules of Procedure of the Stabilisation and Association Committee


Article 1
Chairmanship
The Parties shall hold the chairmanship of the Committee alternately for a period of 12 months. The first period shall begin on the date of the first Stabilisation and Association Council meeting and end on 31 December of the same year.


Article 2
Meetings
The Committee shall meet when circumstances require, with the agreement of both Parties. Each meeting of the Committee shall be held at a time and place agreed by both Parties. Meetings of the Committee shall be convened by the Chair.


Article 3
Delegations
Before each meeting, the Chair shall be informed of the intended composition of the delegation of each Party.


Article 4
Secretariat
An official of the European Commission and an official of Bosnia and Herzegovina shall act jointly as Secretaries of the Committee. All communications to and from the Chair of the Committee provided for in this Decision shall be forwarded to the Secretaries of the Committee and to the Secretaries and the Chair of the Stabilisation and Association Council.


Article 5
Publicity
Unless otherwise decided, the meetings of the Committee shall not be public.


Article 6
Agendas for meetings

1.   The Chair shall draw up a provisional agenda for each meeting. It shall be forwarded by the Secretaries of the Committee to the addressees referred to in Article 4 not later than 30 working 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 35 working days before the beginning of the meeting, although items shall not be written into the provisional agenda unless the supporting documentation has been forwarded to the Secretaries not later than the date of dispatch of the agenda. The Committee may ask experts to attend its meetings in order to provide information on particular subjects. The agenda shall be adopted by the 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 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 7
Minutes
Minutes shall be taken for each meeting and shall be based on a summing up by the Chair of the conclusions arrived at by the Committee. When approved by the Committee, the minutes shall be signed by the Chair and by the Secretaries and filed by each of the Parties. A copy of the minutes shall be forwarded to each of the addressees referred to in Article 4.


Article 8
Decisions and recommendations
In the specific cases where the Committee is empowered by the Stabilisation and Association Council under Article 118 of the Agreement to take decisions or make recommendations, these acts shall be entitled respectively ‘Decision’ and ‘Recommendation’, followed by a serial number, the date of their adoption and a description of their subject matter. Decisions and recommendations shall be made by common agreement between the Parties. The Committee may take decisions or make recommendations by written procedure if both Parties so agree. The decisions and recommendations of the 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. Each Party may decide on the publication of the decisions and recommendations of the Committee in its respective official publication.


Article 9
Expenses
The European Union and Bosnia and Herzegovina shall each defray the expenses they incur by reason of their participation in the meetings of the 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 as well as other expenditure relating to the organisation of meetings shall be borne by the Party hosting the meetings.


Article 10
Subcommittees and special groups
The Committee may create subcommittees or special groups to work under its authority. They shall report to the Committee after each of their meetings. The Committee may decide to abolish any existing subcommittees or groups, lay down or modify their terms of reference or set up further subcommittees or groups to assist it in carrying out its duties. Those subcommittees and groups shall not have any decision-making powers.







ANNEX

for the information of the council only


          
      



DRAFT

DECISION No 1/2015 OF THE EU — BOSNIA AND HERZEGOVINA STABILISATION AND ASSOCIATION COMMITTEE
of […] 2015
creating subcommittees and special groups


THE STABILISATION AND ASSOCIATION COMMITTEE,

Having regard to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, and in particular Article 119 thereof,


Having regard to its rules of procedure, and in particular Article 10 thereof,

HAS ADOPTED THIS DECISION:



Sole Article
The subcommittees and special groups listed in Annex I are hereby created. Their terms of reference are set out in Annex II.




Done at …, on day/month 2015.


For the Stabilisation and Association Committee


The Chair







ANNEX I

EU — BOSNIA AND HERZEGOVINA STABILISATION AND ASSOCIATION AGREEMENT


Multidisciplinary Subcommittee Structure








Title


Issues


Agreement Article










1.


Trade, Industry, Customs and Taxation






Free Movement of Goods


Art. 18




Industrial Products


Art. 19-23




Commercial questions


Art. 32-46




Standardisation, metrology, accreditation, certification, conformity assessment, and market surveillance


Art. 75




Industrial co-operation


Art. 92




SMEs


Art. 93




Tourism


Art. 94




Customs


Art. 97




Taxation


Art. 98




Rules of origin


Protocol 2




Administrative assistance in customs matters


Protocol 5










2.


Agriculture and Fisheries






Agricultural products sensu lato


Art. 24, 26(1), 26(2), 29, 30 and 33




Agricultural products sensu stricto


Art. 27(1)(2) and 27(4)




Fisheries products


Art. 26 and 28




Processed agricultural products


Art. 25, Protocol 1




Wine


Art. 27(5) and Protocol 7




Protection of geographical indications for agricultural and fishery products and foodstuffs other than wine and spirits


Art. 31




Agriculture and the agro-industrial sector, veterinary and phytosanitary matters


Art. 95




Fisheries co-operation


Art. 96




Food safety


Art. 95










3.


Internal Market and Competition






Right of establishment


Art. 50-56




Supply of services


Art. 57-59




Other questions related to Title V of the Agreement


Art. 63-69




Approximation of legislation and law enforcement


Art. 70




Competition


Art. 71-72, Protocol 4




Intellectual, industrial and commercial property


Art. 73




Public procurement


Art. 74




Banking, insurance and other financial services


Art. 89




Consumer protection


Art. 76




Public health


 










4.


Economic and financial issues and statistics






Capital movements and payments


Art. 60-62




Economic policy


Art. 87




Statistical co-operation


Art. 88




Investment promotion and protection


Art. 91




Financial co-operation


Art. 112-114










5.


Justice, freedom and security






Judiciary and fundamental rights, including anti-discrimination


Art. 78




Police co-operation and Judicial co-operation


Art. 78




Rule of law


Art. 78




Data protection


Art. 79




Visa, border control, asylum and migration


Art. 80




Illegal immigration and readmission


Art. 81




Money laundering


Art. 82




Drugs


Art. 83




Counter terrorism


Art. 85




Crime and other illegal activities


Art. 84










6.


Innovation, information society, and social policy






Movement of workers


Art. 47-49




Working conditions and equal opportunities


Art. 77




Social co-operation


Art. 99




Education and training


Art. 100




Cultural co-operation


Art. 101




Information and communication


Art. 105




Co-operation in the audio-visual field


Art. 102




Electronic communications networks and services


Art. 104




Information society


Art. 103




Research and technological development


Art. 109










7.


Transport, energy, environment, and regional development (1)







Transport


Art. 53, 59, 106 and Protocol 3




Energy


Art. 107




Nuclear safety


Art. 107




Environment


Art. 108




Climate change


Art. 108




Civil protection


Art. 108




Regional and local development


110





Structure of the Special groups








Title


Issues


Agreement Article




Special Group for reform of public administration


Public administration reform


Title VI Legal approximation and law enforcement, Art. 70 and Title VII, Justice and Home Affairs, Art. 78, Art. 111






(1)  For the purposes of implementing Protocol 3 to the Agreement, this sub-committee shall act as the special sub-committee mentioned in Article 21 of this Protocol.




ANNEX II

TERMS OF REFERENCE OF THE EU — BOSNIA AND HERZEGOVINA SUBCOMMITTEES AND SPECIAL GROUPS

Composition and Chairmanship
The subcommittees and the special group on public administration reform (PAR) shall be composed of representatives of the European Commission and representatives of the government of Bosnia and Herzegovina. They shall be chaired alternately by the two parties. The Member States will be informed and invited to the meetings of the subcommittees and the special group on PAR.
Secretariat
An official of the European Commission and an official of the government of Bosnia and Herzegovina shall act jointly as secretaries of each of the subcommittees and of the special group on PAR.
All communications concerning the subcommittees shall be forwarded to the secretaries of the relevant subcommittee and of the special group on PAR.
Meetings
The subcommittees and the special group on PAR shall meet whenever circumstances require, with the agreement of both Parties. Each meeting of a subcommittee or the special group on PAR shall be held at a time and place agreed by both Parties.
If both Parties agree, the subcommittees and the special group on PAR may invite experts to their meetings to provide the specific information requested.
Agenda and supporting documentation
The Chair and the secretaries shall draw up a provisional agenda for each meeting not later than 30 working days before the beginning of the meeting.
The provisional agenda shall include items in respect of which a request for inclusion has been received by the secretaries not later than 35 working days before the beginning of the meeting.
Following the agreement of the provisional agenda for each meeting and not later than 10 working days before the beginning of the meeting the secretary from Bosnia and Herzegovina shall submit to the secretary from the European Commission the necessary written documentation following the items agreed in the provisional agenda.
In case the deadline mentioned in paragraph 3 is not respected, the meeting shall be automatically cancelled without further notice.
Subject matters
The subcommittees shall discuss issues related to the areas of the Agreement as listed in the multidisciplinary subcommittee structure. Progress regarding the approximation, implementation and enforcement of legislation shall be assessed under all subject matters. The subcommittees shall examine any problems that may arise in their relevant sectors and shall suggest possible steps to be taken.
The subcommittees shall also serve as fora for the further clarification of the acquis and shall review progress made by Bosnia and Herzegovina in conforming to the acquis in line with commitments taken under the Agreement.
The special group on PAR shall discuss issues related to public administration reform and suggest possible steps to be taken.
Minutes
Minutes shall be taken for and agreed after each meeting. A copy of the minutes shall be forwarded by the secretary of the subcommittee or the special group on PAR to the Secretary of the Committee.
Publicity
Unless otherwise decided, the meetings of the subcommittees and of special groups on PAR shall not be public.