Source: EURLEX
Language: en
Format: md

#### **COMMISSION OF THE EUROPEAN COMMUNITIES**

**Brussels, 09.02.1998**
**COM(1998)** **63 final**

**Proposal for a**

**COUNCIL DECISION**

**on a Community Position on the Rules of Procedure of the Association Council**

**established by the Europe Agreement establishing an association between the**
**European Communities and their Member States, of the one part, and the Republic of**

**Estonia, of the other** **part**

**(presented by the Commission)**

**EXPLANATORY MEMORANDUM**

The Europe Agreement eslablishing an association between the (European
Communities and their Member States, of the one part, and the Republic of Estonia,
of the other part, will enter into force on 1 February 1998.

The Association Council established by Article 109 of the said Europe Agreement
supervises the implementation of this Agreement and examines any major issues
arising within the framework of the Agreement and any other bilateral or international
issues of mutual interest.

As provided in Article 110(3) of the Europe Agreement with Estonia, the Association
Council shall establish its rules of procedure at its first meeting which is foreseen for
24 February 1998. In conformity with Article 113(1) of the Europe Agreement, these
rules of procedure shall determine the duties of the Association Committee, which
shall assist the Association Council in the performance of its duties.

The draft proposal further provides for nine subcommittees which will assist the
Association Committee in specific fields covered by the Europe Agreement.,

As laid down by Article 2(1) of Council and Commission Decision
/ /ECSC/EC/Euratom of 22 December 1997 on the conclusion of the said Europe
Agreement, the Community position in the Association Council will be established by
decision of the Council on proposal of the Commission.

It is therefore proposed that the Council approves the attached proposal.

**2**

**Proposal** **for a** **Council Decision**

on a Community Position on the Rules of Procedure of the Association Council
established by the Europe Agreement establishing an association between the
European Communities and their Member States, of the one part, and the Republic of
Estonia, of the other part

The COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, the Treaty
establishing the European Coal and Steel Community and the Treaty establishing the
European Atomic Energy Community (Euratom),

Having regard to Article 2(1) of the Council and Commission Decision of 22
December 1997 on the conclusion of the Europe Agreement establishing an
association between the European Communities and their Member States, of the one
part, and the Republic of Estonia, of the other part,

Having regard to the proposal from the Commission,

Whereas Article 109 of the Europe Agreement establishes an Association Council,

Whereas Article 110 of the said Agreement provides that the Association Council
shall be assisted by an Association Committee, and Article 110 (3) the Association
Council shall adopt its own rules of procedure,

Whereas Article 113 of the said Agreement provides that the Association Council
shall, in its rules of procedure, determine the duties of the Association Committee and
that the Association Council may delegate any of its powers to the Association
Committee,

1 IAS DECIDED AS FOLLOWS:

The position to be adopted by the Community within the Association Council
established hy Article 109 of the Europe Agreement establishing an association
between the European Communities and their Member States, of the one part, and the
Republic of Estonia, of the other part, in relations to the rules of procedure of the said
Association Council and the delegation of its powers to the Association Committee
referred to in Article 110 of the said Europe Agreement shall be based on the
Association Council's draft decision, annexed to this Decision. Minor amendments to
these draft decision may be accepted without further decision of the Council.

Done at Brussels,

for the Council

DECISION No 1/98 OF THE ASSOCIATION COUNCIL

between the European Communities and their Member States, of the one part,
and the Republic of Estonia, of the other part

of 1998

adopting its rules of procedure

( / / )

THE ASSOCIATION COUNCIL,

Having regard to the Europe Agreement establishing an Association between the European
Communities and their Member States, of the one part, and the Republic of Estonia, of the
other part, and in particular Articles 109, 110, 111, 112, 113 and 114 thereof,

Whereas that Agreement entered into force on 1998,

HAS DECIDED AS FOLLOWS:

_Article_ _J_

**Chairmanship**

The Association Council shall be presided over alternately for periods of 12 months by a
representative of the Council of the European Union, on behalf of the Community and its
Member States, and a representative of the Government of the Republic of Estonia. The first
period shall begin on the date of the first Association Council meeting and end on 31
December 1998.

_Article 2_

**Meetings**

The Association Council shall meet regularly at ministerial level once a year. Special
sessions of the Association Council may be held if the Parties so agree, at the request of
either Party.

Unless otherwise agreed by the Parties, each session of the 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.

The meetings of the Association Council shall be jointly convened by the secretaries of the
Association Council in agreement with the President.

_Article 3_

**Representation**

The members of the Association Council may be represented if unable to attend. If a
member wishes to be so represented, he must notify the President of the name of his
representative before the meeting at which he is to be so represented.

The representative of a member of the Association Council shall exercise all the rights of that
member.

_Article 4_

**Delegations**

The members of the Association Council may be accompanied by officials.

Before each meeting, the President 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
Association Council, as an observer, when matters which concern the Bank appear on the
agenda.

The 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 the Republic of Estonia in Brussels shall act jointly as secretaries of the
Association Council.

_Article 6_

**Correspondence**

Correspondence addressed to the Association Council shall be sent to the President of the
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 President of the
Association Council and, where appropriate, circulated to other members of the Association
Council. Correspondence circulated shall be sent to the General Secretariat of the
Commission, the Permanent Representations of the Member States and the Mission of the
Republic of Estonia in Brussels.

Communications from the President of the Association Council shall be sent to the addresses

by the two secretaries and circulated, where appropriate, to the other members of the
Association Council at the addresses indicated in the preceding paragraph.

**b**

_Article 7_

**Publicity**

Unless otherwise decided, the meetings of the Association Council shall not be public.

_Article 8_

**Agendas for meetings**

1. The President shall draw up a provisional agenda for each meeting. It shall be forwarded
by the secretaries of the Association Council to the addresses 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 President has received
a request for inclusion in the agenda not later than 21 days before the beginning of the
meeting, save that 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 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 two Parties so agree.

2. The President may, in agreement with the two Parties, shorten the time limits specified in
paragraph I 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 Association Council,

- statements the entry of which has been requested by a member of the Association Council,

- the decisions taken, the statements agreed upon and the conclusions adopted.

_t_

The draft minutes shall be submitted to the Association Council for approval. They shall be
approved within three months after each Association Council meeting. When approved, the
minutes shall be signed by the President and the two secretaries. The minutes shall be filed in
the archives of the General Secretariat of the Council of the European Union who is acting 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 Association Council shall lake its decisions and recommendations by common
agreement of the Parties.

During the inter-sessional period, the Association Council may take decisions or
recommendations by written procedure if both Parties so agree.

2. The decisions and recommendations of the Association Council within the meaning of
Article 111 of the Europe 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.

The decisions and recommendations of the Association Council shall be signed by the
President and authenticated by the two secretaries.

Decisions and recommendations shall be forwarded to each of the addressees referred to in

Article 6.

The Association Council may decide to order publication of its decisions and
recommendations in the Official Journal of the European Communities and the Riigi Teataja
(Estonian State Gazette).

_Article 11_

**Languages**

The official languages of the Association Council shall be the official languages of the two

Parties.

Unless otherwise decided, the Association Council shall base its deliberations on

documental ion prepared in these languages.

_Article_ _12_

**Expenses**

The Community and the Republic of Estonia shall each defray the expenses they incur by
reason of their participation in the meetings of the 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 shall be borne by the Community, with the exception of expenditure in
connection with interpreting or translation into or from Estonian, which shall be borne by the
Republic of Estonia.

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

**>**

_Article 13_

Association CommiHee

I. An Association Commillee is hereby established in order to assist Ihe Association Council
in carrying out its duties. It shall be composed of representatives of the members of the
Council of the European Union and of members of the Commission of the European
Communities, on the one hand, and of representatives of the Estonian Government on the
other, normally at senior civil servant level.

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 Europe 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 Europe Agreement. It shall submit proposals or any draft
decisions/recommendations for adoption to the Association Council.

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

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

_Article 14_

**Subcommittee and special groups**

The subcommittees, mentioned in Article 114 of the Agreement, are listed in Annex 2 to
this Decision. Subcommittees shall work under the authority of the Assocation Committee, to
which they shall report after each one of their meetings.

The Association Committee may decide to abolish any existing subcommittees or groups,
modify their terms of reference or set up further subcommittees or groups to assist it in
carrying out its duties.

These subcommittees and groups shall not have any decision-making power.

Done at Brussels, 1998.

_For the Association Council_

_The_ _President_

_**ANNEX J**_ ; .

**RULES OFPROGEDURE OF THE ASSOCIATION COMMITTEE**

_Article_ _J_

**Chairmanship**

The Association Committee shall be presided over alternately for periods of 12 months by a
representative of the European Commission, on behalf of the Community and its Member
States, and a representative of the Government of the Republic of Estonia. The first period
shall begin on the date of the first Association Council meeting and end on 31 December
1998.

_Article 2_

**Meetings**

The Association Committee shall meet when circumstances require with the agreement of
both Parties.

Each meeting of the Association Committee shall be held at a time and place agreed by both
Parties.

The meetings of the Association Committee shall be convened by the chairman.

_Article 3_

**Delegations**

Before each meeting, the chairman 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 the Estonian Government shall act
jointly as secretaries of the Association Committee.

All communications to and from the chairman of the Association Committee provided for in
this Decision shall be forwarded to the secretaries of the Association Committee and to the

secretaries and the President of the Association Council.

_Article 5_

**Publicity**

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

_Article 6_

Agendas **for** meetings

I. The chairman shall draw up a provisional agenda for each meeting. It shall be forwarded
by the secretaries of the Association Committee to the addresses 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 in the agenda not later than 21 days before the beginning of the
meeting, save that 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 Association Committee may ask experts to attend its meetings in order to provide
information on particular subjects.

flic agenda shall be adopted by the Association Committee at the beginning of each meeting.
An item other than those appearing on the provisional agenda may be placed on the agenda if
I he I wo Parlies so agree.

2. The chairman may, in agreement with the two Parties, shorten the time limits specified in
paragraph I 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 Association Committee.

When approved by the Association 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_ _H_

**Deliberations**

In the specific cases where the Association Committee is empowered by the Association
Council under Article 113 (2) of the Europe Agreement to take decisions/recommendations,
these acts 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.

Whenever the Association Committee takes a decision, Article 10 and 11 of Decision No
1 /98 of the Association Council adopting its rules of procedure shall be applied _mutatis_
_mutandis._

Decisions and recommendations of the Association Committee shall be forwarded to the

addresses referred to in Article 4 of this Annex.

**10**

**:** **->** _**>**_ _**Ankkf**_ - :,,:.,. v

Expenses

The Community and the Republic of Estonia shall each defray the expenses they incur by
reason of their participation in the meetings of the Association 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 Community, with the exception of expenditure in
connection with interpreting or translation into or from Estonian, which shall be borne by the
Republic of Estonia.

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

**h**

**ANNEX 2**
**EC-Estonia Europe Agreement**
**Proposed Multidisciplinary Sub-committee Structure**

**Title** **Issues** **Europe**
**Agreement**
**Article**

_**1)**_ _**Agriculture and fisheries**_ **Agriculture** **16-20/78**
Fisheries 21-22/79

Processed Agricultural Products Protocol 2
_2) Approximation of_ Approximation of legislation (all areas) 68-70
_legislation, Competition and_ White Paper on integration into the Internal Market
_**Opening**_ _**Up**_ _**of Community**_ **Competition** **63-65**
_Programmes_ Intellectual and industrial property 66
Public procurement 67
Public administration 98

Community programmes 108
_3) Trade, Industry and_ Commercial questions 9-15,23-35
_Consumer Protection_ Industrial cooperation and investment promotion 72-73
Standards, technical regulations for industrial and
processed agricultural goods and conformity assessment 75
Tourism 92

Small and medium enterprises 74
Consumer protection 94
_4) Economic Issues_ Economic questions 71,97
Monetary policy 88
_5) Human Resources,_ Education, training and youth 77
_Research, technological_ Science, research and technology 76
_development_ _**and**_ _social policy_ Social cooperation (employment, labour market,
legislation, industrial relations, etc) 91
Cultural cooperation 101
Audio-visual policy 84
_**6)**_ _**Transport**_ _**and**_ _**Trans**_ **Transport** **83**
_European Networks_ Maritime Transport 53,83
Infrastructure and Trans european networks 83
Telecommunication (and information infrastructure) 84-85
_**7)**_ _**Environment,**_ _**energy and**_ **Environment** **82**
_**regional development**_ **Energy** **80**
Nuclear safety 81
Regional development 90
_**X)**_ _**(^operation**_ _**in customs**_ **Customs cooperation** **95**
_**matters, statistics, drugs and**_ **Indirect** **taxation**
_**prevention of illegal**_ _**activities**_ **Statistical Cooperation** **96**
Drugs and money laundering 89, 99
Prevention of illegal activities 100
Protocols on Origin and on Mutual Assistance
_9) Financial services_ _**and**_ Financial services, banking, insurance 86-87
_Establishment_ _**and**_ _Capital_ Investment promotion, protection of investment 73
_Movements_ Movement of workers 36-42
Right of Establishment and services 43-53
Capital movements and payments 60-62

_**iX**_

### **ISSN 0254-1475**

## **COM(98) 63 final**

# **DOCUMENTS**

### **EN 11 01 06** **Catalogue number : CB-CO-98-063-EN-C** **ISBN 92-78-30844-7**

**Office for Official Publications of** **the** **European Communities**

**L-2985** **Luxembourg**

**t ***