Document ID: 32009D0908

Reference:
9.12.2009
EN
Official Journal of the European Union
L 322/28
COUNCIL DECISION
of 1 December 2009
laying down measures for the implementation of the European Council Decision on the exercise of the Presidency of the Council, and on the chairmanship of preparatory bodies of the Council
(2009/908/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 16(9) thereof,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 236(b) thereof,
Having regard to the European Council Decision of 1 December 2009 on the exercise of the Presidency of the Council (1), and in particular Article 2, third subparagraph, and Article 4 thereof,
Whereas:
(1)
Measures should be laid down for the implementation of the European Council Decision on the exercise of the Presidency of the Council (hereinafter referred to as ‘the European Council Decision’).
(2)
Those implementing measures include the order in which the pre-established groups of three Member States are to hold the Presidency in turn for consecutive periods of 18 months taking into account the fact that there exist since 1 January 2007, in accordance with the Council's Rules of Procedure, a system of Council 18-month programmes agreed between the three Presidencies which hold office during the period concerned.
(3)
In accordance with Article 1 of the European Council Decision, the composition of the groups must take account of the diversity of the Member States and geographical balance within the Union.
(4)
The division of responsibilities among the Member States within each group is determined by Article 1(2) of the European Council Decision. In either of the situations provided for in Article 2(1) of this Decision, the Member States within each group will by common accord determine the practical arrangements for their collaboration.
(5)
In addition, those implementing measures should include specific rules with regard to the chairing of preparatory bodies of the Foreign Affairs Council as provided for in Article 2, third subparagraph, of the European Council Decision.
(6)
Most of those preparatory bodies should be chaired by a representative of the High Representative of the Union for Foreign Affairs and Security Policy (hereinafter ‘the High Representative’) while the rest of them should continue to be chaired by the six-monthly Presidency. Where the chair of such bodies is a representative of the High Representative, a transitional period may apply.
(7)
Preparatory bodies which are not chaired by the six-monthly Presidency should also be listed in this Decision, as provided for in Article 2, third subparagraph, of the European Council Decision.
(8)
The chairmanship of preparatory bodies not listed in this Decision will be chaired in accordance with Article 2 of the European Council Decision,
HAS ADOPTED THIS DECISION:
Article 1
The order in which the Member States shall hold the Presidency of the Council as from 1 January 2007 is set out in Council Decision of 1 January 2007 determining the order in which the office of President of the Council shall be held (2).
The division of this order of Presidencies into groups of three Member States, in accordance with Article 1(1) of the European Council Decision, is set out in Annex I to this Decision.
Article 2
1.   Each member of a group as referred to in Article 1, second subparagraph, shall in turn chair for a six-month period all configurations of the Council, with the exception of the Foreign Affairs configuration. The other members of the group shall assist the Chair in all its responsibilities on the basis of the Council's 18-month programme.
2.   The members of a group as referred to in Article 1 may decide upon alternative arrangements among themselves.
3.   In either of the situations provided for in paragraphs 1 and 2, the Member States within each group shall by common accord determine the practical arrangements for their collaboration.
Article 3
The order in which the Member States will hold the Presidency as from 1 July 2020 shall be decided by the Council before 1 July 2017.
Article 4
The preparatory bodies of the Foreign Affairs Council shall be chaired in accordance with the rules set out in Annex II.
Article 5
The Council preparatory bodies listed in Annex III shall be chaired by fixed chairs as set out in that Annex.
Article 6
This Decision shall enter into force on the day of its adoption.
It shall be published in the Official Journal of the European Union.
Done at Brussels, 1 December 2009.
For the Council
The President
B. ASK
(1)  OJ L 315, 2.12.2009, p. 50.
(2)  OJ L 1, 4.1.2007, p. 11.
ANNEX I
Germany
January-June
2007
Portugal
July-December
2007
Slovenia
January-June
2008
France
July-December
2008
Czech Republic
January-June
2009
Sweden
July-December
2009
Spain
January-June
2010
Belgium
July-December
2010
Hungary
January-June
2011
Poland
July-December
2011
Denmark
January-June
2012
Cyprus
July-December
2012
Ireland
January-June
2013
Lithuania
July-December
2013
Greece
January-June
2014
Italy
July-December
2014
Latvia
January-June
2015
Luxembourg
July-December
2015
Netherlands
January-June
2016
Slovakia
July-December
2016
Malta
January-June
2017
United Kingdom
July-December
2017
Estonia
January-June
2018
Bulgaria
July-December
2018
Austria
January-June
2019
Romania
July-December
2019
Finland
January-June
2020
ANNEX II
CHAIRMANSHIP OF THE PREPARATORY BODIES OF THE FOREIGN AFFAIRS COUNCIL (1)
The chairmanship of the preparatory bodies of the Foreign Affairs Council referred to in categories 1 to 4 in the table below shall be organised as follows:
1.
Category 1 (preparatory bodies in the area of trade and development):
The preparatory bodies shall be chaired by the six-monthly Presidency.
2.
Category 2 (geographic preparatory bodies)
The preparatory bodies shall be chaired by a representative of the High Representative.
3.
Category 3 (horizontal preparatory bodies, mainly CFSP)
The preparatory bodies shall be chaired by a representative of the High Representative, except the following preparatory bodies, which shall be chaired by the six-monthly Presidency:
—
Working Party of Foreign Relations Counsellors (RELEX),
—
Working Party on Terrorism (International Aspects) (COTER),
—
Working Party on the application of specific measures to combat terrorism (COCOP),
—
Working Party on Consular Affairs (COCON),
—
Working Party on Public International Law (COJUR), and
—
Working Party on the Law of the Sea (COMAR).
4.
Category 4 (CSDP-related preparatory bodies)
The CSDP-related preparatory bodies shall be chaired by a representative of the High Representative (2).
The High Representative and the six-monthly Presidency shall closely cooperate in order to ensure coherence among all the preparatory bodies for the Foreign Affairs Council.
For categories 3 and 4, the six-monthly Presidency shall continue to chair the preparatory bodies during a transitional period of up to six months after the adoption of the Council Decision on the organisation and functioning of the European External Action Service (EEAS). For category 2 this transitional period shall last up to 12 months.
Modalities for appointment of chairs
Where the European Council Decision or this Decision stipulates that a preparatory body (PSC and relevant working parties) shall be chaired by a representative of the High Representative, the responsibility for appointing the chair shall belong to the High Representative. These appointments shall be made on the basis of competence, while ensuring adequate geographical balance and transparency. The High Representative shall ensure that the person he or she intends to appoint as chairperson will enjoy the confidence of Member States. If that person is not yet a member of the EEAS, he or she shall become one in accordance with the EEAS recruitment procedures, at least for the time of the appointment. An evaluation of the functioning of this arrangement shall be made in the framework of the status report on the EEAS foreseen for 2012.
1.
Preparatory bodies in the areas of trade and development
Article 207 Committee
ACP Working Party
Working Party on Development Cooperation (DEVGEN)
Working Party on EFTA
Working Party on Dual-Use Goods
Working Party on Trade Questions
Working Party on Commodities
Working Party on the Generalised System of Preferences
Working Party on Preparation for International Development Conferences/UNCCD Desertification/UNCTAD
Working Party on Humanitarian Aid and Food Aid
Export Credits Group
2.
Geographic preparatory bodies
Mashreq/Maghreb Working Party (COMAG/MaMa )
Working Party on Eastern Europe and Central Asia (COEST)
Working Party on the Western Balkans Region (COWEB)
Middle East/Gulf Working Party (COMEM/MOG)
Asia-Oceania Working Party (COASI)
Working Party on Latin America (COLAT)
Working Party on Transatlantic Relations (COTRA)
Africa Working Party (COAFR)
3.
Horizontal preparatory bodies (mostly CFSP)
Working Party of Foreign Relations Counsellors (RELEX)
Nicolaidis Group
Working Party on Global Disarmament and Arms Control (CODUN)
Working Party on Non-Proliferation (CONOP)
Working Party on Conventional Arms Export (COARM)
Working Party on Human Rights (COHOM)
Working Party on Terrorism (International Aspects) (COTER) (3)
Working Party on the application of specific measures to combat terrorism (COCOP) (3)
Working Party on OSCE and the Council of Europe (COSCE)
United Nations Working Party (CONUN)
Ad hoc Working Party on the Middle East Peace Process (COMEP)
Working Party on Public International Law (COJUR, COJUR-ICC)
Working Party on the Law of the Sea (COMAR)
Working Party on Consular Affairs (COCON)
Working Party on CFSP Administrative Affairs and Protocol (COADM)
4.
CSDP-related preparatory bodies
Military Committee (EUMC)
Military Committee Working Group (EUMCWG)
Politico-Military Working Party (PMG)
Committee for Civilian Aspects of Crisis Management (CIVCOM)
Working Party on European Arms Policy
(1)  A review of the scope and organisation of the working structures in the area of foreign affairs should be conducted swiftly after 1 December 2009, in particular as concerns the area of development. The arrangements on the chairmanship of the working parties reviewed should, if needed, be adapted according to the general principles set out in this Annex.
(2)  The Military Committee (EUMC) and the Military Committee Working Group (EUMCWG) shall continue to be chaired by an elected chair, as shown in Annex III, as was the case before the entry into force of this Decision.
(3)  The question of the Working Party on Terrorism (International Aspects) (COTER) and of the Working Party on the application of specific measures to combat terrorism (COCOP) will also be dealt with in the framework of the discussion on the JHA working structures.
ANNEX III
CHAIRPERSONS OF COUNCIL PREPARATORY BODIES WITH A FIXED CHAIR
Elected chairs
Economic and Financial Committee
Employment Committee
Social Protection Committee
Military Committee (1)
Economic Policy Committee
Financial Services Committee
Military Committee Working Group (1)
Code of Conduct Group (Business Taxation)
Chaired by the General Secretariat of the Council
Security Committee
Working Party on Information
Working Party on Legal Data Processing
Working Party on Electronic Communications
Working Party on Codification of Legislation
Working Party of Legal-Linguistic Experts
Working Party on New Buildings
(1)  See also Annex II.

Summary:
Foreign and security policy — the role of the Council and the European Council
Foreign and security policy — the role of the Council and the European Council
SUMMARY OF:
Treaty on European Union — Article 15
Treaty on European Union — Article 21
Treaty on European Union — Article 26
Decision 2001/78/CFSP — setting up the Political and Security Committee
Decision 2001/79/CFSP — setting up the Military Committee of the European Union
Decision 2000/354/CFSP — setting up a Committee for civilian aspects of crisis management
Decision 2009/908/EU — laying down measures for the implementation of the European Council Decision on the exercise of the Presidency of the Council, and on the chairmanship of preparatory bodies of the Council
WHAT IS THE AIM OF THE ARTICLES AND DECISIONS?
The treaty articles set out the roles of the European Council and the Council of the European Union (Council) in the EU’s common foreign and security policy (CFSP), which includes the common security and defence policy.
The decisions provide the legal bases for setting up some of the Council’s main committees and preparatory bodies dealing with foreign and security policy, and set out how these are chaired.
KEY POINTS
              
The roles of the European Council and Council within the CFSP are defined by Article 26:
the European Council sets the overall political direction and establishes priorities;
the Council defines and implements those priorities.
European Council
Article 26 requires the European Council to identify the EU’s strategic interests;set out the objectives of and general guidelines for CFSP, including for defence matters;adopt the necessary relevant decisions.
These guidelines and objectives are based on EU external action’s principles and its goals set out in Article 21, which include: safeguarding EU values, fundamental interests, security, independence and integrity;consolidating and supporting democracy, the rule of law and human rights;preserving peace, preventing conflicts and strengthening international security;promoting an international system based on stronger multilateral cooperation and good global governance.
The EU’s core interests and principles are currently set out in the EU’s Global Strategy for foreign and security policy.
The President of the European Council represents the EU internationally in matters concerning CFSP at the level of Heads of State and/or Government, without any effect on the powers of the High Representative of the Union for Foreign Affairs and Security Policy.
The High Representative takes part in the work of the European Council.
Council
When it sets out and implements the guidelines of the European Council, the Council must ensure that EU action is united, consistent and effective.
The EU Foreign Affairs Council (FAC) is chaired by the High Representative.
A number of committees and preparatory bodies support the work of the FAC, including: the Political and Security Committee;the Military Committee;the Committee for Civilian Aspects of Crisis Management (known as CivCom);CFSP working parties.
The European External Action Service, created under Council Decision 2010/427/EU following the entry into force of the Lisbon Treaty (see summary), assists the Council in implementing the CFSP.
FROM WHEN DO THE ARTICLES AND DECISIONS APPLY?
The articles have applied since the entry into force of the Lisbon Treaty on 1 December 2009.
Decision 2001/78/CFSP has applied since 22 January 2001.
Decision 2001/79/CFSP has applied since 11 June 2001.
Decision 2000/354/CFSP has applied since 22 May 2000.
Decision 2009/908/EU has applied since 1 December 2009.
BACKGROUND
              
For more information, see:
Council of the EU
European Council
MAIN DOCUMENTS
            
Consolidated version of the Treaty on European Union — Title III — Provisions on the Institutions — Article 15 (OJ C 202, 7.6.2016, pp. 23-24)
Consolidated version of the Treaty on European Union — Title V — General Provisions on the Union's External Action and Specific Provisions on the Common Foreign and Security Policy — Chapter 1 — General Provisions on the Union's External Action — Article 21 (OJ C 202, 7.6.2016, pp. 28-29)
Consolidated version of the Treaty on European Union — Title V — General Provisions on the Union's External Action and Specific Provisions on the Common Foreign and Security Policy — Chapter 2 — Specific Provisions on the Common Foreign and Security Policy — Section 1 — Common Provisions — Article 26 (ex Article 13 TEU) (OJ C 202, 7.6.2016, p. 31)
Council Decision 2001/78/CFSP of 22 January 2001 setting up the Political and Security Committee (OJ L 27, 30.1.2001, pp. 1-3)
Council Decision 2001/79/CFSP of 22 January 2001 setting up the Military Committee of the European Union (OJ L 27, 30.1.2001, pp. 4-6)
Council Decision 2000/354/CFSP of 22 May 2000 setting up a Committee for civilian aspects of crisis management (OJ L 127, 27.5.2000, p. 1)
Council Decision 2009/908/EU of 1 December 2009 laying down measures for the implementation of the European Council Decision on the exercise of the Presidency of the Council, and on the chairmanship of preparatory bodies of the Council (OJ L 322, 9.12.2009, pp. 28-34)
Successive amendments to Decision 2009/908/EU have been incorporated into the original document. This consolidated version is of documentary value only.
RELATED DOCUMENTS
            
Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service (OJ L 201, 3.8.2010, pp. 30-40)
last update 12.01.2021