CELEX: 52015PC0375
Language: en
Date: 2015-07-31
Title: Proposal for a COUNCIL DECISION determining the European Union position for a Decision of the Joint Committee set up under the Agreement between the European Union and the Republic of Armenia on the facilitation of the issuance of visas, with regard to the adoption of the rules of procedure for the Joint Committee

EUROPEAN COMMISSION
            Brussels, 31.7.2015
            COM(2015) 375 final
            2015/0164(NLE)
            Proposal for a
            COUNCIL DECISION
            determining the European Union position for a Decision of the Joint Committee set up under the Agreement between the European Union and the Republic of Armenia on the facilitation of the issuance of visas, with regard to the adoption of the rules of procedure for the Joint Committee
            
               
         
         
            
               EXPLANATORY MEMORANDUM
            
            
               1.CONTEXT OF THE PROPOSAL
            
            
               The Agreement between the European Union and Armenia on the facilitation of the issuance of visas entered into force on 1 January 2014. The Agreement established, on the basis of reciprocity, legally binding rights and obligations for the purpose of simplifying the visa issuing procedures for Armenian citizens. Article 12 of this Agreement set up a Joint Committee tasked to monitor the implementation of the Agreement. According to paragraph 4 of this provision, the Committee establishes its rules of procedures.
            
            
               The Rules of Procedure specify the organisational practicalities related to the Committee meetings and its work.
            
            
               2.RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
            
            
               The Rules of Procedure annexed to this proposal for a Council Decision were agreed with the Armenian side during the first meeting of the Committee. On 10 November 2014, the Commission officially consulted the Visa Working Party on the draft Rules of Procedure for the EU-Armenia Visa Facilitation Joint Committee, which did not render any comments. The text of the Rules of Procedure was prepared on the basis of similar documents already adopted by the Commission in the context of other EU Visa Facilitation Agreements in force (in particular with Russia, Ukraine, Moldova and Georgia).
            
            
            
               3. FINANCIAL AND BUDGET IMPACT
            
            
               This proposal has no impact on the EU budget.
            
            
               2015/0164 (NLE)
            
            
               Proposal for a
            
            
               COUNCIL DECISION
            
            
               determining the European Union position for a Decision of the Joint Committee set up under the Agreement between the European Union and the Republic of Armenia on the facilitation of the issuance of visas, with regard to the adoption of the rules of procedure for the Joint Committee
            
            
               THE COUNCIL OF THE EUROPEAN UNION,
            
            
               Having regard to the Treaty on the Functioning of the European Union, and in particular the Article 77(2) (a) in conjunction with Article 218(9) thereof,
            
            
               Having regard to the Council Decision of 22 October 2013 (2013/628/EU) concerning the conclusion of the Agreement between the European Union and the Republic of Armenia on the facilitation of the issuance of visas
                  1
               ;
            
            
               Having regard to the proposal from the European Commission,
            
            
               Whereas:
            
            
               (1)The Agreement between the European Union and the Republic of Armenia on the facilitation of the issuance of visas
                  2
                ("the Agreement") entered into force on 1 January 2014;
            
         
         
            
               (2)Article 12 of the Agreement sets up a Joint Committee ("the Committee");
            
            
               (3)Article 12(4) of the Agreement lays down that the Committee shall establish its own rules of procedure; 
            
            
               (4)It is therefore appropriate to determine the Union position in relation to the rules of procedure to be adopted by the Committee,
            
            
               HAS ADOPTED THIS DECISION: 
            
            
               Article 1
            
            
               1. The position of the European Union within the Committee set up by Article 12 of the Agreement between the European Union and Armenia on the facilitation of the issuance of visas with regard to the adoption of the rules of procedure shall be the draft Joint Committee Decision annexed to this decision.
            
            
               2. Minor technical corrections to the draft Decision may be agreed by the representatives of the Union in the Joint Committee without further decision of the Council.
            
            
               Article 2
            
            
               This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
            
            
               Done at Brussels,
            
            
               
                     For the Council
               
               
                     The President
               
            
         
         
            
                  
                     (1)
                  OJ L 289 of 31.10.2013, p.1.
               
               
                  
                     (2)
                  OJ L 289 of 31.10.2013, p.2.
               
            
      
    ---documentbreak--- 
      
         
               EUROPEAN COMMISSION
            Brussels, 31.7.2015
            COM(2015) 375 final
            ANNEX
            to the proposal for a
            COUNCIL DECISION
            determining the European Union position for a Decision of the Joint Committee set up under the Agreement between the European Union and the Republic of Armenia on the facilitation of the issuance of visas, with regard to the adoption of the rules of procedure for the Joint Committee
            
               
         
         
            
               ANNEX
            
            
               DECISION N° .../2015 OF THE JOINT VISA FACILTIATION COMMITTEE
                  SET UP BY 
                  THE AGREEMENT BETWEEN THE EUROPEAN UNION AND THE REPUBLIC OF ARMENIA ON THE FACILITATION OF THE ISSUANCE OF VISAS
            
            
               of …… 2015
            
            
               with regard to the adoption of its Rules of Procedure
            
            
               (…/…/…)
            
            
            
               THE COMMITTEE,
            
            
               Having regard to the Agreement between the European Union and the Republic of Armenia on the facilitation of the issuance of visas (hereinafter referred to as “the Agreement”), and in particular Article 12(4) thereof,
            
            
               Whereas that Agreement entered into force on 1 January 2014,
            
            
               HAS DECIDED TO ADOPT THE FOLLOWING RULES OF PROCEDURE:
            
            
               Article 1
            
            
               Chairmanship
            
            
               The Joint Visa Facilitation Committee shall be chaired jointly by a representative of the European Union and a representative of the Republic of Armenia.
            
            
               Article 2
            
            
               Tasks of the Joint Committee
            
            
               (1)In accordance with Article 12(2) of the Agreement, the Joint Visa Facilitation Committee shall, in particular, have the following tasks:
            
            
               (a)monitoring the implementation of the Agreement;
            
            
               (b)suggesting amendments or additions to the Agreement;
            
            
               (c)settling disputes arising out of the interpretation or application of the provisions in this Agreement.
            
         
         
            
               (2)The Joint Visa Facilitation Committee may agree on recommendations containing guidelines or “best practices” to assist in the implementation of the Agreement.
            
            
            
               Article 3
            
            
               Meetings
            
            
               (1)The Joint Visa Facilitation Committee shall meet whenever necessary, at the request of the Parties, and at least once per year.
            
            
               (2)The Parties shall take turns in hosting the meeting unless otherwise agreed. 
            
            
               (3)Meetings of the Joint Visa Facilitation Committee shall be convened by the Co-chairs. 
            
            
               (4)The Co-chairs shall establish a date for the meeting and exchange such documents as necessary in time to ensure adequate preparation, if possible, fourteen days prior to the meeting.
            
            
               (5)The Party hosting a meeting shall arrange logistical matters.
            
            
               Article 4
            
            
               Delegations
            
            
               (1)The Parties shall notify each other at least seven days before a meeting of the intended composition of their delegation. 
            
            
               (2)The European Union shall be represented by the European Commission, assisted by experts from the Member States.
            
            
               Article 5
            
            
               Agenda for the meetings
            
            
               (1)A provisional agenda for each meeting shall be drawn up by the Co-chairs no later than fourteen days before the meeting. The provisional agenda shall include the items in respect of which a request for inclusion in the agenda has been received by either of the Co-chairs no later than fourteen days before the meeting.
            
            
               (2)Either Party may add items to the provisional agenda at any time prior to the meeting if the other Party agrees. Requests to add items to the provisional agenda shall be sent in writing and shall be accommodated to the extent possible. 
            
            
               (3)The final agenda shall be adopted by the Co-chairs at the beginning of each meeting. An item not appearing on the provisional agenda may be placed on the agenda if the Parties agree and shall be accommodated to the extent possible.
            
            
               Article 6
            
            
               Records of the meeting
            
         
         
            
               (1)A draft of the record shall be prepared as soon as possible by the Co-chair hosting the meeting.
            
            
               (2)The record shall, as a general rule, indicate in respect of each item on the agenda:
            
            
               (a)the documentation submitted to the Joint Visa Facilitation Committee;
            
            
               (b)statements which a Party has requested to be entered; and
            
            
               (c)decisions taken, recommendations made and conclusions adopted on a specific item.
            
            
               (3)The record shall also indicate the individuals of the respective delegations participating, with the ministry, agency or institution each represents indicated.
            
            
               (4)The record shall be approved by the Joint Visa Facilitation Committee at its following meeting.
            
            
               Article 7
            
            
               Decisions and recommendations of the Joint Visa Facilitation Committee
            
            
               (1)The Joint Visa Facilitation Committee shall take decisions by agreement of both Parties.
            
            
               (2)Decisions of the Joint Visa Facilitation Committee shall be entitled “Decisions” followed by a serial number, and by a description of their subject. The date the decision takes effect shall also be indicated. Decisions shall be signed by representatives of the Joint Visa Facilitation Committee who are authorised to act on behalf of the Parties. Decisions shall be drawn up in duplicate, each version being equally authentic.
            
            
               (3)Paragraphs 1 and 2 shall apply mutatis mutandis to recommendations of the Joint Visa Facilitation Committee.
            
            
               Article 8
            
            
               Expenses
            
            
               (1)Each Party shall be responsible for the expenses they incur by reason of their participation in the meetings of the Joint Visa Facilitation Committee, including staff, travel and subsistence expenditure and postal or telecommunications expenditure.
            
            
               (2)Other expenses arising from the organisation of the meetings shall generally be covered by the Party hosting the meeting.
            
            
            
               Article 9
            
            
               Administrative procedures
            
            
               (1)Unless otherwise decided, the meetings of the Joint Visa Facilitation Committee shall not be open to the public.
            
         
         
            
               (2)Records and other documents of the Joint Visa Facilitation Committee shall be treated confidentially.
            
            
               (3)Participants other than officials of the Parties and the Member States may be invited by agreement of both Co-Chairs and shall be subject to the same confidentiality requirements.
            
            
               (4)The Parties may organise public briefings or otherwise inform interested members of the public of the results of the Joint Committee meetings.
            
            
               For the European Union
                     For The Republic of Armenia
            
            
               JOINT DECLARATION ANNEXED TO THE RULES OF PROCEDURE OF THE JOINT COMMITTEE FOR THE MANAGEMENT OF THE EU-ARMENIA VISA FACILITATION AGREEMENT
            
            
               In order to ensure the continued, harmonized and correct implementation of the Agreement, The Republic of Armenia, the European Commission and the Member States shall undertake informal contacts between formal meetings of the Joint Committee, in order to deal with urgent issues. At the next meeting of the Joint Committee, report will be made about these issues and informal contacts.