CELEX: 51998PC0063
Language: en
Date: 1998-02-09
Title: 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

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)
 ---pagebreak---  ---pagebreak---                           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
 ---pagebreak---                              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
 ---pagebreak---                   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.
 ---pagebreak---                                            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
 ---pagebreak---                                             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.
 ---pagebreak---                                            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.
                                                 >
 ---pagebreak---                                              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
 ---pagebreak---                                             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.
 ---pagebreak---                                              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
 ---pagebreak--- :
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                                             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
 ---pagebreak---                                               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
 ---pagebreak---                                                                   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*