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,
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.
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.
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.
The preparatory bodies of the Foreign Affairs Council shall be chaired in accordance with the rules set out in Annex II.
The Council preparatory bodies listed in Annex III shall be chaired by fixed chairs as set out in that Annex.
This Decision shall enter into force on the day of its adoption.
It shall be published in the Official Journal of the European Union.