21998D0321(01)

RULES OF PROCEDURE OF THE COOPERATION COUNCIL between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part,

as established on 27 January 1998 (98/228/EC)

THE COOPERATION COUNCIL,

Having regard to the Agreement on Partnership and Cooperation establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, signed at Corfu on 24 June 1994, hereinafter referred to as 'the Agreement`, and in particular Articles 90 to 93 thereof (1),

Having regard to the Protocol to the Agreement, signed in Brussels on 21 May 1997,

Whereas the Agreement entered into force on 1 December 1997,

HAS ESTABLISHED THE FOLLOWING RULES OF PROCEDURE:

Article 1

Presidency

The Cooperation Council shall be presided over alternately for periods of 12 months by a member of the Council of the European Union, on behalf of the Communities and their Member States, and a member of the Government of the Russian Federation. However, the first period shall begin on the date of the first Cooperation Council meeting and end on 31 December of the same year.

Article 2

Meetings

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

The meetings of the Cooperation Council, as agreed by the Parties, are convened jointly by the Secretaries.

Article 3

Members and their representation in the Cooperation Council

Members of the Cooperation Council as defined in Article 91 of the Agreement may be represented by a designated minister or official if they are prevented from attending.

The official should normally be the Head of the Mission of the Russian Federation to the European Communities, or the Head of the Permanent Representation to the EU or a senior official.

In all other cases, a member wishing to be represented shall notify the Chairman of the name of his representative before the meeting at which he is to be so represented.

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

Article 4

Delegations

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

Before each meeting, the Chairman shall be informed of the intended composition and of the head of the delegation of each Party.

The Cooperation Council may invite other persons 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 appointed by the Russian Federation shall act jointly as Secretaries of the Cooperation Council.

Article 6

Documents

When the deliberations of the Cooperation Council are based on written supporting documents, such documents shall be numbered and circulated as documents of the Cooperation Council by the two Secretaries.

Article 7

Correspondence

All communications addressed to the Cooperation Council or to the Chairman of the Cooperation Council shall be forwarded to both Secretaries of the Cooperation Council.

The two Secretaries shall ensure that correspondence is forwarded to the Chairman of the Cooperation Council and, where appropriate, circulated as documents referred to in Article 6 to other members of the Cooperation Council. Correspondence circulated shall be sent to the Secretariat-General of the Commission, the Permanent Representations of the EU Member States and the Mission of the Russian Federation in Brussels.

Communications from the Chairman of the Cooperation Council shall be sent to the recipients by the respective Secretary and, where appropriate, circulated as documents referred to in Article 6 to the other members of the Cooperation Council at the addresses indicated in the preceding paragraph.

Article 8

Agenda for the meetings

1. A provisional agenda for each meeting shall be agreed with the two Parties. It shall be forwarded to the addressees referred to in Article 7 not later than 15 days before the beginning of the meeting by the respective Secretary.

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 two Secretaries 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 received by the Secretaries not later than the date of dispatch of the agenda.

The agenda shall be adopted by the Cooperation Council at the beginning of each meeting. An item other than those appearing on the provisional agenda may be placed on the agenda only if the two Parties so agree.

2. In agreement with the Parties, the time limits specified in paragraph 1 may be shortened in order to take account of the requirements of a particular case.

Article 9

Minutes

Draft minutes of each meeting shall be drawn up jointly by the Secretaries in two authentic copies.

The minutes shall, as a general rule, indicate in respect of each item on the agenda:

- the documentation submitted to the Cooperation Council,

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

- the recommendations made, the statements agreed upon and the conclusions adopted on specific items.

The minutes shall also include a list of members of the Cooperation Council or their representatives who participated at the meeting.

The draft minutes shall be submitted not later than one month after each meeting to the Cooperation Council for approval. When approved, two authentic copies of the minutes shall be signed by the two Secretaries and be filed by the Parties. A copy of the minutes shall be forwarded to each of the addressees referred to in Article 7 above.

Article 10

Recommendations

1. The Cooperation Council shall make its recommendations by common agreement between the Parties.

During the inter-sessional period the Cooperation Council may make recommendations or approve minutes by written procedure if Parties so agree. A written procedure consists of an official exchange of letters between the two Secretaries, acting in agreement with the Parties.

2. The recommendations of the Cooperation Council within the meaning of Article 90 of the Agreement shall be entitled 'recommendation`, followed by a serial number, by the date of their adoption and by a general description of their subject.

The recommendations of the Cooperation Council shall be authenticated by the two Secretaries and two authentic copies signed by Heads of delegation of the two Parties.

Recommendations shall be forwarded to each of the addressees referred to in Article 7 above as documents of the Cooperation Council.

Article 11

Publicity

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

Each Party may decide on the publication of the recommendations of the Cooperation Council in its respective official publication.

Article 12

Languages

The official languages of the Cooperation Council shall be the official languages of the Parties.

The Cooperation Council shall normally base its deliberations on documentation prepared in these languages.

Article 13

Expenses

The European Communities and the Russian Federation shall each bear their expenses incurred by reason of their participation in the meetings of the Cooperation Council, both with regard to staff, travel and subsistence expenditure and to postal and telecommunications expenditure.

Expenditure in connection with interpretation at meetings and translation of documents shall be borne by the European Communities, with the exception of expenditure in connection with interpretation or translation from one of the official languages of the European Communities into Russian which shall be borne by the Russian Federation.

Other expenditure relating to the material organisation of the meetings, including expenditure in connection with reproduction of those documents circulated at the meetings, shall be borne by the Party which hosts the meeting.

Article 14

Cooperation Committee

1. The Cooperation Committee is hereby established in accordance with Article 92 of the Agreement in order to assist the Cooperation Council in carrying out its duties. It shall be composed of representatives of the Commission of the European Communities and of representatives of the members of the Council of the European Union on the one hand, and of representatives of the Government of the Russian Federation on the other, normally at senior civil servant level.

2. The Cooperation Committee shall prepare the meetings and the deliberations of the Cooperation Council, monitor the implementation of the recommendations of the Cooperation Council where appropriate and, in general, ensure continuity of the Partnership and the proper functioning of the Agreement. It shall submit any proposals or draft recommendations for adoption to the Cooperation Council.

3. Consultations referred to in Articles 16, 17 and 53 as well as in Annex 2 of the Agreement shall take place within the Cooperation Committee. The consultations may continue in the Cooperation Council if the Parties agree.

4. The rules of procedure of the Cooperation Committee are annexed to the present rules of procedure.

(1) OJ L 327, 28. 11. 1997, p. 1.

ANNEX

RULES OF PROCEDURE OF THE COOPERATION COMMITTEE

Article 1

Presidency

The Cooperation Committee shall be presided over alternately for periods of 12 months by a representative of the Commission of the European Communities, on behalf of the Communities and their Member States, and a representative of the Government of the Russian Federation. The first period shall begin on the date of the first Cooperation Council meeting and end on 31 December of the same year. For that period and thereafter for each 12-month period, the Cooperation Committee shall be chaired by the Party which holds the Presidency of the Cooperation Council.

Article 2

Meetings

The Cooperation Committee shall meet once a year and when circumstances require with the agreement of the Parties.

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

The meetings of the Cooperation Committee are jointly convened by the two Secretaries.

Article 3

Delegations

Before each meeting, the President shall be informed of the intended composition of the delegation of each Party.

Article 4

Secretariat

An official of the Commission of the European Communities and an official of the Government of the Russian Federation shall act jointly as Secretaries of the Cooperation Committee.

All communications to and from the President of the Cooperation Committee provided for in this Annex shall be forwarded to the Secretaries of the Cooperation Committee and to the Secretaries of the Cooperation Council and to the President of the Cooperation Council.

Article 5

Publicity

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

Article 6

Agenda for the meetings

1. A provisional agenda for each meeting shall be drawn up by the Secretaries of the Cooperation Committee. It shall be forwarded to the addressees 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 received by the Secretaries not later than the date of dispatch of the agenda.

The agenda shall be adopted by the Cooperation Committee 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. In agreement with the Parties the time limits specified in paragraph 1 may be shortened in order to take account of the requirements of a particular case.

3. The Cooperation Committee may ask experts to attend its meetings in order to provide information on particular subjects.

Article 7

Minutes

Minutes shall be taken for each meeting. Minutes shall sum up the conclusions arrived at by the Cooperation Committee.

Upon adoption by the Cooperation Committee, the minutes shall be signed by the President 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 of the present Annex.

Article 8

Recommendations

The Cooperation Committee shall not make recommendations except in the specific cases where it is empowered by the Cooperation Council under Article 92.2 of the Agreement. In such cases, these acts shall be entitled 'recommendation`, followed by a serial number, by the date of their adoption and by description of their subject. Recommendations shall be made by common agreement between the Parties.

Recommendations of the Cooperation Committee shall be forwarded to the addressees referred to in Article 4 of the present Annex. The Cooperation Committee may decide on the publication of such recommendations.

The recommendations of the Cooperation Committee shall be signed by the President and the Secretaries.

Article 9

Expenses

The Community and the Russian Federation shall each bear their expenses incurred by reason of their participation in the meetings of the Cooperation Committee and of its subcommittees and working groups, both with regard to staff, travel and subsistence expenditure and to postal and telecommunications expenditure.

Expenditure in connection with interpretation at meetings and translation of documents shall be borne by the European Communities, with the exception of expenditure in connection with interpretation or translation from one of the official languages of the European Communities into Russian which shall be borne by the Russian Federation.

Other expenditure relating to the material organisation of the meetings, including expenditure in connection with reproduction of those documents circulated at the meetings, shall be borne by the Party which hosts the meeting.

Article 10

Subcommittees and working groups

The Cooperation Committee may set up subcommittees and working groups to assist it in carrying out its duties. They shall be considered to work under the authority of the Cooperation Committee, to which they shall report after each one of their meetings. Subcommittees and working groups shall not make recommendations.

The Cooperation Committee may modify the terms of reference of any subcommittees or working groups, or eliminate any of them, or set up further subcommittees or working groups.