title: 2013/331/EU: Council Decision of 22 April 2013 on the position to be taken on behalf of the European Union with regard to the adoption of the Rules of Procedure of the EPA Committee, the Customs Cooperation Committee and the Joint Development Committee provided for by the Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, on the one part, and the European Community and its Member States, on the other part

text:
               28.6.2013

               EN

               Official Journal of the European Union

               L 177/1

         COUNCIL DECISION
   of 22 April 2013
   on the position to be taken on behalf of the European Union with regard to the adoption of the Rules of Procedure of the EPA Committee, the Customs Cooperation Committee and the Joint Development Committee provided for by the Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, on the one part, and the European Community and its Member States, on the other part
   (2013/331/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 207 and 209 in conjunction with Article 218(9) thereof,
   Having regard to Council Decision 2012/196/EC of 13 July 2009 on the signing and provisional application of the Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, on the one part, and the European Community and its Member States, on the other part (1),
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, on the one part, and the European Community and its Member States, on the other part (2) (hereinafter referred to as ‘the Agreement’) was signed on 29 August 2009 and is provisionally applied since 14 May 2012.

               (2)

               Article 64 of the Agreement establishes an EPA Committee, which is responsible for the administration of the Agreement and for the fulfilment of any of the tasks mentioned therein.

               (3)

               Article 64 of the Agreement provides that the EPA Committee adopts its rules of procedure.

               (4)

               The EPA Committee is assisted in the performance of its duties by the Customs Cooperation Committee, which is established in accordance with Article 41 of Protocol 1 to the Agreement, and the Joint Development Committee, which is established in accordance with Article 52 of the Agreement.

               (5)

               It is appropriate to establish the position to be adopted on behalf of the Union with regard to the adoption of the Rules of Procedure of the EPA Committee, the Customs Cooperation Committee and the Joint Development Committee,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted on behalf of the Unionwith regard to the adoption of a decision of the EPA Committee provided for by the Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, on the one part, and the European Community and its Member States, on the other part, on its Rules of Procedure, on the Rules of Procedure of the Customs Cooperation Committee and on the Rules of Procedure of the Joint Development Committee shall be based on the draft Decision of the EPA Committee attached to this Decision.
   Minor changes to the draft Decision of the EPA Committee may be agreed to without further decision of the Council.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 22 April 2013.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 111, 24.4.2012, p. 1.

      (2)  OJ L 111, 24.4.2012, p. 2.

      DRAFT
      DECISION No …/2013 OF THE EPA COMMITTEE
      of
      set up by the Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, on the one part, and the European Community and its Member States, on the other part concerning the adoption of the Rules of Procedure of the EPA Committee, the Customs Cooperation Committee and the Joint Development Committee
      THE EPA COMMITTEE,
      Having regard to the Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, on the one part, and the European Community and its Member States, on the other part (hereinafter referred to as ‘the Agreement’), signed in Grand Baie on 29 August 2009 and provisionally applied since 14 May 2012, and in particular Article 64 thereof,
      Whereas:

                  (1)

                  The Agreement provides that the EPA Committee adopts its rules of procedure.

                  (2)

                  The EPA Committee is to be assisted in the performance of its duties by the Customs Cooperation Committee, which is established in accordance with Article 41 of the Protocol 1 of the Agreement, and the Joint Development Committee, which is established in accordance with Article 52 of the Agreement,

            HAS ADOPTED THIS DECISION:
      Article 1
      1.   The Rules of Procedure of the following committees are hereby established as set out in the Annexes:

                  Annex I – the EPA Committee;

                  Annex II – the Customs Cooperation Committee;

                  Annex III – the Joint Development Committee.

            2.   Those Rules of Procedure are without prejudice to any special rules provided for in the Agreement or which may be decided by the EPA Committee.
      Article 2
      This Decision shall enter into force on ….

         Done at (place), on (date)

               For the signatory ESA States

               For the EU Party

         ANNEX I

            RULES OF PROCEDURE OF THE EPA COMMITTEE

            set up by the Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, on the one part, and the European Community and its Member States, on the other part

         Article 1
         Scope of application
         These Rules of Procedure shall apply to the proceedings of any of the meetings of the EPA Committee.
         Article 2
         Composition and Chair
         1.   The EPA Committee is composed, on the one hand, of representatives of Signatory States from the Eastern and Southern Africa (‘Signatory ESA States’) (1) and, on the other of representatives ofthe EU Party, at ministerial or senior official level.
         2.   Reference to ‘the Parties’ in these Rules of Procedure is in accordance with the definition provided for in Article 61 of the Agreement.
         3.   The EPA Committee at ministerial level shall be co-chaired by a representative of the Signatory ESA States and by a representative of the European Union (‘EU’). The EPA Committee at senior official level shall be co-chaired by the representatives of the Signatory ESA States, normally at senior official level and by the senior officials of the European Commission, on behalf of the EU Party. The Signatory ESA States assume chairmanship on a yearly rotating basis.
         Article 3
         Observers
         1.   Representatives of the Common Market for Eastern and Southern Africa (COMESA) and representatives of the Indian Ocean Commission (IOC) shall be invited to participate in the EPA Committee meetings as observers.
         2.   The Secretary of the EPA Committee shall notify representatives of COMESA and the IOC of any meeting of the EPA Committee so that they may participate as observers.
         3.   The Parties may collectively decide to invite additional observers on an ad hoc basis. Such observers may participate at the meeting, upon invitation of a Co-chairman and approval of the EPA Committee.
         4.   The EPA Committee may determine that any part of meetings involving sensitive matters may be closed to observers.
         Article 4
         Meetings
         1.   The EPA Committee shall meet once a year or when circumstances so require, if the Parties so agree. If both Parties agree, the meetings of the EPA Committee may be held by video- or tele-conference. In such a case each Party bears its respective cost associated with holding the meeting by such means, unless agreed otherwise.
         2.   Each session of the EPA Committee shall be held at a date and place agreed by both Parties.
         3.   The meetings of the EPA Committee shall be convened by the Secretary of the EPA Committee.
         Article 5
         Delegations
         Before each meeting, the Co-chairs of the EPA Committee shall be informed of the intended composition of the delegations of the Signatory ESA States and of the EU Party.
         Article 6
         Secretariat
         1.   Officials of the Signatory ESA States and of the European Commission shall act alternately for periods of 12 months as Secretary of the EPA Committee. The Signatory ESA State may be assisted by the COMESA Secretariat.
         2.   Notwithstanding paragraph 1, the first period shall begin on the date of the first meeting of the EPA Committee and end on 31 December of the year thereafter. The Secretariat of the EPA Committee shall be held first by a representative of the European Commission. The Signatory ESA States assume the Secretariat on a rotating basis.
         Article 7
         Documents
         Where the deliberations of the EPA Committee are based on written supporting documents, such documents shall be numbered and circulated as documents of the EPA Committee by the Secretary at least 14 days before the beginning of the meeting.
         Article 8
         Correspondence
         1.   All correspondence addressed to the EPA Committee shall be directed to the Secretary of the EPA Committee.
         2.   The Secretary shall ensure that correspondence addressed to the EPA Committee is forwarded to the Co-chairs of the Committee and circulated, where appropriate as documents referred to in Article 7.
         3.   Correspondence from the Co-chairs of the EPA Committee shall be sent to the Parties by the Secretary and circulated where appropriate as documents referred to in Article 7.
         Article 9
         Agenda for the meetings
         1.   A provisional annotated agenda for each meeting shall be drawn up by the Secretary of the EPA Committee on the basis of proposals made by the Parties. It shall be forwarded by the Secretary of the EPA Committee to the Parties no later than three weeks before the beginning of the meeting.
         2.   The provisional annotated agenda shall include the items for which a request for inclusion in the agenda has been received by the Secretary no later than one month before the beginning of the meeting, although such items will not be included in the provisional agenda unless the relevant supporting documents have been received by the Secretary no later than the date of dispatch of the provisional agenda.
         3.   The agenda shall be adopted by the EPA 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 Parties so agree.
         4.   The Co-chairs of the EPA Committee, in agreement with the Parties, may invite experts to attend its meetings in order to provide information on specific subjects.
         5.   With the agreement of the Parties, the Secretary may abridge the time limit specified in paragraph 1 in order to take account of the requirements of a particular case.
         Article 10
         Minutes
         1.   Draft minutes of each meeting shall be drawn up by the Secretary as soon as possible, normally within a month of the meeting.
         2.   The minutes shall, as a general rule, summarise each item on the agenda, specifying where applicable:

                     (a)

                     all documents submitted to the EPA Committee,

                     (b)

                     any statement that a member of the EPA Committee has asked to be entered,

                     (c)

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

               3.   The minutes shall also include a list of participants to the EPA Committee and a list of any observers to the meeting.
         4.   Approval of the minutes shall be confirmed in writing within two months of the date of the meeting by the Signatory ESA states and the EU Party. Once approved, the minutes shall be signed by the Secretary. Each Signatory ESA State and the EU Party shall receive one original of these authentic documents.
         Article 11
         Decisions and Recommendations
         1.   The EPA Committee shall adopt decisions and recommendations by consensus.
         2.   The EPA Committee may decide to submit any general matter of an all ACP-EU interest arising under the Agreement to the ACP-EU Council of Ministers as defined in Article 15 of the Partnership Agreement between the Members of the African, Caribbean and Pacific Group of States of the one part, and the EC and its Member States of the other part (the Cotonou Agreement).
         3.   In the period between meetings, the EPA Committee may adopt decisions and recommendations by written procedure if both Parties so agree. A written procedure shall consist of an exchange of notes between the Parties.
         4.   Decisions and recommendations of the EPA Committee shall be entitled ‘Decision’ or ‘Recommendation’ respectively, and followed by a serial number, the date of their adoption and a description of their subject. Each decision shall provide for the date of its entry into force.
         5.   Decisions and recommendations adopted by the EPA Committee shall be authenticated by a representative of the Signatory ESA States and by a representative of the European Commission on behalf of the EU Party.
         6.   Decisions and recommendations shall be forwarded to the Parties as documents of the EPA Committee.
         Article 12
         Publicity
         1.   Unless otherwise decided, meetings of the EPA Committee shall not be public.
         2.   Each Party may decide on the publication of the decisions or recommendations of the EPA Committee in its respective official publication.
         Article 13
         Languages
         1.   The working languages of the EPA Committee shall be the official languages common to the Parties, English and French.
         2.   The EPA Committee shall base its deliberations and adopt decisions on documentation and proposals prepared as far as possible in both languages referred to in paragraph 1. Decisions and recommendations are provided in both languages referred to in paragraph 1.
         Article 14
         Expenses
         1.   Each Party shall meet any expenses it incurs as a result of participating in the meetings of the EPA Committee, both with regard to staff, travel and subsistence expenditure and with regard to postal and telecommunications expenditure.
         2.   Expenditure in connection with the organisation of meetings and reproduction of documents shall be borne by the Party hosting the meeting.
         3.   Expenditure in connection with the provision of interpretation services at meetings and translation of documents shall be borne by the Party hosting the meeting. Expenditure associated with the provision of interpretation services and translation of documents into or from other official languages of the European Union shall be borne by the EU Party.
         Article 15
         Amendment of Rules of Procedure
         These Rules of Procedure may be amended in accordance with paragraph 1 of Article 11 hereof.

            (1)  Madagascar, Mauritius, Seychelles and Zimbabwe.

         ANNEX II

            RULES OF PROCEDURE OF THE CUSTOMS COOPERATION COMMITTEE

            set up by the Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, on the one part, and the European Community and its Member States, on the other part

         Article 1
         Scope of application
         These Rules of Procedure shall apply to the proceedings of any of the meetings of the Customs Cooperation Committee.
         Article 2
         Role of the Customs Cooperation Committee
         The Customs Cooperation Committee is established in accordance with Article 41 of Protocol 1 to the Agreement. It shall also deal with all matters delegated to it by the EPA Committee.
         Article 3
         Composition and Chair
         1.   The Customs Cooperation Committee is composed, on the one hand, of representatives of Signatory States from the Eastern and Southern Africa (‘Signatory ESA States’) (1) and, on the other of representatives of the EU Party.
         2.   Reference to ‘the Parties’ in these Rules of Procedure is in accordance with the definition provided for in Article 61 of the Agreement.
         3.   The Customs Cooperation Committee shall be co-chaired by a representative of the Signatory ESA States and by a representative of the European Commission, on behalf of the EU Party. The Signatory ESA States assume the chairmanship on a yearly rotating basis.
         Article 4
         Observers
         1.   Representatives of the Common Market for Eastern and Southern Africa (COMESA) and representatives of the Indian Ocean Commission (IOC) shall be invited to participate in the Customs Cooperation Committee meetings as observers.
         2.   The Secretary of the Customs Cooperation Committee shall notify representatives of COMESA and the IOC of any meeting of the Customs Cooperation Committee so that they may participate as observers.
         3.   The Parties may collectively decide to invite additional observers on an ad hoc basis. Such observers may participate at the meeting, upon invitation of a Co-chairman and approval of the Customs Cooperation Committee.
         4.   The Customs Cooperation Committee may determine that any part of meetings involving sensitive matters may be closed to observers.
         Article 5
         Meetings
         1.   Unless otherwise specified in the Agreement, the Customs Cooperation Committee shall meet upon request of either Party. If both Parties agree, the meetings of the Customs Cooperation Committee may be held by video- or tele-conference. In such a case each Party bears its respective cost associated with holding the meeting by such means, unless agreed otherwise.
         2.   Each session of the Customs Cooperation Committee shall be held at a date and place agreed by both Parties.
         3.   The meetings of the Customs Cooperation Committee shall be convened by the Secretary of the Customs Cooperation Committee.
         Article 6
         Delegations
         Before each meeting, the Co-chairs of the Customs Cooperation Committee shall be informed of the intended composition of the delegations of the Signatory ESA States and of the EU Party.
         Article 7
         Secretariat
         Officials of the Signatory ESA States and of the European Commission shall act alternately for periods of 12 months as Secretary of the Customs Cooperation Committee. The Signatory ESA State may be assisted by the COMESA Secretariat. Those periods shall coincide with the holding of the Secretariat of the EPA Committee by respectively the Signatory ESA States and the European Commission. The Signatory ESA States assume the Secretariat on a rotating basis.
         Article 8
         Documents
         Where the deliberations of the Customs Cooperation Committee are based on written supporting documents, such documents shall be numbered and circulated as documents of the Customs Cooperation Committee by the Secretary at least 14 days before the beginning of the meeting.
         Article 9
         Correspondence
         1.   All correspondence addressed to the Customs Cooperation Committee shall be directed to the Secretary of the Customs Cooperation Committee.
         2.   The Secretary shall ensure that correspondence addressed to the Customs Cooperation Committee is forwarded to the Co-chairs of the Committee and circulated, where appropriate as documents referred to in Article 8.
         3.   Correspondence from the Co-chairs of the Customs Cooperation Committee shall be sent to the Parties by the Secretary and circulated where appropriate as documents referred to in Article 8.
         Article 10
         Agenda for the meetings
         1.   A provisional annotated agenda for each meeting shall be drawn up by the Secretary of the Customs Cooperation Committee on the basis of proposals made by the Parties. It shall be forwarded by the Secretary of the Customs Cooperation Committee to the Parties no later than three weeks before the beginning of the meeting.
         2.   The provisional annotated agenda shall include the items for which a request for inclusion in the agenda has been received by the Secretary no later than one month before the beginning of the meeting, although such items will not be included in the provisional agenda unless the relevant supporting documents have been received by the Secretary no later than the date of dispatch of the provisional agenda.
         3.   The agenda shall be adopted by the Customs 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 Parties so agree.
         4.   The Co-chairs of the Customs Cooperation Committee, in agreement with the Parties, may invite experts to attend its meetings in order to provide information on specific subjects.
         5.   With the agreement of the Parties, the Secretary may abridge the time limit specified in paragraph 1 in order to take account of the requirements of a particular case.
         Article 11
         Minutes
         1.   Draft minutes of each meeting shall be drawn up by the Secretary as soon as possible, normally within a month of the meeting.
         2.   The minutes shall, as a general rule, summarise each item on the agenda, specifying where applicable:

                     (a)

                     all documents submitted to the Customs Cooperation Committee,

                     (b)

                     any statement that a member of the Customs Cooperation Committee has asked to be entered,

                     (c)

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

               3.   The minutes shall also include a list of participants to the Customs Cooperation Committee and a list of any observers to the meeting.
         4.   Approval of the minutes shall be confirmed in writing within two months of the date of the meeting by the Signatory ESA states and the EU Party. Once approved, the minutes shall be signed by the Secretary. Each Signatory ESA State and the EU Party shall receive one original of these authentic documents.
         Article 12
         Decisions and Recommendations
         1.   The Customs Cooperation Committee shall adopt decisions and recommendations by consensus.
         2.   In the period between meetings, the Customs Cooperation Committee may adopt decisions and recommendations by written procedure if both Parties so agree. A written procedure shall consist of an exchange of notes between the Parties.
         3.   Decisions or recommendations of the Customs Cooperation Committee shall be entitled ‘Decision’ or ‘Recommendation’ respectively, and followed by a serial number, the date of their adoption and a description of their subject. Each decision shall provide for the date of its entry into force.
         4.   Decisions and recommendations adopted by the Customs Cooperation Committee shall be authenticated by a representative of the Signatory ESA States and by a representative of the European Commission on behalf of the EU Party.
         5.   Decisions and recommendations shall be forwarded to the Parties and to the EPA Committee as documents of the Customs Cooperation Committee.
         Article 13
         Publicity
         1.   Unless otherwise decided, meetings of the Customs Cooperation Committee shall not be public.
         2.   Each Party may decide on the publication of the decisions and recommendations of the Customs Cooperation Committee in its respective official publication.
         Article 14
         Languages
         1.   The working languages of the Customs Cooperation Committee shall be the official languages common to the Parties, English and French.
         2.   The Customs Cooperation Committee shall base its deliberations and adopt decisions on documentation and proposals prepared as far as possible in both languages referred to in paragraph 1. Decisions and recommendations are provided in both languages referred to in paragraph 1.
         Article 15
         Expenses
         1.   Each Party shall meet any expenses it incurs as a result of participating in the meetings of the Customs Cooperation Committee, both with regard to staff, travel and subsistence expenditure and with regard to postal and telecommunications expenditure.
         2.   Expenditure in connection with the organisation of meetings and reproduction of documents shall be borne by the Party hosting the meeting.
         3.   Expenditure in connection with the provision of interpretation services at meetings and translation of documents shall be borne by the Party hosting the meeting. Expenditure associated with the provision of interpretation services and translation of documents into or from other official languages of the European Union shall be borne by the EU Party.
         Article 16
         Reporting
         The Customs Cooperation Committee shall report to the EPA Committee.
         Article 17
         Amendment of Rules of Procedure
         These Rules of Procedure may be amended by the EPA Committee. The Customs Cooperation Committee may submit recommendations to the EPA Committee proposing changes to the Rules of Procedure.

            (1)  Madagascar, Mauritius, Seychelles and Zimbabwe.

         ANNEX III

            RULES OF PROCEDURE OF THE JOINT DEVELOPMENT COMMITTEE

            set up by the Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, on the one part, and the European Community and its Member States, on the other part

         Article 1
         Scope of application
         These Rules of Procedure shall apply to the proceedings of any of the meetings of the Joint Development Committee.
         Article 2
         Role of the Joint Development Committee
         The Joint Development Committee is established as a sub-committee of the EPA Committee. In accordance with Article 52 of the Agreement, it shall discuss development cooperation issues linked to the implementation of that Agreement.
         Article 3
         Composition and Chair
         1.   The Joint Development Committee is composed, on the one hand, of representatives of Signatory States from the Eastern and Southern Africa (‘Signatory ESA States’) (1) and, on the other of representatives of the EU Party.
         2.   Reference to ‘the Parties’ in these Rules of Procedure is in accordance with the definition provided for in Article 61 of the Agreement.
         3.   The Joint Development Committee shall be co-chaired by a representative of the Signatory ESA States and by a representative of the European Commission, on behalf of the EU Party. The Signatory ESA States assume the chairmanship on a yearly rotating basis.
         Article 4
         Observers
         1.   Representatives of the Common Market for Eastern and Southern Africa (COMESA) and representatives of the Indian Ocean Commission (IOC) shall be invited to participate in the Joint Development Committee meetings as observers.
         2.   The Secretary of the Joint Development Committee shall notify representatives of COMESA and the IOC of any meeting of the Joint Development Committee so that they may participate as observers.
         3.   The Parties may collectively decide to invite additional observers on an ad hoc basis. Such observers may participate at the meeting, upon invitation of a Co-chairman and approval of the Joint Development Committee.
         4.   The Joint Development Committee may determine that any part of meetings involving sensitive matters may be closed to observers.
         Article 5
         Meetings
         1.   Unless otherwise specified in the Agreement, the Joint Development Committee shall meet upon request of either Party. If both Parties agree, the meetings of the Joint Development Committee may be held by video- or tele-conference. In such a case each Party bears its respective cost associated with holding the meeting by such means, unless agreed otherwise.
         2.   Each session of the Joint Development Committee shall be held at a date and place agreed by both Parties.
         3.   The meetings of the Joint Development Committee shall be convened by the Secretary of the Joint Development Committee.
         Article 6
         Delegations
         Before each meeting, the Co-chairs of the Joint Development Committee shall be informed of the intended composition of the delegations of the Signatory ESA States and of the EU Party.
         Article 7
         Secretariat
         Officials of the Signatory ESA States and of the European Commission shall act alternately for periods of 12 months as Secretary of the Joint Development Committee. The Signatory ESA State may be assisted by the COMESA Secretariat. Those periods shall coincide with the holding of the Secretariat of the EPA Committee by respectively the Signatory ESA States and the European Commission. The Signatory ESA States assume the Secretariat on a rotating basis.
         Article 8
         Documents
         Where the deliberations of the Joint Development Committee are based on written supporting documents, such documents shall be numbered and circulated as documents of the Joint Development Committee by the Secretary at least 14 days before the beginning of the meeting.
         Article 9
         Correspondence
         1.   All correspondence addressed to the Joint Development Committee shall be directed to the Secretary of the Joint Development Committee.
         2.   The Secretary shall ensure that correspondence addressed to the Joint Development Committee is forwarded to the Co-chairs of the Committee and circulated, where appropriate as documents referred to in Article 8.
         3.   Correspondence from the Co-chairs of the Joint Development Committee shall be sent to the Parties by the Secretary and circulated where appropriate as documents referred to in Article 8.
         Article 10
         Agenda for the meetings
         1.   A provisional agenda for each meeting shall be drawn up by the Secretary of the Joint Development Committee on the basis of proposals made by the Parties. It shall be forwarded by the Secretary of the Joint Development Committee to the Parties no later than three weeks before the beginning of the meeting.
         2.   The provisional agenda shall include the items for which a request for inclusion in the agenda has been received by the Secretary no later than one month before the beginning of the meeting, although such items will not be included in the provisional agenda unless the relevant supporting documents have been received by the Secretary no later than the date of dispatch of the provisional agenda.
         3.   The agenda shall be adopted by the Joint Development 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 Parties so agree.
         4.   The Co-chairs of the Joint Development Committee, in agreement with the Parties, may invite experts to attend its meetings in order to provide information on specific subjects.
         5.   With the agreement of the Parties, the Secretary may abridge the time limit specified in paragraph 1 in order to take account of the requirements of a particular case.
         Article 11
         Minutes
         1.   Draft minutes of each meeting shall be drawn up by the Secretary as soon as possible, normally within a month of the meeting.
         2.   The minutes shall, as a general rule, summarise each item on the agenda, specifying where applicable:

                     (a)

                     all documents submitted to the Joint Development Committee,

                     (b)

                     any statement that a member of the Joint Development Committee has asked to be entered,

                     (c)

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

               3.   The minutes shall also include a list of participants to the Joint Development Committee and a list of any observers to the meeting.
         4.   Approval of the minutes shall be confirmed in writing within two months of the date of the meeting by the Signatory ESA states and the EU Party. Once approved, the minutes shall be signed by the Secretary. Each Signatory ESA State and the EU Party shall receive one original of these authentic documents.
         Article 12
         Recommendations
         1.   The Joint Development Committee shall adopt recommendations by consensus.
         2.   In the period between meetings, the Joint Development Committee may adopt recommendations by written procedure if both Parties so agree. A written procedure shall consist of an exchange of notes between the Parties.
         3.   Recommendations of the Joint Development Committee shall be entitled ‘Recommendation’ and followed by a serial number, the date of their adoption and a description of their subject.
         4.   Recommendations adopted by the Joint Development Committee shall be authenticated by a representative of the Signatory ESA States and by a representative of the European Commission on behalf of the EU Party.
         5.   Recommendations shall be forwarded to the Parties as documents of the Joint Development Committee and shall be submitted to the EPA Committee for consideration.
         Article 13
         Publicity
         Unless otherwise decided, meetings of the Joint Development Committee shall not be public.
         Article 14
         Languages
         1.   The working languages of the Joint Development Committee shall be the official languages common to the Parties, English and French.
         2.   The Joint Development Committee shall base its deliberations and make recommendations on documentation and proposals prepared as far as possible in both languages referred to in paragraph 1. Recommendations are provided in both languages referred to in paragraph 1.
         Article 15
         Expenses
         1.   Each Party shall meet any expenses it incurs as a result of participating in the meetings of the Joint Development Committee, both with regard to staff, travel and subsistence expenditure and with regard to postal and telecommunications expenditure.
         2.   Expenditure in connection with the organisation of meetings and reproduction of documents shall be borne by the Party hosting the meeting.
         3.   Expenditure in connection with the provision of interpretation services at meetings and translation of documents shall be borne by the Party hosting the meeting. Expenditure associated with the provision of interpretation services and translation of documents into or from other official languages of the European Union shall be borne by the EU Party.
         Article 16
         Reporting
         The Joint Development Committee shall report to the EPA Committee.
         Article 17
         Amendment of Rules of Procedure
         These Rules of Procedure may be amended by the EPA Committee. The Joint Development Committee may submit recommendations to the EPA Committee proposing changes to the Rules of Procedure.

            (1)  Madagascar, Mauritius, Seychelles and Zimbabwe


title: Commission Decision of 17 February 2015 amending Decision C(2013) 8915 establishing the European Research Council

text:
               18.2.2015

               EN

               Official Journal of the European Union

               C 58/3

         COMMISSION DECISION
   of 17 February 2015
   amending Decision C(2013) 8915 establishing the European Research Council
   (2015/C 58/04)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Decision 2013/743/EU of 3 December 2013 establishing the specific programme implementing Horizon 2020 — The Framework Programme for Research and Innovation (2014-2020) (1), and in particular Article 7(1) thereof,
   Whereas:

               (1)

               By Commission Decision C(2013) 8915 of 12 December 2013 establishing the European Research Council (2), the Commission established the European Research Council (‘ERC’) for the period from 1 January 2014 to 31 December 2020 as the means of implementing the actions under Part I ‘Excellent science’ which relate to the specific objective ‘The European Research Council (ERC)’, referred to in point (a) of Article 3(1) of Decision 2013/743/EU.

               (2)

               The ERC is composed of the independent Scientific Council provided for in Article 7 of Decision 2013/743/EU and the dedicated implementation structure provided for in Article 8 of Decision 2013/743/EU.

               (3)

               The Scientific Council is composed of the President of the ERC (‘ERC President’) and 21 other members appointed for the term of office laid down in Annex I to Decision C(2013) 8915.

               (4)

               Members of the Scientific Council are appointed for a term of up to four years, renewable once (3). They should be appointed in a manner to ensure the continuity of the work of the Scientific Council.

               (5)

               The term of office of nine of the members of the Scientific Council ends on 31 December 2014 and there is a need for renewal of the Scientific Council membership.

               (6)

               According to Article 7(1) of Decision 2013/743/EU, the members of the Scientific Council are appointed by the Commission, following an independent and transparent procedure for their identification agreed with the Scientific Council, including a consultation of the scientific community and a report to the European Parliament and the Council. For this purpose, a standing committee for the identification of future members of the Scientific Council has been set up. The Identification Committee made recommendations to the Commission for the replacement and reappointment of members of the Scientific Council that have been accepted.

               (7)

               In line with recommendations of the Identification Committee three members of the Scientific Council are reappointed and three new members are appointed. The three remaining vacancies will be filled as soon as possible.

               (8)

               Decision C(2013) 8915 should therefore be amended accordingly,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Annex I to Decision C(2013) 8915 is replaced by the text set out in the Annex to this Decision.
   Article 2
   This Decision shall enter into force on 1 January 2015.

      Done at Brussels, 17 February 2015.

            For the Commission

         Carlos MOEDAS

            Member of the Commission

      (1)  OJ L 347, 20.12.2013, p. 965.

      (2)  OJ C 373, 20.12.2013, p. 23.

      (3)  Article 2(3) of Decision C(2013) 8915.

      ANNEX

            ‘ANNEX I
            Members of the Scientific Council

                        Name and Institute

                        End of term of office

                        Klaus BOCK, Danish National Research Foundation

                        31 December 2016

                        Nicholas CANNY, National University of Ireland, Galway

                        31 December 2015

                        Sierd A.P.I. CLOETINGH, Utrecht University

                        31 December 2015

                        Athene DONALD, University of Cambridge

                        31 December 2016

                        Barbara ENSOLI, Instituto Superiore di Sanita, Roma

                        31 December 2016

                        Nuria Sebastian GALLES, University of Pompeu Fabra, Barcelona

                        31 December 2016

                        Reinhard GENZEL, Max Planck Institute for Extraterrestrial Physics

                        31 December 2016

                        Timothy HUNT, Cancer Research UK, South Mimms

                        31 December 2015

                        Tomas JUNGWIRTH, Academy of Sciences of the Czech Republic

                        31 December 2018

                        Matthias KLEINER, Technical University of Dortmund

                        31 December 2016

                        Eva KONDOROSI, Hungarian Academy of Sciences

                        31 December 2016

                        Mart SAARMA, University of Helsinki

                        31 December 2016

                        Nils Christian STENSETH, University of Oslo

                        31 December 2017

                        Martin STOKHOF, University of Amsterdam

                        31 December 2017

                        Janet THORNTON, European Bioinformatics Institute (EMBL-EBI) European Molecular Biology Laboratory

                        31 December 2018

                        Reinhilde VEUGELERS, Catholic University of Leuven

                        31 December 2016

                        Michel WIEVIORKA, Centre for Sociological Analysis and Intervention, Paris

                        31 December 2017

                        Fabio ZWIRNER, University of Padova

                        31 December 2018’


title: 2004/818/EC, Euratom: Council Decision of 19 November 2004 appointing a German member of the Economic and Social Committee

text:
               2.12.2004

               EN

               Official Journal of the European Union

               L 357/34

      COUNCIL DECISION

   of 19 November 2004
   appointing a German member of the Economic and Social Committee
   (2004/818/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,
   Having regard to Council Decision 2002/758/EC, Euratom of 17 September 2002 appointing the members of the Economic and Social Committee for the period from 21 September 2002 to 20 September 2006 (1),

         Having regard to the nomination submitted by the German Government,
   Having obtained the opinion of the Commission of the European Union,
   HAS DECIDED AS FOLLOWS:
   Sole Article
   Mr Alfred GEISSLER is hereby appointed a member of the Economic and Social Committee in place of Mr Ulrich FREESE for the remainder of the latter's term of office, which runs until 20 September 2006.

      Done at Brussels, 19 November 2004.

            For the Council

            The President

         J. P. H. DONNER

      (1)  OJ L 253, 21.9.2002, p. 9.