Executive Summary:
This document outlines the rules of procedure for the Stabilisation and Association Council and its Committee between the EU and Bosnia and Herzegovina, following the entry into force of the Stabilisation and Association Agreement on June 1, 2015. It details aspects such as chairmanship rotation, meeting protocols, representation, secretariat duties, agenda setting, decision-making processes, and expense allocation. The rules aim to ensure the continuity and proper functioning of the association relationship.
Key Points / Main Content:
Council Chairmanship and Meetings:
* Chairmanship rotates between the Parties every 12 months, starting from the date of the first meeting and ending on December 31st of the same year.
* The Council meets annually at ministerial level, with special sessions possible upon request and agreement.
* Meetings are held at the usual venue for meetings of the Council of the European Union, unless otherwise agreed.
Representation and Delegations:
* Members may be represented, with prior notification to the Chair. Representatives have full member rights.
* Members may be accompanied by officials, with the Chair notified of delegation composition before each meeting.
* The European Investment Bank attends as an observer when relevant matters are on the agenda. Non-members may be invited for specific subjects.
Secretariat and Correspondence:
* An official from the General Secretariat of the Council of the European Union and an official from the Mission of Bosnia and Herzegovina to the EU act as joint Secretaries.
* Correspondence is sent to the Chair at the General Secretariat of the Council of the European Union. The Secretaries manage correspondence flow.
Agendas and Minutes:
* The Chair drafts provisional agendas, circulated 15 days before meetings. Items for inclusion must be requested 21 days prior.
* Agendas are adopted at the beginning of each meeting, with additional items added by agreement.
* The Secretaries prepare draft minutes, including documentation, statements, decisions, and conclusions.
* Approved minutes are signed by the Chair and Secretaries, filed at the General Secretariat of the Council of the European Union, and distributed.
Decisions and Recommendations:
* Decisions and recommendations are made by common agreement, potentially via written procedure.
* They are titled "Decision" or "Recommendation," followed by a serial number, date, and subject description.
* The Chair signs decisions and recommendations, authenticated by the Secretaries, and distributed. Publication is at each Party's discretion.
Languages and Expenses:
* Official languages are those of both Parties, with deliberations based on documentation in these languages.
* Each Party covers its own expenses related to participation. The host Party bears costs for interpreting, translation, document reproduction, and meeting organisation.
Stabilisation and Association Committee:
* A Committee is established to assist the Council, composed of representatives from both Parties, typically at senior civil servant level.
* The Committee prepares meetings, implements decisions, ensures continuity, considers referred matters, and submits proposals.
* Consultations may occur within the Committee, continuing in the Council if agreed.
Committee Procedures (Annex):
* Mirrors Council procedures for chairmanship rotation, meeting arrangements, delegation composition, and secretariat functions.
* Agendas are circulated 30 working days in advance, with item requests due 35 working days prior.
* Experts may be invited.
* Minutes are based on the Chair's summary of conclusions.
* The Committee can establish subcommittees and special groups, which have no decision-making powers.
Impact Analysis:
European Union and Bosnia and Herzegovina:
Impact: Both parties are responsible for alternately chairing the Stabilisation and Association Council and its Committee. They must ensure representation at meetings and adhere to the established rules for agenda setting, decision-making, and communication.
Action Required: Ensure appropriate staffing and resources are allocated to participate in meetings, prepare documentation, and implement decisions.
General Secretariat of the Council of the European Union and Mission of Bosnia and Herzegovina to the European Union (Secretaries):
Impact: These entities are jointly responsible for the secretariat functions of both the Council and Committee. They play a crucial role in coordinating meetings, managing correspondence, preparing minutes, and authenticating decisions.
Action Required: Establish clear communication channels and workflows to ensure efficient and accurate handling of administrative tasks.
Members of the Stabilisation and Association Council and Committee:
Impact: The policy dictates how members participate in meetings, including representation, delegation composition, and agenda setting.
Action Required: Adhere to notification requirements for representation and delegation composition. Submit agenda item requests and supporting documentation within the specified timeframes.
European Investment Bank:
Impact: The EIB is entitled to attend the meetings of the Stabilisation and Association Council, as an observer, when matters which concern the Bank appear on the agenda.
Action Required: Monitor meeting agendas to identify relevant topics and ensure appropriate representation at Council meetings.
Key Entities Referenced
Bosnia and Herzegovina: A country that is party to the Stabilisation and Association Agreement with the European Communities.
European Union: One of the parties in the Stabilisation and Association Agreement, responsible for defraying expenses related to participation in meetings.
Stabilisation and Association Council: A council established by the Stabilisation and Association Agreement between the European Communities and Bosnia and Herzegovina, responsible for making decisions and recommendations.
Stabilisation and Association Agreement: An agreement between the European Communities and their Member States, and Bosnia and Herzegovina.
Council of the European Union: An institution of the European Union, its General Secretariat acts as the depository of documents of the Association.
European Commission: An institution of the European Union, represented in the Stabilisation and Association Committee.
Stabilisation and Association Committee: A committee established to assist the Stabilisation and Association Council in carrying out its duties.
European Investment Bank: An observer in the meetings of the Stabilisation and Association Council when matters concerning the Bank appear on the agenda.
26.1.2016 EN Official Journal of the European Union L 17/17
ACTS ADOPTED BY BODIES CREATED BY
INTERNATIONAL AGREEMENTS
DECISION No 1 OF THE EU-BOSNIA AND HERZEGOVINA STABILISATION AND
ASSOCIATION COUNCIL
of 11 December 2015
adopting its rules of procedure [2016/88]
THE STABILISATION AND ASSOCIATION COUNCIL,
Having regard to the Stabilisation and Association Agreement between the European Communities and their Member
States, of the one part, and Bosnia and Herzegovina, of the other part (‘the Agreement’), and in particular Articles 115,
116, 118 and 120 thereof,
Whereas the Agreement entered into force on 1 June 2015,
HAS ADOPTED THIS DECISION:
Article 1
Chairmanship
The Parties shall hold the chairmanship of the Stabilisation and Association Council alternately for a period of
12 months. The first period shall begin on the date of the first Stabilisation and Association Council meeting and end
on 31 December of the same year.
Article 2
Meetings
The Stabilisation and Association Council shall meet at ministerial level once a year. Special sessions of the Stabilisation
and Association Council may be held at the request of either Party, if the Parties so agree. Unless otherwise agreed by
the Parties, each session of the Stabilisation and 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. Meetings of the Stabilisation and Association Council
shall be jointly convened by the Secretaries of the Stabilisation and Association Council in agreement with the Chair.
Article 3
Representation
The members of the Stabilisation and Association Council may be represented if unable to attend. If a member wishes to
be so represented, he must notify the Chair of the name of his representative before the meeting at which he is to be so
represented. The representative of a member of the Stabilisation and Association Council shall exercise all the rights of
that member.
Article 4
Delegations
The members of the Stabilisation and Association Council may be accompanied by officials. Before each meeting, the
Chair 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 Stabilisation and Association Council, as an observer, when mattersL 17/18 EN Official Journal of the European Union 26.1.2016
which concern the Bank appear on the agenda. The Stabilisation and 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 Bosnia and
Herzegovina to the European Union shall act jointly as Secretaries of the Stabilisation and Association Council.
Article 6
Correspondence
Correspondence addressed to the Stabilisation and Association Council shall be sent to the Chair of the Stabilisation and
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 Chair of the Stabilisation and Association
Council and, where appropriate, circulated to other members of the Stabilisation and Association Council. Correspond
ence circulated shall be sent to the Secretariat-General of the Commission, the European External Action Service, the
Permanent Representations of the Member States and the Mission of Bosnia and Herzegovina to the European Union.
Communications from the Chair of the Stabilisation and Association Council shall be sent to the addressees by the two
Secretaries and circulated, where appropriate, to the other members of the Stabilisation and Association Council referred
to in the second paragraph.
Article 7
Publicity
Unless otherwise decided, the meetings of the Stabilisation and Association Council shall not be public.
Article 8
Agendas for meetings
1. The Chair shall draw up a provisional agenda for each meeting. It shall be forwarded by the Secretaries of the
Stabilisation and Association Council to the addressees 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 Chair has received a
request for inclusion on the agenda not later than 21 days before the beginning of the meeting, although 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 despatch of the agenda. The agenda shall be adopted by the Stabilisation and 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 Chair may, in agreement with the two Parties, shorten the time limits specified in paragraph 1 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 Stabilisation and Association Council,
— statements requested for entry by a member of the Stabilisation and Association Council,
— the decisions taken and recommendations made, the statements agreed upon and the conclusions adopted.26.1.2016 EN Official Journal of the European Union L 17/19
The draft minutes shall be submitted to the Stabilisation and Association Council for approval. When approved, the
minutes shall be signed by the Chair and the two Secretaries. The minutes shall be filed in the archives of the General
Secretariat of the Council of the European Union, which will act as depository of the documents of the Association. A
certified copy shall be forwarded to each of the addressees referred to in Article 6.
Article 10
Decisions and recommendations
1. The Stabilisation and Association Council shall take its decisions and make recommendations by common
agreement of the Parties. The Stabilisation and Association Council may take decisions or make recommendations by
written procedure if both Parties so agree.
2. The decisions and recommendations of the Stabilisation and Association Council, within the meaning of
Article 117 of the 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 matter. The decisions and recommendations
of the Stabilisation and Association Council shall be signed by the Chair and authenticated by the two Secretaries.
Decisions and recommendations shall be forwarded to each of the addressees referred to in Article 6. Each Party may
decide on the publication of decisions and recommendations of the Stabilisation and Association Council in its
respective official publication.
Article 11
Languages
The official languages of the Stabilisation and Association Council shall be the official languages of the two Parties.
Unless otherwise decided, the Stabilisation and Association Council shall base its deliberations on documentation drawn
up in these languages.
Article 12
Expenses
The European Union and Bosnia and Herzegovina shall each defray the expenses they incur by reason of their participa
tion in the meetings of the Stabilisation and 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 as well as other expenditure relating to the organisation of meetings shall be
borne by the Party hosting the meetings.
Article 13
Stabilisation and Association Committee
1. A Stabilisation and Association Committee (‘the Committee’) is hereby established in order to assist the Stabilis
ation and Association Council in carrying out its duties. It shall be composed of representatives of the Council of the
European Union and of representatives of the European Commission, on the one hand, and of representatives of the
Council of Ministers of Bosnia and Herzegovina on the other, normally at senior civil servant level.
2. The Committee shall prepare the meetings and the deliberations of the Stabilisation and Association Council,
implement the decisions of the Stabilisation and Association Council where appropriate and, in general, ensure
continuity of the association relationship and the proper functioning of the Agreement. It shall consider any matter
referred to it by the Stabilisation and Association Council as well as any other matter which may arise in the course of
the day-to-day implementation of the Agreement. It shall submit proposals or any draft decisions or recommendations
for adoption to the Stabilisation and Association Council.L 17/20 EN Official Journal of the European Union 26.1.2016
3. In cases where the Agreement refers to an obligation to consult or a possibility of consultation, such consultation
may take place within the Committee. The consultation may continue in the Stabilisation and Association Council if the
two Parties so agree.
4. The rules of procedure of the Committee are annexed to this Decision.
Done at Brussels, 11 December 2015.
For the Stabilisation and Association Council
The Chair
F. MOGHERINI26.1.2016 EN Official Journal of the European Union L 17/21
ANNEX
Rules of Procedure of the Stabilisation and Association Committee
Article 1
Chairmanship
The Parties shall hold the chairmanship of the Committee alternately for a period of 12 months. The first period shall
begin on the date of the first Stabilisation and Association Council meeting and end on 31 December of the same year.
Article 2
Meetings
The Committee shall meet when circumstances require, with the agreement of both Parties. Each meeting of the
Committee shall be held at a time and place agreed by both Parties. Meetings of the Committee shall be convened by the
Chair.
Article 3
Delegations
Before each meeting, the Chair 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 Bosnia and Herzegovina shall act jointly as Secretaries of the
Committee. All communications to and from the Chair of the Committee provided for in this Decision shall be
forwarded to the Secretaries of the Committee and to the Secretaries and the Chair of the Stabilisation and Association
Council.
Article 5
Publicity
Unless otherwise decided, the meetings of the Committee shall not be public.
Article 6
Agendas for meetings
1. The Chair shall draw up a provisional agenda for each meeting. It shall be forwarded by the Secretaries of the
Committee to the addressees referred to in Article 4 not later than 30 working days before the beginning of the
meeting. The provisional agenda shall include the items in respect of which the Chair has received a request for
inclusion on the agenda not later than 35 working days before the beginning of the meeting, although 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 Committee may ask experts to attend its meetings in order to provide
information on particular subjects. The agenda shall be adopted by the 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. The Chair may, in agreement with the two Parties, shorten the time limits specified in paragraph 1 in order to take
account of the requirements of a particular case.L 17/22 EN Official Journal of the European Union 26.1.2016
Article 7
Minutes
Minutes shall be taken for each meeting and shall be based on a summing up by the Chair of the conclusions arrived at
by the Committee. When approved by the Committee, the minutes shall be signed by the Chair 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 8
Decisions and recommendations
In the specific cases where the Committee is empowered by the Stabilisation and Association Council under Article 118
of the Agreement to take decisions or make recommendations, these acts shall be entitled respectively ‘Decision’ and
‘Recommendation’, followed by a serial number, the date of their adoption and a description of their subject matter.
Decisions and recommendations shall be made by common agreement between the Parties. The Committee may take
decisions or make recommendations by written procedure if both Parties so agree. The decisions and recommendations
of the Committee shall be signed by the Chair and authenticated by the two Secretaries and shall be forwarded to the
addressees referred to in Article 4. Each Party may decide on the publication of the decisions and recommendations of
the Committee in its respective official publication.
Article 9
Expenses
The European Union and Bosnia and Herzegovina shall each defray the expenses they incur by reason of their participa
tion in the meetings of the 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 as well as other expenditure relating to the organisation of meetings shall be borne by the Party hosting
the meetings.
Article 10
Subcommittees and special groups
The Committee may create subcommittees or special groups to work under its authority. They shall report to the
Committee after each of their meetings. The Committee may decide to abolish any existing subcommittees or groups,
lay down or modify their terms of reference or set up further subcommittees or groups to assist it in carrying out its
duties. Those subcommittees and groups shall not have any decision-making powers.