Legal provisions of COM(2009)97 - Community Position concerning the participation in the Cariforum-EC Consultative Committee provided for by the Economic Partnership Agreement with the Cariforum States and on the selection of the representatives of organizations located in the EC Party

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52009PC0097

Proposal for a Council Decision on a Community Position concerning the participation in the Cariforum-EC Consultative Committee provided for by the Economic Partnership Agreement between the Cariforum States, of the one part, and the European Community and its Member States, of the other part and on the selection of the representatives of organizations located in the EC Party /* COM/2009/0097 final */


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Brussels, 3.3.2009

COM(2009) 97 final

Proposal for a

COUNCIL DECISION

on a Community Position concerning the participation in the CARIFORUM-EC Consultative Committee provided for by the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part and on the selection of the representatives of organizations located in the EC Party

(presented by the Commission)

EXPLANATORY MEMORANDUM

The Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part was signed on 15 October 2008, and it is provisionally applied as of 29 December 2008. The Agreement enshrines, in its Article 5, monitoring as one of the key elements in the Partnership for Sustainable Development which the Agreement establishes. In addition, the institutional chapter contains specific provisions on monitoring, thus contributing to the effective implementation of such activity. A particularly important role will be played by the CARIFORUM-EC Consultative Committee provided for by article 232 of the Agreement. The Council is called to decide on EC participation in the Consultative Committee, with a view to ensuring a broad representation of all interested parties. In this regard the European Economic and Social Committee (EESC) is willing to be instrumental in the selection of European representatives to the CARIFORUM-EC Consultative Committee, and to ensure the secretariat of that Committee in the light of its considerable experience in coordinating joint bodies of a similar nature, and the fact that the EESC already conducts a regular dialogue with counterparts in ACP countries.

Proposal for a

COUNCIL DECISION

on a Community Position concerning the participation in the CARIFORUM-EC Consultative Committee provided for by the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part and on the selection of the representatives of organizations located in the EC Party

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 300(2), second subparagraph thereof,

Having regard to the proposal from the Commission,

Having consulted the European Economic and Social Committee,

Whereas:

(1) The Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part, was signed on 15 October 2008, and is provisionally applied as of 29 December 2008.

(2) Article 232(2) of the Agreement provides for its Joint Council to decide on the participation in the CARIFORUM-EC Consultative Committee, with a views to ensuring a broad representation of all interested parties.

(3) It is crucial to ensure the rapid set up of the institutions provided for by the Agreement, and in particular the CARIFORUM-EC Consultative Committee, in the light of its role in monitoring the implementation of the Agreement.

(4) An internal Community procedure should be established for selecting representatives of organizations located in the EC Party.

(5) The European Economic and Social Committee has expressed its willingness to assist in identifying and selecting European civil society organisations representatives, and for holding initially the Consultative Committee secretariat,

HAS DECIDED AS FOLLOWS:

Article 1

The position of the Community in view of the adoption of a Decision of the Agreement's Joint Council leading to the selection of standing members of the CARIFORUM-EC Consultative Committee (hereafter 'the Committee') provided for by the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part, shall be based on the draft decision of the Joint Council in Annex to this Decision (hereafter 'the Annex').

Article 2

1. Representatives of the European organizations defined in article 1.1(a) of the Annex shall be proposed by the European Economic and Social Committee in consultation with the Commission for approval by the CARIFORUM-EC Trade and Development Committee.

2. The European Economic and Social Committee shall be asked to establish rosters of the organizations defined in article 1.1(b) and 1.1(c) of the Annex. This shall be effected by widely publicizing a call for expression of interest to be included in such roster. In replying to such call any interested organization shall describe how it fulfils the requirements set out in article 1 of the Annex. The rosters shall remain open for any organization fulfilling the requirements of that provision to be included. Organisations included in the rosters will be kept especially informed of the working of the Committee.

3. In the call for expression of interest, organizations shall also be invited to express an interest in one of their representatives to serve as a standing member of the Committee. The Organisations included in the rosters will be subsequently called to endorse the candidature of up to two standing representatives for the Committee, among those having expressed such interest. The EC party shall propose to the CARIFORUM-EC Trade and Development Committee as standing members for categories 1.1(b) and 1.1(c) those representatives having received more endorsements.

4. A call for expression of interest to serve as standing members of the Committee shall be launched four months before the expiry of the mandate of the members serving in the Committee. The designation shall follow the same procedures set out in paragraph 3.