Legal provisions of COM(2011)230 - Union Position concerning a Decision of the EU - Montenegro Stabilisation and Association Council amending its Rules of Procedure

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dossier COM(2011)230 - Union Position concerning a Decision of the EU - Montenegro Stabilisation and Association Council amending its Rules of ...
document COM(2011)230 EN
date April 26, 2011
 

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52011PC0230

/* COM/2011/0230 final - NLE 2011/0095 */ Proposal for a COUNCIL AND COMMISSION DECISION on a Union Position concerning a Decision of the EU – Montenegro Stabilisation and Association Council amending its Rules of Procedure


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Brussels, 26.4.2011

COM(2011) 230 final

2011/0095 (NLE)

Proposal for a

COUNCIL AND COMMISSION DECISION

on a Union Position concerning a Decision of the EU – Montenegro Stabilisation and Association Council amending its Rules of Procedure

EXPLANATORY MEMORANDUM

1. The Stabilisation and Association Agreement between the European Communities and their Member States and Montenegro, which entered into force on 1 May 2010, provides, in Article 124 thereof, that the Stabilisation and Association Council may decide to set up any other special committee or body that can assist it in carrying out its duties, determining in its rules of procedure the composition and duties of such committees or bodies and how they shall function.

2. The European Economic and Social Committee and the Committee of the Regions of the European Union and the Montenegrin authorities have expressed their interest in setting up two Joint consultative committees to organise dialogue and cooperation between their social partners and other civil society representatives and their regional and local authorities. To do this, the Stabilisation and Association Council needs to amend its Rules of Procedure.

3. The Commission therefore proposes that two Joint consultative committees be set up by the Stabilisation and Association Council:

4. One Joint Consultative Committee will represent the social partners and other civil society organisations, in support of the keen interest expressed in this respect, by both sides, represented by the European Economic and Social Committee, on the part of the European Union, and by the Montenegrin social partners and other civil society organisations, on the part of Montenegro.

5. The other Joint Consultative Committee will represent the local and regional authorities of both parties, in support of the keen interest expressed, in this respect, by both sides, represented by the Committee of the Regions of the European Union, on the part of the European Union, and by the elected representatives of local and regional authorities of Montenegro, on the part of Montenegro.

6. The proposed Joint consultative committees are intended to constitute forums for dialogue and co-operation between the social partners and other civil society organisations and the local and regional authorities in the European Union and Montenegro, which can make a major contribution to the development of their relations and to the integration of Europe. This dialogue and co-operation will prepare for future work with the European Economic and Social Committee and the Committee of the Regions of the European Union and for Montenegrin membership of the European Union; facilitate exchanging information on current issues of mutual interest, in particular up-to-date state of play concerning EU economic, social and regional policy and the accession process; encourage information exchange in practical implementation of the principle of subsidiary in all aspects of life on regional and local level; discussing any other relevant matters proposed by any side, as they can arise in the context of implementation of the Stabilisation and Association Agreement and in the framework of the Pre-accession Strategy. The Stabilisation and Association Council may also consult the proposed Joint consultative committees before taking decisions in relevant areas. Consultation of the committees remains, however, at the discretion of the Stabilisation and Association Council.

7. The establishment of the proposed Joint consultative committees does not have any financial impact on the EU budget, the Montenegrin participants being responsible for their own expenses and the expenses on the European Union side being covered by the budget of the European Economic and Social Committee and the Committee of the Regions of the European Union.

8. The text of the proposal for a Council and Commission decision on the position to be taken by the European Union in the Stabilisation and Association Council, as provided for by Article 3 (1) of the Council and Commission decision of 29 March 2010 on the conclusion of the aforementioned Stabilisation and Association Agreement, is attached hereto.

2011/0095 (NLE)

Proposal for a

COUNCIL AND COMMISSION DECISION

on a Union position concerning a Decision of the EU – Montenegro Stabilisation and Association Council amending its Rules of Procedure

THE COUNCIL OF THE EUROPEAN UNION,

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 218, paragraph 9 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community (Euratom), and in particular Article 101 thereof,

Having regard to Council and Commission Decision of 29 March 2010 on the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro (hereinafter referred to as “Montenegro”), of the other part, and in particular Article 3(1) thereof,

Having regard to the proposal from the European Commission,

Whereas:

9. Article 119 of the Stabilisation and Association Agreement establishes a Stabilisation and Association Council.

10. Article 120 of said Agreement provides that the Stabilisation and Association Council shall adopt its own rules of procedures.

11. Article 124 of said Agreement provides that the Stabilisation and Association Council may decide to set up other special committees or bodies that can assist it in carrying out its duties. The same provision of said Agreement further provides that the Stabilisation and Association Council shall, in its rules of procedure, determine the composition and duties of such committees or bodies and how they shall function,

HAVE DECIDED AS FOLLOWS:

Sole Article

The position to be adopted by the Union within the Stabilisation and Association Council established by Article 119 of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, in relation to the setting up of the Joint Consultative Committee with the European Economic and Social Committee and the Joint Consultative Committee with the Committee of the Regions of the European Union and the amendment of the rules of procedures of the said Stabilisation and Association Council as provided for in Article 124 of said Agreement shall be based on the draft decision of the Stabilisation and Association Council, annexed to this Decision. Minor amendments to this draft decision may be accepted without further decision of the Council.