Considerations on COM(2016)280 - EU position within the Stabilisation and Association Council EU-Kosovo concerning a Decision of the Stabilisation and Association Council adopting its rules of procedure

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dossier COM(2016)280 - EU position within the Stabilisation and Association Council EU-Kosovo concerning a Decision of the Stabilisation and ...
document COM(2016)280 EN
date July 18, 2016
 
table>(1)Article 126 of the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo (*), of the other part (1) (‘the Agreement’) establishes a Stabilisation and Association Council.
(2)Article 127(2) of the Agreement provides that the Stabilisation and Association Council is to establish its rules of procedure.

(3)Article 129(1) of the Agreement provides that the Stabilisation and Association Council is to be assisted by a Stabilisation and Association Committee (‘the Committee’).

(4)Article 129(2) and (3) of the Agreement provides that the Stabilisation and Association Council is to, in its rules of procedure, determine the duties of the Committee and that the Stabilisation and Association Council may delegate any of its powers to the Committee.

(5)Article 131 of the 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. It further provides that the Stabilisation and Association Council is to, in its rules of procedure, determine the composition and duties of such committees or bodies and how they are to function.

(6)It is important to carry out regular and formal consultation with the Member States, and to take into account their views. Accordingly, the Member States should be invited to form part of the delegation of the European Union to all the meetings of the Stabilisation and Association Council.

(7)The Commission and the High Representative of the Union for Foreign Affairs and Security Policy (‘the High Representative’) will monitor closely and continuously Kosovo's efforts towards normalisation of its relations with Serbia and report as appropriate, and at least twice per year, on that issue.

(8)The fourth paragraph of Article 140 of the Agreement provides that the Union may take measures it deems appropriate, including suspending all or part of the Agreement, with immediate effect, in the event of the non-compliance by Kosovo with essential principles as set out in Articles 5 and 13 of the Agreement. Any relevant recommendations or decisions by the Stabilisation and Association Council, as well as the reports to be presented by the Commission and the High Representative on Kosovo's efforts towards normalisation of its relations with Serbia, should be taken into consideration for any eventual proposal of the Commission for suspending the Agreement on the basis of the fourth paragraph of Article 140 of the Agreement.

(9)No term, wording or definition used in this Decision and its Annexes, or in the decisions and recommendations and other documents, including minutes, to be adopted by the Stabilisation and Association Council, constitute recognition of Kosovo by individual Member States in that capacity where they have not taken such a step.

(10)Internal procedures of the Member States may apply when receiving documents issued by Kosovo authorities under this Agreement.

(11)It is appropriate to establish the position to be taken on behalf of the Union within the Stabilisation and Association Council, concerning a decision of the Stabilisation and Association Council adopting its rules of procedure.

(12)The position of the Union within the Stabilisation and Association Council should therefore be based on the attached draft Decision,