Explanatory Memorandum to COM(2010)22 - EU position in the EU - Serbia Interim Committee on its Rules of Procedure including the Terms of Reference and Structure of the EU-Serbia sub-committees

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A Stabilisation and Association Agreement (SAA) between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part, signed in Luxemburg on 29 April 2008 It will enter into force on the 1st day of the second month following the date on which the Parties notify each other that their respective ratification procedures have been completed.

The Interim Agreement (IA) between the European Community and the Republic of Serbia, signed on the same date to allow the early application of trade and trade-related provisions of the Stabilisation and Association Agreement (SAA), will enter into force on 1 February 2010.

Article 42 of the IA establishes an Interim Committee which will supervise implementation of the Agreement. This Committee has to adopt –as specified by Article 43 of the IA- its own rules of procedures. For the smooth functioning of the Committee, it is desirable to adopt these rules of procedure during the first meeting.

The proposed rules of procedure specify the duties of the Interim Committee and the practices which it will need to follow, in accordance with the IA, and take notably into account that the Committee has been conferred decision-making powers under the Agreement. The rules of procedure also create specific sub-committees, as provided for under Article 45 of the IA. The Commission proposes to streamline the structure of sub-committees by limiting the number of sub-committees to five, which would cover the different areas as indicated in the Annex to this Explanatory Memorandum. Stabilisation and Association Agreement areas not included in the IA will continue to be discussed in the framework of the Enhanced Permanent Dialogue i until the entry into force of the Stabilisation and Association Agreement.

The position to be taken by the Union within the Interim Committee with regard to the adoption of the rules of procedures of the Interim Committee shall be determined by the Council, on a proposal by the Commission.

It is therefore proposed that the Council approves the attached proposal.

Annex to the Explanatory Memorandum

EU – SERBIA INTERIM AGREEMENT ON TRADE AND TRADE-RELATED MATTERS

SUB-COMMITTEES STRUCTURE

Sub-Committees Titles Issues IA (SAA) References

Trade, Industry, Customs, Taxation and Cooperation with other candidate countries Free Movement of Goods Industrial Products Commercial questions Taxation Rules of Origin Administrative assistance in customs matters Cooperation with other candidates countries Other questions related to Title III of the IA Art. 3 (Art. 18) Art. 4-8 (Art. 19-23) Art. 19-23 (Art. 34-48) Art. 22-23 (Art. 37-38) Art. 29 (Art. 44), Protocol 3 Art. 41 (Art. 99), Protocol 5 Art. 52 (Art. 17) Art. 36 and 37 (Art. 69 and 71)

Agriculture, Fisheries, Food safety, Veterinary and Phyto-sanitary matters Agricultural Products lato sensu Agricultural Products stricto sensu Fisheries Products Processed Agricultural Products Wine and Spirit Drinks Protection of geographical indications for agricultural and fishery products and foodstuffs other than wine and spirits Art. 9, 11  i, 12  i, 16, 17  i 20 and 21 (Art. 24, 26  i, 27  i, 31, 32  i 35 and 36) Art. 11 (2-4, 12  i and Art. 17  i (3) (Art. 26 (2-4) , 27  i and Art. 32 (2)(3)) Art. 14 and 15 (Art. 29 and 30) Art. 10 (Art. 25), Protocol 1 Art. 13 (Art. 28), Protocol 2 Art. 18 (Art. 33)

Internal Market and Competition Competition State Aid to the Steel Industry Intellectual,:industrial commercial property Art. 38 and 39 (Art. 73 and 74) Art. 38 (8) (Art. 73 (8)), Protocol 4 Art. 40 (Art. 75)

Economic and Financial Issues and Statistics Capital Movements and Payments Art. 35, 38 (7) (b) (Art. 62, 73 (7) (b))

Transport Transit Traffic Art. 34 (Art 61.1, Protocol 4, Art. 3 (a) and (b), 11  i, (3) and (5), 19  i and  i, 21  i and  i (d))