Council and Commission Decision (EU, Euratom) 2015/55 of 17 November 2014 on the position to be taken on behalf of the European Union and the European Atomic Energy Community within the Association Council established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, as regards the adoption of decisions of the Association Council on the Rules of Procedure of the Association Council and those of the Association Committee and of Sub-Committees, the establishment of two Sub-Committees and the delegation of certain powers by the Association Council to the Association Committee in Trade configuration

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 217 in conjunction with Article 218(9) thereof,

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

Having regard to the proposal from the European Commission,

Whereas:

1. Article 464 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part⁽¹⁾ (‘the Agreement’) provides for provisional application of the Agreement in part.

2. Article 3 of Council Decision 2014/492/EU⁽²⁾ specifies which parts of the Agreement are to be applied provisionally.

3. Pursuant to Article 435(2) of the Agreement, the Association Council is to establish its own rules of procedure.

4. Pursuant to Article 435(3) of the Agreement, the Association Council is to be chaired alternatively by a representative of the Union and a representative of the Republic of Moldova.

5. Pursuant to Article 437(1) of the Agreement, the Association Council is to be assisted in the performance of its duties by an Association Committee whereas pursuant to Article 438(1) of the Agreement the Association Council is to determine in its rules of procedure the duties and functioning of the Association Committee.

6. Pursuant to Article 439(2) of the Agreement, the Association Council may decide to set up any special committee or body in specific areas necessary for the implementation of the Agreement that can assist the Association Council in carrying out its duties. Pursuant to Article 439(3) of the Agreement, the Association Committee may also create sub-committees.

7. Pursuant to Article 434(1) of the Agreement, the Association Council is responsible for supervising and monitoring the application and implementation of the Agreement. In accordance with Article 438(2) of the Agreement the Association Council may delegate to the Association Committee any of its powers, including the power to take binding decisions. The Association Council should delegate the power to update or amend the Annexes to the Agreement which relate to Chapters 1, 3, 5, 6 and 8 of Title V (Trade and Trade-related Matters) of the Agreement, pursuant to Article 436(3) and Article 438(2) of the Agreement, to the Association Committee in Trade configuration, as set out in Article 438(4) of the Agreement, to the extent that there are no specific provisions in those Chapters relating to the update or the amendment of those Annexes.

8. In order to ensure the effective implementation of the Agreement, the Rules of Procedure of the Association Council and those of the Association Committee and of Sub-Committees should be adopted as soon as possible, and it should be possible to adopt them by written procedure.

9. The position of the Union within the Association Council should therefore be based on the attached draft Decisions,

HAVE ADOPTED THIS DECISION: