Decision

7 May 2021: Decision No. 1/2021 of the ESA-UK EPA Committee on adopting the rules of procedure

Updated 25 July 2023

The ESA-UK EPA Committee,

Having regard to the Agreement establishing an Economic Partnership Agreement between the Eastern and Southern Africa States (the “ESA States”) and the United Kingdom of Great Britain and Northern Ireland (the “UK”) signed in London on 31 January 2019 (the “Agreement”), and in particular Article 61 thereof,

Whereas:

1. Pursuant to Article 61(2) of the Agreement, the EPA Committee shall be responsible for the administration of all matters under this Agreement, including development cooperation as provided for under Article 35 and for the fulfilment of any of the tasks mentioned in the Agreement.

2. Article 61(5) of the Agreement provides that the EPA Committee shall adopt its rules of procedure.

Has adopted this decision:

Article 1

The Rules of Procedure of the EPA Committee, as set out in the Annex to this Decision, are hereby adopted.

Article 2

This Decision shall enter into force on the date of its adoption.

Done in duplicate at London and Port Louis.

For the EPA Committee:

• United Kingdom of Great Britain and Northern Ireland
• Signatory ESA States

Annex to Decision No. 01/2021

Rules of procedure of the EPA Committee

Set up by the Agreement establishing an Economic Partnership Agreement between the Eastern and Southern Africa States and the United Kingdom of Great Britain and Northern Ireland (‘the Agreement’).

Article 1: scope of application

These rules of procedure shall apply to the proceedings of any of the meetings of the EPA Committee.

Article 2: composition and chair

1. The EPA Committee is composed, on the one hand, of representatives of Signatory States from Eastern and Southern Africa (‘Signatory ESA States’)^{[footnote 1]} and, on the other of representatives of the United Kingdom of Great Britain and Northern Ireland (the ‘UK’), at ministerial or senior official level.
2. Reference to ‘the Parties’ in these Rules of Procedure is in accordance with Article 58 of the Agreement.
3. The EPA Committee at ministerial level shall be co-chaired by a representative of the Signatory ESA States and by a representative of the UK. The EPA Committee at senior official level shall be co-chaired by a representative of the Signatory ESA States, normally at senior official level and by a representative of the UK at senior official level. The role of co-chair for the Signatory ESA States shall be assumed on a yearly rotating basis.

Article 3: meetings

1. The EPA Committee shall meet at senior official level at least once a year, or when circumstances so require if the Parties so agree.
2. Each meeting of the EPA Committee shall be held at a date and place agreed by both Parties. If both Parties agree, the meetings of the EPA Committee may be held by video or teleconference.
3. The meetings of the EPA Committee shall be organised by the Secretariat.

Article 4: delegations

Before each meeting, the co-chairs shall be informed of the intended composition of the delegations of the Signatory ESA States and of the UK.

Article 5: observers

1. The parties may collectively decide to invite observers on an ad hoc basis. Such observers may participate in the meeting, upon invitation of a co-chair and approval of the EPA Committee.
2. The co-chairs may determine that any part of meetings involving sensitive matters may be closed to observers.

Article 6: invitation of experts

The co-chairs may agree to invite experts to attend its meetings in order to provide information on specific subjects and only for the parts of the meeting where such specific subjects are discussed.

Article 7: secretariat

1. The Secretariat function shall be carried out for periods of 12 months and shall alternate between:

(a) officials of the Signatory ESA States; and

(b) officials of the UK

2. Notwithstanding paragraph 1, the first period shall begin on the date these Rules of Procedure are adopted and end on 31 December of that year. The Secretariat shall be held first by an official of the UK.

3. In relation to paragraph 1(a), the Signatory ESA States assume the Secretariat function on a rotating basis.

Article 8: documents

Where the deliberations of the EPA Committee are based on written supporting documents, such documents shall be numbered and circulated as documents of the EPA Committee by the Secretariat at least 14 days before the beginning of the meeting.

Article 9: correspondence

1. All correspondence addressed to the EPA Committee shall be directed to the Secretariat.
2. The Secretariat shall ensure that correspondence addressed to the EPA Committee is forwarded to the co-chairs and circulated, where appropriate, as documents referred to in Article 8.
3. Correspondence from the co-chairs shall be sent to the Signatory ESA States and the UK by the Secretariat and circulated where appropriate as documents referred to in Article 8.

Article 10: agenda for the meetings

1. A provisional annotated agenda for each meeting shall be drawn up by the Secretariat on the basis of proposals made by the Signatory ESA States or the UK. It shall be forwarded by the Secretariat to the Signatory ESA States and the UK no later than three weeks before the beginning of the meeting.
2. The provisional annotated agenda shall include items that are requested for inclusion as received by the Secretariat no later than one month before the meeting. Any relevant supporting documents shall be shared with the Secretariat at least three weeks before the meeting. If the Secretariat has not received relevant supporting documents before the date of dispatch, it may remove the corresponding item from the provisional annotated agenda.
3. The agenda shall be adopted by the EPA Committee at the beginning of each meeting. An item other than those appearing on the provisional annotated agenda may be placed on the agenda if the Parties so agree.
4. The co-chairs may by mutual consent decide to abridge or extend the time limit specified in paragraph 1 in order to take account of the requirements of a particular case.

Article 11: minutes

1. Draft minutes of each meeting shall be drawn up by the Secretariat as soon as possible, normally within a month of the meeting.

2. The minutes shall, as a general rule, summarise each item on the agenda, specifying where applicable:

(a) all documents submitted to the EPA Committee,

(b) any statement that a member of the EPA Committee has asked to be entered,

(c) the decisions taken, recommendations made, statements agreed upon and conclusions adopted on specific items.

3. The minutes shall also include a list of participants to the EPA Committee, a list of any observers to the meeting and a list of any experts that provided information on specific subjects.

4. Approval of the minutes shall be confirmed in writing within two months of the date of the meeting by the Signatory ESA States and the UK. Once approved, copies of the minutes shall be signed by the Secretariat. Each Signatory ESA State and the UK shall receive one of these signed copies.

Article 12: decisions and recommendations

1. The EPA Committee shall adopt decisions and recommendations by consensus.
2. In the period between meetings, the EPA Committee may adopt decisions and recommendations. This shall be done by an exchange of notes between the Parties and shall be recorded in the minutes of the next meeting.
3. Decisions and recommendations of the EPA Committee shall be entitled ‘Decision’ or ‘Recommendation’ respectively, and followed by a serial number, the date of their adoption and a description of their subject. Each decision shall provide for the date of its entry into force, allowing for completion of the respective internal procedures of the UK and the Signatory ESA States where necessary.
4. Decisions and recommendations adopted by the EPA Committee shall be authenticated by a representative of the Signatory ESA States and by a representative of the UK. Where a meeting of the EPA Committee is held virtually, decisions and recommendations adopted by the EPA Committee may be signed in duplicate (each copy being equally authentic) by a representative of the Signatory ESA States and by a representative of the UK.
5. Decisions and recommendations shall be forwarded to the Signatory ESA States and the UK as documents of the EPA Committee.
6. Each Party may decide on the publication of the decisions and recommendations of the EPA Committee in its respective official publication.

Article 13: publicity

1. Unless otherwise decided, meetings of the EPA Committee shall not be public.
2. The Parties may agree to publish outline agendas, or relevant read-outs of the EPA Committee in its respective official publication.

Article 14: languages

1. The working languages of the EPA Committee shall be the official languages of the Agreement, namely, English and French.
2. The EPA Committee shall base its deliberations and adopt decisions on documentation and proposals prepared as far as possible in both languages referred to in paragraph 1. Decisions and recommendations are provided in both languages referred to in paragraph one.

Article 15: expenses

1. Each Party shall meet any expenses it incurs as a result of participating in the meetings of the EPA Committee, both with regard to staff, travel and subsistence expenditure and with regard to postal and telecommunications expenditure.

2. Expenditure in connection with:

(a) the organisation of meetings and reproduction of documents; and

(b) the provision of interpretation services at meetings and translation of documents shall be borne by the Party hosting the meeting, or through an alternative channel agreed by the Parties.

3. Notwithstanding paragraph 2, where meetings of the EPA Committee are held by video or teleconference, each Party bears its respective cost associated with holding the meeting by such means, unless agreed otherwise.

Article 16: amendment of rules of procedure

These Rules of Procedure may be amended in accordance with paragraph 1 of Article 12 hereof.

1. Mauritius, Seychelles, and Zimbabwe. ↩