The UK-Kenya EPA Council,

Having regard to the Economic Partnership Agreement between the United Kingdom of Great Britain and Northern Ireland (the ‘UK’), of the one part, and the Republic of Kenya (‘Kenya’), a Member of the East African Community, of the other part, done at London on 8 December 2020 (the ‘Agreement’),

Whereas Article 104 of the Agreement establishes an EPA Council and provides that this shall determine its own rules of procedure,

Has adopted this decision:

1. Article 1

The rules of procedure of the EPA Council, as set out in the annex to this decision, are hereby adopted.

2. Article 2

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

Done at London, United Kingdom on 21 March 2023

3. Annex to Decision No.1/2023

3.1 Rules of procedure of the EPA Council

Set up by the Economic Partnership Agreement between the Republic of Kenya, a member of the East African Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (‘the Agreement’)

3.2 Article 1: scope of application

These Rules of Procedure shall apply to the proceedings of any of the meetings of the EPA Council (‘the Council’).

3.3 Article 2: composition and chair

1․ The Council is composed, on the one hand, of representatives of the Republic of Kenya (‘Kenya’) and, on the other, of representatives of the United Kingdom of Great Britain and Northern Ireland (the ‘UK’), at ministerial level.

2․ The Council shall be co-chaired by a representative of Kenya and a representative of the United Kingdom of Great Britain and Northern Ireland (the ‘UK’), at ministerial level.

3.4 Article 3: authorised officials

1․ The co-chairs may appoint authorised officials to support them in the organisation of Council meetings, including on an ad hoc basis.

2․ Such authorised officials shall be an official of the respective party and the co-chairs shall notify each other of their appointment.

3․ The authorised officials may also engage with the secretariat on behalf of the co-chairs to support the administration and organisation of meetings.

3.5 Article 4: meetings

1․ Unless agreed otherwise by the parties, the Council shall meet at regular intervals, not exceeding a period of 2 years, and shall hold extraordinary meetings whenever circumstances so require, if the parties so agree.

2․ Each meeting of the Council shall be held at a place and on a date agreed by the parties. If both parties agree, the meetings of the Council may be held by video or teleconference.

3․ Meetings of the Council shall be organised by the secretariat, after consulting the other party.

4․ Invitations, for example in the form of electronic calendar appointments, shall be sent to participants at least 3 weeks before each meeting.

3.6 Article 5: observers and experts

1․ The co-chairs may collectively decide to invite observers on an ad hoc basis, in particular one or more of the contracting parties to the Treaty for the Establishment of the East African Community.

2․ Such observers may participate in the meeting, upon invitation from the co-chairs or their authorised officials, and approval of the Council.

3․ The co-chairs, or their authorised officials, may determine that any part of meetings involving sensitive matters may be closed to observers.

4․ The co-chairs, or their authorised officials, may also agree to invite experts to attend Council meetings in order to provide information on specific subjects and only for the parts of the meeting where such specific subjects are discussed.

3.7 Article 6: secretariat

1․ Officials of Kenya and officials of the UK shall act as secretariat of the Council alternately for periods of 12 months. These periods shall coincide with the holding of the secretariat of the Committee of Senior Officials.

2․ Notwithstanding paragraph 1, the mandate corresponding to the first period shall begin on the date these rules of procedure are adopted and end on 31 December of that year. The secretariat will first be held by a representative of the UK.

3.8 Article 7: documents

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

3.9 Article 8: correspondence

1․ All correspondence addressed to the EPA Council shall be directed to its secretariat.

2․ The secretariat shall ensure that correspondence addressed to the Council is forwarded to the co-chairs and, where appropriate, circulated as documents referred to under Article 7 of these rules of procedure.

3․ Correspondence from, or addressed directly to, the co-chairs shall be forwarded to the secretariat and shall be circulated, where appropriate, to the other members of the Council.

3.10 Article 9: agenda for meetings

1․ A provisional agenda for each meeting shall be drawn up by the secretariat on the basis of proposals made by the parties.

2․ It shall be forwarded by the secretariat to each party no later than 3 weeks before the beginning of the meeting.

3․ The provisional annotated agenda shall include items that are requested for inclusion no later than one month before the meeting. Any relevant supporting documents shall be shared with the secretariat at least 3 weeks before the meeting. If the secretariat has not received relevant supporting documents 3 weeks before the meeting, it may remove the corresponding item from the provisional annotated agenda.

4․ The agenda shall be adopted by the Council at the beginning of each meeting. Items other than those appearing on the provisional agenda may be placed on the agenda if the parties so agree.

5․ The co-chairs, or their authorised officials, may by mutual consent decide to reduce or increase the time limits specified in paragraphs 2 and 3, in order to take account of the requirements of a particular case.

3.11 Article 10: delegations

Before each meeting, the co-chairs shall be informed of the intended composition of the parties’ delegations and of any observers.

3.12 Article 11: minutes

1․ At the end of each meeting, a summary of the conclusions shall be drawn up and signed by the co-chairs. The parties may agree to publish this summary online, as set out in Article 13(2) of these rules of procedure.

2․ Detailed minutes of each meeting shall also be drawn up by the secretariat for internal use as soon as possible, within a month of the meeting, unless the co-chairs agree otherwise.

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

(a) all the documents submitted to the Council

(b) any statement that a member of the Council has asked to be entered

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

4․ The minutes shall also include a list of participants and a list of any observers or experts at the meeting.

5․ The minutes shall be approved in writing by both parties within 2 months of the date of the meeting. Once approved, 2 copies of the minutes shall be signed by the secretariat and each of the parties shall receive one original of these signed copies.

3.13 Article 12: decisions

1․ The Council shall take decisions in writing by mutual agreement. This includes decisions to adopt recommendations from the Committee of Senior Officials.

2․ The Council may take decisions and adopt recommendations in the period between meetings as well as during meetings of the Council. In the period between meetings, this shall be done by an exchange of notes between the parties and shall be recorded in the minutes of the next Council meeting.

3․ The decisions of or recommendations adopted by the Council shall bear the title ‘decision’ or ‘recommendation’ followed by a serial number, the date of their adoption and an indication of their content. Each decision shall indicate the date of its entry into force and shall be subject to completion of the respective internal procedures of the parties where necessary.

4․ Decisions and recommendations adopted by the Council shall be signed by the co-Chairs. Where a meeting of the Council is held by technological means, decisions and recommendations adopted may be signed in duplicate (each copy being equally authentic) by the Co-Chairs. Each co-Chair, or their authorised officials, shall forward an electronic copy of their respective signed decision or recommendation to the secretariat for circulation to the Council.

5․ Decisions and recommendations shall be forwarded to the parties as documents of the Council.

6․ Each party may decide on the publication of the decisions of the Council and recommendations adopted by the Council in its respective official publication.

3.14 Article 13: publicity and confidentiality

1․ Unless otherwise decided by the parties, the meetings of the Council shall not be public.

2․ The parties may agree to publish outline agendas or a summary of the Council’s conclusions.

3․ When a party submits information designated as confidential to the Council, the other party shall treat that information as confidential and shall not otherwise use or disclose that information without the specific permission of the party providing the information, except where this is necessary to comply with legal requirements.

3.15 Article 14: languages

The working language of the Council shall be English.

3.16 Article 15: expenses

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

2․ Subject to paragraph 3, expenditure in connection with the organisation of meetings and reproduction of documents shall be borne by the party hosting the meeting.

3․ Where meetings of the Council are held by video or teleconference, each party bears its respective cost associated with holding the meeting by such means, unless agreed otherwise.

3.17 Article 16: amendment of rules of procedure

1․ These rules of procedure may be amended by a decision of the Council.

2․ Should another contracting party to the Treaty for the Establishment of the East African Community accede to this Agreement in future, these rules of procedure will be reviewed by the parties.