International Rubber Study Group: amended Constitution and Rules of Procedure

PURPOSE: to approve, on behalf of the European Union, the amended Constitution and Rules of Procedure of the International Rubber Study Group (IRSG).

PROPOSED ACT: Council Decision.

IMPACT ASSESSMENT: no impact assessment was carried out.

LEGAL BASIS: Article 207(3) and (4) in conjunction with Article 218(6) (a) (v) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: the European Union became a member of the International Rubber Study Group (IRSG) on the basis of Council Decision (2002/651/EC) of 22 July 2002 concerning the participation of the Community to the International Rubber Study Group.

On 1 July 2008, further to the withdrawal of the UK from the IRSG, the Heads of Delegation of the IRSG adopted a decision to move the Group’s Headquarters to Singapore, which required the corresponding adaptation of the relevant provisions of the IRSG Constitution.

At the Executive Committee meeting of 12-13 February 2008 and the Heads of Delegation meeting of 5-6 March 2008 of the IRSG it has been decided to proceed to a more comprehensive revision of the Constitution and Rules of Procedure, inter alia allowing also for a definition of “Members” or “Countries” that takes into account the particular legal status of the European Union.

The Commission was authorised by the Council to open negotiations for the revision of the Constitution of the International Rubber Study Group. This authorisation also laid down negotiating directives. In the negotiations for the amendment of the Constitution and Rules of Procedure, the Commission has closely followed these directives and the outcome of the negotiations is in line with the Commission’s negotiating mandate.

The IRSG composition has undergone successive changes, mainly as a result of the withdrawal or announced withdrawal of several existing members, rendering the budget contributions more onerous for the remaining members. In the course of the negotiations, according to its negotiating mandate, the Commission has sought to obtain a rebalancing between the basic and the variable contribution in favour of the latter, so as to minimize the financial burden on the Group’s members which are small producing developing countries. However, at the end of the negotiations only limited changes have been acceptable to other members of the IRSG.

A final draft amendment of the IRSG Constitution and new Rules of Procedure were agreed at the extra-ordinary meeting of the Heads of Delegation on 18-19 November 2010 and formally adopted at the meeting of the Heads of Delegation in 2011. The signature by the European Union of the amended IRSG Constitution and Rules of Procedure was decided by the Council.

Therefore, it is necessary that the Council adopts a decision to conclude the agreement.

BUDGETARY IMPLICATIONS: the proposal has no implications for the EU budget.