Council Decision (EU) 2025/894 of 5 May 2025 on the position to be taken on behalf of the European Union within the EPA Council and within the Committee of Senior Officials established by the Economic Partnership Agreement between the European Union, of the one part, and the Republic of Kenya, Member of the East African Community, of the other part as regards the adoption of the Rules of Procedure for the EPA Council, of the Rules of Procedure for Dispute Settlement and the Code of Conduct for Arbitrators and Mediators, and of the Rules of Procedure for the Committee of Senior Officials

The position to be taken on the Union’s behalf at the first meeting of the EPA Council established under Article 104 of the Economic Partnership Agreement (EPA) between the European Union, of the one part, and the Republic of Kenya, Member of the East African Community, of the other part (the ‘Agreement’) regarding its Rules of Procedure shall be based on the draft Decision of the EPA Council attached to this Decision.

The position to be taken on the Union’s behalf at the first meeting of the EPA Council regarding the Rules of Procedure for Dispute Settlement and the Code of Conduct for Arbitrators and Mediators shall be based on the draft Decision of the EPA Council attached to this Decision.

The position to be taken on the Union’s behalf at the first meeting of the Committee of Senior Officials established under Article 106 of the Agreement regarding its Rules of Procedure shall be based on the draft Decision of the Committee of Senior Officials attached to this Decision.

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

The Rules of Procedure of the EPA Council are established as set out in the Annex to this Decision.

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

The EPA Council established pursuant to Article 104 of the Economic Partnership Agreement between the European Union, of the one part, and the Republic of Kenya, Member of the East African Community, of the other part (hereafter referred to as ‘Agreement’) is responsible for all matters referred to in that Article.

1 The EPA Council is composed of representatives of the European Union and of the Republic of Kenya at ministerial level, or their designees.

2 The EPA Council shall be co-chaired by the Member of the European Commission in charge of trade for the European Union, and by the relevant Cabinet Secretary responsible for international trade for the Republic of Kenya (the ‘co-Chairs’).

1 Officials from the department responsible for international trade for each Party shall act together as Secretariat of the EPA Council (‘the Secretariat’).

2 Each Party shall notify the other Party of the name, position and contact details of the official who is the member of the Secretariat of the EPA Council (the ‘Secretary’) for that Party. That official is deemed to continue acting as Secretary for the Party until the date the Party has notified the other Party of the appointment of a new Secretary.

1 In accordance with Article 104(5) of the Agreement, the EPA Council shall meet at regular intervals, not exceeding a period of two years, and extraordinarily, whenever circumstances so require, with the agreement of the Parties.

2 The meetings shall be held at an agreed date and time alternately in Brussels and in Nairobi, unless agreed otherwise by the co-Chairs.

3 The meetings shall be convened by the co-Chair of the Party hosting the meeting.

4 A meeting may be held in person, by videoconference or by any other means as agreed by the Parties.

The Secretary for each Party shall, within a reasonable period of time in advance of a meeting, inform the Secretary of the other Party of the intended composition of the delegations of the European Union and of the Republic of Kenya, respectively. The lists shall specify the name and function of each member of the delegation.

1 At least 21 days in advance of a meeting, the Secretary of the Party hosting the meeting shall send a proposal for a provisional agenda to the other Party, with a deadline to provide comments. At least 14 days in advance of the meeting, the Secretariat shall draw up the provisional agenda, taking into account the comments provided.

2 The agenda shall be adopted by the EPA Council at the beginning of each meeting. Items not appearing on the provisional agenda may be placed on the agenda by mutual agreement.

The co-Chairs may, by mutual agreement, invite experts (i.e. non-government officials) to attend the meetings of the EPA Council in order to provide information on specific subjects and only for the parts of the meeting where such specific subjects are discussed.

1 Draft minutes of each meeting shall be drawn up by the Secretary of the Party hosting the meeting, within 15 days of the end of the meeting, unless otherwise decided by the co-Chairs. The draft minutes shall be transmitted for comments to the Secretary of the other Party.

2 The minutes shall, as a general rule, summarise each item on the agenda, specifying where applicable: (a) all documents submitted to the EPA Council; (b) any statement that one of the co-Chairs requested to be entered in the minutes; and (c) the decisions taken, recommendations made, statements agreed upon and conclusions adopted on specific items.

3 The minutes shall include a list of all decisions of the EPA Council, taken by written procedure pursuant to Article 9(2), since the last meeting of the EPA Council.

4 An annex to the minutes shall include a list of the names, titles and capacity of all individuals who attended the meeting of the EPA Council.

5 The Secretariat shall adjust the draft minutes on the basis of comments received and the draft minutes, as revised, shall be approved by the Parties within 30 days of the date of the meeting, or by any other date agreed by the co-Chairs. Once approved, two originals of the minutes shall be established by the Secretariat and the Parties shall each receive one original of the minutes.

1 The EPA Council may adopt decisions and recommendations in respect of all matters where the Agreement so provides. The EPA Council shall adopt decisions and recommendations by mutual agreement, as provided for in Article 105(1) of the Agreement.

2 In the period between meetings, the EPA Council may adopt decisions or recommendations by written procedure.

3 The text of a draft decision or recommendation shall be presented in writing by a co-Chair to the other co-Chair in the working language of the EPA Council via diplomatic channels. The other Party shall have one month, or any longer period of time specified by the proposing Party, to express its agreement to the draft decision or recommendation. If the other Party does not express its agreement, the proposed decision or recommendation shall be discussed and may be adopted at the next meeting of the EPA Council. The draft decisions or recommendations shall be deemed to be adopted once the other Party expresses its agreement and shall be recorded in the minutes of the meeting of the EPA Council pursuant to Article 8(3).

4 Where the EPA Council is empowered under the Agreement to adopt decisions or recommendations, such acts shall be entitled ‘Decision’ or ‘Recommendation’, respectively. The Secretariat shall assign a progressive serial number to any decision or recommendation , specify its date of adoption and provide a description of their subject-matter. Each decision and recommendation shall provide for the date of its entry into force.

5 The decisions and recommendations adopted by the EPA Council shall be established in duplicate, authenticated by the co-Chairs and transmitted one to each Party.

1 The Parties may agree to meet in public.

2 Each Party may decide on the publication of the decisions and recommendations of the EPA Council in its respective official publication or online.

3 All documents submitted by a Party should be considered as confidential, unless that Party decides otherwise.

4 Provisional agendas of the meetings shall be made public before the meeting of the EPA Council takes place. The minutes of the meetings shall be made public following their approval in accordance with Article 8.

5 Publication of documents mentioned under paragraphs 2 to 4 shall be made in compliance with each Party’s applicable data protection rules.

1 The working language of the EPA Council shall be English.

2 The EPA Council shall adopt decisions concerning the amendment of the Agreement in the languages of the authentic texts of the Agreement. All other decisions of the EPA Council, including the one through which the present rules of procedure are adopted as well as any subsequent amendments adopted in accordance with Article 13, shall be adopted in the working language referred to in paragraph 1 of this Article.

3 Each Party shall be responsible for the translation of decisions and other documents into its own official language(s), where relevant, and it shall meet expenditures associated with such translations.

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

2 Expenditure in connection with the organisation of meetings and reproduction of documents shall be borne by the Party hosting the meeting.

3 Expenditure in connection with the provision of interpretation services to and from the working language of the EPA Council at meetings shall be borne by the Party hosting the meeting.

These Rules of Procedure may be amended in writing by a decision of the EPA Council in accordance with Article 9.

The Rules of Procedure for Dispute Settlement and the Code of Conduct for Arbitrators and Mediators are established as set out in Annexes 1 and 2 to this Decision.

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

The Rules of Procedure of the Committee of Senior Officials are established as set out in the Annex to this Decision.

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

The Committee of Senior Officials established pursuant to Article 106 of the Economic Partnership Agreement between the European Union, of the one part, and the Republic of Kenya, Member of the East African Community, of the other part (hereafter referred to as ‘Agreement’) is responsible for all matters referred to in Article 106(5) of the Agreement.

1 The Committee of Senior Officials is composed of and co-chaired by representatives of the European Union and of the Republic of Kenya, in accordance with article 106 of the Agreement, or their designees.

2 Each Party shall notify the other Party of the name, position and contact details of the senior official or the Principal Secretary who is in charge of co-chairing the Committee of Senior Officials for that Party (the ‘co-Chair’). That senior official or Principal Secretary is deemed to have the authorisation of representing the Party until the date the Party has notified the other Party of the appointment of a new co-Chair.

1 Officials from the department responsible for Trade for each Party shall act together as Secretariat of the Committee of Senior Officials (‘the Secretariat’).

2 Each Party shall notify the other Party of the name, position and contact details of the official who is the member of the Secretariat of the Committee of Senior Officials (the ‘Secretary’) for that Party. That official is deemed to continue acting as Secretary for the Party until the date the Party has notified the other Party of the appointment of a new Secretary.

1 Pursuant to Article 106(3) of the Agreement, and subject to any directions which may be given by the EPA Council, the Committee of Senior Officials shall meet at least once a year and may hold extraordinary meetings whenever circumstances so require, at any time agreed by the Parties. The Committee of Senior Officials shall also meet preceding the meetings of the EPA Council.

2 The meetings shall be held at an agreed date and time alternately in Brussels and in Nairobi, unless agreed otherwise by the co-Chairs.

3 The meetings shall be convened by the co-Chair of the Party hosting the meeting.

4 A meeting may be held in person, by videoconference or by any other means as agreed by the Parties.

The Secretary for each Party shall, within a reasonable period of time in advance of a meeting, inform the Secretary of the other Party of the intended composition of the delegations of the European Union and of the Republic of Kenya, respectively. The lists shall specify the name and function of each member of the delegation.

1 At least 21 days in advance of a meeting, the Secretary of the Party hosting the meeting shall send a proposal for a provisional agenda to the other Party, with a deadline to provide comments. At least 14 days in advance of the meeting, the Secretariat shall draw up the provisional agenda, taking into account the comments provided.

2 The agenda shall be adopted by the Committee of Senior Officials at the beginning of each meeting. Items not appearing on the provisional agenda may be placed on the agenda by mutual agreement.

The Co-chairs may, by mutual agreement, invite experts (i.e. non-government officials) to attend the meetings of the Committee of Senior Officials in order to provide information on specific subjects and only for the parts of the meeting where such specific subjects are discussed.

1 Draft minutes of each meeting shall be drawn up by the Secretary of the Party hosting the meeting, within 15 days of the end of the meeting, unless otherwise decided by the co-Chairs. The draft minutes shall be transmitted for comments to the Secretary of the other Party.

2 Where these rules apply to the meetings of specialised committees or of the Special Committee on Customs and Trade Facilitation, the minutes of those committees’ meetings shall be made available for any subsequent meetings of the Committee of Senior Officials or of the EPA Council, as appropriate.

3 The minutes shall, as a general rule, summarise each item on the agenda, specifying where applicable: (a) all documents submitted to the Committee of Senior Officials; (b) any statement that one of the co-Chairs requested to be entered in the minutes; and (c) the decisions taken, recommendations made, statements agreed upon and conclusions adopted on specific items.

4 The minutes shall include a list of all decisions of the Committee of Senior Officials, taken by written procedure pursuant to Article 9(2), since the last meeting of the Committee of Senior Officials.

5 An annex to the minutes shall also include a list of the names, titles and capacity of all individuals who attended the meeting of the Committee of Senior Officials.

6 The Secretariat shall adjust the draft minutes on the basis of comments received and the draft minutes, as revised, shall be approved by the Parties within 30 days of the date of the meeting, or by any other date agreed by the co-Chairs. Once approved, two originals of the minutes shall be established by the Secretariat and the Parties shall each receive one original of the minutes.

1 The Committee of Senior Officials may adopt decisions and recommendations in respect of all matters where the Agreement so provides. The Committee of Senior Officials shall adopt decisions and recommendations by mutual agreement, as provided for in Article 107 of the Agreement.

2 In the period between meetings, the Committee of Senior Officials may adopt decisions or recommendations by written procedure.

3 The text of a draft decision or recommendation shall be presented in writing by a co-Chair to the other co-Chair in the working language of the Committee of Senior Officials. The other Party shall have one month, or any longer period of time specified by the proposing Party, to express its agreement to the draft decision or recommendation. If the other Party does not express its agreement, the proposed decision or recommendation shall be discussed and may be adopted at the next meeting of the Committee of Senior Officials. The draft decisions or recommendations shall be deemed to be adopted once the other Party expresses its agreement and shall be recorded in the minutes of the meeting of the Committee of Senior Officials pursuant to Article 8(3).

4 Where the Committee of Senior Officials is empowered under the Agreement to adopt decisions or recommendations, such acts shall be entitled ‘Decision’ or ‘Recommendation’, respectively. The Secretariat shall assign a progressive serial number to any decision or recommendation, specify its date of adoption and provide a description of their subject-matter. Each decision and recommendation shall provide for the date of its entry into force.

5 The decisions and recommendations adopted by the Committee of Senior Officials shall be established in duplicate, authenticated by the co-Chairs and transmitted one to each Party.

1 The Parties may agree to meet in public.

2 Each Party may decide on the publication of the decisions and recommendations of the Committee of Senior Officials in its respective official publication or online.

3 All documents submitted by a Party should be considered as confidential, unless that Party decides otherwise.

4 Provisional agendas of the meetings of the Committee of Senior Officials shall be made public before the meeting of the Committee of Senior Officials takes place. The minutes of the meetings shall be made public following their approval in accordance with Article 8.

5 Publication of documents mentioned under paragraphs 2 to 4 shall be made in compliance with each Party’s applicable data protection rules.

1 The working language of the Committee of Senior Officials shall be English.

2 The Committee of Senior Officials shall adopt decisions in the working language referred to in paragraph 1.

3 Each Party shall be responsible for the translation of decisions and other documents into its own official language(s), where relevant, and it shall meet expenditures associated with such translations.

1 Each Party shall meet any expenses it incurs as a result of participating in the meetings of the Committee of Senior Officials, in particular with regard to staff, travel and subsistence expenditure and with regard to video or teleconferences, postal and telecommunications expenditure.

2 Expenditure in connection with the organisation of meetings and reproduction of documents shall be borne by the Party hosting the meeting.

3 Expenditure in connection with the provision of interpretation services to and from the working language of the Committee of Senior Officials at meetings shall be borne by the Party hosting the meeting.

1 In the performance of its functions, pursuant to Article 107 of the Agreement, the Committee of Senior Officials may set up under its authority specialised committees responsible for dealing with specific subjects under the Agreement. To that end, the Committee of Senior Officials shall determine the composition and tasks of such specialised committees.

2 Pursuant to Article 107 of the Agreement, the Committee of Senior Officials shall give directives to, and oversee, all specialised committees and other bodies established under the Agreement.

3 The Committee of Senior Officials shall be informed in writing of the contact points designated by specialised committees or other bodies established under the Agreement. All relevant correspondence, documents and communications between the contact points of each specialised committee regarding the implementation of the Agreement shall be forwarded to the Secretariat of the Committee of Senior Officials simultaneously.

4 Unless otherwise decided by the Committee of Senior Officials, the present Rules of Procedure shall apply mutatis mutandis to the specialised committees and other bodies established under the Agreement.

These Rules of Procedure may be amended in writing by a decision of the Committee of Senior Officials in accordance with Article 9.