# EUR-Lex - 52014PC0203 - EN

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# 52014PC0203

**Proposal for a COUNCIL DECISION on the conclusion of the Protocol to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, on a Framework Agreement between the European Union and the Republic of Tunisia on the general principles for the participation of the Republic of Tunisia in Union programmes /* COM/2014/0203 final - 2014/0118 (NLE) */**

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EXPLANATORY MEMORANDUM

As part of the European Neighbourhood
Policy (ENP), the gradual opening-up of certain Union programmes and agencies
to the participation of ENP partner countries represents one of many measures
to promote reform, modernisation and transition in the European Union’s
neighbourhood. The Commission outlined this policy aspect more extensively in
its Communication of December 2006 ‘on the general approach to enable
European Neighbourhood Policy partner countries to participate in Community
agencies and Community programmes’[1].

The Council endorsed this approach in its
conclusions of 5 March 2007[2].

Based upon this Communication and those
conclusions, on 18 June 2007 the Council issued directives to the
Commission to negotiate Framework Agreements with Algeria, Armenia, Azerbaijan,
Egypt, Georgia, Israel, Jordan, Lebanon, Moldova, Morocco, the Palestinian
Authority, Tunisia and Ukraine, on the general principles for their
participation in Community programmes[3].

The June 2007 European Council[4] reaffirmed the
paramount importance of the ENP and endorsed a Presidency Progress Report[5] that had been submitted
to the General Affairs and External Relations Council (GAERC) meeting on 18/19
June 2007 as well as the related Council Conclusions[6]. The report referred to
the Council directives for negotiating the relevant additional protocols.

The Joint Communication by the Commission
and the High Representative of the European Union for Foreign Affairs and
Security Policy ‘A new response to a changing Neighbourhood’[7], endorsed by Council
Conclusions on 20 June 2011, further stressed the EU’s intention to facilitate
partner countries’ participation in EU programmes.

To date, protocols have been signed with Armenia, Georgia, Israel, Jordan, Moldova, Morocco and Ukraine.

In December 2013, Tunisia expressed its interest in participating in the broad range of programmes open to
partner countries of the European Neighbourhood Policy. The text of the
protocol negotiated with Tunisia is attached.

The Commission herewith submits a proposal
for a Council Decision on the conclusion of the protocol. This protocol
contains a framework agreement on the general principles for the participation
of Tunisia in Union programmes. It contains standard clauses that are intended
to be applied to all European Neighbourhood Policy partner countries with which
such protocols are to be concluded.

In accordance with Article 218(6)(a) of the
Treaty on the Functioning of the European Union, the European Parliament will
be asked to give its consent to the conclusion of this protocol.

The Commission is submitting a parallel
proposal for a Council decision on the signing and provisional application of
the protocol.

The Council is invited to adopt the
following proposal for a decision.

2014/0118 (NLE)

Proposal for a

COUNCIL DECISION

on the conclusion of the Protocol to the
Euro-Mediterranean Agreement establishing an association between the European
Communities and their Member States, of the one part, and the Republic of
Tunisia, of the other part, on a Framework Agreement between the European Union
and the Republic of Tunisia on the general principles for the participation of
the Republic of Tunisia in Union programmes

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 212, in
conjunction with Article 218(6)(a) thereof,

Having regard to the proposal from the
European Commission,

Having regard to the opinion of the
European Parliament[8],

Whereas:

(1)       The Protocol to the
Euro-Mediterranean Agreement establishing an association between the European
Communities and their Member States, of the one part, and the Republic of
Tunisia, of the other part, on a Framework Agreement between the European Union
and the Republic of Tunisia on the general principles for the participation of
the Republic of Tunisia in Union programmes (hereinafter referred to as ‘the
Protocol’) was signed on behalf of the Union on ...

(2)       The objective of the
Protocol is to lay down the financial and technical rules enabling Tunisia to participate in certain Union programmes. The horizontal framework established by
the Protocol constitutes an economic, financial and technical cooperation
measure which allows for access to assistance, in particular financial
assistance, to be provided by the Union pursuant to the Union programmes. This
framework applies only to those Union programmes for which the relevant
constitutive legal acts provide for the possibility of Tunisia’s participation. The signing and provisional application of the Protocol therefore
does not entail the exercise of powers under the various sectoral policies
pursued by the programmes, which are exercised when establishing the
programmes.

(3)       The Protocol should be
approved,

HAS ADOPTED THIS DECISION:

Article 1

The Protocol to the Euro-Mediterranean
Agreement establishing an association between the European Communities and
their Member States, of the one part, and the Republic of Tunisia, of the other
part, on a Framework Agreement between the European Union and the Republic of
Tunisia on the general principles for the participation of the Republic of
Tunisia in Union programmes (‘the Protocol’) is hereby approved on behalf of
the Union[9].

Article 2

The President of the Council shall designate the person empowered to
proceed, on behalf of the European Union and its Member States, to the
notification provided for in Article 10 of the Protocol, in order to express
the consent of the European Union and its Member States to be bound by the
Protocol.

The date of entry into force of the
Protocol will be published in the Official Journal of the European Union by the
General Secretariat of the Council.

Article 3

The Commission is
authorised to determine, on behalf of the Community, the specific terms
and conditions applicable to the participation of Tunisia in any given programme, including the financial contribution payable. The
Commission will keep the relevant Council working party informed.

Article
4

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

Done at Brussels,

For
the Council

The
President

[1]               COM(2006) 724 final of 4 December 2006.

[2]               GAERC conclusions of 5 March 2007.

[3]               Council Decision (restricted) authorising the
Commission to negotiate Protocols [...], Doc 10412/07.

[4]               Presidency Conclusions – Brussels, 21/22 June 2007,
Doc 11177/07.

[5]               Presidency Progress Report on ‘Strengthening the
European Neighbourhood Policy’, Doc 10874/07.

[6]               Conclusions on Strengthening the European
Neighbourhood Policy, adopted by the Council (General Affairs and External
Relations) on 18 June 2007, Doc 11016/07.

[7]               COM(2011) 303 final of 25 May 2011.

[8]               OJ C [...] of [...], p. [...].

[9]

ANNEX
PROTOCOL
to the Euro-Mediterranean Agreement establishing an association between the
European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, on a Framework Agreement between the European
Union and the Republic of Tunisia on the general principles for the
participation of the Republic of Tunisia in Union programmes

THE EUROPEAN UNION, hereinafter referred to as ‘the Union’,

of the one
part,

and

THE REPUBLIC OF TUNISIA, hereinafter
referred to as ‘Tunisia’,

of the other
part,

hereinafter
jointly referred to as ‘the Parties’,

Whereas:

(1)          Tunisia has concluded a
Euro-Mediterranean Agreement establishing an association between the European
Communities and their Member States, of the one part, and Tunisia, of the other
part (hereinafter referred to as ‘the Agreement’), which entered into force on
1 March 1998.

(2)          The Brussels European
Council of 17 and 18 June 2004 welcomed the Commission’s proposals
for a European Neighbourhood Policy (ENP) and endorsed the Council conclusions
of 14 June 2004.

(3)          The Council has since
adopted conclusions in favour of this policy on numerous occasions.

(4)          On 5 March 2007 the
Council expressed support for the general and comprehensive approach outlined
in the Commission’s communication of 4 December 2006, COM(2006) 724
final, to enable European Neighbourhood Policy partners to participate in
Community agencies and Community programmes on their merits and where
authorised by the legal bases.

(5)          Tunisia has expressed its
wish to participate in a number of Union programmes.

(6)          The specific terms and
conditions, including the financial contribution and reporting and evaluation
procedures, applicable to Tunisia's participation in any particular programme
should be determined by agreement between the European Commission, acting on
behalf of the Union, and Tunisia,

HAVE AGREED AS FOLLOWS:

Article 1

Tunisia shall be allowed to participate in all current and future
programmes of the Union opened to the participation of Tunisia in accordance with the relevant provisions adopting those programmes.

Article 2

Tunisia shall contribute financially to the general budget of the European
Union corresponding to the specific programmes in which Tunisia participates.

Article 3

Tunisia’s representatives shall be allowed to take part, as observers and
for those items which concern Tunisia, in the management committees responsible
for monitoring the programmes to which Tunisia contributes financially.

Article 4

Projects and
initiatives submitted by participants from Tunisia shall, as far as possible,
be subject to the same conditions, rules and procedures pertaining to the
programmes concerned as applied to Member States.

Article 5

The specific terms
and conditions regarding the participation of Tunisia in each particular
programme, in particular the financial contribution payable and reporting and
evaluation procedures, shall be determined in a Memorandum of Understanding
between the Commission and the competent authorities of Tunisia on the basis of the criteria established by the programmes concerned.

If Tunisia applies
for Union external assistance to participate in a given Union programme on the
basis of Article 3 of Regulation (EC) No 232/2014 of the European
Parliament and of the Council of 11 March 2014 establishing a European
Neighbourhood Instrument or pursuant to any similar regulation providing for
Union external assistance to Tunisia that may be adopted in the future, the
conditions governing the use by Tunisia of the Union assistance shall be
determined in a financing agreement.

Article 6

Each agreement
concluded pursuant to Article 5 shall stipulate, in accordance with
Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the
Council of 25 October 2012 on the financial rules applicable to the
general budget of the Union and repealing Council Regulation (EC, Euratom)
No 1605/2002, that financial control or audits or other verifications,
including administrative investigations, will be carried out by, or under the
authority of, the European Commission, the European Anti‑Fraud Office and
the Court of Auditors.

Detailed
provisions shall be adopted for financial controls and audits, administrative
measures, penalties and recoveries that accord the European Commission, the
European Anti‑Fraud Office and the Court of Auditors powers
equivalent to their powers with regard to beneficiaries or contractors
established in the Union.

Article 7

This Protocol
concerning a Framework Agreement shall apply for the period during which the
Euro-Mediterranean Agreement is in force.

This Protocol
shall be signed and approved by the Parties in accordance with their respective
procedures.

Either Party may
denounce this Protocol by written notification to the other Contracting Party.
This Protocol shall cease to apply six months after the date of such
notification.

The termination of
the Protocol following denunciation by either of the Parties shall not affect
the checks and controls to be carried out where necessary under the provisions
of Articles 5 and 6.

Article 8

No later than
three years after the date of entry into force of this Protocol and at three‑year intervals
thereafter both Parties may review the implementation of this Protocol on the
basis of the actual participation of Tunisia in Union programmes.

Article 9

This Protocol
shall apply to the territory in which the Treaty on the European Union and the
Treaty on the Functioning of the European Union are applied under the
conditions laid down in those Treaties, on the one hand, and to the territory of Tunisia, on the other.

Article 10

Pending
its entry into force, the Parties agree to provisionally apply this Protocol
from the date of its signing, subject to completion of the
procedures necessary for that purpose.

This Protocol
shall enter into force on the first day of the month following the date on
which the Parties notify each other through diplomatic channels of the
completion of the procedures necessary for its entry into force.

Article 11

This Protocol shall form an integral part
of the Euro-Mediterranean Agreement establishing an association between the
European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part.

Article 12

This Protocol is drawn up in duplicate in the Arabic,
Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French,
German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish,
Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each of
these texts being equally authentic.

Done at Brussels,

For the European Union         
For the Republic of Tunisia