# EUR-Lex - 52014PC0385 - EN

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# 52014PC0385

**Proposal for a COUNCIL DECISION on the signing and provisional application, on behalf of the Union, of a 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 Algeria, of the other part, on a Framework Agreement between the European Union and the Republic of Algeria on the general principles for the participation of the Republic of Algeria in Union programmes /* COM/2014/0385 final - 2014/0196 (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 these
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 Council meeting of 18 and 19 June 2007 and 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 in the
Council conclusions of 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 February 2013, Algeria 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 Algeria is attached.

The Commission herewith submits a proposal
for a Council Decision on the signing of the protocol. This protocol contains a
Framework Agreement on the general principles for the participation of Algeria in Union programmes. It contains standard clauses that are intended to be applied
to all ENP partner countries with which such protocols are concluded. The
negotiated text also provides for the parties to provisionally apply the
provisions of this protocol from the date of its signing.

The Commission is submitting a parallel
proposal for a Council Decision on the conclusion of the protocol.

The Council is invited to adopt the
following proposed decision.

2014/0196 (NLE)

Proposal for a

COUNCIL DECISION

on the signing and provisional
application, on behalf of the Union, of a 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 Algeria, of
the other part, on a Framework Agreement between the European Union and the
Republic of Algeria on the general principles for the participation of the
Republic of Algeria 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(5) and (7) thereof,

Having regard to the proposal from the
European Commission,

Whereas:

(1)       On 18 June 2007 the
Council authorised the Commission to negotiate a 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 Algeria, of the other part, on a Framework Agreement
between the European Union and the Republic of Algeria on the general
principles for the participation of the Republic of Algeria in Union programmes
(hereinafter referred to as ‘the Protocol’).

(2)       The negotiations have been
concluded.

(3)       The objective of the
Protocol is to lay down the financial and technical rules enabling Algeria to participate in certain Union programmes. The horizontal framework established by
the Protocol constitutes an economic, financial and technical cooperation
measure which gives 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 Algeria’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.

(4)       The Protocol should be
signed on behalf of the Union, subject to the completion of the procedures for
its conclusion,

HAS ADOPTED THIS DECISION:

Article 1

The signing on behalf of the Union 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
Algeria, of the other part, on a Framework Agreement between the European Union
and the Republic of Algeria on the general principles for the participation of
the Republic of Algeria in Union programmes (‘the Protocol’) is hereby
authorised, subject to the conclusion of the said Protocol.

The text of the Protocol is attached to this Decision.

Article 2

The Council Secretariat-General shall
establish the instrument of full powers to sign the Protocol, subject to its
conclusion, for the person(s) indicated by the negotiator.

Article 3

The Protocol shall be applied on a provisional basis from the date
of its signing, pending the completion of the procedures necessary for its
conclusion.

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

Article 4

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

Article 5

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.

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

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

of the one
part,

and

the PEOPLE'S
DEMOCRATIC REPUBLIC OF ALGERIA, hereinafter referred to as ‘Algeria’,

of the other
part,

hereinafter
jointly referred to as ‘the Parties’,

Whereas:

(1)          Algeria has concluded a
Euro-Mediterranean Agreement establishing an association between the European
Communities and their Member States, of the one part, and Algeria, of the other
part (hereinafter referred to as ‘the Agreement’), which entered into force on
1 September 2005.

(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[1] 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)          Algeria 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 Algeria's participation in each particular programme
should be determined in a Memorandum of Understanding between the European
Commission and the competent Algerian authorities,

HAVE AGREED AS FOLLOWS:

Article 1

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

Article 2

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

Article 3

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

Article 4

Projects and
initiatives submitted by participants from Algeria 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 Algeria 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 European Commission and the competent Algerian authorities on
the basis of the criteria established in the programmes concerned.

If Algeria applies
for Union external assistance to participate in a given Union programme on the
basis of Article 3 of Regulation (EU) 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 Algeria that may be adopted in the future, the
conditions governing the use by Algeria of the Union assistance shall be
determined in a financing agreement.

Article 6

Each Memorandum of
Understanding 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
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 Algeria in Union
programmes.

Article 9

This Protocol
shall apply to the territories governed by the Treaty on the Functioning of the
European Union under the conditions laid down in that Treaty, on the one hand,
and to the territory of Algeria, 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 definitively 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 Agreement.

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 People's Democratic Republic of Algeria

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