[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 15.10.2008

COM(2008) 646 final

Proposal for a

COUNCIL DECISION

on a Community position in the Association Council on the implementation of Article 73 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the state of Israel, of the other part

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. The Association Agreement forms the legal framework governing the bilateral relations between the European Union and Israel.

2. In Article 73 the Association Agreement provides for the setting up of the necessary bodies for its implementation. Following the elaboration and adoption of the EU-Israel Action Plan in the framework of the European Neighbourhood Policy, ten subcommittees have been established to cope with the increasing technical complexity of the subjects in discussion.

3. Israel expressed its wish to strengthen cooperation in the various areas covered by the provisions of the Association Agreement at the 7th EU-Israel Association Council in March 2007. The EU, in its statement on the occasion of the 8th EU-Israel Association Council in June 2008, declared that the further development of EU-Israeli relations should be seen “in the context of the broad range of our common interests and objectives”.

4. It further stated that “in response to our common desire to upgrade bilateral relations, the European Union looks forward to gradually strengthen cooperation both at the political and sectorial levels in line with our common interest”. Reinforcing EU-Israel political dialogue included “the establishment of a full fledged subcommittee on Human Rights instead of the informal Working Group on Human Rights”.

5. In view of the above, the European Commission proposes to the Council that, in addition to the existing subcommittees in support of the implementation of the Association Agreement and the European Neighbourhood Policy Action Plan, a further subcommittee is established.

6. The subcommittee proposed will be entitled: Human Rights.

7. As regards its organisation, the subcommittee will be chaired by the Commission pursuant to the Council decision of 25th March 2002. In the event that the subject under discussion is outside the Community competencies a representative of the Council Presidency will chair the Committee and will express the position of the Member States. In the latter case, the Commission will be fully associated in the preparatory work and in the definition of the objectives of the meetings of the subcommittee.

8. The objective and the subjects to be covered by the subcommittee and the implementing procedures are contained in the rules of procedure annexed.

Proposal for a

COUNCIL DECISION

on a Community position in the Association Council on the implementation of Article 73 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the state of Israel, of the other part

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular the second sub-paragraph of Article 300(2) thereof,

Having regard to the proposal from the Commission[1],

Whereas:

(1) The Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, was signed on 20th November 1995 and entered into force on 1st June 2000,

(2) Article 73 of that Agreement provides for the setting up of working groups or bodies (hereafter referred to as subcommittees) necessary for the implementation of the Agreement,

HAS DECIDED AS FOLLOWS:

Sole Article

The position to be adopted by the Community in the Association Council established by the Euro-Mediterranean Agreement concluded between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, on the implementation of Article 73 of the Agreement, shall be based on the draft Decision of the Association Council annexed to this Decision.

The subcommittee shall be chaired by a European Commission representative on behalf of the European Community and its Member States. The Member States shall be informed of and may participate in the meetings of the subcommittees in question.

A representative of the Council Presidency shall express the EU's position on matters relating to Titles V and VI of the Treaty on European Union. The Commission shall be fully involved in the preparatory work and in setting the objectives of the subcommittee meetings.

Done at Brussels, […]

For the Council

The President […]

Draft

DECISION OF THE EU-ISRAEL ASSOCIATION COUNCIL

Establishment of an Association Committee subcommittee on Human Rights

The EU-Israel Association Council,

Having regard to the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part,

Whereas:

(1) Article 73 of the Agreement provides for the setting up of the working groups or bodies (hereafter referred to as subcommittee) necessary for the implementation of the Agreement,

HAS DECIDED AS FOLLOWS:

Sole Article

The subcommittee of the EU-Israel Association Committee listed in Annex 1 is hereby set up and the rules of procedure of this subcommittee in Annex 2 hereby adopted.

The subcommittee shall work under the authority of the Association Committee, to which it shall report after each of their meetings. The above-mentioned subcommittee shall have no decision-making power.

The Association Committee shall take any action needed to ensure that it operates properly and informs the Association Council accordingly.

The Association Council may decide to set up further subcommittees or groups or to abolish existing subcommittees or groups.

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

Done at Brussels, […]

For the Association Council

ANNEX I

EU-ISRAEL ASSOCIATION AGREEMENT

SUBCOMMITTEE ATTACHED TO THE ASSOCIATION COMMITTEE

(11) Human Rights

ANNEX II

Rules of procedure

EU-Israel subcommittee No 11

Human Rights

1. Composition and chair

The subcommittee shall be composed of representatives of the European Community and its Member States and representatives of the Government of Israel. It shall be chaired alternately by the two parties. Each side will appoint its own chairperson. The Member States will be informed and invited to the subcommittee’s meetings.

2. Role

The subcommittee will be a forum for discussion, consultation and assessment, and shall work under the authority and guidance of the Association Committee, to which it shall report after each meeting. The subcommittee does not have any decision-making power but may submit proposals to the Association Committee.

3. Subject matter

The subcommittee shall discuss the implementation of the Association Agreement and the related European Neighbourhood Policy Action Plan including in the areas listed below and shall assess progress on the objectives and actions which have been identified and agreed upon in the Action Plan. Where relevant, co-operation in public administration matters shall be discussed. The subcommittee shall examine any problems that may arise in the sectors listed below and shall suggest possible steps to be undertaken.

- Democracy,

- Human rights,

- Fundamental freedoms,

- Combating anti-Semitism,

- Fight against racism and xenophobia, including discrimination.

The above list is not exhaustive and other subjects may be added by the Association Committee. Whereas the matters listed above are also discussed in the context of the subcommittee on political dialogue and cooperation, this subcommittee on Human Rights will focus on the Human Rights aspect and international humanitarian law aspect of relevant parts of the ENP Action Plan, with a particular emphasis on Israeli and EU domestic/internal issues. Individual cases may also be raised when either party requires.

The subcommittee may discuss matters relating to one, several or all of the above sectors.

4. Secretariat

A representative of the European Commission and a representative of the Government of Israel shall act jointly as permanent secretaries of the subcommittee.

All communications concerning the subcommittee shall be forwarded to the secretaries. The secretaries will be responsible for the preparations of the subcommittee meetings, including dates and agendas.

5. Meetings

The subcommittee shall meet whenever circumstances require, and in principle at least once a year. A meeting may be convened on the basis of a request from the chairperson of either party, channelled through their secretary, who will pass the request onto the other party. Upon receipt of a request for a subcommittee meeting, the secretary of the other party shall reply within fifteen working days. Where possible, and with the agreement of both parties, a number of subcommittee meetings can be grouped over several days.

In cases of particular urgency, subcommittees may be convened at shorter notice subject to the agreement of both parties. All requests to convene meetings should be in writing.

Each meeting of the subcommittee shall be held at a time and place agreed by both parties.

The meetings shall be convened by the secretary in charge in agreement with the chair. Before each meeting, the chair will be informed of the intended composition of the delegation of each party.

If both parties agree, the subcommittee may invite experts to its meetings to provide the specific information so requested.

6. Agenda of the meetings

All requests for items to be included in the subcommittee agenda shall be forwarded to the secretaries.

A provisional agenda will be drawn up by the chair for each meeting. It shall be forwarded by the secretary in charge to his or her counterpart not later than ten days before the beginning of the meeting.

The provisional agenda shall include the items in respect of which the secretaries have received a request for inclusion in the agenda no later than fifteen days before the beginning of the meeting. Supporting documentation must be received by both parties at least seven days ahead of the meeting. To take account of urgent matters, these time limits may be shortened provided both parties agree.

The agenda shall be adopted by the subcommittee at the beginning of each meeting.

7. Minutes

Minutes shall be taken and agreed by both secretaries after each meeting. A copy of the minutes, including the subcommittee's proposals and recommendations, shall be forwarded by the secretaries of the subcommittee to the secretaries and chair of the Association Committee.

8. Publicity

Unless otherwise decided, the meetings of the subcommittee shall not be public and the proceedings shall not be made public.

FINANCIAL STATEMENT |

DATE: |

1. | BUDGET HEADING: | APPROPRIATIONS: |

2. | TITLE: Community position in the Association Council on the implementation of Articles 73 of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part |

3. | LEGAL BASIS: Art. 73 of the EU/Israel Association Agreement |

4. | AIMS: Setting up of one subcommittee |

5. | FINANCIAL IMPLICATIONS | 12 MONTH PERIOD (EUR million) | CURRENT FINANCIAL YEAR 2008 (EUR million) | FOLLOWING FINANCIAL YEAR 2009 (EUR million) |

5.0 | EXPENDITURE - CHARGED TO THE EC BUDGET (REFUNDS/INTERVENTIONS) - NATIONAL AUTHORITIES - OTHER | n/a | n/a | n/a |

5.1 | REVENUE - OWN RESOURCES OF THE EC (LEVIES/CUSTOMS DUTIES) - NATIONAL | n/a | n/a | n/a |

5.0.1 | ESTIMATED EXPENDITURE | - | - | - | - |

5.1.1 | ESTIMATED REVENUE | - | - | - | - |

5.2 | METHOD OF CALCULATION: |

6.0 | CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT CHAPTER OF THE CURRENT BUDGET? | YES |

6.1 | CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT BUDGET? | YES |

6.2 | WILL A SUPPLEMENTARY BUDGET BE NECESSARY? | NO |

6.3 | WILL APPROPRIATIONS NEED TO BE ENTERED IN FUTURE BUDGETS? | NO |

OBSERVATIONS: The meetings of the subcommittee will take place in Brussels and in Jerusalem. When in Israel, the mission budget of the participants will cover their expenses. |

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[1] OJ C , , p. .