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 Kingdom of Morocco, of the other part

(presented by the Commission)

EXPLANATORY MEMORANDUM

(1) Article 73 of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, lays down that a working party to evaluate the implementation of the social provisions of the Agreement shall be set up by the Association Council by the end of the first year following the entry into force of the Agreement

(2) It is vital that these provisions be implemented in view, inter alia, of the level of migration between Morocco and the European Community and the various problems this creates.

(3) The working party will undertake a continuous and regular evaluation of the Agreement's social provisions and will look in particular at compliance with the principle of non-discrimination on the basis of nationality between Moroccan and EU workers in the areas covered by the Agreement and the application of the Agreement's social security provisions. It will also be responsible for promoting dialogue and cooperation in the social field.

(4) The draft drawn up by the Commission is largely inspired by the Decision taken on the same subject under the Euro-Mediterranean Agreement with Tunisia.

(5) The Council is therefore requested to adopt the attached draft Decision of the EC-Morocco Association Council setting up a working party on social affairs.

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 Kingdom of Morocco, of the other part

THE COUNCIL OF THE EUROPEAN UNION,

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

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

[1] OJ C ..., ..., p. ...

Whereas:

(1) The Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, was concluded on 24 January 2000,

(2) Article 73 of that Agreement states that the Association Council must adopt a decision setting up a working party to be responsible for the continuous and regular evaluation of the implementation of Chapters I, II and III of Title VI by the end of the first year following the entry into force of the Agreement,

HAS DECIDED AS FOLLOWS:

Sole Article

The position to be adopted by the Community within the Association Council established by the Euro-Mediterranean Agreement concluded between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, 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

Done at Brussels,

For the Council

The President

ANNEX

Draft Decision No ../2000 of the Association Council between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, of ........2000

setting up a working party on social affairs

THE 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 Kingdom of Morocco, of the other part, [2]

[2] OJ L 70, 18.3.2000.

Whereas Article 73 of the Agreement provides that a working party be set up to evaluate the implementation of Chapters I, II and III of Title VI of the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

Pursuant to Article 73 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, a working party on social affairs is hereby set up to perform a continuous and regular evaluation of the implementation of Chapters I, II and III of Title VI of the Agreement.

Article 2

The working party shall be responsible for:

1) ensuring compliance with the principle of non-discrimination on the basis of nationality between workers of Moroccan nationality and workers who are nationals of each Member State as regards working conditions, remuneration and dismissal and social security (within the meaning of the Agreement);

2) implementing the social security provisions laid down in Articles 65 to 68 of the Agreement;

3) dialogue in social matters in accordance with Article 69 of the Agreement;

4) cooperation on social matters referred to in Article 71 of the Agreement.

Article 3

The working party shall be convened by its chair with the parties' mutual consent. It shall meet alternately in the territory of the European Community and Morocco.

Article 4

The working party shall be chaired in turn by a representative of the party acting as President of the Association Council.

Article 5

1) The chair shall draw up the provisional agenda for each meeting. It shall be sent with the convening notice to the members of the working party no later than 20 days before the beginning of the meeting.

2) The provisional agenda shall include the items in respect of which the chair has received a request for inclusion on the agenda together with any relevant document from any of the working party's members not later than 25 days before the date of the meeting.

3) The agenda shall be adopted by the working party at the beginning of each meeting. Any item other than those on the provisional agenda may be placed on the agenda if the Community and its Member States, of the one part, and Morocco, of the other part, so agree.

Article 6

The working party shall consist of officials of the Member States of the European Communities, Morocco and the Commission of the European Communities assisted by officials of the General Secretariat of the Council of the European Union.

An official of the General Secretariat of the Council of the European Union and an official of the Moroccan Government shall jointly provide the working party with secretarial services.

If both parties agree that the presence or participation of particular experts is required in order to obtain specialised information, the working party may invite such experts for such purposes as it shall define.

Article 7

The working party shall report after each of its meetings to the Association Council and may submit to it drafts or proposals for decisions and/or recommendations.

Article 8

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

Done at Brussels,

For the Association Council

The President