WRITTEN QUESTION P-1582/02

by Michael Cashman (PSE) to the Commission

(28 May 2002)

Subject: EU Association Agreements

Could the Commission give full details of how it scrutinises the application or non-application of clauses of the EU Association Agreements with non-EU countries? Does the Commission currently systematically audit these Agreements to ensure that all criteria and obligations are being fulfilled by both partners? If not, what steps is the Commission taking to ensure that this process of auditing does occur?

Answer given by Mr Patten on behalf of the Commission

(2 July 2002)

Normally Union Association Agreements with third countries set out the principles which underpin the partnership, notably respect for democratic principles and human rights; provide a framework for cooperation over a wide range of civil activities; and contain specific provisions on trade, the establishment of and cooperation with companies by both partners, capital movements and the protection of intellectual property.

The Union, and particularly the Commission, uses the meetings of the bodies established under the Agreements (of Association or Cooperation) to review the situation in all these areas. More generally, the Union's institutions and the Member States, who are parties to the Agreements in their own right, continually assess the progress achieved by our partners.

The Union bases itself on information obtained from its delegations and embassies on the spot, and through contacts with and information provided by the government, United Nations bodies, civil society, non-governmental organisations and other interested and informed organisations.

For example, an extensive framework for scrutinising the proper application of provisions of Association Agreements exists with the candidate countries from Central and Eastern Europe. Regular meetings on various levels take place to tackle any issue with regard to the correct implementation of these so-called Europe Agreements. Such meetings aim at ensuring full compliance with the provisions of Association Agreements. They are also regularly held with the candidate countries Cyprus, Malta and Turkey.

Moreover, the implementation of the Stabilisation and Association Agreements with the Former Yugoslav Republic of Macedonia (FYROM) and Croatia is regularly reviewed by the bodies cited or created by the Agreements themselves, namely the relevant councils, committees, technical working parties, to ensure that all the criteria agreed and obligations undertaken are being fulfilled by the parties.

In particular the responsibility of the Stabilisation and Association Agreement Council is to supervise the enforcement and implementation of the Agreement.

In addition, the Economic Partnership, Political Co-ordination and Cooperation Agreement between the Union and Mexico includes an institutional framework composed of a Joint Council (Ministerial level that meets at least once a year), a Joint Committee (senior civil servant level that meets at least once a year) and several special committees (at the technical level). This institutional framework allows both parties to assess and evaluate the implementation of the agreement.

Prior to the negotiation of the Agreement the Commission undertook the studies requested by conclusions of the Council of Ministers which were in force at the time. The obligation to audit was agreed at a later stage and therefore the Union-Mexico Agreement has not been audited. The Commission will do so when opening the negotiations on the issues still pending, namely liberalisation of services and some agricultural products. The parties should open talks on these issues three years after entry into force of the Decision 2/2000 liberalising trade on goods and Decision 2/2001 concerning trade on services.

Last but not least, the overall application of the provisions of the agreements with the Mediterranean countries is monitored by meetings of the association councils, which usually meet once a year. The association committees administer the more technical aspects of the agreements, and they too generally meet once a year. Working parties or ad hoc meetings are convened if a more detailed examination of a particular issue is required.