Proposal for a Council Decision on a Community position in the Association Council on the implementation of Article 84 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
Date: 2004-06-15
Institutions: European Commission
Subjects: Mediterranean third countries, Morocco, association agreement (EU), cooperation policy, fundamental rights

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 15.6.2004 
COM(2004) 426 final 

Proposal for a 

COUNCIL DECISION 

on a Community position in the Association Council on the implementation of Article 84 
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) 

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EXPLANATORY MEMORANDUM 

The Association Agreements form the legal basis for the European Union's relations 
with the countries participating in the Barcelona Process.  

The  increasing  technical  complexity  of  the  Union's  relations  with  the  southern 
Mediterranean countries, arising from the implementation of the Euro-Mediterranean 
agreements and the continuation of the Euro-Mediterranean partnership, requires the 
working  of  the  institutions  of  these  Agreements  to  be  brought  into  line  with  the 
working  of  the  institutions  of  other  international  agreements  concluded  by  the  EU. 
Subcommittees of the association committees of the other associated countries have 
been set up in order to monitor implementation of the partnership priorities and the 
approximation of legislation.  

The Euro-Med countries with which agreements are in force have already expressed 
the  desire  for  greater  cooperation  in  the  various  areas  covered  by  the  numerous 
provisions  of  the  Association  Agreements.  A  number  of  activities  are  currently 
taking  place  at  regional  level  in  the  Barcelona  Process  context  while,  at  bilateral 
level, the Commission's departments try to respond to the requests of these countries 
on an individual, case-by-case basis. The EU-Morocco Association Agreement came 
into force on 1 March 2000 and provides for the establishment of a  free  trade area 
between  the  EU  and  Morocco  by  28  February  2012  at  the  latest.  The  Moroccan 
Government  has  repeatedly  expressed  the  desire  for  an  advanced  status  in  its 
relations  with  the  EU  ("more  than  association,  less  than  accession").  It  has  stated 
that  "the  establishment  of  a  free  trade  area  is  not  an  end  in  itself".  The  principal 
objective  sought  is  "increased  interpenetration  of  the  partners'  economies  and 
societies  and  institutional  convergence  by  means  of  additional  mechanisms  and 
appropriate legal instruments to be agreed". 

The  EU's  competences  provide  a  framework  for  developing  relations  with  the 
Mediterranean  countries  in  a  way  that  takes  account  of  the  need  for  the  whole 
Barcelona  Process  to  be  coherent  and  balanced.  To  provide  an  appropriate 
institutional  framework  for  implementing and enhancing cooperation, the European 
Union has already decided to create subcommittees for the Association Committee. 
Morocco  will  be  the  first  country  of  the  southern  shore  of  the  Mediterranean  for 
which  this  framework  has  been  created.  The  subcommittees  will  become  active  as 
and when the parties agree on the objectives, rules and procedures and programme. 

The  conclusions  of  the  Marseilles  Conference  in  November  2000  call  for  more 
extensive objectives and closer relations with the countries of the Mediterranean in 
the  framework  of  the  Association  Agreements.  This  also  has  practical  implications 
for the institutions implementing the agreements. The conclusions drawn at the end 
of these meetings and the action plan agreed in Valencia reaffirm joint commitments 
and stress the need to step up efforts to support human rights, and the determination 
to do so. 

Human Rights and fundamental freedoms form an integral and essential part of the 
framework  governing  relations  between  the  European  Union  and  its  Mediterranean 
the  Barcelona  process/Euro-
partners,  both  within 

the  regional  context  of 

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7. 

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Mediterranean  partnership,  and  through  the  bilateral  Association  Agreements 
concluded or under negotiation with all the Mediterranean partner countries. 

Accordingly,  the  Commission  proposes  that  a  new  subcommittee  on  human  rights, 
democratisation  and  governance  be  formally  established  in  addition  to  the 
committees and groups already set up or planned under the Association Agreement.  

In organisational terms, the new-sub committee will be chaired, so far as the EU is 
concerned, according to the same rules as apply to the Association Committee. In the 
event  of  discussion  on  subjects  outside 
the  Community's  competence,  a 
representative  of  the  Council  presidency  will  chair  the  committee  and  also  express 
the  position  of  the  Member  States.  In  such  cases  the  Commission  will  be  fully 
involved  in  discussions  on  the  approach  to  be  followed  and  the  objectives  to  be 
achieved during the meeting of the subcommittee. 

The  objective,  the  subjects  covered  by  the  subcommittee  and  the  implementing 
procedures are contained in the rules of procedure at annex. The tasks and rules of 
procedure  of  the  subcommittee  have  been  discussed  informally  with  the  Moroccan 
authorities. 

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Proposal for a 

COUNCIL DECISION 

on a Community position in the Association Council on the implementation of Article 84 
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 

Whereas: 

(1) 

(2) 

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. 

Article 84 of that Agreement states that the Association Council may decide to set up 
any working group or body 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  Kingdom  of  Morocco,  of  the  other  part,  on  the 
implementation  of  Article  84  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 

1 

OJ C […], […], p. […]. 

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ANNEX 

Draft 

DECISION OF THE EU-MOROCCO ASSOCIATION COUNCIL 

creating a Subcommittee on Human Rights, Democratisation and Governance 

The EU-Morocco 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, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

A  free  trade  area  is  to  be  established  between  the  EU  and  Morocco  by  28  February 
2012 at the latest, 

The  EU's  relations  with  the  southern  Mediterranean  countries  are  becoming 
increasingly  complex  as  a  result  of  the  implementation  of  the  Euro-Mediterranean 
agreements and the continuation of the Euro-Mediterranean partnership. 

Implementation of the partnership's priorities and approximation of legislation should 
be  monitored.  The  EU's  competences  provide  a  framework  for  developing  relations 
with the Mediterranean countries in a way that takes account of the need for the whole 
Barcelona Process to be coherent and balanced. 

The European Union has already decided to create subcommittees for the Association 
Committee  to  provide  an  appropriate  institutional  framework  for  implementing  and 
enhancing cooperation.  

Human  rights  and  fundamental  freedoms  form  an  integral  and  essential  part  of  the 
framework  governing  relations  between  the  European  Union  and  its  Mediterranean 
partners. 

Article  84  of  the  Agreement  provides  for  the  setting  up  of  the  working  groups  or 
bodies necessary for the implementation of the Agreement, 

HAS DECIDED AS FOLLOWS: 

Sole Article 

The Subcommittee on Human Rights, Democratisation and Governance is hereby set up and 
its rules of procedure, set out in Annex 1, are hereby adopted. 

The Subcommittee shall work under the authority of the Association Committee, to which it 
shall report after each meeting. The Subcommittee shall have no decision-making power. 

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The  Association  Committee  shall  take  any  other  action  needed  to  ensure  that  the 
Subcommittee operates properly and inform the Association Council accordingly. 

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

Done at 

on 

For the Association Council 

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ANNEX I 

Rules of procedure 

EU-Morocco Subcommittee No 7 

Human Rights, Democratisation and Governance 

1. 

Composition and chair 

The  Subcommittee  shall  be  composed  of  representatives  of  the  European  Commission  and 
representatives  of  the  Government  of  Morocco  and  shall  be  chaired  alternately  by  the  two 
parties. The Member States will be informed and invited to the Subcommittee's meetings. On 
the  EU  side,  if  subject  matters  outside  the  Community's  competence  are  discussed,  the 
Subcommittee shall be chaired by a representative of the Presidency of the Council, who shall 
also express the position of the Member States. In such cases the  Commission will be fully 
involved  in  discussions  on  the  approach  to  be  followed  and  the  objectives  to  be  achieved 
during the meeting of the Subcommittee. 

2. 

Role 

The Subcommittee shall work under the authority of the Association Committee, to which it 
shall  report  after  each  meeting.  The  Subcommittee  shall  have  no  decision-making  power.  It 
may, however, submit proposals to the Association Committee  

3. 

Topics 

The  Subcommittee  shall  discuss  the  implementation  of  the  Association  Agreement  in  the 
areas  listed  below.  In  particular,  it  shall  assess  progress  on  approximation  of  laws, 
implementation  and  enforcement.  Where  relevant,  cooperation  in  public  administration 
matters  shall  be  discussed.  The  Subcommittee  shall  evaluate  progress  and  examine  any 
problems that may arise in the sectors listed below and shall suggest steps that might be taken. 

3. a - 

The  rule  of  law,  good  governance  and  democracy,  including  in  particular: 
strengthening democracy and the rule of law; the independence of the judiciary and 
access to justice 

3. b -  Ratifying and implementing the principal international conventions on human rights 

and fundamental freedoms, and the protocols to those conventions 

3. c -  National administrative and institutional capacity 

The above list is not exhaustive and other relevant subjects, including horizontal matters, e.g. 
statistics,  may  be  added  by 
in  particular  as  regards 
implementation of the regional programme. 

the  Association  Committee, 

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

4. 

Secretariat 

An official of the European Commission and an official of the Government of Morocco shall 
act jointly as permanent secretaries of the Subcommittee.  

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All communications concerning the Subcommittee shall be forwarded to the secretaries.  

5. 

Meetings 

The Subcommittee shall meet whenever circumstances require. A meeting may be convened 
on the basis of a request from 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 15 working days.  

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

Meetings 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  each  party's 
delegation.  

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

6. 

Agenda of the meetings 

All requests for items to be included on the Subcommittee's agenda shall be forwarded to the 
secretaries.  

A provisional agenda shall 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.  

Items for inclusion in the provisional agenda must be notified to the secretaries at least 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 special and/or urgent 
cases, later notification and supply of documentation may be allowed, 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, 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  its 
proceedings shall not be made public.  

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FINANCIAL STATEMENT 

BUDGET HEADING: 

Fiche/04/ 

DATE: 12.3.04 

APPROPRIATIONS: 

TITLE: 
Creation of a Subcommittee on Human Rights, Democratisation and Governance under the Association 
Agreement between the European Community and its Member States, of the one part, and the Kingdom 
of Morocco, of the other part. 

LEGAL BASIS: 
Article 84 of the EU-Morocco Association Agreement 

OBJECTIVES: 
To create a Subcommittee on Human Rights, Democracy and Governance 
FINANCIAL IMPACT 

12 MONTH 
PERIOD 

(EUR million) 

CURRENT 
FINANCIAL 
YEAR 
2004 
(EUR million) 

FOLLOWING 
FINANCIAL 
YEAR 
2005 
(EUR million) 

1. 

2. 

3. 

4. 

5. 

n.a. 

n.a. 

5.0 

THE EC 

EXPENDITURE CHARGED TO: 
- 
BUDGET(REFUNDS/INTERVENTIONS) 
NATIONAL BUDGETS 
- 
OTHER SECTORS 
- 

5.1  REVENUE 

EC OWN RESOURCES 

- 
(LEVIES/CUSTOMS DUTIES) 
NATIONAL 
- 

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? 

6.1  CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF 

THE CURRENT BUDGET? 

6.2  WILL A SUPPLEMENTARY BUDGET BE NECESSARY? 
6.3  WILL APPROPRIATIONS NEED TO BE ENTERED IN FUTURE BUDGETS? 
OBSERVATIONS: 

2005 

2006 

- 
- 
- 

- 
- 
- 

YES 

YES 
NO 
NO 

Subcommittee meetings will be held in Brussels and Morocco alternately. For meetings held in Brussels, costs 
over and above those for internal meetings are not envisaged (no interpreting and no lunch). For the meetings 
held in Morocco, mission costs will be covered by the programming of each DG, given that the Subcommittee's 
meetings will in principle be held at the same time as other scheduled meetings. 

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