Proposal for a Council Decision on the signature and conclusion, on behalf of the European Community, of a Cooperation Agreement with the Principality of Andorra
Date: 2004-07-06
Institutions: European Commission
Subjects: Andorra, cooperation agreement (EU)

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 30.11.2004 
COM(2004) 456 final/2 

2004/0136 (CNS) 

Corrigendum: 
Changement de cote interinstitutionnelle: 
CNS remplace AVC; 
concerne toutes les langues. 

Proposal for a 

COUNCIL DECISION 

on the signature and conclusion, on behalf of the European Community, 
of a Cooperation Agreement with the Principality of Andorra 

. 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The Principality of Andorra wishes to conclude as soon as possible a Cooperation Agreement 
with  the  European  Community.  This  would  be  on  the  basis  of  the  renewed  mandate  of  the 
Council  of  19  June  2002,  after  a  series  of  meetings  was  discontinued  since  January  1998, 
when lastly a draft for the Cooperation Agreement was discussed with the Andorran side. It is 
to  be  recalled  that  on  24  February  1997  the  Council  authorized  the  Commission  to  open 
negotiations with Andorra. 

On 4 September 2002 contacts on this matter were resumed between the Commission services 
and the Andorran authorities, on the basis of some reflections and suggestions on their part.  

Most of the sectors contained in the 1998 draft Agreement were retained as matter for future 
cooperation,  notably:  Environment;  Communication,  Information  and  Culture;  Education, 
Training  and  Youth;  Social  questions  and  Health;  Transports,  Energy  and  Trans-European 
Communications; Regional Policy. Andorra suggested through a non-paper of 29 April 2002 
to  add  monetary  issues,  in  particular  the  minting  of  the  Euro.  However,  the  Commission 
considered it more appropriate to keep Euro minting, as well as taxation of savings, as matters 
outside  of  the  scope  of  the  Cooperation  Agreement,  in  order  to  maintain  its  Community 
character, in accordance with the mandate of the Council. The monetary sector, as a specific 
demand of Andorra, may be an issue of possible separate negotiation. The agreement on the 
taxation of savings is currently under advanced negotiation with the Andorran authorities. 

The  Principality  of  Andorra  -  an  independent  state,  geographically  situated  between  France 
and  Spain  –  is  a  sovereign  country,  which  has  recently  adopted  its  constitution  (1993).  The 
Bishop of Urgell (a Spanish city at the border) and the President of the French Republic, both 
on a personal capacity as Co-princes, are the Heads of the Andorran State. Andorra has strong 
bilateral relations with its neighbours and is so far linked to the European Community mainly 
through  an  Agreement,  signed  in  Luxemburg  on  28  June  1990,  which  established  a  custom 
union. 

The Cooperation Agreement would not replace the latter; rather it would be complementary 
and enlarge the scope of the current relations of the Community with that country. The text of 
the annexed draft Agreement is self-explanatory. 

Apart  from  the  management  of  the  Cooperation  Committee  set  up  by  the  Agreement,  the 
conclusion of the Agreement will have no budgetary consequences. 

Negotiations on the Cooperation Agreement were completed on 29 April 2004. 

It is proposed that the Council adopts the attached decision on the signature and conclusion of 
a Cooperation Agreement with the Principality of Andorra. 

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2004/0136 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the signature and conclusion, on behalf of the European Community, 
of a Cooperation Agreement with the Principality of Andorra 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Articles 
71; 137; 149; 150; 151; 152; 156; 159; 161;175; in conjunction with the second sentence of 
the  first  sub-paragraph  of  Article  300  (2)  and  the  second  sub-paragraph  of  Article  300  (3) 
thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Parliament2, 

Whereas: 

(1) 

(2) 

(3) 

The Community is determined to strengthen existing relations with Andorra, which are 
so far governed by an Agreement signed in Luxemburg on 28 June 1990, establishing 
a Custom Union, 

Following  the  Council  authorization  of  24  February  1997,  the  Commission  has 
concluded negotiations with Andorra on an agreement which covers a wide range of 
sectors of cooperation,  

Certain tasks have been attributed to the Cooperation Committee established under the 
Agreement;  the  Commission  should  be  delegated  the  power  to  undertake  these  tasks 
on behalf of the Community, 

(4) 

The Agreement should be signed and approved, 

HAS DECIDED AS FOLLOWS:  

Article 1 

The  Cooperation  Agreement  between  the  European  Community  and  the  Principality  of 
Andorra is hereby approved on behalf of the European Community. 

The text of the Agreement is attached to this Decision. 

1 
2 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 

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The President of the Council is herby authorized to designate the person empowered to sign 
the Agreement on behalf of the European Community. 

Article 2 

The  President  of  the  Council  shall,  on  behalf  of  the  Community,  give  the  notification 
provided for in Article 14 of the Agreement. 

Article 3 

Article 4 

1. 

2. 

The  Community  shall  be  represented  in  the  Cooperation  Committee  set  up  under 
Article 9 of the Agreement by the Commission assisted by the representatives of the 
Member States. 

The  position  of  the  Community  with  regard  to  decisions  to  be  taken  by  the 
Committee  shall  be  determined  by  the  Commission,  following  consultation  of  the 
representatives of Member States. 

Done at Brussels, […] 

For the Council 
The President   

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ANNEX  

DRAFT COOPERATION AGREEMENT BETWEEN THE EUROPEAN 
COMMUNITY AND THE PRINCIPALITY OF ANDORRA 

THE EUROPEAN COMMUNITY 

of the one part, 

THE PRINCIPALITY OF ANDORRA 

of the other part, 

RESOLVED  to  consolidate  and  extend  the  existing  close  relations  between  the  European 
Community and the Principality of Andorra, 

CONSIDERING that trade relations between the European Community and the Principality of 
Andorra  are  governed  by  the  Agreement  in  the  form  of  an  Exchange  of  Letters  signed  in 
Luxembourg on 28 June 1990, which establishes a customs union,  

CONSIDERING that European integration has made considerable progress since that date, 

CONSIDERING the exceptional situation of the Principality of Andorra, which is surrounded 
by the territory of the European Union but is not a member of it, 

CONSIDERING the desire of the Principality of Andorra to play a greater part in the current 
integration  of  Europe  and  therefore  to  expand  the  scope  of  its  relations  with  the  European 
Union, 

CONSIDERING  that  the  European  Community  and  the  Principality  of  Andorra  should 
conclude an agreement to provide the broadest possible basis for their cooperation in all areas 
of common interest within their fields of competence, 

HAVE AGREED AS FOLLOWS: 

PRINCIPLES 

Article 1 

The  European  Community  and  the  Principality  of  Andorra  (hereinafter  “the  Contracting 
Parties”) undertake, within the limits of their respective powers, to cooperate on the broadest 
possible basis and to their mutual advantage in matters of common interest, and in particular 
the priority areas referred to in Articles 2 to 8 of this Agreement. 

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AREAS OF COOPERATION 

Article 2 

Environment 

The Contracting Parties shall cooperate to protect and improve the environment with a view 
to  sustainable  development.  Their  cooperation  shall  cover  the  following  areas:  climate 
change, protection of nature and biodiversity, environment and health, management of natural 
resources and waste management. To this end, they shall seek to reconcile the conservation of 
the Pyrenean environment with economic development. 

The  Contracting  Parties  shall  cooperate,  in  a  spirit  of  shared  responsibility,  to  resolve  the 
environmental problems confronting the Principality of Andorra and the Pyrenean regions of 
the European Community. They shall take account of the fact that certain problems, such as 
that of waste, are connected with the movement of goods and persons between their respective 
territories. The Contracting Parties shall in particular cooperate in the transfer and disposal of 
waste. 

In  so  far  as  its  means  allow,  and  provided  such  standards  are  relevant  to  it  in  terms  of  the 
protection of the environment and sustainable development, the Principality of Andorra will 
endeavour  to  adopt  environmental  standards  equivalent  to  the  European  Community’s;  the 
European Community will, on request, cooperate with the Principality of Andorra to this end. 

The  Contracting  Parties  will  study  the  feasibility  and  practicalities  of  involving  the 
Principality  of  Andorra  in  such  European  Community  environmental  programmes  open  to 
non-member countries as may be of interest to it. 

The  European  Community  shall  help  establish  cooperation  between 
Environment Agency and the Principality of Andorra. 

the  European 

Article 3 

Communications, information, culture 

Within  the  scope  afforded  by  Community  initiatives  and  Andorran  law,  the  Contracting 
Parties  agree  to  undertake  joint  projects  in  the  area  of  communications,  information  and 
culture in the spirit of Article 151 of the Treaty establishing the European Community. 

Such projects may include: 

–  exchanges of information on topics of mutual interest in the fields of culture and 

information, 

–  the organisation of cultural events, 

–  cultural exchanges, 

–  the  conservation  of  the  Andorran  and  Pyrenean  architectural  heritage  and  the 

restoration of monuments and sites, 

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–  the conservation and promotion of the Andorran and Pyrenean cultural heritage, 

–  the  establishment  of  cross-border  research  programmes  on  history,  art  and 

languages, 

–  measures to preserve, enhance and disseminate the Catalan language, 

–  the participation of the Principality of Andorra in European Community cultural 

projects. 

Article 4 

Education, vocational training and youth 

Guided  by  Articles  149  and  150  of  the  Treaty  establishing  the  European  Community,  the 
Contracting  Parties  undertake  to  cooperate  in  the  field  of  education  and  vocational  training 
with a view to helping create a European education area. 

The  Contracting  Parties  will  study  the  feasibility  and  practicalities  of  involving  the 
Principality  of  Andorra  in  such  European  Community  education,  vocational  training  and 
youth programmes as may be of interest to it. 

Article 5 

Social and health issues 

The  Contracting  Parties  undertake  to  study  ways  of  strengthening  coordination  in  social 
matters  through  exchanges  of  experts,  cooperation  between  administrations,  cooperation 
between businesses and training. 

The  Contracting  Parties  shall  employ  the  same  approach  for  the  purposes  of  cooperating  in 
the field of public health. 

The  Contracting  Parties  shall  avoid  all  discrimination  based  on  nationality  against  workers 
who  are  nationals  of  the  other  party  and  legally  resident  on  their  respective  territories  with 
regard to working conditions, pay and redundancy. 

The Contracting Parties’ cooperation on labour issues shall cover, inter alia, the development 
of careers guidance services, planning and the promotion of employment at local and regional 
levels. 

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Article 6 

Trans-European networks and transport  

The  Contracting  Parties  undertake  to  pursue  their  cooperation  on  trans-European  transport, 
energy and telecommunications networks and on transport in general. This cooperation shall 
be aimed, inter alia, at promoting the study of projects of common interest which show due 
regard  for  the  Pyrenean  environment.  In  their  cooperation,  the  Contracting  Parties  will  be 
guided  by  the  objectives  set  out  in  Articles  154  and  154  of  the  Treaty  establishing  the 
European Community. 

Article 7 

Regional policy 

The  Contracting  Parties,  each  in  accordance  with  its  own  legislation,  agree  to  step  up  their 
regional  cooperation,  in  line  with  the  European  Community’s  policy  of  cross-border, 
transnational and interregional cooperation. 

To that end, they encourage the following courses of action: 

–  the  study  of  a  concerted  approach  to  the  development  of  the  regions  situated  on 
the  frontier  between  the  European  Community  and  the  Principality  of  Andorra 
with a view to promoting a policy on the Pyrenees comparable to that on the Alps. 
Similarly,  the  European  Community  will  offer  the  Principality  of  Andorra  the 
possibility of taking part in future programmes of the Interreg type  on the same 
terms as other non-member countries; 

–  the  organisation  of  visits  and  exchanges  of  officials  and  experts,  with  a  view  to 

exploring the scope for cooperation; 

–  cooperation  in  matters  of  mountain  policy,  drawing  on  the  Community  policy 
aimed  at  ensuring  continued  and  sustainable  agricultural  land  use,  economic 
development and the preservation of the countryside. 

Article 8 

Other areas of cooperation 

The  Contracting  Parties  may  by  mutual  consent  extend  this  Agreement  by  concluding 
agreements on specific matters.  

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GENERAL PROVISIONS 

Article 9 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

A Cooperation Committee shall be responsible for administering this Agreement and 
ensuring that it is properly implemented.  

For  the  purpose  of  the  proper  implementation  of  this  Agreement  the  Contracting 
Parties  shall  exchange  information  and,  at  the  request  of  either  Party,  shall  hold 
consultations within the Cooperation Committee. 

The Cooperation Committee shall draw up its own its rules of procedure. 

The Cooperation Committee shall be composed, on the one hand, of representatives 
of the European Community and, on the other, of representatives of the Principality 
of Andorra. 

The Cooperation Committee shall take decisions by common accord. 

The  Cooperation  Committee  shall  be  chaired  by  each  of  the  Contracting  Parties  in 
turn, in accordance with the arrangements to be established in its rules of procedure. 

The Cooperation Committee shall meet by common accord at the request of either of 
the  Contracting  Parties.  The  Cooperation  Committee’s  rules  of  procedure  will 
specify the practical arrangements for the organisation of meetings. 

The Contracting Parties agree that any dispute arising between them over the implementation 
or interpretation of this Agreement will be submitted to the Cooperation Committee. 

Article 10 

This Agreement shall be concluded for an unlimited period. 

Article 11 

Article 12 

Either  Contracting  Party  may  denounce  this  Agreement  by  notifying  the  other  Contracting 
Party  in  writing.  In  that  case,  the  Agreement  shall  cease  to  have  effect  six  months  after  the 
date of such notification. 

Article 13 

This  Agreement  shall  apply,  on  the  one  hand,  to  the  territories  to  which  the  Treaty 
establishing the European Community is applied and under the conditions laid down in that 
Treaty and, on the other, to the territory of the Principality of Andorra. 

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Article 14 

This  Agreement  will  be  approved  by  the  Contracting  Parties  in  accordance  with  their  own 
procedures. 

This  Agreement  shall  enter  into  force  on  the  first  day  of  the  second  month  following 
notification that the procedures referred to in the first paragraph have been complied with. 

Article 15 

This  Agreement  is  drawn  up  in  duplicate  in  the  Catalan,  Czech,  Danish,  Dutch,  English, 
Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, 
Polish,  Portuguese,  Slovak,  Slovenian,  Spanish  and  Swedish  languages,  each  of  these  texts 
being equally authentic. 

Done at […] on the […] day of […] two thousand and four 

For the European Community 

For the Principality of Andorra 

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FINANCIAL STATEMENT 

DATE:  
APPROPRIATIONS: 

BUDGET HEADING: 
n.a. 
TITLE: 
Cooperation Agreement with the Principality of Andorra 
LEGAL BASIS: 
Articles : 71; 137; 149; 150; 151; 152; 156; 159; 161; 175; in conjunction with the second sentence of the 
first sub-paragraph of Article 300 (2) and the second sub-paragraph of Article 300 ( 3).  
AIMS: 
Cooperation activities to be decided later 
FINANCIAL IMPLICATIONS 
None 

12 MONTH 
PERIOD 

CURRENT 
FINANCIAL 
YEAR 
[n] 
(EUR million) 

FOLLOWING 
FINANCIAL 
YEAR 
[n+1] 
(EUR million) 

(EUR million) 

1. 

2. 

3. 

4. 

5. 

5.0 

CHARGED TO THE EC BUDGET 

EXPENDITURE 
- 
(REFUNDS/INTERVENTIONS) 
- 
- 

NATIONAL AUTHORITIES 
OTHER 

5.1  REVENUE 

OWN RESOURCES OF THE EC  

- 
(LEVIES/CUSTOMS DUTIES) 
NATIONAL 
- 

5.0.1  ESTIMATED EXPENDITURE 
5.1.1  ESTIMATED REVENUE 
5.2  METHOD OF CALCULATION: 

None 

None 

None 

None 

None 

None 

[n+2] 

[n+3] 

[n+4] 

[n+5] 

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: 

YES  

 NO 
 NO 
 NO 

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