Proposal for a Council Decision 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 Tunisian Republic, of the other part
Date: 2006-12-08
Institutions: European Commission
Subjects: Tunisia, agreement (EU), association agreement, democracy, human rights, joint body (EU)

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 8.12.2006 
COM(2006) 776 final 

Proposal for a 

COUNCIL DECISION 

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 Tunisian Republic, 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 of the Neighbourhood Policy requires the working of the institutions 
of the Agreements to be brought into line with this development. Subcommittees of 
the association committees have therefore been set up in the framework of the Euro-
Mediterranean  agreements  to  monitor  implementation  of  the  partnership  priorities 
and the approximation of legislation.  

The  Association  Agreement  between  the  EU  and  Tunisia  entered  into  force  on  1 
March  1998.  Six  subcommittees  have  already  been  set  up:  "Internal  Market", 
"Industry,  Trade  and  Services",  "Transport,  Environment  and  Energy",  "Research 
and  Innovation",  "Agriculture  and  Fisheries"  and  "Justice  and  Security". 
Furthermore,  a  Customs  Cooperation  Committee  and  a  Working  Group  on  Social 
Affairs are also being set up. 

Human  rights  and  fundamental  freedoms  form  an  integral  and  essential  part  of  the 
framework  governing  relations  between  the  European  Union  and  its  Mediterranean 
partners,  both  within 
the  Barcelona  process/Euro-
Mediterranean  partnership  and  through  the  bilateral  Association  Agreements 
concluded with the Mediterranean partner countries. 

the  regional  context  of 

In this perspective and in line with the Action Plan and Neighbourhood Policy agreed 
between the EU and Tunisia, the Commission proposes the formal creation of a new 
Subcommittee on Human Rights and Democracy in addition to the subcommittees or 
working groups already planned or created under the Association Agreement.  

In  organisational  terms,  the  new  subcommittee  will  be  chaired,  as  far  as  the  EU  is 
concerned, according to the same rules as apply to the Association Committee. When 
subjects  falling  under  Titles  V  and  VI  of  the  European  Union  agreement  are 
discussed,  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  Tunisian 
authorities. 

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Proposal for a 

COUNCIL DECISION 

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 Tunisian Republic, 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) 

The  Euro-Mediterranean  Agreement  establishing  an  Association  between 
the 
European  Communities  and  their  Member  States,  of  the  one  part,  and  the  Tunisian 
Republic, of the other part, was concluded on 17 July 1995 and entered into force on 
1st March 1998,. 

(2) 

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: 

Article 1 

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  Tunisian  Republic,  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. 

Article 2 

The Subcommittee shall be composed of representatives of the European Community and its 
Member States and representatives of the Government of the Tunisian Republic and shall be 
chaired  alternately  by  the  two  parties.  A  representative  of  the  European  Commission  will 
chair  the  Subcommittee  on  behalf  of  the  European  Community  and  its  Member  States  and 
speak  on  matters  falling  within  the  Community's  competences.  For  matters  falling  within 

1 

OJ C […], […], p. […]. 

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Titles V and VI of the Treaty of the European Union, the position of the EU will be expressed 
by  a  representative  of  the  Council  Presidency.  Full  consistency  of  the  EU  position  will  be 
ensured.  The  Member  States  will  be  informed  and  invited  to  the  meetings  of  the 
Subcommittee. 

Done at Brussels,  

For the Council 
The President 

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ANNEX 

Draft of 1.6.2006 

DECISION OF THE EU-TUNISIA ASSOCIATION COUNCIL 

creating a Subcommittee on Human Rights and Democracy  

The EU-Tunisia 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 
Tunisian Republic, of the other part, 

Whereas : 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

Respect  for  democratic  principles,  human  rights  and  fundamental  freedoms 
forms  an  integral  and  essential  part  of  the  framework  governing  relations 
between the European Union and its Mediterranean partners. 

Given their importance as an essential component of the Association Agreement, 
these  subjects  will  be  duly  discussed  within  the  various  bodies  set  up  by  the 
Agreement. 

The  Neighbourhood  Policy  sets  itself  ambitious  aims  based  on  mutually 
recognised  attachment  to  shared  values  encompassing  democracy,  the  rule  of 
law, good governance and respect for human rights. 

The  increasing  technical  complexity  of  the  Union's  relations  with  the  southern 
Mediterranean  countries  arising  from 
the  Euro-
Mediterranean  agreements  and  the  continuation  of  the  Euro-Mediterranean 
partnership. 

implementation  of 

the 

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  in  order  to  provide  an  appropriate  institutional 
framework for implementing and enhancing cooperation. 

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: 

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Sole article 

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

Issues within the remit of the Subcommittee on Human Rights and Democracy can also 
be addressed at higher levels in the political dialogue between the EU and Tunisia. 

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 1 

Rules of Procedure 

EU/Tunisia subcommittee No 7 

Human Rights and Democracy 

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 the Tunisian Republic and 
shall be chaired alternately by the two parties. 

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. It shall also serve as the principal technical mechanism for monitroing 
the implementation of human rights and democracy measures under the Neighbourhood 
Policy EU-Tunisia Action Plan. In particular, it shall assess progress on approximation of 
laws, 
in  public 
administration matters shall be discussed in accordance with the Neighbourhood Action 
Plan.  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.. 

implementation  and  enforcement.  Where  relevant,  cooperation 

3.a - 

3.b - 

The  rule  of  law  and  democracy,  including  in  particular:  strengthening 
democracy  and  the  rule  of  law;  the  independence  of  the  judiciary,  access  to 
justice and the modernisation of the latter. 

Ratifying  and  implementing  the  principal  international  conventions  on  human 
rights  and  fundamental  freedoms  and  progress  in  the  process  of  ratifying  the 
optional protocols relating to the agreements to which Tunisia is party.  

3.c - 

Strengthening of 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  the  Association  Committee,  in  particular  as  regards 
implementation of EU-Tunisia cooperation measures. Individual cases may also be raised 
where requested by one or other of the parties. 

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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  Tunisia 
shall act jointly as permanent secretaries of the Subcommittee.  

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

5. 

Meetings 

The Subcommittee shall meet whenever circumstances require and at least once a year. 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.  

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  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.  

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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 be confidential. 

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