Proposal for a Council Decision on the signing and provisional application of a Protocol to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, on a Framework Agreement between the European Community and the State of Israel on the general principles governing the State of Israel’s participation in Community programmes
Date: 2007-11-14
Institutions: European Commission
Subjects: EU programme, Israel, association agreement (EU), protocol to an agreement, signature of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 14.11.2007 
COM(2007) 713 final 

2007/0241 (AVC) 

Proposal for a 

COUNCIL DECISION 

on the signing and provisional application of a Protocol to the Euro-Mediterranean 
Agreement establishing an association between the European Communities and their 
Member States, of the one part, and the State of Israel, of the other part, on a 
Framework Agreement between the European Community and the State of Israel on the 
general principles governing the State of Israel’s participation in Community 
programmes 

Proposal for a 

COUNCIL DECISION 

on the conclusion of a Protocol to the Euro-Mediterranean Agreement establishing an 
association between the European Communities and their Member States, of the one 
part, and the State of Israel, of the other part, on a Framework Agreement between the 
European Community and the State of Israel on the general principles governing the 
State of Israel’s participation in Community programmes 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

As part of the European Neighbourhood Policy, the gradual opening-up of certain Community 
programmes  and  agencies  to  the  participation  of  ENP  partner  countries  represents  one  of 
many  measures  designed  to  promote  reform,  modernisation  and  transition  in  the  European 
Union’s  neighbourhood.  This  policy  aspect  is  outlined  in  the  Commission  Communication 
“on  the  general  approach  to  enable  ENP  partner  countries  to  participate  in  Community 
agencies and Community programmes”1. 

The Council endorsed this approach on 5 March 20072. 

On  the  basis  of  that  Communication  and  those  conclusions,  the  Council,  on  18  June  2007, 
issued  directives  to  the  Commission  to  negotiate  Framework  Agreements  with  Algeria, 
Armenia,  Azerbaijan,  Egypt,  Georgia,  Israel,  Jordan,  Lebanon,  Moldova,  Morocco,  the 
Palestinian  Authority,  Tunisia,  and  Ukraine,  on  the  general  principles  governing  their 
participation in Community programmes3. 

The  June  2007  European  Council4  reaffirmed  the  paramount  importance  of  the  European 
Neighbourhood Policy and endorsed a Presidency Progress Report5 that had been submitted to 
the General Affairs and External Relations Council (GAERC) meeting on 18/19 June as well 
as  the  related  Council  Conclusions6.  This  report  mentioned  the  Council  directives  for 
negotiating  relevant  additional  protocols,  identifying  Israel,  Morocco  and  Ukraine  as  being 
likely to be the first partner countries to benefit from these measures. 

Negotiations  with  Israel  have  since  been  completed  to  the  satisfaction  of  the  Commission. 
The text of the Protocol negotiated with Israel is attached. 

The Commission herewith submits proposals for (1) a Council Decision on the signing of the 
Protocol and (2) a Council Decision on the conclusion of the Protocol. This Protocol contains 
a  Framework  Agreement  on  the  general  principles  governing  Israel's  participation  in 
Community programmes.  It  contains  standard stipulations that are  intended  to be  applied to 
all ENP partner countries with which such protocols are to be concluded. The negotiated text 
also allows the Parties to provisionally apply the provisions of the Protocol from the date of 
its signature. This is particularly relevant in the case of Israel. 

According to Article 300(3) TEC, the European Parliament will be requested to give its assent 
to this Protocol.  

The Council is invited to adopt the following proposed Decisions. 

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2 
3 
4 
5 
6 

COM (2006) 724 final of 4 December 2006. 
GAERC conclusions of 5 March 2007. 
Council Decision (restricted) authorising the Commission to negotiate Protocols […], Doc 10412/07. 
Presidency Conclusions – Brussels, 21/22 June 2007, Doc 11177/07. 
Presidency Progress Report on “Strengthening the European Neighbourhood Policy”, Doc 10874/07.  
Conclusions  on  Strengthening  the  European  Neighbourhood  Policy,  adopted  by  the  Council  (General 
Affairs and External Relations) on 18 June 2007, Doc 11016/07. 

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Proposal for a 

COUNCIL DECISION 

on the signing and provisional application of a Protocol to the Euro-Mediterranean 
Agreement establishing an association between the European Communities and their 
Member States, of the one part, and the State of Israel, of the other part, on a 
Framework Agreement between the European Community and the State of Israel on the 
general principles governing the State of Israel’s participation in Community 
programmes 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 310  thereof  in  connection  with  Article  300(2)  first  paragraph,  first  and  second 
sentence, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

On 18 June 2007 the Council authorised the Commission to negotiate a Protocol to the 
Euro-Mediterranean  Association  Agreement  with  Israel  on  a  Framework  Agreement 
on the general principles for its participation in Community programmes. 

These negotiations have been concluded to the satisfaction of the Commission.  

The text of the Protocol negotiated with the State of Israel provides, in Article 10, for 
the provisional application of the Protocol before its entry into force. 

Subject to its conclusion at a later date, the Protocol should be signed on behalf of the 
Community and its Member States and applied provisionally, 

HAS DECIDED AS FOLLOWS:  

Article 1 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person(s)  empowered  to 
sign,  on  behalf  of  the  European  Community  and  its  Member  States,  the  Protocol  to  the 
Euro-Mediterranean  Agreement  establishing  an  association  between 
the  European 
Communities  and  their  Member  States  and  the  State  of  Israel,  on  a  Framework  Agreement 
between the European Community and the State of Israel on the general principles governing 
the State of Israel’s participation in Community programmes. 

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Article 2 

This  Protocol  shall  apply  provisionally  as  from  the  date  of  its  signature,  subject  to  its 
conclusion at a later date. 

Done at Brussels,  

For the Council 
The President 

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2007/0241 (AVC) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of a Protocol to the Euro-Mediterranean Agreement establishing an 
association between the European Communities and their Member States, of the one 
part, and the State of Israel, of the other part, on a Framework Agreement between the 
European Community and the State of Israel on the general principles governing the 
State of Israel’s participation in Community programmes 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
310 thereof in connection with Articles 300(2), first paragraph, first and second sentence, and 
300(3), 

Having regard to the proposal from the Commission, 

Having regard to the assent of the European Parliament, 

Whereas: 

(1) 

The Protocol to the Euro-Mediterranean Association Agreement between the European 
Communities and their Member States, of the one part, and the State of Israel, of the 
other part, was signed on behalf of the European Community and its Member States 
on [insert date of signature]. 

(2) 

The Protocol should be approved, 

HAS DECIDED AS FOLLOWS:  

Sole Article 

The  Protocol  to  the  Euro-Mediterranean  Agreement  establishing  an  association  between  the 
European Communities and their Member States, of the one part, and the State of Israel, of 
the other part, on a Framework Agreement between the European Community and the State of 
Israel  on  the  general  principles  governing  the  State  of  Israel’s  participation  in  Community 
programmes  is  hereby  approved  on  behalf  of  the  European  Community  and  its  Member 
States. The text of the Protocol is attached to this Decision. 

Done at Brussels, 

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For the Council 
The President 

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PROTOCOL 

to the Euro-Mediterranean Agreement establishing an association between the 
European Communities and their Member States, of the one part, and the State of 
Israel, of the other part, on a Framework Agreement between the European Community 
and the State of Israel on the general principles governing the State of Israel’s 
participation in Community programmes 

THE EUROPEAN COMMUNITY, hereinafter referred to as “the Community”, 

of the one part,  

and 

the State of Israel, hereinafter referred to as “Israel”, 

of the other part 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

Israel  entered  into  a  Euro-Mediterranean  Agreement  establishing  an  association 
between  the  European  Communities  and  their  Member  States,  of  the  one  part,  and 
Israel,  of  the  other  part,  on  20  November  1995  (Official  Journal  of  the  European 
Communities L 147/3 of 21 June 2000). 

The  Brussels  European  Council  of  17/18  June  2004  welcomed  the  Commission’s 
proposals  for  a  European  Neighbourhood  Policy  (ENP)  and  endorsed  the  related 
Council conclusions of 14 June 2004. 

The Council has, on numerous further occasions, adopted conclusions in favour of this 
policy. 

The Council, on 5 March 2007, expressed support for the general and global approach 
outlined in the Commission’s Communication of 4 December 2006, COM (2006) 724 
final,  to  enable  ENP  partners  to  participate  in  Community  agencies  and  Community 
programmes on their merits and where the legal bases so allow. 

Israel has expressed its wish to participate in a number of Community programmes. 

The specific terms and conditions, including financial contribution and reporting and 
evaluation  procedures,  regarding  Israel's  participation  in  each  particular  programme 
should  be  determined  by  agreement  between  the  Commission  of  the  European 
Communities, acting on behalf of the Community, and Israel, 

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HAVE AGREED AS FOLLOWS: 

Article 1 

Israel shall be allowed to participate in all current and future Community programmes opened 
to the participation of Israel in accordance with the provisions adopting these programmes. 

Israel shall contribute financially to the general budget of the European Union corresponding 
to the specific programmes in which Israel participates.  

Article 2 

Article 3 

Israel’s  representatives  shall  be  allowed  to  take  part,  as  observers  and  for  the  points  which 
concern Israel, in the management committees responsible for monitoring the programmes to 
which Israel contributes financially.  

Article 4 

Projects  and  initiatives  submitted  by  participants  from  Israel  shall,  as  far  as  possible,  be 
subject to the same conditions, rules and procedures pertaining to the programmes concerned 
as are applied to Member States.  

Article 5 

The  specific  terms  and  conditions  regarding  Israel's  participation  in  each  programme,  in 
particular the financial contribution payable and reporting and evaluation procedures, will be 
determined by agreement between the Commission, acting on behalf of the Community, and 
the competent authorities of Israel (Memorandum of Understanding). 

If  Israel  applies  for  Community  external  assistance  to  participate  in  a  given  Community 
programme on the basis of Regulation (EC) No 1638/2006 of the European Parliament and of 
the  Council  of  24  October  2006  laying  down  general  provisions  establishing  a  European 
Neighbourhood  and  Partnership  Instrument  or  pursuant  to  any  similar  Regulation  providing 
for Community external assistance to Israel that may be adopted in the future, the conditions 
governing the use by Israel of the Community assistance shall be determined in a financing 
agreement. 

Article 6 

Each  Memorandum  of  Understanding  shall  stipulate,  in  accordance  with  the  Community’s 
Financial  Regulation,  that  financial  control  or  audits  will  be  carried  out  by,  or  under  the 
authority of, the European Commission, OLAF and the Court of Auditors. 

Detailed provision shall be made for financial control and auditing, administrative measures, 
penalties and recovery enabling the European Commission, OLAF and the Court of Auditors 

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to  be  granted  powers  equivalent  to  their  powers  with  regard  to  beneficiaries  or  contractors 
established in the Community.  

Article 7 

The  present  Framework  Agreement  (hereinafter referred  to  as  “Agreement”)  shall  apply  for 
the period for which the Euro-Mediterranean Agreement establishing an association between 
the European Communities and their Member States, of the one part, and the State of Israel, 
of the other part, is in force. 

This  Protocol  shall  be  signed  and  approved  by  the  Community  and  by  Israel  in  accordance 
with their respective procedures.  

Either  Contracting  Party  may  denounce  this  Agreement  by  written  notification  to  the  other 
Party. This Agreement shall be terminated six months after the date of such notification.  

Article 8 

No later than three years after the date of entry into force of this Agreement, and every three 
years thereafter, both Contracting Parties may review the implementation of this Agreement 
on the basis of Israel's actual participation in one or more Community programmes.  

Article 9 

This  Agreement  shall  apply,  on  the  one  hand,  to  the  territories  in  which  the  Treaty 
establishing  the  European  Community  (or  its  successor  treaty)  is  applied  and  under  the 
conditions laid down in that Treaty, and, on the other hand, to the territory of Israel.  

Article 10 

This Protocol shall enter into force on the first day of the month following the date on which 
the  Parties  notify  each  other  through  diplomatic  channels  of  the  completion  of  their 
procedures necessary for its entry into force.  

Pending  its  entry  into  force,  the  Parties  agree  that,  notwithstanding  the  completion  of  their 
internal  procedures,  they  shall  provisionally  apply  the  provisions  of  this  Protocol  from  the 
date of its signature, subject to its conclusion at a later date. 

Article 11 

This Agreement is drawn up in duplicate in each of the official languages of the Contracting 
Parties. 

Each of the language texts is equally authentic.  

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Article 12 

This Agreement shall form an integral part of the Euro-Mediterranean Agreement establishing 
an association between the European Communities and their Member States, of the one part, 
and the State of Israel, of the other part. 

Done at Brussels, [date] 

For the Government of Israel 

For the European Community 

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