Proposal for a Council Decision concerning the Community position within the EU-Morocco Association Council on the implementation of Article 84 of the Euro-Mediterranean Agreement between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, in order to set up a customs cooperation committee and amend the rules of procedure of certain subcommittees and working groups of the Association Committee
Date: 2008-07-24
Institutions: European Commission
Subjects: European Community, Morocco, association agreement (EU), customs cooperation

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 24.7.2008 
COM(2008) 476 final 

Proposal for a 

COUNCIL DECISION 

concerning the Community position within the EU-Morocco Association Council on the 
implementation of Article 84 of the Euro-Mediterranean Agreement between the 
European Communities and their Member States, of the one part, and the Kingdom of 
Morocco, of the other part, in order to set up a customs cooperation committee and 
amend the rules of procedure of certain subcommittees and working groups of the 
Association Committee 

(presented by the Commission) 

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1. 

2. 

3. 

4. 

5. 

6. 

EXPLANATORY MEMORANDUM 

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,  hereinafter  'the  Association  Agreement',  forms  the 
legal basis for relations between the European Union and Morocco. 

'Transport,  environment  and  energy', 

The EU-Morocco Association Agreement came into force on 1 March 2000. Seven 
subcommittees  have  already  been  set  up:  'Internal  market',  'Industry,  trade  and 
services', 
innovation', 
'Agriculture and fisheries', 'Justice and security', and 'Human rights, democratisation 
and  governance'.  The  Agreement  also  provided  directly  for  the  establishment  of  a 
customs  cooperation  committee,  a  working  party  on  social  matters  and  migration, 
and an economic dialogue. 

'Research  and 

Decision No 2/2005 of the EU-Morocco Association Council amending Protocol 4 to 
the EU-Morocco Association Agreement concerning the definition of the concept of 
originating  products  and  methods  of  administrative  cooperation,  removed  the 
reference  to  the  customs  cooperation  committee.  A  new  legal  basis  for  the 
establishment of the customs cooperation committee must therefore be created. 

The  European  Union  and  Morocco  adopted  an  Action  Plan  under  the  European 
neighbourhood  policy  in  2005.  The  Action  Plan  serves  the  dual  purpose  of  setting 
out  concrete  steps  towards  the  fulfilment  of  the  parties'  obligations  set  out  in  the 
Association  Agreement,  and  of  providing  a  broader  framework  for  further 
strengthening  EU-Morocco  relations.  New  areas  of  dialogue  and  cooperation  have 
emerged  since  the  agreement  on  the  Action  Plan.  As  stipulated  in  the  Action  Plan, 
the  subcommittees  and  other  bodies  established  under  the  Association  Agreement 
will monitor implementation of the Action Plan. However, not all the areas covered 
by the Action Plan are covered by the existing subcommittees. Steps must therefore 
be taken to ensure that all the subject areas mentioned in the Agreement and Action 
Plan are monitored by the relevant subcommittees. This will require adjustments to 
the  rules  of  procedure  of  the  'Internal  market',  'Industry,  trade  and  services', 
'Transport,  environment  and  energy',  'Agriculture  and  fisheries'  and  'Justice  and 
security'  subcommittees,  and  the  consequent  amendment  of  Decision  No  1/2003  of 
the EU-Morocco Association Council. 

The  increasing  technical  complexity  of  the  Union's  relations  with  Morocco,  arising 
from the implementation of the Association Agreement and the EU-Morocco Action 
Plan, requires the working of the institutions of the Agreement to be brought into line 
with  this  development.  The  economic  dialogue  established  by  Article  44  of  the 
Association Agreement does not yet have rules of procedure, unlike the other bodies. 
The  aim  of  this  proposal  for  a  decision  of  the  Association  Council  is  therefore  to 
draw up rules of procedure governing the organisation of meetings of the economic 
dialogue group and its remit. 

The  operating  rules  of  the  customs  cooperation  committee  and  economic  dialogue 
group  are  modelled  on  the  procedures  of  the  existing  subcommittees.  They  will  be 
chaired  by  the  European  Commission,  and  Member  States  will  be  informed  of  and 
invited to meetings.  

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7. 

The rules of procedure of the customs cooperation committee and economic dialogue 
group, and the amended rules of the other subcommittees have been discussed with 
the Moroccan authorities. 

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Proposal for a 

COUNCIL DECISION 

concerning the Community position within the EU-Morocco Association Council on the 
implementation of Article 84 of the Euro-Mediterranean Agreement between the 
European Communities and their Member States, of the one part, and the Kingdom of 
Morocco, of the other part, in order to set up a customs cooperation committee and 
amend the rules of procedure of certain subcommittees and working groups of the 
Association Committee 

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, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

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  Association  Agreement',  was  signed  on 
26 February 1996 and entered into force on 1 March 2000. 

the  other  part,  hereinafter 

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, provides that any working group or body necessary for 
the implementation of the Agreement may be set up. 

Article 44 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, established an economic dialogue between the parties. 

Decision No 2/2005 of the EU-Morocco Association Council amending Protocol 4 to 
the  EU-Morocco  Association  Agreement  concerning  the  definition  of  the  concept  of 
originating  products  and  methods  of  administrative  cooperation,  removed  the 
reference to the customs cooperation committee. 

The EU-Morocco Association Council recommended on 24 October 2005 that the two 
parties  implement  the  EU-Morocco  Action  Plan,  which  serves  the  dual  purpose  of 
setting  out  concrete  steps  towards  the  fulfilment  of  the  parties'  obligations  set  out  in 
the Euro-Mediterranean Agreement, and of providing a broader framework for further 
strengthening EU-Morocco relations. 

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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 setting up 
a  customs  cooperation  committee  and  amending  the  rules  of  procedure  of  certain 
subcommittees and working groups of the Association Committee, shall be based on the draft 
decision of the Association Council annexed to this Decision. 

The  customs  cooperation  committee  shall  be  chaired  by  a  representative  of  the  European 
Commission  on  behalf  of  the  European  Community.  The  Commission  shall  be  assisted  by 
representatives of the Member States. 

A representative of the Council Presidency shall express the EU's position on matters relating 
to Title VI of the Treaty on European Union. The Commission shall be fully involved in the 
preparatory work and in setting the objectives of the committee meetings. 

Done at Brussels, […] 

For the Council 
The President 
[…] 

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ANNEX  

Draft 

DECISION OF THE EU-MOROCCO ASSOCIATION COUNCIL 

setting up a customs cooperation committee and amending the rules of procedure of 
certain subcommittees and working groups of the Association Committee 

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 (the 'Association Agreement'), 

Having  regard  to  Decision  No  1/2003  of  the  EU-Morocco  Association  Council  of 
24 February 2003 setting  up  subcommittees of the  Association Committee, and in particular 
the fourth paragraph of Article 1 thereof, 

Having  regard  to  Recommendation  No  1/2005  of  the  EU-Morocco  Association  Council  of 
24 October 2005 on the implementation by the parties of the EU-Morocco Action Plan, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

The  Union's  relations  with  Morocco,  arising  from  the  implementation  of  the 
Association  Agreement  and  the  EU-Morocco  Action  Plan  adopted  under  the 
neighbourhood policy are increasingly close. 

Both parties are determined to strengthen further their relationship and to provide it 
with new prospects. 

Implementation  of  the  partnership's  priorities  and  approximation  of  legislation 
should  be  monitored.  The  EU's  competences  provide  a  framework  for  developing 
relations  and  cooperation  with  the  Mediterranean  countries  in  a  manner  consonant 
with the coherence and overall balance of the Barcelona Process. 

Decision No 2/2005 of the EU-Morocco Association Council amending Protocol 4 to 
the EU-Morocco Association Agreement concerning the definition of the concept of 
originating  products  and  methods  of  administrative  cooperation,  removed  the 
reference  to  the  customs  cooperation  committee.  A  new  legal  basis  for  the 
establishment of the customs cooperation committee must therefore be created. 

Article 84 of the Agreement provides that the working groups or bodies necessary for 
the implementation of the Agreement may be set up. 

Article 44 of the Association Agreement established an economic dialogue between 
the Union and Morocco. Rules of procedure should be adopted for the proceedings of 
this body. 

New  areas  of  dialogue  and  cooperation  have  emerged  since  the  agreement  on  the 
neighbourhood  Action  Plan.  Not  all  these  areas  are  covered  by  the  subcommittees 
created by Decision No 1/2003 of the EU-Morocco Association Council. Steps must 

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be taken to ensure that all the subject areas mentioned in the Agreement and Action 
Plan are monitored by the relevant subcommittees, 

HAS DECIDED AS FOLLOWS: 

Article 1 

An  EU-Morocco  Customs  Cooperation  Committee  shall  be  set  up  under  the  Association 
Committee  charged  with  scrutinising  implementation  of  the  Association  Agreement  and  the 
bilateral  Action  Plan  approved  under  the  neighbourhood  policy,  providing  administrative 
cooperation  in  the  implementation  of  the  PanEuroMed  Protocol  on  origin,  and  carrying  out 
any other tasks in the customs field which may be entrusted to it. 

The  rules  of  procedure  of  the  Customs  Cooperation  Committee  attached  at  Annex  1  are 
hereby adopted. 

The  Customs  Cooperation  Committee  shall  work  under  the  authority  of  the  Association 
Committee, to which it shall report after each meeting. The Customs Cooperation Committee 
shall have no decision-making power. It may, however, make recommendations with a view 
to  facilitating  the  realisation  of  the  Agreement  and  submit  proposals  to  the  Association 
Committee. These recommendations and proposals shall be adopted by mutual consent. 

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

Article 2 

The  rules  of  procedure  of  the  economic  dialogue  group  set  up  by  Article  44(a)  of  the 
Association Agreement attached at Annex 2 are hereby adopted. 

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

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

Article 3 

The  lists  of  subject  areas  covered  by  the  'Internal  market',  'Industry,  trade  and  services', 
'Transport,  environment  and  energy',  'Agriculture  and  fisheries'  and  'Justice  and  security' 
subcommittees,  as  indicated  in  the  rules  of  procedure  of  the  subcommittees  adopted  by 
Decision No 1/2003 of the EU-Morocco Association Council, shall be amended in accordance 
with the provisions of Annex 3. 

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

Article 4 

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Done at 

, 

For the Association Council 

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ANNEX I 

Rules of procedure 

EU/Morocco 

Customs Cooperation Committee 

1. 

Composition and chair 

The  EU-Morocco  Customs  Cooperation  Committee,  hereinafter  'the  committee',  shall  be 
composed  of  representatives  of  the  European  Commission,  assisted  by  Member  States' 
customs  experts,  and  of  representatives  of  the  Government  (and/or  customs  experts)  of  the 
Kingdom of Morocco. The committee shall be chaired alternately by a representative of the 
Kingdom of Morocco and a representative of the European Community. 

2. 

Role 

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

3. 

Subject matter 

The  committee  shall  discuss  all  customs  aspects  of  the  implementation  of  the  Association 
Agreement  and  of  the  bilateral  Action  Plan  approved  under  the  neighbourhood  policy.  In 
particular, it shall assess progress on the approximation, implementation and enforcement of 
laws.  Where  relevant,  cooperation  in  public  administration  matters  shall  be  discussed.  The 
committee  shall  discuss  any  problems  that  may  arise  in  the  customs  field  (e.g.  origin  rules, 
general  customs  procedures,  customs  nomenclature,  customs  value,  tariff  arrangements, 
customs  cooperation,  etc.)  and  suggest  steps  that  might  be  taken.  At  the  Association 
Committee's  request,  other  subjects,  including  horizontal  matters,  may  be  discussed  by  the 
Customs Cooperation Committee. 

The committee may discuss matters relating to one, several or all issues relating to customs. 

4. 

Secretariat 

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

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

5. 

Meetings 

The committee 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  on  the  request  to  the  other  party.  Upon  receipt  of  a  request  for  a 
committee meeting, the secretary of the other party shall reply within fifteen working days. 

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

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Meetings of the committee 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  committee  may  invite  to  its  meetings  other  representatives  of  the 
technical  departments  of  either  party  that  are  directly  concerned  or  involved  to  discuss 
horizontal issues and experts to provide specific information. 

6. 

Agendas for meetings 

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

A provisional agenda will be drawn up by the chair for each meeting. It shall be forwarded by 
the secretary in charge to their 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.  Reference  papers  and  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 committee 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  committee's  proposals,  shall  be  forwarded  by  the  secretaries  of  the 
committee to the secretaries and chair of the Association Committee. 

8. 

Non-public nature of meetings 

Unless otherwise decided, the meetings of the committee shall not be public. 

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ANNEX II 

Rules of procedure 

EU/Morocco 

Economic dialogue 

1. 

Composition and chair 

The  economic  dialogue  group  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 shall be informed and invited to the group's 
meetings. 

2. 

Role 

The economic dialogue group shall be a forum for discussion, consultation and follow-up. It 
shall  work  under  the  authority  of  the  Association  Committee,  to  which  it  shall  report  after 
each meeting. It shall have no decision-making power. It may, however, submit proposals to 
the Association Committee. 

3. 

Subject matter 

The economic dialogue group shall be a forum for the discussion of macroeconomic issues. It 
shall also discuss the implementation of the Association Agreement and the bilateral Action 
Plan  approved  under  the  neighbourhood  policy,  particularly  in  the  sectors  listed  below, 
especially as regards progress in the approximation, implementation and enforcement of laws. 
Where  relevant,  cooperation  in  public  administration  matters  shall  be  discussed.  The 
economic dialogue group shall consider any problem that may arise in the sectors listed below 
and suggest what measures may be taken: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

The macroeconomic framework 

Structural reforms 

Financial sector and capital markets (macroeconomic aspects) 

Movement of capital and current payments 

Management and control of public finances 

Taxation 

Statistics 

The  above  list  is  not  exhaustive  and  other  subjects,  including  horizontal  matters,  may  be 
added by the Association Committee. 

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

4. 

Secretariat 

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

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

5. 

Meetings 

The  group  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  on  the  request  to  the  other  party.  Upon  receipt  of  a  request  for  a 
meeting of the group, the secretary of the other party shall reply within fifteen working days. 

In  cases  of  particular  urgency,  meetings  of  the  group  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 group shall be held alternately in Brussels and in Rabat on a date 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  economic  dialogue  group  may  invite  experts  to  its  meetings  to 
provide specific information. 

6. 

Agendas for meetings 

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

A provisional agenda shall be drawn up for each meeting alternately by each chair. It shall be 
forwarded  by  the  group's  secretary  to  their  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 group 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 group's proposals, shall be forwarded by the secretaries of the group to 
the secretaries and chair of the Association Committee. 

8. 

Non-public nature of meetings 

Unless otherwise decided, the meetings of the economic dialogue group shall not be public. 

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ANNEX III 

Rules of procedure 

EU/Morocco 

Subcommittee No 1 

Internal market 

The list of sectors covered by the subcommittee appearing under point 3, 'Subject matter', is 
amended as follows: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

Standardisation,  certification,  conformity  assessment  and  market  surveillance 
(aspects other than those relating to the trade agreements in these areas); 

Competition and state aid; 

Intellectual, industrial and commercial property rights; 

Public procurement; 

Consumer protection; 

Services (regulatory issues), including financial and postal services; 

Company law and the right of establishment. 

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Rules of procedure 

EU/Morocco 

Subcommittee No 2 

Industry, trade and services 

The list of sectors covered by the subcommittee appearing under point 3, 'Subject matter', is 
amended as follows: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

Industrial cooperation and enterprise policy; 

Trade issues; 

Trade in services and the right of establishment; 

Tourism and the craft sector; 

Preparation  of  trade  agreements  on  technical  regulations,  standardisation, 
standards and conformity assessment; 

Data protection; 

Trade statistics. 

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Rules of procedure 

EU/Morocco  

Subcommittee No 3 

Transport, environment and energy 

The list of sectors covered by the subcommittee appearing under point 3, 'Subject matter', is 
amended as follows: 

(a) 

(b) 

Transport:  including  infrastructure  modernisation  and  development,  strengthening 
security  and  safety  in  maritime  and  air  transport,  control  and  management  of  ports 
and  airports,  and  improvements  to  the  multimodal  system  by  integrating  the 
interoperability issue. 

Environment:  including  building  capacity  in  institutional  and  legal  aspects  of 
environmental  governance  and  for  tackling  the  various  forms  of  pollution; 
supporting  the  integration of the environmental dimension in the priority sectors of 
the  Euro-Mediterranean  Partnership  with  a  view  to  sustainable  development;  the 
in 
implementation  of  national  environmental  protection  programmes, 
particular  those  dealing  with  sewage  treatment  and  solid  waste  management; 
stepping up regional and international cooperation, in particular in the area of 
climate change. 

(c) 

Energy: including infrastructure modernisation and development, security and safety 
of energy infrastructure and transport, demand management, promotion of renewable 
energies, research and cooperation on data exchange. 

The above list is not exhaustive and other subjects, including those of a horizontal nature, e.g. 
statistics, may be added by the Association Committee. 

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Rules of procedure 

EU/Morocco 

Subcommittee No 5 

Agriculture and fisheries 

The list of sectors covered by the subcommittee appearing under point 3, 'Subject matter', is 
amended as follows: 

(a) 

(b) 

(c) 

(d) 

(e) 

agricultural and fisheries products, including trade issues relating to them; 

agricultural cooperation and rural development; 

processed agricultural products; 

veterinary and phytosanitary matters; 

legislation applicable to trade in these products. 

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Rules of procedure 

EU/Morocco 

Subcommittee No 6 

Justice and security 

The list of sectors covered by the subcommittee appearing under point 3, 'Subject matter', is 
amended as follows: 

(a) 

(b) 

(c) 

cooperation on justice; 

judicial cooperation in civil and criminal matters; 

cooperation  on  combating  organised  crime,  including  trafficking  in  human  beings, 
drug-trafficking, terrorism, corruption and money-laundering; 

(d) 

cooperation in police matters. 

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