Proposal for a Council Decision on a Community position in the association council on the implementation of Article 73 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
Date: 2008-10-15
Institutions: European Commission
Subjects: Israel, association agreement (EU), cooperation policy, human rights

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 15.10.2008 
COM(2008) 646 final 

Proposal for a 

COUNCIL DECISION 

on a Community position in the Association Council on the implementation of 
Article 73 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 

(presented by the Commission) 

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(1) 

(2) 

(3) 

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(6) 

(7) 

EXPLANATORY MEMORANDUM 

The  Association  Agreement  forms  the  legal  framework  governing  the  bilateral 
relations between the European Union and Israel. 

In Article 73 the Association Agreement provides for the setting up of the necessary 
bodies for its implementation. Following the elaboration and adoption of the EU-Israel 
Action  Plan  in  the  framework  of  the  European  Neighbourhood  Policy,  ten 
subcommittees have been established to cope with the increasing technical complexity 
of the subjects in discussion.  

Israel expressed its wish to strengthen cooperation in the various areas covered by the 
provisions  of  the  Association  Agreement  at  the  7th  EU-Israel  Association  Council  in 
March 2007. The EU, in its statement on the occasion of the 8th EU-Israel Association 
Council  in  June  2008,  declared  that  the  further  development  of  EU-Israeli  relations 
should  be  seen  “in  the  context  of  the  broad  range  of  our  common  interests  and 
objectives”.  

It further stated that “in response to our common desire to upgrade bilateral relations, 
the  European  Union  looks  forward  to  gradually  strengthen  cooperation  both  at  the 
political and sectorial levels in line with our common interest”. Reinforcing EU-Israel 
political  dialogue  included  “the  establishment  of  a  full  fledged  subcommittee  on 
Human Rights instead of the informal Working Group on Human Rights”. 

In  view  of  the  above,  the  European  Commission  proposes  to  the  Council  that,  in 
addition  to  the  existing  subcommittees  in  support  of  the  implementation  of  the 
Association  Agreement  and  the  European  Neighbourhood  Policy  Action  Plan,  a 
further subcommittee is established. 

The subcommittee proposed will be entitled: Human Rights. 

As  regards  its  organisation,  the  subcommittee  will  be  chaired  by  the  Commission 
pursuant  to  the  Council  decision  of  25th  March  2002.  In  the  event  that  the  subject 
under  discussion  is  outside  the  Community  competencies  a  representative  of  the 
Council  Presidency  will  chair  the  Committee  and  will  express  the  position  of  the 
Member  States.  In  the  latter  case,  the  Commission  will  be  fully  associated  in  the 
preparatory  work  and  in  the  definition  of  the  objectives  of  the  meetings  of  the 
subcommittee. 

(8) 

The  objective  and  the  subjects  to  be  covered  by  the  subcommittee  and  the 
implementing procedures are contained in the rules of procedure annexed. 

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Proposal for a 

COUNCIL DECISION 

on a Community position in the Association Council on the implementation of 
Article 73 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 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular  the 
second sub-paragraph of Article 300(2) thereof, 
Having regard to the proposal from the Commission1, 

Whereas: 

(1) 

(2) 

the 
The  Euro-Mediterranean  Agreement  establishing  an  Association  between 
European  Communities  and  their  Member  States,  of  the  one  part,  and  the  State  of 
Israel, of the other part, was signed on 20th November 1995 and entered into force on 
1st June 2000, 

Article 73 of that Agreement provides for the setting up of working groups or bodies 
(hereafter  referred  to  as  subcommittees)  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  State  of  Israel,  of  the  other  part,  on  the 
implementation  of  Article  73  of  the  Agreement,  shall  be  based  on  the  draft  Decision  of  the 
Association Council annexed to this Decision. 

The subcommittee shall be chaired by a European Commission representative on behalf of the 
European  Community  and  its  Member  States.  The  Member  States  shall  be  informed  of  and 
may participate in the meetings of the subcommittees in question. 

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

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Done at Brussels, […] 

For the Council 
The President 
[…] 

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DECISION OF THE EU-ISRAEL ASSOCIATION COUNCIL 

Establishment of an Association Committee subcommittee on Human Rights 

Draft 

The EU-Israel 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 State of Israel, of 
the other part, 

Whereas: 

(1) 

Article  73  of  the  Agreement  provides  for  the  setting  up  of  the  working  groups  or 
bodies  (hereafter  referred  to  as  subcommittee)  necessary  for  the  implementation  of 
the Agreement, 

HAS DECIDED AS FOLLOWS: 

Sole Article 

The subcommittee of the EU-Israel Association Committee listed in Annex 1 is hereby set up 
and the rules of procedure of this subcommittee in Annex 2 hereby adopted. 

The subcommittee shall work under the authority of the Association Committee, to which it 
shall  report  after  each  of  their  meetings.  The  above-mentioned  subcommittee  shall  have  no 
decision-making power. 

The  Association  Committee  shall  take  any  action  needed  to  ensure  that  it  operates  properly 
and informs the Association Council accordingly. 

The Association Council may decide to set up further subcommittees or groups or to abolish 
existing subcommittees or groups. 

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

Done at Brussels, […] 

For the Association Council 

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ANNEX I 

EU-ISRAEL ASSOCIATION AGREEMENT 

SUBCOMMITTEE ATTACHED TO THE ASSOCIATION COMMITTEE 

(11)  Human Rights 

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ANNEX II 

Rules of procedure 

EU-Israel subcommittee No 11 

Human Rights 

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 Israel. It shall be chaired alternately 
by  the  two  parties.  Each  side  will  appoint  its  own  chairperson.  The  Member  States  will  be 
informed and invited to the subcommittee’s meetings. 

2. 

Role 

The subcommittee will be a forum for discussion, consultation and assessment, and shall work 
under the authority and guidance of the Association Committee, to which it shall report after 
each meeting. The subcommittee does not have any decision-making power but may submit 
proposals to the Association Committee. 

3. 

Subject matter 

The  subcommittee  shall  discuss  the  implementation  of  the  Association  Agreement  and  the 
related European Neighbourhood Policy Action Plan including in the areas listed below and 
shall  assess  progress  on  the  objectives  and  actions  which  have  been  identified  and  agreed 
upon in the Action Plan. Where relevant, co-operation in public administration matters shall 
be  discussed.  The  subcommittee  shall  examine  any  problems  that  may  arise  in  the  sectors 
listed below and shall suggest possible steps to be undertaken. 

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Democracy,  

Human rights, 

Fundamental freedoms, 

Combating anti-Semitism, 

Fight against racism and xenophobia, including discrimination. 

The  above  list  is  not  exhaustive  and  other  subjects  may  be  added  by  the  Association 
Committee.  Whereas  the  matters  listed  above  are  also  discussed  in  the  context  of  the 
subcommittee on political dialogue and cooperation, this subcommittee on Human Rights will 
focus on the Human Rights aspect and international humanitarian law aspect of relevant parts 
of  the  ENP  Action  Plan,  with  a  particular  emphasis  on  Israeli  and  EU  domestic/internal 
issues. Individual cases may also be raised when either party requires. 

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

4. 

Secretariat 

A  representative  of  the  European  Commission  and  a  representative  of  the  Government  of 
Israel shall act jointly as permanent secretaries of the subcommittee. 

All communications concerning the subcommittee shall be forwarded to the secretaries. The 
secretaries  will  be  responsible  for  the  preparations  of  the  subcommittee  meetings,  including 
dates and agendas. 

5. 

Meetings 

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The subcommittee shall meet whenever circumstances require, and in principle at least once a 
year.  A  meeting  may  be  convened  on  the  basis  of  a  request  from  the  chairperson  of  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  fifteen  working  days.  Where  possible,  and  with  the  agreement  of  both  parties,  a 
number of subcommittee meetings can be grouped over several days. 

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

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 the delegation of each 
party. 

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

6. 

Agenda of the meetings 

All  requests  for  items  to  be  included  in  the  subcommittee  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 his or her counterpart not later than ten days before the beginning of 
the meeting. 

The  provisional  agenda  shall  include  the  items  in  respect  of  which  the  secretaries  have 
received a request for inclusion in the agenda no later than 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 urgent matters, these time limits may be shortened 
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 and recommendations, 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  the 
proceedings shall not be made public. 

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1. 

2. 

3. 

4. 

5. 

5.0 

FINANCIAL STATEMENT 

BUDGET HEADING: 

DATE:  
APPROPRIATIONS: 

TITLE: 
Community position in the Association Council on the implementation of Articles 73 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 
LEGAL BASIS: 
Art. 73 of the EU/Israel Association Agreement 
AIMS: 
Setting up of one subcommittee 
FINANCIAL IMPLICATIONS 

12 MONTH 
PERIOD 

CURRENT 
FINANCIAL 
YEAR 
2008 
(EUR million) 
n/a 

FOLLOWING 
FINANCIAL 
YEAR 
2009 
(EUR million) 
n/a 

CHARGED TO THE EC BUDGET 

EXPENDITURE 
- 
(REFUNDS/INTERVENTIONS) 
- 
- 

NATIONAL AUTHORITIES 
OTHER 

(EUR million) 
n/a 

5.1  REVENUE 

n/a 

n/a 

n/a 

OWN RESOURCES OF THE EC  

- 
(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? 

YES  

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: 
The meetings of the subcommittee will take place in Brussels and in Jerusalem. When in Israel, the mission 
budget of the participants will cover their expenses. 

YES  
NO 
NO 

. 

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