Proposal for a Council Decision on the conclusion of a Protocol to 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, on a Framework Agreement between the European Union and the Kingdom of Morocco on the general principles for the participation of Morocco in Union programmes
Date: 2010-05-17
Institutions: European Commission
Subjects: EU programme, European Union, European neighbourhood policy, Morocco, association agreement (EU), protocol to an agreement, ratification of an agreement

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EUROPEAN COMMISSION 

Brussels, 17.5.2010 
COM(2010)233 final 

2010/0125 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of a Protocol to 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, on a Framework Agreement between the European Union 
and the Kingdom of Morocco on the general principles for the participation of Morocco 
in Union programmes 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The  gradual  opening-up  under  the  European  Neighbourhood  Policy  of  certain  Union 
programmes  and  agencies  to  the  participation  of  ENP  partner  countries  is  one  of  the  many 
measures  to  promote  reform,  modernisation  and  transition  in  the  countries  neighbouring  on 
the  European  Union.  This  policy  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,  on  18  June  2007  the  Council 
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 European Council of June 20074 reaffirmed the paramount importance of the European 
Neighbourhood Policy and endorsed  a Presidency progress report5 submitted to the General 
Affairs and External Relations Council (GAERC) meeting held on 18 and 19 June 2007 and 
the relevant Council Conclusions6. This report referred to the Council negotiating directives 
for the necessary additional protocols, identifying Israel, Morocco and Ukraine as likely to be 
the first partner countries to benefit from these measures. Negotiations with Israel concluded 
in September 2007 and a protocol was signed in April 20087. Negotiations with Ukraine have 
also been completed. 

In June 2007 it was decided to start negotiations with the Morocco. These negotiations have 
since  been  completed  to  the  satisfaction  of  the  Commission.  The  text  of  the  protocol 
negotiated with Morocco is attached. 

In  the  joint  EU-Morocco  document  on  establishing  Morocco's  advanced  status  in  its 
relationship with the EU8, Morocco expressed interest in taking part in certain programmes, in 
particular: the Competitiveness and Innovation Programme (CIP), Customs 2013, SESAR and 
Marco Polo. 

The  Commission  is  submitting  a  proposal  for  a  Council  Decision  on  the  conclusion  of  the 
protocol.  It  contains  a  Framework  Agreement  on  the  general  principles  for  Morocco's 
participation  in  Union  programmes.  It  contains  standard  clauses  for  application  to  all  ENP 
partner countries with which such protocols are to be concluded. 

In accordance with Article 218(6)(a) of the Treaty on the Functioning of the European Union, 
the European Parliament will be asked to give its consent to the conclusion of this protocol.  

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COM (2006) 724 final of 4.12.2006. 
GAERC conclusions of 5 March 2007. 
Council Decision (restricted) authorising the Commission to negotiate Protocols […], Doc. 10412/07. 
Presidency Conclusions – Brussels, 21 and 22 June 2007, Doc. 11177/07. 
Presidency Progress Report “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. 
OJ L 129, 17.5.2008, pp 40 to 43. 
Adopted by the EU-Morocco Association Council and the GAERC, 13.10.2008. 

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At  the  same  time  the  Commission  is  presenting  a  proposal  for  a  Council  Decision  on  the 
signing of the said protocol.  

The  Council  is  invited  to  adopt  the  attached  proposed  Decision  on  the  conclusion  of  the 
protocol.  

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2010/0125 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of a Protocol to 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, on a Framework Agreement between the European Union 
and the Kingdom of Morocco on the general principles for the participation of Morocco 
in Union programmes 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 217 in conjunction with Article 218(6)(a) and (8), second subparagraph, thereof,  

Having regard to the proposal from the European Commission, 

Having regard to the consent of the European Parliament, 

Whereas: 

(1) 

to 

the  Euro-Mediterranean  Agreement  between 

the  European 
The  Protocol 
Communities and its Member States, of the one part, and the Kingdom of Morocco, of 
the other part, was signed on behalf of the European Union and its Member States on 
[insert date of signature]. 

(2) 

For some of the programmes covered by the Agreement the Treaty does not provide 
for powers other than those referred to in Article 352. 

(3) 

This Protocol should be concluded, 

HAS ADOPTED THIS DECISION: 

Article1 

The Protocol to 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,  on  a 
Framework  Agreement  between  the  European  Union  and  the  Kingdom  of  Morocco  on  the 
general principles for the participation of Morocco in Union programmes is hereby approved 
on behalf of the European Union and its Member States.  

The text of the Protocol is annexed to this Decision. 

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The  President  of  the  Council  shall  give  the  notification  provided  for  in  Article  10  of  the 
Protocol. 

Article 2 

Article 3 

This  Decision  shall  enter  into  force  on  the  date  of  its  adoption.  It  shall  be  published  in  the 
Official Journal of the European Union. 

Done at Brussels,  

For the Council 
The President 

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PROTOCOL 

to 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, on a 
Framework Agreement between the European Union and the Kingdom of Morocco on 
the general principles for the participation of Morocco in Union programmes 

THE EUROPEAN UNION, hereinafter referred to as 'the Union',  

of the one part, 

and  

THE KINGDOM OF MOROCCO, hereinafter referred to as 'Morocco', 

of the other part, 

Whereas: 

(1)  Morocco  concluded  a  Euro-Mediterranean  Agreement  establishing  an  association 
between  the  European  Communities  and  their  Member  States,  of  the  one  part,  and 
Morocco,  of  the  other  part,  on  26  February  1996  (Official  Journal  of  the  European 
Communities, L 70, 18 March 2000, p. 2). 

(2) 

(3) 

(4) 

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

The  Council  has  on  numerous  later  occasions  adopted  conclusions  supporting  this 
policy. 

On 5 March 2007 the Council 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 authorised by the legal bases. 

(5)  Morocco has expressed its desire to participate in a number of Union programmes. 

(6) 

The  specific  terms  and  conditions,  including  the  financial  contribution  and  reporting 
and  evaluation  procedures,  applicable  to  Morocco's  participation  in  any  particular 
programme  should  be  determined  by  agreement  between  the  European  Commission, 
acting on behalf of the Union, and Morocco, 

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HAVE AGREED AS FOLLOWS: 

Article 1 

Morocco is hereby authorised to take part in all current and future Union programmes opened 
to its participation in accordance with the provisions adopting these programmes. 

Morocco  shall  make  a  financial  contribution  to  the  general  budget  of  the  European  Union 
corresponding to its participation in specific programmes.  

Article 2 

Article 3 

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

Article 4 

Projects and initiatives submitted by participants from Morocco shall, wherever possible, be 
subject  to  the  same  conditions,  rules  and  procedures  for  the  programmes  concerned  as  the 
Member States.  

Article 5 

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

If Morocco applies for Union external assistance to participate in a given Union programme 
on the basis of Article 3 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  under  any  similar  regulation  providing  for 
Union external assistance to Morocco that may be adopted in future, the conditions governing 
the  use  by  Morocco  of  Union  assistance  shall  be  set  out  in  a  financing  agreement  in 
accordance with, in particular, Article 20 of Regulation (EC) No 1638/2006. 

Article 6 

Each Memorandum of Understanding concluded under Article 5 shall stipulate, in accordance 
with  the  Community’s  Financial  Regulation,  that  financial  controls,  audits  or  other  checks, 
including administrative  investigations, will be carried out by, or under the authority of, the 
European Commission, the European Anti-Fraud Office and the Court of Auditors. 

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Detailed  provisions  shall  be  adopted  for  financial  controls  and  audits,  administrative 
measures,  penalties  and  recoveries  that  accord  the  European  Commission,  the  European 
Anti-Fraud Office and the Court of Auditors powers equivalent to their powers with regard to 
beneficiaries or contractors established in the Union.  

Article 7 

This Protocol concerning a Framework Agreement shall apply for the period during which 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, is in force. 

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

Either  Contracting  Party  may  denounce  this  Protocol  by  written  notification  to  the  other 
Contracting  Party.  This  Protocol  shall  cease  to  apply  six  months  after  the  date  of  such 
notification.  

Termination of the Protocol following denunciation by either of the Parties shall not affect the 
checks and controls to be carried out where necessary under the provisions of Articles 5 and 
6. 

Article 8 

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

Article 9 

This Protocol shall apply, on the one hand, to the territories in which the Treaty on European 
Union  and  the  Treaty  on  the  Functioning  of  the  European  Union  apply  and  under  the 
conditions laid down in these Treaties, and, on the other hand, to the territory of Morocco.  

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.  

Article 11 

This Protocol is drawn up in duplicate in the official languages of the Parties. 

Each of the language texts is equally authentic.  

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Article 12 

This Protocol  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 Kingdom of Morocco, of the other part. 

Done at Brussels, [date] 

For the Government of the Kingdom of Morocco 

For the European Union 

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