Proposal for a COUNCIL DECISION concerning the position of the European Union within the Association Council on the implementation of Article 98 of the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part
Date: 2010-12-20
Institutions: European Commission
Subjects: Algeria, Association Council (EU), association agreement (EU), rules of procedure

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EUROPEAN COMMISSION 

Brussels, 20.12.2010 
COM(2010) 780 final 

2010/0375 (NLE) 

Proposal for a 

COUNCIL DECISION 

concerning the position of the European Union within the Association Council on the 
implementation of Article 98 of the Euro-Mediterranean Agreement establishing an 
Association between the European Community and its Member States, of the one part, 
and the People’s Democratic Republic of Algeria, of the other part 

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1. 

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4. 

5. 

6. 

7. 

EXPLANATORY MEMORANDUM 

The Association Agreements form the legal basis for the European Union's relations 
with southern Mediterranean countries. 

The  increasing  technical  complexity  of  the  Union's  relations  with  the  southern 
Mediterranean countries as a result of the implementation of the Euro-Mediterranean 
Agreements  requires  the  working  of  the  institutions  of  these  Agreements  to  be 
adapted  accordingly.  As  a  result,  subcommittees  have  been  set  up  within  the 
Association  Committees  of  the  Euro-Mediterranean  Agreements  for  the  purpose  of 
monitoring  the  implementation  of  partnership  priorities  and  the  approximation  of 
legislation.  

The  EU-Algeria  Association  Agreement  entered  into  force  on  1 September 2005. 
Six subcommittees  have  already  been  set  up  within  the  Association  Committee: 
'Industry,  trade  and  services',  'Transport,  environment  and  energy',  'Information 
society,  research,  innovation,  education,  the  audiovisual  sector  and  culture', 
'Agriculture  and  fisheries',  'Justice  and  home  affairs'  and  'Customs  cooperation'.  A 
working party on social affairs has also been set up. 

Political  dialogue,  security  and  human  rights  form  an  integral  and  essential  part  of 
the framework governing relations between the European Union and Algeria through 
the Association Agreements. They are also important elements of the EU's relations 
with  its  Mediterranean  partners  in  the  regional  context  of  the  Euro-Mediterranean 
partnership. 

To  this  end  and  as  provided  for  in  the  EU-Algeria  Association  Council  Decision 
No 3/2007  setting  up  subcommittees  of  the  Association  Committee  and  a  working 
party  on  social  affairs,  the  Commission  proposed  the  formal  creation  of  a  new 
subcommittee  'Political  dialogue,  security  and  human  rights'  in  addition  to  the 
subcommittees or committees already in place.  

Organisationally, the subcommittee will be chaired for the EU by a representative of 
the  European  External  Action  Service,  in  full  association  with  the  European 
Commission. 

The  objective,  the  subjects  covered  by  the  subcommittee  and  the  implementing 
arrangements are contained in the rules of procedure at annex. The tasks and rules of 
procedure of the subcommittee have been discussed with the Algerian authorities. 

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2010/0375 (NLE) 

Proposal for a 

COUNCIL DECISION 

concerning the position of the European Union within the Association Council on the 
implementation of Article 98 of the Euro-Mediterranean Agreement establishing an 
Association between the European Community and its Member States, of the one part, 
and the People’s Democratic Republic of Algeria, of the other part 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to Article 218(9) of the Treaty on the Functioning of the EU, 

Having regard to the proposal from the Commission1, 

Whereas: 

(1) 

The  Euro-Mediterranean  Agreement  between  the  European  Community  and  its 
Member States, of the one part, and the People’s Democratic Republic of Algeria, of 
the  other  part,  was  concluded  on  22 April 2002  and  entered  into  force  on 
1 September 2005. 

(2) 

Article 98 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 ADOPTED THIS DECISION: 

Article 1 

The position to be adopted by the European Union in the Association Council established by 
the  Euro-Mediterranean  Agreement  concluded  between  the  European  Community  and  its 
Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other 
part,  on  the  implementation  of  Article 98  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  Union  and  its 
Member  States  and  representatives  of  the  Government  of  People's  Democratic  Republic  of 
Algeria.  It  shall  be  chaired  alternately  by  the  two  Parties.  A  representative  of  the  European 
External Action Service shall chair the Subcommittee on behalf of the European Union. The 

1 

OJ C […], […], p. […]. 

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European Commission shall take part within its remit. The Member States shall be informed 
of the Subcommittee’s meetings and invited to attend. 

Done at Brussels, 

For the Council 
The President 
[…] 

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ANNEX 

DECISION OF THE EU-ALGERIA ASSOCIATION COUNCIL 

setting up the Subcommittee 'Political dialogue, security and human rights' 

The EU-Algeria Association Council, 

Having  regard  to  the  Euro-Mediterranean  Agreement  establishing  an  Association  between  the 
European  Union  (EU)  and  its  Member  States,  of  the  one  part,  and  the  People's  Democratic 
Republic of Algeria, of the other part (hereinafter the 'Association Agreement'), 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

Relations and cooperation with the southern Mediterranean countries can be developed 
in  a  way  that  takes  account  of  the  EU’s  competencies  and  the  specificities  and 
requirements of each Mediterranean country. 

The  EU's  increasingly  dynamic  relationship  with  Algeria  as  a  result  of  the 
implementation of the Association Agreement requires regular monitoring. 

The  Association  Council  has  already  decided2  to  create  subcommittees  of  the 
EU-Algeria  Association  Committee  to  provide  an  appropriate  institutional  framework 
for implementing and enhancing cooperation. 

Respect  for  democratic  principles,  human  rights  and  fundamental  freedoms  underpins 
the domestic and international policies of the Parties and constitutes an essential element 
of the Association Agreement. 

Political  dialogue  and  preserving  security  constitute  essential  elements  of  the 
Association  Agreements  and  are  discussed  within  the  different  bodies  provided  for 
therein. 

As  part  of  the  political  dialogue,  Algeria  and  the  EU  have  set  themselves  ambitious 
objectives, based on shared common values,  including democracy, the rule of law, the 
protection  and  promotion  of  all  human,  civil,  political,  economic,  social  and  cultural 
rights, including the right to development, and security issues such as the fight against 
terrorism and all types of organised crime. 

(7) 

Article 98  of  the  Association  Agreement  provides  for  the  setting-up  of  the  working 
groups or bodies necessary for the implementation of the Agreement, 

HAS DECIDED AS FOLLOWS: 

2 

Council Decision No 3/2007 of the EU-Algeria Association Council, OJ L 330, 15.12.2007, p.31. 

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Article 1 

1. 
The Subcommittee 'Political dialogue, security and human rights' is hereby set up within 
the  Algeria-EU  Association  Committee  (hereinafter  'Association  Committee').  Its  rules  of 
procedure are annexed. 

The Subcommittee shall work under the authority of the Association Committee, to which it shall 
report after each meeting. 

Issues  within  the  remit  of  the  Subcommittee  may  also  be  raised  at  a  higher  level  in  the 

2. 
political dialogue between Algeria and the EU. 

Within its remit, the Association Committee shall propose to the Association Council any 

3. 
other action needed to ensure that the Subcommittee operates properly. 

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

Article 2 

Done at […], [...] 

For the EU-Algeria Association Council 

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ANNEX 

Rules of procedure of Subcommittee No 7 'Political dialogue, security and human rights' 

1. 

Composition and chair  

The  Subcommittee 
the 
'Subcommittee')  shall  be  composed  of  representatives  of  the  Parties  to  the  Association 
Agreement. It shall be chaired alternately by the two Parties at senior official level. 

'Political  dialogue,  security  and  human  rights'  (hereinafter 

2. 

Role  

The Subcommittee shall work under the authority of the EU-Algeria Association Committee 
(hereinafter  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. 

Subject matter  

The  Subcommittee  shall  discuss  the  implementation  of  the  EU-Algeria  Association 
Agreement  in  the  sectors  listed  below.  For  human  rights,  democratisation  and  governance 
issues,  and  security  issues  connected  with  cooperation  in  the  fight  against  terrorism  and 
organised  crime,  the  Subcommittee  shall  serve  as  the  principal  technical  mechanism  for 
monitoring.  In  particular,  it  shall  assess  progress  on  the  approximation,  implementation  and 
application of legislation and examine cooperation in public administration and its operational 
aspects.  The  Subcommittee  shall  also  assess  progress  and  examine  any  problems  that  may 
arise in the sectors listed below and propose steps that might be taken. 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

the rule of law, good governance and democracy, and in particular the independence 
of  the  courts,  access  to  justice  and  support  for  judicial  reform,  exchanges  of 
experience and training, 

the  continuing  ratification  and  implementation  of  international  conventions  on 
human rights and fundamental freedoms, including consideration of the possibility of 
accession  to  optional  protocols  to  those  conventions  and  discussion  of  any 
reservations  in  regard  to  these  agreements.  Cooperation  with  international  human 
rights procedures and mechanisms,  

combating the death penalty and torture and all forms of discrimination, 

rights of the child and women's rights, 

freedom  of  expression  and  the  role  of  civil  society  and  protection  of  human  rights 
defenders, 

cooperation  in  the  field  of  international  justice,  promotion  of  democratisation 
processes and good governance, 

cooperation in multilateral organisation on human rights,  

combating terrorism and organised crime, 

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(i) 

(j) 

(k) 

consultation  on  issues  of  foreign  policy  and  security,  such  as  conflict  prevention, 
disarmament and non-proliferation of weapons of mass destruction, 

consultation on regional and international security issues of common interest, 

strengthening  the  administrative  and  operational  capabilities  of  the  national 
institutions concerned. 

This is not an exhaustive list and other subjects may be added by the Association Committee, 
subject to the agreement of both Parties. 

The Subcommittee may discuss matters relating to one, several or all of the above areas. 

4. 

Secretariat  

An official from the European External Action Service and an official from the Government 
of  the  People's  Democratic  Republic  of  Algeria shall  act jointly as permanent secretaries of 
the Subcommittee and shall be in charge of preparing its meetings. 

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

5. 

Meetings  

The  Subcommittee  shall  meet  whenever  circumstances  require  and  at  least  once  a  year, 
alternately in Algeria and the EU. A meeting may be convened at the request of either Party, 
channelled  through  its  permanent  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. 

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

Meetings of the Subcommittee shall be held at a time and place agreed by both Parties. 

The meetings shall be convened for each Party by its permanent secretary 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 for meetings  

All  requests  for  items  to  be  included  in  the  Subcommittee's  agenda  shall  be  sent  to  the 
Subcommittee permanent secretaries. The provisional agenda for each meeting shall be drawn 
up by the chair, in agreement with the other Party, at least 10 days before the beginning of the 
meeting. 

The  provisional  agenda  shall  include  items  for  which  the  secretaries  have  received  requests 
for  entry  on  the  agenda  at  least  15  days  before  the  beginning  of  the  meeting.  Supporting 
documentation must be received by both Parties  at least seven days before the beginning of 
the meeting. 

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The agenda shall be adopted by the Subcommittee at the beginning of each meeting. 

7. 

Minutes 

Minutes shall be taken and agreed by both permanent secretaries after each meeting. A copy 
of  the  minutes,  including  any  proposals  and  suggestions  by  the  Subcommittee,  shall  be 
forwarded  by  the  permanent  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 
conclusions of its proceedings shall not be made public. 

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LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS HAVING A 
BUDGETARY IMPACT EXCLUSIVELY LIMITED TO REVENUE 

1. 

TITLE OF THE PROPOSAL: 

Setting up the Subcommittee 'Political dialogue, security and human rights' under 
the EU-Algeria Association Agreement. 

2. 

BUDGET LINES: 

Chapter and Article: Not applicable. 

Amount budgeted for the year concerned: Not applicable. 

3. 

FINANCIAL IMPACT 

X  

(cid:133) 

Proposal has no financial implications 

Proposal has no financial impact on expenditure but has a financial impact on 
revenue – the effect is as follows: 

(€ million to one decimal place) 

Budget line 

Revenue3 

12-month period, 
starting 
dd/mm/yyyy 

[Year n] 

Article …  

Impact on own resources 

Article … 

Impact on own resources 

Situation following action 

[n+1] 

[n+2] 

[n+3] 

[n+4] 

[n+5] 

Article … 

3 

Regarding  traditional  own  resources  (agricultural  duties,  sugar  levies,  customs  duties)  the  amounts 
indicated must be net amounts, i.e. gross amounts after deduction of 25 % of collection costs 

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Article … 

4. 

ANTI-FRAUD MEASURES 

… 

5. 

OTHER REMARKS 

… 

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