11 The EU and Syria
| (26261)
16336/04
+ ADDs 1 and 2
COM(04) 808
| Council Decisions on the signature, provisional application of certain provisions and the conclusion of a Euro-Mediterranean Association Agreement between the European Community and its Member States, and the Syrian Arab Republic
|
| Legal base | Article 310 EC
|
| Document originated | 17 December 2004
|
| Deposited in Parliament | 13 January 2005
|
| Department | Foreign and Commonwealth Office
|
| Basis of consideration | EM of 18 January 2005
|
| Previous Committee Report | None
|
| To be discussed in Council | 31 January 2005 GAERC
|
| Committee's assessment | Politically important
|
| Committee's decision | Cleared, but further information requested
|
Background
11.1 Syria's relations with the European Community are presently
covered by the Co-operation Agreement, which was signed on 18
July 1977 and entered into force on 1 January 1978. The Commission's
negotiating directive having been adopted by the Council on 18
December 1997, the Commission formally launched the negotiations
for an Association Agreement on 14 May 1998. Negotiations on tariff
dismantlement were concluded in December 2003. After further negotiations
on other elements, the text was initialled by the Commission and
the Government of Syria on 19 October 2004.
The new Association Agreement
11.2 The background, nature and purpose of the proposed new Agreement
are described by the Minister for Europe (Mr Denis MacShane) in
his Explanatory Memorandum of 19 January 2005:
"The proposed EU-Syria Association Agreement will establish
a new, closer relationship within the context of the Euro-Mediterranean
partnership launched by the 1995 Barcelona Declaration. It aims
to contribute to peace and security in the region and to stimulate
trade and economic relations between Syria and the EU, and Syria
and its Mediterranean partners. The EU-Syria Association Agreement
is the last Agreement to be signed with current EuroMed Partners
under the EU's Mediterranean policy, formally launched at the
Barcelona European Council in November 1995. Its implementation,
with that of other Association Agreements, will allow for the
creation of a Euro-Mediterranean Free Trade Area.
"The EU-Syria Association Agreement will have
an unlimited duration and will open the way to deeper relations
in a number of fields, based on reciprocity and partnership. Respect
for the principles of democracy and human rights will constitute
an essential element of the Agreement. In line with the Council
Decision of 17 November 2003 on the fight against the proliferation
of weapons of mass destruction, the Agreement also contains as
an essential element a commitment to fulfilling existing obligations
under disarmament and non-proliferation instruments.
"The EU-Syria Association Agreement is similar
in pattern to other Euro-Mediterranean Association Agreements,
but contains more far-reaching and substantial provisions in a
number of areas: non-proliferation, counter-terrorism, comprehensive
tariff dismantlement on agricultural products, technical barriers
to trade, sanitary and phytosanitary measures, trade facilitation,
right of establishment and services, government procurement, intellectual
property rights and trade dispute settlement mechanisms. The provisional
application of trade and trade related provisions is also foreseen.
"The EU-Syria Association Agreement focusses
on the following main elements:
(a) a regular political dialogue, including co-operation
on non-proliferation;
(b) economic, social and cultural dialogue and
co-operation;
(c) the progressive establishment over 12 years
of a Free Trade Area, in accordance with WTO rules, including
liberalisation of trade in industrial products, and further liberalisation
of trade in agricultural products;
(d) provision for the extension of the Agreement
to cover establishment of companies and trade in services, taking
account of obligations arising out of the General Agreement of
Trade in Services (GATS);
(e) provisions on the movement of persons;
(f) commitments and co-operation in the areas
of migration (including re-admission), rule of law, combating
drugs and organised crime, money-laundering, and counter-terrorism;
(g) institutional provisions for the management
of the Agreement, which will include the establishment of an Association
Council to meet at ministerial level to supervise the implementation
of the Agreement, and of an Association Committee; and
(h) appropriate measures by either Party, including,
implicitly, suspension of the Agreement if it considers the other
Party has failed to fulfil its obligations under the Agreement.
"The Council Decisions constitute the legal
instrument for the signature, provisional application and conclusion
of the EU-Syria Association Agreement."
The Government's view
11.3 The Minister says:
"The main objectives of the Agreement are to
provide an appropriate framework for political dialogue, and to
strengthen co-operation between the Community and Syria. In these
cases, action by the Community is necessary if the Agreement is
to have the desired effect. The Government believes that the
action proposed by the Commission is not excessive.
"The Agreement recognises the European Union's
desire to deepen its partnership with Syria. It is aimed at supporting
economic and political reform in Syria, preparing Syria for integration
into the world economy and promoting regional integration. Through
a regular political dialogue, it will also enable the EU to engage
into discussions with Syria on all topics of mutual concern, in
particular human rights and democratic principles, terrorism and
non-proliferation. HMG supports these objectives. The Agreement
does not impose any new burdens on business.
"It is expected that the Council Decisions will
be adopted at the 31 January 2005 General Affairs and External
Relations Council."
Conclusion
11.4 The European Security Strategy adopted by
the European Council in December 2003 noted that, in place of
large-scale aggression against any Member State, terrorism, proliferation
of weapons of mass destruction, regional conflicts, state failure
and organised crime constituted "new threats which are more
diverse, less visible and less predictable". That being
so, it is plainly sensible to make co-operation against such threats
one of the cornerstones of Association and other similar agreements.
We also note, as the Minister says, that "respect for the
principles of democracy and human rights will constitute an essential
element", which is consistent with the policy of co-operation
accompanied by, but not in the absence of, progress in these areas
that underlies similar partnerships (e.g. the Cotonou Agreement
between the EU and the African, Caribbean and Pacific partners).
Given the current and prospective security situation in the Middle
East, in which Syria has a central position, it will be particularly
important to ensure that real meaning is given to the words "reciprocity
and partnership", which the Minister rightly identifies as
the basis of the Agreement. So, in clearing the documents, we
ask the Minister to write to us in a year's time with his views
on the extent to which commitments have been fulfilled, especially
with regard to commitments and co-operation in the areas of migration,
rule of law, combating drugs and organised crime, money-laundering,
counter--terrorism and democracy and human rights.
11.5 Secondly, the documents amount to a quantity
of paper nearly three inches thick. We have commented on a number
of previous occasions about the need for the Commission to think
seriously about the amount of paper that is really necessary for
the efficient and effective conduct of business.
| 
