11 EU-Algeria Relations
| Committee's assessment
| Legally important |
| Committee's decision | Cleared from scrutiny
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| Document details | EU-Algeria Framework Agreement
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| Legal base | (a) Article 212 in conjunction with Article 218(6)(a) and (7) TFEU; QMV; (b) Article 212 in conjunction with Article 218(5) and (7) TFEU; QMV
|
| Department | Foreign and Commonwealth Office
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| Document numbers | (a) (36191), 11492/14 + ADD 1, COM(14) 385
(b) (36192), 11520/14 + ADD 1, COM(14) 384
|
Summary and Committee's conclusions
11.1 These draft Decisions would enable the EU to
sign, provisionally apply and conclude (ratify) a Protocol to
the Euro-Mediterranean Agreement with Algeria in order to establish
a framework for Algeria to participate in EU programmes. It sets
out the principle that Algeria will contribute to the programmes
it participates in and enables Algerian representatives to act
as observers on the management committees for such programmes.
Detailed terms and conditions in relation to each specific programme
will be set out in separate memoranda of understanding for each
individual programme.
11.2 The drafts mirror similar arrangements with
European Neighbourhood Policy partners and do not raise special
policy considerations. There is, however, a legal basis issue.
The Commission have proposed using the general legal basis for
economic, financial and technical cooperation with third countries
— Article 212 TFEU. The Government consider that the drafts
should cite the legal bases relevant to the particular programmes
in which Algeria would participate. These would include at least
one which would engage the UK opt-in for matters falling within
Title V of Part Three TFEU (concerning the area of freedom, security
and justice) in accordance with Protocol 21 to the Treaties. But
even if no Title V legal basis is secured the Government assert
that the UK opt in is engaged. This Committee has previously taken
the consistent view that the UK is not engaged in the absence
of a Title V legal basis.
11.3 When we previously considered this matter we
asked whether the Government proposed to opt-in and further analysis
in the legal position in the event of the UK not opting in.
11.4 The Minister has now indicated that the UK
opted in to these proposals, on the grounds that it already participates
in those programmes which contain Title V obligations, namely
Fiscalis 2020 and Customs 2020.
11.5 We do not agree that the UK opt-in is engaged
by these proposals in the absence of a Title V legal basis. However,
given that the UK is participating in these matters either automatically
(the view of the Committee) or by virtue of the fact that the
UK has opted in (the view of the Government) the disagreement,
in this particular case, between ourselves and the Government
is of little practical significance and unlikely to give rise
to litigation.
11.6 We therefore clear the documents.
Full details of the documents: (a)
Council Decision on the signing and provisional application, on
behalf of the Union, of a Protocol to the Euro-Mediterranean Agreement
establishing an Association between the European Community and
its Member States, of the one part, and the Republic of Algeria,
of the other part, on a Framework Agreement between the European
Union and the Republic of Algeria on the general principles for
the participation of the Republic of Algeria in Union programmes:
(36191), 11492/14 + ADD 1, COM(14) 385; (b) Proposal for a Council
Decision on the conclusion of the Protocol to the Euro-Mediterranean
Agreement establishing an association between the European Communities
and their Member States, of the one part, and the Republic of
Algeria, of the other part, on a Framework Agreement between the
European Union and the Republic of Algeria on the general principles
for the participation of the Republic of Algeria in Union programmes:
(36192), 11520/14 + ADD 1, COM(14) 384.
Background
11.7 The background and details of the Government
view are given in our previous Report.
Previous Committee Reports
Ninth Report HC 219-ix (2014-15) chapter 13 (3 September
2014).
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