19 EU-Tunisia Action Plan
| Committee's assessment
| Legally and politically important |
| Committee's decision | Cleared from scrutiny
|
| Document details | Draft Council Decision on the Union position within the Association Council set up by the Euro-Mediterranean Agreement with Tunisia, on the implementation of the EU-Tunisia Action Plan implementing the privileged partnership (2013-2017)
|
| Legal base | Articles 217 and 218(9) TFEU; QMV
|
| Department
Document number
| Foreign and Commonwealth Office
(36675),—
|
Summary and Committee's conclusions
19.1 The European Neighbourhood Policy (ENP) aims
to promote security, stability and prosperity among the EU's neighbours
through implementation of political and economic reforms. It comprises
a series of agreements with partnership states and benefits from
a budget, for the period 2014 to 2020, of €15.4 billion which
is mostly dispersed through a number of specific programmes. The
Euro-Mediterranean Partnership component of the ENP (formerly
known as the Barcelona Process) comprises Algeria, Egypt, Israel,
Jordan, Lebanon, Libya, Morocco, the occupied Palestinian territory,
Syria and Tunisia. With the majority of these states there is
in place, or under negotiation, an Association Agreement. Each
Association Agreement is "mixed" i.e. entered into by
both the EU and the Member States individually. This reflects
the fact that the EU does not have, or is not exercising, competence
for the entire subject matter of the agreements. In response to
the challenges facing its neighbourhood, the EU formulated a new
approach with the aim of offering solutions better suited to the
rapid development of its partner countries and their need for
reforms to establish and consolidate healthy democracies, support
sustainable and inclusive economic growth and manage cross border
links and flows.[99]
19.2 Central to the Partnerships are Action Plans
adopted under the Association Agreements through which the partner
states demonstrate their commitment to democracy, human rights,
rule of law, good governance, market economy principles and sustainable
development. They provide an agenda for political and economic
reforms with short and medium term priorities of three to five
years.
19.3 The EU-Tunisia Association Agreement came into
force in March 1998. This draft Action Plan, the second under
this Agreement, is intended to follow on from the previous one,
which expired in 2010 but has remained in place pending a replacement.
The content of the new draft was agreed by both sides at the EU-Tunisia
Association Council meeting on 14 April 2014 and seeks to implement
an EU-Tunisia 'privileged partnership'.
19.4 The Action Plan provides a framework for further
strengthening EU-Tunisia relations and sets clear priority objectives
with the aim of achieving a significant measure of economic integration
and a deepening of political cooperation, in accordance with the
overall objectives of the Euro-Mediterranean Agreement.
19.5 Earlier Action Plans have been dogged by uncertainty
and disagreement as to the legal method by which they should be
adopted by the EU. That for Jordan was adopted by Council Conclusions
and in the more recent cases of the Lebanon and Morocco even more
informally by simply including agreement on the agendas of COREPER
and Council meetings on the section concerning non-legislative
activities as points for adoption without discussion.[100]
In the case of the Lebanon Action Plan, we are aware of declarations,
first by the Council justifying acting in this way on the grounds
of urgency and accepting that this means of adoption does not
determine how future similar Action Plans will be adopted; and
second by the Commission expressing the view that the Union position
should have been adopted by a Council decision, and in compliance
with the relevant voting requirements in the Treaties.
19.6 We have been concerned not only because of the
uncertainty inherent in the informal approach taken previously
in respect of these important documents, but also because it undermines
our scrutiny.
19.7 In our Report on Reforming the European Scrutiny
System in the House of Commons[101]
we drew attention to these Action Plans, and suggested that our
Standing Order be revised to ensure that these Action Plans (amongst
other documents) should be deposited for scrutiny as a requirement.
The Government's response to our Report and subsequent correspondence
with the Minister failed to elicit any assurance that Action Plans
such as these will always be deposited.
19.8 The Government have now deposited a formal Decision
to enable the EU to adopt the Tunisia Action Plan, and in doing
so accept, in the light of recent Court of Justice, jurisprudence,
that this is the appropriate legal method of proceeding.
19.9 The Minister for Europe (Mr David Lidington)
notes that Tunisia is the only post-2010 revolution country to
have completed its political transition, thereby setting an example
of what can be achieved through inclusive dialogue and consensus,
but also that the stability and long-term sustainability of its
new democracy is by no means guaranteed, with the greatest threat
coming from its fragile economy, and the fact that many of the
drivers of the revolution (e.g., high unemployment, regional disparities)
remain unchanged. The Tunisian government will, he says, continue
to need substantial support from international partners to help
them tackle these economic and stability challenges. Supporting
stability in Tunisia is in the UK interest (425,000 British visitors
annually, substantial and growing UK commercial interests, preventing
the growing extremist threat in North Africa from projecting onto
the UK mainland), and the UK has supported economic reform in
Tunisia since 2011; it is now trying to press the EU "to
do more and faster in Tunisia". The Action Plan is a road
map that would help Tunisia address many of its economic issues.
19.10 We welcome the removal of the uncertainty
surrounding the adoption of Action Plans for European Neighbourhood
countries, and understand the reasons why the Government approach
has changed. The outcome is consistent with our assertion that
these Action Plans should be deposited for Parliamentary scrutiny.
We deprecate the Government's continued reluctance to deposit
other types of Action Plans in the face of the recommendation
of our Report on Reforming the European Scrutiny System in
the House of Commons that they should be depositable. Our
recommended update of the Standing Order for the Committee would
clarify the position.
19.11 The Minister makes clear the political importance
of this Action Plan. As such, it is entirely in line with the
thinking now underway in the EU's policy towards those Balkan
countries "with a European perspective", which —
important as institutional development may be — is increasingly
focused on the need to secure local "buy-in" by delivering
jobs. This work is arguably even more important in north Africa
because of the example it sets to neighbours who are struggling
even to make post-revolutionary progress at the institutional
level, and because of the clear dangers to UK interests if the
process founders.
19.12 We therefore look forward to scrutinising
the progress reports that are envisaged as part of the Action
Plan.
19.13 In the meantime, we now clear the document
from scrutiny
Full details of the documents:
Joint Proposal for a Council Decision on the Union position within
the Association Council set up by the Euro-Mediterranean Agreement
establishing an association between the European Communities and
their Member States, of the one part, and the Republic of Tunisia,
of the other part, with regard to the adoption of a recommendation
on the implementation of the EU-Tunisia Action Plan implementing
the privileged partnership (2013-2017): (36675),—.
Background
19.14 The key elements of the privileged partnership
between the EU and Tunisia are described in the introduction to
the Action Plan as follows:
"(a) Deeper political cooperation.
The parties hope to give a fresh impetus to political dialogue
and cooperation. In particular, it will involve greater high-level
political dialogue, parliamentary cooperation, cooperation on
security issues, cooperation on democracy and the rule of law,
including gender equality, human rights and fundamental freedoms,
and greater cooperation with the Council of Europe and other international
organisations. It also includes enhanced cooperation on security,
justice, border management and the fight against organised crime.
"(b) Greater social and economic integration
with the European Union in order to build a Common Economic Area.
The privileged partnership is also designed to achieve a deeper
economic, social and human integration of the partners. It reflects
the challenges faced by Tunisia in the transition to democracy,
including economic recovery and the imperatives of solidarity
and sustainable development. With an eye to the development of
trade and economic links, it is planned to conclude a deep and
comprehensive free trade agreement (DCFTA) between Tunisia and
the European Union that will contribute to Tunisia's gradual integration
into the EU's internal market EU and the eventual establishment
of a Common Economic Area.
"Tunisia wants to work towards greater regulatory
harmonisation through a gradual approximation of legislation.
In accordance with this Action Plan, Tunisia and the EU will jointly
determine which sectors will have priority for approximation.
Having identified the discrepancies between Tunisian legislation
and the acquis communautaire, Tunisia will set out the approximation
objectives in relation to the acquis communautaire in a national
harmonisation programme, while the EU will provide accompanying
measures to support the achievement of these objectives.
"This integration will be underpinned by
an enhanced dialogue on the socio-economic reforms that will embrace
economic performance, the promotion of small and medium enterprises
(SMEs), the development of an integrated employment strategy and
social inclusion, together with extensive sectoral cooperation
covering key areas such as energy, transport, industry, agriculture,
the environment and climate change.
"(c) A closer partnership between peoples.
A privileged partnership is unimaginable without the strengthening
of ties between peoples through closer links and direct cooperation
between individuals and organisations. In this context cooperation
and exchanges in the areas of education, vocational training,
employment, research and innovation, health, culture and youth
play a key role. The dialogue will also cover migration, mobility
and security with the aim of concluding a mobility partnership
establishing a framework for balanced and responsible cooperation
on the movement of people, management of legal migration, the
links between migration and development, protection of migrants'
rights and efforts to stop illegal migration, immigration-related
organised crime and readmission.
"Similarly, the strengthening of relations
between the EU and Tunisia involves a broad mobilisation of all
non-state actors and members of civil society, who have an important
role to play in making democratisation a success. Consultation
mechanisms will be established in order to ensure that civil society
fully assumes its role as interlocutor in the dialogue with the
authorities and the European institutions, in particular in terms
of finalising and implementing this Action Plan."
19.15 This introduction also outlines the principles
and tools to enable these objectives to be achieved:
"Specific, clear targeted commitments
over a period of 5 years. Deeper relations imply that the
partners enter into major commitments in a few priority sectors
in order to meet the challenges of the democratic transition:
economic recovery, promotion of SMEs and sustainable and inclusive
development, employment, improved living conditions and less inequality;
the consolidation of the rule of law, good governance and democratic
pluralism, independence of the judiciary, respect for human rights
and fundamental freedoms, gender equality, reform of the security
sector, independence of the media and support for civil society.
The privileged partnership should also help bring our societies
together in the broadest sense, through an expanded intercultural
dialogue.
"Participation in EU agencies and programmes.
Another tool contributing to the goal of greater integration
between Tunisia and the EU is Tunisia's participation in a number
of EU agencies and programmes with a legal basis providing for
the participation of non-member countries. The Action Plan sets
out the practical steps to take here.
"More ambitious technical and financial
support, tailored to Tunisia's priorities and in line with
the new guidelines of the European Neighbourhood Policy, that
will support the implementation of the objectives of the Association
Agreement in the framework of the EU's post-2014 financial perspectives.
The privileged partnership raises the expectation that the EU
will provide an appropriate level of financial assistance to Tunisia
matching the scale of the reforms, its specific needs, its capacity
and progress in implementing reforms.
"The EU has already confirmed its decision
to increase significantly its support for Tunisia, pledging at
least €400 million for the period 2011-2013 (compared with
the €240 million which had been set aside before the revolution).
The funds set aside will be used primarily to accompany the reforms
necessary to establish a democratic state (support for the organisation
of elections, reform of the security sector, the judiciary and
the media, and assistance with the process of transitional justice
and the upholding of human rights and fundamental freedoms) and
to pursue economic recovery and strengthen social cohesion (economic
reforms, promotion of employment and regional development, and
efforts to reduce social exclusion, inequality and poverty, institutional
capacity-building, etc.).
"In addition, some Member States, the European
Investment Bank (EIB) and the European Bank for Reconstruction
and Development (EBRD) will provide substantial support, in particular
for investment, infrastructure, private-sector support and employment,
inter alia via their G8 commitments (Deauville Partnership). The
programming of this support in line with the relevant procedures
will take into account commitments made under the Action Plan
and any other relevant instrument, including the findings of the
EU Tunisia Task Force of 28 and 29 September 2011.
"Flexibility and interim evaluation.
The five-year Action Plan may be reviewed by the Association Council
in the light of progress in implementation or of any new requirements
arising from circumstances in Tunisia or the European Union. The
bodies set up under the Association Agreement will make appropriate
proposals.
"Monitoring implementation of the Action
Plan. The introduction of reforms in several key sectors will
require the setting of clear targets and the availability of adequate
resources. To ensure the best possible implementation and link
the objectives and progress made in achieving these objectives
with the aid provided, there will be regular monitoring by the
Association Committee and the subcommittees established under
the Association Agreement and through each party's progress reports."
The Government's View
19.16 In his Explanatory Memorandum of 23 February
2015 the Minister for Europe sets out the policy implications
of the Action Plan as follows:
"In 2014, following successful parliamentary
and presidential elections, Tunisia became the only post-2010
revolution country to complete its political transition. It has
set an example of what can be achieved through inclusive dialogue
and consensus. But Tunisia's long term stability, and the sustainability
of its new democracy, is by no means guaranteed. The greatest
threat comes from its fragile economy, and the fact that many
of the drivers of the revolution (e.g. high unemployment, regional
disparities) remain unchanged. The new Tunisian government will
have to take early steps to address these economic problems, or
risk social unrest that could undermine the progress made on the
political track. Supporting stability in Tunisia is in the UK
interest: in the short term, to ensure the safety of the 425,000
British visitors to the country annually, and the substantial
and growing UK commercial interests, and in the longer term to
prevent the growing extremist threat in North Africa from projecting
onto the UK mainland.
"The Tunisian government will continue to
need substantial support from international partners to help them
tackle these economic and stability challenges. Since 2011 the
UK has supported economic reform in Tunisia - for example through
our contribution to the Deauville Partnership Transition Fund
- and are currently engaged in trying to press the EU to do more
and faster in Tunisia. This Action Plan sets out a road map for
further EU-Tunisia cooperation and would help Tunisia address
many of its economic issues. It is therefore in line with our
bilateral objectives.
"The Action Plan sets clear targets for
implementation. There will be regular monitoring by the Association
Council, and thorough progress reports."
The Minister's letter of 23 February 2015
19.17 In a separate letter the Minister provides
a fuller explanation of the reasons for accepting a formal Council
Decision than in his Explanatory Memorandum, and addresses the
implications for scrutiny:
"As the Committee will recall, the reason
the Council agreed previous Action Plans by way of Council Conclusions
or I/A note was because the Action Plans concerned made political
recommendations only and had no legal effects. As a result, establishing
the Union's position in the relevant Association Council did not
require a Council decision pursuant to article 218(9) TFEU, as
the Action Plan was not an act 'having legal effects'. However,
the European Parliament and the Council recently adopted the European
Neighbourhood Instrument Regulation (ENIR) (Regulation 232/2014).
The ENIR specifically references Action Plans in its article 3(2)
as a key element in the application of the Regulation. In application
of a recent Court of Justice judgment interpreting 'legal effects'
for the purposes of article 218(9) TFEU (Case C-399/12 Germany
v Council) the Government considers that the Tunisia Action
Plan will have legal effects for the purposes of article 218(9)
vis-a-vis the ENIR (even though the recommendations within it
remain political recommendations) and that as a result a Council
Decision under Article 218(9) is the appropriate method for establishing
the Union's position in the EU-Tunisia Association Council which
will be called upon to adopt the Action Plan. This Action Plan
with Tunisia is the first such Action Plan to be agreed since
the ENIR came in to force.
"Agreeing the Action Plan by Council Decision
means, of course, that the Council Decision needs to be deposited
with Parliament for scrutiny. I expect that will apply to future
Action Plans with European Neighbourhood countries where such
Action Plans have legal effects, since I expect them also to be
agreed by Council Decision. However, I would reiterate the Government's
position that we cannot make a blanket statement on the scrutiny
of other types of Action Plan (for example, with countries not
covered by the ENIR) since the term is not defined in the Treaties
and can therefore cover a range of documents that may or may not
be legally or politically important. Similarly, the mode of adoption
may vary depending on the legal implications (or lack thereof)
of the document."
Previous Committee Reports
None, but see (32815), 10794/11: Thirty-third Report
HC 428-xxix (2010-12), chapter 2 (8 June 2011; (33546), 18602/11:
Thirty-sixth Report HC 83-xxxiii (2013-14), chapter 13 (12 February
2014), Twenty-ninth Report HC 83-xxvi (2013-14), chapter 4 (8
January 2014), Fourth Report HC 83-iv (2013-14), chapter 5 (5
June 2013), Thirty-fourth Report HC 86-xxxiv (2012-13), chapter
2 (6 March 2013), Fifth Report HC 86-v (2012-13), chapter 6 (20
June 2012), Fifty-third Report HC 428-xlviii (2010-12), chapter
15 (25 January 2012).
99 Communication on A new response to a changing
Neighbourhood, see Thirty-third Report HC 428-xxix (2010-12),
chapter 2 (8 June 2011). Back
100
The "I/A note" process. Back
101
Twenty-fourth Report (2013-14) HC 109-l (20 November 2013), paras
119-130. Back
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