Explanatory Memorandum to JOIN(2018)35 - EU position within the Association Council EU-Jordan as regards the two-year extension of EU-Jordan Partnership Priorities - Main contents
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| dossier | JOIN(2018)35 - EU position within the Association Council EU-Jordan as regards the two-year extension of EU-Jordan Partnership Priorities. |
|---|---|
| source | JOIN(2018)35  |
| date | 28-11-2018 |
1. Subject matter of the proposal
This proposal concerns the decision establishing the position to be taken on the Union's behalf 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 Hashemite Kingdom of Jordan, of the other part, in connection with the envisaged adoption of a decision to extend the EU-Jordan Partnership Priorities for two years.
2. Context of the proposal
2.1.The Association Agreement
The Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part (the Association Agreement), was signed on 24 November 1997 and entered into force on 1 May 2002. The Association Agreement forms the legal basis for the bilateral relations between the EU and Jordan. The Agreement aims to
–provide an appropriate framework for the political dialogue, allowing the development of close political relations between the Parties,
–establish the conditions for the progressive liberalisation of trade in goods, services and capital,
–foster the development of balanced economic and social relations between the Parties through dialogue and cooperation,
–improve living and employment conditions, and enhance productivity and financial stability,
–to encourage regional cooperation with a view to the consolidation of peaceful coexistence and economic and political stability,
–promote cooperation in other areas which are of reciprocal interest.
2.2.The Association Council
The Association Agreement establishes an Association Council, which has the power to take decisions for the purpose of attaining the objectives of the Agreement in the cases provided for therein. The decisions are binding on the Parties. The Joint Committee may also make recommendations. According to the Rules of Procedure, the Association Council is presided over, alternately for a period of 12 months, by the EU and Jordan. The Association Council meets regularly at ministerial level once a year. Special sessions of the Association Council may be held if the Parties so agree, at the request of either Party.
2.3.The envisaged act of the Association Council
The Association Council is to adopt a decision concerning the extension of the EU-Jordan Partnership Priorities 2016-2018 until the end of 2020. In accordance with Article 10 of the Rules of Procedure of the Association Council, the decision will be adopted by written procedure.
3. Position to be taken on the Union's behalf
The position to be adopted by the European Union in the Association Council established by the Association Agreement on the adoption of a decision on the two-year extension of the EU-Jordan Partnership Priorities is based on the text of the decision annexed to this Decision.
By Decision No. 1/2016 of the Association Council of December 2016, the EU and Jordan have agreed on Partnership Priorities to guide the partnership for the period 2016-2018, with a review foreseen by the end of 2018 to look into extending them for another two years in view of political, security and economic developments. Since then, both parties have continued to build on their strong and solid partnership and, following a review of the Partnership Priorities, they have agreed on their continued validity as a guiding document to further consolidate the partnership.
The EU-Jordan Compact annexed to the Partnership Priorities, which outlines mutual commitments to implement the Partnership Priorities and address the impact of the Syria crisis, has been regularly reviewed in the context of the bilateral cooperation between the EU and Jordan, as well as in the context of other relevant dialogues and meetings, such as in the two Brussels Conferences Supporting the future of Syria and the Region held on 4-5 April 2017 and 24-25 April 2018, respectively, that adopted specific outcome papers on Jordan,.
During the 2019-2020 period, further review can take place, as appropriate, of the Partnership Priorities as well as the Compact.
The extension of the Partnership Priorities until the end of 2020 is therefore in the interest of the Parties.
4. Legal basis
4.1.Procedural legal basis
4.1.1.Principles
Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.’
The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the rules of international law governing the body in question. It also includes instruments that do not have a binding effect under international law, but that are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature’ 1 .
4.1.2.Application to the present case
The Association Council is a body set up by an agreement, namely the Association Agreement.
The act which the Association Council is called upon to adopt constitutes an act having legal effects. The envisaged act has legal effects because it will extend the current Partnership Priorities for two years.
Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU.
4.2.Substantive legal basis
4.2.1.Principles
The substantive legal basis for a decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act in respect of which a position is taken on the Union's behalf. If the envisaged act pursues two aims or has two components and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.
4.2.2.Application to the present case
The main objective and content of the envisaged act relate to cooperation with a third country in the framework of an association agreement and the European Neighbourhood Policy.
Therefore, the substantive legal basis of the proposed decision is Article 217.
4.3.Conclusion
The legal basis of the proposed decision should be Article 217 in conjunction with Article 218(9) TFEU.