Explanatory Memorandum to COM(2012)748 - Union position on the adoption of a Recommendation on the implementation of the EU-PA ENP Action Plan

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The Palestinian Authority (PA) and the European Community (EC) first established contractual relations in 1997 when the EC and the Palestine Liberation Organisation (PLO), for the benefit of the PA, concluded an Interim Association Agreement on trade and cooperation. On the basis of this agreement, the EU-PA European Neighbourhood Policy (ENP) Action Plan was signed in May 2005 for a period of three to five years.

Within this framework, EU-Palestinian relations have developed significantly in recent years, with the resumption of the activities of the Joint Committee, the establishment of initially four subcommittees and the launching of the political dialogue. On the Palestinian side, the PA has proven its ability to be a full partner within the European Neighbourhood Policy (ENP) through active participation and fruitful exchanges. On the EU side, the landmark Foreign Affairs Council Conclusions of 8 December 2009 set out the path for renewed EU engagement with the Palestinian Authority by expressing the EU’s commitment to “further develop its bilateral relations with the PA reflecting shared interests, including in the framework of the ENP.” This development is a result of the increased capacity demonstrated by the Palestinian side in implementing its reform agenda and within the ENP.

The validity of the current Action Plan expired on 30 June 2012 and hence a new Action Plan, building on the EU’s long-standing support to the PA’s statebuilding efforts is appropriate. In order to prepare for this new Action Plan, the number of ENP subcommittees was increased from four to six to enable a better monitoring of the Action Plan. The new subcommittees are fully aligned with the new Action Plan.

EU-Palestinian relations take place in the context of the overall changing political situation in the region and in the paradigm of the EU’s defining role and added value in global governance.

The Joint Communication to the Parliament and the Council entitled A new response to a changing neighbourhood: A review of European Neighbourhood Policy, outlined a new approach which aims at a higher level of differentiation, allowing for each partner to develop its links with the EU based on its own aspirations, needs and capacities, but also on mutual accountability and the degree of commitment to the universal values of human rights, democracy and the rule of law, as well as the capacity to implement jointly agreed priorities. As outlined in the above-mentioned Communication, the EU will aim for a more simplified and coherent policy and programme network through focusing ENP Action Plans and EU assistance on a smaller number of priorities, backed with more precise benchmarks. This new Action Plan clearly outlines the priority objectives of the privileged EU-PA partnership fully cognisant of the special circumstances of the PA and the limitations within which it operates.

The European External Action Service (EEAS), in close co-operation with Commission services and EU Member States, has held exploratory talks with the PA which has resulted in agreement on the draft Action Plan. It covers a timeframe of three to five years. In the course of the recent EU-PLO Joint Committee which took place on 13 February 2012, the parties took note of the ongoing technical negotiations for a new joint EU-PA ENP Action Plan. The finalisation of technical consultations on each side was notified through an exchange of letters.

The EU-PA ENP Action Plan shall be the essential reference tool that will guide our bilateral relations with the Palestinian Authority in the coming years. The ENP will continue to act as a catalyst as a single policy framework, based inter alia on partnership and joint ownership, as well as performance-driven differentiation and tailor-made assistance.

The Commission attaches the text of a proposal for a Council Decision on the position to be taken by the European Union within the EU-PLO Joint Committee with regard to the adoption of a recommendation on the implementation of the Action Plan in annex.

The Commission therefore requests the Council to adopt the attached proposal for a Council Decision.