Explanatory Memorandum to COM(2018)72 - Signing of the Agreement for scientific and technological cooperation between the EU and Morocco setting out the terms and conditions for the participation of Morocco in PRIMA

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1. CONTEXT OF THE PROPOSAL

Reasons for and objectives of the proposal

Following a proposal by the Commission for an Article 185 TFEU PRIMA initiative 1 , the Decision (EU) 2017/1324 of the European Parliament and of the Council 2 on the participation of the Union in the Partnership for Research and Innovation in the Mediterranean Area ('PRIMA') jointly undertaken by several Member States was adopted.


PRIMA aims at implementing a joint programme to foster research and innovation capacities and to develop knowledge and common innovative solutions for improving the efficiency, safety, security and sustainability of agro-food systems and of integrated water provision and management in the Mediterranean area. PRIMA will be jointly undertaken by a number of Member States and third countries ('PRIMA Participating States') with a high level of commitment to scientific, management and financial integration and under the same terms and conditions.


The Kingdom of Morocco ('Morocco') expressed its wish to join PRIMA as a Participating State by letter of 26 September 2014 committing to provide a total financial contribution of 40 million euros to the initiative.


In order to ensure that Morocco participates in PRIMA on an equal footing with Member States and third countries associated to Horizon 2020, an International Agreement with the Union is required to extend the scope of the legal regime established by Decision (EU) 2017/1324 to Morocco.


On 30 May 2017 the Council authorised the Commission to open negotiations, on behalf of the Union, with Morocco on an International Agreement between the Union and Morocco laying down the terms and conditions for the participation of Morocco in PRIMA, subject to the adoption of Decision (EU) 2017/1324.


The negotiations started on 26 June 2017 and were successfully completed on 22 January 2018, when the Chief Negotiators of the future Parties initialled the text of the draft Agreement. The draft Agreement attached to this proposal is in line with the negotiating directives issued by the Council. In particular, it establishes that the terms and conditions for the participation of Morocco in PRIMA shall be those set out in Decision (EU) 2017/1324, making direct reference to the Union legislative act.


In order to ensure the protection of Union financial interests, particularly the powers of the Commission, the European Anti-Fraud Office, the Court of Auditors and the PRIMA Implementation Structure (PRIMA-IS) to carry out audits and investigations in accordance with the applicable Union legislation, the Agreement makes specific reference to the relevant provisions of Decision (EU) 2017/1324 and obliges the Parties to provide all necessary assistance to ensure their implementation. In addition, the future Agreement stipulates that the Parties must agree on detailed arrangements for assistance, such arrangements being essential to their cooperation under this Agreement.

The Agreement provides for its provisional application upon signature so as to allow Moroccan researchers to reap a maximum of benefits of the calls launched pursuant to the first PRIMA Annual Work Plan (AWP), for 2018 3 . This AWP already addresses in detail the eligibility conditions for participation and funding of legal entities established in a country that becomes a Participating State during the implementation of the AWP, such as Morocco. Under Article 7(2) Decision (EU) 2017/1324 the eligibility for participation is determined at the time of the call deadline, which is on 17 April 2018 as indicated in the PRIMA AWP. Against this background during negotiations Morocco expressed its readiness to provisionally apply this Agreement with a view to affording researchers from Morocco the possibility to fully benefit from the aforementioned calls.

Consistency with existing policy provisions in the policy area

As also presented in the impact assessment report for PRIMA 4 , the openness of PRIMA to the participation of third countries such as Morocco is consistent with the objectives of international cooperation for research and innovation as outlined in the 2012 Commission Communication Enhancing and focusing EU international cooperation in research and innovation: A strategic approach 5 and Horizon 2020 Framework Programme, which promotes cooperation with third countries in science, technology and innovation in order to tackle global societal challenges and support Union external policies. This Agreement is also consistent with the existing Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part 6 which provides for scientific, technical and technological cooperation between Union and Morocco; and with the Agreement on scientific and technical cooperation between the European Community and the Kindgom of Morocco 7 which encourages cooperative scientific and technological activities between the Parties in fields of common interest.

Consistency with other Union policies

The implementation of PRIMA in close cooperation with third countries such as Morocco is also consistent with, and relevant for, other Union policies, such as migration policy, development policy and neighbourhood policy.

2. LEGAL elements of the proposal

The proposal for a Council decision is based on Article 186 and Article 218(5) of the Treaty on the Functioning of the European Union.

4. BUDGETARY IMPLICATIONS

The Legislative Financial Statement presented with this Decision sets out the indicative budgetary implications.


In the light of the above, the Commission proposes that the Council

- decides on the signature and provisional application of the Agreement on behalf of the Union;


- authorises the negotiator of the Agreement to sign, on behalf of the Union, the Agreement for scientific and technological cooperation between the European Union and the Kingdom of Morocco setting out the terms and conditions for participation of the Kingdom of Morocco in the Partnership for Research and Innovation in the Mediterranean Area (PRIMA).