Explanatory Memorandum to COM(2018)74 - Conclusion of the Agreement for scientific and technological cooperation between the EU and Morocco on 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

On 30 May 2017 the Council authorised the Commission to open negotiations, on behalf of the Union, with the Kingdom of Morocco ('Morocco') on an International Agreement between the Union and Morocco laying down the terms and conditions for the participation of Morocco in the Partnership for Research and Innovation in the Mediterranean Area ('PRIMA').


According to the terms of the Council authorising decision, negotiations could only be started upon adoption of a Decision of the European Parliament and of the Council on the participation of the Union in the Partnership for Research and Innovation in the Mediterranean Area (PRIMA) jointly undertaken by several Member States.


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 1 , 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.

Consistency with existing policy provisions in the policy area

As also presented in the impact assessment report for PRIMA 2 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 3 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 4 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 5 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(6)(a)(v) of the Treaty on the Functioning of the European Union.


In the light of the above, the Commission proposes that the Council concludes the Agreement on behalf of the Union.