DECISION

No 1/2007

OF THE

EU-

TUNISIA ASSOCIATION COUNCIL

of 9 November 2007

setting up a Subcommittee on Human Rights and Democracy

(2007/754/EC)

THE EU-TUNISIA ASSOCIATION COUNCIL,

Having regard to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Tunisian Republic, of the other part (hereinafter referred to as the ‘Association Agreement’),

Whereas:

(1) Respect for democratic principles, human rights and fundamental freedoms forms an integral and essential part of the framework governing relations between the European Union (EU) and its Mediterranean partners.

(2) These matters are an essential component of the Association Agreement. They will be duly discussed in the various bodies provided for by the Agreement.

(3) The neighbourhood policy sets ambitious aims, based on a mutually recognised commitment to shared values encompassing democracy, the rule of law and respect for and promotion of human rights in their entirety, including the right to development.

(4) The EU’s relations with the southern Mediterranean countries are becoming increasingly dynamic as a result of the implementation of Euro-Mediterranean Agreements, Neighbourhood Action Plans and the continuation of the Euro-Mediterranean partnership. The implementation of the Euro-Mediterranean partnership’s priorities with each country and the approximation of the legislation of these countries relating to those priorities need to be monitored regularly.

(5) Relations and cooperation with the Mediterranean countries can be developed in a way that takes account of the EU’s competencies, the need for the whole Barcelona Process to be coherent and balanced and the specificities and requirements of each Mediterranean country.

(6) The Association Council has already decided to set up subcommittees of the EU-Tunisian Association Committee to provide an appropriate institutional framework for implementing and enhancing cooperation.

(7) Article 84 of the Association Agreement provides for the setting up of the working groups or bodies necessary for the implementation of the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

1. The Subcommittee on Human Rights and Democracy is hereby set up within the EU-Tunisia Association Committee (hereinafter referred to as the ‘Association Committee’).

Its rules of procedure are set out in the Annex.

2. Issues within the remit of the Subcommittee may also be addressed at higher levels in the political dialogue between the European Union and Tunisia.

3. The Association Committee shall propose to the Association Council any other action needed to ensure that the Subcommittee operates properly.

Article 2

This Decision shall enter into force on the day of its adoption.

Done at Brussels, 9 November 2007.

For the EU-Tunisia Association Council

AMADO

ANNEX

Rules of Procedure of the Subcommittee on Human Rights and Democracy

1. Composition and chair

The Subcommittee on Human Rights and Democracy (hereinafter referred to as the ‘Subcommittee’) shall be composed of representatives of the Commission and the Member States, of the one part, and representatives of the Government of the Tunisian Republic, of the other part. It shall be chaired alternately by the two parties.

2. Role

The Subcommittee shall work under the authority of the EU-Tunisia Association Committee (hereinafter referred to as the ‘Association Committee’), to which it shall report after each meeting. The Subcommittee shall have no decision-making power. It may, however, submit proposals to the Association Committee.

3. Topics

The Subcommittee shall examine the implementation of the EU-Tunisia Association Agreement in the sectors listed below. It shall also serve as the principal technical mechanism for monitoring the implementation of human rights and democracy measures under the EU-Tunisia Neighbourhood Policy Action Plan. It shall assess progress on the approximation and implementation of laws. Where relevant, cooperation between public administrations may be discussed in accordance with the Neighbourhood Policy Action Plan. The Subcommittee shall evaluate progress in the sectors listed below and shall propose steps that might be taken:

(a) the rule of law and democracy, including strengthening democracy and the rule of law, the independence of the courts, access to justice and the modernisation of the legal system;

(b) implementing the principal international conventions on human rights and fundamental freedoms, including consideration of the possibility of accession to optional protocols to those conventions;

The above list is not exhaustive and other relevant subjects may be added by the Association Committee following agreement by both parties.

A meeting of the Subcommittee may discuss matters relating to one, several or all of the above sectors.

4. Secretariat

An official of the European Commission and an official of the Government of the Tunisian Republic shall act jointly as permanent secretaries of the Subcommittee and shall be in charge of the preparation for its meetings.

5. Meetings

The Subcommittee shall meet at least once a year. A meeting may be convened on a request from either party. The permanent secretary of the requesting party will pass the request on to the other party. Upon receipt of a request, the permanent secretary of the other party shall reply within 15 working days.

Each meeting of the Subcommittee shall be held at a time and place agreed by the two parties.

The meetings shall be convened for each party by its permanent secretary in agreement with the chair. Before each meeting, the chair will be informed of the composition of each party’s delegation.

If the two parties agree, the Subcommittee may commission reports in order to obtain specific information on previously agreed topics.

6. Agenda for meetings

All proposals from either of the two parties for items to be entered on the Subcommittee’s agenda shall be forwarded to the Subcommittee permanent secretaries.

The provisional agenda shall include items for which the permanent secretaries have received requests for entry on the agenda at least fifteen days before the meeting.

The provisional agenda for each meeting shall be drawn up by the chair in consultation with the other party at least 10 days before the meeting.

Supporting documentation must be received by both parties at least seven days before the meeting. These periods may be reduced, provided both parties agree.

The agenda shall be adopted by the Subcommittee at the beginning of each meeting.

7. Minutes

Minutes shall be taken and agreed by both permanent secretaries after each meeting. A copy of the minutes shall be forwarded by the permanent secretaries of the Subcommittee to the secretaries and chair of the Association Committee.

8. Publication

The meetings of the Subcommittee shall not be public and minutes of those meetings shall be confidential.