10 EU-Syria relations
| (30288)
17487/08
+ ADDS 1-4
COM(08) 853
| Draft Council Decision on the signature and provisional application of certain provisions of a Euro-Mediterranean Association Agreement between the European Community and its Member States and the Syrian Arab Republic
Draft Council Decision on the conclusion of a Euro-Mediterranean Association Agreement between the European Community and its Member States and the Syrian Arab Republic
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| Legal base | Articles 300 and 310 EC; unanimity
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| Document originated | 12 December 2008
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| Deposited in Parliament | 22 December 2008
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | EM of 15 July 2009
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| Previous Committee Report | None
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| To be discussed in Council | 15 September 2009 General Affairs and External Relations Council
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| Committee's assessment | Politically important
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| Committee's decision | Cleared, but further information requested
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Background
10.1 Signature and conclusion of a Euro-Mediterranean Association
Agreement would form the legal basis for the EU's relations with
Syria. The agreement sets out the general principles governing
the relationship between the EU and Syria. These include political
dialogue, human rights, counter proliferation, trade and migration.
The Agreement also establishes an Association Council to oversee
implementation. This would complete the Euro-Mediterranean Free
Trade Area in 2010 as set up in the 1995 Barcelona Declaration
(which aimed at strengthening economic, security and social relations
with Tunisia, Morocco, Algeria, Egypt, Israel, the Palestinian
Territories, Jordan and Lebanon).[24]
The Government's view
10.2 In her Explanatory Memorandum of 15 July 2009, the
Minister for Europe at the
Foreign and Commonwealth Office (Baroness
Kinnock of Holyhead) notes that talks
began on an Association Agreement (AA) between Syria and the EU
in 1998, "although these progressed slowly." Moving
to 2003, the Minister says:
"the main disagreements were on human rights
and non-proliferation, particularly as language on non-proliferation
had only become standard in November that year. The Commission
and Syria finally initialled the draft text of the AA on 17 October
2004 and the agreement then required signature. However due to
the political context at the time, including Syrian involvement
in Lebanon, the EU decided that a further deepening of the EU/Syria
relationship needed to wait for a positive Syrian contribution
to regional stability."
10.3 This took some five years; however:
"Since 2008 Syria has taken positive steps which
go some way to address previous political considerations. These
include beginning indirect peace talks with Israel, establishing
diplomatic relations with Lebanon and sending an Ambassador to
Baghdad. Consequently, under the French Presidency, efforts were
made to re-open negotiations with Syria on the text of the AA.
This followed President Sarkozy's decision to invite President
Assad Bashar to the Union of the Mediterranean Summit in July
2008 and to visit Damascus in September 2008. After several meetings
between Commission and Syrian negotiators, a revised AA text was
initialled in December 2008."
10.4 The Minister then describes the agreement thus:
"The proposed revised Association Agreement
(AA) between the EU and Syria will establish a closer relationship
within the context of the Euro-Mediterranean partnership launched
by the 1995 Barcelona Declaration. The proposed AA is similar
in pattern to other Euro- Mediterranean Association Agreements.
It contains far-reaching and substantial provisions in a number
of areas including: non-proliferation, counter-terrorism, comprehensive
tariff dismantlement on agricultural products, technical barriers
to trade, sanitary and phyto-sanitary measures, trade facilitation,
right of establishment and services, government procurement, intellectual
property rights and trade dispute settlement mechanisms. The provisional
application of trade and trade related provisions is also foreseen.
"Through signature of the draft Association
Agreement, the EU can signal its intent to engage constructively
with Syria. It will help to build confidence, develop dialogue
and will encourage further positive steps by Syria. This progress
will be facilitated by regular political dialogue at all
levels and co-operation across the full range of political, environmental,
economic and social issues, including on terrorism. This can additionally
contribute to peace and security in the region and will also enable
the EU and Syria to discuss all topics of mutual concern, including
human rights and democratic principles, terrorism and non-proliferation.
An EU-Syria Association Council will be established to take all
appropriate measures to facilitate cooperation and is aimed at
supporting economic and political reform in Syria, preparing Syria
for integration into the world economy and promoting regional
peace and integration.
"In addition to this political signal, the agreement
will also benefit the UK and the EU in general. The proposed agreement
will stimulate trade and economic relations between Syria,
the EU and our Mediterranean partners, through the progressive
establishment, over a maximum period of twelve years, of a free-trade
area between the European Community and Syria. Inclusion of Syria
will be the last piece in building the Euro-Mediterranean Free
Trade Area in 2010 as set up in the Barcelona Declaration. The
Barcelona Declaration underlines the EU's priority to strengthen
its security, economic and social relations with the partners
of the southern Mediterranean Basin. Agreements with Tunisia,
Morocco, Algeria, Egypt, Israel, the Palestinian Territories (PLO),
Jordan and Lebanon have already been signed.
"Finally, the text on the two essential element
clauses on non-proliferation and human rights
has also been agreed. Respect for the principles of democracy
and human rights will constitute an essential element of the Agreement.
Additionally, in line with the Council Decision of 17 November
2003 on the fight against the proliferation of weapons of mass
destruction, the Agreement also contains as an essential element
a commitment to fulfilling existing obligations under disarmament
and non-proliferation instruments. If Syria does not fulfil its
obligations in either of these two areas the EU can decide —
if all Member States agree — to suspend part or all of the
Association Agreement.
"As a result of the steps taken by Syria, a
number of other States, including the UK, have begun to increase
engagement with Syria. Following a series of meetings between
the Foreign Secretary and the Syrian Foreign Minister, the Syrian
Foreign Minister visited London in October 2008 and the Foreign
Secretary visited Syria in November 2008. UK policy is to urge
Syria to act as a force for stability across several regional
issues of concern: Lebanon, arms transfers, counter-proliferation,
counter-terrorism, Middle East Peace Process and human rights.
Our continued engagement with Syria remains primarily directed
at encouraging further substantial progress on these issues. The
Association Agreement is part of this."
10.5 On the key consideration of human rights, the
Minister says:
"Respect for the democratic principles and fundamental
rights established by the Universal Declaration of Human Rights
is an essential element of the proposed agreement, breach of which
by one party would allow the other party to the agreement to take
action to suspend or terminate the agreement. It is envisaged
that the agreement should lead to improvements in the human rights
position in Syria."
10.6 Finally, looking ahead, the Minister says that,
following translation and technical examination of the draft Agreement
by Jurist Linguists, the earliest date for possible signature
of the draft Association Agreement (AA) by all Member States and
Syria is likely to be the 14 September 2009 General Affairs and
External Relations Council; that after signature, the trade aspects
of the draft AA will come into force; and that the political elements
will do so once all 27 Member States have ratified the agreement.
Conclusion
10.7 No questions arise about the nature of the
Agreement or the process, but we are nonetheless reporting these
developments to the House because of the importance of the political
context.
10.8 We now clear the documents. However, the
Minister says nothing about how the Agreement will be ratified
in this country, or when she expects this to take place. Nor does
she indicate whether continuation of the improvements in Syrian
behaviour is likely to determine the timing of ratification, or
whether she sees this as essentially a bureaucratic process. We
should accordingly be grateful if the Minister would write to
us to clarify these matters, once signature of the Agreement has
taken place.
24 See http://www.emwis.net/overview/fol101997/doc208943
for the full background to the Barcelona Declaration. Back
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