2012/176/EU: Council Decision of 8 March 2012 on the conclusion of a Protocol to the 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, on a framework agreement between the European Union and the Kingdom of Morocco on the general principles for the participation of the Kingdom of Morocco in Union programmes

The Protocol to the 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, on a framework agreement between the European Union and the Kingdom of Morocco on the general principles for the participation of the Kingdom of Morocco in Union programmes is hereby approved on behalf of the Union. The text of the Protocol is attached to this Decision.

The President of the Council shall give, on behalf of the Union, the notification provided for in Article 10 of the Protocol.

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

Morocco is hereby authorised to participate in all current and future Union programmes opened to its participation, in accordance with the relevant provisions adopting those programmes.

Morocco shall make a financial contribution to the general budget of the Union corresponding to its participation in specific programmes.

The representatives of Morocco shall be allowed to take part, as observers and for the points which concern Morocco, in the management committees responsible for monitoring the programmes to which Morocco contributes financially.

Projects and initiatives submitted by participants from Morocco shall, wherever possible, be subject to the same conditions, rules and procedures for the programmes concerned as those applicable to the Member States.

The detailed arrangements governing Morocco’s participation in each programme, in particular the financial contribution payable and the reporting and evaluation procedures, shall be determined by a Memorandum of Understanding between the Commission and the competent Moroccan authorities, on the basis of the criteria established in the relevant programmes. If Morocco applies for Union external assistance to participate in a given Union programme on the basis of Article 3 of Regulation (EC) No 1638/2006 of the European Parliament and of the Council of 24 October 2006 laying down general provisions establishing a European Neighbourhood and Partnership Instrument or under any similar regulation providing for Union external assistance to Morocco that may be adopted in the future, the conditions governing the use by Morocco of Union external assistance shall be set out in a financing agreement in accordance with, in particular, Article 20 of Regulation (EC) No 1638/2006.

In accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities , each Memorandum of Understanding concluded under Article 5 of this Protocol must stipulate ‘that financial controls or audits, or other checks, including administrative investigations, will be carried out by, or under the authority of, the Commission, the European Anti-Fraud Office and the Court of Auditors’. Detailed provisions should be adopted for financial controls and audits, administrative measures, penalties and recoveries that accord the Commission, the European Anti-Fraud Office and the Court of Auditors powers equivalent to their powers with regard to beneficiaries or contractors established in the Union.

This Protocol shall apply for the period during which the Agreement is in force. This Protocol shall be signed and approved by the Parties in accordance with their respective procedures. Either Party may denounce this Protocol by written notification to the other Party. This Protocol shall cease to apply six months after the date of such notification. The denunciation of this Protocol by either of the Parties shall not affect the checks and controls to be carried out, where necessary, under the provisions of Article 5 or 6.

No later than three years after the date of entry into force of this Protocol, and every three years thereafter, the Parties may review the implementation of this Protocol on the basis of the Kingdom of Morocco’s actual participation in Union programmes.

This Protocol shall apply, on the one hand, to the territories in which the Treaty on the Functioning of the European Union applies and under the conditions laid down in that Treaty, and, on the other hand, to the territory of the Kingdom of Morocco.

This Protocol shall enter into force on the first day of the month following the date on which the Parties notify each other, through diplomatic channels, of the completion of their respective procedures necessary for its entry into force.

This Protocol shall form an integral part of the Agreement.

This Protocol shall be drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, French, Finnish, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish, Swedish and Arabic languages, each text being equally authentic.