European Union Association Agreement
A European Union Association Agreement (for short, Association Agreement or AA) is a treaty between the European Union (EU), its Member States and a non-EU country that creates a framework for co-operation between them. Areas frequently covered by such agreements include the development of political, trade, social, cultural and security links. The legal basis for the conclusion of the association agreements is provided by art. 217 TFEU (former art. 310 and art. 238 TEC).
Association Agreements are broad framework agreements between the EU (or its predecessors) and its member states, and an external state which governs their bilateral relations. The provision for an association agreement was included in the Treaty of Rome, which established the European Economic Community, as a means to enable co-operation of the Community with the United Kingdom, which had retreated from the treaty negotiations at the Messina Conference of 1955. According to the European External Action Service, for an agreement to be classified as an AA, it must meet several criteria:[1]
1. The legal basis for their conclusion is Article 217 TFEU (former art. 310 and art. 238 TEC)
2. Intention to establish close economic and political cooperation (more than simple cooperation);
3. Creation of paritary bodies for the management of the cooperation, competent to take decisions that bind the contracting parties;
4. Offering most favoured nation treatment;
5. Providing for a privileged relationship between the EC and its partner;
6. Since 1995 the clause on the respect of human rights and democratic principles is systematically included and constitutes an essential element of the agreement;7. In a large number of cases, the association agreement replaces a cooperation agreement thereby intensifying the relations between the partners.
— European External Action Service
The EU typically concludes Association Agreements in exchange for commitments to political, economic, trade, or human rights reform in a country. In exchange, the country may be offered tariff-free access to some or all EU markets (industrial goods, agricultural products, etc.), and financial or technical assistance. Most recently signed AAs also include a Free Trade Agreement (FTA) between the EU and the third country.
Association Agreements have to be accepted by the European Union and need to be ratified by all the EU member states and the state concerned.
Names and types
AAs go by a variety of names (e.g. Euro-Mediterranean Agreement Establishing an Association, Europe Agreement Establishing an Association) and need not necessarily even have the word "Association" in the title. Some AAs contain a promise of future EU membership for the contracting state.
The first states to sign such an agreement were Greece (1961)[2] and Turkey in (1963).[3]
In recent history, such agreements have been signed as part of two EU policies: Stabilisation and Association Process (SAp) and European Neighbourhood Policy (ENP).
The countries of the western Balkans (official candidates Albania, Montenegro, North Macedonia and Serbia, and potential candidates Bosnia and Herzegovina and Kosovo[a]) are covered by SAp. All six have "Stabilisation and Association Agreements" (SAA) with the EU in force.
The countries of the Mediterranean (Algeria, Morocco, Egypt, Israel, Jordan, Lebanon, Libya, the Palestinian Authority, Syria, Tunisia) and Eastern Europe neighbours (Armenia, Azerbaijan and Belarus, Georgia, Moldova, Ukraine, but excluding Russia that insists on creating four EU-Russia Common Spaces) are covered by ENP. Seven of the Mediterranean states have a "Euro-Mediterranean Agreement establishing an Association" (EMAA) with the EU in force, while Palestine has an interim EMAA in force.[4] Syria initialled an EMAA in 2008, however signing has been deferred indefinitely. Negotiations for a Framework Agreement with the remaining state, Libya, have been suspended. Moldova and Ukraine, of the Eastern Partnership, have Association Agreements in force. Armenia completed negotiations for a AA in 2013 but decided not to sign the agreement,[5] while Azerbaijan has been negotiating an AA.
Both the SAA and ENP AP are based mostly on the EU's acquis communautaire and its promulgation in the co-operating states legislation. Of course the depth of the harmonisation is less than for full EU members and some policy areas may not be covered (depending on the particular state).
In addition to these two policies, AAs with free-trade agreement provisions have been signed with other states and trade blocs including Chile, and South Africa.
EU Agreements with third states
In force
- ACP PA (2003)[6]
- Albania SAA (2009)[7]
- Algeria EMAA (2005)[8]
- Bosnia and Herzegovina SAA (2015)[9]
- Chile AA (2005)[10]
- Egypt EMAA (2004)[11]
- Georgia AA (2016)[12]
- Iceland EEA (1994)[13]
- Israel EMAA (2000)[14]
- Jordan EMAA (2002)[15]
- Kosovo* SAA (2016)[16]
- Lebanon EMAA (2006)[17]
- Liechtenstein EEA (1995)[13]
- Moldova AA (2016)[18]
- Montenegro SAA (2010)[19]
- Morocco EMAA (2000)[20]
- North Macedonia[21] SAA (2004)[22]
- Norway EEA (1994)[13]
- Serbia SAA (2013)[23]
- South Africa ATDC (2004)[24]
- Syria CA (1978;[25] cooperation programmes suspended in 2011)[26]
- Tunisia EMAA (1998)[27]
- Turkey AA (1964)[28] the framework for a CU (1995)[29]
- Ukraine AA (2017)[30][31][32]
Currently pending ratification
- Central America: European Union Central American Association Agreement (signed in 2012)[33]
- United Kingdom: Trade and Cooperation Agreement (following Brexit)[34] Signed 30 December 2020.
Currently in negotiations
- Andorra AA[37]
- Azerbaijan AA[38]
- Libya (negotiations for a Framework Agreement were launched in 2008, but suspended in 2011 due to the Libyan Civil War; as of 2014 the EU is seeking to re-launch the negotiations)[39]
- Mercosur AA[40]
- Monaco AA[37]
- San Marino AA[37]
- Syria EMAA (initialled in 2008,[41] however signing has been stalled indefinitely by the EU due to concerns over the conduct of Syrian authorities during anti-government protests in 2011 and the ensuing civil war)[26][42]
Defunct agreements
- Bulgaria EAA (1995),[43] acceded to the EU in 2007
- Croatia SAA (2005),[44] acceded to the EU in 2013
- Cyprus AA (1973),[45] acceded to the EU in 2004
- Czech Republic EAA (1995),[46] acceded to the EU in 2004
- Estonia EAA (1998),[47] acceded to the EU in 2004
- Greece AA (1961), acceded to the EU in 1981
- Hungary EAA (1994),[48] acceded to the EU in 2004
- Latvia EAA (1998),[49] acceded to the EU in 2004
- Lithuania EAA (1998),[50] acceded to the EU in 2004
- Malta AA (1971),[51] acceded to the EU in 2004
- Poland EAA (1994),[52] acceded to the EU in 2004
- Romania EAA (1995),[53] acceded to the EU in 2007
- Slovakia EAA (1995),[54] acceded to the EU in 2004
- Slovenia EAA (1999),[55] acceded to the EU in 2004
- United Kingdom ACR (1955),[56] acceded to the EU in 1973
In force
- Andorra CU (1991)[57]
- Faroe Islands (autonomous constituent country of the Kingdom of Denmark) FTA (1997)[58]
- Japan EPA (2019)[59]
- Mexico EPPCCA (2000)[60]
- Monaco CU (1958)[61]
- Palestinian Authority interim EMAA (1997)[4][62]
- San Marino CCU (2002)[63]
- Singapore FTA (2019)[64]
- South Korea FTA (2015)[65]
- Switzerland FTA (1973)[66]
- Vietnam FTA (2020)[67]
Currently undergoing ratification
- Colombia and Peru FTA (signed in 2012)[68]
- Canada CETA (signed in 2016)[69]
- Cameroon Interim EPA (signed in 2009)[70]
- CARIFORUM EPA (signed in 2008)[71]
- Côte d'Ivoire Stepping Stone EPA (signed in 2009)[72]
- Ecuador FTA (signed in 2016)[73]
- Ghana Stepping Stone EPA (signed in 2016)[74]
- Madagascar, Mauritius, the Seychelles, and Zimbabwe Interim EPA (signed in 2009)[75]
- SADC EPA (signed in 2016)[76]
Currently in negotiations
- Australia FTA[77]
- India FTA[78]
- Malaysia FTA[79]
- Morocco DCFTA[80]
- New Zealand FTA[81]
- Philippines FTA[82]
- Thailand FTA[83]
- Tunisia DCFTA[84]
- United States TTIP[85]
- APC Pacific EPA[86]
- ASEAN FTA (negotiations paused in 2009, in favour of bilateral negotiations with individual states)[87]
- EAC EPA (finalised in October 2014, but not signed)[88][89]
- ESA states EPA[90]
- ECOWAS EPA (finalised in February 2014, but not signed)[89][91]
- Central Africa states EPA[92]
- GCC FTA (negotiations suspended by GCC in 2008)[93]
Other agreements
- Andorra CA (2005)[94]
- Armenia PCA (1999)[95]
- ASEAN CA (1980),[96] valid only for Indonesia, Malaysia, the Philippines, Singapore and Thailand.
- Azerbaijan PCA (1999)[97]
- GCC CA (1989)[98]
- Georgia PCA (1999)[99]
- Indonesia ACPC (2014)[100]
- Iraq PCA (2018)[101]
- Kazakhstan Enhanced PCA (2020)[102]
- Kyrgyzstan PCA (1999)[103]
- Moldova PCA (1998)[104]
- Mongolia ATEC (1993)[105]
- Mongolia ACPC (2017)[106]
- Papua New Guinea Interim PA (2011)[107]
- Philippines PCA (2018)[108]
- Russia PCA (1997)[109]
- Tajikistan PCA (2010)[110]
- Ukraine PCA (1998)[111]
- USSR TCA (1989), endorsed by Tajikistan in 1994 and by Turkmenistan
- Uzbekistan PCA (1999)[112]
- Vietnam ACPC (2016)[113]
- Yemen CA (1998)[114]
Currently undergoing ratification
Currently in negotiations
Defunct agreements
- Albania ATCEC (1992),[125] superseded by SAA in 2009
- Algeria CA (1978),[126] superseded by EMAA in 2005
- Egypt CA (1978),[127] superseded by EMAA in 2004
- Kazakhstan PCA (1999)[128] superseded by EPCA in 2020
- Macedonia CA (1998),[129] superseded by SAA in 2004
- Mexico CA (1991),[130] superseded by EPPCCA in 2000
- Morocco CA (1978),[131] superseded by EMAA in 2000
- Serbia FA FRY-EU (2000)
- Tunisia CA (1978),[132] superseded by EMAA in 1998
- Vietnam CA (1996)[133] superseded by ACPC in 2016
- ACP Convention (1976,[134] 1981,[135] 1986,[136] 1991[137]), superseded by PA in 2003
- Legend
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Impact on environment and national economies
Agriculture & Manufacturing
Trade agreements between the EU and other countries or free trade zones have differential effects on the respective economies. Agricultural industries are most significantly impacted when regional farms have to compete with large producers that gain access to markets when tariffs fall. For large agreements such as the AA with Mercosur, significant opposition exists in European countries against cheaper imports of meats and other products.[138] However, for the manufacturing sector of cars and industrial products for export, usually involving larger global corporations, relevant volume increases are obvious for the more industrialised trade members.[139]
Environment
The impact on the environment for those nations that export farm products from areas with rain forests or other ecologically relevant regions, for example in Brazil, has been increasingly documented by environmental groups opposing EU trade agreements.[140] In addition, other industries with large environmental impact such as mining are expanding in areas where the regulatory burden is low, for example in South America and Asia. Industry groups have argued that increased economic performance in those sectors will only strengthen standards in participating nations, and that EU trade agreements should go hand in hand with harmonisation efforts for environmental regulations.[141]
See also
Notes
a. | ^ Kosovo is the subject of a territorial dispute between the Republic of Kosovo and the Republic of Serbia. The Republic of Kosovo unilaterally declared independence on 17 February 2008. Serbia continues to claim it as part of its own sovereign territory. The two governments began to normalise relations in 2013, as part of the 2013 Brussels Agreement. Kosovo is currently recognized as an independent state by 98 out of the 193 United Nations member states. In total, 113 UN member states recognized Kosovo at some point, of which 15 later withdrew their recognition. |
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