#  Decision on how the European Commission intends to guarantee respect for human rights in the context of  the EU-Tunisia Memorandum of Understanding (OI/2/2024/MHZ) 
- Author: European Ombudsman
- Date: 2025-04-29T10:00+02:00[Europe/Paris]
- [URL](https://www.ombudsman.europa.eu/en/decision/en/193851)
---
> This own-initiative inquiry assessed how the European Commission intends to guarantee respect for human rights in the context of the EU-Tunisia Memorandum of Understanding (MoU). Concerns have been raised about the nature of the MoU in general and about support for border control initiatives in particular, especially in the light of deeply disturbing reports regarding how the Tunisian authorities deal with migrants.
> 
> The Ombudsman was particularly concerned about the absence of a prior human rights impact assessment (HRIA), notably related to the 'Migration and mobility' pillar of the MoU and the projects set to come under that pillar. As that pillar of the MoU is clearly designed to restrict and discourage irregular migration to the EU through better migration control by Tunisian authorities, the implementation of projects putting this objective into practice very obviously has a human rights dimension. The Ombudsman asked the Commission to reply to a series of questions about how it intends to monitor the human rights impact of actions under the MoU and what measures it has anticipated and planned for, including with regard to the possible suspension of EU funding, if human rights violations are identified.
> 
> The Ombudsman found that, despite repeated claims by the Commission that there was no need for a prior HRIA, it had in fact completed a risk management exercise for Tunisia before the MoU was signed.
> 
> This exercise, which the Commission said it conducts with all EU partner countries that might receive EU budget support, took into account criteria similar to those used in standard prior HRIA. These assess - among other matters - the state of human rights, democracy, the rule of law, security and conflict in the relevant partner country. The Commission had, however, not proactively shared this information, including in its reply to the Ombudsman's strategic initiative on this matter.
> 
> The Ombudsman made suggestions on how to address this. She also, - given the extent of the risks identified - suggested that the Commission elaborate concrete criteria for the possible suspension of EU-funded contracts related to migration management where it finds evidence of human rights violations in the implementation of projects. In this context, the Ombudsman suggested that the Commission encourage its implementing partners to set up complaint mechanisms for individuals to report alleged violations of their human rights in the implementation of EU-funded projects/programmes in Tunisia. Given recent reports of significant problems on the ground, this has assumed even greater importance.
> 
Background
----------

**1.** The EU has a long history of cooperation with Tunisia, including on migration.[\[1\]](#_ftn1){#_ftnref1} The Euro-Mediterranean association agreement between the EU and Tunisia, which is the overarching legal framework for EU-Tunisia bilateral relations, was concluded in 1998.[\[2\]](#_ftn2){#_ftnref2}

**2.** The number of irregular migrants and asylum seekers travelling from and through Tunisia to Europe (mostly to Malta and Italy) increased dramatically from 2020 on. Against this background, on 11 June 2023, a 'comprehensive partnership package'[\[3\]](#_ftn3){#_ftnref3} was announced jointly by the President of the European Commission, the Italian and the Dutch Prime Ministers, with the President of Tunisia (a 'Joint Declaration').

**3.** On 16 July 2023, the Commission and the Tunisian authorities signed a Memorandum of Understanding *on a comprehensive ('strategic and global') partnership package between the EU and Tunisia* (MoU)[\[4\]](#_ftn4){#_ftnref4}, which includes a section on *'Migration and mobility'*. The MoU refers in its preamble to the Joint Declaration.

**4.** Based on the MoU, the EU committed to provide additional funding to Tunisia for training and technical support for border management to combat anti-smuggling operations and reinforce border control. The EU already provided funds to Tunisia for migration management under the Neighbourhood, Development and Internal Cooperation Instrument (NDICI) - Global Europe and under the Asylum, Migration and Integration Fund and, from 2017-2020, under the North of Africa window of the EU Emergency Trust Fund.[\[5\]](#_ftn5){#_ftnref5}

**5.**Concerns have been raised about the MoU in general and support for border control initiatives in particular, notably in light of deeply disturbing reports about how the Tunisian authorities deal with migrants.

**6.** On 13 September 2023, the European Ombudsman asked the Commission[**\[6\]**](#_ftn6){#_ftnref6} how it intended to ensure respect for human rights in the context of the EU funds foreseen under the MoU and how it intended to mitigate the risks of human rights violations. The Commission replied on 16 February 2024.[\[7\]](#_ftn7){#_ftnref7}

**7.**As the Ombudsman took the view that the Commission's reply had not addressed all of the matters she had raised, she opened an own-initiative inquiry.

The inquiry
-----------

**8.** The Ombudsman set out questions to the Commission[\[8\]](#_ftn8){#_ftnref8}. Her inquiry team subsequently inspected the Commission's file on this case and met with representatives of the Commission who replied to the Ombudsman's questions.[\[9\]](#_ftn9){#_ftnref9}

### Arguments presented to the Ombudsman

**9.**In reply to the Ombudsman's question as to whether the Commission carried out a human rights impact assessment (HRIA) of the MoU before it was signed, the Commission said that there is no requirement to conduct a HRIA prior to signing an MoU. This is because the MoU is a non-binding political agreement, setting out an understanding of shared objectives, including in the area of migration.

**10.**The Commission said that it had sufficient information on which to rely during negotiations leading to the signature of the MoU. Specifically, the Delegation of the EU to Tunisia had been monitoring the human rights situation in the country for a long time prior to the MoU. It does this through on-the-ground fact-finding ('missions') and meetings with all relevant stakeholders, on the basis of which it provides regular assessments to the Commission. These assessments formed the basis for negotiations on the MoU and guide the implementation of all actions under the MoU. The EU Delegation provides regular updates on the situation on the ground.

**11.** Another source of information is 'tripartite meetings' between the Commission, the Tunisian authorities and Tunisian civil society. These meetings take place ahead of each thematic subcommittee on migration, social affairs and employment between the EU and Tunisian authorities in the framework of the association agreement.[\[10\]](#_ftn10){#_ftnref10} The last meeting on migration, social affairs and employment took place on 25 January 2023. The Commission also meets Tunisian civil society organisations regularly to discuss human rights issues and to empower them to conduct advocacy and sustain their activities.

**12.** The *EU Annual Report on Human Rights and Democracy in the World* [***\[11\]***](#_ftn11){#_ftnref11} includes a chapter on Tunisia, which also provides information about the situation in Tunisia, including about migration.

**13.**As with all EU partner countries that receive or might receive EU budget support, the Commission conducted an annual risk management exercise for Tunisia, which included an assessment of human rights, democracy, the rule of law, security and conflict.

**14.**In reply to the Ombudsman's question as to whether the Commission intends to carry out periodic HRIAs of actions undertaken in the course of implementing the MoU, the Commission said that programmes and projects launched following the signature of the MoU and executed through contracts are continuously monitored in terms of compliance with human rights obligations.

**15.** The 'contribution agreements'[\[12\]](#_ftn12){#_ftnref12} signed by the Commission with partners who implement EU-funded projects include human rights clauses, which stipulate that projects must be implemented in accordance with human rights obligations.

**16.**The Commission monitors the implementation of these projects through reports from its implementing partners. These partners are required to provide regular descriptive and financial reports, as well as a statement of assurance that EU funds have been spent in line with the contribution agreement. These reports are one of the tools under the standard monitoring process.

**17.**The Commission also relies on external experts to carry out specific 'results-oriented monitoring exercises' (ROM). ROMs are initiated by EU delegations and can cover environmental and human rights amongst others issues. In 2023, the Delegation of the EU in Tunisia initiated a number of ROMs. There are also ROMs planned for Tunisia in 2024, covering migration programmes under the NDICI.

**18.**The Commission further said that, in the area of migration, no funding is going to the Tunisian authorities directly. The International Organization for Migration (IOM), the International Centre for Migration Policy Development (ICMPD), the United Nations High Commissioner for Human Rights (UNHCR) and non-governmental organisations are the Commission's 'implementing partners'. They receive EU funds designed to support migration actions in Tunisia.

**19.**All implementing partners in the area of migration in Tunisia have a proven track record and highly specialised technical expertise, including in monitoring and evaluation. They provide comprehensive and frequent analyses of the changing contexts in which they operate in Tunisia and on the human rights situation.

**20.**The human rights clauses in all contribution agreements with implementing partners allow the Commission to take measures in the event of non-compliance and to adjust implementation as necessary.

**21.**The general conditions for financing agreements provide for the possibility to suspend the overall agreement and/or suspend payments in case of breaches of fundamental rights.

**22.**In reply to the Ombudsman's question on what criteria it bases decisions to suspend funding, the Commission stated that the general conditions to contribution agreements stipulate that such decisions may be taken in exceptional circumstances.

**23.**The Commission said that it has a third party monitoring system for migration related programmes implemented in Libya. It intends to also strengthen the monitoring system of migration related programmes in Tunisia, including with regard to the 'do-no-harm' principle and human rights compliance.

**24.** In reply to the Ombudsman's question as to whether the Commission intends to publish more details about the implementation of the MoU, including the projects and project partners, and how implementation is monitored, the Commission said that public information about the general cooperation framework between the EU and Tunisia is available on its webpages on Tunisia.[\[13\]](#_ftn13){#_ftnref13} These have been updated recently. There is also a dedicated webpage on the website of the Delegation of the EU to Tunisia.[\[14\]](#_ftn14){#_ftnref14}

**25.**The Commission is conscious of the importance of transparent communication on the EU's cooperation with Tunisia and is working to improve the availability of information.

### The Ombudsman's assessment

**26.** The Ombudsman's inquiry aimed to assess what administrative steps the Commission took to evaluate the potential human rights impact of the MoU and, on an ongoing basis, the human rights risks related to EU-funded projects foreseen under the MoU. It is not the role of the Ombudsman to assess the merits of the MoU itself or the political process that led to the Commission concluding the MoU[\[15\]](#_ftn15){#_ftnref15}.

**27.** EU funds should not support actions that are at odds with the provisions of the Charter of Fundamental Rights of the EU[\[16\]](#_ftn16){#_ftnref16} and international human rights law. Regulation 2021/947 establishing the Neighbourhood, Development and Internal Cooperation Instrument (NDICI), from which the funding to Tunisia is provided, states that funds should be used to address human rights and democratisation issues at all levels, and that democracy and human rights should be reflected and mainstreamed throughout the implementation of the NDICI.[\[17\]](#_ftn17){#_ftnref17}

**28.** The Ombudsman has previously emphasised the importance of carrying out prior HRIAs before the EU undertakes actions in non-EU countries, particularly where there is a risk of human rights impacts on those directly affected by the actions.[\[18\]](#_ftn18){#_ftnref18} In the decision in her inquiry concerning the absence of a prior HRIA in the context of the EU-Turkey Statement[\[19\]](#_ftn19){#_ftnref19}, the Ombudsman emphasised that for all policies and actions of the EU that impact on people, any evaluation should contain an explicit consideration of the human rights impact of those policies and actions. This evaluation should take place ideally before these actions start and policies are adopted, and in a form of prior human rights impact assessment.

**29.** Prior HRIAs are important tools for identifying potential human rights problems arising from agreements with non-EU countries and for adopting mitigating measures.[\[20\]](#_ftn20){#_ftnref20} Conducting a prior HRIA also helps address public concerns about the nature of the EU's engagement with third countries, since HRIAs should be published.

**30.**The fact that a MoU might not create legally binding obligations under international or domestic law does not mean it is not necessary or advisable to carry out a prior HRIA. In the case of Tunisia, for example, the MoU contains political commitments that will lead to important funding for migration related actions for which the Commission is responsible. The Commission acknowledges that programmes and projects funded by the EU were launched following the signature of the MoU.

**31.**In addition, the migration and mobility pillar of the MoU (one of the five pillars) is clearly designed to restrict and discourage irregular migration to the EU through better migration control by Tunisian authorities. The implementation of projects putting this objective into practice inherently implies impacts on peoples' human rights.

**32.**The Commission argued that there was no need for a prior HRIA since it was aware of the human rights situation in Tunisia before signing the MoU. This awareness came from the Delegation's reports and bilateral contacts with Tunisian authorities in the framework of the Euro-Mediterranean association agreement, and its contacts with Tunisian civil society.

**33.** As the Commission itself has stated in its Better Regulation guidelines[\[21\]](#_ftn21){#_ftnref21}, all policy options that it pursues should be screened to verify their fundamental rights implications. This would imply that non-binding agreements should also be assessed in advance. Documents related to the standard operating procedure on 'non-binding instruments' agreed between the Commission, the European External Action Service (EEAS) and the Council of the EU, which were inspected by the Ombudsman inquiry team[\[22\]](#_ftn22){#_ftnref22}, do not state that non-binding agreements should not have a prior human rights assessment.

**34.**Against this background, it is clear that a prior HRIA, or equivalent exercise, was essential before concluding the MoU with Tunisia to set out measures to mitigate possible violations of human rights.

**35.** While the Commission said repeatedly that there was no need for a prior HRIA, it did complete a risk management exercise for Tunisia[\[23\]](#_ftn23){#_ftnref23} before the MoU was signed. This exercise took into account similar criteria to those used in standard prior HRIAs.[\[24\]](#_ftn24){#_ftnref24}

**36.** Despite this, the MoU refers only in general terms to respect for human rights, dignity and international law[\[25\]](#_ftn25){#_ftnref25} and does not contain any provisions on human rights safeguards, such as setting up a monitoring mechanism or provisions concerning suspension/termination of funding in case of human rights violations. As such, while the Ombudsman finds it reassuring that the Commission did in fact examine carefully and diligently the human rights impact in advance of signing the MoU, she remains convinced that a prior HRIA is preferable, particularly - as indicated above - it is usually made available for public scrutiny. The lack of publicly available information in this case, including through the Commission's reply to the Ombudsman's strategic initiative on this matter, was clearly a cause for concern. It is also impossible to overlook, in this context, the deeply disturbing reports that continue to emerge about the human rights situation in Tunisia, notably when it comes to the treatment of migrants. Sustained vigilance on the part of the Commission is therefore essential.

**37.**To address these transparency shortcomings, the Commission should publish on its website a summary of its risk management exercise for Tunisia. The Ombudsman will make a suggestion for improvement to address this below.

**38.** Based on the inspected documents[\[26\]](#_ftn26){#_ftnref26}, the Ombudsman understands that the implementation of the NDICI programmes constitutes a mitigation measure.[\[27\]](#_ftn27){#_ftnref27} In addition, the sample of reports inspected indicates that reporting on the implementation of the projects is sound. However, the 'General Conditions' of the contribution agreements with the Commission's implementing partners list only two situations where the contract might be suspended for violations of human rights.[\[28\]](#_ftn28){#_ftnref28} The Ombudsman agrees with the Commission that, before deciding to suspend a contract, all factors should be weighed up. However, for the sake of administrative clarity, the Commission should adopt detailed criteria laying down the 'exceptional' circumstances that may lead to the suspension of contracts. She will make a suggestion for improvement to address this below.

**39.** Based on the annual risk management exercise it would appear that there should be periodical assessments of the human rights impact of projects under the MoU once they start to be implemented.[\[29\]](#_ftn29){#_ftnref29} This could help to identify the long-term human rights impacts of each project.

**40.**The inspection carried out by the Ombudsman inquiry team showed that the Delegation of the EU in Tunisia provides the Commission with regular and thorough reports on the implementation of the MoU through its 'verification missions', which cover the human rights situation in Tunisia. The Commission itself carries out some monitoring through its own missions to Tunisia. External organisations implementing the contracts covered by the NDICI also monitor the human rights impact, in some cases together with the national authority of an EU Member State. In addition, the Delegation of the EU in Tunisia conducts 'results-oriented monitoring exercises' based on external assessments.

**41.** While all of these monitoring measures are valuable, they fall short of a formal standalone periodic HRIA. Much of the monitoring is carried out by external actors, with the results presented in different forms and in different documents which are not public.[\[30\]](#_ftn30){#_ftnref30} It is therefore hard for the public or accountability bodies, like the Ombudsman, to get a complete picture. The Commission should compile and update periodically a document reviewing how the human rights impact of each migration-related project/programme under the MoU has been monitored. This document should also be made public. The Ombudsman will make a suggestion for improvement to address this below.

**42.**Finally, the monitoring of human rights compliance cannot be fully effective without including those affected by such violations. The Commission should require its implementing partners, which ultimately play a major role in developing Tunisia's border management capabilities, to put in place complaint mechanisms allowing individuals to report alleged breaches of their human rights in the context of EU-funded projects/programmes. This could help monitor the human rights impact of the projects and enable the Commission to follow up on breaches. The Ombudsman will make a suggestion for improvement to this end below.

Conclusion
----------

Based on the inquiry, the Ombudsman closes this case with the following conclusion:

**The European Commission did not adopt a standalone human rights impact assessment (HRIA) before signing the MoU with Tunisia, and it has not carried out standalone periodical assessments of the impact of the actions implemented under the MoU. However,** **a risk management exercise conducted by the Commission before the MoU was signed goes some way towards remedying this. Various monitoring measures, as described by the Commission, should produce periodic assessments of the human rights impact of actions under the MoU.**

**The Ombudsman therefore considers that no further inquiries are justified but urges the Commission to follow up on the suggestions below.**

The Commission will be informed of this decision**.**

Suggestions for improvement
---------------------------

**1. The Commission should publish on its website a summary of the risk management exercise it conducted for Tunisia before it signed the MoU.**

**2. The Commission should compile, in a single document, information on the outcome of the human rights monitoring by the partners that implement projects on migration management under the NDICI-Global Europe in Tunisia that started after the MoU. This document should be regularly updated and made publicly available.**

**3. The Commission should set out the criteria on which the suspension of contracts due to violations of human rights in the implementation of EU-funded projects in Tunisia would be based. These criteria should be made public.**

**4. The Commission should encourage its implementing partners to set up complaint mechanisms for individuals to report alleged violations of their human rights in the implementation of EU-funded projects/programmes in Tunisia.**

Emily O'Reilly  
European Ombudsman

<br />

Strasbourg, 21/10/2024

[\[1\]](#_ftnref1){#_ftn1} <https://neighbourhood-enlargement.ec.europa.eu/european-neighbourhood-policy/countries-region/tunisia_en>

[\[2\]](#_ftnref2){#_ftn2} <https://eur-lex.europa.eu/EN/legal-content/summary/euro-mediterranean-association-agreement-between-the-eu-and-tunisia.html>

[\[3\]](#_ftnref3){#_ftn3} <https://neighbourhood-enlargement.ec.europa.eu/news/european-union-and-tunisia-agreed-work-together-comprehensive-partnership-package-2023-06-11_en>,

<https://neighbourhood-enlargement.ec.europa.eu/news/press-statement-president-von-der-leyen-italian-prime-minister-meloni-dutch-prime-minister-rutte-and-2023-06-11_en>

[\[4\]](#_ftnref4){#_ftn4} <https://ec.europa.eu/commission/presscorner/detail/en/ip_23_3887>

The Memorandum of Understanding was signed by the Commissioner for Neighbourhood and Enlargement and the Minister for Foreign Affairs, Immigration and Tunisians Abroad of Tunisia.

[\[5\]](#_ftnref5){#_ftn5} <https://neighbourhood-enlargement.ec.europa.eu/european-neighbourhood-policy/countries-region/tunisia_en>

<https://neighbourhood-enlargement.ec.europa.eu/funding-and-technical-assistance/neighbourhood-development-and-international-cooperation-instrument-global-europe-ndici-global-europe_en>

[\[6\]](#_ftnref6){#_ftn6} [https://www.ombudsman.europa.eu/en/doc/correspondence/en/183009](/en/doc/correspondence/en/183009)

[\[7\]](#_ftnref7){#_ftn7} The reply is available at: [https://www.ombudsman.europa.eu/en/doc/correspondence/en/183009](/en/doc/correspondence/en/183009)

[\[8\]](#_ftnref8){#_ftn8} Available at: [https://www.ombudsman.europa.eu/en/opening-summary/en/184858](/en/opening-summary/en/184858)

[\[9\]](#_ftnref9){#_ftn9} The Commission designated the report on the meeting and the annex with the list of inspected documents as confidential.

[\[10\]](#_ftnref10){#_ftn10} <https://ec.europa.eu/commission/presscorner/detail/en/MEMO_17_1263>

[\[11\]](#_ftnref11){#_ftn11} The most recent publicly-available version covers 2022: <https://www.eeas.europa.eu/sites/default/files/documents/2023/2022%20EU%20Annual%20Human%20Rights%20and%20Democracy%20Country%20Reports_0.pdf>

[\[12\]](#_ftnref12){#_ftn12} <https://international-partnerships.ec.europa.eu/funding-and-technical-assistance/guidelines/working-partner-organisations_en>

[\[13\]](#_ftnref13){#_ftn13} <https://neighbourhood-enlargement.ec.europa.eu/european-neighbourhood-policy/countries-region/tunisia_en>

[\[14\]](#_ftnref14){#_ftn14} <https://www.eeas.europa.eu/delegations/tunisia_en>

[\[15\]](#_ftnref15){#_ftn15} Notably the decision to conclude an MoU set out in the joint declaration, and nature of the decision-making process for adopting the MoU, including the role of the other institutions.

[\[16\]](#_ftnref16){#_ftn16} Charter of Fundamental Rights of the EU Article 51: <https://fra.europa.eu/en/eu-charter/article/51-field-application>

[\[17\]](#_ftnref17){#_ftn17} For instance recitals 28, 40 and 42 of the preamble. Regarding 'Migration, forced displacements and mobility', Annex II(3)(i) of the NDCI-GE Regulation sets out the objective of: "\[e\]*nsuring the protection, the respect and fulfilment of the human rights of all migrants, refugees, forcibly displaced persons and internally displaced persons, including those displaced due to climate change, paying special attention to vulnerable groups*".

[\[18\]](#_ftnref18){#_ftn18} Case 1409/2014/MHZ [https://www.ombudsman.europa.eu/en/decision/en/64308](/en/decision/en/64308); case 1026/2020/MAS [https://www.ombudsman.europa.eu/en/case/en/57236](/en/case/en/57236); case 1904/2021/MHZ [https://www.ombudsman.europa.eu/en/case/en/60368](/en/case/en/60368)

[\[19\]](#_ftnref19){#_ftn19} [https://www.ombudsman.europa.eu/en/decision/en/75160](/en/decision/en/75160)

[\[20\]](#_ftnref20){#_ftn20} In her recommendation in 1409/2014/MHZ (see footnote 18) the Ombudsman said that, when carried out correctly, a human rights impact assessment is an analytical tool that ensures that all necessary factors and circumstances have been taken into account in framing a policy. The human rights impact assessment tool identifies the sources of risks and the human rights impacts on the affected stakeholders at each stage of the implementation of the agreement concerned. Its role is preventive in the first place because, when negative impacts are identified, either the negotiated provisions need to be modified or mitigating measures have to be decided upon before the agreement is concluded.

[\[21\]](#_ftnref21){#_ftn21} Better Regulation guidelines: <https://commission.europa.eu/document/download/de79fb8e-4cc1-45a0-ac34-72f73a5147ca_en?filename=BRT-2023-Chapter%203-Identifying%20impacts%20in%20evaluations%20fitness%20checks%20and%20impact%20assessments.pdf> (page 244-250)

[\[22\]](#_ftnref22){#_ftn22} The Commission indicated that these documents are confidential.

[\[23\]](#_ftnref23){#_ftn23} The Commission indicated that these documents are confidential.

[\[24\]](#_ftnref24){#_ftn24} Para. 25 of the European Ombudsman's decision in case 1409/2014/MHZ: [https://www.ombudsman.europa.eu/nl/decision/en/64308](/nl/decision/en/64308)

As regards the HRIA methodology see: 'The European Commission's Guidelines on the analysis of human rights impacts in impact assessments for trade-related policy initiatives' at: <https://circabc.europa.eu/ui/group/7fc51410-46a1-4871-8979-20cce8df0896/library/991d8e1d-dbaa-49d6-8582-bb3aab2cab48/details>; the European Commission staff working paper 'Operational Guidelines on taking into account of Fundamental Rights in Commission's Impact Assessments' at: <https://commission.europa.eu/system/files/2017-09/opperational-guidance-fundamental-rights-in-impact-assessments_en.pdf>

Human Rights Due Diligence Policy on United Nations Support to Non-United Nations Security Forces - Guidance note at: <https://unsdg.un.org/sites/default/files/Inter-Agency-HRDDP-Guidance-Note-2015.pdf>

[\[25\]](#_ftnref25){#_ftn25} *"This approach shall be based on respect for human rights and shall include combating criminal networks of migrant smugglers and human traffickers(...) Both Parties agree (...) in accordance with international law."*

[\[26\]](#_ftnref26){#_ftn26} The Ombudsman inquiry team inspected a large volume of Commission documents during this inquiry. The Commission indicated that all these documents are confidential. The inspection covered NDICI projects that were ongoing when the MoU was signed. At the time of the inspection, there were no reports available on the implementation of contracts concluded after the MoU was signed.

[\[27\]](#_ftnref27){#_ftn27} For instance a project to provide training for the Tunisian coastguard, which includes a human rights component.

[\[28\]](#_ftnref28){#_ftn28} Article 11 of the General Conditions of Contribution Agreements: "*The Contracting Authority may also notify the Organisation of the suspension of the implementation of the Agreement if exceptional circumstances so require, **in particular** : (a) when a relevant EU Decision identifying a violation of human rights has been adopted; or (b) in cases **such as** crisis entailing a change of EU policy."*' (Emphasis added)

[\[29\]](#_ftnref29){#_ftn29} In her decision on the joint inquiry concerning complaints 506-509-674-784-927-1381/2016/MHZ, the Ombudsman emphasised that fundamental rights impact assessments also play an important role after the action concerned has already started.([https://www.ombudsman.europa.eu/en/decision/en/75160](/en/decision/en/75160)   
The Ombudsman drew similar conclusions in the decision on her own-initiative inquiry OI/3/2022/MHZ ([https://www.ombudsman.europa.eu/en/decision/en/170792](/en/decision/en/170792) (para 51).

[\[30\]](#_ftnref30){#_ftn30} The Commission's website concerning Tunisia only includes a factsheet about EU support for migration management in Tunisia, which does not refer to the EU support provided after the MoU was concluded. <https://neighbourhood-enlargement.ec.europa.eu/document/download/5fd60eeb-7748-4f29-bda6-de875be53317_en0>

The Document Repository of the Directorate-General for Neighbourhood Policy and Enlargement Negotiations does not appear to have any recent documents on projects in Tunisia under the NDICI-Global Europe programme. <https://neighbourhood-enlargement.ec.europa.eu/about-us/documents-repository_en>   
In its chapter on Tunisia, the *EU Annual Report on Human Rights and Democracy in the World* (see footnote 11) does not mention the Commission's partners implementing EU-funded programmes/projects.