# EUR-Lex - 52013PC0865 - EN

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# 52013PC0865

**Proposal for a COUNCIL DECISION on the conclusion of a Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, on a Framework Agreement between the European Union and the Republic of Azerbaijan on the general principles for the participation of the Republic of Azerbaijan in Union programmes /* COM/2013/0865 final - 2013/0420 (NLE) */**

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EXPLANATORY MEMORANDUM

As part of the European Neighbourhood
Policy (ENP), the gradual opening-up of certain Union programmes and agencies
to the participation of ENP partner countries represents one of many measures
to promote reform, modernisation and transition in the European Union’s
neighbourhood. The Commission outlined this policy aspect more extensively in
its Communication of December 2006 “on the general approach to enable European
Neighbourhood Policy partner countries to participate in Community agencies and
Community programmes”[1].

The Council endorsed this approach in
conclusions on 5 March 2007[2].

Based upon this Communication and those
conclusions, the Council, on 18 June 2007, issued directives to the Commission
to negotiate Framework Agreements with Algeria, Armenia, Azerbaijan, Egypt,
Georgia, Israel, Jordan, Lebanon, Moldova, Morocco, the Palestinian Authority,
Tunisia and Ukraine, on the general principles for their participation in
Community programmes[3].

The June 2007 European Council[4] reaffirmed the
paramount importance of the ENP and endorsed a Presidency Progress Report[5] that had been submitted
to the General Affairs and External Relations Council (GAERC) meeting on 18/19
June 2007 as well as the related Council Conclusions[6]. This report recalled
the Council directives to negotiate relevant additional protocols.

The Joint
Communication by the Commission and the High Representative of the European
Union for Foreign Affairs and Security Policy “A new response to a changing
Neighbourhood”[7],
endorsed by Council Conclusions on 20 June 2011, further stressed the EU’s
intention to facilitate partner countries’ participation in EU programmes.

In September
2011, the participants of the Eastern Partnership’s
Warsaw Summit agreed to facilitate participation by partner countries in EU
programmes and agencies.

To date,
Protocols have been signed with Armenia[8],
Israel[9],
Jordan[10],
Moldova[11]
Morocco[12],
and Ukraine[13].

In October 2012,
Azerbaijan expressed its interest to participate in the broad range of
programmes open to partner countries of the European Neighbourhood Policy. The
text of the Protocol negotiated with Azerbaijan is attached.

The Commission herewith submits a proposal
for a Council Decision on the conclusion of the Protocol. This Protocol
contains a Framework Agreement on the general principles for the participation
of Azerbaijan in Union programmes. It contains standard stipulations that are
intended to be applied to all European Neighbourhood Policy partner countries
with which such protocols are to be concluded.

According to Article 218(6)(a) of the
Treaty on the Functioning of the European Union, the European Parliament shall
be requested to give its consent to the conclusion of this Protocol.

In parallel, the Commission submits a proposal
for a Council Decision on the signature and provisional application of the said
Protocol.

The Council is invited to adopt the
following proposed Decision.

2013/0420 (NLE)

Proposal for a

COUNCIL DECISION

on the conclusion of a Protocol to the
Partnership and Cooperation Agreement between the European Communities and
their Member States, of the one part, and the Republic of Azerbaijan, of the
other part, on a Framework Agreement between the European Union and the
Republic of Azerbaijan on the general principles for the participation of the
Republic of Azerbaijan in Union programmes

THE
COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article
212, in conjunction with Article 218(6)(a) thereof

Having regard to the proposal from the European
Commission,

Having regard to the consent of the
European Parliament,

Whereas:

(1)       The Protocol to the Partnership
and Cooperation Agreement between the European Communities and their Member
States, of the one part, and the Republic of Azerbaijan, of the other part, on
a Framework Agreement between the European Union and the Republic of Azerbaijan
on the general principles for the participation of the Republic of Azerbaijan in
Union programmes ("the Protocol") was signed on behalf of the Union
on ...

(2)       The Protocol should be approved,

HAS ADOPTED THIS DECISION:

Article 1

The Protocol to
the Partnership and Cooperation Agreement between the
European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, on a Framework Agreement between the European Union and the Republic
of Azerbaijan on the general principles for the participation of the Republic
of Azerbaijan in Union programmes (“the Protocol”) is hereby approved on behalf
of the Union[14].

The text of the
Protocol is attached to this Decision.

Article 2

The President of the Council shall, on
behalf of the Union, give the notification provided for in Article 10 of the
Protocol[15].

Article 3

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

Done at Brussels,

For
the Council

The
President

[1]               COM (2006) 724 final of 4 December 2006.

[2]               GAERC conclusions of 5 March 2007.

[3]               Council Decision (restricted) authorising the
Commission to negotiate Protocols [...], Doc 10412/07.

[4]               Presidency Conclusions – Brussels, 21/22 June 2007,
Doc 11177/07.

[5]               Presidency Progress Report on “Strengthening the
European Neighbourhood Policy”, Doc 10874/07.

[6]               Conclusions on Strengthening the European
Neighbourhood Policy, adopted by the Council (General Affairs and External
Relations) on 18 June 2007, Doc 11016/07.

[7]               COM (2011) 303 final of 25 May 2011.

[8]               [to complete with OJ reference once published]

[9]               OJEU L129/39 of 17.5.2008;

[10]             [to complete with OJ reference once published]

[11]             OJEU L14/5 of 19.01.2011, OJEU L131/1 of 18.05.2011,
entry into force on 01.05.2011;

[12]             OJEU L273/1 of 19.10.2010, OJEU L90/1 of 28.03.2012,
entry into force on 01.10.2012;

[13]             OJEU L18/1-5 of 21.01.2011, OJEU L133/1 of 20.05.2011,
entry into force on 01.11.2011

[14]             The Protocol has been published
in [...] together with the decision on signature.

[15]             The date of entry into force of
the Protocol will be published in the Official Journal of the European Union
by the General Secretariat of the Council.

ANNEX

PROTOCOL

to the

COUNCIL DECISION

on the conclusion of a Protocol to
the Partnership and Cooperation Agreement between the European Communities and
their Member States, of the one part, and the Republic of Azerbaijan, of the
other part, on a Framework Agreement between the European Union and the
Republic of Azerbaijan on the general principles for the participation of the
Republic of Azerbaijan in Union programmes

THE EUROPEAN UNION, hereinafter referred to
as “the Union”,

of the one
part,

and

THE REPUBLIC OF AZERBAIJAN, hereinafter referred to as “Azerbaijan”

of the other
part,

hereinafter
jointly referred to as “the Parties”

Whereas:

(1)          Azerbaijan
has concluded a Partnership and Cooperation Agreement between the European Communities
and their Member States, of the one part, and Azerbaijan, of the other part,
(hereinafter referred to as “the Agreement”), which entered into force on 1
July 1999.

(2)          The Brussels European
Council of 17 and 18 June 2004 welcomed the European Commission’s proposals for
a European Neighbourhood Policy (ENP) and endorsed the Council conclusions of
14 June 2004.

(3)          The Council has, on
numerous further occasions, concluded in favour of that policy.

(4)          The Council, on 5 March
2007, expressed support for the general and global approach outlined in the European
Commission’s Communication of 4 December 2006 to enable ENP partners to
participate in Community agencies and Community programmes on their merits and
where the legal bases so allow.

(5)          Azerbaijan has expressed
its wish to participate in a number of Union programmes.

(6)          The specific terms and
conditions, in particular, the financial contribution and reporting and
evaluation procedures, regarding the participation of Azerbaijan in each particular programme should be determined in agreement between the European Commission
and the competent authorities of Azerbaijan,

HAVE AGREED AS FOLLOWS:

Article 1

Azerbaijan shall be allowed to
participate in all current and future programmes of the Union opened to the
participation of Azerbaijan in accordance with the relevant provisions adopting
those programmes.

Article 2

Azerbaijan shall contribute
financially to the general budget of the European Union corresponding to the
specific programmes in which Azerbaijan participates.

Article 3

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

Article 4

Projects and initiatives submitted by participants from Azerbaijan shall, as far as possible, be subject to the same conditions, rules and
procedures pertaining to the programmes concerned as applied to Member States.

Article 5

The specific
terms and conditions regarding the participation of Azerbaijan in each
particular programme, in particular the financial contribution payable as well
as reporting and evaluation procedures, shall be determined by agreement
between the European Commission and the competent authorities of Azerbaijan on
the basis of the criteria established by the programmes concerned.

If Azerbaijan
applies for external assistance of the Union 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 pursuant to any similar Regulation
providing for external assistance of the Union to Azerbaijan that may be
adopted in the future, the conditions governing the use by Azerbaijan of
external assistance of the Union shall be determined in a financing agreement,
respecting in particular Article 20 of Regulation (EC) No 1638/2006.

Article 6

Each agreement concluded pursuant to Article 5, shall stipulate, in accordance
with Regulation (EU, EURATOM) No 966/2012 of the European Parliament and of the
Council of 25 October 2012 on the financial rules applicable to the general
budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002,
that financial control or audits or other verifications, including
administrative investigations will be carried out by, or under the authority
of, the European Commission, the European Anti-Fraud Office and the Court of
Auditors.

Detailed provisions shall be made on financial control and auditing,
administrative measures, penalties and recovery enabling the European
Commission, the European Anti-Fraud Office, and the Court of Auditors to be
granted powers equivalent to their powers with regard to beneficiaries or
contractors established in the Union.

Article 7

This Protocol
shall apply for the period for 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 terminate six months after the date of such notification.

Termination of
the Protocol following denunciation by any of the Parties shall have no
influence on the checks and controls to be carried out, where appropriate, in
accordance with the provisions laid down in Articles 5 and 6 where appropriate.

Article 8

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

Article 9

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 this Treaty, and, on the other
hand, to the territory of Azerbaijan.

Article 10

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 procedures necessary for its
entry into force.

Pending
its entry into force, the Parties agree to provisionally apply this Protocol
from the date of its signature, pending its conclusion at a later date.

Article 11

This Protocol shall form an integral part
of the Agreement.

Article 12

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

Done at Brussels,

For the European Union         
For the Republic of Azerbaijan