# EUR-Lex - 52013PC0536 - EN

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# 52013PC0536

**Proposal for a COUNCIL DECISION on the signing and provisional application, on behalf of the Union, of a Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Georgia, of the other part, on a Framework Agreement between the European Union and Georgia, on the general principles for the participation of Georgia in Union programmes /* COM/2013/0536 final - 2013/0258 (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 December
2012, Georgia expressed its
interest to participate in the broad range of programmes open to partner
countries of the ENP. The text of the Protocol negotiated with Georgia is
attached.

The Commission herewith submits a proposal
for a Council Decision on the signing of the Protocol. This Protocol contains a
Framework Agreement on the general principles for the participation of Georgia
in Union programmes. It contains standard stipulations that are intended to be
applied to all ENP partner countries with whom such protocols are to be
concluded. The negotiated text also foresees that the Parties shall
provisionally apply the provisions of this Protocol from the date of its
signature.

In parallel, the Commission submits a
proposal for a Council Decision on the conclusion of the said Protocol.

The Council is invited to adopt the following
proposed Decision.

2013/0258 (NLE)

Proposal for a

COUNCIL DECISION

on the signing and provisional
application, on behalf of the Union, of a Protocol to the Partnership and
Cooperation Agreement between the European Communities and their Member States,
of the one part, and Georgia, of the other part, on a Framework Agreement
between the European Union and Georgia, on the general principles for the
participation of Georgia 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(5)thereof

Having regard to the proposal from the
European Commission,

Whereas:

(1)       On 18 June 2007 the
Council authorised the Commission to negotiate a Protocol to the Partnership
and Cooperation Agreement between the European Communities and their Member
States, of the one part[14],
and Georgia, of the other part, on a Framework Agreement between the
European Union and Georgia on the general principles for the participation
of Georgia in Union programmes ("the Protocol"),

(2)       The negotiations have been
concluded.

(3)       The Protocol should be
signed on behalf of the Union, subject to its conclusion.

HAS ADOPTED THIS DECISION:

Article 1

The signing of
the Protocol to the Partnership and Cooperation Agreement
between the European Communities and their Member States, of the one part, and Georgia, of the other part, on a Framework Agreement between the European Union and Georgia on
the general principles for the participation of Georgia in Union programmes
(hereinafter referred to as “the Protocol”) is hereby authorised, subject to its
conclusion[15].

Article 2

The President of the Council is hereby
authorised to designate the person(s) empowered to sign the Protocol on behalf
of the Union.

Article 3

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

Done at Brussels,

For
the Council

The
President

PROTOCOL

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

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

of the one
part,

and

GEORGIA, hereinafter referred to as “Georgia”

of the other
part,

hereinafter
jointly referred to as “the Parties”

Whereas:

(1)          Georgia has concluded a Partnership and Cooperation Agreement between the
European Communities and their Member States, of the one part, and Georgia, 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)          Georgia 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 Georgia in each
particular programme should be determined in an agreement between the European Commission
and the competent authorities of Georgia,

HAVE AGREED AS FOLLOWS:

Article 1

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

Article 2

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

Article 3

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

Article 4

Projects and initiatives submitted by participants from Georgia 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 Georgia in each particular programme, in particular the financial
contribution payable as well as reporting and evaluation procedures, shall be
determined by an agreement between the European Commission and the competent
authorities of Georgia on the basis
of the criteria established by the programmes concerned.

If Georgia 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 Georgia that may be adopted in the future, the conditions governing the use
by Georgia 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 Georgia 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 Georgia.

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, Czech, Danish, Dutch, English, Estonian, Finnish,
French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese,
Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Georgian languages,
each text being equally authentic.

Done at Brussels,

For the European Union        
For Georgia

[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]             OJEU L205, 04.08.1999, p.3.

[15]             The text of the Protocol will
be published together with the decision on its conclusion