# EUR-Lex - 52012PC0518 - EN

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# 52012PC0518

**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 Armenia, of the other part, on a Framework Agreement between the European Union and the Republic of Armenia on the general principles for the participation of the Republic of Armenia in Union programmes /* COM/2012/0518 final - 2012/0247 (NLE) */**

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EXPLANATORY MEMORANDUM

As part of the European Neighbourhood
Policy, the gradual opening-up of certain Union programmes and agencies to the
participation of European Neighbourhood Policy 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 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 European Neighbourhood Policy 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 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.

To date,
Protocols were signed with Israel[8],
Morocco[9],
Moldova[10]
and Ukraine[11].
A Protocol has also been negotiated, but not yet signed, with Jordan.

In April 2012,
Armenia 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 Armenia 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 Armenia 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 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 of the said Protocol.

The Council is invited to adopt the
following proposed Decision.

2012/0247 (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 Armenia, of the other
part, on a Framework Agreement between the European Union and the Republic of
Armenia on the general principles for the participation of the Republic of
Armenia in Union programmes

THE
COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Articles
114, 168, 169, 172, 173(3), 188 and 192, 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 Armenia, of the other part, on a
Framework Agreement between the European Union and Republic of Armenia on
the general principles for the participation of the Republic of Armenia 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 Armenia, of the other part, on a Framework Agreement between the European Union Republic of
Armenia on the general principles for the participation of Republic of Armenia in
Union programmes (“the Protocol”) is hereby approved on behalf of the Union[12].

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[13].

Article 3

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

Done at,

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 the Republic of
Armenia, of the other part, on a Framework Agreement between the European Union
and the Republic of Armenia on the general principles for the participation of
the Republic of Armenia in Union programmes

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

of the one
part,

and

The Republic of Armenia, hereinafter referred to as “Armenia”

of the other
part,

hereinafter
referred to as “the Parties”

Whereas:

(1)          Armenia
has concluded a Partnership and Cooperation Agreement between the European Communities
and their Member States, of the one part, and Armenia, 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, repeatedly concluded in favour of this 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 European Neighbourhood
Policy partners to participate in Community agencies and Community programmes
on their merits and where the legal bases so allow.

(5)          Armenia 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 Armenia in each
particular programme should be determined in a Memorandum of Understanding between
the European Commission and the competent authorities of Armenia,

HAVE AGREED AS FOLLOWS:

Article 1

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

Article 2

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

Article 3

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

Article 4

Projects and initiatives submitted by participants from Armenia
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 Armenia in each particular programme,
in particular the financial contribution payable and reporting and evaluation procedures,
shall be determined in a Memorandum of Understanding between the European Commission
and the competent authorities of Armenia on the basis of the criteria
established by the programmes concerned.

If Armenia
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 Armenia that may be adopted
in the future, the conditions governing the use by Armenia 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 Memorandum of Understanding concluded pursuant to Article 5,
shall stipulate, in accordance with the Council Regulation (EC, Euratom) No
1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general
budget of the European Communities, 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 Contracting
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 under the provisions
laid down as provided 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 Armenia 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 Armenia.

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.

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, Irish, Italian, Latvian, Lithuanian, Maltese,
Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Armenian
languages, each of these texts being equally authentic.

Done at
Brussels,

For the European Union       
For the Republic of Armenia

[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]               OJEU L129/39 of 17.5.2008.

[9]               OJEU L273/1 of 19.10.2010.

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

[11]             OJEU L18/1-5 of 21.01.2011, OJEU L133/1 of 20.05.2011.

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

[13]             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.