# EUR-Lex - 52013PC0218 - EN

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# 52013PC0218

**Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union, of a Framework Agreement between the European Union and Kosovo( on the general principles for the participation of Kosovo in Union programmes /* COM/2013/0218 final - 2013/0114 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

In its 2009 Communication 'Kosovo*
– Fulfilling its European Perspective' the European Commission recommended to
examine the opportunity of a Framework Agreement with Kosovo on the general
principles of its participation in Union programmes, and on this basis prepare
negotiating directives. The European Commission adopted its proposal for
negotiating directives in March 2011 and submitted it to the Council. The
Foreign Affairs Council adopted the proposal for negotiating directives on 22
October 2012. The General Affairs Council of 11 December 2012 welcomed the European
Commission's on-going efforts to negotiate a Framework Agreement with Kosovo
concerning its participation in Union programmes and its intention to come back
to the Council in the first half of 2013. Kosovo confirmed its agreement with
the draft Framework Agreement in writing on 16 January 2013.

2.           LEGAL ELEMENTS OF THE
PROPOSAL

The legal basis for this proposal is
Article 212 of the Treaty on the Functioning of the European Union, in
conjunction with Article 218 (5) TFEU. The substantive legal basis is Article
212 TFEU considering that the aim and the content of the measure are to carry
out economic, financial and technical cooperation with Kosovo in the sense of
that Article.

2013/0114 (NLE)

Proposal for a

COUNCIL DECISION

on the signing, on behalf of the European
Union, of a Framework Agreement between the European Union and Kosovo* on the general
principles for the participation of Kosovo 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)       The December 2007 European
Council underlined that the Union stands ready to play a leading role in
strengthening stability in the region, stated the Union's readiness to assist
Kosovo in the path towards sustainable stability and confirmed that the Union
is ready to assist economic and political development through a clear European
perspective, in line with the European perspective of the region.

(2)       The December 2009 General
Affairs Council welcomed the European Commission's October 2009 communication
'Kosovo – Fulfilling its European Perspective'[1]
and invited it to take the necessary measures to support Kosovo's progress
towards the Union in line with the European perspective of the region. It
attached importance to measures related to trade and visa, and encouraged the European
Commission to open up for Kosovo taking part in Union programmes, integrating
Kosovo into the economic and fiscal surveillance framework, activating the Instrument
for Pre-accession Assistance's second component and strengthening the
Stabilisation and Association Process dialogue.

(3)       The December 2010 General
Affairs Council looked forward to a European Commission proposal that will
allow Kosovo's participation in Union programmes. The European Commission
issued its proposal in March 2011.

(4)       The December 2011 General
Affairs Council confirmed its commitment to find an agreement on Kosovo's
participation in Union programmes, without prejudice to Member States'
positions on status.

(5)       On 22 October 2012 the
Council authorised the European Commission to open negotiations with Kosovo on
its participation in Union programmes. The European Commission has negotiated,
on behalf of the Union, a Framework Agreement on the general principles for the
participation of Kosovo in Union programmes.

(6)       Kosovo has expressed the
wish to participate in a number of Union programmes.

(7)       The aim of the agreement
is to carry out economic, financial and technical cooperation with Kosovo in
the sense of Article 212 TFEU.

(8)       The specific terms and
conditions, including the relevant financial contribution, for the
participation of Kosovo in each particular programme should be determined by
agreement between the European Commission, acting on behalf of the European
Union, and the authorities of Kosovo.

(9)       The signature of this
Framework Agreement does not prejudge the position of Member States of the Union on the status of Kosovo, which will be decided in accordance with their national
practice and international law.

(10)     The Agreement should be
signed on behalf of the Union, subject to its conclusion at a later date.

HAS ADOPTED THIS DECISION:

Article 1

The signing, on behalf of the Union, of the Framework Agreement between the European Union and Kosovo on the
general principles for the participation of Kosovo in Union programmes ('the
Agreement') is hereby approved, subject to the conclusion of the said
Agreement.

The text of the Agreement to be signed is
attached to this Decision.

Article 2

The Council Secretariat General shall
establish the instrument of full powers to sign the Agreement, subject to its
conclusion, for the person(s) indicated by the negotiator of the Agreement.

Article 3

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

Done at Brussels,

For
the Council

The
President

ANNEX

Draft Framework Agreement

between the European Union and Kosovo on
the general principles for the participation of Kosovo in Union programmes

THE EUROPEAN UNION, hereinafter referred to
as "the Union",

of the one part, and

KOSOVO, hereinafter referred to as
"Kosovo",

of the other part, together hereinafter
referred to as 'the Contracting Parties',

Whereas:

(1)
The December 2007 European Council underlined
that the Union stands ready to play a leading role in strengthening stability
in the region, stated the Union's readiness to assist Kosovo in the path
towards sustainable stability and confirmed that the Union is ready to assist
economic and political development through a clear European perspective, in
line with the European perspective of the region.

(2)
The December 2009 General Affairs Council
welcomed the European Commission's October 2009 Communication 'Kosovo –
Fulfilling its European Perspective'[2]
and invited it to take the necessary measures to support Kosovo's progress
towards the Union in line with the European perspective of the region. It
attached importance to measures related to trade and visa, and encouraged the European
Commission to open up for Kosovo taking part in Union programmes, integrating
Kosovo into the economic and fiscal surveillance framework, activating the Instrument
for Pre-accession Assistance's second component and strengthening the
Stabilisation and Association Process dialogue.

(3)
The December 2010 General Affairs Council looked
forward to a European Commission proposal that will allow Kosovo's
participation in Union programmes. The European Commission issued its proposal
in March 2011.

(4)
The December 2011 General Affairs Council
confirmed its commitment to find an agreement on Kosovo's participation in Union programmes, without prejudice to Member States' positions on status.

(5)
The October 2012 Foreign Affairs Council
authorised the European Commission to open negotiations on a Framework Agreement
on behalf of the Union with Kosovo concerning its participation in Union
programmes.

(6)
Kosovo has expressed the wish to participate in
a number of Union programmes.

(7)
Article 212 TFEU refers to economic, financial
and technical cooperation measures with third countries other than developing
countries.

(8)
The specific terms and conditions, including the
relevant financial contribution, for the participation of Kosovo in each
particular programme should be determined by agreement between the European
Commission, acting on behalf of the European Union, and the authorities of
Kosovo.

(9)
The signature and conclusion of this Framework
Agreement does not prejudge the position of Member States of the Union on the status of Kosovo, which will be decided in accordance with their national
practice and international law.

HAVE AGREED AS FOLLOWS:

Article 1

Kosovo shall be eligible to participate in the
following Union programmes:

(a)        existing Union programmes which
are listed in the Annex and their successor programmes, which are open to candidate
countries and potential candidate countries benefiting from the pre-accession
strategy for the Western Balkans, in accordance with the provisions of these
programmes, once the Framework Agreement (hereinafter 'the Agreement') enters
into force;

(b)        Union programmes established or
renewed after the entry into force of the Agreement and which contain an
opening clause which provides for the participation of Kosovo.

Kosovo shall be able to participate in step
with its commitments to adopt and apply standards in the areas relevant to the
programme concerned and the progress made in that respect.

Article 2

Kosovo shall contribute financially to the
general budget of the European Union in proportion to the specific programmes
in which it participates.

Article 3

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

Article 4

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

Article 5

The specific terms and conditions regarding
the participation of Kosovo in each particular programme, in particular the
financial contribution payable, will be determined by agreement between the
European Commission, acting on behalf of the European Union, and the Kosovo
authorities.

If Kosovo applies for European Union
pre-accession assistance on the basis of the Instrument for Pre-Accession
Assistance[3],
or pursuant to any similar Regulation providing for European Union external
assistance to Kosovo that may be adopted in future, the conditions governing
the use by Kosovo of European Union assistance shall be determined in a
Financing Agreement.

Article 6

The agreement referred to in the first subparagraph
of Article 5 shall stipulate, in accordance with the European Union's Financial
Regulation that financial control or audits are to be carried out by, or under
the authority of, the European Commission, the European Anti-Fraud Office
(OLAF) and the Court of Auditors of the European Union.

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

Article 7

The Agreement shall apply for an
indeterminate period.

The Agreement may be terminated by either
Party by giving six months' notice in writing.

Article 8

The Contracting Parties may review the
Agreement for the first time no later than three years after the date of its
entry into force, and every three years thereafter, on the basis of the
experience gained from Kosovo's actual participation in one or more Union
programmes.

Article 9

The Agreement shall apply to the territory
in which the Treaty on European Union and the Treaty on the Functioning of the
European Union are applicable and to the territory of Kosovo.

Article 10

The Agreement shall enter into force on the
day on which the Contracting Parties have notified each other of the completion
of their respective procedures for the entry into force.

Article 11

The Agreement is drawn up in duplicate in
the Bulgarian, Spanish, Czech, Danish, German, Estonian, Greek, English,
French, Irish, Italian, Latvian, Lithuanian, Hungarian, Maltese, Dutch, Polish,
Portuguese, Romanian, Slovak, Slovenian, Finnish, Swedish, Albanian and
Serbian languages. Each of the language versions is equally authentic.

Done at Brussels on the XXX in the year
YYY.

For the European Union

The President

ANNEX

LIST
OF CURRENT UNION PROGRAMMES REFERRED TO IN ARTICLE 1

–
European Earth monitoring programme (GMES)[4]

–
Framework programme on Solidarity and the
Management of Migration Flows for the period 2007-2013[5]

–
Fiscalis 2013[6]

–
Customs 2013[7]

–
Entrepreneurship and Innovation Programme[8]

–
Community Programme for Employment and Social
Solidarity – PROGRESS[9]

–
Programme of Community Action in the Field of
Consumer Policy[10]

–
GALILEO Programme[11]

–
SESAR Programme and Joint Undertaking[12]

–
Intelligent Energy-Europe Programme[13]

–
ICT Policy Support Programme[14]

–
Interoperability solutions for European public
administrations (ISA)[15]

–
LIFE+[16]

–
Public Health[17]

–
Lifelong Learning[18]

–
Culture[19]

–
Europe for Citizens[20]

–
European Audiovisual Sector (MEDIA 2007)[21]

–
Pericles (2002-2013)[22]

–
Youth in Action[23]

–
Research and Innovation [24]

–
Knowledge for Growth[25]

*               This designation is without
prejudice to positions on status, and is in line with UNSCR 1244/1999 and the
ICJ Opinion on the Kosovo declaration of independence.

[1]               COM(2009)534
of 14.10.2009.

[2]               COM(2009)534 of 14.10.2009.

[3]               OJ L210 of 31.7.2006.

[4]               Regulation (EU) No 911/2010 of the European
Parliament and of the Council of 22.9.2010 on the European Earth monitoring
programme (GMES) and its initial operations (2011 to 2013).

[5]               Communication of the Commission to the Council and
the European Parliament establishing a framework programme on Solidarity and
the Management of Migration Flows for the period 2007-2013 (COM(2005) 123 of
6.4.2005), and the proposals for decisions of the European Parliament and
Council establishing the: - European Fund for the Integration of Third-country
nationals for the period 2007-2013; - European Refugee Fund for the period
2008-2013; - External Borders Fund for the period 2007-2013; - European Return
Fund for the period 2007-2013.

[6]               Decision No
1482/2007/EC of the
European Parliament and of the Council of 11.12.2007 establishing a Community
programme to improve the operation of taxation systems in the internal market
(Fiscalis 2013), COM (2006) 202 final of 17.5.2006.

[7]               Decision No 624/2007/EC of the European Parliament
and of the Council of 23.5.2007 establishing an action programme for customs in
the Community (Customs 2013), OJ L 154 of 14.6.2007, p. 25.

[8]               Part of the Competitiveness and Innovation Framework
Programme, Decision (EC) No 1639/2006 of the European Parliament and of the
Council of 24.10.2006 establishing a Competitiveness and Innovation Framework
Programme 2007-2013, OJ L 310 of 9.11.2006, p. 15.

[9]               Decision No 1672/2006/EC of the European Parliament
and of the Council of 24.10.2006 establishing a Community Programme for
Employment and Social Solidarity, OJ L 315 of 15.11.2006, p. 1.

[10]             Decision No 1926/2006/EC of the European Parliament and
of the Council of 18.12.2006 establishing a Programme of Community Action in
the field of Consumer Policy 2007-2013, OJ L 404 of 30.12.2006, p. 39.

[11]             Regulation (EU)
No 912/2010 of the European Parliament and of the Council of 22.9.2010
setting up the European GNSS Agency, repealing Council Regulation (EC)
No 1321/2004 on the establishment of structures for the management of the
European satellite radio navigation programmes and amending Regulation (EC) No 683/2008 of the European
Parliament and of the Council, OJ L276 of 20.10.2010.

[12]             Council Regulation (EC)
No 219/2007 of 27 February 2007 on the establishment of a Joint
Undertaking to develop the new generation European air traffic management
system (SESAR) OJ L 64 of 2.3.2007, p. 1.

[13]             Part of the Competitiveness and Innovation Framework
Programme, Decision (EC) No
1639/2006 of the European Parliament and of the Council of 24.10.2006
establishing a Competitiveness and Innovation Framework Programme (2007-2013),
OJ L 310 of 9.11.2006, p. 15.

[14]             Part of the Competitiveness and Innovation Framework
Programme, Decision (EC) No 1639/2006 of the European Parliament and of the
Council of 24.10.2006 establishing a Competitiveness and Innovation Framework
Programme (2007-2013), OJ L 310 of 9.11.2006, p. 15.

[15]             Decision No 922/2009/EC of the
European Parliament and of the Council of 16 September 2009 on interoperability
solutions for European public administrations (ISA), OJ
L 260, 3.10.2009, p. 20.

[16]             Regulation (EC) No 614/2007 of the European Parliament
and of the Council of 23.5.2007 concerning the Financial Instrument for the
Environment (LIFE+), OJ L 149 of 9.6.2007, p. 1.

[17]             Decision No
1350/2007/EC of the European Parliament and of the Council of 23.10.2007
establishing a second programme of Community action in the field of health
(2008-2013), OJ L 301 of 20.11.2007, p. 3.

[18]             Decision No 1720/2006/EC of the European Parliament and
of the Council of 15.11.2006 establishing an Action Programme in the field of
Lifelong Learning, OJ L 327 of 24.11.2006, p. 45.

[19]             Decision No
1903/2006/EC of the European Parliament and of the Council of
12.12.2006 establishing the Culture Programme (2007-2013), OJ L 378 of
27.12.2006, p. 22.

[20]             Decision No 1904/2006/EC
of the European Parliament and of the Council of 12.12.2006 establishing for the period 2007-2013 the programme "Europe for
Citizens" to promote active European citizenship,
OJ L 378 of 27.12.2006, p. 32.

[21]             Decision No
1718/2006/EC of the European Parliament and of the Council of
15.11.2006 concerning the implementation of a programme of support for the European audiovisual sector (MEDIA 2007), OJ L 327 of 24.11.2006, p. 12.

[22]             Council Decision 2006/75/EC of 30 January 2006 amending
and extending Decision (EC) 2001/923 establishing an exchange, assistance and
training programme for the protection of the Euro against counterfeiting (the
“Pericles” programme), OJ L 36 of 8.2.2006, p. 40.

[23]             Decision No 1719/2006/EC
of the European Parliament and of the Council of 15.11.2006 establishing the
Youth in Action programme for the period 2007 to 2013, OJ L 327, 24.11.2006, p.
30.

[24]             The Seventh Framework Programme of the European
Community for research, technological development and demonstration activities
(2007-2013), OJ L 400 of 30.12.2006.

[25]             The Seventh Framework Programme of European Atomic
Energy Community (Euratom) for nuclear research and training activities (2007-2011)
as renewed by Council Decision of 19.12.2011 concerning the Framework Programme
of the European Atomic Energy Community for nuclear research and training
activities (2012-2013), OJ L 47 of 18.2.2012.