EXPLANATORY MEMORANDUM

As part of the European Neighbourhood Policy (ENP), the gradual opening up of certain European Union programmes and agencies to ENP partner countries is one of many measures to promote reform, modernisation and transition in the European Union’s neighbourhood. The Commission has expanded on this in its 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 its conclusions of 5 March 2007[2].

Further to this Communication and the subsequent 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 Council 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 emphasised the EU’s intention to facilitate partner countries’ participation in EU programmes.

To date, Protocols have been signed with Armenia[8], Georgia[9], Israel[10], Jordan[11], Moldova[12] Morocco[13] and Ukraine[14].

In December 2013, Lebanon expressed its interest in participating in the broad range of programmes open to partner countries of the ENP. The text of the Protocol negotiated with the Republic of Lebanon 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 the Republic of Lebanon in European Union programmes. It contains the standard stipulations that should be applied to all ENP partner countries with whom such protocols are to be concluded. The negotiated text also stipulates 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.

2014/0109 (NLE)

Proposal for a

COUNCIL DECISION

on the signing and provisional application, on behalf of the Union, of a Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, on a Framework Agreement between the European Union and the Republic of Lebanon on the general principles for the participation of the Republic of Lebanon 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) and Article 218(7) 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 Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part[15], on a Framework Agreement between the European Union and the Republic of Lebanon on the general principles for the participation of the Republic of Lebanon in Union programmes ("the Protocol").

(2) The negotiations have been concluded.

(3) The objective of the Protocol is to lay down the financial and technical rules enabling the Republic of Lebanon to participate in certain EU programmes. The horizontal framework established by the Protocol sets out principles for economic, financial and technical cooperation and allows the Republic of Lebanon to receive assistance, in particular financial assistance, from the European Union pursuant to the programmes. This framework applies only to those programmes for which the relevant constitutive legal acts provide for the possibility of the participation of the Republic of Lebanon. The signing and provisional application of the Protocol does not therefore entail the exercise of powers under the various sectoral policies, which are exercised when establishing the programmes.

(4) The Protocol should be signed on behalf of the European Union and it should be applied on a provisional basis pending the completion of the procedures for its conclusion,

HAS ADOPTED THIS DECISION:

Article 1

The signing of the Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, on a Framework Agreement between the European Union and the Republic of Lebanon on the general principles for the participation of the Republic of Lebanon in Union programmes (hereinafter referred to as “the Protocol”) is hereby approved on behalf of the Union, subject to the conclusion of the said Protocol.

The text of the Protocol is attached to this Decision.

Article 2

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

Article 3

The Protocol shall be applied on a provisional basis, in accordance with Article 10(2), as from the date of its signature, pending the procedures necessary for its conclusion.

The date of signature of the Protocol will be published in the Official Journal of the European Union.

Article 4

The Commission is authorised to determine, on behalf of the Union, the specific terms and conditions applicable to the participation of Lebanon in any given programme, including the financial contribution payable. The Commission shall keep the relevant working party of the Council informed.

Article 5

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] [to complete with OJ reference once published].

[10] OJEU L129/39 of 17.5.2008.

[11] [to complete with OJ reference once published].

[12] OJEU L14/5 of 19.1.2011, OJEU L131/1 of 18.5.2011, entry into force on 01.5.2011.

[13] OJEU L273/1 of 19.10.2010, OJEU L90/1 of 28.3.2012, entry into force on 01.10.2012.

[14] OJEU L18/1-5 of 21.1.2011, OJEU L133/1 of 20.5.2011, entry into force on 01.11.2011.

[15]

ANNEX PROTOCOL on a Framework Agreement between the European Union and the Republic of Lebanon on the general principles for the participation of the Republic of Lebanon in Union programmes

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

of the one part,

and

THE REPUBLIC OF LEBANON, hereinafter referred to as “Lebanon”

of the other part,

hereinafter jointly referred to as “the Parties”,

Whereas:

(1) The Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, hereinafter referred to as “the Euro-Mediterranean Agreement”[1], was signed in Brussels on 1 April 2002 and entered into force on 1 April 2006;

(2) The 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 other occasions, endorsed that policy in its conclusions.

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

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

(6) The specific terms and conditions regarding the participation of Lebanon in each particular Union programme, in particular, the financial contribution to be paid by Lebanon as well as reporting and evaluation procedures, should be determined by agreement between the European Commission and the competent authorities of Lebanon,

HAVE AGREED AS FOLLOWS:

Article 1

Lebanon shall be allowed to participate in all current and future Union programmes which are open to the participation of Lebanon under the relevant provisions adopting those programmes.

Article 2

Lebanon shall make financial contributions to the general budget of the European Union corresponding to the specific programmes in which Lebanon participates.

Article 3

Lebanon’s representatives shall be allowed to take part, as observers and for the points which concern Lebanon, in the management committees responsible for monitoring the Union programmes to which Lebanon makes financial contributions.

Article 4

Projects and initiatives submitted by participants from Lebanon 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

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

2. In the event that Lebanon applies for external assistance of the Union to participate in a given Union programme on the basis of Article 3 of Regulation (EU) No 232/2014 of the European Parliament and of the Council of 11 March 2014 establishing a European Neighbourhood Instrument or pursuant to any similar Regulation providing for external assistance of the Union to Lebanon that may be adopted in the future, the conditions governing the use by Lebanon of external assistance of the Union shall be determined in a financing agreement.

Article 6

1. 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[2], that financial control or audits or other verifications, including administrative investigations shall be carried out by, or under the authority of, the European Commission, the European Anti-Fraud Office and the Court of Auditors.

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

Article 7

1. This Protocol shall apply for the period for which the the Euro-Mediterranean Agreement is in force.

2. This Protocol shall be signed and approved by the Parties in accordance with their respective procedures.

3. Either Party may renounce this Protocol by written notification to the other Party. This Protocol shall terminate six months after the date of such notification. The termination of the Protocol due to renunciation by any of the Parties shall not affect the checks and controls to be carried out, where appropriate, in accordance with Articles 5 and 6.

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 Lebanon 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 that Treaty, and, on the other hand, to the territory of Lebanon.

Article 10

1. 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.

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

Done at Brussels,

For the European Union For the Republic of Lebanon

[1] Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part. (OJEU L 143, 30.05.2006 p.2)

[2] 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 (OJEU L 298, 26.10.2012, p. 1.).