Proposal for Council Decision concerning the conclusion of a Framework Agreement between the European Community and the Republic of Cyprus on the general principles for the participation of the Republic of Cyprus in Community programmes
Date: 2001-08-23
Institutions: European Commission
Subjects: Cyprus, EU programme, enlargement of the Union, framework agreement

30.10.2001

EN

Official Journal of the European Communities

C 304 E/335

Proposal for a Council Decision concerning the conclusion of a Framework Agreement between
the European Community and the Republic of Cyprus on the general principles for the partici-
pation of the Republic of Cyprus in Community programmes

(2001/C 304 E/25)

COM(2001) 481 final (cid:151) 2001/0193(AVC)

(Submitted by the Commission on 23 August 2001)

THE COUNCIL OF THE EUROPEAN UNION,

(7) The Agreement should be reviewed by the Commission at

Having regard to the Treaty establishing the European
Community, and in particular Articles 13, 61, 95, 129, 137,
149(3), 150(3), 151(3), 152(3), 153, 155(3), 157, 170, 174(4)
and 308, in conjunction with the second sentence of the first
subparagraph of Article 300(2), the second subparagraph of
Article 300(3), and Article 300(4) thereof,

Having regard to the proposal from the Commission,

Having regard to the assent of the European Parliament,

Whereas:

(1) The European Council

in Luxembourg in December 1997
considered that the accession of the Republic of Cyprus to
the European Union should benefit both communities in that
country and contribute to civil peace and reconciliation.

(2) The Luxembourg European Council made participation in
the Community programmes a way of stepping-up the
enhanced pre-accession strategy for candidate countries,
this participation being determined case-by-case. The
Luxembourg European Council also established a specific
pre-accession strategy for Cyprus which included partici-
agencies.
pation
Following the European Council meetings in Helsinki
in
December 1999 and,
in Nice in December
the case-by-case approach in this field could be
2000,
shifted to a far-reaching one embracing most of
the
Community programmes.

in particular,

programmes

Community

and

in

(3) In conformity with the negotiating directives adopted by
the Commission has
the Council on 5 June 2001,
negotiated on behalf of
the Community a Framework
Agreement with the Republic of Cyprus on the general
principles for its participation in Community programmes.

(4) With regard to some of the programmes covered by the
Agreement, the Treaty does not provide for powers other
than those under Article 308.

(5) The specific terms and conditions regarding the partici-
pation of
the Republic of Cyprus in the Community
programmes, including the financial contribution payable,
should be determined by the Commission on behalf of the
Community. For that purpose the Commission should be
assisted by a special committee appointed by the Council.

(6) The Republic of Cyprus may apply for financial assistance
for participation in Community programmes under Council
Regulation (EC) No 555/2000 of 13 March 2000 regarding
the implementation of operations in the framework of the
pre-accession strategy for the Republic of Cyprus and the
Republic of Malta (1).

regular intervals.

(8) The Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Framework Agreement between the European Community
and the Republic of Cyprus on the general principles for the
participation of
in Community
the Republic of Cyprus
programmes, is approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

1.
The Commission is authorised to determine, on behalf of
the Community, the specific terms and conditions, regarding
the participation of the Republic of Cyprus in each individual
programme, including the financial contribution payable. The
Commission shall be assisted in this
task by a special
committee appointed by the Council.

the Republic of Cyprus

external
2. Where
assistance,
the procedures provided for in Regulation (EC)
No 555/2000 and in similar Regulations providing for
Community external assistance to the Republic Cyprus that
may be adopted in the future, shall apply.

requests

Article 3

and

No later than three years after the date of entry into force of
the
the Agreement,
Commission
the
implementation
thereon to the Council. The report
Agreement and report
appropriate
shall be
proposals.

accompanied where necessary by

every
review the

thereafter,
of

years

three

shall

Article 4

is authorised to designate the
The President of the Council
person(s) empowered to sign the Agreement in order to bind
the Community.

Article 5

The President of
the
Community, give the notifications provided for in Article 9
of the Agreement (2).

shall, on behalf of

the Council

(1) OJ L 68, 16.3.2000, p. 3.

(2) The date of entry into force of the Agreement will be published in
the Official Journal of the European Communities by the General Secre-
tariat of the Council.

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Official Journal of the European Communities

30.10.2001

DRAFT FRAMEWORK AGREEMENT

between the European Community and the Republic of Cyprus on the general principles for the
participation of the Republic of Cyprus in Community programmes

THE EUROPEAN COMMUNITY, hereinafter referred to as (cid:145)the Community(cid:146)

of the one part, and

THE REPUBLIC OF CYPRUS, hereinafter referred to as (cid:145)Cyprus(cid:146),

of the other part,

Whereas:

(1) The European Council

in Luxembourg in December 1997 made participation in the Community
programmes a way of stepping-up the enhanced pre-accession strategy for candidate countries, this
participation being determined case-by-case. The Luxembourg European Council also established a
specific pre-accession strategy for Cyprus, which included participation in certain Community
programmes and agencies. Following the European Council meetings in Helsinki in December 1999
and, in particular, in Nice in December 2000, the case-by-case approach in this field could be shifted
to a far-reaching one embracing most of the Community programmes.

(2) Cyprus has expressed the wish to participate in a number of Community programmes.

(3) The specific terms and conditions,

including financial contribution, regarding the participation of
Cyprus in each particular programme should be determined by agreement between the European
Commission, acting on behalf of the Community, and the competent authorities of Cyprus,

HAVE AGREED AS FOLLOWS:

Article 1

Article 5

Cyprus may participate in all Community programmes opened
to participation of candidate countries of central and eastern
in accordance with the provisions adopting these
Europe,
programmes.

Article 2

Cyprus shall contribute financially to the European Union’s
budget corresponding to the specific programmes in which
Cyprus participates.

Article 3

Cyprus’s representatives shall be allowed to take part, as
in the
observers and for the points which concern Cyprus,
management
for monitoring the
programmes to which Cyprus will contribute financially.

committees

responsible

in each particular programme,

The specific terms and conditions regarding the participation
of Cyprus
including the
shall be determined by
financial
agreement between the European Commission, acting on
behalf of the Community, and the competent authorities of
Cyprus.

contribution payable,

If Cyprus applies for Community external assistance pursuant
to Council Regulation (EC) No 555/2000 of 13 March 2000
regarding the implementation of operations in the framework
of the pre-accession strategy for the Republic of Cyprus and
the Republic of Malta, or pursuant to any similar Regulation
providing for Community external assistance to Cyprus that
may be adopted in future, the conditions governing the use
by Cyprus of the Community assistance shall be determined in
a Financing Memorandum.

Article 4

Projects and initiatives submitted by participants from Cyprus
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 6

The Agreement shall apply for an indeterminate period. It may
be denounced by either Party by giving 6-months’ notice in
writing.

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Official Journal of the European Communities

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Article 7

Article 9

No later than three years after the date of entry into force of
thereafter, both
the Agreement,
and every three years
Contracting Parties may review the implementation of
the
Agreement on the basis of actual participation of Cyprus in
one or more Community programmes.

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.

Article 8

Article 10

The Agreement shall apply, on the one hand, to the territories
in which the Treaty establishing the European Community is
applied and under the conditions laid down in that Treaty and,
on the other, to the territory of the Republic of Cyprus.

The Agreement
Danish, German, Greek, English, French,
Portuguese, Finnish and Swedish languages, each of
texts being equally authentic.

is drawn up in duplicate in the Spanish,
Italian, Dutch,
these