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

C 304 E/342

EN

Official Journal of the European Communities

30.10.2001

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

(2001/C 304 E/27)

COM(2001) 481 final (cid:151) 2001/0195(AVC)

(Submitted by the Commission on 23 August 2001)

THE COUNCIL OF THE EUROPEAN UNION,

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 Resolution of the EU-Turkey Association Council of
6 March 1995 looked forward to initiatives being taken
in a number of fields to broaden the scope of EU-Turkey
including possible participation in certain
cooperation,
Community programmes.

(2) 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. At the same time, a European Strategy for
the Republic of Turkey was established which allowed the
same possibility for that country. Following the European
Council meetings in Helsinki
in
particular,
the case-by-case
approach in this field could be shifted to a far-reaching
one embracing most of the Community programmes.

in Nice in December 2000,

in December 1999 and,

(4) 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 Turkey on the general
principles for its participation in Community programmes.

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

(6) The specific terms and conditions regarding the partici-
the Republic of Turkey in the Community
pation of
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.

(7) The Republic of Turkey may apply for financial assistance
for participation in Community programmes under Council
Regulation (EC) No 1488/96 of 23 July 1996 on financial
and technical measures to accompany (MEDA) the reform
of economic and social structures in the framework of the
Euro-Mediterranean partnership (1), under Council Regu-
lation (EC) No 764/2000 of 10 April 2000 regarding the
implementation of measures to intensify the EC-Turkey
Customs Union (2), or under Council Regulation (EC)
No 257/2001 of 22 January 2001 regarding the implemen-
tation of measures to promote economic and social devel-
opment in Turkey (3).

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

regular intervals.

(9) The Agreement should be approved,

HAS DECIDED AS FOLLOWS:

(3) The Helsinki European Council of December 1999 stated
that the Republic of Turkey is a candidate country destined
to join the Union on the basis of the same criteria applied
to the other candidate countries, and that, building on the
existing European Strategy, the Republic of Turkey,
like
other candidate States, will benefit from a pre-accession
strategy to stimulate and support its reforms and that the
Republic of Turkey will also have the opportunity to
participate in Community programmes and agencies and
in meetings between candidate States and the Union in
the context of the accession process.

Article 1

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

(1) OJ L 189, 30.7.1996, p. 1,

last amended by Regulation (EC)

No 2698/2000 (OJ L 311, 12.12.2000, p. 1).

(2) OJ L 94, 14.4.2000, p. 6.
(3) OJ L 39, 9.2.2001, p. 1.

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The text of the Agreement is attached to this Decision.

Article 3

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 Turkey 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 Turkey

external
2. Where
assistance,
the procedures provided for in Regulation (EC)
No 1488/96, in Regulation (EC) No 764/2000, in Regulation
(EC) No 257/2001, and in similar Regulations providing for
Community external assistance to the Republic of Turkey that
may be adopted in the future, shall apply.

requests

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
shall be
accompanied, where necessary, by appropriate
proposals.

every
review the

thereafter,
of

years

three

shall

Article 4

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

Article 5

the
The President of
Community, give the notifications provided for in Article 9
of the Agreement (1).

shall, on behalf of

the Council

(1) 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 Turkey on the general principles for the
participation of the Republic of Turkey in Community programmes

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

of the one part, and

THE REPUBLIC OF TURKEY, hereinafter referred to as (cid:145)Turkey(cid:146),

of the other part,

Whereas:

(1) The Resolution of the EU-Turkey Association Council of 6 March 1995 looked forward to initiatives
being taken in a number of fields to broaden the scope of EU-Turkey cooperation, including possible
participation in certain Community programmes.

(2) 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. At the same time, a European Strategy for Turkey was
established which allowed the same possibility for that country. 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.

(3) The Helsinki European Council of December 1999 stated that Turkey is a candidate country destined to
join the Union on the basis of the same criteria applied to the other candidate countries, and that,
building on the existing European strategy, Turkey,
like other candidate States, will benefit from a
pre-accession strategy to stimulate and support its reforms, including the opportunity to participate in
Community programmes and agencies and that the Republic of Turkey will also have the opportunity
to participate in Community programmes and agencies and in meetings between candidate States and
the Union in the context of the accession process.

(4) Turkey has expressed the wish to participate in a number of Community programmes.

(5) The specific terms and conditions,

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

HAVE AGREED AS FOLLOWS:

Article 1

Turkey 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

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

Article 3

Turkey’s representatives
observers and for the points which concern Turkey,

shall be allowed to take part, as
in the

management
programmes to which Turkey will contribute financially.

committees

responsible

for monitoring the

Article 4

Projects and initiatives submitted by participants from Turkey
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 Turkey in each particular programme, including the financial
contribution payable, will be determined by agreement between
the European Commission, acting on behalf of the Community,
and the competent authorities of Turkey.

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If Turkey applies for Community external assistance on the
basis of Council Regulation (EC) No 390/2001 of 26 February
2001 on assistance to Turkey in the framework of
the
pre-accession strategy and in particular on the establishment
of an Accession Partnership pursuant to Council Regulation
(EC) No 1488/96 of 23 July 1996 on financial and technical
measures to accompany (MEDA) the reform of economic and
social structures in the framework of the Euro-Mediterranean
partnership, or Council Regulation (EC) No 764/2000 of
10 April 2000 regarding the implementation of measures to
intensify the EC-Turkey Customs Union, or Council Regulation
(EC) No 257/2001 of 22 January 2001 regarding the
implementation of measures to promote economic and social
development in Turkey, or pursuant to any similar Regulation
providing for Community external assistance to Turkey that
may be adopted in future, the conditions governing the use
by Turkey of the Community assistance shall be determined in
a Financing Memorandum.

Article 6

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

Article 7

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 Turkey in
one or more Community programmes.

Article 8

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 Turkey.

Article 9

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 10

is drawn up in duplicate in the Spanish,
The Agreement
Danish, German, Greek, English, French,
Italian, Dutch,
Portuguese, Finnish Swedish and Turkish languages, each of
these texts being equally authentic.