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

C 304 E/338

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 Malta on the general principles for the participation
of the Republic of Malta in Community programmes

(2001/C 304 E/26)

COM(2001) 481 final (cid:151) 2001/0194(AVC)

(Submitted by the Commission on 23 August 2001)

THE COUNCIL OF THE EUROPEAN UNION,

Agreement with the Republic of Malta on the general prin-
ciples for its participation in Community programmes.

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 Republic of Malta’s decision to reactivate

its
application for accession to the European Union was
welcomed at
in
the European Council
December 1998 and in February 1999 the Commission
submitted an updated version of its 1993 opinion on the
Republic of Malta’s application for membership.

in Vienna

(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. 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 the Republic of Malta is a candidate country destined
to join the Union on the basis of the same criteria applied
to the other candidate countries. Building on the existing
European strategy,
like other
candidate States, benefits from a pre-accession strategy to
prepare
including the opportunity to
participate in Community programmes and agencies.

the Republic of Malta,

accession,

for

(4) In conformity with the negotiating directives adopted by
the Commission has
the Community a Framework

the Council on 5 June 2001,
negotiated on behalf of

(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-
pation of
the Republic of Malta 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.

(7) The Republic of Malta 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).

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

regular intervals.

(9) The Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Framework Agreement between the European Community
and the Republic of Malta on the general principles for the
participation of
in Community
the Republic of Malta
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 Malta 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.

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

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

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 3

and

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

every
review the

thereafter,
of

years

three

shall

Article 5

The President of
the
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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DRAFT FRAMEWORK AGREEMENT

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

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

of the one part, and

THE REPUBLIC OF MALTA, hereinafter referred to as (cid:145)Malta(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. 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) The Helsinki European Council of December 1999 stated that Malta is a candidate country destined to
join the Union on the basis of the same criteria applied to the other candidate countries. Building on
the existing European strategy, Malta, like other candidate States, benefits from a pre-accession strategy
to prepare for accession, including the opportunity to participate in Community programmes and
agencies.

(3) Malta has expressed the wish to participate in a number of Community programmes.

(4) The specific terms and conditions, including financial contribution, regarding the participation of Malta
in each particular programme should be determined by agreement between the European Commission,
acting on behalf of the Community, and the competent authorities of Malta,

HAVE AGREED AS FOLLOWS:

Article 1

Article 4

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

Article 2

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

Article 3

representatives

Malta’s
observers and for the points which concern Malta,
management
programmes to which Malta will contribute financially.

shall be allowed to take part, as
in the
for monitoring the

committees

responsible

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

procedures

and

the

to

Article 5

The specific terms and conditions regarding the participation
of Malta in each particular programme, including the financial
contribution payable,
shall be determined by agreement
between the European Commission, acting on behalf of the
Community, and the competent authorities of Malta.

If Malta 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 Malta that may
be adopted in future, the conditions governing the use by
Malta of the Community assistance shall be determined in a
Financing Memorandum.

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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 Malta 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 Malta.

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

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