2002/78/EC: Council Decision of 17 December 2001 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: 2001-12-17
Institutions: Council of the European Union
Subjects: Cyprus, EU programme, accession to the European Union, agreement (EU), financing of the EU budget, framework agreement

5.2.2002

EN

Official Journal of the European Communities

L 34/17

COUNCIL DECISION

of 17 December 2001

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

(2002/78/EC)

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(4), 150(4), 151(5), 152(4), 153(4), 156, 157, 166, 175(1)
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 (1),

Having regard to the assent of the European Parliament (2),

Whereas:

(1)

(2)

(3)

in Luxembourg in December
The European Council
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.

That European Council made participation in the
Community programmes a way of stepping-up the
enhanced pre-accession strategy for candidate countries,
such participation being determined case-by-case. That
Council also established a specific pre-accession strategy
for Cyprus which included participation in 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 more far-
reaching one embracing most of
the Community
programmes.

In accordance with the negotiating directives adopted by
the Council on 5 June 2001, the Commission has nego-
tiated on behalf of the Community a Framework Agree-
ment with the Republic of Cyprus on the general princi-
ples for its participation in Community programmes.

(4) With regard to some of the programmes covered by the
Agreement, the Treaty provides for no 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,
in particular the financial contribution
payable, should be determined by the Commission on
behalf of the Community. For that purpose the Commis-

(1) OJ C 304 E, 30.10.2001, p. 335.
(2) Opinion delivered on 11 December 2001 (not yet published in the

Official Journal).

(6)

(7)

(8)

sion should be
appointed by the Council.

assisted by a

special

committee

The Republic of Cyprus may apply for financial assis-
tance for participation in Community programmes
under Council Regulation (EC) No 555/2000 of 13
March 2000 on the implementation of operations in the
framework of the pre-accession strategy for the Republic
of Cyprus and the Republic of Malta (3).

Denmark, in accordance with Articles 1 and 2 of the
Protocol on the position of Denmark, annexed to the
Treaty on European Union and to the EC Treaty, is not
participating in the part of this Council decision adopted
with reference to Title IV of the EC Treaty, and Denmark
is not bound by this part of this Council decision nor
subject to its application.

The United Kingdom and Ireland intend to participate in
the adoption of the Council Regulation establishing a
general framework for Community activities to facilitate
the implementation of a European judicial area in civil
matters and when it is adopted, the United Kingdom and
Ireland will be bound by it and subject to its application.
In respect of any future Community instrument adopted
under Title IV of the EC Treaty, implementing or estab-
lishing any future Community programme, the United
Kingdom and Ireland will only be bound by the part
relating to Title IV of the EC Treaty of this Council
Decision and subject to its application,
if the United
Kingdom and Ireland are bound by that instrument in
accordance with the Protocol on the position of the
United Kingdom and Ireland annexed to the Treaty on
European Union and to the EC Treaty.

(9)

The Agreement should be reviewed by the Commission
at regular intervals.

(10)

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
in Community
the Republic of Cyprus
participation of
programmes is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

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

L 34/18

EN

Official Journal of the European Communities

5.2.2002

Article 2

report thereon to the Council. The report shall be accompanied
where necessary by appropriate proposals.

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
in particular the financial contribution payable.
programme,
The Commission shall be assisted in this task by a special
committee appointed by the Council.

2. Where the Republic of Cyprus requests external assis-
tance, 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.

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 (1).

shall, on behalf of

the Council

Article 3

Done at Brussels, 17 December 2001.

No later than three years after the date of entry into force of
the Agreement, and every three years thereafter, the Commis-
sion shall review the implementation of the Agreement and

For the Council

The President

A. NEYTS-UYTTEBROECK

(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.