2002/179/EC: Council Decision of 17 December 2001 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: 2001-12-17
Institutions: Council of the European Union
Subjects: EU programme, Türkiye, agreement (EU), enlargement of the Union, framework agreement

2.3.2002

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Official Journal of the European Communities

L 61/27

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 17 December 2001

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

(2002/179/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)

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.

in

participation

in Luxembourg in December
The European Council
1997 made
Community
the
programmes a way of stepping-up the enhanced pre-
accession strategy for candidate countries, such partici-
pation 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 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.

(3)

The Helsinki European Council 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 countries and the Union
in the context of the accession process.

(4)

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 Turkey on the general princi-
ples for its participation in Community programmes.

(5) With regard to some of the programmes covered by the
Agreement, the Treaty provides for no powers other
than those under Article 308.

(6)

(7)

The specific terms and conditions regarding the partici-
pation of the Republic of Turkey 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-
sion should be
committee
assisted by a
appointed by the Council.

special

The Republic of Turkey may apply for financial assis-
tance 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 form of economic and social structures in
the framework of
the Euro-Mediterranean partner-
ship (3), under Council Regulation (EC) No 764/2000 of
implementation of
10 April 2000 regarding the

(1) OJ C 304 E of 20.10.2001, p. 342.
(2) Opinion delivered on 11.12.2001 (not yet published in the Official

Journal).

(3) OJ L 189, 30.7.1996, p. 1. Regulation as last amended by Regula-

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

L 61/28

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Official Journal of the European Communities

2.3.2002

(8)

(9)

measures to intensify the EC-Turkey Customs Union (1),
or under Regulation (EC) No 257/2001 of the European
Parliament and of
the Council of 22 January 2001
regarding the implementation of measures to promote
economic and social development in Turkey (2).

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.

(10)

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

(11)

The Agreement should be approved,

the Republic of Turkey in Community
participation of
programmes, is hereby 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 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.

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

similar Regulations

providing

and

in

Article 3

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
report thereon to the Council. The report shall be accompa-
nied, where necessary, by appropriate proposals.

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 President of
the
Community, give the notifications provided for in Article 9 of
the Agreement (3).

shall, on behalf of

the Council

HAS DECIDED AS FOLLOWS:

Article 1

The Framework Agreement between the European Community
and the Republic of Turkey on the general principles for the

Done at Brussels, 17 December 2001.

For the Council

The President

A. NEYTS-UYTTEBROECK

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

(3) 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.