2002/39/EC: Council Decision of 17 December 2001 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: 2001-12-17
Institutions: Council of the European Union
Subjects: EU programme, Malta, agreement (EU), framework agreement

L 17/54

EN

Official Journal of the European Communities

19.1.2002

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

(2002/39/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)

The Republic of Malta's decision to reactivate its applica-
tion for accession to the European Union was welcomed
at the European Council in Vienna in 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

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, this participa-
tion being determined case-by-case. Following the Euro-
pean Council meetings in Helsinki in December 1999
and,
the
case-by-case approach in this field could be shifted to a
more
the
one
far-reaching
Community programmes.

in Nice in December 2000,

embracing most

in particular,

of

The Helsinki European Council 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 Euro-
pean strategy, the Republic of Malta, like other candidate

(1) OJ C 304 E, 30.10.2001, p. 338.
(2) Opinion delivered on 11.12.2001 (not yet published in the Official

Journal).

countries, benefits from a pre-accession strategy to
prepare for accession,
including the opportunity to
participate in Community programmes and agencies.

(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 Malta 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)

(8)

The specific terms and conditions regarding the partici-
the Republic of Malta in the Community
pation of
programmes,
in particular the financial contribution
payable, should be determined by the Commission on
behalf to the Community. For that purpose the Commis-
sion should be
committee
assisted by a
appointed by the Council.

special

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 on the implementation of operations in the frame-
work 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.

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

19.1.2002

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Official Journal of the European Communities

L 17/55

(9)

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 in 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,

HAS DECIDED AS FOLLOWS:

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 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 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

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

Article 1

Article 5

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 hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

The Commission is authorised to determine, on behalf of
1.
the Community, the specific terms and conditions regarding
the participation of the Republic of Malta in each individual

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

shall, on behalf of

the Council

Done at Brussels, 17 December 2001.

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.