Proposal for a Council Decision concerning the signing of a Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, on a Framework Agreement between the European Community and the former Yugoslav Republic of Macedonia on the general principles for the participation of the former Yugoslav Republic of Macedonia in Community programmes
Date: 2004-10-27
Institutions: European Commission
Subjects: EU programme, North Macedonia, agreement (EU), framework agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 27.10.2004 
COM(2004) 729 final 

Proposal for a 
COUNCIL DECISION 
concerning the signing of a Framework Agreement between the European Community 
and Albania on the general principles for the participation of Albania in Community 
programmes 

Proposal for a 
COUNCIL DECISION 
concerning the signing of a Framework Agreement between the European Community 
and Bosnia and Herzegovina on the general principles for the participation of Bosnia 
and Herzegovina in Community programmes 

Proposal for a 
COUNCIL DECISION 
concerning the signing of a Framework Agreement between the European Community 
and the Republic of Croatia on the general principles for the participation of the 
Republic of Croatia in Community programmes 

Proposal for a 
COUNCIL DECISION 
concerning the signing of a Protocol to the Stabilisation and Association Agreement 
between the European Communities and their Member States, of the one part, and the 
former Yugoslav Republic of Macedonia, of the other part, on a Framework Agreement 
between the European Community and the former Yugoslav Republic of Macedonia on 
the general principles for the participation of the former Yugoslav Republic of 
Macedonia in Community programmes 

Proposal for a 
COUNCIL DECISION 
concerning the signing of a Framework Agreement between the European Community 
and Serbia and Montenegro on the general principles for the participation of Serbia and 
Montenegro in Community programmes 

(presented by the Commission) 

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1. 

2. 

3. 

4. 

5. 

EXPLANATORY MEMORANDUM 

The  "Thessaloniki  Agenda  for  the  Western  Balkans:  moving  towards  European 
integration",  endorsed  at  the  European  Council  on  20  June  2003,  confirmed  the 
European prospects of the Western Balkan countries participating in the stabilisation 
and association process (SAP). To give them a practical and operational foothold in 
the  EU,  the  Agenda  provides  for  Community  programmes  to  be  opened  up  to  the 
SAP countries along the lines established for the participation of candidate countries.  

In its communication of 3 December 2003 entitled “Preparing for the participation of 
the  Western  Balkan  countries  in  Community  programmes  and  agencies”,1  the 
Commission  advocated  following  the  approach  taken  with  Cyprus,  Malta  and 
Turkey2 and concluding with Albania, Bosnia and Herzegovina, Croatia, the former 
Yugoslav Republic of Macedonia and Serbia and Montenegro framework agreements 
laying  down  the  general  principles  governing  each  country’s  participation  in 
Community programmes. In the case of Croatia and the former Yugoslav Republic of 
Macedonia,  the  framework  agreement  will  be  an  integral  part  of  their  Stabilisation 
and Association Agreements (SAA). 

On  5 March 2004  the  Commission  sent  the  Council  a  recommendation  for  the 
adoption  of  negotiating  directives,  and  on  29 April 2004  the  Council  adopted  the 
decision  authorising  the  Commission  to  negotiate  framework  agreements  with 
Albania, Bosnia and Herzegovina, the Former Yugoslav Republic of Macedonia and 
Serbia  and  Montenegro  on  their  participation  in  Community  programmes  and 
approving negotiating directives. 

The framework agreements have been negotiated in accordance with the negotiating 
directives annexed to the Council’s decision of 29 April 2004. The negotiations have 
resulted  in  the  draft  framework  agreements  annexed  to  this  communication.  These 
framework agreements have been initialled by the authorised representatives of both 
parties. Agreements were initialled with Albania on 2 September 2004, with Bosnia 
and  Herzegovina  on  30  September 2004,  with  Croatia  on  30 July 2004,  with  the 
former  Yugoslav  Republic  of  Macedonia  on  25  October 2004  and  with  Serbia  and 
Montenegro on 4 October 2004.  

The  draft  framework  agreements  lay  down  the  general  principles  and  the  general 
terms  and  conditions  for  the  participation  of  the  Western  Balkan  countries  in 
Community programmes, and in particular: 

(a) 

the Community programmes concerned: programmes now running are listed in 
Annex I;  future  programmes  must  include  a  clause  providing  for  the 
participation of the Western Balkan countries; 

(b) 

the  principle  of  a  prior  contribution  to  the  Community  budget  and  the 
application of financial control and audit rules; 

1 
2 

COM(2003) 748 of 3.12.2003. 
OJ L 34, 5.2.2002 (Cyprus); OJ L 17, 19.1.2002 (Malta); OJ L 61, 2.3.2002 (Turkey). 

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(c) 

(d) 

(e) 

(f) 

the  invitation  of  representatives  of  the  signatory  countries  to  attend,  as 
observers, meetings of the programme committees on issues that concern them; 

the  application,  where  possible,  to  projects  and  initiatives  submitted  by 
participants  from  the  signatory  countries  of  the  same  conditions,  rules  and 
procedures pertaining to the programmes concerned as are applied to Member 
States,  especially  with  regard  to  the  submission,  assessment  and  selection  of 
applications and projects; 

the  application  of  the  framework  agreements  for  an  indeterminate  period, 
subject to a traditional denunciation clause; 

the subsequent drafting, in memoranda of understanding between the European 
Commission  and  the  authorities  of  the  signatory  countries,  of  detailed 
arrangements  for  their  participation  in  a  given  Community  programme, 
including the specific duration of such participation. 

6. 

In the light of the above considerations, the Commission proposes that the Council: 

– 

– 

decide  to  sign,  on  behalf  of  the  European  Community,  the  framework 
agreements  between  the  European  Community  and  Albania,  Bosnia  and 
Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia and Serbia 
and Montenegro respectively, and 

authorise  the  President  of  the  Council  to  designate  the  person  empowered  to 
sign on behalf of the European Community. 

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Proposal for a 

COUNCIL DECISION 

concerning the signing of a Framework Agreement between the European Community 
and Albania on the general principles for the participation of Albania in Community 
programmes 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Articles 
13, 71, 80, 95, 127, 137, 149, 150, 151, 152, 153, 157, 166, 175, 280 and 308 in conjunction 
with the second sentence of the first subparagraph of Article 300(2) thereof, 

Having regard to the proposal from the Commission,1 

Whereas: 

(1) 

(2) 

The Commission has negotiated on behalf of the Community a Framework Agreement 
with Albania on the general principles for its participation in Community programmes. 

Subject to its conclusion at a later date, the agreement initialled on 2 September 2004 
should be signed, 

HAS DECIDED AS FOLLOWS: 

Sole Article 

Subject to its conclusion at a later date, the President of the Council is hereby authorised to 
designate  the  person  empowered  to  sign,  on  behalf  of  the  European  Community,  the 
Framework  Agreement  between  the  European  Community  and  Albania  on  the  general 
principles for the participation of Albania in Community programmes. 

Done at Brussels,  

For the Council 
The President 

1 

OJ C […], […], p. […]. 

EN 

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FRAMEWORK AGREEMENT 

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

THE  EUROPEAN  COMMUNITY,  hereinafter  referred  to  as  ‘the  Community’,  on  the  one 
part,  and  the  REPUBLIC  OF  ALBANIA,  hereinafter  referred  to  as  ‘Albania’,  on  the  other 
part, both parties hereinafter referred to as “the Contracting Parties” 

Whereas: 

1. 

2. 

3. 

4. 

5. 

The  European  Council  in  Copenhagen  in  December  2002  confirmed  the  European 
perspective  of  the  countries  of  the  Western  Balkans,  as  potential  candidates,  and 
underlined its determination to support their efforts to move closer to the European 
Union. 

The  European  Council  in  Thessaloniki  in  June  2003  acknowledged  that  the 
Stabilisation  and  Association  Process  will  remain  the  framework  for  the  European 
course  of  the  Western  Balkan  countries  all  the  way  to  their  future  accession  and 
endorsed  "The  Thessaloniki  Agenda  for  the  Western  Balkans:  moving  towards 
European  integration",  which  aims  to  further  strengthen  the  privileged  relations 
between the EU and the Western Balkans drawing on the enlargement experience. 

The  Thessaloniki  Agenda  invited  the  Western  Balkan  countries  to  participate  in 
Community  programmes  and  agencies  in  line  with  the  principles  laid  down  for 
participation  by  the  candidate  countries,  aiming  to  familiarise  the  countries 
concerned  and  their  people  with  the  policies  and  working  methods  of  the  EU,  thus 
anchoring  them  more  firmly  to  the  EU  and  encouraging  them  on  the  path  towards 
European integration. 

Albania  has  expressed  its  wish  to  participate  in  a  number  of  Community 
programmes. 

The  specific  terms  and  conditions,  including  financial  contribution,  regarding  the 
participation  of  Albania  in  each  particular  programme  should  be  determined  by 
agreement between the Commission of the European Communities, acting on behalf 
of the Community, and the Government of Albania, 

HAVE AGREED AS FOLLOWS: 

Albania shall be allowed to participate in the following Community programmes: 

Article 1 

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1. 
The running Community programmes which are listed in Annex I, which are open to 
the  participation  of  Albania  once  the  present  agreement  (hereinafter  referred  to  as  ‘the 
Agreement’) enters into force.  

Community  Programmes  established  or  renewed  after  the  entry  into  force  of  the 
2. 
Agreement and which contain an opening clause which foresees the participation of Albania.  

Albania  shall  contribute  financially  to  the  general  budget  of  the  European  Union 
corresponding to the specific programmes in which it participates.  

Article 2 

Article 3 

Albania’s representatives shall be allowed to take part, as observers and for the points which 
concern Albania, in the management committees responsible for monitoring the programmes 
to which Albania contributes financially. 

Article 4 

Projects  and  initiatives  submitted  by  participants  from  Albania  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  Albania  in  each  particular 
programme, in particular the financial contribution payable, will be determined by agreement, 
in the form of a Memorandum of Understanding, between the Commission, acting on behalf 
of the Community, and the Government of Albania. 

If Albania applies for Community external assistance on the basis of Council Regulation (EC) 
No 2666/2000 of 5 December 2000, as amended by Council Regulation (EC) No 2415 of 10 
December  2001  on  assistance  for  Albania,  Bosnia  and  Herzegovina,  Croatia,  the  Federal 
Republic of Yugoslavia and the former Yugoslav Republic of Macedonia or pursuant to any 
similar  Regulation  providing  for  Community  external  assistance  to  Albania  that  may  be 
adopted in future, the conditions governing the use by Albania of the Community assistance 
shall be determined in a financing agreement. 

Article 6 

The  Memorandum  of  Understanding  shall  stipulate,  in  accordance  with  the  Community’s 
financial  regulation,  that  financial  control  or  audits  will  be  carried  out  by,  or  under  the 
authority  of,  the  European  Commission,  OLAF  and  the  Court  of  Auditors  of  the  European 
Communities.  

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Detailed provisions shall be made on financial control and auditing, administrative measures, 
penalties and recovery enabling the European Commission, OLAF and the Court of Auditors 
to  be  granted  powers  equivalent  to  their  powers  with  regard  to  beneficiaries  or  contractors 
established in the Community.  

The Agreement shall apply for an indeterminate period. 

Article 7 

Either  Contracting  Party  may  denounce  this  Agreement  by  written  notification  to  the  other 
Contracting  Party.  This  Agreement  shall  terminate  six  months  after  the  date  of  such 
notification. 

Article 8 

No later than three years after the date of entry into force of this Agreement, and every three 
years thereafter, both Contracting Parties may review the implementation of this Agreement 
on the basis of actual participation of Albania in one or more Community programmes. 

Article 9 

This  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 hand, to the territory of Albania. 

Article 10 

This  Agreement  shall  enter  into  force  on  the  date  of  receipt  of  the  last  written  notification 
through  diplomatic  channels  by  which  each  Contracting  Party  informs  the  other  that  its 
procedure for the entry into force of this Agreement has been completed. 

Article 11 

1. 
The  Agreement  is  drawn  up  in  duplicate  in  the  Czech,  Danish,  Dutch,  English, 
Estonian,  Finnish,  French,  German,  Greek,  Hungarian,  Italian,  Latvian,  Lithuanian,  Polish, 
Portuguese, Slovak, Slovenian, Spanish, Swedish and Albanian languages.  

2. 
Once the institutions of the European Union will be bound to publish all official acts 
in Maltese in the Official Journal of the European Union, the agreement will also be drawn up 
in duplicate in Maltese. 

3. 

Each of the language texts is equally authentic. 

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Done at  

For the Government of the 
Republic of Albania 

For the European Community 

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LIST OF RUNNING COMMUNITY PROGRAMMES REFFERED TO IN ARTICLE 1 

ANNEX I 

Combating Discrimination (2001-2006)1 

Combating Social Exclusion (2002-2006)2 

Community actions in support of consumer policy (2004-2007)3 

Community  action  programme  to  promote  bodies  active  at  European  level  and 
support specific activities in the field of education and training (2004-2006)4 

Community action programme to promote active European citizenship (2004-2006)5 

Community action in the field of public health (2003-2008)6 

Culture 2000 (2000-2006)7 

Customs (2003-2007)8 

Daphne II programme (2004-2008)9 

eContent Plus (2004-2008)10 

eLearning (2004-2006)11 

Erasmus Mundus (2004-2008)12 

Fiscalis programme (2003-2007)13 

Gender Equality (2001-2006)14 

Hercule programme (2004-2006)15 

Intelligent Energy Europe (2003-2006)16 

Life (2000-2006)17  

Leonardo da Vinci II (2000-2006)18  

Marco Polo Programme (2003-2010)19 

Media Plus20 / Media Training21 (2001-2006) 

Safer Internet plus (2005-2008)22 

Sixth RTD Framework Programme (2002-2006)23  

Socrates II (2000-2006)24  

Youth (2000-2006)25  

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

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1Cf. Council Decision No 2000/750/EC of 27 November 2000 establishing a Community action programme to 
combat discrimination (2001 to 2006) - OJ L 303/2000 
2 Cf. Decision No 50/2002/EC of the European Parliament and of the Council of 7 December 2001 establishing a 
programme of Community action to encourage cooperation between Member States to combat social exclusion - 
OJ L 10/2002 
3 Cf. Decision No 20/2004/EC of the European Parliament and of the Council of 8 December 2003 establishing a 
general framework for financing Community actions in support of consumer policy for the years 2004 to 2007 
(Text with EEA relevance) -OJ L 05/2004 
4 Cf. Decision No 791/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a 
Community action programme to promote bodies active at European level and support specific activities in the 
field of education and training - OJ L 138/2004 
5 Cf. Council Decision No 2004/100/EC of 26 January 2004 establishing a Community action programme to 
promote active European citizenship (civic participation) - OJ L 030/2004 
6 Cf. Decision No 1786/2002/EC of the European Parliament and of the Council of 23 September 2002 adopting 
a programme of Community action in the field of public health (2003-2008) - OJ L 271/2002 
7 Cf. Decision No 508/2000/EC of the European Parliament and of the Council of 14 February 2000 establishing 
the Culture 2000 programme - OJ L 63/2000 and Decision No 626/2004/EC of the European Parliament and of 
the Council of 31 March 2004 amending Decision No 508/2000/EC establishing the Culture 2000 programme 
(Text with EEA relevance) - OJ L 99/2004 
8 Cf. Decision No 253/2003/EC of the European Parliament and of the Council of 11 February 2003 adopting an 
action programme for customs in the Community (Customs 2007) - OJ L 36/2003 
9  Cf.  Decision  No  803/2004/EC  of  the  European  Parliament  and  of  the  Council  of  21  April  2004  adopting  a 
programme of Community action (2004 to 2008) to prevent and combat violence against children, young people 
and women and to protect victims and groups at risk (the Daphne II programme) - OJ L 143/2004 
10 awaiting adoption – Cf. COM [2004] 96 – 2004/0025/COD 
11 Cf. Decision No 2318/2003/EC of the European Parliament and of the Council of 5 December 2003 adopting a 
multiannual programme (2004 to 2006) for the effective integration of information and communication 
technologies (ICT) in education and training systems in Europe (eLearning Programme) - OJ L 345/2003 
12 Cf. Decision No 2317/2003/EC of the European Parliament and of the Council of 5 December 2003 
establishing a programme for the enhancement of quality in higher education and the promotion of intercultural 
understanding through cooperation with third countries (Erasmus Mundus) (2004 to 2008) – OJ L 345/2003 
13 Cf. Decision No 2235/2002/EC of the European Parliament and of the Council of 3 December 2002 adopting a 
Community programme to improve the operation of taxation systems in the internal market (Fiscalis programme 
2003-2007) - OJ L 341/2002 
14  Cf.  Council  Decision  No  2001/51/EC  of  20  December  2000  establishing  a  Programme  relating  to  the 
Community  framework  strategy  on  gender  equality  (2001-2005)  -  OJ  L  017//2001  as  amended  by  Council 
Decision  of  […]  -  OJ  L  […]  [extension  until  end  2006  under  preparation  –  Cf.  COM(2004)551  – 
2004/0194/COD] 
15 Cf. Decision No 804/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a 
Community action programme to promote activities in the field of the protection of the Community's financial 
interests (Hercule programme) - OJ L 143/2004 
16  Cf. Decision No 1230/2003/EC  of  the  European  Parliament  and of  the Council  of  26 June  2003  adopting a 
multiannual programme for action in the field of energy: "Intelligent Energy - Europe" (2003 - 2006) (Text with 
EEA relevance) - OJ L 176/2003 
17 Cf. Regulation (EC) No 1655/2000 of the European Parliament and of the Council of 17 July 2000 concerning 
the  Financial  Instrument  for  the  Environment  (LIFE)  -  OJ  L  192/2000  as  amended  by  Regulation  (EC)  No 
1682/2004 of 15 September 2004 - OJ L 308/2004 
18  Cf.  Council  Decision  N°1999/382/EC  of  26  April  1999  establishing  the  second  phase  of  the  Community 
vocational training action programme 'Leonardo da Vinci' - OJ L 146/1999 
19  Cf.  Regulation  (EC)  No  1382/2003  of  the  European  Parliament  and  of  the  Council  of  22  July  2003  on  the 
granting of Community financial assistance to improve the environmental performance of the freight transport 
system (Marco Polo Programme) - OJ L196/2003 
20 Cf. Corrigendum to Council Decision 2000/821/EC of 20 December 2000 on the implementation of a 
programme to encourage the development, distribution and promotion of European audiovisual works (MEDIA 
Plus Development, Distribution and Promotion) (2001-2005) (OJ L 336 of 30.12.2000) – OJ L 013/2001 as 
amended by Decision No 846/2004/EC of the European Parliament and of the Council of 29 April 2004 - OJ L 
157/2004 

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21  Cf.  Decision  No  163/2001/EC  of  the  European  Parliament  and  of  the  Council  of  19  January  2001  on  the 
implementation  of  a  training  programme  for  professionals  in  the  European  audiovisual  programme  industry 
(MEDIA-Training)  (2001-2005)  -  OJ  L  026/2001  as  amended  by  Decision  No  845/2004  of  the  European 
Parliament and of the Council of 29 April 2004 - OJ L 157/2004 
22 awaiting adoption – Cf. COM [2004] 91– 2004/0023/COD 
23 Cf. Decision No 1513/2002/EC of the European Parliament and of the Council of 27 June 2002 concerning the 
sixth  framework  programme  of  the  European  Community  for  research,  technological  development  and 
demonstration activities, contributing to the creation of the European Research Area and to innovation (2002 to 
2006) - OJ L 232/2002 
24 Cf. Decision No 253/2000/EC of the European Parliament and of the Council of 24 January 2000 establishing 
the second phase of the Community action programme in the field of education 'Socrates' - OJ L28/2000 
25 Cf. Decision No 1031/2000/EC of the European Parliament and of the Council of 13 April 2000 establishing 
the 'Youth' Community action programme - OJ L 117/2000 

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Proposal for a 

COUNCIL DECISION 

concerning the signing of a Framework Agreement between the European Community 
and Bosnia and Herzegovina on the general principles for the participation of Bosnia 
and Herzegovina in Community programmes 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Articles 
13, 71, 80, 95, 127, 137, 149, 150, 151, 152, 153, 157, 166, 175, 280 and 308 in conjunction 
with the second sentence of the first subparagraph of Article 300(2) thereof, 

Having regard to the proposal from the Commission,1 

Whereas: 

(1) 

(2) 

The Commission has negotiated on behalf of the Community a Framework Agreement 
with  Bosnia  and  Herzegovina  on  the  general  principles  for  its  participation  in 
Community programmes. 

Subject to its conclusion at a later date, the agreement initialled on 30 September 2004 
should be signed, 

HAS DECIDED AS FOLLOWS: 

Sole Article 

Subject to its conclusion at a later date, the President of the Council is hereby authorised to 
designate  the  person  empowered  to  sign,  on  behalf  of  the  European  Community,  the 
Framework  Agreement  between  the  European  Community  and  Bosnia  and  Herzegovina  on 
the  general  principles  for  the  participation  of  Bosnia  and  Herzegovina  in  Community 
programmes. 

Done at Brussels,  

For the Council 
The President 

1 

OJ C […], […], p. […]. 

EN 

12 

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FRAMEWORK AGREEMENT 

between the European Community and Bosnia and Herzegovina on the general 
principles for the participation of Bosnia and Herzegovina in Community programmes 

THE  EUROPEAN  COMMUNITY,  hereinafter  referred  to  as  ‘the  Community’,  on  the  one 
part, and Bosnia and Herzegovina on the other part, hereinafter referred to as “the Contracting 
Parties” 

Whereas: 

The  European  Council  in  Copenhagen  in  December  2002  confirmed  the  European 
(1) 
perspective of the countries of the Western Balkans, as potential candidates, and underlined 
its determination to support their efforts to move closer to the European Union. 

The  European  Council  in  Thessaloniki  in  June  2003  acknowledged  that  the 
(2) 
Stabilisation and Association Process will remain the framework for the European course of 
the  Western  Balkan  countries  all  the  way  to  their  future  accession  and  endorsed  "The 
Thessaloniki Agenda for the Western Balkans: moving towards European integration", which 
aims to further strengthen the privileged relations between the EU and the Western Balkans 
drawing on the enlargement experience. 

The  Thessaloniki  Agenda  invited  the  Western  Balkan  countries  to  participate  in 
(3) 
Community programmes and agencies in line with the principles laid down for participation 
by the candidate countries, aiming to familiarise the countries concerned and their people with 
the policies and working methods of the EU, thus anchoring them more firmly to the EU and 
encouraging them on the path towards European integration. 

Bosnia  and  Herzegovina  has  expressed  its  wish  to  participate  in  a  number  of 

(4) 
Community programmes. 

(5) 
The  specific  terms  and  conditions,  including  financial  contribution,  regarding  the 
participation of Bosnia and Herzegovina in each particular programme should be determined 
by agreement between the Commission of the European Communities, acting on behalf of the 
Community, and Bosnia and Herzegovina, 

HAVE AGREED AS FOLLOWS: 

Article 1 

Bosnia  and  Herzegovina  shall  be  allowed  to  participate  in  the  following  Community 
programmes: 

(1) 
The running Community programmes which are listed in Annex I, which are open to 
the participation of Bosnia and Herzegovina once the present agreement (hereinafter referred 
to as ‘the Agreement’) enters into force.  

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(2) 
Community  Programmes  established  or  renewed  after  the  entry  into  force  of  the 
Agreement  and  which  contain  an  opening  clause  which  foresees  the  participation  of  Bosnia 
and Herzegovina.  

Bosnia  and  Herzegovina  shall  contribute  financially  to  the  general  budget  of  the  European 
Union corresponding to the specific programmes in which it participates.  

Article 2 

Article 3 

Bosnia and Herzegovina’s representatives shall be allowed to take part, as observers and for 
the  points  which  concern  Bosnia  and  Herzegovina,  in  the  management  committees 
responsible  for  monitoring  the  programmes  to  which  Bosnia  and  Herzegovina  contributes 
financially. 

Article 4 

Projects and initiatives submitted by participants from Bosnia and Herzegovina 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  Bosnia  and  Herzegovina  in 
each  particular  programme,  in  particular  the  financial  contribution  payable,  will  be 
determined  by  agreement,  in  the  form  of  a  Memorandum  of  Understanding,  between  the 
Commission, acting on behalf of the Community, and Bosnia and Herzegovina. 

If Bosnia and Herzegovina applies for Community external assistance on the basis of Council 
Regulation (EC) No 2666/2000 of 5 December 2000 as amended by Council Regulation (EC) 
No  2415/2001  of  10  December  2001  on  assistance  for  Albania,  Bosnia  and  Herzegovina, 
Croatia, the Federal Republic of Yugoslavia and the former Yugoslav Republic of Macedonia 
or pursuant to any similar Regulation providing for Community external assistance to Bosnia 
and Herzegovina that may be adopted in future, the conditions governing the use by Bosnia 
and Herzegovina of the Community assistance shall be determined in a financing agreement. 

Article 6 

The  Memorandum  of  Understanding  shall  stipulate,  in  accordance  with  the  Community’s 
financial  regulation,  that  financial  control  or  audits  will  be  carried  out  by,  or  under  the 
authority  of,  the  European  Commission,  OLAF  and  the  Court  of  Auditors  of  the  European 
Communities.  

Detailed provisions shall be made on financial control and auditing, administrative measures, 
penalties and recovery enabling the European Commission, OLAF and the Court of Auditors 

EN 

14 

   EN 

 
to  be  granted  powers  equivalent  to  their  powers  with  regard  to  beneficiaries  or  contractors 
established in the Community.  

The Agreement shall apply for an indeterminate period. 

Article 7 

Either  Contracting  Party  may  denounce  this  Agreement  by  written  notification  to  the  other 
Contracting  Party.  This  Agreement  shall  terminate  six  months  after  the  date  of  such 
notification. 

Article 8 

No later than three years after the date of entry into force of this Agreement, and every three 
years thereafter, both Contracting Parties may review the implementation of this Agreement 
on  the  basis  of  actual  participation  of  Bosnia  and  Herzegovina  in  one  or  more  Community 
programmes. 

Article 9 

This  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 hand, to the territory of Bosnia and Herzegovina. 

Article 10 

This  Agreement  shall  enter  into  force  on  the  date  of  receipt  of  the  last  written  notification 
through  diplomatic  channels  by  which  each  Contracting  Party  informs  the  other  that  its 
procedure for the entry into force of this Agreement has been completed. 

Article 11 

1. 
The  Agreement  is  drawn  up  in  duplicate  in  the  Czech,  Danish,  Dutch,  English, 
Estonian,  Finnish,  French,  German,  Greek,  Hungarian,  Italian,  Latvian,  Lithuanian,  Polish, 
Portuguese,  Slovak,  Slovenian,  Spanish,  Swedish  and  the  official  languages  of  Bosnia  and 
Herzegovina.  

2. 
Once the institutions of the European Union will be bound to publish all official acts 
in Maltese in the Official Journal of the European Union, the agreement will also be drawn up 
in duplicate in Maltese. 

3. 

Each of the language texts is equally authentic. 

EN 

15 

   EN 

 
Done at  

For the Government of 
Bosnia and Herzegovina 

For the European Community 

EN 

16 

   EN 

 
 
 
 
LIST OF RUNNING COMMUNITY PROGRAMMES REFFERED TO IN ARTICLE 1 

ANNEX I 

Combating Discrimination (2001-2006)1 

Combating Social Exclusion (2002-2006)2 

Community actions in support of consumer policy (2004-2007)3 

Community  action  programme  to  promote  bodies  active  at  European  level  and 
support specific activities in the field of education and training (2004-2006)4 

Community action programme to promote active European citizenship (2004-2006)5 

Community action in the field of public health (2003-2008)6 

Culture 2000 (2000-2006)7 

Customs (2003-2007)8 

Daphne II programme (2004-2008)9 

eContent Plus (2004-2008)10 

eLearning (2004-2006)11 

Erasmus Mundus (2004-2008)12 

Fiscalis programme (2003-2007)13 

Gender Equality (2001-2006)14 

Hercule programme (2004-2006)15 

Intelligent Energy Europe (2003-2006)16 

Life (2000-2006)17  

Leonardo da Vinci II (2000-2006)18  

Marco Polo Programme (2003-2010)19 

Media Plus20 / Media Training21 (2001-2006) 

Safer Internet plus (2005-2008)22 

Sixth RTD Framework Programme (2002-2006)23  

Socrates II (2000-2006)24  

Youth (2000-2006)25  

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

EN 

17 

   EN 

 
1 Cf. Council Decision No 2000/750/EC of 27 November 2000 establishing a Community action programme to 
combat discrimination (2001 to 2006) - OJ L 303/2000 
2 Cf. Decision No 50/2002/EC of the European Parliament and of the Council of 7 December 2001 establishing a 
programme of Community action to encourage cooperation between Member States to combat social exclusion - 
OJ L 10/2002 
3 Cf. Decision No 20/2004/EC of the European Parliament and of the Council of 8 December 2003 establishing a 
general framework for financing Community actions in support of consumer policy for the years 2004 to 2007 
(Text with EEA relevance) -OJ L 05/2004 
4 Cf. Decision No 791/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a 
Community action programme to promote bodies active at European level and support specific activities in the 
field of education and training - OJ L 138/2004 
5 Cf. Council Decision No 2004/100/EC of 26 January 2004 establishing a Community action programme to 
promote active European citizenship (civic participation) - OJ L 030/2004 
6 Cf. Decision No 1786/2002/EC of the European Parliament and of the Council of 23 September 2002 adopting 
a programme of Community action in the field of public health (2003-2008) - OJ L 271/2002 
7 Cf. Decision No 508/2000/EC of the European Parliament and of the Council of 14 February 2000 establishing 
the Culture 2000 programme - OJ L 63/2000 and Decision No 626/2004/EC of the European Parliament and of 
the Council of 31 March 2004 amending Decision No 508/2000/EC establishing the Culture 2000 programme 
(Text with EEA relevance) - OJ L 99/2004 
8 Cf. Decision No 253/2003/EC of the European Parliament and of the Council of 11 February 2003 adopting an 
action programme for customs in the Community (Customs 2007) - OJ L 36/2003 
9  Cf.  Decision  No  803/2004/EC  of  the  European  Parliament  and  of  the  Council  of  21  April  2004  adopting  a 
programme of Community action (2004 to 2008) to prevent and combat violence against children, young people 
and women and to protect victims and groups at risk (the Daphne II programme) - OJ L 143/2004 
10 awaiting adoption – Cf. COM [2004] 96 – 2004/0025/COD 
11 Cf. Decision No 2318/2003/EC of the European Parliament and of the Council of 5 December 2003 adopting a 
multiannual programme (2004 to 2006) for the effective integration of information and communication 
technologies (ICT) in education and training systems in Europe (eLearning Programme) - OJ L 345/2003 
12 Cf. Decision No 2317/2003/EC of the European Parliament and of the Council of 5 December 2003 
establishing a programme for the enhancement of quality in higher education and the promotion of intercultural 
understanding through cooperation with third countries (Erasmus Mundus) (2004 to 2008) – OJ L 345/2003 
13 Cf. Decision No 2235/2002/EC of the European Parliament and of the Council of 3 December 2002 adopting a 
Community programme to improve the operation of taxation systems in the internal market (Fiscalis programme 
2003-2007) - OJ L 341/2002 
14  Cf.  Council  Decision  No  2001/51/EC  of  20  December  2000  establishing  a  Programme  relating  to  the 
Community  framework  strategy  on  gender  equality  (2001-2005)  -  OJ  L  017//2001  as  amended  by  Council 
Decision  of  […]  -  OJ  L  […]  [extension  until  end  2006  under  preparation  –  Cf.  COM(2004)551  – 
2004/0194/COD] 
15 Cf. Decision No 804/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a 
Community action programme to promote activities in the field of the protection of the Community's financial 
interests (Hercule programme) - OJ L 143/2004 
16  Cf. Decision No 1230/2003/EC  of  the  European  Parliament  and of  the Council  of  26 June  2003  adopting a 
multiannual programme for action in the field of energy: "Intelligent Energy - Europe" (2003 - 2006) (Text with 
EEA relevance) - OJ L 176/2003 
17 Cf. Regulation (EC) No 1655/2000 of the European Parliament and of the Council of 17 July 2000 concerning 
the  Financial  Instrument  for  the  Environment  (LIFE)  -  OJ  L  192/2000  as  amended  by  Regulation  (EC)  No 
1682/2004 of 15 September 2004 - OJ L 308/2004 
18  Cf.  Council  Decision  N°1999/382/EC  of  26  April  1999  establishing  the  second  phase  of  the  Community 
vocational training action programme 'Leonardo da Vinci' - OJ L 146/1999 
19  Cf.  Regulation  (EC)  No  1382/2003  of  the  European  Parliament  and  of  the  Council  of  22  July  2003  on  the 
granting of Community financial assistance to improve the environmental performance of the freight transport 
system (Marco Polo Programme) - OJ L196/2003 
20 Cf. Corrigendum to Council Decision 2000/821/EC of 20 December 2000 on the implementation of a 
programme to encourage the development, distribution and promotion of European audiovisual works (MEDIA 
Plus Development, Distribution and Promotion) (2001-2005) (OJ L 336 of 30.12.2000) – OJ L 013/2001 as 
amended by Decision No 846/2004/EC of the European Parliament and of the Council of 29 April 2004 - OJ L 
157/2004 

EN 

18 

   EN 

 
                                                                                                                                                         
21  Cf.  Decision  No  163/2001/EC  of  the  European  Parliament  and  of  the  Council  of  19  January  2001  on  the 
implementation  of  a  training  programme  for  professionals  in  the  European  audiovisual  programme  industry 
(MEDIA-Training)  (2001-2005)  -  OJ  L  026/2001  as  amended  by  Decision  No  845/2004  of  the  European 
Parliament and of the Council of 29 April 2004 - OJ L 157/2004 
22 awaiting adoption – Cf. COM [2004] 91– 2004/0023/COD 
23 Cf. Decision No 1513/2002/EC of the European Parliament and of the Council of 27 June 2002 concerning the 
sixth  framework  programme  of  the  European  Community  for  research,  technological  development  and 
demonstration activities, contributing to the creation of the European Research Area and to innovation (2002 to 
2006) - OJ L 232/2002 
24 Cf. Decision No 253/2000/EC of the European Parliament and of the Council of 24 January 2000 establishing 
the second phase of the Community action programme in the field of education 'Socrates' - OJ L28/2000 
25 Cf. Decision No 1031/2000/EC of the European Parliament and of the Council of 13 April 2000 establishing 
the 'Youth' Community action programme - OJ L 117/2000 

EN 

19 

   EN 

 
                                                                                                                                                         
Proposal for a 

COUNCIL DECISION 

concerning the signing of a Framework Agreement between the European Community 
and the Republic of Croatia on the general principles for the participation of the 
Republic of Croatia in Community programmes 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Articles 
13, 71, 80, 95, 127, 137, 149, 150, 151, 152, 153, 157, 166, 175, 280 and 308 in conjunction 
with the second sentence of the first subparagraph of Article 300(2) thereof, 

Having regard to the proposal from the Commission,1 

Whereas: 

(1) 

(2) 

The Commission has negotiated on behalf of the Community a Framework Agreement 
with  the  Republic  of  Croatia  on  the  general  principles  for  its  participation  in 
Community programmes. 

Subject  to  its  conclusion  at  a  later  date,  the  agreement  initialled  on  30 July 2004 
should be signed, 

HAS DECIDED AS FOLLOWS: 

Sole Article 

Subject to its conclusion at a later date, the President of the Council is hereby authorised to 
designate  the  person  empowered  to  sign,  on  behalf  of  the  European  Community,  the 
Framework Agreement between the European Community and the Republic of Croatia on the 
general principles for the participation of the Republic of Croatia in Community programmes. 

Done at Brussels,  

For the Council 
The President 

1 

OJ C […], […], p. […]. 

EN 

20 

   EN 

 
 
 
 
 
                                                 
FRAMEWORK AGREEMENT 

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

THE  EUROPEAN  COMMUNITY,  hereinafter  referred  to  as  ‘the  Community’,  on  the  one 
part,  and  the  Republic  of  Croatia,  hereinafter  referred  to  as  ‘Croatia’,  on  the  other  part, 
hereinafter referred to as “the Contracting Parties” 

Whereas: 

The Stabilisation and Association Agreement between the European Communities and 
(1) 
their  Member  States,  of  the  one  part,  and  the  Republic  of  Croatia,  of  the  other  part, 
(hereinafter referred to as ‘the SAA’) was signed on 29 October 2001, 

The  European  Council  in  Copenhagen  in  December  2002  confirmed  the  European 
(2) 
perspective of the countries of the Western Balkans, as potential candidates, and underlined 
its determination to support their efforts to move closer to the European Union. 

The  European  Council  in  Thessaloniki  in  June  2003  acknowledged  that  the 
(3) 
Stabilisation and Association Process will remain the framework for the European course of 
the  Western  Balkan  countries  all  the  way  to  their  future  accession  and  endorsed  "The 
Thessaloniki Agenda for the Western Balkans: moving towards European integration", which 
aims to further strengthen the privileged relations between the EU and the Western Balkans 
drawing on the enlargement experience. 

The  Thessaloniki  Agenda  invited  the  Western  Balkan  countries  to  participate  in 
(4) 
Community programmes and agencies in line with the principles laid down for participation 
by the candidate countries, aiming to familiarise the countries concerned and their people with 
the policies and working methods of the EU, thus anchoring them more firmly to the EU and 
encouraging them on the path towards European integration. 

(5) 
The European Council of 17-18 June decided that Croatia is a candidate country for 
membership and that the accession process should be launched. In this respect it decided to 
convene a bilateral intergovernmental conference with Croatia early in 2005 in order to begin 
negotiations.  

(6) 

Croatia has expressed its wish to participate in a number of Community programmes. 

(7) 
The  specific  terms  and  conditions,  including  financial  contribution,  regarding  the 
participation  of  Croatia  in  each  particular  programme  should  be  determined  by  agreement 
between the Commission of the European Communities, acting on behalf of the Community, 
and Croatia, 

HAVE AGREED AS FOLLOWS: 

EN 

21 

   EN 

 
Article 1 

Croatia shall be allowed to participate in the following Community programmes: 

1. 
The running Community programmes which are listed in Annex I, which are open to 
the  participation  of  Croatia  once  the  present  agreement  (hereinafter  referred  to  as  ‘the 
Agreement’) enters into force.  

Community  Programmes  established  or  renewed  after  the  entry  into  force  of  the 

2. 
Agreement and which contain an opening clause which foresees the participation of Croatia.  

Croatia  shall  contribute  financially  to  the  general  budget  of  the  European  Union 
corresponding to the specific programmes in which it participates.  

Article 2 

Article 3 

Croatia’s representatives shall be allowed to take part, as observers and for the points which 
concern Croatia, in the management committees responsible for monitoring the programmes 
to which Croatia contributes financially. 

Article 4 

Projects  and  initiatives  submitted  by  participants  from  Croatia  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  Croatia  in  each  particular 
programme, in particular the financial contribution payable, will be determined by agreement, 
in the form of a Memorandum of Understanding, between the Commission, acting on behalf 
of the Community, and Croatia. 

If Croatia applies for Community external assistance on the basis of Council Regulation (EC) 
No 2666/2000 of 5 December 2000, as amended by Council Regulation (EC) No 2415/2001 
of 10 December 2001 on assistance for Albania, Bosnia and Herzegovina, Croatia, the Federal 
Republic of Yugoslavia and the former Yugoslav Republic of Macedonia or pursuant to any 
similar  Regulation  providing  for  Community  external  assistance  to  Croatia  that  may  be 
adopted in future, the conditions governing the use by Croatia of the Community assistance 
shall be determined in a financing agreement. 

The  Memorandum  of  Understanding  shall  stipulate,  in  accordance  with  the  Community’s 
financial  regulation,  that  financial  control  or  audits  will  be  carried  out  by,  or  under  the 

Article 6 

EN 

22 

   EN 

 
authority  of,  the  European  Commission,  OLAF  and  the  Court  of  Auditors  of  the  European 
Communities.  

Detailed provisions shall be made on financial control and auditing, administrative measures, 
penalties and recovery enabling the European Commission, OLAF and the Court of Auditors 
to  be  granted  powers  equivalent  to  their  powers  with  regard  to  beneficiaries  or  contractors 
established in the Community.  

The Agreement shall apply for an indeterminate period. 

Article 7 

Either  Contracting  Party  may  denounce  this  Agreement  by  written  notification  to  the  other 
Contracting  Party.  This  Agreement  shall  terminate  six  months  after  the  date  of  such 
notification. 

Article 8 

No later than three years after the date of entry into force of this Agreement, and every three 
years thereafter, both Contracting Parties may review the implementation of this Agreement 
on the basis of actual participation of Croatia in one or more Community programmes. 

Article 9 

This  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 hand, to the territory of Croatia. 

Article 10 

This  Agreement  shall  enter  into  force  on  the  date  of  receipt  of  the  last  written  notification 
through  diplomatic  channels  by  which  each  Contracting  Party  informs  the  other  that  its 
procedure for the entry into force of this Agreement has been completed. 

EN 

23 

   EN 

 
Article 11 

1. 
The  Agreement  is  drawn  up  in  duplicate  in  the  Czech,  Danish,  Dutch,  English, 
Estonian,  Finnish,  French,  German,  Greek,  Hungarian,  Italian,  Latvian,  Lithuanian,  Polish, 
Portuguese, Slovak, Slovenian, Spanish, Swedish and the Croatian languages.  

2. 
Once the institutions of the European Union will be bound to publish all official acts 
in Maltese in the Official Journal of the European Union, the agreement will also be drawn up 
in duplicate in Maltese. 

3. 

Each of the language texts is equally authentic. 

The Agreement and the Annex thereto shall be added as a protocol to the SAA and shall form 
an integral part of the SAA. 

Article 12 

Done at  

For the Government of the 
Republic of Croatia 

For the European Community 

EN 

24 

   EN 

 
 
 
 
LIST OF RUNNING COMMUNITY PROGRAMMES REFFERED TO IN ARTICLE 1 

ANNEX I 

Combating Discrimination (2001-2006)1 

Combating Social Exclusion (2002-2006)2 

Community actions in support of consumer policy (2004-2007)3 

Community  action  programme  to  promote  bodies  active  at  European  level  and 
support specific activities in the field of education and training (2004-2006)4 

Community action programme to promote active European citizenship (2004-2006)5 

Community action in the field of public health (2003-2008)6 

Culture 2000 (2000-2006)7 

Customs (2003-2007)8 

Daphne II programme (2004-2008)9 

eContent Plus (2004-2008)10 

eLearning (2004-2006)11 

Erasmus Mundus (2004-2008)12 

Fiscalis programme (2003-2007)13 

Gender Equality (2001-2006)14 

Hercule programme (2004-2006)15 

Intelligent Energy Europe (2003-2006)16 

Life (2000-2006)17  

Leonardo da Vinci II (2000-2006)18  

Marco Polo Programme (2003-2010)19 

Media Plus20 / Media Training21 (2001-2006) 

Safer Internet plus (2005-2008)22 

Sixth RTD Framework Programme (2002-2006)23  

Socrates II (2000-2006)24  

Youth (2000-2006)25  

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

EN 

25 

   EN 

 
1 Cf. Council Decision No 2000/750/EC of 27 November 2000 establishing a Community action programme to 
combat discrimination (2001 to 2006) - OJ L 303/2000 
2 Cf. Decision No 50/2002/EC of the European Parliament and of the Council of 7 December 2001 establishing a 
programme of Community action to encourage cooperation between Member States to combat social exclusion - 
OJ L 10/2002 
3 Cf. Decision No 20/2004/EC of the European Parliament and of the Council of 8 December 2003 establishing a 
general framework for financing Community actions in support of consumer policy for the years 2004 to 2007 
(Text with EEA relevance) -OJ L 05/2004 
4 Cf. Decision No 791/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a 
Community action programme to promote bodies active at European level and support specific activities in the 
field of education and training - OJ L 138/2004 
5 Cf. Council Decision No 2004/100/EC of 26 January 2004 establishing a Community action programme to 
promote active European citizenship (civic participation) - OJ L 030/2004 
6 Cf. Decision No 1786/2002/EC of the European Parliament and of the Council of 23 September 2002 adopting 
a programme of Community action in the field of public health (2003-2008) - OJ L 271/2002 
7 Cf. Decision No 508/2000/EC of the European Parliament and of the Council of 14 February 2000 establishing 
the Culture 2000 programme - OJ L 63/2000 and Decision No 626/2004/EC of the European Parliament and of 
the Council of 31 March 2004 amending Decision No 508/2000/EC establishing the Culture 2000 programme 
(Text with EEA relevance) - OJ L 99/2004 
8 Cf. Decision No 253/2003/EC of the European Parliament and of the Council of 11 February 2003 adopting an 
action programme for customs in the Community (Customs 2007) - OJ L 36/2003 
9  Cf.  Decision  No  803/2004/EC  of  the  European  Parliament  and  of  the  Council  of  21  April  2004  adopting  a 
programme of Community action (2004 to 2008) to prevent and combat violence against children, young people 
and women and to protect victims and groups at risk (the Daphne II programme) - OJ L 143/2004 
10 awaiting adoption – Cf. COM [2004] 96 – 2004/0025/COD 
11 Cf. Decision No 2318/2003/EC of the European Parliament and of the Council of 5 December 2003 adopting a 
multiannual programme (2004 to 2006) for the effective integration of information and communication 
technologies (ICT) in education and training systems in Europe (eLearning Programme) - OJ L 345/2003 
12 Cf. Decision No 2317/2003/EC of the European Parliament and of the Council of 5 December 2003 
establishing a programme for the enhancement of quality in higher education and the promotion of intercultural 
understanding through cooperation with third countries (Erasmus Mundus) (2004 to 2008) – OJ L 345/2003 
13 Cf. Decision No 2235/2002/EC of the European Parliament and of the Council of 3 December 2002 adopting a 
Community programme to improve the operation of taxation systems in the internal market (Fiscalis programme 
2003-2007) - OJ L 341/2002 
14  Cf.  Council  Decision  No  2001/51/EC  of  20  December  2000  establishing  a  Programme  relating  to  the 
Community  framework  strategy  on  gender  equality  (2001-2005)  -  OJ  L  017//2001  as  amended  by  Council 
Decision  of  […]  -  OJ  L  […]  [extension  until  end  2006  under  preparation  –  Cf.  COM(2004)551  – 
2004/0194/COD] 
15 Cf. Decision No 804/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a 
Community action programme to promote activities in the field of the protection of the Community's financial 
interests (Hercule programme) - OJ L 143/2004 
16  Cf. Decision No 1230/2003/EC  of  the  European  Parliament  and of  the Council  of  26 June  2003  adopting a 
multiannual programme for action in the field of energy: "Intelligent Energy - Europe" (2003 - 2006) (Text with 
EEA relevance) - OJ L 176/2003 
17 Cf. Regulation (EC) No 1655/2000 of the European Parliament and of the Council of 17 July 2000 concerning 
the  Financial  Instrument  for  the  Environment  (LIFE)  -  OJ  L  192/2000  as  amended  by  Regulation  (EC)  No 
1682/2004 of 15 September 2004 - OJ L 308/2004 
18  Cf.  Council  Decision  N°1999/382/EC  of  26  April  1999  establishing  the  second  phase  of  the  Community 
vocational training action programme 'Leonardo da Vinci' - OJ L 146/1999 
19  Cf.  Regulation  (EC)  No  1382/2003  of  the  European  Parliament  and  of  the  Council  of  22  July  2003  on  the 
granting of Community financial assistance to improve the environmental performance of the freight transport 
system (Marco Polo Programme) - OJ L196/2003 
20 Cf. Corrigendum to Council Decision 2000/821/EC of 20 December 2000 on the implementation of a 
programme to encourage the development, distribution and promotion of European audiovisual works (MEDIA 
Plus Development, Distribution and Promotion) (2001-2005) (OJ L 336 of 30.12.2000) – OJ L 013/2001 as 
amended by Decision No 846/2004/EC of the European Parliament and of the Council of 29 April 2004 - OJ L 
157/2004 

EN 

26 

   EN 

 
                                                                                                                                                         
21  Cf.  Decision  No  163/2001/EC  of  the  European  Parliament  and  of  the  Council  of  19  January  2001  on  the 
implementation  of  a  training  programme  for  professionals  in  the  European  audiovisual  programme  industry 
(MEDIA-Training)  (2001-2005)  -  OJ  L  026/2001  as  amended  by  Decision  No  845/2004  of  the  European 
Parliament and of the Council of 29 April 2004 - OJ L 157/2004 
22 awaiting adoption – Cf. COM (2004) 91– 2004/0023/COD 
23 Cf. Decision No 1513/2002/EC of the European Parliament and of the Council of 27 June 2002 concerning the 
sixth  framework  programme  of  the  European  Community  for  research,  technological  development  and 
demonstration activities, contributing to the creation of the European Research Area and to innovation (2002 to 
2006) - OJ L 232/2002 
24 Cf. Decision No 253/2000/EC of the European Parliament and of the Council of 24 January 2000 establishing 
the second phase of the Community action programme in the field of education 'Socrates' - OJ L28/2000 
25 Cf. Decision No 1031/2000/EC of the European Parliament and of the Council of 13 April 2000 establishing 
the 'Youth' Community action programme - OJ L 117/2000 

EN 

27 

   EN 

 
                                                                                                                                                         
Proposal for a 

COUNCIL DECISION 

concerning the signing of a Protocol to the Stabilisation and Association Agreement 
between the European Communities and their Member States, of the one part, and the 
former Yugoslav Republic of Macedonia, of the other part, on a Framework Agreement 
between the European Community and the former Yugoslav Republic of Macedonia on 
the general principles for the participation of the former Yugoslav Republic of 
Macedonia in Community programmes 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Articles 
13, 71, 80, 95, 127, 137, 149, 150, 151, 152, 153, 157, 166, 175, 280 and 308 in conjunction 
with the second sentence of the first subparagraph of Article 300(2) thereof, 

Having regard to the proposal from the Commission,1 

Whereas: 

(1) 

The  Commission  has  negotiated  on  behalf  of  the  Community  a  Protocol  to  the 
Stabilisation  and  Association  Agreement  between  the  European  Communities  and 
their Member States, of the one part, and the former Yugoslav Republic of Macedonia, 
of the other part, on a Framework Agreement with the former Yugoslav Republic of 
Macedonia on the general principles for its participation in Community programmes. 

(2) 

Subject  to  its  conclusion  at  a  later  date,  the  agreement  initialled  on 25  October 2004 
should be signed, 

HAS DECIDED AS FOLLOWS : 

Sole Article 

Subject to its conclusion at a later date, the President of the Council is hereby authorised to 
designate the person empowered to sign, on behalf of the European Community, the Protocol 
to the Stabilisation and Association Agreement between the European Communities and their 
Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other 
part, on a Framework Agreement between the European Community and the former Yugoslav 
Republic of Macedonia on the general principles for the participation of the former Yugoslav 
Republic of Macedonia in Community programmes. 

1 

OJ C […], […], p. […]. 

EN 

28 

   EN 

 
                                                 
Done at Brussels,  

For the Council 
The President 

EN 

29 

   EN 

 
 
 
 
 
PROTOCOL 

to the Stabilisation and Association Agreement between the European Communities and 
their Member States, of the one part, and the former Yugoslav Republic of Macedonia, 
of the other part, 

on a 

FRAMEWORK AGREEMENT 

between the European Community and the former Yugoslav Republic of Macedonia on 
the general principles for the participation of the former Yugoslav Republic of 
Macedonia in Community programmes 

THE  EUROPEAN  COMMUNITY,  hereinafter  referred  to  as  ‘the  Community’,  of  the  one 
part, and the former Yugoslav Republic of Macedonia, of the other part, hereinafter referred 
to as “the Contracting Parties” 

Whereas: 

(1) 
the Stabilisation and Association Agreement between the European Communities and 
their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the 
other  part,  (hereinafter  referred  to  as  ‘the  SAA’)  was  signed  by  Exchange  of  Letters  in 
Luxemburg on 9 April 2001 and entered into force on 1 April 2004, 

(2) 
The  European  Council  in  Copenhagen  in  December  2002  confirmed  the  European 
perspective of the countries of the Western Balkans, as potential candidates, and underlined 
its determination to support their efforts to move closer to the European Union. 

(3) 
The  European  Council  in  Thessaloniki  in  June  2003  acknowledged  that  the 
Stabilisation and Association Process will remain the framework for the European course of 
the  Western  Balkan  countries  all  the  way  to  their  future  accession  and  endorsed  "The 
Thessaloniki Agenda for the Western Balkans: moving towards European integration", which 
aims to further strengthen the privileged relations between the EU and the Western Balkans 
drawing on the enlargement experience. 

(4) 
The  Thessaloniki  Agenda  invited  the  Western  Balkan  countries  to  participate  in 
Community programmes and agencies in line with the principles laid down for participation 
by the candidate countries, aiming to familiarise the countries concerned and their people with 
the policies and working methods of the EU, thus anchoring them more firmly to the EU and 
encouraging them on the path towards European integration. 

The former Yugoslav Republic of Macedonia has expressed its wish to participate in a 

(5) 
number of Community programmes. 

EN 

30 

   EN 

 
 
 
(6) 
The  specific  terms  and  conditions,  including  financial  contribution,  regarding  the 
participation  of  the  former  Yugoslav  Republic  of  Macedonia  in  each  particular  programme 
should be determined by agreement between the Commission of theEuropean Communities, 
acting on behalf of the Community, and the former Yugoslav Republic of Macedonia. 

HAVE AGREED AS FOLLOWS: 

Article 1 

The former Yugoslav Republic of Macedonia shall be allowed to participate in the following 
Community programmes: 

(a) 
The running Community programmes which are listed in Annex I, which are open to 
the participation of the former Yugoslav Republic of Macedonia once the present agreement 
(hereinafter referred to as ‘the Agreement’) enters into force. 

(b) 
Community  Programmes  established  or  renewed  after  the  entry  into  force  of  the 
Agreement  and  which  contain  an  opening  clause  which  foresees  the  participation  of  the 
former Yugoslav Republic of Macedonia.  

Article 2 

The  former  Yugoslav  Republic  of  Macedonia  shall  contribute  financially  to  the  general 
budget  of  the  European  Union  corresponding  to  the  specific  programmes  in  which  it 
participates.  

Article 3 

The former Yugoslav Republic of Macedonia’s representatives shall be allowed to take part, 
as observers and for the points which concern the former Yugoslav Republic of Macedonia, in 
the management committees responsible for monitoring the programmes to which the former 
Yugoslav Republic of Macedonia contributes financially. 

Article 4 

Projects  and  initiatives  submitted  by  participants  from  the  former  Yugoslav  Republic  of 
Macedonia 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. 

EN 

31 

   EN 

 
Article 5 

The  specific  terms  and  conditions  regarding  the  participation  of  the  former  Yugoslav 
Republic of Macedonia in each particular programme, in particular the financial contribution 
payable, will be determined by agreement, in the form of a Memorandum of Understanding, 
between  the  Commission,  acting  on  behalf  of  the  Community,  and  the  former  Yugoslav 
Republic of Macedonia. 

If the former Yugoslav Republic of Macedonia applies for Community external assistance on 
the  basis  of  Council  Regulation  (EC)  No  2666/2000  of  5  December  2000,  as  amended  by 
Council  Regulation  (EC)  No  2415/2001  of  10  December  2001  on  assistance  for  Albania, 
Bosnia  and  Herzegovina,  Croatia,  the  Federal  Republic  of  Yugoslavia  and  the  former 
Yugoslav  Republic  of  Macedonia  or  pursuant  to  any  similar  Regulation  providing  for 
Community external assistance to the former Yugoslav Republic of Macedonia that  may be 
adopted  in  future,  the  conditions  governing  the  use  by  the  former  Yugoslav  Republic  of 
Macedonia of the Community assistance shall be determined in a financing agreement. 

Article 6 

The  Memorandum  of  Understanding  shall  stipulate,  in  accordance  with  the  Community’s 
financial  regulation,  that  financial  control  or  audits  will  be  carried  out  by,  or  under  the 
authority  of,  the  European  Commission,  OLAF  and  the  Court  of  Auditors  of  the  European 
Communities.  

Detailed provisions shall be made on financial control and auditing, administrative measures, 
penalties and recovery enabling the European Commission, OLAF and the Court of Auditors 
to  be  granted  powers  equivalent  to  their  powers  with  regard  to  beneficiaries  or  contractors 
established in the Community.  

The Agreement shall apply for an indeterminate period. 

Article 7 

Either  Contracting  Party  may  denounce  this  Agreement  by  written  notification  to  the  other 
Contracting  Party.  This  Agreement  shall  terminate  six  months  after  the  date  of  such 
notification. 

Article 8 

No later than three years after the date of entry into force of this Agreement, and every three 
years thereafter, both Contracting Parties may review the implementation of this Agreement 
on the basis of actual participation of the former Yugoslav Republic of Macedonia in one or 
more Community programmes. 

EN 

32 

   EN 

 
Article 9 

This  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 hand, to the territory of the former Yugoslav Republic of Macedonia. 

Article 10 

This  Agreement  shall  enter  into  force  on  the  date  of  receipt  of  the  last  written  notification 
through  diplomatic  channels  by  which  each  Contracting  Party  informs  the  other  that  its 
procedure for the entry into force of this Agreement has been completed. 

Article 11 

The  Agreement  is  drawn  up  in  duplicate  in  each  of  the  official  languages  of  the 

(1) 
Contracting Parties with the exception of Maltese.  

(2) 
Once the institutions of the European Union will be bound to publish all official acts 
in Maltese in the Official Journal of the European Union, the agreement will also be drawn up 
in duplicate in Maltese. 

(3) 

Each of the language texts is equally authentic. 

The Agreement and the Annex thereto shall form an integral part of the SAA. 

Article 12 

Done at  

For the Government of the 
former Yugoslav Republic of Macedonia 

For the European Community 

EN 

33 

   EN 

 
 
 
 
LIST OF RUNNING COMMUNITY PROGRAMMES REFFERED TO IN ARTICLE 1 

ANNEX I 

Combating Discrimination (2001-2006)1 

Combating Social Exclusion (2002-2006)2 

Community actions in support of consumer policy (2004-2007)3 

Community  action  programme  to  promote  bodies  active  at  European  level  and 
support specific activities in the field of education and training (2004-2006)4 

Community action programme to promote active European citizenship (2004-2006)5 

Community action in the field of public health (2003-2008)6 

Culture 2000 (2000-2006)7 

Customs (2003-2007)8 

Daphne II programme (2004-2008)9 

eContent Plus (2004-2008)10 

eLearning (2004-2006)11 

Erasmus Mundus (2004-2008)12 

Fiscalis programme (2003-2007)13 

Gender Equality (2001-2006)14 

Hercule programme (2004-2006)15 

Intelligent Energy Europe (2003-2006)16 

Life (2000-2006)17  

Leonardo da Vinci II (2000-2006)18  

Marco Polo Programme (2003-2010)19 

Media Plus20 / Media Training21 (2001-2006) 

Safer Internet plus (2005-2008)22 

Sixth RTD Framework Programme (2002-2006)23  

Socrates II (2000-2006)24  

Youth (2000-2006)25 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

EN 

34 

   EN 

 
1 Cf. Council Decision No 2000/750/EC of 27 November 2000 establishing a Community action programme to 
combat discrimination (2001 to 2006) - OJ L 303/2000 
2 Cf. Decision No 50/2002/EC of the European Parliament and of the Council of 7 December 2001 establishing a 
programme of Community action to encourage cooperation between Member States to combat social exclusion - 
OJ L 10/2002 
3 Cf. Decision No 20/2004/EC of the European Parliament and of the Council of 8 December 2003 establishing a 
general framework for financing Community actions in support of consumer policy for the years 2004 to 2007 
(Text with EEA relevance) -OJ L 05/2004 
4 Cf. Decision No 791/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a 
Community action programme to promote bodies active at European level and support specific activities in the 
field of education and training - OJ L 138/2004 
5 Cf. Council Decision No 2004/100/EC of 26 January 2004 establishing a Community action programme to 
promote active European citizenship (civic participation) - OJ L 030/2004 
6 Cf. Decision No 1786/2002/EC of the European Parliament and of the Council of 23 September 2002 adopting 
a programme of Community action in the field of public health (2003-2008) - OJ L 271/2002 
7 Cf. Decision No 508/2000/EC of the European Parliament and of the Council of 14 February 2000 establishing 
the Culture 2000 programme - OJ L 63/2000 and Decision No 626/2004/EC of the European Parliament and of 
the Council of 31 March 2004 amending Decision No 508/2000/EC establishing the Culture 2000 programme 
(Text with EEA relevance) - OJ L 99/2004 
8 Cf. Decision No 253/2003/EC of the European Parliament and of the Council of 11 February 2003 adopting an 
action programme for customs in the Community (Customs 2007) - OJ L 36/2003 
9  Cf.  Decision  No  803/2004/EC  of  the  European  Parliament  and  of  the  Council  of  21  April  2004  adopting  a 
programme of Community action (2004 to 2008) to prevent and combat violence against children, young people 
and women and to protect victims and groups at risk (the Daphne II programme) - OJ L 143/2004 
10 awaiting adoption – Cf. COM [2004] 96 – 2004/0025/COD 
11 Cf. Decision No 2318/2003/EC of the European Parliament and of the Council of 5 December 2003 adopting a 
multiannual programme (2004 to 2006) for the effective integration of information and communication 
technologies (ICT) in education and training systems in Europe (eLearning Programme) - OJ L 345/2003 
12 Cf. Decision No 2317/2003/EC of the European Parliament and of the Council of 5 December 2003 
establishing a programme for the enhancement of quality in higher education and the promotion of intercultural 
understanding through cooperation with third countries (Erasmus Mundus) (2004 to 2008) – OJ L 345/2003 
13 Cf. Decision No 2235/2002/EC of the European Parliament and of the Council of 3 December 2002 adopting a 
Community programme to improve the operation of taxation systems in the internal market (Fiscalis programme 
2003-2007) - OJ L 341/2002 
14  Cf.  Council  Decision  No  2001/51/EC  of  20  December  2000  establishing  a  Programme  relating  to  the 
Community  framework  strategy  on  gender  equality  (2001-2005)  -  OJ  L  017//2001  as  amended  by  Council 
Decision  of  […]  -  OJ  L  […]  [extension  until  end  2006  under  preparation  –  Cf.  COM(2004)551  – 
2004/0194/COD] 
15 Cf. Decision No 804/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a 
Community action programme to promote activities in the field of the protection of the Community's financial 
interests (Hercule programme) - OJ L 143/2004 
16  Cf. Decision No 1230/2003/EC  of  the  European  Parliament  and of  the Council  of  26 June  2003  adopting a 
multiannual programme for action in the field of energy: "Intelligent Energy - Europe" (2003 - 2006) (Text with 
EEA relevance) - OJ L 176/2003 
17 Cf. Regulation (EC) No 1655/2000 of the European Parliament and of the Council of 17 July 2000 concerning 
the  Financial  Instrument  for  the  Environment  (LIFE)  -  OJ  L  192/2000  as  amended  by  Regulation  (EC)  No 
1682/2004 of 15 September 2004 - OJ L 308/2004 
18  Cf.  Council  Decision  N°1999/382/EC  of  26  April  1999  establishing  the  second  phase  of  the  Community 
vocational training action programme 'Leonardo da Vinci' - OJ L 146/1999 
19  Cf.  Regulation  (EC)  No  1382/2003  of  the  European  Parliament  and  of  the  Council  of  22  July  2003  on  the 
granting of Community financial assistance to improve the environmental performance of the freight transport 
system (Marco Polo Programme) - OJ L196/2003 
20 Cf. Corrigendum to Council Decision 2000/821/EC of 20 December 2000 on the implementation of a 
programme to encourage the development, distribution and promotion of European audiovisual works (MEDIA 
Plus Development, Distribution and Promotion) (2001-2005) (OJ L 336 of 30.12.2000) – OJ L 013/2001 as 
amended by Decision No 846/2004/EC of the European Parliament and of the Council of 29 April 2004 - OJ L 
157/2004 

EN 

35 

   EN 

 
                                                                                                                                                         
21  Cf.  Decision  No  163/2001/EC  of  the  European  Parliament  and  of  the  Council  of  19  January  2001  on  the 
implementation  of  a  training  programme  for  professionals  in  the  European  audiovisual  programme  industry 
(MEDIA-Training)  (2001-2005)  -  OJ  L  026/2001  as  amended  by  Decision  No  845/2004  of  the  European 
Parliament and of the Council of 29 April 2004 - OJ L 157/2004 
22 awaiting adoption – Cf. COM(2004) 91– 2004/0023/COD 
23 Cf. Decision No 1513/2002/EC of the European Parliament and of the Council of 27 June 2002 concerning the 
sixth  framework  programme  of  the  European  Community  for  research,  technological  development  and 
demonstration activities, contributing to the creation of the European Research Area and to innovation (2002 to 
2006) - OJ L 232/2002 
24 Cf. Decision No 253/2000/EC of the European Parliament and of the Council of 24 January 2000 establishing 
the second phase of the Community action programme in the field of education 'Socrates' - OJ L28/2000 
25 Cf. Decision No 1031/2000/EC of the European Parliament and of the Council of 13 April 2000 establishing 
the 'Youth' Community action programme - OJ L 117/2000 

EN 

36 

   EN 

 
                                                                                                                                                         
Proposal for a 

COUNCIL DECISION 

concerning the signing of a Framework Agreement between the European Community 
and Serbia and Montenegro on the general principles for the participation of Serbia and 
Montenegro in Community programmes 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Articles 
13, 71, 80, 95, 127, 137, 149, 150, 151, 152, 153, 157, 166, 175, 280 and 308 in conjunction 
with the second sentence of the first subparagraph of Article 300(2) thereof, 

Having regard to the proposal from the Commission,1 

Whereas: 

(1) 

(2) 

The Commission has negotiated on behalf of the Community a Framework Agreement 
with  Serbia  and  Montenegro  on  the  general  principles  for  its  participation  in 
Community programmes. 

Subject  to  its  conclusion  at  a  later  date,  the  agreement  initialled  on  4 October 2004 
should be signed, 

HAS DECIDED AS FOLLOWS: 

Sole Article 

Subject to its conclusion at a later date, the President of the Council is hereby authorised to 
designate  the  person  empowered  to  sign,  on  behalf  of  the  European  Community,  the 
Framework Agreement between the European Community and Serbia and Montenegro on the 
general principles for the participation of Serbia and Montenegro in Community programmes. 

Done at Brussels,  

For the Council 
The President 

1 

OJ C […], […], p. […]. 

EN 

37 

   EN 

 
 
 
 
 
                                                 
FRAMEWORK AGREEMENT 

between the European Community and Serbia and Montenegro on the general 
principles for the participation of Serbia and Montenegro in Community programmes 

THE  EUROPEAN  COMMUNITY,  hereinafter  referred  to  as  ‘the  Community’,  on  the  one 
part,  and  ‘Serbia  and  Montenegro’,  on  the  other  part,  hereinafter  referred  to  as  “the 
Contracting Parties”. 

Whereas: 

The  European  Council  in  Copenhagen  in  December  2002  confirmed  the  European 
(1) 
perspective of the countries of the Western Balkans, as potential candidates, and underlined 
its determination to support their efforts to move closer to the European Union. 

The  European  Council  in  Thessaloniki  in  June  2003  acknowledged  that  the 
(2) 
Stabilisation and Association Process will remain the framework for the European course of 
the  Western  Balkan  countries  all  the  way  to  their  future  accession  and  endorsed  "The 
Thessaloniki Agenda for the Western Balkans: moving towards European integration", which 
aims to further strengthen the privileged relations between the EU and the Western Balkans 
drawing on the enlargement experience. 

The  Thessaloniki  Agenda  invited  the  Western  Balkan  countries  to  participate  in 
(3) 
Community programmes and agencies in line with the principles laid down for participation 
by the candidate countries, aiming to familiarise the countries concerned and their people with 
the policies and working methods of the EU, thus anchoring them more firmly to the EU and 
encouraging them on the path towards European integration. 

Serbia  and  Montenegro  has  expressed  its  wish  to  participate  in  a  number  of 

(4) 
Community programmes. 

(5) 
The  specific  terms  and  conditions,  including  financial  contribution,  regarding  the 
participation  of  Serbia  and  Montenegro  in  each particular  programme should  be determined 
by agreement between the Commission of the European Communities, acting on behalf of the 
Community, and the competent authorities of Serbia and Montenegro. 

HAVE AGREED AS FOLLOWS: 

EN 

38 

   EN 

 
Article 1 

Serbia  and  Montenegro  shall  be  allowed  to  participate  in  the  following  Community 
programmes: 

(a) 
The running Community programmes which are listed in Annex I, which are open to 
the participation of Serbia and Montenegro once the present agreement (hereinafter referred to 
as ‘the Agreement’) enters into force.  

(b) 
Community  Programmes  established  or  renewed  after  the  entry  into  force  of  the 
Agreement  and  which  contain  an  opening  clause  which  foresees  the  participation  of  Serbia 
and Montenegro.  

Serbia  and  Montenegro  shall  contribute  financially  to  the  general  budget  of  the  European 
Union corresponding to the specific programmes in which it participates.  

Article 2 

Article 3 

Serbia  and  Montenegro’s  representatives  shall  be  allowed  to  take  part,  as  observers  and  for 
the points which concern Serbia and Montenegro, in the management committees responsible 
for monitoring the programmes to which Serbia and Montenegro contributes financially. 

Article 4 

Projects and initiatives submitted by participants from Serbia and Montenegro 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  Serbia  and  Montenegro  in 
each  particular  programme,  in  particular  the  financial  contribution  payable,  will  be 
determined  by  agreement,  in  the  form  of  a  Memorandum  of  Understanding,  between  the 
Commission, acting on behalf of the Community, and Serbia and Montenegro.  

If Serbia and Montenegro applies for Community external assistance on the basis of Council 
Regulation (EC) No 2666/2000 of 5 December 2000, as amended by Council Regulation (EC) 
No  2415/2001  of  10  December  2001  on  assistance  for  Albania,  Bosnia  and  Herzegovina, 
Croatia, the Federal Republic of Yugoslavia and the former Yugoslav Republic of Macedonia 
or pursuant to any similar Regulation providing for Community external assistance to Serbia 
and  Montenegro  that  may  be  adopted  in  future,  the  conditions  governing  the  use  by  Serbia 
and Montenegro of the Community assistance shall be determined in a Financing Agreement. 

EN 

39 

   EN 

 
Article 6 

The  Memorandum  of  Understanding  shall  stipulate,  in  accordance  with  the  Community’s 
financial  regulation,  that  financial  control  or  audits  will  be  carried  out  by,  or  under  the 
authority  of,  the  European  Commission,  OLAF  and  the  Court  of  Auditors  of  the  European 
Communities.  

Detailed provisions shall be made on financial control and auditing, administrative measures, 
penalties and recovery enabling the European Commission, OLAF and the Court of Auditors 
to  be  granted  powers  equivalent  to  their  powers  with  regard  to  beneficiaries  or  contractors 
established in the Community.  

The Agreement shall apply for an indeterminate period. 

Article 7 

Either  Contracting  Party  may  denounce  this  Agreement  by  written  notification  to  the  other 
Contracting  Party.  This  Agreement  shall  terminate  six  months  after  the  date  of  such 
notification. 

Article 8 

No later than three years after the date of entry into force of this Agreement, and every three 
years thereafter, both Contracting Parties may review the implementation of this Agreement 
on  the  basis  of  actual  participation  of  Serbia  and  Montenegro  in  one  or  more  Community 
programmes. 

Article 9 

This  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 hand, to the territory of Serbia and Montenegro. 

Article 10 

This  Agreement  shall  enter  into  force  on  the  date  of  receipt  of  the  last  written  notification 
through  diplomatic  channels  by  which  each  Contracting  Party  informs  the  other  that  its 
procedure for the entry into force of this Agreement has been completed. 

EN 

40 

   EN 

 
Article 11 

(1) 
The  Agreement  is  drawn  up  in  duplicate  in  the  Czech,  Danish,  Dutch,  English, 
Estonian,  Finnish,  French,  German,  Greek,  Hungarian,  Italian,  Latvian,  Lithuanian,  Polish, 
Portuguese,  Slovak,  Slovenian,  Spanish,  Swedish  and  the  official  language  of  Serbia  and 
Montenegro. 

Once the institutions of the European Union will be bound to publish all official acts 
(2) 
in Maltese in the Official Journal of the European Union, the agreement will also be drawn up 
in duplicate in Maltese. 

(3) 

Each of the language texts is equally authentic. 

Done at  

For the Council of Ministers of 
Serbia and Montenegro 

For the European Community 

EN 

41 

   EN 

 
 
 
 
LIST OF RUNNING COMMUNITY PROGRAMMES REFFERED TO IN ARTICLE 1 

ANNEX I 

Combating Discrimination (2001-2006)1 

Combating Social Exclusion (2002-2006)2 

Community actions in support of consumer policy (2004-2007)3 

Community  action  programme  to  promote  bodies  active  at  European  level  and 
support specific activities in the field of education and training (2004-2006)4 

Community action programme to promote active European citizenship (2004-2006)5 

Community action in the field of public health (2003-2008)6 

Culture 2000 (2000-2006)7 

Customs (2003-2007)8 

Daphne II programme (2004-2008)9 

eContent Plus (2004-2008)10 

eLearning (2004-2006)11 

Erasmus Mundus (2004-2008)12 

Fiscalis programme (2003-2007)13 

Gender Equality (2001-2006)14 

Hercule programme (2004-2006)15 

Intelligent Energy Europe (2003-2006)16 

Life (2000-2006)17  

Leonardo da Vinci II (2000-2006)18  

Marco Polo Programme (2003-2010)19 

Media Plus20 / Media Training21 (2001-2006) 

Safer Internet plus (2005-2008)22 

Sixth RTD Framework Programme (2002-2006)23  

Socrates II (2000-2006)24  

Youth (2000-2006)25 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

EN 

42 

   EN 

 
1 Cf. Council Decision No 2000/750/EC of 27 November 2000 establishing a Community action programme to 
combat discrimination (2001 to 2006) - OJ L 303/2000 
2 Cf. Decision No 50/2002/EC of the European Parliament and of the Council of 7 December 2001 establishing a 
programme of Community action to encourage cooperation between Member States to combat social exclusion - 
OJ L 10/2002 
3 Cf. Decision No 20/2004/EC of the European Parliament and of the Council of 8 December 2003 establishing a 
general framework for financing Community actions in support of consumer policy for the years 2004 to 2007 
(Text with EEA relevance) -OJ L 05/2004 
4 Cf. Decision No 791/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a 
Community action programme to promote bodies active at European level and support specific activities in the 
field of education and training - OJ L 138/2004 
5 Cf. Council Decision No 2004/100/EC of 26 January 2004 establishing a Community action programme to 
promote active European citizenship (civic participation) - OJ L 030/2004 
6 Cf. Decision No 1786/2002/EC of the European Parliament and of the Council of 23 September 2002 adopting 
a programme of Community action in the field of public health (2003-2008) - OJ L 271/2002 
7 Cf. Decision No 508/2000/EC of the European Parliament and of the Council of 14 February 2000 establishing 
the Culture 2000 programme - OJ L 63/2000 and Decision No 626/2004/EC of the European Parliament and of 
the Council of 31 March 2004 amending Decision No 508/2000/EC establishing the Culture 2000 programme 
(Text with EEA relevance) - OJ L 99/2004 
8 Cf. Decision No 253/2003/EC of the European Parliament and of the Council of 11 February 2003 adopting an 
action programme for customs in the Community (Customs 2007) - OJ L 36/2003 
9  Cf.  Decision  No  803/2004/EC  of  the  European  Parliament  and  of  the  Council  of  21  April  2004  adopting  a 
programme of Community action (2004 to 2008) to prevent and combat violence against children, young people 
and women and to protect victims and groups at risk (the Daphne II programme) - OJ L 143/2004 
10 awaiting adoption – Cf. COM [2004] 96 – 2004/0025/COD 
11 Cf. Decision No 2318/2003/EC of the European Parliament and of the Council of 5 December 2003 adopting a 
multiannual programme (2004 to 2006) for the effective integration of information and communication 
technologies (ICT) in education and training systems in Europe (eLearning Programme) - OJ L 345/2003 
12 Cf. Decision No 2317/2003/EC of the European Parliament and of the Council of 5 December 2003 
establishing a programme for the enhancement of quality in higher education and the promotion of intercultural 
understanding through cooperation with third countries (Erasmus Mundus) (2004 to 2008) – OJ L 345/2003 
13 Cf. Decision No 2235/2002/EC of the European Parliament and of the Council of 3 December 2002 adopting a 
Community programme to improve the operation of taxation systems in the internal market (Fiscalis programme 
2003-2007) - OJ L 341/2002 
14  Cf.  Council  Decision  No  2001/51/EC  of  20  December  2000  establishing  a  Programme  relating  to  the 
Community  framework  strategy  on  gender  equality  (2001-2005)  -  OJ  L  017//2001  as  amended  by  Council 
Decision  of  […]  -  OJ  L  […]  [extension  until  end  2006  under  preparation  –  Cf.  COM(2004)551  – 
2004/0194/COD] 
15 Cf. Decision No 804/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a 
Community action programme to promote activities in the field of the protection of the Community's financial 
interests (Hercule programme) - OJ L 143/2004 
16  Cf. Decision No 1230/2003/EC  of  the  European  Parliament  and of  the Council  of  26 June  2003  adopting a 
multiannual programme for action in the field of energy: "Intelligent Energy - Europe" (2003 - 2006) (Text with 
EEA relevance) - OJ L 176/2003 
17 Cf. Regulation (EC) No 1655/2000 of the European Parliament and of the Council of 17 July 2000 concerning 
the  Financial  Instrument  for  the  Environment  (LIFE)  -  OJ  L  192/2000  as  amended  by  Regulation  (EC)  No 
1682/2004 of 15 September 2004 - OJ L 308/2004 
18  Cf.  Council  Decision  N°1999/382/EC  of  26  April  1999  establishing  the  second  phase  of  the  Community 
vocational training action programme 'Leonardo da Vinci' - OJ L 146/1999 
19  Cf.  Regulation  (EC)  No  1382/2003  of  the  European  Parliament  and  of  the  Council  of  22  July  2003  on  the 
granting of Community financial assistance to improve the environmental performance of the freight transport 
system (Marco Polo Programme) - OJ L196/2003 
20 Cf. Corrigendum to Council Decision 2000/821/EC of 20 December 2000 on the implementation of a 
programme to encourage the development, distribution and promotion of European audiovisual works (MEDIA 
Plus Development, Distribution and Promotion) (2001-2005) (OJ L 336 of 30.12.2000) – OJ L 013/2001 as 
amended by Decision No 846/2004/EC of the European Parliament and of the Council of 29 April 2004 - OJ L 
157/2004 

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21  Cf.  Decision  No  163/2001/EC  of  the  European  Parliament  and  of  the  Council  of  19  January  2001  on  the 
implementation  of  a  training  programme  for  professionals  in  the  European  audiovisual  programme  industry 
(MEDIA-Training)  (2001-2005)  -  OJ  L  026/2001  as  amended  by  Decision  No  845/2004  of  the  European 
Parliament and of the Council of 29 April 2004 - OJ L 157/2004  
22 awaiting adoption – Cf. COM (2004) 91 – 2004/0023/COD 
23 Cf. Decision No 1513/2002/EC of the European Parliament and of the Council of 27 June 2002 concerning the 
sixth  framework  programme  of  the  European  Community  for  research,  technological  development  and 
demonstration activities, contributing to the creation of the European Research Area and to innovation (2002 to 
2006) - OJ L 232/2002 
24 Cf. Decision No 253/2000/EC of the European Parliament and of the Council of 24 January 2000 establishing 
the second phase of the Community action programme in the field of education 'Socrates' - OJ L28/2000 
25 Cf. Decision No 1031/2000/EC of the European Parliament and of the Council of 13 April 2000 establishing 
the 'Youth' Community action programme - OJ L 117/2000 

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