2005/526/EC: Council Decision of 2 June 2005 concerning the conclusion 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
Date: 2005-06-02
Institutions: Council of the European Union
Subjects: Croatia, EU aid, EU programme, agreement (EU), co-financing, cooperation policy, framework agreement

L 192/82

EN

Official Journal of the European Union

22.7.2005

COUNCIL DECISION

of 2 June 2005

concerning the conclusion 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

(2005/526/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, 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
subparagraph of
Article 300(2), the second subparagraph of Article 300(3), and
Article 300(4) thereof,

the first

Having regard to the proposal from the Commission,

Having regard to the assent of the European Parliament (1),

Whereas:

The Thessaloniki European Council of June 2003 approved
the ‘Thessaloniki Agenda for the Western Balkans: moving
towards European integration’, which provided for Com-
munity programmes to be opened up to the Stabilisation
and Association Process (SAP) countries along the lines
established for the participation of candidate countries.

In its communication on ‘Preparing for the participation of
the Western Balkan countries in Community programmes
and agencies’, the Commission advocated concluding with
Albania, Bosnia and Herzegovina, Croatia, the Former
Yugoslav Republic of Macedonia and Serbia and Montene-
gro framework agreements laying down the general
principles governing each country’s participation in Com-
munity programmes.

In accordance with the negotiating directives adopted by
the Council on 29 April 2004, the Commission, on behalf
of the Community, has negotiated a Framework Agree-
ment with Croatia on the general principles for its partici-
pation in Community programmes.

(1)

(2)

(3)

(4)

(6)

(7)

(8)

The specific terms and conditions regarding the participa-
tion of Croatia in the Community programmes, including
the financial contribution payable, should be determined
by the Commission on behalf of the Community. For that
purpose the Commission should be assisted by a special
committee appointed by the Council.

Croatia may request financial assistance for participating in
Community programmes under Council Regulation
(EEC) No 3906/89 of 18 December 1989 on economic aid
to certain countries of Central and Eastern Europe (2) or
under any similar Regulation providing for Community
external assistance for Croatia that may be adopted in
future.

The Framework Agreement will be added as a protocol to
the Stabilisation and Association Agreement
(SAA)
between the European Communities and their Member
States, of the one part, and Croatia, of the other part, which
entered into force on 1 February 2005, and will be an inte-
gral part thereof.

(9)

The application of the Agreement should be reviewed
periodically.

(10)

The Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

This Agreement was signed, on behalf of the Community,
on 22 November 2004 in Brussels, subject to conclusion
at a later date.

The Framework Agreement between the European Community
and the Republic of Croatia on the general principles for the par-
ticipation of the Republic of Croatia in Community programmes
is hereby approved on behalf of the Community.

(5) With regard to some of the programmes covered by the
Agreement, the Treaty does not provide for powers other
than those under Article 308.

The text of the Agreement is attached to this Decision (3).

(1) Assent delivered on 10 May 2005 (not yet published in the Official

Journal).

(2) OJ L 375, 23.12.1989, p. 11. Regulation as last amended by Regula-

tion (EC) No 2257/2004 (OJ L 389, 30.12.2004, p. 1).

(3) See page 8 of this Official Journal.

22.7.2005

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Official Journal of the European Union

L 192/83

Article 2

Article 3

The Commission is authorised to determine, on behalf of
1.
the Community, the specific terms and conditions applicable to
the participation of the Republic of Croatia in any given pro-
gramme, including the financial contribution payable. The Com-
mission shall be assisted in this task by a special committee
appointed by the Council.

2. Where the Republic of Croatia requests external assistance,
the procedures provided for in Regulation (EC) No 3906/89,
and in similar Regulations providing for Community external
assistance to the Republic of Croatia that may be adopted in the
future, shall apply.

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

Article 4

The President of the Council shall, on behalf of the Community,
give the notifications provided for in Article 10 of the Agreement.

Done at Luxembourg, 2 June 2005.

For the Council
The President
L. FRIEDEN