2005/527/EC: Council Decision of 2 June 2005 concerning the conclusion 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
Date: 2005-06-02
Institutions: Council of the European Union
Subjects: EU aid, EU programme, Serbia and Montenegro, agreement (EU), co-financing, cooperation policy, framework agreement

L 192/84

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

(2005/527/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:

(1)

(2)

(3)

(4)

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 Serbia and Montenegro on the general prin-
ciples for its participation in Community programmes.

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

(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.

(6)

(7)

The specific terms and conditions regarding the participa-
tion of Serbia and Montenegro in the Community pro-
grammes,
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.

Serbia and Montenegro may request financial assistance for
participating in Community programmes under Council
Regulation (EC) No 2666/2000 of 5 December 2000 on
assistance for Albania, Bosnia and Herzegovina, Croatia,
the Federal Republic of Yugoslavia and the Former Yugo-
slav Republic of Macedonia (2) or under any similar Regu-
lation providing for Community external assistance for
Serbia and Montenegro that may be adopted in future.

(8)

The application of the Agreement should be reviewed
periodically.

(9)

The Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

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

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

Article 2

The Commission is authorised to determine, on behalf of
1.
the Community, the specific terms and conditions applicable to
the participation of Serbia and Montenegro 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.

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

(EC) No 2415/2001 (OJ L 327, 12.12.2001, p. 3).

Journal).

(3) See page 14 of this Official Journal.

(2) OJ L 306, 7.12.2000, p. 1. Regulation as amended by Regulation

22.7.2005

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Official Journal of the European Union

L 192/85

2. Where Serbia and Montenegro requests external assistance,
the procedures provided for in Regulation (EC) No 2666/2000,
and in similar Regulations providing for Community external
assistance to Serbia and Montenegro that may be adopted in the
future, shall apply.

Article 4

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

Article 3

Done at Luxembourg, 2 June 2005.

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.

For the Council

The President

L. FRIEDEN