2005/528/EC: Council Decision of 2 June 2005 concerning the conclusion 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: 2005-06-02
Institutions: Council of the European Union
Subjects: EU aid, EU programme, North Macedonia, association agreement (EU), co-financing, framework agreement, protocol to an agreement

L 192/86

EN

Official Journal of the European Union

22.7.2005

COUNCIL DECISION

of 2 June 2005

concerning the conclusion 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

(2005/528/EC)

THE COUNCIL OF THE EUROPEAN UNION,

(4)

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

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)

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 European Community, negotiated 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 on the gen-
eral principles for the participation of the Former Yugoslav
Republic of Macedonia in Community programmes.

(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 the Former Yugoslav Republic of Macedonia in the
Community programmes, including the financial contribu-
tion payable, should be determined by the Commission on
behalf of the Community. For that purpose the Commis-
sion should be assisted by a special committee appointed
by the Council.

The Former Yugoslav Republic of Macedonia may request
financial assistance for participating in Community pro-
grammes 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 Yugoslav Republic of Macedonia (2) or
under any similar Regulation providing for Community
external assistance for the Former Yugoslav Republic of
Macedonia that may be adopted in future.

(8)

The application of the Agreement should be reviewed
periodically.

(9)

The Protocol will be an integral part of the Stabilisation
and Association Agreement (SAA) between the European
Communities and their Member States, of the one part,
and the Former Yugoslav Republic of Macedonia, of the
other part, which entered into force on 1 April 2004.

(10)

The Agreement should be approved,

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

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

Journal).

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

22.7.2005

EN

Official Journal of the European Union

L 192/87

HAS DECIDED AS FOLLOWS:

Article 1

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 Yugo-
slav Republic of Macedonia in Community programmes is hereby
approved on behalf of the Community.

The text of the Agreement is attached to this Decision (1).

Article 2

1.
The Commission is authorised to determine, on behalf of
the Community, the specific terms and conditions applicable to
the participation of the Former Yugoslav Republic of Macedonia
in any given programme, including the financial contribution
payable. The Commission shall be assisted in this task by a spe-
cial committee appointed by the Council.

2. Where the Former Yugoslav Republic of Macedonia requests
external assistance, the procedures provided for in Regulation

(EC) No 2666/2000, and in similar Regulations providing for
Community external assistance to the Former Yugoslav Republic
of Macedonia that may be adopted in the future, shall apply.

Article 3

No later than three years after the date of entry into force of the
Agreement, and every three years thereafter, the 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

(1) See page 23 of this Official Journal.