Communication from the Commission to the Council and to the European Parliament on the general approach to enable ENP partner countries to participate in Community agencies and Community programmes
Date: 2006-12-04
Institutions: European Commission
Subjects: EU office or agency, EU programme, European neighbourhood policy, third country

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 4.12.2006 
COM(2006) 724 final 

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND TO THE 
EUROPEAN PARLIAMENT 

on the general approach to enable ENP partner countries to participate in Community 
agencies and Community programmes 

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COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND TO THE 
EUROPEAN PARLIAMENT 

on the general approach to enable ENP partner countries to participate in Community 
agencies and Community programmes 

Introduction: 

An important chapter of the European Neighbourhood Policy (ENP) is the possibility for ENP 
partner countries to participate in certain Community policies and programmes or to establish 
closer cooperation with them. Such involvement can take two forms: 

•  ENP country participation, or observer status in, or cooperation with specific agencies or 
other  bodies  that  are  involved  in  the  management  of  Community  policies  (e.g.,  the 
European Maritime Safety Agency, European Environment Agency, European Monitoring 
Centre on Racism and Xenophobia, the Galileo Supervisory Authority etc.); 

•  inclusion of ENP partners in the implementation of Community policies (e.g., research & 
development,  consumer  protection,  information  society,  competitiveness  and  innovation, 
etc.). It will need to be decided for each programme whether funding for the participation 
of ENP partner countries should come from the countries themselves (as with members of 
the  European  Economic  Area)  or  from  the  EU  Budget  (either  from  the  relevant  internal 
programme  resources,  where  foreseen  in  the  respective  legal  basis,  or  through  dedicated 
funding under the European Neighbourhood and Partnership Instrument – ENPI). 

The  Commission  has  undertaken  a  comprehensive  review  of  existing  agencies  and 
programmes  to  assess  the  opportunities  for  progress  in  these  areas.  On  this  basis,  this 
Communication puts forward two distinct approaches, one for the participation in Community 
agencies, another for the participation in Community programmes.  

Regarding  the  first,  individual  agreements  will  need  to  be  negotiated  between  each  ENP 
partner and each agency. Regarding the latter, and in order to avoid the cumbersome process 
of establishing a multitude of decisions by Cooperation or Association Councils to lay down 
detailed technical terms and conditions for participation of each country in each programme 
case  by  case,  this  Communication  instead  envisages  a  two-stage  approach  inspired  by  past 
experience with pre-accession countries. As a first step, the Commission will seek a mandate 
to  negotiate  a  general  enabling  protocol  to  each  of  the  Partnership  and  Cooperation 
Agreements or Association Agreements, starting with those ENP partner countries that have 
already  agreed  ENP  Action  Plans.  Once  ratified,  these  protocols  will  provide  a  sound  legal 
basis  for  a  much  simpler  process  of  programme-specific  memoranda  of  understanding  with 
ENP partners that settle the details of participation in programmes of interest to both sides. A 
case-by-case approach would still remain possible, but be reserved for priority cases. 

The  Commission  intends  to  present  recommendations  for  specific  mandates  for  additional 
protocols  to  the  Partnership  and  Cooperation  Agreements  or  Association  Agreements  in 
spring 2007.  

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Background 

The Strategy Paper on the European Neighbourhood Policy of 12 May 20041 spelled out the 
policy  objective  of  enabling  the  16  ENP  partners  (Algeria,  Armenia,  Azerbaijan,  Belarus, 
Egypt,  Georgia,  Lebanon,  Libya,  Israel,  Jordan,  Moldova,  Morocco,  Syria,  the  Palestinian 
Authority,  Tunisia,  and  Ukraine)  to  take  part  in  relevant  Community  programmes.  The 
Strategy Paper indicated that the Commission was “conducting a survey of EU programmes 
and agencies where the participation of neighbouring countries may be in the interests of the 
enlarged EU and of neighbouring countries”. It explained that “the European Neighbourhood 
Policy  envisages  the  gradual  opening  of  certain  Community  programmes,  based  on  mutual 
interests and available resources”. It also stated that “certain partners have shown interest in 
participating, possibly as observers, in certain cooperative or rule-making Community fora”. 
On 14 June 2004, the Council endorsed this Strategy.  

ENP  Action  Plans  so  far  agreed  and  in  force  with  ten  ENP  partners  (Armenia,  Azerbaijan, 
Georgia, Israel, Jordan, Moldova, Morocco, the Palestinian Authority, Tunisia, and Ukraine) 
or  currently  in  the  process  of  adoption  (Egypt,  Lebanon)  contain  standard  wording  to  the 
effect that the ENP opens up new Partnership Perspectives including “possibilities of gradual 
opening of or reinforced cooperation in relevant Community programmes”. One ENP Action 
Plan also contains specific wording that commits the European Community to “undertake an 
overall examination of all Community programmes and bodies, with the objective of opening 
them to [the ENP partner’s] participation”.  

The concrete choice of specific programmes and agencies in which individual ENP partners 
might  participate  depends  on  the  identification  of  corresponding  interests  between  the 
European  Community,  ENP  partners  and  respective  agencies  as  well  as  the  outcome  of 
programme-, agency- and country-specific negotiations.  

This  Communication  provides  summary  information  on  agencies  and  programmes  available 
for  potential  ENP  partner  participation  and  aims  to  establish  a  general  approach  towards 
achieving the above-mentioned policy aim.  

Rationale 

The participation of ENP partner countries in Community agencies and programmes provides 
major opportunities for further strengthening the European Neighbourhood Policy. 

Some  agencies  may  themselves  be  interested  in  the  expertise  of  ENP  partners,  while  for 
others,  the  European  Union’s  goal  of  encouraging  and  supporting  regulatory  and 
administrative reform and institution building in neighbouring countries through the ENP will 
represent the overarching Community interest. Fulfilling the prerequisites for participating in 
activities of Community agencies – such as approximation with the Community acquis or the 
establishment of relevant national institutions with sufficient capacities – will, in many cases, 
act as a catalyst for and avenue towards reform and modernisation in relevant sectors. Often, 
this  will  also  constitute  an  effective  means  for  promoting  the  convergence  of  ENP  partners 
with EU norms, standards, best practices, and legal requirements. Thus, an element of positive 
conditionality is automatically inherent in the approach. Participation is in line with the ENP’s 

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Communication COM(2004) 373. 

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aim  of  projecting  internal  EU  policies  externally  to  help  promote  prosperity,  stability,  and 
security in the neighbourhood.  

Some Community programmes, where the legal bases so allow, have already been selectively 
opened up to enable candidate and pre-candidate as well as EEA countries and Switzerland to 
participate.  Past  experience  with  non-member  countries  has  shown  that  participation  in 
Community programmes can have very positive effects. At the policy and regulatory levels, 
such  participation  has  promoted  the  development  and  adoption  of  strategies  in  a  range  of 
policy  areas  relevant  to  reform  and  transition.  It  has  encouraged  partner  countries  to  adopt 
new  models  of  consultation  and  involvement  of  the  private  sector.  It  has  allowed  increased 
access by third country policymakers to specialised networks and exposed them to practical 
aspects of EU policymaking. In some cases, it has led to the establishment of new institutions, 
in  others  to  the  strengthening  of  the  administrative  capacity  and  legal  authority  of  existing 
ones. It has been instrumental in the transfer of best practices. Finally, such participation has 
also provided the European Union with greater visibility in third countries. 

Legal prerequisites 

The founding regulations (statutes) of agencies often include the possibility of third country 
participation.  

The  legal  bases  of  Community  programmes  frequently  provide  for  the  possibility  of  third 
country participation (i.e. contain an “opening clause”).  

Additionally, binding agreements under international law need to be established, determining 
the general terms and conditions for ENP partner participation.  

Participation in European Community agencies 

The European Community and the European Union have to date established 21 non-executive 
agencies in respective fields of competence, under diverse legal bases of the first pillar. Three 
more  are  on  the  verge  of  being  created.  These  agencies  are  often  financed  from  the 
Community  budget.  Some  of  them  are  self-financed.  Three  other  such  bodies  are  based  on 
second  pillar  provisions,  and  operate  under  the  control  of  the  Council,  with  a  budget 
exclusively funded through national contributions from the EU Member States. Three further 
such  bodies  are  established  under  third  pillar  provisions.  This  amounts  to  a  total  of  30 
different bodies and agencies (see Annex A).  

A European regulatory agency may be defined as an independent legal entity created by the 
legislator in order to help regulate a particular sector at European level and help implement a 
particular Community policy. By performing its tasks, it helps to improve the way in which 
rules are applied throughout the EU. 

In many cases, their founding regulations contain the standard provision that the “agency shall 
be  open  to  the  participation  of  third  countries  which  have  concluded  agreements  with  the 
European  Community  which  provide  for  the  adoption  and  application  by  these  countries  of 
Community law in the area covered by the basic act. Under these agreements, arrangements 
shall  be  made  specifying,  in  particular,  the  nature  and  the  manner  in  which  these  countries 
will participate in the agency’s work, including provisions on participation in certain internal 

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bodies, financial  contributions and employment of staff”2.  This  will,  however,  always  mean 
participation without voting rights in their decision-making bodies. Also, participation in the 
activities of an agency will not automatically lead to membership of that agency.  

As  the  European  legislator  creates  each  agency  through  respective  secondary  legislation, 
establishing  specific  provisions  for  each  agency,  the  legislator  has  laid  down  varying 
conditions for the participation of third countries, depending on the sector in which each such 
agency is active (see Annex B). 

Establishing a policy on the participation of ENP partners 

Concrete  arrangements  for  the  participation  of  individual  ENP  partner  countries  in  specific 
agencies will need to be negotiated, identifying and weighing the interests of the Community 
and  of  the  individual  ENP  partner.  Including  ENP  partners  in  agencies  in  which  their 
participation is possible will need to be done gradually and selectively, taking into account the 
mutual  benefits  of  such  participation  as  well  as  the  prerequisites  for  taking  part  in  their 
activities.  The  absorption  capacity  of  an  agency  is  to  be  considered  as  a  prerequisite.  The 
Commission  will  intensify  its  contacts  with  all  ENP  partners  to  identify  their  potential  for 
selectively participating in Community agencies, based on the priority given to the issue by 
each  partner  country  and  its  long-term  commitment  to  support  participation.  Making  use  of 
the  regular  dialogue  in  various  bodies  established  under  the  Partnership  and  Cooperation  or 
Association  Agreements  (i.e.  Cooperation  and  Association  Councils,  Committees,  and  Sub-
Committees), ENP partner countries will be encouraged to identify and present their concrete 
interests and capacity to participate in the work of Community agencies. 

In  parallel  to  preparing  formal  agreements  that  will  allow  ENP  partners  to  participate  in 
Community  agencies,  other  avenues  for  progressively  intensifying  the  agencies’  technical 
cooperation  with  neighbouring  countries  and  for  preparing  these  for  possible  participation 
may  also  need  to  be  explored  and  promoted.  This  exercise  will  need  to  duly  involve  the 
management boards of the respective agencies. 

Without prejudice to the outcome of more concrete consultations, the Commission judges the 
following  activities  of  Community  agencies  to  be  of  most  immediate  relevance  to  ENP 
partners: 

•  Participation  in  the  European  Network  and  Information  Security  Agency  (ENISA)  will 
necessitate the adoption and application of Community legislation in the field of network 
and  information  security,  but  will  be  possible  for  all  interested  partners.  European  ENP 
partners  that  are  signatory  to  the  Chicago  Convention3  and  agree  to  adopt  and  apply 
Community  law  in  the  respective  field  can  participate  in  the  European  Aviation  Safety 
Agency  (EASA).  To  those  third  countries  having  concluded  sector  agreements  with  the 
European  Community,  special  observer  status  in  EASA  may  be  granted.  Some  of  these 
third countries already enjoy a level of cooperation as members of the JAA (Joint Aviation 
Authorities),  as  EASA  is  also  a  member  of  the  JAA  since  2003.  Furthermore,  European 
ENP  partners  not  members  of  the  JAA  as  well  as  non-European  countries  can  cooperate 
with EASA by means of working arrangements concluded as administrative arrangements 

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3 

This standard clause is also reflected in Article 24 of the Commission proposal for an Interinstitutional 
Agreement on the operating framework for European regulatory agencies - COM(2005) 59, 25.2.2005. 
Convention on International Civil Aviation (Chicago Convention) of 7 December 1944. 

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between  their  civil  aviation  authorities  and  the  Agency  to  allow  for  more  effective 
verification  procedures  and  facilitate  the  certification  of  aeronautical  products.  Finally, 
ENP  partners  with  significant  aeronautical  production  can  conclude  mutual  recognition 
agreements  with  the  European  Community  concerning  their  respective  certification 
findings  and  thus  enjoy  a  high  level  of  regulatory  and  administrative  cooperation  with 
EASA.  On  condition  that  they  have  entered  into  agreements  with  the  Community  on 
adopting  and  applying  Community  law,  provision  could  be  made  for  the  participation  of 
ENP  partners  in  the  European  Maritime  Safety  Agency  (EMSA)  and  of  European  ENP 
partners  in  the  European  Railway  Agency  (ERA).  Similarly,  participation  of  the  ENP 
partners in the activities of  the European Food Safety Agency is conditional on adoption 
and  application  of  the  body  of  EU  legislation  related  to  food  and  feed  safety4.  The 
European  Environment  Agency  (EEA)  –  a  Community  agency  now  numbering  32 
members  since  the  accession  of  Switzerland  –  is  currently  exploring  possibilities  for 
participation  of  selected  ENP  countries  in  certain  EEA  activities.  Already,  it  is  giving 
priority  to  cooperating  with  ENP  partners  in  regional  cooperation  processes  (such  as  the 
UNECE-led  Environment  for  Europe  Process,  environment-related  activities  under  the 
Euro-Mediterranean Process or the Black Sea Commission).  

•  As  of  now,  ENP  partner  participation  is  not  possible  in  some  Community  agencies 
restricted  to  supporting  EC  Member  States  in  applying  certain  internal  Community 
policies,  such  as,  for  instance,  the  European  Centre  for  the  Development  of  Vocational 
Training  (Cedefop),  the  Office  for  Harmonisation  in  the  Internal  Market  (OHIM),  or  the 
Community Plant Variety Office (CPVO). 

The  main  purpose  of  other  agencies  is  precisely  cooperation  with  third  countries,  including 
ENP  partners,  such  as  in  the  case  of  the  European  Training  Foundation  (ETF).  As  ENP 
partners  are  evidently  counterparts  of  such  EC  agencies,  they  cannot  participate  in  them  as 
observers or the like.  

Some  other  agencies  currently  only  envisage  cooperating  selectively  with  third  countries  as 
external  partners  in  specific  activities.  The  details  of  such  cooperation  are  decided  by  the 
management board of the relevant agency. For instance, ad hoc participation of ENP partners 
in  various  activities,  such  as  expert  committees,  seminars  and  surveys,  of  the  European 
Foundation  for  the  Improvement  of  Living  and  Working  Conditions  (Eurofound)  seems 
desirable  and  feasible.  Participation  in  information  activities  and  national  information 
networks  of  the  European  Agency  for  Safety  and  Health  at  Work  (EU-OSHA)  can  also  be 
envisaged.  Once  such  agencies  as  the  European  Centre  for  Disease  Prevention  and  Control 
(ECDC) that now collaborate informally with ENP partners on selective issues, such as avian 
influenza, complete their current start-up phase, they will be in a position to enable more far-
reaching participation of ENP partners. The regulation establishing the Community Fisheries 
Control  Agency  (CFCA)  allows  cooperation  with  third  countries  on  fisheries  control  and 
inspection. 

The  situation  of  and  potential  for  ENP  partner  countries’5  participation  thus  varies  between 
the agencies.  

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375 directives on food and feed safety, 95 directives on animal health, 84 directives on plant health as 
well as approx. 400 regulations and numerous decisions and recommendations. 
The  expression  “partner  countries”,  as  used  in  this  Communication,  also  includes  the  Palestinian 
Authority. 

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In  a  number  of  cases,  a  gradual  approach  will  be  needed  starting  with  the  launching  of 
cooperation programmes to familiarise ENP partner countries with the agencies’ work. Their 
aim  would  be  to  carry  out  the  requisite  preparations  in  terms  of  adoption  of  Community 
acquis  and  upgrading  administrative  capacity  where  this  is  a  pre-condition  of  participation. 
Only then, with the benefit of experience gathered during the cooperation programmes would 
it be appropriate to consider whether to conclude an agreement on involvement in the work of 
respective agencies.  

Although  not  open  to  membership  of  ENP  partner  countries,  the  European  Police  Office 
(Europol),  the  European  Judicial  Cooperation  Unit  (Eurojust)  and  the  European  Agency  for 
the Management of Operational Cooperation at the External Borders of the Member States of 
the EU (Frontex) are offering interesting possibilities for cooperation with them. Cooperation 
agreements  exist  with  a  number  of  third  counties,  including  the  Russian  Federation,  while 
others  such  as  the  USA  and  Croatia  have  operational  agreements.  Both  the  priorities  of 
external relations policies of the European Union and the priorities based on operational needs 
are taken into consideration when choosing the partner countries. 

Participation in European Community programmes 

The Commission manages a number of sector-specific Community programmes (e.g. Aeneas, 
Tempus, Erasmus Mundus) specifically designed to support third countries, in particular ENP 
partners. These external programmes are not the subject of this Communication.  

This Communication solely refers to internal Community programmes that were established 
for  the  benefit  of  EU  Member  States  and  to  support  the  European  Community’s  internal 
policies.  These  programmes  are  an  integrated  set  of  actions  adopted  by  the  European 
Community in order to promote cooperation between its Member States in different specific 
fields, and over several years, to achieve objectives set by the Community. In principle, they 
are  conceived  exclusively  for  Member  States,  on  the  basis  of  a  specific  allocation  from  the 
EU’s general budget. However, the Regulations establishing such programmes allow in many 
cases  for  the  possibility  of  third  country  participation,  provided  that  certain  terms  and 
conditions  are  met.  Furthermore,  depending  on  their  subject  matter,  some  internal 
programmes have an external dimension.  

The European institutions are currently establishing new Community programmes that will be 
funded under the Financial Perspective 2007-2013. These programmes are partly listed in the 
Commission  Communication  of  22  May  20066,  which  summarises  a  package  of  legislative 
proposals submitted for decision. However, that Communication does not include legislative 
proposals  on  which  a  political  agreement  was  only  reached  after  17  May  2006.  A  fuller 
picture is currently evolving, as the legislative process for a number of these new programmes 
is still ongoing. Therefore, it is only possible to draw up a preliminary list of respective legal 
bases (Annex C) that may still change. 

In many cases, these new Community programmes will replace ongoing programmes due to 
expire at the end of 2006. The present Communication therefore focuses only on programmes 
having effect beyond the end of this year.  

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Many  of  these  legal  bases  stipulate  that  a  programme  may  be  “open  to  the  participation  of 
third  countries,  when  agreements  so  allow”.  Some  such  “opening  clauses”  specifically 
formulate  the  eligibility  of  third  countries  (in  particular  countries  covered  by  the  ENP)  to 
participate “in accordance with conditions laid down in respective agreements establishing the 
general principles for their participation in Community programmes”.  

The existing Partnership and Cooperation Agreements or Association Agreements with ENP 
partners  do  not  contain  provisions  relating  to  Community  programmes.  It  therefore  appears 
necessary to conclude protocols to these Agreements in accordance, in particular, with Article 
300  of  the  Treaty  establishing  the  European  Community  and  with  reference  to  the  internal 
legal  bases  for  the  various  Community  programmes  concerned.  These  protocols  would 
contain framework agreements laying down the general terms and conditions for ENP partner 
participation and would serve as a basis for memoranda of understanding that would spell out 
specific  technical,  financial  and  administrative  arrangements  for  individual  ENP  partner 
participation in specific programmes.  

Establishing a consistent policy on the inclusion of ENP partners 

Participation in the various Community programmes will be of differing interest and utility to 
ENP  partner  countries  and  the  Community.  A  short  survey  of  the  policy  fields  suggests  the 
following: 

•  The  Competitiveness  and  Innovation  Framework  Programme  (CIP),  together  with  its 
Entrepreneurship  and  Innovation  component,  represents  a  marked  change  in  supporting 
entrepreneurship within the European Community. Participation of ENP partner countries 
will be feasible, subject to bilateral agreements.  

•  Once  management  of  its  further  new  sub-programme,  the  Intelligent  Energy-Europe 

programme, is consolidated, participation can also be subject to specific agreements.  

•  The  same  applies  to  the  third  element  of  the  CIP,  namely  the  ICT  Policy  Support 

programme. 

•  Different  modalities  of  involvement  in  the  MEDIA  2007  programme  are  available  to 
European  ENP  partner  countries  that  have  ratified  the  Council  of  Europe  Convention  on 
Trans-Frontier  Television.  Compatibility  of  their  relevant  legislation  in  the  media  and 
audiovisual  sector  with  the  Community  acquis,  including  its  external  dimension  (e.g. 
ratification  of  the  UNESCO  Convention  on  Cultural  Diversity),  is  a  general  prerequisite 
for participation in this programme. All modalities of participation require supplementary 
appropriations and specific arrangements to be agreed upon as well as an agreement of the 
financial contribution of the participating country. 

•  The  Marco  Polo  programme  on  transport  provides  for  the  participation  of  neighbouring 
countries on the basis of supplementary appropriations in accordance with procedures to be 
agreed with those respective countries.  

•  The  widest  possible  involvement  of  ENP  partner  countries  is  desirable  in  the  SESAR 
programme,  which  represents  the  technological  component  of  the  Single  European  Sky. 
Once  third  countries  sign  a  horizontal  agreement  on  air  transport  –  the  ENP  partner 
countries Azerbaijan, Georgia, Lebanon, Moldova, Morocco, and Ukraine have signed or 

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are in the process of doing so – they are eligible to become members of the SESAR Joint 
Undertaking.  

•  The  2007-2013  public  health  programme  envisages  potential  participation  by  third 

countries, in particular ENP partner countries.  

•  The same applies to the consumer policy programme 2007-2013. The specific content of 
ENP partner country participation will need to be determined according to their progress in 
approximating with the Community acquis in this field.  

•  The Commission  proposals concerning the Customs 2013 and  Fiscalis 2013 programmes 
foresee the participation of those ENP partner countries having reached a sufficient level of 
approximation  of  their  relevant  legislation  and  administrative  methods  to  those  of  the 
Community, subject to the establishment of a framework agreement.  

•  Pericles, the Community programme for exchange, assistance and training in the protection 
of the Euro against counterfeiting, foresees that it shall be open to non-member countries 
in so far as appropriations are available in the Community budget, under conditions and in 
accordance with arrangements to be agreed with those countries.  

•  The  programme  on  Interoperable  Delivery  of  European  e-Government  Services  to 
Administration,  Business  and  Citizens  (IADBC)  foresees  international  cooperation  with 
third countries including ENP partner countries in line with the provisions of Article 14(2) 
of Decision 2004/387/EC adopting this programme without prejudice to any other clause 
of this Decision. Costs related to such participation shall not be covered by the programme. 

Apart from these strictly internal programmes that are conditionally open to the participation 
of  ENP  partner  countries,  some  Community  programmes  are  already  designed  to  allow  for 
specific  forms  of  ENP  partner  participation.  They  offer  designated  avenues  for  involving 
individuals  and  bodies  from  ENP  partner  countries  without  requiring  general  terms  and 
conditions to be laid down in framework agreements adopted in protocols to the Association 
or Partnership and Cooperation Agreements: 

•  The Seventh Framework Programme for Research already foresees possibilities of funding 

for ENP partner organisations.  

•  The Life-Long Learning programme envisages the possibility of funding for partners from 
third  countries  participating  in  partnership,  project  and  network  actions  up  to  1%  of  the 
programme’s budget. 

•  The  Culture  programme  on  promoting  cultural  cooperation  between  creative  artists, 
cultural players and cultural institutions is open to cooperation with (and not participation 
of) third countries which have concluded Association or Cooperation Agreements with the 
European Community (such as the ENP partner countries) which include cultural clauses, 
on the basis of supplementary appropriations and specific procedures. 

•  The Youth in Action programme for the period 2007-2013 foresees cooperation with third 
countries that have signed Agreements with the European Community relevant to the youth 
field (so called “partner countries”). The cooperation modality thus allows the involvement 
of  participants  from  ENP  partner  countries  in  most  of  the  activities  supported  by  the 
programme. 

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•  The  Hercule  II  programme  allows  expenditure  for  the  protection  of  the  Community’s 
financial interests to be incurred in connection with the participation of countries covered 
by the ENP. 

•  Projects  under  various  programmes  in  the  field  of  justice,  freedom  and  security  funded 
under the Framework Programme on Fundamental Rights and Justice may associate third 
countries such as ENP partners where the latter’s involvement serves their objective. The 
Framework Programme on Security and Safeguarding Liberties also allows third countries 
to participate in individual projects.  

•  Finally,  the  European  Regional  Development  Fund  (ERDF)  can  finance  some  actions 
outside the territory of the European Community in the framework of cross-border, trans-
national or interregional cooperation. 

Finally, there are some Community programmes that do not appear suitable for participation 
by  ENP  partners,  such  as  the  Europe  for  Citizens  programme  which  promotes  active 
European  citizenship.  Other  programmes  like  e-Content  Plus,  Safer  Internet  Plus,  or 
Solidarity and the Management of Migration Flows are not open to any form of participation 
by  or  cooperation  with  ENP  partner  countries.  This  is  also  the  case  of  the  Community 
Programme  for  Employment  and  Social  Solidarity  (Progress)  which  aims  at  supporting  the 
implementation of objectives of the European Union in the employment and social area as set 
out in the Social Agenda. 

Methodology 

The  methodology  to  allow  the  participation  of  ENP  partners  differs  between  Community 
agencies and Community programmes. 

The participation of ENP partners in agencies will require bilateral agreements to be drawn up 
on  a  case-by-case  basis,  for  each  ENP  partner  and  agency,  individually  and  separately. 
Agreements  of  this  nature  will  address  issues  such  as  fulfilling  legislative  or  administrative 
prerequisites  for  participation  (e.g.  full  alignment  with  the  relevant  acquis),  privileges  and 
immunities  for  officials  of  agencies  during  their  missions  to  ENP  partner  countries,  work 
permits  and  social  security  provisions  and  other  status  questions  in  relation  to  ENP  partner 
countries’ citizens assigned to work in agencies, the delegation of sovereign rights linked to 
the respective agencies, the right of agencies to apply Community law in their relations with 
ENP partner countries, and provisions regarding financial control.  

With  regard  to  Community  programmes,  the  Commission  proposes  to  follow,  mutatis 
mutandis, the practice already established in relation to candidate and pre-candidate countries7 
(the  so-called  “framework  approach”  used  since  2002).  This  methodology  comprises  two 
main steps: 

The legal bases of the relevant programmes regularly require terms and conditions for third 
country participation to be determined through agreements between the Community and the 
respective  countries.  Currently,  Partnership  and  Cooperation  Agreements  or  Association 
Agreements are in force with all ENP partners except three (the Partnership and Cooperation 

7 

See,  for  instance,  the  Communication  from  the  Commission  to  the  Council  and  the  European 
Parliament of 3 December 2003 on “preparing for the participation of the Western Balkan countries in 
Community programmes and agencies” - COM(2003) 748. 

EN 

10 

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Agreement with Belarus is currently “frozen”; the Association Agreement with Syria has not 
yet been signed; and no Association Agreement has yet been negotiated with Libya), but do 
not  contain  any  provisions  to  this  end.  Thus,  an  additional  protocol  on  a  framework 
agreement8  setting  out  general  principles  for  participation  should  preferably  be  established 
with  each  of  the  ENP  partners  to  allow  such  participation  in  the  programmes  whose  legal 
basis includes the provision of “opening up” to the ENP countries (see Annex C).  

It seems appropriate to start negotiating such protocols with those ENP partner countries with 
which ENP Action Plans have been concluded. Since its Association Agreement entered into 
force  in  September  2005,  a  protocol  could  also  be  established  with  Algeria,  enabling  the 
consultation of memoranda of understanding once an ENP Action Plan will have been agreed 
with this partner country, too. 

Such protocols would also stipulate that more detailed terms and conditions for participation 
are to be established in specific memoranda of understanding for each programme, giving due 
consideration to the concrete interests of both sides in such participation. They will, inter alia, 
lay  down  the  rules  governing  participation,  in  particular  the  administrative  capacities  and 
financial  contribution  required,  the  mechanisms  for  taking  part  in  the  management  of  the 
programme, and financial control provisions.  

The “framework approach” offers the advantage of requiring ratification of only one protocol 
per ENP partner, establishing a framework agreement opening the way to the conclusion of 
programme-specific memoranda of understanding. This methodology allows the Commission, 
acting  on  behalf  of  the  Community,  to  establish  or  later  amend  the  technical  and 
administrative  conditions  for  individual  ENP  partners  to  participate  in  specific  programmes 
without  a  cumbersome  process  of  involving  Cooperation  and  Association  Councils  in  such 
technical  detail.  This  general  approach  shall,  however,  in  priority  cases  of  clearly  identified 
interest,  not  prevent  the  competent  bodies  from  taking  individual  decisions  to  enable  a 
particular ENP partner country to participate in a specific programme, notably in the absence 
of such a protocol.  

These memoranda of understanding negotiated between the Commission and the ENP partner 
would  follow  a  standard  format  already  established  for  such  understandings  reached  with 
candidate  and  pre-candidate  countries.  For  those  programmes  managed  on  behalf  of  the 
Community  by  executive  agencies  (parts  of  the  CIP  as  well  as  the  Marco  Polo,  Intelligent 
Energy,  Public  Health,  and  Media  programmes,  and  Seventh  Framework  Programme  for 
Research), these will duly need to be fully associated with the negotiations.  

Financial contributions and Community assistance 

ENP  partners  interested  in  participating  in  Community  agencies  as  well  as  Community 
programmes will be asked to contribute financially. Since their financial contributions need to 
be  calculated  on  the  basis  of  specific  features  of  each  individual  agency  or  programme 
concerned,  it  is  impossible  to  determine  them  in  advance.  The  criteria  for  calculating 
participation fees vary from agency to agency and from programme to programme. In some 
cases,  they  depend  on  GDP-based  formulae  and  in  others  on  the  tasks  of  the  agencies  and 
programmes. Calculations may also be affected by specificities of individual ENP partners. In 

8 

Examples  of  such  Framework  Agreements  and  Protocols  to  the  Stabilisation  and  Association 
Agreements with certain Western Balkan countries can be found in OJ L 192, 22.7.2005. 

EN 

11 

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general,  experience  with  candidate  countries  will  provide  guidance  on  establishing  the 
appropriate contributions to be expected from ENP partners.  

As  mentioned  above,  only  rarely  do  Community  programmes  established  for  internal 
purposes provide for a budget to be used to support collaboration with third countries.  

As  with  Community  programmes,  the  Community  agencies’  budgets  are,  as  a  rule,  internal 
budget headings. As a result, participation of non-Member States in agencies will need to be 
fully  covered  either  by  a  full  contribution  of  costs  to  the  Community  budget  or  through 
cooperation  programmes  funded  through  Community  assistance  from  the  ENPI  or  by  other 
donors. 

Blanket  generic  assistance  to  support  participation  in  agencies  and  programmes,  as  for 
candidate and pre-candidate countries, is not planned for ENP partner countries at the present 
juncture,  since  the  European  Neighbourhood  Policy  is  distinct  from  the  European  Union’s 
enlargement policy. However, the ENP aims to support modernisation and reform processes, 
in particular institutional modernisation and capacity building in ENP partner countries. 

Thus,  on  a  case-by-case  basis,  such  support  may  be  included  as  part  of  the  regular  national 
programming  of  Community  assistance  from  the  European  Neighbourhood  and  Partnership 
Instrument  (ENPI)  through  Country  Strategy  Papers  and  National  Indicative  Programmes. 
This  assistance,  which  could  be  limited  to  an  agreed  pre-determined  period,  would  aim  to 
facilitate the participation of an ENPI beneficiary country in specific programmes or agencies 
or  help  it  prepare  for  participation  by  supporting  its  administrative  capacity  building  or 
alignment  with  Community  legislation,  policies,  and  best  practices.  Assistance  may  also  be 
useful  to  support  beneficiaries  in  fully  exploiting  the  opportunities  available  under  such 
programmes.  

Reporting 

The  Commission  will  report  regularly  to  Council  and  Parliament  on  progress  achieved  in 
implementing the European Neighbourhood Policy and in promoting as well as implementing 
individual ENP Action Plans. These reports will also contain information on participation in 
agencies  and  programmes.  The  Commission  is  presenting  the  first  such  progress  report 
simultaneously with this Communication. 

Steps ahead 

A  number  of  ENP  partner  countries  have  already  indicated  their  interest  in  participating  in 
selected agencies and programmes. Furthermore, they point to references in the various ENP 
Action Plans committing both sides to explore the possibilities for such participation.  

With  progress  being  made  on  the  adoption  of  the  legal  bases  for  various  Community 
programmes that will come into effect for the Financial Perspective 2007-2013, the following 
prerequisite elements are now in place: 

(1)  With  regard  to  Community  agencies  and  programmes,  a  general  commitment  within 
the  framework  of  the  European  Neighbourhood  Policy  to  open  them  up  to 
participation by ENP partners. 

(2)  With regard to agencies as well as programmes, the expression of interest of specific 

ENP partners in participating in their activities. 

EN 

12 

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(3)  With regard to programmes, decisions on establishing Community programmes for the 
Financial Perspective  2007-2013  as well as on the possibility  of  opening them up to 
participation by ENP partners. 

(4)  With  regard  to  launching  negotiations  on  concrete  terms  and  conditions  for  such 
participation, the conclusion of ENP Action Plans with soon twelve of the sixteen ENP 
partner countries, and the entry into force of the Association Agreement with Algeria.  

On this basis, it is now appears appropriate to open consultations:  

(1) 

(2) 

(3) 

to  agree,  selectively  and  gradually,  on  developing  participation  of  individual  ENP 
partners  in  the  work  and  activities  of  particular  Community  agencies,  based  on 
identified mutual interests and meeting the necessary prerequisites; 

to  agree  a  series  of  protocols  to  the  relevant  Partnership  and  Cooperation  or 
Association Agreements, establishing framework agreements with these thirteen ENP 
partners regarding their participation in Community programmes; and 

to  launch  technical  consultations  with  a  view  to  establishing  detailed  memoranda  of 
understanding on the basis of these framework agreements, determining the technical 
details of such participation in individual programmes.  

The Commission’s regular contacts with the respective ENP partners, in particular within the 
framework of Cooperation and Association Committees as well as specific Sub-Committees 
established  under  these  Agreements,  provide  an  avenue  for  launching  focused  technical 
consultations,  which  can  identify  the  concrete  mutual  interests  in  such  participation  and 
subsequently determine its scope, terms and conditions. This can also be done through sector 
agreements in relevant areas. 

Conclusions 

The  Commission  invites  the  Council  to  support  the  approach  described  in  the  present 
Communication  and  to  draw  up  Conclusions  on  the  implementation  of  this  aspect  of  the 
European Neighbourhood Policy. 

On  this  basis,  the  Commission  intends  to  submit  recommendations  for  the  authorisation  to 
open negotiations with ENP partners to establish the said protocols.  

EN 

13 

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Annex A 

List of EC and EU agencies (non-executive, regulatory) 

  Community 
(1st pillar) 

agencies 

Seats 

Founding acts 

1 

2 

(European 
CEDEFOP* 
Centre  for  the  Development 
of Vocational Training) 

*  Centre  européen  pour 
le 
Développement  de  la  Formation 
Professionnelle 

Thessalonica/GR 

Regulation  (EEC)  No  337/75  of  the  Council  of  10 
February  1975  establishing  a  European  Centre  for 
the Development of Vocational Training, OJ L 39, 
13.2.1975, p. 1 

(European 
EUROFOUND 
Foundation 
the 
Improvement  of  Living  and 
Working Conditions) 

for 

Dublin/IE 

Regulation  (EEC)  No  1365/75  of  the  Council  of  26 
May 1975 on the creation of a European Foundation 
for  the 
living  and  working 
improvement  of 
conditions, OJ L 139, 30.5.1975, p. 1  

3 

EEA (European Environment 
Agency) 

Copenhagen/DK 

4 

(European  Training 

ETF 
Foundation) 

Turin/IT 

5 

EMCDDA 
(European 
Monitoring  Centre  for  Drugs 
and Drug Addiction) 

Lisbon/PT 

EMEA 
for 
Medicinal Products) 

(European  Agency 
of 
Evaluation 

the 

London/GB 

6 

7 

the  establishment  of 

Council  Regulation  (EEC)  No  1210/90  of  7  May 
the  European 
1990  on 
European 
the 
Environment  Agency 
Environment  Information  and  Observation  Network, 
OJ L 120, 11.5.1990, p. 1  

and 

Council  Regulation  (EEC)  No  1360/90  of  7  May 
1990 establishing a European Training Foundation, 
OJ L 13, 23.5.1990, p. 1  

Council  Regulation  (EEC)  No  302/93  of  8  February 
1993  on 
the  establishment  of  a  European 
Monitoring Centre for Drugs and Drug Addiction, 
OJ L 36, 8.2.1993, p. 1  

Note: In July 2006, a political agreement was reached 
between the European Parliament and the Council on 
a  recast  of  the  EMCDDA  regulation.  This  recast  is 
expected  to  enter  into  force  still  in  2006  and  will 
replace Council Regulation (EEC) No 302/93. 

Council  Regulation  (EEC)  No  2309/93  of  22  July 
1993  laying  down  Community  procedures  for  the 
authorisation  and  supervision  of  medicinal  products 
for  human  and  veterinary  use  and  establishing  a 
European Agency for the Evaluation of Medicinal 
Products, OJ L 214, 24.8.1993, p. 1  

(Office 

for 
OHIM 
Harmonisation in the Internal 
Market) 

Alicante/ES 

Council  Regulation  (EC)  No  40/94  of  20  December 
1993 on the Community trade mark (See Art. 2), OJ 
L 11, 14.1.1994, p. 1  

8  OSHA (European Agency for 
Safety and Health at Work) 

Bilbao/ES 

Council Regulation (EC) No 2062/94 of 18 July 1994 
establishing  a  European  Agency  for  Safety  and 

EN 

14 

   EN 

 
 
 
 
 
Health at Work, OJ L 216, 20.8.1994, p. 1 

9 

CPVO 
Variety Office) 

(Community  Plant 

Angers/FR 

Council Regulation (EC) No 2100/94 of 27 July 1994 
on Community plant variety rights (see Art. 4), OJ L 
227, 1.9.1994, p. 1  

(Translation  Centre 

CdT* 
for the bodies of the EU) 

10 

Luxembourg/LU 

*  Centre  de 
organes de l’UE 

traduction  des 

Council  Regulation 
(EC)  No  2965/94  of  28 
November 1994 setting up a Translation Centre for 
bodies of the European Union, OJ L 314, 7.12.1994, 
p. 1  

11 

(European 
EUMC 
Monitoring Centre on Racism 
and Xenophobia) 

Vienna/AT 

12 

EAR  (European  Agency  for 
Reconstruction) 

Thessalonica/GR 

13 

EFSA 
Safety Authority) 

(European 

Food 

Parma/IT 

EMSA  (European  Maritime 
Safety Agency) 

14 

Lisbon/PT 

15  EASA  (European  Aviation 

Safety Agency) 

Cologne/DE 

16 

ENISA  (European  Network 
and 
Security 
Agency)  

Information 

Heraklion/GR 

17  ECDC  (European  Centre  for 
and 

Prevention 

Disease 
Control) 

Stockholm/SE 

Council Regulation (EC) No 1035/97 of 2 June 1997 
establishing  a  European  Monitoring  Centre  on 
Racism and Xenophobia, OJ L 151, 10.6.1997, p. 1. 
Due  to  be  replaced  by  a  European  Agency  for 
Fundamental  Rights 
infra,  proposed  EC 
(see 
agencies, No 3) 

Council  Regulation  (EC)  No  2454/1999  of  15 
November  1999  amending  Regulation  (EC)  No 
1628/96  relating  to  aid  for  Bosnia  and  Herzegovina, 
Croatia,  the  Federal  Republic  of  Yugoslavia  and  the 
former  Yugoslav  Republic  of  Macedonia, 
in 
particular  by  the  setting  up  of  a  European  Agency 
for Reconstruction, OJ L 299, 20.11.1999, p. 1  

Regulation  (EC)  No  178/2002  of  the  European 
Parliament  and  of  the  Council  of  28  January  2002 
laying  down  the  general  principles  and  requirements 
of food law, establishing the European Food Safety 
Authority and laying down procedures in matters of 
food safety, OJ L 31, 1.2.2002, p. 1  

Regulation  (EC)  No  1406/2002  of  the  European 
Parliament  and  of  the  Council  of  27  June  2002 
establishing  a  European  Maritime  Safety  Agency, 
OJ L 208, 5.8.2002, p. 1  

Regulation  (EC)  No  1592/2002  of  the  European 
Parliament  and  of  the  Council  of  15  July  2002  on 
common  rules  in  the  field  of  civil  aviation  and 
establishing  a  European  Aviation  Safety  Agency, 
OJ L 240, 7.9.2002, p. 1 

Regulation  (EC)  No  460/2004  of  the  European 
Parliament  and  of  the  Council  of  10  March  2004 
establishing 
and 
Information  Security  Agency,  OJ  L  77,  13.3.2004, 
p. 1  

the  European  Network 

Regulation  (EC)  No  851/2004  of  the  European 
Parliament  and  of  the  Council  of  21  April  2004 
establishing  a  European  Centre 
for  disease 
prevention and control, OJ L 142, 30.4.2004, p. 1  

EN 

15 

   EN 

 
 
 
 
 
 
 
18 

(European  Railway 

ERA 
Agency) 

Lille-
Valenciennes/FR 

19 

European 
Supervisory 
(GALILEO) 

GNSS 
Authority 

Not decided 

FRONTEX* 
(European 
Agency  for  the  Management 
of  Operational  Cooperation 
at the External Borders of the 
Member States of the EU)  

20 

* Frontières Extérieures 

Warsaw/PL 

Regulation  (EC)  No  881/2004  of  the  European 
Parliament  and  of  the  Council  of  29  April  2004 
establishing  a  European  railway  agency  (Agency 
Regulation), OJ L 164, 30.4.2004, p. 1  

Council  Regulation  (EC)  No  1321/2004  of  12  July 
2004  on  the  establishment  of  structures  for  the 
management  of 
radio-
the  European 
navigation  programmes  (see  Art.  1),  OJ  L  246, 
20.7.2004, p. 1  

satellite 

Council  Regulation 
(EC)  No 2007/2004  of  26 
October  2004  establishing  a  European  Agency  for 
the  Management  of  Operational  Cooperation  at 
the External Borders of the Member States of the 
European Union, OJ L 349, 25.1.2004, p. 1 

21 

CFCA (Community Fisheries 
Control Agency) 

Vigo/ES 

Council  Regulation  (EC)  No 768/2005  of  26  April 
2005  establishing  a  Community  Fisheries  Control 
Agency and amending Regulation (EEC) No 2847/93 
establishing  a  control  system  applicable  to  the 
common fisheries policy, OJ L 128, 21.5.2005, p. 1 

  Community 

agencies 
inter-

proposed/under 
institutional 
negotiation (1st pillar) 

Seats 

Commission proposals 

1 

ECA 
Agency)  

(European  Chemicals 

Helsinki/FI 

2  European Gender Institute 

Not decided 

the  European  Parliament  and  of 

COM(2003) 644, 29.10.2003: Proposal for a Regulation 
of 
the  Council 
concerning  the  Registration,  Evaluation,  Authorisation 
and  Restriction  of  Chemicals  (REACH),  establishing  a 
European  Chemicals  Agency  and  amending  Directive 
1999/45/EC  and  Regulation  (EC)  on  Persistent  Organic 
Pollutants, not published in OJ 

COM(2005)  81,  8.3.2004:  Proposal  for  a  Regulation  of 
the European Parliament and of the Council establishing 
a  European  Institute  for  Gender  Equality,  not 
published in OJ 

3 

EFRA 
Agency 
Rights) 

(European  Union 
for  Fundamental 

Vienna/AT 

COM(2005)  280,  30.6.2005:  Proposal  for  a  Council 
Regulation establishing a European Union Agency for 
Fundamental Rights, not published in OJ 

EN 

16 

   EN 

 
 
 
 
 
 
 
EU  agencies  (2nd  and 
3rd pillars) 

Seats 

Founding acts 

ISS  (European  Institute  for 
Security Studies) 

Paris/FR 

Council  Joint  Action  of  20  July  2001  on 
the 
establishment  of  a  European  Union  Institute  for 
Security Studies, OJ L 200, 25.7.2001, p. 1  

EUSC 
Satellite Centre) 

(European  Union 

Torrejón 
Ardoz/ES 

de 

Council  Joint  Action  of  20  July  2001  on 
the 
establishment  of  a  European  Union  Satellite  Centre, 
OJ L 200, 25.7.2001, p. 5  

(European  Defence 

EDA 
Agency) 

Brussels/BE 

Council Joint Action 2004/551/CFSP of 12 July 2004 on 
the establishment of the European Defence Agency, OJ 
L 245, 17.7.2004, p. 17  

EUROPOL 
Police Office) 

(European 

The Hague/NL 

Council Act of 26 July 1995 drawing up the Convention 
on  the  establishment  of  a  European  Police  Office 
(Europol Convention), OJ C 316, 27.11.1995, p. 1. 

EUROJUST  (The  European 
Union’s Judicial Cooperation 
Unit) 

The Hague/NL 

Council  Decision  2002/187/JHA  of  28  February  2002 
setting up Eurojust with a view to reinforcing the fight 
against serious crime, OJ L 63, 6.3.2002, p. 1 

CEPOL*  (European  Police 
College) 

* Collège européen de police 

Bramshill//UK 

Council  Decision  2005/681/JHA  of  20  September  2005 
establishing the European Police College (CEPOL) and 
repealing Decision 2000/820/JHA, OJ L 256, 1.10.2005, 
p. 63 

1 

2 

3 

4 

5 

6 

EN 

17 

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Annex B 

List of Agencies – “openness” to ENP partners 

Agency 

Seat 

Potentially 
open to 
ENP 
partners  

Relevant legal provisions 

CEDEFOP  (European  Centre  for  the 
Development of Vocational Training) 

Thessalonica  

No 

Regulation (EEC) No 2337/75 of 10 February 1975 

EUROFOUND  (European  Foundation 
for  the  Improvement  of  Living  and 
Working Conditions) 

Dublin 

Yes 

Regulation (EEC) No 1365/75 of 26 May 1975, Article 3(2): 
The  Foundation  shall  cooperate  as  closely  as  possible  with  specialised  institutes, 
foundations and bodies in the Member States or at international level. 

EEA (European Environment Agency) 

Copenhagen 

Yes 

Regulation (EEC) No 1210/90 of 7 May 1990 

Preamble:  Whereas  it  is  desirable  to  provide  for  the  Agency  to  be  open  to  other 
countries  which  share  the  concern  of  the  Community  and  the  Member  States  for  the 
objectives  of  the  Agency  under  agreements  to  be  concluded  between  them  and  the 
Community; 
Article 2: For the purposes of achieving its objective, the tasks of the Agency shall be: 
(v)  to  promote  the  incorporation  of  European  environmental  information  into 
international  environment  monitoring  programmes  such  as  those  established  by  the 
United Nations and its specialised agencies; 
(vi) to ensure the broad dissemination of reliable environmental information.   
Article 19:  The Agency is open to countries which are not members of the European 
Communities but which share the concerns of the Communities and the Member States 
for  the  objectives  of  the  Agency  under  agreements  concluded  between  them  and  the 
Community following the procedure in Article 228 of the Treaty. 

EN 

18 

EN 

 
  
 
 
 
ETF (European Training Foundation) 

Turin 

No 

EMCDDA 
Centre for Drugs and Drug Addiction) 

(European  Monitoring 

Lisbon  

Yes 

Article  20:  No  later  than  two  years  after  the  entry  into  force  of  this  Regulation,  
the Council shall decide on further tasks for the Agency in particular in the following 
areas: ... promoting environmentally friendly technologies and processes and their use 
and transfer within the Community and in third countries. 

Regulation  (EEC)  No  1360/90  of  7  May  1990,  Article  16  -  Participation  of  third 
countries:  

1. The Foundation shall be open to the participation of countries which are not members 
of the European Community and which share the commitment of the Community and 
the Member States to the provision of aid in the training field to the eligible countries 
defined in Article 1. 

Note:  As  ENP  partner  countries  are  beneficiaries  of  the  ETF,  this  provision  does  not 
apply to them. 

Regulation  (EEC)  No  302/93  of  8  February  1993,  Article  13  -  Non-Community 
countries: 

1.  The  Centre  shall  be  open  to  the  participation  of  those  non-Community  countries 
which share the Community's interests and those of its Member States in the Centre's 
objectives  and  work,  on  the  basis  of  agreements  entered  into  between  them  and  the 
Community on the basis of Article 235 of the Treaty.  
2. The management board may take a decision on the involvement of experts proposed 
by non-Community countries in the ad hoc working parties provided for in Article 2(2), 
subject to an undertaking from the interested parties to observe the rules referred to in 
Article 6. 

Note: In July 2006, a political agreement was reached between the European Parliament 
and the Council on a recast of the EMCDDA regulation. This recast is expected to enter 

EN 

19 

EN 

 
  
 
 
into force still in 2006 and will replace Regulation (EEC) No 302/93.   

The  relevant  article  will  then  read:  Article  21  -  Participation  of  third  countries  -  The 
Centre shall be open to the participation of any third country that shares the interest of 
the  Community  and  of  its  Member  States  in  the  Centre's  objectives  and  work,  on  the 
basis  of  agreements  entered  into  between  such  third  countries  and  the  Community  on 
the basis of Article 300 of the Treaty.  

the 

London 

No 

Regulation (EEC) No 2309/93 of 22 July 1993 

EMEA 
Evaluation of Medicinal Products) 

(European  Agency 

for 

OHIM  (Office  for  Harmonisation  in  the 
Internal Market) 

Alicante 

No 

Regulation (EC) No 40/94 of 20 December 1993 

Regulation (EC) No 6/2002 of 12 December 2001 

EU-OSHA (European Agency for Safety 
and Health at Work) 

Bilbao 

Yes 

Regulation (EC) No 2062/94 of 18 July 1994, Article 9 - Observers: 

The Administrative Board may, after consulting the Commission, invite representatives 
of  non-member  countries,  of  Community  institutions  and  bodies  and  of  international 
organisations as observers. 

CPVO 
Office) 

(Community  Plant  Variety 

Angers 

No 

Regulation (EC) No 2100/94 of 27 July 1994 

CDT  (Translation  Centre  for  the  bodies 
of the EU) 

Luxembourg 

No 

Regulation (EC) No 2965/94 of 28 November 1994 

EN 

20 

EN 

 
  
 
EUMC  

(European Monitoring Centre on Racism 
and Xenophobia) 

Vienna 

Yes 

Regulation (EC) No 1035/97 of 2 June 1997 

Article  4  -  European  Racism  and  Xenophobia  Information  Network  (Raxen): 
3.  The  Centre  may  also  enter  into  contractual  relations,  on  an  ad  hoc  basis  and  for 
specific tasks, with bodies that are not part of Raxen. 

-  Cooperation  with  national  and 

Article  7 
international  organisations: 
1.  To  help  it  carry  out  its  tasks,  the  Centre  shall  cooperate  with  organisations  in  the 
Member  States  or  international,  governmental  or  non-governmental  organisations 
competent in the field of racist and xenophobic phenomena. 

3.Should agreements with other international organisations or with third countries prove 
necessary  for  the  Centre  to  carry  out  its  tasks  efficiently,  the  Community  shall, 
following  the  same  procedure  as  mentioned  above,  enter  into  such  agreements,  on 
behalf of the Centre. 

EAR  

(European Agency for Reconstruction) 

Thessalonica  

No 

Regulation (EC) No 2454/1999 of 15 November 1999 

EN 

21 

EN 

 
  
EFSA  

(European Food Safety Authority)  

Parma 

Yes 

EMSA 
Agency) 

(European  Maritime  Safety 

Lisbon  

Yes 

Regulation (EC) No 178/2002 of 28 January 2002 

Article  49  -  Participation  of  third  countries:  The  Authority  shall  be  open  to  the 
participation  of  countries,  which  have  concluded  agreements  with  the  European 
Community by virtue of which they have adopted and apply Community legislation in 
the field covered by this Regulation.   
Arrangements  shall  be  made  under  the  relevant  provisions  of  those  agreements, 
specifying  in  particular  the  nature,  extent  and  manner  in  which  these  countries  will 
participate  in  the  Authority's  work,  including  provisions  related  to  participation  in  the 
networks operated by the Authority, inclusion in the list of competent organisations to 
which certain tasks may be entrusted by the Authority, financial contributions and staff.  

Article  50  -  Rapid  alert  system:  6.  Participation  in  the  rapid  alert  system  may  be 
opened  up  to  applicant  countries,  third countries  or  international organisations,  on  the 
basis  of  agreements  between  the  Community  and  those  countries  or  international 
organisations, in accordance with the procedures defined in those agreements. The latter 
shall  be  based  on  reciprocity  and  shall  include  confidentiality  measures  equivalent  to 
those applicable in the Community. 

Regulation (EC) No 1406/2002 of 27 June 2002, Article 17 - Participation of third 
countries: 

1. The Agency shall be open to the participation of third countries, which have entered 
into  agreements  with  the  European  Community,  whereby  they  have  adopted  and  are 
applying Community law in the field of maritime safety and prevention of pollution by 
ships. 

2. Under the relevant provisions of these agreements, arrangements will be developed 
which  shall,  inter  alia,  specify  the  nature  and  the  extent  of  the  detailed  rules  for  the 
participation  of  these  countries  in  the  work  of  the  Agency,  including  provisions  on 
financial contributions and staff. 

EN 

22 

EN 

 
  
EASA 
Agency) 

(European  Aviation  Safety 

Cologne 

Yes 

ENISA 
 Information Security Agency) 

(European  Network 

and

Heraklion 

Yes 

Regulation  (EC)  No  1592/2002  of  15  July  2002,  Article  18(2)  -  International 
relations: 

The Agency may cooperate with the aeronautical authorities of third countries and the 
international  organisations  competent  in  matters  covered  by  this  Regulation  in  the 
framework of working arrangements  concluded with those bodies, in accordance  with 
relevant provisions of the Treaty. 

The Regulation differentiates between “participation” and “cooperation”: 

Participation  in  EASA:  Article  55  is  relevant  only  for  Ukraine  and  potentially, 
Moldova, Georgia, Armenia, and Azerbaijan (JAA membership required)  

Cooperation  with  EASA:  Articles  9  and  18  relevant  for  all  ENP  partners  save  for  the 
Palestinian Authority which is not a Contracting Party to the Chicago Convention. 

Regulation (EC) No 460/2004 of 10 March 2004, Article 24 - Participation of third 
countries: 

1.  The  Agency  shall  be  open  to  the  participation  of  countries,  which  have  concluded 
agreements  with  the  European  Community  by  virtue  of  which  they  have  adopted  and 
applied Community legislation in the field covered by this Regulation. 

2.  Arrangements  shall  be  made  under  the  relevant  provisions  of  those  arrangements, 
specifying  in  particular  the  nature,  extent  and  manner  in  which  these  countries  will 
participate  in  the  Agency's  work,  including  provisions  related  to  participation  in 
initiatives undertaken by the Agency, financial contributions and staff. 

EN 

23 

EN 

 
  
ECDC  (European  Centre  for  Disease 
Prevention and Control) 

Stockholm 

Yes 

ERA (European Railway Agency) 

Lille-
Valenciennes 

Yes 
(European 
partners) 

Regulation (EC) No 851/2004 of 21 April 2004, Article 30 - Participation of third 
countries: 

1.  The  Centre  shall  be  open  to  the  participation  of  countries,  which  have  concluded 
agreements  with  the  Community  by  virtue  of  which  they  have  adopted  and  apply 
legislation  of  equivalent  effect  to  Community  legislation  in  the  field  covered  by  this 
Regulation. 

2.  Arrangements  shall  be  made  under  the  relevant  provisions  of  those  agreements, 
specifying  in  particular  the  nature,  extent  and  manner  in  which  those  countries  are  to 
participate  in  the  Centre's  work,  including  provisions  relating  to  participation  in  the 
networks  operated  by  the  Centre,  inclusion  in  the  list  of  competent  organisations  to 
which certain tasks may be entrusted by the Centre, financial contributions and staff. 

Regulation (EC) No 881/2004 of 29 April 2004, Article 36 - Participation by third 
countries: 

1.  The  Agency  shall  be  open  to  participation  by  European  countries  which  have 
concluded  agreements  with  the  Community,  whereby  the  countries  concerned  have 
adopted and are applying Community legislation in the field covered by this Regulation. 

2.  In  accordance  with  the  relevant  provisions  of  the  above-mentioned  agreements, 
arrangements shall be  made which shall specify the detailed rules for participation by 
these  countries  in  the  work  of  the  Agency,  in  particular  the  nature  and  extent of  such 
participation.  These  arrangements  shall  include,  inter  alia,  provisions  on  financial 
contributions  and  staff.  They  may  provide  for  representation,  without  vote,  on  the 
Administrative Board. 

EN 

24 

EN 

 
  
FRONTEX  (European  Agency  for  the
Management of Operational Cooperation
at 
the
the  External  Borders  of 
Member States of the EU) 

Warsaw 

Yes 

GALILEO-European GNSS 
Supervisory Authority 

to be 
determined 

Yes 

Regulation  (EC)  No  2007/2004  of  26  October  2004,  Article  14  -  Facilitation  of 
operational  cooperation  with  third  countries  and  cooperation  with  competent 
authorities of third countries: 

In  matters  covered  by  its  activities  and  to  the  extent  required  for  the  fulfilment  of  its 
tasks,  the  Agency  shall  facilitate  the  operational  cooperation  between  Member  States 
and third countries, in the framework of the European Union external relations policy. 
The Agency may cooperate with the authorities of third countries competent in matters 
covered by this Regulation in the framework of working arrangements concluded with 
these authorities, in accordance with the relevant provisions of the Treaty.  

Regulation (EC) No 1321/2004 of 12 July 2004, Article 21 - Participation of third 
countries: 

1.  The  Authority  shall  be  open  to  the  participation  of  third  countries,  which  have 
entered into agreements with the European Community to this effect. 

2. Under the relevant provisions of these agreements, arrangements shall be developed 
specifying,  in  particular,  the  nature,  extent  and  manner  in  which  these  countries  will 
participate in the work of the Authority, including provisions relating to participation in 
the initiatives undertaken by the Authority, financial contributions and staff. 

3.  The  participation  of  any  third  country  in  the  Authority  shall  be  submitted  for 
approval to the Council. 

Council Regulation (EC) No 768/2005 of 26 April 2005 

CFCA  (Community  Fisheries  Control 
Agency) 

Vigo 

Yes 
(cooperation 
as described 
in Article 4) 

Article  4  with  provisions  on  tasks  relating  to  the  international  obligations  of  the 
Community relating to control and inspections allows the Agency, at the request of the 
Commission, to assist the Community and Member  States in their relations with third 
countries and regional international fisheries organisations of which the Community is a 
member.  The  Agency  may,  at  the  request  of  the  Commission,  cooperate  with  the 
competent authorities of third countries in matters relating to control and inspection in 
the  framework  of  agreements  concluded  between  the  Community  and  such  countries. 

EN 

25 

EN 

 
  
EU 2st and 
3rd pillar agencies 

ISS  (European  Institute  for  Security 
Studies) 

Paris 

Yes 

EUSC (European Union Satellite Centre) 

Torrejón de 
Ardoz 

Yes (limited 
eligibility) 

EDA (European Defence Agency) 

Brussels 

Yes 

The Agency may, with its field of competence, carry out on behalf of Member States 
tasks under international fisheries agreements to which the Community is party.  

Council Joint Action of 20 July 2001, Article 17 - Visiting researchers: 

Visiting  researchers  may  for  limited  time  periods  be  seconded  to  the  Institute  by 
Member States and Third States, after agreement by the Director, to participate in the 
activities of the Institute in accordance with Article 2.  

Council Joint Action of 20 July 2001, Article 21 - Association of third States: 

Non-EU European NATO members and other States which are candidates for accession 
to the EU shall be entitled to be involved in the Centre's activities in accordance with 
the Provisions set out in the Annex. 

Council Joint Action 2004/551/CSFP of 12 July 2004, Article 23 - Participation of 
third parties: 

1. Third parties may contribute to a particular ad hoc project or programme, established 
in accordance with Articles 20 or 21, and to the budget associated with it. The Steering 
Board  shall,  acting  by  qualified  majority,  approve  as  necessary  ad  hoc  arrangements 
between the Agency and third parties for each particular project or programme. 

2.  For  projects  established  under  Article  20,  the  contributing  Member  States  meeting 
with the Steering Board shall approve any necessary modalities with the relevant third 
parties relating to their contribution. 

3.  For  projects  established  under  Article  21,  the  contributing  Member  States  shall 

EN 

26 

EN 

 
  
 
  
  
  
decide  any  necessary  modalities  with  the  relevant  third  parties  relating  to  their 
contribution. 

4.  Where  the  Community  contributes  to  an  ad  hoc  project  or  programme,  the 
Commission shall participate in the decisions referred to in paragraphs 2 and 3. 

EUROPOL (European Police Office) 

The Hague 

Yes 

Council Act of 26 July 1995 drawing up the Convention on the establishment of a 
European Police Office (Europol Convention); 
Council Act of 3 November 1998 laying down rules governing Europol's external 
relations with third States and third bodies 

EUROJUST  (The  European  Union’s 
Judicial Cooperation Unit) 

The Hague 

Yes 

Council Decision of 28 February 2002 Setting up Eurojust 

CEPOL (European Police College) 

Bramshill 

Yes 

Council Decision of 22 December 2000 establishing a European Police College, and 
Council Decision 2005/681/JHA of 20 September 2005- Article 8 paragraph 2 & 3: 

CEPOL may co-operate with national training institutes of non-MS of the EU, [...] The 
Governing  Board  may  authorise  the  Director  of  CEPOL  to  negotiate  co-operation 
agreements  with  [...]  the  above-mentioned  bodies.  Such  co-operation  agreements  may 
be concluded only with the authorisation of the Governing Board. And [...] those with 
bodies  of  non-MS  can  only  be  concluded  after  the  approval  of  the  Council  has  been 
obtained. 

EN 

27 

EN 

 
  
 
Community  agencies  proposed  or 
under inter-institutional negotiation 

ECA (European Chemicals Agency) 

Helsinki 

Commission proposal COM(2003) 644  

European Gender Institute 

to be 
determined 

EFRA  (European  Union  Agency  for 
Fundamental Rights) 

Vienna 

Commission proposal COM(2005) 280  

EN 

28 

EN 

 
  
 
 
 
  
  
  
  
Annex C 

List on the potential for ENP partners to participate in Community programmes 

Policy area 

Title 

Provisions for 
opening up to 
ENP 
countries  

Possibilities for participation of/cooperation with ENP 
partners  

Financial control  HERCULE II  

Yes 

Proposal  for  a  Decision  of  the  European  Parliament  and 
the Council for the amendment and extension of Decision 
804/2004/EC on the Hercule programme 

The Hercule programme finances actions aimed at improving 
the  protection  of  the  Community’s  financial  interests.  It 
finances  training,  seminars,  dissemination  of  best  practices, 
associations  involved  in  protection  of  the  EC’s  financial 
interests, etc. 

The programme provides that, in order to promote activities 
combating  fraud  and  any  other  illegal  activities  detrimental 
to  the  Community’s  interests  outside  the  territory  of  the 
the  fight  against  cigarette 
European  Union, 
smuggling  and  counterfeiting,  expenditure  relating  to  the 
participation  of  certain  other 
the 
countries  covered  by  the  European  Neighbourhood 
Policy is also considered eligible.  

third  countries  and 

including 

Pericles 

Yes 

Proposal  for  a  Council  Decision  amending  and  extending 
exchange, 
Decision 
assistance  and  training  programme  for  the  protection  of 

2001/923/EC 

establishing 

an 

EN 

29 

EN 

 
  
 
the  Euro 
programme) 

against 

counterfeiting 

(the 

“Pericles” 

the  Community  programme 

Pericles, 
for  exchange, 
assistance and training in the protection of the Euro against 
counterfeiting,  is  designed  to  support  and  supplement  the 
measures  undertaken  by  the  Member  States  and  in  existing 
programmes to protect the Euro against counterfeiting. Such 
(seminars, 
measures 
workshops,  meetings  and  conferences),  placements  and 
exchanges  of  staff,  as  well  as  technical,  scientific  and 
operational  back-up.  The  proposal  for  extension  covers  the 
period 2007-2013.  

information 

exchange 

include 

Projects  under  the  programme  may  emanate  from  the 
the 
Member  States’  competent  authorities  or 
Commission.  In  addition,  the  programme  foresees  that  it 
shall,  if  necessary,  be  open  to  non-member  countries  in  so 
far as appropriations are available in the Community budget, 
under conditions and in accordance with arrangements to be 
agreed with those countries.  

from 

EN 

30 

EN 

 
  
Trade-related, 
market 
and 
regulatory  reform, 
innovation 

Customs 2013, Fiscalis 2013 

Yes 

Commission  proposals  on  the  Community  programmes 
Customs 2013 and Fiscalis 2013 - COM(2006) 201 and 202 

The objectives of these two programmes include: 

•  Customs 2013: to improve cooperation between the 
customs  authorities  of  the  Community  and  third 
countries,  in  particular  the  partner  countries  of  the 
European Neighbourhood Policy 

•  Fiscalis  2013:  to  improve  cooperation  with  the  tax 
authorities of third countries, in particular the partner 
countries of the European Neighbourhood Policy. 

Respective Articles 3(3): The programme may also be open 
to  the  participation  of  certain  partner  countries  of  the 
European  Neighbourhood  Policy  if  these  countries  have 
reached a sufficient level of approximation of the relevant 
legislation  and  administrative  methods  to  those  of  the 
Community  and  in  accordance  with  provisions  to  be 
determined with those countries following the establishment 
of framework agreements concerning their participation in 
Community programmes. 

EN 

31 

EN 

 
  
Competitiveness and 
Innovation Framework 
Programme 

Yes 

Proposal  establishing  a  Competitiveness  and  Innovation 
Framework Programme - COM(2005) 121 

The  Framework  Programme  shall  have 
objectives: 

the  following 

(a)  to  foster  the  competitiveness  of  enterprises  and  in 
particular SMEs; 

(b) to promote innovation including eco-innovation.  

The  objectives  of  the  Framework  Programme  shall  be 
pursued through the implementation of the following specific 
programmes  established  in  Title  II, hereinafter “the  specific 
programmes”: 

(a) the Entrepreneurship and Innovation programme; 

(b) … 

Article  4:  The  Framework  Programme  shall  be  open  to  the 
participation of: 

(d) other third countries, when agreements so allow.  

Decision  No  …/2006/EC  of  the  European  Parliament  and 
of 
the  Council  of  24  October  2006  establishing  a 
Community  Programme  for  Employment  and  Social 
Solidarity - Progress 

Article  16:  only  open  to  EFTA/EEA  countries,  candidate 
countries  and  western  Balkan  countries  included  in  the 
stabilisation and association process 

Employment 

Community Programme for 
Employment and Social 
Solidarity - PROGRESS 

No 

EN 

32 

EN 

 
  
 
Consumer 
protection 

Programme of Community 
Action in the field of 
Consumer Policy 

Yes 

Proposal  establishing  a  Programme  of  Community  Action 
in  the  field  of  Consumer  Policy  2007-2013  -  COM(2006) 
235 

The  objective  of  the  programme  is  to  complement  and 
support policies of the Member States in this field.  

Article 10: The programme shall be open to the participation 
of  third  countries,  in  particular  countries  covered  by  the 
European  Neighbourhood  Policy,  in  accordance  with 
conditions 
respective  bilateral  or 
multilateral  agreements  establishing  the  general  principles 
for their participation in Community programmes.  

laid  down 

the 

in 

Agriculture 
fisheries 

and 

European Agricultural 
Fund for Rural 
Development 

Common Agricultural 
Policy 

No 

No 

Proposal  on  support  for  rural  development  by 
the 
European  Agricultural  Fund  for  Rural  Development  - 
COM(2005) 490 

Proposal  on  the  financing  of  the  Common  Agricultural 
Policy - COM(2005)489 

European Fisheries Fund 

No 

Proposal  on  the  European  Fisheries  Fund  -  COM(2005 
)497 

EN 

33 

EN 

 
  
 
 
 
Common Fisheries Policy, 
Law of the Sea 

No 

Proposal  establishing  Community  financial  measures  for 
the implementation of the Common Fisheries Policy and in 
the area of the Law of the Sea 

Justice, 
and security 

freedom 

Fundamental Rights and 
Justice  

Yes 

(only as 
associate in 
individual 
projects) 

Communication  and  legislative  proposals  establishing  for 
the  period  2007-2013  a  Framework  Programme  on 
Fundamental Rights and Justice - COM(2005) 122 

The  programme  comprises 
covering the following fields: 

five  specific  programmes 

•  Fight against violence (Daphne) 
•  Drugs prevention and information 
•  Fundamental rights and citizenship 
•  Criminal justice 
•  Civil justice 

Projects may associate candidate countries not participating 
in  this  programme  where  this  would  contribute  to  their 
preparation  for  accession,  or  other  third  countries  not 
participating  in  this  programme  where  this  serves  the 
objectives of the projects.  

Solidarity and the 
Management of Migration 
Flows 

No 

Communication  and  legislative  proposals  establishing  a 
the 
Framework  Programme 
Management of Migration Flows for the period 2007-2013 
- COM(2005) 123 

Solidarity 

and 

for 

EN 

34 

EN 

 
  
 
 
 
 
Security and Safeguarding 
Liberties 

Yes 

(only as 
partner in 
individual 
projects) 

Transport 

Marco Polo 

Yes 

Communication  and  legislative  proposals  establishing  a 
Framework  Programme  on  Security  and  Safeguarding 
Liberties for the period 2007-2013 - COM(2005) 124 

The programme addresses two challenges: 

•  Prevention, preparedness and consequence 

management of terrorism 

•  Prevention of and fight against crime  

As  regards  trans-national  projects,  third  countries  and 
international organisations may participate as partners but 
are not permitted to submit projects.  

Proposal  establishing  a  second  “Marco  Polo”  programme 
for  granting  Community  financial  assistance  to  improve 
the environmental performance of freight transport systems 
(“Marco Polo II”) - COM(2004) 478 

The  Marco  Polo  programme  supports  actions  in  the  freight 
transport, logistics and other relevant markets. These actions 
should contribute to maintaining the distribution of freight 
between the various modes of transport at 1998 levels by 
in 
helping 
international  road  freight  traffic  to  short  sea  shipping,  rail 
and  inland  waterways  or  to  a  combination  of  modes  of 
transport in which road journeys are as short as possible.  

the  expected  aggregate 

to  shift 

increase 

EN 

35 

EN 

Among the funding criteria the proposals mention “European 
dimension – undertakings”: An action must be submitted by 
at least two independent undertakings established on the 
territories  of  two  different  Member  States,  or  on  the 
territories  of  one  Member  State  and  a  close  third 

 
  
 
TEN financing (transport) 

No 

GALILEO programme 

Yes 

country. 

Proposal determining the general rules for the granting of 
Community  financial  aid  in  the  field  of  Trans-European 
Transport  and  Energy  Networks  and  amending  Council 
Regulation (EC) No 2236/95 - COM(2005) 475 

The  focus  of  this  proposal  is  on  funding  internal  EC 
infrastructure. It will therefore not be open to third countries. 
However, the High Level Group dealing with TEN issues is 
preparing  a  report  on  extending  major  Trans-European 
the  ENP  partner  countries  and 
to 
Transport  Axes 
neighbouring regions.  

Proposal  on  the  implementation  of  the  deployment  and 
commercial operating phases of the European Programme 
on Satellite Radio Navigation - COM(2005) 477 

The Galileo Joint Undertaking is open to the participation of 
ENP  partners  and  other  third  countries  (for  instance, 
Matimop  of  Israel  is  a  member  of  the  Galileo  Joint 
Undertaking). 

SESAR  programme  and 
Joint Undertaking 

Yes 

Proposal for a Council Regulation establishing the SESAR 
Joint Undertaking - COM(2005) 602 

SESAR  aims  at  developing  a  new  generation  air  traffic 
management system.  

The Joint Undertaking will have two founding members: the 
European  Community,  represented  by  the  Commission,  and 
Eurocontrol.  Participation  will  also  be  open  to  any  other 

EN 

36 

EN 

 
  
 
 
 
 
Energy  

TEN financing (energy) 

No 

private  or  public  entity,  including  third  countries.  A  third 
country  can  become  a  member  if  that  country  has,  at  least, 
signed a horizontal agreement in the field of air transport. To 
date, Azerbaijan, Georgia, Lebanon, Moldova, Morocco, and 
Ukraine  have  either  already  signed  or  are  in  the  process  of 
signing such agreements. 

Proposal determining the general rules for the granting of 
Community  financial  aid  in  the  field  of  Trans-European 
Transport  and  Energy  Networks  and  amending  Council 
Regulation (EC) No 2236/95 - COM(2005) 475 

Due  to  its  focus  on  internal  EC  energy  networks,  no  third 
party  participation  is  envisaged.  However,  the  Commission 
proposal  includes  the  notion  that  studies  may  be  supported 
on  the  basis  of  a  project  as  a  whole,  including  its  elements 
outside the territory of the EC.  

Intelligent Energy-Europe 
programme 

Yes 

Proposal  establishing  a  Competitiveness  and  Innovation 
Framework Programme - COM(2005) 121 

The  Framework  Programme  shall  have 
objectives: 

the  following 

(d)  to  promote  energy  efficiency  and  new  and  renewable 
energy sources in all sectors including transport. 

The  objectives  of  the  Framework  Programme  shall  be 
pursued through the implementation of the following specific 
programmes  established  in  Title  II, hereinafter “the  specific 
programmes”: 

EN 

37 

EN 

 
  
 
(c) the Intelligent Energy-Europe programme 

Article  4:  The  Framework  Programme  shall  be  open  to  the 
participation of: 

(d) other third countries, when agreements so allow.  

Information 
society 

ICT Policy Support 
programme 

Yes 

Proposal  establishing  a  Competitiveness  and  Innovation 
Framework Programme - COM(2005) 121 

The  Framework  Programme  shall  have 
objectives: 

the  following 

(c)  to  accelerate  the  development  of  a  competitive, 
innovative and inclusive information society.  

The  objectives  of  the  Framework  Programme  shall  be 
pursued through the implementation of the following specific 
programmes  established  in  Title  II, hereinafter “the  specific 
programmes”: 

(b) the ICT Policy Support programme. 

Article  4:  The  Framework  Programme  shall  be  open  to  the 
participation of: 

(d) other third countries, when agreements so allow.  

Interoperable Delivery of 
European eGovernment 

Yes (co-
operation) 

Decision 2004/387/EC of the European Parliament and of 
the  Council  of  21  April  2004  on  interoperable  delivery  of 

EN 

38 

EN 

 
  
 
 
services to Administrations, 
Businesses and Citizens 
(IDABC programme) 

to 
eGovernment 
pan-European 
administrations, businesses and citizens (IDABC) 

services 

public 

The  objective  of  the  IDABC  programme  is  to  identify, 
support  and  promote  the  development  and  establishment  of 
pan-European  eGovernment  services  and  the  underlying 
interoperable  telematic  networks  supporting  the  Member 
States  and  the  Community  in  the  implementation,  within 
their respective areas of competence, of Community policies 
and  activities,  achieving  substantial  benefits  for  public 
administrations, businesses and citizens. 

Article 14(2) 
Cooperation  with  other  third  countries,  in  implementing 
projects  of  common  interest  and  horizontal  measures,  shall 
be  encouraged,  notably  with  public  administrations  in 
Mediterranean  countries,  the  Balkans  and  eastern  European 
countries.  Particular  attention  shall  also  be  given 
to 
international  cooperation  in  support  of  development  and 
economic cooperation. Related costs shall not be covered by 
the IDABC programme. 

A  bilateral  agreement,  such  as  a  memorandum  of 
understanding, would be necessary to ensure participation of 
ENP partner countries in the IDABC programme. Following 
this  agreement,  the  ENP  partners  can  participate  in  projects 
of common interest and make use of horizontal measures. 

LIFE +  

No 

Proposal  concerning  the  Financial  Instrument  for  the 
Environment (LIFE+) - COM(2004) 621 

The  objective  is  to  provide  a  more  streamlined  and 

EN 

39 

EN 

 
  
 
 
Crisis response 

Rapid Response 

Yes 

simplified  instrument  for  environment  protection.  LIFE+ 
aims  to  contribute  to  the  development,  implementation, 
monitoring,  evaluation  and  communication  of  Community 
environment  policy  and  legislation  as  a  contribution  to 
promoting sustainable development in the EU.  

Third  country  participation 
is  possible  for  EFTA, 
candidate  as  well  as  Suth-East  European  pre-candidate 
countries, only. 

Proposal establishing a Rapid Response and Preparedness 
Instrument for major emergencies - COM(2005) 113 

The proposal aims to provide a new legal basis for granting 
Community  assistance  to  civil  protection  actions  in  the 
contexts  of  preparedness  and  rapid  response.  It  will 
supplement the efforts of Member States to protect people, 
the  environment  and  property  by  contributing  to  the 
effectiveness  of  systems 
to  major 
emergencies and the public health effects arising from such 
emergencies. 

for  responding 

In  principle,  as  regards  funding,  the  proposed  instrument 
applies  to  activities  within  the  EU  (leaving  external  crisis 
response  activities  of  the  Community  Civil  Protection 
Mechanism to be covered by the Stability Instrument).  

Article  8:  States  which  are  not  Member  States  of  the 
European  Union  may  participate  in  this  Instrument  where 
agreements and procedures so allow. 

European Union Solidarity 

No 

Proposal establishing the European Union Solidarity Fund 

EN 

40 

EN 

 
  
 
Fund 

- COM(2005) 108 

The  proposal  is  based  on  the  current  EU  Solidarity  Fund 
Regulation  for  providing  post-disaster  assistance  in  the 
aftermath of major crises. The proposal enlarges its scope to 
cover  not  only  such  events  resulting  from  natural  disasters 
but also to include industrial/technological disasters, public 
health threats and acts of terrorism.  

Article  1:  The  scope  of  participants  is  limited  to  Member 
States and countries negotiating their accession to the EU.  

People-to-people 
issues 

Public Health  

Yes 

Proposal  establishing  a  Programme  of  Community  Action 
in the field of Health 2007-2013 - COM(2006) 234 

The programme shall complement, support and add value to 
the  policies  of  the  Member  States  and  shall  contribute  to 
protecting  and  promoting  human  health  and  safety  and 
improving public health.  

The  Commission  proposes  that  the  programme  be  open  to 
third  countries,  in  particular  countries  in  the  European 
neighbourhood in accordance with conditions laid down in 
respective  bilateral  or  multilateral  agreements 
the 
establishing  the  general  principles  for  their  participation  in 
Community programmes.  

Decision  No  …/2006/EC  of  the  European  Parliament  and 
of the Council of 15 November 2006 establishing an action 
programme in the field of lifelong learning 

This  programme  aims  to  foster  interchange,  cooperation 

Lifelong Learning 

No 

EN 

41 

EN 

 
  
 
and mobility between education and training systems within 
the  Community  so  that  they  become  a  world  quality 
reference. 

Article 7(2): Key activity 1 of the Jean Monnet Programme 
referred  to  in  Article  3(3)(a)  shall  also  be  open  to  higher 
education institutions in any other third country.  

Article  8:  Under  the  Lifelong  Learning  Programme,  and  in 
accordance  with  Article  9,  the  Commission  may  cooperate 
with  third  countries  and  with  the  competent  international 
organisations,  in  particular  the  Council  of  Europe,  the 
Organisation  for  Economic  Cooperation  and  Development 
(OECD) and the United Nations Educational, Scientific and 
Cultural Organisation (UNESCO). 

Article  14(2):  Up  to  1%  of  the  allocations  under  the 
Lifelong  Learning  Programme  may  be  used  to  support  the 
participation  in  partnership,  project  and  network  actions 
under  the  Lifelong  Learning  Programme  of  partners  from 
third  countries  which  do  not  participate  in  the  Lifelong 
Learning Programme under the provisions of Article 7.  

Proposal  establishing the Culture 2007 programme (2007-
2013) - COM(2004) 469 

The programme aims to enhance the cultural area common to 
Europeans through the development of cultural cooperation 
between  creative  artists,  cultural  players  and  cultural 
institutions  of  the  countries  taking  part  in  the  programme, 
through  inter  alia  trans-national  mobility,  circulation  of 
works  and  cultural  and  artistic  products  and  inter-cultural 

EN 

Culture 

No  

(only 
cooperation) 

42 

EN 

 
  
 
dialogue.  

Article  5(2):  The  programme  shall  also  be  open  to 
cooperation  with  other  third  countries  which  have 
concluded Association and Cooperation Agreements with 
the  European  Community  which  include  cultural  clauses, 
on the basis of supplementary appropriations and specific 
procedures to be laid down.  

Special actions: Support may also be given in this context to 
cooperation  with 
international 
organisations,  as  set  out  in  Articles  5(2)  and  6  of  the 
Decision.  

third  countries  and 

European Audiovisual 
Sector (MEDIA 2007) 

Yes (subject to 
conditions) 

Proposal  concerning  the  implementation  of  a  programme 
of  support  for  the  European  audiovisual  sector  (MEDIA 
2007) - COM(2004) 470 

The global objectives of the programme are to preserve and 
enhance European cultural diversity and its cinematographic 
and  audiovisual  heritage  and  promote 
inter-cultural 
dialogue,  increase  the  circulation  of  European  audiovisual 
works inside and outside the European Union and strengthen 
the competitiveness of the European audiovisual sector.  

Article 8(2): The programme is also open to the participation 
of  States  which  are  parties  to  the  Council  of  Europe 
Convention on Trans-frontier Television …, assuming that 
supplementary  appropriations  are  received  in  compliance 
with  the  conditions  to  be  agreed  upon  between  the  parties 
concerned.  

EN 

43 

EN 

 
  
 
Article 8(3): Opening up of the programme to European third 
countries  covered  by  paragraphs  1  and  2  may  be  subject  to 
prior  examination  of  the  compatibility  of  their  national 
legislation  with  Community  legislation,  including  Article 
6(1)(5)  of  Directive  89/552/EEC,  as  amended  by  Directive 
97/36/EC.  This  provision  does  not  apply  to  actions  under 
Article 3.  

Article  8(4):  The  programme  is  also  open  to  cooperation 
with other third countries which have concluded Association 
and  Cooperation  Agreements  with  the  European  Union 
incorporating clauses on the audiovisual sector and on the 
basis  of  supplementary  appropriations  and  specific 
arrangements  to  be  agreed  upon  (comment:  at  present 
none  of  the  Partnership  and  Cooperation  Agreements 
between the EU and the European ENP countries). 

Further comment: for southern Mediterranean ENP partners, 
(external)  Euro-Med  Audiovisual 
the 
participation 
programme is better tailored to their needs.  

in 

Decision  No…/2006/EC  of  the  European  Parliament  and 
of  the  Council  of  15  November  2006  establishing  the 
“Youth in Action programme” for the period 2007-2013 

The  general  objectives  of  the  programme  are  to  promote 
young  people’s  active  citizenship,  to  develop  solidarity  and 
promote  tolerance  among  young  people,  to  foster  mutual 
understanding  between  young  people  in  different  countries, 
to  contribute  to  developing  the  quality  of  support  systems 
for  youth  activities  and  the  capabilities  of  civil  society 
organisations as well as to promote European cooperation in 

Youth in Action  

No  

(only 
cooperation) 

EN 

44 

EN 

 
  
 
the youth field. 

Article  5(2):  The  actions  in  points  29  and  310  of  the  Annex 
shall  be  open  to  cooperation  with  third  countries  that 
have  signed  agreements  with  the  Community  relevant  to 
the  youth  field,  hereinafter  referred 
to  as  “partner 
countries”.  

This  cooperation  shall  be  based,  where  relevant,  on 
additional  appropriations  from  partner  countries  to  be 
made available in accordance with procedures to be agreed 
with these countries.11 

Europe for Citizens 

No 

Proposal  creating  the  Citizens  for  Europe  Programme  for 
the period 2007-2013 - COM(2005) 116 

Article  5:  open  only  to  EFTA/EEA  countries;  candidate 
countries  benefiting  from  a  pre-accession  strategy, 
in 
accordance with the general principles and the general terms 
and  conditions  laid  down  in  the  framework  agreements 
concluded  with  these  countries  for  their  participation  in 
Community  Programmes,  and  the  countries  of  the  Western 
to  be 
Balkans, 
established  with  these  countries  under  the  framework 
agreements on the general principles for their participation in 
Community programmes. 

in  accordance  with 

the arrangements 

9 
10 
11 

EN 

Action 2 is European Voluntary Service. 
Point 3, entitled “Youth of the world”, covers cooperation with the neighbouring countries of the enlarged Europe (ENP countries) and other third countries. 
Comment: A special scheme has been introduced for the Mediterranean countries – the Euro-Med Youth programme: projects submitted by EU organisations are funded by 
the programme budget (including ENP costs), whereas projects submitted by organisations from ENP countries are funded from external support instruments. 

45 

EN 

 
  
 
                                                 
Research 
development 

and 

Research 

Knowledge for Growth 

- 

- 

Seventh 
Programme for Research 

Framework 

Yes 

Regional policy 

European 
Development Fund 

Regional 

Yes 

Communication  from  the  Commission  on  Science  and 
technology,  the  key  to  Europe’s  future  –  Guidelines  for 
future  European  Union  policy  to  support  research  - 
COM(2004 )353 

Only  Communication  setting  out  guidelines;  no  legislative 
proposal.  

Communication  on  building  the  European  Research  Area 
(ERA) of knowledge for growth - COM(2005) 118 

Only Communication; no legislative proposal. 

Proposals concerning the Seventh Framework Programme 
of  the  European  Community  for  research,  technological 
development  and  demonstration  activities  (2007-2013)  and 
of the European Atomic Energy Community (Euratom) for 
nuclear  research  and  training  activities  (2007–2011)  - 
COM(2005) 119 

The  Framework  Programme  provides  for  third  country 
participation. 

(EC)  No  1080/2006  of 

Regulation 
the  European 
Parliament  and  of  the  Council  of  5  July  2006  on  the 
European  Regional  Development  Fund  and  repealing 
Regulation (EC) No 1783/1999 

Article  21(3):  In  the  context  of  cross-border,  trans-national 
and  interregional  cooperation,  the  ERDF  may  finance 
expenditure incurred in implementing operations or parts of 
operations on the territory of countries outside the European 

EN 

46 

EN 

 
  
 
 
Community  up  to  a  limit  of  10%  of  the  amount  of  its 
contribution to the operational programme concerned, where 
they are for the benefit of the regions of the Community. 

EN 

47 

EN