Proposal for a Council Decision concerning the provisional application of Protocol 8 to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, on the general principles for the participation of Montenegro in European Community programmes
Date: 2007-09-13
Institutions: European Commission
Subjects: EU programme, European Community, Montenegro, economic stabilisation, exchange of information

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 13.9.2007 
COM(2007) 521 final 

Proposal for a 

COUNCIL DECISION 

concerning the provisional application of Protocol 8 to the Stabilisation and Association 
Agreement between the European Communities and their Member States, of the one 
part, and the Republic of Montenegro, of the other part, on the general principles for 
the participation of Montenegro in European Community programmes 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

On  22  November  2004,  a  Framework  Agreement  was  signed  between  the  European 
Community  and  Serbia  and  Montenegro  on  the  general  principles  for  the  participation  of 
Serbia  and  Montenegro  in  Community  programmes1.  This  Framework  Agreement  was 
approved by Council Decision 2005/527/EC 2, and entered into force on 27 July 2005.  

However,  since  Montenegro  became  independent,  on  3  June  2006,  this  Framework 
Agreement is not applicable anymore to Montenegro. 

In  order  to  grant  again  to  Montenegro  the  same  advantages  as  the  other  Western  Balkan 
countries,  a  specific  Protocol  has  been  attached  to  the  Stabilisation  and  Association 
Agreement  (SAA)  which  takes  over  the  content  of  the  previous  Framework  Agreement 
(Protocol 8). Article 132 of the SAA states: "Protocol 8 lays down the general principles for 
the participation of Montenegro in Community programmes."  

Pending the entry into force of the SAA, after ratification by Montenegro, the Community and 
the Member States, the European Commission, in accordance with the negotiating directives 
and  Article  139  of  the  SAA  itself,  is  proposing  to  conclude  an  Interim  Agreement  (IA)  to 
allow the trade and trade-related provisions of the SAA to enter into force as soon as possible 
following SAA signature. 

Protocol  8,  on  general  principles  for  the  participation  of  Montenegro  in  Community 
Programmes, cannot be part of this Interim Agreement as it does not relate to trade.  

Therefore,  in  order  to  allow  Montenegro  to  have  the  possibility  to  participate  to  European 
Community Programmes, the Commission proposes to apply provisionally Protocol 8 of the 
Agreement,  through  an  Exchange  of  Letters  between  the  Community  and  the  Republic  of 
Montenegro. 

1 
2 

OJ L192, 22.7.2005, p. 28. 
OJ L192, 22.7.2005, p. 84. 

EN 

2 

   EN 

 
                                                 
Proposal for a 

COUNCIL DECISION 

concerning the provisional application of Protocol 8 to the Stabilisation and Association 
Agreement between the European Communities and their Member States, of the one 
part, and the Republic of Montenegro, of the other part, on the general principles for 
the participation of Montenegro in European Community programmes 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 310  thereof  in  connection  with  Article  300(2),  first  paragraph,  first  and  second 
sentence, 

Having regard to the proposal from the Commission3, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The Stabilisation and Association Agreement between the European Communities and 
their Member States, of the one part, and the Republic of Montenegro, of the other part 
(hereafter: “the Agreement”) was signed on […], subject to its possible conclusion at a 
later date. 

Protocol  8  to  the  Agreement  takes  over,  in  substance,  the  content,  in  respect  to 
Montenegro,  of  the  Framework  Agreement  between  the  European  Community  and 
Serbia  and  Montenegro  on  the  general  principles  for  the  participation  of  Serbia  and 
Montenegro  in  Community  programmes4,  which  the  Council  concluded  by  Decision 
2005/527/CE5.  

Due to its independence, this Framework Agreement is no longer applicable in respect 
to Montenegro.  Montenegro should, however, continue to have the possibility, as all 
other Western Balkan countries, to participate in European Community programmes. 

It  is  therefore  necessary  to  provide  for  provisional  application  of  Protocol  8  to  the 
Agreement,  pending  the  completion  of  the  procedures  required  to  bring  the  said 
Agreement into force, 

3 
4 
5 

OJ C , , p. . 
OJ L 192, 22.7.2005, p. 29. 
OJ L 192, 22.7.2005, p. 84. 

EN 

3 

   EN 

 
                                                 
HAS DECIDED AS FOLLOWS: 

Article 1 

The  Agreement  in  the  form  of  an  Exchange  of  Letters  between  the  Community  and  the 
Republic of Montenegro, which provides for the provisional application of Protocol 8 to the 
Stabilisation  and  Association  Agreement  between  the  European  Communities  and  their 
Member  States,  of  the  one  part,  and  the  Republic  of  Montenegro,  of  the  other  part,  on  the 
general principles for the participation of Montenegro in European Community programmes, 
is hereby approved on behalf of the Community. 

The text of the Agreement in the form of an Exchange of Letters is attached to this Decision, 
as well as the text of Protocol 8. 

Article 2 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person(s)  empowered  to 
sign the Agreement in the form of an Exchange of Letters in order to bind the Community. 

Done at Brussels,  

For the Council 
The President 

EN 

4 

   EN 

 
 
 
 
 
ANNEX  

AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS 

concerning the provisional application of Protocol 8 to the Stabilisation and Association 
Agreement between the European Communities and their Member States, of the one 
part, and the Republic of Montenegro, of the other part, on the general principles for 
the participation of Montenegro in European Community programmes 

A. Letter from the Community 

Brussels, [...] 

Sir, 

I  have  the  honour  to  refer  to  the  Stabilisation  and  Association  Agreement  between  the 
European  Communities  and  their  Member  States,  of  the  one  part,  and  the  Republic  of 
Montenegro,  of  the  other  part,  signed  today,  and  in  particular  to  Protocol  8  on  the  general 
principles for the participation of Montenegro in European Community programmes. 

Pending the entry into force of the said Stabilisation and Association Agreement, I have the 
honour  to  propose  to  you  that  the  European  Community  and  the  Republic  of  Montenegro 
apply provisionally as from today Protocol 8 on the general principles for the participation of 
Montenegro in European Community programmes.  

If  the  above  is  acceptable  to  the  Republic  of  Montenegro,  this  letter  and  your  confirmation 
shall together constitute an agreement between the European Community and the Republic of 
Montenegro. 

Please accept, Sir, the assurance of our highest appreciation. 

On behalf of the European Community 

[signatures] 

EN 

5 

   EN 

 
B. Letter from the Republic of Montenegro 

Brussels, [...] 

Sir, 

I  have  the  honours  to  acknowledge  receipt  of  your  letter  of  today’s  date  which  reads  as 
follows : 

“ I have the honour to refer to the Stabilisation and Association Agreement between 
the  European  Communities  and  their  Member  States,  of  the  one  part,  and  the 
Republic of Montenegro, of the other part, signed today, and in particular to Protocol 
8  on  the  general  principles  for  the  participation  of  Montenegro  in  European 
Community programmes. 

Pending  the  entry  into  force  of  the  said  Stabilisation  and  Association  Agreement,  I 
have the honour to propose to you that the European Community and the Republic of 
Montenegro  apply  provisionally  as  from  today  Protocol  8  on  the  general  principles 
for the participation of Montenegro in European Community programmes.  

If  the  above  is  acceptable  to  the  Republic  of  Montenegro,  this  letter  and  your 
confirmation  shall 
the  European 
Community and the Republic of Montenegro.” 

together  constitute  an  agreement  between 

I  am  able  to  confirm  that  the  Republic  of  Montenegro  is  in  agreement  with  the  contents  of 
your letter. 

Please accept, Sir, the assurance of my highest appreciation. 

On behalf of the Republic of Montenegro 

[signature] 

EN 

6 

   EN 

 
PROTOCOL 8 

ON THE GENERAL PRINCIPLES FOR THE PARTICIPATION OF MONTENEGRO IN EUROPEAN 
COMMUNITY PROGRAMMES 

Article 1 

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

a) 

b) 

the programmes which are listed in the Annex to the Framework Agreement between 
the European Community and Serbia and Montenegro on  the  general principles  for 
the participation of Serbia and Montenegro in Community programmes 6, 

Programmes established or renewed after 27 July 2005 and which contain an opening 
clause which foresees the participation of Montenegro. 

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

Article 2 

Article 3 

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

Article 4 

Projects and initiatives submitted by participants from Montenegro shall, as far as possible, be 
subject to the same conditions, rules and procedures pertaining to the programmes concerned 
as are applied to Member States. 

Article 5 

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

6 

OJ L192, 22.7.2005, p. 29. 

EN 

7 

   EN 

 
                                                 
If Montenegro applies for Community external assistance on the basis of Council Regulation 
(EC) No 1085/2006 of 17 July 2006 establishing an Instrument for Pre-Accession Assistance 
(IPA)7 or pursuant to any similar Regulation providing for Community external assistance to 
Montenegro that may be adopted in future, the conditions governing the use by Montenegro 
of the Community assistance shall be determined in a financing agreement. 

Article 6 

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

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

Article 7 

No  later  than  three  years  after  the  date  of  entry  into  force  of  this  Agreement,  the  Interim 
Committee may review the implementation of this Protocol on the basis of actual participation 
of Montenegro in one or more European Community programmes. 

7 

OJ L210, 31.7.2006, p. 82. 

EN 

8 

   EN