Proposal for a Council Decision on the signing and provisional application of a Protocol to the Partnership and Co-operation Agreement between the European Communities and their Member States, of the one part, and the Republic of Moldova, of the other part, on a framework Agreement between the European Union and the Republic of Moldova on the general principles for the participation of the Republic of Moldova in Union programmes
Date: 2010-04-30
Institutions: European Commission
Subjects: EU office or agency, EU programme, Moldova, cooperation agreement, protocol to an agreement, ratification of an agreement

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EUROPEAN COMMISSION 

Brussels, 30.4.2010 
COM(2010)192 final 

2010/0103 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the signing and provisional application of a Protocol to the Partnership and Co-
operation Agreement between the European Communities and their Member States, of 
the one part, and the Republic of Moldova, of the other part, on a framework 
Agreement between the European Union and the Republic of Moldova on the general 
principles for the participation of the Republic of Moldova in Union programmes 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

As  part  of  the  European  Neighbourhood  Policy,  the  gradual  opening-up  of  certain  Union 
programmes  and  agencies  to  the  participation  of  European  Neighbourhood  Policy  partner 
countries represents one of many measures to promote reform, modernisation and transition in 
the  European  Union’s  neighbourhood.  This  policy  aspect  is  outlined  in  the  Commission 
Communication “on the general approach to enable European Neighbourhood Policy partner 
countries to participate in Community agencies and Community programmes”1.  

The Council endorsed this approach on 5 March 20072.  

Based upon this Communication and those conclusions, the Council, on 18 June 2007, issued 
directives  to  the  Commission  to  negotiate  Framework  Agreements  with  Algeria,  Armenia, 
Azerbaijan,  Egypt,  Georgia,  Israel,  Jordan,  Lebanon,  Moldova,  Morocco,  the  Palestinian 
Authority,  Tunisia,  and  Ukraine,  on  the  general  principles  for  their  participation  in 
Community programmes3.  

The  June  2007  European  Council4  reaffirmed  the  paramount  importance  of  the  European 
Neighbourhood Policy and endorsed a Presidency Progress Report5 that had been submitted to 
the General Affairs and External Relations Council (GAERC) meeting on 18/19 June as well 
as  the  related  Council  Conclusions6.  This  report  recalled  the  Council  directives  to  negotiate 
relevant  additional  protocols,  identifying  Israel,  Morocco  and  Ukraine  as  being  likely  to  be 
the first partner countries to benefit from these measures. Negotiations with Israel concluded 
in  September  2007  leading  to  the  signature  of  a  Protocol  in  April  20087  while  those  with 
Morocco have concluded and those with Ukraine continue. 

In  March  2008,  it  was  decided  to  start  negotiations  with  the  Republic  of  Moldova. 
Negotiations with the Republic of Moldova have since been completed to the satisfaction of 
the  Commission.  The  text  of  the  protocol  negotiated  with  the  Republic  of  Moldova  is 
attached. 

The  Commission  herewith  submits  a  proposal  for  a  Council  Decision  on  the  signature  and 
provisional application of the Protocol. This protocol contains a Framework Agreement on the 
general principles for the participation of the Republic of Moldova in Union programmes. It 
contains standard stipulations that are intended to be applied to all European Neighbourhood 
Policy partner countries with which such protocols are to be concluded. The negotiated text 
also foresees that the Parties shall provisionally apply the provisions of this Protocol from the 
date of its signature.  

According to 218(6)(a) of the Treaty on the Functioning of the European Union, the European 
Parliament shall be requested to give its consent to the conclusion of this Protocol.  

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COM (2006) 724 final of 4 December 2006; 
GAERC conclusions of 5 March 2007; 
Council Decision (restricted) authorising the Commission to negotiate Protocols […], Doc 10412/07; 
Presidency Conclusions – Brussels, 21/22 June 2007, Doc 11177/07; 
Presidency Progress Report on “Strengthening the European Neighbourhood Policy”, Doc 10874/07;  
Conclusions  on  Strengthening  the  European  Neighbourhood  Policy,  adopted  by  the  Council  (General 
Affairs and External Relations) on 18 June 2007, Doc 11016/07; 
OJEU L129/40-43 of 17.5.2008. 

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In parallel, the Commission submits a proposal for a Council Decision on the conclusion of 
the said Protocol.  

The Council is invited to adopt the following proposed Decision. 

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2010/0103 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the signing and provisional application of a Protocol to the Partnership and Co-
operation Agreement between the European Communities and their Member States, of 
the one part, and the Republic of Moldova, of the other part, on a framework 
Agreement between the European Union and the Republic of Moldova on the general 
principles for the participation of the Republic of Moldova in Union programmes 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Articles 19, 114, 168, 169, 172, 173 (3), 188, 192, 352, in conjunction with Article 218(5) and 
the second subparagraph of Article 218(8) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

On 18 June 2007 the Council authorised the Commission to negotiate a Protocol to the 
Partnership  and  Cooperation  Agreement  with  the  Republic  of  Moldova  on  a 
framework  Agreement  on  the  general  principles  for  its  participation  in  Union 
programmes. 

These negotiations have been concluded to the satisfaction of the Commission;  

Subject to its conclusion at a later date, the Protocol should be signed on behalf of the 
Union and its Member States.  

The text of the Protocol negotiated with the Republic of Moldova provides, in Article 
10, for the provisional application of the Protocol before its entry into force, 

HAS ADOPTED THIS DECISION:  

Article 1 

The  Commission  is  hereby  authorised  to  sign,  on  behalf  of  the  Union,  the  Protocol  to  the 
Partnership  and  Co-operation  Agreement  establishing  a  partnership  between  the  European 
Communities  and  its  Member  States  and  the  Republic  of  Moldova,  on  a  framework 
Agreement  between  the  European  Union  and  the  Republic  of  Moldova  on  the  general 
principles  for  the  participation  of  the  Republic  of  Moldova  in  Union  programmes  and  to 
designate the persons empowered to proceed to the signature.  

The text of the Protocol to be signed is attached to this Decision. 

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This  Protocol  shall  be  applied  provisionally  as  from  the  date  of  its  signature,  pending  its 
conclusion at a later date. 

Article 2 

This  Decision  shall  enter  into  force  on  the  day  of  its  adoption.  It  shall  be  published  in  the 
Official Journal of the European Union. 

Article 3 

Done at Brussels,  

For the Council 
The President 

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PROTOCOL 

to the Partnership and Co-operation Agreement between the European Communities 
and their Member States, of the one part, and the Republic of Moldova, of the other 
part, on a framework Agreement between the European Union and the Republic of 
Moldova on the general principles for the participation of the Republic of Moldova in 
Union programmes 

THE EUROPEAN UNION, hereinafter referred to as “the Union”,  

of the one part, 

and  

the Republic of Moldova, hereinafter referred to as “Moldova”, 

of the other part, 

Whereas: 

(1)  Moldova  entered  into  a  Partnership  and  Co-operation  Agreement  establishing  a 
partnership between the European Communities and their Member States, of the one 
part,  and  Moldova,  of  the  other  part,  on  28  November  1994  (Official  Journal  of  the 
European Communities L 181 of 24 June 1998). 

(2) 

(3) 

(4) 

The  Brussels  European  Council  of  17/18  June  2004  welcomed  the  Commission’s 
proposals  for  a  European  Neighbourhood  Policy  (ENP)  and  endorsed  the  Council 
conclusions of 14 June 2004. 

The  Council  has,  on  numerous  further  occasions,  repeatedly  concluded  in  favour  of 
this policy. 

The Council, on 5 March 2007, expressed support for the general and global approach 
outlined in the Commission’s Communication of 4 December 2006, COM (2006) 724 
final,  to  enable  ENP  partners  to  participate  in  Community  agencies  and  Community 
programmes on their merits and where the legal bases so allow. 

(5)  Moldova has expressed its wish to participate in a number of Union programmes. 

(6) 

The specific terms and conditions, including financial contribution and reporting and 
evaluation  procedures,  regarding  the  participation  of  Moldova  in  each  particular 
programme  should  be  determined  by  agreement  between  the  European  Commission, 
acting on behalf of the Union, and Moldova, 

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HAVE AGREED AS FOLLOWS: 

Article 1 

Moldova shall be allowed to participate in all current and future Union programmes opened to 
the participation of Moldova in accordance with the provisions adopting these programmes. 

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

Article 2 

Article 3 

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

Article 4 

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

Article 5 

The  specific  terms  and  conditions  regarding  the  participation  of  Moldova  in  each  particular 
programme,  in  particular  the  financial  contribution  payable  and  reporting  and  evaluation 
procedures,  will  be  determined  by  agreement  between  the  Commission,  acting  on  behalf  of 
the Union, and the competent authorities of Moldova (Memorandum of Understanding). 

If Moldova applies for Union external assistance to participate in a given Union programme 
on the basis of Article 3 of Regulation (EC) No 1638/2006 of the European Parliament and of 
the  Council  of  24  October  2006  laying  down  general  provisions  establishing  a  European 
Neighbourhood  and  Partnership  Instrument  or  pursuant  to  any  similar  Regulation  providing 
for  Union  external  assistance  to  Moldova  that  may  be  adopted  in  the  future,  the  conditions 
governing  the  use  by  Moldova  of  the  Union  assistance  shall  be  determined  in  a  financing 
agreement, respecting in particular Article 20 of Regulation (EC)No 1638/2006. 

Article 6 

Each  Memorandum  of  Understanding  concluded  pursuant  to  article  5,  shall  stipulate,  in 
accordance  with  the  Community’s  Financial  Regulation,  that  financial  control  or  audits  or 
other verifications, including administrative investigations will be carried out by, or under the 
authority  of,  the  European  Commission,  the  European  Anti-Fraud  Office  and  the  Court  of 
Auditors. 

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

Article 7 

The present Protocol concerning a framework Agreement shall apply for the period for which 
the  Partnership  and  Co-operation  Agreement  between  the  European  Communities  and  their 
Member States, of the one part, and the Republic of Moldova, of the other part, is in force. 

This Protocol shall be signed and approved by the Union and by Moldova in accordance with 
their respective procedures.  

Either  Contracting  Party  may  denounce  this  Protocol  by  written  notification  to  the  other 
Contracting Party. This Protocol shall terminate six months after the date of such notification.  

Termination  of  the  Protocol  following  denunciation  by  any  of  the  parties  shall  have  no 
influence  over  the  checks  and  controls  to  be  carried  out  under  the  provisions  laid  down  in 
Articles 5 and 6 where appropriate. 

Article 8 

No  later  than  three  years  after  the  date  of  entry  into  force  of  this  Protocol,  and  every  three 
years thereafter, both Contracting Parties may review the implementation of this Protocol on 
the  basis  of  the  actual  participation  of  the  Republic  of  Moldova  in  one  or  more  Union 
programmes.  

Article 9 

This Protocol shall apply, on the one hand, to the territories in which the Treaties on European 
Union  and  the  Treaty  on  the  Functioning  of  the  European  Union  apply  and  under  the 
conditions laid down in these Treaties, and, on the other hand, to the territory of the Republic 
of Moldova  

Article 10 

This Protocol shall enter into force on the first day of the month following the date on which 
the  Parties  notify  each  other  through  diplomatic  channels  of  the  completion  of  their 
procedures necessary for its entry into force.  

Pending  its  entry  into  force,  the  Parties  agree  that,  notwithstanding  the  completion  of  their 
internal  procedures,  they  shall  provisionally  apply  the  provisions  of  this  Protocol  from  the 
date of its signature, pending its conclusion at a later date. 

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Article 11 

This Protocol is drawn up in duplicate in the official languages of the parties 

Each of the language texts is equally authentic.  

Article 12 

This  Protocol  shall  form  an  integral  part  of  the  Partnership  and  Cooperation  Agreement 
establishing  a  partnership  between  the  European  Communities  and  their  Member  States,  of 
the one part, and the Republic of Moldova, of the other part. 

Done at Brussels, [date] 

For the Government of the Republic of Moldova 

For the European Union 

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