Proposal for a COUNCIL DECISION on the conclusion of a Protocol to the Partnership and Co-operation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Ukraine, of the other part, on a Framework Agreement between the European Union and Ukraine on the general principles for the participation of Ukraine in Union programmes
Date: 2010-07-28
Institutions: European Commission
Subjects: EU office or agency, EU programme, Ukraine, cooperation agreement, protocol to an agreement, signature of an agreement

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EUROPEAN COMMISSION  

Brussels, 28.7.2010 
COM(2010)407 final 

2010/0218 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of a Protocol to the Partnership and Co-operation Agreement 
establishing a partnership between the European Communities and their Member 
States, of the one part, and Ukraine, of the other part, on a Framework Agreement 
between the European Union and Ukraine on the general principles for the participation 
of Ukraine 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. 

In  June  2007,  it  was  decided  to  start  negotiations  with  Ukraine.  Negotiations  with  Ukraine 
have  since  been  completed  to  the  satisfaction  of  the  Commission.  The  text  of  the  protocol 
negotiated with Ukraine is attached. 

The Commission herewith submits proposals for a Council Decision on the conclusion of the 
Protocol.  This  protocol  contains  a  Framework  Agreement  on  the  general  principles  for  the 
participation  of  Ukraine  in  Union  programmes.  It  contains  standard  stipulations  that  are 
intended  to  be  applied  to  all  European  Neighbourhood  Policy  partner  countries  with  which 

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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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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.  

In parallel, the Commission submits a proposal for a Council Decision on the signature and 
provisional application of the said Protocol.  

The Council is invited to adopt the following proposed Decision. 

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2010/0218 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of a Protocol to the Partnership and Co-operation Agreement 
establishing a partnership between the European Communities and their Member 
States, of the one part, and Ukraine, of the other part, on a Framework Agreement 
between the European Union and Ukraine on the general principles for the participation 
of Ukraine 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  and  352,  in  conjunction  with  Article 
218(6)(a) and the second subparagraph of Article 218(8) thereof, 

Having regard to the proposal from the European Commission, 

Having regard to the consent of the European Parliament, 

Whereas: 

(1) 

The Protocol to the Partnership and Cooperation Agreement establishing a partnership 
between  the  European  Communities  and  their  Member  States,  of  the  one  part,  and 
Ukraine, of the other part, on a Framework Agreement between the European Union 
and  Ukraine  on  the  general  principles  for  the  participation  of  Ukraine  in  Union 
programmes  (hereinafter  referred  to  as  "the  Protocol")  was  signed  on  behalf  of  the 
Union on …  

(2)  With regard to some of the programmes covered by the Protocol, the Treaty does not 

provide for powers other than those under Article 352, 

(3) 

The Protocol should be concluded, 

HAS ADOPTED THIS DECISION:  

Article 1 

The  Protocol  to  the  Partnership  and  Co-operation  Agreement  between  the  European 
Communities and their Member States, of the one part, and Ukraine, of the other part, on a 
Framework  Agreement  between  the  European  Union  and  Ukraine  on  the  general  principles 
for the participation of Ukraine in Union programmes (hereinafter referred to as “the Parties”) 
is hereby approved on behalf of the European Union and its Member States.  

The text of the Protocol is attached to this Decision. 

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The  President  of  the  Council  shall  give  the  notification  provided  for  in  Article  10  of  the 
Protocol. 

Article 2 

This Decision shall enter into force on the day of its adoption. 

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 Ukraine, of the other part, on a 
framework Agreement between the European Union and Ukraine on the general 
principles for the participation of Ukraine in Union programmes 

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

of the one part, 

and  

Ukraine, 

of the other part, 

hereinafter referred to as “the Parties” 

Whereas 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

Ukraine  entered  into  a  Partnership  and  Co-operation  Agreement  establishing  a 
partnership between the European Communities and their Member States, of the one 
part, and Ukraine, of the other part, (hereinafter referred to as “the Agreement”) on 1 
March  1998  (Official  Journal  of  the  European  Communities  L  49  of  19  February 
1998). 

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. 

Ukraine has expressed its wish to participate in a number of Union programmes. 

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

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HAVE AGREED AS FOLLOWS: 

Article 1 

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

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

Article 2 

Article 3 

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

Article 4 

Projects  and  initiatives  submitted  by  participants  from  Ukraine  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  Ukraine  in  each  particular 
programme,  in  particular  the  financial  contribution  payable  and  reporting  and  evaluation 
procedures, shall be determined by agreement between the Commission, acting on behalf of 
the Union, and the competent authorities of Ukraine (Memorandum of Understanding). 

If  Ukraine  applies  for  external  assistance  of  the  Union  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 external assistance of the Union to Ukraine a that may be adopted in 
the  future,  the  conditions  governing  the  use  by  Ukraine  of  external  assistance  of  the  Union 
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 Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the 
Financial  Regulation  applicable  to  the  general  budget  of  the  European  Communities,  that 
financial  control  or  audits  or  other  verifications,  including administrative  investigations  will 

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be  carried  out  by,  or  under  the  authority  of,  the  European  Commission,  the  European  Anti-
Fraud Office and the Court of Auditors. 

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 Ukraine, of the other part, is in force. 

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

Either  Contracting  Party  may  denounce  this  Protocol  by  written  notification  to  the  other 
Contracting  Party.  This  Agreement  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  on  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 Ukraine in one or more Union programmes.  

Article 9 

This  Protocol  shall  apply,  on  the  one  hand,  to  the  territories  in  which  the  Treaty  on  the 
Functioning  of  the  European  Union  is  applied  and  under  the  conditions  laid  down  in  this 
Treaty, and, on the other hand, to the territory of Ukraine. 

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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This Protocol shall form an integral part of the Agreement. 

Article 11 

Article 12 

This Protocol shall be drawn up in duplicate in the official languages of the Parties, each of 
these texts being equally authentic. 

Done at Brussels, this…day of …in the year… 

For the Government of Ukraine 

For the European Union 

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