Proposal for a COUNCIL DECISION on the conclusion of a Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Armenia, of the other part, on a Framework Agreement between the European Union and the Republic of Armenia on the general principles for the participation of the Republic of Armenia in Union programmes
Date: 2012-09-19
Institutions: European Commission
Subjects: Armenia, EU programme, European neighbourhood policy, cooperation agreement (EU), financial control, protocol to an agreement

EUROPEAN COMMISSION 

Brussels, 19.9.2012  
COM(2012) 518 final 

2012/0247 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of a Protocol to the Partnership and Cooperation Agreement between 
the European Communities and their Member States, of the one part, and the Republic 
of Armenia, of the other part, on a Framework Agreement between the European Union 
and the Republic of Armenia on the general principles for the participation of the 
Republic of Armenia in Union programmes 

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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.  The  Commission  outlined  this  policy  aspect  more 
extensively  in  its  Communication  of  December  2006  “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.  

The Joint Communication by the Commission and the High Representative of the European 
Union  for  Foreign  Affairs  and  Security  Policy  “A  new  response  to  a  changing 
Neighbourhood”7,  endorsed  by  Council  Conclusions  on  20  June  2011,  further  stressed  the 
EU’s intention to facilitate partner countries’ participation in EU programmes. 

To date, Protocols were signed with Israel8, Morocco9, Moldova10 and Ukraine11. A Protocol 
has also been negotiated, but not yet signed, with Jordan. 

In April 2012, Armenia expressed its interest to participate in the broad range of programmes 
open  to  partner  countries  of  the  European  Neighbourhood  Policy.  The  text  of  the  Protocol 
negotiated with Armenia is attached.  

The Commission herewith submits a proposal for a Council Decision on the conclusion of the 
Protocol.  This  Protocol  contains  a  Framework  Agreement  on  the  general  principles  for  the 
participation  of  Armenia  in  Union  programmes.  It  contains  standard  stipulations  that  are 

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6 

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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. 
COM (2011) 303 final of 25 May 2011. 
OJEU L129/39 of 17.5.2008. 
OJEU L273/1 of 19.10.2010. 
OJEU L14/5 of 19.01.2011, OJEU L131/1 of 18.05.2011, entry into force on 01.05.2011. 
OJEU L18/1-5 of 21.01.2011, OJEU L133/1 of 20.05.2011. 

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intended  to  be  applied  to  all  European  Neighbourhood  Policy  partner  countries  with  which 
such protocols are to be concluded.  

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 of the 
said Protocol.  

The Council is invited to adopt the following proposed Decision. 

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2012/0247 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of a Protocol to the Partnership and Cooperation Agreement between 
the European Communities and their Member States, of the one part, and the Republic 
of Armenia, of the other part, on a Framework Agreement between the European Union 
and the Republic of Armenia on the general principles for the participation of the 
Republic of Armenia 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  114,  168,  169,  172,  173(3),  188  and  192,  in  conjunction  with  Article  218(6)(a) 
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  between  the  European 
Communities and their Member States, of the one part, and the Republic of Armenia, 
of  the  other  part,  on  a  Framework  Agreement  between  the  European Union  and 
Republic of Armenia on the general principles for the participation of the Republic of 
Armenia in Union programmes ("the Protocol") was signed on behalf of the Union on 
…  

(2) 

The Protocol should be approved, 

HAS ADOPTED THIS DECISION:  

Article 1 

The  Protocol  to  the  Partnership  and  Cooperation  Agreement  between  the  European 
Communities and their Member States, of the one part, and the Republic of Armenia, of the 
other part, on a Framework Agreement between the European Union Republic of Armenia on 
the  general  principles  for  the  participation  of  Republic  of  Armenia  in  Union  programmes 
(“the Protocol”) is hereby approved on behalf of the Union12.  

The text of the Protocol is attached to this Decision. 

12 

The Protocol has been published in […] together with the decision on signature. 

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The President of the Council shall, on behalf of the Union, give the notification provided for 
in Article 10 of the Protocol13. 

Article 2 

Article 3 

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

Done at,  

For the Council 
The President 

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The date of entry into force of the Protocol will be published in the Official Journal of the European 
Union by the General Secretariat of the Council. 

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PROTOCOL 

to the Partnership and Cooperation Agreement between the European Communities 
and their Member States, of the one part, and the Republic of Armenia, of the other 
part, on a Framework Agreement between the European Union and the Republic of 
Armenia on the general principles for the participation of the Republic of Armenia in 
Union programmes 

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

of the one part, 

and 

THE REPUBLIC OF ARMENIA, hereinafter referred to as “Armenia” 

of the other part, 

hereinafter referred to as “the Parties” 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

Armenia  has  concluded  a  Partnership  and  Cooperation  Agreement  between  the 
European  Communities  and  their  Member  States,  of  the  one  part,  and  Armenia,  of 
the other part, (hereinafter referred to as “the Agreement”), which entered into force 
on 1 July 1999. 

The  Brussels  European  Council  of  17  and  18  June  2004  welcomed  the  European 
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  European  Commission’s  Communication  of  4  December 
2006  to  enable  European  Neighbourhood  Policy  partners  to  participate  in 
Community  agencies  and  Community  programmes  on  their  merits  and  where  the 
legal bases so allow. 

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

The  specific  terms  and  conditions,  in  particular,  the  financial  contribution  and 
reporting and evaluation procedures, regarding the participation of Armenia in each 
particular  programme  should  be  determined  in  a  Memorandum  of  Understanding 
between the European Commission and the competent authorities of Armenia, 

HAVE AGREED AS FOLLOWS: 

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Article 1 

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

Article 2 

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

Article 3 

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

Article 4 

Projects  and  initiatives  submitted  by  participants  from  Armenia  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  Armenia  in  each  particular 
programme,  in  particular  the  financial  contribution  payable  and  reporting  and  evaluation 
procedures, shall be determined in a Memorandum of Understanding between the European 
Commission and the competent authorities of Armenia on the basis of the criteria established 
by the programmes concerned. 

If  Armenia  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 Armenia that may be adopted in 
the future, the conditions governing the use by Armenia 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 
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 

This Protocol shall apply for the period for which the Agreement is in force. 

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

Either 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  on  the  checks  and  controls  to  be  carried  out  under  the  provisions  laid  down  as 
provided 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 Parties may review the implementation of this Protocol on the basis of 
the actual participation of Armenia in 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 applies and under the conditions laid down in this Treaty, 
and, on the other hand, to the territory of Armenia. 

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. 

This Protocol shall form an integral part of the Agreement. 

Article 11 

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Article 12 

This Protocol shall be drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, 
Estonian,  Finnish,  French,  German,  Greek,  Hungarian,  Irish,  Italian,  Latvian,  Lithuanian, 
Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Armenian 
languages, each of these texts being equally authentic. 

Done at Brussels,  

For the European Union 

For the Republic of Armenia 

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