Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union, of a Framework Agreement between the European Union and Kosovo( on the general principles for the participation of Kosovo in Union programmes
Date: 2013-04-22
Institutions: European Commission
Subjects: EU programme, European neighbourhood policy, Kosovo, cooperation agreement (EU), signature of an agreement

EUROPEAN 
COMMISSION 

Brussels, 22.4.2013  
COM(2013) 218 final 

2013/0114 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the signing, on behalf of the European Union, of a Framework Agreement between 
the European Union and Kosovo∗ on the general principles for the participation of 
Kosovo in Union programmes 

∗ 

This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and
the ICJ Opinion on the Kosovo declaration of independence. 

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EXPLANATORY MEMORANDUM 

CONTEXT OF THE PROPOSAL 

1. 
In  its  2009  Communication  'Kosovo*  –  Fulfilling  its  European  Perspective'  the  European 
Commission  recommended  to  examine  the  opportunity  of  a  Framework  Agreement  with 
Kosovo on the general principles of its participation in Union programmes, and on this basis 
prepare negotiating directives. The European Commission adopted its proposal for negotiating 
directives  in  March  2011  and  submitted  it  to  the  Council.  The  Foreign  Affairs  Council 
adopted  the  proposal  for  negotiating  directives  on  22  October  2012.  The  General  Affairs 
Council  of  11  December  2012  welcomed  the  European  Commission's  on-going  efforts  to 
negotiate  a  Framework  Agreement  with  Kosovo  concerning  its  participation  in  Union 
programmes and its intention to come back to the Council in the first half of 2013. Kosovo 
confirmed its agreement with the draft Framework Agreement in writing on 16 January 2013. 

2. 

LEGAL ELEMENTS OF THE PROPOSAL 

The  legal  basis  for  this  proposal  is  Article  212  of  the  Treaty  on  the  Functioning  of  the 
European  Union,  in  conjunction  with  Article  218  (5)  TFEU.  The  substantive  legal  basis  is 
Article  212  TFEU  considering  that  the  aim  and  the  content  of  the  measure  are  to  carry  out 
economic, financial and technical cooperation with Kosovo in the sense of that Article.  

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2013/0114 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the signing, on behalf of the European Union, of a Framework Agreement between 
the European Union and Kosovo∗ on the general principles for the participation of 
Kosovo in Union programmes 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 212, in conjunction with Article 218(5) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

The December 2007 European Council underlined that the Union stands ready to play 
a leading role in strengthening stability in the region, stated the Union's readiness to 
assist Kosovo in the path towards sustainable stability and confirmed that the Union is 
ready  to  assist  economic  and  political  development  through  a  clear  European 
perspective, in line with the European perspective of the region. 

The  December  2009  General  Affairs  Council  welcomed  the  European  Commission's 
October  2009  communication  'Kosovo  –  Fulfilling  its  European  Perspective'1  and 
invited  it  to  take  the  necessary  measures  to  support  Kosovo's  progress  towards  the 
Union  in  line  with  the  European  perspective  of  the  region.  It  attached  importance  to 
measures related to trade and visa, and encouraged the European Commission to open 
up  for  Kosovo  taking  part  in  Union  programmes,  integrating  Kosovo  into  the 
economic  and  fiscal  surveillance  framework,  activating  the  Instrument  for  Pre-
accession  Assistance's  second  component  and  strengthening  the  Stabilisation  and 
Association Process dialogue. 

The  December  2010  General  Affairs  Council  looked  forward  to  a  European 
Commission  proposal  that  will  allow  Kosovo's  participation  in  Union  programmes. 
The European Commission issued its proposal in March 2011. 

The  December  2011  General  Affairs  Council  confirmed  its  commitment  to  find  an 
agreement  on  Kosovo's  participation  in  Union  programmes,  without  prejudice  to 
Member States' positions on status. 

On  22  October  2012  the  Council  authorised  the  European  Commission  to  open 
negotiations  with  Kosovo  on  its  participation  in  Union  programmes.  The  European 
Commission has negotiated, on behalf of the Union, a Framework Agreement on the 
general principles for the participation of Kosovo in Union programmes. 

(6) 

Kosovo has expressed the wish to participate in a number of Union programmes. 

∗ 

1  

This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and 
the ICJ Opinion on the Kosovo declaration of independence. 
COM(2009)534 of 14.10.2009. 

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(7) 

(8) 

(9) 

The aim of the agreement is to carry out economic, financial and technical cooperation 
with Kosovo in the sense of Article 212 TFEU. 

The specific terms and conditions, including the relevant financial contribution, for the 
participation  of  Kosovo  in  each  particular  programme  should  be  determined  by 
agreement  between  the  European  Commission,  acting  on  behalf  of  the  European 
Union, and the authorities of Kosovo. 

The signature of this Framework Agreement does not prejudge the position of Member 
States of the Union on the status of Kosovo, which will be decided in accordance with 
their national practice and international law. 

(10)  The Agreement should be signed on behalf of the Union, subject to its conclusion at a 

later date. 

HAS ADOPTED THIS DECISION:  

Article 1 

The  signing,  on  behalf  of  the  Union,  of  the  Framework  Agreement  between  the  European 
Union  and  Kosovo  on  the  general  principles  for  the  participation  of  Kosovo  in  Union 
programmes  ('the  Agreement')  is  hereby  approved,  subject  to  the  conclusion  of  the  said 
Agreement. 

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

The  Council  Secretariat  General  shall  establish  the  instrument  of  full  powers  to  sign  the 
Agreement,  subject  to  its  conclusion,  for  the  person(s)  indicated  by  the  negotiator  of  the 
Agreement. 

Article 2 

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

Done at Brussels,  

Article 3 

For the Council 
The President 

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Draft Framework Agreement 

ANNEX 

between  the  European  Union  and  Kosovo  on  the  general  principles  for  the  participation  of 
Kosovo in Union programmes 

THE EUROPEAN UNION, hereinafter referred to as "the Union", 

of the one part, and 

KOSOVO, hereinafter referred to as "Kosovo", 

of the other part, together hereinafter referred to as 'the Contracting Parties', 

Whereas:  

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

The  December  2007  European  Council  underlined  that  the  Union  stands  ready  to 
play  a  leading  role  in  strengthening  stability  in  the  region,  stated  the  Union's 
readiness  to  assist  Kosovo  in  the  path  towards  sustainable  stability  and  confirmed 
that the Union is ready to assist economic and political development through a clear 
European perspective, in line with the European perspective of the region. 

The December 2009 General Affairs Council welcomed the European Commission's 
October  2009  Communication  'Kosovo  –  Fulfilling  its  European  Perspective'2  and 
invited  it  to  take  the  necessary  measures  to  support  Kosovo's  progress  towards  the 
Union in line with the European perspective of the region. It attached importance to 
measures  related  to  trade  and  visa,  and  encouraged  the  European  Commission  to 
open  up  for  Kosovo  taking  part  in  Union  programmes,  integrating  Kosovo  into  the 
economic  and  fiscal  surveillance  framework,  activating  the  Instrument  for  Pre-
accession  Assistance's  second  component  and  strengthening  the  Stabilisation  and 
Association Process dialogue. 

The  December  2010  General  Affairs  Council  looked  forward  to  a  European 
Commission  proposal  that  will  allow  Kosovo's  participation  in  Union  programmes. 
The European Commission issued its proposal in March 2011. 

The  December  2011  General  Affairs  Council  confirmed  its  commitment  to  find  an 
agreement  on  Kosovo's  participation  in  Union  programmes,  without  prejudice  to 
Member States' positions on status. 

The October 2012 Foreign Affairs Council authorised the European Commission to 
open negotiations on a Framework Agreement on behalf of the Union with Kosovo 
concerning its participation in Union programmes.  

Kosovo has expressed the wish to participate in a number of Union programmes. 

Article 212 TFEU refers to economic, financial and technical cooperation measures 
with third countries other than developing countries. 

The specific terms and conditions,  including the  relevant financial contribution,  for 
the  participation  of  Kosovo  in  each  particular  programme  should  be  determined  by 
agreement  between  the  European  Commission,  acting  on  behalf  of  the  European 
Union, and the authorities of Kosovo. 

2 

COM(2009)534 of 14.10.2009. 

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(9) 

The  signature  and  conclusion  of  this  Framework  Agreement  does  not  prejudge  the 
position  of  Member  States  of  the  Union  on  the  status  of  Kosovo,  which  will  be 
decided in accordance with their national practice and international law. 

HAVE AGREED AS FOLLOWS: 

Kosovo shall be eligible to participate in the following Union programmes: 

Article 1 

existing  Union  programmes  which  are  listed  in  the  Annex  and  their  successor 
(a) 
programmes,  which  are  open  to  candidate  countries  and  potential  candidate  countries 
benefiting  from  the  pre-accession  strategy  for  the  Western  Balkans,  in  accordance  with  the 
'the 
provisions  of 
Agreement') enters into force; 

the  Framework  Agreement  (hereinafter 

these  programmes,  once 

Union programmes established or renewed after the entry into force of the Agreement 

(b) 
and which contain an opening clause which provides for the participation of Kosovo.  

Kosovo shall be able to participate in step with its commitments to adopt and apply standards 
in the areas relevant to the programme concerned and the progress made in that respect.  

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

Article 2 

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

Article 3 

Projects  and  initiatives  submitted  by  participants  from  Kosovo  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 4 

Article 5 

The  specific  terms  and  conditions  regarding  the  participation  of  Kosovo  in  each  particular 
programme, in particular the financial contribution payable, will be determined by agreement 
between the European Commission, acting on behalf of the European Union, and the Kosovo 
authorities. 

If Kosovo applies for European Union pre-accession assistance on the basis of the Instrument 
for Pre-Accession Assistance3, or pursuant to any similar Regulation providing for European 
Union external assistance to Kosovo that may be adopted in future, the conditions governing 
the  use  by  Kosovo  of  European  Union  assistance  shall  be  determined  in  a  Financing 
Agreement. 

3 

OJ L210 of 31.7.2006. 

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Article 6 

The agreement referred to in the first subparagraph of Article 5 shall stipulate, in accordance 
with  the  European  Union's  Financial  Regulation  that  financial  control  or  audits  are  to  be 
carried out by, or under the authority of, the European Commission, the European Anti-Fraud 
Office (OLAF) and the Court of Auditors of the European Union.  

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 European Union. 

The Agreement shall apply for an indeterminate period.  

Article 7 

The Agreement may be terminated by either Party by giving six months' notice in writing. 

The Contracting Parties may review the Agreement for the first time no later than three years 
after  the  date  of  its  entry  into  force,  and  every  three  years  thereafter,  on  the  basis  of  the 
experience gained from Kosovo's actual participation in one or more Union programmes. 

Article 8 

The  Agreement  shall  apply  to  the  territory  in  which  the  Treaty  on  European  Union  and  the 
Treaty  on  the  Functioning  of  the  European  Union  are  applicable  and  to  the  territory  of 
Kosovo. 

Article 9  

The  Agreement  shall  enter  into  force  on  the  day  on  which  the  Contracting  Parties  have 
notified each other of the completion of their respective procedures for the entry into force. 

Article 10 

Article 11 

The  Agreement  is  drawn  up  in  duplicate  in  the  Bulgarian,  Spanish,  Czech,  Danish, 
German, Estonian,  Greek,  English,  French,  Irish,  Italian,  Latvian,  Lithuanian,  Hungarian, 
Maltese,  Dutch,  Polish,  Portuguese,  Romanian,  Slovak,  Slovenian,  Finnish,  Swedish, 
Albanian and Serbian languages. Each of the language versions is equally authentic. 

Done at Brussels on the XXX in the year YYY. 

For the European Union 

The President 

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LIST OF CURRENT UNION PROGRAMMES REFERRED TO IN ARTICLE 1 

European Earth monitoring programme (GMES)4 

ANNEX 

Framework  programme  on  Solidarity  and  the  Management  of  Migration  Flows  for 
the period 2007-20135 
Fiscalis 20136 
Customs 20137 
Entrepreneurship and Innovation Programme8 
Community Programme for Employment and Social Solidarity – PROGRESS9 
Programme of Community Action in the Field of Consumer Policy10 
GALILEO Programme11 
SESAR Programme and Joint Undertaking12 
Intelligent Energy-Europe Programme13 
ICT Policy Support Programme14 
Interoperability solutions for European public administrations (ISA)15 

Regulation  (EU)  No  911/2010  of  the  European  Parliament  and  of  the  Council  of  22.9.2010  on  the 
European Earth monitoring programme (GMES) and its initial operations (2011 to 2013).  
Communication  of  the  Commission  to  the  Council  and  the  European  Parliament  establishing  a 
framework programme on Solidarity and the Management of Migration Flows for the period 2007-2013 
(COM(2005) 123 of 6.4.2005), and the proposals for decisions of the European Parliament and Council 
establishing  the:  -  European  Fund  for  the  Integration  of  Third-country  nationals  for  the  period  2007-
2013; - European Refugee Fund for the period 2008-2013; - External Borders Fund for the period 2007-
2013; - European Return Fund for the period 2007-2013. 
Decision No 1482/2007/EC of the European Parliament and of the Council of 11.12.2007 establishing a 
Community  programme  to  improve  the  operation  of  taxation  systems  in  the  internal  market  (Fiscalis 
2013), COM (2006) 202 final of 17.5.2006.  
Decision No 624/2007/EC of the European Parliament and of the Council of 23.5.2007 establishing an 
action programme for customs in the Community (Customs 2013), OJ L 154 of 14.6.2007, p. 25. 
Part  of  the  Competitiveness  and  Innovation  Framework  Programme,  Decision  (EC)  No  1639/2006  of 
the  European  Parliament  and  of  the  Council  of  24.10.2006  establishing  a  Competitiveness  and 
Innovation Framework Programme 2007-2013, OJ L 310 of 9.11.2006, p. 15. 
Decision No 1672/2006/EC of the European Parliament and of the Council of 24.10.2006 establishing a 
Community Programme for Employment and Social Solidarity, OJ L 315 of 15.11.2006, p. 1.  
Decision No 1926/2006/EC of the European Parliament and of the Council of 18.12.2006 establishing a 
Programme of Community Action in the field of Consumer Policy 2007-2013, OJ L 404 of 30.12.2006, 
p. 39. 
Regulation (EU) No 912/2010 of the European Parliament and of the Council of 22.9.2010 setting up 
the European GNSS Agency, repealing Council Regulation (EC) No 1321/2004 on the establishment of 
structures  for  the  management  of  the  European  satellite  radio  navigation  programmes  and  amending 
Regulation (EC) No 683/2008 of the European Parliament and of the Council, OJ L276 of 20.10.2010. 
Council Regulation (EC) No 219/2007 of 27 February 2007 on the establishment of a Joint Undertaking 
to develop the new generation European air traffic management system (SESAR) OJ L 64 of 2.3.2007, 
p. 1. 
Part  of  the  Competitiveness  and  Innovation  Framework  Programme,  Decision  (EC)  No  1639/2006  of 
the  European  Parliament  and  of  the  Council  of  24.10.2006  establishing  a  Competitiveness  and 
Innovation Framework Programme (2007-2013), OJ L 310 of 9.11.2006, p. 15.  
Part  of  the  Competitiveness  and  Innovation  Framework  Programme,  Decision  (EC)  No  1639/2006  of 
the  European  Parliament  and  of  the  Council  of  24.10.2006  establishing  a  Competitiveness  and 
Innovation Framework Programme (2007-2013), OJ L 310 of 9.11.2006, p. 15. 

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15 

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LIFE+16 
Public Health17 
Lifelong Learning18 
Culture19 
Europe for Citizens20 
European Audiovisual Sector (MEDIA 2007)21 
Pericles (2002-2013)22 
Youth in Action23 
Research and Innovation 24 
Knowledge for Growth25  

Decision  No  922/2009/EC  of  the  European  Parliament  and  of  the  Council  of  16  September  2009  on 
interoperability solutions for European public administrations (ISA), OJ L 260, 3.10.2009, p. 20. 
Regulation (EC) No 614/2007 of the European Parliament and of the Council of 23.5.2007 concerning 
the Financial Instrument for the Environment (LIFE+), OJ L 149 of 9.6.2007, p. 1. 
Decision No 1350/2007/EC of the European Parliament and of the Council of 23.10.2007 establishing a 
second programme of Community action in the field of health (2008-2013), OJ L 301 of 20.11.2007, p. 
3. 
Decision No 1720/2006/EC of the European Parliament and of the Council of 15.11.2006 establishing 
an Action Programme in the field of Lifelong Learning, OJ L 327 of 24.11.2006, p. 45. 
Decision No 1903/2006/EC of the European Parliament and of the Council of 12.12.2006 establishing 
the Culture Programme (2007-2013), OJ L 378 of 27.12.2006, p. 22. 
Decision No 1904/2006/EC of the European Parliament and of the Council of 12.12.2006 establishing 
for the period 2007-2013 the programme "Europe for Citizens" to promote active European citizenship, 
OJ L 378 of 27.12.2006, p. 32. 
Decision No 1718/2006/EC of the European Parliament and of the Council of 15.11.2006 concerning 
the implementation of a programme of support for the European audiovisual sector (MEDIA 2007), OJ 
L 327 of 24.11.2006, p. 12. 
Council  Decision  2006/75/EC  of  30  January  2006  amending  and  extending  Decision  (EC)  2001/923 
establishing  an  exchange,  assistance  and  training  programme  for  the  protection  of  the  Euro  against 
counterfeiting (the “Pericles” programme), OJ L 36 of 8.2.2006, p. 40. 
Decision No 1719/2006/EC of the European Parliament and of the Council of 15.11.2006 establishing 
the Youth in Action programme for the period 2007 to 2013, OJ L 327, 24.11.2006, p. 30.  
The  Seventh  Framework  Programme  of  the  European  Community  for  research,  technological 
development and demonstration activities (2007-2013), OJ L 400 of 30.12.2006. 
The  Seventh  Framework  Programme  of  European  Atomic  Energy  Community  (Euratom)  for  nuclear 
research and training activities (2007-2011) as renewed by Council Decision of 19.12.2011 concerning 
the  Framework  Programme  of  the  European  Atomic  Energy  Community  for  nuclear  research  and 
training activities (2012-2013), OJ L 47 of 18.2.2012. 

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