CELEX: 52000PC0725(01)
Language: en
Date: 2000-11-10
Title: Proposal for a Council Decision concerning the Community position within the Association Council on the participation of [country] in Community programmes

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  Brussels, 10.11.2000
                                                  COM(2000) 725 final
                                     Proposal for a
                               COUNCIL DECISION
concerning the Community position within the Association Council on the participation
                      of [country] in Community programmes
                                Recommendation for a
                               COUNCIL DECISION
 authorising the Commission to negotiate a framework agreement with Cyprus, Malta
        and Turkey concerning their participation in Community programmes
                            (presented by the Commission)
 ---pagebreak---                               EXPLANATORY MEMORANDUM
1.        INTRODUCTION
The European Council held in Helsinki in December 1999 confirmed the enlargement process
launched at its meeting of December 1997 in Luxembourg. The enhanced Pre-Accession
Strategy defined in 1997 was reiterated, which includes the participation of the 13 candidate
States in Community programmes as an important part of such strategy.
The term "Community programmes" designates here an integrated set of actions adopted by
the Community, over a period of years, in order to promote co-operation between its Member
States in different specific fields related to Community policies. They have been conceived, in
principle exclusively, for EU Member States, on the basis of a specific allocation from the
General Budget of the European Union. Consequently those programmes whose beneficiaries
are not Member States of the Union but non-EU countries (i.e. the Phare, Tacis and Meda
programmes) are not covered by this definition.
As regards the ten candidate countries of Central and Eastern Europe (CEECs) 1,
participation in Community programmes is provided in their respective Europe Agreements.
Pursuant to the Europe Agreements, the conditions and modalities of these countries’
participation are defined by the respective Association Councils on the basis of specific
Decisions.
Nevertheless, following the European Council's conclusions in Luxembourg and Helsinki, the
Commission, in its Communication of 20 December 1999 on "Participation of candidate
countries in the Community programmes, agencies and committees" [COM(1999) 710 final],
proposed to the Council to streamline the Community procedures required to adopt these
Association Council Decisions.
2.        CURRENT SITUATION
In fact, actual participation of the CEECs plus Cyprus in the Community programmes
currently open to them has been actively encouraged since the Luxembourg European
Council. Following the entry into force in 1997 and 1998 of a series of decisions by the
Association Councils, nationals of the ten CEECs have been participating part in Community
programmes in several fields. Cyprus, for its part, is involved in programmes relating to the
audiovisual industry, education, vocational training and young people, as provided for in the
agreements concluded in 1997 (more recently, in the field of scientific research and in the
SMEs programme). Malta has started to participate in the programmes dealing with education
(Socrates) and vocational training (Leonardo da Vinci) since September 2000; its
participation in the Youth programme will begin as of 1 January 2001.
Turkey has not yet participated fully in Community programmes.
1
        Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and
        Slovenia.
                                                 2
 ---pagebreak--- Experience has shown that legal preparations for the participation of the ten CEECs required
more than 100 individual (i.e. one by country and programme) decisions by the Association
Councils between 1997 and 1999. The adoption of such decisions took between six and nine
months, for which reason some of the decisions came into force when the period covered by
the programmes was already well under way.
In the light of this experience, the Commission proposed in the above-mentioned
Communication that a new approach should be adopted to the participation of the candidate
countries in the new generation of Community programmes, taking advantage of the fact that
most of these programmes are being replaced by new programmes either at the end of 1999 or
in 2000.
At any rate, as a consequence of the Community renewal of programmes (in which candidate
countries' participation is foreseen), on the one hand, and the renewed application for
participation by these countries, on the other, bilateral legal instruments setting up the terms
of participation will have to be concluded, in the shape of decisions by the Association
Councils in the case of the CEECs and agreements or additional protocols to the association
agreements in the case of Cyprus, Malta and Turkey.
Following the applications made by the candidate countries to participate in the present and
future programmes, on the basis of the current Community procedures in this field more than
150 new international instruments would be necessary, within the next few months, in order
to formalise this kind of participation.
In the case of Cyprus, Malta and Turkey, a double Commission-Council procedure would
be needed since for each individual Agreement a negotiating mandate should be
recommended previously by the Commission to the Council. In addition, the European
Parliament would have to be consulted on each Commission proposal regarding the draft
individual Agreements.
This scenario would overload both the usual EU inter-institutional relations and the required
administrative tasks by the Commission. Among candidate countries, it would aggravate their
current disappointment as regards the protracted Community procedures to formalise their
participation in programmes. It should be recalled that authorities from these countries
unanimously welcomed the streamlined procedures the Commission proposed for this matter
in its above-mentioned Communication to the Council of 20 December 1999.
3.         NEW APPROACH
To simplify therefore the procedures to adopt such international instruments, the Commission
proposes now to the Council:
a)    to adopt a series of 10 Decisions concerning the Community position within the
      respective Association Councils regarding framework Association Council Decisions on
      the participation of CEECs in the Community programmes opened up to them;
b) to authorise the Commission to negotiate 3 framework agreements with Cyprus, Malta
      and Turkey on their participation in Community programmes.
                                               3
 ---pagebreak--- In both cases, these international instruments should establish the general principles for the
participation in Community programmes of any country applying to do so and leave decisions
on specific participation procedures to the Commission. These procedures, especially the
financial conditions, would subsequently be laid down either in Financing Memoranda (in
case of support by Community external assistance such as Phare) or in ordinary Memoranda
of Understanding between the Commission and the Government of the candidate country
concerned.
3.1.     Regarding candidate countries from Central and Eastern Europe (CEECs)
         The main issues addressed in the proposed draft framework Decisions of the
         Association Councils are the following:
        a) the programmes concerned will be those whose Community Decisions or
            Regulations establishing them (adopted by either the EU Council or the European
            Parliament and the EU Council) provide for CEEC participation;
        b) the CEECs will pay each year a contribution to the programmes, to be established
            in the Financing Memoranda or Memoranda of Understanding mentioned above.
            This contribution will not be reimbursed to the CEEC if, at the end of the year, the
            results fall short of the contribution paid;
        c) representatives from the CEECs will be invited to attend meetings of the
            Programme Committees as observers, for the points which concern them;
        d) projects and initiatives submitted by participants from the CEECs shall be subject
            to the same conditions, rules and procedures pertaining to the programmes
            concerned as are applied to Member States, regarding in particular the
            submission, assessment and selection of applications and projects;
        e) the framework decisions will apply for an unspecified period, subject to a
            classical clause of denunciation. Specific duration of participation in programmes
            will be determined in the subsequent Memoranda to be concluded between the
            Commission and the Government concerned.
3.2.     Regarding Cyprus, Malta and Turkey
         In order to formalise with these three candidate countries the same kind of
         participation in programmes as that proposed for the CEECs, a different type of
         international instrument is needed. This is due to the fact that the legal scope of the
         respective Association Agreements in force with Cyprus, Malta and Turkey since
         1973, 1971 and 1964 respectively ("old generation") do not provide for participation
         in Community programmes, contrary to the "Europe Agreements" concluded with
         the 10 CEECs ("last generation" of Association Agreements which came into force
         between 1994 and 1999).
         Instead of "framework Decisions of the Association Councils" applicable to the
         CEECs, equivalent framework agreements should be negotiated bilaterally between
         the Commission and Cyprus, Malta and Turkey, on the basis of relevant
         negotiating mandates by the EU Council.
                                                  4
 ---pagebreak---           The main issues addressed in the framework agreements would be the same as those
          envisaged for the CEECs (see 3.1 above), except item a.
          In fact, virtually all legal acts establishing Community programmes and allowing
          CEEC participation envisage participation of Cyprus as well. However participation
          of Malta is less commonly foreseen and that of Turkey is almost unusual.
          Nevertheless, the conclusions of the Helsinki European Council put on an equal
          footing the 13 candidate countries as far as the Pre-Accession Strategy is concerned,
          including "participation in programmes".
          For this reason, the future framework agreements should allow participation of
          Cyprus, Malta and Turkey in all Community programmes which are opened to the
          CEECs.
In the light of the above, the Council is invited to:
• adopt the annexed proposals for 10 Decisions concerning the Community position within
   the respective Association Councils set up in the Europe Agreements concluded with the
   ten candidate countries of Central and Eastern Europe (CEECs);
• decide that the Commission shall be authorised to negotiate with Cyprus, Malta and
   Turkey, in accordance with the attached negotiating directives, three bilateral Framework
   Agreements laying down the general terms and conditions for the participation of these
   three candidate countries in all Community programmes which are opened to the CEECs.
                                                 5
 ---pagebreak---                                                Proposal for a
                                         COUNCIL DECISION
 concerning the Community position within the Association Council on the participation
                             of [country] in Community programmes
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular
Articles 300(2) and 308 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)     The Additional Protocol to the Europe Agreement establishing an association between
        the European Communities and their Member States, of the one part, and [country]♦,
        of the other part, has been concluded by decision of the Council and the Commission
        of 4 December 1995 ;
(2)     According to Article 1 of the Additional Protocol, [country]♦, may participate in
        Community framework programmes, specific programmes, projects or other actions
        and, pursuant to Article 2, the terms and conditions for the participation of [country]
        in these activities shall be decided by the Association Council ;
(3)     Community legal acts establishing the different Community programmes provide that
        these programmes shall be open to the participation of candidate countries of Central
        and Eastern Europe in accordance with the conditions set out in the Europe
        Agreements, in their additional protocols and in the decisions of the respective
        Association Councils,
♦
        [This wording is applicable only to 6 CEECs: Bulgaria, Czech Republic, Hungary, Poland, Romania
        and Slovakia. A slightly different wording (no reference to Additional Protocol) will be used for the 4
        remaining CEECs].
                                                      6
 ---pagebreak--- HAS DECIDED AS FOLLOWS:
The position to be taken by the Community within the Association Council established by the
Europe Agreement between the European Communities and their Member States, of the one
part, and [country], of the other part, concerning the participation of [country] in Community
programmes, is the attached draft decision of the Association Council.
Done at Brussels,
                                              For the Council
                                              The President
                                                7
 ---pagebreak---                                                Proposal for a
       FRAMEWORK DECISION N° …/ …. OF THE ASSOCIATION COUNCIL
    between the European Communities and their Member States, of the one part, and
                                       [country], of the other part
                                                 of ...….…
      adopting the general terms and conditions for the participation of [country] in
                                        Community programmes
THE ASSOCIATION COUNCIL
Having regard to the Additional Protocol to the Europe Agreement between the European
Communities and their Member States, of the one part, and [country]♦, of the other part,
concerning [country]’s participation in Community programmes, and in particular Articles 1
and 2 thereof1;
Whereas :
(1)     According to Article 1 of the Additional Protocol, [country]♦, may participate in
        Community framework programmes, specific programmes, projects or other actions
        dealing with a wide range of areas; whereas it also provides for addition of other
        Community areas;
(2)     According to Article 2 of the Additional Protocol, the terms and conditions for the
        participation of [country]♦, in these activities shall be decided by the Association
        Council ;
(3)     the specific participating conditions, including financial implications, in each
        Community programme shall be determined on the basis of Memoranda of
        Understanding to be negotiated and concluded between the European Commission and
        the Government of [country],
HAS DECIDED AS FOLLOWS:
♦
        [This wording is applicable only to 6 CEECs: Bulgaria, Czech Republic, Hungary, Poland, Romania
        and Slovakia. A slightly different wording (no reference to Additional Protocol) will be used for the 4
        remaining CEECs].
1
        OJ L …, 00.00.199.., p. …
                                                       8
 ---pagebreak---                                             Article 1
[country] may participate in all Community programmes opened to participation of candidate
countries of Central and Eastern Europe.
                                            Article 2
[country] shall contribute financially to the European Union's budget corresponding to the
specific programmes in which [country] participate.
                                            Article 3
[country]'s representatives shall be allowed to take part, as observers and for the points which
concern [country], in the management committees responsible for monitoring the
programmes to which [country] will contribute financially.
                                            Article 4
Projects and initiatives submitted by participants from [country] shall be subject to the same
conditions, rules and procedures pertaining to the programmes concerned, as far as possible,
as are applied to Member States.
                                            Article 5
The specific terms and conditions, including financial contribution, regarding the participation
of [country] in each particular programme will be determined between the European
Commission and the Government of [country], on the basis of a Memorandum of
Understanding. Should [country] apply for Community external assistance pursuant to
Regulation (EEC) No 3906/89 on economic aid to certain countries of Central and Eastern
Europe, as last amended by Regulation (EC) No 1266 of 21 June 1999, the specific terms and
conditions mentioned above may be determined on the basis of a Financing Memorandum.
                                            Article 6
This Framework Decision shall apply for an undetermined period. It may be denounced by
any Party in writing within a 6-month notice.
                                                9
 ---pagebreak---                                         Article 7
This Framework Decision shall enter into force on the first day of the month following its
adoption by the Association Council.
Done at Brussels,
                                         For the Association Council
                                         The President
                                           10
 ---pagebreak---                                       Recommendation for a
                                     COUNCIL DECISION
  authorising the Commission to negotiate a framework agreement with Cyprus, Malta
          and Turkey concerning their participation in Community programmes
The Commission is authorised to negotiate with Cyprus, Malta and Turkey, in accordance
with the attached negotiating directives, three bilateral framework agreements laying down
the general principles for their participation in Community programmes.
The Commission shall conduct the negotiations on behalf of the Community in consultation
with a special committee appointed by the Council to assist it in this task, in accordance with
Article 300(1) of the Treaty of the European Community.
                                                 11
 ---pagebreak---                                               ANNEX
                                 NEGOTIATING DIRECTIVES
1.        General
   The negotiations are for a framework agreement between the Community and,
   respectively, Cyprus, Malta and Turkey laying down the general principles for their
   participation in the Community programmes for which these countries apply.
   Following the entry into force of each framework agreement and an application for
   participation in a Community programme by one of these three countries, specific
   participating conditions will subsequently be laid down in either Financing Memoranda (in
   case of support by the relevant Community pre-accession funds) or ordinary Memoranda
   of Understanding between the Commission and the Government of the candidate country
   concerned.
2.        Extent of participation
   Cyprus, Malta and Turkey must be able to participate in all Community programmes
   which are opened to the ten candidate countries of Central and Eastern Europe
   (CEECs) 2, the 13 candidates countries being treated on an equal footing as far as this kind
   of participation is concerned.
   Conditions for submission, assessment and selection of applications from Cyprus, Malta
   and Turkey will be, as far as possible, subject (as for the CEECs) to the same conditions,
   rules and procedures pertaining to the programmes concerned as are applied to Member
   States of the European Union.
3.        Financial provisions
   Cyprus, Malta and Turkey will pay each year a contribution to the programmes. This
   contribution will be established in the Financing Memoranda or Memoranda of
   Understanding mentioned above and will not be reimbursed to these candidate countries if,
   at the end of the year, the results fall short of the contribution paid.
4.        Involvement in the Community decision-shaping
   Representatives from Cyprus, Malta and Turkey will be invited to attend meetings of the
   Programme Committees as observers, for the points which concern them.
5.        Duration
   These three framework agreements will apply for an unspecified period, subject to a
   classical clause of denunciation. Specific duration of participation in programmes will be
   determined in the above-mentioned Memoranda.
2
        Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and
        Slovenia.
                                                  12