CELEX: 52014PC0200
Language: en
Date: 2014-03-31
Title: Proposal for a COUNCIL DECISION on the signing and provisional application, on behalf of the Union, of a Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, on a Framework Agreement between the European Union and the Republic of Lebanon on the general principles for the participation of the Republic of Lebanon in Union programmes

|
			
		
		
		52014PC0200
		
			Proposal for a COUNCIL DECISION on the signing and provisional application, on behalf of the Union, of a Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, on a Framework Agreement between the European Union and the Republic of Lebanon on the general principles for the participation of the Republic of Lebanon in Union programmes /* COM/2014/0200 final - 2014/0109 (NLE) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
As part of the European Neighbourhood
Policy (ENP), the gradual opening up of certain European Union programmes and
agencies to ENP partner countries is one of many measures to promote reform,
modernisation and transition in the European Union’s neighbourhood. The
Commission has expanded on this in its 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 in its conclusions
of 5 March 2007[2].
Further to this Communication and the
subsequent 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 programmes[3].

The June 2007 European Council[4] reaffirmed the
paramount importance of the ENP and endorsed a Presidency Progress Report[5] that had been submitted
to the Council meeting on 18/19 June 2007 as well as the related Council conclusions[6]. 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 emphasised the EU’s intention to facilitate partner
countries’ participation in EU programmes.
To date,
Protocols have been signed with Armenia[8],
 Georgia[9],
 Israel[10],
 Jordan[11],
Moldova[12]
Morocco[13]
and Ukraine[14].
In December
2013, Lebanon expressed its interest in participating in the broad range of
programmes open to partner countries of the ENP. The text of the Protocol
negotiated with the Republic of Lebanon is attached.
The Commission herewith submits a proposal
for a Council Decision on the signing of the Protocol. This Protocol contains a
Framework Agreement on the general principles for the participation of the Republic of   Lebanon in European Union programmes. It contains the standard stipulations
that should be applied to all ENP partner countries with whom such protocols
are to be concluded. The negotiated text also stipulates that the parties shall
provisionally apply the provisions of this Protocol from the date of its
signature.
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.
2014/0109 (NLE)
Proposal for a
COUNCIL DECISION
on the signing and provisional
application, on behalf of the Union, of a Protocol to the Euro-Mediterranean
Agreement establishing an Association between the European Community and its
Member States, of the one part, and the Republic of Lebanon, of the other part,
on a Framework Agreement between the European Union and the Republic of Lebanon
on the general principles for the participation of the Republic of Lebanon 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) and Article 218(7) thereof,
Having regard to the proposal from the
European Commission,
Whereas:
(1)       On 18 June 2007 the
Council authorised the Commission to negotiate a Protocol to the
Euro-Mediterranean Agreement establishing an Association between the European
Community and its Member States, of the one part, and the Republic of Lebanon,
of the other part[15],
on a Framework Agreement between the European Union and the Republic of
Lebanon on the general principles for the participation of the Republic of Lebanon in Union programmes ("the
Protocol").
(2)       The negotiations have been
concluded.
(3)       The objective of the
Protocol is to lay down the financial and technical rules enabling the Republic of   Lebanon to participate in certain EU programmes. The horizontal framework
established by the Protocol sets out principles for economic, financial and
technical cooperation and allows the Republic of Lebanon to receive assistance,
in particular financial assistance, from the European Union pursuant to the
programmes. This framework applies only to those programmes for which the
relevant constitutive legal acts provide for the possibility of the
participation of the Republic of Lebanon. The signing and provisional
application of the Protocol does not therefore entail the exercise of powers
under the various sectoral policies, which are exercised when establishing the
programmes.  
(4)       The Protocol should be
signed on behalf of the European Union and it should be applied on a
provisional basis pending the completion of the procedures for its conclusion,
HAS ADOPTED THIS DECISION:
Article 1
The signing of
the Protocol to the Euro-Mediterranean Agreement establishing an Association
between the European Community and its Member States, of the one part, and the
Republic of Lebanon, of the other part, on a Framework Agreement between the
European Union and the Republic of Lebanon on the general principles for
the participation of the Republic of Lebanon in Union programmes (hereinafter referred to as “the Protocol”) is
hereby approved on behalf of the Union, subject to the conclusion of the said
Protocol.
The text of the
Protocol is attached to this Decision.
Article 2
The Council Secretariat General shall
establish the instrument of full powers to sign the Protocol, subject to its
conclusion, for the person(s) indicated by the negotiator of the Protocol.
Article 3
The Protocol shall be applied on a
provisional basis, in accordance with Article 10(2), as from the date of its
signature, pending the procedures necessary for its conclusion.
The date of signature of the Protocol will
be published in the Official Journal of the European Union.
Article 4
The Commission is authorised to determine,
on behalf of the Union, the specific terms and conditions applicable to the
participation of Lebanon in any given programme, including the financial
contribution payable. The Commission shall keep the relevant working party of
the Council informed.
Article
5
This Decision shall enter into force on the
day of its adoption.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               COM(2006) 724 final of 4 December 2006.
[2]               GAERC conclusions of 5 March 2007.
[3]               Council Decision (restricted) authorising the
Commission to negotiate Protocols […], Doc 10412/07;
[4]               Presidency Conclusions — Brussels, 21/22 June 2007,
Doc 11177/07.
[5]               Presidency Progress Report on ‘Strengthening the
European Neighbourhood Policy’, Doc 10874/07.
[6]               Conclusions on Strengthening the European
Neighbourhood Policy, adopted by the Council (General Affairs and External
Relations) on 18 June 2007, Doc 11016/07.
[7]               COM(2011) 303 final of 25 May 2011.
[8]               [to complete with OJ reference once published].
[9]               [to complete with OJ reference once published].
[10]             OJEU L129/39 of 17.5.2008.
[11]             [to complete with OJ reference once published].
[12]             OJEU L14/5 of 19.1.2011, OJEU L131/1 of 18.5.2011,
entry into force on 01.5.2011.
[13]             OJEU L273/1 of 19.10.2010, OJEU L90/1 of 28.3.2012,
entry into force on 01.10.2012.
[14]             OJEU L18/1-5 of 21.1.2011, OJEU L133/1 of 20.5.2011,
entry into force on 01.11.2011.
[15]             
ANNEX 
PROTOCOL
on a Framework Agreement between the European Union and the Republic of Lebanon on the general principles for the participation of the Republic of Lebanon in Union programmes

THE EUROPEAN UNION, hereinafter referred to as “the Union”,
of the one
part,
and
THE REPUBLIC OF LEBANON, hereinafter referred to as “Lebanon”
of the other
part,
hereinafter
jointly referred to as “the Parties”,
Whereas:
(1)          The Euro-Mediterranean
Agreement establishing an Association between the European Community and its
Member States, of the one part, and the Republic of Lebanon, of the other part,
hereinafter referred to as “the Euro-Mediterranean Agreement”[1], was signed in Brussels
on 1 April 2002 and entered into force on 1 April 2006;

(2)          The 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.
(3)          The Council has, on
numerous other occasions, endorsed that policy in its conclusions.
(4)          The Council, on 5 March
2007, expressed support for the general approach outlined in the European
Commission’s Communication of 4 December 2006 to enable ENP partner countries
to participate in Community agencies and Community programmes on their merits
and where the legal bases so allow.
(5)          Lebanon has expressed its
wish to participate in a number of Union programmes.
(6)          The specific terms and
conditions regarding the participation of Lebanon in each particular Union
programme, in particular, the financial contribution to be paid by Lebanon as
well as reporting and evaluation procedures, should be determined by agreement
between the European Commission and the competent authorities of Lebanon,
HAVE AGREED AS FOLLOWS:
Article 1
Lebanon shall
be allowed to participate in all current and future Union programmes which are
open to the participation of Lebanon under the relevant provisions adopting those programmes.
Article 2
Lebanon shall
make financial contributions to the general budget of the European Union
corresponding to the specific programmes in which Lebanon participates.
Article 3
Lebanon’s representatives shall
be allowed to take part, as observers and for the points which concern Lebanon, in the management committees
responsible for monitoring the Union programmes to which Lebanon makes financial contributions.
Article 4
Projects and initiatives submitted by participants from Lebanon 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
1. The specific
terms and conditions regarding the participation of Lebanon in each particular Union programme,
in particular the financial contribution to be paid by Lebanon as well as reporting and evaluation procedures, shall be determined by agreement between the
European Commission and the competent authorities of Lebanon on the basis of the criteria established
by the programmes concerned.
2. In the event
that Lebanon applies for
external assistance of the Union to participate in a given Union programme on
the basis of Article 3 of Regulation (EU) No 232/2014 of the European
Parliament and of the Council of 11 March 2014 establishing a European
Neighbourhood Instrument or pursuant to any similar Regulation providing for
external assistance of the Union to Lebanon that may be adopted in the future, the conditions governing the use
by Lebanon of external
assistance of the Union shall be determined in a financing agreement.
Article 6
1. Each agreement concluded
pursuant to Article 5 shall stipulate, in accordance with Regulation (EU,
Euratom) No 966/2012 of the European Parliament and of the Council[2], that financial control
or audits or other verifications, including administrative investigations shall
be carried out by, or under the authority of, the European Commission, the
European Anti-Fraud Office and the Court of Auditors.
2. Detailed provisions shall be made on financial control and
auditing, administrative measures, penalties and recovery granting the European
Commission, the European Anti-Fraud Office, and the Court of Auditors powers
equivalent to their powers with regard to beneficiaries or contractors
established in the Union.
Article 7
1. This
Protocol shall apply for the period for which the the Euro-Mediterranean
Agreement is in force.
2. This
Protocol shall be signed and approved by the Parties in accordance with their
respective procedures.
3. Either Party
may renounce this Protocol by written notification to the other Party. This
Protocol shall terminate six months after the date of such notification. The
termination of the Protocol due to renunciation by any of the Parties shall not
affect the checks and controls to be carried out, where appropriate, in
accordance with Articles 5 and 6.
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 Lebanon 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 that Treaty, and, on the other
hand, to the territory of Lebanon.
Article 10
1. 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.
2.
Pending its entry into force, the Parties agree to provisionally apply this
Protocol from the date of its signature, pending its conclusion at a later
date.
Article 11
This Protocol shall form an integral part
of the Agreement.
Article 12
This Protocol shall be drawn up in
duplicate in the Arab, Bulgarian, Croatian, Czech, Danish, Dutch, English,
Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian,
Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish,
Swedish languages, each text being equally authentic. 
Done at Brussels, 

For the European Union         
For the Republic of   Lebanon
[1]               Euro-Mediterranean Agreement establishing an
Association between the European Community and its Member States, of the one
part, and the Republic of Lebanon, of the other part. (OJEU L 143, 30.05.2006
p.2)
[2]  Regulation (EU, Euratom) No 966/2012 of the European Parliament
and of the Council of 25 October 2012 on the financial rules applicable to the
general budget of the Union and repealing Council Regulation (EC, Euratom) No
1605/2002 (OJEU L 298, 26.10.2012, p. 1.).