Legal provisions of COM(2000)416 - Conclusion of an Agreement with Malta adopting the terms and conditions for the participation of Malta in Community programmes in the fields of training, education and youth

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52000PC0416

Proposal for a Council Decision concerning the conclusion of an Agreement between the Community and Malta adopting the terms and conditions for the participation of Malta in Community programmes in the fields of training, education and youth /* COM/2000/0416 final - CNS 2000/0176 */

Official Journal C 337 E , 28/11/2000 P. 0172 - 0176


Proposal for a COUNCIL DECISION concerning the conclusion of an agreement between the Community and Malta adopting the terms and conditions for the participation of Malta in Community programmes in the fields of training, education and youth


(presented by the Commission)


EXPLANATORY MEMORANDUM

The Helsinki European Council of December 1999 confirmed the enlargement process launched at its meeting of December 1997 in Luxembourg. The enhanced Pre-Accession Strategy defined in 1997 has been reiterated, which includes the participation of the 13 candidate States in Community programmes as an important part of such strategy.

In the case of the training, education and youth programmes, the participation of Malta was already foreseen in the decisions establishing the first phase of the Leonardo da Vinci and Socrates programmes, and in the decision establishing the Youth for Europe programme. This participation did not take place, due to the decision of the Maltese Government formed in the wake of the October 1996 elections to put Malta's application for EU membership on ice. The Leonardo da Vinci, Socrates and Youth for Europe programmes expired on 31 December 1999.

The second phase of Leonardo da Vinci, the second phase of Socrates, and a new Youth programme, are succeeding the previous programmes. Now Malta has rejoined the pre-accession strategy (see Council Regulation (EC) No 555/2000 of 13 March 2000), and the decisions establishing these new programmes provide that the programmes shall be open to the participation of Malta.

As the participation of Malta in Community programmes is not provided in its Association Agreement, the conditions and modalities of its participation are to be defined in an agreement with the Community. The competent departments of the Commission conducted negotiations with Malta on the basis of the Directives adopted by the Council on 14 February 2000.

Malta has confirmed its willingness to participate in the second phase of Leonardo da Vinci, and the second phase of Socrates as from 2000, and in the Youth programme from 2001, and to pay its financial contribution partly from its national budget, and partly from the pre-accession funds. Due to the late availability of the pre-accession funds (Council Regulation on the implementation of operations in the framework of the pre-accession strategy for the Republic of Cyprus and the Republic of Malta having only been adopted on 13 March 2000), Malta will pay its contribution to Socrates and Leonardo da Vinci in 2000 entirely from its national budget. For the following years, it will use partly the pre-accession funds. As provided in the conclusions of the meeting of the European Council in Luxemburg of 12 and 13 December 1997, the part of its financial contribution coming from its national budget will be steadily increasing from 2001 to 2006.

The main issues addressed in the proposed Agreement, initialled on 16 June 2000, are the following :

* Projects and initiatives submitted by participants from Malta shall be subject to the same conditions, rules and procedures pertaining to these programmes as are applied to Member States, regarding in particular the submission, assessment, and selection of applications and projects, the responsibilities of the national structures in the implementation of the programmes, and the activities related to the monitoring of their participation in the programmes ;

* Malta will pay each year a contribution to the programmes, as established in the Agreement. This contribution will not be reimbursed to Malta if, at the end of the year, the results fall short of the contribution paid ;

* By analogy with the guidelines laid down by the Luxembourg European Council in respect of the other applicant countries, Malta will be invited to attend the Programme Committees as observer, for the points which concern it ;

* The Agreement will apply for the duration of the Leonardo da Vinci II and Socrates II programmes starting on 1 January 2000 and, in the case of the Youth programme, from 1 January 2001 to the end of the programme.

Because of the transnational nature of these programmes, it is in the interests of all Parties that the agreement enter into force by theAutumn, so that projects involving Malta which have already been submitted can be taken into account in the selection process.

The early adoption of the Agreement would allow Malta to participate in the second phase of the Leonardo da Vinci and Socrates programmes as of its beginning, and to be fully integrated in Community networks and other activities in the fields of vocational training, education and youth.

Accordingly, the Council is invited to adopt the annexed proposal for a Decision concerning the conclusion of the Agreement as soon as possible and to notify the Maltese authorities that the procedures necessary for the entry into force of the Agreement have been completed on behalf of the European Community.


2000/0176 (CNS)

Proposal for a COUNCIL DECISION concerning the conclusion of an agreement between the Community and Malta adopting the terms and conditions for the participation of Malta in Community programmes in the fields of training, education and youth


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 149 and 150, in conjunction with Article 300(2) and the first sub-paragraph of Article 300(3) thereof,

Having regard to the proposal from the Commission ,

OJ C ...,..., p....

Having regard to the opinion of the European Parliament ,

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Whereas:

(1) The participation of Malta in Community programmes is an important element of the pre-accession strategy for Malta as set out in the Council Regulation (EC) No 555/2000 of 13 March 2000 on the implementation of operations in the framework of the pre-accession strategy for the Republic of Cyprus and the Republic of Malta .

OJ L 68, 16.3.2000 p.3.

(2) Council Decision (1999/382/EC) of 26 April 1999 establishing the second phase of the Community vocational training action programme 'Leonardo da Vinci' , and in particular Article 10 thereof, Decision (253/2000/EC) of 24 January 2000 of the European Parliament and the Council establishing the second phase of the Community action programme in the field of education 'Socrates' , and in particular Article 12 thereof, and Decision (1031/2000/EC) of 13 April 2000 of the European Parliament and the Council establishing the 'Youth' Community action programme , and in particular Article 11 thereof, provide that these programmes shall be open to the participation of Malta.

OJ L 146, 11.6.1999, p. 33.

OJ L 28, 3.2.2000, p.1.

OJ L 117, 18.5. 2000, p.1.

(3) In conformity with the negotiating guidelines adopted by the Council on 14 February 2000, the Commission has negotiated, on behalf of the European Community, an agreement to enable Malta to participate in these programmes.

(4) This Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Community and Malta adopting the terms and conditions for the participation of Malta in Community programmes in the fields of training, education and youth is hereby approved on behalf of the European Community.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorised to appoint the person(s) empowered to sign the Agreement in order to bind the Community.

Article 3

The President of the Council shall, on behalf of the Community, give the notifications provided for in Article 4 of the Agreement.

Article 4

This Decision shall be published in the Official Journal of the European Communities.