Explanatory Memorandum to COM(2013)218 - Signing of a Framework Agreement with Kosovo( on the general principles for the participation of Kosovo in Union programmes

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1. CONTEXT OF THE PROPOSAL

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.

1.

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  i 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.