PURPOSE: to conclude a Framework Agreement between the European Union and Kosovo establishing the general principles for the participation of Kosovo in Union programmes.

NON-LEGISLATIVE ACT: Council Decision (EU) 2017/1388 on the conclusion of the Framework Agreement between the European Union and Kosovo (laying down the general principles for the participation of Kosovo in Union programs.

CONTENT: the Council adopted a Decision on the conclusion of the Framework Agreement between the European Union and Kosovo establishing the general principles for the participation of Kosovo in Union programmes. The Agreement was signed on 25 November 2016, at the first meeting of the EU-Kosovo Stabilisation and Association Council.

Once implemented, this Framework Agreement shall enable Kosovo to participate in certain EU programmes, such as:

Fiscalis 2020; Customs 2020; Hercule III; Justice; Rights, Equality and Citizenship Programme; Europe for Citizens; Civil Protection Mechanism; Interoperability solutions for European public administrations, businesses and citizens (ISA2); COSME; Programme for Employment and Social Innovation (EaSI); Erasmus+; Creative Europe; Horizon 2020; Health for Growth Programme; Consumer Programme; LIFE; Copernicus.

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

This Agreement shall apply for an indeterminate period.

N.B : the conclusion of this Agreement does not prejudge the position of Member States on the status of Kosovo , which will be decided in accordance with their national practice and international law. None of the terms, wording or definitions used in this Agreement, constitute recognition of Kosovo by the Union as an independent State, nor does it constitute recognition by individual Member States of Kosovo in that capacity where they have not taken such a step.

ENTRY INTO FORCE: 18.7.2017.

The European Parliament adopted by 535 votes to 99, with 62 abstentions, a legislative resolution on the draft Council decision on the conclusion of a Framework Agreement between the European Union and Kosovo on the general principles for the participation of Kosovo in Union programmes.

Parliament gave its consent to the conclusion of the framework agreement.

The Committee on Foreign Affairs adopted the report by Ulrike LUNACEK (Greens/EFA, AT) on the draft Council decision on the conclusion of a Framework Agreement between the European Union and Kosovo on the general principles for the participation of Kosovo in Union programmes.

The committee recommended the European Parliament to give its consent to the conclusion of the Framework Agreement.

The Stabilisation and Association Agreement with Kosovo entered into force on 1 April 2016.

The conclusion of the Framework Agreement will permit the gradual opening of or reinforced participation in certain Union programmes for Kosovo and strengthen the European perspective of the country and deepen the bilateral relations.

PURPOSE: to conclude the Framework Agreement between the European Union and Kosovo* on the general principles for the participation of Kosovo in Union programmes.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: in accordance with a Council Decision, the Framework Agreement between the European Union and Kosovo on the general principles for the participation of Kosovo in Union programmes was signed, subject to its conclusion at a later date.

On 14 December 2010, the Council stated that it looked forward to receiving a Commission proposal that would allow for Kosovo’s participation in Union programmes. Such participation is to be made possible by the conclusion of the Agreement.

The aim of the Agreement is that the Union carry out economic, financial and technical cooperation measures with Kosovo pursuant to Article 212 of the TFEU.

It is now necessary to conclude the Agreement on behalf of the EU.

CONTENT: under this proposal, the Council is called upon to approve, on behalf of the European Union, the Framework Agreement between the European Union and Kosovo on the general principles for the participation of Kosovo in Union programmes.

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

existing Union programmes which are listed below and their successor programmes, which are open to candidate countries and potential candidate countries benefiting from the pre-accession strategy for the Western Balkans; Union programmes established or renewed after the entry into force of the Agreement and which contain an opening clause which provides for the participation of Kosovo.

Programmes concerned : Kosovo may participate in the following programmes:

European Earth monitoring programme (GMES), Framework programme on Solidarity and the Management of Migration Flows for the period 2007-2013, Fiscalis 2013, Customs 2013, Entrepreneurship and Innovation Programme, Community Programme for Employment and Social Solidarity – PROGRESS, Programme of Community Action in the Field of Consumer Policy, GALILEO Programme, SESAR Programme and Joint Undertaking, Intelligent Energy-Europe Programme, ICT Policy Support Programme, Interoperability Solutions for European Public Administrations (ISA), LIFE+, Public Health, Lifelong Learning, Culture, Europe for Citizens, European Audiovisual Sector (MEDIA 2007), Pericles (2002-2013), Youth in Action, Research and Innovation, Knowledge for Growth.

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

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.

N.B. : the conclusion of the Agreement does not prejudge the position of Member States on the status of Kosovo, which will be decided in accordance with their national practice and international law. None of the terms, wording or definitions used in this Decision, the Agreement, including its Annex, or in the Union programmes constitute recognition of Kosovo by the Union as an independent State, nor does it constitute recognition by individual Member States of Kosovo in that capacity where they have not taken such a step.

PURPOSE: to conclude the Framework Agreement between the European Union and Kosovo* on the general principles for the participation of Kosovo in Union programmes.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: in accordance with a Council Decision, the Framework Agreement between the European Union and Kosovo on the general principles for the participation of Kosovo in Union programmes was signed, subject to its conclusion at a later date.

On 14 December 2010, the Council stated that it looked forward to receiving a Commission proposal that would allow for Kosovo’s participation in Union programmes. Such participation is to be made possible by the conclusion of the Agreement.

The aim of the Agreement is that the Union carry out economic, financial and technical cooperation measures with Kosovo pursuant to Article 212 of the TFEU.

It is now necessary to conclude the Agreement on behalf of the EU.

CONTENT: under this proposal, the Council is called upon to approve, on behalf of the European Union, the Framework Agreement between the European Union and Kosovo on the general principles for the participation of Kosovo in Union programmes.

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

existing Union programmes which are listed below and their successor programmes, which are open to candidate countries and potential candidate countries benefiting from the pre-accession strategy for the Western Balkans; Union programmes established or renewed after the entry into force of the Agreement and which contain an opening clause which provides for the participation of Kosovo.

Programmes concerned : Kosovo may participate in the following programmes:

European Earth monitoring programme (GMES), Framework programme on Solidarity and the Management of Migration Flows for the period 2007-2013, Fiscalis 2013, Customs 2013, Entrepreneurship and Innovation Programme, Community Programme for Employment and Social Solidarity – PROGRESS, Programme of Community Action in the Field of Consumer Policy, GALILEO Programme, SESAR Programme and Joint Undertaking, Intelligent Energy-Europe Programme, ICT Policy Support Programme, Interoperability Solutions for European Public Administrations (ISA), LIFE+, Public Health, Lifelong Learning, Culture, Europe for Citizens, European Audiovisual Sector (MEDIA 2007), Pericles (2002-2013), Youth in Action, Research and Innovation, Knowledge for Growth.

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

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.

N.B. : the conclusion of the Agreement does not prejudge the position of Member States on the status of Kosovo, which will be decided in accordance with their national practice and international law. None of the terms, wording or definitions used in this Decision, the Agreement, including its Annex, or in the Union programmes constitute recognition of Kosovo by the Union as an independent State, nor does it constitute recognition by individual Member States of Kosovo in that capacity where they have not taken such a step.

PURPOSE : to conclude a Framework Agreement between the European Union and Kosovo, establishing the general principles for the participation of Kosovo in Union programmes.

PROPOSED ACT : Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT : Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND : in its 2009 Communication 'Kosovo – Fulfilling its European Perspective' the European Commission recommended examining the possibility of a Framework Agreement with Kosovo on the general principles of the latter’s participation in Union programmes, and on this basis preparing negotiating directives.

The Council adopted the proposal for negotiating directives on 22 October 2012 and welcomed the Commission's on-going efforts to negotiate a Framework Agreement with Kosovo concerning its participation in Union programmes.

Kosovo confirmed its agreement with the draft Framework Agreement in writing on 16 January 2013.

It is now necessary to conclude the Agreement.

IMPACT ASSESSMENT : no impact assessment was undertaken.

LEGAL BASIS : Article 212, in conjunction with Article 218(6)(a) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT : the proposal states that Kosovo should be eligible to participate in the following Union programmes:

existing Union programmes which are listed in the Annex of the Framework Agreement and their successor 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 provisions of these programmes, once the Framework Agreement enters into force; Union programmes established or renewed after the entry into force of the Agreement and which contain an opening clause that provides for the participation of Kosovo.

The draft agreement contains provisions regarding the terms and conditions specifically applicable to the participation of Kosovo in each programme, particularly with regard to its financial contribution to the EU budget.

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

Duration of the agreement : the Agreement should apply for an indeterminate period.

BUDGETARY IMPLICATIONS : the proposal has no implications for the EU budget. Kosovo must make a financial contribution to the Union budget to the extent that it participates in the programmes listed in the Annex. In order to finance its participation, Kosovo may apply for assistance on the basis of the Instrument for Pre-Accession Assistance.