Framework Agreement

between the European Community and the Republic of Turkey on the general principles for the participation of the Republic of Turkey in Community programmes

THE EUROPEAN COMMUNITY, hereinafter referred to as "the Community",

of the one part, and

THE REPUBLIC OF TURKEY, hereinafter referred to as "Turkey",

of the other part,

Whereas:

(1) The Resolution of the EU-Turkey Association Council of 6 March 1995 looked forward to initiatives being taken in a number of fields to broaden the scope of EU-Turkey cooperation, including possible participation in certain Community programmes.

(2) The European Council in Luxembourg in December 1997 made participation in the Community programmes a way of stepping-up the enhanced pre-accession strategy for candidate countries, such participation being determined case-by-case. At the same time, a European Strategy for Turkey was established which allowed the same possibility for that country. Following the European Council meetings in Helsinki in December 1999 and, in particular, in Nice in December 2000, the case-by-case approach in this field could be shifted to a far-reaching one embracing most of the Community programmes.

(3) The Helsinki European Council stated that Turkey is a candidate country destined to join the Union on the basis of the same criteria applied to the other candidate countries, and that, building on the existing European strategy, Turkey, like other candidate countries, will benefit from a pre-accession strategy to stimulate and support its reforms, including the opportunity to participate in Community programmes and agencies and that the Republic of Turkey will also have the opportunity to participate in Community programmes and agencies and in meetings between candidate countries and the Union in the context of the accession process.

(4) Turkey has expressed the wish to participate in a number of Community programmes.

(5) The specific terms and conditions, including financial contribution, regarding the participation of Turkey in each particular programme should be determined by agreement between the Commission of the European Communities, acting on behalf of the Community, and the competent authorities of Turkey,

HAVE AGREED AS FOLLOWS:

Article 1

Turkey shall be allowed to participate in all Community programmes opened to participation of candidate countries of Central and Eastern Europe, in accordance with the provisions adopting these programmes.

Article 2

Turkey shall contribute financially to the general budget of the European Union corresponding to the specific programmes in which Turkey participates.

Article 3

Turkey's representatives shall be allowed to take part, as observers and for the points which concern Turkey, in the management committees responsible for monitoring the programmes to which Turkey contributes financially.

Article 4

Projects and initiatives submitted by participants from Turkey shall, as far as possible, be subject to the same conditions, rules and procedures pertaining to the programmes concerned as are applied to Member States.

Article 5

The specific terms and conditions regarding the participation of Turkey in each particular programme, in particular the financial contribution payable, will be determined by agreement between the Commission, acting on behalf of the Community, and the competent authorities of Turkey.

If Turkey applies for Community external assistance on the basis of Council Regulation (EC) No 390/2001 of 26 February 2001 on assistance to Turkey in the framework of the pre-accession strategy and in particular on the establishment of an Accession Partnership(1), pursuant to Council Regulation (EC) No 1488/96 of 23 July 1996 on financial and technical measures to accompany (MEDA) the reform of economic and social structures in the framework of the Euro-Mediterranean partnership(2), or Council Regulation (EC) No 764/2000 of 10 April 2000 regarding the implementation of measures to intensify the EC-Turkey Customs Union(3), or Regulation (EC) No 257/2001 of the European Parliament and of the Council of 22 January 2001 regarding the implementation of measures to promote economic and social development in Turkey(4), or pursuant to any similar Regulation providing for Community external assistance to Turkey that may be adopted in future, the conditions governing the use by Turkey of the Community assistance shall be determined in a Financing Memorandum.

Article 6

The Agreement shall apply for an indeterminate period.

It may be denounced by either Party by giving six months' notice in writing.

Article 7

No later than three years after the date of entry into force of this Agreement, and every three years thereafter, both Contracting Parties may review the implementation of this Agreement on the basis of actual participation of Turkey in one or more Community programmes.

Article 8

This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of Turkey.

Article 9

This Agreement shall enter into force on the day on which the Contracting Parties have notified each other of the completion of their respective procedures.

Article 10

The Agreement is drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Turkish languages, each of these texts being equally authentic.

Hecho en Bruselas, el veintiséis de febrero del dos mil dos./Udfærdiget i Bruxelles den seksogtyvende februar to tusind og to./Geschehen zu Brüssel am sechsundzwanzigsten Februar zweitausendundzwei./Έγινε στις Βρυξέλλες, στις είκοσι έξι Φεβρουαρίου δύο χιλιάδες δύο./Done at Brussels on the twenty-sixth day of February in the year two thousand and two./Fait à Bruxelles, le vingt-six février deux mille deux./Fatto a Bruxelles, addì ventisei febbraio duemiladue./Gedaan te Brussel, de zesentwintigste februari tweeduizendtwee./Feito em Bruxelas, em vinte e seis de Fevereiro de dois mil e dois./Tehty Brysselissä kahdentenakymmenentenäkuudentena päivänä helmikuuta vuonna kaksituhattakaksi./Som skedde i Bryssel den tjugosjätte februari tjugohundratvå./Brüksel'de, ikibin iki yhnn Subat aynn yirmi altnc günü imzalanmstr.

Por la Comunidad Europea/For Det Europæiske Fællesskab/Für die Europäische Gemeinschaft/Για την Ευρωπαϊκή Κοινότητα/For the European Community/Pour la Communauté européenne/Per la Comunità europea/Voor de Europese Gemeenschap/Pela Comunidade Europeia/Euroopan yhteisön puolesta/För Europeiska gemenskapen

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Türkiye Cumhuriyeti adna

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(1) OJ L 58, 28.2.2001, p. 1.

(2) OJ L 189, 30.7.1996, p. 1. Regulation as last amended by Regulation (EC) No 2698/2000 (OJ L 311, 12.2.2000, p. 1).

(3) OJ L 94, 14.4.2000, p. 6.

(4) OJ L 39, 9.2.2001, p. 1.