Legal provisions of COM(2000)242 - Conclusion of an agreement with Cyprus establishing co-operation in the field of Small and Medium-sized Enterprises within the framework of the Third Multiannual Programme for Small and Medium-Sized Enterprises (SMEs) in the EU (1997 to 2000)

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52000PC0242

Proposal for a Council Decision concerning the conclusion of an agreement between the Community and Cyprus establishing co-operation in the field of Small and Medium-sized Enterprises within the framework of the Third Multiannual Programme for Small and Medium-Sized Enterprises (SMEs) in the European Union (1997 to 2000) /* COM/2000/0242 final - CNS 2000/0099 */

Official Journal C 274 E , 26/09/2000 P. 0109 - 0112


Proposal for a COUNCIL DECISION concerning the conclusion of an agreement between the Community and Cyprus establishing co-operation in the field of Small and Medium-sized Enterprises within the framework of the Third Multiannual Programme for Small and Medium-Sized Enterprises (SMEs) in the European Union (1997 to 2000)


(presented by the Commission)


EXPLANATORY MEMORANDUM

1. The attached Proposal for a Council Decision represents the legal instrument for the conclusion of an Agreement establishing co-operation between the Republic of Cyprus and the European Community within the framework of the Third Multiannual Programme for Small and Medium-Sized Enterprises (SMEs) in the European Union (1997 to 2000).

2. Article 7(2) of Council Decision 97/15/EC of 9 December 1996 establishing the Third Multiannual Programme for Small and Medium-Sized Enterprises (SMEs) in the European Union (1997 to 2000) provides that this programme shall be open to the participation of the Republic of Cyprus and Malta .

Moreover, as stated in the resolution of the EC/Cyprus Association Council of 12 June 1995, the participation of Cyprus in Community programmes is one of the elements of the pre-accession strategy to be implemented for that country in accordance with the conclusions of the General Affairs Council of 6 March 1995 and the conclusions of the European Council in Luxembourg of 12-13 December 1997. The latter were confirmed by the European Council of Helsinki in December 1999, as far as the pre-accession strategy is concerned.

The services of the Commission conducted negotiations with Cyprus on the basis of the Council Decision of 9 December 1996.

3. In accordance with the Council Decision, the Agreement, initialled on 8 February 2000, contains the following elements:

- The Republic of Cyprus will participate in the measures: C. 'Help SMEs to Europeanise and internationalise their strategies in particular through better information services' and E. 'Promote entrepreneurship and support special target groups', in principle in the same way as the Member States of the Community (Art. 1);

- The terms and conditions for the submission, evaluation and selection of applications and proposals of pilot projects, programmes and any other measures shall be the same as these applicable to organisations and individuals of the Community (Art. 3);

- Cyprus shall provide, where necessary, the appropriate structures and mechanisms at national level required for its participation (Art. 4);

- Cyprus shall make an annual financial contribution corresponding to the cost of its participation in the Programme (Annex-Financial conditions);

- Responsibility for the implementation of the Programme will be vested in a Joint Committee (Art. 6); Cyprus will also be invited to attend co-ordination meetings prior to the formal sessions of the Programme committee (Art. 7):

- The Agreement will be concluded for the duration of the programme (Art. 12).

4. The Agreement designed to establish close co-operation with Cyprus in the field of Small and Medium-Sized Entreprises (SMEs), is in the interest of the Community.

It also represents an essential stage in Cyprus' preparation for accession.

The conclusion of the Agreement is, therefore, of considerable political importance.

Ideally, it should enter into effect in the second quarter of 2000 so as to enable the Republic of Cyprus to take part in the actions, including the calls for proposals foreseen for the rest of the year.

5. In view of the foregoing, the Commission invites the Council to adopt the Proposal for a Decision attached and to notify the Cypriot authorities that the procedures necessary for the entry into force of the Agreement have been completed on behalf of the European Community.


2000/0099 (CNS)

Proposal for a COUNCIL DECISION concerning the conclusion of an agreement between the Community and Cyprus establishing co-operation in the field of Small and Medium-sized Enterprises within the framework of the Third Multiannual Programme for Small and Medium-Sized Enterprises (SMEs) in the European Union (1997 to 2000)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 157(3), 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 ,

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

Whereas:

(1) The Resolution of the EC/Cyprus Association Council of 12 June 1995 and the conclusions of the European Council in Luxembourg of 12-13 December 1997 established certain elements of a pre-accession strategy which include the participation of Cyprus in Community programmes, as confirmed by the conclusions of the European Council in Helsinki of 10 and 11 December 1999.

(2) Council Decision 97/15/EC of 9 December 1996, establishing the Third Multiannual Programme for Small and Medium-Sized Enterprises (SMEs) in the European Union (1997 to 2000) hereinafter called 'Programme' provides, in Article 7(2), that this programme shall be open to the participation of Cyprus.

(3) The Commission has negotiated, on behalf of the European Community, an agreement to enable Cyprus to participate in the Programme.

(4) This agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Community and the Republic of Cyprus establishing co-operation in the field of Small and Medium-Sized Enterprises within the framework of the Third Multiannual Programme for Small and Medium-sized Enterprises (SMEs) in the European Union (1997 to 2000), is hereby approved on behalf of the European Community.

The text of the Agreement is attached to this Decision.

Article 2

The Commission shall represent the Community in the Joint Committee provided for in Article 6 of the agreement.

Article 3

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 4

The President of the Council shall, on behalf of the Community, give the notification provided for in Art. 13 of the Agreement.

Article 5

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