L17/54 Official Journal of the European Communities 19.1.2002 (Acts whose publication is not obligatory) COUNCIL COUNCIL DECISION of 17 December 2001 concerning the conclusion of a Framework Agreement between the European Community and the Republic of Malta on the general principles for the participation of the Republic of Malta in Community programmes (2002/39/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 13, 61, 95, 129, 137, 149(4), 150(4), 151(5), 152(4), 153(4), 156, 157, 166, 175(1) and 308, in conjunction with the second sentence of the first subparagraph of Article 300(2), the second subparagraph of Article 300(3), and Article 300(4) thereof, Having regard to the proposal from the Commission ('), Having regard to the assent of the European Parliament (%), Whereas: 1) The Republic of Malta's decision to reactivate its applica- tion for accession to the European Union was welcomed at the European Council in Vienna in December 1998 and in February 1999 the Commission submitted an updated version of its 1993 opinion on the Republic of Malta's application for membership. 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, this participa- tion being determined case-by-case. Following the Euro- pean 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 more far-reaching one embracing most of the Community programmes. The Helsinki European Council stated that the Republic of Malta is a candidate country destined to join the Union on the basis of the same criteria applied to the other candidate countries. Building on the existing Euro- pean strategy, the Republic of Malta, like other candidate () O] C 304 E, 30.10.2001, p. 338. (3 Opinion delivered on 11.12.2001 (not yet published in the Official Journal). countries, benefits from a pre-accession strategy to prepare for accession, including the opportunity to participate in Community programmes and agencies. In accordance with the negotiating directives adopted by the Council on 5 June 2001, the Commission has nego- tiated on behalf of the Community a Framework Agree- ment with the Republic of Malta on the general princi- ples for its participation in Community programmes. With regard to some of the programmes covered by the Agreement, the Treaty provides for no powers other than those under Article 308. The specific terms and conditions regarding the partici- pation of the Republic of Malta in the Community programmes, in particular the financial contribution payable, should be determined by the Commission on behalf to the Community. For that purpose the Commis- sion should be assisted by a special committee appointed by the Council. The Republic of Malta may apply for financial assistance for participation in Community programmes under Council Regulation (EC) No 555/2000 of 13 March 2000 on the implementation of operations in the frame- work of the pre-accession strategy for the Republic of Cyprus and the Republic of Malta (%). Denmark, in accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the EC Treaty, is not participating in the part of this Council decision adopted with reference to Title IV of the EC Treaty, and Denmark is not bound by this part of this Council decision nor subject to its application. () O] L 68, 16.3.2000, p. 3.