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Regulation (EU) 2023/588 CHAPTER VII — International relations

Article 39–Article 40 · 2 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Participation of third countries and international organisations in the Programme

Article 39

1.   In accordance with the conditions laid down in specific agreements concluded in accordance with Article 218 TFEU covering the participation of a third country to any Union programme, the Programme shall be open to the participation of members of EFTA which are members of EEA), as well as of the following third countries: (a) acceding countries, candidate countries and potential candidates, in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and Association Council decisions or in similar agreements, and in accordance with the specific conditions laid down in agreements between the Union and those countries; (b) European Neighbourhood Policy countries, in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and Association Council decisions or in similar agreements, and in accordance with the specific conditions laid down in agreements between the Union and those countries; (c) third countries, other than those third countries covered in points (a) and (b). 2.   The Programme shall be open to the participation of an international organisation in accordance with a specific agreement concluded in accordance with Article 218 TFEU. 3.   The specific agreement referred to in paragraphs 1 and 2 shall: (a) ensure a fair balance as regards the contributions and benefits of the third country or international organisation participating in the Union programmes; (b) lay down the conditions of participation in the programmes, including the calculation of financial contributions to individual programmes, and their administrative costs; (c) not confer on the third country or international organisation any decision-making power in respect of the Union programme; (d) guarantee the rights of the Union to ensure sound financial management and to protect its financial interests. 4.   Without prejudice to the conditions laid down in paragraphs 1, 2 and 3, and in the interests of security, the Commission may, by means of implementing acts, establish additional requirements for the participation of third countries and international organisations in the Programme, to the extent compatible with the existing agreements referred to in paragraphs 1 and 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 47(3).

Access to the governmental services by third countries and international organisations

Article 40

Third countries and international organisations may have access to the governmental services provided that they: (a) conclude an agreement, in accordance with Article 218 TFEU, laying down the terms and conditions for access to governmental services; (b) comply with Article 43(1) of Regulation (EU) 2021/696. For the purposes of this Regulation, the references to ‘the Programme’ in Article 43(1) of Regulation (EU) 2021/696 shall be construed as references to ‘the Programme’ established by this Regulation.

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