# C_2013222EN.01000801.xml

| 2.8.2013 | EN | Official Journal of the European Union | C 222/8 |
| --- | --- | --- | --- |

2.8.2013

EN

Official Journal of the European Union

C 222/8

---

COMMISSION DECISION

of 1 August 2013

on the putting into effect of the EU contribution paid on a pro-rata basis to schools accredited by the Board of Governors of the European Schools according to the number of children of EU staff enrolled, replacing Commission Decision C(2009) 7719 as amended by Commission Decision C(2010) 7993

2013/C 222/06

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 335 thereof,

Having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 (1), and in particular Article 54(2)(e) thereof,

1

Whereas:

| (1) | A network of European Schools has been established for the children of the staff members of the institutions and other bodies of the European Union. |
| --- | --- |

(1)

A network of European Schools has been established for the children of the staff members of the institutions and other bodies of the European Union.

| (2) | The European Union supports the European schooling for the children of its staff by contributing to the European Schools within the meaning of the Convention defining the Statute of the European Schools (2) and guaranteeing to the children of its staff free of charge priority enrolment in these schools. |
| --- | --- |

(2)

The European Union supports the European schooling for the children of its staff by contributing to the European Schools within the meaning of the Convention defining the Statute of the European Schools (2) and guaranteeing to the children of its staff free of charge priority enrolment in these schools.

2

| (3) | The policy regarding families of staff of the European Union and in particular Article 3 of Annex VII of the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union, granting a double education allowance in cases where no European School is within 50 km of the workplace, confirms this approach. |
| --- | --- |

(3)

The policy regarding families of staff of the European Union and in particular Article 3 of Annex VII of the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union, granting a double education allowance in cases where no European School is within 50 km of the workplace, confirms this approach.

| (4) | The Decision of the Board of Governors of the European Schools of 23 April 2009 on the reform of the European Schools system (3), opened up the system of European Schools to schools offering the European curriculum and, in some cases, the European Baccalaureate, and being accredited by a Decision of the Board of Governors confirming that they meet a number of conditions in relation to teaching requirements and quality of education. |
| --- | --- |

(4)

The Decision of the Board of Governors of the European Schools of 23 April 2009 on the reform of the European Schools system (3), opened up the system of European Schools to schools offering the European curriculum and, in some cases, the European Baccalaureate, and being accredited by a Decision of the Board of Governors confirming that they meet a number of conditions in relation to teaching requirements and quality of education.

3

| (5) | In its meeting of 18 April 2013, the Board of Governors of the European Schools repealed its Decision of 23 April 2009 and the related legal documents defining a contribution of the European Union to Accredited European Schools providing schooling for children of EU staff and replaced it by a Regulation on Accredited European Schools that no longer contains a legal basis for an EU contribution to Accredited European Schools (4). |
| --- | --- |

(5)

In its meeting of 18 April 2013, the Board of Governors of the European Schools repealed its Decision of 23 April 2009 and the related legal documents defining a contribution of the European Union to Accredited European Schools providing schooling for children of EU staff and replaced it by a Regulation on Accredited European Schools that no longer contains a legal basis for an EU contribution to Accredited European Schools (4).

4

| (6) | The Commission Decision C(2009) 7719 of 14 October 2009 on the putting into effect of the Community contribution paid on a pro-rata basis to schools accredited by the Board of Governors of the European Schools according to the number of children of Community staff enrolled, amended by Commission Decision C(2010) 7993 of 8 December 2010, which details the method foreseen in Part III.1 of the Decision of the Board of Governors of 23 April 2009, therefore needs to be replaced. |
| --- | --- |

(6)

The Commission Decision C(2009) 7719 of 14 October 2009 on the putting into effect of the Community contribution paid on a pro-rata basis to schools accredited by the Board of Governors of the European Schools according to the number of children of Community staff enrolled, amended by Commission Decision C(2010) 7993 of 8 December 2010, which details the method foreseen in Part III.1 of the Decision of the Board of Governors of 23 April 2009, therefore needs to be replaced.

| (7) | The method to establish the EU contribution which foresees annual adaptations needs to be reformed, since it is too cumbersome, one of the parameters to be taken into account can no longer be determined on the basis of real data, the parameters provided for are outside the control of the EU and unrelated to the EU contributions for EU staff pupils attending other educational establishments. |
| --- | --- |

(7)

The method to establish the EU contribution which foresees annual adaptations needs to be reformed, since it is too cumbersome, one of the parameters to be taken into account can no longer be determined on the basis of real data, the parameters provided for are outside the control of the EU and unrelated to the EU contributions for EU staff pupils attending other educational establishments.

| (8) | The conditions of payment of the EU contribution need to be reformed, so as to ensure that the EU contribution is established in accordance with the principles of family welfare and economy, and to clarify the method of distribution in cases where the entry by the budgetary authority of the European Union of funds in the budget of the Union institutions is insufficient to pay the full EU contribution, |
| --- | --- |

(8)

The conditions of payment of the EU contribution need to be reformed, so as to ensure that the EU contribution is established in accordance with the principles of family welfare and economy, and to clarify the method of distribution in cases where the entry by the budgetary authority of the European Union of funds in the budget of the Union institutions is insufficient to pay the full EU contribution,

| (9) | The source of the EU contribution needs to be shifted to the European institutions or other bodies, which have to decide within their administrative autonomy, whether they wish or not to ensure free of charge priority access to European schooling for the children of their staff in return for carrying the cost of the related EU contribution paid by the European Commission, |
| --- | --- |

(9)

The source of the EU contribution needs to be shifted to the European institutions or other bodies, which have to decide within their administrative autonomy, whether they wish or not to ensure free of charge priority access to European schooling for the children of their staff in return for carrying the cost of the related EU contribution paid by the European Commission,

HAS ADOPTED THIS DECISION:

Sole Article

Commission Decision C(2009) 7719, amended by Commission Decision C(2010) 7993, is repealed and replaced as follows:

‘Article 1

Scope

1.   This Decision is applicable to contributions paid by the European Commission (hereinafter “the Commission”) to Type II European Schools within the meaning of Article 2(8) of the present Decision or to the national public or private bodies in charge of these schools,

| (a) | on its own behalf for the children of the Commission's EU staff who are enrolled in the Type II European Schools concerned, or |
| --- | --- |

(a)

on its own behalf for the children of the Commission's EU staff who are enrolled in the Type II European Schools concerned, or

| (b) | in the name and on behalf of other European institutions and other bodies, for the children of their EU staff who are enrolled in the Type II European Schools concerned, if the bodies in the name and on behalf of which the Commission paid the contributions committed themselves to reimburse the Commission based on a Mandate and Service Agreement within the meaning of Article 2(12) of the present Decision. |
| --- | --- |

(b)

in the name and on behalf of other European institutions and other bodies, for the children of their EU staff who are enrolled in the Type II European Schools concerned, if the bodies in the name and on behalf of which the Commission paid the contributions committed themselves to reimburse the Commission based on a Mandate and Service Agreement within the meaning of Article 2(12) of the present Decision.

2.   This Decision applies to any dispute concerning the eligibility of children of individuals employed by the Commission as EU staff pupils within the meaning of Article 2(3).

3.   This Decision does not apply, in particular, to matters related to the accreditation of a Type II European School, to the eligibility as of children of staff members of other European institutions and other bodies as EU staff pupils within the meaning of Article 2(3) of the present Decision, nor to any other matter related to a direct interaction between other European institutions and bodies and a Type II European School or national public or private body in charge of it.

Article 2

Definitions

1.   An “Accredited European School” is a school in a Member State of the European Union which has obtained accreditation for European Schooling by the Board of Governors of the European Schools.

2.   The “accreditation period” and “accredited level” are the period and level for which the accreditation for European schooling from the Board of Governors is valid.

3.   “EU staff pupils” are children, including orphans, of:

| (a) | Members or former Members of the institutions of the European Union, |
| --- | --- |

(a)

Members or former Members of the institutions of the European Union,

| (b) | staff members in active service or pensioners of the institutions and other bodies of the European Union who are eligible to receive an education allowance under Article 3(1) of Annex VII to the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union (5) (hereinafter “Staff Regulations”). |
| --- | --- |

(b)

staff members in active service or pensioners of the institutions and other bodies of the European Union who are eligible to receive an education allowance under Article 3(1) of Annex VII to the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union (5) (hereinafter “Staff Regulations”).

4.   The “annual single education allowance” is the amount equivalent to twelve (12) times the maximum monthly education allowances pursuant to Article 3(1) of Annex VII to the Staff Regulations as applicable at the beginning of the school year concerned.

5.   A “school year” is the ten months period between 1 September of the year N and 30 June of the year N + 1, which serves as a basis for the calculation of the EU contribution.

6.   A “month of enrolment” is any calendar month during the school year, during which the EU staff pupil concerned was enrolled in the Type II European School.

7.   “Type I European Schools” are schools within the meaning of the Convention defining the Statute of the European Schools (6).

8.   “Type II European Schools” are Accredited European Schools in which EU staff pupils are granted free of charge priority enrolment.

9.   The “beneficiary” is the Type II European School or the national public or private body in charge of it which receives an EU contribution in return for granting EU staff pupils free of charge priority enrolment in the Type II European School.

10.   The “EU contribution” is the contribution the Commission pays to a beneficiary per EU staff pupil enrolled in accredited levels in the school during the accreditation period and proportionate to the duration of his/her actual enrolment, either on its own behalf or, based on a Mandate and Service Agreement, in the name and on behalf of another European institution or other body.

11.   An “EU Contribution Agreement” is an agreement concluded by the Commission with the beneficiary on the Commission's own behalf and/or, based on a valid Mandate and Service Agreement, in the name and on behalf of another European institution or other body regarding the calculation and the conditions of payment and possibly recovery of an EU contribution.

12.   A “Mandate and Service Agreement” (hereinafter ‘MSA’) is an agreement between the Commission and another European institution or other body, in which the latter mandate the Commission to conclude and implement, in their name and on their behalf, EU Contribution Agreements with beneficiaries which grant their EU staff pupils free of charge priority enrolment, and commit themselves to carry the cost thereby incurred by the Commission.

Article 3

Conditions for payment

1.   For the accreditation period and the accredited levels, the Commission shall pay, on its own behalf or in the name and on behalf of another European institution or other body, an EU contribution per EU staff pupil enrolled in a given Type II European school to the beneficiary concerned, calculated on a monthly basis in accordance with Articles 5 and 6 of the present Decision, if the conditions pursuant to paragraphs 2 and 3 of the present Article are fulfilled.

2.   If the Commission acts in the name and on behalf of another European institution or other body, prior to the conclusion of an EU Contribution Agreement the following conditions have to be met:

| (a) | the Commission has concluded an MSA valid for the budgetary years in which the EU contribution concerned is to be committed, based on the model agreement attached as Annex I to the present Decision; |
| --- | --- |

(a)

the Commission has concluded an MSA valid for the budgetary years in which the EU contribution concerned is to be committed, based on the model agreement attached as Annex I to the present Decision;

| (b) | the Commission has submitted a copy of the signed MSA to the beneficiary. |
| --- | --- |

(b)

the Commission has submitted a copy of the signed MSA to the beneficiary.

3.   Independent of whether the Commission acts on its own behalf or in the name and on behalf of another European institution or other body, the following conditions have to be met:

| (a) | The beneficiary has concluded an EU Contribution Agreement with the European Union represented by the Commission, based on the model agreement attached as Annex II to the present Decision; |
| --- | --- |

(a)

The beneficiary has concluded an EU Contribution Agreement with the European Union represented by the Commission, based on the model agreement attached as Annex II to the present Decision;

| (b) | The beneficiary exempts EU staff pupils covered by the EU Contribution Agreement enrolled in accredited levels from school fees and grants them priority with respect to enrolment in the Type II European School concerned; |
| --- | --- |

(b)

The beneficiary exempts EU staff pupils covered by the EU Contribution Agreement enrolled in accredited levels from school fees and grants them priority with respect to enrolment in the Type II European School concerned;

| (c) | The beneficiary ensures the transmission to the Commission of the figures and data necessary for the verification, calculation and payment of the EU contribution within the deadlines provided for in Article 9 of the present Decision; |
| --- | --- |

(c)

The beneficiary ensures the transmission to the Commission of the figures and data necessary for the verification, calculation and payment of the EU contribution within the deadlines provided for in Article 9 of the present Decision;

| (d) | The beneficiary ensures the collection and preservation of the documents and data necessary for the verification of the figures and data referred to in subparagraph (c) of the present paragraph. |
| --- | --- |

(d)

The beneficiary ensures the collection and preservation of the documents and data necessary for the verification of the figures and data referred to in subparagraph (c) of the present paragraph.

Article 4

Conversion of a Type I European School into a Type II European School

Where a Type I European School changes its status to that of a Type II European School the Commission may determine a higher EU contribution for the Type II European School during a transition period, taking into account the costs associated with the transition and with the need to ensure continuity of education of EU staff pupils. The amount thus determined shall not exceed the amount of the EU contribution made to the Type I European School before the transition and shall be decreasing throughout the transition period.

Article 5

Calculation of the EU contribution per EU staff pupil

The EU contribution per EU staff pupil is calculated as follows:

| (a) | For EU staff pupils enrolled in accredited Nursery and Primary school levels: |
| --- | --- |

(a)

For EU staff pupils enrolled in accredited Nursery and Primary school levels:

| (b) | For EU staff pupils enrolled in accredited Secondary school levels: |
| --- | --- |

(b)

For EU staff pupils enrolled in accredited Secondary school levels:

Article 6

Conditionality of the EU contribution

1.   Whenever the entry by the budgetary authority of the European Union of funds in the budget of the Commission or the European institutions or other bodies is insufficient to cover the EU contribution as determined in accordance with Article 5 of the present Decision, the EU contribution of the Commission, the European institutions and other bodies concerned by the insufficient entry of funds can be reduced pro-rata. In that case, the Commission shall:

| (a) | inform the beneficiaries concerned of the situation and offer them the reduced EU per pupil contribution for the school year N/N + 1 before 15 February of the year N (date of sending); |
| --- | --- |

(a)

inform the beneficiaries concerned of the situation and offer them the reduced EU per pupil contribution for the school year N/N + 1 before 15 February of the year N (date of sending);

| (b) | terminate or not renew the on-going EU Contribution Agreement, if a beneficiary does not accepted the offer by 30 April of the year N (date of sending). |
| --- | --- |

(b)

terminate or not renew the on-going EU Contribution Agreement, if a beneficiary does not accepted the offer by 30 April of the year N (date of sending).

2.   If, on 1 January of a given year, the budget of the European Union or body concerned has not been adopted and the monthly appropriations available to the Commission or body are consequently limited to one twelfth of the appropriations available in the budget for the previous financial year pursuant to article 16 of the Regulation (EU, Euratom) No 966/2012, the payment shall be paid monthly on the basis of the annual amount paid in the previous year.

3.   Interest on deferred payment shall be due as of right in accordance with Article 83 of the Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (7).

Article 7

Empowerment

1.   The Director-General of DG HR shall be empowered to conclude, in the name and on behalf of the Commission, an MSA with the European institutions and other bodies in the name and on behalf of which the Commission intends to conclude an EU Contribution Agreement based on the model agreement attached as Annex I to the present Decision.

2.   The Director-General of DG HR shall be empowered to conclude, in the name and on behalf of the Commission and of the other European institutions and bodies, with which a valid MSA for the budgetary years concerned exists, an EU Contribution Agreement with the beneficiary based on the model agreement attached as Annex II to the present Decision.

3.   The Director-General of DG HR shall be empowered to conclude, in the name and on behalf of the Commission and of the other European institutions and bodies, with which a specific MSA has been concluded for this purpose, a specific EU Contribution Agreement in the case referred to in Article 4 of the present Decision.

Article 8

Payment and recovery procedure

1.   The Commission, on its own behalf or in the name and on behalf of the other European institutions or other bodies falling within the scope of the EU Contribution Agreement, shall pay the EU contribution to the beneficiary, onto the bank account referred to in the EU Contribution Agreement.

2.   A pre-financing payment of the EU contribution for the school year N/N + 1 shall be made by 31 December of the budgetary year N based on the data and indicative figures provided pursuant to Article 9(1) of the present Decision at the beginning of this school year together with the final payment of the EU contribution for the school year N – 1/N.

3.   The final payment for the school year N – 1/N shall be based on the final data and figures provided pursuant to Article 9(2) of the present Decision and reduced by the pre-financing paid for the same school year.

4.   The final payment for the school year N – 1/N shall be offset with the pre-financing payment for the school year N/N + 1.

5.   The applicable payment and recovery procedures are provided for in the Financial rules applicable to the general budget of the Union (8) and in the draft EU Contribution Agreement in Annex II to the present Decision.

Article 9

Provision of data necessary for the calculation of the EU contribution

1.   In accordance with the applicable data protection legislation, the beneficiary ensures the collection and provision to the Commission or the other EU institutions and other bodies falling within the scope of the EU Contribution Agreement of the following data concerning the school year N/N + 1 before 16 September of the year N:

| (a) | the full name(s) of the EU staff parent(s) of the EU staff pupil(s) enrolled; |
| --- | --- |

(a)

the full name(s) of the EU staff parent(s) of the EU staff pupil(s) enrolled;

| (b) | the denomination of the EU institution or other body from which the EU staff parent(s) or the EU staff pupil(s) derive their status; |
| --- | --- |

(b)

the denomination of the EU institution or other body from which the EU staff parent(s) or the EU staff pupil(s) derive their status;

| (c) | the full name(s) of the EU staff pupil(s) enrolled; |
| --- | --- |

(c)

the full name(s) of the EU staff pupil(s) enrolled;

| (d) | the accredited level of Nursery, Primary or Secondary, in which each EU staff pupil is enrolled; |
| --- | --- |

(d)

the accredited level of Nursery, Primary or Secondary, in which each EU staff pupil is enrolled;

| (e) | the forecast number of months of enrolment of each eligible EU staff pupil enrolled in accredited Nursery, Primary or Secondary school levels. |
| --- | --- |

(e)

the forecast number of months of enrolment of each eligible EU staff pupil enrolled in accredited Nursery, Primary or Secondary school levels.

2.   In accordance with the applicable data protection legislation, the beneficiary ensures the collection and provision to the Commission or the other EU institutions and other bodies falling within the scope of the EU Contribution Agreement of the following data concerning the school year N/N + 1 before 16 July of the year N + 1:

| (a) | the full name(s) of the EU staff parent(s) of the EU staff pupil(s) enrolled; |
| --- | --- |

(a)

the full name(s) of the EU staff parent(s) of the EU staff pupil(s) enrolled;

| (b) | the denomination of the EU institution or other body from which the EU staff parent(s) or the EU staff pupil(s) derive their status; |
| --- | --- |

(b)

the denomination of the EU institution or other body from which the EU staff parent(s) or the EU staff pupil(s) derive their status;

| (c) | the full name(s) of the EU staff pupil(s) enrolled; |
| --- | --- |

(c)

the full name(s) of the EU staff pupil(s) enrolled;

| (d) | the accredited level of Nursery, Primary or Secondary, in which each EU staff pupil is enrolled; |
| --- | --- |

(d)

the accredited level of Nursery, Primary or Secondary, in which each EU staff pupil is enrolled;

| (e) | the actual number of months of enrolment of each eligible EU staff pupil enrolled in accredited Nursery, Primary or Secondary school levels. |
| --- | --- |

(e)

the actual number of months of enrolment of each eligible EU staff pupil enrolled in accredited Nursery, Primary or Secondary school levels.

Article 10

Collection, preservation and verification of data

In accordance with the applicable data protection legislation, the beneficiary ensures that for a period of five (5) years after the end of the school year N/N + 1, all relevant data are collected, preserved and made available in case of a verification by the Commission or by another European institution in charge of the verification of the figures and data transmitted in accordance with Article 9 of the present Decision. These include the original accounting documents and certified copies of all documents relevant to the payment, and, in particular, proof for the data transmitted pursuant to Article 9 of the present Decision.

Article 11

Applicable law and competent courts

1.   The EU contribution is governed by the terms of the present Commission Decision, the EU Contribution Agreement, the law of the European Union, and, on a subsidiary basis, by the law of the Member State in which the beneficiary is based.

2.   The beneficiary may bring legal proceedings regarding decisions by the Commission concerning the application of the provisions of the EU Contribution Agreement before the General Court and, in the event of an appeal, the Court of Justice.

Article 12

Entry into force and publication

1.   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union for all EU Contribution Agreements concluded after that date.

2.   EU Contribution Agreements concluded before the adoption of the present Decision shall remain effective until the next date of expiry fixed pursuant to the respective Agreement, unless otherwise agreed by the parties to it.

3.   In the cases pursuant to paragraph 2 of the present Article, the present Decision shall apply as of the day after the date of expiry of the respective EU Contribution Agreement for the remaining school year, unless otherwise agreed by the parties to it.

Done at Brussels, 1 August 2013.

For the Commission, On behalf of the President,

Maroš ŠEFČOVIČ

Vice-President

---

(1)  OJ L 298, 26.11.2012, p. 3.

1

(2)  OJ L 212, 17.8.1994, p. 3.

2

(3)  Documents 2009-D-353-en-4 and 2009-D-681-en-1 of the Office of the Secretary-General of the European Schools.

3

(4)  Document 2013-01-D-64-en-4 of the Office of the Secretary-General of the European Schools.

4

(5)  OJ L 348, 29.12.2009, p. 10.

5

(6)  See footnote 2.

6

(7)  OJ L 362, 31.12.2012, p. 1.

7

(8)  Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012.’

8

---

ANNEX I

[MODEL]
   (1)

MANDATE AND SERVICE AGREEMENT

concerning the collaboration between [full name of the European institution or other body, whose staff’s children are to be granted free of charge priority enrolment in a Type II European School (hereinafter ‘[Acronym of the European institution or other body, hereinafter abbreviated“ACRONYM”]’)] and the European Commission

The [ACRONYM], represented for the purposes of the present Mandate and Service Agreement by its [name of the function of its legal representative], [name of the legal representative],

and

the European Commission (hereinafter ‘the Commission’), represented for the purpose of the present Mandate and Service Agreement by the Director-General of the Directorate-General for Human Resources and Security, [name of the Director-General],

Having regard to Commission Decision C(2013) [...] of [...] on the putting into effect of the EU contribution paid on a pro-rata basis to schools accredited by the Board of Governors of the European Schools according to the number of children of EU staff enrolled, replacing Commission Decision C(2009) 7719 of 14 October 2009 as amended by Commission Decision C(2010) 7993 of 8 December 2010 (hereinafter ‘the Commission Decision’), and in particular its Article 2 thereof,

[option in case of an existing Framework Administrative Arrangement between the Commission represented by DG HR with the institution or other body concerned: Having regard to the Framework Administrative Arrangement between the [ACRONYM] and the departments of the Commission of [date] (hereinafter ‘the FAA’)],

Whereas the provision of free of charge priority enrolment in European schooling for children of EU staff is the responsibility of each European institution or other body employing this staff within its administrative autonomy within the meaning of Article 54(2)(e) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (2),

Whereas the Commission will conclude an EU Contribution Agreement for the Type II European School[s] within the meaning of the Commission Decision, referred to in Article 1(2) of the present Agreement, covering all EU staff pupils of [ACRONYM] enrolled in [this/these school(s)],

HAVE AGREED AS FOLLOWS:

Article 1

Scope

1.   The collaboration between the [ACRONYM] and the Commission with respect to the implementation of the EU Contribution Agreement[s] to be concluded by the Commission in the name and on behalf of the [ACRONYM] with the Type II European School[s] (hereinafter ‘Type II ES’) and/or the national public or private body in charge of [it/them] (hereinafter ‘national bodies’) referred to in paragraph 2 of the present Article shall be governed by [option in case of an existing Framework Agreement between the Commission/DG HR and the European institution or other body concerned: the terms of the FAA and] the terms of the present Mandate and Service Agreement (hereinafter ‘MSA’) [option:, which shall be annexed to the FAA as an integral part thereof].

2.   The present MSA applies to the EU Contribution Agreement[s] to be concluded by the Commission in the name and on behalf of [ACRONYM] with the following [Type II ES and/or national body/ies] (hereinafter ‘beneficiar[y/ies]’):

| (a) | [[official name of the Type II ES] [or: [official name of the national body] for [official name of the Type II ES]] and address thereof] [.] [option: , and] |
| --- | --- |

(a)

[[official name of the Type II ES] [or: [official name of the national body] for [official name of the Type II ES]] and address thereof] [.] [option: , and]

| (b) | [[official name of the Type II ES] [or: [official name of the national body] for [official name of the Type II ES]] and address thereof] [.] [option: , and] |
| --- | --- |

(b)

[[official name of the Type II ES] [or: [official name of the national body] for [official name of the Type II ES]] and address thereof] [.] [option: , and]

| (c) | [...] |
| --- | --- |

(c)

[...]

3.   The following annexes form an integral part of the present MSA:

| (a) | Annex I: Commission Decision C(2013) [...] of [...] on the putting into effect of the EU contribution paid on a pro-rata basis to schools accredited by the Board of Governors of the European Schools according to the number of children of EU staff enrolled, replacing Commission Decision C(2009) 7719 of 14 October 2009 as amended by Commission Decision C(2010) 7993 of 8 December 2010 (hereinafter ‘Commission Decision’); |
| --- | --- |

(a)

Annex I: Commission Decision C(2013) [...] of [...] on the putting into effect of the EU contribution paid on a pro-rata basis to schools accredited by the Board of Governors of the European Schools according to the number of children of EU staff enrolled, replacing Commission Decision C(2009) 7719 of 14 October 2009 as amended by Commission Decision C(2010) 7993 of 8 December 2010 (hereinafter ‘Commission Decision’);

| (b) | Annex II: Final draft of the EU Contribution Agreement[s] with the beneficiar[y/ies] referred to in paragraph 2 of the present Article, by which children of EU staff of the [ACRONYM] signatory of the present MSA are to be granted free of charge priority enrolment (hereinafter ‘EU Contribution Agreement[s]’). |
| --- | --- |

(b)

Annex II: Final draft of the EU Contribution Agreement[s] with the beneficiar[y/ies] referred to in paragraph 2 of the present Article, by which children of EU staff of the [ACRONYM] signatory of the present MSA are to be granted free of charge priority enrolment (hereinafter ‘EU Contribution Agreement[s]’).

Article 2

Mandate

The [ACRONYM] mandates the Commission represented by the Director-General of the Directorate-General for Human Resources and Security (hereinafter ‘DG HR’) to conclude and implement in its name and on its behalf the EU Contribution Agreement[s] with the beneficiar[y/ies], enclosed as [a] final draft[s] in Annex II to the present MSA.

Article 3

Transmission of the EU Contribution Agreement

After the conclusion of the EU Contribution Agreement[s] with beneficiar[y/ies] in the name and on behalf of the [ACRONYM], the Commission transmits a signed copy of the EU Contribution Agreement[s] to [ACRONYM] within ten (10) working days following its signature.

Article 4

Designation of a central contact person

1.   By exchange of notes between the [name of the function of the legal representative] of the [ACRONYM] and the Director-General of DG HR, each of them shall designate a central contact person for all questions related to the present MSA. The designation shall be made by reference to the function occupied by the person concerned. It may be altered by unilateral notification at any time.

2.   The central contact person in the [ACRONYM] is part of its Human Resources Department.

3.   The parties to the present MSA notify each other and the beneficiar[y/ies] of the contact details of the central contact person and of any changes in this respect.

4.   The designated central contact person in DG HR organises at least one annual meeting with the [ACRONYM] to discuss and coordinate issues.

5.   Furthermore, the central contact persons communicate as needed or when one party requests it to review the implementation of the present MSA and to address management-related issues. Should it appear necessary, they will propose any required changes to the MSA, to be validated by the [function] of the [ACRONYM] and the Director-General of DG HR.

Article 5

Establishment of the budget and provision of funds

1.   For the forecast of the budget for the year N + 1, in collaboration with the [ACRONYM] and on the basis of the EU staff pupil numbers in the school year N – 1/N, the Commission estimates the EU staff pupil number corresponding to [ACRONYM] expected to be enrolled in the school year N + 1/N + 2 and calculates the corresponding EU contribution pursuant to Article 5 of the Commission Decision and Article 5 of the EU Contribution Agreement.

2.   For the year N, the [ACRONYM] shall ensure that the amount corresponding to the EU contribution for [ACRONYM]'s EU staff pupils estimated is provided for in its budget.

3.   Notwithstanding paragraph 2 of the present Article, in cases, where the budgetary authority of the European Union reduces the funds put at the disposal for Type II European Schools, the [ACRONYM] shall provide for the pro-rata reduced amount corresponding to the number of [ACRONYM]'s EU staff pupils in its budget.

Article 6

Establishment and communication of the number of months of enrolment

1.   The [ACRONYM] verifies the figures and data received from the beneficiar[y/ies] pursuant to Article 9 of the Commission Decision and calculates the number of months of enrolment of EU staff pupils of its staff in the Type II ES referred to in Article 1(2) of the present MSA pursuant to Article 2(6) of the Commission Decision.

2.   The [ACRONYM] provides the Commission and the beneficiar[y/ies] the following figures concerning the school year N/N + 1 before 16 October of the year N:

| (a) | the forecast number of months of enrolment during the school year N/N + 1 of EU staff pupils enrolled in accredited nursery and primary school levels; |
| --- | --- |

(a)

the forecast number of months of enrolment during the school year N/N + 1 of EU staff pupils enrolled in accredited nursery and primary school levels;

| (b) | the forecast number of months of enrolment during the school year N/N + 1 of EU staff pupils enrolled in accredited secondary school levels. |
| --- | --- |

(b)

the forecast number of months of enrolment during the school year N/N + 1 of EU staff pupils enrolled in accredited secondary school levels.

3.   The [ACRONYM] provides the Commission and the beneficiar[y/ies] the following figures concerning the school year N – 1/N before 16 August of the year N:

| (a) | the actual number of months of enrolment during the school year N/N + 1 of EU staff pupils enrolled in accredited nursery and primary school levels; |
| --- | --- |

(a)

the actual number of months of enrolment during the school year N/N + 1 of EU staff pupils enrolled in accredited nursery and primary school levels;

| (b) | the actual number of months of enrolment during the school year N/N + 1 of EU staff pupils enrolled in accredited secondary school levels. |
| --- | --- |

(b)

the actual number of months of enrolment during the school year N/N + 1 of EU staff pupils enrolled in accredited secondary school levels.

Article 7

Payment request of the Commission

1.   In the first semester of the year N, the Commission submits a debit note to [ACRONYM] for payment of the amount budgeted for the year N pursuant to Article 5 of the MSA.

2.   On the basis of the information received from [ACRONYM] pursuant to Article 6 of the present Agreement, the Commission calculates, whether the amount debited to [ACRONYM] corresponds to the EU contribution pursuant to Article 8 of the present MSA. Possible differences shall be offset in the debit note for the year N + 1.

3.   The cost of services related to giving basic advice and to the regular calculation and payment of EU contributions for children of EU staff employed by [ACRONYM] will not be charged.

4.   [Option: If the implementation of the EU contribution in the name and on behalf of the [ACRONYM] causes the Commission an extraordinary additional workload (e.g. in case of a recovery order) or the [ACRONYM] is responsible for errors or delays for which the beneficiar[y/ies] hold[s] the Commission liable, the Commission will submit a separate detailed invoice established on the basis of the additional full-time equivalents actually needed, calculated at the cost of a function group II contract staff member.]

5.   Within 45 calendar days of the reception of the payment request, [ACRONYM] shall pay the amount invoiced to the bank account indicated and that amount will be made available to DG HR as assigned revenue on budget line ‘26.017031 — Type 2 European Schools’ [option: The amount incurred pursuant to paragraph 4 of the present Article shall be paid to the bank account indicated and that amount will be made available as assigned revenue on the budget line that financed those extra costs, i.e. the salary's line XX.1010101 or the contract agents' part of DG HR's global envelope] [option: and subject to the guidelines laid down in Articles ... of the FAA]].

Article 8

Calculation and payment of the EU contribution to the beneficiary

1.   The Commission calculates in accordance with Articles 5 and 6 of the Commission Decision and Articles 5 and 6 of the EU Contribution Agreement the amount to be paid in the name and on behalf of the [ACRONYM] to the beneficiar[y/ies] on the basis of the figures provided by the [ACRONYM] pursuant to Article 6 of the present MSA.

2.   Pursuant to Article 8 of the Commission Decision, by 31 December of the year N the Commission shall pay the beneficiar[y/ies] the pre-financing forecast for the school year N/N + 1, adjusted by the final payment for the previous school year, and informs the beneficiar[y/ies] and the [ACRONYM] thereof.

Article 9

Service provision, cooperation and communication

1.   The [ACRONYM] and the Commission undertake to implement [option: the FAA and] the present MSA in a spirit of close cooperation and agree that clear communication is essential. Necessary and timely information to ensure smooth collaboration and sound reporting for budgetary purposes shall be communicated between the [ACRONYM] and the Commission.

2.   The [ACRONYM] shall inform its staff in a timely and comprehensive manner about the possibility of and the conditions for the provision of free of charge priority enrolment in the Type II ES referred to in Article 1(2) of the present MSA.

Article 10

Communication of errors and anomalies

1.   The [ACRONYM] shall notify errors and/or anomalies concerning the services provided by the Commission under the present MSA to the central contact person designated pursuant to Article 4(1) of the present MSA.

2.   The Commission shall notify errors and/or anomalies concerning the data provided by the [ACRONYM] under the present MSA to the [ACRONYM]'s central contact person designated pursuant to Article 4(1) of the present MSA.

3.   In reply to this notification the respective central contact person shall indicate the reason for the error or anomaly as well as the proposed solution and the date by which this solution will be implemented. If this information cannot be provided promptly, the [ACRONYM] respectively the Commission will be kept informed about measures taken.

Article 11

Cooperation in case of harmful events or the risk thereof

1.   Any question related to the consequences of harmful events occurring in connection with the implementation of the present MSA shall be resolved taking into account the role of the [ACRONYM] as interested party and supervisor of the services to be provided and the ensuing liability.

2.   If the implementation of the present MSA causes, or threatens to cause, damage to assets held by the Commission or by the [ACRONYM] or to the interests of a third party, the Commission and the [ACRONYM] shall keep each other informed and take any necessary measures to limit the damage.

3.   If a third party invokes the Commission's liability or that of the [ACRONYM], the Commission and the [ACRONYM] shall consult each other on the line to be taken.

Article 12

Dispute settlement

1.   The [ACRONYM] will represent the European Union in the event of disputes between the [ACRONYM] and the pupil or his/her legal representative or between the [ACRONYM] and the beneficiar[y/ies] regarding the eligibility of pupils as EU staff pupils or the number of months of enrolment as EU staff pupils.

2.   The Commission will represent the European Union in the event of disputes between the Commission and the beneficiar[y/ies] regarding the calculation of the amount to be paid to or to be recovered from the beneficiar[y/ies], where the eligibility of pupils as EU staff pupils and of the number of months of enrolment as EU staff pupils is undisputed.

3.   In the event of disputes between the parties to the present Agreement regarding its interpretation or implementation, the following applies:

| (a) | the parties try to reach an amicable agreement in a spirit of good cooperation first on the level of the services, then on the level of the [name of the function of the legal representative] of the [ACRONYM] and the Director-General of DG HR; |
| --- | --- |

(a)

the parties try to reach an amicable agreement in a spirit of good cooperation first on the level of the services, then on the level of the [name of the function of the legal representative] of the [ACRONYM] and the Director-General of DG HR;

| (b) | if no amicable agreement can be reached, the parties may submit the dispute to an arbitrator designated jointly and accepted by both parties, whose decision will be binding upon the parties. |
| --- | --- |

(b)

if no amicable agreement can be reached, the parties may submit the dispute to an arbitrator designated jointly and accepted by both parties, whose decision will be binding upon the parties.

Article 13

Data protection

The parties to the present MSA ensure that data protection rules pursuant to the Regulation (EC) No 45/2001 of the European Parliament and of the Council are strictly observed when handling the data received from the beneficiar[y/ies].

Article 14

Amendments

Any amendment to the present MSA shall take the form of an additional written agreement between the [name of the function of the legal representative] of the [ACRONYM] and the Director-General of DG HR.

Article 15

Duration and renewal

1.   The present MSA enters into force on the date of signature by the parties and expires with the EU Contribution Agreement[s] to be concluded with the beneficiar[y/ies], the final draft[s] of which [is/are] attached in Annex I to the present Agreement.

2.   The present MSA shall be tacitly prolonged and become applicable to acts related to [the] tacitly renewed EU Contribution Agreement[s] pursuant to paragraph 1 of the present Article, unless the [name of the function of the legal representative] of the [ACRONYM] informs the Director-General of DG HR six (6) months before the end date of the on-going EU Contribution Agreement that the [ACRONYM] does not wish to extend it to a further EU Contribution Agreement.

3.   Notwithstanding paragraph 2 of the present Article, both parties can terminate the present MSA for the school year N/N + 1 by giving notice by 15 January of the year N.

4.   The mandate to act in the name and on behalf of the [ACRONYM] granted pursuant to Article 2 is valid and applicable to all acts related to th[is/ese] EU Contribution Agreement[s], independent of [its/their] expiry and of the expiry of the present MSA.

| [Name], [name of the function of the legal representative] of the [ACRONYM] | [Name], Director-General of DG HR |
| --- | --- |
| [signature] | [signature] |
| Done at ... | Done at ... |
| Date: ... | Date: ... |

[Name], [name of the function of the legal representative] of the [ACRONYM]

[Name], Director-General of DG HR

[signature]

[signature]

Done at ...

Done at ...

Date: ...

Date: ...

---

(1)  In the final version, the greyed text is to be erased, adjusted or replaced by the adequate text option.

(2)  Official Journal of the European Union (hereinafter ‘OJ’) L 298, 26.11.2012, p. 3.

---

ANNEX II

[MODEL]
   (1)

EU Contribution Agreement

This agreement is concluded between:

The European Union, represented by the European Commission (hereinafter ‘the Commission’), which is represented for the purposes of signature of the present agreement by [full name], Director General DG HR, of the one part,

and

[official name of the Type II European School or of the national public or private body in charge of the Type II European school] (hereinafter ‘the beneficiary’), represented for the purposes of signature of the present agreement by [name of the function of the legal representative], [name of the legal representative], of the other part,

The following Annex[es] shall form an integral part of the agreement:

Annex I: Commission Decision C(2013)[...] of [...] on the putting into effect of the EU contribution paid on a pro-rata basis to schools accredited by the Board of Governors of the European Schools according to the number of children of EU staff enrolled, replacing Commission Decision C(2009) 7719 of 14 October 2009 as amended by Commission Decision C(2010) 7993 of 8 December 2010.

[where applicable: Annex II: Mandate and Service Agreement[s] concluded by the Commission with [the] other European institution[s] or other bod[y/ies] pursuant to Article 1 of the present EU Contribution Agreement]

PREAMBLE

| (1) | Whereas the European Union supports European schooling for the children of its staff members; |
| --- | --- |

(1)

Whereas the European Union supports European schooling for the children of its staff members;

| (2) | This policy is confirmed by the contribution of the European Union to the European Schools within the meaning of the Convention defining the Statute of the European Schools (2) and its policy regarding families of the staff of the European institutions and other bodies, in particular Article 3 of Annex VII of the Staff Regulations of Officials and Other Servants of the European Union granting a double education allowance in cases where no European School is within 50 km of the workplace; |
| --- | --- |

(2)

This policy is confirmed by the contribution of the European Union to the European Schools within the meaning of the Convention defining the Statute of the European Schools (2) and its policy regarding families of the staff of the European institutions and other bodies, in particular Article 3 of Annex VII of the Staff Regulations of Officials and Other Servants of the European Union granting a double education allowance in cases where no European School is within 50 km of the workplace;

| (3) | The Decision of the Board of Governors of the European Schools of 23 April 2009 on the reform of the European Schools system (3), opened up the system of European Schools to schools offering the European curriculum and, in some cases, the European Baccalaureate, and being accredited by a Decision of the Board of Governors confirming that they meet a number of conditions in relation to teaching requirements and quality of education; |
| --- | --- |

(3)

The Decision of the Board of Governors of the European Schools of 23 April 2009 on the reform of the European Schools system (3), opened up the system of European Schools to schools offering the European curriculum and, in some cases, the European Baccalaureate, and being accredited by a Decision of the Board of Governors confirming that they meet a number of conditions in relation to teaching requirements and quality of education;

| (4) | In its meeting of 18 April 2013, the Board of Governors of the European Schools repealed its Decision of 23 April 2009 and the related legal documents defining a contribution of the European Union to Accredited European Schools providing schooling for children of EU staff and replaced it by a Regulation on Accredited European Schools that no longer contains a legal basis for an EU contribution to Accredited European Schools (4); |
| --- | --- |

(4)

In its meeting of 18 April 2013, the Board of Governors of the European Schools repealed its Decision of 23 April 2009 and the related legal documents defining a contribution of the European Union to Accredited European Schools providing schooling for children of EU staff and replaced it by a Regulation on Accredited European Schools that no longer contains a legal basis for an EU contribution to Accredited European Schools (4);

| (5) | The European Commission shall pay an EU contribution, on its own behalf or in the name and on behalf of another European institution or other body, wishing to ensure free of charge priority enrolment of the children of its staff in return for the payment of such a contribution within its administrative autonomy pursuant to Article 54(2)(e) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 (5) on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002; |
| --- | --- |

(5)

The European Commission shall pay an EU contribution, on its own behalf or in the name and on behalf of another European institution or other body, wishing to ensure free of charge priority enrolment of the children of its staff in return for the payment of such a contribution within its administrative autonomy pursuant to Article 54(2)(e) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 (5) on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002;

| (6) | The European Commission shall pay the EU Contribution directly to Accredited European Schools granting free of charge priority enrolment to EU staff pupils or to the national public or private bodies in charge of it pursuant to the Commission Decision C(2013)[...] of [...] on the putting into effect of the EU contribution paid on a pro-rata basis to schools accredited by the Board of Governors of the European Schools according to the number of children of EU staff enrolled, replacing Commission Decision C(2009) 7719 of 14 October 2009 as amended by Commission Decision C(2010) 7993 of 8 December 2010. |
| --- | --- |

(6)

The European Commission shall pay the EU Contribution directly to Accredited European Schools granting free of charge priority enrolment to EU staff pupils or to the national public or private bodies in charge of it pursuant to the Commission Decision C(2013)[...] of [...] on the putting into effect of the EU contribution paid on a pro-rata basis to schools accredited by the Board of Governors of the European Schools according to the number of children of EU staff enrolled, replacing Commission Decision C(2009) 7719 of 14 October 2009 as amended by Commission Decision C(2010) 7993 of 8 December 2010.

CONSEQUENTLY

Having regard to Commission Decision C(2013)[...] of [...] on the putting into effect of the EU contribution paid on a pro-rata basis to schools accredited by the Board of Governors of the European Schools according to the number of children of EU staff enrolled, replacing Commission Decision C(2009) 7719 of 14 October 2009 as amended by Commission Decision C(2010) 7993 of 8 December 2010,

Having regard to the Accreditation and Cooperation Agreement[s] signed on [...] [where applicable: and on [...] and/or and renewed on [...] between the Secretary-General of the European Schools, representing the European School System, and [name of function] representing the Type II European School[s] referred to in Article 1 of the present EU Contribution Agreement, and in particular Article[s] [...] thereof,

THE PARTIES HEREBY AGREE AS FOLLOWS:

Article 1

Scope

1.   This agreement (hereinafter ‘EU Contribution Agreement’) applies to the following institution[s] [where applicable: and] other body/ies] of the European Union (hereinafter ‘the European institutions [where applicable: and other bodies]’):

| (a) | [The Commission[if applicable:; and]] |
| --- | --- |

(a)

[The Commission[if applicable:; and]]

| (b) | [if applicable: full name and address of the European institution or other body, whose staff’s children are to be granted free of charge priority enrolment in the Type II European School[s] referred to in paragraph 2 of the present Article with which the Commission has concluded an MSA attached in Annex II to the present EU Contribution Agreement (hereinafter ‘other European body’)] [if applicable:; and] |
| --- | --- |

(b)

[if applicable: full name and address of the European institution or other body, whose staff’s children are to be granted free of charge priority enrolment in the Type II European School[s] referred to in paragraph 2 of the present Article with which the Commission has concluded an MSA attached in Annex II to the present EU Contribution Agreement (hereinafter ‘other European body’)] [if applicable:; and]

| (c) | [...] |
| --- | --- |

(c)

[...]

2.   The present EU Contribution Agreement applies to the following School[s] (hereinafter ‘Type II European School[s] concerned’):

| (a) | [Official name and full address of the Type II European School concerned]; |
| --- | --- |

(a)

[Official name and full address of the Type II European School concerned];

| (b) | [if applicable: Official name and full address of the Type II European School concerned] |
| --- | --- |

(b)

[if applicable: Official name and full address of the Type II European School concerned]

Article 2

Purpose

The purpose of the present agreement is to determine the payment and audit procedures regarding the EU contribution for each child of a staff member of a European institution and/or other body pursuant to Article 1(1) of the present EU Contribution Agreement to be granted free of charge priority enrolment in the Type II European School[s] concerned.

Article 3

Definitions

For the purposes of the present EU Contribution Agreement

| 1. | An ‘Accredited European School’ is a school in a Member State of the European Union which has obtained accreditation for European schooling from the Board of Governors of the European Schools. |
| --- | --- |

1.

An ‘Accredited European School’ is a school in a Member State of the European Union which has obtained accreditation for European schooling from the Board of Governors of the European Schools.

| 2. | The ‘accreditation period’ and ‘accredited level’ are the period and level for which the accreditation for European schooling from the Board of Governors is valid. |
| --- | --- |

2.

The ‘accreditation period’ and ‘accredited level’ are the period and level for which the accreditation for European schooling from the Board of Governors is valid.

| 3. | ‘EU staff pupils’ within the meaning of the present EU Contribution Agreement are children, including orphans, of:






  (a) | Members or former Members of the institutions of the European Union; |
| --- | --- | --- |

3.

‘EU staff pupils’ within the meaning of the present EU Contribution Agreement are children, including orphans, of:

(a)

Members or former Members of the institutions of the European Union;

| (b) | staff members in active service or pensioners of the institutions and other bodies pursuant to Article 1 of the present EU Contribution Agreement who are eligible to receive an education allowance under Article 3(1) of Annex VII to the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union (6) (hereinafter ‘Staff Regulations’). |
| --- | --- |

(b)

staff members in active service or pensioners of the institutions and other bodies pursuant to Article 1 of the present EU Contribution Agreement who are eligible to receive an education allowance under Article 3(1) of Annex VII to the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union (6) (hereinafter ‘Staff Regulations’).

| 4. | The ‘annual single education allowance’ is the amount equivalent to twelve (12) times the maximum monthly education allowances pursuant to Article 3(1) of Annex VII to the Staff Regulations as applicable at the beginning of the school year concerned. |
| --- | --- |

4.

The ‘annual single education allowance’ is the amount equivalent to twelve (12) times the maximum monthly education allowances pursuant to Article 3(1) of Annex VII to the Staff Regulations as applicable at the beginning of the school year concerned.

| 5. | A ‘school year’ is the 10 months period between 1 September of the year N and 30 June of the year N + 1, which serves as a basis for the calculation of the EU contribution. |
| --- | --- |

5.

A ‘school year’ is the 10 months period between 1 September of the year N and 30 June of the year N + 1, which serves as a basis for the calculation of the EU contribution.

| 6. | A ‘month of enrolment’ is any calendar month during the school year, during which the EU staff pupil concerned was enrolled in the Type II European School concerned. |
| --- | --- |

6.

A ‘month of enrolment’ is any calendar month during the school year, during which the EU staff pupil concerned was enrolled in the Type II European School concerned.

| 7. | ‘Type I European Schools’ are schools within the meaning of the Convention defining the Statute of the European Schools (7). |
| --- | --- |

7.

‘Type I European Schools’ are schools within the meaning of the Convention defining the Statute of the European Schools (7).

| 8. | ‘Type II European Schools’ are accredited European Schools granting EU staff pupils free of charge priority enrolment. The school[s] referred to in Article 1(2) of the present EU Contribution Agreement [is a/are] such [a] school[s]. |
| --- | --- |

8.

‘Type II European Schools’ are accredited European Schools granting EU staff pupils free of charge priority enrolment. The school[s] referred to in Article 1(2) of the present EU Contribution Agreement [is a/are] such [a] school[s].

| 9. | The ‘beneficiary’ is the Type II European School or the national public or private body in charge of it which receives an EU contribution in return for granting EU staff pupils free of charge priority enrolment in the Type II European School concerned. |
| --- | --- |

9.

The ‘beneficiary’ is the Type II European School or the national public or private body in charge of it which receives an EU contribution in return for granting EU staff pupils free of charge priority enrolment in the Type II European School concerned.

| 10. | The ‘EU contribution’ is the contribution the Commission pays in accordance with the present EU Contribution Agreement, to the beneficiary per EU staff pupil enrolled in accredited levels in the Type II European School[s] concerned during the accreditation period and proportionate to the duration of his/her actual enrolment. |
| --- | --- |

10.

The ‘EU contribution’ is the contribution the Commission pays in accordance with the present EU Contribution Agreement, to the beneficiary per EU staff pupil enrolled in accredited levels in the Type II European School[s] concerned during the accreditation period and proportionate to the duration of his/her actual enrolment.

| 11. | An ‘EU Contribution Agreement’ is an agreement concluded by the Commission with the beneficiary on the Commission's own behalf and/or, based on a valid Mandate and Service Agreement, in the name and on behalf of another European institution or other body regarding the calculation and the conditions of payment and possibly recovery of an EU contribution. |
| --- | --- |

11.

An ‘EU Contribution Agreement’ is an agreement concluded by the Commission with the beneficiary on the Commission's own behalf and/or, based on a valid Mandate and Service Agreement, in the name and on behalf of another European institution or other body regarding the calculation and the conditions of payment and possibly recovery of an EU contribution.

[where applicable: (12) A ‘Mandate and Service Agreement’ (hereinafter ‘MSA’) is an agreement between the Commission and another European institution or other body, in which the latter mandate the Commission, to conclude and implement, in their name and on their behalf, EU Contribution Agreements with beneficiaries which grant their EU staff pupils free of charge priority enrolment, and commit themselves to carry the cost thereby incurred by the Commission. The [copy/copies] of the MSA with the other European bod[y/ies]] falling within the scope of the present EU Contribution Agreement are attached in Annex II.]

Article 4

Conditions for the payment of the EU contribution

For the accreditation period and for the accredited levels the Commission shall pay an EU contribution calculated in accordance with Articles 5 and 6 of the Commission Decision and Articles 5 and 6 of the present EU Contribution Agreement to the beneficiary under the following conditions:

| (a) | The beneficiary exempts EU staff pupils enrolled in accredited classes from any school fees and grants them priority with respect to enrolment [in the Type II European School[s] pursuant to Article 1(2) of the present EU Contribution Agreement]; |
| --- | --- |

(a)

The beneficiary exempts EU staff pupils enrolled in accredited classes from any school fees and grants them priority with respect to enrolment [in the Type II European School[s] pursuant to Article 1(2) of the present EU Contribution Agreement];

| (b) | The beneficiary ensures the collection and provision to the Commission [where applicable: Commission] [where applicable: [and the] [other European bod[y/ies] of the figures and data necessary for the verification, calculation and payment of the EU contribution within the deadlines provided for in Article 8 of the Commission Decision and Article 7 of the present EU Contribution Agreement;The beneficiary ensures the collection and preservation of the documents and data necessary for the verification of the figures and data referred to in subparagraph (b) of the present paragraph. |
| --- | --- |

(b)

The beneficiary ensures the collection and provision to the Commission [where applicable: Commission] [where applicable: [and the] [other European bod[y/ies] of the figures and data necessary for the verification, calculation and payment of the EU contribution within the deadlines provided for in Article 8 of the Commission Decision and Article 7 of the present EU Contribution Agreement;The beneficiary ensures the collection and preservation of the documents and data necessary for the verification of the figures and data referred to in subparagraph (b) of the present paragraph.

Article 5

Calculation of the EU contribution

Pursuant to Article 5 of the Commission Decision, the EU contribution is calculated as follows:

| (a) | For EU staff pupils enrolled in accredited Nursery and Primary school levels: |
| --- | --- |

(a)

For EU staff pupils enrolled in accredited Nursery and Primary school levels:

| (b) | For EU staff pupils enrolled in accredited Secondary school levels: |
| --- | --- |

(b)

For EU staff pupils enrolled in accredited Secondary school levels:

Article 6

Conditionality of the EU contribution

1.   Pursuant to Article 6 of the Commission Decision, whenever the entry by the budgetary authority of the European Union of funds in the budget of the Union institutions is insufficient to cover the EU contribution as determined in accordance with Article 5 of the Commission Decision and Article 5 of the present EU Contribution Agreement, the EU contribution of [where applicable: the Commission] [where applicable: [and] [the other European bod[y/ies] concerned by the insufficient entry of funds] can be reduced pro-rata. In that case, the Commission shall:

| (a) | inform the beneficiary of the situation and offer it the reduced EU per pupil contribution for the school year N/N + 1 before 15 February of the year N (date of sending); |
| --- | --- |

(a)

inform the beneficiary of the situation and offer it the reduced EU per pupil contribution for the school year N/N + 1 before 15 February of the year N (date of sending);

| (b) | terminate or not renew the on-going EU Contribution Agreement, if the beneficiary does not accepted the offer by 30 April of the year N (date of sending). |
| --- | --- |

(b)

terminate or not renew the on-going EU Contribution Agreement, if the beneficiary does not accepted the offer by 30 April of the year N (date of sending).

2.   If, on 1 January of a given year, the budget of the European Union or body concerned has not been adopted and the monthly appropriations available to the Commission or body are consequently limited to one twelfth of the appropriations available in the budget for the previous financial year pursuant to Article 16 of the Regulation (EU, Euratom) No 966/2012, the payment shall be paid monthly on the basis of the annual amount paid in the previous year.

3.   Interest on deferred payment shall be due as of right in accordance with Article 83 of the Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (8).

Article 7

Provision of data necessary for the calculation of the EU contribution

1.   In accordance with the applicable data protection legislation and Article 9 of the Commission Decision, the beneficiary ensures the collection and provision to [where applicable: the Commission] [where applicable: [and] [the other European bod[y/ies]] of the following data concerning the school year N/N + 1 before 16 September of the year N:

| (a) | the full name(s) of the EU staff parent(s) of the EU staff pupil(s) enrolled; |
| --- | --- |

(a)

the full name(s) of the EU staff parent(s) of the EU staff pupil(s) enrolled;

| (b) | the denomination of the EU institution or other body from which the EU staff parent(s) or the EU staff pupil(s) derive their status; |
| --- | --- |

(b)

the denomination of the EU institution or other body from which the EU staff parent(s) or the EU staff pupil(s) derive their status;

| (c) | the full name(s) of the EU staff pupil(s) enrolled; |
| --- | --- |

(c)

the full name(s) of the EU staff pupil(s) enrolled;

| (d) | the accredited level of Nursery, Primary or Secondary, in which each EU staff pupil is enrolled; |
| --- | --- |

(d)

the accredited level of Nursery, Primary or Secondary, in which each EU staff pupil is enrolled;

| (e) | the forecast number of months of enrolment of each eligible EU staff pupil enrolled in accredited Nursery, Primary or Secondary school levels. |
| --- | --- |

(e)

the forecast number of months of enrolment of each eligible EU staff pupil enrolled in accredited Nursery, Primary or Secondary school levels.

2.   In accordance with the applicable data protection legislation, the beneficiary ensures the collection and provision to [where applicable: the Commission] [where applicable: [and] [the other European bod[y/ies]] the following data concerning the school year N/N + 1 before 16 July of the year N + 1:

| (a) | the full name(s) of the EU staff parent(s) of the EU staff pupil(s) enrolled; |
| --- | --- |

(a)

the full name(s) of the EU staff parent(s) of the EU staff pupil(s) enrolled;

| (b) | the denomination of the EU institution or other body from which the EU staff parent(s) or the EU staff pupil(s) derive their status; |
| --- | --- |

(b)

the denomination of the EU institution or other body from which the EU staff parent(s) or the EU staff pupil(s) derive their status;

| (c) | the full name(s) of the EU staff pupil(s) enrolled; |
| --- | --- |

(c)

the full name(s) of the EU staff pupil(s) enrolled;

| (d) | the accredited level of Nursery, Primary or Secondary, in which each EU staff pupil is enrolled; |
| --- | --- |

(d)

the accredited level of Nursery, Primary or Secondary, in which each EU staff pupil is enrolled;

| (e) | the actual number of months of enrolment of each eligible EU staff pupil during the school year N/N + 1 enrolled in accredited Nursery, Primary or Secondary school levels. |
| --- | --- |

(e)

the actual number of months of enrolment of each eligible EU staff pupil during the school year N/N + 1 enrolled in accredited Nursery, Primary or Secondary school levels.

Article 8

Arrangements for payment of the contribution

1.   The contribution shall be paid directly into a bank account belonging to the beneficiary and denominated in [euros /other national currency in the case of bank accounts in countries that do not accept euro transactions] (9) using the following banking details:

| | Name of bank: [...] |
| --- | --- |

Name of bank: [...]

| | Address of branch: [...] |
| --- | --- |

Address of branch: [...]

| | Exact name of the account holder: [...] |
| --- | --- |

Exact name of the account holder: [...]

| | Full account number (including bank codes): [...] |
| --- | --- |

Full account number (including bank codes): [...]

[IBAN account code and BIC code for the bank: [...] or only BIC code for countries where the IBAN code does not apply].

2.   The pre-financing payment of the EU contribution for the school year N/N + 1 shall be made by 31 December of the budgetary year N based on the data and indicative figures provided pursuant to Article 9(1) of the Decision and Article 7(1) of the present EU Contribution Agreement at the beginning of this school year, together with the final payment for the school year N – 1/N.

3.   The final payment for the school year N – 1/N shall be based on the final data and figures provided pursuant to Article 9(2) of the Decision and Article 7(2) of the present EU Contribution Agreement and reduced by the pre-financing paid for the same school year.

4.   The final payment for the school year N – 1/N shall be offset with the pre-financing payment for the school year N/N + 1.

Article 9

Confidentiality

1.   The Commission and the beneficiary undertake to preserve the confidentiality of any document, information or other material directly related to the subject of the present EU Contribution Agreement that is duly classed as confidential, if disclosure could cause prejudice to the other party.

2.   [where applicable: [The other European bod[y/ies is/are] liable for the preservation of confidentiality pursuant to paragraph 1 of the present Article], and in particular of data received on the basis of Article 7 of the present EU Contribution Agreement.]

3.   [where applicable: [The beneficiary ensures that the Type II European School[s] concerned preserves the confidentiality pursuant to paragraph 1 of the present Article and can be held liable, if the Type II European School [s] concerned contravene[s] this obligation.].

Article 10

Adjustment, suspension, cessation of payments, and recovery

1.   If according to the figures provided at the end of the school year N/N + 1 the number of months of enrolment of EU staff pupils deviates from the forecast, the EU contribution is adjusted and paid as follows:

| (a) | if it is higher than forecast, a corresponding additional EU contribution shall be paid, where appropriate together with the pre-financing payment for the year N + 1/N + 2; |
| --- | --- |

(a)

if it is higher than forecast, a corresponding additional EU contribution shall be paid, where appropriate together with the pre-financing payment for the year N + 1/N + 2;

| (b) | if it is lower than forecast, the sums wrongly paid for the school year N/N + 1 shall be recovered, where appropriate by offsetting with the pre-financing payment for N + 1/N + 2. |
| --- | --- |

(b)

if it is lower than forecast, the sums wrongly paid for the school year N/N + 1 shall be recovered, where appropriate by offsetting with the pre-financing payment for N + 1/N + 2.

2.   If the inspections carried out by the European School System prior to the renewal of the accreditation provided for in the Accreditation and Cooperation Agreement referred to in the Preamble of the present EU Contribution Agreement stress serious failings in the education provided, likely to lead to the non-renewal of the accreditation, the payment of the EU contribution may be suspended.

3.   If the Accreditation of the Type II European School concerned is withdrawn or the beneficiary terminates the present EU Contribution Agreement improperly within the meaning of Article 12 of the present EU Contribution Agreement, the Commission ceases all payments as of the date on which the withdrawal or improper termination become effective and recovers the sums wrongly paid pro rata as of that date.

4.   If the verification within the framework of a check or audit in accordance with Article 11 of this EU Contribution Agreement results in the finding that the figures provided in accordance with Article 7 of the present EU Contribution Agreement were incorrect or unfounded or other conditions of payment within the meaning of Article 4 of the present EU Contribution Agreement were not met, the Commission recovers the sums wrongly paid.

5.   In case of a recovery, Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (10) shall apply.

Article 11

Checks and audits

1.   In accordance with the applicable data protection legislation and Article 10 of the Commission Decision, the beneficiary ensures that for a period of five (5) years after the end of the school year N/N + 1, all relevant data are collected, preserved and made available in case of a verification by the Commission or by another European institution or other body, and in particular the Court of Auditors, in charge of verifying the figures and data transmitted in accordance with Article 7 of the present EU Contribution Agreement.

2.   To this end, the original accounting documents and certified copies of other documents relevant to the payment, including those providing proof for the data transmitted to the Commission in accordance with Article 7 of the present EU Contribution Agreement are collected and preserved.

3.   The beneficiary agrees that the Commission or another European institution or other body in charge of audits, and in particular the Court of Auditors, may carry out an audit of the use made of the EU contribution either directly by its own staff or by any other outside body authorised to do so on its behalf. Such audits may be carried out throughout the period of implementation of the agreement and for a period of five years from the end of the agreement.

4.   By virtue of Council Regulation (Euratom, EC) No 2185/96 and Regulation (EC) No 1073/1999 of the European Parliament and of the Council, the European Anti-Fraud Office (OLAF) may also carry out on-the-spot checks and inspections in accordance with the procedures laid down by EU law for the protection of the financial interests of the European Union against fraud and other irregularities.

Article 12

Termination

1.   In duly justified cases, any of the parties may terminate the agreement at the end of the on-going school year N/N + 1 by giving six months’ written notice.

2.   Notwithstanding paragraph (1), the notice period for termination shall be shortened to three months before the beginning of the following school year where Article 6(b) of this EU Contribution Agreement applies.

3.   All written communication during the procedures takes place by registered letter with acknowledgement of receipt.

Article 13

Suspension and termination for violation of terms and legal obligations

The Commission may decide to suspend the agreement or to terminate the present EU Contribution Agreement, without any indemnity on its part, in the following circumstances:

| (a) | if the beneficiary fails to fulfil an obligation incumbent on it under the terms of the present EU Contribution Agreement, and in particular Articles 7 and 9 thereof, or the obligations incumbent on it under the terms of the Accreditation agreement; |
| --- | --- |

(a)

if the beneficiary fails to fulfil an obligation incumbent on it under the terms of the present EU Contribution Agreement, and in particular Articles 7 and 9 thereof, or the obligations incumbent on it under the terms of the Accreditation agreement;

| (b) | if the Commission has evidence or seriously suspects the beneficiary or its representative of professional misconduct; |
| --- | --- |

(b)

if the Commission has evidence or seriously suspects the beneficiary or its representative of professional misconduct;

| (c) | if the beneficiary has not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which it is established; |
| --- | --- |

(c)

if the beneficiary has not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which it is established;

| (d) | if the beneficiary has made false declarations or submits reports inconsistent with reality to obtain the contribution provided for in the present EU Contribution Agreement. |
| --- | --- |

(d)

if the beneficiary has made false declarations or submits reports inconsistent with reality to obtain the contribution provided for in the present EU Contribution Agreement.

Article 14

Procedure related to suspension and termination for violation of terms and legal obligations

1.   The Commission initiates the suspension or termination procedure by a written notice stating the reason(s) referred to in Article 13. All written communication during the procedures takes place by registered letter with acknowledgement of receipt.

2.   In the case of a suspension of the agreement, the beneficiary shall have 30 calendar days after reception of the written notice to submit its observations and take any measures necessary to ensure continued fulfilment of its obligations under the present EU Contribution Agreement.

3.   If the Commission fails to accept these observations by giving written approval within 30 calendar days of receiving them, the suspension is effective as from the date of the reception of the written notice, until the reasons for the suspension are no longer fulfilled or until the present EU Contribution Agreement is terminated.

4.   In the case of a termination, the Commission sets a notice period of at least 60 calendar days after reception of the written notice by the beneficiary. The beneficiary shall have 30 days after reception of the written notice to submit its observations and take any measures necessary to ensure continued fulfilment of its obligations under the present EU Contribution Agreement.

5.   If the Commission does not accept these observations by written approval within 30 days of receiving them, the termination takes effect on the day after the end of the notice period.

Article 15

Applicable law and competent courts

1.   The EU contribution is governed by the terms of the Commission Decision, the present EU Contribution Agreement, by the law of the European Union, and, on a subsidiary basis, by the law of the Member State in which the beneficiary is based.

2.   The beneficiary may bring legal proceedings regarding decisions by [where applicable: the Commission] [where applicable: [and] [the other European bod[y/ies with which the Commission has concluded an MSA attached in Annex II]] concerning the application of the provisions of the present EU Contribution Agreement before the General Court and, in the event of appeal, the Court of Justice.

Article 16

Entry into force and duration

1.   The present EU Contribution Agreement shall enter into force on the date of signature by the last of the parties. It shall apply to the accreditation period and levels within the meaning of Article 2(2) of the Commission Decision and Article 3(2) of the present EU Contribution Agreement, for the duration of the Accreditation and Cooperation Agreement with the Board of Governors on-going when the present EU Contribution Agreement is signed, starting with the school year [school year, during which the present EU Contribution Agreement is signed], and shall expire on the day after the end of the of the related Accreditation Agreement.

2.   If none of the parties to the present EU Contribution Agreement submit a written confirmation of its termination before the date of its expiry and if the related Accreditation Agreement is prolonged, as of the date of expiry the present EU Contribution Agreement is renewed by tacit consent for the duration of the accreditation period, which is on-going on that day.

Article 17

Amendments

Any amendment to the terms of the present EU Contribution Agreement must be the subject of a written supplementary agreement. A verbal agreement shall not be binding on the parties.

Article 18

Administrative provisions

Any communication to the Commission in connection with the present EU Contribution Agreement shall be in writing, indicating the registration number of the agreement, and shall be sent to the following addresses:

| | European Commission |
| --- | --- |

European Commission

| | Directorate-General [...] |
| --- | --- |

Directorate-General [...]

| | Directorate [...] |
| --- | --- |

Directorate [...]

| | E-mail address of administrative unit: [...] |
| --- | --- |

E-mail address of administrative unit: [...]

Any communication to the beneficiary in connection with the present EU Contribution Agreement shall be in writing, indicating the number of the agreement, and shall be sent to the following address:

| | Mr./Ms (...) |
| --- | --- |

Mr./Ms (...)

| | [Function] |
| --- | --- |

[Function]

| | [Official name] |
| --- | --- |

[Official name]

| | [Official address in full] |
| --- | --- |

[Official address in full]

| | E-mail address: [...] |
| --- | --- |

E-mail address: [...]

| Done at ... | Done at ... |
| --- | --- |
| Date: ... | Date: ... |
| For the beneficiary, | For the Commission |
| [signature] | [signature] |
| Done in duplicate in [English, French or German] |

Done at ...

Done at ...

Date: ...

Date: ...

For the beneficiary,

For the Commission

[signature]

[signature]

Done in duplicate in [English, French or German]

---

(1)  In the final version, the greyed text is to be erased, adjusted or replaced by the adequate text option.

(2)  OJ L 212, 17.8.1994, p. 3.

(3)  Documents 2009-D-353-en-4 and 2009-D-681-en-1 of the Office of the Secretary-General of the European Schools.

(4)  Document 2013-01-D-64-en-4 of the Office of the Secretary-General of the European Schools.

(5)  OJ L 298, 26.11.2012, p. 3.

(6)  OJ L 348, 29.12.2009, p. 10.

(7)  See footnote 2.

(8)  OJ L 362, 31.12.2012, p. 1.

(9)  As shown by the account identification document issued or certified by the bank concerned.

(10)  See footnote 5.

---