AGREEMENT between the European Community and the Republic of Cyprus establishing cooperation in the field of vocational training within the framework of the Leonardo da Vinci programme

THE EUROPEAN COMMUNITY,

of the one part, and

THE REPUBLIC OF CYPRUS,

of the other part,

WHEREAS, pursuant to Council Decision 94/819/EC, an action programme for the implementation of a European Community vocational training policy, ('the Leonardo da Vinci programme`), was established;

WHEREAS decision 94/819/EC provides, in its Article 9, for the opening of the Leonardo da Vinci programme to Cyprus;

WHEREAS the participation of Cyprus in the Leonardo da Vinci programme constitutes a significant step in the pre-accession strategy of Cyprus;

WHEREAS the Contracting Parties have a common interest in cooperation in vocational training as part of the wider cooperation between the Community and Cyprus and with the aim of contributing to a dynamic and homogeneous development in this field;

WHEREAS, in particular, cooperation between the Community and Cyprus, with a view to pursuing the objectives fixed for the Leonardo da Vinci programme, within the context of transnational cooperation activities involving the Community and Cyprus, by its nature enriches the impact of the different actions undertaken pursuant to that programme, and strengthens the skill levels of human resources in the Community and Cyprus;

WHEREAS the Contracting Parties consequently expect to obtain mutual benefits from the participation of Cyprus in the Leonardo da Vinci programme;

WHEREAS a successful cooperation in this field implies a general commitment by the Contracting Parties to make complementary efforts to stimulate the European dimension in the field of vocational training,

HAVE AGREED AS FOLLOWS:

Article 1

Field of cooperation

Cooperation between the Community and Cyprus shall be established in all the strands and actions of the Leonardo da Vinci programme, as set out in Part A of the Annex to Decision 94/819/EC.

Unless otherwise provided in this Agreement, conditions for participation of Cyprus's organizations or individuals in each of the strands shall be the same as those applicable to organizations or individuals from the Member States of the Community.

Article 2

Objectives and contents of actions

The objectives and contents of the actions to be taken under the Leonardo da Vinci programme are set out in Decision 94/819/EC, in particular in Article 3 and Part A of the Annex.

Language preparation and training concerns the official languages of the Community. In exceptional circumstances, other languages could be accepted if the implementation of the programme so requires.

Article 3

Eligible organizations and individuals

The eligibility of organizations and individuals of Cyprus shall be subject to the rules set out in Decision 94/819/EC, in particular in Article 2 and Part A and Part C, Section I of the Annex.

Article 4

Procedures

Eligible organizations and individuals of Cyprus shall take part in the Leonardo da Vinci programme according to the conditions and rules set out in Decision 94/819/EC, in particular in Part C of the Annex.

The terms and conditions for the submission, evaluation and selection of applications and proposals of pilot projects, programmes and any other measures shall be the same as those applicable to organizations and individuals of the Community.

To ensure the Community dimension of the Leonardo da Vinci programme, transnational projects and activities proposed by Cyprus will be required to include a minimum number of partners from the Member States of the Community. This minimum number will be decided in the framework of the implementation of the programme, taking into account the nature of the various activities, the number of partners in a given project, and the number of countries participating in the programme. Projects and activities carried out solely between Cyprus and the EFTA-EEA States or any other third country, including those with an association agreement with the Community, to which participation in the Leonardo da Vinci programme is open, shall not be eligible for Community financial support.

Article 5

National structures

Cyprus shall provide the appropriate structures and mechanisms at national level and shall take all other necessary steps to ensure national coordination and organization of the implementation of the Leonardo da Vinci programme, in accordance with Article 4 (3) of Decision 94/819/EC.

Article 6

Financial conditions

To cover the costs arising from its participation in the Leonardo da Vinci programme, Cyprus shall pay each year a contribution to the general budget of the European Communities, according to the terms and conditions set out in the Annex, which shall constitute an integral part of this Agreement.

Article 7

Joint Committee

1. A Joint Committee is hereby established.

2. The Joint Committee shall consist, on the one hand, of representatives of the Community, and, on the other, of representatives of Cyprus.

3. The Joint Committee shall be responsible for the implementation of this Agreement,

4. At the request of either Party, the Contracting Parties shall exchange information and hold consultations within the Joint Committee on activities covered by this Agreement and related financial aspects.

5. The Joint Committee shall act by agreement.

6. The Joint Committee shall meet at the request of either Contracting Party, in accordance with the conditions to be laid down in its rules of procedure.

Article 8

Coordination meetings

The representatives of the Community in the Joint Committee shall take the appropriate steps to ensure coordination between the implementation of this Agreement and the decisions taken by the Community in respect of the implementation of the Leonardo da Vinci programme. In order to facilitate this coordination and without prejudice to the procedures set forth in Article 6 of Decision 94/819/EC, representatives of Cyprus shall be invited to coordination meetings prior to the regular Leonardo da Vinci committee meetings. The Commission shall inform Cyprus about the results of such regular meetings.

Article 9

Free movement

The Contracting Parties shall make every effort to facilitate the free movement and residence of persons moving between Cyprus and the Community for the purpose of participating in the activities covered by this Agreement.

Article 10

Monitoring, evaluation and reports

Without prejudice to the responsibilities of the Commission and the Community's Court of Auditors in relation to the monitoring and evaluation of the programme pursuant to Article 10 of Decision 94/819/EC, Cyprus's participation in the Leonardo da Vinci programme shall be continuously monitored on a partnership basis involving the Commission and Cyprus. Cyprus shall submit to the Commission the reports to which reference is made in Article 10 of Decision 94/819/EC. It will take part in any other specific activities set out by the Community in this regard.

Article 11

Use of languages

The language to be used as regards the application process, contracts, reports to be submitted and other administrative arrangements for the Leonardo da Vinci programme shall be one of the official languages of the Community.

Article 12

Territories

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

Article 13

Duration

1. This Agreement is concluded for the duration of the Leonardo da Vinci programme (until 31 December 1999).

2. Should the Leonardo da Vinci programme be revised, this Agreement may be renegotiated or terminated. Cyprus shall be notified of the revised programme within one month of its adoption. Within a further two months, either Contracting Party may request a renegotiation or termination of this Agreement. In the event of termination, the practical arrangements for dealing with outstanding commitments shall be the subject of negotiations between the Contracting Parties.

3. Either Contracting Party may, at any time, request a revision of this Agreement. To this end, it shall submit a request to the other Contracting Party. The Contracting Parties may instruct the Joint Committee to examine this request and, where appropriate, to make recommendations to them, particularly with a view to opening negotiations.

Article 14

Entry into force

This Agreement shall enter into force on the first day of the month following the notification by the Contracting Parties of the completion of their respective procedures.

Article 15

Languages of the Agreement

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

Hecho en Bruselas, el veinticinco de julio de mil novecientos noventa y siete.

Udfærdiget i Bruxelles, den femogtyvende juli nitten hundrede og syvoghalvfems.

Geschehen zu Brüssel am fünfundzwanzigsten Juli neunzehnhundertsiebenundneunzig.

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Done at Brussels on the twenty-fifth day of July in the year one thousand nine hundred and ninety-seven.

Fait à Bruxelles, le vingt-cinq juillet mil neuf cent quatre-vingt-dix-sept.

Fatto a Bruxelles, addì venticinque luglio millenovecentonovantasette.

Gedaan te Brussel, de vijfentwintigste juli negentienhonderd zevenennegentig.

Feito em Bruxelas, em vinte e cinco de Julho de mil novecentos e noventa e sete.

Tehty Brysselissä kahdentenakymmenentenäviidentenä päivänä heinäkuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäseitsemän.

Som skedde i Bryssel den tjugofemte juli nittonhundranittiosju.

Por la Comunidad Europea

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Ãéá ôçí ÅõñùðáúêÞ Êïéíüôçôá

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Voor de Europese Gemeenschap

Pela Comunidade Europeia

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

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Por la República de Chipre

For Republikken Cypern

Für die Republik Zypern

Ãéá ôç Äçìïêñáôßá ôçò Êýðñïõ

For the Republic of Cyprus

Pour la république de Chypre

Per la Repubblica di Cipro

Voor de Republiek Cyprus

Pela República de Chipre

Kyproksen tasavallan puolesta

På Republiken Cyperns vägnar

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ANNEX

Financial conditions

1. Cyprus shall pay each year a contribution to the general budget of the European Communities to cover the subsidies or other financial support from the Leonardo da Vinci programme to be received by the Cypriot beneficiaries or by the national agency established by Cyprus in accordance with Article 4 (3) of Decision 94/819/EC. This contribution will be ECU 450 000.

For every budget year, the aggregated amount of subsidies received from the programme by Cypriot beneficiaries and by the national agency of Cyprus may not exceed the above contribution.

Should the aggregated amount be lower than the contribution, the Commission of the European Communities will transfer the balance to the following budgetary exercise, and it will be deducted from the following year's contribution. Should any balance remain on the termination of the programme, the corresponding amount will be reimbursed to Cyprus.

2. In addition to the contribution referred to in point 1, Cyprus will pay annually ECU 32 000 to cover supplementary administrative costs related to the management of the programme by the Commission stemming from Cyprus's participation. This amount will not be subject to the provisions set out in the third paragraph of point 1.

3. The Financial Regulation applicable to the general budget of the European Communities shall apply, notably to the management of the contribution of Cyprus.

At the beginning of each year, from 1997 onwards, or immediately after the entry into force of this Agreement, the Commission shall send to Cyprus a call for funds corresponding to its contribution referred to in points 1 and 2 above.

This contribution shall be expressed in ecus and paid into an ecu bank account of the Commission.

Cyprus shall pay its contribution at the latest within three months of the call for funds. Any delay in the payment of the contribution shall give rise to the payment of interest by Cyprus on the outstanding amount from the due date. The interest rate shall correspond to the rate applied by the European Monetary Cooperation Fund (EMCF), for the month of the due date, for its operations in ecus (1), increased by 1,5 percentage points.

4. If necessary to take into account programme developments, the contribution of Cyprus referred to in points 1 and 2 may be adapted by the Joint Committee.

(1) Rate published monthly in the Official Journal of the European Communities - C series.