Decision No 5/2001 of the EU-Bulgaria Association Council

of 9 October 2001

adopting the terms and conditions for the participation of Bulgaria in the Youth Community action programme

(2002/127/EC)

THE ASSOCIATION COUNCIL,

Having regard to the Additional Protocol to the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, concerning Bulgaria's participation in Community programmes, and in particular Articles 1 and 2 thereof(1),

Whereas:

(1) According to Article 1 of the said Additional Protocol, Bulgaria may participate in Community framework programmes, specific programmes, projects or other actions notably in the field of youth.

(2) According to Article 2 of the Additional Protocol, the terms and conditions for the participation of Bulgaria in these activities shall be decided by the Association Council.

(3) Following Decision No 2/98 of the Association Council(2), Bulgaria has been participating in the Youth for Europe programme since 1 November 1998, and has expressed the wish to participate in the new Youth programme,

HAS DECIDED AS FOLLOWS:

Article 1

Bulgaria shall participate in the Youth Community action programme according to the terms and conditions set out in Annexes I and II.

Article 2

This Decision shall apply from 1 January 2001.

Article 3

This Decision shall enter into force the day of its adoption by the Association Council.

Done at Brussels, 9 October 2001.

For the Association Council

The President

L. Michel

(1) OJ L 317, 30.12.1995, p. 25.

(2) OJ L 340, 16.12.1998, p. 30.

ANNEX I

Terms and conditions for the participation of the Republic of Bulgaria in the Youth programme

1. Bulgaria will participate in the activities of the Youth programme (hereinafter called "the programme") in conformity, unless otherwise provided in this Decision, with the objectives, criteria, procedures and deadlines as defined in Decision No 1031/2000/EC of the European Parliament and of the Council of 13 April 2000 establishing the Youth Community action programme(1).

2. In conformity with the terms of Article 5 of the Decision establishing the Youth programme and with the provisions relating to the responsibilities of the Member States and of the Commission concerning the Youth national agencies adopted by the Commission, Bulgaria shall establish the appropriate structure for the coordinated management of the implementation of the programme actions at national level, and take the measures needed to ensure the adequate funding of this Agency, which will receive programme grants for its activities. Bulgaria will take all other necessary steps for the efficient running of the programme at national level.

3. To participate in the programme, Bulgaria will pay each year a contribution to the general budget of the European Union according to the modalities described in Annex II.

If necessary, in order to take into account programme developments, or the evolution of Bulgaria's absorption capacity, the Association Committee is entitled to adapt this contribution, so as to avoid budgetary imbalance in the implementation of the programmes.

4. The terms and conditions for the submission, assessment and selection of applications related to eligible institutions, organisations and individuals of Bulgaria will be the same as those applicable to eligible institutions, organisations and individuals of the Community.

Bulgarian experts may be taken into consideration by the Commission when appointing independent experts according to the relevant provisions of the decision establishing the programme to assist it in the project evaluation.

5. With a view to ensuring the Community dimension of the programme, in order to be eligible for Community financial support, projects and activities will have to include at least a partner from one of the Member States of the Community.

6. For the actions to be managed on a decentralised basis, as well as for financial support to the activities of the national agency set up in accordance with point 2, funds will be allocated to Bulgaria on the basis of the annual programme budget breakdown decided at Community level and Bulgaria's contribution to the programme. The maximum amount of financial support to the activities of the national agency will not exceed 50 % of the budget for the national agency's work programme.

7. The Member States of the Community and Bulgaria will make every effort, within the framework of existing provisions, to facilitate the free movement and residence of young people and other eligible persons moving between Bulgaria and the Member States of the Community for the purpose of participating in activities covered by this Decision.

8. Activities covered by this Decision shall be exempt from imposition by Bulgaria of indirect taxes, customs duties, prohibitions and restrictions on imports and exports in respect of goods and services intended for use under such activities.

9. Without prejudice to the responsibilities of the Commission of the European Communities and the Court of Auditors of the European Communities in relation to the monitoring and evaluation of the programme pursuant to Article 13 of the Decision establishing it, the participation of Bulgaria in the programme will be continuously monitored on a partnership basis involving the Commission of the European Communities and Bulgaria. Bulgaria will submit to the Commission relevant reports and take part in other specific activities set out by the Community in that context.

10. In conformity with the Community's Financial Regulations, contractual arrangements concluded with, or by, entities of Bulgaria shall provide for controls and audits to be carried out by, or under the authority of, the Commission and the Court of Auditors. As far as financial audits are concerned, they may be carried out with the purpose of controlling such entities' income and expenditures, related to the contractual obligations towards the Community. In a spirit of cooperation and mutual interest, the relevant authorities of Bulgaria shall provide any reasonable and feasible assistance as may be necessary or helpful under the circumstances to perform such controls and audits.

The provisions relating to the responsibilities of the Member States and of the Commission concerning the Youth national agencies adopted by the Commission will apply to the relations between Bulgaria, the Commission and the Bulgarian national agency. In the event of irregularity, negligence or fraud imputable to the Bulgarian national agency, the Bulgarian authorities shall be responsible for the funds not recovered.

11. Without prejudice to the procedures referred to in Article 8 of the Decision establishing the Youth programme, representatives of Bulgaria will participate as observers in the programme committee, for the points which concern them. This committee shall meet without the presence of representatives of Bulgaria for the rest of the points, as well as, at the time of voting.

12. The language to be used in all sorts of contacts with the Commission, as regards the application process, contracts, reports to be submitted and other administrative arrangements for the programme, will be any of the official languages of the Community.

13. The Community and Bulgaria may terminate activities under this Decision at any time upon 12 months' notice in writing. Projects and activities in progress at the time of termination shall continue until their completion under the conditions laid down in this Decision.

(1) OJ L 117, 18.5.2000, p. 1.

ANNEX II

Financial contribution of the Republic of Bulgaria to the Youth programme

1. The financial contribution to be paid by Bulgaria to the budget of the European Union to participate in the Youth programme in the years 2001 to 2006 will be the following:

>TABLE>

2. Bulgaria will pay the contribution mentioned above, partly from the Bulgarian national budget, and partly from Bulgaria's PHARE national programme. Subject to a PHARE separate programming procedure, the requested PHARE funds will be transferred to Bulgaria by means of a separate Financing Memorandum. Together with the part coming from Bulgaria's State budget, these funds will constitute Bulgaria's national contribution, out of which it will make payments in response to annual calls for funds from the Commission.

3. PHARE funds will be requested according to the following schedule:

>TABLE>

The remaining part of the contribution of Bulgaria will be covered from the Bulgarian State budget.

4. The financial regulation applicable to the general budget of the European Union will apply, notably to the management of the contribution of Bulgaria.

Travel costs and subsistence costs incurred by representatives and experts of Bulgaria for the purposes of taking part as observers in the work of the committee referred to in Annex I(11), or other meetings related to the implementation of the programme shall be reimbursed by the Commission on the same basis as and in accordance with the procedures currently in force for non-governmental experts of the Member States of the European Union.

5. After the entry into force of this Decision and at the beginning of each following year, the Commission will send to Bulgaria a call for funds corresponding to its contribution to the programme under this Decision.

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

Bulgaria will pay its contribution according to the call for funds:

- by 1 May for the part financed from its national budget, provided that the call for funds is sent by the Commission before 1 April, or at the latest one month after the call for funds is sent if later,

- by 1 May for the part financed from PHARE, provided that the corresponding amounts have been sent to Bulgaria by this time, or at the latest in a period of 30 days after these funds have been sent to Bulgaria.

Any delay in the payment of the contribution shall give rise to the payment of interest by Bulgaria on the outstanding amount from the due date. The interest rate corresponds to the rate applied by the European Central Bank, on the due date, for its operations in euro, increased by 1,5 percentage points.