Decision No 4/2001 of the Association Council, Association between the European Communities and their Member States, of the one part, and the Republic of Hungary, of the other part

of 18 December 2001

adopting the general terms and conditions for the participation of the Republic of Hungary in Community programmes

(2002/128/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 Hungary, of the other part(1), concerning Hungary's participation in Community programmes, and in particular Articles 1 and 2 thereof,

Whereas:

(1) According to Article 1 of the Additional Protocol, Hungary may participate in Community framework programmes, specific programmes, projects or other actions dealing with a wide range of fields. It also provides for the addition of other Community fields.

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

(3) The specific participating conditions, including financial implications, in each Community programme should be determined between the Commission of the European Communities and the competent authorities of Hungary,

HAS DECIDED AS FOLLOWS:

Article 1

Hungary may participate in all Community programmes opened to participation of candidate countries of central and eastern Europe, in accordance with the provisions adopting these programmes.

Article 2

Hungary shall contribute financially to the European Union's general budget corresponding to the specific programmes in which Hungary participates.

Article 3

Hungary's representatives shall be allowed to take part, as observers and for the points which concern Hungary, in the Management Committees responsible for monitoring the programmes to which Hungary contributes financially.

Article 4

Projects and initiatives submitted by participants from Hungary shall be subject, as far as possible, to the same conditions, rules and procedures pertaining to the programmes concerned, as are applied to Member States.

Article 5

The specific terms and conditions, including financial contribution, regarding the participation of Hungary in each particular programme shall be determined between the Commission and the competent authorities of Hungary. Should Hungary apply for Community external assistance pursuant to Council Regulation (EEC) No 3906/89 of 18 December 1989 on economic aid to certain countries of central and eastern Europe(2), such specific terms and conditions may be determined on the basis of a Financing Memorandum.

Article 6

This Decision shall apply for an indeterminate period.

It may be denounced by either Party by giving six months' notice in writing.

Article 7

No later than three years after the date of the entry into force of this Decision, and every three years thereafter, the Association Council may review the implementation of this Decision on the basis of actual participation of Hungary in one or more Community programmes.

Article 8

This Decision shall enter into force on the first day of the month following its adoption by the Association Council.

Done at Brussels, 18 December 2001.

For the Association Council

The President

J. Martonyi

(1) OJ L 317, 30.12.1995, p. 30.

(2) OJ L 375, 23.12.1989, p. 11. Regulation as last amended by Regulation (EC) No 2666/2000 (OJ L 306, 7.12.2000, p. 1).