Decision No 3/1999 of the EU-Latvia Association Council

of 28 July 2000

adopting the terms and conditions for the participation of Latvia in the Community programme for energy efficiency, SAVE II

(2000/563/EC)

THE ASSOCIATION COUNCIL,

Having regard to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Latvia, of the other part(1), and in particular Article 109 thereof,

Whereas according to Article 109 of the said Europe Agreement, Latvia may participate in Community framework programmes, specific programmes, projects or other actions including those in the field of energy and the terms and conditions for the participation of Latvia in the activities referred to in the said Article are to be decided by the Association Council,

HAS DECIDED AS FOLLOWS:

Article 1

Latvia shall participate in the European Community SAVE II Programme according to the terms and conditions set out in Annexes I and II.

Article 2

This Decision shall apply for the duration of the SAVE II Programme.

Article 3

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

Done at Brussels, 28 July 2000.

For the Association Council

The President

H. Védrine

(1) OJ L 26, 2.2.1998, p. 1.

ANNEX I

Terms and conditions for the participation of Latvia in the multiannual Community programme for energy efficiency, SAVE II

1. Latvia shall participate in all actions of the multiannual Community programme for energy efficiency SAVE II (hereinafter called "SAVE II") in conformity, unless otherwise provided in this Decision, with the objectives, criteria, procedures and time limits laid down in Council Decision 96/737/EC establishing a five-year programme for the preparation and implementation of measures and actions in a cost-effective manner in order to promote energy efficiency within the Community.

2. The terms and conditions for the submission, assessment and selection of applications related to eligible institutions, organisations and individuals of Latvia shall be the same as those applicable to eligible institutions, organisations and individuals of the Community, set within the limits of the financial contribution of Latvia less administrative costs as provided in Annex II.

3. Where applicable, to ensure the Community dimension of SAVE II, transnational projects and activities proposed by Latvia shall be required to include a minimum number of partners from the Member States of the Community. This minimum shall be decided in the framework of the implementation of SAVE II, 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 activity.

Latvia shall pay the total contribution from its national budget, since PHARE assistance has not been requested for this purpose.

4. Latvia shall take all necessary steps to ensure national coordination and organisation of participation in SAVE II.

5. Latvia shall pay each year a contribution to the general budget of the European Union to cover the costs resulting from its participation in SAVE II (see Annex II).

The Association Committee is entitled to adapt this contribution whenever necessary.

6. The Member States of the Community and Latvia shall make every effort, within the framework of existing provisions, to facilitate the free movement and residence of persons moving between Latvia and the Member States of the Community for the purpose of participating in activities covered by this Decision.

7. Without prejudice to the responsibilities of the Commission and the Court of Auditors of the European Communities in relation to the monitoring and evaluation of SAVE II pursuant to Article 5 of the Council Decision on SAVE II, the participation of Latvia in the Programme shall be continuously monitored on a partnership basis involving Latvia and the Commission of the European Communities. Latvia shall submit the necessary reports to the Commission and take part in other specific activities set out by the Community in that context.

8. Without prejudice to the procedures referred to in Articles 4 and 5 of the Decision on SAVE II, Latvia shall be invited to coordination meetings on any question concerning the implementation of this Decision prior to the regular meetings of the SAVE Committee. The Commission shall inform Latvia about the results of such regular meetings.

9. The language to be used as regards the application process, contracts, reports to be submitted and other administrative arrangements for the SAVE II Programme, shall be one of the official languages of the Community.

ANNEX II

Financial contribution of Latvia to SAVE II

1. The financial contribution of Latvia shall cover:

- subsidies or any other financial support from the Programme to Latvian participants,

- supplementary administrative costs related to the management of the Programme by the Commission of the European Communities stemming from Latvia's participation.

2. For every financial year, the aggregated amount of subsidies or any other financial support received from the programme by Latvian beneficiaries shall not exceed the contribution paid by Latvia, after deduction of the supplementary administrative costs.

Should the contribution paid by Latvia to the general budget of the European Union, after deduction of the supplementary administrative costs, be higher than the aggregated amount of the subsidies or other financial support received by the Latvian beneficiaries from the Programme, the Commission shall transfer the balance to the next budgetary exercise, and it shall be deducted from the following year's contribution. Should such a balance be left when the Programme comes to an end, the corresponding amount shall be reimbursed to Latvia.

3. Latvia's annual contribution shall be EUR 57942 from 2000. From this sum, an amount of EUR 3942 shall cover supplementary administrative costs related to the management of the Programme by the Commission stemming from Latvia's participation.

Latvia shall pay the total contribution from its national budget, since PHARE assistance has not been requested for this purpose.

4. The financial Regulation applicable to the general budget of the European Union shall apply, notably to the management of the contribution of Latvia.

Upon the entry into force of this Decision and at the beginning of each year, the Commission shall send to Latvia a call for funds corresponding to its contribution to the costs under this Decision.

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

Latvia shall pay its contribution to the annual costs under this Decision according to the call for funds and at the latest three months after the call for funds is sent. Any delay in the payment of the contribution shall give rise to the payment of interest by Latvia on the outstanding amount from the due date. The interest rate corresponds to the rate applied by the ECB for the month of the due date, for its operations in euro, increased by 1,5 percentage points.