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,

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.

(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.

(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.

(5) In its meeting of 18 April 2013, the Board of Governors of the European Schools repealed its Decision of 23 April 2009 and the related legal documents defining a contribution of the European Union to Accredited European Schools providing schooling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).

(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.

(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,

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 (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, (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; (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; (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; (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: (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); (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; (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; (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. 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; (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; (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. 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.

(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 348, 29.12.2009, p. 10.

(6) See footnote 2.

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

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

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] (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) […] 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’); (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; (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; (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; (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: … (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.