Proposal for a Council Decision concerning the Community position within the Association Council on the participation of Romania in the financial instrument of the Community in the field of environment (LIFE) (98/C 122/07) COM(1998) 112 final - 98/0074(CNS)

(Submitted by the Commission on 9 March 1998)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 130s, paragraph 1, in conjunction with Article 228, paragraph 3, 1st alinea thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas the Additional Protocol to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and Romania, of the other part, has been concluded by decision of the Council and the Commission of 4 December 1995,

Whereas, according to Article 1 of the Additional Protocol, Romania may participate in Community framework programmes, specific programmes, projects or other actions notably in the field of environment and the terms and conditions for the participation of Romania in these activities shall be decided by the Association Council,

Whereas, Council Regulation (EEC) No 1973/92, as amended by Council Regulation (EC) No 1404/96 of 15 July 1996 establishing a financial instrument for the environment (LIFE) and in particular Article 13a thereof, provides that this programme shall be open to the participation of associated Central European countries in accordance with the conditions set out in the Additional Protocols to the Association Agreements on participation in Community programmes;

HAS DECIDED AS FOLLOWS:

The position to be taken by the Community within the Association Council established by the Europe Agreement between the European Communities and their Member States, of the one part, and Romania, of the other part, concerning the participation of Romania in the financial instrument of the Community in the field of environment, is the attached draft decision of the Association Council.

Draft Decision of the EC-Romania Association Council adopting the terms and conditions for the participation of Romania in the financial instrument of the Community in the field of environment

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 Romania, of the other part (1),

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

Whereas according to Article 1 of the said Additional Protocol, Romania may participate in Community framework programmes, specific programmes, projects or other actions notably in the field of environment;

Whereas according to Article 2 of the said Additional Protocol the terms and conditions for the participation of Romania in the activities referred to in Article 1 shall be decided by the Association Council,

HAS DECIDED AS FOLLOWS:

Article 1

Romania shall participate in the European Community financial instrument for environment LIFE according to the terms and conditions set out in annexes I and II which shall form an integral part of this Decision.

Article 2

This Decision shall apply for the duration of the financial instrument for the environment LIFE.

Article 3

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

(1) OJ L 357, 31.12.1994, p. 2.

(2) OJ L 317, 30.12.1995, p. 40.

ANNEX I

Terms and conditions for the participation of Romania in LIFE

1. Romania will participate in all actions of the Community financial instrument of the environment LIFE (hereinafter called 'LIFE`) in accordance with the objectives, criteria, procedures and time limits laid down in Council Regulation (EC) No 1404/96, amending Council Regulation (EEC) No 973/92 establishing a financial instrument for the environment (LIFE).

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

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

3. To reflect the Community dimension of LIFE, transnational projects and activities proposed by Romania should, whenever relevant, include partners from the Member States of the Community.

4. In conformity with the terms of the relevant provisions of the Regulation on LIFE, Romania will provide the appropriate structures and mechanisms at national level and will take all other necessary steps to ensure national coordination and organisation of the implementation of the Programme.

5. Romania will pay each year a contribution to the budget of the Community to cover the costs resulting from its participation in LIFE (see Annex II).

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

6. The Member States of the Community and Romania will make every effort to facilitate the free movement of eligible persons between Romania and the Community in activities covered by this Decision.

7. Without prejudice to the responsibilities of the Commission and the Community's Court of Auditors in relation to the control and monitoring of LIFE pursuant to Articles 10, 11 and 12 of the Regulation on LIFE, the participation of Romania in LIFE will be continuously monitored on a partnership basis involving the Commission and Romania. Romania will submit to the Commission relevant reports and take part in other specific activities undertaken by the Community to this end.

8. Without prejudice to the procedures referred to in Article 13 of the Regulation on LIFE, Romania will be invited to coordination meetings on any question concerning the implementation of this Decision prior to the regular meetings of the Committee. The Commission will inform Romania about the results of such regular meetings.

9. The language to be used as regards the application process, decisions, reports to be submitted and other administrative arrangements for LIFE, will be one of the official languages of the Community.

ANNEX II

Financial contribution of Romania to LIFE

1. The financial contribution of Romania will cover:

- subsidies or any other financial support from LIFE to Romania participants;

- supplementary administrative costs related to the management of LIFE by the Commission stemming from Romania's participation.

2. For every financial year, the aggregated amount of subsidies or any other financial support received from LIFE by Romanian beneficiaries will not exceed the contribution paid by Romania, after deduction of the supplementary administrative costs.

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

3. Romania's annual contribution will be ECU 2 200 000 per annum for both 1998 and 1999. From this sum, an annual amount of ECU 110 000 will cover supplementary administrative costs related to the management of LIFE by the Commission stemming from Romania's participation.

4. The financial regulations applicable to the general budget of the European Communities will apply, notably to the management of the contribution of Romania.

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

This contribution will be expressed in ECU and paid into an ECU bank account of the Commission.

Romania will 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 will give rise to the payment of interest by Romania on the outstanding amount from the due date. The interest rate will correspond to the rate applied by the European Monetary Cooperation Fund, for the month of the due date, for its operations in ECU (1), increased by 1,5 percentage points.

5. Romania will pay the supplementary administrative costs referred to in paragraph 3, from its national budget.

6. Of the remaining costs of its participation in LIFE, Romania will pay ECU 832 857 in 1998 and ECU 1 251 905 in 1999 from its national budget.

7. Subject to regular Phare programming procedures, ECU 1 257 143 will be paid from Romania's Phare National Programme in 1998 and ECU 838 095 in 1999.

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