Proposal for a Council Decision concerning the Community position within the Association Council on the participation of Bulgaria in Community programmes in the fields of vocational training and education (1999/C 10/06) COM(1998) 750 final - 98/0352(CNS)

(Submitted by the Commission on 15 December 1998)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 126 and 127, in conjunction with Article 228(3) first paragraph 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 Bulgaria, 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, Bulgaria may participate in Community framework programmes, specific programmes, projects or other actions notably in the fields of vocational training and education, and pursuant to Article 2, the terms and conditions for the participation of Bulgaria in the activities referred to in Article 1 shall be decided by the Association Council,

Whereas Council Decision 94/819/EC of 6 December 1994 establishing an action programme for the implementation of a European Community vocational training policy, (hereinafter called 'Leonardo da Vinci`) (1), and in particular Article 9.1 thereof, and Decision No 819/95/EC of 14 March 1995 of the European Parliament and of the Council establishing the Community action programme in the fields of vocational training and education (hereinafter called 'Socrates`) (2), and in particular Article 7.3 thereof, provide that these programmes 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 Bulgaria, of the other part, concerning the participation of Bulgaria in Community programmes in the fields of vocational training and education, is the attached draft decision of the Association Council.

(1) OJ L 340, 29.12.1994.

(2) OJ L 87, 20.4.1995.

ANNEX I

Draft Decision No . . ./98 of the EC-Bulgaria Association Council of . . . . . . 1999 adopting the terms and conditions for the participation of Bulgaria in Community programmes in the fields of vocational training and education

THE ASSOCIATION COUNCIL

Having regard to the Europe Agreement between the European Communities and their Member States, of the one part, and Bulgaria, 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 Bulgaria, of the other part concerning Bulgaria's participation in Community programmes (2), and in particular Article 1 and 2 thereof;

Whereas 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 fields of vocational training and education;

Whereas pursuant to Article 2 of the said Additional Protocol the terms and conditions for the participation of Bulgaria in the activities referred to in Article 1 are to be decided by the Association Council;

HAS DECIDED AS FOLLOWS:

Article 1

Bulgaria shall participate in the European Community programmes Leonardo da Vinci and Socrates 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 Leonardo da Vinci and Socrates programmes.

Article 3

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

(1) OJ L 358, 31.12.1994.

(2) OJ L 317, 30.12.1995.

ANNEX II

Terms and conditions for the participation of Bulgaria in the Leonardo da Vinci and Socrates programmes

1. Bulgaria will participate in all activities of the Leonardo da Vinci and Socrates (hereinafter called 'the Programmes`) in conformity, unless otherwise provided in this Decision, with the objectives, criteria, procedures and time limits laid down in Council Decision No 818/94/EC establishing an action programme for the implementation of a European Community vocational training policy and Decision No 819/95/EC of the European Parliament and of the Council establishing the European Community action programme Socrates.

2. - The terms and conditions for the submission, assessment and selection of applications by eligible institutions, organisations and individuals of Bulgaria shall be the same as those applicable to eligible institutions, organisations and individuals of the Community.

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

3. To ensure the Community dimension of the Programmes, transnational projects and activities proposed by Bulgaria will be required to include a minimum number of partners from the Member States of the Community. This minimum number will be decided in the framework of the implementation of the Programmes, 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 Programme. Projects and activities carried out solely between Bulgaria and EFTA States which are parties to the EEA agreement or any other third countries, including those with an association agreement with the Community, to which participation in the programme is open, are not eligible for Community financial support.

4. In conformity with the terms of the relevant provisions of the Decisions on the Leonardo da Vinci and Socrates, Bulgaria will lay down the appropriate structures and mechanisms at national level and will take all other necessary steps to ensure national co-ordination and organisation of the implementation of the Programmes.

5. Bulgaria will pay each year a contribution to the general budget of the European Union to cover the costs resulting from its participation in the Programmes (see Annex III).

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

6. The Member States of the Community and Bulgaria will make every effort within the framework of the existing provisions, to facilitate the free movement and residence of students, teachers, university administrators 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.

7. Without prejudice to the responsibilities of the Commission and the Court of Auditors of the European Community in relation of the monitoring and evaluation of the programmes pursuant to the Decisions concerning Leonardo da Vinci and Socrates (Articles 10 and 8 respectively), the participation of Bulgaria in the programmes will be continuously monitored on a partnership basis involving Bulgaria and the Commission of the European Communities. Bulgaria will submit the necessary reports to the Commission and take part in other specific activities undertaken by the Community in that context.

8. Without prejudice to the procedures referred to in Article 6 of the Decision on Leonardo da Vinci and Article 4 of the Decision on Socrates, Bulgaria will be invited to co-ordination meetings on any question concerning the implementation of this Decision prior to the regular meetings of the Committees. The Commission will inform Bulgaria 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 programmes, will be one of the official languages of the Community.

ANNEX III

Financial contribution of Bulgaria to the Leonardo da Vinci and Socrates programme

1. The financial contribution of Bulgaria will cover:

- subsidies or any other financial support from the programmes to Bulgarian participants;

- financial support from the Leonardo da Vinci programme to the functioning of the national agency;

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

2. For every financial year, the aggregated amount of subsidies or any other financial support received from the programmes by the Bulgarian beneficiaries and by the Leonardo da Vinci national agencies of Bulgaria will not exceed the contribution paid by Bulgaria, after deduction of the supplementary administrative costs.

Should the contribution paid by Bulgaria 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 from the programmes by the Bulgarian beneficiaries and by the Leonardo da Vinci national agency, 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 the programmes come to an end, the corresponding amount will be reimbursed to Bulgaria.

3. Leonardo da Vinci

Bulgaria's contribution for participating in 1999 will be ECU 1 114 000. From this sum, an amount of ECU 72 000 will cover supplementary administrative costs related to the management of the programme by the Commission stemming from Bulgaria's participation.

4. Socrates

Bulgaria's contribution will be ECU 4 140 000 in 1999 for its participation in the entire Leonardo da Vinci and Socrates, including Chapter I (Erasmus). From this sum, an amount of ECU 270 000 will cover supplementary administrative costs related to the management of the programme by the Commission stemming from Bulgaria's participation.

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

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 costs under this Decision.

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

The calculation of the annual contribution is based on a participation during a full financial year. Should the Association Council Decision enter into force in the course of a year, the contribution for that year will be adapted taking into account the state of implementation of the Programmes for that particular year.

Bulgaria will pay its contribution to the annual costs under this Decision according to the call for funds, 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 Bulgaria on the outstanding amount from the due date. The interest rate corresponds to the rate applied by the European Monetary Co-operation Fund, for the month of the due date, for its operations in ECU (1), increased by 1,5 percentage points.

6. Bulgaria will pay the supplementary administrative costs referred to in paragraphs 3 and 4 from its national budget.

7. Of the remainder of its annual contribution to the Leonardo da Vinci programme, referred to in paragraph 3, Bulgaria will pay ECU 31 000 from its national budget in 1999. Subject to regular PHARE programming procedures, ECU 1 011 000 will be paid from Bulgaria's PHARE National Programme of 1999.

Of the remainder of its annual contribution to the Socrates, referred to in paragraph 4, Bulgaria will pay ECU 116 000 from its national budget in 1999. Subject to regular PHARE programming procedures, ECU 3 754 000 will be paid from Bulgaria's PHARE national programme of 1999.

(1) Rate published monthly in the Official Journal of the European Communities - C Series.