Amended proposal for a COUNCIL DECISION concerning the Community position within the Association Council on the participation of Bulgaria in the "Youth" Community action programme

(presented by the Commission pursuant to Article 250(2) of the EC-Treaty)

EXPLANATORY MEMORANDUM

On 14 April 2000, the Commission transmitted to the Council a proposal for a Council decision concerning the Community position within the Association Council on the participation of Bulgaria in the Youth Community action programme (COM(2000) 221 final).

The aim of this proposal was to allow Bulgaria to participate in this programme from its beginning, as from the year 2000. The proposal specified the financial contribution to be paid by Bulgaria to participate in the programme in the year 2000, and provided that the financial contribution of Bulgaria for the following years of the programme would be decided by the Association Council in the course of the year 2000.

This proposal as originally worded is no longer relevant as it was not adopted by the Association Council by the end of 2000. The Commission has thus concluded that the proposal should be amended to specify the annual contributions for 2001-2006 while maintaining for this period the detailed arrangements for participation as originally intended for the whole duration of the programme.

The amendments thus concern :

- article 2 of the draft Association Council decision (as the Decision will apply from 2001, and not from 2000),

- Annex II, points 1 and 3 (specifying the annual contributions for the years 2001-2006 instead of the contribution for the year 2000).

The proposal is otherwise unchanged.

Accordingly, the Council is invited to adopt the annexed amended proposal for a Council Decision concerning the Community position within the Association Council on the participation of Bulgaria in the "Youth" Community action programme.

2000/0083 (ACC)

Amended proposal for a COUNCIL DECISION concerning the Community position within the Association Council on the participation of Bulgaria in the "Youth" Community action programme

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 149, in conjunction with Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) 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 Bulgaria, of the other part, has been concluded by decision of the Council and the Commission of 4 December 1995.

(2) According to Article 1 of the Additional Protocol, Bulgaria may participate in Community framework programmes, specific programmes, projects or other actions notably in the field of youth and, pursuant to Article 2, the terms and conditions for the participation of Bulgaria in these activities shall be decided by the Association Council.

(3) Following the Decision 2/98 of 29 October 1998 of the Association Council between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part [1], Bulgaria has been participating in the Youth for Europe programme since 1 November 1998.

[1] OJ L 340, 16.12.1998, p. 30.

(4) Decision (1031/2000/EC) of 13 April 2000 of the European Parliament and the Council establishing the "Youth" Community action programme [2], and in particular Article 11 thereof, provide that this programme shall be open to the participation of associated Central and Eastern European countries in accordance with the conditions set out in the Europe Agreements, in their additional protocols and in the decisions of the respective Association Councils,

[2] OJ L 117, 18.5.2000, p 1.

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 the Republic of Bulgaria, of the other part, concerning the participation of Bulgaria in the "Youth" Community action programme, is the attached draft decision of the Association Council.

Done at Brussels,

For the Council

The President

Draft DECISION N° .../ 2001 OF THE ASSOCIATION COUNCIL between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part of ..... adopting the terms and conditions for the participation of the Republic of Bulgaria in the "Youth" Community action programme

THE ASSOCIATION COUNCIL

Having regard to the Additional Protocol to the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, concerning Bulgaria's participation in Community programmes, and in particular Articles 1 and 2 thereof [3];

[3] OJ L 317, 30.12.1995, p. 25.

Whereas :

(1) According to Article 1 of the Additional Protocol, Bulgaria may participate in Community framework programmes, specific programmes, projects or other actions notably in the field of youth.

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

(3) Following the Decision 2/98 of 29 October 1998 of the Association Council between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part [4], Bulgaria has been participating in the Youth for Europe programme since 1 November 1998, and has expressed the wish to participate in the new Youth programme,

[4] OJ L 340, 16.12.1998, p. 30.

HAS DECIDED AS FOLLOWS:

Article 1

Bulgaria shall participate in the "Youth" Community action programme (hereinafter called Youth) 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 from 1 January 2001.

Article 3

This Decision shall enter into force the day of its adoption by the Association Council.

Done at Brussels,

For the Association Council

The President

ANNEX I Terms and conditions for the participation of the Republic of Bulgaria in the Youth programme

1. Bulgaria will participate in the activities of the Youth programme (hereinafter called "the Programme") in conformity, unless otherwise provided in this Decision, with the objectives, criteria, procedures and deadlines as defined in Decision (1031/2000/EC) of 13 April 2000 of the European Parliament and of the Council establishing this Community action programme.

2. In conformity with the terms of Article 5 of the Decision establishing the Youth programme and with the provisions relating to the responsibilities of the Member States and of the Commission concerning the Youth National Agencies adopted by the Commission, Bulgaria shall establish the appropriate structure for the coordinated management of the implementation of the programme actions at national level, and take the measures needed to ensure the adequate funding of this Agency, which will receive programme grants for its activities. Bulgaria will take all other necessary steps for the efficient running of the Programme at national level.

3. To participate in the Programme, Bulgaria will pay each year a contribution to the general budget of the European Union according to the modalities described in Annex II.

If necessary in order to take into account programme developments, or the evolution of Bulgaria's absorption capacity, the Association Committee is entitled to adapt this contribution, so as to avoid budgetary imbalance in the implementation of the programmes.

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

Bulgarian experts may be taken into consideration by the Commission when appointing independent experts according to the relevant provisions of the decision establishing the programme to assist it in the project evaluation.

5. With a view to ensure the Community dimension of the Programme, to be eligible for Community financial support, projects and activities will have to include at least a partner from one of the Member States of the Community.

6. For the actions to be managed on a decentralised basis, as well as for financial support to the activities of the National Agency set up in accordance with point 2 above, funds will be allocated to Bulgaria on the basis of the annual programme budget breakdown decided at Community level and the Bulgaria's contribution to the programme. The maximal amount of financial support to the activities of the National Agency will not exceed 50 % of the budget for the National Agency's work programme .

7. The Member States of the Community and Bulgaria will make every effort, within the framework of existing provisions, to facilitate the free movement and residence of young people 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.

8. Activities covered by this Decision shall be exempt from imposition by Bulgaria of indirect taxes, customs duties, prohibitions and restrictions on imports and exports in respect of goods and services intended for use under such activities.

9. Without prejudice to the responsibilities of the Commission of the European Communities and the Court of Auditors of the European Communities in relation to the monitoring and evaluation of the programme pursuant to Article 13 of the decision establishing it, the participation of Bulgaria in the programme will be continuously monitored on a partnership basis involving the Commission of the European Communities and Bulgaria. Bulgaria will submit to the Commission relevant reports and take part in other specific activities set out by the Community in that context.

10. In conformity with the Community's Financial Regulations, contractual arrangements concluded with, or by, entities of Bulgaria shall provide for controls and audits to be carried out by, or under the authority of, the Commission and the Court of Auditors. As far as financial audits are concerned, they may be carried out with the purpose of controlling such entities' income and expenditures, related to the contractual obligations towards the Community. In a spirit of cooperation and mutual interest, the relevant authorities of Bulgaria shall provide any reasonable and feasible assistance as may be necessary or helpful under the circumstances to perform such controls and audits.

The provisions relating to the responsibilities of the Member States and of the Commission concerning the Youth National Agencies adopted by the Commission will apply to the relations between Bulgaria, the Commission and the Bulgarian National Agency. In the event of irregularity, negligence or fraud imputable to the Bulgarian National Agency, the Bulgarian authorities shall be responsible for the funds not recovered.

11. Without prejudice to the procedures referred to in Article 8 of the Decision establishing the Youth programme, representatives of Bulgaria will participate as observers in the Programme Committee, for the points which concern them. This committee shall meet without the presence of representatives of Bulgaria for the rest of the points, as well as, at the time of voting.

12. The language to be used in all sorts of contacts with the Commission, as regards the application process, contracts, reports to be submitted and other administrative arrangements for the programmes, will be any of the official languages of the Community.

13. The Community and Bulgaria may terminate activities under this Decision at any time upon twelve months' notice in writing. Projects and activities in progress at the time of termination shall continue until their completion under the conditions laid down in this Decision.

ANNEX II Financial contribution of the Republic of Bulgaria to the Youth programme

1. The financial contribution to be paid by Bulgaria to the budget of the European Union to participate in the Youth programme in the years 2001 to 2006 will be the following (in EUR) :

>TABLE POSITION>

2. Bulgaria will pay the contribution mentioned above, partly from the Bulgarian national budget, and partly from Bulgaria's PHARE National Programme. Subject to a PHARE separate programming procedure, the requested PHARE funds will be transferred to Bulgaria by means of a separate Financing Memorandum. Together with the part coming from Bulgaria's State budget, these funds will constitute Bulgaria's national contribution, out of which it will make payments in response to annual calls for funds from the Commission.

3. PHARE funds will be requested according to the following schedule :

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The remaining part of the contribution of Bulgaria will be covered from the Bulgarian State budget.

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

Travel costs and subsistence costs incurred by representatives and experts of Bulgaria for the purposes of taking part as observers in the work of the committee referred to in Annex I, Point 11 or other meetings related to the implementation of the Programme shall be reimbursed by the Commission on the same basis as and in accordance with the procedures currently in force for nongovernmental experts of the Member States of the European Union.

5. 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 programme under this Decision.

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

Bulgaria will pay its contribution according to the call for funds :

- by 1 May for the part financed from its national budget, provided that the call for funds is sent by the Commission before 1 April, or at the latest one month after the call for funds is sent if later ;

- by 1 May for the part financed from PHARE, provided that the corresponding amounts have been sent to Bulgaria by this time, or at the latest in a period of 30 days after these funds have been sent to Bulgaria.

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 Central Bank, on the due date, for its operations in EURO, increased by 1.5 percentage points.

FINANCIAL STATEMENT

1. Title of operation

Participation of Bulgaria in the Youth programme

2. Budget heading involved

B7-030 Economic aid to the associated countries of Central and Eastern Europe 6091 Revenue accruing from the participation of the associated countries of central Europe in Community programmes

3. Legal basis

Treaty establishing the European Community, and in particular Articles 149, in conjunction with Article 300(2) thereof ;

the Additional Protocol to the Europe Agreement with Bulgaria, providing for the participation in Community programmes ;

Decision of the European Parliament and of the Council (1031/2000/EC) of 13 April 2000 establishing the Youth programme, and in particular Article 11 thereof.

4. Description of operation

4.1 General objective

The Additional Protocol to the Europe Agreement with Bulgaria provides for Bulgaria's participation in Community programmes in a wide range of areas, among which youth.

Its participation will not only contribute towards the implementation of the provisions relating to economic and cultural cooperation in the Europe Agreement, but will also enable Bulgaria to familiarise itself with the procedures and methods used in Community programmes.

Bulgaria has been participating in the Youth for Europe programme since 1 November 1998. In line with the Commission communication "Agenda 2000" of 16.7.1997 and of the conclusions of the European Council in Luxembourg, Bulgaria's participation in this programme has been part of the reinforced preaccession strategy which assist this country in its preparation for future accession to the Union.

The decision-making process for the opening-up of programmes involves a decision by the Association Council between the Union and Bulgaria. The decision of the Association Council of 29 October 1998 establishing the participation of Bulgaria in this programme has expired on 31 December 1999.

This new draft Association Council Decision aims at allowing the Bulgarian participation to be carried on and to ensure continuity between the new Youth programme and its predecessor. Like the first one, it lays down conditions, notably as concerns Bulgaria's financial contribution, and practical arrangements for participating in the programme.

4.2 Period covered and arrangements for renewal

Until the end of the Community programme concerned, i.e. 31.12.2006.

5. Classification of expenditure or revenue

5.1 Non-compulsory expenditure

5.2 Differentiated appropriations

5.3 Type of revenue involved

Since Article 3 of the Additional Protocol to the Europe Agreement stipulates that Bulgaria itself will meet the costs resulting from its participation, it will be invited to pay a contribution for participating in the programme. As the same article states that the Community may supplement Bulgaria's contribution, Bulgaria will contribute only part from its national budget. The remaining part of its contribution will be taken from its PHARE National Programme. The required PHARE funds will be charged to heading B7-030, and transferred to Bulgaria by means of a separate Financing Memorandum. Together with the part coming from Bulgaria's State budget, these funds will constitute Bulgaria's national contribution, out of which it will make payments in response to annual calls for funds from the Commission. The total contribution, once paid by Bulgaria, will be transferred to item 6091 of the EU's budget receipts.

6. Type of expenditure or revenue

- 100% subsidy

- Subsidy for joint financing with other sources in the public and/or private sector

- No provision for all or part of the Community contribution to be reimbursed

- As far as revenue is concerned, provision for Bulgaria's contribution to cover the cost of its participation is made under item 6091. The revenue will be allocated to the items for expenditure on the programme in question and, where appropriate, to the relevant items of operating expenditure. The total revenue expected is given under item 7.4.

7. Financial impact

7.1 Method of calculating total cost of operation (relation between individual and total costs)

Based on the Additional Protocol to the Europe Agreement with Bulgaria, the financial and budgetary arrangements for the programme concerned are as follows: the Bulgaria's contribution takes into account two elements :

- the foreseeable operational costs, which have been calculated on the basis of the programme's budget, the country's estimated take-up capacity, and previous experience of its participation in the Youth for Europe programme,

- the foreseeable administrative costs, corresponding to the meetings and missions. These estimated administrative costs amount yearly to 19 000 EUR .

Bulgaria will use part of its national PHARE annual programme as a complement to its state budget to finance its contribution to the operational costs.

7.2 Itemised breakdown of cost

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7.3 Operational expenditure for studies, experts etc. included in Part B of the budget

p.m. : up to a maximum in proportion to the appropriations of that kind in the EUR 15 allocations for the Youth programme, but within the limits allowed by the part of the contribution which comes from the country's national budget

7.4 Schedule of commitment and payment appropriations

Amounts to be charged to item B7-030

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The foreseeable annual receipts are as follows:

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8. Fraud prevention measures

All the Commission's contracts, agreements and other legal commitments provide for on-the-spot checks by the Commission and Court of Auditors. Among other things, the beneficiaries of the operations are obliged to file reports and financial statements. These are analysed from the point of view of their content and the eligibility of the expenditure in line with the objective of Community financing.

The anti-fraud provisions of the basic budget headings apply to this heading too when adapted to the case of the countries of Central Europe.

9. Elements of cost-effectiveness analysis

9.1 Specific and quantified objectives; target population

The aim of opening up the Youth programme to Bulgaria is to bring about similar benefits as for Member States of the Community. The essential aim of Community action on youth is to enable all European citizens to achieve their full potential and to display initiative and creativity so that they can participate fully in society and in the building of Europe. This objective is based on the gradual establishment of an open European area for youth.

The overall objective of the Youth programme is to contribute to the educational process of all young people through activities which complement those taking place in the Member States or provided at Community level in the fields of education and training. The specific objectives of the programme are to:

- promote youth exchanges for young people aged 15 to 25 living in one or several Member States;

- support initiatives and innovative projects of Community interest or of a transnational nature set up by young people for young people, which allow them to play an active and acknowledged role in society and to develop their personal abilities, creativity, sense of solidarity and independence;

- create favourable conditions for meetings of a high standard and ensure the high quality of all measures taken under the programme;

- support the training of youth leaders to enable young people to benefit from high-quality common measures related to the general objectives of the programme;

- step up cooperation among Member States and between them and the Commission through exchanges of experience and joint initiatives at Community level, and thus to support Member States in their endeavours to improve the quality of services and measures for young people, in particular through activities aimed at providing young people with information about the objectives of the programme;

- aim at reinforce the sense of solidarity, promoting the active participation and integration in the society of young people and stimulating the acquisition of new skills and competencies by young people through an informal learning experience by means of participating to transnational European Voluntary Service activities for the benefit of local communities .

9.2 Grounds for the operation

- Need for Community financial aid

In view of the high cost of participation in the programme and Bulgaria's precarious budgetary situation, assistance from PHARE is essential.

- Choice of ways and means

With a contribution from the national budget, supplemented by one from PHARE, Bulgaria's integration in the programme will allow its citizens to cooperate with their counterparts in the current EU Member States. The integration of Bulgarian nationals in Community networks will make a definite contribution to preparing Bulgaria for future membership

- Main factors of uncertainty which could affect the specific results of the operation

Since projects will be selected according to qualitative criteria, it will only be possible to measure the real impact on the basis of Bulgarian organisations' capacity to respond to the calls for proposal launched by the Commission under the programme.

9.3 Monitoring and evaluation of the operation

The monitoring and evaluation procedures included in the Youth programme (notably in respect of evaluation, as included in the decision establishing the programme) will also cover operations financed for Bulgarian beneficiaries.

10. Administrative expenditure (Section III, Part A of the budget)

Actual mobilisation of the necessary administrative resources will depend on the Commission's annual decision on the allocation of resources, taking into account the number of staff and additional amounts authorised by the budgetary authority.

10.1 Effect on the number of posts

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10.2 Overall financial impact of the human resources

EUR

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(*) By using existing resources required to manage the operation (Calculation based on titles A1, A2, A4, A5 and A7)

10.3 Increase in other administrative expenditure as a result of the operation

EUR

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The above expenditure will be met from the receipts (article 4 par.2, third indent of the financial regulation) received from Bulgaria (see point 5.3 and 7.4 of the financial statement).