Proposal for a COUNCIL DECISION concerning the Community position within the Association Council on the participation of the Republic of Slovenia in the Community programmes in the fields of Health and Social Policy

(presented by the Commission)

EXPLANATORY MEMORANDUM

On several occasions, the European Council has recognised the opening up of Community programmes to the participation of the associated countries of Central Europe as an important step forward in their preparation for accession. In the conclusions of its meeting of 12 and 13 December 1997 in Luxembourg, the European Council reiterated the importance of such participation, as a tool for making candidate countries acquainted with the Union's policies and working methods.

In addition to Community programmes in such fields as education, training, youth, culture, small and medium size enterprises, environment and energy, it is now proposed to decide terms and conditions for the participation of the Republic of Slovenia from 1999 onwards in programmes in the fields of health and social policy.

This proposal follows equivalent but earlier proposals for the participation of Bulgaria, the Czech Republic, Estonia, Hungary, Lithuania and Romania in the same Community programmes from 1998 onwards.

Through its participation in the Community's Public Health and Social Policy programmes, the Republic of Slovenia will be able to demonstrate its intention to share the values and priorities of the Community with regard to a high level of health protection and equal opportunities between men and women.

Participation in Public Health programmes is of great use for the Republic of Slovenia, in that it will

. help to integrate the Republic of Slovenia into the European discussions and thinking on public health, prevention of diseases and dangers to public health, health education and promotion;

. support it in its efforts to collect and aggregate health-related information and data which is comparable to the situation in Community Member States;

. support health authorities, health professionals and other public health-related professions in the Republic of Slovenia (and in the Community) in sharing information and experience in the different priority areas of the programmes;

. support it in its prevention strategies against major health scourges identified at Community level (e.g. AIDS and other communicable diseases, cancer, drugs, etc.);

. help to promote the concept that health protection requirements shall form a constituent part of the Community's other policies.

Participation in the Fourth Action programme on equal opportunities for women and men will

. help to integrate the Republic of Slovenia into the mainstream of European law on equal opportunities through participation in expert meetings, and thereby facilitate adoption of the legal acquis;

. help the Republic of Slovenia to raise awareness of the importance of the principles of European equality legislation vis-à-vis the public and social partners;

. promote equal opportunities in a changing economy, especially in the fields of education, vocational training and in the labour market;

. help to reconcile working and family life for men and women;

. help to promote a gender balance in decision-making;

. help to entitle women to exercise their rights;

. and give the relevant bodies the opportunity to cooperate in transnational projects for the promotion of equality and to benefit from a transnational exchange of best practice in the above-mentioned fields.

According to the provisions of the Europe Agreements or their Additional Protocols, participating candidate countries will meet themselves the costs resulting from their participation; they are, however, entitled to use part of their national Phare allocations for complementing the contribution from their own budgets. The Republic of Slovenia has officially stated that it will make available the necessary budgetary appropriations, as calculated by the Commission services, and it will not request any part of its financial contribution to be paid from its Phare allocation.

The main issues addressed in the annexed draft Decision of the EC-Republic of Slovenia Association Council adopting the terms and conditions for the Slovene participation in Community programmes in the fields of health and social policy are the following:

- the Republic of Slovenia will take part in all the activities of the programmes in which it will participate; conditions for submission, assessment and selection of applications will be as far as possible in conformity with those prevailing in the Member States of the Community (Annex I, paragraphs 1 and 2);

- the financial contribution and the rules governing this contribution are defined in Annex I, paragraph 4 and in Annex II;

- to ensure the Community dimension of the programmes, a minimum number of partners from the Member States of the Community will be required;

- the Republic of Slovenia will be associated with the monitoring of its participation in the Programmes (Annex I, paragraph 6);

- it will be invited to any co-ordination meeting prior to the meetings of the Programme Committees and will be informed about their results (Annex I, paragraph 7);

- the Decision will apply for the duration of the Programmes (i.e. to 31.12.2000, Article 2 of the Decision).

The adoption of the Association Council Decision to allow the Republic of Slovenia to participate in Community programmes in the fields of health and social policy as from 1999 will offer the opportunity for active integration in Community policies in these areas at a moment when accession negotiations are scheduled to start. It is, therefore, of considerable political importance.

In order to allow the participation of the Republic of Slovenia in Community programmes in the fields of health and social policy as from 1999 the Council is requested to adopt the annexed proposal for a Decision.

Proposal for a COUNCIL DECISION concerning the Community position within the Association Council on the participation of the Republic of Slovenia in the Community programmes in the fields of Health and Social Policy

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 152 and Article 308, in conjunction with Article 300, paragraph 3, 1st alinea thereof,

Having regard to the proposal from the Commission (1),

(1) OJ C

Having regard to the opinion of the European Parliament (2),

(2) OJ C

(1) Whereas the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Slovenia, of the other part, entered into force on

(2) Whereas according to Article 106 of the Europe Agreement, the Republic of Slovenia may participate in Community framework programmes, specific programmes, projects or other actions notably in the fields of Health and Social policy and, pursuant to Article 106, the terms and conditions of the Republic of Slovenia's participation in the activities referred to in the above Article shall be decided by the Association Council,

(3) Whereas, Decision No 645/96/EC of the European Parliament and of the Council of 29 March 1996 adopting a programme of Community action on health promotion, information, education and training within the framework for action in the field of public health (1996-2000) (3) and in particular Article 6(2) thereof, Decision No 646/96/EC of the European Parliament and of the Council of 29 March 1996 adopting an action plan to combat cancer within the framework for action in the field of public health (1996-2000) (4) and in particular Article 6(2) thereof, Decision No 647/96/EC of the European Parliament and of the Council of 29 March 1996 adopting a programme of Community action on the prevention of AIDS and certain other communicable diseases within the framework for action in the field of public health (1996-2000) (5) and in particular Article 6(2) thereof, Decision No 102/97/EC of the European Parliament and of the Council of 16 December 1996 adopting a programme of Community action on the prevention of drug dependence within the framework for action in the field of public health (1996-2000) (6) and in particular Article 6(2) thereof, and Council Decision (95/593/EC) of 22 December 1995 on a medium-term Community action programme on equal opportunities for men and women (1996-2000) (7) and in particular Article 6(1) 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 Association Agreement on participation in Community programmes.

(3) OJ L 95,16.4.1996, p.1

(4) OJ L 95,16.4.1996, p.9

(5) OJ L 95,16.4.1996, p.16

(6) OJ L 19, 22.1.1997, p.25

(7) OJ L 335, 30.12.1995, p.37

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 Slovenia, of the other part, concerning the participation of the Republic of Slovenia in Community Programmes in the fields of Health and Social policy is that set out in the attached draft decision of the Association Council.

Done at Brussels,

For the Council

The President

ANNEX

Draft Decision No..../99 of the EC-Republic of Slovenia Association Council of.............1999 adopting the terms and conditions for the participation of the Republic of Slovenia in Community Programmes in the fields of Health and Social policy

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 Slovenia of the other part (8), and in particular Article 106 concerning the participation of the Republic of Slovenia in Community programmes,

(8) OJ

Whereas according to Article 106 of the Europe Agreement, the Republic of Slovenia may participate in Community framework programmes, specific programmes, projects or other Community actions notably in the fields of Health and Social policy,

Whereas according to Article 106 of the Europe Agreement the terms and conditions for the participation of the Republic of Slovenia in the activities referred to in Article 106 are to be decided by the Association Council,

HAS DECIDED AS FOLLOWS:

Article 1

The Republic of Slovenia shall participate in the European Community programmes Health promotion, Combating cancer, Prevention of AIDS and other communicable diseases, Drug dependence and Equal Opportunities for men and women 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 until 31 December 2000.

Article 3

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

For the Association Council

Done at The Chairman

ANNEX I

Terms and conditions for the participation of the Republic of Slovenia in the Programmes Health promotion, Combating cancer, Prevention of AIDS and other communicable diseases, Drug dependence and Equal opportunities for men and women.

1. The Republic of Slovenia shall participate in all activities of the Health promotion, Combating cancer, Prevention of AIDS and other communicable diseases, Drug dependence and Equal opportunities for men and women programmes (hereinafter called "the Programmes") in conformity, unless otherwise provided in this Decision, with the objectives, criteria, procedures and deadlines as defined in Decision No 645/96/EC of the European Parliament and of the Council of 29 March 1996 adopting a programme of Community action on health promotion, information, education and training within the framework for action in the public health (1996-2000) and in particular Article 6(2) thereof, Decision No 646/96/EC of the European Parliament and of the Council of 29 March 1996 adopting an action plan to combat cancer within the framework for action in the field of public health (1996-2000) and in particular Article 6(2) thereof, Decision No 647/96/EC of the European Parliament and of the Council of 29 March 1996 adopting a programme of Community action on the prevention of AIDS and certain other communicable diseases within the framework for action in the field of public health (1996-2000) and in particular Article 6(2) thereof, Decision No 102/97/EC of the European Parliament and of the Council of 16 December 1996 adopting a programme of Community action on the prevention of drug dependence within the framework for action in the field of public health (1996-2000) and in particular Article 6(2) thereof, and Council Decision (95/593/EC) of 22 December 1995 on a medium-term Community action programme on equal opportunities for men and women (1996-2000) and in particular Article 6(1) thereof.

2. The terms and conditions for the submission, assessment and selection of applications related to eligible institutions, organisations and individuals of the Republic of Slovenia will be as far as possible in conformity with those prevailing in the Member States of the Community.

3. To ensure the Community dimension of the Programmes, transnational projects and activities proposed by the Republic of Slovenia 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 Programmes.

4. The Republic of Slovenia will pay each year a contribution to the general budget of the European Communities to cover the costs resulting from its participation in the Programmes (see Annex II). The Association Committee is entitled to adapt this contribution whenever necessary.

5. The Member States of the Community and the Republic of Slovenia will make every effort, within the framework of the existing provisions, to facilitate the free movement and residence of all eligible persons to the programmes moving between the Republic of Slovenia and the Member States of the Community for the purpose of participating in activities covered by the Decision.

6. Without prejudice to the responsibilities of the Commission and the Court of Auditors of the European Community in relation to the monitoring and evaluation of the programmes pursuant to the Decisions concerning Health promotion, Combating cancer, Prevention of AIDS and other communicable diseases, Drug dependence and Equal opportunities for men and women (Articles 7, 7, 7, 7 and 11 respectively), the participation of the Republic of Slovenia in the Programmes will be continuously monitored on a partnership basis involving the Republic of Slovenia and the Commission of the European Communities. The Republic of Slovenia will submit the necessary reports to the Commission and take part in other specific activities set out by the Community in that context.

7. Without prejudice to the procedures referred to in Article 5 of the Decision on Health promotion, Article 5 of the Decision on Combating cancer, Article 5 of the Decision on Prevention of AIDS and other communicable diseases, Article 5 of the Decision on Drug dependence and Article 9 of the Decision on Equal opportunities for men and women, the Republic of Slovenia will be invited to any co-ordination meeting on any question concerning the implementation of this Decision prior to the regular meetings of the Programme Committees. The Commission will inform the Republic of Slovenia about the results of such regular meetings.

8. 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 II

FINANCIAL CONTRIBUTION OF THE REPUBLIC OF SLOVENIA TO HEALTH PROMOTION, COMBATING CANCER, PREVENTION OF AIDS AND OTHER COMMUNICABLE DISEASES, DRUG DEPENDENCE AND EQUAL OPPORTUNITIES FOR MEN AND WOMEN.

1. The financial contribution of the Republic of Slovenia will cover;

- financial support from the Programmes to Slovene participants,

- supplementary costs of an administrative nature related to the management of the Programmes by the Commission stemming from the Republic of Slovenia's participation.

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

Should the contribution paid by the Republic of Slovenia to the general budget of the European Communities, after deduction of the supplementary administrative costs, be higher than the aggregated amount of subsidies or other financial support received by the Slovene beneficiaries from the Programmes, the Commission 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 the Republic of Slovenia.

3. Health promotion

The Republic of Slovenia's annual contribution will be of EURO 34.187 from 1999. From this sum, an amount of EURO 2.237 will cover supplementary administrative costs related to the management of the Programme by the Commission stemming from the Republic of Slovenia's participation.

4. Combating cancer

The Republic of Slovenia's annual contribution will be of EURO 59.256 from 1999. From this sum, an amount of EURO 3.876 will cover supplementary administrative costs related to the management of the Programme by the Commission stemming from the Republic of Slovenia's participation.

5. Prevention of AIDS and other communicable diseases

The Republic of Slovenia's annual contribution will be of EURO 45.582 from 1999. From this sum, an amount of EURO 2.982 will cover supplementary administrative costs related to the management of the Programme by the Commission stemming from the Republic of Slovenia's participation.

6. Drug dependence

The Republic of Slovenia's annual contribution will be of EURO 22.791 from 1999. From this sum, an amount of EURO 1.491 will cover supplementary administrative costs related to the management of the Programme by the Commission stemming from the Republic of Slovenia's participation.

7. Equal opportunities for men and women

The Republic of Slovenia's annual contribution will be of EURO 33.792 from 1999. From this sum, an amount of EURO 2.210 will cover supplementary administrative costs related to the management of the Programme by the Commission stemming from the Republic of Slovenia's participation.

8. The financial regulations applicable to the general budget of the Community will apply, notably to the management of the contribution of the Republic of Slovenia.

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

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

The Republic of Slovenia 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 shall give rise to the payment of interest by the Republic of Slovenia 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.

9. The Republic of Slovenia will pay the supplementary costs of an administrative nature referred to in paragraph 3, 4, 5, 6 and 7 from its national budget.

10. The Republic of Slovenia will pay 100% of the cost of its participation from its national budget.

FINANCIAL STATEMENT

1. Title of operation

Participation of the Republic of Slovenia in programmes on Health promotion, Combating cancer, Prevention of AIDS and other communicable diseases, Drug dependence and Equal opportunities for men and women

2. Budget heading involved

6091, B3-4300, B3-4301, B3-4303, B3-4302, B3-4012

3. Legal basis

Treaty establishing the European Community, and in particular Articles 152 and 308, in conjunction with Article 300(3), 1st alinea thereof

Europe Agreement with the Republic of Slovenia of

Decision No 645/96/EC of the European Parliament and of the Council of 29 March 1996 adopting a programme of Community action on health promotion, information, education and training within the framework for action in the public health (1996-2000) and in particular Article 6(2) thereof,

Decision No 646/96/EC of the European Parliament and of the Council of 29 March 1996 adopting an action plan to combat cancer within the framework for action in the field of public health (1996-2000) and in particular Article 6(2) thereof,

Decision No 647/96/EC of the European Parliament and of the Council of 29 March 1996 adopting a programme of Community action on the prevention of AIDS and certain other communicable diseases within the framework for action in the field of public health (1996-2000) and in particular Article 6(2) thereof,

Decision No 102/97/EC of the European Parliament and of the Council of 16 December 1996 adopting a programme of Community action on the prevention of drug dependence within the framework for action in the field of public health (1996-2000) and in particular Article 6(2) thereof,

Council Decision (95/593/EC) of 22 December 1995 on a medium-term Community action programme on equal opportunities for men and women (1996-2000) and in particular Article 6(1) thereof,

4. Description of operation

4.1 General objective

The Republic of Slovenia's participation in the five Community programmes concerned will further contribute to its preparation for accession as a key feature of a reinforced preaccession strategy. It will also enable the Republic of Slovenia to familiarise itself with the procedures and methods used in Community programmes in the fields of Health and Social policy.

The decision-making process for the opening-up of programmes involves a decision by the Association Council between the Union and the associated country. This decision also lays down the practical arrangements for opening up the programmes.

The Europe Agreement with the Republic of Slovenia entered into force on 01/02/99 and provides for the Republic of Slovenia's participation in a wide range of areas, amongst which are Health and Social policy.

Other Community programmes, notably in the fields of culture, energy, the environment, SMEs, research etc, have been or will shortly be opened up to the associated countries of Central Europe.

4.2 Period covered and arrangements for renewal

Until the end of the Community programmes concerned, i.e. 31.12.2000.

5. Classification of expenditure or revenue

5.1 Non-compulsory expenditure

5.2 Differentiated appropriations

5.3 Type of revenue involved

Since the Europe Agreement, Article 106 stipulates that the Republic of Slovenia itself will meet the costs resulting from its participation, it will be invited to transfer its contribution 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 the Republic of Slovenia'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 five programmes 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)

The calculation is based on the following preconditions:

- each partner country's contribution to the financing of the activities referred to in the Protocol is calculated according to the principle that the country bears the cost of participation itself. Heading 6091 has been created in the statement of budget revenue for that purpose;

- the Community may decide on a case-by-case basis to pay a supplement to the partner country's contribution. The supplement may be in the form of a contribution under the national PHARE programme. The Republic of Slovenia has stated that it will not avail itself of this possibility.

Based on the Europe Agreement with the Republic of Slovenia, the financial and budgetary arrangements for the five programmes concerned are as follows: the costs have been calculated on the basis of various parameters inherent in the five programmes, i.e. GDP per capita as weighted with PPP (purchasing power parities), population, and, where appropriate, health expenditure.

The cost of the Republic of Slovenia's participation in Health promotion from 1999 will be EURO 34.187 per year.

For Combating cancer the annual contribution will be EURO 59.256 from 1999.

For prevention of AIDS and other communicable diseases the annual contribution will be EURO 45.582 from 1999.

For Drug dependence the annual contribution will be EURO 22.791 from 1999.

For Equal opportunities for men and women the annual contribution will be EURO 33.792 from 1999.

The total of the above-mentioned contributions will be covered from the Republic of Slovenia's national budget.

7.2 Itemised breakdown of cost

in EURO

>TABLE>

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

None

7.4 Schedule of commitment and payment appropriations

The foreseeable annual receipts are as follows:

>TABLE>

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 and Eastern Europe.

9. Elements of cost-effectiveness analysis

9.1 Specific and quantified objectives; target population

The objective of participation in the Fourth Action Programme on equal opportunities between men and women is the raising of awareness for equal opportunities rights and practices within the general public and the enforcement of equality directives. A particular target group is constituted by lawyers and representatives of governmental and non-governmental institutions who are in charge of monitoring the respect of equal opportunities laws and policies.

Concerning the Health Programmes, each programme covers a specific and targeted population and defines yearly priorities covering target objectives. Minorities, low income citizens and all those whose quality of life is below average are more at risk and have lower health status. Particular attention will therefore be paid to this population.

9.2 Grounds for the operation

- Need for Community financial aid

Not requested by the Republic of Slovenia

- Choice of ways and means

The contribution from the Republic of Slovenia's national budget will help to familiarize the Republic of Slovenia with the internal policies and proceedings of the Community in the fields of Health and Social policy. The integration of Slovenian nationals in Community networks will contribute to the Republic of Slovenia's preparation 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 Slovenian entities' and citizens' capacity to respond to the calls for proposal to be launched by the Commission under the five programmes.

9.3 Monitoring and evaluation of the operation

The monitoring and evaluation procedures included in the Health promotion, Combating cancer, AIDS prevention, Drug dependence and Equal opportunities for men and women programmes (notably in respect of evaluation, as included in the decisions establishing the five programmes) will also cover operations financed for Slovenian beneficiaries.

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

The administrative resources required will actually be mobilised following the annual Commission Decision on the allocation of resources, taking account in particular of manpower and additional amounts granted by the budgetary authority. The supplementary needs can not, in any case, prejudge the decision that the Commission will need to take concerning:

a) the request of new posts in the framework of the APB

b) the resources allocation

10.1 Effect on the number of posts

>TABLE>

(1) 0.25 per programme

(2) 0.1 per programme

10.2 Overall financial impact of additional human resources

(in EURO)

>TABLE>

* By using existing resources required to manage the operation (calculation based on titles A-1, A-2, A-4, A-5 and A-7).

The expenditure of item A-7002 (technical assistance) will be met from the receipts (art. 4§2, third indent of the Financial Regulation) received from the Slovenian participation in Community programmes (see 5.3. of the Financial Statement).

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

(in EURO)

>TABLE>

The above expenditure will be met from the receipts (Article 4(2), third indent of the financial regulation) received from the Slovene participation in Community Programmes (see § 5.3 of the financial statement).