Proposal for a Council Decision concerning the Community position within the Association Council on the participation of Slovenia in Community programmes in the fields of training, youth and education (1999/C 89/06) COM(1999) 71 final - 99/0052(CNS)

(Submitted by the Commission on 22 February 1999)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 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 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 1 February 1999.

Whereas, according to Article 106 of the Europe Agreement and to its Annex XI, Slovenia may participate in Community framework programmes, specific programmes, projects or other actions notably in the fields of training, youth and education, and the terms and conditions for the participation of Slovenia in these activities 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 (1), (hereinafter called 'Leonardo da Vinci`), and in particular Article 9(1) thereof, Decision No 818/95/EC of 14 March 1995 of the European Parliament and the Council adopting the third phase of the 'Youth for Europe` programme (2) and in particular Article 7(4) 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 field of education (3) (hereinafter called 'Socrates`) 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, on the one part, and the Republic Slovenia, of the other part, concerning the participation of Slovenia in Community programmes in the fields of training, youth and education, is the attached draft decision of the Association Council.

Done at . . .

For the Council

. . .

President

(1) OJ L 340, 29.12.1994, p. 8.

(2) OJ L 87, 20.4.1995, p. 1.

(3) OJ L 87, 20.4.1995, p. 10.

Draft DECISION No . . ./. . . OF THE EC-SLOVENIA ASSOCIATION COUNCIL of . . . adopting the terms and conditions for Slovenia's participation in Community programmes in the fields of training, youth and education

THE ASSOCIATION COUNCIL

Having regard to the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Slovenia, of the other (1), and in particular Article 106 thereof;

Whereas according to Article 106 of the Europe Agreement and its Annex XI, Slovenia may participate in Community framework programmes, specific programmes, projects or other actions notably in the fields of training, youth and education;

Whereas according to the same Article the terms and conditions for the participation of Slovenia in these activities shall be decided by the Association Council;

HAS DECIDED AS FOLLOWS:

Article 1

Slovenia shall participate in the European Community programmes Leonardo da Vinci, Youth for Europe 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 the Leonardo da Vinci, Youth for Europe and Socrates programmes.

Article 3

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

Done at . . .

For the Association Council

. . .

Chairman

(1) OJ L 51, 26.2.1999, p. 3.

ANNEX I

Terms and conditions for Slovenia's participation in the Leonardo da Vinci, Youth for Europe and Socrates programmes

1. Slovenia will participate in all activities of the Leonardo da Vinci, Youth for Europe and Socrates programmes (hereinafter called 'the programmes`) in conformity, unless otherwise provided in this Decision, with the objectives, criteria, procedures and deadlines as defined in Council Decision 94/819/EC establishing an action programme for the implementation of a European Community vocational training policy, Decision No 818/95/EC of the European Parliament and of the Council adopting the third phase of the 'Youth for Europe` programme 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 related to eligible institutions, organisations and individuals of Slovenia 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 the programmes so requires.

3. To ensure the Community dimension of the programmes, transnational projects and activities proposed by 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 programme. Projects and activities carried out solely between Slovenia 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 programmes is open, are not eligible for Community financial support.

4. In conformity with the terms of the relevant provisions of the Decisions on Leonardo da Vinci, Youth for Europe and Socrates, Slovenia 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 programmes.

5. Slovenia will pay a contribution each year to the general budget of the European Union 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.

6. The Member States of the Community and Slovenia will make every effort, within the framework of existing provisions, to facilitate the free movement and residence of students, teachers, university administrators, young people and other eligible persons moving between Slovenia 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 of the European Communities and the Court of Auditors of the European Community in relation to the monitoring and evaluation of the programmes pursuant to the Decisions concerning Leonardo da Vinci, Youth for Europe and Socrates (Articles 10, 9 and 8 respectively), the participation of Slovenia in the programmes will be continuously monitored on a partnership basis involving the Commission of the European Communities and Slovenia. Slovenia will submit to the Commission relevant reports and take part in other specific activities set out by the Community in that context.

8. Without prejudice to the procedures referred to in Article 6 of the Decision on Leonardo da Vinci, Article 6 of the Decision on Youth for Europe and Article 4 of the Decision on Socrates, Slovenia will be invited to coordination meetings on any question concerning the implementation of this Decision prior to the regular meetings of the Committees. The Commission will inform Slovenia 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 II

Slovenia's financial contribution to Leonardo da Vinci, Socrates and Youth for Europe

1. Slovenia's financial contribution will cover:

- subsidies or any other financial support from the programmes to Slovene participants,

- financial support from the programmes to the functioning of the national agencies, where applicable,

- supplementary administrative costs related to the management of the programmes by the Commission stemming from 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 and by the national agencies of Slovenia will not exceed the contribution paid by Slovenia, after deduction of the supplementary administrative costs.

Should the contribution paid by Slovenia 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 by the Slovene beneficiaries and by the national agencies from the programmes, 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 Slovenia.

3. Leonardo da Vinci

Slovenia's annual contribution will be EUR 1 006 000 in 1999. From this sum, an amount of EUR 66 000 will cover supplementary administrative costs related to the management of the programme by the Commission stemming from Slovenia's participation.

4. Socrates

Slovenia's annual contribution will be EUR 856 000 in 1999. From this sum, an amount of EUR 56 000 will cover supplementary administrative costs related to the management of the programme by the Commission stemming from Slovenia's participation.

5. Youth for Europe

Slovenia's annual contribution will be EUR 321 000 in 1999 for participating in all the actions of the programme, except Action D.

From this sum, an amount of EUR 21 000 in 1999 will cover supplementary administrative costs related to the management of the programme by the Commission stemming from Slovenia's participation.

6. The financial regulation applicable to the general budget of the European Union will also apply to the management of Slovenia's contribution.

After the entry into force of this Decision the Commission will send Slovenia a call for funds corresponding to its contribution to the costs under this Decision.

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

The calculation of the annual contribution is based on a participation during a full financial year. Should be 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.

Slovenia will pay its contribution to the annual costs under this Decision according to the call for founds, 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 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 euros (1), increased by 1,5 percentage points.

7. Slovenia will pay the supplementary administrative costs referred to in paragraphs 3, 4 and 5 from its national budget.

8. Of the remainder of its annual contribution to the Leonardo da Vinci programme, referred to in paragraph 3, Slovenia will pay EUR 470 000 from its national budget in 1999. Subject to regular PHARE programming procedures, EUR 470 000 will be paid from Slovenia's annual PHARE National Programme of 1999.

Of the remainder of its annual contribution to the Socrates programme, referred to in paragraph 4, Slovenia will pay EUR 400 000 from its national budget in 1999. Subject to regular PHARE programming procedures, EUR 400 000 will be paid from Slovenia's annual PHARE national programme of 1999.

Of the remainder of its annual contribution to the Youth for Europe programme, referred to in paragraph 5, Slovenia will pay EUR 150 000 from its national budget in 1999. Subject to regular PHARE programming procedures, EUR 150 000 will be paid from Slovenia's annual PHARE national programme of 1999.

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