Decision No 1/98 of the Association Council, association between the European Communities and their Member States, of the one part, and Romania, of the other part of 15 September 1998 adopting the terms and conditions for the participation of Romania in the financial instrument of the Community in the field of environment
Date: 1998-09-15
Institutions: EC–Romania Association Council
Subjects: EU financial instrument, EU programme, Romania, association agreement (EU), environmental policy, financing of the EU budget

9.2.1999

EN

Official  Journal  of  the  European  Communities

L 35/1

II

(Acts  whose  publication  is  not  obligatory)

COUNCIL

DECISION  No  1/98  OF  THE  ASSOCIATION  COUNCIL,

association  between  the  European  Communities  and  their  Member  States,  of  the  one  part,  and
Romania,  of  the  other  part

of  15  September  1998

adopting the terms and conditions for the participation of Romania in the financial instrument
of  the  Community  in  the  field  of  environment

(1999/106/EC)

THE  ASSOCIATION  COUNCIL,

HAS  DECIDED  AS  FOLLOWS:

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  Association  Council  shall  decide  the  terms
and  conditions  for  the  participation  of  Romania  in  the
activities  referred  to  in  Article  1  thereof,

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 on the first day of the
month  following  its  adoption.

Done  at  Brussels,  15  September  1998.

For  the  Association  Council

The  President

A.  G.  PLESU

(1) OJ  L  357,  31.12.1994,  p.  2.
(2) OJ  L  317,  30.12.1995,  p.  40.

L 35/2

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Official  Journal  of  the  European  Communities

9.2.1999

ANNEX  I

TERMS  AND  CONDITIONS  FOR  THE  PARTICIPATION  OF  ROMANIA  IN  LIFE

1. Romania  will  participate  in  all  actions  of  the  Community  financial  instrument  for  the  environment
(hereinafter  called  ‘LIFE’)  in  accordance  with  the  objectives,  criteria,  procedures  and  time  limits  laid
down in Council Regulation (EC) No 1404/96 of 15 July 1996 amending Regulation (EEC) No 1973/92
establishing  a  financial  instrument  for  the  environment  (LIFE)  (hereinafter  called  ‘the  Regulation  on
LIFE’) (1).

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  LIFE  programme.

5. Romania will pay each year a contribution to the general budget of the European Communities 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. Within  the  framework  of  existing  provisions,  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 Court of Auditors of the European
Communities  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  Association  Committee.  The  Commission  will  inform  Romania  of
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.

(1) OJ  L  181,  20.7.1996,  p.  1.

9.2.1999

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Official  Journal  of  the  European  Communities

L 35/3

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  Romanian  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  general  budget  of  the  European  Communities,  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
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  of  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  ecus  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  ecus (1),  increased  by  1,5 %.

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.