Decision No 3/98 of the Association Council, association between the European Communities and their Member States, of the one part, and the Slovak Republic, of the other part of 4 November 1998 adopting the terms and conditions for the participation of the Slovak Republic in the Community programme in the field of small and medium-sized enterprises
Date: 1998-11-04
Institutions: EC–Slovakia Association Council
Subjects: EU programme, Slovakia, association agreement (EU), financing of the EU budget, small and medium-sized enterprises

9.2.1999

EN

Official  Journal  of  the  European  Communities

L 35/39

DECISION  No  3/98  OF  THE  ASSOCIATION  COUNCIL,

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

adopting  the  terms  and  conditions  for  the  participation  of  the  Slovak  Republic  in  the
Community  programme  in  the  field  of  small  and  medium-sized  enterprises

of  4  November  1998

(1999/115/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 the Slovak Republic,
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  the  Slovak  Republic,  of  the  other  part (2),
concerning 
in
Community programmes, and in particular Articles 1 and
2  thereof,

the  Slovak  Republic’s  participation 

the  Slovak  Republic  may  participate 

Whereas  according  to  Article  1  of  the  said  Additional
in
Protocol 
Community 
specific
programmes,  projects  or  other  Community  actions
notably 
field  of  small  and  medium-sized
enterprises;

programmes, 

framework 

the 

in 

Article  1

The  Slovak  Republic  shall  participate 
in  the  third
multiannual  programme  for  small  and  medium-sized
enterprises  (SMEs)  in  the  European  Union  (1997  to
2000)  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
programme.

Article  3

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

Done  at  Brussels,  4  November  1998.

Whereas  according  to  Article  2  of  the  said  Additional
Protocol the terms and conditions for the participation of
the  Slovak  Republic  in  the  activities  referred  to  in
Article  1  are  to  be  decided  by  the  Association  Council,

For  the  Association  Council

The  President

E.  KUKAN

(1) OJ  L  359,  31.12.1994,  p.  2.
(2) OJ  L  115,  9.5.1996,  p.  43.

L 35/40

EN

Official  Journal  of  the  European  Communities

9.2.1999

ANNEX  I

TERMS  AND  CONDITIONS  FOR  THE  PARTICIPATION  OF  THE  SLOVAK  REPUBLIC  IN  THE
THIRD  MULTIANNUAL  PROGRAMME  FOR  SMALL  AND  MEDIUM-SIZED  ENTERPRISES  (SMEs)
IN  THE  EUROPEAN  UNION  (1997  TO  2000)

1. The  Slovak  Republic  will  participate  in  all  activities  of  the  third  multiannual  programme  for  small  and
medium-sized  enterprises  (SMEs)  in  the  European  Union  (1997  to  2000)  (hereinafter  called  ‘the
programme’),  except  distributive  trade,  in  conformity,  unless  otherwise  provided  in  this  Decision,  with
the  objectives,  criteria,  procedures  and  time  limits  laid  down  in  Council  Decision  97/15/EC  of
9 December 1996 on a third multiannual programme for small and medium-sized enterprises (SMEs) in
the  European  Union  (1997  to  2000) (1),  and  in  particular  Article  7(1)  thereof.

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

3. Where  appropriate,  in  order  to  ensure  the  Community  dimension  of  the  programme,  transnational
projects and activities proposed by the Slovak Republic 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  programme,  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.

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

5. The  Member  States  of  the  Community  and  the  Slovak  Republic  will  make  every  effort,  within  the
framework of the existing provisions, to facilitate the free movement and residence of all eligible persons
to  the  programme  moving  between  the  Slovak  Republic  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  evaluation  of  the  programme  according  to  the  Decision  on  a  third
multiannual  programme  for  small  and  medium-sized  enterprises  (SMEs)  in  the  European  Union
(Article 6), the participation of the Slovak Republic in the programme will be continuously evaluated on
a  partnership  basis  involving  the  Slovak  Republic  and  the  Commission  of  the  European  Communities.
The Slovak Republic 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  4  of  the  Decision  on  a  third  multiannual
programme for small and medium-sized enterprises (SMEs) in the European Union, the Slovak Republic
will be invited to coordination meetings on any question concerning the implementation of this Decision
prior  to  regular  meetings  of  the  Programme  Committee.  The  Commission  will  inform  the  Slovak
Republic  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  programme  will  be  one  of  the  official  languages  of  the
Community.

(1) OJ  L  6,  10.1.1997,  p.  25.

9.2.1999

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Official  Journal  of  the  European  Communities

L 35/41

ANNEX  II

FINANCIAL  CONTRIBUTION  OF  THE  SLOVAK  REPUBLIC  TO  THE  THIRD  MULTIANNUAL
PROGRAMME  FOR  SMALL  AND  MEDIUM-SIZED  ENTERPRISES  (SMEs)  IN  THE  EUROPEAN
UNION  (1997  TO  2000)

1. The  financial  contribution  of  the  Slovak  Republic  will  cover:

— financial  support  from  the  programme  to  the  participation  of  Slovak  entities  in  activities  as  defined

in  Annex  I.1,

— supplementary costs of an administrative nature related to the management of the programme by the

Commission  stemming  from  the  Slovak  Republic’s  participation.

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

Should  the  contribution  paid  by  the  Slovak  Republic  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 Slovak beneficiaries from the programme,
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 programme comes to an end,
the  corresponding  amount  will  be  reimbursed  to  the  Slovak  Republic.

3. The Slovak Republic’s annual contribution will be ECU 288 900 from 1998. From this sum, an amount
of  ECU  18 900  will  cover  supplementary  administrative  costs  related  to  the  management  of  the
programme  by  the  Commission  stemming  from  the  Slovak  Republic’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  the  Slovak  Republic.

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

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

The  Slovak  Republic  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  Slovak  Republic  on  the  outstanding
amount from the due date. The interest rate corresponds to the rate applied by the European Monetary
Cooperation  Fund,  for  the  month  of  the  due  date,  for  its  operations  in  ecus,  increased  by  1,5 %.

5. The Slovak Republic will pay the supplementary administrative costs referred to in paragraph 3 from its

national budget.

6. The Slovak Republic will pay 50 % of the remaining costs of its participation in the programme from its

national budget.

Subject  to  regular  PHARE  programming  procedures,  the  remaining  50 %  will  be  paid  from  the  Slovak
Republic’s  annual  PHARE  allocation.