Decision No 3/98 of the Association Council between the European Communities and their Member States, of the one part, and the Republic of Poland, of the other part, of 5 November 1998 adopting the terms and conditions for the participation of Poland in Community programmes in the field of culture
Date: 1998-11-05
Institutions: EC–Poland Association Council
Subjects: EU programme, Poland, association agreement (EU), cultural policy, financing plan

L 315/38

EN

Official Journal of the European Communities

25. 11. 98

DECISION No 3/98 OF THE ASSOCIATION COUNCIL

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

adopting the terms and conditions for the participation of Poland in Community
programmes in the field of culture

of 5 November 1998

(98/671/EC)

THE ASSOCIATION COUNCIL,

HAS DECIDED AS FOLLOWS:

Article 1

Poland shall participate in the European Community
programmes Kaleidoscope, Ariane and Raphael 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
programmes.

the duration of

the

Article 3

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

Done at Brussels, 5 November 1998.

For the Association Council

The President

W. SCH(cid:154)SSEL

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
Poland, of the other part (1),

Having regard to the Additional Protocol to the Europe
Agreement establishing an association between the Euro-
pean Communities and their Member States, of the one
part, and the Republic of Poland, of the other part (2),
concerning
in Community
programmes, and in particular Article 1 and 2 thereof,

participation

Poland’s

Whereas, according to Article 1 of the said Additional
Protocol, Poland may participate in Community frame-
work programmes, specific programmes, projects or other
Community actions notably in the field of culture;

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

(1) OJ L 348, 31. 12. 1993, p. 2.
(2) OJ L 317, 30. 12. 1995, p. 35.

25. 11. 98

EN

Official Journal of the European Communities

L 315/39

ANNEX I

TERMS AND CONDITIONS FOR THE PARTICIPATION OF THE REPUBLIC OF POLAND IN
THE PROGRAMMES KALEIDOSCOPE, ARIANE AND RAPHAEL

1. Poland will participate in all activities of the programmes Kaleidoscope, Ariane and Raphael (hereinafter
called ‘the programmes') in conformity, unless otherwise provided in this Decision, with the objectives,
criteria, procedures and time limits laid down in Decision No 719/96/EC of the European Parliament and
of the Council of 29 March 1996 establishing a programme to support artistic and cultural activities having
a European dimension (1) (hereinafter called ‘Kaleidoscope'), Decision No 2085/97/EC of the European
Parliament and of the Council of 6 October 1997 establishing a programme of support,
including
translation, in the field of books and reading (2) (hereinafter called ‘Ariane') and Decision No 2228/97/EC
of the European Parliament and of the Council of 13 October 1997 establishing a Community action
programme in the field of cultural heritage (3)

(hereinafter called ‘Raphael').

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

3. To ensure the Community dimension of the programmes, transnational projects and activities proposed by
Poland 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. Poland 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 Poland 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 Poland 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
Communities in relation to the monitoring and evaluation of the programmes pursuant to the Decisions
concerning Kaleidoscope, Ariane and Raphael (Articles 8, 8 and 10 respectively), the participation of
Poland in the programmes will be continuously monitored on a partnership basis involving Poland and the
Commission of the European Communities. Poland 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 Kaleidoscope, Article 5 of
the Decision on Ariane and Article 7 of the Decision on Raphael, Poland will be invited to any
coordination meetings on questions concerning the implementation of this Decision prior to the regular
meetings of the programme committees. The Commission will inform Poland 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.

(1) OJ L 99, 20. 4. 1996, p. 20.
(2) OJ L 291, 24. 10. 1997, p. 26.
(3) OJ L 305, 8. 11. 1997, p. 31.

L 315/40

EN

Official Journal of the European Communities

25. 11. 98

ANNEX II

FINANCIAL CONTRIBUTION OF THE REPUBLIC OF POLAND TO KALEIDOSCOPE,
ARIANE AND RAPHAEL

1. The financial contribution of Poland will cover:

— financial support from the programmes to Polish participants,

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

Commission stemming from Poland’s participation.

2. For every financial year, the aggregated amount of subsidies or any other financial support received from
the programmes by the Polish beneficiaries will not exceed the contribution paid by Poland, after
deduction of the supplementary costs of an administrative nature.

Should the contribution paid by Poland to the general budget of the European Communities, after
deduction of the supplementary costs of an administrative nature, be higher than the aggregated amount of
subsidies or other financial support received by the Polish 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 Poland.

3. Kaleidoscope

Poland’s annual contribution will be of ECU 266 284 from 1998. From this sum, an amount of ECU
17 420 will cover supplementary costs of an administrative nature related to the management of the
programme by the Commission stemming from Poland’s participation.

4. Ariane

Poland’s annual contribution will be ECU 75 649 from 1998. From this sum, an amount of ECU 4 949 will
cover supplementary costs of an administrative nature related to the management of the programme by the
Commission stemming from Poland’s participation.

5. Raphael

Poland’s annual contribution will be ECU 326 804 from 1998. From this sum, an amount of ECU 21 380
will cover supplementary costs of an administrative nature related to the management of the programme by
the Commission stemming from Poland’s participation.

6. The financial regulations applicable to the general budget of the Community will apply, notably to the

management of the contribution of Poland.

Upon entry into force of this Decision and at the beginning of each following year, the Commission will
send to Poland 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.

Poland 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 Poland 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 %.

7. Poland will pay the supplementary costs of an administrative nature referred to in paragraphs 3, 4 and 5

from its national budget.

8. Poland shall pay 3 %, 13 % and 23 % of the remaining cost of its participation in the programmes from

its national budget of 1998, 1999 and 2000 respectively.

Subject to the PHARE programming procedures, the remaining 97 %, 87 % and 77 % will be paid from
Poland’s annual PHARE national indicative programmes of 1998, 1999 and 2000 — subject to the
availability in 2000 of the relevant budgetary appropriations.