Decision No 5/98 of the Association Council, association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part of 23 November 1998 adopting the terms and conditions for the participation of the Republic of Bulgaria in Community programmes in the fields of health and social policy
Date: 1998-11-23
Institutions: EC–Bulgaria Association Council
Subjects: Bulgaria, EU programme, association agreement (EU), financing of the EU budget, health policy, social policy

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Official  Journal  of  the  European  Communities

9.2.1999

DECISION  No  5/98  OF  THE  ASSOCIATION  COUNCIL,

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

of  23  November  1998

adopting  the  terms  and  conditions  for  the  participation  of  the  Republic  of  Bulgaria  in
Community  programmes  in  the  fields  of  health  and  social  policy

(1999/112/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  Republic  of
Bulgaria,  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 Republic of Bulgaria, of the other part,
concerning  Bulgaria’s  participation 
in  Community
programmes (2),  and  in  particular  Articles  1  and  2
thereof,

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

Article  1

Bulgaria  shall  participate  in  the  European  Community
programmes  combating  cancer  and  prevention  of  AIDS
and  other  communicable  diseases  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 first day of the
month  following  the  day  of  its  adoption.

Done  at  Brussels,  23  November  1998.

For  the  Association  Council

The  President

N.  MIHAILOVA

(1) OJ  L  358,  31.12.1994,  p.  2.
(2) OJ  L  317,  30.12.1995,  p.  25.

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Official  Journal  of  the  European  Communities

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ANNEX  I

TERMS  AND  CONDITIONS  FOR  THE  PARTICIPATION  OF  THE  REPUBLIC  OF  BULGARIA  IN
THE  PROGRAMMES  COMBATING  CANCER  AND  PREVENTION  OF  AIDS  AND  OTHER
COMMUNICABLE  DISEASES

1. Bulgaria  will  participate  in  all  activities  of  the  programmes  combating  cancer  and  prevention  of  AIDS
and  other  communicable  diseases  (hereinafter  called  ‘the  programmes’)  in  conformity,  unless  otherwise
provided  in  the  Decision,  with  the  objectives,  criteria,  procedures  and  deadlines  as  defined  in  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  to  2000) (1),
and in particular Article 6(2) thereof and 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
to  2000) (2),  and  in  particular  Article  6(2)  thereof.

2. The terms and conditions for the submission, assessment and selection of applications related to eligible
institutions, organisations and individuals of Bulgaria 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  Bulgaria  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. Bulgaria 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 Bulgaria 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  Bulgaria  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 combating cancer and prevention of AIDS and other communicable diseases, (Articles 7 and
7  respectively),  the  participation  of  Bulgaria  in  the  programmes  will  be  continuously  monitored  on  a
partnership  basis  involving  Bulgaria  and  the  Commission  of  the  European  Communities.  Bulgaria  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  combating  cancer  and
Article  5  of  the  Decision  on  prevention  of  AIDS  and  other  communicable  diseases,  Bulgaria  will  be
invited  to  any  coordination  meeting  on  any  question  concerning  the  implementation  of  this  Decision
prior to the regular meetings of the programme committees. The Commission will inform Bulgaria 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  95,  16.4.1996,  p.  9.
(2) OJ  L  95,  16.4.1996,  p.  16.

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Official  Journal  of  the  European  Communities

9.2.1999

ANNEX  II

FINANCIAL CONTRIBUTION OF THE REPUBLIC OF BULGARIA TO COMBATING CANCER AND
PREVENTION  OF  AIDS  AND  OTHER  COMMUNICABLE  DISEASES

1. The  financial  contribution  of  Bulgaria  will  cover:

— financial  support  from  the  programmes  to  Bulgarian  participants,

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

the  Commission  stemming  from  Bulgaria’s  participation.

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

Should  the  contribution  paid  by  Bulgaria  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 Bulgarian 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  Bulgaria.

3. Combating  cancer

Bulgaria’s  annual  contribution  will  be  of  ECU  71 914  from  1998.  From  this  sum,  an  amount  of  ECU
4 704 will cover supplementary administrative costs related to the management of the programme by the
Commission  stemming  from  Bulgaria’s  participation.

4. Prevention  of  AIDS  and  other  communicable  diseases

Bulgaria’s  annual  contribution  will  be  of  ECU  55 319  from  1998.  From  this  sum,  an  amount  of  ECU
3 619 will cover supplementary administrative costs related to the management of the programme by the
Commission  stemming  from  Bulgaria’s  participation.

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

management  of  the  contribution  of  Bulgaria.

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

Bulgaria 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  Bulgaria  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 %.

6. Bulgaria will pay the supplementary costs of an administrative nature referred to in paragraphs 3 and 4

from  its  national  budget.

7. For  the  programme  ‘Combating  cancer’,  Bulgaria  will  pay  20 %  (ECU  13 442)  in  1998,  40 %  (ECU
26 884)  in  1999  and  60 %  (ECU  40 326)  in  2000  of  the  remaining  cost  of  its  participation  from  its
national budget.

Subject  to  regular  PHARE  programming  procedures,  the  remaining  80 %  (ECU  53 768)  in  1998,  60 %
(ECU  40 326)  in  1999  and  40 %  (ECU  26 884)  in  2000  will  be  paid  from  Bulgaria’s  annual  PHARE
allocation.

For  the  programme  ‘Prevention  of  AIDS  and  other  communicable  diseases’,  Bulgaria  will  pay  20 %
(ECU  10 340) in 1998, 40 % (ECU 20 680) in 1999 and 60 % (ECU 31 020) in 2000 of the remaining
cost  of  its  participation  from  its  national  budget.

Subject  to  regular  PHARE  programming  procedures,  the  remaining  80 %  (ECU  41 360)  in  1998,  60 %
(ECU  31 020)  in  1999  and  40 %  (ECU  20 680)  in  2000  will  be  paid  from  Bulgaria’s  annual  PHARE
allocation.