Decision No 3/98 of the Association Council, association between the European Communities and their Member States, of the one part, and Romania, of the other part of 14 December 1998 adopting the terms and conditions for the participation of Romania in the Community programmes in the field of culture
Date: 1998-12-14
Institutions: EC–Romania Association Council
Subjects: EU programme, Romania, association agreement (EU), cultural policy, financing of the EU budget

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DECISION  No  3/98  OF  THE  ASSOCIATION  COUNCIL,

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

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

of  14  December  1998

(1999/108/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 (2),  concerning
Romania’s participation in Community programmes, and
in  particular  Articles  1  and  2  thereof,

Whereas,  according  to  Article  1  of  the  said  Additional
Protocol,  Romania  may  participate 
in  Community
framework 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 Romania in the activities referred to in Article 1 are to
be  decided  by  the  Association  Council,

Article  1

Romania  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  the  duration  of  the
programmes.

Article  3

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

Done  at  Brussels,  14  December  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.

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ANNEX  I

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

1. Romania  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  Romania  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 Romania 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. Romania 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  Romania  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  Romania  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
Romania  in  the  programmes  will  be  continuously  monitored  on  a  partnership  basis  involving  Romania
and  the  Commission  of  the  European  Communities.  Romania  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,  Romania  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 Romania 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.

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ANNEX  II

FINANCIAL  CONTRIBUTION  OF  ROMANIA  TO  KALEIDOSCOPE,  ARIANE  AND  RAPHAEL

1.

The  financial  contribution  of  Romania  will  cover:

— financial  support  from  the  programmes  to  Romanian  participants,

— supplementary costs of an administrative nature related to the management of the programmes 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  the  programmes  by  the  Romanian  beneficiaries  will  not  exceed  the  contribution  paid  by
Romania,  after  deduction  of  the  supplementary  costs  of  an  administrative  nature.

Should  the  contribution  paid  by  Romania  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  Romanian  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
comes  to  an  end,  the  corresponding  amount  will  be  reimbursed  to  Romania.

3.

Kaleidoscope

Romania’s  annual  contribution  will  be  of  ECU  129 188  from  1998.  From  this  sum,  an  amount  of
ECU  8 452  will  cover  supplementary  costs  of  an  administrative  nature  related  to  the  management  of
the  programme  by  the  Commission  stemming  from  Romania’s  participation.

4.

Ariane

Romania’s annual contribution will be of ECU 36 701 from 1998. From this sum, an amount of ECU
2 401  will  cover  supplementary  costs  of  an  administrative  nature  related  to  the  management  of  the
programme  by  the  Commission  stemming  from  Romania’s  participation.

5.

Raphael

Romania’s  annual  contribution  will  be  of  ECU  158 548  from  1998.  From  this  sum,  an  amount  of
ECU 10 372 will cover supplementary costs of an administrative nature related to the management of
the  programme  by  the  Commission  stemming  from  Romania’s  participation.

6.

The financial regulations applicable to the general budget of the Community will apply, notably to the
management  of  the  contribution  of  Romania.

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

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  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.

Romania  will  pay  the  supplementary  costs  of  an  administrative  nature  referred  to  in  paragraphs  3,  4
and  5  from  its  national  budget.

8.

Romania  will  pay  the  remaining  costs  of  its  participation  as  follows:

8.1. Ariane

In  1998,  ECU  17 150  from  its  national  budget  and  ECU  17 150  from  its  PHARE  allocation.

8.2. Kaleidoscope

In  1998,  ECU  60 368  from  its  national  budget  and  ECU  60 368  from  its  PHARE  allocation.

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8.3. Raphael

In  1998,  ECU  59 270  from  its  national  budget  and  ECU  88 906  from  its  PHARE  allocation.

In  1999,  ECU  73 908  from  its  national  budget  and  ECU  73 908  from  its  PHARE  allocation.

In  2000,  ECU  88 906  from  its  national  budget  and  ECU  59 270  from  its  PHARE  allocation.

8.4. The  PHARE  contribution  is  subject  to  regular  PHARE  programming  procedures.