Proposal for a Council Decision concerning the Community position within the Association Council on the participation of Slovenia in the Community programme in the field of small and medium-sized enterprises
Date: 1999-02-18
Institutions: European Commission
Subjects: EU programme, Slovenia, association agreement (EU), small and medium-sized enterprises

30.3.1999

EN

Official  Journal  of  the  European  Communities

C  89/53

Proposal  for  a  Council  Decision  concerning  the  Community  position  within  the  Association
Council on the Slovenia’s participation in the Community programme in the field of small and
medium-sized  enterprises

(1999/C  89/07)

COM(1999)  72  final  —  99/0054(CNS)

(Submitted  by  the  Commission  on  22  February  1999)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

Having  regard  to  the  Treaty  establishing  the  European
Community,  and  in  particular  Article  130,  paragraph  3,
in  conjunction  with  Article  228,  paragraph  3,  1st  alinea
thereof,

Having  regard  to  the  proposal  from  the  Commission,

Having  regard 
Parliament,

to 

the  opinion  of 

the  European

the  Europe  Agreement 

Whereas 
establishing  an
association between the European Communities and their
Member  States,  of  the  one  part,  and  Slovenia,  of  the
other  part,  has  been  concluded  by  Decision  of  the
Council  and  the  Commission  of  21  December  1998,

Whereas  according  to  Article  106  of  the  Europe
in  Community
Agreement,  Slovenia  may  participate 
framework  programmes,  specific  programmes,  projects
and  other  actions  notably  in  the  field  of  small  and
medium-sized  enterprises  and  the  terms  and  conditions
for  participation  of  Slovenia  in  the  activities  shall  be
decided  by  the  Association  Council,

Whereas 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,
provide  that  this  programme  shall  be  open  to  the

participation of associated Central European countries in
accordance  with  the  conditions  set  out  in  the  Additional
Protocols (2) 
the  Association  Agreements  on
participation  in  Community  programmes;

to 

in  the  programme
Whereas  successful  participation 
requires  competent  management  and  a  well-prepared
administration;

HAS  DECIDED  AS  FOLLOWS:

The  position  to  be  taken  by  the  Community  within  the
Association Council established by the Europe Agreement
between  the  European  Communities  and  their  Member
States,  of  the  one  part,  and  Slovenia,  of  the  other  part,
concerning 
the
in  the  field  of  small  and
Community  programme 
medium-sized enterprises is the attached draft decision of
the  Association  Council.

the  participation  of  Slovenia 

in 

Done  at  . . .

For  the  Council

. . .

Chairman

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

(2)  In  the  case  of  Slovenia,  the  conditions  for  participation  in
Community  programmes  are  set  out  in  Article  106  and
Annex  XI  of  the  Association  Agreement.

C  89/54

EN

Official  Journal  of  the  European  Communities

30.3.1999

Draft
DECISION  No  . . ./. . .  OF  THE  EC-SLOVENIA  ASSOCIATION  COUNCIL

of  . . .

adopting the terms and conditions for Slovenia’s participation in the Community Programme in
the  field  of  small  and  medium-sized  enterprises

THE  ASSOCIATION  COUNCIL,

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  Slovenia,  of  the
other  part (1),  and  in  particular  Article  106  thereof,

Whereas  according  to  Article  106  of  the  Europe  Agreement,  Slovenia  may  participate  in
Community framework programmes, specific programmes, projects or other Community actions
notably  in  the  field  of  small  and  medium-sized  enterprises,

Whereas  according  to  Article  106  of  the  Europe  Agreement  the  terms  and  conditions  for  the
participation  of  Slovenia  in  the  activities  referred  to  in  Article  1  are  to  be  decided  by  the
Association  Council,

HAS  DECIDED  AS  FOLLOWS:

Article  1

Slovenia  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.

This  Decision  shall  apply  for  the  duration  of  the  programme.

Article  2

Article  3

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

Done  at  . . .

For  the  Association  Council

. . .

Chairman

(1)  OJ  L  51,  26.2.1999,  p.  2.

30.3.1999

EN

Official  Journal  of  the  European  Communities

C  89/55

ANNEX  I

Terms  and  conditions  for  Slovenia’s  participation  in  the  Third  Multiannual  Programme  for  Small  and
Medium-sized  Enterprises  (SMEs)  in  the  European  Union  (1997  to  2000)

1.  Slovenia  will  participate  in  the  activities  of  the  Third  Multiannual  Programme  for  Small  and
Medium-sized  Enterprises  (SMEs)  in  the  European  Union  (1997  to  2000)  (hereinafter  called  ‘the
programme’)  in  conformity,  unless  otherwise  provided  in  this  Decision,  with  the  objectives,  criteria,
procedures  and  timelimits  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)  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  Slovenia  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 Slovenia 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.  Slovenia 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 Slovenia will make every effort, within the framework of the
existing  provisions,  to  facilitate  the  free  movement  and  residence  of  all  persons  eligible  under  the
programme  moving  between  Slovenia  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 Slovenia in the programme will be continuously evaluated on a partnership basis
involving  Slovenia  and  the  Commission  of  the  European  Communities.  Slovenia  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-size  Enterprises  (SMEs)  in  the  European  Union,  Slovenia  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  Slovenia  about  the
results  of  such  regular  meetings.

8.  The language to be used as regards the applications process, contracts, reports to be submitted and other
administrative  arrangements  for  the  Programme,  will  be  one  of  the  official  languages  of  the
Community.

C  89/56

EN

Official  Journal  of  the  European  Communities

30.3.1999

ANNEX  II

Slovenia’s  financial  contribution  to  the  Third  Multiannual  Programme  for  Small  and  Medium-sized
Enterprises  (SMEs)  in  the  European  Union  (1997  to  2000)

1.  Slovenia’s  financial  contribution  will  cover:

—  financial  support  from  the  programme  for  the  participation  of  Slovenian  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  Slovenia’s  participation.

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

Should  the  contribution  paid  by  Slovenia  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 Slovenian 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  Slovenia.

3.  Slovenia’s  annual  contribution  will  be  EUR  506 324  from  1999.  From  this  sum,  an  amount  of  EUR
33 124  will  cover  supplementary  administrative  costs  related  to  the  management  of  the  programme  by
the  Commission  stemming  from  Slovenia’s  participation.

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

management  of  Slovenia’s  contribution.

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

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

Slovenia 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  give  rise  to  the  payment  of  interest  by  Slovenia  on  the  outstanding  amount  from  the  due
date. The interest rate corresponds to the rate applied by the ECB, for the month of the due date, for its
operations  in  euros  increased  by  1,5  percentage  points.

5.  Slovenia  will  pay  the  supplementary  administrative  costs  referred  to  in  paragraph  3  from  its  national

budget.

6.  Slovenia  will  pay  EUR  236 600  of  the  remaining  costs  of  its  participation  in  the  Programme  from  its

national budget.

7.  Subject  to  regular  PHARE  programming  procedures,  the  remaining  EUR  236 600  will  be  paid  from

Slovenia’s  annual  PHARE  allocation.