Proposal for a Council Decision concerning the conclusion of an Agreement between the Community and Malta adopting the terms and conditions for the participation of Malta in Community programmes in the fields of training, education and youth
Date: 2000-07-06
Institutions: European Commission
Subjects: EU financing, EU programme, Malta, education, vocational training

C 337 E/172

EN

Official Journal of the European Communities

28.11.2000

for a Council Decision concerning the conclusion of an agreement between the
Proposal
Community and Malta adopting the terms and conditions for the participation of Malta in
Community programmes in the fields of training, education and youth

(2000/C 337 E/29)

COM(2000) 416 final (cid:16) 2000/0176(CNS)

(Submitted by the Commission on 6 July 2000)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Articles 149 and 150,
in
conjunction with Article 300(2) and the first sub-paragraph
of Article 300(3) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas:

as

set out

(1) The participation of Malta in Community programmes is
the pre-accession strategy for
an important element of
Malta
in the Council Regulation (EC)
No 555/2000 of 13 March 2000 on the implementation
of operations
the pre-accession
strategy for the Republic of Cyprus and the Republic of
Malta (1).

in the framework of

(2) Council Decision (1999/382/EC) of 26 April 1999 estab-
the Community vocational
lishing the second phase of
training action programme 9Leonardo da Vinci; (2), and in
particular Article 10 thereof, Decision (253/2000/EC) of
24 January 2000 of
the European Parliament and the
Council establishing the second phase of the Community
action programme in the field of education 9Socrates; (3),
and Decision
and in particular Article 12 thereof,
the European
(1031/2000/EC) of 13 April 2000 of
Parliament
9Youth;
and the Council
and in particular
Community
Article 11 thereof, provide that these programmes shall
be open to the participation of Malta.

action programme (4),

establishing the

negotiated, on behalf of
agreement
programmes.

to enable Malta

the European Community, an
in these

to participate

(4) This Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Community and Malta
adopting the terms and conditions for the participation of
training,
Malta in Community programmes in the fields of
education and youth is hereby approved on behalf of
the
European Community.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorised to appoint
the person(s) empowered to sign the Agreement in order to
bind the Community.

Article 3

The President of
the
Community, give the notifications provided for in Article 4
of the Agreement.

shall, on behalf of

the Council

Article 4

(3) In conformity with the negotiating guidelines adopted by
the Council on 14 February 2000, the Commission has

This Decision shall be published in the Official Journal of the
European Communities.

(1) OJ L 68, 16.3.2000 p. 3.
(2) OJ L 146, 11.6.1999, p. 33.
(3) OJ L 28, 3.2.2000, p. 1.
(4) OJ L 117, 18.5.2000, p. 1.

28.11.2000

EN

Official Journal of the European Communities

C 337 E/173

between the European Community and Malta adopting the terms and conditions for the partici-
pation of Malta in Community programmes in the fields of training, education and youth

DRAFT AGREEMENT

THE EUROPEAN COMMUNITY, of the one part, and

MALTA, of the other part,

Whereas:

Socrates (9Leonardo da Vinci
II; and 9Socrates II;) and, from
2001, in the 9Youth; Community action programme (9Youth;)
according to the terms and conditions set out in Annexes I and
II which shall form an integral part of this Agreement.

(1) Council Decision (1999/382/EC) of 26 April 1999 estab-
lishing the second phase of
the Community vocational
training action programme 9Leonardo da Vinci; (1), and in
particular Article10 thereof, and Decision (253/2000/EC) of
24 January 2000 of
the European Parliament and the
Council establishing the second phase of the Community
action programme in the field of education 9Socrates; (2),
and Decision
and in particular Article 12 thereof,
the European
(1031/2000/EC) of 13 April 2000 of
Parliament
9Youth;
and the Council
Community
and in particular
Article 11 thereof, provide that these programmes shall
be open to the participation of Malta.

action programme (3),

establishing the

(2) Malta has expressed the wish to participate in these

programmes.

(3) The participation of Malta in these programmes constitutes
a significant step in the pre-accession strategy of Malta as
set out in the Council Regulation (EC) No 555/2000 of
13 March 2000 on the implementation of operations in
the
the framework of
Republic of Cyprus and the Republic of Malta (4),

the pre-accession strategy for

Article 2

This Agreement shall apply for the duration of Leonardo da
Vinci II and Socrates II, starting on 1 January 2000 and, in the
case of Youth,
the
programme.

from 1 January 2001 to the end of

Article 3

This Agreement shall apply, on the one hand, to the territories
in which the Treaty establishing the European Community is
applied and under the conditions laid down in that Treaty and,
on the other, to the territory of Malta.

Article 4

This Agreement shall enter into force on the day of the notifi-
cation by the Contracting Parties of the completion of their
respective procedures.

HAVE AGREED AS FOLLOWS:

Article 5

Article 1

Malta shall participate, from 2000, in the second phase of the
European Community programmes Leonardo da Vinci and

This Agreement is drawn up in duplicate in the Danish, Dutch,
Italian, Portuguese,
English, French, Finnish, German, Greek,
Spanish and Swedish languages, each of
these texts being
equally authentic.

(1) OJ L 146, 11.6.1999, p. 33.
(2) OJ L 28, 3.2.2000, p. 1.
(3) OJ L 117, 18.5.2000, p. 1.
(4) OJ L 68, 16.3.2000 p. 3.

C 337 E/174

EN

Official Journal of the European Communities

28.11.2000

Terms and conditions for the participation of Malta in Leonardo da Vinci II, Socrates II and Youth

ANNEX I

1. Malta will participate in Leonardo da Vinci II, Socrates II and Youth (9the Programmes;) in conformity, unless
otherwise provided in this Agreement, with the objectives, criteria, procedures and deadlines as defined in
the
Council Decision (1999/382/EC) of 26 April 1999, Decision (253/2000/EC) of 24 January 2000 of
European Parliament and of
the European
Parliament and of the Council establishing these Community action programmes. It will participate in all the
activities of the Programmes, with the exception of certain activities within Youth which are devoted to cooperation
with third countries which are not full participants in that programme.

the Council, and Decision (1031/2000/EC) of 13 April 2000 of

2. In conformity with the terms of respective Articles 5 of the Decisions on Leonardo da Vinci II, Socrates II and
Youth, and with the provisions relating to the responsibilities of the Member States and of the Commission of the
European Communities concerning the Leonardo da Vinci, Socrates and Youth National Agencies adopted by the
Commission, Malta shall establish the appropriate structures for the coordinated management of the implemen-
tation of the programme actions at national level and take the measures needed to ensure the adequate funding of
these Agencies, which will receive programme grants for their activities. Malta will take all other necessary steps for
the efficient running of the Programmes at national level.

3. To participate in the Programmes, Malta will pay each year a contribution to the general budget of the European

Union according to the modalities described in Annex II.

If necessary in order to take into account programme developments, or the evolution of Malta’s absorption capacity,
the Association Council is entitled to adapt this contribution, so as to avoid budgetary imbalance in the implemen-
tation of the programmes.

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

Maltese experts may be taken into consideration by the Commission when appointing independent experts
according to the relevant provisions of the decisions establishing the programmes to assist it in the project
evaluation.

5. With a view to ensuring the Community dimension of the Programmes, to be eligible for Community financial
support, projects and activities will have to include at least a partner from one of the Member States of the
Community.

6. For the mobility activities referred to in Annex I, section III.1 of the Leonardo da Vinci II decision, and for the
actions to be managed on a decentralised basis within Socrates and Youth, as well as for financial support to the
activities of the National Agencies set up in accordance with point 2 above, funds will be allocated to Malta on the
basis of the annual programme budget breakdown decided at Community level and Malta’s contribution to the
programme. The maximum amount of financial support to the activities of the National Agencies will not exceed
50 % of the budget for the National Agencies’ work programmes.

7. The Member States of

the Community and Malta will make every effort, within the framework of existing
provisions, to facilitate the free movement and residence of students, teachers, trainees, trainers, university adminis-
trators, young people and other eligible persons moving between Malta and the Member States of the Community
for the purpose of participating in activities covered by this Agreement.

8. Activities covered by this Agreement shall be exempt from imposition by Malta of indirect taxes, customs duties,
prohibitions and restrictions on imports and exports in respect of goods and services intended for use under such
activities.

9. Without prejudice to the responsibilities of the Commission of the European Communities and the Court of
the programmes
the European Communities in relation to the monitoring and evaluation of
Auditors of
pursuant
II, Socrates II and Youth (Articles 13, 14 and 13
respectively), the participation of Malta in the programmes will be continuously monitored on a partnership
basis involving the Commission of the European Communities and Malta. Malta will submit to the Commission
relevant reports and take part in other specific activities set out by the Community in that context.

to the decisions concerning Leonardo da Vinci

10. In conformity with the Community’s financial regulations, contractual arrangements concluded with, or by, entities
of Malta shall provide for controls and audits to be carried out by, or under the authority of, the Commission and
the Court of Auditors. As far as financial audits are concerned, they may be carried out with the purpose of
controlling such entities’ income and expenditures, related to the contractual obligations towards the Community. In
a spirit of cooperation and mutual interest, the relevant authorities of Malta shall provide any reasonable and
feasible assistance as may be necessary or helpful under the circumstances to perform such controls and audits.

The provisions relating to the responsibilities of the Member States and of the Commission concerning the
Leonardo da Vinci, Socrates and Youth National Agencies adopted by the Commission will apply to the relations
between Malta, the Commission and the Maltese National Agencies. In the event of irregularity, negligence or fraud
imputable to the Maltese National Agencies, the Maltese authorities shall be responsible for the funds not recovered.

28.11.2000

EN

Official Journal of the European Communities

C 337 E/175

11. Without prejudice to the procedures referred to in Article 7 of the Decision on Leonardo da Vinci II and respective
Articles 8 of the Decisions on Socrates II and Youth, representatives of Malta will participate as observers in the
Programme Committees, for the points which concern them. These committees shall meet without the presence of
representatives of Malta for the rest of the points, as well as at the time of voting.

12. The language to be used in all contacts with the Commission, 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.

13. The Community and Malta may terminate activities under this Agreement at any time upon twelve months’ notice
in writing. Projects and activities in progress at the time of termination shall continue until their completion under
the conditions laid down in this Agreement.

Financial contribution of Malta to Leonardo da Vinci II, Socrates II and Youth

ANNEX II

1. LEONARDO DA VINCI

The financial contribution to be paid by Malta to the budget of the European Union to participate in the Leonardo da
Vinci II programme will be the following (in EUR):

Year 2000

Year 2001

Year 2002

Year 2003

Year 2004

Year 2005

Year 2006

441 000

453 000

482 000

502 000

523 000

549 000

569 000

2. SOCRATES

The financial contribution to be paid by Malta to the budget of the European Union to participate in the Socrates II
programme will be the following (in EUR):

Year 2000

Year 2001

Year 2002

Year 2003

Year 2004

Year 2005

Year 2006

575 000

642 000

658 000

672 000

690 000

710 000

736 000

3. YOUTH

The financial contribution to be paid by Malta to the budget of the European Union to participate in the Youth
programme will be the following (in EUR):

Year 2001

Year 2002

Year 2003

Year 2004

Year 2005

Year 2006

340 000

405 000

473 000

539 000

607 000

686 000

4. Malta will pay the contribution mentioned above entirely from the Maltese national budget in 2000, and for the
following years partly from the Maltese national budget, and partly from Malta’s pre-accession funds. Subject to a
separate programming procedure within the framework of the Council Regulation on the implementation of the
pre-accession strategy for the Republic of Cyprus and the Republic of Malta, the requested pre-accession funds will be
transferred to Malta by means of a separate Financing Memorandum. Together with the part coming from Malta’s
State budget, these funds will constitute Malta’s national contribution, out of which it will make payments in
response to annual calls for funds from the Commission.

C 337 E/176

EN

Official Journal of the European Communities

28.11.2000

5. The pre-accession funds will be requested according to the following schedule:

D for the contribution to the Leonardo da Vinci II programme, the following yearly amounts (in EUR)

Year 2001

Year 2002

Year 2003

Year 2004

Year 2005

Year 2006

300 000

425 000

400 000

400 000

400 000

Amount to be
specified later

D for the contribution to the Socrates II programme, the following yearly amounts (in EUR)

Year 2001

Year 2002

Year 2003

Year 2004

Year 2005

Year 2006

300 000

425 000

400 000

400 000

400 000

Amount to be
specified later

D for the contribution to the Youth programme, the following yearly amounts (in EUR)

Year 2001

Year 2002

Year 2003

Year 2004

Year 2005

Year 2006

300 000

350 000

400 000

400 000

400 000

Amount to be
specified later

The remaining part of the contribution of Malta will be covered from the Maltese State budget.

6. The financial regulation applicable to the general budget of

the European Union will apply, notably to the

management of the contribution of Malta.

Travel costs and subsistence costs incurred by representatives and experts of Malta for the purposes of taking part as
observers in the work of the committees referred to in Annex I, Point 11 or other meetings related to the
implementation of the Programmes shall be reimbursed by the Commission on the same basis as and in accordance
with the procedures currently in force for nongovernmental experts of the Member States of the European Union.

7. After the entry into force of this Agreement and at the beginning of each following year, the Commission will send
to Malta a call for funds corresponding to its contribution to each of the respective programmes under this
Agreement.

This contribution shall be expressed in Euros and paid into an Euro bank account of the Commission.

Malta will pay its contribution according to the call for funds:

D by 1 May for the part financed from its national budget, provided that the call for funds is sent by the

Commission before 1 April, or at the latest one month after the call for funds is sent if later;

D by 1 May for the part financed from the pre-accession funds, provided that the corresponding amounts have
been sent to Malta by this time, or at the latest in a period of 30 days after these funds have been sent to Malta.

Any delay in the payment of the contribution shall give rise to the payment of interest by Malta on the outstanding
amount from the due date. The interest rate corresponds to the rate applied by the European Central Bank, on the
due date, for its operations in Euro, increased by 1,5 percentage points.