Decision No 2/2000 of the EU-Poland Association Council of 28 July 2000 adopting the terms and conditions for the participation of the Republic of Poland in Community programmes in the fields of training and education
Date: 2000-07-28
Institutions: EC–Poland Association Council
Subjects: EU programme, Poland, action programme, education, vocational training

L 236/26

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Official Journal of the European Communities

20.9.2000

DECISION No 2/2000 OF THE EU-POLAND ASSOCIATION COUNCIL

of 28 July 2000

adopting the terms and conditions for the participation of the Republic of Poland in Community
programmes in the fields of training and education

(2000/562/EC)

THE ASSOCIATION COUNCIL,

HAS DECIDED AS FOLLOWS:

Having regard to the Additional Protocol to the Europe Agree-
ment
establishing an association between the European
Communities and their Member States, of the one part, and the
Republic of Poland, of the other part, concerning Poland's
participation in Community programmes (1), and in particular
Articles 1 and 2 thereof,

Whereas:

(1)

(2)

(3)

the Additional Protocol,
According to Article 1 of
in Community framework
Poland may participate
programmes, specific programmes, projects or other
actions notably in the fields of training and education.

According to Article 2 of the Additional Protocol, the
terms and conditions for the participation of Poland in
these activities shall be decided by the Association
Council.

Following Decision No 1/98 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 27 February 1998 adopting the terms
and conditions
the participation of Poland in
Community Programmes in the fields of training, youth
and education (2), Poland has been participating in the
first phase of the Leonardo da Vinci (3) and Socrates (4)
Programmes since 1 March 1998, and has expressed the
the
wish to participate
programme,

second phase of

in the

for

Article 1

Poland shall participate in the second phase of the European
Community programmes Leonardo da Vinci and Socrates set
out respectively in Council Decision 1999/382/EC of 26 April
1999 establishing the second phase of the Community voca-
tional training action programme ‘Leonardo da Vinci’ (5) and
Decision No 253/2000/EC of the European Parliament and of
the Council of 24 January 2000 establishing the second phase
of the Community action programme in the field of education
‘Socrates’ (6) (hereinafter referred to as ‘Leonardo da Vinci II’
and ‘Socrates II’) 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 Leonardo da
Vinci II and Socrates II Programmes, starting from 1 January
2000.

Article 3

This Decision shall enter into force on the day of its adoption
by the Association Council.

Done at Brussels, 28 July 2000.

For the Association Council

The President

H. VÉDRINE

(1) OJ L 317, 30.12.1995, p. 35.
(2) OJ L 76, 13.3.1998, p. 33.
(3) OJ L 340, 29.12.1994, p. 8.
(4) OJ L 87, 20.4.1995, p. 10. Decision as amended by Decision No

576/98/EC (OJ L 77, 14.3.1998, p. 1).

(5) OJ L 146, 11.6.1999, p. 33.
(6) OJ L 28, 3.2.2000, p. 1.

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Official Journal of the European Communities

L 236/27

TERMS AND CONDITIONS FOR THE PARTICIPATION OF THE REPUBLIC OF POLAND IN THE LEONARDO
DA VINCI II, AND SOCRATES II PROGRAMMES

ANNEX I

1. Poland will participate in the activities of the Leonardo da Vinci II and Socrates II programmes (hereinafter referred to
as ‘the Programmes’)
in conformity, unless otherwise provided in this Decision, with the objectives, criteria,
procedures and deadlines as defined in Council Decision 1999/382/EC and Decision No 253/2000/EC of the
European Parliament and of the Council establishing these Community action programmes.

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

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

Union according to the arrangements set out in Annex II.

If necessary in order to take account of programme developments, or the evolution of Poland's absorption capacity,
the Associaton Committee is entitled to adapt this contribution, so as to avoid a budgetary imbalance in the
implementation of the Programmes.

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

Polish 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 project evaluation.

5. With a view to ensuring the Community dimension of the Programmes, in order to be eligible for Community
financial support, projects and activities will have to include a partner from at least 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
Socrates decentralised actions, 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 Poland on the basis of the annual programme budget
breakdown decided at Community level and the Poland's contribution to the programme. The maximal 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 Poland will make every effort, within the framework of existing
provisions, to facilitate the free movement and residence of students, teachers, trainees, trainers, unviersity adminis-
trators, young people and other eligible persons moving between Poland and the Member States of the Community
for the purpose of participating in activites covered by this Decision.

8. Activities covered by this Decision will be exempt from imposition by Poland 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 responsabilities of the Commission of the European Communities and the Court of Auditors
of the European Communities in relation to the monitoring and evaluation of the programmes pursuant to the
Decisions on Leonardo da Vinci II and Socrates II (Articles 13 and 14 respectively), the participation of Poland in the
Programmes will be continuously monitored on a partnership basis involving the Commission of the European
Communities and Poland. Poland will submit to the Commission relevant reports and take part in other specific
activities set out by the Community in that context.

10. In conformity with the Community's Financial Regulations, contractual arrangements concluded with, or by, entities
of Poland 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 Poland 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 and the Socrates national agencies adopted by the Commission will apply to the relations between Poland,
the Commission and the Polish national agencies. In the event of irregularity, negligence or fraud imputable to the
Polish national agencies, the Polish authorities shall be responsible for the funds not recovered.

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Official Journal of the European Communities

20.9.2000

11. Without prejudice to the procedures referred to in Articles 74 of the Decision on Leonardo da Vinci II and Article 8
of the Decision on Socrates II, representatives of Poland will participate as observers in the Programme Committees,
for the points which concern them. These committees shall meet without the presence of representatives of Poland
for the rest of the points, as well as, at the time of voting.

12. The language to be used in contacts with the Commission, as regards the application process, contracts, reports to be
submitted and other administrative arrangements for the Programmes, will be any one of the official languages of the
Community.

13. The Community and Poland may terminate activities under this Decision 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 Decision.

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Official Journal of the European Communities

L 236/29

FINANCIAL CONTRIBUTION OF THE REPUBLIC OF POLAND TO LEONARDO DA VINCI

II AND

SOCRATES II

ANNEX II

1. Leonardo da Vinci

The financial contribution to be paid by Poland to the budget of the European Union to participate in the Leonardo da
Vinci II Programme will be the following (in euro):

2000

2001

2002

2003

2004

2005

2006

6 157 000

6 329 000

6 757 000

7 058 000

7 358 000

7 744 000

8 044 000

2. Socrates

The financial contribution to be paid by Poland to the budget of the European Union to participate in the Socrates II
Programme in 2000 will be EUR 11 491 000.

The contribution to be paid by Poland for the following years of the programme will be decided by the Association
Council

in the course of the year 2000.

3. Poland will pay the contribution mentioned above, partly from the Polish national budget, and partly from Poland's
PHARE National Programme. Subject to a PHARE separate programming procedure, the requested PHARE funds will
be transferred to Poland by means of a separate financing Memorandum. Together with the part coming from Poland's
State budget, these funds will constitute Poland's national contribution, out of which it will make payments in
response to annual calls for funds from the Commission.

4. PHARE funds will be requested according to the following schedule:

— EUR 7 665 470 for the contribution to the Socrates II Programme in 2000,
— for the contribution to the Leonardo da Vinci II Programme, the following yearly amounts (in euro)

2000

2001

2002

2003

2004

2005

2006

4 109 110

3 910 000

3 838 000

Amount to be
specified later

Amount to be
specified later

Amount to be
specified later

Amount to be
specified later

The remaining part of the contribution of Poland will be covered from the Polish State budget.

5. The Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (1) will

apply, notably as regards the management of the contribution of Poland.

Travel costs and subsistance costs incurred by representatives and experts of Poland 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 non-governmental experts of the Member States of the European Union.

6. After the 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 each of the respective programmes under this Decision.

This contribution shall be espressed in euro and paid into an euro bank account of the Commission.

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

— 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;

— by 1 May for the part financed from PHARE, provided that the corresponding amounts have been sent to Poland

by this time, or at the latest in a period of 30 days after these funds have been sent to Poland.

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 Central Bank, on the due
date, for its operations in euro,

increased by 1,5 percentage points.

(1) OJ L 356, 31.12.1977, p. 1. Financial Regulation as last amended by Regulation (EC, ECSC, Euratom) No 2673/1999 (OJ L 326,

18.12.1999, p. 1).