Decision No 3/2000 of the EU-Bulgaria Association Council of 2 August 2000 adopting the terms and conditions for the participation of the Republic of Bulgaria in Community programmes in the fields of training and education
Date: 2000-08-02
Institutions: Provisional data
Subjects: Bulgaria, EU programme, association agreement (EU), education, vocational training, young person

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Official Journal of the European Communities

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II

(Acts whose publication is not obligatory)

COUNCIL

DECISION No 3/2000 OF THE EU-BULGARIA ASSOCIATION COUNCIL

of 2 August 2000

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

(2000/587/EC)

THE ASSOCIATION COUNCIL,

HAS DECIDED AS FOLLOWS:

Having regard to the Additional Protocol to the Europe Agree-
establishing an association between the European
ment
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 (1), and in particular
Articles 1 and 2 thereof,

Whereas:

(1)

(2)

(3)

the Additional Protocol,
According to Article 1 of
Bulgaria may participate in Community framework
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 Bulgaria in
these activities shall be decided by the Association
Council.

Following Decision No 2/1999 of
the Association
Council between the European Communities and their
Member States, of the one part, and the Republic of
Bulgaria, of the other part, of 15 March 1999 adopting
the participation of
the terms and conditions
Bulgaria in Community programmes in the fields of
vocational training and education (2), Bulgaria has been
participating in the first phase of
the Leonardo da
Vinci (3) and Socrates (4) Programmes since 1 April
1999, and has expressed the wish to participate in the
second phase of the programmes,

for

Article 1

Bulgaria shall participate in the second phase of the European
Community programmes Leonardo da Vinci and Socrates set
out respectively in Council Decision No 1999/382/EC of 26
April 1999 establishing the second phase of the Community
vocational 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, 2 August 2000.

For the Association Council

The President

N. MIHAILOVA

(1) OJ L 317, 30.12.1995, p. 25.
(2) OJ L 99, 14.4.1999, p. 28.
(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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TERMS AND CONDITIONS FOR THE PARTICIPATION OF THE REPUBLIC OF BULGARIA IN THE
LEONARDO DA VINCI II AND SOCRATES II PROGRAMMES

ANNEX I

1. Bulgaria 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 for 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 responsibilities of the Member States and of the Commission concerning the Leonardo da
Vinci and Socrates national agencies adopted by the Commission, Bulgaria 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. Bulgaria will take all other necessary steps for the efficient running of the Programmes at national level.

3. To participate in the Programmes, Bulgaria 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 Bulgaria's absorption capacity,
the Association 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 Bulgaria will be the same as those applicable to eligible institutions, organisations
and individuals of the Community.

Bulgarian 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, to 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, funds will be allocated to Bulgaria on the basis of the annual programme budget breakdown
decided at Community level and Bulgaria'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 Bulgaria 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 Bulgaria and the Member States of the Community
for the purpose of participating in activities covered by this Decision.

8. Activities covered by this Decision will be exempt from imposition by Bulgaria 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 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 Bulgaria in
the Programmes will be continuously monitored on a partnership basis involving the Commission of the European
Communities and Bulgaria. Bulgaria 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 Bulgaria 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 Bulgaria 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 Bulgaria,
the Commission and the Bulgarian national agencies. In the event of irregularity, negligence or fraud imputable to the
Bulgarian national agencies, the Bulgarian authorities shall be responsible for the funds not recovered.

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11. Without prejudice to the procedures referred to in Articles 7 of the Decision on Leonardo da Vinci II and Article 8 of
the Decision on Socrates II, representatives of Bulgaria will participate as observers in the Programme Committees,
for the points which concern them. These committees shall meet without the presence of representatives of Bulgaria
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 Bulgaria 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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FINANCIAL CONTRIBUTION OF THE REPUBLIC OF BULGARIA TO LEONARDO DA VINCI

II AND

SOCRATES II

ANNEX II

1. Leonardo da Vinci

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

Year 2000

Year 2001

Year 2002

Year 2003

Year 2004

Year 2005

Year 2006

3 024 000

3 108 000

3 318 000

3 465 000

3 611 000

3 800 000

3 947 000

2. Socrates

The financial contribution to be paid by Bulgaria to the budget of the European Union to participate in the Socrates II
Programme in 2000 will be EUR 4 077 000.

The contribution to be paid by Bulgaria for the following years of the Programme will be decided by the Association
Council

in the course of the year 2000.

3. Bulgaria will pay the contribution mentioned above, partly from the Bulgarian national budget, and partly from
Bulgaria's Phare National Programme. Subject to a Phare separate programming procedure, the requested Phare funds
will be transferred to Bulgaria by means of a separate financing memorandum. Together with the part coming from
Bulgaria's State budget, these funds will constitute Bulgaria'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 3 745 110 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)

Year 2000

Year 2001

Year 2002

Year 2003

Year 2004

Year 2005

Year 2006

2 880 000

2 807 000

2 800 000

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 Bulgaria will be covered from the Bulgarian 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 Bulgaria.

Travel costs and subsistence costs incurred by representatives and experts of Bulgaria 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
Bulgaria a call for funds corresponding to its contribution to each of the respective Programmes under this Decision.

This contribution shall be expressed in euro and paid into a euro bank account of the Commission.

Bulgaria 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,

(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).

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

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

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

increased by 1,5 percentage points.