Proposal for a Council Decision concerning the conclusion of an agreement between the Community and the Republic of Cyprus adopting the terms and conditions for the participation of Cyprus in Community programmes in the fields of training, education and youth
Date: 2000-10-20
Institutions: European Commission
Subjects: Cyprus, EU programme, accession to an agreement, continuing education, young person

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Official Journal of the European Communities

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

(2001/C 62 E/14)

COM(2000) 661 final (cid:15) 2000/0270(CNS)

(Submitted by the Commission on 20 October 2000)

(3) In conformity with the negotiating guidelines adopted by
the Council on 14 February 2000, the Commission has
the European Community, an
negotiated, on behalf of
agreement
in these
programmes.

to enable Cyprus

to participate

(4) This Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Community and Cyprus
adopting the terms and conditions for the participation of
Cyprus in Community programmes in the fields of training,
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
The President of
Community, give the notifications provided for in Article 4
of the Agreement.

shall, on behalf of

the Council

Article 4

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

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

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

in the framework of

set out

(2) Council Decision (1999/382/EC) of 26 April 1999 estab-
the Community vocational
lishing the second phase of
training action programme 8Leonardo 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 8Socrates: (3),
and Decision
and in particular Article 12 thereof,
the European
(1031/2000/EC) of 13 April 2000 of
Parliament
8Youth:
and the Council
and in particular
Community
Article 11 thereof, provide that these programmes shall
be open to the participation of Cyprus.

action programme (4),

establishing the

(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.

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Draft Agreement between the European Community and the Republic of Cyprus adopting the
terms and conditions for the participation of the Republic of Cyprus in Community programmes
in the fields of training, education and youth

THE EUROPEAN COMMUNITY,

HAVE AGREED AS FOLLOWS:

of the one part, and

Article 1

THE REPUBLIC OF CYPRUS, hereinafter referred to as Cyprus,

of the other part,

Whereas:

(1) Council Decision (1999/382/EC) of 26 April 1999 estab-
lishing the second phase of
the Community vocational
training action programme 8Leonardo da Vinci: (1), and in
particular Article 10 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 8Socrates: (2),
and Decision
and in particular Article 12 thereof,
the European
(1031/2000/EC) of 13 April 2000 of
8Youth:
and the Council
Parliament
Community
and in particular
Article 11 thereof, provide that these programmes shall
be open to the participation of Cyprus.

action programme (3),

establishing the

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

programmes.

(3) The participation of Cyprus

in these programmes
constitutes a significant step in the pre-accession strategy
of Cyprus as set out
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 (4),

in the framework of

Cyprus shall participate, from 2001, in the second phase of the
European Community programmes Leonardo da Vinci and
Socrates (8Leonardo da Vinci II: and 8Socrates II:) and in the
8Youth: Community action programme (8Youth:) according to
the terms and conditions set out in Annexes I and II which
shall form an integral part of this Agreement.

Article 2

This Agreement shall apply from 1 January 2001 to the end of
the programmes.

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 Cyprus.

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.

Article 5

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.

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ANNEX I

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

1. Cyprus will participate in Leonardo da Vinci II, Socrates II and Youth (8the Programmes:) in conformity, unless
otherwise provided in this Agreement, with the objectives, criteria, procedures and deadlines as defined in Council
Decision (1999/382/EC) of 26 April 1999, Decision (253/2000/EC) of 24 January 2000 of the European Parliament
and of the Council, and Decision (1031/2000/EC) of 13 April 2000 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.

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, Cyprus 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. Cyprus will take all other necessary steps
for the efficient running of the Programmes at national level.

3. To participate in the Programmes, Cyprus 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 Cyprus’s absorption
capacity, the Association Council is entitled to adapt this contribution, so as to avoid 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 Cyprus will be the same as those applicable to eligible institutions, organisations
and individuals of the Community.

Cypriot 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 Cyprus on the
basis of the annual programme budget breakdown decided at Community level and Cyprus’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 Cyprus 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 Cyprus 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 Cyprus 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
II, Socrates II and Youth (Articles 13, 14 and 13
pursuant
respectively), the participation of Cyprus in the programmes will be continuously monitored on a partnership
basis involving the Commission of the European Communities and Cyprus. Cyprus 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 Cyprus 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 Cyprus shall provide any reasonable and
feasible assistance as may be necessary or helpful under the circumstances to perform such controls and audits.

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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 Cyprus,
irregularity,
negligence or fraud imputable to the Cypriot National Agencies, the Cypriot authorities shall be responsible for
the funds not recovered.

the Commission and the Cypriot National Agencies.

In the event of

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 Cyprus will participate as observers in the
Programme Committees, for the points which concern them. These committees shall meet without the presence of
representatives of Cyprus 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 any of the official languages of
the Community.

13. The Community and Cyprus 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 Cyprus to Leonardo da Vinci II, Socrates II and Youth

ANNEX II

1. Leonardo da Vinci

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

Year 2001

497 000

Year 2002

529 000

Year 2003

552 000

Year 2004

574 000

Year 2005

603 000

Year 2006

626 000

2. Socrates

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

Year 2001

681 000

Year 2002

697 000

Year 2003

712 000

Year 2004

731 000

Year 2005

753 000

Year 2006

780 000

3. Youth

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

Year 2001

533 000

Year 2002

565 000

Year 2003

598 000

Year 2004

627 000

Year 2005

658 000

Year 2006

698 000

4. Cyprus will pay the contribution mentioned above partly from the Cypriot national budget, and partly from Cyprus’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 Cyprus by means of a separate Financing Memorandum. Together
with the part coming from Cyprus’s State budget, these funds will constitute Cyprus’s national contribution, out of
which it will make payments in response to annual calls for funds from the Commission.

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

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

Year 2001

200 000

Year 2002

200 000

Year 2003

200 000

Year 2004

200 000

Year 2005

200 000

Year 2006

150 000

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

Year 2001

400 000

Year 2002

350 000

Year 2003

300 000

Year 2004

300 000

Year 2005

200 000

Year 2006

150 000

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

Year 2001

400 000

Year 2002

300 000

Year 2003

250 000

Year 2004

200 000

Year 2005

200 000

Year 2006

150 000

The remaining part of the contribution of Cyprus will be covered from the Cypriot 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 Cyprus.

Travel costs and subsistence costs incurred by representatives and experts of Cyprus 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.

7. After the entry into force of this Agreement and at the beginning of each following year, the Commission will send
to Cyprus 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 a euro bank account of the Commission.

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

E 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;

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

Any delay in the payment of the contribution shall give rise to the payment of interest by Cyprus 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.