MEMORANDUM OF UNDERSTANDING

 

between the European Community and Romania

 

on Romania’s participation in the Community Action Programme to combat

discrimination (2001-2006)

 

 

THE EUROPEAN COMMSISSION, hereinafter referred as “the Commission”, on behalf of the European Community,

 

Of the one part, and

 

THE GOVERNMENT OF ROMANIA, hereinafter to as “Romania”,

 

Of the other part,

 

Whereas:

 

(1)               Decision no. 1/2002 of the EU-Romania Association Council of 18 February 2002[1] establishes the general principles for the participation of Romania in Community programmes, leaving the Commission and the competent authorities of Romania to determine the specific terms and conditions, including financial contribution, with regard to such participation in each particular programme.

 

 

(2)               The Community Action Programme to combat discrimination (2001-2006) was established by Council Decision 2000/750/EC of 27 November 2000[2]

 

(3)               This Programme is designed to support and supplement the efforts at Community level and in the Member States to promote measures to prevent and combat discrimination; it can also play an  important role in supporting the effort of the Candidate Countries in underpinning fundamental   rights and promoting equality in advance of accession.

 

HAVE AGRRED THE FOLLOWS

 

 

Article 1

 

Programme

 

Romania shall participate in the Community Action Programme to combat discrimination (2001-2006), (hereinafter called “the Programme”), in accordance with  the conditions laid down in the Decision No 1/2002 of the EU-Romania Association Council of 18 February 2002  establishing the general principles for the participation of Romania in Community programmes, and under the terms and conditions referred to Article 2 to 4 of this Memorandum of Understanding.

 

 

Article 2

 

Terms and conditions with regard to participation in the Programme

 

1.         Romania shall participate in the activities of the Programme in conformity with the objectives, criteria, procedures and deadlines as defined in Council Decision 2000/750/EC.

 

2.         The terms and conditions applicable to the submission, assessment and selection of application by eligible institutions, organisation and individuals of Romania shall be the same as those applicable to eligible institutions, organisation and individuals of the Member States of the European Union.

 

3.         To participate in the Programme, Romania shall pay every year a financial contribution to the General Budget of the European Union in accordance with article 3 below.

 

4.         The financial contribution of Romania in respect of its participation and implementation of the Programme shall be added to the amount earmarked each year in the General Budget of the European Union for commitment appropriations to meet the financial obligation arising out of different forms of measures necessary for the execution, management and operation of the Programme.

 

5.         One of the official languages of the Community shall be used for the procedures related to requests, contracts and reports, as well as for other administrative aspects of the Programme.

 

 

 

Article 3

 

Financial contribution

 

The rules governing the financial contribution of Romania are set out in Annexes I and II.

 

Part of the financial contributions may be financed under the relevant >Community external aid instrument, if Romania so requests.

 

 

 

Article 4

 

Reporting and evaluating

 

Without prejudice to the responsibilities of the Commission and the Court of Auditors of the European Communities in relation to the monitoring and evaluation of the Programme, the participation of Romania in the Programme shall be continuously monitored on a partnership basis involving the Commission and Romania. Romania shall submit to the Commission relevant reports and take part in other specific activities provided for by the Community in that context.

 

 

 

Article 5

 

Final provisions

 

This Memorandum of Understanding shall apply for the duration of the Programme. Nevertheless, should the European Community decide to extend the duration without any substantial change within the Programme, this Memorandum would also be extended correspondingly and automatically if no part denounces it.

 

The annexes form an integral part of this Memorandum of Understanding.

 

This Memorandum of Understanding may only be amended in writing by common consent of the parties.

 

This Memorandum of Understanding shall take effect on the day of signature by both parties.

 

 

Done at Bucharest                                                                              Done at Brussels

on 19 July 2002                                                                                 on 23 July 2002

 

 

           

For the Government of Romania                                                         For the Commission,

                                                                                                          On behalf of the European Community

 

 

Mr. Vasile Dancu                                                                               Mrs. Anna Diamantopoulou

Minister of Public Information                                                 Member of the Commission

of Romania                                                                                         for Employment and Social Affaires

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Annex I

 

 

 

Rules governing the financial contribution of Romania in the

Community Action Programme to combat discrimination

(2001-2006)

 

1.         The financial contribution to be paid by Romania to the General Budget of the European Union to participate in the Programme shall be the following:

           

            EUR 30,000 for the year 2002

 

            EUR 140,000 for the year 2003

 

            EUR 140,000 per year for the following years until accession.

 

2.         The contribution of Romania shall cover costs related to the preparation, feasibility, development and execution of the projects of common interest, as well as for the development and implementation of horizontal measures as foreseen in the Programme.

 

3.         Travel costs incurred by representatives of Romania for the purposes of taking part as observers in the work of committee referred to Article 6 of Council Decision 2000/750/EC of 27 November 2000 or other meetings related to the implementation of the Programme shall be reimbursed by the Commission on the same basis as and in accordance with the procedures currently in force for the representatives of the Member States of the European Union.

 

4.         The financial Regulation applicable to the General Budget of the European Union shall apply to the management of the contributions of Romania.

 

5.         When this Memorandum of Understanding takes effect and at the beginning of each  subsequent budgetary year, the Commission shall send to Romania a call for funds corresponding to its contribution of the costs covered by this Memorandum of Understanding.

 

6.         The contributions shall be paid  in Euro to an Euro denominated bank account of the Commission.

 

7.         Romania shall pay its contribution to the annual costs in accordance with the call for funds request no later than three months after the date of the call. Any delay in the payment of the contribution shall give rise to the payment of default interest by Romania on the outstanding amount from the due date. The interest rate shall be the rate applied by the European Central Bank to its main refinancing operations in Euro on the due date, increased by 1.5 percentage points. In case the delay in the payment of the contribution is such that may significantly jeopardise the implementation and management of the programme, participation in the programme for the concerned year will be suspended by the Commission following the absence of payment 20 working days after a formal letter of reminder sent to Romania.

 

 

 

Annex II

 

Activities covered by the financial contribution of Romania in

the Community Action Programme to combat discrimination (2001-2006)

 

1.         Year 1 – 2002

 

TOTAL CONTRIBUTION: € 30,000

 

1.1. The contribution of € 30,000 will provide access to the following activities:

 

Strand 1

 

          Participation of two representatives in meetings of the Legal Working Group (group of officials from the Member States’ authorities responsible for implementation of the directives on non-discrimination – 2 meetings per year)

 

Strand 3

 

          Participation of two representatives in European Conference on Discrimination and Diversity (fourth quarter 2002, location still to be agreed)

 

          Participation in seminars on awareness-raising of judicial authorities and legal practitioners in advance of the implementation of the Directives (budget to be committed in 2002, seminars likely to take place late in 2002 and early in 2003) (number of representatives to be agreed in the light of arrangements made for the existing Member States).

 

          Support to the organisation of a seminar in Romania to mobilise key actors on issues related to discrimination, including if appropriate the dissemination of findings of studies.

 

1.2. The contribution of € 30,000 also includes the costs related to the participation of one representative of Romania as an observer in the meetings of the Programme Committee (3/4 meeting per year as necessary), missions to Romania by Commission officials in relation with the programme and other  administrative support.

 

 

2.         Year 2 – 2003

 

TOTAL CONTRIBUTION: € 140,000

 

2.1. The contribution of € 30,000 will provide access to the following activities:

 

Strand 1

 

          Participation of two representatives in the Legal Working Group (group of officials from the Member States’ authorities responsible for implementation of the directives on non-discrimination – 2 meetings per year)

 

          Other activities of analysis and evaluation to be decided in the light of annual Work Programme agreed for 2003.

 

 

 

Strand 3

 

          Participation of two representatives in the annual European Conference on Discrimination and Diversity

 

          Other activities of awareness-raising to be decided in the light of annual Work Programme agreed for 2003.

 

The contribution of € 30,000 also includes the costs related to the participation of one representative of Romania as an observer in the meetings of the Programme Committee (3/4 meeting per year as necessary), missions to Romania by Commission officials in relation with the programme and other  administrative support.

 

2.2. Activity foreseen on the basis of a further contribution of € 20,000

 

Strand 2.2

 

          Participation of NGOs from Romania in European networks of NGOs combating discrimination (one per large network per ground of discrimination, up to 10 smaller networks dealing with specific aspects of discrimination).

 

2.3 Activity foreseen on the basis of a further contribution of € 90,000

 

Strand 2.1

 

          Participation of a limited number of organisations from Romania in existing transnational exchange actions.

 

          Participation of organisations from Romania as lead members  or partners in later transnational exchange actions (number to be based on the quality of the bids concerned in competition with all other bids received).

 

 

3.         Following years

 

The participation of Romania in the programme shall be based in later years until accession on the conditions of year 2003, subject to decisions on the Annual Work Programme by the Programme Committee.  



[1]              OJ L91 of 6.4.2002, p.20

[2]              OJ L303 of 2.12.2000, p.23-28