PURPOSE: to conclude the Protocol to the
Partnership and Co-operation Agreement between the EC and their Member
States, of the one part, and Ukraine, of the other part, concerning the
participation of Ukraine in Union programmes.
NON-LEGISLATIVE ACT: Council Decision
2011/290/EU on the conclusion of the Protocol to the Partnership and
Cooperation Agreement establishing a partnership between the European
Communities and their Member States, of the one part, and Ukraine, of the
other part, on a Framework Agreement between the European Union and Ukraine
on the general principles for the participation of Ukraine in Union
programmes.
BACKGROUND: the Protocol to the
Partnership and Cooperation Agreement establishing a partnership between the
European Communities and their Member States, of the one part, and Ukraine,
of the other part, on a Framework Agreement between the European Union and
Ukraine on the general principles for the participation of Ukraine in Union
programmes was signed on behalf of the Union on 22 November 2010.
It is now appropriate to conclude this
Protocol on behalf of the Union.
CONTENT: with this Decision, the EU
concludes a Protocol to the Partnership and Co-operation Agreement between
the EU and Ukraine concerning the participation of Ukraine in Union
programmes.
The specific terms and conditions
regarding the participation of Ukraine in each particular programme, in
particular the financial contribution payable and reporting and evaluation
procedures, will be determined by agreement between the Commission, acting on
behalf of the Union, and the competent authorities of Ukraine.
The main provisions are as follows :
- Ukraine shall be allowed to participate
in all current and future programmes of the Union opened to the
participation of Ukraine in accordance with the relevant provisions
adopting those programmes.
- Ukraine shall contribute financially
to the general budget of the Union corresponding to the specific
programmes in which Ukraine participates.
- Ukraine's representatives shall be
allowed to take part, as observers and for the points which concern
Ukraine, in the management committees responsible for monitoring the
programmes to which Ukraine contributes financially.
- Projects and initiatives submitted by
participants from Ukraine shall, as far as possible, be subject to the
same conditions, rules and procedures pertaining to the programmes
concerned as applied to Member States.
- The specific terms and conditions
regarding the participation of Ukraine in each particular programme, in
particular the financial contribution payable and reporting and
evaluation procedures, shall be determined in a Memorandum of
Understanding between the Commission and the competent authorities of
Ukraine on the basis of the criteria established by the programmes
concerned.
- Financial control or audits or other
verifications, including administrative investigations, will be carried
out by, or under the authority of, the Commission, the European
Anti-Fraud Office and the Court of Auditors.
- Detailed provisions shall be made on
financial control and auditing, administrative measures, penalties and
recovery enabling the Commission, the European Anti-Fraud Office and the
Court of Auditors to be granted powers equivalent to their powers with
regard to beneficiaries or contractors established in the Union.
- This Protocol shall apply for the
period for which the Agreement is in force.
- No later than three years after the
date of entry into force of this Protocol, and every three years thereafter,
both Parties may review the implementation of this Protocol on the basis
of the actual participation of Ukraine in Union programmes.
ENTRY INTO FORCE: the Decision shall enter
into force on 13 May 2011. The Agreement shall enter into force as soon as
all the necessary procedures have been completed. Pending its entry into
force, the Parties agree to provisionally apply this Protocol from the date
of its signature, pending its conclusion at a later date.