1 MEMORANDUM OF UNDERSTANDING between the European Community and the Republic of Turkey on the participation of the Republic of Turkey in the Community programmes Leonardo da Vinci II, Socrates II and Youth THE COMMISSION OF THE EUROPEAN COMMUNITIES, hereinafter referred to as the Commission, on behalf of the European Community, of the one part, and THE GOVERNMENT OF THE REPUBLIC OF TURKEY, hereinafter referred to as Turkey, of the other part, Whereas: (1) Framework Agreement of 26 February 2002 between the European Community and Turkey 1 establishes the general principles for the participation of Turkey in Community programmes, leaving the Commission and the competent authorities of Turkey to determine the specific terms and conditions, including financial contribution, with regard to such participation in each particular programme, (2) The second phase of the Community vocational training action programme Leonardo da Vinci 2, the second phase of the Community action programme in the field of education Socrates 3, and the Youth Community action programme 4 were established by Council Decision (1999/382/EC) of 26 April 1999, Decision (253/2000/EC) of 24 January 2000 of the European Parliament and the Council, and Decision (1031/2000/EC) of 13 April 2000 of the European Parliament and the Council respectively, HAVE AGREED AS FOLLOWS: Article 1 Turkey shall participate in the Leonardo da Vinci II, Socrates II and Youth programmes (hereinafter called «the Programmes»), in accordance with the conditions laid down in Framework Agreement of 26 February 2002 between the European Community and the Republic of Turkey on the general principles for the participation of the Republic of Turkey in Community programmes, and under the terms and conditions set out in the Annexes I and II of this Memorandum of Understanding OJ L 61, , p.29. OJ L 146, , p.33. OJ L 28, , p.1. OJ L 117, , p.1.
2 Article 2 This Memorandum of Understanding shall apply for the duration of the Programmes, starting from Nevertheless, should the European Community decide to extend the duration without any substantial change within the Programmes, this Memorandum would also be extended correspondingly and automatically if no party denounces it within one month following the extension decision. Annexes I and II 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 enter into force on the day of the notification by Turkey of the completion of its internal legal procedures. It shall take effect from 1 April Done at Ankara on Done at Brussels on For the Government of Turkey, For the Commission, on behalf of the European Community, Nuri Birtek Director of the Centre for EU Education and Youth Programmes Nikolaus G. van der Pas Director General for Education and Culture
3 ANNEX I Terms and conditions for the participation of Turkey in Leonardo da Vinci II, Socrates II and Youth 1. Turkey will participate in Leonardo da Vinci II, Socrates II and Youth ( the Programmes ) in conformity, unless otherwise provided in this Memorandum of Understanding, 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. 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, Turkey shall establish the appropriate structures for the coordinated management of the implementation 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. Turkey will take all other necessary steps for the efficient running of the Programmes at national level. The signature and implementation of agreements between the Commission and the Turkish National Agency shall be subject to the fulfilment of the requirements specified in article 56 of the Financial Regulation applicable to the general budget of the European Communities 5 and the related provisions of the Commission Regulation on its detailed rules of implementation 3. To participate in the Programmes, Turkey 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 Turkey s absorption capacity, this contribution may be adapted in writing by common consent of the parties, 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 Turkey will be the same as those applicable to eligible institutions, organisations and individuals of the Community. Projects submitted in 2003 by Turkish eligible institutions, organisations and individuals under the 2004 calls for proposals will be eligible for funding provided that this Memorandum of Understanding enters into force before the end of the selection procedures, except those submitted under procedure B described in Annex I, Section III.2 of the Decision establishing the Leonardo da Vinci programme, which will not be eligible. 5 OJ L 248, , p.1.
4 Turkish 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 Turkey on the basis of the annual programme budget breakdown decided at Community level and Turkey 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 Turkey will make every effort, within the framework of existing provisions, to facilitate the free movement and residence of students, teachers, trainees, trainers, university administrators, young people and other eligible persons moving between Turkey and the Member States of the Community for the purpose of participating in activities covered by this Memorandum of Understanding. 8. Activities covered by this Memorandum of Understanding shall be exempt from imposition by Turkey 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 concerning Leonardo da Vinci II, Socrates II and Youth (Articles 13, 14 and 13 respectively), the participation of Turkey in the programmes will be continuously monitored on a partnership basis involving the Commission of the European Communities and Turkey. Turkey 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 relevant provisions of the Financial Regulation applicable to the general budget of the European Communities and the Commission Regulation on its detailed rules of implementation, as well as with the procedural provisions of Council Regulation (Euratom, EC)2185/96 6, controls and audits may be carried out by, or under the authority of, the Commission, the European Anti-Fraud Office (OLAF) and the European Court of Auditors, and administrative and financial sanctions may be applied. As far as financial audits are concerned, they may be carried out with the purpose of controlling income and expenditures, related to the contractual obligations towards the Community. In a spirit of cooperation and mutual interest, the relevant authorities of Turkey shall provide any reasonable and feasible assistance as may be necessary or helpful under the circumstances to perform such controls and audits. 6 OJ L 292, , p.2.
5 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 Turkey, the Commission and the Turkish National Agency. All suspected and actual cases of fraud and irregularity as well as measures related thereto taken by the National Agency must be reported to the Commission services without delay. In the event of irregularity, negligence or fraud imputable to the Turkish National Agency, the Turkish authorities shall be responsible for the funds not recovered. The Turkish authorities shall take any appropriate measure to prevent and counter any active or passive corruption practices at any stage of the procurement procedure or grant award procedure or during the implementation of corresponding contracts. 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 Turkey will participate as observers in the Programme Committees, for the points which concern them. These committees shall meet without the presence of representatives of Turkey 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 Turkey may terminate activities under this Memorandum of Understanding 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 Memorandum of Understanding, as well as the contractual arrangements applying to these projects and activities and provisions of point 10 of this Annex.
6 ANNEX II Financial contribution of Turkey to Leonardo da Vinci II, Socrates II and Youth 1. Leonardo da Vinci The financial contribution to be paid by Turkey to the budget of the European Union to participate in the Leonardo da Vinci II programme will be the following (in ) : Year 2004 Year 2005 Year In 2004, in derogation to the provision established in Annex I, point 6 of this Memorandum of Understanding, a maximum amount of will be allocated out of this contribution to the mobility activities referred to in Annex I, section III.1 of the Leonardo da Vinci II decision, and a maximum amount of will be allocated to the financial support to the activities of the National Agency in relation to this programme. 2. Socrates 3. Youth The financial contribution to be paid by Turkey to the budget of the European Union to participate in the Socrates II programme will be the following (in ) : Year 2004 Year 2005 Year The financial contribution to be paid by Turkey to the budget of the European Union to participate in theyouth programme will be the following (in ) : Year 2004 Year 2005 Year Turkey will pay the contribution mentioned above partly from Turkey s State budget, and partly from Turkey s pre-accession funds, subject to annual programming procedures within the framework of Council Regulation (EC)2500/2001 of 17 December The requested pre-accession funds will be transferred to Turkey each year according to a Financing Memorandum. With the part coming from Turkey s State budget, these funds will constitute Turkey s national contribution, out of which it will make payments in response to annual calls for funds from the Commission. 5. The provisional schedule concerning the pre-accession funds is the following: for the contribution to the Leonardo da Vinci II programme, the following yearly amounts (in ): Year 2004 funds 2003) Year 2005 funds 2004 ) Year 2006 funds 2005)
7 for the contribution to the Socrates II programme, the following yearly amounts (in ): Year 2004 funds 2003) Year 2005 funds 2004 ) Year 2006 funds 2005) for the contribution to the Youth programme, the following yearly amounts (in ): Year 2004 funds 2003) Year 2005 funds 2004 ) Year 2006 funds 2005) The remaining part of the contribution of Turkey will be covered from Turkey s State budget. Should these indicative amounts not be confirmed in the pre-accession annual programming procedure, Turkey s State budget will cover the difference between the total financial contribution indicated in points 1, 2 and 3 above and the pre-accession support available. 6. The financial regulation applicable to the general budget of the European Union will apply, notably to the management of the contribution of Turkey. Travel costs and subsistence costs incurred by representatives and experts of Turkey 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 nongovernmental experts of the Member States of the European Union. 7. After the entry into force of this Memorandum of Understanding and at the beginning of each following year, the Commission will send to Turkey a call for funds corresponding to its contribution to each of the respective programmes under this Memorandum of Understanding. This contribution shall be expressed in Euros and paid into an Euro bank account of the Commission. Turkey will pay its contribution by 1 May, 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. Any delay in the payment of the contribution shall give rise to the payment of interest by Turkey on the outstanding amount from the due date. The interest rate corresponds to the rate applied by the European Central Bank to its principal refinancing operations, as published in the C series of the Official Journal of the European Communities, in force on the first calendar day of the month in which the due date falls, increased by 3.5 percentage points.
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