NAŢIONALA -PÊNTHU SPRIJINIREA INIŢIATIVELOR TINEñiLOS \

A N S l t ¡ " " IHTR-ÄRE7'IESIRE'"'

NR. Anul 200 ¿.. .una j P ± . ziua . . M . . \

.1/12

Whereas Decision ή° 1031/2000/EC of 13 April 2000 of the European Parliament and of the Council establishing the second phase of the Commumty action programme "YOUTH" and in' particular the Actions "Youth for Europe", "European Voluntary Service", "Youth initiatives" and "Support measures", whose operational content is described in the Annex to the aforementioned Decision;

I - SPECIAL CONDITIONS

ARTICLE LI - PURPOSE

Through this agreement, the NA undertakes to manage the Community funds awarded to decentralised projects in the framework of the YOUTH Programme in Romania under the following Actions:

Action 1 : Youth for Europe Action 1.1 Exchanges with Programme countries Action 1.2 Exchanges with third countries

Action 2: European voluntary service (EVS) Action 2.1 EVS within Programme countries Action 2.2 EVS with third countries ;

Action 3: Youth initiatives Action 3.1 Group intiatives Action 3.2 Future Capital

Action 5: Support measures Action 5.1.1 Cooperation, training and information with Programme countries Action 5.1.2 Cooperation, training and information with third countries Action 5.1.3 The NA's own raining and cooperation activities

1

[concerned countries only] and in the framework of the Cross-border cooperation Action within the YOUTH Programme under Actions 1.1, 2.1, 5.1.1 and 5.1.3.

ARTICLE 1.2 - DURATION

1.2.1 This agreement shall enter into force on the date when the last of the two parties to the agreement signs it.

1.2.2 The funded activities shall start on 01.03.2003 at the earliest, and end on 31.05.2006 įt the latest. NA own training and cooperation activities (Action 5.1.3) shall end on 31.08.2004 at.the latest.

1.2.3 At the latest by 31.03.2004, the Contractors/Beneficiaries shall be notified of any financial contribution made in the framework of the present agreement

ARTICLE 1.3 - FINANCING . . . . . . . . . . . . -

1.3.1 The maximum amount of Community funding allocated from the 2003 budget to activities mentioned in Article í l is 1.843.863,00 EUR. The allocation for each of the Actions mentioned under Article 1 is set up in Annex I.

1.3.2 If necessary, the NA is entitled to reallocate funds among the different Actions up to a maximum of 20% increase or decrease of the amount allocated for each Action. Beyond this limit of 20%, the NA shall obtain prior agreement from the Commission The NA shall inform the Commission of the reasons for any redistribution beyond this limit no later than the end of the eligibility period for Community funding, which is set up on 31.03.2004.

1.3.3 The funds allocated by the Commission can only be used by the NA for the purpose of the present agreement. Under no circumstance may they give rise to a profit or cover administrative costs of the NA.

ARTICLE 1.4-PAYMENT ARRANGEMENTS

1.4.1 Pre-financing ,

Within 45 days of signature of the agreement by the last of the two parties, a pre-financing payment shall be made to the NA, representing 70% of the amount specified in Article 1.3.1.

ł .3/12 Agreemenť-2003 -1823 / 001 - 001

ş rmsra a final beneficiary within 45 days.

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1.6.6 Exemption from the provisions of Article 1.6.1 concerning the obligation to keep separate bank accounts or to those of Article 1.6.3 concerning interest on Community funds may be granted only on the express authorisation of the Commission following a duly motivated written request from the NA.

ARTICLE 1.7 - COOPERATION WITH OTHER NATIONAL AGENCIES AND THE COMMISISON

1.7.1 To ensure that the National Agencies in each of the countries participating in the programme work together efficiently and to facilitate the exchange of information between them and with the Commission, the NA undertakes to use such IT systems as may be designed and developed by the Commission in collaboration with the National Agencies and to take responsibihty for their local adaptation and maintenance.

1.7.2 The NA shall follow the instructions contained in the operational handbooks produced or to be produced by the Commission.

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ARTICLE 1.8 - GENERAL ADMINISTRATIVE PROVISIONS

1.8.1 The persons competent to monitor implementation of this Agreement are: For the Commission: Mr Pierre Mairesse, Head of Unit For the NA: RIZEA Cristian

1.8.2 Any communication in connecti®n with the agreement shall be in writing, indicating the number of the agreement, and shall be sent exclusively to the following addresses:

For the Commission:

European Commission Directorate General for Education and Culture Mr Pierre Mairesse, Head of Unit D1 Office : VM-2, 05/052 B -1049 Bruxelles ' *

) For the NA:

NATIONAL AGENCY FOR SUPPORTING YOUTH INITIATIVES-ANSIT VASILE CONTA STREET, 16 RO-70139 BUCAREST . . . . . . . --....

ARTICLE 1.9 - LAW APPLICABLE AND COMPETENT COURT

Belgian law shall govern the agreement.

Any dispute between the parties arising from the interpretation or application of the provisions of the agreement that cannot be settled amicably shall be brought before the Court of Justice of the European Communities.

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П.8.3 Where the Commission authorises the NA to assign to a third party all or any of the obligations arising from this Agreement or to sub-contact to a third party any of the tasks involved in its implementation, the NA must ensure that the terms and conditions applicable to it under this agreement also apply to such third parties.

ARTICLE П.9 - TERMMATION

П.9.1 Termination arrangements

The Commission may terminate the agreement, without any indemnity on its part

• in the event of termination for any reason foreseen in the agreement between the Commission and the NA - and without notice.

• if the NA fails to fulfil, is late or in default of a substantial obligation incumbent on it under the terms of the agreement - with two months written notice and failure on the part of the NA to remedy the shortcomings identified during this period in a way deemed satisfactory by the Commission.

A registered letter with acknowledgement of receipt or equivalent shall initiate the termination procedure. Where notice is given, termination shall take effect at the end of the period of notice, which shall start to run from the date of receipt of the letter of termination. Where no notice is given, termination shall take effect on the day following the date of receipt of the letter of termination.

11.9.2 Effects of termination

In the event of termination, payments by the Commission shall be limited to the payments made by the NA to the beneficiaries up to the date when termination takes effect. Payments relating to current commitments that are not due to be executed until after termination shall not be taken into account.

From the date when termination, as notified by the Commission, takes effect, the NA shall have 60 days to produce a request for final payaient in accordance with Article П.12 paragraph 2. If no request is made within this time limit, the Commission shall not reimburse payments made by the NA to the benbficiaries up to the date of termination. The Commission shall recover any amount use of which is not substantiated by activity reports and financial statements that it has approved.

Exceptionally, in' the event of termination by the Commission on the grounds set out in the second point of the first paragraph of this article, the Commission may require the partial or total reimbursement of sums already paid under the agreement on the basis of activity reports and financial statements approved by the Commission, in proportion to the gravity of the failings in question and after allowing the NA to submit its observations.

In the event of termination of the agreement before the final date indicated in the agreement, the Commission shall give the NA instructions concerning the transfer to the Commission or to an organisation designated by the Commission of the data necessary to ensure the management of the operating agreement and any agreements on decentralised actions managed by the NA.

ARTICLE П.10 - SUPPLEMENTARY AGREEMENTS

11.10.1 Any amendment to the agreement must be the subject of a written supplementary agreement concluded between the parties. No verbal agreement may bind the parties to this effect.

11.10.2 The NA must submit any request for an amendment to the Commission in good time before the change is due to take effect and at all events before the date on which eligibility for Community funding ends, except in cases duly substantiated by the NA and accepted by the Commission.

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PART В - FINANCIAL PROVISIONS

ARTICLE П.11 - ELIGIBLE COSTS

The NA undertakes to ensure that the beneficiaries of the grants respect the eligible costs laid down in the present agreement and in the National Agency Handbook produced by the Commission.

ARTICLE П.12 - REQUESTS FOR PAYMENTS

П.12.1 Prė-financing

Pre-financing payments shall be made in accordance with Article 1.4.1 and 1.4.2.

GoTfjmfesimTCŤbrNA shall provide assisLancedmring the checks and-audits'afťbs'ooiáiäcturs whorcueivcd a--grant in the framework of the present agreement.

SIGNATURES

For the NA

(HANSIT %

RIZEA Cristian, . A ^ m X ^ ľ

Function: GiE-Hb-žať bn/Lźr&TD*-

Done at , Daterà/f\?/A>Ä3

For the Commission

João VALE DE ALMEIDA,

Director

Done at Brussels , Dat^p.. IĻŅ . .gl

..In-duplicatein. English - ._ -

=i...

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NATIONAL AGENCY YOUTH

AGREEMENT Nr 2003 -1823 / 001 - 001

Annex

Country : Romania

ALLOCATION OF COMMUNITY FUNDS PER ACTION

The maximum amount of Community funding allocated from the 2003 budget to activities mentioned in article 1.1 of the agreement№ 2003 -1823 / 001 - 001 is 1.843.863,00 EUR. The allocation for each of the Actions mentioned under the same article 1 is set up as follows:

Action 1.1, Youth for Europe - Programme Countries

Action 1.2, Youth for Europe - Third Countries

> Action 2.1, European Voluntary service - Programme Countries

Action 2.2, European Voluntary service — Third Countries

Action 3.1, Group initiatives

Action 3.2, Future Capital

Action 5.1.1, Cooperation, training and information - Programme Countries

Action 5.1.2, Cooperation, training and information — Third Countries

Action 5.1.3, NA own training and cooperation activities

Euro 706.461,00

Euro 35.323,00

Euro 388.553,00

Euro 35.323,00

Euro 158.954,00

Euro 56.517,00

Euro 194.277,00

Euro 70.646,00

Euro 197.809,00