title: 2010/305/: Council Decision of 26 April 2010 appointing one Austrian member of the European Economic and Social Committee

text:
               1.6.2010

               EN

               Official Journal of the European Union

               L 134/75

         COUNCIL DECISION
   of 26 April 2010
   appointing one Austrian member of the European Economic and Social Committee
   (2010/305/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,
   Having regard to Council Decision 2006/524/EC, Euratom (1),
   Having regard to the proposal of the Austrian Government,
   Having regard to the opinion of the Commission,
   Whereas a member’s seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr Heinz PETER,
   HAS ADOPTED THIS DECISION:
   Article 1
   Mr Alfred GAJDOSIK, Mitglied im Präsidium der Fraktion Christlicher Gewerkschafter im Österreichischen Gewerkschaftsbund, Vorsitzender der Fraktion Christlicher Gewerkschafter in der Gewerkschaft vida und Mitglied im Präsidium der vida (Gruppe III — Vertreter der übrigen wirtschaftlichen und sozialen Interessen) is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2010.
   Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Luxembourg, 26 April 2010.

            For the Council

            The President

         M. Á. MORATINOS

      (1)  OJ L 207, 28.7.2006, p. 30.


title: Decision (EU) 2017/1669 of the European Parliament of 27 April 2017 on discharge in respect of the implementation of the budget of the European Food Safety Authority for the financial year 2015

text:
               29.9.2017

               EN

               Official Journal of the European Union

               L 252/225

         DECISION (EU) 2017/1669 OF THE EUROPEAN PARLIAMENT
   of 27 April 2017
   on discharge in respect of the implementation of the budget of the European Food Safety Authority for the financial year 2015
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Food Safety Authority for the financial year 2015,

               —

               having regard to the Court of Auditors' report on the annual accounts of the European Food Safety Authority for the financial year 2015, together with the Authority's reply (1),

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2015, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council's recommendation of 21 February 2017 on discharge to be given to the Authority in respect of the implementation of the budget for the financial year 2015 (05873/2017 — C8-0060/2017),

               —

               having regard to Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (4), and in particular Article 44 thereof,

               —

               having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (5), and in particular Article 108 thereof,

               —

               having regard to Rule 94 of and Annex IV to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A8-0098/2017),

               1.

               Grants the Executive Director of the European Food Safety Authority discharge in respect of the implementation of the Authority's budget for the financial year 2015;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this decision, and the resolution forming an integral part of it, to the Executive Director of the European Food Safety Authority, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Antonio TAJANI

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 449, 1.12.2016, p. 97.

      (2)  See footnote 1.

      (3)  OJ L 298, 26.10.2012, p. 1.

      (4)  OJ L 31, 1.2.2002, p. 1.

      (5)  OJ L 328, 7.12.2013, p. 42.


title: Council Decision of 17 November 2009 concerning the conclusion of the Agreement between the Government of the Russian Federation and the European Union on the protection of classified information

text:
               22.6.2010

               EN

               Official Journal of the European Union

               L 155/56

         COUNCIL DECISION
   of 17 November 2009
   concerning the conclusion of the Agreement between the Government of the Russian Federation and the European Union on the protection of classified information
   (2010/348/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 24 and 38 thereof,
   Having regard to the recommendation from the Presidency,
   Whereas:

               (1)

               At its meeting on 27 and 28 November 2003, the Council decided to authorise the Presidency, assisted by the Secretary-General/High Representative (‘SG/HR’), to open negotiations in accordance with Articles 24 and 38 of the Treaty on European Union with certain third States in order for the European Union to conclude with each of them an Agreement on security procedures for the exchange of classified information.

               (2)

               Following this authorisation to open negotiations the Presidency, assisted by the SG/HR, negotiated an Agreement with the Government of the Russian Federation on the protection of classified information.

               (3)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the Government of the Russian Federation and the European Union on the protection of classified information is hereby approved on behalf of the European Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the European Union (1).
   Article 3
   This Decision shall take effect on the date of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 17 November 2009.

            For the Council

            The President

         C. BILDT

      (1)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

      AGREEMENT
      between the Government of the Russian Federation and the European Union on the protection of classified information
      THE GOVERNMENT OF THE RUSSIAN FEDERATION,
      and
      THE EUROPEAN UNION, hereafter ‘the EU’, represented by the Presidency of the Council of the European Union,
      hereafter ‘the Parties’,
      CONSIDERING THAT the EU and the Russian Federation agree on the need to develop cooperation between them on matters of common interest, especially in the sphere of security;
      RECOGNISING THAT cooperation between the Parties may require access to classified information of the EU or the Russian Federation, as well as exchange of such information between the Parties;
      CONSCIOUS THAT access to classified information as well as its exchange require that appropriate protection measures be taken;
      HAVE AGREED AS FOLLOWS:
      Article 1
      This Agreement shall apply to the protection of classified information which is provided, exchanged or produced between the Parties in the course of their cooperation.
      Article 2
      For the purposes of this Agreement:

                  1.

                  ‘Classified information’ shall mean any information and material protected in accordance with the laws and regulations of either Party, provided, exchanged or produced between the Parties in the course of their cooperation, the unauthorised disclosure of which could cause varying degrees of prejudice to the security interests of the Russian Federation or of the EU or one or more of its Member States, and which has been designated by a security classification.

                  2.

                  ‘Carriers of classified information’ shall mean material, including physical fields containing classified information in the form of symbols, images, signals, technical solutions and processes.

                  3.

                  ‘Security classification’ shall mean a designation indicating:

                              —

                              the degree of prejudice to the interests of the Russian Federation or of the EU or one or more of its Member States which may be caused in the event of unauthorised disclosure of classified information, and

                              —

                              the degree of protection therefore required in accordance with the laws or regulations of the Russian Federation or the EU.

                  4.

                  ‘Classification marking’ shall mean the designation affixed on carriers of classified information and/or any accompanying documentation, indicating the security classification of the information contained therein.

                  5.

                  ‘Security clearance’ shall mean an administrative decision taken in accordance with the laws or regulations of the Russian Federation or the EU certifying that an individual may be allowed access to classified information up to a specified level.

            Article 3
      1.   For the purposes of this Agreement, ‘EU’ shall mean the Council of the European Union (hereafter: ‘Council’), the Secretary-General/High Representative and the General Secretariat of the Council and the European Commission.
      2.   For the purposes of this Agreement, for the Russian Federation, the bodies authorised to implement this Agreement shall be federal governmental authorities of the Russian Federation.
      Article 4
      1.   Classified information may be released, in accordance with paragraphs 2 to 5, by one Party, ‘the providing Party’, to the other Party, ‘the receiving Party’.
      2.   Each Party shall decide on the release of classified information to the other Party on a case-by-case basis according to its own security interests and in accordance with its own laws or regulations. Nothing in this agreement shall be regarded as a basis for mandatory or generic release of classified information or certain categories of information between the Parties.
      3.   Each Party shall, in accordance with its laws or regulations:

                  (a)

                  protect classified information provided, exchanged or produced between the Parties in the course of their cooperation;

                  (b)

                  ensure that neither the security classification nor the classification marking nor markings restricting the distribution of information assigned by the providing Party to classified information provided or exchanged under this Agreement are changed without the prior written consent of that Party, and that classified information provided or exchanged under this Agreement is registered, safeguarded and protected according to the provisions set out in its own laws or regulations for information holding an equivalent security classification and classification marking in accordance with Article 6;

                  (c)

                  use classified information provided or exchanged under this Agreement only for the purposes established by the providing Party;

                  (d)

                  return or destroy carriers of classified information received from the other Party when required to do so in writing by the competent authority of the providing Party;

                  (e)

                  not disclose classified information provided or exchanged under this Agreement to recipients other than those referred to in Article 3 without the prior written consent of the providing Party.

            4.   Classified information shall be forwarded via diplomatic channels, by courier service or by any other means agreed between the competent authorities referred to in Article 10. For the purposes of this Agreement:

                  (a)

                  as regards the EU, all correspondence shall be sent to the Chief Registry Officer of the Council of the European Union. Correspondence shall be forwarded by the Chief Registry Officer of the Council to the Member States and to the European Commission, subject to paragraph 5;

                  (b)

                  as regards the Russian Federation, all correspondence shall be addressed to the Permanent Mission of the Russian Federation to the European Union and European Atomic Energy Community.

            5.   The providing Party may, for operational reasons, address correspondence only to specific competent officials, organs or services of the receiving Party specifically designated as recipients, taking into account their competences and according to the need-to-know principle. Such correspondence shall be accessible only to the aforesaid officials, organs or services. As far as the European Union is concerned, this correspondence shall be transmitted through the Chief Registry Officer of the Council, or the Chief Registry Officer of the European Commission when such information is addressed to the European Commission.
      Article 5
      Each of the Parties shall respectively ensure that the Russian Federation and the European Union each have a security system and security measures in place based on the basic principles and minimum standards of security laid down in their respective laws or regulations, in order to ensure that an equivalent level of protection is applied to classified information subject to this Agreement.
      Article 6
      1.   In order to establish an equivalent level of protection for classified information provided, exchanged or produced between the Russian Federation and the European Union in the course of their cooperation in accordance with their respective laws or regulations, the security classifications shall correspond as follows:

                  EU

                  RUSSIAN FEDERATION

                  CONFIDENTIEL UE

                  СЕКРЕТНО

                  SECRET UE

                  СОВЕРШЕННО СЕКРЕТНО

            2.   The Russian Federation restriction marking ‘ДЛЯ СЛУЖЕБНОГО ПОЛЬЗОВАНИЯ’ shall correspond to the EU security classification RESTREINT UE.
      3.   The cooperating entities of both Parties shall agree on the respective equivalent security classification to be given to any classified information produced in the course of their cooperation and on the declassification or downgrading of such information.
      Article 7
      1.   Access to classified information will be granted only to persons for whom knowledge of the said information is necessary in order to perform their official duties, consistent with the purposes specified when the information is provided.
      2.   All persons who, in the conduct of their official duties require access, or whose duties or functions may afford access, to classified information of the level CONFIDENTIEL UE/СЕКРЕТНО or higher provided, exchanged or produced between the Parties in the course of their cooperation shall be appropriately security-cleared before they are granted access to such information.
      3.   Each Party shall ensure that security clearance procedures are conducted in accordance with its respective laws or regulations with a view to determining whether the circumstances and character of an individual are such that he or she may have access to classified information up to a specified level.
      Article 8
      The competent authorities referred to in Article 10 may exchange the relevant regulations governing the protection of classified information and, by mutual consent, visit each other to conduct reciprocal consultations on the basis of which a conclusion can be made regarding the effectiveness of the measures taken under this Agreement and the technical arrangement referred to in Article 10.
      Article 9
      The receiving Party shall affix its own corresponding classification marking as set out in Article 6, in addition to that already affixed by the providing Party, on carriers of classified information provided, exchanged or produced in the course of cooperation between the Parties, or as a result of translation, copying or duplication.
      Article 10
      1.   In order to implement this Agreement and to ensure that the required conditions for protecting and safeguarding classified information have been established by the receiving Party, the authorities referred to in paragraphs 2 to 4 shall establish a technical arrangement as follows:

                  —

                  they shall inform each other in writing on the technical measures (including practical measures for the handling, storage, reproduction, transmission and destruction of classified information) to protect and safeguard classified information provided, exchanged or produced between the Parties in the course of their cooperation, and

                  —

                  shall confirm in writing that the technical measures ensure a mutually acceptable level of protection for classified information provided, exchanged or produced between the Parties in the course of their cooperation.

            2.   For the Russian Federation, the Federal Security Service of the Russian Federation shall coordinate the activities to implement this Agreement and be responsible for providing information on and confirming the technical measures for the protection and safeguarding of classified information provided to or exchanged with the Russian Federation under this Agreement.
      3.   For the Council, the Security Office of the General Secretariat of the Council, under the direction and on behalf of the Secretary-General of the Council, acting in the name of the Council and under its authority, shall coordinate the activities to implement this Agreement and be responsible for providing information on and confirming the technical measures for the protection and safeguarding of classified information provided to or exchanged with the Council or the General Secretariat of the Council under this Agreement.
      4.   For the European Commission, the European Commission Security Directorate, acting under the authority of the Member of the Commission responsible for security matters, shall coordinate the activities to implement this Agreement and be responsible for providing information on and confirming the technical measures for the protection of classified information provided or exchanged under this Agreement with the European Commission.
      Article 11
      1.   The competent authority of either Party referred to in Article 10 shall immediately inform the competent authority of the other Party of any proven or suspected cases of unauthorised disclosure or loss of classified information provided by that Party, and shall conduct an investigation and shall report the results of this investigation to the other Party.
      2.   The competent authorities of the Parties referred to in Article 10 shall establish, on a case-by-case basis, a procedure with a view to determining, in accordance with the laws and regulations of either Party, proportionate corrective action or measures to be taken in the light of consequences or damage caused.
      3.   Each Party shall take all appropriate measures, in accordance with the applicable laws and regulations, in cases where an individual is responsible for compromising classified information. Measures taken in this context may result in legal action, including possible criminal proceedings, against the individual concerned in accordance with the applicable laws and regulations.
      Article 12
      Each Party shall bear the costs it incurs arising from the measures to protect classified information under this Agreement.
      Article 13
      This Agreement shall not preclude the Parties from concluding other Agreements relating to the provision or exchange of classified information subject to this Agreement provided that they do not conflict with the provisions of this Agreement.
      Article 14
      Any differences between the Parties arising out of the interpretation or application of this Agreement shall be dealt with by negotiation between them. During such negotiations, the Parties shall continue to carry out their obligations in accordance with this Agreement.
      Article 15
      1.   This Agreement shall enter into force on the first day of the month following notification by the Parties of the completion of the internal procedures necessary for its entry into force.
      2.   Either Party may request consultations for consideration of possible amendments to this Agreement.
      3.   Any amendment to this Agreement shall be made in writing only and by common agreement of the Parties. It shall enter into force under the conditions provided for in paragraph 1.
      Article 16
      This Agreement may be denounced by either Party by written notice of denunciation given to the other Party. Such denunciation shall take effect six months after receipt of notification by the other Party. Notwithstanding such denunciation, obligations regarding the protection of all classified information provided or exchanged pursuant to the present Agreement in accordance with the provisions set forth herein shall continue to apply.

         IN WITNESS WHEREOF the undersigned, respectively duly authorised, have signed this Agreement.
         Done at Rostov-on-Don on the first day of June in the year two thousand and ten in two copies each in the Russian and English languages.

               For the Government of the Russian Federation

               For the European Union


title: Commission Decision of 1 August 2013 on the putting into effect of the EU contribution paid on a pro-rata basis to schools accredited by the Board of Governors of the European Schools according to the number of children of EU staff enrolled, replacing Commission Decision C(2009) 7719 as amended by Commission Decision C(2010) 7993

text:
               2.8.2013

               EN

               Official Journal of the European Union

               C 222/8

         COMMISSION DECISION
   of 1 August 2013
   on the putting into effect of the EU contribution paid on a pro-rata basis to schools accredited by the Board of Governors of the European Schools according to the number of children of EU staff enrolled, replacing Commission Decision C(2009) 7719 as amended by Commission Decision C(2010) 7993
   2013/C 222/06
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 335 thereof,
   Having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 (1), and in particular Article 54(2)(e) thereof,
   Whereas:

               (1)

               A network of European Schools has been established for the children of the staff members of the institutions and other bodies of the European Union.

               (2)

               The European Union supports the European schooling for the children of its staff by contributing to the European Schools within the meaning of the Convention defining the Statute of the European Schools (2) and guaranteeing to the children of its staff free of charge priority enrolment in these schools.

               (3)

               The policy regarding families of staff of the European Union and in particular Article 3 of Annex VII of the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union, granting a double education allowance in cases where no European School is within 50 km of the workplace, confirms this approach.

               (4)

               The Decision of the Board of Governors of the European Schools of 23 April 2009 on the reform of the European Schools system (3), opened up the system of European Schools to schools offering the European curriculum and, in some cases, the European Baccalaureate, and being accredited by a Decision of the Board of Governors confirming that they meet a number of conditions in relation to teaching requirements and quality of education.

               (5)

               In its meeting of 18 April 2013, the Board of Governors of the European Schools repealed its Decision of 23 April 2009 and the related legal documents defining a contribution of the European Union to Accredited European Schools providing schooling for children of EU staff and replaced it by a Regulation on Accredited European Schools that no longer contains a legal basis for an EU contribution to Accredited European Schools (4).

               (6)

               The Commission Decision C(2009) 7719 of 14 October 2009 on the putting into effect of the Community contribution paid on a pro-rata basis to schools accredited by the Board of Governors of the European Schools according to the number of children of Community staff enrolled, amended by Commission Decision C(2010) 7993 of 8 December 2010, which details the method foreseen in Part III.1 of the Decision of the Board of Governors of 23 April 2009, therefore needs to be replaced.

               (7)

               The method to establish the EU contribution which foresees annual adaptations needs to be reformed, since it is too cumbersome, one of the parameters to be taken into account can no longer be determined on the basis of real data, the parameters provided for are outside the control of the EU and unrelated to the EU contributions for EU staff pupils attending other educational establishments.

               (8)

               The conditions of payment of the EU contribution need to be reformed, so as to ensure that the EU contribution is established in accordance with the principles of family welfare and economy, and to clarify the method of distribution in cases where the entry by the budgetary authority of the European Union of funds in the budget of the Union institutions is insufficient to pay the full EU contribution,

               (9)

               The source of the EU contribution needs to be shifted to the European institutions or other bodies, which have to decide within their administrative autonomy, whether they wish or not to ensure free of charge priority access to European schooling for the children of their staff in return for carrying the cost of the related EU contribution paid by the European Commission,

         HAS ADOPTED THIS DECISION:
   Sole Article
   Commission Decision C(2009) 7719, amended by Commission Decision C(2010) 7993, is repealed and replaced as follows:

      ‘Article 1
      Scope
      1.   This Decision is applicable to contributions paid by the European Commission (hereinafter “the Commission”) to Type II European Schools within the meaning of Article 2(8) of the present Decision or to the national public or private bodies in charge of these schools,

                  (a)

                  on its own behalf for the children of the Commission's EU staff who are enrolled in the Type II European Schools concerned, or

                  (b)

                  in the name and on behalf of other European institutions and other bodies, for the children of their EU staff who are enrolled in the Type II European Schools concerned, if the bodies in the name and on behalf of which the Commission paid the contributions committed themselves to reimburse the Commission based on a Mandate and Service Agreement within the meaning of Article 2(12) of the present Decision.

            2.   This Decision applies to any dispute concerning the eligibility of children of individuals employed by the Commission as EU staff pupils within the meaning of Article 2(3).
      3.   This Decision does not apply, in particular, to matters related to the accreditation of a Type II European School, to the eligibility as of children of staff members of other European institutions and other bodies as EU staff pupils within the meaning of Article 2(3) of the present Decision, nor to any other matter related to a direct interaction between other European institutions and bodies and a Type II European School or national public or private body in charge of it.
      Article 2
      Definitions
      1.   An “Accredited European School” is a school in a Member State of the European Union which has obtained accreditation for European Schooling by the Board of Governors of the European Schools.
      2.   The “accreditation period” and “accredited level” are the period and level for which the accreditation for European schooling from the Board of Governors is valid.
      3.   “EU staff pupils” are children, including orphans, of:

                  (a)

                  Members or former Members of the institutions of the European Union,

                  (b)

                  staff members in active service or pensioners of the institutions and other bodies of the European Union who are eligible to receive an education allowance under Article 3(1) of Annex VII to the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union (5) (hereinafter “Staff Regulations”).

            4.   The “annual single education allowance” is the amount equivalent to twelve (12) times the maximum monthly education allowances pursuant to Article 3(1) of Annex VII to the Staff Regulations as applicable at the beginning of the school year concerned.
      5.   A “school year” is the ten months period between 1 September of the year N and 30 June of the year N + 1, which serves as a basis for the calculation of the EU contribution.
      6.   A “month of enrolment” is any calendar month during the school year, during which the EU staff pupil concerned was enrolled in the Type II European School.
      7.   “Type I European Schools” are schools within the meaning of the Convention defining the Statute of the European Schools (6).
      8.   “Type II European Schools” are Accredited European Schools in which EU staff pupils are granted free of charge priority enrolment.
      9.   The “beneficiary” is the Type II European School or the national public or private body in charge of it which receives an EU contribution in return for granting EU staff pupils free of charge priority enrolment in the Type II European School.
      10.   The “EU contribution” is the contribution the Commission pays to a beneficiary per EU staff pupil enrolled in accredited levels in the school during the accreditation period and proportionate to the duration of his/her actual enrolment, either on its own behalf or, based on a Mandate and Service Agreement, in the name and on behalf of another European institution or other body.
      11.   An “EU Contribution Agreement” is an agreement concluded by the Commission with the beneficiary on the Commission's own behalf and/or, based on a valid Mandate and Service Agreement, in the name and on behalf of another European institution or other body regarding the calculation and the conditions of payment and possibly recovery of an EU contribution.
      12.   A “Mandate and Service Agreement” (hereinafter ‘MSA’) is an agreement between the Commission and another European institution or other body, in which the latter mandate the Commission to conclude and implement, in their name and on their behalf, EU Contribution Agreements with beneficiaries which grant their EU staff pupils free of charge priority enrolment, and commit themselves to carry the cost thereby incurred by the Commission.
      Article 3
      Conditions for payment
      1.   For the accreditation period and the accredited levels, the Commission shall pay, on its own behalf or in the name and on behalf of another European institution or other body, an EU contribution per EU staff pupil enrolled in a given Type II European school to the beneficiary concerned, calculated on a monthly basis in accordance with Articles 5 and 6 of the present Decision, if the conditions pursuant to paragraphs 2 and 3 of the present Article are fulfilled.
      2.   If the Commission acts in the name and on behalf of another European institution or other body, prior to the conclusion of an EU Contribution Agreement the following conditions have to be met:

                  (a)

                  the Commission has concluded an MSA valid for the budgetary years in which the EU contribution concerned is to be committed, based on the model agreement attached as Annex I to the present Decision;

                  (b)

                  the Commission has submitted a copy of the signed MSA to the beneficiary.

            3.   Independent of whether the Commission acts on its own behalf or in the name and on behalf of another European institution or other body, the following conditions have to be met:

                  (a)

                  The beneficiary has concluded an EU Contribution Agreement with the European Union represented by the Commission, based on the model agreement attached as Annex II to the present Decision;

                  (b)

                  The beneficiary exempts EU staff pupils covered by the EU Contribution Agreement enrolled in accredited levels from school fees and grants them priority with respect to enrolment in the Type II European School concerned;

                  (c)

                  The beneficiary ensures the transmission to the Commission of the figures and data necessary for the verification, calculation and payment of the EU contribution within the deadlines provided for in Article 9 of the present Decision;

                  (d)

                  The beneficiary ensures the collection and preservation of the documents and data necessary for the verification of the figures and data referred to in subparagraph (c) of the present paragraph.

            Article 4
      Conversion of a Type I European School into a Type II European School
      Where a Type I European School changes its status to that of a Type II European School the Commission may determine a higher EU contribution for the Type II European School during a transition period, taking into account the costs associated with the transition and with the need to ensure continuity of education of EU staff pupils. The amount thus determined shall not exceed the amount of the EU contribution made to the Type I European School before the transition and shall be decreasing throughout the transition period.
      Article 5
      Calculation of the EU contribution per EU staff pupil
      The EU contribution per EU staff pupil is calculated as follows:

                  (a)

                  For EU staff pupils enrolled in accredited Nursery and Primary school levels:

                  (b)

                  For EU staff pupils enrolled in accredited Secondary school levels:

            Article 6
      Conditionality of the EU contribution
      1.   Whenever the entry by the budgetary authority of the European Union of funds in the budget of the Commission or the European institutions or other bodies is insufficient to cover the EU contribution as determined in accordance with Article 5 of the present Decision, the EU contribution of the Commission, the European institutions and other bodies concerned by the insufficient entry of funds can be reduced pro-rata. In that case, the Commission shall:

                  (a)

                  inform the beneficiaries concerned of the situation and offer them the reduced EU per pupil contribution for the school year N/N + 1 before 15 February of the year N (date of sending);

                  (b)

                  terminate or not renew the on-going EU Contribution Agreement, if a beneficiary does not accepted the offer by 30 April of the year N (date of sending).

            2.   If, on 1 January of a given year, the budget of the European Union or body concerned has not been adopted and the monthly appropriations available to the Commission or body are consequently limited to one twelfth of the appropriations available in the budget for the previous financial year pursuant to article 16 of the Regulation (EU, Euratom) No 966/2012, the payment shall be paid monthly on the basis of the annual amount paid in the previous year.
      3.   Interest on deferred payment shall be due as of right in accordance with Article 83 of the Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (7).
      Article 7
      Empowerment
      1.   The Director-General of DG HR shall be empowered to conclude, in the name and on behalf of the Commission, an MSA with the European institutions and other bodies in the name and on behalf of which the Commission intends to conclude an EU Contribution Agreement based on the model agreement attached as Annex I to the present Decision.
      2.   The Director-General of DG HR shall be empowered to conclude, in the name and on behalf of the Commission and of the other European institutions and bodies, with which a valid MSA for the budgetary years concerned exists, an EU Contribution Agreement with the beneficiary based on the model agreement attached as Annex II to the present Decision.
      3.   The Director-General of DG HR shall be empowered to conclude, in the name and on behalf of the Commission and of the other European institutions and bodies, with which a specific MSA has been concluded for this purpose, a specific EU Contribution Agreement in the case referred to in Article 4 of the present Decision.
      Article 8
      Payment and recovery procedure
      1.   The Commission, on its own behalf or in the name and on behalf of the other European institutions or other bodies falling within the scope of the EU Contribution Agreement, shall pay the EU contribution to the beneficiary, onto the bank account referred to in the EU Contribution Agreement.
      2.   A pre-financing payment of the EU contribution for the school year N/N + 1 shall be made by 31 December of the budgetary year N based on the data and indicative figures provided pursuant to Article 9(1) of the present Decision at the beginning of this school year together with the final payment of the EU contribution for the school year N – 1/N.
      3.   The final payment for the school year N – 1/N shall be based on the final data and figures provided pursuant to Article 9(2) of the present Decision and reduced by the pre-financing paid for the same school year.
      4.   The final payment for the school year N – 1/N shall be offset with the pre-financing payment for the school year N/N + 1.
      5.   The applicable payment and recovery procedures are provided for in the Financial rules applicable to the general budget of the Union (8) and in the draft EU Contribution Agreement in Annex II to the present Decision.
      Article 9
      Provision of data necessary for the calculation of the EU contribution
      1.   In accordance with the applicable data protection legislation, the beneficiary ensures the collection and provision to the Commission or the other EU institutions and other bodies falling within the scope of the EU Contribution Agreement of the following data concerning the school year N/N + 1 before 16 September of the year N:

                  (a)

                  the full name(s) of the EU staff parent(s) of the EU staff pupil(s) enrolled;

                  (b)

                  the denomination of the EU institution or other body from which the EU staff parent(s) or the EU staff pupil(s) derive their status;

                  (c)

                  the full name(s) of the EU staff pupil(s) enrolled;

                  (d)

                  the accredited level of Nursery, Primary or Secondary, in which each EU staff pupil is enrolled;

                  (e)

                  the forecast number of months of enrolment of each eligible EU staff pupil enrolled in accredited Nursery, Primary or Secondary school levels.

            2.   In accordance with the applicable data protection legislation, the beneficiary ensures the collection and provision to the Commission or the other EU institutions and other bodies falling within the scope of the EU Contribution Agreement of the following data concerning the school year N/N + 1 before 16 July of the year N + 1:

                  (a)

                  the full name(s) of the EU staff parent(s) of the EU staff pupil(s) enrolled;

                  (b)

                  the denomination of the EU institution or other body from which the EU staff parent(s) or the EU staff pupil(s) derive their status;

                  (c)

                  the full name(s) of the EU staff pupil(s) enrolled;

                  (d)

                  the accredited level of Nursery, Primary or Secondary, in which each EU staff pupil is enrolled;

                  (e)

                  the actual number of months of enrolment of each eligible EU staff pupil enrolled in accredited Nursery, Primary or Secondary school levels.

            Article 10
      Collection, preservation and verification of data
      In accordance with the applicable data protection legislation, the beneficiary ensures that for a period of five (5) years after the end of the school year N/N + 1, all relevant data are collected, preserved and made available in case of a verification by the Commission or by another European institution in charge of the verification of the figures and data transmitted in accordance with Article 9 of the present Decision. These include the original accounting documents and certified copies of all documents relevant to the payment, and, in particular, proof for the data transmitted pursuant to Article 9 of the present Decision.
      Article 11
      Applicable law and competent courts
      1.   The EU contribution is governed by the terms of the present Commission Decision, the EU Contribution Agreement, the law of the European Union, and, on a subsidiary basis, by the law of the Member State in which the beneficiary is based.
      2.   The beneficiary may bring legal proceedings regarding decisions by the Commission concerning the application of the provisions of the EU Contribution Agreement before the General Court and, in the event of an appeal, the Court of Justice.
      Article 12
      Entry into force and publication
      1.   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union for all EU Contribution Agreements concluded after that date.
      2.   EU Contribution Agreements concluded before the adoption of the present Decision shall remain effective until the next date of expiry fixed pursuant to the respective Agreement, unless otherwise agreed by the parties to it.
      3.   In the cases pursuant to paragraph 2 of the present Article, the present Decision shall apply as of the day after the date of expiry of the respective EU Contribution Agreement for the remaining school year, unless otherwise agreed by the parties to it.

      Done at Brussels, 1 August 2013.

            For the Commission, On behalf of the President,
         Maroš ŠEFČOVIČ

            Vice-President

      (1)  OJ L 298, 26.11.2012, p. 3.

      (2)  OJ L 212, 17.8.1994, p. 3.

      (3)  Documents 2009-D-353-en-4 and 2009-D-681-en-1 of the Office of the Secretary-General of the European Schools.

      (4)  Document 2013-01-D-64-en-4 of the Office of the Secretary-General of the European Schools.

      (5)  OJ L 348, 29.12.2009, p. 10.

      (6)  See footnote 2.

      (7)  OJ L 362, 31.12.2012, p. 1.

      (8)  Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012.’

      ANNEX I

         [MODEL]
          (1)

         MANDATE AND SERVICE AGREEMENT

         concerning the collaboration between [full name of the European institution or other body, whose staff’s children are to be granted free of charge priority enrolment in a Type II European School (hereinafter ‘[Acronym of the European institution or other body, hereinafter abbreviated“ACRONYM”]’)] and the European Commission

      The [ACRONYM], represented for the purposes of the present Mandate and Service Agreement by its [name of the function of its legal representative], [name of the legal representative],
      and
      the European Commission (hereinafter ‘the Commission’), represented for the purpose of the present Mandate and Service Agreement by the Director-General of the Directorate-General for Human Resources and Security, [name of the Director-General],
      Having regard to Commission Decision C(2013) […] of […] on the putting into effect of the EU contribution paid on a pro-rata basis to schools accredited by the Board of Governors of the European Schools according to the number of children of EU staff enrolled, replacing Commission Decision C(2009) 7719 of 14 October 2009 as amended by Commission Decision C(2010) 7993 of 8 December 2010 (hereinafter ‘the Commission Decision’), and in particular its Article 2 thereof,
      [option in case of an existing Framework Administrative Arrangement between the Commission represented by DG HR with the institution or other body concerned: Having regard to the Framework Administrative Arrangement between the [ACRONYM] and the departments of the Commission of [date] (hereinafter ‘the FAA’)],
      Whereas the provision of free of charge priority enrolment in European schooling for children of EU staff is the responsibility of each European institution or other body employing this staff within its administrative autonomy within the meaning of Article 54(2)(e) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (2),
      Whereas the Commission will conclude an EU Contribution Agreement for the Type II European School[s] within the meaning of the Commission Decision, referred to in Article 1(2) of the present Agreement, covering all EU staff pupils of [ACRONYM] enrolled in [this/these school(s)],
      HAVE AGREED AS FOLLOWS:
      Article 1
      Scope
      1.   The collaboration between the [ACRONYM] and the Commission with respect to the implementation of the EU Contribution Agreement[s] to be concluded by the Commission in the name and on behalf of the [ACRONYM] with the Type II European School[s] (hereinafter ‘Type II ES’) and/or the national public or private body in charge of [it/them] (hereinafter ‘national bodies’) referred to in paragraph 2 of the present Article shall be governed by [option in case of an existing Framework Agreement between the Commission/DG HR and the European institution or other body concerned: the terms of the FAA and] the terms of the present Mandate and Service Agreement (hereinafter ‘MSA’) [option:, which shall be annexed to the FAA as an integral part thereof].
      2.   The present MSA applies to the EU Contribution Agreement[s] to be concluded by the Commission in the name and on behalf of [ACRONYM] with the following [Type II ES and/or national body/ies] (hereinafter ‘beneficiar[y/ies]’):

                  (a)

                  [[official name of the Type II ES] [or: [official name of the national body] for [official name of the Type II ES]] and address thereof] [.] [option: , and]

                  (b)

                  [[official name of the Type II ES] [or: [official name of the national body] for [official name of the Type II ES]] and address thereof] [.] [option: , and]

                  (c)

                  […]

            3.   The following annexes form an integral part of the present MSA:

                  (a)

                  Annex I: Commission Decision C(2013) […] of […] on the putting into effect of the EU contribution paid on a pro-rata basis to schools accredited by the Board of Governors of the European Schools according to the number of children of EU staff enrolled, replacing Commission Decision C(2009) 7719 of 14 October 2009 as amended by Commission Decision C(2010) 7993 of 8 December 2010 (hereinafter ‘Commission Decision’);

                  (b)

                  Annex II: Final draft of the EU Contribution Agreement[s] with the beneficiar[y/ies] referred to in paragraph 2 of the present Article, by which children of EU staff of the [ACRONYM] signatory of the present MSA are to be granted free of charge priority enrolment (hereinafter ‘EU Contribution Agreement[s]’).

            Article 2
      Mandate
      The [ACRONYM] mandates the Commission represented by the Director-General of the Directorate-General for Human Resources and Security (hereinafter ‘DG HR’) to conclude and implement in its name and on its behalf the EU Contribution Agreement[s] with the beneficiar[y/ies], enclosed as [a] final draft[s] in Annex II to the present MSA.
      Article 3
      Transmission of the EU Contribution Agreement
      After the conclusion of the EU Contribution Agreement[s] with beneficiar[y/ies] in the name and on behalf of the [ACRONYM], the Commission transmits a signed copy of the EU Contribution Agreement[s] to [ACRONYM] within ten (10) working days following its signature.
      Article 4
      Designation of a central contact person
      1.   By exchange of notes between the [name of the function of the legal representative] of the [ACRONYM] and the Director-General of DG HR, each of them shall designate a central contact person for all questions related to the present MSA. The designation shall be made by reference to the function occupied by the person concerned. It may be altered by unilateral notification at any time.
      2.   The central contact person in the [ACRONYM] is part of its Human Resources Department.
      3.   The parties to the present MSA notify each other and the beneficiar[y/ies] of the contact details of the central contact person and of any changes in this respect.
      4.   The designated central contact person in DG HR organises at least one annual meeting with the [ACRONYM] to discuss and coordinate issues.
      5.   Furthermore, the central contact persons communicate as needed or when one party requests it to review the implementation of the present MSA and to address management-related issues. Should it appear necessary, they will propose any required changes to the MSA, to be validated by the [function] of the [ACRONYM] and the Director-General of DG HR.
      Article 5
      Establishment of the budget and provision of funds
      1.   For the forecast of the budget for the year N + 1, in collaboration with the [ACRONYM] and on the basis of the EU staff pupil numbers in the school year N – 1/N, the Commission estimates the EU staff pupil number corresponding to [ACRONYM] expected to be enrolled in the school year N + 1/N + 2 and calculates the corresponding EU contribution pursuant to Article 5 of the Commission Decision and Article 5 of the EU Contribution Agreement.
      2.   For the year N, the [ACRONYM] shall ensure that the amount corresponding to the EU contribution for [ACRONYM]'s EU staff pupils estimated is provided for in its budget.
      3.   Notwithstanding paragraph 2 of the present Article, in cases, where the budgetary authority of the European Union reduces the funds put at the disposal for Type II European Schools, the [ACRONYM] shall provide for the pro-rata reduced amount corresponding to the number of [ACRONYM]'s EU staff pupils in its budget.
      Article 6
      Establishment and communication of the number of months of enrolment
      1.   The [ACRONYM] verifies the figures and data received from the beneficiar[y/ies] pursuant to Article 9 of the Commission Decision and calculates the number of months of enrolment of EU staff pupils of its staff in the Type II ES referred to in Article 1(2) of the present MSA pursuant to Article 2(6) of the Commission Decision.
      2.   The [ACRONYM] provides the Commission and the beneficiar[y/ies] the following figures concerning the school year N/N + 1 before 16 October of the year N:

                  (a)

                  the forecast number of months of enrolment during the school year N/N + 1 of EU staff pupils enrolled in accredited nursery and primary school levels;

                  (b)

                  the forecast number of months of enrolment during the school year N/N + 1 of EU staff pupils enrolled in accredited secondary school levels.

            3.   The [ACRONYM] provides the Commission and the beneficiar[y/ies] the following figures concerning the school year N – 1/N before 16 August of the year N:

                  (a)

                  the actual number of months of enrolment during the school year N/N + 1 of EU staff pupils enrolled in accredited nursery and primary school levels;

                  (b)

                  the actual number of months of enrolment during the school year N/N + 1 of EU staff pupils enrolled in accredited secondary school levels.

            Article 7
      Payment request of the Commission
      1.   In the first semester of the year N, the Commission submits a debit note to [ACRONYM] for payment of the amount budgeted for the year N pursuant to Article 5 of the MSA.
      2.   On the basis of the information received from [ACRONYM] pursuant to Article 6 of the present Agreement, the Commission calculates, whether the amount debited to [ACRONYM] corresponds to the EU contribution pursuant to Article 8 of the present MSA. Possible differences shall be offset in the debit note for the year N + 1.
      3.   The cost of services related to giving basic advice and to the regular calculation and payment of EU contributions for children of EU staff employed by [ACRONYM] will not be charged.
      4.   [Option: If the implementation of the EU contribution in the name and on behalf of the [ACRONYM] causes the Commission an extraordinary additional workload (e.g. in case of a recovery order) or the [ACRONYM] is responsible for errors or delays for which the beneficiar[y/ies] hold[s] the Commission liable, the Commission will submit a separate detailed invoice established on the basis of the additional full-time equivalents actually needed, calculated at the cost of a function group II contract staff member.]
      5.   Within 45 calendar days of the reception of the payment request, [ACRONYM] shall pay the amount invoiced to the bank account indicated and that amount will be made available to DG HR as assigned revenue on budget line ‘26.017031 — Type 2 European Schools’ [option: The amount incurred pursuant to paragraph 4 of the present Article shall be paid to the bank account indicated and that amount will be made available as assigned revenue on the budget line that financed those extra costs, i.e. the salary's line XX.1010101 or the contract agents' part of DG HR's global envelope] [option: and subject to the guidelines laid down in Articles … of the FAA]].
      Article 8
      Calculation and payment of the EU contribution to the beneficiary
      1.   The Commission calculates in accordance with Articles 5 and 6 of the Commission Decision and Articles 5 and 6 of the EU Contribution Agreement the amount to be paid in the name and on behalf of the [ACRONYM] to the beneficiar[y/ies] on the basis of the figures provided by the [ACRONYM] pursuant to Article 6 of the present MSA.
      2.   Pursuant to Article 8 of the Commission Decision, by 31 December of the year N the Commission shall pay the beneficiar[y/ies] the pre-financing forecast for the school year N/N + 1, adjusted by the final payment for the previous school year, and informs the beneficiar[y/ies] and the [ACRONYM] thereof.
      Article 9
      Service provision, cooperation and communication
      1.   The [ACRONYM] and the Commission undertake to implement [option: the FAA and] the present MSA in a spirit of close cooperation and agree that clear communication is essential. Necessary and timely information to ensure smooth collaboration and sound reporting for budgetary purposes shall be communicated between the [ACRONYM] and the Commission.
      2.   The [ACRONYM] shall inform its staff in a timely and comprehensive manner about the possibility of and the conditions for the provision of free of charge priority enrolment in the Type II ES referred to in Article 1(2) of the present MSA.
      Article 10
      Communication of errors and anomalies
      1.   The [ACRONYM] shall notify errors and/or anomalies concerning the services provided by the Commission under the present MSA to the central contact person designated pursuant to Article 4(1) of the present MSA.
      2.   The Commission shall notify errors and/or anomalies concerning the data provided by the [ACRONYM] under the present MSA to the [ACRONYM]'s central contact person designated pursuant to Article 4(1) of the present MSA.
      3.   In reply to this notification the respective central contact person shall indicate the reason for the error or anomaly as well as the proposed solution and the date by which this solution will be implemented. If this information cannot be provided promptly, the [ACRONYM] respectively the Commission will be kept informed about measures taken.
      Article 11
      Cooperation in case of harmful events or the risk thereof
      1.   Any question related to the consequences of harmful events occurring in connection with the implementation of the present MSA shall be resolved taking into account the role of the [ACRONYM] as interested party and supervisor of the services to be provided and the ensuing liability.
      2.   If the implementation of the present MSA causes, or threatens to cause, damage to assets held by the Commission or by the [ACRONYM] or to the interests of a third party, the Commission and the [ACRONYM] shall keep each other informed and take any necessary measures to limit the damage.
      3.   If a third party invokes the Commission's liability or that of the [ACRONYM], the Commission and the [ACRONYM] shall consult each other on the line to be taken.
      Article 12
      Dispute settlement
      1.   The [ACRONYM] will represent the European Union in the event of disputes between the [ACRONYM] and the pupil or his/her legal representative or between the [ACRONYM] and the beneficiar[y/ies] regarding the eligibility of pupils as EU staff pupils or the number of months of enrolment as EU staff pupils.
      2.   The Commission will represent the European Union in the event of disputes between the Commission and the beneficiar[y/ies] regarding the calculation of the amount to be paid to or to be recovered from the beneficiar[y/ies], where the eligibility of pupils as EU staff pupils and of the number of months of enrolment as EU staff pupils is undisputed.
      3.   In the event of disputes between the parties to the present Agreement regarding its interpretation or implementation, the following applies:

                  (a)

                  the parties try to reach an amicable agreement in a spirit of good cooperation first on the level of the services, then on the level of the [name of the function of the legal representative] of the [ACRONYM] and the Director-General of DG HR;

                  (b)

                  if no amicable agreement can be reached, the parties may submit the dispute to an arbitrator designated jointly and accepted by both parties, whose decision will be binding upon the parties.

            Article 13
      Data protection
      The parties to the present MSA ensure that data protection rules pursuant to the Regulation (EC) No 45/2001 of the European Parliament and of the Council are strictly observed when handling the data received from the beneficiar[y/ies].
      Article 14
      Amendments
      Any amendment to the present MSA shall take the form of an additional written agreement between the [name of the function of the legal representative] of the [ACRONYM] and the Director-General of DG HR.
      Article 15
      Duration and renewal
      1.   The present MSA enters into force on the date of signature by the parties and expires with the EU Contribution Agreement[s] to be concluded with the beneficiar[y/ies], the final draft[s] of which [is/are] attached in Annex I to the present Agreement.
      2.   The present MSA shall be tacitly prolonged and become applicable to acts related to [the] tacitly renewed EU Contribution Agreement[s] pursuant to paragraph 1 of the present Article, unless the [name of the function of the legal representative] of the [ACRONYM] informs the Director-General of DG HR six (6) months before the end date of the on-going EU Contribution Agreement that the [ACRONYM] does not wish to extend it to a further EU Contribution Agreement.
      3.   Notwithstanding paragraph 2 of the present Article, both parties can terminate the present MSA for the school year N/N + 1 by giving notice by 15 January of the year N.
      4.   The mandate to act in the name and on behalf of the [ACRONYM] granted pursuant to Article 2 is valid and applicable to all acts related to th[is/ese] EU Contribution Agreement[s], independent of [its/their] expiry and of the expiry of the present MSA.

                  [Name], [name of the function of the legal representative] of the [ACRONYM]

                  [Name], Director-General of DG HR

                     [signature]

                     [signature]

                  Done at …

                  Done at …

                  Date: …

                  Date: …

         (1)  In the final version, the greyed text is to be erased, adjusted or replaced by the adequate text option.

         (2)  Official Journal of the European Union (hereinafter ‘OJ’) L 298, 26.11.2012, p. 3.

      ANNEX II

         [MODEL]
          (1)

         EU Contribution Agreement

         This agreement is concluded between:

      The European Union, represented by the European Commission (hereinafter ‘the Commission’), which is represented for the purposes of signature of the present agreement by [full name], Director General DG HR, of the one part,
      and
      [official name of the Type II European School or of the national public or private body in charge of the Type II European school] (hereinafter ‘the beneficiary’), represented for the purposes of signature of the present agreement by [name of the function of the legal representative], [name of the legal representative], of the other part,
      The following Annex[es] shall form an integral part of the agreement:
      Annex I: Commission Decision C(2013)[…] of […] on the putting into effect of the EU contribution paid on a pro-rata basis to schools accredited by the Board of Governors of the European Schools according to the number of children of EU staff enrolled, replacing Commission Decision C(2009) 7719 of 14 October 2009 as amended by Commission Decision C(2010) 7993 of 8 December 2010.
      [where applicable: Annex II: Mandate and Service Agreement[s] concluded by the Commission with [the] other European institution[s] or other bod[y/ies] pursuant to Article 1 of the present EU Contribution Agreement]

         PREAMBLE

                  (1)

                  Whereas the European Union supports European schooling for the children of its staff members;

                  (2)

                  This policy is confirmed by the contribution of the European Union to the European Schools within the meaning of the Convention defining the Statute of the European Schools (2) and its policy regarding families of the staff of the European institutions and other bodies, in particular Article 3 of Annex VII of the Staff Regulations of Officials and Other Servants of the European Union granting a double education allowance in cases where no European School is within 50 km of the workplace;

                  (3)

                  The Decision of the Board of Governors of the European Schools of 23 April 2009 on the reform of the European Schools system (3), opened up the system of European Schools to schools offering the European curriculum and, in some cases, the European Baccalaureate, and being accredited by a Decision of the Board of Governors confirming that they meet a number of conditions in relation to teaching requirements and quality of education;

                  (4)

                  In its meeting of 18 April 2013, the Board of Governors of the European Schools repealed its Decision of 23 April 2009 and the related legal documents defining a contribution of the European Union to Accredited European Schools providing schooling for children of EU staff and replaced it by a Regulation on Accredited European Schools that no longer contains a legal basis for an EU contribution to Accredited European Schools (4);

                  (5)

                  The European Commission shall pay an EU contribution, on its own behalf or in the name and on behalf of another European institution or other body, wishing to ensure free of charge priority enrolment of the children of its staff in return for the payment of such a contribution within its administrative autonomy pursuant to Article 54(2)(e) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 (5) on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002;

                  (6)

                  The European Commission shall pay the EU Contribution directly to Accredited European Schools granting free of charge priority enrolment to EU staff pupils or to the national public or private bodies in charge of it pursuant to the Commission Decision C(2013)[…] of […] on the putting into effect of the EU contribution paid on a pro-rata basis to schools accredited by the Board of Governors of the European Schools according to the number of children of EU staff enrolled, replacing Commission Decision C(2009) 7719 of 14 October 2009 as amended by Commission Decision C(2010) 7993 of 8 December 2010.

         CONSEQUENTLY

      Having regard to Commission Decision C(2013)[…] of […] on the putting into effect of the EU contribution paid on a pro-rata basis to schools accredited by the Board of Governors of the European Schools according to the number of children of EU staff enrolled, replacing Commission Decision C(2009) 7719 of 14 October 2009 as amended by Commission Decision C(2010) 7993 of 8 December 2010,
      Having regard to the Accreditation and Cooperation Agreement[s] signed on […] [where applicable: and on […] and/or and renewed on […] between the Secretary-General of the European Schools, representing the European School System, and [name of function] representing the Type II European School[s] referred to in Article 1 of the present EU Contribution Agreement, and in particular Article[s] […] thereof,
      THE PARTIES HEREBY AGREE AS FOLLOWS:
      Article 1
      Scope
      1.   This agreement (hereinafter ‘EU Contribution Agreement’) applies to the following institution[s] [where applicable: and] other body/ies] of the European Union (hereinafter ‘the European institutions [where applicable: and other bodies]’):

                  (a)

                  [The Commission[if applicable:; and]]

                  (b)

                  [if applicable: full name and address of the European institution or other body, whose staff’s children are to be granted free of charge priority enrolment in the Type II European School[s] referred to in paragraph 2 of the present Article with which the Commission has concluded an MSA attached in Annex II to the present EU Contribution Agreement (hereinafter ‘other European body’)] [if applicable:; and]

                  (c)

                  […]

            2.   The present EU Contribution Agreement applies to the following School[s] (hereinafter ‘Type II European School[s] concerned’):

                  (a)

                  [Official name and full address of the Type II European School concerned];

                  (b)

                  [if applicable: Official name and full address of the Type II European School concerned]

            Article 2
      Purpose
      The purpose of the present agreement is to determine the payment and audit procedures regarding the EU contribution for each child of a staff member of a European institution and/or other body pursuant to Article 1(1) of the present EU Contribution Agreement to be granted free of charge priority enrolment in the Type II European School[s] concerned.
      Article 3
      Definitions
      For the purposes of the present EU Contribution Agreement

                  1.

                  An ‘Accredited European School’ is a school in a Member State of the European Union which has obtained accreditation for European schooling from the Board of Governors of the European Schools.

                  2.

                  The ‘accreditation period’ and ‘accredited level’ are the period and level for which the accreditation for European schooling from the Board of Governors is valid.

                  3.

                  ‘EU staff pupils’ within the meaning of the present EU Contribution Agreement are children, including orphans, of:

                              (a)

                              Members or former Members of the institutions of the European Union;

                              (b)

                              staff members in active service or pensioners of the institutions and other bodies pursuant to Article 1 of the present EU Contribution Agreement who are eligible to receive an education allowance under Article 3(1) of Annex VII to the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union (6) (hereinafter ‘Staff Regulations’).

                  4.

                  The ‘annual single education allowance’ is the amount equivalent to twelve (12) times the maximum monthly education allowances pursuant to Article 3(1) of Annex VII to the Staff Regulations as applicable at the beginning of the school year concerned.

                  5.

                  A ‘school year’ is the 10 months period between 1 September of the year N and 30 June of the year N + 1, which serves as a basis for the calculation of the EU contribution.

                  6.

                  A ‘month of enrolment’ is any calendar month during the school year, during which the EU staff pupil concerned was enrolled in the Type II European School concerned.

                  7.

                  ‘Type I European Schools’ are schools within the meaning of the Convention defining the Statute of the European Schools (7).

                  8.

                  ‘Type II European Schools’ are accredited European Schools granting EU staff pupils free of charge priority enrolment. The school[s] referred to in Article 1(2) of the present EU Contribution Agreement [is a/are] such [a] school[s].

                  9.

                  The ‘beneficiary’ is the Type II European School or the national public or private body in charge of it which receives an EU contribution in return for granting EU staff pupils free of charge priority enrolment in the Type II European School concerned.

                  10.

                  The ‘EU contribution’ is the contribution the Commission pays in accordance with the present EU Contribution Agreement, to the beneficiary per EU staff pupil enrolled in accredited levels in the Type II European School[s] concerned during the accreditation period and proportionate to the duration of his/her actual enrolment.

                  11.

                  An ‘EU Contribution Agreement’ is an agreement concluded by the Commission with the beneficiary on the Commission's own behalf and/or, based on a valid Mandate and Service Agreement, in the name and on behalf of another European institution or other body regarding the calculation and the conditions of payment and possibly recovery of an EU contribution.

            [where applicable: (12) A ‘Mandate and Service Agreement’ (hereinafter ‘MSA’) is an agreement between the Commission and another European institution or other body, in which the latter mandate the Commission, to conclude and implement, in their name and on their behalf, EU Contribution Agreements with beneficiaries which grant their EU staff pupils free of charge priority enrolment, and commit themselves to carry the cost thereby incurred by the Commission. The [copy/copies] of the MSA with the other European bod[y/ies]] falling within the scope of the present EU Contribution Agreement are attached in Annex II.]
      Article 4
      Conditions for the payment of the EU contribution
      For the accreditation period and for the accredited levels the Commission shall pay an EU contribution calculated in accordance with Articles 5 and 6 of the Commission Decision and Articles 5 and 6 of the present EU Contribution Agreement to the beneficiary under the following conditions:

                  (a)

                  The beneficiary exempts EU staff pupils enrolled in accredited classes from any school fees and grants them priority with respect to enrolment [in the Type II European School[s] pursuant to Article 1(2) of the present EU Contribution Agreement];

                  (b)

                  The beneficiary ensures the collection and provision to the Commission [where applicable: Commission] [where applicable: [and the] [other European bod[y/ies] of the figures and data necessary for the verification, calculation and payment of the EU contribution within the deadlines provided for in Article 8 of the Commission Decision and Article 7 of the present EU Contribution Agreement;The beneficiary ensures the collection and preservation of the documents and data necessary for the verification of the figures and data referred to in subparagraph (b) of the present paragraph.

            Article 5
      Calculation of the EU contribution
      Pursuant to Article 5 of the Commission Decision, the EU contribution is calculated as follows:

                  (a)

                  For EU staff pupils enrolled in accredited Nursery and Primary school levels:

                  (b)

                  For EU staff pupils enrolled in accredited Secondary school levels:

            Article 6
      Conditionality of the EU contribution
      1.   Pursuant to Article 6 of the Commission Decision, whenever the entry by the budgetary authority of the European Union of funds in the budget of the Union institutions is insufficient to cover the EU contribution as determined in accordance with Article 5 of the Commission Decision and Article 5 of the present EU Contribution Agreement, the EU contribution of [where applicable: the Commission] [where applicable: [and] [the other European bod[y/ies] concerned by the insufficient entry of funds] can be reduced pro-rata. In that case, the Commission shall:

                  (a)

                  inform the beneficiary of the situation and offer it the reduced EU per pupil contribution for the school year N/N + 1 before 15 February of the year N (date of sending);

                  (b)

                  terminate or not renew the on-going EU Contribution Agreement, if the beneficiary does not accepted the offer by 30 April of the year N (date of sending).

            2.   If, on 1 January of a given year, the budget of the European Union or body concerned has not been adopted and the monthly appropriations available to the Commission or body are consequently limited to one twelfth of the appropriations available in the budget for the previous financial year pursuant to Article 16 of the Regulation (EU, Euratom) No 966/2012, the payment shall be paid monthly on the basis of the annual amount paid in the previous year.
      3.   Interest on deferred payment shall be due as of right in accordance with Article 83 of the Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (8).
      Article 7
      Provision of data necessary for the calculation of the EU contribution
      1.   In accordance with the applicable data protection legislation and Article 9 of the Commission Decision, the beneficiary ensures the collection and provision to [where applicable: the Commission] [where applicable: [and] [the other European bod[y/ies]] of the following data concerning the school year N/N + 1 before 16 September of the year N:

                  (a)

                  the full name(s) of the EU staff parent(s) of the EU staff pupil(s) enrolled;

                  (b)

                  the denomination of the EU institution or other body from which the EU staff parent(s) or the EU staff pupil(s) derive their status;

                  (c)

                  the full name(s) of the EU staff pupil(s) enrolled;

                  (d)

                  the accredited level of Nursery, Primary or Secondary, in which each EU staff pupil is enrolled;

                  (e)

                  the forecast number of months of enrolment of each eligible EU staff pupil enrolled in accredited Nursery, Primary or Secondary school levels.

            2.   In accordance with the applicable data protection legislation, the beneficiary ensures the collection and provision to [where applicable: the Commission] [where applicable: [and] [the other European bod[y/ies]] the following data concerning the school year N/N + 1 before 16 July of the year N + 1:

                  (a)

                  the full name(s) of the EU staff parent(s) of the EU staff pupil(s) enrolled;

                  (b)

                  the denomination of the EU institution or other body from which the EU staff parent(s) or the EU staff pupil(s) derive their status;

                  (c)

                  the full name(s) of the EU staff pupil(s) enrolled;

                  (d)

                  the accredited level of Nursery, Primary or Secondary, in which each EU staff pupil is enrolled;

                  (e)

                  the actual number of months of enrolment of each eligible EU staff pupil during the school year N/N + 1 enrolled in accredited Nursery, Primary or Secondary school levels.

            Article 8
      Arrangements for payment of the contribution
      1.   The contribution shall be paid directly into a bank account belonging to the beneficiary and denominated in [euros /other national currency in the case of bank accounts in countries that do not accept euro transactions] (9) using the following banking details:

                  Name of bank: […]

                  Address of branch: […]

                  Exact name of the account holder: […]

                  Full account number (including bank codes): […]

         [IBAN account code and BIC code for the bank: […] or only BIC code for countries where the IBAN code does not apply].
      2.   The pre-financing payment of the EU contribution for the school year N/N + 1 shall be made by 31 December of the budgetary year N based on the data and indicative figures provided pursuant to Article 9(1) of the Decision and Article 7(1) of the present EU Contribution Agreement at the beginning of this school year, together with the final payment for the school year N – 1/N.
      3.   The final payment for the school year N – 1/N shall be based on the final data and figures provided pursuant to Article 9(2) of the Decision and Article 7(2) of the present EU Contribution Agreement and reduced by the pre-financing paid for the same school year.
      4.   The final payment for the school year N – 1/N shall be offset with the pre-financing payment for the school year N/N + 1.
      Article 9
      Confidentiality
      1.   The Commission and the beneficiary undertake to preserve the confidentiality of any document, information or other material directly related to the subject of the present EU Contribution Agreement that is duly classed as confidential, if disclosure could cause prejudice to the other party.
      2.   [where applicable: [The other European bod[y/ies is/are] liable for the preservation of confidentiality pursuant to paragraph 1 of the present Article], and in particular of data received on the basis of Article 7 of the present EU Contribution Agreement.]
      3.   [where applicable: [The beneficiary ensures that the Type II European School[s] concerned preserves the confidentiality pursuant to paragraph 1 of the present Article and can be held liable, if the Type II European School [s] concerned contravene[s] this obligation.].
      Article 10
      Adjustment, suspension, cessation of payments, and recovery
      1.   If according to the figures provided at the end of the school year N/N + 1 the number of months of enrolment of EU staff pupils deviates from the forecast, the EU contribution is adjusted and paid as follows:

                  (a)

                  if it is higher than forecast, a corresponding additional EU contribution shall be paid, where appropriate together with the pre-financing payment for the year N + 1/N + 2;

                  (b)

                  if it is lower than forecast, the sums wrongly paid for the school year N/N + 1 shall be recovered, where appropriate by offsetting with the pre-financing payment for N + 1/N + 2.

            2.   If the inspections carried out by the European School System prior to the renewal of the accreditation provided for in the Accreditation and Cooperation Agreement referred to in the Preamble of the present EU Contribution Agreement stress serious failings in the education provided, likely to lead to the non-renewal of the accreditation, the payment of the EU contribution may be suspended.
      3.   If the Accreditation of the Type II European School concerned is withdrawn or the beneficiary terminates the present EU Contribution Agreement improperly within the meaning of Article 12 of the present EU Contribution Agreement, the Commission ceases all payments as of the date on which the withdrawal or improper termination become effective and recovers the sums wrongly paid pro rata as of that date.
      4.   If the verification within the framework of a check or audit in accordance with Article 11 of this EU Contribution Agreement results in the finding that the figures provided in accordance with Article 7 of the present EU Contribution Agreement were incorrect or unfounded or other conditions of payment within the meaning of Article 4 of the present EU Contribution Agreement were not met, the Commission recovers the sums wrongly paid.
      5.   In case of a recovery, Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (10) shall apply.
      Article 11
      Checks and audits
      1.   In accordance with the applicable data protection legislation and Article 10 of the Commission Decision, the beneficiary ensures that for a period of five (5) years after the end of the school year N/N + 1, all relevant data are collected, preserved and made available in case of a verification by the Commission or by another European institution or other body, and in particular the Court of Auditors, in charge of verifying the figures and data transmitted in accordance with Article 7 of the present EU Contribution Agreement.
      2.   To this end, the original accounting documents and certified copies of other documents relevant to the payment, including those providing proof for the data transmitted to the Commission in accordance with Article 7 of the present EU Contribution Agreement are collected and preserved.
      3.   The beneficiary agrees that the Commission or another European institution or other body in charge of audits, and in particular the Court of Auditors, may carry out an audit of the use made of the EU contribution either directly by its own staff or by any other outside body authorised to do so on its behalf. Such audits may be carried out throughout the period of implementation of the agreement and for a period of five years from the end of the agreement.
      4.   By virtue of Council Regulation (Euratom, EC) No 2185/96 and Regulation (EC) No 1073/1999 of the European Parliament and of the Council, the European Anti-Fraud Office (OLAF) may also carry out on-the-spot checks and inspections in accordance with the procedures laid down by EU law for the protection of the financial interests of the European Union against fraud and other irregularities.
      Article 12
      Termination
      1.   In duly justified cases, any of the parties may terminate the agreement at the end of the on-going school year N/N + 1 by giving six months’ written notice.
      2.   Notwithstanding paragraph (1), the notice period for termination shall be shortened to three months before the beginning of the following school year where Article 6(b) of this EU Contribution Agreement applies.
      3.   All written communication during the procedures takes place by registered letter with acknowledgement of receipt.
      Article 13
      Suspension and termination for violation of terms and legal obligations
      The Commission may decide to suspend the agreement or to terminate the present EU Contribution Agreement, without any indemnity on its part, in the following circumstances:

                  (a)

                  if the beneficiary fails to fulfil an obligation incumbent on it under the terms of the present EU Contribution Agreement, and in particular Articles 7 and 9 thereof, or the obligations incumbent on it under the terms of the Accreditation agreement;

                  (b)

                  if the Commission has evidence or seriously suspects the beneficiary or its representative of professional misconduct;

                  (c)

                  if the beneficiary has not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which it is established;

                  (d)

                  if the beneficiary has made false declarations or submits reports inconsistent with reality to obtain the contribution provided for in the present EU Contribution Agreement.

            Article 14
      Procedure related to suspension and termination for violation of terms and legal obligations
      1.   The Commission initiates the suspension or termination procedure by a written notice stating the reason(s) referred to in Article 13. All written communication during the procedures takes place by registered letter with acknowledgement of receipt.
      2.   In the case of a suspension of the agreement, the beneficiary shall have 30 calendar days after reception of the written notice to submit its observations and take any measures necessary to ensure continued fulfilment of its obligations under the present EU Contribution Agreement.
      3.   If the Commission fails to accept these observations by giving written approval within 30 calendar days of receiving them, the suspension is effective as from the date of the reception of the written notice, until the reasons for the suspension are no longer fulfilled or until the present EU Contribution Agreement is terminated.
      4.   In the case of a termination, the Commission sets a notice period of at least 60 calendar days after reception of the written notice by the beneficiary. The beneficiary shall have 30 days after reception of the written notice to submit its observations and take any measures necessary to ensure continued fulfilment of its obligations under the present EU Contribution Agreement.
      5.   If the Commission does not accept these observations by written approval within 30 days of receiving them, the termination takes effect on the day after the end of the notice period.
      Article 15
      Applicable law and competent courts
      1.   The EU contribution is governed by the terms of the Commission Decision, the present EU Contribution Agreement, by the law of the European Union, and, on a subsidiary basis, by the law of the Member State in which the beneficiary is based.
      2.   The beneficiary may bring legal proceedings regarding decisions by [where applicable: the Commission] [where applicable: [and] [the other European bod[y/ies with which the Commission has concluded an MSA attached in Annex II]] concerning the application of the provisions of the present EU Contribution Agreement before the General Court and, in the event of appeal, the Court of Justice.
      Article 16
      Entry into force and duration
      1.   The present EU Contribution Agreement shall enter into force on the date of signature by the last of the parties. It shall apply to the accreditation period and levels within the meaning of Article 2(2) of the Commission Decision and Article 3(2) of the present EU Contribution Agreement, for the duration of the Accreditation and Cooperation Agreement with the Board of Governors on-going when the present EU Contribution Agreement is signed, starting with the school year [school year, during which the present EU Contribution Agreement is signed], and shall expire on the day after the end of the of the related Accreditation Agreement.
      2.   If none of the parties to the present EU Contribution Agreement submit a written confirmation of its termination before the date of its expiry and if the related Accreditation Agreement is prolonged, as of the date of expiry the present EU Contribution Agreement is renewed by tacit consent for the duration of the accreditation period, which is on-going on that day.
      Article 17
      Amendments
      Any amendment to the terms of the present EU Contribution Agreement must be the subject of a written supplementary agreement. A verbal agreement shall not be binding on the parties.
      Article 18
      Administrative provisions
      Any communication to the Commission in connection with the present EU Contribution Agreement shall be in writing, indicating the registration number of the agreement, and shall be sent to the following addresses:

                  European Commission

                  Directorate-General […]

                  Directorate […]

                  E-mail address of administrative unit: […]

            Any communication to the beneficiary in connection with the present EU Contribution Agreement shall be in writing, indicating the number of the agreement, and shall be sent to the following address:

                  Mr./Ms (…)

                  [Function]

                  [Official name]

                  [Official address in full]

                  E-mail address: […]

                  Done at …

                  Done at …

                  Date: …

                  Date: …

                  For the beneficiary,

                  For the Commission

                     [signature]

                     [signature]

                  Done in duplicate in [English, French or German]

         (1)  In the final version, the greyed text is to be erased, adjusted or replaced by the adequate text option.

         (2)  OJ L 212, 17.8.1994, p. 3.

         (3)  Documents 2009-D-353-en-4 and 2009-D-681-en-1 of the Office of the Secretary-General of the European Schools.

         (4)  Document 2013-01-D-64-en-4 of the Office of the Secretary-General of the European Schools.

         (5)  OJ L 298, 26.11.2012, p. 3.

         (6)  OJ L 348, 29.12.2009, p. 10.

         (7)  See footnote 2.

         (8)  OJ L 362, 31.12.2012, p. 1.

         (9)  As shown by the account identification document issued or certified by the bank concerned.

         (10)  See footnote 5.


title: Decision (EU) 2017/1645 of the European Parliament of 27 April 2017 on discharge in respect of the implementation of the budget of the European Police College (now European Union Agency for Law Enforcement Training) (CEPOL) for the financial year 2015

text:
               29.9.2017

               EN

               Official Journal of the European Union

               L 252/182

         DECISION (EU) 2017/1645 OF THE EUROPEAN PARLIAMENT
   of 27 April 2017
   on discharge in respect of the implementation of the budget of the European Police College (now European Union Agency for Law Enforcement Training) (CEPOL) for the financial year 2015
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Police College for the financial year 2015,

               —

               having regard to the Court of Auditors' report on the annual accounts of the European Police College for the financial year 2015, together with the College's reply (1),

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2015, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council's recommendation of 21 February 2017 on discharge to be given to the College in respect of the implementation of the budget for the financial year 2015 (05873/2017 — C8-0064/2017),

               —

               having regard to Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Council Decision 2005/681/JHA of 20 September 2005 establishing the European Police College (CEPOL) and repealing Decision 2000/820/JHA (4),

               —

               having regard to Regulation (EU) 2015/2219 of the European Parliament and of the Council of 25 November 2015 on the European Union Agency for Law Enforcement Training (CEPOL) and replacing and repealing Council Decision 2005/681/JHA (5), and in particular Article 20 thereof,

               —

               having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (6), and in particular Article 108 thereof,

               —

               having regard to Rule 94 of and Annex IV to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A8-0081/2017),

               1.

               Grants the Executive Director of the European Union Agency for Law Enforcement Training discharge in respect of the implementation of the Agency's budget for the financial year 2015;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this decision, and the resolution forming an integral part of it, to the Executive Director of the European Union Agency for Law Enforcement Training, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Antonio TAJANI

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 449, 1.12.2016, p. 36.

      (2)  See footnote 1.

      (3)  OJ L 298, 26.10.2012, p. 1.

      (4)  OJ L 256, 1.10.2005, p. 63.

      (5)  OJ L 319, 4.12.2015, p. 1.

      (6)  OJ L 328, 7.12.2013, p. 42.