EC/Moldova Partnership and Cooperation Agreement: framework agreement on the general principles for the participation of Moldova in Union programmes. Protocol

This document details the content of the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Moldova, of the other part, on the participation of Moldova in Union programmes.

On 18 June 2007 the Council authorised the Commission to negotiate this Protocol that now needs to be approved in the name of the European Union, following the entry into force of the Lisbon Treaty on 1 December 2009.

The Protocol should be signed on behalf of the Union, subject to its conclusion at a later date. It shall apply provisionally from the date of its signature.

The text of the Protocol is contained in the annex to the proposal. It lays down the specific terms and conditions, in particular financial contribution and reporting and evaluation procedures, regarding Moldova’s participation in each particular programme.

Its main provisions may be summarised as follows:

• Moldova shall be allowed to participate in all current and future programmes of the Union opened to its participation in accordance with the relevant provisions adopting those programmes;
• Moldova shall contribute financially to the general budget of the European Union corresponding to the specific programmes in which it participates;
• its representatives shall be allowed to take part, as observers and for the points which concern Moldova, in the management committees responsible for monitoring the programmes to which Moldova contributes financially;
• projects and initiatives submitted by participants from Moldova shall, as far as possible, be subject to the same conditions, rules and procedures pertaining to the programmes concerned as applied to Member States;
• the specific terms and conditions regarding the participation of Moldova in each particular programme, in particular the financial contribution payable, as well as reporting and evaluation procedures, shall be determined by agreement in the form of a Memorandum of Understanding between the Commission, acting on behalf of the Union, and the competent authorities of Moldova;
• financial control or audits or other verifications, including administrative investigations, will be carried out by, or under the authority of, the Commission, the European Anti-Fraud Office and the Court of Auditors;
• with regard to funding, Moldova may seek external assistance of the Union to participate in a given Union programme by mobilising the European Neighbourhood and Partnership Instrument;
• the Protocol shall apply for the period for which the Agreement is in force;
• no later than three years after the date of entry into force of this Protocol, and every three years thereafter, both Parties may review the implementation of this Protocol on the basis of the actual participation of Moldova in Union programmes.