2011/27/EU: Council Decision of 12 July 2010 on the signing and provisional application of a Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Moldova, of the other part, on a Framework Agreement between the European Union and the Republic of Moldova on the general principles for the participation of the Republic of Moldova in Union programmes

The President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the Union, the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Moldova, of the other part, on a Framework Agreement between the European Union and the Republic of Moldova on the general principles for the participation of the Republic of Moldova in Union programmes (hereinafter referred to as ‘the Protocol’). The text of the Protocol is attached to this Decision.

The Protocol shall be applied provisionally as from the date of its signature, pending its conclusion at a later date.

This Decision shall enter into force on the day of its adoption.

Moldova shall be allowed to participate in all current and future programmes of the Union opened to the participation of Moldova 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 Moldova participates.

Moldova’s 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. If Moldova applies for external assistance of the Union to participate in a given Union programme on the basis of Article 3 of Regulation (EC) No 1638/2006 of the European Parliament and of the Council of 24 October 2006 laying down general provisions establishing a European Neighbourhood and Partnership Instrument or pursuant to any similar Regulation providing for external assistance of the Union to Moldova that may be adopted in the future, the conditions governing the use by Moldova of external assistance of the Union shall be determined in a financing agreement, in compliance with, in particular, Article 20 of Regulation (EC) No 1638/2006.

Each Memorandum of Understanding concluded pursuant to Article 5, shall stipulate, in accordance with the Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities , that financial control or audits or other verifications, including administrative investigations will be carried out by, or under the authority of, the Commission, the European Anti-Fraud Office and the Court of Auditors. Detailed provisions shall be made on financial control and auditing, administrative measures, penalties and recovery enabling the Commission, the European Anti-Fraud Office, and the Court of Auditors to be granted powers equivalent to their powers with regard to beneficiaries or contractors established in the Union.

This Protocol shall apply for the period for which the Agreement is in force. This Protocol shall be signed and approved by the Parties in accordance with their respective procedures. Either Party may denounce this Protocol by written notification to the other Party. This Protocol shall terminate 6 months after the date of such notification. Denunciation of this Protocol by any of the Parties shall have no influence on the checks and controls to be carried out, where appropriate, under the provisions laid down in Articles 5 and 6.

No later than 3 years after the date of entry into force of this Protocol, and every 3 years thereafter, both Parties may review the implementation of this Protocol on the basis of the actual participation of Moldova in Union programmes.

This Protocol shall apply, on the one hand, to the territories in which the Treaty on the Functioning of the European Union is applied and under the conditions laid down in this Treaty and, on the other hand, to the territory of Moldova.

This Protocol shall enter into force on the first day of the month following the date on which the Parties notify each other through diplomatic channels of the completion of their procedures necessary for its entry into force. Pending its entry into force, the Parties agree to apply provisionally this Protocol from the date of its signature, pending its conclusion at a later date.

This Protocol shall form an integral part of the Agreement.

This Protocol shall be drawn up in duplicate in the official languages of the Parties, each of these texts being equally authentic.