HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 14/2
EN
Official Journal of the European Union
19.1.2011
PROTOCOL
to the Partnership and Cooperation Agreement 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 EUROPEAN UNION, hereinafter referred to as ‘the Union’,
of the one part,
and
THE REPUBLIC OF MOLDOVA, hereinafter referred to as ‘Moldova’,
of the other part,
hereinafter jointly referred to as ‘the Parties’,
Whereas:
(1)
Moldova entered into a 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 ( 1 )
(hereinafter referred to as ′the Agreement’), on 28 November 1994.
(2)
The Brussels European Council of 17 and 18 June 2004 welcomed the Commission’s proposals for a European
Neighbourhood Policy (ENP) and endorsed the Council’s conclusions of 14 June 2004.
(3) The
Council
has,
on
numerous
further
occasions,
repeatedly
concluded
in
favour
of
this
policy.
(4) The
Council,
on
5
March
2007,
expressed
support
for
the
general
and
global
approach
outlined
in
the
Commission’s Communication of 4 December 2006, COM(2006) 724 final, to enable ENP partners to participate
in Community agencies and Community programmes on their merits and where the legal bases so allow.
(5) Moldova
has
expressed
its
wish
to
participate
in
a
number
of
Union
programmes.
(6)
The specific terms and conditions, in particular financial contribution and reporting and evaluation procedures,
regarding the participation of Moldova in each particular programme should be determined by agreement between
the Commission, acting on behalf of the Union, and the competent authorities of Moldova,
HAVE AGREED AS FOLLOWS:
Article 1
Article 3
Moldova shall be allowed to participate in all current and future
Moldova’s representatives shall be allowed to take part, as
programmes of the Union opened to the participation of
observers and for the points which concern Moldova, in the
Moldova in accordance with the relevant provisions adopting
management committees responsible for monitoring the
those programmes.
programmes to which Moldova contributes financially.
Article 2
Moldova shall contribute financially to the general budget of the
Article 4
European Union corresponding to the specific programmes in
Projects and initiatives submitted by participants from Moldova
which Moldova participates.
shall, as far as possible, be subject to the same conditions, rules
and procedures pertaining to the programmes concerned as
( 1 ) OJ L 181, 24.6.1998, p. 3.
applied to Member States.

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EN
19.1.2011 Official
Journal
of
the
European
Union
L
14/3
Article 5
Either Party may denounce this Protocol by written notification
to the other Party. This Protocol shall terminate 6 months after
The specific terms and conditions regarding the participation of
the date of such notification.
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
Denunciation of this Protocol by any of the Parties shall have
Commission, acting on behalf of the Union, and the
no influence on the checks and controls to be carried out,
competent authorities of Moldova.
where appropriate, under the provisions laid down in Articles
5 and 6.
If Moldova applies for external assistance of the Union to
participate in a given Union programme on the basis of
Article 8
Article 3 of Regulation (EC) No 1638/2006 of the European
Parliament and of the Council of 24 October 2006 laying down
No later than 3 years after the date of entry into force of this
general provisions establishing a European Neighbourhood and
Protocol, and every 3 years thereafter, both Parties may review
Partnership Instrument ( 1 ) or pursuant to any similar Regulation
the implementation of this Protocol on the basis of the actual
providing for external assistance of the Union to Moldova that
participation of Moldova in Union programmes.
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
Article 9
particular, Article 20 of Regulation (EC) No 1638/2006.
This Protocol shall apply, on the one hand, to the territories in
which the Treaty on the Functioning of the European Union is
Article 6
applied and under the conditions laid down in this Treaty and,
on the other hand, to the territory of Moldova.
Each Memorandum of Understanding concluded pursuant to
Article 5, shall stipulate, in accordance with the Council Regu
lation (EC, Euratom) No 1605/2002 of 25 June 2002 on the
Financial Regulation applicable to the general budget of the
Article 10
European Communities ( 2 ), that financial control or audits or
This Protocol shall enter into force on the first day of the
other verifications, including administrative investigations will
month following the date on which the Parties notify each
be carried out by, or under the authority of, the Commission,
other through diplomatic channels of the completion of their
the European Anti-Fraud Office and the Court of Auditors.
procedures necessary for its entry into force.
Detailed provisions shall be made on financial control and
auditing, administrative measures, penalties and recovery
Pending its entry into force, the Parties agree to apply provi
enabling the Commission, the European Anti-Fraud Office,
sionally this Protocol from the date of its signature, pending its
and the Court of Auditors to be granted powers equivalent to
conclusion at a later date.
their powers with regard to beneficiaries or contractors estab
lished in the Union.
Article 11
Article 7
This Protocol shall form an integral part of the Agreement.
This Protocol shall apply for the period for which the
Agreement is in force.
Article 12
This Protocol shall be drawn up in duplicate in the official
This Protocol shall be signed and approved by the Parties in
languages of the Parties, each of these texts being equally
accordance with their respective procedures.
authentic.
( 1 ) OJ L 310, 9.11.2006, p. 1.
( 2 ) OJ L 248, 16.9.2002, p. 1.

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L 14/4
EN
Official Journal of the European Union
19.1.2011
За Европейския съюз
Por la Unión Europea
Za Evropskou unii
For Den Europiske Union
Für die Europische Union
Euroopa Liidu nimel
Για την Ευρωπακ νωση
For the European Union
Pour l'Union européenne
Per l'Unione europea
Eiropas Savienības vārdā –
Europos Sjungos vardu
Az Európai Unió részérl
Gall-Unjoni Ewropea
Voor de Europese Unie
W imieniu Unii Europejskiej
Pela Unio Europeia
Pentru Uniunea European
Za Európsku úniu
Za Evropsko unijo
Euroopan unionin puolesta
Fr Europeiska unionen
За Република Молдова
Por la República de Moldova
Za Moldavskou republiku
For Republikken Moldova
Für die Republik Moldau
Moldova Vabariigi nimel
Για τη Δημοκρατα τη Μολδαβα
For the Republic of Moldova
Pour la République de Moldavie
Per la Repubblica moldova
Moldovas Republikas vārdā
Moldovos Respublikos vardu
A Moldovai Kztársaság részérl
Gar-Repubblika tal-Moldova
Voor de Republiek Moldavi
W imieniu Republiki Modowy
Pela República da Moldávia
Pentru Republica Moldova
Za Moldavskú republiku
Za Republiko Moldavijo
Moldovan tasavallan puolesta
Fr Republiken Moldavien

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