CT
Dieses Dokument ist Teil der Anfrage „European Cybersecurity Industrial, Technology and Research Competence Centre and Network of National Coordination Centres“
Diese Anfrage wurde als Teil der Kampagne „Black Box EU“ gestellt.
Commission Proposal EP Mandate Council Mandate Draft Agreement accounting practices of the accounting practices of the usual cost accounting Member States concerned, Member States concerned, practices of the Member the applicable accounting the applicable accounting States concerned, the standards of the Member standards of the Member applicable accounting State, and the applicable State, and the applicable standards of thethat International Accounting International Accounting Member State, and the Standards and International Standards and International applicable international Financial Reporting Financial Reporting accounting standards and Standards. The costs shall Standards. The costs shall international financial be certified by an be certified by an reporting standards. The independent external independent external costs shall be certified by auditor appointed by the auditor appointed by the an independent external Member State concerned. Member State concerned. auditor appointed by the The valuation method may The valuation method may Member State concerned. be verified by the be verified by the The valuation method may Competence Centre should Competence Centre should be verified by the there be any uncertainty there be any uncertainty Competence Centre arising from the arising from the should there be any certification. certification. uncertainty arising from the certification. Article 22(9) 251 3. Should any 3. Should any 39. Should any participating Member State participating Member State participating Member be in default of its be in default of its State be in default of its commitments concerning commitments concerning commitments concerning its financial contribution, its financial contribution, its financial and/or in-kind the Executive Director the Executive Director contribution pursuant to CT\1214501EN.docx 230/304 PE658.782v01-00 EN
Commission Proposal EP Mandate Council Mandate Draft Agreement shall put this in writing and shall put this in writing and joint actions, the shall set a reasonable shall set a reasonable Executive Director shall period within which such period within which such put this in writing and shall default shall be remedied. default shall be remedied. set a reasonable period If the situation is not If the situation is not within which such default remedied within that remedied within that shall be remedied. If the period, the Executive period, the Executive situation is not remedied Director shall convene a Director shall convene a within that period, the meeting of the Governing meeting of the Governing Executive Director shall Board to decide whether Board to decide whether convene a meeting of the the defaulting participating the defaulting participating Governing Board to decide Member State’s right to Member State’s right to whether the defaulting vote is to be revoked or vote is to be revoked or participating Member whether any other whether any other State’s right to vote is to be measures are to be taken measures are to be taken revoked or whether any until its obligations have until its obligations have other measures are to be been met. The defaulting been met. The defaulting taken until its obligations Member State's voting Member State's voting have been metthat Member rights shall be suspended rights shall be suspended State meets its obligations until the default of its until the default of its . The defaulting Member commitments is remedied. commitments is remedied. State's voting rights concerning joint actions shall be suspended until the default of its commitments is remedied. Article 22(10) 252 4. The Commission may 4. The Commission may 410. The Commission CT\1214501EN.docx 231/304 PE658.782v01-00 EN
Commission Proposal EP Mandate Council Mandate Draft Agreement terminate, proportionally terminate, proportionally may terminate, reduce or suspend the reduce or suspend the proportionally reduce or Union’s financial Union’s financial suspend the Union’s contribution to the contribution to the financial contribution to Competence Centre if the Competence Centre if the the Competence Centre participating Member participating Member joint actions if the States do not contribute, States do not contribute, participatingcontributing contribute only partially or contribute only partially or Member States do not contribute late with regard contribute late only contribute, contribute only to the contributions partially with regard to the partially or contribute late referred to in paragraph 1. contributions referred to in with regard to the paragraph 1. The contributions referred to in Commission’s point (b) of paragraph 1. termination, reduction or suspension of the Union’s financial contribution shall be proportionate in amount and time to the reduction, termination or suspension of the Member States’ contributions. Article 22(11) 253 5. The participating 5. The participating 511. The Member States shall report Member States shall report participatingcontributing by 31 January each year to by 31 January each year to Member States shall report the Governing Board on the Governing Board on by 31 31 January of each the value of the the value of the year to the Governing CT\1214501EN.docx 232/304 PE658.782v01-00 EN
Commission Proposal EP Mandate Council Mandate Draft Agreement contributions referred to in contributions referred to in Board on the value of the paragraphs 1 made in each paragraphs 1 made in each contributions referred to in of the previous financial of the previous financial paragraphs 1paragraph 5 year. year. for joint action with the Union made in each of the previous financial year. Article 23 Article 23 Article 23 Article 23 254 Costs and resources of the Costs and resources of the Costs and resources of the Competence Centre Competence Centre Competence Centre Article 23(1) 255 1. The Competence Centre 1. The Competence Centre shall be jointly funded by shall be jointly funded by deleted the Union and Member the Union and Member States through financial States through financial contributions paid in contributions paid in instalments and instalments and contributions consisting of contributions consisting of costs incurred by National costs incurred by National Coordination Centres and Coordination Centres and beneficiaries in beneficiaries in implementing actions that implementing actions that are not reimbursed by the are not reimbursed by the Competence Centre. Competence Centre. CT\1214501EN.docx 233/304 PE658.782v01-00 EN
Commission Proposal EP Mandate Council Mandate Draft Agreement Article 23(2) 2. The administrative costs 2. The administrative costs 2. The administrative costs of the Competence Centre of the Competence Centre of the Competence Centre shall not exceed EUR shall not exceed EUR shall not exceed EUR [number] and shall be [number] and shall be [number] and shall be covered by means of covered by means of covered by means of financial contributions financial contributions financial contributions divided equally on an divided equally on an divided equally on an annual basis between the annual basis between the annual basis betweenfrom Union and the participating Union and the participating the Union. Additional Member States. If part of Member States. If part of contributions shall be the contribution for the contribution for made by contributing and 256 administrative costs is not administrative costs is not the participating Member used, it may be made used, it may be made States in proportion to available to cover the available to cover the their voluntary operational costs of the operational costs of the contributions to joint Competence Centre. Competence Centre. actions . If part of the contribution for administrative costs is not used, it may be made available to cover the operational costs of the Competence Centre. Article 23(3), introductory part 257 CT\1214501EN.docx 234/304 PE658.782v01-00 EN
Commission Proposal EP Mandate Council Mandate Draft Agreement 3. The operational costs of 3. The operational costs of 3. The operational costs of the Competence Centre the Competence Centre the Competence Centre shall be covered by means shall be covered by means shall be covered by means of: of: of: Article 23(3), point(a) (a) the Union’s financial (a) the Union’s financial (a) the Union’s financial 258 contribution; contribution; contribution; Article 23(3), point(b), introductory part (b) contributions from the (b) contributions from the (b) voluntary financial participating Member participating Member and/or in-kind States in the form of: States in the form of: contributions from the 259 participatingcontributing Member States in the form of:case of joint actions Article 23(3), point(b)(i) (i) Financial contributions; (i) Financial contributions; 260 and and deleted Article 23(3), point(b)(ii) 261 CT\1214501EN.docx 235/304 PE658.782v01-00 EN
Commission Proposal EP Mandate Council Mandate Draft Agreement (ii) where relevant, in-kind (ii) where relevant, in-kind contributions by the contributions by the deleted participating Member participating Member States of the costs incurred States of the costs incurred by National Coordination by National Coordination Centres and beneficiaries Centres and beneficiaries in implementing indirect in implementing indirect actions less the actions less the contribution of the contribution of the Competence Centre and Competence Centre and any other Union any other Union contribution to those costs; contribution to those costs; Article 23(4), introductory part 4. The resources of the 4. The resources of the 4. The resources of the Competence Centre Competence Centre Competence Centre 262 entered into its budget entered into its budget shall entered into its budget shall shall be composed of the be composed of the be composed of the following contributions: following contributions: following contributions: Article 23(4), point(a) 263 (a) participating Member (a) the Union’s and (a) participating Member States' financial participating Member States'the Union’s contributions to the States' financial financial contributions to administrative costs; contributions to the the operational and administrative costs; administrative costs; CT\1214501EN.docx 236/304 PE658.782v01-00 EN
Commission Proposal EP Mandate Council Mandate Draft Agreement Article 23(4), point(b) (b) participating Member (b) the Union’s and (b) States' financial participating Member participatingcontributing contributions to the States' financial Member States' voluntary operational costs; contributions to the financial contributions to 264 operational costs; the operationaladministrative costs in case of joint actions ; Article 23(4), point(c) (c) any revenue generated (c) any revenue generated (c) any revenue generated by Competence Centre; by Competence Centre; by Competence Centrecontributing 265 Member States' voluntary financial contributions to the operational costs in case of joint actions ; Article 23(4), point(d) 266 (d) any other financial (d) any other financial (d) any other financial contributions, resources contributions, resources contributions, resources and revenues. and revenues. and revenues.revenue CT\1214501EN.docx 237/304 PE658.782v01-00 EN
Commission Proposal EP Mandate Council Mandate Draft Agreement generated by Centre; Article 23(4), point(e) (e) any other financial 266a contributions, resources and revenues. Article 23(5) 5. Any interest yielded by 5. Any interest yielded by 5. Any interest yielded by the contributions paid to the contributions paid to the contributions paid to the Competence Centre by the Competence Centre by the Competence Centre the participating Member the participating Member by the 267 States shall be considered States shall be considered participatingcontributing to be its revenue. to be its revenue. Member States shall be considered to be its revenue. Article 23(6) 268 6. All resources of the 6. All resources of the 6. All resources of the Competence Centre and its Competence Centre and its Competence Centre and activities shall be aimed to activities shall be aimed to its activities shall be aimed achieve to the objectives achieve to the objectives to achieve to the set out in Article 4. set out in Article 4. objectives set out in Article 4. CT\1214501EN.docx 238/304 PE658.782v01-00 EN
Commission Proposal EP Mandate Council Mandate Draft Agreement Article 23(7) 7. The Competence Centre 7. The Competence Centre 7. The Competence shall own all assets shall own all assets Centre shall own all assets generated by it or generated by it or generated by it or transferred to it for the transferred to it for the transferred to it for the fulfilment of its objectives. fulfilment of its objectives. fulfilment of its objectives. Without prejudice to the applicable rules of the 269 relevant funding programme, ownership of assets generated or acquired in joint actions shall be decided in accordance with Article 15 (-2a). Article 23(8) 270 8. Except when the 8. Except when the 8. Except when the Competence Centre is Competence Centre is Competence Centre is wound up, any excess wound up, any excess wound up, any excess revenue over expenditure revenue over expenditure revenue over expenditure shall not be paid to the shall not be paid to the shall remain in the participating members of participating members of ownership of the Centre the Competence Centre. the Competence Centre. and not be paid to the participatingcontributing CT\1214501EN.docx 239/304 PE658.782v01-00 EN