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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.

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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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