PART FIVE: PARTICIPATION IN UNION PROGRAMMES, SOUND FINANCIAL MANAGEMENT AND FINANCIAL PROVISIONS

Article UNPRO.0.1: Scope

1. This Part shall apply to the participation of the United Kingdom in Union programmes, activities and services thereunder, in which the Parties have agreed that the United Kingdom participates.

2. This Part shall not apply to the participation of the United Kingdom in cohesion programmes under the European territorial cooperation goal or similar programmes having the same objective, which takes place on the basis of the basic acts of one or more Union institutions applicable to those programmes.

The applicable conditions for participation in the programmes referred to in the first subparagraph shall be specified in the applicable basic act and the financing agreement concluded thereunder. The Parties shall agree provisions with similar effect to Chapter Two [Sound Financial Management] concerning the participation of the United Kingdom in those programmes.

Article UNPRO.0.2: Definitions For the purposes of this Part, the following definitions apply:

(a) “basic act” means:

(i) an act of one or more Union institutions establishing a programme or activity, which provides a legal basis for an action and for the implementation of the corresponding expenditure entered in the Union budget or of the budgetary guarantee backed by the Union budget, including any amendment and including any relevant acts of a Union institution which supplement or implement that act, except those adopting work programmes; or

(ii) an act of one or more Union institutions establishing an activity financed from the Union budget other than programmes;

(b) “funding agreement” means agreements relating to Union programmes and activities under Protocol I which implement Union funds, such as grant agreements, contribution agreements, financial framework partnership agreements, financing agreements and guarantee agreements.

(c) “other rules pertaining to the implementation of the Union programme and activity” means rules laid down in the Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council85 (’Financial Regulation’) that apply to the general budget of the Union, and in the work programme or in the calls or other Union award procedures;

85 Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ EU L 193, 30.7.2018, p. 1).

(d) “Union” means the Union or the European Atomic Energy Community, or both, as the context may require;

(e) “Union award procedure” means a procedure for award of Union funding launched by the Union or by persons or entities entrusted with the implementation of Union funds;

(f) “United Kingdom entity” means any type of entity, whether a natural person, legal person or another type of entity, which may participate in activities of a Union programme or activity in accordance with the basic act and who resides or which is established in the United Kingdom.

Chapter 1: Participation of the United Kingdom in Union programmes and activities Section 1: General conditions for participation in Union programmes and activities

Article UNPRO.1.3: Establishment of the participation

1. The United Kingdom shall participate in and contribute to the Union programmes, activities, or in exceptional cases, the part of Union programmes or activities, which are open to its participation, and which are listed in Protocol I [Programmes and activities in which the United Kingdom participates].

2. Protocol I shall be agreed between the Parties. It shall be adopted and may be amended by the Specialised Committee on Participation in Union Programmes.

3. Protocol I shall:

(a) identify the Union programmes, activities, or in exceptional cases, the part of Union programmes or activities, in which the United Kingdom shall participate;

(b) lay down the duration of participation, which shall refer to the period of time during which the United Kingdom and United Kingdom entities may apply for Union funding or may be entrusted with implementation of Union funds;

(c) lay down specific conditions for the participation of the United Kingdom and United Kingdom entities, including specific modalities for the implementation of the financial conditions as identified under Article UNPRO.2.1 [Financial conditions], specific modalities of the correction mechanism as identified under Article UNPRO.2.2 [Programmes where an automatic correction mechanism may apply], and conditions for participation in structures created for the purposes of implementing those Union programmes or activities. These conditions shall comply with this Agreement and the basic acts and acts of one or more Union institutions establishing such structures;

(d) where applicable, lay down the amount of United Kingdom’s contribution to a Union programme implemented through a financial instrument or a budgetary guarantee and, where appropriate, specific modalities referred to in Article UNPRO.2.3 [Financing in relation to programmes implemented through financial instruments or budgetary guarantees].

Article UNPRO.1.4: Compliance with programme rules

1. The United Kingdom shall participate in the Union programmes, activities or parts thereof listed in Protocol I under the terms and conditions established in this Agreement, in the basic acts and other rules pertaining to the implementation of Union programmes and activities.

2. The terms and conditions referred to in paragraph 1 shall include:

(a) the eligibility of the United Kingdom entities and any other eligibility conditions related to the United Kingdom, in particular to the origin, place of activity or nationality;

(b) the terms and conditions applicable to the submission, assessment and selection of applications and to the implementation of the actions by eligible United Kingdom entities.

3. The terms and conditions referred to in point (b) of paragraph 2 shall be equivalent to those applicable to eligible Member States entities, except in duly justified exceptional cases as provided for in the terms and conditions referred to in paragraph 1. Either party may bring to the attention of the Specialised Committee on Participation in Union Programmes the need for a discussion of duly justified exclusions.

Article UNPRO.1.5: Conditions for participation

1. The United Kingdom’s participation in a Union programme or activity, or parts thereof as referred to in Article UNPRO.0.1 [Scope] shall be conditional upon the United Kingdom:

(a) making every effort, within the framework of its domestic laws, to facilitate the entry and residence of persons involved in the implementation of these programmes and activities, or parts thereof, including students, researchers, trainees or volunteers;

(b) ensuring, as far as it is under the control of the United Kingdom authorities, that the conditions for the persons referred to in point (a) to access services in the United Kingdom that are directly related to the implementation of the programmes or activities are the same as for United Kingdom nationals, including as regards any fees;

(c) as regards participation involving exchange of or access to classified or sensitive non-classified information, having in place the appropriate agreements in accordance with Article FINPROV.6 [Classified information and sensitive non-classified information].

2. In relation to the United Kingdom’s participation in a Union programme or activity, or parts thereof as referred to in Article UNPRO.0.1 [Scope] the Union and its Member States shall:

(a) make every effort, within the framework of Union or the Member States’ legislation, to facilitate the entry and residence of United Kingdom nationals involved in the implementation of these programmes and activities, or parts thereof, including students, researchers, trainees or volunteers;

(b) ensure, as far as it is under the control of the Union and Member States’ authorities, that the conditions for the United Kingdom nationals referred to in point (a) to access services in the Union that are directly related to the implementation of the programmes or activities are the same as for Union citizens, including as regards any fees.

3. Protocol I may lay down further specific conditions referring to this Article, which are necessary for the participation of the United Kingdom in a Union programme or activity, or parts thereof.

4. This Article is without prejudice to Article UNPRO.1.4 [Compliance with programme rules].

5. This Article and Article UNPRO.3.1 [Suspension of the participation of the UK in a Union programme by the Union], are also without prejudice to any arrangements made between the United Kingdom and the Republic of Ireland concerning the Common Travel Area.

Article UNPRO.1.6: Participation of the United Kingdom in the governance of programmes or activities

1. Representatives or experts of the United Kingdom or experts designated by the United Kingdom shall be allowed to take part, as observers unless it concerns points reserved only for Member States or in relation to a programme or activity in which the United Kingdom is not participating, in the committees, expert groups meetings or other similar meetings where representatives or experts of the Member States, or experts designated by Member States take part, and which assist the European Commission in the implementation and management of the programmes, the activities or parts thereof, in which the United Kingdom participates in accordance with Article UNPRO.0.1 [Scope] or are established by the European Commission in respect of the implementation of the Union law in relation to these programmes, activities or parts thereof. The representatives or experts of the United Kingdom, or experts designated by the United Kingdom shall not be present at the time of voting. The United Kingdom shall be informed of the result of the vote.

2. Where experts or evaluators are not appointed on the basis of nationality, nationality shall not be a reason to exclude United Kingdom nationals.

3. Subject to the conditions of paragraph 1, participation of the United Kingdom’s representatives in the meetings referred to in paragraph 1, or in other meetings related to the implementation of programmes or activities, shall be governed by the same rules and procedures as those applicable to representatives of the Member States, in particular speaking rights, receipt of information and documentation unless it concerns points reserved only for Member States or in relation to a programme or activity in which the United Kingdom is not participating, and the reimbursement of travel and subsistence costs.

4. Protocol I may define further modalities for the participation of experts, as well as the participation of the United Kingdom in governing boards and structures created for the purposes of implementing Union programmes or activities defined in Protocol I.

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