EUROPEAN JUDICIAL NETWORK The Hague, 09 March 2011 EJN/2011/01 COVER NOTE From: To: EJN Contact Points Subject: Guidelines on the European Judicial Network meetings You will find hereinafter the Guidelines on the European Judicial Network meetings.
GUIDELINES ON THE EUROPEAN JUDICIAL NETWORK MEETINGS These updated and consolidated guidelines, together with their annexes, provide a nonbinding the guiding principles for the planning, preparation and organisation, of the different EJN types of meetings, The Council Decision 2008/976/JHA of 16 December 2008 on the European Judicial Network 1 (hereinafter the EJN Decision ) states, in Article 3 (b), that the EJN shall organise periodic meetings of the Member States representatives in accordance with the procedures laid down in Articles 5 and 6. This obligation and the EJN traditions are also reflected in the non-binding Guidelines on the Structure and Functioning of the European Judicial Network and the EJN Manual. In consequence, Guidelines on the EJN Meetings in Brussels, The EJN plenary meetings under the rotating EU Presidency Guidelines and the EJN Regional Meetings Guidelines are repealed by this document. The meetings included in this document are planned annually by the Trio Presidencies and the EJN Secretariat, and approved by the Contact Points for the EJN Work Programme. Internally, the EJN Secretariat presents the meeting plans to Eurojust s administration via the EJN Secretariat Unit Plan. 2 To facilitate better organisation, these guidelines are arranged in two sections. Section One is dedicated to the meetings mandated by the EJN Decision. Section Two describes the meetings by considering the EJN s mission to promote the network s development, strengthening support for the Presidencies and tackling particular issues, such as legal and political changes, affecting the work of the EJN. 1 Published in the Official Journal of the European Union (O.J.E.U.) L 348/130 on 24.12.2008. 2 The amounts and contributions described below will depend on the Work Programme approved by the EJN and budget available, thus could be adjusted. 2
Section I: Meetings prescribed under the EJN Decision 1. The EJN plenary meetings under the rotating EU Presidency The guidelines for this section are based on Article 5 par. 3 of the EJN Decision Introduction The Plenary meetings may be held at the European Council in Brussels, or at Eurojust in The Hague. Other meetings may be held in the Member States, enabling the contact points of all the Member States to meet additional authorities of the host Member State and visit the bodies in that Member State responsible for international judicial cooperation and/or combating serious crimes (per Article 5 (3)). The principles for the meeting were outlined by the Austrian Presidency in September 1998, in its submission to the delegations of the Multidisciplinary Group on Organised Crime (MDG). The Presidency noted that in view of the difficulties in Brussels to book meeting rooms for the Presidency (.), it would be preferable to have two meetings outside Brussels. Such meetings, which should be organized in the form of seminars covering specific topics and for which FALCONE funds could be sought by each Presidency, could be for two days whereas meetings in Brussels could be for one or two days depending on the agenda.. This document was adopted on 25 September 1998, during the 1 st meeting of the EJN in Brussels. The EJN Contact Points now meet three times per year, on the basis of the principles outlined in that document. One meeting is initiated by the Member State holding the Presidency and takes place in February or March. This Plenary Meeting will take place in The Hague at Eurojust. The other two meetings are organized by each Presidency, and take place in their respective Member States. a. The Regular Meeting: Plenary Meeting held in The Hague or Brussels The Meeting Arrangements The Regular Meetings are held at the beginning of each year, in February or March, at the Council of the European Union in Brussels or at Eurojust in The Hague. As agreed by EJN and the General Secretariat of the EU Council (GSC), it is recommended that the regular meetings take place in The Hague and are organised by the EJN Secretariat. 3
However, this does not preclude holding the meetings at the Council of the European Union, at the request of the GSC. When the meeting is held in Brussels, the GSC should co-organise the meeting with the EJN Secretariat. Invitations The EJN Secretariat should prepare the invitation, the registration form and a document with practical information on the meeting location. The agenda should be prepared by the Presidency with the assistance of the EJN Secretariat. Participants Two (2) national contacts from the Member States, one (1) delegate from a candidate 3 or accessing country, as well as Norway, Liechtenstein and Switzerland. Eurojust will be invited. Observers from other bodies sharing similar objectives in the field of international judicial co-operation in criminal matters could be invited to attend. When there is budget available, the Presidency may request one additional representative to facilitate the chairing and presentation of its programme during the meeting. Budget Matters Travel (within the established ceilings for each member state) and accommodation expenses of the contact points (two representatives per Member State) are reimbursed from the section of Eurojust budget related to the activities of the EJN Secretariat (hereinafter the EJN budget ). The EJN Secretariat may also reimburse the full costs of travel and/or an extra night s accommodation, if substantial justification is provided. Because of its multiple obligations, the Presidency may request the participation of a third representative when there is budget available. The participation of a third EJN contact point for a Member State may be permitted on a case-by-case basis by the Member State holding the Presidency of the Council. However, cost reimbursements will not be available for this third contact point. Financial Matters When organised in The Hague, the EJN covers all of the organizational costs: one night s accommodations for attendees, lunch, participants travel costs, meeting rooms, 3 As of 1 January 2011, the candidate countries are: Croatia, Iceland, The Former Yugoslav Republic of Macedonia, Montenegro and Turkey. 4
equipment (sound system, computers, copier etc.), interpretation, catering, and other associated expenses. b. Plenary Meetings held in the Member States The Plenary Meetings held in the Member States are typically organised in the Member State holding the Presidency. These meetings enable the contact points of all the Member States to meet a variety of authorities of the host Member State, and to visit the specific bodies in that Member State responsible for fostering international judicial co-operation and/or combating certain forms of serious crime. The Meeting Arrangements The Presidency is responsible for the meeting arrangements, e.g. selecting the meeting venue and the accommodation in accordance with national procurement rules. Invitations The Presidency should prepare the invitation letter as well as the agenda, the registration form and a document with practical information on the meeting s location. 4 The EJN Secretariat will distribute this information to all contact points as well as the usual third-country contacts, on behalf of the Presidency and post the documents on the EJN website. The Presidency will send these documents to the EJN Secretariat at least two months before the actual meeting date. Registration Procedure The Presidency should manage the registration procedure. Generally, the registration forms should not be sent back to the organisers any later than three weeks before the meeting date. Participants Member States national contact points, delegates from candidate and/or accessing countries 5 as well as contacts from Norway, Liechtenstein and Switzerland. Eurojust will be invited. 4 Models of these documents can be provided by the EJN Secretariat on request 5
The Presidency may permit the participation of third countries and/or international institutions on an ad hoc basis. In principle, the European Commission should be represented by designated contact points for topics falling within its sphere of competence. Per the Council s Rules of Procedure, the GSC participates in EJN meetings. Representatives of the European Parliament may also be invited. Observers from other networks and bodies sharing similar objectives in the field of international judicial co-operation in criminal matters and EJN partners are invited to attend. Linguistic Regime The official language of the Member State currently holding the Presidency, English and French should be the working languages of the Presidency meetings. Meeting Documents The meeting documents should be sent to the EJN Secretariat in English. When appropriate, the EJN Secretariat will add them to the official EJN Registry. All official meeting documents, such as the agenda, questionnaires, evaluation reports, activity reports, and EJN Secretariat documents (such as Work Programmes and budget forecasts) should be included in the EJN Registry. Therefore, copies of these documents should be delivered to the EJN Secretariat two weeks before the plenary meeting. However, any other meeting documents (e.g., general guidelines, guidelines for the workshops etc and EJN Secretariat documents) can be disseminated in informal format by the EJN Secretariat. The secretariat will disseminate these documents to all participants via e-mail as well as posting them on the EJN website. The Presidency is responsible for making the printed copies of these documents available to all participants at the meeting venue. Financial Matters The Presidency should provide the participants with accommodations for two nights, including meals, meeting rooms, equipment (sound system, computers, copier, etc), interpretation, airport transfer, catering, and all costs related to the event. The Presidency does not, however, assume participants travel costs. 5 As of 1 January 2011, the candidate countries are: Croatia, Iceland, The former Yugoslav Republic of Macedonia, Montenegro and Turkey. 6
The EJN presidency meetings in the Member States are partially financed by the EJN budget. To benefit from Eurojust s financial support, the Ministry of Justice or any other competent authority of the Member State that holds the Presidency must sign a model contract. 6 To this end, the Member State holding the Presidency must follow the EU Financial Regulation s 7 basic principles governing public procurement. The contract will be prepared by the EJN Secretariat in conjunction with Eurojust s administration. To complete the contract, the following information must be provided: The name and function of the person who will sign the contract on behalf of the Ministry of Justice, or any other competent authority of the Member State holding the Presidency. Details for the bank account to which Eurojust should make its payments, together with the complete annexed forms. 8 On the other hand, the Member State responsible for organizing the meeting should adhere to the following rules when planning the budgetary aspects of the event. Accepted costs Cost ceilings The EJN will bear 50% of eligible costs, 9 up to a maximum of 50,000. The following lists of costs details are considered acceptable when calculating Eurojust s contribution. Accommodation: A maximum of two hotel nights per person should be reimbursed, according to the following scale: - Three contact points per Member State 10 ; - Three representatives from Eurojust; - Four persons from the EJN Secretariat; - Two representatives of the Council Secretariat; - Two delegates per candidate/accessing country; - Two Contact Points from European Commission/OLAF 6 Annex no 1 7 Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities and the Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities, [Official Journal L 357, 31.12.2002]. 8 Please see Annex V and VI. 9 Article II.1.6) of the model contract 10 The participation of more than three contact points for a Member State may be permitted upon request to the organiser of the meeting solely due to the venue availability. However, cost reimbursements will not be available for this third contact point. 7
- One delegate from the European Parliament - One delegate from Norway, Iceland, Liechtenstein and Switzerland; - One delegate/representative from each of the third countries and/or international institutions invited on an ad hoc basis, up to a maximum of 5; - One observer from each of the international judicial networks invited to the meeting i.e., la Red Iberoamericana de Cooperación Jurídica Internacional (IBERED), Southeast European Prosecutors Advisory Group (SEEPAG), Rede Judiciárie da CPLP (Community of Portuguese Speaking Countries ), Genocide Crimes Against Humanity and War Crimes Network, JITs network, the network from the Common Wealth countries, the Secretary of the Council of Europe Committee of Experts on the Operation of the European Conventions on International Co-operation in Criminal Matters (PC-OC), the European Judicial Training Network (EJTN) and/or the European Judicial Network in Civil and Commercial Matters; and - One observer from the Council of Europe and other EJN partners (at their own expense). Each country or international institution receives a non-transferable quota of participants. Thus, other countries or international institutions sending more participants cannot be reimbursed if they send more participants than their quota indicated above allows. Additional hotel nights must be agreed upon before the hotel rooms are booked. The host country will be reimbursed up to twenty participants, including the three per Member State. Meals: o Lunch: The maximum accepted cost is 50 per person, including drinks, waiters, linen, flowers, etc. (of which 50% will be reimbursed by Eurojust). Two lunches will be reimbursed. o Dinner: The maximum accepted cost is 80 per person, including drinks, waiters, linen, flowers, etc. (of which 50 % will be reimbursed). Two dinners will be reimbursed. o Guests: The cost for another five persons specially invited by the Presidency to the lunches or dinners will be reimbursed. Note: no liquor-based drinks are eligible for reimbursement; only wine, beer; soft drinks and water are covered. Interpretation: Interpretation services into English and French (the working languages of the presidency meetings), plus the language of the current Presidency, should be covered. Meeting rooms: Hosts are only reimbursed for expenses related to meeting and conference setup. 8
Equipment: Costs associated with sound system setup, computers, copiers, etc. should be covered. Transport: The EJN will also reimburse bus transport for participants during the meeting days, including airport transfer. Miscellaneous costs: The maximum permissible cost for the group picture - is 800. Speakers: Travel costs and accommodation may be reimbursed, if the speakers will not participate in the meeting. Costs for a maximum of three speakers will be allowed per host country, plus three other participants. Costs not eligible for reimbursement: Travel costs for participants and members of the organizing team, cultural programme, decorations, music (entertainment) and gifts. Budget Matters A detailed budget estimate must be made at least 3 months before the meeting. The budget model table 11 has one sheet for each cost category 12 (accommodations, equipment, etc.). Each line item cost will automatically be transferred to the summary sheet (titled Budget ). For example, the hotel costs will depend on the number of participants, the number of nights and the price per night. This file should first be sent to the EJN Secretariat via email. After receipt, typically within 7 working days, Eurojust s budget Unit will respond via the EJN Secretariat. The EJN Secretariat will outline any items in the budget breakdown that need to be clarified, or for which additional information is required. Negotiations on eligible costs may occur over the following month; the aim is to sign the agreement at least 6 weeks before the planned meeting is held. The outcome of the negotiations will be incorporated in the contract as an annex 13 (see Annex II Budget estimate). There will also be a 5% margin allocated in the budget for contingencies, to allow last-minute changes to the budget to be made in the case of new items being introduced. Nonetheless, these new items must also have Eurojust s written approval if they will be submitted later as eligible costs. If major changes to the budget occur following signature of the agreement, Eurojust will only reimburse up to the previously agreed amount. All amounts paid should be the result of a tender procedure (adhering to the rules of the relevant Authority). If there is no contract in place for the Presidency s required 11 It will be provided in electronic format 12 Annex no 2 13 Please see Annex II for further reference. 9
goods or services, the Member State must follow the procurement procedures established in the Financial Regulation and the detailed implementation rules applicable to the European Communities general budget. In a typical scenario, the organisers should request at least three quotes to ensure that the best offer is selected before entering a contract. These should be sent to the EJN Secretariat together with the Budget Estimate. Any other costs should only be reimbursed if approved in advance. The presidency should forward original or certified copies of invoices specifying the costs, keeping these requirements in mind. For example, a hotel invoice must state which persons are entitled to reimbursement according to the above rules. Payment of the EJN budget contribution After the meeting ends, the Presidency must send a signed request for payment and a completed table outlining all costs incurred for the meeting, sorted by category 14. This should be sent to the EJN Secretariat, along with original or certified copies of the invoices, no later than three months after the meeting. The Budget and Finance Unit of Eurojust will go through the submitted costs, evaluating their eligibility within 30 days after receipt (see article 1.4.2 of the Model contract). The Presidency may be required to clarify issues concerning the costs incurred before the costs are accepted and the payment made. The EJN Secretariat will co-ordinate sending the final report (minutes of the meeting and complete list of participants) to Eurojust. This report is required in order before payment can be made. 2. National Correspondents Meeting The guidelines for this section are based on Article 6 par. 1 of the EJN Decision. Meeting Arrangements The National Correspondents Meeting (NCM) is organised by the EJN Secretariat in The Hague, inviting the National Correspondents (NC) from each MS. The meeting takes place at Eurojust in The Hague. It should be prepared and chaired by the NC of the Member State currently holding the Council Presidency, with the support and close cooperation of the EJN Secretariat (Article 6(1) of the EJN Decision). 14 Annex III of the contract (Financial statement - Annex III) will be provided in electronic format. 10
According to the EJN Decision, the NCM should take place on an ad hoc basis at least once per year (Article 6(1) of the EJN Decision). Invitations The EJN Secretariat prepares the invitations, the registration forms and a document with practical information on the meeting venue. The agenda should prepared by the Presidency in close co-operation with the EJN Secretariat. Each Member State should be represented in the NCM by its national correspondent (Article 6(1) of the EJN Decision). The contact point for the European Commission should also be invited to the NCM (Article 2(7) of the EJN Decision). A representative from the GSC could be invited to the meeting. When there is budget available, the Presidency may request one additional representative to facilitate the chairing and presentation of its programme during the meeting. Budget Matters Travel within the established for each Member State and accommodation expenses for one national correspondent per Member State are reimbursed from the EJN budget. If substantial grounds are provided, the EJN Secretariat may also reimburse the full price of the travel and/or an extra night of accommodation. The Presidency may request the participation of a second representative if funding is available. Whether the participation of a second EJN contact point for a Member State is permitted should be determined on a case-by-case basis by the Member State currently holding the Presidency of the Council. Please note that none of the additional costs for that second EJN contact point will be reimbursed. Also bear in mind that one of the NCM s primary advantages is that it convenes as a small and effective group. 3. Tool Correspondents Meeting The guidelines for this section are based on Article 6, paragraph 2 of the EJN Decision. Meeting Arrangements The Tools Correspondents Meeting (TCM) is organised by the EJN Secretariat in The Hague, and the Tools Correspondents (TC) from each MS will be invited. This meeting takes place at Eurojust in The Hague, and should be planned and chaired by the Tool Correspondent of the Member State currently holding the Presidency of the Council. The 11
TC will also receive the support of, and close co-operation from the EJN Secretariat (Article 6(2) of the EJN Decision). The Tool Correspondents should meet at least once per year (Article 6(2) of the EJN Decision). Invitations The EJN Secretariat will prepare the invitation, the registration form and a document with practical information on the venue of the meeting. The agenda will be prepared by the Presidency in close co-operation with the EJN Secretariat. Each Member State should be represented in the Tools Correspondents Meeting by their respective Tool Correspondent (Article 6(1) of the EJN Decision). The contact point for the European Commission and a representative from the General Secretariat of the Council could be invited to the meeting. When there is budget available, the Presidency may request one additional representative to facilitate the chairing and presentation of its programme during the meeting. Budget Matters Travel (within the established ceilings for each member state) and accommodation expenses for the Tool Correspondents (one per Member State) are reimbursed from the EJN budget. If substantial justification is provided, the EJN Secretariat may also reimburse the full travel price and/or an extra night of accommodation. Due to its multiple obligations, the Presidency may request the participation of a second representative when the budget permits. 4. Other Meetings in the EJN Decision The guidelines for this section are based on Article 4 par. 1 in fine of the EJN Decision. In the last paragraph of Art. 4(1) the Decision promotes the idea that the EJN contact points travel to meet other Member States contact points on the basis of an agreement between the administrations concerned. Reports The contact points participating in these meetings are encouraged to provide data to the EJN Secretariat, so that this information can be included in the EJN s Report to the European Parliament, the Council and the Commission on its activities and management. 12
Section II: Meetings created by the EJN to enhance its operation The meetings described below have been confirmed by the EJN and are meant to further and strengthen the mission of the Network. 5. EJN Regional meetings The EJN s efficiency may be improved by organizing the regional meetings of the EJN contact points in various Member States. This possibility is envisioned in the EJN Vision Paper adopted during the 25 th Plenary Meeting of the EJN contact points in Rovaniemi on 1 December 2006. 15 The Vision Paper states that regional meetings should also be promoted to help focus on problems which have a particular regional character. The first organisation guidelines for these meetings were adopted at the 32 nd Plenary of the EJN, 25-26 June 2009. After their implementation, some points were adjusted. Therefore, to bring these guidelines in harmony with the EJN s needs and Eurojust s internal procedure, that document is herein included and updated. This section is intended to provide guidelines on how to organise the EJN regional meetings, using financial support from the EJN budget. The term regional, as used in these guidelines, should not be construed in a narrow geographical sense. The EJN regional meetings may be organized by the Member States, regardless of their geographic proximity or distance. Application procedure The EJN contact points regional meetings should be organised on the basis of an application for financial support submitted to the EJN Secretariat. The number of meetings to be held will be included in the EJN Work Programme each year. The EJN contact point(s) of the Member State(s) organising the regional meeting should submit the request for funding by the deadline agreed upon each year at the Regular Meeting. The application should contain: The purpose of the regional meeting and a draft agenda; 15 See doc. 16444/06 EJN 28. 13
Information about the participating Member States (and/or third countries), estimated number of participants, and the date and venue of the meeting; and The signature of at least one EJN contact point of a Member State organizing the meeting. The decision-making process The MS will be invited to make a declaration of intentions during the EJN Regular Meeting in February/March where the deadline to present the applications will be agreed. The evaluation of the proposals and the award will proceed as described by 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 and the Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities, [Official Journal L 357, 31.12.2002]. Award Criteria a) The regional meetings are organised for the EJN contact points of at least three Member States or two Member States and a third country; The regional meeting has at least one of the following goals: 1. Discussion of solutions to practical problems in co-operation with the participating States; 2. Exchanging best practices in the participating States; 3. Mutual information exchange about current legal issues and regulations in the participating states, in particular in the field of criminal law and judicial cooperation in criminal matters; 4. Increasing networking among the EJN contact points of the participating States, and between the EJN contact points and the internal structures of the EJN in the participating states, where applicable; or 5. Promoting the work of the EJN in participating States. Financial Matters To benefit from the available financial support in the EJN budget, a competent authority of the Member State whose EJN contact point(s) is organising the regional meeting should provide the EJN Secretariat with the budget estimate 16 at least three month 16 Please see Annex IV 14
before the meeting and sign a model contract 17 at least 4 weeks before the meeting takes place. The model contract will be prepared by the EJN Secretariat following the internal procedures established by Eurojust. The distribution of financial support should be governed by the following criteria: a) The EJN budget will cover up to a maximum of 95% of the organizational costs (a maximum of up to 5000 for one meeting); b) If the budget for Regional Meetings is not completely used within one calendar year, the financial allocation for the EJN regional meetings should be transferred for other budgetary purposes within the EJN budget for the same year. The Guidelines on the Structure of the European Judicial Network should apply to any such reallocation; and c) No later than two months after the meeting ends, the EJN contact point(s) who signed the application for financial support should submit an overview of the executed budget, specifying all costs incurred for the meeting and providing receipts as required, to the EJN Secretariat. Payments will be reimbursed in accordance with the financial rules for the organization of the EJN plenary meetings. 18 Unless specified otherwise in this part, the provisions described under Section I (2) of the EJN plenary meetings under the rotating EU Presidency the Financial Matters, Accepted costs Costs ceilings, Budget aspects and Payment of the Eurojust contribution should apply, according to the percentage applicable for the EJN budget contribution to these meetings (95%). Participants Invitations extended to other practitioners should be issued at the discretion and with the agreement of the EJN contact points organizing the regional meeting. The participation of a representative of the Member State holding the Presidency of the Council, the EJN Secretariat or a third country should be also considered. Meeting summary, conclusions and/or recommendations Summaries, conclusions and/or recommendations of the regional meetings should be compiled at the end of the meeting and distributed to the EJN Secretariat. The EJN contact points should be notified of the results of the regional meetings by the EJN 17 Please see Annex III 18 See The EJN plenary meetings under section of Presidency Meetings. 15
Secretariat by any appropriate means; where possible, conclusions should also be uploaded to the EJN website. Report of the EJN Secretariat The EJN Secretariat should include, in its EJN and EJN Secretariat Reports, the regional meetings organised by the contact points. Regional meetings without financial support from the EJN budget The regional meetings of the EJN contact points may also be organized without the involvement of the EJN Secretariat and financial support from the EJN budget. In this case, the criteria described above will not apply. The contact points taking part in these meetings are encouraged to inform the EJN Secretariat, so that this information can be included in the Bi-Annual Report to the European Parliament, the Council and the Commission on its activities and management. 6. National meetings of the EJN Contact Points The National meetings of the EJN Contact Points are included in the Conclusions of the 35 th Plenary of the EJN on 28-30 November 2010. The Member States are encouraged to provide support to their EJN Contact Points to organise regularly, at least once per year, working meetings between themselves and between them and the national judicial networks in criminal matters, where applicable. The contact points taking part in these meetings are encouraged to provide information to the EJN Secretariat, so that this information can be included in the Bi-Annual Report to the European Parliament, the Council and the Commission on its activities and management. In the case of the meetings organised without the involvement of the EJN Secretariat, and therefore support from the EJN budget, the procedure described below shall not apply. In accordance with the Work Programme, the EJN Secretariat can provide support to these meetings via their participation in and presentation of the EJN Matters, e.g., the website and current issues. 16
National meetings organised with financial support of the EJN budget: The National meetings of the EJN contact points may be organized preferably in the Member states for strengthening of links between the Contact Points and raising awareness of the EJN and its operational tools among members of the judiciary. The National Contact Points Meetings can also be organized in The Hague envisaging the synergy between EJN and Eurojust towards a more effective judicial cooperation in the EU. Meeting Arrangements Participants Whether or not practitioners beyond the EJN contact points should be invited is up to the consideration and agreement of the EJN contact points organizing the National meeting. The participation of a representative of the Member State holding the Presidency of the Council and the EJN Secretariat may also be invited. Meeting summary, conclusions and/or recommendations Summaries, conclusions and/or recommendations from the National Meetings should be compiled at the end of the meeting and distributed to the EJN Secretariat. The EJN contact points should be informed of the results of the National Meetings by the EJN Secretariat by any appropriate means. a. National meetings in the Member States The national meetings in the Members States will be organised by the Member State with the support of the EJN Secretariat on the part related with the budgetary and financial matters. Application procedure The EJN contact points national meetings should be organised on the basis of an application for financial support submitted to the EJN Secretariat. The number of meetings to be held will be included in the EJN Work Programme each year. The EJN 17
contact point(s) of the Member State(s) organising the national meeting should submit the request for funding by the deadline agreed upon each year at the Regular Meeting. The application should contain: The purpose of the national meeting and a draft agenda; Information about the participating Member States (and/or third countries), estimated number of participants, and the date and venue of the meeting; and The signature of at least one EJN contact point of a Member State organizing the meeting. The decision-making process The MS will be invited to make a declaration of intentions during the Regular Meeting where the deadline to present the applications will be agreed. The evaluation of the proposals and the award will proceed as described by 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 and the Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities, [Official Journal L 357, 31.12.2002]. Award Criteria The national meeting has at least one of the following goals: 6. Discussion of solutions to practical problems in the implementation of the EJN in the Member State; 7. Exchanging best practices between Contact Points in practical cases of judicial cooperation; 8. Mutual information exchange about current legal issues and regulations in the Member State, in particular in the field of criminal law and judicial cooperation in criminal matters; 9. Increasing networking among the judiciary in the MS, and between the EJN contact points; 10.Promoting the work of the EJN in the MS; 11.Promoting the EJN website in the MS Financial Matters 18
To benefit from the available financial support in the EJN budget, a competent authority of the Member State whose EJN contact point(s) is organising the national meeting should provide the EJN Secretariat with the budget estimate 19 at least three months before the meeting and sign a model contract 20 at least 4 weeks before the meeting takes place. The model contract will be prepared by the EJN Secretariat following the internal procedures established by Eurojust. 21 The distribution of financial support should be governed by the following criteria: d) The EJN budget will cover up to a maximum of 95% of the organizational costs (a maximum of up to 5000 for one meeting); e) If the budget for national Meetings is not completely used within one calendar year, the financial allocation for the EJN regional meetings should be transferred for other budgetary purposes within the EJN budget for the same year. The Guidelines on the Structure of the European Judicial Network should apply to any such reallocation; and f) No later than two months after the meeting ends, the EJN contact point(s) who signed the application for financial support should submit an overview of the executed budget, specifying all costs incurred for the meeting and providing receipts as required, to the EJN Secretariat. Payments will be reimbursed in accordance with the financial rules for the organization of the EJN plenary meetings. 22 Unless specified otherwise in this part, the provisions described under Section I (2) of the EJN plenary meetings under the rotating EU Presidency the Financial Matters, Accepted costs Costs ceilings, Budget aspects and Payment of the Eurojust contribution should apply, excluding the percentages indicated in the Accepted costs Costs ceilings should not apply for the Regional Meetings. b. National meetings in The Hague The national meetings in The Hague will be organised by the Member State with the support of the EJN Secretariat. Application procedure 19 Please see Annex IV 20 Please see Annex III 21 Once prepared along the model in The EJN plenary meetings under the rotating EU Presidency Guidelines, the contract document will be attached to these Guidelines. 22 See The EJN plenary meetings under the rotating EU Presidency Guidelines. 19
These meetings should be organised on the basis of a proposal submitted to the EJN Secretariat by the EJN contact point(s) of the relevant Member State by the date proposed by the Secretariat each year. The MS will be invited to make a declaration of intentions during the Regular Meeting where the deadline to present the applications will be agreed. Selection Procedure After gathering all the proposals the EJN Secretariat in close consultation with the National Correspondents will decide in the NCM or by written procedure, which MS should benefit from financial assistance. Financial Matters The distribution of financial support should be governed by the following criteria: a) The EJN budget will provide up to a maximum of 5 000 per meeting. If the entire budget allocated for the meetings is only allocated to one MS, the EJN should bear the costs of the meeting up to the maximum budget amount. b) If the budget for National Meetings is not completely used in a given calendar year, the financial allocation for the EJN regional meetings should be used for other budgetary purposes within the EJN budget for that year. The Guidelines on the Structure of the European Judicial Network should apply to any such reallocation. 7. Trio Presidency Meetings The Trio Presidency methodology is set up in the Joint Declaration (9) annexed to the treaty of Lisbon, Decision of 1 December 2009 on the exercise of the Presidency of the Council (2009/881/EU), and was published in the Official Journal of the European Union (OJEU 2.12.2009 L 315/50). The function of the Trio Presidency of the EJN is described in the Guidelines on the Structure and Functioning of the European Judicial Network as revised in Madrid on 21-22 June 2010. Meeting Arrangements 20
The Meetings will take place in The Hague or in Member States forming part of the current or subsequent Trio Presidency configuration, and will be organised by the EJN Secretariat or co-organised with the Member State holding the Presidency Additionally, bolstering the strength of the privileged relationship between the EJN and Eurojust, the EJN Trio Presidencies and the EJN Secretariat will gather informally with the Eurojust Presidency Team, the National Members of the Trio Presidencies of the JHA Council and the Administrative Director of Eurojust to discuss common interests or matters related to both structures. Both the Trio and the Secretariat may participate in Eurojust s internal meetings at the invitation of Eurojust s College or Administration. This option is intended to enhance relations and the coordination between both structures. These particular meetings should be co-organised with Eurojust. The Trio Presidency will also meet on an ad hoc basis whenever deemed necessary by the Presidency. 8. Task force and other ad-hoc groups Task force The Task Force is a sub-group created to fulfill the practical functions indicated in the Guidelines on the Structure and Functioning of the European Judicial Network. Meeting Arrangements The EJN Secretariat should organise the meetings taking place in The Hague at Eurojust s premises, or should co-organise the meetings taking place in the Member States. The meetings may occur under the following circumstances: The Task Force should meet in an ad-hoc basis whenever the Presidency or group determines it is necessary to convene; Eurojust may invite the Task Force whenever is relevant to the agenda item to be discussed; and Task Force should meet with Eurojust before, during or after the IWG meetings, when necessary. Other ad-hoc groups Is foreseen the possibility of creating a sub-group created to fulfill practical functions indicated in the Guidelines on the Structure and Functioning of the European Judicial Network. 21
Meeting Arrangements The EJN Secretariat may organise the meetings taking place in The Hague at Eurojust s premises, or co-organise the meetings taking place in the Member States. 22
Annex I: Grant Agreement Form for Plenary Meetings taking place in the Member States Grant Agreement XX Plenary meeting of the European Judicial Network EJU 20XX-EJN-XX-PM Eurojust, represented for the purposes of this contract by Hans Jahreiss, Administrative Director of the one part and the Member State Authority, represented for the purposes of signing this contract by..., of the other part, hereinafter referred to as parties to the Contract DECLARE AGREEMENT on the Special Conditions and General Conditions below and the following Annexes: Annex I Annex II Annex III - Description of the action Budget estimate Financial statement which form an integral part of the contract (hereinafter referred to as the Contract ). The terms set out in the Special Conditions shall take precedence over those in the other parts of the Contract. The terms set out in the General Conditions shall take precedence over those in the Annexes. Subject to the foregoing, the several instruments forming part of this Contract are to be taken as mutually explanatory. In the case of ambiguities or discrepancies within or between such parts, the same shall be explained and adjusted by the issuance of a written instruction by Eurojust, subject to the Contractor s rights under, if the Contractor disputes any such instruction. 23
Signed on the day of at The Hague. For Eurojust, Hans Jahreiss, Administrative Director Signed on the day of at. For the competent authority of the Member State Authority...,.... 24
Section I. Special Conditions o Subject of the Contract The subject of the Contract is to carry out the organisation of the XX Plenary Meeting of the European Judicial Network under the XX Presidency ( the Action ) as described in Annex I with the support of funding from the Eurojust budget. o Time-frame of the Contract The Contract shall enter into force on the date of signing of the Contract by the last of the two parties. The time-frame for the execution of the Contract shall be from XX to XX 20XX. o Contribution The maximum total amount to be paid by Eurojust under the Contract shall be EUR 50.000,00 corresponding to a maximum total percentage of 50 % of the total eligible costs of the Action. This amount should cover all tasks executed. If actual costs vary from the total eligible estimated budgeted amount of EUR 00.000, 00, as shown in the estimated budget in Annex II, Eurojust will pay in accordance to the maximum amount and percentage fixed in this article. o Method of Payment Payments under the Contract shall be made in accordance with. Payment of the Eurojust contribution The request for payment of the balance owed to the Contractor shall be admissible if accompanied by: the financial statement (Annex III) reporting the eligible expenses in accordance with Article II.1 Originals or certified copies of the relevant invoices showing the total eligible costs the final report in accordance with the instructions laid down in provided the report has been approved by Eurojust. Within 30 days of the date on which the financial statement is approved by Eurojust in accordance with Article I.6, payment of the balance corresponding to the relevant invoices shall be made. The documents accompanying the request for payment shall be drawn up in accordance with the provisions of Article II.1. If an external audit of the action s accounts is not required, the Contractor himself shall certify that the financial documents submitted to Eurojust comply with the financial provisions of the Contract, that the costs declared are the actual costs, and that all receipts have been declared. Initials Initials contractor: Eurojust: EJN Secr. B&F,P LS
The Financial Regulation applicable to the budget of Eurojust requires a final date for implementation to be set for any legal commitment contracted with third parties involving a budget commitment and the payment of Community funds. For each such legal commitment, the implementation and payment phases of the action concerned must be completed by the final date for implementation. The final date for implementation shall be determined taking into account the maximum periods allowed, beyond the closing date of the action provided for in the agreement, for the Contractor to submit the required reports and financial statements, for Eurojust to approve the financial statements, and for Eurojust to make payment. The final date for the implementation of this agreement shall be XX XX 20XX. o Performance of Contract The Contractor shall provide Eurojust with any information it may request for the management of the Contract. o Report The contractor shall draw up a report consisting of the summary, conclusions and/or recommendations of the meeting, together with a complete list of the participants, and shall send three copies of it in the English language to Eurojust. No later than 60 days after the end of the meeting, the Contractor shall submit to Eurojust, trough the EJN Secretariat, an overview of the execution of the budget, specifying all costs incurred for the meeting and providing receipts as required. On receiving the financial statement, Eurojust shall have 45 days in which to: approve it, with or without comments, reservations or requests for additional information, or request a new financial statement. If Eurojust does not react within this 45-day period, the financial statement shall be deemed to have been approved. Where Eurojust requests a new financial statement, the Contractor shall submit it within 30 days of the request. The new financial statement shall be subject to the provisions set out in paragraph 2. o Settlement of Disputes Applicable law Applicable law The Contract is governed by the terms of the agreement, the Union law applicable and, on a subsidiary basis, by the law of the Netherlands. Settlement of Disputes The Parties shall use their best efforts to settle amicably any dispute, controversy or claim arising out of this Contract or the breach, termination or invalidity thereof. Any dispute between the parties resulting from the interpretation or application of the Contract which cannot be settled amicably shall be brought before the General Court of the European Union and, in the event of appeal, the Court of Justice Initials Initials contractor: Eurojust: EJN Secr. B&F,P LS
o General Provisions This Contract and its Annexes constitute the entire agreement between Eurojust and the Contractor concerning the services referred to herein and shall supersede any prior negotiations, proposals, statements of intent and other matters with respect thereto and shall be binding on both parties. The provisions of this Contract and its Annexes may be amended or supplemented only by means of a supplementary agreement initialled on each page and signed by each of the parties or their authorised representatives. An oral agreement shall not be binding on the contracting parties. An omission by one of the parties to require fulfilment of any provision within a period agreed in the Contract does not affect the right of that party to subsequently require fulfilment, unless the party concerned has expressly agreed with non-fulfilment in writing. Any communication relating to the Contract shall be made in writing and shall bear the Contract number. Ordinary mail shall be considered received by Eurojust on the date it is registered by the Eurojust Security Unit. Communications shall be sent to the following addresses: For Eurojust Eurojust Hans Jahreiss, Administrative Director P.O. Box 16183 2500 BD The Hague The Netherlands For the Contractor Ministry of XX To the attention of... address, zip and city Member State The Contractor undertakes to follow the relevant provisions of the Financial Regulation and Implementing rules applicable to Eurojust as instructed by the Budget and Finance Unit of Eurojust. Failure to do so, or to provide the necessary proof on request, shall result in the non-payment of related costs. Initials Initials contractor: Eurojust: EJN Secr. B&F,P LS
General Conditions o Payments Payments shall be made to the Contractor s bank account denominated in euro, identified as follows: Name of bank: Full address of branch: Domiciliation: Exact designation of account holder: IBAN code: Reference to be used: XX TH EJN PLENARY MEETING Invoices shall be sent to: Eurojust Budget and Finance Unit P.O. Box 16183 2500 BD The Hague The Netherlands Payments shall be deemed to have been made on the date on which Eurojust's account is debited. The payment periods referred to in may be suspended by Eurojust at any time if it informs the Contractor that its payment request is not admissible, either because the amount is not due or because the necessary supporting documents have not been produced correctly. In case of doubt on the eligibility of expenditure appearing in a payment request, Eurojust may suspend the time limit for payment for the purpose of further verification, including an on-the-spot check, in order to ascertain, prior to payment, that the expenditure is indeed eligible. Eurojust shall notify the Contractor accordingly by registered letter with acknowledgement of receipt or equivalent. Suspension shall take effect from the date of dispatch of the letter. The remainder of the period referred to in shall begin to run again after the end of suspension. To be considered as eligible direct costs of the action, costs must satisfy the following general criteria: (a) they are incurred during the duration of the action or of the work programme, with the exception of costs relating to final reports and audit certificates; (b) they are indicated in the estimated overall budget of the action or work programme; (c) they are necessary for the implementation of the action or of the work programme which is the subject of the grant; (d) they are identifiable and verifiable, in particular being recorded in the accounting records of the beneficiary and determined according to the applicable accounting standards of the country where the beneficiary is established and according to the usual cost accounting; (e) they comply with the requirements of applicable tax and social legislation; Initials Initials contractor: Eurojust: EJN Secr. B&F,P LS