7.1.2003 Official Journal of the European Communities L 27 COMMISSION REGULATION (EC) No 16/2003 of 6 January 2003 laying down special detailed rules for implementing Council Regulation (EC) No 1164/94 as regards eligibility of expenditure in the context of measures part-financed by the Cohesion Fund THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1164/94 of 16 May 1994 establishing a Cohesion Fund (!), as last amended by Regulation (EC) No 1265/1999 (3, and in particular Article D(7) of Annex II thereto, Whereas: (1) Under Regulation (EC) No 1164/94, the Cohesion Fund may part-finance projects, preliminary studies and tech- nical support measures. The conditions under which such measures are eligible and to be implemented should therefore be specified. 2)  Until now the eligibility rules have been set out as a standardised text in Annex IV to the decisions granting aid. (3)  To ensure that measures part-financed by the Cohesion Fund receive uniform treatment, common rules should be laid down on the eligibility of the relevant expendi- ture. Those rules should specify the period of eligibility and different categories of eligible expenditure. (4)  Regulation (EC) No 1164/94 stipulates that the Commis- sion may approve proposed projects only if they meet criteria guaranteeing that they are of high quality and compatible with the Community's policies, in particular the rules on the award of public contracts and on competition. (5)  The rules set out below are to replace those in Annex IV to the Commission decisions granting aid from the Cohesion Fund for new projects approved by Commis- sion decision after the entry into force of this Regula- tion, HAS ADOPTED THIS REGULATION: CHAPTER 1 GENERAL PROVISIONS Article 1 Scope This Regulation lays down common rules for determining the eligibility of expenditure under the measures provided for in Article 3 of Regulation (EC) No 1164/94 which may be part- financed by the Cohesion Fund. () OJ L 130, 25.5.1994, p. 1. () OJL 161, 26.6.1999, p. 62. Article 2 Body responsible for implementation The ‘body responsible for implementation’ referred to in Article 10(4) of Regulation (EC) No 1164/94 shall be the public or private body responsible for organising the tenders for a project. That body shall be designated in the Commission deci- sion granting aid from the Cohesion Fund (hereinafter called ‘the Commission decision’). Any change in the body responsible for implementation shall be approved by the Commission. Atticle 3 ‘Implementation of a project’ and ‘period of implementa- tion’ 1. The implementation of a project shall cover all stages from preliminary planning to the completion of the approved project, including the relevant publicity measures. Preliminary planning shall include the study of alternatives. 2. A project may be restricted by the Commission decision to only one or several stages of implementation. 3. The implementation phase of a project shall cover the period necessary for the stages of implementation to be completed, up to the point at which the project becomes fully operational and at which the material objectives adopted by the Commission decision have been completed. Atrticle 4 Transparency and documentary evidence All expenditure incurred by the body responsible for imple- mentation must be based on legally binding contracts or agree- ments and/or documents. Appropriate supporting documents must be produced. Concession-holders and licensees for the implementation of a project shall be subject to the same requirements as regards inspection and monitoring as the bodies responsible for its implementation.