Amended proposal for a Council Regulation regarding the implementation of measures to intensify the EC-Turkey customs union
31. 10. 2000 EN Official Journal of the European Communities C 311 E/5 Amended proposal for a Council Regulation regarding the implementation of measures to intensify the EC-Turkey customs union (1) (2000/C 311 E/02) COM(2000) 141 final - 1998/299(CNS) (Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 16 March 2000) (1) OJ C 408, 29. 12. 1998, p. 14. INITIAL PROPOSAL AMENDED PROPOSAL THE COUNCIL OF THE EUROPEAN UNION, Unchanged Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof, Having regard to the proposal by the Commission, Having regard to the opinion of the European Parliament, Whereas: (1) The Luxembourg European Council on 12 and 13 December 1997 confirmed that Turkey was eligible to accede to the European Union. (2) On 4 March 1998 the Commission presented to the Council a communication entitled the European strategy for Turkey: the Commission’s initial operational proposals to prepare Turkey for accession. (3) The Cardiff European Council on 15 and 16 June 1998 welcomed the Commission’s communication as a platform for developing relations between the European Union and Turkey on a sound and evolutionary basis. (4) The Commission was requested by the Cardiff European Council to table any proposals which would be required to implement the European strategy. (5) The Cardiff European Council pointed out that the European strategy would require financial support. (6) The conclusions of the Council meeting of 13 September 1999 referred to financial assistance for Turkey. C 311 E/6 EN Official Journal of the European Communities 31. 10. 2000 INITIAL PROPOSAL AMENDED PROPOSAL (7) Since the EC-Turkey customs union came into force on 31 December 1995, Turkey has been pushing ahead with economic reform. (8) The Helsinki European Council of 10/11 December 1999 stated that Turkey was an applicant country which could join the EU on the basis of the same criteria as those applicable to the other applicant countries. (9) The provisions of this Regulation are based on respect for democratic principles, the rule of law, human rights and fundamental freedoms and respect for international law, which underpin the policies of the European Community and its Member States. (10) The Community attaches great importance to the Turkey for funda- to improve its democratic practices respect mental human rights civil society in. (10) The Community attaches great importance to the need for Turkey to improve and promote its democratic practices and respect for fundamental human rights, and more closely involve civil society in that process. respect (11) The European Parliament has adopted a number of for human resolutions on the importance of in Turkey to the development of close ties rights between that country and the European Union, in particular those of 13 December 1995 on the human rights situation in Turkey, 17 September 1998 on the Commission reports on developments in relations with Turkey since the entry into force of the customs union, 3 December 1998 on the communication from the Commission to the Council and the European Parliament on the further development of relations with Turkey and on the communication from the Commission to the the Council Commission’s and 6 operational October 1999 on the state of relations between Turkey and the European Union (3). entitled European strategy for Turkey: proposalsí initial Unchanged (12) The European Parliament, the Commission adopted a declaration on 6 March 1995 on the incorporation of financial provisions into legislative acts (1). the Council and (13) On 6 May 1999 the European Parliament, the Council and the Commission approved an interinstitutional agreement on budgetary the budgetary procedure (2). improvement of discipline and ___________ (1) OJ C 102, 4. 4. 1996, p. 1. (2) OJ C 172, 18. 6. 1999, p. 1. ___________ (3) OJ C 17, 22. 1. 1996, p. 46; OJ C 313, 12. 10. 1998, p. 176; OJ C 398, 21. 12. 1998, p. 57; minutes of that date (respectively). 31. 10. 2000 EN Official Journal of the European Communities C 311 E/7 INITIAL PROPOSAL AMENDED PROPOSAL (14) Without prejudice to the powers of a multiannual the budgetary authority, the for period 2000-2002 is proposed as the financial reference which illustrates the will of the legislative authority. Such a reference shall be part of financial framework of the Mediterranean allocations. the multiannual indicative amount (15) The measures needed to implement this Regulation are management measures within the meaning of Article 2 of Council Decision 1999/468/EC of 28 June 1999 exercise of laying implementing powers conferred on the Commission (1); whereas these measures should be adopted in accordance with the management procedure laid down in Article 4 of that Decision. down the procedures the for (16) The Treaty does not provide any powers other than those pursuant to Article 308 for the adoption of this Regu- lation, Unchanged HAS ADOPTED THIS REGULATION: Article 1 The Community shall assist Turkey in preparing for accession by establishing closer links with the European Union in all fields connected with the intensification of the customs union. Article 2 The financial reference illustrating the will of the legislative authority is EUR 15 million for the period 2000-2002. This reference shall not affect the powers of the budgetary authority as defined in the Treaty. The budgetary authority shall set the annual funding in relation to the appropriations available for each financial year, taking into account the principles of sound management referred to in Article 2 of the Financial Regu- lation. Article 3 Unchanged 1. The beneficiaries of cooperation projects and operations may include not only the Turkish state and regions but also local authorities, regional organisations, public agencies, local or traditional communities, business support organisations, cooperatives and civil society, in particular associations, foun- dations and non-governmental organisations. ___________ (1) OJ L 184, 17. 7. 1999, p. 23. C 311 E/8 EN Official Journal of the European Communities 31. 10. 2000 INITIAL PROPOSAL AMENDED PROPOSAL for the continuation of 2. Where an essential element in particular in the case of assistance to Turkey is lacking, law, human violation of democratic principles, rights and fundamental law, the Council, acting by qualified majority on a proposal from the Commission, may decide upon appropriate measures. freedoms and international the rule of The Commission shall pass indicative programme to the committee referred to in Article 7 of this Regulation and the EU-Turkey joint economic and social committee. information on its Article 4 Unchanged Cooperation projects and operations may be financed in the following indicative areas: - support for the alignment of Turkish legislation on that of the Community and assistance with the institutional devel- opment connected with that adjustment; - access to the single market, including development of the requisite certification and quality instruments; - assistance for the liberalisation of capital movements between the Community and Turkey; - cooperation to develop the customs union between the European Community and Turkey, in particular integrating Turkey into the pan-European rules of origin system and supporting its participation in the Transit and Single Administrative Document Conventions; - helping Turkey to adapt its agricultural policy to incor- porate the CAP measures needed to establish the free movement of agricultural goods; - cooperation in veterinary and plant-health matters; - Turkish participation in a number of Community programmes and agencies dealing with matters including the environment, research, education, training and youth; - cooperation on competition policy and consumer policy, new technologies and the information society; - cooperation on justice and home affairs; - any form of cooperation seeking to defend and promote law, human rights and the the rule of democracy, protection of minorities. 31. 10. 2000 EN Official Journal of the European Communities C 311 E/9 INITIAL PROPOSAL AMENDED PROPOSAL Article 5 Unchanged Financial support under this Regulation shall take the 1. form of grants. 2. The instruments to be employed in the course of the operations covered by this Regulation shall include technical assistance, training or other services, supplies and works, along with audits and evaluation and monitoring missions. The instruments to be employed in the course of the 2. operations covered by this Regulation shall include, within the limits established during the annual budget procedure by the budgetary authority, technical assistance, training or other services, supplies and works, along with audits and evaluation and monitoring missions. 3. Community financing may cover investment, with the exception of the purchase of buildings, and recurring costs (including administrative, maintenance and operational costs), taking account of the fact that the project must aim to have the recurring costs taken over by the beneficiaries. Unchanged 4. A financial contribution from the partners defined in Article 3 shall be sought for each cooperation operation. The contribution requested shall be within the means of the partners concerned and shall depend on the nature of the operation. In specific cases where the partner is an NGO or a community-based organisation, a contribution in kind may be made. Opportunities may be sought for cofinancing with other 5. providers of funds, especially with Member States. 6. The necessary measures shall be taken to emphasise the Community character of the aid provided under this Regu- lation. 7. The Commission, in conjunction with the Member States, may take any initiatives necessary for ensuring good coor- dination with the other providers of funds involved. Article 6 1. The Commission shall appraise, approve and administer operations covered by this Regulation according to the budgetary and other procedures in force, and in particular those laid down in the Financial Regulation applicable to the general budget of the European Union. C 311 E/10 EN Official Journal of the European Communities 31. 10. 2000 INITIAL PROPOSAL AMENDED PROPOSAL Project and programme appraisal shall take into account 2. the following factors: - effectiveness and viability of operations, - cultural, social, gender and environmental aspects, - conservation and protection of the environment on the basis of the principles of sustainable development, - institutional development necessary to achieve project Unchanged goals, - experience gained from operations of the same kind. 3. Decisions relating to grants of more than EUR 2 million for individual operations financed under this Regulation shall be taken under the procedure laid down in Article 7. The Commission shall inform the Committee referred to in Article 7 succinctly of any financing decisions it intends to take with regard to projects and programmes of less than EUR 2 million in value. The information shall be made available at least one week before the decision is taken. The shall take all necessary steps to facilitate take-up of by The Commission shall take-up of grants by small, non-profit-making NGOs. take all necessary steps to facilitate 4. The Commission is authorised to approve, without seeking the opinion of the Committee referred to in Article 7, any extra commitments needed for covering expected or real cost overruns in connection with the operations, provided that the overrun or additional requirement is not more than 20 % of the initial commitment fixed by the financing decision. Unchanged less than EUR 4 million, Where the additional commitment referred to in the previous the Committee subparagraph is referred to in Article 7 is informed of the decision taken by the Commission. Where the additional commitment is more than EUR 4 million but the Committee’s opinion shall be sought. less than 20 %, 5. All financing agreements or contracts concluded under this Regulation shall provide for the Commission and the Court of Auditors to conduct on-the-spot checks according to the usual procedures laid down by the Commission under the rules in force, and in particular those of the Financial Regulation applicable to the general budget of the European Union. 31. 10. 2000 EN Official Journal of the European Communities C 311 E/11 INITIAL PROPOSAL AMENDED PROPOSAL 6. Where operations are the subject of financing agreements between the Community and Turkey, such agreements shall taxes, duties or any other the payment of stipulate that charges is not to be covered by the Community. 7. Participation in invitations to tender and the award of contracts shall be open on equal terms to natural and legal persons of the Member States and Turkey. 8. Supplies shall originate in the Member States or Turkey. Article 7 The Commission shall be assisted by the committee set 1. up by Regulation (EC) No 1488/96 of 23 July 1996 (1), known as the MED Committee, made up of representatives of the Member States and chaired by the representative of the Commission. 2. Where reference is made to this Article, the management procedure provided for in Article 4 of Decision 1999/468/EC shall apply, in accordance with Article 7(3) thereof. The period referred to in Article 4(3) of Decision 3. 1999/468/EC shall be three months. Article 8 Artikel 8 An exchange of views shall take place, once a year, on the basis of a presentation by the Commission’s representative of the indicative for the operations to be carried out in the year ahead, in a meeting of the Committee referred to in Article 7. An exchange of views shall take place, once a year, on the basis of a presentation by the Commission’s representative of the indicative programme for the operations to be carried out in the year ahead, in a meeting of the Committee referred to in Article 7. The European Parliament shall be informed of the proposals and of the outcome of the discussions. Article 9 to the The Commission shall European Parliament and to the Council during the first quarter of each year. This report shall contain at least the following: submit an annual report (a) a detailed summary of the operations financed during the previous financial year; (b) the planned indicative programme for the current financial year and a statement of the progress made with regard to the operations included therein; (c) the forecasts for the programme and the operations to be undertaken during the following financial year; (d) a summary of the conclusions of any evaluations, including those relating to specific operations; ___________ (1) OJ L 189, 30. 7. 1996, p. 1. C 311 E/12 EN Official Journal of the European Communities 31. 10. 2000 INITIAL PROPOSAL AMENDED PROPOSAL (e) information on the bodies with which the agreements or contracts have been concluded. Article 10 Unchanged improving the effectiveness of The Commission shall regularly evaluate operations financed by the Community in order to establish whether the objectives of the operations have been achieved and to provide guidelines future operations. The for to the Committee referred to in Commission shall submit the evaluations made, which the Article 7 a summary of latter may, if necessary, examine. Evaluation reports shall be made available to any Member States requesting them. Article 11 Article 11 the Commission shall submit to the European Parliament and the Council an overall assessment of the operations financed by together with the Community suggestions this Regulation and, where necessary, proposals for amending it regarding the future of this Regulation, under the the end of financial Six months before to the European framework, the Commission shall submit the Parliament and the Council an overall assessment of operations financed by the Community under this Regulation, together with suggestions regarding the future of this Regu- lation and, where necessary, proposals for amending it. three-year Article 12 Unchanged This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States