Proposal for a Council Regulation on the implementation of operations in the framework of the pre-accession strategy for Cyprus and Malta
C 56 E/56 EN Official Journal of the European Communities 29. 2. 2000 Proposal for a Council Regulation (EC) on the implementation of operations in the framework of the pre-accession strategy for Cyprus and Malta (2000/C 56 E/12) COM(1999) 535 final - 1999/0199(CNS) (Submitted by the Commission on 13 October 1999) THE COUNCIL OF THE EUROPEAN UNION, (7) Whereas the financial protocols concluded with Cyprus and Malta are due to expire on 31 December 1999; Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament, (1) Whereas the General Affairs Councils fo March and April 1995 decided that accession negotiations with Cyprus and Malta would begin six months after the end of the Inter- Governmental Conference; (2) Whereas the Luxembourg European Council of December 1997 decided on a specific pre-accession strategy for Cyprus and considered that the accession of Cyprus should benefit both communities and contribute to civil peace and reconciliation; (3) Whereas following the Vienna European Council of December 1998, which welcomed Malta’s decision to reac- tivate its application for accession to the European Union, in February 1999 the Commission submitted an up-dated version of its 1993 opinion; (4) Whereas the General Affairs Council of March 1999 called on the Commission to present appropriate suggestions as soon as possible for defining a specific pre-accession strategy for Malta; (8) Whereas Cyprus and Malta are eligible in respect of oper- ations of regional interest for financing under the MEDA budget heading; (9) Whereas implementing this Regulation should contribute to the achievement of Community objectivies; whereas the Treaty does not provide, for the adoption of this Regu- lation, for powers other than those of Article 308, HAS ADOPTED THIS REGULATION: Article 1 The European Union’s pre-accession strategy for Cyprus 1. and Malta shall be based in particular on: - the establishment of accession partnerships with Cyprus and Malta; - support for priority operations to prepare for accession, as defined within the accession partnerships with Cyprus and Malta on the basis of analyses of their economic situations, taking account of the political and economic criteria and the obligations incumbent upon a Member State of the European Union as defined by the European Council; - participation in certain Community programmes and agencies. (5) Whereas it is necessary to establish accession partnership instruments for Cyprus and Malta in accordance with the procedures set out in Council Regulation (EC) No 622/98 of 16 March 1998 (1) for the applicant States of Central and Eastern Europe, so that Community assistance can be concentrated on accession priorities and objectives; 2. Acting on a proposal from the Commission, the Council shall decide by qualified majority on the principles, priorities, intermediate objectives and conditions contained in the indi- vidual Accession Partnerships to be submitted to each applicant State, as well as on subsequent significant adjustments to them. (6) Whereas the provisions of this Regulation are based on the political criteria established by the Copenhagen European Council of 1993, in particular respect for democratic prin- law, human rights and fundamental ciples, law, which freedoms, and compliance with international are essential elements of the European Union and its Member States; the policies of the rule of (1) OJ L 85, 20. 3. 1998, p. 1. Article 2 The beneficiaries of cooperation projects and operations may include not only the state and regions of Cyprus and Malta but also local authorities, regional organisations, public agencies, traditional communities, business support organi- local or in particular organi- sations, cooperatives and civil society, sations of the social partners, associations, foundations and non-governmental organisations. 29. 2. 2000 EN Official Journal of the European Communities C 56 E/57 Article 3 Cooperation projects shall be in the form of grants and may be financed in the following indicative areas: Prior appraisal of projects and programmes shall take 3. account of the following factors: - the effectiveness and viability of projects and programmes; - technical assistance, training or other services, supplies and works, audits and evaluation and monitoring missions corresponding to the objectives cited in Article 1; - the environment; - any operations to contribute to the reconciliation of the two Cypriot communities. Article 4 1. Community financing may cover investment, with the exception of the purchase of buildings, and recurring costs including administrative, maintenance and operating costs, taking into account that projects must aim to have recurring costs taken over by the beneficiaries. A financial contribution to each cooperation operation 2. shall be sought from the partners specified in Article 2. 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 either a non- governmental organisation or a community-based organisation, the contribution may be in kind. Opportunities may be sought for cofinancing with other 3. donors, particularly Member States. 4. The Commission, in consultation with the Member States, may take any initiative necessary to ensure good coordination with the other donors concerned. Article 5 Where an essential element for the continuation of pre-ac- cession assistance to Cyprus or Malta is lacking, in particular where there is a violation of democratic principles, the rule of law, human rights, fundamental freedoms or international law and/or progress towards fulfiment of the Copenhagen criteria is insuffisient, the Council, acting by a qualified majority on a proposal from the Commission, may take appropriate steps with regard to any pre-accession assistance granted to Cyprus or Malta. Article 6 1. The Commission shall be responsible for appraising, approving and administering projects covered by this Regu- lation in accordance with the budget procedures in force and in particular those laid down in the Financial Regulation applicable to the general budget of the European Union. 2. Pre-accession aid shall also cover expenditure relating to the identification, implementation, monitoring, inspection and evaluation of operations. - the institutional development necessary to achieve project and programme objectives; - experience gained from projects and programmes of the same kind; - cultural, social and gender aspects. capacity, The Commission may decide, on the basis of a case- 4. by-case analysis of national and sectorial programme/project management and structures to waive the ex-ante approval requirement referred to in paragraph 3 and confer on implementing agencies in applicant countries management of aid on a decentralised basis. Such a waiver shall be subject to: regarding public finance, control procedures financial - the minimum criteria ability of for implementing agencies in applicant countries to manage aid and minimum conditions applicable to such agencies set out in the Annex to this Regulation; assessing the - and specific provisions concerning, inter alia, invitations to tender, scrutiny and evaluation of tenders, the award of contracts and the implementation of Community public procurement directives, which shall be laid down in financing agreements with each beneficiary country. 5. Decisions relating to grants of more than EUR 2 000 000 for individual projects or programmes financed under this Regulation shall be taken under the procedure provided for in Article 7. inform the Committee referred to in The Commission shall Article 7 succinctly of any financing decisions it intends to take than EUR 2 000 000 in value. The information shall be made available at least one week before the decision is taken. and programmes of regarding projects less 6. The Commission is authorised to approve, without seeking the opinion of the Committee referred to in Article 7, additional commitments needed to cover expected or actual overruns on the projects or programmes, provided that the overrun or additional requirement is not more than 20 % of the initial commitment set in the financing decision. All financing agreements or contracts concluded under 7. this Regulation shall provide for the Commission and the Court of Auditors to conduct on-the-spot checks according to the procedures laid down by the Commission under the rules in force, and in particular those of the Financial Regu- lation applicable to the general budget of the European Union. C 56 E/58 EN Official Journal of the European Communities 29. 2. 2000 8. Where projects and programmes are the subject of financing agreements between the Community and Cyprus or Malta, such agreements shall stipulate that the payment of taxes, duties or any other charges is not to be covered by the Community. 9. 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, Cyprus and Malta. Article 9 improving the effectiveness of The Commission shall regularly assess 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 Article 7 a summary of the assessments made, which the latter may, if necessary, examine. Assessment reports shall be requesting them and to the sent European Parliament. to any Member States Supplies shall originate in the Member States, Cyprus or 10. Malta. Article 10 Article 7 A management committee shall be established (hereinafter referred to as áthe Committeeí). this Regulation enters Three years after the Commission shall submit to the European Parliament and the Council an overall assessment of operations financed by the Community under this Regulation, together with suggestions regarding the future of this Regulation and, where necessary, proposals for amending it. into force, Where reference is made to this article, the advisory procedure laid down in Article 4(3) of Decision 1999/468/EC shall apply. Article 11 The period provided for in Article 4 of Decision 1999/468/EC shall be three months. This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. Article 8 This Regulation shall replace the financial protocols for Cyprus and Malta from 2000 for a period of five years. An exchange of views shall take place once a year on the basis of a presentation by the Commission’s representative of the general guidelines for the operations to be carrie dout in the year ahead, the Committee referred to in Article 7. in a meeting of This Regulation shall be binding in its entirety and directly applicable in all Member States. 29. 2. 2000 EN Official Journal of the European Communities C 56 E/59 MINIMUM CRITERIA AND CONDITIONS FOR DECENTRALISING MANAGEMENT TO IMPLEMENTING AGENCIES IN APPLICANT COUNTRIES (ARTICLE 6) ANNEX 1. Minimum criteria for assessing the ability of implementing agencies in applicant countries to manage aid The following criteria shall be applied by the Commission in assessing which implementing agencies in partner countries are able to manage aid on a decentralised basis: (i) there should be a well-defined system for managing the funds with full internal rules of procedure, clear institutional and personal responsibilities; (ii) the principle of separation of powers must be respected so that there is no risk of conflict of interest in procurement and payment; (iii) adequate personnel must be available and assigned to the task. They must have suitable auditing skills and experience, language skills and be fully trained in implementing Community programmes. 2. Minimum conditions for decentralising management to implementing agencies in applicant countries Decentralisation to applicant countries with ex post control by the Commission may be considered for an implementing agency where the following conditions are met: (i) demonstration of effective internal controls including an independent audit function and an effective accounting and financial reporting system which meets internationally accepted audit standards; (ii) a recent financial and operational audit showing effective and timely management of Community assistance or national measures of similar nature; (iii) a reliable national financial control system over the implementing agency; (iv) procurement rules which are endorsed by the Commission as meeting requirements of Title IX of the Financial Regulation applicable to the general budget of the European Communities; (v) Commitment by the National Authorising Officer to bear the full financial responsbility and liability for the funds. This approach shall not prejudice the right of the Commission and the Court of Auditors to check the expenditure