Amended proposal for a Regulation of the European Parliament and of the Council regarding the implementation of measures to promote economic and social development in Turkey
31. 10. 2000 EN Official Journal of the European Communities C 311 E/125 Amended proposal for a Regulation of the European Parliament and of the Council regarding the implementation of measures to promote economic and social development in Turkey (2000/C 311 E/05) COM(2000) 169 final - 1998/0300(COD) (Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 5 April 2000) INITIAL PROPOSAL AMENDED PROPOSAL THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Unchanged Having regard to the Treaty establishing the European Community, and in particular Article 179 thereof, Having regard to the proposal from the Commission, Acting in accordance with the procedure laid down in Article 251 of the EC Treaty, Whereas: (1) Relations between the European Union and Turkey are based mainly on the Association Agreement of 12 the Association September 1963 and the decisions of Council which the Association Agreement set up. (2) Turkey is engaged in substantial reform to improve its its economy, restructure and increase the efficiency of public sector, modernise its economic and social infra- structure and develop its manufacturing sector. (3) The Cardiff European Council on 15 and 16 June 1998 affirmed the importance it attached to the implementation of the European strategy for Turkey and requested the Commission to table proposals (including proposals on financial matters) in that connection. (4) Income is unequally distributed across Turkey’s provinces. It will not be possible to act on the conclusions of the Cardiff European Council unless these disparities are remedied by backing the development of regions which are lagging behind and by strengthening economic and social cohesion. (5) The conclusions of the Council meeting of 13 September 1999 referred to financial assistance for Turkey. C 311 E/126 EN Official Journal of the European Communities 31. 10. 2000 INITIAL PROPOSAL AMENDED PROPOSAL (6) 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. (7) 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, and also on the o. (7) 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, and also on the obligations entered into under the various agreements in those fields. (8) The Community attaches great importance to the Turkey for funda- to improve its democratic practices respect mental human rights civil society in. (8) 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 (9) 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 (1). entitled European strategy for Turkey: proposalsí initial (10) 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 laying exercise of implementing powers conferred on the Commission (2); 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 (11) On 6 May 1999 the European Parliament, the Council and the Commission approved an interinstitutional agreement on budgetary the budgetary procedure (1). improvement of discipline and Unchanged ___________ (1) OJ C 172, 18. 6. 1999, p. 1. ___________ (1) 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). (2) OJ L 184, 17. 7. 1999, p. 23. 31. 10. 2000 EN Official Journal of the European Communities C 311 E/127 INITIAL PROPOSAL AMENDED PROPOSAL (12) The European Parliament, the Commission adopted a declaration on 6 March 1995 on the incorporation of financial provisions into legislative acts. the Council and (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) Such a reference shall be part of the multiannual financial framework of the Mediterranean allocations. (13) 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 financial a reference shall be part of framework of the Mediterranean allocations. the multiannual indicative amount (14) The projects and programmes financed on this basis must further Turkey’s economic and, the reform of its devel- opment policies and the restructuring of its institutional framework (14) The projects and programmes financed on this basis must further Turkey’s economic and social development, help to promote the defence of human rights and respect for, and the protection of, the country’s minorities, and contribute to the reform of its development policies and the restruc- turing of its institutional and legal framework in order to ensure compliance with these principles. (15) The projects and programmes financed on this basis must benefit the population affected by a development lag, (15) The projects and programmes financed on this basis must benefit above all the population affected by a development lag, HAVE ADOPTED THIS REGULATION: Unchanged Article 1 The Community shall assist Turkey in its efforts to achieve economic and social development. 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. ___________ (1) OJ C 102, 4. 4. 1996, p. 4. C 311 E/128 EN Official Journal of the European Communities 31. 10. 2000 INITIAL PROPOSAL AMENDED PROPOSAL Article 3 Unchanged The beneficiaries of cooperation projects and operations 1. may include not only the Turkish state and regions but also in particular local authorities, regional organisations, bodies and, local or traditional communities, business support organi- sations, cooperatives and civil society, in particular associations, foundations and non-governmental organisations. local authorities, The beneficiaries of cooperation projects and operations 1. may include not only the Turkish state and regions but also in particular regional organisations, public bodies and departments, including the customs administration, local or traditional communities, business support organi- sations, cooperatives and civil society, in particular associations, foundations and non-governmental organisations. 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 Unchanged pass information on indicative The Commission shall pass programme to the committee referred to in Article 7 of this Regulation and the joint parliamentary committee and the EU-Turkey joint economic and social committee. information on its Article 4 Unchanged Cooperation projects and operations may be financed in 1. the following indicative areas: - modernising manufacturing, improving institutional and infrastructure capacity in areas including the environment, energy and transport; - promotion of industrial cooperation by methods including support for diversification in industry and the establishment of small and medium-sized enterprises; - cooperation in telecommunications, development and social services; infrastructure, rural - boosting the capacity of the Turkish economy, inter alia by measures to encourage the restructuring of the country’s private sector and private initiative; - cooperation in protecting health; - cooperation in the field of education and training; - regional and cross-border cooperation; - 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/129 INITIAL PROPOSAL AMENDED PROPOSAL - cooperation on humanitarian issues; - measures to promote the development of social dialogue within Turkey and between Turkey and the European Union; - all forms of assistance aimed at promoting the development of relations between the European Union and Turkey; - promotion of cooperation between the two parties’ public administrations with a view to the approximation of legis- lation and the training of staff, including customs officers. 2. Where appropriate, measures could be taken to underpin a structural adjustment programme on the basis of the following principles: - support programmes must be tailored to Turkey’s particular circumstances and take account of economic and social conditions; - support programmes must be tailored as far as possible to Turkey’s particular circumstances and take account of economic and social conditions; - support programmes must include measures to alleviate any negative impact of the structural adjustment process in social and employment terms, most disadvantaged sectors of the population; - support programmes must include measures to alleviate any negative impact of the structural adjustment process in social and employment in particular for the most disadvantaged sectors of the population; terms, - account must be taken of Turkey’s economic situation, and servicing in particular, its charges, balance of payments and foreign currency supply, monetary situation, per capita gross domestic product and unemployment level. indebtedness, debt level of - account must be taken of Turkey’s economic situation, and in particular regional economic imbalances, its level of indebtedness, debt servicing charges, balance of payments and foreign currency supply, monetary situation, per capita gross domestic product and unemployment level. Article 5 Unchanged Financial support under this Regulation shall take the 1. form of grants. The instruments to be employed in the course of the 2. 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. C 311 E/130 EN Official Journal of the European Communities 31. 10. 2000 INITIAL PROPOSAL AMENDED PROPOSAL 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 a non-govern- mental organisation 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. In order to achieve the objectives of coherence and complementarity referred to in the Treaty, and with the aim of guaranteeing optimum efficiency for these actions as a whole, the Commission will take all necessary coordination measures, notably: a) the establishment of a system for systematic exchange and analysis of information on; a) the establishment of a system for systematic exchange and analysis of information on the planning of operations to be carried out, the approval of each individual operation whose financing is under consideration by the Community and the Member States, and the development of the operations already approved; b) on-the-spot coordination of these operations by means of regular meetings and exchange of information between the representatives of the Commission and Member States in the beneficiary. b) on-the-spot coordination of these operations by means of regular meetings and exchange of information between the representatives of the Commission and Member States in the beneficiary country. 8. 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. Unchanged 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. 31. 10. 2000 EN Official Journal of the European Communities C 311 E/131 INITIAL PROPOSAL AMENDED PROPOSAL Project and programme appraisal shall take into account 2. the following factors: - effectiveness and viability of operations, - effectiveness and economic viability of operations, - cultural, social and gender aspects, Unchanged - conservation and protection of the environment on the basis of the principles of sustainable development, - institutional development necessary to achieve project 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. inform the Committee referred to in The Commission shall 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. inform the Committee referred to in The Commission shall 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 Commission shall take all necessary steps to facilitate take-up of grants by small, non-profit-making NGOs. The Commission is authorised to approve, without 4. 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 Where the additional commitment referred to in the previous the Committee subparagraph is less than EUR 4 million, the decision referred to in Article 7 shall be informed of taken by said additional commitment is more than EUR 4 million but less than 20 %, the Committee’s opinion shall be sought. the Commission. Where the 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. C 311 E/132 EN Official Journal of the European Communities 31. 10. 2000 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 Articles 7(3) and 8 thereof. The period referred to in Article 4(3) of Decision 3. 1999/468/EC shall be three months. Article 8 Unchanged 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 Unchanged The Commission shall to the 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; ___________ (1) OJ L 189, 30. 7. 1996, p. 1. 31. 10. 2000 EN Official Journal of the European Communities C 311 E/133 INITIAL PROPOSAL AMENDED PROPOSAL d) a summary of the conclusions of any evaluations, including those relating to specific operations; e) information on the bodies with which the agreements or contracts have been concluded. Article 10 Unchanged The Commission shall regularly evaluate operations financed by the the Community with a view to establishing whether the operations have been achieved and to objectives of provide guidelines for improving the effectiveness of future operations. The Commission shall submit to the Committee referred to in Article 7 a summary of the evaluations made, which the latter may, if necessary, examine. Evaluation reports shall be made available to any Member States requesting them. 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 Six months before financial framework, the Commission shall submit to the European 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 into force on the third day This Regulation shall enter 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