Amended proposal for a Council Regulation (EC) on coordinating aid to the applicant countries in the framework of the pre-accession strategy
27. 10. 98 EN Official Journal of the European Communities C 329/13 ORIGINAL TEXT AMENDED TEXT When Member States adopt these provisions, they shall contain a reference to this Directive or shall be accomÜ panied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States. the shall 2. Ú Member Commission the texts of the provisions of domestic law which they adopt in the field governed by this Directive. communicate States to This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities. This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Communities. Article 7 This Directive is addressed to the Member States. Delete Article 8 Add final formula This Regulation shall be binding directly applicable in all Member States. in its entirety and Amended proposal for a Council Regulation (EC) on coordinating aid to the applicant countries in the framework of the pre accession strategy (98/C 329/08) COM(1998) 551 final - 98/0094(CNS) (Submitted by the Commission pursuant to Article 189a(2) of the EC Treaty on 30 September 1998) THE COUNCIL OF THE EUROPEAN UNION, in addition to the PHARE programme, aid to agriculture and for structural measures; Having regard to the Treaty establishing the European Community and in particular Article 235 thereof, Having regard to the proposal from the Commission, Having Parliament, regard to the opinion of the European Whereas the Luxembourg European Council advocated a substantial increase in pre accession aid so as to include, Whereas Regulation (EC) No 622/98 of 16 March 1998 on assistance to the applicant countries in the framework of the pre accession strategy provides for the creation of Accession Partnerships which provide a single framework for programming the priorities and financial resources of pre accession aid; Whereas Regulation (EC) No. Ø. Ø. set up an agricultural in areas such as instrument for application mainly structure of agricultural holdings, modernising improving structures, distribution and developing inspection activities and rural development; processing the C 329/14 EN Official Journal of the European Communities 27. 10. 98 Whereas the structural instrument created by Regulation (EC) No. Ø. Ø. (the ISPA), is intended to finance infraÜ structure in the transport and environment fields; instrument (hereinafter the "agricultural instrument’) and the structural instrument shall be ensured in accordance with this Regulation. Whereas the PHARE programme set up by Regulation (EEC) No 3906/89, as last amended by Regulation (EC) No 753/96, will in future focus on the essential priorities i. e. linked to adoption of the acquis communautaire, building up the administrative and institutional capacities of the applicant countries and financing investments designed to help them comply with Community law as soon as possible; it is Whereas operations under the three pre accession achieve optimum economic impact; important to ensure that Community instruments Whereas the above instruments should remain distinct but there must be coordination between operations under them as well as with operations funded by the European Investment Bank, the European Bank for Reconstruction and Development, financial instruments and the other international financial instiÜ tutions; the Community’s other Whereas it is necessary to foresee reciprocal information and cooperation between the candidate countries for on the spot control and verifiÜ cation to ensure efficient protection of the financial interests as well as to combat fraud and other irreguÜ larities; the Commission and Whereas management of pre accession assistance should gradually be decentralised to the applicant countries themselves, taking account of their management and financial control capacities, so that they can be more closely involved in the pre accession aid process; Whereas the Commission should submit regular reports on pre accession aid to the applicant countries, HAS ADOPTED THIS REGULATION: Article 1 Coordination and coherence between assistance granted in the framework of the pre accession strategy under rural development PHARE, agricultural and the Article 2 to improve structure of agricultural the Measures holdings, the processing and marketing of agricultural and fisheries products, phytosanitary and veterinary inspection and the quality of foodstuffs shall be financed by the agricultural instrument set up by Regulation (EC) No. Ø. Ø. Funding shall also be provided for integrated rural development, infrastructure and including rural agri environment schemes. Article 3 Investment projects in the following areas shall be financed from the pre accession aid structural instrument established by Regulation (EC) No. Ø. Ø. : - measures in the environment sector which allow the beneficiary countries to comply with the requirements of the acquis in relation to the environment and with the objectives of the Accession Partnerships, transport, - measures relating to transport infrastructure designed to promote in sustainable modes of particular those that constitute projects of common interest based on Council Decision No 1692/96 and measures allowing to comply with the objectives of the Accession PartÜ nerships; this shall include interconnection and interÜ operability of national networks as well as with the transÜEuropean networks together with access to such networks. the beneficiary countries Article 4 1. Ú Funding under the PHARE programme shall focus on the main priorities for the adoption of the acquis communautaire, i. e. building up the administrative and institutional capacities of the applicant States and investment, except for the type of investments covered by the two instruments referred to in Articles 2 and 3. the measures 2. Ú However, PHARE funding may also be used to the fields of environment, finance transport and agricultural and rural development which form an indispensable part of integrated industrial reconÜ struction or regional development programmes. in 27. 10. 98 EN Official Journal of the European Communities C 329/15 Article 5 Article 10 Aid for schemes or measures financed in the framework of pre accession aid may be granted from one only of the instruments referred to in this Regulation. Article 6 Financing of the schemes or measures provided for in this Regulation shall be subject to compliance with the conditions laid down in Regulation (EC) No 622/98 of 16 March 1998 and in the Accession Partnerships and to the (EEC) No 3906/89 of 18 December 1989, as last amended by Regulation (EC) No 753/96 of 22 April 1996, (EC) No. Ø. Ø. (SAPARD) and (EC) No. Ø. Ø. (ISPA) and of this Regulation. relevant provisions of Regulations Article 7 Beneficiary States shall contribute to the financing of investments. Article 8 Schemes or measures three instruments referred to in Articles 2, 3 and 4 shall be decided in accordance with the provisions laid down in the relevant Regulation relating to that instrument. financed under the Article 9 for 1. Ú The Commission shall be responsible for coordiÜ nating operations under the three instruments, and in particular aid is assisted, for this guidelines for each country. It purpose, by the committee set up by Regulation (EEC) No 3906/89, as last amended by Regulation (EC) No 753/96, in accordance with the following procedure. pre accession establishing the 2. Ú The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft, within a time limit which the chairman may lay down according to the urgency of the matter if necessary by taking a vote. 3. Ú The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes. 4. Ú The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account. shall ensure coordination The Commission and coherence between operations undertaken pursuant to this Regulation under the Community budget, operations funded by the European Investment Bank or other financial instruments of the Community, and operations funded by international financial institutions. Article 11 1. Ú The Commission shall implement the Community aid in accordance with the rules of transparency and the Community’s Financial Regulation and without prejudice to this Regulation. 2. Ú Pre accession aid shall also cover expenditure relating to the monitoring, inspection and evaluation of operations. decisions instruments or 3. Ú Financing implementing shall expressly provide for inspection by the Commission and the Court of Auditors to be carried out on the spot, if necessary. and resulting therefrom contracts any Article 12 1. Ú The applicant countries may manage the aid granted to them on a decentralised basis subject to specific provisions concerning, inter alia, invitations to tender, scrutiny and evaluation of tenders and the award of contracts. 2. Ú The above specific provisions shall be laid down in financing agreements with the beneficiary countries and shall take account of their management and financial control capacities. 3. Ú The Commission inspection and evaluation. shall adopt rules governing Article 13 Every two years the Commission shall present a report on the overall pre accession aid for each country to the Council and to Parliament. Article 14 This Regulation enters into force on the third day following its publication in the Official Journal of the European Communities. This Regulation is binding in its entirety and directly applicable in all Member States