COUNCIL REGULATION (EURATOM, EC) No 1279/96 of 25 June 1996 concerning the provision of assistance to economic reform and recovery in the New Independent States and Mongolia
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 235 thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 203 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas, pursuant to the European Council in Dublin and in Rome in 1990, the Community introduced a technical assistance programme in favour of economic reform and recovery in the former Union of Soviet Socialist Republics;
Whereas Council Regulation (Euratom, EEC) No 2053/93 of 19 July 1993 concerning the provision of technical assistance to economic reform and recovery in the independent States of the former Soviet Union and Mongolia (2) laid down the conditions for the provision of this technical assistance and envisaged such an operation from 1 January 1993 to 31 December 1995;
Whereas such assistance will be fully effective only in the context of progress towards free and open democratic systems that respect human rights, and towards market-oriented economic systems;
Whereas such assistance has already generated significant impact on reform in the New Independent States and Mongolia and further assistance is still required to ensure that this reform becomes sustainable, it is necessary to continue this effort;
Whereas a financial reference amount, within the meaning of point 2 of the declaration by the European Parliament, the Council and the Commission of 6 March 1995, is included in this Regulation for the entire duration of the programme, without thereby affecting the powers of the budgetary authority as they are defined by the Treaty;
Whereas the implementation of the said assistance should enable conditions favourable to private investment to be established;
Whereas it is appropriate to establish priorities for this assistance;
Whereas Community assistance will be all the more effective where it can be implemented on a decentralized basis within each partner country;
Whereas the development of inter-State economic links and trade flows conducive to economic reform and restructuring should be encouraged;
Whereas, in order properly to meet the most acute needs of the New Independent States and Mongolia at the present stage of their economic transformation, it is necessary to permit a limited amount of the financial allocation to be used for small-scale infrastructure projects in the context of cross-border cooperation;
Whereas the development of small and medium-sized enterprises is a priority in all the New Independent States and Mongolia, and it is therefore appropriate to provide equity funding for such companies;
Whereas the dialogue between the social partners should be encouraged;
Whereas the integration of environmental aspects into the programme would guarantee the long-term sustainability of the economic reforms;
Whereas the European Council at its meeting in Rome also stressed the importance of effective coordination by the Commission of the efforts made in the former Union of Soviet Socialist Republics by the Community and its Member States acting individually;
Whereas it is appropriate that the Commission be assisted in the implementation of Community aid by a committee made up of Member States' representatives;
Whereas the requirements of economic reform and restructuring now in progress, and the effective management of this programme, require a multiannual approach;
Whereas assistance for economic reform and recovery may require specific types of expertise particularly available in the Phare partner countries and in certain other States;
Whereas procedures for tenders shall fully respect the provisions of the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (3) (hereinafter referred to as 'the Financial Regulation`);
Whereas the widest possible participation under equal conditions in tenders for supplies, works and services shall be ensured;
Whereas the Commission shall ensure the necessary transparency and rigour when the selection criteria are applied;
Whereas effective competition amongst firms, organizations and institutions interested in participating in the initiatives financed by the programme shall be ensured;
Whereas, to this end, all relevant information on projects shall be provided, using, when appropriate, the most modern means of communication so as to ensure that any firm, organization or institution which may be interested can express its interest in being considered for an invitation to tender;
Whereas, in the selection process, the Commission shall try to diversify between firms, organizations and institutions;
Whereas the continued provision of assistance will contribute to the attainment of the Community's objectives, notably in the context of the partnership and cooperation agreements;
Whereas the Treaties have not provided, for the adoption of this Regulation, powers other than those of Article 235 of the EC Treaty and Article 203 of the EAEC Treaty,
HAS ADOPTED THIS REGULATION:
Article 1
1. A programme to assist economic reform and recovery in the partner States listed in Annex I (hereinafter called 'the partner States`) shall be implemented by the Community from 1 January 1996 to 31 December 1999 in accordance with the criteria laid down in this Regulation.
2. Assistance shall be concentrated on sectors and, where appropriate, on geographical areas in which the partner States have already taken concrete measures to promote reform and/or for which they can present a time-schedule. Criteria for implementation of this Regulation are set out in Annex IV which, if appropriate, may be modified according to the procedure laid down in Article 8 (2) and (3).
Article 2
The financial reference amount for the implementation of this programme for the period 1996 to 1999 shall be ECU 2 224 million.
The annual appropriations shall be authorized by the budgetary authority within the limits of the financial perspective.
Article 3
1. The programme referred to in Article 1 shall mainly take the form of technical assistance in support of the economic reform in progress in the partner States for measures aimed at bringing about the transition to a market economy and reinforcing democracy.
It shall also, case by case and in accordance with the procedure set out in Article 8 (2) and (3), cover reasonable costs of supplies required in support of the implementation of the technical assistance. In particular cases, such as nuclear safety programmes, a significant supply element may be included.
The cost of the project in local currency shall be covered by the Community only to the extent strictly necessary.
2. On a case-by-case basis and subject to the procedure referred to in Article 8 (2), assistance may cover costs related to small-scale infrastructure projects in the context of border-crossing facilities referred to in paragraph 10.
3. The programme shall promote industrial cooperation and support the establishment of joint ventures through the funding of equity investment in small and medium-sized companies.
4. The allocation to activities mentioned under paragraphs 2 and 3 shall not exceed 10 % of the annual Technical Assistance for the Commonwealth of Independent States (Tacis) budget.
5. The assistance shall also cover costs related to the preparation, implementation, monitoring, audit and evaluation of the execution of these operations, as well as costs concerning information.
6. The assistance shall be concentrated in particular in the indicative areas referred to in Annex II taking into account the evolving needs of the beneficiaries. Particular emphasis shall be laid on nuclear safety issues.
7. When designing and implementing programmes, due regard shall be taken of:
- the promotion of equal opportunities for women in the recipient countries,
- environmental considerations.
8. Operations to be financed pursuant to this Regulation shall be selected taking account, inter alia, of the recipients' preferences and on the basis of an assessment of their effectiveness in achieving the objectives aimed at by the Community assistance.
9. The assistance shall be implemented on a decentralized basis as far as possible. To this end, the final recipients of Community assistance shall be closely involved in the preparation and execution of the projects, and once the national authorities of the partner States have agreed on sectoral policies and strategies, as well as the geographical concentration areas, the identification and preparation of the measures to be supported shall be carried out directly at regional level wherever possible.
Regular coordination shall be established between the Commission and the Member States, including on-the-spot coordination in their contracts with the partner States, both in the programme-definition and the programme-implementation stage.
10. Assistance may be provided to support measures aimed at promoting inter-State, inter-regional and cross-border cooperation. Particular attention will be paid to border-crossing facilities on borders between the New Independent States and the Union, and the New Independent States and central Europe, as well as to measures on the Finnish-Russian border comparable to those undertaken in this field between the Union and the Phare countries. Moreover, particular attention will be paid to cooperation on the level of large geographical regions between the New Independent States and the Union and the New Independent States and central Europe.
11. When an essential element for the continuation of cooperation through assistance is missing, in particular in cases of violation of democratic principles and human rights, the Council may, on a proposal from the Commission, acting by a qualified majority, decide upon appropriate measures concerning assistance to a partner State.
Article 4
1. Community assistance shall take the form of grants which shall be released in tranches as projects materialize.
2. Financing decisions and may contracts resulting therefore shall expressly provide for supervision by the Commission and the Court of Auditors to be carried out on the spot, if necessary.
Article 5
1. Indicative programmes covering four-year periods shall be established for each of the partner States in accordance with the procedure provided for in Article 8. These programmes shall define the principal objectives of, and guidelines for, Community assistance in the indicative areas referred to in Article 3 (6) and could include financial estimates. The programmes may be amended in accordance with the same procedure during the period of their application. Before the establishment of indicative programmes, the Commission shall discuss with the Committee referred to in Article 8 the priorities identified with the partner States.
2. Action programmes based on the indicative programmes referred to in paragraph 1 shall be adopted on an annual basis in accordance with the procedure provided for in Article 8 (2) and (3). These action programmes shall include a list of the main projects to be financed within the indicative areas referred to in Article 3 (6). The content of the programmes shall be determined in detail, so as to provide Member States with the relevant information to enable the Committee referred to in Article 8 to deliver its opinion.
Article 6
1. The Commission shall implement operations in accordance with the action programmes referred to in Article 5 (2) and in accordance with Title IX of the Financial Regulation as well as Article 7 of this Regulation.
2. Supply and works contracts shall be awarded by means of open invitations to tender except in the cases provided for in Article 116 of the Financial Regulation.
Open invitations to tender for the award of supply contracts in accordance with Article 114 of the Financial Regulation shall allow for a time limit to submit an offer of not less than 52 days from the date of dispatch of the notice to the Official Journal of the European Communities.
Service contracts shall, as a general rule, be awarded by restricted invitations to tender and by private treaty for operations up to ECU 200 000.
Participation in invitations to tender and contracts shall be open on equal terms to all natural and legal persons in the Member States and in the partner States.
Participation by natural and legal persons from the countries benefiting from Phare as well as in specific cases from Mediterranean countries with traditional economic, trade or geographical links may be authorized by the Commission on a case-by-case basis if the programmes or projects concerned require specific forms of assistance specifically available in such countries.
3. Taxes, duties and the purchase of immovable property shall not be funded by the Community.
4. In the case of cofinancing, the participation of third countries concerned in invitations to tender and contracts may be authorized by the Commission, but on a case-by-case basis. In these cases the participation of undertakings from third countries shall be acceptable only if reciprocity is granted.
Article 7
The principles governing the award of contracts by means of tendering, in particular restricted tendering, are contained in the Annex III, which may be modified by the Council, acting by qualified majority on a proposal by the Commission.
The Commission shall present to the Council a report on the implementation of these principles by 31 December 1997.
Article 8
1. The Commission shall be assisted by a committee composed of the representatives of the Member States and chaired by the representative of the Commission, to be known as the 'committee for assistance to the New Independent States and Mongolia` and hereinafter referred to as the 'committee`.
2. 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. The opinion shall be delivered by the majority laid down in Article 148 (2) of the EC Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.
3. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.
If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.
If, on the expiry of a period of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.
4. The committee may examine any other question relating to the implementation of this Regulation which may be put to it by its chairman, including at the request of the representative of a Member State, and, in particular, any question relating to general implementation, the administration of the programme, cofinancing and the coordination referred to in Article 9.
5. The committee shall adopt its rules of procedure by qualified majority.
6. The Commission shall keep the committee regularly informed, supplying specific, detailed information on the contracts awarded for the implementation of the projects and programmes. Moreover, for projects expected to be put out for restricted invitations to tender in accordance with Article 6 (2), the Commission shall, before drawing up short-lists, provide in good time advance information which shall include selection and evaluation criteria so as to facilitate participation by economic operators.
7. The European Parliament shall be kept regularly informed of the implementation of the Tacis programmes.
Article 9
The Commission shall, together with the Member States, ensure the effective coordination of the assistance efforts undertaken in the partner States by the Community and individual Member States on the basis of the information supplied by the Member States.
In addition, coordination and cooperation with the international financial institutions and other donors shall be encouraged.
In the framework of the assistance provided pursuant to this Regulation, the Commission shall promote cofinancing with public or private bodies in the Member States.
Article 10
Each year the Commission shall present a progress report on the implementation of the assistance programme. This report shall include an evaluation of the assistance already provided. The report shall be addressed to the Member States, the European Parliament, the Council and the Economic and Social Committee and the Committee of the Regions.
Article 11
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.
Done at Luxembourg, 25 June 1996.