1996R2258 — EN — 20.11.2003 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILREGULATION(EC)No2258/96
of22November1996
onrehabilitationandreconstruction operationsindevelopingcountries
(OJ L 306, 28.11.1996, p. 1)
Amended by:
Official Journal
No page date
►M1Regulation (EC) No 1882/2003 of the European Parliament and of the
Council of 29 September 2003L 284 1 31.10.2003
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
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COUNCILREGULATION(EC)No2258/96
of22November1996
onrehabilitationandreconstructionoperationsindevelopingcoun-
tries
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
inparticular Article 130w thereof,
Having regard to the proposal from the Commission (1),
Acting in accordance with the procedure laid down in Article 189c of
the Treaty (2),
Whereas the Commission, in its communication of 12 May 1993 to the
European Parliament and the Council on a special rehabilitationsupport programme in developing countries, highlighted the specificnature and scale of the rehabilitation and reconstruction aid needed by
developing countries that have suffered serious destruction through
war, civil disorder or natural disaster;
Whereas the conclusions of the Council (Development) of 2 December
1993 on rehabilitation aid define the principal objectives, conditionsand criteria for such aid and emphasize the need for close coordination
between the Commission and the Member States when planning and
implementing it;
Whereas the Commission must ensure that coherence and continuity
governthe efforts made inthe fields of human itarianaid, rehabilitationand development;
Whereas the EuropeanParliamen t, inits Resolutionof 16 November
1993 (
3), emphasized the scale of the developing countries' need for
rehabilitation aid and proposed the establishment of a specific financialframework with considerable financial resources for that purpose in the
general budget of the European Communities;
Whereas the European Parliament stressed the need to position rehabi-
litation operations in a medium-term or long-term development plan;
Whereas the European Parliament also noted that high priority needed
to be accorded to the speed and efficiency of aid;
Whereas the budgetary authority included, in the budget, headings for
the financing of rehabilitation programmes in southern Africa (B7-3210) and of rehabilitation and reconstruction operations in developingcountries (B7-6410);
Whereas procedures should be established for the administration of
such programmes and operations,
HAS ADOPTED THIS REGULATION:
Article 1
1. The Community shall carry out rehabilitation and reconstruction
operations in the developing countries referred to in paragraph 2 whichhave suffered serious damage through war, civil disorder or naturaldisaster with priority being given to the least developed among them.These operations, of limited duration and to be launched as quickly as
possible without compromising the quality of assessment, shall be
designed to help re-establish a working economy and the institutionalcapacities needed to restore social and political stability to the coun-1996R2258 — EN — 20.11.2003 — 001.001 — 2
(1) OJ No C 235, 9. 9. 1995, p. 11.
(2) Opinion of the European Parliament of 15 December 1995 (OJ No C 17, 22.
1. 1996, p. 448), common position of the Council of 29 January 1996 (OJ
No C 87, 27. 3. 1996, p. 29) and decision of the European Parliament of
21 May 1996 (OJ No C 166, 10. 6. 1996, p. 33).
(3) OJ No C 329, 6. 12. 1993, p. 77.
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tries concerned and meet the needs of the people affected as a whole.
The operations must progressively take over from humanitarian actionand pave the way for the resumption of medium-term and long-term
development aid. They must in particular permit refugees, displaced
persons and demobilized troops to return home and must help the entirepopulation to resume normal civilian life in their countries and regionsof origin.
2. The countries to benefit from this Regulation shall be the African,
Caribbean and Pacific countries, the Mediterranean countries, the coun-tries of Latin America and Asia and the developing countries of theCaucasus and Central Asia.
Article 2
1. When operations are decided upon, account should be taken
wherever possible of the existence of a minimal level of security and
a real commitment to a transition process respecting democratic values
and fundamental freedoms.
2. The priorities for operations under this Regulation shall be: the
relaunch of production on a lasting basis, the physical and operational
rehabilitation of basic infrastructure, including mine clearance, social
reintegration, in particular of refugees, displaced persons and demobi-lized troops, and the restoration of the institutional capacities needed inthe rehabilitationperiod, especially at local level.
Article 3
The cooperation partners eligible for financial support under this Regu-
lation shall be regional and international organizations, non-governmental organizations, national, provincial and local government
departments and agencies, community-based organizations, institutes
and public and private operators.
Article 4
1. The instruments to be employed in the course of the operations
referred to in Article 1 shall include studies, technical assistance,training or other services, supplies and works, along with audits andevaluation and monitoring missions.
2. Community financing may cover both investment, with the excep-
tion of the purchase of buildings, and recurring costs (includingadministrative, maintenance and operational costs), taking account ofthe fact that the project must aim to have the recurring costs takenover by the beneficiaries.
3. A financial contribution from the partners defined in Article 3
shall be sought for each cooperation operation. The contributionrequested shall be within the means of the partners concerned and shalldepend on the nature of the operation. In specific cases where the
partner is an NGO or a community-based organization, a contribution
inkin d may be made.
4. Opportunities may be sought for cofinancing with other providers
of funds, especially with Member States.
5. The necessary measures shall be taken to emphasize the Commu-
nity character of the aid provided under this Regulation.
6. In order to achieve the objectives of coherence and complemen-
tarity referred to in the Treaty and with the aim of guaranteeingoptimal efficiency of the totality of these actions, the Commissionwill take all necessary coordination measures, notably:
(a) the establishment of a system for the systematic exchange and
analysis of information on actions financed or for which financingis foreseen by the Community and the Member States;
(b) on-the-spot coordination of these actions by means of regular meet-
ings and exchange of information between the representatives ofthe Commission and Member States in the beneficiary country.1996R2258 — EN — 20.11.2003 — 001.001 — 3
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7. The Commission, in conjunction with the Member States, may
take any initiatives necessary for ensuring good coordination with theother providers of funds, in particular those forming part of the United
Nations system.
Article 5
Financial support under this Regulation shall be in the form of grants.
Article 6
1. The Commission shall appraise, decide and administer operations
covered by this Regulation according to the budgetary and other proce-dures in force, and in particular those laid down in the FinancialRegulationapplicable to the gen eral budget of the EuropeanCommu-
nities.
2. Project and programme appraisal shall take into account the
following factors:
— effectiveness and viability of operations,
— cultural, social, gender and environmental aspects,
— institutional development necessary to achieve project goals,
— experience gained from operations of the same kind.
3. Decisions relating to grants of more than ECU 2 million for indi-
vidual operations financed under this Regulation shall be taken underthe procedure laid downinArticle 7.
The Commissionshall in form the Committee referred to inArticle 7
succinctly of any financing decisions it intends to take with regard to
projects and programmes of less than ECU 2 million in value. The
information shall be made available not later than one week beforethe decisionis taken .
4. The Commissionis authorized to approve, without seekin g the
opinion of the Committee referred to in Article 7, any extra commit-ments needed for covering expected or real cost overruns inconnection with the operations, provided that the overrun or additional
requirement is less than or equal to 20 % of the initial commitment
fixed by the financing decision.
Where the additional commitment referred to in the previous subpara-
graph is less thanECU 4 million , the Committee referred to inArticle7 shall be informed of the decision taken by the Commission. Wherethe said additional commitment is more than ECU 4 million but lessthan20 %, the Committee's opin ionshall be sought.
5. All financing agreements or contracts concluded under this Regu-
lationshall provide for the Commissionan d 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 particularthose of the Financial Regulation applicable to the general budget ofthe EuropeanCommun ities.
6. Where operations are the subject of financing agreements
between the Community and the host countries, such agreements shallstipulate that the payment of taxes, duties or any other 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 of the recipient country. It may be extended toother developing countries and, in exceptional cases which are fullyjustified, to third countries.
8. Supplies shall originate in the Member States, the recipient
country or other developing countries. In exceptional cases, wherecircumstances warrant, supplies may originate elsewhere.1996R2258 — EN — 20.11.2003 — 001.001 — 4
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Article 7
1. The Commissionshall be assisted by the relevan t geographical
committee, hereinafter referred to as ‘the Committee’.
2. Where reference is made to this Article, Articles 5 and 7 of Deci-
sion1999/468/EC (1) shall apply, having regard to the provisions of
Article 8 thereof.
The period laid downinArticle 5(6) of Decision1999/468/EC shall be
one month.
3. The Committee shall adopt its rules of procedure.
Article 8
An exchange of views shall take place, once a year, on the basis of a
presentation by the Commission's representative of the general guide-lines for the operations to be carried out in the year ahead, in the
framework of a joint meeting of the committees referred to in Article
7 (1).
Article 9
After each budget year, the Commissionshall report to the European
Parliament and the Council, summarizing the operations financed inthe course of that year and evaluating the implementation of this Regu-lationinthat period.
The summary shall in particular contain information about those with
whom contracts have been concluded.
The report shall also include a summary of the conclusions of any
independent evaluations of specific operations.
The Commission shall inform the Member States, at the latest one
month after its decision, of the operations and projects that have been
approved, and shall indicate their amounts, character, recipient countryand partners.
Article 10
The Commission shall regularly assess operations financed by the
Community in order to establish whether the objectives of the opera-tions have been achieved and to provide guidelines for improving theeffectiveness of future operations. The Commission shall submit to the
Committee referred to inArticle 7 a summary of the assessmen ts made,
which the latter may, if necessary, examine. Assessment reports shallbe made available to any Member States requesting them.
Article 11
This Regulation shall enter into force on the third day following that of
its publicationinthe Official Journal of the European Communities .
Three years after this Regulation enters into force, the Commission
shall submit to the European Parliament and the Council an overallassessment of operations financed by the Community under this Regu-
lation, together with suggestions regarding the future of this Regulation
and, where necessary, proposals for amending it.
This Regulation shall be binding in its entirety and directly applicable
inall Member States.1996R2258 — EN — 20.11.2003 — 001.001 — 5
(1) Council Decision 1999/468/EC of 28 June 1999 laying down the procedures
for the exercise of implementing powers conferred on the Commission (OJ
L 184, 17.7.1999, p. 23).▼B