2000R2667 — EN — 12.12.2001 — 001.001 — 1
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►B COUNCIL REGULATION (EC)No 2667/2000
of 5 December 2000
on the European Agency for Reconstruction
(OJ L 306, 7.12.2000, p. 7)
Amended by:
Official Journal
Nopage date
►M1Council Regulation (EC) No 2415/2001 of 10 December 2001 L 327 3 12.12.2001
▼B
COUNCIL REGULATION (EC)No 2667/2000
of 5 December 2000
on the European Agency for Reconstruction
THE COUNCIL OF THE EUROPEAN UNION,
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:
(1)Assistance for Albania, Bosnia and Herzegovina, Croatia, the
Federal Republic of Yugoslavia and the former YugoslavRepublic of Macedonia has been implemented essentially underRegulation (EC) No 1628/96(
2) and under Council Regulation
(EC) No 3906/89 of 18 December 1989 on economic aid to
certain countries of Central and Eastern Europe(3).
(2)Regulation (EC) No 1628/96, established the European Agency
for Reconstruction.
(3)The Council adopted Regulation (EC) No 2666/2000(4), which
lays down a single legal framework for Community assistance tothose countries and repeals Regulation (EC) No 1628/96.
(4)The provisions governing the establishment and operation of theEuropean Agency for Reconstruction should therefore be adaptedto Regulation (EC) No 2666/2000 and incorporated in a newRegulation, and the appropriate changes made at the same time.
(5)The Feira European Council of 19 and 20 June 2000 emphasisedthat the European Agency for Reconstruction, as an authorityimplementing the future CARDS programme, should be allowedto use its full potential in order to achieve the goals set by theCologne European Council of 3 and 4 June 1999.
(6)The Treaty does not provide, for the adoption of this Regulation,powers other than those under Article 308,
HAS ADOPTED THIS REGULATION:
Article 1
1. The Commission may delegate the following tasks to an Agency:
(i) implementation of Community assistance provided for in Article 1
of the Regulation (EC) No 2666/2000 to the Federal Republic ofYugoslavia and the Former Yugoslav Republic of Macedonia;
(ii) implementation of Community assistance decided by the Commis-
sion on the basis of other available instruments for the countriesconcerned. In such cases this shall be done in accordance with theprovisions of the relevant Regulations and Article 2(1)(b) and (c),Article 2(2), (3) and (4), Article 4 and Article 5(1)(a) to(c) and (h)
of this Regulation shall not apply.
2. The European Agency for Reconstruction, hereinafter referred to
as the ‘Agency’, shall be set up tothat end with the aim o f implementingthe Community assistance referred to in paragraph 1.2000R2667 — EN — 12.12.2001 — 001.001 — 2
(1) Opinion delivered 15.11.2000 (Not yet published in the Official Journal).
(2) OJ L 204, 14.8.1996, p. 1. Regulation as amended by Regulation (EC) No
2454/1999 (OJ L 299, 20.11.1999, p. 1).
(3) OJ L 375, 23.12.1989, P. 11. Regulation as last amended by Regulation (EC)
No1266/1999 (OJ L 161, 26.6.1999, p. 68).
(4) See page 1 of this Official Journal.▼M1
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Article 2
1. To achieve the objective laid down in the second subparagraph of
Article 1, the Agency shall carry out the following tasks, within thelimits of its powers and in accordance with the decisions taken by theCommission:
(a) gathering, analysing and communicating information to the
Commission on:
(i) damage, the requirements for reconstruction and the return of
refugees and displaced persons, and related initiatives taken bygovernments, local or regional authorities and the internationalcommunity;
(ii) the urgent requirements of the communities concerned, taking
account of the various population displacements and the
possibilities for the return of those displaced;
(iii) the priority sectors and geographical areas requiring urgent
assistance from the international community;
(b) preparing draft programmes for the reconstruction of the
►
M1Federal Republic of Yugoslavia and of the Former Yugoslav
Republic of Macedonia ◄and the return of refugees and displaced
persons in accordance with guidelines provided by the Commission;
(c) implementing the Community assistance referred to in Article 1,
wherever possible in cooperation with the local population andwhere necessary by drawing on the services of operators selected bytender. The Commission may accordingly make the Agencyresponsible for all operations required to implement the programmesreferred toin (b), including:
(i) drawing up terms of reference;
(ii) preparing and evaluating invitations to tender;
(iii) signing contracts;
(iv) concluding financing agreements;
(v) awarding contracts, in accordance with the provisions of this
Regulation;
(vi) evaluating draft programmes referred to in (b);
(vii) checking implementation of the draft programmes referred to
in (b);
(viii) effecting payments.
2. The Board of Management referred to in Article 4 shall be kept
informed on the implementation of the tasks listed in paragraph 1. Itshall where necessary adopt recommendations which shall be commu-nicated to the Commission and brought to the attention of the CARDS
Committee set up by Article 10 of Regulation (EC) No 2666/2000.
3. Without prejudice to any operations cofinanced in the framework
of the responsibilities entrusted to the Agency under Article 1, the
Agency may implement reconstruction programmes, programmes for the
restoration of civil society and the rule of law and programmesproviding aid for the return of refugees and displaced persons which theMember States and other donors entrust to it, inter alia under the
arrangements for cooperation established by the Commission with theWorld Bank, international financial institutions and the European
Investment Bank (EIB).
Such implementation shall be subject to the following conditions:
(a) the financing must be provided in full by the other donors;
(b) the financing must cover any associated administrative costs;
(c) the duration thereof must be compatible with the deadline for
winding up the Agency set in Article 14.2000R2667 — EN — 12.12.2001 — 001.001 — 3
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4. The Commission may also entrust the Agency with following up
(including monitoring, evaluation and auditing) decisions regardingsupport for the United Nations Interim Mission in Kosovo (UNMIK)
taken within the framework of Regulation (EC) No 1080/2000(
1).
Article 3
The Agency shall have legal personality. It shall enjoy in each of the
Member States the most extensive legal capacity accorded to legalpersons under their laws. It may, in particular, acquire or dispose ofmovable and immovable property and be a party to legal proceedings.The Agency shall be non-profit-making.
The Agency may establish operational centres with a considerable
degree of management autonomy.
The Agency's general services shall be located at its seat in Thessaloniki.
Article 4
1. The Agency shall have a Governing Board composed of one
representative from each Member State and two representatives of theCommission.
2. The Member State representatives shall be appointed by the
Member State concerned, paying due regard to experience and
qualifications relevant to the Agency's activities.
3. The term of office of representatives shall be thirty months.
4. The Governing Board shall be chaired by a Commission
representative. The Chairman shall not vote.
5. The EIB shall appoint a non-voting observer.
6. The Governing Board shall adopt its rules of procedure.
7. The Commission and Member State representatives on the
Governing Board shall each have one vote.
Governing Board decisions shall be adopted by a two-thirds majority.
8. The Governing Board shall determine by unanimous decision the
rules governing the languages used by the Agency.
9. The Governing Board shall be convened by the Chairman
whenever necessary, and at least once every three months. It shallalso be convened at the request of the Agency's Director or at least asimple majority of its members.
10. The Governing Board shall be kept informed by the Director of
the strategy framework, the multiannual programme and the annualaction programme referred to in Article 3(1) of Regulation (EC) No2666/2000, which shall include Community assistance to the
►
M1Federal Republic of Yugoslavia and to the Former Yugoslav
Republic of Macedonia ◄as well as the list of projects to be
implemented.
11. The Director shall regularly report to the Governing Board on the
progress of implementation of projects. The Governing Board may then
approve recommendations concerning:
(a) conditions for implementation and proper execution of projects
(b) possible adjustments to projects currently being executed
(c) individual projects which may be particularly sensitive.
12. The Director shall regularly report to the Governing Board on the
functioning and activities of the operational centres set up in accordancewith Article 3. The Governing Board may approve recommendations tothis effect.2000R2667 — EN — 12.12.2001 — 001.001 — 4
(1) OJ L 122, 24.5.2000, p. 27.
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13. On a proposal from the Director, the Governing Board shall
decide on:
(a) arrangements for evaluating the implementation and proper execu-
tion of projects;
(b) proposals for programmes by the other donors referred to in Article
2(3) for possible implementation by the Agency;
(c) setting the multiannual contractual framework with the provisional
authority responsible for the administration of Kosovo, forimplementation of the Community assistance referred to in Article
1(3) of Regulation (EC) No 2666/2000;
(d) whether representatives of the countries and organisations delegating
implementation of their programmes to the Agency should be
present as observers on the Governing Board;
(e) the establishment of new operational centres in accordance with the
second subparagraph of Article 3.
14. The Governing Board shall present a draft annual report to the
Commission by 31 March each year at the latest on the Agency'sactivities in the previous year and how they were financed.
The Commission shall adopt the annual report and submit it to the
European Parliament and the Council.
Article 5
1. The Director of the Agency shall be appointed by the Governing
Board on a proposal from the Commission for a term of office of thirtymonths. The term of office may be terminated by the same procedure.
The Director shall be responsible for:
(a) preparing the draft annual action programme referred to in Article
4(1)(b) of Regulation (EC) No 2666/2000 and its implementation;
(b) preparation and organisation of the work of the Governing Board
and regularly informing the Board;
(c) informing the Governing Board of invitations to tender, procurement
and contracts;
(d) day-to-day administration of the Agency;
(e) preparation of the statement of revenue and expenditure and
execution of the Agency's budget;
(f) preparation and publication of the reports specified in this
Regulation;
(g) all staff matters;
(h) implementation of the Governing Board's decisions and guidelines
laid down for the Agency's activities.
2. The Director shall be accountable to the Governing Board for his
activities and shall attend its meetings.
3. The Director shall be the legal representative of the Agency.4. The Director shall hold the power of Appointing Authority.
5. The Director shall present a quarterly activity report to the
European Parliament.
Article 6
1. Estimates of all the Agency's revenue and expenditure shall be
prepared for each financial year, which shall correspond to the calendaryear, and shall be shown in the Agency's budget, which shall include an
establishment plan.
2. The revenue and expenditure shown in the Agency budget shall be
in balance.
3. The Agency's revenue shall comprise, without prejudice to other
types of income, a subsidy from the general budget of the European2000R2667 — EN — 12.12.2001 — 001.001 — 5
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Union, payments made as remuneration for services performed and
funding from other sources.
4. The budget shall alsoinclude details o f any funds made available
by the recipient countries themselves for projects receiving financialassistance from the Agency.
Article 7
1. The Director shall establish each year a draft budget for the
Agency covering administrative expenditure and operational expenditure
for the following financial year, and shall submit it to the GoverningBoard.
2. On this basis, the Governing Board shall adopt a draft budget for
the Agency by 15 February of each year at the latest, and shall submit it
to the Commission.
3. The Commission shall assess the draft budget of the Agency
having regard to the priorities it has established and the overall financialguidelines for Community assistance for the reconstruction of the
►
M1Federal Republic of Yugoslavia and of the Former Yugoslav
Republic of Macedonia ◄.
It shall establish, on this basis and within the proposed limits of the
overall amount to be made available for Community assistance to the►
M1Federal Republic of Yugoslavia and to the Former Yugoslav
Republic of Macedonia ◄, the indicative annual contribution to the
Agency budget tobe included in the preliminary draft general budget o fthe European Union.
4. The Governing Board, after receiving the opinion of the
Commission, shall adopt the budget of the Agency at the beginning of
each financial year, adjusting it to the various contributions granted to
the Agency and to funds from other sources. The budget shall alsospecify the number, grade and category of staff employed by the Agencyduring the financial year in question.
5. For reasons of budgetary transparency, funds from sources other
than the Community budget shall be entered separately in the Agency'srevenue. In the expenditure section, administrative and staff costs shallbe clearly separated from the operational costs of the programmesreferred toin the first subparagraph o f Article 2(3).
Article 8
1. The Director shall implement the budget of the Agency.
2. The competent departments of the Commission shall be respon-
sible for financial checks.
3. By 31 March each year at the latest, the Director shall submit to
the Commission, the Governing Board and the Court of Auditors thedetailed accounts of all revenue and expenditure from the previousfinancial year.
The Court of Auditors shall examine the accounts in accordance with
Article 248 of the Treaty. It shall publish a report on the Agency's
activities every year.
4. On a recommendation from the Council, the European Parliament
shall give a discharge to the Director in respect of the implementation ofthe Agency's budget.2000R2667 — EN — 12.12.2001 — 001.001 — 6
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Article 9
The Governing Board, having received the agreement of the Commis-
sion and the opinion of the Court of Auditors, shall adopt the Agency'sFinancial Regulation, specifying in particular the procedure to be usedfor drawing up and implementing the Agency's budget, in accordancewith Article 142 of the Financial Regulation of the Council of 21
December 1977 applicable to the general budget of the European
Communities(
1).
Article 10
The Agency's staff shall be subject tothe rules and regulatio ns
applicable to officials and other servants of the European Communities.The Governing Board, in agreement with the Commission, shall adoptthe necessary implementing rules.
The Agency's staff shall consist of a strictly limited number of officials
assigned or seconded by the Commission or Member States to carry outmanagement duties. The remaining staff shall consist of other employeesrecruited by the Agency for a period strictly limited to its requirements.
Article 11
The translation services necessary for the operation of the Agency shall,
as a rule, be provided by the Translation Centre of the bodies of the
European Union.
Article 12
The Governing Board shall decide on the Agency's accession to the
Interinstitutional Agreement on internal investigations by the European
Anti-Fraud Office (OLAF). It shall adopt the provisions necessary forthe conduct of internal investigations by OLAF.
Financing decisions and any implementing instrument or contract arising
therefrom shall expressly provide that the Court of Auditors and OLAF
may, if necessary, carry out on-the-spot checks on recipients of Agencyfunds and on the intermediaries distributing them.
Article 13
1. The contractual liability of the Agency shall be governed by the
law applicable to the contract in question.
2. In the case of non-contractual liability, the Agency shall, in
accordance with the general principles common to laws of the MemberStates, make good any damage caused by the Agency or its servants inthe performance of their duties.
The Court of Justice shall have jurisdiction in disputes relating to
compensation for any such damage.
3. The personal liability of servants towards the Agency shall be
governed by the relevant provisions applying to the staff of the Agency.
Article 14
Once the Commission considers that the Agency has fulfilled the
mandate described in Article 1, it shall submit to the Council a proposal
for the winding up of the Agency. In any event, on 30 June 2004 at thelatest, the Commission shall submit to the Council an evaluation reporton the application of this Regulation and a proposal on the status of theAgency.
Article 15
The Commission may delegate to the Agency the execution of the
Community assistance decided upon for the ►
M1Federal Republic of2000R2667 — EN — 12.12.2001 — 001.001 — 7
(1) OJ L 356, 31.12.1977, p. 1.
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Yugoslavia and for the Former Yugoslav Republic of Macedonia ◄
under Regulation (EC) No 1628/96.
Article 16
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities .
It shall apply until 31 December 2004.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.2000R2667 — EN — 12.12.2001 — 001.001 — 8