1994R1734 — EN — 17.04.2004 — 004.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B ►M2 COUNCILREGULATION(EC)No1734/94
of11July1994
onfinancialandtechnical cooperationwiththeWestBankandtheGazaStrip ◄
(OJ L 182, 16.7.1994, p. 4)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 2824/98 of 21 December 1998 L 351 13 29.12.1998
►M2Council Regulation (EC) No 2840/98 of 21 December 1998 L 354 14 30.12.1998
►M3Regulation (EC) No 1882/2003 of the European Parliament and of the
Council of 29 September 2003L 284 1 31.10.2003
►M4Regulation (EC) No 669/2004 of the European Parliament and of the
Council of 31 March 2004L 105 1 14.4.2004
▼B
COUNCILREGULATION(EC)No1734/94
of11July1994
onfinancialandtechnicalcooperationwiththeWestBankandthe
GazaStrip
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, andin particular Article 130w thereof,
Having regard to the proposal from the Commission,Acting in accordance with the procedure referred to in Article 189c of
the Treaty (
1),
Whereas, having regard to the greater requirements that will be gener-
ated in the territoriesof the Wes t Bank of the Jordan and the Gaza
Strip, hereinafter referred to asthe ‘Occupied Territories ’, asa res ultof recent developments in the Middle East peace process, newmeasures in the form of economic and social cooperation should beimplemented in the said Territories in order to foster sustainableeconomic and social development, taking account of the experience
acquired by the Community asa major provider of aid to the Pales ti-
nian people;
Whereasto thisend there s hould be a five-year programme (1994 to
1998); whereasthisprogramme s hould be implemented with financingfrom the Community budget in the form of grants;
Whereas it is necessary to lay down the detailed arrangements and
rulesfor adminis tering the operationsfinanced from the budget,
HAS ADOPTED THIS REGULATION:
Article 1
1. The Community shall implement financial and technical coopera-
tion with the West Bank and the Gaza Strip with the aim of aidingtheir achievement of sustainable economic, political and social devel-opment. If circumstances allow, implementation shall be based on
pluri-annual programmes.
2. The Commission shall provide a report reviewing this Regulation
by 31 December 2005 at the latest, taking into account recent develop-mentsin the area.
Article 2
1. The priority areasfor projectsand meas uresimplemented under
the programme referred to in Article 1 shall be:
infrastructure, production, urban and rural development, education,
health, the environment, services, foreign trade, the setting-up andimprovement of institutions necessary for the proper working of thepublic administration and the advancement of democracy and human
rights►
M2and the development of civil society ◄.
2. Community aid may be given for investment projects, feasibility
studies, technical assistance and training, and for temporary support forthe recurrent costs of the Palestinian public administration.1994R1734 — EN — 17.04.2004 — 004.001 — 2
(1) Opinion of the European Parliament of 11 February 1994 (OJ No C 61, 28.
2. 1994). Council common position of 4 March 1994 (OJ No C 137, 19. 5.
1994, p. 85) and Decision of the European Parliament of 4 May 1994 (not
yet published in the Official Journal).▼M2
▼B
▼M4
▼B
▼M1
▼M1
3. Community financing for projectsand operationscovered by this
Regulation shall be in the form of grants or interest rate subsidies onlending by the Bank out of its own resources. The subsidy rate shall
be 3 %.
The said projects and operations shall aim inter alia at the promotion
of employment and the creation of employment by improving the
social services and combating poverty.
3a. The beneficiaries of support measures may include not only
States and regions but also local authorities, regional organisations,public agencies, local or traditional communities, organisationssupporting business, private operators, cooperatives, mutual societies,associations, foundations and non-governmental organisations.
4. In order to ensure consistency of cooperation and to improve
complementarity between operations, Member States, the Commissionand the European Investment Bank, hereafter referred to as the ‘Bank’
shall exchange any relevant information on financing that they envi-
sage granting.
Possibilities for co-financing shall be sought when information is
exchanged.
5. Member States, the Commission and the Bank shall also commu-
nicate, within the framework of the Committee referred to in Article 5,information in their possession on other bilateral and multilateral aidfor►
M2the West Bank and the Gaza Strip ◄.
6. At least once a year, the Commission and the Bank shall send the
Member Statesthe information collected from the adminis tration of
►M2the West Bank and the Gaza Strip ◄concerning the sectors
and projectsalready known which could be s upported under thisRegu-lation.
7. Invitationsto tender and contract s hall be open on equal termsto
all natural and legal persons in the Member States and the Mediterra-nean partnersasdefined in Annex I to Council Regulation (EC) No1488/96 of 23 July 1996 on financial and technical measures to accom-
pany (MEDA) the reform of economic and social structures in the
framework of the Euro-Mediterranean partnership (
1).
Article 3
The aid referred to in thisRegulation may be combined with the Bank
financing from own resources and may be used for co-financing withMember States, non-member countries in the region, multilateral bodiesor►
M2the West Bank and the Gaza Strip ◄themselves. Wherever
possible, the Community nature of the aid shall be preserved.
Article 4
1. Financing decisions on projects and operations under this Regula-
tion exceeding ECU 2 000 000 other than those relating to interest-rate
subsidies on bank loans shall be adopted in accordance with the proce-dure laid down in Article 5.
2. Financing decisions on overall allocations for technical coopera-
tion, training and trade promotion shall be adopted in accordance with
the procedure laid down in Article 5. Within an overall allocation, the
Commission shall adopt financing decisions not exceedingECU 2 000 000.1994R1734 — EN — 17.04.2004 — 004.001 — 3
(1) OJ L 189, 30.7.1996, p. 1. Regulation aslas t amended by Regulation (EC)
No 2698/2000 (OJ L 311, 12.12.2000, p. 1).▼M2
▼M4
▼B
▼M4
▼B
▼M2
▼M2
The Committee referred to in Article 5 shall be informed systemati-
cally and promptly, and in any event before the next meeting, offinancing decisions for measures not involving more than
ECU 2 000 000.
3. Decisions amending financing decisions adopted in accordance
with the procedure laid down in Article 5 shall be taken by theCommission where they do not entail any substantial amendments oradditional commitmentsin exces sof 20 % of the original commitment.The Commission shall inform the Committee referred to in Article 5
immediately of any such decisions.
4. Financing decisions on interest rate subsidies shall be adopted in
accordance with the procedure laid down in Article 12 of Regulation(EC) No 1488/96 (
1).
5. Financing decisions and any financing agreements and contracts
resulting therefrom shall provide, inter alia , for supervision and finan-
cial control by the Commission (including the European Anti-Fraud
Office (OLAF)), including on-the-spot checks and inspections inconformity with Council Regulation (Euratom, EC) No 2185/96 (
2)
and auditsby the Court of Auditors , where appropriate, to be carriedout on the spot. Measures shall be taken in accordance with the proce-
dure set out in Article 5 in order to provide for adequate protection of
the European Communities' financial interests in conformity withCouncil Regulation (EC, Euratom) No 2988/95 (
3). Where necessary,
investigations shall be conducted by the OLAF and shall be governedby European Parliament and Council Regulation (EC) No 1073/1999 (
4).
Article 5
1. The Commission shall be assisted by the MED Committee set up
pursuant to Article 11 of Regulation (EEC) No 1488/96 (5).
2. Where reference ismade to thisArticle, Articles5 and 7 of Deci-
sion 1999/468/EC (6) shall apply, having regard to the provisions of
Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be
set at three months.
3. The Committee shall adopt its rules of procedure.
Article 6
1. The Commission shall examine the state of implementation of
cooperation under thisRegulation and s hall report annually in writing
to the European Parliament and the Council.
2. The Commission shall evaluate the main projects completed in
order to establish whether the objectives fixed during the appraisal ofthese projects have been achieved and to establish guidelines formaking future aid more effective. These evaluation reports shall besent to the Member States and to the European Parliament.1994R1734 — EN — 17.04.2004 — 004.001 — 4
(1) OJ L 189, 30.7.1996, p. 1. Regulation asamended by Regulation (EC)
No 780/98 (OJ L 113, 15.4.1998, p. 3).
(2) OJ L 292, 15.11.1996, p. 2.
(3) OJ L 312, 23.12.1995, p. 1.
(4) OJ L 136, 31.5.1999, p. 1.
(5) OJ L 189, 30.7.1996, p. 1.
(6) 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).▼M1
▼M4
▼M3
▼B
▼M2
▼B
▼B
Article 7
ThisRegulation s hall enter into force on the third day following its
publication in the Official Journal of the European Communities .
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.1994R1734 — EN — 17.04.2004 — 004.001 — 5