2001R2500 — EN — 30.04.2004 — 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)No2500/2001
of17December 2001
concerning pre-accession financial assistance for Turkey and amending Regulations (EEC) No
3906/89,(EC)No1267/1999,(EC)No1268/1999and(EC)No555/2000
(OJ L 342, 27.12.2001, p. 1)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 769/2004 of 21 April 2004 L 123 1 27.4.2004
Corrected by:
►C1Corrigendum, OJ L 285, 23.10.2002, p. 26 (2500/2001)
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COUNCILREGULATION(EC)No2500/2001
of17December 2001
concerning pre-accession financial assistance for Turkey and
amending Regulations (EEC) No 3906/89, (EC) No 1267/1999,
(EC)No1268/1999and(EC)No555/2000
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 (1),
Having regard to the Opinion of the European Parliament (2),
Whereas:
(1)The conditions to be fulfilled by the candidate countries wishing
to join the European Union were set out at the Copenhagen
European Council of June 1993.
(2)The Helsinki European Council of December 1999 stated that
Turkey is a candidate country destined to join the Union on thebasis of the same criteria applied to the other candidate countries
and that, building on the existing European Strategy, Turkey,
like other candidate countries, will benefit from a pre-accessionstrategy to stimulate and support its reforms.
(3)The Nice European Council of December 2000 welcomed the
progress made in the implementation of the pre-accession
strategy for Turkey.
(4)As Turkey does not yet fulfil the political criteria of Copen-
hagen, the Community has called on it to improve and promote
its democratic practices and respect for fundamental humanrights and more closely to involve civil society in that process.
(5)The cornerstone of the pre-accession strategy is the Accession
Partnership, drawn up on the basis of previous European Council
conclusions while containing priorities on which accessionpreparation are to concentrate in the light of the political andeconomic criteria and the obligations of a Member State.
(6)For Turkey, the legal basis for the establishment of the Acces-sion Partnership and the single framework for coordinating allsources of pre-accession financial assistance are provided inCouncil Regulation (EC) No 390/2001 of 26 February 2001 onassistance to Turkey in the framework of the pre-accession
strategy, and in particular on the establishment of an Accession
Partnership (
3).
(7)The principles, priorities, intermediate objectives and conditionsfor the Accession Partnership with Turkey are contained in Deci-
sion 2001/235/EC (
4). As is the case for the other candidate
countries, assistance for Turkey from the European Union is tobe focused on the priorities arising from the Accession Partner-ship.
(8)It is appropriate that Community assistance be applied mainlythrough institution-building and investments to promote compli-ance withth e Community acquis.
(9)The Community should undertake specific actions to promotethe development of civil society in Turkey.
(10)Cross-border cooperation, particularly in the context of theborders between Turkey and the European Union, between2001R2500 — EN — 30.04.2004 — 001.001 — 2
(1) OJ C 240 E, 28.8.2001, p. 115.
(2) Opinion delivered on 25 October 2001 (not yet published in the Official
Journal).
(3) OJ L 58, 28.2.2001, p. 1.
(4) OJ L 85, 24.3.2001, p. 13.
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Turkey and other candidate countries and between Turkey and
other countries in the region, is also to be the subject of specificactions.
(11)The Commission should ensure that the pre-accession assistanceis coordinated withth e Member States' bilateral assistance and
with funding from the European Investment Bank (EIB), other
financial instruments for cross-border cooperation (PHARE,MEDA, TACIS, CARDS, Interreg) and other institutional finan-cial institutions.
(12)The Community should co-finance Turkish participation inCommunity programmes and agencies.
(13)Community assistance should be subject to compliance with theundertakings contained in the EC-Turkey Agreements and theconditions laid down in Regulation (EC) No 390/2001, Decision2001/235/EC and this Regulation.
(14)The Commission should implement the assistance in accordancewithth e Financial Regulation of 21 December 1977 applicableto the general budget of the European Communities (
1).
(15)The measures necessary for the implementation of this Regula-tion should be adopted in accordance with Council Decision1999/468/EC of 28 June 1999 laying down the procedures for
the exercise of implementing powers conferred on the Commis-
sion(
2).
(16)Participation in tenders should be open, as well as to natural and
legal persons from the Member States and Turkey, to natural and
legal persons from the other candidate countries and from coun-tries benefiting from the financial and technical measures toaccompany (MEDA) the reform of economic and social struc-tures in the framework of the Euro-Mediterranean
partnership (
3) and from the assistance for Albania, Bosnia and
Herzegovina, Croatia, the Federal Republic of Yugoslavia andthe former Yugoslav Republic of Macedonia (CARDS)(
4). Such
participation should also be open, where specific types of exper-tise are required, to natural and legal persons from the countriesof eastern Europe and central Asia under the provision of assis-
tance to the partner States in eastern Europe and central Asia (
5).
For reasons of symmetry, similar provisions should be intro-duced in the assistance programmes for the other candidatecountries.
(17)Management of pre-accession assistance should gradually bedecentralised to Turkey, taking account of its management andfinancial control capacities, provided that ex post control of
assistance is carried out and the Turkish authorities undertake
to carry out the same controls and apply the same guarantees as
those laid down in the relevant Community rules.
(18)Annual reports on the implementation of the assistance
programme should be established and an evaluation report
submitted.
(19)In the financial perspective 2000-2006, the pre-accession finan-cial assistance was doubled for the candidate countries. In thelight of the Helsinki European Council, subject to the normalbudgetary procedures the aim should be that this principle beapplied for Turkey and continue to apply during the remainingperiod of the current financial perspective.2001R2500 — EN — 30.04.2004 — 001.001 — 3
(1) OJ L 356, 31.12.1977, p. 1. Regulation as last amended by Regulation (EC)
No 762/2001 (OJ L 111, 20.4.2001, p. 1).
(2) OJ L 184, 17.7.1999, p. 23.
(3) Regulation (EC) No 1488/96 (OJ L 189, 30.7.1996, p. 1). Regulation as last
amended by Regulation (EC) No 2698/2000 (OJ L 311, 12.12.2000, p. 1).
(4) Regulation (EC) No 2666/2000 (OJ L 306, 7.12.2000, p. 1).
(5) Regulation (EC, Euratom) No 99/2000 (OJ L 12, 18.1.2000, p. 1).
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(20)The Treaty does not provide for powers, other than those of
Article 308, for the adoption of this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The Community shall provide pre-accession financial assistance to
Turkey to support the priorities defined in the Accession Partnershipfor Turkey.
Article 2
The assistance:
— shall be in the form of grants,
— shall be implemented by financing programmes or projects aimed at
the fulfilment of the accession criteria and in accordance with theprogramming and implementation principles set out in guidelinesto be adopted by the Commission in accordance with the procedure
referred to in Article 10(2),
— may take the form of services, supplies and works,— in the case of investment, may not cover the purchase of either land
or buildings.
Article 3
The beneficiaries of this assistance may include not only the Turkish
State but also provincial and local authorities, business support organi-sations and agencies, cooperatives and civil society, in particularorganisations representing the social partners, associations, foundations,
non-profit-making organisations and non-governmental organisations.
Article 4
1. A financial contribution to eachprogramme or project may be
required from the recipients of the assistance. The contribution shalldepend on the nature of the programme or project. In exceptionalcases, for programmes or projects aimed at the promotion of civil
society development, the contribution may be in kind.
2. Assistance shall cover expenditure relating to programming
support, communication and information activities and the monitoring,inspection, audit and evaluation of programmes and projects.
3. The Commission shall adopt detailed provisions on information
and publicity so as to ensure that Community funding for measures
financed by this Regulation enjoys a high profile.
4. The assistance may be either independent or in the form of co-
financing with the Member States, the European Investment Bank,third countries or multilateral bodies.
5. Opportunities may be sought for co-financing with other donors,
particularly Member States.
6. The Community may contribute to the costs related to the
management structures of the assistance.
7. The Commission, in cooperation with the Member States, shall
ensure sound coordination with the other providers of funds concerned,in particular the EIB.2001R2500 — EN — 30.04.2004 — 001.001 — 4
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Article 5
Financing of the programmes and projects shall be subject to compli-
ance with the commitments contained in the EC-Turkey AssociationAgreement, Decision No 1/95 of the EC-Turkey Association Council
of 22 December 1995 on implementing the final phase of the Customs
Union (
1) and all other related agreements and decisions, and the condi-
tions laid down in Article 4 of Regulation (EC) No 390/2001, in theAccession Partnership with Turkey and in this Regulation.
Article 6
1. The Commission shall implement the Community assistance in
accordance with the rules of transparency and the Financial Regulation,in particular Article 114 thereof.
2. Prior appraisal of programmes and projects shall take account,
inter alia , of the following factors:
(a) their effectiveness and prompt viability;
(b) cultural, social and gender aspects;
(c) conservation and protection of the environment on the basis of the
principles of sustainable development;
(d) institutional development necessary to achieve programme and
project goals;
(e) experience gained from programmes and projects of the same kind.
Article 7
1. Project selection, tendering and contracting by Turkey shall be
subject to ex anteapproval by the Commission.
2. The Commission may, however, decide, on the basis of a case-
by-case analysis of national and sectoral programme/project manage-
ment capacity, financial control procedures and structures regardingpublic finance, to waive the ex anteapproval requirement referred to
in paragraph1 and confer on implementing agencies in Turkeymanagement of assistance on a decentralised basis. Sucha waiver sh allbe subject to:
(a) the minimum criteria for assessing the ability of implementing
agencies in Turkey to manage assistance and the minimum condi-
tions applicable to suchagencies set out in th e Annex;
(b) specific provisions concerning, inter alia, invitations to tender,
scrutiny and evaluation of tenders, the award of contracts and theimplementation of Community public procurement directives, tobe laid down in financing agreements withTurkey.
Article 8
1. Assistance of more than EUR 2 000000 shall be made available
through financing decisions taken by the Commission in accordancewith the procedure referred to in Article 10(2). For that purpose, the
Commission shall submit to the Committee referred to in Article 10, a
financing proposal describing the programmes and/or projects to beimplemented.
The Commission shall inform the Committee referred to in Article 10,
at least one week beforehand, of any financing decisions it intends totake regarding programmes and projects of less than EUR 2 000000.
2. The Commission may approve, without seeking the opinion of the
Committee referred to in Article 10, additional grants needed to cover
expected or actual overruns on the programmes or projects, provided
that the overrun is not more than 20 % of the initial grant set in thefinancing decision.2001R2500 — EN — 30.04.2004 — 001.001 — 5
(1) OJ L 35, 13.2.1996, p. 1. Decision as amended by Decision No 2/1999 of
the EC-Turkey Association Council (OJ L 72, 18.3.1999, p. 36).
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3. All financing agreements or contracts concluded under this Regu-
lation shall provide for the Commission and the Court of Auditors toconduct on-the-spot checks in accordance with the procedures laid
down by the Commission under the rules in force, and in particular
those of the Financial Regulation.
4. In order to ensure effective protection of the Community's finan-
cial interests, the Commission may undertake on-the-spot checks andinspections in accordance withCouncil Regulation (Euratom, EC) No
2185/96 of 11 November 1996 concerning on-the-spot checks and
inspections carried out by the Commission to protect the EuropeanCommunities' financial interests against fraud and other irregulari-ties (
1).
5. Article 15(3) of Commission Regulation (EC) No 2222/2000 of 7
June 2000 laying down financial rules for the application of Council
Regulation (EC) No 1268/1999 on Community support for pre-acces-
sion measures for agriculture and rural development in the applicantcountries of central and eastern Europe in the pre-accession period (
2)
shall apply, including the communication of individual cases of irregu-larity and the establishment of a system for the management ofinformation in this field.
6. Where programmes and projects are the subject of financing
agreements between the Community and Turkey, such agreements shallstipulate that the payment of taxes, duties or any other charges is not tobe covered by the assistance.
7. Participation in invitations to tender and contracts shall be open
on equal terms to all natural and legal persons from the Member Statescoming within the scope of the Treaties, from candidate countries foraccession to the European Union and countries benefiting from assis-tance in accordance withCouncil Regulation (EC) No 1488/96 of 23
July 1996 on financial and technical measures to accompany (MEDA)
the reform of economic and social structures in the framework of theEuro-Mediterranean partnership (
3) and in accordance withCouncil
Regulation (EC) No 2666/2000 of 5 December 2000 on assistance forAlbania, Bosnia and Herzegovina, Croatia, the Federal Republic ofYugoslavia and the former Yugoslav Republic of Macedonia (
4). The
contracting authority may, in duly substantiated cases and on a case-
by-case basis, authorise the participation of natural and legal personsfrom third countries in invitations to tender and contracts.
Supplies shall, within the scope of the Treaties, originate in the
Member States, in candidate countries for accession to the EuropeanUnion or in countries benefiting from assistance pursuant to Regulation
(EC) No 1488/96 and pursuant to Regulation (EC) No 2666/2000. In
duly substantiated cases and on a case-by-case basis, the contractingauthority may give derogation from this requirement.
Article 9
The annual appropriations shall be authorised by the budgetary
authority within the limits of the financial perspective.2001R2500 — EN — 30.04.2004 — 001.001 — 6
(1) OJ L 292, 15.11.1996, p. 2.
(2) OJ L 253, 7.10.2000, p. 5.
(3) OJ L 189, 30.7.1996, p. 1. Regulation as last amended by Regulation (EC)
No 2698/2000 (OJ L 311, 12.12.2000, p. 1).
(4) OJ L 306, 7.12.2000, p. 1. Regulation as amended by Regulation (EC) No
2415/2001 (OJ L 327, 13.12.2001, p. 3).▼M1
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Article 10
1. The Commission shall be assisted by the Committee provided for
in Article 9(1) of Council Regulation (EEC) No 3906/89 of 18
December 1989 on economic aid to certain countries of central andeastern Europe (
1).
2. Where reference is made to this paragraph, Articles 4 and 7 of
Decision 1999/468/EC shall apply.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be
set at three months.
3. The Committee shall adopt its rules of procedure.
Article 11
Each year, the Commission shall submit to the European Parliament,
the Council and the Economic and Social Committee a report on theimplementation of the assistance. The report shall contain informationon the programmes and projects financed during the year and the
programming for the following financial year, as well as information
on the results of monitoring and evaluation, accompanied if necessaryby proposals for changes in the management of the assistance, toensure maximum efficiency. This information could be included in thereport to which reference is made in Article 10 of Regulation (EEC)No 3906/89. The report shall be submitted not later than 30 September
of the following year.
Article 12
1. Regulation (EC) No 3906/89 is hereby amended as follows:
— the words ‘and Turkey, Cyprus and Malta’ shall be added at the end
of Article 7(1).
2. Council Regulation (EC) No 555/2000 of 13 March2000 on th e
implementation of operations in the framework of the pre-accession
strategy for the Republic of Cyprus and the Republic of Malta (
2)i s
hereby amended as follows:
— the words ‘and other candidate countries for accession to the
European Union’ shall be added at the end of Article 7(9);
— the words ‘or any other candidate country for accession to the
European Union’ shall be added at the end of Article 7(10).
3. The following paragraph shall be added to Article 7 of Council
Regulation (EC) No 1267/1999 of 21 June 1999 establishing an instru-
ment for structural policies for pre-accession (3):
‘8. Natural and legal persons from Cyprus, Malta and Turkey may
participate in invitations to tender and contracts on the same termsthat apply to all natural and legal persons from the Member States
and the beneficiary countries.’
4. The following paragraph shall be added to Article 3 of Council
Regulation (EC) No 1268/1999 of 21 June 1999 on Community supportfor pre-accession measures for agriculture and rural development in theapplicant countries in central and eastern Europe in the pre-accession
period (
4):
‘3. Natural and legal persons from Cyprus, Malta and Turkey may
participate in invitations to tender and contracts on the same termsthat apply to all natural and legal persons from the Member Statesand the beneficiary countries.’2001R2500 — EN — 30.04.2004 — 001.001 — 7
(1) OJ L 375, 23.12.1989, p. 11. Regulation as last amended by Regulation
(EC) No 2666/2000.
(2) OJ L 68, 16.3.2000, p. 3.
(3) OJ L 161, 26.6.1999, p. 73.
(4) OJ L 161, 26.6.1999, p. 87.
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Article 13
The Council shall review this Regulation before 1 January 2006. To
that end, the Commission shall submit to the Council before 1 July
2005 an evaluation report on the Regulation and, as appropriate, a
proposal to amend it.
Article 14
This Regulation shall enter into force on the third day following that of
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.2001R2500 — EN — 30.04.2004 — 001.001 — 8
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ANNEX
MINIMUM CRITERIA AND CONDITIONS FOR DECENTRALISING
MANAGEMENT TO IMPLEMENTING AGENCIES IN TURKEY
(ARTICLE7)
1. Minimum criteria for assessing the ability of implementing agencies in
Turkey to manage assistance.
The following criteria shall be applied by the Commission in assessing which
implementing agencies in Turkey are able to manage assistance on a decen-
tralised basis:
(a) there should be a well-defined system for managing the funds with full
internal rules of procedure, clear institutional and personal responsibil-
ities;
(b) the principle of separation of powers must be respected so that there is
no risk of conflict of interest in procurement and payment;
(c) adequate personnel must be available and assigned to the task. Such
personnel must have suitable auditing skills and experience, language
skills and be fully trained in implementing Community programmes.
2. Minimum conditions for decentralising management to implementing agen-
cies in Turkey.
Decentralisation to Turkey with ex postcontrol by the Commission may be
considered for an implementing agency where the following conditions are
met:
(a) demonstration of effective internal controls including an independent
audit function and an effective accounting and financial reporting system
which meets internationally accepted audit standards;
(b) a recent financial and operational audit showing effective and timely
management of Community assistance or national measures of similar
nature;
(c) a reliable national financial control system over the implementing
agency;
(d) procurement rules which are endorsed by the Commission as meeting
requirements of Title IX of the Financial Regulation applicable to the
general budget of the European Communities;
(e) commitment by the National Authorising Officer to bear the full finan-
cial responsibility and liability for the funds.
This approach shall not prejudice the right of the Commission and the Court
of Auditors to check the expenditure.2001R2500 — EN — 30.04.2004 — 001.001 — 9