II
(Preparatory Acts)
COMMISSION
Amended proposal for a Council Regulation (EC) amending Regulation (EC) No 1628/96 relating to
aid for Bosnia and Herzogovina, Croatia, the Federal Republic of Jugoslavia and the formerYugoslav Republic of Macedonia, in particular through the setting-up of the European Agency
for Reconstruction (
1)
(2000/C 337 E/01)
COM(1999) 609 final /C151 1999/0132(CNS)
(Submitted by the Commission pursuant to Article 189a(2) of the EC Treaty on 12 January 2000)
(1) OJ C 21 E, 25.1.2000, p. 13.
INITIAL PROPOSAL AMENDED PROPOSAL
Recital7
Regulation (EC) No 1628/96 should be amended to take
account of the specific requirements for Kosovo’s recon-
struction, which will demand the rapid implementation ofnumerous small-scale projects, measures to support returningrefugees and the assistance of experts covering a wide range offields. Provisions should therefore be laid down for setting upand running a European Agency for reconstruction (hereinafterreferred to as the rGK-wAgencyrGK-j) that can be charged by theCommission with implementing the reconstructionprogrammes;Regulation (EC) No 1628/96 should be amended to take
account of the specific requirements for Kosovo’s recon-
struction, which will demand the rapid implementation ofnumerous small-scale projects, measures to support returningrefugees and the assistance of experts covering a wide range offields. These projects should be accompanied by support fordemocratic institutions and civilsociety, the judicial , the media,education, and welfare and health systems. Provisions shouldtherefore be laid down for setting up and running a EuropeanAgency for reconstruction (hereinafter referred to as therGK-wAgencyrGK-j) that can be charged by the Commission withimplementing the reconstruction programmes;
Recital7a
The reconstruction efforts must combine with those of the
people of Kosovo.
Recital9
Reconstruction assistance should be coordinated with the
European Investment Bank, the internationalfinancialinsti-tutions, the Office of the United Nations High Commissioner
for Refugees.Reconstruction assistance should be coordinated with the
European Investment Bank, the internationalfinancialinsti-tutions, the Office of the United Nations High Commissioner
for Refugees and the relevant non-governmental organisations.
Article 14, third subparagraph
Any decision to extend the Agency’s activities to parts of the
FRY other than Kosovo, which shall include the arrangementsfor identifying the bodies referred to in Article 3, shall be takenby the Councilacting by a qual ified majority on a proposalfrom the Commission. In the light of that decision, the Agencymay estabish other operationalcentres.Any decision to extend the Agency’s activities to parts of the
FRY other than Kosovo, which shall include the arrangementsfor identifying the bodies referred to in Article 3, shall be takenby the Councilacting by a qual ified majority on a proposalfrom the Commission and after consultation of the EuropeanParliament. In the light of that decision, the Agency mayestabish other operationalcentres.EN 28.11.2000 OfficialJournalof the European Communities C 337 E/1
INITIAL PROPOSAL AMENDED PROPOSAL
Article 15(1)(c)
(c) Implementing the programmes provided for in the third
subparagraph of Article 10(1), cooperating whereverpossible with the local population and where necessarydrawing on the services of operators selected by calls fortender. The Commission may accordingly make the Agencyresponsible for all operations required to implement theprogrammes, notably:Unchanged
(otherwise unchanged)
Article 17(11)
The Governing Board shall lay down the principles necessary
for implementation of the reconstruction programmes. On aproposalby the Director, it shal ldecide upon the main issuesrelating to the Agency’s activities, e.g.:
rGKwK proposals for programmes by other donors for possible
implementation by the Agency;
rGKwK setting the multiannual contractual framework with the
provisionalauthority responsibl e for the administration ofKosovo, to implement the aid decided on in the frameworkof the programmes referred to in Article 10;
rGKwK whether representatives of the countries and organisations
delegating implementation of their programmes to theAgency should be present as observers on its GoverningBoard.Unchanged
The Governing Board shall be consulted on:
rGKwK draft programmes to be submitted to the Commission;
rGKwK the methods of evaluating and properly implementing the
projects;
rGKwK the finalisation, any adjustments to, and implementation of
projects;
Article 18(1)
1. The Director of the Agency for a term of office of thirty
months. The term of office may be terminated by the sameprocedure.1. The Director of the Agency shall be appointed by the
Commission for a term of office of thirty months. The termof office may be terminated by the same procedure.
Article 20(4)
4. The Governing Board, after receiving the opinion of the
Commission, shall adopt the budget of the Agency togetherwith the work programme at the beginning of each financialyear, adjusting it to the various contributions granted to theAgency and to funds from other sources. The budget shall alsospecify the number, grade and categories of staff employed bythe Agency during the financialyear in question.UnchangedEN C 337 E/2 OfficialJournalof the European Communities 28.11.2000
INITIAL PROPOSAL AMENDED PROPOSAL
In the interests of budgetary transparency, funds from sources
other than the Community budget shall appear separately inthe Agency’s statement of revenue. Administrative andpersonnel expenditure shall be clearly separated from theprogramme’s operating expenditure in the statement of expen-diture.
Article 25
The Commission shall submit to the Council before 30 June
2000 a progress report on the implementation of this Regu-lation; it may if appropriate make proposals, notably with aview to establishing a unified regulatory framework forassistance to Albania, Bosnia and Herzegovina, Croatia, theFederal Republic of Yugoslavia and the Former YugoslavRepublic of Macedonia.The Commission shall submit to the Council before 30 June
2000 a progress report on the implementation of this Regu-lation; it may if appropriate make proposals, notably with aview to establishing a unified regulatory framework forassistance to Albania, Bosnia and Herzegovina, Croatia, theFederal Republic of Yugoslavia and the Former YugoslavRepublic of Macedonia and, possibly, to extending theAgency’s activities to areas other than those referred to inArticle 14.
Declaration by the Council and the Commission on Article 16
The location of the Agency’s seat in Thessaloniki will facilitate
coordination with other instances with responsibilities in theBalkans, and in particular the coordinator of the Stability Pact.
Meetings of the Governing Board will take place at the
Agency’s seat. The seat will house the Agency’s generalservice departments, including those handling legal affairsand litigation, and the central departments responsible foradministration, auditing, accounting, publications and
information to businesses.UnchangedEN 28.11.2000 OfficialJournalof the European Communities C 337 E/3