2001/0223 (CNS) Proposal for a COUNCIL REGULATION amending Council Regulation (EC) No 2666/2000 on assistance for Albania, Bosnia and Herzegovina, Croatia, the Federal Republic of Yugoslavia and the former Yugoslav Republic of Macedonia, repealing Regulation (EC) No 1628/96 and amending Regulations (EEC) No 3906/89 and (EEC) No 1360/90 and Decisions 97/256/EEC and 1999/311/EC, and Council Regulation (EC) No 2667/2000 on the European Agency for Reconstruction

(presented by the Commission)

EXPLANATORY MEMORANDUM

The European Community is committed to providing financial assistance to the former Yugoslav Republic of Macedonia, including in support of the implementation of the Framework Agreement of 13 August 2001. The situation in the country requires the efficient and speedy delivery of Community assistance which is best facilitated through local implementation.

In view of its location and experience, the European Agency for Reconstruction is best placed to implement Community assistance. It is proposed therefore to extend the mandate of the Agency to include the implementation of Community assistance in the former Yugoslav Republic of Macedonia.

The Community assistance to be implemented by the EAR includes that granted under the CARDS Council Regulation (EC) 2666/2000, the PHARE Council Regulation (EC) No 3906/89 (pertaining to Commission decisions taken prior to the adoption of the CARDS Regulation) and the Council Regulation (EC) No 381/2001 creating a Rapid Reaction Mechanism.

The extension of the mandate of the EAR will be completed in two phases: (i) on 1 November 2001 the Commission will delegate to the Agency those programmes directly linked to the implementation of the Framework Agreement of 13 August 2001 and (ii) on 1 January 2002 the Commission will delegate the other ongoing Programmes.

The Commission submits the attached proposal for a Council Regulation for urgent adoption by the Council.

2001/0223 (CNS)

Proposal for a COUNCIL REGULATION amending Council Regulation (EC) No 2666/2000 on assistance for Albania, Bosnia and Herzegovina, Croatia, the Federal Republic of Yugoslavia and the former Yugoslav Republic of Macedonia, repealing Regulation (EC) No 1628/96 and amending Regulations (EEC) No 3906/89 and (EEC) No 1360/90 and Decisions 97/256/EEC and 1999/311/EC, and Council Regulation (EC) No 2667/2000 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 [1],

[1] OJ C , , p. .

Having regard to the opinion of the European Parliament [2],

[2] OJ C , , p. .

Whereas:

(1) The European Community is committed to providing financial assistance to the former Yugoslav Republic of Macedonia, including in support of the implementation of the Framework Agreement of 13 August 2001.

(2) The situation in the country requires the efficient and speedy delivery of Community assistance which is best facilitated through local implementation.

(3) The European Agency for Reconstruction, established under Regulation (EC) No 2667/2000 of 5 December 2000 [3], has broad experience and is well placed to deliver Community assistance.

[3] OJ L 306, 7.12.2000, p. 7.

(4) Council Regulation (EC) No 2666/2000 and Council Regulation (EC) No 2667/2000 should therefore be amended to extend the Agency's activities to the former Yugoslav Republic of Macedonia.

(5) Implementation of Community assistance in the Federal Republic of Yugoslavia and the former Yugoslav Republic of Macedonia decided upon under other instruments may be delegated by the Commission to the Agency.

(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

Art. 4 of Regulation (EC) No 2666/2000 is amended as follows:

1. In paragraph 1 "Federal Republic of Yugoslavia" is replaced by "Federal Republic of Yugoslavia and for the former Yugoslav Republic of Macedonia".

2. In paragraph 2 "Federal Republic of Yugoslavia" is replaced by "Federal Republic of Yugoslavia and for the former Yugoslav Republic of Macedonia".

Article 2

Regulation (EC) No 2667/2000 is amended as follows:

1. Article 1 is replaced by the following:

"1. The Commission may delegate to an Agency:

(i) implementation of Community assistance provided for in Article 1 of the Regulation (EC) No 2666/2000 to the Federal Republic of Yugoslavia and the former Yugoslav Republic of Macedonia;

(ii) implementation of Community assistance decided by the Commission on the basis of other available instruments for the countries concerned; in such cases this shall be done in accordance with the provisions of the relevant Regulations and Articles 2 (1) (b) and (c), 2(2), 2(3), 2(4), 4 and 5 (1) (a) - (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 to that end with the aim of implementing the Community assistance referred to in paragraph 1.

2. In Article 2 paragraph 1 letter b) "Federal Republic of Yugoslavia" is replaced by "Federal Republic of Yugoslavia and of the former Yugoslav Republic of Macedonia".

3. In Art. 4 paragraph 10 "Federal Republic of Yugoslavia" is replaced by "Federal Republic of Yugoslavia and to the former Yugoslav Republic of Macedonia".

4. In Article 7 paragraph 3 first subparagraph "Federal Republic of Yugoslavia" is replaced by "Federal Republic of Yugoslavia and of the former Yugoslav Republic of Macedonia".

5. In Article 7 paragraph 3 second subparagraph "Federal Republic of Yugoslavia" is replaced by "Federal Republic of Yugoslavia and to the former Yugoslav Republic of Macedonia".

6. In Article 15 "Federal Republic of Yugoslavia" is replaced by "Federal Republic of Yugoslavia and for the former Yugoslav Republic of Macedonia".

Article 3

This Regulation shall enter into force on the day 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.

Done at Brussels,

For the Council

The President

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