Proposal for a Council Regulation (EC) amending Regulation (EC) No 1628/96 of 25 July 1996 relating to aid for Bosnia-Herzegovina, Croatia, the Federal Republic of Yugoslavia and the former Yugoslav Republic of Macedonia
Date: 1997-07-29
Institutions: European Commission
Subjects: Yugoslavia, award of contract, cooperation policy, economic reconstruction, invitation to tender

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 29.07.1997 
COM(97) 420  final 

Proposal for a 
COUNCIL REGULATION (EC) 

amending Regulation (EC) No  1628/96 of 25 July 1996 relating to aid 
for Bosnia-Herzegovina, Croatia, the Federal Republic of Yugoslavia 
and the former Yugoslav Republic of Macedonia 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

The regulation concerning aid for reconstruction to ex-Yugoslavia contains an annex 
concerning the award of contracts. This annex will not be applied before the 1st 
January  1998 and may be amended by the Council acting by a qualified  majority  on a 
proposal from the Commission (cf. Art.  11, 3rd alinéa of the the regulation). 

The Commission may put forward  a proposal from 1st July  1997. 

During negotiations in the working group of the Council on 5th June  1996 the annex 
was discussed in detail and an agreement was reached on a text (Doc.7545/96). 
However, the text did not find unanimity on the level of the Council. 

The present amendment and the statement of the Commission correspond to the result 
of the working group (see annexes I and II). 

The proposal is based on Article  11 of the Regulation which states that "this annex 
may be amended by the Council acting by qualified  majority". 

The Council is invited to: 
.1. adopt the annexed proposition; 
2. take note of the annexed statement of the Commission. 

a. 

ANNEXI 

Proposal for a 
COUNCIL REGULATION  ( FQ 

amending Regulation (EC) No  1628/96 of 25 July  1996 relating to aid 
for Bosnia-Herzegovina,  Croatia, the Federal Republic of Yugoslavia 
and the former  Yugoslav Republic of Macedonia 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having regard  to Regulation  1628/96, and in particular  Article  11, which  states that  the 
annex  to  the  said  regulation  may  be  amended  by  the  Council  acting  by  a  qualified 
majority  on a proposal  from  the  Commission,  which  the  latter  may put  forward  from  1 
July 1997, 

Having regard to the proposal from the Commission, 

Whereas  the  Annex  to  Regulation  No  1628/96  contains  rules  governing  the  award  of 
contracts by tendering, in particular restricted tendering,  for projects  in the  field  referred 
to in the second, sixth and seventh indents of Article 4(2), 

Whereas Article  11 of the Regulation requires the Commission to follow those rules as of 
1 January 1998, 

Whereas the Commission put forward a proposal for an amendment on 

, 

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HAS ADOPTED THIS REGULATION: 

Article 1 

The Annex to the Regulation shall be replaced by the  following: 

1.  The  Commission  shall  chair  all  evaluation  committees  and  shall  appoint  a  sufficient 
number of evaluators before  invitations to tender are issued.  One evaluator  should  come 
from  the  recipient  institution  of  the  country  concerned.  All  evaluators  shall  sign  a 
declaration of impartiality. 

2.  Companies, organizations or institutions which have expressed  interest  in a project  in 
writing  shall  be  informed  whether  or  not  they  have  been  included  on  the  short-list. 
Unsuccessful  tenderers shall be informed by letter of their  rejection." 

Article 2 

This Regulation  shall enter into force  on the day  following  its publication  in the Official 
Journal of the European Communities. 

It shall apply until 31 December 1999. 

This  Regulation  shall  be  binding  in  its  entirety  and  directly  applicable  in  all  Member 
States. 

V 

ANNEX II 

STATEMENT  BY THE  COMMISSION 

1.  Any natural or legal person  involved  in the preparation  of a project  shall be  excluded 
from  participation  in  its  implementation. 
If  any  participating  tenderer  employs  such 
persons, in any capacity, within six months of the termination  of their involvement in the 
tender  process  that  tenderer  may  be  excluded  from  participation  in  the  project.  Any 
tenderer included  in a short-list  shall be excluded from participation  in the evaluation  of 
that tender. 

2.  A minimum period of 30 days shall elapse between the Committee's final opinion and 
the  issue  of  the  invitation  to  tender.  In  emergencies,  however,  the  Commission  may 
reduce this period, provided that a detailed explanation is supplied to the Committee. 

An  invitation  to  tender  shall  allow  a  time-limit  of  30  days  from  the  date  of 
publication/dispatch  of  the  letter  of  invitation. 
In  emergencies  this  period  may  be 
reduced but it may never be less than 20 days. 

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ISSN 0254-1475 

COM(97) 420 final 

DOCUMENTS 

EN 

11  10  08 

Catalogue number  :  CB-CO-97-423-EN-G 

ISBN 92-78-23733-7 

Office  for Official  Publications of the European Communities 

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