Proposal for a Council Regulation (EC) amending Council Regulation (EC) No 1488/96 (MEDA) as regards the procedure for adopting the appropriate measures where an essential element for the continuation of support measures for a Mediterranean Partner is lacking
Date: 1997-11-10
Institutions: European Commission
Subjects: Mediterranean third countries, cooperation policy, decision-making, human rights, terms for aid

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

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Brussels,  10.11.1997 
COM(97)  516 final 

97/ 0298  (CNS) 

Proposal  for  a 

COUNCIL  REGULATION  (ECÏ 

amending Council Regulation  (EC) No  1488/96 (MEDA) as regards the procedure  for 
adopting the appropriate measures where an essential element for the continuation of 
support measures for a Mediterranean  Partner is lacking. 

(presented by  the  Commission) 

EXPLANATORY  MEMORANDUM 

Article 3 of the Regulation  (EC) N°  1488/96  lays down that  the MEDA Regulation  is 
based  on  respect  of  democratic  principles  and  the  rule  of  law,  as  well  as  of  human 
rights and fundamental  freedoms,  which  constitute an essential  element  the violation of 
which justifies  the  adoption  of  appropriate  measures,  in  accordance  with  the  original 
proposal  of the Commission. 

In this proposal the Commission  had also proposed  that, when  an essential  element  for 
the  continuation  of assistance  for  a Mediterranean  partner  is lacking,  the  measures  to 
be  taken  should  be  decided  by the  Council  by  qualified  majority,  on  a  proposal  from 
the  Commission.  However,  during  discussions  on  this  proposal  within  the  Council,  it 
proved  that  a  consensus  on  this  proposal  could  not  be  reached  as  long  as  the 
intergovernmental  Conference  had  not  completed  its  work.  For  this  reason  Article  16 
of the aforementioned  Regulation  lays down that  the decision  on the procedure  for  the 
adoption of the appropriate measures is deferred  to 30 June 1997. 

The attached  proposal  reintroduces  the procedure  of decision  by a qualified  majority 
to  adopt  the  appropriate  measures  to  be  taken  when  an  essential  element  for  the 
continuation  of aid for a partner is missing. 

X 

COUNCIL REGULATION  (EC) No 

of.../.../... 

amending Council Regulation  (EC) No  1488/96 (MEDA) as regards the procedure for 
adopting the appropriate measures where an essential element for the continuation of 
support measures for a Mediterranean  Partner is lacking. 

THE COUNCIL OF THE EUROPEAN  UNION 

Having  regard  to the Treaty  establishing  the European  Community,  and in particular 
Article 235 thereof, 

Having regard to the proposal of the Commission, 

Having regard to the opinion of the European  Parliament, 

Whereas Article 3 of Regulation  (EC) No 1488/96 provides that the said Regulation is 
based on the respect for democratic  principles  and the rule of law and also for human 
rights  and fundamental  freedoms,  which  constitute  an essential  element  thereof, the 
violation of which element will justify  the adoption of appropriate measures, 

Whereas  Article  16 of  Regulation  (EC) No  1488/96  provides  that  the  definitive 
procedure  for adopting  the appropriate  measures  where  an essential  element  for the 
continuation  of  support  measures  to  a  Mediterranean  Partner  is  lacking  shall  be 
determined by 30 June  1997, 

Whereas it is therefore  necessary to amend  Regulation  No 1488/96 to determine  such 
a procedure, 

Whereas  the Treaty  has not provided,  for  the adoption  of  this  Regulation,  powers 
other than those of Article 235 of the EC Treaty, 

HAS ADOPTED THIS REGULATION: 

Article  1 

Article  16 of Regulation No  1488/96 is replaced by the following: 

"When  an  essential  element  for  the  continuation  of  support  measures  to  a 
Mediterranean  Partner  is  missing,  the  Council  may,  on  a  proposal  from  the 
Commission, acting by a qualified  majority,  decide upon  appropriate measures." 

3 

Article 2 

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. 

Done at Brussels 

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ISSN 0254-1475 

COM(97) 516 final 

DOCUMENTS 

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Catalogue number  :  CB-C0-97-563-EN-C 

ISBN  92-78-26209-9 

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