Proposal for a Council Regulation (EC, Euratom) on assistance to the applicant countries in central and eastern Europe in the framework of the pre-accession strategy
Date: 1997-12-10
Institutions: European Commission
Subjects: Central and Eastern European countries, EU aid, accession to the European Union, cooperation policy, economic aid

C  48/18

EN

Official  Journal  of  the  European  Communities

13.2.98

Proposal  for  a  Council  Regulation  (EC,  Euratom)  on  assistance  to  the  applicant  countries  in
Central  and  Eastern  Europe  in  the  framework  of  the  pre(cid:220)accession  strategy

(98/C  48/09)

COM(97)  634  final  -  97/0351(CNS)

(Submitted  by  the  Commission  on  19  December  1997)

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  Treaty  establishing  the  European
Atomic  Energy  Community,  and  in  particular  Article  203
thereof,

Having  regard  to  the  proposal  from  the  Commission,

Having 
Parliament,

regard 

to 

the  opinion  of 

the  European

Whereas  the  economic  and  political  conditions  to  be
fulfilled  by  the  associated  Central  and  East  European
countries  wishing  to  join  the  European  Union  were  set
out  at  the  European  Council  meeting  in  Copenhagen  in
June  1993;  whereas  the  main  difficulties  which  those
countries  are  encountering  in  metting  those  conditions
have  been  identified  in  the  course  of  implementing  the
procedure  provided  for  in  Article  O  of  the  Treaty  on
European  Union;

reinforcing 

Whereas  the  Heads  of  State  or  Government  meeting  in
Amsterdam  from  16  to  17  June  1997  reiterated  their
the  Union’s  pre(cid:220)accession
intention  of 
strategy  to  facilitate  the  applicants’  preparations  for
accession;  whereas  for  that  purpose  the  Commission
presented  a  package  of  proposals 
in  this  connection
Agenda  2000;

strategy 

Whereas  Community  assistance 
the
pre(cid:220)accession 
should  properly  be  provided
framework  of  a  partnership  with  each
within 
applicant  and  such  assistance  should  focus  on  the  above(cid:220)
mentioned  difficulties;

support  of 

the 

in 

Whereas  it  is  essential  to  manage  the  available  financial
resources  carefully  and  in  line  with  the  priorities  arising
out  of  the  Commission’s  opinions  on  the  applications  for
accession;  whereas  the  Council  must  be  free  to  decide
what  principles,  priorities  and  general  conditions  are  to
govern 
the
Commission  can  take  those  decisions  into  account  when
establishing  the  partnerships;

partnerships 

accession 

that 

the 

so 

Whereas  Community  assistance  under  the  pre(cid:220)accession
strategy  should  be  provided  by  applying  to  the  countries
concerned  the  aid  programmes  adopted  in  accordance
with  the  provisions  of  the  Treaties,  and  particularly
Council  Regulation  (EEC)  No  3906/89  of  18  December
1989  on  economic  aid  to  certain  Central  and  East
European  countries(cid:216)(˛),  as  last  amended  by  Regulation
(EC)  No  753/96(cid:216)(ˇ);  whereas  therefore,  this  Regulation
will  have  no  financial  implications;

Whereas  the  programming  of  the  financial  resources
making  up  Community  assistance  will  be  decided  in
accordance  with  the  procedures  set  out  in  the  regulations
relating  to  the  corresponding  financial  instruments  or
programmes;

Whereas  the  granting  of  pre(cid:220)accession  assistance  is  also
subject  to  the  application  of  democratic  principles  and
the  rule  of 
law,  respect  for  human  rights,  and  the
protection  of  minorities;

Whereas  observance  of  the  obligations  laid  down  in  the
Europe  Agreements 
a  pre(cid:220)condition  of
Community  assistance;

also 

is 

to  help  achieve 

implementing  such  accession  partnerships 

is
Whereas 
likely 
the  Community’s  objectives;
whereas,  for  this  kind  of  system,  the  only  powers
provided  for  are  those  in  Article  235  of  the  EC  Treaty
and  Article  203  of  the  Euratom  Treaty.

HAS  ADOPTED  THIS  REGULATION:

Article  1

The  aid  described  in  Regulation  (EEC)  No  3906/89,  and
any  other  Community  assistance  granted  in  line  with  the
pre(cid:220)accession  strategy  for  countries  applying  to  accede  to
the  European  Union,  shall  be  provided  as  part  of  an
accession  partnership  within  a 
framework,
covering:

single 

-(cid:217)the  priorities,  as  defined 

in  the  analysis  of  the
situation  in  each  country,  on  which  preparations  for

(˛)(cid:217)OJ  L  375,  23.12.1989,  p.  11.
(ˇ)(cid:217)OJ  L  103,  26.4.1996,  p.  5.

13.2.98

EN

Official  Journal  of  the  European  Communities

C  48/19

accession  must  concentrate  in  the  light  of  the  political
and  economic  obligations  incumbent  on  a  Member
State,

regulations  relating  to  the  relevant  financial  instruments
or  programmes.

-(cid:217)the  financial  resources  for  helping  each  applicant  to
the

identified  during 

the  priorities 

implement 
pre(cid:220)accession  period.

Article  2

Acting  on  a  proposal  by  the  Commission,  the  Council
shall  decide  by  qualified  majority,  before  15  March
1998,  what  principles,  priorities  and  general  conditions,
the  Commission’s  opinions  on
as  disclosed 
applications  for  accession,  are  to  govern  each  accession
partnership.

by 

Article  3

Under  the  pre(cid:220)accession  strategy  the  Community  shall
provide  the  kind  of  assistance  that  is  provided  for  in  the
programmes  adopted  in  accordance  with  the  Treaty,  and
in  particular  Regulation  (EEC)  No  3906/89.

On  the  basis  of  decisions  taken  by  the  Council  pursuant
to  Article  2  of  this  Regulation,  the  programming  of  the
in  the
financial  resources  of  the  assistance  granted 
framework  of  the  accession  partnerships  shall  be  estab(cid:220)
lished  in  accordance  with  the  procedures  set  out  in  the

Article  4

Any  adjustments  to  the  accession  partnerships  shall  be
made 
in
Articles  2  and/or  3.

in  accordance  with  the  procedures  set  out 

Article  5

Where  a  component  essential  to  the  continuance  of
pre(cid:220)accession  assistance  is  missing,  where  the  principles
of  democracy,  the  rule  of  law,  respect  for  human  rights
or  the  protection  of  minorities  are  violated,  the  Council,
acting  by  qualified  majority  on  a  proposal  from  the
Commission,  may  take  appropriate  steps  with  regard  to
any  pre(cid:220)accession  assistance  granted  to  an  applicant
country.

Article  6

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

its  publication 

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

in 

its  entirety  and