Amended proposal for a Council Regulation (EC) on coordinating aid to the applicant countries in the framework of the pre-accession strategy
Date: 1998-09-30
Institutions: European Commission
Subjects: Central and Eastern Europe, EU financial instrument, accession to the European Union, coordination of financing, financing of aid

27.10.98

EN

Official  Journal  of  the  European  Communities

C  329/13

ORIGINAL  TEXT

AMENDED  TEXT

When  Member  States  adopt  these  provisions,  they  shall
contain  a  reference  to  this  Directive  or  shall  be  accom(cid:220)
panied  by  such  reference  at  the  time  of  their  official
publication.  The  procedure  for  such  reference  shall  be
adopted  by  Member  States.

the
shall 
2.(cid:218)(cid:217)Member 
Commission  the  texts  of  the  provisions  of  domestic  law
which  they  adopt  in  the  field  governed  by  this  Directive.

communicate 

States 

to 

This  Directive  shall  enter  into  force  on  the  20th  day
following  its  publication  in  the  Official  Journal  of  the
European  Communities.

This  Regulation  shall  enter  into  force  on  the  20th  day
following  its  publication  in  the  Official  Journal  of  the
European  Communities.

Article  7

This  Directive  is  addressed  to  the  Member  States.

Delete

Article  8

Add  final  formula

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

in 

its  entirety  and

Amended  proposal  for  a  Council  Regulation  (EC)  on  coordinating  aid  to  the  applicant  countries
in  the  framework  of  the  pre(cid:220)accession  strategy

(98/C  329/08)

COM(1998)  551  final  -  98/0094(CNS)

(Submitted  by  the  Commission  pursuant  to  Article  189a(2)  of  the  EC  Treaty  on  30  September
1998)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

in  addition  to  the  PHARE  programme,  aid  to  agriculture
and  for  structural  measures;

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

Having  regard  to  the  proposal  from  the  Commission,

Having 
Parliament,

regard 

to 

the  opinion  of 

the  European

Whereas  the  Luxembourg  European  Council  advocated  a
substantial  increase  in  pre(cid:220)accession  aid  so  as  to  include,

Whereas  Regulation  (EC)  No  622/98  of  16  March  1998
on  assistance  to  the  applicant  countries  in  the  framework
of  the  pre(cid:220)accession  strategy  provides  for  the  creation  of
Accession  Partnerships  which  provide  a  single  framework
for  programming  the  priorities  and  financial  resources  of
pre(cid:220)accession  aid;

Whereas  Regulation  (EC)  No  .(cid:216).(cid:216).  set  up  an  agricultural
in  areas  such  as
instrument  for  application  mainly 
structure  of  agricultural  holdings,
modernising 
improving 
structures,
distribution 
and 
developing  inspection  activities  and  rural  development;

processing 

the 

C  329/14

EN

Official  Journal  of  the  European  Communities

27.10.98

Whereas  the  structural  instrument  created  by  Regulation
(EC)  No  .(cid:216).(cid:216).  (the  ISPA),  is  intended  to  finance  infra(cid:220)
structure  in  the  transport  and  environment  fields;

instrument  (hereinafter  the  "agricultural  instrument’)  and
the  structural  instrument  shall  be  ensured  in  accordance
with  this  Regulation.

Whereas  the  PHARE  programme  set  up  by  Regulation
(EEC)  No  3906/89,  as  last  amended  by  Regulation  (EC)
No  753/96,  will  in  future  focus  on  the  essential  priorities
i.e.
linked  to  adoption  of  the  acquis  communautaire, 
building  up  the  administrative  and  institutional  capacities
of  the  applicant  countries  and  financing 
investments
designed  to  help  them  comply  with  Community  law  as
soon  as  possible;

it 

is 

Whereas 
operations  under  the  three  pre(cid:220)accession 
achieve  optimum  economic  impact;

important  to  ensure  that  Community
instruments

Whereas  the  above  instruments  should  remain  distinct
but  there  must  be  coordination  between  operations  under
them  as  well  as  with  operations  funded  by  the  European
Investment  Bank,  the  European  Bank  for  Reconstruction
and  Development, 
financial
instruments  and  the  other  international  financial  insti(cid:220)
tutions;

the  Community’s  other 

Whereas  it  is  necessary  to  foresee  reciprocal  information
and  cooperation  between 
the
candidate  countries  for  on(cid:220)the(cid:220)spot  control  and  verifi(cid:220)
cation  to  ensure  efficient  protection  of  the  financial
interests  as  well  as  to  combat  fraud  and  other  irregu(cid:220)
larities;

the  Commission  and 

Whereas  management  of  pre(cid:220)accession  assistance  should
gradually  be  decentralised  to  the  applicant  countries
themselves,  taking  account  of  their  management  and
financial  control  capacities,  so  that  they  can  be  more
closely  involved  in  the  pre(cid:220)accession  aid  process;

Whereas  the  Commission  should  submit  regular  reports
on  pre(cid:220)accession  aid  to  the  applicant  countries,

HAS  ADOPTED  THIS  REGULATION:

Article  1

Coordination  and  coherence  between  assistance  granted
in  the  framework  of  the  pre(cid:220)accession  strategy  under
rural  development
PHARE, 

agricultural 

and 

the 

Article  2

to 

improve 

structure  of  agricultural
the 
Measures 
holdings,  the  processing  and  marketing  of  agricultural
and 
fisheries  products,  phytosanitary  and  veterinary
inspection  and  the  quality  of  foodstuffs  shall  be  financed
by  the  agricultural  instrument  set  up  by  Regulation  (EC)
No  .(cid:216).(cid:216)..  Funding  shall  also  be  provided  for  integrated
rural  development, 
infrastructure  and
including  rural 
agri(cid:220)environment  schemes.

Article  3

Investment  projects 
in  the  following  areas  shall  be
financed  from  the  pre(cid:220)accession  aid  structural  instrument
established  by  Regulation  (EC)  No  .(cid:216).(cid:216).:

-(cid:217)measures  in  the  environment  sector  which  allow  the
beneficiary  countries  to  comply  with  the  requirements
of  the  acquis  in  relation  to  the  environment  and  with
the  objectives  of  the  Accession  Partnerships,

transport, 

-(cid:217)measures  relating  to  transport  infrastructure  designed
to  promote 
in
sustainable  modes  of 
particular  those  that  constitute  projects  of  common
interest  based  on  Council  Decision  No  1692/96  and
measures  allowing 
to
comply  with  the  objectives  of  the  Accession  Part(cid:220)
nerships;  this  shall  include  interconnection  and  inter(cid:220)
operability  of  national  networks  as  well  as  with  the
trans(cid:220)European  networks  together  with  access  to
such  networks.

the  beneficiary  countries 

Article  4

1.(cid:218)(cid:217)Funding  under  the  PHARE  programme  shall  focus
on  the  main  priorities  for  the  adoption  of  the  acquis
communautaire,  i.e.  building  up  the  administrative  and
institutional  capacities  of 
the  applicant  States  and
investment,  except  for  the  type  of  investments  covered  by
the  two  instruments  referred  to  in  Articles  2  and  3.

the  measures 

2.(cid:218)(cid:217)However,  PHARE  funding  may  also  be  used  to
the  fields  of  environment,
finance 
transport  and  agricultural  and  rural  development  which
form  an  indispensable  part  of  integrated  industrial  recon(cid:220)
struction  or  regional  development  programmes.

in 

27.10.98

EN

Official  Journal  of  the  European  Communities

C  329/15

Article  5

Article  10

Aid  for  schemes  or  measures  financed  in  the  framework
of  pre(cid:220)accession  aid  may  be  granted  from  one  only  of
the  instruments  referred  to  in  this  Regulation.

Article  6

Financing  of  the  schemes  or  measures  provided  for  in
this  Regulation  shall  be  subject  to  compliance  with  the
conditions  laid  down  in  Regulation  (EC)  No  622/98  of
16  March  1998  and  in  the  Accession  Partnerships  and  to
the 
(EEC)  No
3906/89  of  18  December  1989,  as  last  amended  by
Regulation  (EC)  No  753/96  of  22  April  1996,  (EC)  No
.(cid:216).(cid:216).  (SAPARD)  and  (EC)  No  .(cid:216).(cid:216).  (ISPA)  and  of  this
Regulation.

relevant  provisions  of  Regulations 

Article  7

Beneficiary  States  shall  contribute  to  the  financing  of
investments.

Article  8

Schemes  or  measures 
three
instruments  referred  to  in  Articles  2,  3  and  4  shall  be
decided  in  accordance  with  the  provisions  laid  down  in
the  relevant  Regulation  relating  to  that  instrument.

financed  under 

the 

Article  9

for 

1.(cid:218)(cid:217)The  Commission  shall  be  responsible  for  coordi(cid:220)
nating  operations  under  the  three  instruments,  and  in
particular 
aid
is  assisted,  for  this
guidelines  for  each  country.  It 
purpose,  by  the  committee  set  up  by  Regulation  (EEC)
No  3906/89,  as  last  amended  by  Regulation  (EC)  No
753/96,  in  accordance  with  the  following  procedure.

pre(cid:220)accession 

establishing 

the 

2.(cid:218)(cid:217)The  representative  of  the  Commission  shall  submit
to  the  committee  a  draft  of  the  measures  to  be  taken.
The  committee  shall  deliver  its  opinion  on  the  draft,
within  a  time  limit  which  the  chairman  may  lay  down
according  to  the  urgency  of  the  matter  if  necessary  by
taking  a  vote.

3.(cid:218)(cid:217)The  opinion  shall  be  recorded  in  the  minutes;  in
addition,  each  Member  State  shall  have  the  right  to  ask
to  have  its  position  recorded  in  the  minutes.

4.(cid:218)(cid:217)The  Commission  shall  take  the  utmost  account  of
the  opinion  delivered  by  the  committee.  It  shall  inform
the  committee  of  the  manner  in  which  its  opinion  has
been  taken  into  account.

shall 

ensure 

coordination 

The  Commission 
and
coherence  between  operations  undertaken  pursuant  to
this  Regulation  under  the  Community  budget,  operations
funded  by  the  European  Investment  Bank  or  other
financial  instruments  of  the  Community,  and  operations
funded  by  international  financial  institutions.

Article  11

1.(cid:218)(cid:217)The  Commission  shall  implement  the  Community
aid  in  accordance  with  the  rules  of  transparency  and  the
Community’s  Financial  Regulation  and  without  prejudice
to  this  Regulation.

2.(cid:218)(cid:217)Pre(cid:220)accession  aid 
shall  also  cover  expenditure
relating  to  the  monitoring,  inspection  and  evaluation  of
operations.

decisions 
instruments 

or
3.(cid:218)(cid:217)Financing 
implementing 
shall
expressly  provide  for  inspection  by  the  Commission  and
the  Court  of  Auditors  to  be  carried  out  on  the  spot,  if
necessary.

and 
resulting 

therefrom 

contracts 

any 

Article  12

1.(cid:218)(cid:217)The  applicant  countries  may  manage 
the  aid
granted  to  them  on  a  decentralised  basis  subject  to
specific  provisions  concerning,  inter  alia,  invitations  to
tender,  scrutiny  and  evaluation  of  tenders  and  the  award
of  contracts.

2.(cid:218)(cid:217)The  above  specific  provisions  shall  be  laid  down  in
financing  agreements  with  the  beneficiary  countries  and
shall  take  account  of  their  management  and  financial
control  capacities.

3.(cid:218)(cid:217)The  Commission 
inspection  and  evaluation.

shall  adopt 

rules  governing

Article  13

Every  two  years  the  Commission  shall  present  a  report
on  the  overall  pre(cid:220)accession  aid  for  each  country  to  the
Council  and  to  Parliament.

Article  14

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

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