Amended proposal for a Council Regulation regarding the implementation of measures to intensify the EC-Turkey customs union
Date: 2000-03-16
Institutions: European Commission
Subjects: European integration, Türkiye, cooperation policy, customs union, financial aid

31.10.2000

EN

Official Journal of the European Communities

C 311 E/5

Amended proposal

for a Council Regulation regarding the implementation of measures to

intensify the EC-Turkey customs union (1)

(2000/C 311 E/02)

COM(2000) 141 final (cid:151) 1998/299(CNS)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 16 March 2000)

(1) OJ C 408, 29.12.1998, p. 14.

INITIAL PROPOSAL

AMENDED PROPOSAL

THE COUNCIL OF THE EUROPEAN UNION,

Unchanged

Having regard to the Treaty establishing the European
Community, and in particular Article 308 thereof,

Having regard to the proposal by the Commission,

Having regard to the opinion of the European Parliament,

Whereas:

(1) The Luxembourg European Council on 12 and 13
December 1997 confirmed that Turkey was eligible to
accede to the European Union.

(2) On 4 March 1998 the Commission presented to the
Council a communication entitled the European strategy
for Turkey: the Commission’s initial operational proposals to
prepare Turkey for accession.

(3) The Cardiff European Council on 15 and 16 June 1998
welcomed the Commission’s communication as a platform
for developing relations between the European Union and
Turkey on a sound and evolutionary basis.

(4) The Commission was requested by the Cardiff European
Council to table any proposals which would be required
to implement the European strategy.

(5) The Cardiff European Council pointed out

that

the

European strategy would require financial support.

(6) The conclusions of the Council meeting of 13 September

1999 referred to financial assistance for Turkey.

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Official Journal of the European Communities

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INITIAL PROPOSAL

AMENDED PROPOSAL

(7) Since the EC-Turkey customs union came into force on 31
December 1995, Turkey has been pushing ahead with
economic reform.

(8) The Helsinki European Council of 10/11 December 1999
stated that Turkey was an applicant country which could
join the EU on the basis of the same criteria as those
applicable to the other applicant countries.

(9) The provisions of this Regulation are based on respect for
democratic principles, the rule of law, human rights and
fundamental freedoms and respect for international
law,
which underpin the policies of the European Community
and its Member States.

(10) The Community attaches great importance to the Turkey
for funda-

to improve its democratic practices respect
mental human rights civil society in.

(10) The Community attaches great importance to the need for
Turkey to improve and promote its democratic practices
and respect
for fundamental human rights, and more
closely involve civil society in that process.

respect

(11) The European Parliament has adopted a number of
for human
resolutions on the importance of
in Turkey to the development of close ties
rights
between that country and the European Union,
in
particular those of 13 December 1995 on the human
rights situation in Turkey, 17 September 1998 on the
Commission reports on developments in relations with
Turkey since the entry into force of the customs union,
3 December 1998 on the communication from the
Commission to the Council and the European Parliament
on the further development of relations with Turkey and
on the communication from the Commission to the
the
Council
Commission’s
and 6
operational
October 1999 on the state of relations between Turkey
and the European Union (3).

entitled (cid:145)European strategy for Turkey:

proposals(cid:146)

initial

Unchanged

(12) The

European

Parliament,

the
Commission adopted a declaration on 6 March 1995 on
the incorporation of financial provisions into legislative
acts (1).

the Council

and

(13) On 6 May 1999 the European Parliament, the Council and
the Commission approved an interinstitutional agreement
on budgetary
the
budgetary procedure (2).

improvement of

discipline

and

___________
(1) OJ C 102, 4.4.1996, p. 1.
(2) OJ C 172, 18.6.1999, p. 1.

___________
(3) OJ C 17, 22.1.1996, p. 46; OJ C 313, 12.10.1998, p. 176; OJ C 398,

21.12.1998, p. 57; minutes of that date (respectively).

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Official Journal of the European Communities

C 311 E/7

INITIAL PROPOSAL

AMENDED PROPOSAL

(14) Without prejudice to the powers of
a multiannual

the budgetary
authority,
the
for
period 2000-2002 is proposed as the financial reference
which illustrates the will of the legislative authority. Such
a reference shall be part of
financial
framework of the Mediterranean allocations.

the multiannual

indicative

amount

(15) The measures needed to implement this Regulation are
management measures within the meaning of Article 2
of Council Decision 1999/468/EC of 28 June 1999
exercise of
laying
implementing powers conferred on the Commission (1);
whereas these measures should be adopted in accordance
with the management procedure laid down in Article 4 of
that Decision.

down the procedures

the

for

(16) The Treaty does not provide any powers other than those
pursuant to Article 308 for the adoption of this Regu-
lation,

Unchanged

HAS ADOPTED THIS REGULATION:

Article 1

The Community shall assist Turkey in preparing for accession
by establishing closer links with the European Union in all
fields connected with the intensification of the customs union.

Article 2

The financial reference illustrating the will of the legislative
authority is EUR 15 million for the period 2000-2002. This
reference shall not affect the powers of the budgetary authority
as defined in the Treaty. The budgetary authority shall set the
annual funding in relation to the appropriations available for
each financial year, taking into account the principles of sound
management referred to in Article 2 of the Financial Regu-
lation.

Article 3

Unchanged

1.
The beneficiaries of cooperation projects and operations
may include not only the Turkish state and regions but also
local authorities, regional organisations, public agencies, local
or
traditional communities, business support organisations,
cooperatives and civil society, in particular associations, foun-
dations and non-governmental organisations.

___________
(1) OJ L 184, 17.7.1999, p. 23.

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Official Journal of the European Communities

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INITIAL PROPOSAL

AMENDED PROPOSAL

for

the continuation of
2. Where an essential element
in particular in the case of
assistance to Turkey is lacking,
law, human
violation of democratic principles,
rights and fundamental
law, the
Council, acting by qualified majority on a proposal from the
Commission, may decide upon appropriate measures.

freedoms and international

the rule of

The Commission shall pass
indicative
programme to the committee referred to in Article 7 of this
Regulation and the EU-Turkey joint economic and social
committee.

information on its

Article 4

Unchanged

Cooperation projects and operations may be financed in the
following indicative areas:

(cid:151) support for the alignment of Turkish legislation on that of
the Community and assistance with the institutional devel-
opment connected with that adjustment;

(cid:151) access to the single market, including development of the

requisite certification and quality instruments;

(cid:151) assistance for

the liberalisation of capital movements

between the Community and Turkey;

(cid:151) cooperation to develop the customs union between the
European Community and Turkey, in particular integrating
Turkey into the pan-European rules of origin system and
supporting its participation in the Transit and Single
Administrative Document Conventions;

(cid:151) helping Turkey to adapt its agricultural policy to incor-
porate the CAP measures needed to establish the free
movement of agricultural goods;

(cid:151) cooperation in veterinary and plant-health matters;

(cid:151) Turkish participation in a number

of Community
programmes and agencies dealing with matters including
the environment, research, education, training and youth;

(cid:151) cooperation on competition policy and consumer policy,

new technologies and the information society;

(cid:151) cooperation on justice and home affairs;

(cid:151) any form of cooperation seeking to defend and promote
law, human rights and the

the rule of

democracy,
protection of minorities.

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Official Journal of the European Communities

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INITIAL PROPOSAL

AMENDED PROPOSAL

Article 5

Unchanged

Financial support under this Regulation shall take the

1.
form of grants.

2.
The instruments to be employed in the course of the
operations covered by this Regulation shall include technical
assistance, training or other services, supplies and works, along
with audits and evaluation and monitoring missions.

The instruments to be employed in the course of the
2.
operations covered by this Regulation shall
include, within
the limits established during the annual budget procedure by
the budgetary authority, technical assistance, training or other
services, supplies and works, along with audits and evaluation
and monitoring missions.

3.
Community financing may cover investment, with the
exception of the purchase of buildings, and recurring costs
(including administrative, maintenance and operational costs),
taking account of the fact that the project must aim to have the
recurring costs taken over by the beneficiaries.

Unchanged

4.
A financial contribution from the partners defined in
Article 3 shall be sought for each cooperation operation. The
contribution requested shall be within the means of
the
partners concerned and shall depend on the nature of the
operation. In specific cases where the partner is an NGO or
a community-based organisation, a contribution in kind may
be made.

Opportunities may be sought for cofinancing with other

5.
providers of funds, especially with Member States.

6.
The necessary measures shall be taken to emphasise the
Community character of the aid provided under this Regu-
lation.

7.
The Commission, in conjunction with the Member States,
may take any initiatives necessary for ensuring good coor-
dination with the other providers of funds involved.

Article 6

1.
The Commission shall appraise, approve and administer
operations covered by this Regulation according to the
budgetary and other procedures in force, and in particular
those laid down in the Financial Regulation applicable to the
general budget of the European Union.

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Official Journal of the European Communities

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INITIAL PROPOSAL

AMENDED PROPOSAL

Project and programme appraisal shall take into account

2.
the following factors:

(cid:151) effectiveness and viability of operations,

(cid:151) cultural, social, gender and environmental aspects,

(cid:151) conservation and protection of the environment on the

basis of the principles of sustainable development,

(cid:151) institutional development necessary to achieve project

Unchanged

goals,

(cid:151) experience gained from operations of the same kind.

3.
Decisions relating to grants of more than EUR 2 million
for individual operations financed under this Regulation shall
be taken under the procedure laid down in Article 7.

The Commission shall
inform the Committee referred to in
Article 7 succinctly of any financing decisions it intends to
take with regard to projects and programmes of
less than
EUR 2 million in value. The information shall be made
available at least one week before the decision is taken.

The shall take all necessary steps to facilitate take-up of by

The Commission shall
take-up of grants by small, non-profit-making NGOs.

take all necessary steps to facilitate

4.
The Commission is authorised to approve, without
seeking the opinion of the Committee referred to in Article
7, any extra commitments needed for covering expected or real
cost overruns in connection with the operations, provided that
the overrun or additional requirement is not more than 20 %
of the initial commitment fixed by the financing decision.

Unchanged

less

than EUR 4 million,

Where the additional commitment referred to in the previous
the Committee
subparagraph is
referred to in Article 7 is informed of the decision taken by
the Commission. Where the additional commitment is more
than EUR 4 million but
the Committee’s
opinion shall be sought.

less than 20 %,

5.
All financing agreements or contracts concluded under
this Regulation shall provide for the Commission and the
Court of Auditors to conduct on-the-spot checks according
to the usual procedures laid down by the Commission under
the rules in force, and in particular those of the Financial
Regulation applicable to the general budget of the European
Union.

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INITIAL PROPOSAL

AMENDED PROPOSAL

6. Where operations are the subject of financing agreements
between the Community and Turkey, such agreements shall
taxes, duties or any other
the payment of
stipulate that
charges is not to be covered by the Community.

7.
Participation in invitations to tender and the award of
contracts shall be open on equal terms to natural and legal
persons of the Member States and Turkey.

8.

Supplies shall originate in the Member States or Turkey.

Article 7

The Commission shall be assisted by the committee set
1.
up by Regulation (EC) No 1488/96 of 23 July 1996 (1), known
as the MED Committee, made up of representatives of the
Member States and chaired by the representative of
the
Commission.

2. Where reference is made to this Article, the management
procedure provided for in Article 4 of Decision 1999/468/EC
shall apply, in accordance with Article 7(3) thereof.

The period referred to in Article 4(3) of Decision

3.
1999/468/EC shall be three months.

Article 8

Artikel 8

An exchange of views shall take place, once a year, on the basis
of a presentation by the Commission’s representative of the
indicative for the operations to be carried out in the year
ahead, in a meeting of the Committee referred to in Article 7.

An exchange of views shall take place, once a year, on the basis
of a presentation by the Commission’s representative of the
indicative programme for the operations to be carried out in
the year ahead, in a meeting of the Committee referred to in
Article 7. The European Parliament shall be informed of the
proposals and of the outcome of the discussions.

Article 9

to the
The Commission shall
European Parliament and to the Council during the first
quarter of each year. This report shall contain at least the
following:

submit an annual

report

(a) a detailed summary of the operations financed during the

previous financial year;

(b) the planned indicative programme for the current financial
year and a statement of the progress made with regard to
the operations included therein;

(c) the forecasts for the programme and the operations to be

undertaken during the following financial year;

(d) a summary of the conclusions of any evaluations, including

those relating to specific operations;

___________
(1) OJ L 189, 30.7.1996, p. 1.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(e) information on the bodies with which the agreements or

contracts have been concluded.

Article 10

Unchanged

improving the effectiveness of

The Commission shall regularly evaluate operations financed by
the Community in order to establish whether the objectives of
the operations have been achieved and to provide guidelines
future operations. The
for
to the Committee referred to in
Commission shall submit
the evaluations made, which the
Article 7 a summary of
latter may, if necessary, examine. Evaluation reports shall be
made available to any Member States requesting them.

Article 11

Article 11

the Commission shall submit to the European Parliament and
the Council an overall assessment of the operations financed by
together with
the Community
suggestions
this Regulation and,
where necessary, proposals for amending it

regarding the future of

this Regulation,

under

the

the

end of

financial
Six months before
to the European
framework,
the Commission shall submit
the
Parliament and the Council an overall assessment of
operations financed by the Community under this Regulation,
together with suggestions regarding the future of this Regu-
lation and, where necessary, proposals for amending it.

three-year

Article 12

Unchanged

This Regulation shall enter
into force on the third day
following 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.