Amended proposal for a Regulation of the European Parliament and of the Council regarding the implementation of measures to promote economic and social development in Turkey
Date: 2000-04-05
Institutions: European Commission
Subjects: EU action, EU relations, Türkiye, economic development, social development

31.10.2000

EN

Official Journal of the European Communities

C 311 E/125

Amended proposal for a Regulation of the European Parliament and of the Council regarding the
implementation of measures to promote economic and social development in Turkey

(2000/C 311 E/05)

COM(2000) 169 final (cid:151) 1998/0300(COD)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 5 April 2000)

INITIAL PROPOSAL

AMENDED PROPOSAL

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Unchanged

Having regard to the Treaty establishing the European
Community, and in particular Article 179 thereof,

Having regard to the proposal from the Commission,

Acting in accordance with the procedure laid down in Article
251 of the EC Treaty,

Whereas:

(1) Relations between the European Union and Turkey are
based mainly on the Association Agreement of 12
the Association
September 1963 and the decisions of
Council which the Association Agreement set up.

(2) Turkey is engaged in substantial reform to improve its
its
economy, restructure and increase the efficiency of
public sector, modernise its economic and social
infra-
structure and develop its manufacturing sector.

(3) The Cardiff European Council on 15 and 16 June 1998
affirmed the importance it attached to the implementation
of the European strategy for Turkey and requested the
Commission to table proposals (including proposals on
financial matters) in that connection.

(4) Income is unequally distributed across Turkey’s provinces.
It will not be possible to act on the conclusions of the
Cardiff European Council unless
these disparities are
remedied by backing the development of regions which
are lagging behind and by strengthening economic and
social cohesion.

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

1999 referred to financial assistance for Turkey.

C 311 E/126

EN

Official Journal of the European Communities

31.10.2000

INITIAL PROPOSAL

AMENDED PROPOSAL

(6) 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.

(7) 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, and also on the o.

(7) 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, and also on the obligations entered
into under the various agreements in those fields.

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

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

(8) 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

(9) 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 (1).

entitled (cid:145)European strategy for Turkey:

proposals(cid:146)

initial

(10) 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
laying
exercise of
implementing powers conferred on the Commission (2);
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

(11) On 6 May 1999 the European Parliament, the Council and
the Commission approved an interinstitutional agreement
on budgetary
the
budgetary procedure (1).

improvement of

discipline

and

Unchanged

___________
(1) OJ C 172, 18.6.1999, p. 1.

___________
(1) 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).

(2) OJ L 184, 17.7.1999, p. 23.

31.10.2000

EN

Official Journal of the European Communities

C 311 E/127

INITIAL PROPOSAL

AMENDED PROPOSAL

(12) The

European

Parliament,

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

the Council

and

(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) Such a reference shall be part of the multiannual financial

framework of the Mediterranean allocations.

(13) 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
financial
a reference shall be part of
framework of the Mediterranean allocations.

the multiannual

indicative

amount

(14) The projects and programmes financed on this basis must
further Turkey’s economic and, the reform of its devel-
opment policies and the restructuring of its institutional
framework

(14) The projects and programmes financed on this basis must
further Turkey’s economic and social development, help to
promote the defence of human rights and respect for, and
the protection of, the country’s minorities, and contribute
to the reform of its development policies and the restruc-
turing of its institutional and legal framework in order to
ensure compliance with these principles.

(15) The projects and programmes financed on this basis must
benefit the population affected by a development lag,

(15) The projects and programmes financed on this basis must
benefit above all the population affected by a development
lag,

HAVE ADOPTED THIS REGULATION:

Unchanged

Article 1

The Community shall assist Turkey in its efforts to achieve
economic and social development.

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.

___________
(1) OJ C 102, 4.4.1996, p. 4.

C 311 E/128

EN

Official Journal of the European Communities

31.10.2000

INITIAL PROPOSAL

AMENDED PROPOSAL

Article 3

Unchanged

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

local authorities,

The beneficiaries of cooperation projects and operations
1.
may include not only the Turkish state and regions but also in
particular
regional organisations, public
bodies and departments, including the customs administration,
local or
traditional communities, business support organi-
sations, cooperatives and civil society, in particular associations,
foundations and non-governmental organisations.

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

Unchanged

pass information on

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

information on its

Article 4

Unchanged

Cooperation projects and operations may be financed in

1.
the following indicative areas:

(cid:151) modernising manufacturing,

improving institutional and
infrastructure capacity in areas including the environment,
energy and transport;

(cid:151) promotion of industrial cooperation by methods including
support for diversification in industry and the establishment
of small and medium-sized enterprises;

(cid:151) cooperation in telecommunications,
development and social services;

infrastructure,

rural

(cid:151) boosting the capacity of the Turkish economy, inter alia by
measures to encourage the restructuring of the country’s
private sector and private initiative;

(cid:151) cooperation in protecting health;

(cid:151) cooperation in the field of education and training;

(cid:151) regional and cross-border cooperation;

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

the rule of

democracy,
protection of minorities;

31.10.2000

EN

Official Journal of the European Communities

C 311 E/129

INITIAL PROPOSAL

AMENDED PROPOSAL

(cid:151) cooperation on humanitarian issues;

(cid:151) measures to promote the development of social dialogue
within Turkey and between Turkey and the European
Union;

(cid:151) all forms of assistance aimed at promoting the development
of relations between the European Union and Turkey;

(cid:151) promotion of cooperation between the two parties’ public
administrations with a view to the approximation of legis-
lation and the training of staff, including customs officers.

2. Where appropriate, measures could be taken to underpin
a structural adjustment programme on the basis of
the
following principles:

(cid:151) support programmes must be tailored to Turkey’s particular
circumstances and take account of economic and social
conditions;

(cid:151) support programmes must be tailored as far as possible to
Turkey’s particular circumstances and take account of
economic and social conditions;

(cid:151) support programmes must

include measures to alleviate
any negative impact of the structural adjustment process
in social and employment
terms, most disadvantaged
sectors of the population;

(cid:151) support programmes must include measures to alleviate
any negative impact of the structural adjustment process
in social and employment
in particular for the
most disadvantaged sectors of the population;

terms,

(cid:151) account must be taken of Turkey’s economic situation, and
servicing
in particular,
its
charges, balance of payments
and foreign currency
supply, monetary situation, per capita gross domestic
product and unemployment level.

indebtedness, debt

level of

(cid:151) account must be taken of Turkey’s economic situation, and
in particular regional economic imbalances,
its level of
indebtedness, debt servicing charges, balance of payments
and foreign currency supply, monetary situation, per capita
gross domestic product and unemployment level.

Article 5

Unchanged

Financial support under this Regulation shall take the

1.
form of grants.

The instruments to be employed in the course of the
2.
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.

C 311 E/130

EN

Official Journal of the European Communities

31.10.2000

INITIAL PROPOSAL

AMENDED PROPOSAL

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 a non-govern-
mental organisation 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.
In order to achieve the objectives of coherence and
complementarity referred to in the Treaty, and with the aim
of guaranteeing optimum efficiency for these actions as a
whole, the Commission will take all necessary coordination
measures, notably:

a) the establishment of a system for systematic exchange and

analysis of information on;

a) the establishment of a system for systematic exchange and
analysis of information on the planning of operations to be
carried out, the approval of each individual operation whose
financing is under consideration by the Community and the
Member States, and the development of
the operations
already approved;

b) on-the-spot coordination of these operations by means of
regular meetings and exchange of information between the
representatives of the Commission and Member States in the
beneficiary.

b) on-the-spot coordination of these operations by means of
regular meetings and exchange of information between the
representatives of the Commission and Member States in the
beneficiary country.

8.
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.

Unchanged

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.

31.10.2000

EN

Official Journal of the European Communities

C 311 E/131

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) effectiveness and economic viability of operations,

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

Unchanged

(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

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.

inform the Committee referred to in
The Commission shall
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.

inform the Committee referred to in
The Commission shall
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
Commission shall take all necessary steps to facilitate take-up
of grants by small, non-profit-making NGOs.

The Commission is authorised to approve, without
4.
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

Where the additional commitment referred to in the previous
the Committee
subparagraph is less than EUR 4 million,
the decision
referred to in Article 7 shall be informed of
taken by
said additional
commitment is more than EUR 4 million but less than 20 %,
the Committee’s opinion shall be sought.

the Commission. Where

the

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.

C 311 E/132

EN

Official Journal of the European Communities

31.10.2000

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 Articles 7(3) and 8 thereof.

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

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

Article 8

Unchanged

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

Unchanged

The Commission shall
to the
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;

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

31.10.2000

EN

Official Journal of the European Communities

C 311 E/133

INITIAL PROPOSAL

AMENDED PROPOSAL

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

those relating to specific operations;

e) information on the bodies with which the agreements or

contracts have been concluded.

Article 10

Unchanged

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

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

Six months before
financial
framework,
the Commission shall submit
to the European
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

into force on the third day
This Regulation shall enter
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.