Council Regulation (EC) No 764/2000 of 10 April 2000 regarding the implementation of measures to intensify the EC-Turkey customs union
Date: 2000-04-10
Institutions: Council of the European Union
Subjects: European Communities, Türkiye, cooperation policy, customs union, financing

L 94/6

EN

Official Journal of the European Communities

14.4.2000

COUNCIL REGULATION (EC) No 764/2000

of 10 April 2000

regarding the implementation of measures to intensify the EC-Turkey customs union

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal by the Commission (1),

(10)

(11)

Having regard to the opinion of the European Parliament (2),

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

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

On 4 March 1998 the Commission submitted to the
Council a communication entitled the European strategy
initial operational
for Turkey:
proposals to prepare Turkey for accession.

the Commission's

The Cardiff European Council on 15 and 16 June 1998
welcomed the Commission's communication as a plat-
form for developing relations between the European
Union and Turkey on a sound and evolutionary basis.

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

The Cardiff European Council pointed out that the Euro-
pean strategy would require financial support.

conclusions of

The
the Council meeting of 13
September 1999 referred to financial assistance for
Turkey.

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

The Helsinki European Council of 10 and 11 December
1999 stated that Turkey was a candidate State destined
to join the Union on the basis of the same criteria as
applied to the other candidate States.

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

(1) OJ C 408, 29.12.1998, p. 14.
(2) Opinion delivered on 4 December 1999 (not yet published in the

Official Journal).

law, which underpin the policies of
Community and its Member States.

the European

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

The European Parliament has adopted a number of
Resolutions on the importance of respect for human
rights in Turkey to the development of close ties
between that country and the European Union, in partic-
ular those of 13 December 1995 on the human rights
situation in Turkey (3), 17 September 1998 on the
Commission reports on developments in relations with
Turkey since the entry into force of
the customs
union (4), 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 Commis-
sion to the Council entitled ‘European strategy for
Turkey:
the Commission's initial operational propo-
sals’ (5) and 6 October 1999 on the state of relations
between Turkey and the European Union.

(12) A financial reference amount, within the meaning of
point 34 of the Interinstitutional Agreement of 6 May
1999 between the European Parliament, the Council and
the Commission (6), is included in this Regulation for the
entire duration of the programme, as part of the multi-
annual financial framework of the Mediterranean alloca-
tions, without thereby affecting the powers of the budg-
etary authority as they are defined by the Treaty.

(13)

The measures necessary for the implementation of this
Regulation should be adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (7).

(14)

The Treaty does not provide for powers other than those
of Article 308 for the adoption of this Regulation,

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 amount for the implementation of this
Regulation for the period 2000 to 2002 shall be EUR 15
million.

(3) OJ C 17, 22.1.1996, p. 46.
(4) OJ C 313, 12.10.1998, p. 176.
(5) OJ C 398, 21.12.1998, p. 57.
(6) OJ C 172, 18.6.1999, p. 1.
(7) OJ L 184, 17.7.1999, p. 23.

14.4.2000

EN

Official Journal of the European Communities

L 94/7

The annual appropriations shall be authorised by the budgetary
authority within the limits of the financial perspective.

Article 5

Article 3

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.

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

freedoms and international

law,

3.
The Commission shall pass information on its indicative
programme to the committee referred to in Article 7 (MED
Committee) and the EU-Turkey joint economic and social
committee.

Article 4

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

in

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, within the
limits established during the annual budget procedure by the
budgetary authority,
training or other
services, supplies and works, along with audits and evaluation
and monitoring missions.

technical assistance,

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 provide for the
recurring costs to be taken over by the beneficiaries.

A financial contribution from the partners defined in
4.
Article 3 shall be sought for each cooperation operation. The
contribution requested shall be within the means of the part-
ners concerned and shall depend on the nature of the opera-
tion.
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 Regula-
tion.

(a) support for the alignment of Turkish legislation with that
of the Community and assistance with the institutional
development connected with that adjustment;

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

(b) access to the single market, including development of the

requisite certification and quality instruments;

(c) assistance for

the liberalisation of capital movements

between the Community and Turkey;

(d) 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;

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

(f) cooperation in veterinary and plant-health matters;

(g) Turkish participation in a number of Community
programmes and agencies dealing with matters including
the environment, research, education, training and youth;

(h) cooperation on competition policy and consumer policy,

new technologies and the information society;

(i) cooperation on justice and home affairs;

(j) any form of cooperation seeking to defend and promote
democracy, the rule of law, human rights and the protec-
tion of minorities.

Article 6

1.
The Commission shall appraise, approve and administer
operations covered by this Regulation according to the budg-
etary procedures in force, and in particular those laid down in
the Financial Regulation of 21 December 1977 applicable to
the general budget of the European Communities (1).

Project and programme appraisal shall take into account

2.
the following factors:

(a) effectiveness and viability of operations;

(b) cultural, social, gender and environmental aspects;

(c) conservation and protection of the environment on the

basis of the principles of sustainable development;

(d) institutional development necessary to achieve project

goals;

(e) experience gained from operations of the same kind.

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

(1) OJ L 356, 31.12.1977, p. 1. Regulation as last amended by Regula-

tion (EC) No 2673/1999 (OJ L 326, 18.12.1999, p. 1).

L 94/8

EN

Official Journal of the European Communities

14.4.2000

The Commission shall inform the MED Committee 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 the
grant of aid to small, non-profit-making NGOs.

Provided that the overrun or additional requirement is
4.
not more than 20 % of the initial commitment fixed by the
financing decision, the Commission is authorised to approve,
without seeking the opinion of the MED Committee, any extra
commitments needed for covering expected or real cost over-
runs in connection with the operations.

Where the additional commitment referred to in the first
subparagraph is less than EUR 4 million, the MED Committee
shall be informed of the decision taken by the Commission.
Where the additional commitment is more than EUR 4 million
but less than 20 % of the initial commitment, the Committee's
opinion is required.

All financing agreements or contracts concluded under
5.
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.

6. Where operations are the subject of financing agreements
between the Community and Turkey, such agreements shall
stipulate that the payment of taxes, duties or any other 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 any natural or legal
person of the Member States and Turkey.

8.

Supplies shall originate in the Member States or Turkey.

Article 7

1.
The Commission shall be assisted by the committee set
up by Regulation (EC) No 1488/96 (1), referred to as the ‘MED
Committee’.

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply.

indicative programme for the operations to be carried out in
the year ahead,

in a meeting of the MED Committee.

The European Parliament shall be informed of the proposals
and of the outcome of the discussions.

Article 9

The Commission shall submit an annual report to the Euro-
pean Parliament and to the Council during the first quarter of
each year. This report shall contain at least the following:

(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 evaluations carried out,
where necessary, including those relating to specific opera-
tions;

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

contracts have been concluded.

Article 10

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
for improving the effectiveness of future operations.

The Commission shall submit
summary of the evaluations made, which the latter may,
necessary, examine.

to the MED Committee a
if

Evaluation reports shall be made available to any Member
States requesting them.

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at three months.

Article 11

3.

The Committee shall adopt its rules of procedure.

Article 8

An exchange of views shall take place, once a year, on the basis
of a presentation by the Commission's representative of the

(1) Council Regulation (EC) No 1488/96 of 23 July 1996 on financial
and technical measures
the reform of
economic and social structures in the framework of the Euro-Medi-
terranean partnership (OJ L 189, 30.7.1996, p. 1). Regulation as
amended by Regulation (EC) No 780/98 (OJ L 113, 15.4.1998,
p. 3).

to accompany (MEDA)

Not later than 30 June 2002, the Commission shall submit to
the European Parliament and the Council an overall assessment
of the operations financed by the Community under this Regu-
lation, together with suggestions regarding the future of this
Regulation and, where necessary, proposals for amending it.

Article 12

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

14.4.2000

EN

Official Journal of the European Communities

L 94/9

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

Done at Luxembourg, 10 April 2000.

For the Council

The President

J. GAMA