Proposal for a Council Decision concerning the Community contribution to the International Fund " Clearance of the Fairway of the Danube"
Date: 2000-05-24
Institutions: European Commission
Subjects: Austria, EU financing, inland waterway shipping, project evaluation, watercourse

24.4.2001

EN

Official Journal of the European Communities

C 120 E/1

II

(Preparatory Acts)

COMMISSION

Proposal for a Council Decision concerning the Community contribution to the International Fund
(cid:145)Clearance of the Fairway of the Danube(cid:146)

(2001/C 120 E/01)

COM(2000) 317 final (cid:151) 2000/0125(CNS)

(Submitted by the Commission on 26 May 2000)

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 from the Commission,

Having regard to the opinion of the European Parliament,

Whereas:

(1) The debris of bridges over the Danube, destroyed during
the Kosovo conflict, as well as the risk of unexploded
ordnance,
is blocking navigation between km 1 253 and
1 258 of the Danube river; the consequent interruption
of navigation on the Danube has had serious economic
and environmental consequences throughout the region,
and in particular on all riparian States.

(2) The Danube Commission, as an inter-governmental insti-
tution established by the 1948 Belgrade Convention,
is
responsible for navigation on the Danube; Member States
of the Danube Commission, at their extraordinary session
in Budapest on 25 January 2000, adopted a project
proposal (cid:145)Clearance of the Fairway of the Danube(cid:146) which
the Danube Commission then presented to the Commission
for
the
restoration of a navigation channel by means of removal
of debris and unexploded ordnance,
followed by the
restoration of the river bed of the Danube in the related
area.

this project proposal

consideration;

covers

the Fairway of

(3) For the purpose of implementing this project, an (cid:145)Inter-
national Fund for the Clearance of
the
Danube(cid:146) has been established in Vienna by the Danube
this will be administered by the Danube
Commission;
Commission in accordance with the purpose of the Fund
as stated in its Rules and in full compliance with the
Community’s relevant financial and procurement policies,
as well as the sanctions regime applicable against
the
Federal Republic of Yugoslavia.

(4) The European Community agrees to make a contribution
of up to 85 % of the total estimated cost of the project, to a
maximum of EUR 22 million, the remainder to be met by
the Danube Commission and its member States.

(5) The Community contribution will be paid into the inter-
national fund; The Community contribution to the inter-
national
fund shall be administered by the Danube
Commission in accordance with the principles of sound
and efficient management.

(6) The Treaty does not provide,

for the action concerned,

powers other than those laid down in Article 308,

HAS DECIDED AS FOLLOWS:

Article 1

1.
The Community shall contribute to the International
Fund to be established by the Danube Commission for the
Clearance of the Fairway of the Danube, in accordance with
the Rules of this Fund, an amount of up to a maximum of
EUR 22 million, covering up to 85 % of the total estimated
cost of the project, to be paid during 2000, for the implemen-
tation of the project (cid:145)Clearance of the Fairway of the Danube(cid:146).

2.
This contribution to the Fund, to be made by means of
an Exchange of Letters between the European Commission and
the Danube Commission, shall be administered in accordance
with the Financial Regulation (1) of 21 December 1977
applicable to the general budget of the European Communities,
with particular regard for the principles of sound and efficient
management.

The Community contribution is subject to the condition
3.
that
in managing this Fund and
the Danube Commission,
implementing the project referred to in paragraph 1 above,
fully complies with the Community’s procurement rules and
the Community’s sanctions regime as applicable to the Federal
Republic of Yugoslavia.

(1) Financial Regulation of 21 December 1977 applicable to the general
budget of the European Community, as last amended by Council
Regulation (EC, ECSC, Euratom) No 2548 of 23 November 1998.

C 120 E/2

EN

Official Journal of the European Communities

24.4.2001

The Procurement Policies and Rules shall provide for
4.
participation in invitations to tender and contracts, open on
equal terms to all natural and legal persons in the EU Member
States and in the beneficiary States of
the Community’s
Obnova and Phare Regulations as well as Moldova, Russia
and Ukraine. Without prejudice to paragraph 5,
the Legal
Representative of the Fund may, in exceptional circumstances,
where the goods and services required cannot be procured in
these States on economically favourable terms, allow, on a case
by case basis, participation in invitations to tender by, and
conclude contracts with, nationals and companies of
third
countries.

5.
The operation of the Fund and the implementation of the
project shall comply with the Community’s sanctions regime in
respect of the Federal Republic of Yugoslavia, and in particular
with the prohibition against making funds available to the
Governments of
the Federal Republic of Yugoslavia and of
the Republic of Serbia, as defined in Council Regulation (EC)
No 1294/1999, as
last amended by Regulation (EC) No
723/2000 (1), as amended from time to time.

of Auditors may wish to receive as regards the financial
operation of the international fund.

Insofar as contributions by the European Community are
2.
financing agreements or contracts concluded
concerned, all
under the International Fund will provide for the European
Commission, OLAF, and the European Court of Auditors to
conduct on-the-spot checks according to the usual procedures
laid down by the European Commission under the rules in
the Financial Regulation
those of
force, and in particular
applicable to the general budget of the European Community.

In addition, insofar as contributions to the International
3.
the
Fund by the European Community are
European Commission may carry out on-the-spot checks and
inspections in order
the European Community
financial interest against fraud and irregularities in conformity
with Regulation (Euratom, EC) No 2185/96 of 11 November
1996 and Regulation (EC, Euratom) No 2988/95 of 18
December 1995.

concerned,

to protect

Article 2

Article 3

The Commission will forward all relevant information to
1.
the Court of Auditors and will request
from the Danube
Commission any supplementary information that the Court

The Commission shall submit an annual progress report on the
implementation of
fund to the European
Parliament and the Council.

the international

(1) OJ L 86, 7.4.2000, p. 1.