2000/474/EC: Council Decision of 17 July 2000 concerning the Community contribution to the International Fund 'Clearance of the Fairway of the Danube'
Date: 2000-07-17
Institutions: Council of the European Union
Subjects: EU aid, Kosovo, dredging, inland waterway shipping, terms for aid, watercourse

26.7.2000

EN

Official Journal of the European Communities

L 187/45

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 17 July 2000

concerning the Community contribution to the International Fund ‘Clearance of the Fairway of the
Danube’

(2000/474/EC)

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 (1),

Whereas:

(1)

(2)

(3)

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 1 235
and 1 258 of the Danube river; the consequent interrup-
tion of navigation on the Danube has had serious
economic and environmental consequences throughout
the region, and in particular on all riparian States.

the Danube Commission, at

The Danube Commission, as an inter-governmental
institutional established by the 1948 Belgrade Conven-
is responsible for navigation on the Danube;
tion,
Member States of
their
extraordinary session in Budapest on 25 January 2000,
adopted a project proposal ‘Clearance of the Fairway of
the Danube’ which the Danube Commission then
preented to the Commission for consideration;
this
project proposal covers 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.

For the purpose of implementing this project, an ‘Inter-
national Fund for the Clearance of the Fairway of the
Danube’ has been established in Vienna by the Danube
Commission. The International Fund will be adminis-
tered by the Danube Commission in accordance with the

(1) Opinion delivered on 5.7.2000 (not yet published in the Official

Journal).

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
(FRY).

The 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.

The Community contribution will be paid into the Inter-
national Fund. The Community contribution to the
International Fund shall be administered by the Danube
Commission in accordance with the principles of sound
and efficient management.

The operations covered by this Decision fit into the
framework of Community efforts
the
consequences of the Kosovo conflict and are necessary
to attain one of the objectives of the Community. The
for the action concerned,
Treaty does not provide,
powers other than those laid down in Article 308,

to alleviate

(4)

(5)

(6)

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 implementation of the
project ‘Clearance of the Fairway of the Danube’.

L 187/46

EN

Official Journal of the European Communities

26.7.2000

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

3.
The Community contribution is subject to the condition
that the Danube Commission, in managing the International
Fund and implementing the project referred to in paragraph 1,
fully complies with the Community's procurement rules and
the Community's sanctions regime applicable against the FRY.

4.
The Procurement Policies and Rules shall provide for
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 International Fund may, in exceptional
circumstances, where the goods and services required cannot
be produced 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 compa-
nies of third countries.

5.
The operation of the International Fund and the imple-
mentation of the project shall comply with the Communitys
sanctions regime against the FRY, and in particular with the
prohibition against making funds available to the Governments
of the FRY and of the Republic of Serbia, as defined in Council
Regulation (EC) No 1294/1999 of 15 June 1999 concerning a
freeze of Funds and a ban on investment in relation to the
Federal Republic of Yugoslavia (FRY) (2).

Article 2

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

Auditors may wish to receive as regards the financial operation
of the International Fund.

Insofar

the Community

as Contribution by

2.
are
concerned, all financing Agreements or contracts concluded
under the International Fund will provide for the Commission,
OLAF, 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 Community.

3.
In addition, insofar as Contribution to the International
Fund by the Community are concerned, the Commission may
carry out on-the-spot checks and inspections in order to
interests against fraud and
protect the Community financial
irregularities in conformity with Council Regulation (Euratom,
EC) No 2185/96 of 11 November 1996 concerning on-the-
spot checks and inspections carried out by the Commission in
order to protect the European Communities' financial interests
against fraud and other irregularities (3) and Council Regulation
(Euratom, EC) No 2988/95 of 18 December 1995 on the
protection of the European Communities Financial interests (4).

Article 3

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

the international

This Decision shall take effect on the day of its publication.

Article 4

Done at Brussels, 17 July 2000.

For the Council

The President

L. FABIUS

(1) OJ L 356, 31.12.1977, p. 1. Financial Regulation as last amended
by Council Regulation (EC, ECSC, Euratom), No 2548/98 of 23
November 1998 (OJ L 320, 28.11,1998, p. 1).
(2) OJ L 153, 19.6.1999, p. 63. Regulation as

last amended by
Commission Regulation (EC) No 1147/2000 (OJ L 129, 30.5.2000,
p. 15).

(3) OJ L 292, 15.11.1996, p. 2.
(4) OJ L 312, 23.12.1995, p. 1 and Corrigendum (OJ L 36, 10.2.1998,

p. 16).