Council Regulation (EC) No 382/2001 of 26 February 2001 concerning the implementation of projects promoting cooperation and commercial relations between the European Union and the industrialised countries of North America, the Far East and Australasia and repealing Regulation (EC) No 1035/1999
Date: 2001-02-26
Institutions: Council of the European Union
Subjects: EU programme, action programme, cooperation policy, industrialised country, third country, trade cooperation

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Official Journal of the European Communities

27.2.2001

COUNCIL REGULATION (EC) No 382/2001

of 26 February 2001

concerning the implementation of projects promoting cooperation and commercial relations
between the European Union and the industrialised countries of North America, the Far East and
Australasia and repealing Regulation (EC) No 1035/1999

THE COUNCIL OF THE EUROPEAN UNION,

(5)

Having regard to the Treaty establishing the European
Community, and in particular Article 133 and 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 promotion of cooperation and commercial relations
with the industrialised countries should be pursued
where it is in the mutual interest of the Community and
the partner country concerned.

The European Parliament has adopted various resolu-
tions on relations between the European Union and the
United States of America in 1994, 1998 and 1999. The
European Union and the United States of America
agreed to strengthen their relationship in the Transat-
lantic Declaration of 1990,
the New Transatlantic
Agenda of 1995, the Transatlantic Economic Partnership
of 1998 and the Bonn Declaration of 1999. The
common commercial policy should be complemented
by further dissemination of general knowledge through
more intensive dialogue between the actors in EU-US
relations.

The European Parliament has adopted a resolution and
the Economic and Social Committee an opinion on
relations between the European Union and Canada in
1996, calling for closer relations with Canada. The Euro-
pean Communities and Canada signed a Framework
Agreement
for commercial and economic coopera-
tion (2) in 1976 and a Declaration on EC-Canada rela-
tions in 1990, and agreed to strengthen their relation-
ship in the Joint Action Plan and the Joint Political
Declaration of 1996. EU-Canada relations have become
more diversified and Canada is a key partner in multilat-
eral trade areas and in issues relating to global challenges
and the Common Foreign and Security Policy. It is there-
fore necessary to further strengthen these relations by
means of an intensified process of consultation and
cooperation on an increasing number of issues.

(4)

Activities covered by specific instruments, such as the
Agreements between the Community and the United
States of America and between the Community and
Canada establishing programmes for cooperation in
higher education and training, shall be complemented
and not affected by this Regulation.

The European Union and Japan decided to intensify their
dialogue and to strengthen their cooperation and part-
nership in the Joint Declaration of 1991. The European
Parliament has adopted a Resolution on the Communi-
cation from the Commission to the Council on ‘Europe
and Japan: the next steps’ (3). The Council's conclusions
to the Commission's Communication on Japan recog-
nised the distinct and specific problems of market access
in Japan. The Council considered that priority should be
given to improving access to the Japanese market. In the
light of this, the Council adopted Council Regulation
(EC) No 1035/1999 of 11 May 1999 on implementa-
tion by the Commission of a programme of specific
measures and actions to improve access of European
Union goods and cross-border services to Japan (4). This
Regulation will expire on 31 December 2001. The
results evaluating the Commission programme described
above have shown the usefulness and effectiveness of
the programme.
is therefore deemed necessary to
continue implementing the Commission programmes
described in the said Regulation. This Regulation is
without prejudice to the Council Decision 92/278/EEC
of 18 May 1992 on the consolidation of the EC-Japan
Industrial-Cooperation (5) which remains
Centre
valid. Regulation (EC) No 1035/1999 should be repealed
and replaced by this Regulation.

for

It

(6)

(7)

(8)

Bilateral cooperation in economic and other areas with
the Republic of Korea should be enhanced in accordance
with the principles of the Framework Agreement on
Trade and Cooperation with Korea, the European Parlia-
ment's opinion, and the Council's Conclusions on the
Korean Peninsula. The European Union should support
market principles in Korea and promote the removal of
existing barriers to trade and investment.

The European Union and Australia agreed to strengthen
their relationship and to cooperate across the many
areas in which they have shared interests in the Joint
Declaration of 1997. With a view to further strengthen
these relations, an intensified process of consultation
and cooperation on an increasing number of bilateral
issues is necessary.
and international

The European Union and New Zealand agreed in the
Joint Declaration of 1999 to strengthen their relation-
ship and cooperation based on broadly shared interest to
the mutual benefit of their peoples, and to endow their
mutual relations with a long term perspective.

(1) Opinion delivered on 31 January 2001 (not yet published in the

Official Journal).

(2) OJ L 260, 24.9.1976, p. 2.

(3) OJ C 304, 6.10.1997, p. 119.
(4) OJ L 127, 21.5.1999, p. 1.
(5) OJ L 144, 26.5.1992, p. 19.

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(9)

There are currently a large number of small budget lines
from which the various Community actions with regard
to the promotion of cooperation and commercial rela-
tions vis-à-vis the industrialised countries referred to in
this Regulation are financed. Some budgetary appropria-
tions were made available under these different budget
lines for the financing of pilot schemes and preparatory
actions. After two years experience with these pilot
schemes and preparatory actions the measures imple-
mented up to now have proved their usefulness and
demonstrated the need for continuation as regular activi-
ties. The Community must have the necessary means at
its disposal on a regular basis to be able to implement
such measures in the future.
is therefore deemed
necessary, for the sake of efficiency, rationalisation and
continuation,
line for
funding the activities referred to in this Regulation. This
must not, however, affect the transparency of the use of
these budget lines necessary for the monitoring proced-
ures of the European Parliament.

to establish a single budget

It

(10)

(11)

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
implementing
down procedures for
powers conferred on the Commission (1).

the exercise of

It is the primary responsibility of Member States to
design and implement programmes of measures and
actions to support the efforts of their exporters to build
up a commercial presence in foreign markets.

(12) Member States' activities in promoting their exports of
to third country

goods and cross-border
markets should not be affected by this Regulation.

services

(13)

(14)

The Commission should cooperate with Member States
and targeted
to implement
programme of measures and actions that complement
and bring added value to the efforts undertaken by
Member States in the Japanese market.

coherent

specific,

a

Part of the activities falling within the scope of this
Regulation are covered by Article 133 of the Treaty; for
the other activities, the Treaty does not provide for
powers other than those in Article 308 thereof.

(15)

This Regulation is to expire on 31 December 2005,

(hereinafter referred to as ‘Korea’), Australia and New Zealand,
hereinafter referred to as ‘the partner countries’.

Article 2

The amount of Community funding deemed necessary for the
implementation of the actions identified in this Regulation will
be established by the budget authority on an annual basis.

Article 3

Cooperation

Actions to promote cooperation shall be used to support the
objectives laid down in the various bilateral instruments in this
field between the European Union and the partner countries, in
order to create a more favourable environment for the conduct
and further development of the relations between the European
Union and the partner countries.

Article 4

Community financing in the field of cooperation shall cover, in
particular, the following types of activities:

(a) education and information of the public on the bilateral
relations between the European Union and the partner
countries, with particular reference to decision makers,
opinion formers and other multipliers;

(b) strengthening cultural, academic and people-to-people

links;

(c) promotion of the dialogue between political, economic and
organisations

non-governmental

partners

social
(NGOs) in various relevant sectors;

and

(d) research work and studies destined to provide input to the
Commission's work, with a view to further develop bilat-
eral relations;

(e) cooperative projects in science and technology, energy,

transport and environmental matters;

(f) enhancing customs cooperation between the European

Union and the partner countries;

(g) enhancing the visibility of

the European Union in the

HAS ADOPTED THIS REGULATION:

partner countries;

Article 1

(h) pilot schemes, which could subsequently lead to new

regular activities to be financed.

The Community shall continue to implement actions
to
promote cooperation and commercial relations between the
Community and the industrialised countries of North America,
the Far East and Australasia.

For the purpose of this Regulation, the industrialised countries
of North America, the Far East and Australasia shall comprise
of the United States, Canada, Japan, the Republic of Korea

(1) OJ L 184, 17.7.1999, p. 3.

Article 5

The financing of cooperation projects will be made from the
Community's budget either in totality or will take the form of
co-financing with other sources in the partner countries and/or
the European Union. When implementing Article 4,
the
Commission shall ensure that
the cooperation projects are
legally and substantially coherent with activities financed under
other relevant policies of the Community.

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Article 6

3.

The Committee shall adopt its rules of procedure.

Commercial relations

1.
In cooperation with Member States, who are primarily
responsible for the design and implementation of programmes
and actions to promote the exports of Community goods and
cross-border services in third country markets, the Community
shall implement a specific, coherent and targeted programme
of measures and actions that complement and bring added
value to the efforts undertaken by Member States and other
European Union public bodies in the Japanese market.

The activities of Member States to draw up and implement
policies, programmes and arrangements to promote their
exports of goods and cross-border services to third country
markets shall not be affected by this Regulation.

2.
Community financing in this field shall cover, in partic-
ular, the recruitment, training, pre-mission preparation and
participation of groups of European business executives,
notably from small and medium-sized enterprises (SMEs), to
participate in actions in Japan aimed at
improving their
commercial presence on the Japanese market (the ‘Gateway to
Japan’ campaign).

3.
In addition to the measure referred to in paragraph 2,
support may be given to the following actions and measures,
where appropriate:

(a) the collection of information and policy advice on trade

related issues with Japan;

(b) conferences and seminars to promote trade and investment

relations between the European Union and Japan;

(c) high-level business missions to address specific market

access issues in Japan;

(d) special actions that facilitate access to the Japanese market

by Community enterprises, notably SMEs.

4. When implementing paragraph 3, the Commission shall
ensure the full compatibility of specific activities with the poli-
cies of the Community and the Member States.

Article 7

financing shall

training
Community
programmes to build up pools of European executives able to
communicate and operate in the Japanese and Korean business
environments (‘Executive Training Programmes’).

to cover

continue

4.
The European Parliament shall be briefed on a regular
basis by the Commission about the work of the Committee. To
it will receive the agendas of the meetings of the
this end,
Committee, the draft measures put to the Committee for the
implementation of the projects, the results of votes and the
summaries of discussions in the meetings.

Article 10

1.
The Commission shall provide, on request by any actor in
the Community and in the partner countries, comprehensive
documentation and all necessary information on programmes
and on the conditions of participation.

The results of the invitation to tender including informa-
2.
tion on the number of received tenders, the date of the award
of the contract, the name and the address of the successful
tenderers, shall be published on the Internet. They will also be
communicated on a regular basis to the European Parliament.

Article 11

The Commission shall submit to the European Parliament and
the Council every two years a report on the implementation of
this Regulation. The report shall set out the results of imple-
mentation of
the actions and
programmes financed during the year.

the budget and present

In addition,
the Commission shall evaluate actions and
programmes financed under this Regulation in order to estab-
lish whether they have achieved their objectives. This evalu-
ation shall be made within three years of the entry into force of
the Regulation. Where necessary, evaluation reports shall also
take account of contractual obligations and principles of sound
management and shall include the results of a cost effectiveness
analysis.

A limited proportion of the annual budget shall be used to
finance evaluation studies of
the actions and programmes
undertaken within the framework of this Regulation.

Article 12

Article 8

1.

Regulation (EC) No 1035/1999 is hereby repealed.

The measures necessary for the implementation of Articles 6
and 7 shall be adopted in accordance with the advisory proce-
dure set out in Article 9.

Any reference to the repealed Regulation shall be deemed

2.
to be a reference to this Regulation.

Article 9

Implementing procedures

1.

The Commission shall be assisted by a Committee.

Article 13

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

2. Where reference is made to this paragraph, Articles 3 and
7 of Decision 1999/468/EC shall apply.

It shall expire on 31 December 2005.

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

Done at Brussels, 26 February 2001.

For the Council

The President

A. LINDH