Proposal for a Council Regulation amending Regulation (EC) No 1267/1999 establishing an Instrument for Structural Policies for Pre-Accession (COM(2001) 110 final — 2001/0058(CNS))
Date: 2001-03-08
Institutions: European Commission
Subjects: EU financial instrument, Structural Funds, accession to the European Union, enlargement of the Union, third country

26.6.2001

EN

Official Journal of the European Communities

C 180 E/197

Proposal

for a Council Regulation amending Regulation (EC) No 1267/1999 establishing an

Instrument for Structural Policies for Pre-Accession

(2001/C 180 E/16)

COM(2001) 110 final (cid:151) 2001/0058(CNS)

(Submitted by the Commission on 8 March 2001)

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,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

Whereas:

the

(1) The first measures to benefit from Community assistance
under
for
for
Pre-Accession (ISPA) established by Council Regulation
(EC) No 1267/1999 (1) were appraised and approved by
the Commission in the course of 2000.

Instrument

Structural

Policies

(2) Certain provisions of Regulation (EC) No 1267/1999
should be amended in the light of experience acquired in
appraising and approving measures to be financed under
ISPA.

(3) Co-financing of measures

together with international
financial
institutions in particular and the use of private
financing are key elements of the functioning of ISPA. In
certain cases, access to sources of
financing other than
Community assistance is essential to allow the beneficiary
the
countries to co-finance measures which fully meet
conditions for eligibility and the objectives of ISPA.

(4) In order to allow or facilitate co-financing together with
institutions and/or private sources,
international financial
provision must be made for the possibility of derogating,
after examination on a case-by-case basis, from the general
rules on participation in invitations to tender and contracts
co-financed under ISPA.

(5) Article 114(2) of the Financial Regulation of 21 December
1977 applicable to the general budget of the European
Communities (2) stipulates that
in exceptional cases and

the

specific

conditions

with proper justification, it may be decided, on the basis
of
laid down in the basic
instruments governing cooperation and in accordance
with the appropriate authorisation procedures,
to allow
nationals of third countries to tender for contracts. Regu-
lation (EC) No 1267/1999 is such a basic instrument.

(6) In this connection, inspiration may usefully be drawn from
certain provisions applicable under the PHARE programme
established by Council Regulation (EEC) No 3906/89 of
18 December 1989 on economic aid to certain countries
of central and eastern Europe (3).

(7) A more precise definition of the concept of eligible expen-
diture is required to allow co-financing of ISPA measures
by other sources of external aid.

(8) The provisions of Regulation (EC) No 1267/1999 should
moreover be adapted to take account of Council Decision
1999/468/EC of 28 June 1999 laying down procedures for
the exercise of
implementing powers conferred on the
Commission (4).

(9) The Treaty does not provide, for the adoption of this Regu-

lation, powers other than those of Article 308,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1267/1999 is hereby amended as follows:

1. The following Article 6a is inserted:

(cid:145)Article 6a

Award of contracts

In the case of measures for which the Community is
1.
the sole source of external aid, participation in invitations to
tender and contracts shall be open on equal terms to all
natural and legal persons of the Member States and of the
countries referred to in the second subparagraph of Article
1(1).

(1) OJ L 161, 26.6.1999, p. 73.
(2) OJ L 356, 31.12.1977, p. 1. Regulation as last amended by Regu-
lation (EC, ECSC, Euratom) No 2673/1999 (OJ L 326, 18.12.1999,
p. 1).

(3) OJ L 375, 23.12.1989, p. 11. Regulation as last amended by Regu-

lation (EC) No 2666/2000 (OJ L 306, 7.12.2000, p. 1).

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

C 180 E/198

EN

Official Journal of the European Communities

26.6.2001

2.

Paragraph 1 shall also apply to co-financing.

In the case of co-financing, however, the participation of
third countries in invitations to tender and contracts may be
authorised by the Commission, after examination on a case-
by-case basis.(cid:146)

2. The following paragraph 8 is added to Article 7:

(cid:145)8. Where a measure is co-financed together with inter-
national financial institutions, expenditure meeting the rules
for eligibility referred to in paragraph 7 but carried out in
accordance with procedures appropriate to external sources
of financing other than Community assistance and borne by
those financial institutions may be used in calculating total
eligible expenditure for that measure.(cid:146)

3. Paragraphs 1, 2 and 3 of Article 14 are replaced by the

following:

chaired by the representative of the Commission (hereinafter
referred to as (cid:147)the Committee(cid:148)). The European Investment
Bank shall appoint a non-voting representative.

the
2. Where reference is made to this paragraph,
management procedure laid down in Article 4 of Decision
1999/468/EC shall apply,
in compliance with Article 7
thereof.

The period provided for in Article 4(3) of Decision

3.
1999/468/EC shall be one month.(cid:146)

Article 2

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

(cid:145)1.
composed of representatives of

The Commission shall be assisted by a committee,
the Member States and

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