Council Regulation (EC) No 2382/2001 of 4 December 2001 amending Regulation (EC) No 1267/1999 establishing an Instrument for Structural Policies for Pre-Accession
Date: 2001-12-04
Institutions: Council of the European Union
Subjects: EU financial instrument, Structural Funds, accession to the European Union, enlargement of the Union, third country

7.12.2001

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Official Journal of the European Communities

L 323/1

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(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 2382/2001

of 4 December 2001

amending Regulation (EC) No 1267/1999 establishing an Instrument for Structural Policies for
Pre-Accession

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 (1),

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

Having regard to the opinion of the Economic and Social
Committee (3),

Following consultation of the opinion of the Committee of the
Regions,

Whereas:

(1)

(2)

(3)

(4)

(5)

The first measures to benefit from Community assis-
tance under the Instrument for Structural Policies for
Pre-Accession (ISPA) established by Regulation (EC) No
1267/1999 (4) were appraised and approved by the
Commission in the course of 2000.

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

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 benefi-
ciary countries to co-finance measures which fully meet
the conditions for eligibility and the objectives of ISPA.

financial

In order to allow or facilitate co-financing together with
international
private
sources, provision should 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.

institutions

and/or

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

(1) OJ C 180 E, 26.6.2001, p. 197.
(2) Opinion delivered on 20 September 2001 (not yet published in the

Official Journal).

(3) OJ C 221, 7.8.2001, p. 166.
(4) OJ L 161, 26.6.1999, p. 73.
(5) OJ L 356, 31.12.1977, p. 1. Regulation as last amended by Regula-
tion (EC, ECSC, Euratom) No 2673/1999 (OJ L 326, 18.12.1999, p.
1).

cases and with proper justification, it may be decided, on
the basis of the specific conditions laid down in the
basic instruments governing cooperation and in accord-
ance with the appropriate authorisation procedures, to
allow nationals of third countries to tender for contracts.
Regulation (EC) No 1267/1999 is such a basic instru-
ment.

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

A more precise definition of the concept of eligible
expenditure is required so as to allow co-financing of
ISPA measures by other sources of external aid.

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 (7).

(6)

(7)

(8)

(9)

The Treaty does not provide, for the adoption of this
Regulation, 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 shall be inserted:

‘Article 6a

Award of contracts

1.
In the case of measures for which the Community is
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).

(6) 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).

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

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Official Journal of the European Communities

7.12.2001

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.’

2. The following paragraph shall be added to Article 7:

‘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.’

The Commission shall be assisted by a committee,
‘1.
composed of representatives of
the Member States and
chaired by the representative of the Commission (hereinafter
referred to as “the Committee”). The European Investment
Bank shall appoint a non-voting representative.

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

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

3.
1999/468/EC shall be set at one month.’

Article 2

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

following:

This Regulation shall enter into force on the day of its publica-
tion in the Official Journal of the European Communities.

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

Done at Brussels, 4 December 2001.

For the Council

The President

D. REYNDERS