Regulation (EC) No 669/2004 of the European Parliament and of the Council of 31 March 2004 amending Council Regulation (EC) No 1734/94 on financial and technical cooperation with the West Bank and the Gaza Strip
Date: 2004-03-31
Institutions: Council of the European Union, European Parliament
Subjects: EU financing, Palestine question, West Bank question, financial cooperation, technical cooperation

14.4.2004

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Official Journal of the European Union

L 105/1

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(Acts whose publication is obligatory)

REGULATION (EC) No 669/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 31 March 2004

amending Council Regulation (EC) No 1734/94 on financial and technical cooperation with the
West Bank and the Gaza Strip

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

(5)

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 179 thereof,

Having regard to the proposal from the Commission,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (1),

interests (3)

Council Regulation (EC, Euratom) No 2988/95 of 18
the European
December 1995 on the protection of
establishes
a
financial
Communities'
the
the fields of
framework for all
common legal
Communities' own resources and expenditure. 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 (4) applies to all areas of the
Communities' activity without prejudice to the provi-
sions of Community rules specific to different policy
areas.

Whereas:

(6)

Regulation (EC) No 1734/94 should therefore be
amended accordingly,

All efforts should be made to prevent any further dete-
rioration of the Palestinian economy by contributing to
the sound management and budgetary equilibrium of
the Palestinian Authority and to consolidate
that
Authority by means of institutional reinforcement.

Requirements for financial aid will continue to be gener-
ated in the territories of the West Bank and the Gaza
Strip as a result of recent developments in the Middle
East Peace Process.

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1734/94 shall be amended as follows:

The Community should therefore pursue its aid effort
pursuant to Council Regulation (EC) No 1734/94 (2).

1. Article 1 is replaced by the following:

‘Article 1

(1)

(2)

(3)

(4)

Regulation (EC) No 1734/94 should be reviewed by the
European Parliament and the Council before the end of
2005 in order to take account of developments in the
area, in particular with regard to the implementation of
the roadmap for peace (Elements of a performance-based
road map to a permanent
two-state solution to the
Israeli-Palestinian conflict).

(1) Opinion of the European Parliament of 29 January 2004 (not yet
published in the Official Journal) and Council Decision of 11 March
2004.

(2) OJ L 182, 16.7.1994, p. 4. Regulation as last amended by Regu-
lation (EC) No 1882/2003 of the European Parliament and of the
Council (OJ L 284, 31.10.2003, p. 1).

1.
The Community shall implement financial and tech-
nical cooperation with the West Bank and the Gaza Strip
with the aim of aiding their achievement of sustainable
economic, political and social development. If circumstances
allow,
implementation shall be based on pluri-annual
programmes.

2.
The Commission shall provide a report reviewing this
Regulation by 31 December 2005 at the latest, taking into
account recent developments in the area.’;

(3) OJ L 312, 23.12.1995, p. 1.
(4) OJ L 292, 15.11.1996, p. 2.

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Official Journal of the European Union

14.4.2004

2. Article 2 is amended as follows:

3. In Article 4, the following paragraph shall be added:

(a) the following paragraph shall be inserted after paragraph

3:

The beneficiaries of

‘3a.
support measures may
include not only States and regions but also local autho-
rities, regional organisations, public agencies,
local or
traditional communities, organisations supporting busi-
ness, private operators, cooperatives, mutual societies,
associations, foundations and non-governmental organi-
sations.’;

(b) the following paragraph shall be added after paragraph

6:

Invitations to tender and contract shall be open
‘7.
on equal terms to all natural and legal persons in the
Member States and the Mediterranean partners as
defined in Annex I to Council Regulation (EC) No 1488/
96 of 23 July 1996 on financial and technical measures
the reform of economic and
to accompany (MEDA)
social structures in the framework of the Euro-Mediter-
ranean partnership (*).

the

European Anti-Fraud Office

Financing decisions and any financing agreements and
‘5.
contracts resulting therefrom shall provide,
inter alia, for
supervision and financial control by the Commission
(including
(OLAF)),
including on-the-spot checks and inspections in conformity
with Council Regulation (Euratom, EC) No 2185/96 (*) and
audits by the Court of Auditors, where appropriate, to be
carried out on the spot. Measures shall be taken in accord-
ance with the procedure set out in Article 5 in order to
provide for adequate protection of the European Commu-
nities' financial interests in conformity with Council Regu-
lation (EC, Euratom) No 2988/95 (**). Where necessary,
investigations shall be conducted by the OLAF and shall be
governed by European Parliament and Council Regulation
(EC) No 1073/1999 (***).

(*) OJ L 292, 15.11.1996, p. 2.
(**) OJ L 312, 23.12.1995, p. 1.
(***) OJ L 136, 31.5.1999, p. 1.’

Article 2

(*) OJ L 189, 30.7.1996, p. 1. Regulation as last
amended by Regulation (EC) No 2698/2000 (OJ L
311, 12.12.2000, p. 1).’

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

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

Done at Strasbourg, 31 March 2004.

For the European Parliament

The President

P. COX

For the Council

The President

D. ROCHE