Council Regulation (EC) No 769/2004 of 21 April 2004 amending Regulations (EEC) No 3906/89, (EC) No 555/2000, (EC) No 2500/2001, (EC) No 1268/1999 and (EC) No 1267/1999 in order to allow the Stabilisation and Association Process countries to participate in tenders organised under the pre-accession Community assistance programmes
Date: 2004-04-21
Institutions: Council of the European Union
Subjects: EU programme, accession to the European Union, economic aid, invitation to tender

27.4.2004

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Official Journal of the European Union

L 123/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 769/2004

of 21 April 2004

amending Regulations (EEC) No 3906/89, (EC) No 555/2000, (EC) No 2500/2001, (EC) No 1268/
1999 and (EC) No 1267/1999 in order to allow the Stabilisation and Association Process countries
to participate in tenders organised under the pre-accession Community assistance programmes

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular the first sentence of Article 181a(2)
thereof,

21 June 1999 establishing an instrument for structural
policies for pre-accession (6) should be amended accord-
ingly,

Having regard to the proposal from the Commission,

HAS ADOPTED THIS REGULATION:

Having regard to the opinion of the European Parliament (1),

Article 1

Whereas:

Regulation (EEC) No 3906/89 is hereby amended as follows:

(1)

(2)

On 20 June 2003 the European Council in Thessaloniki
the Western
endorsed ‘The Thessaloniki agenda for
Balkans: Moving towards European Integration’, and
invited the Commission to consider taking appropriate
measures to allow Stabilisation and Association Process
countries to participate in tenders organised under the
pre-accession (Phare, ISPA and Sapard) Community assis-
tance programmes.

Therefore, Council Regulations (EEC) No 3906/89 of 18
December 1989 on economic aid to certain countries of
central and eastern Europe (2), (EC) No 555/2000 of 13
March 2000 on the implementation of operations in the
framework of the pre-accession strategy for the Republic
of Cyprus and the Republic of Malta (3), (EC) No 2500/
2001 of 17 December 2001 concerning pre-accession
financial assistance for Turkey (4), (EC) No 1268/1999 of
21 June 1999 on Community support for pre-accession
measures for agriculture and rural development in the
applicant countries of central and eastern Europe in the
pre-accession period (5) and (EC) No 1267/1999 of

(1) Opinion of 9 March 2004 (not yet published in the Official

Journal).

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

lation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

(3) OJ L 68, 16.03.2000, p. 3. Regulation as amended by Regulation

(EC) No 2500/2001 (OJ L 342, 27.12.2001, p. 1).

(4) OJ L 342, 27.12.2001, p. 1.
(5) OJ L 161, 26.6.1999, p. 87. Regulation as last amended by Regu-

lation (EC) 696/2003 (OJ L 99, 17.4.2003. p. 24).

Article 7 is replaced by the following:

‘Article 7

Participation in invitations to tender and contracts
1.
shall be open on equal
terms to all natural and legal
persons from the Member States coming within the scope
of the Treaties, from candidate countries for accession to
the European Union as well as from countries benefiting
from assistance in accordance with Council Regulation (EC)
No 2666/2000 of 5 December 2000 on assistance for
the Federal
Albania, Bosnia and Herzegovina, Croatia,
Republic of Yugoslavia and the former Yugoslav Republic
of Macedonia (*). The contracting authority may, in duly
substantiated cases and on a case-by-case basis, authorise
the participation of natural and legal persons from third
countries in invitations to tender and contracts.

2.
Supplies shall, within the scope of the Treaties, origi-
nate in the Member States, in candidate countries for acces-
sion to the European Union or in countries benefiting from
assistance in accordance with Regulation (EC) No 2666/
2000. In duly substantiated cases and on a case-by-case
basis, the contracting authority may give derogation from
this requirement.

(*) OJ L 306, 7.12.2000, p. 1. Regulation as last amended
by Regulation (EC) No 2415/2001 (OJ L 327,
13.12.2001, p. 3).’

(6) OJ L 161, 26.6.1999, p. 73. Regulation as last amended by Regu-

lation (EC) 2500/2001 (OJ L 342, 27.12.2001, p. 1).

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Article 2

Regulation (EC) No 555/2000 is hereby amended as follows:

In Article 7, paragraphs 9 and 10 are replaced by the
following:

Participation in invitations to tender and contracts
‘9.
shall be open on equal
terms to all natural and legal
persons from the Member States coming within the scope
of the Treaties, from candidate countries for accession to
the European Union as well as from countries benefiting
from assistance in accordance with Council Regulation (EC)
No 2666/2000 of 5 December 2000 on assistance for
the Federal
Albania, Bosnia and Herzegovina, Croatia,
Republic of Yugoslavia and the former Yugoslav Republic
of Macedonia (*). The contracting authority may,
in duly
substantiated cases and on a case-by-case basis, authorise
the participation of natural and legal persons from third
countries in invitations to tender and contracts.

Supplies shall, within the scope of

10.
the Treaties,
originate in the Member States, in candidate countries for
accession to the European Union or in countries benefiting
from assistance in accordance with Regulation (EC) No
2666/2000. In duly substantiated cases and on a case-by-
case basis, the contracting authority may give derogation
from this requirement.

(*) OJ L 306, 7.12.2000, p. 1. Regulation as last amended
by Regulation (EC) No 2415/2001 (OJ L 327,
13.12.2001, p. 3).’

Article 3

fiting from assistance pursuant to Regulation (EC) No
1488/96 and pursuant to Regulation (EC) No 2666/
2000. In duly substantiated cases and on a case-by-case
basis, the contracting authority may give derogation
from this requirement.

(*) 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).

(**) OJ L 306, 7.12.2000, p. 1. Regulation as amended
by Regulation (EC) No 2415/2001 (OJ L 327,
13.12.2001, p. 3).’

(b) paragraph 8 is deleted.

Article 4

Regulation (EC) No 1268/1999 is hereby amended as follows:

In Article 3, paragraph 3 is replaced by the following:

‘3.
Natural and legal persons from Cyprus, Malta and
Turkey as well as from the countries benefiting from assis-
tance pursuant to Council Regulation (EC) No 2666/2000
of 5 December 2000 on assistance for Albania, Bosnia and
Herzegovina, Croatia, the Federal Republic of Yugoslavia
and the former Yugoslav Republic of Macedonia (*) may
participate in invitations to tender and contracts on the
same terms that apply to all natural and legal persons from
the Member States coming within the scope of the Treaties
and the beneficiary countries.

(*) OJ L 306, 7.12.2000, p. 1. Regulation as amended by
Regulation (EC) No 2415/2001 (OJ L 327, 13.12.2001,
p. 3).’

Regulation (EC) No 2500/2001 is hereby amended as follows:

Article 5

In Article 8:

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

(a) paragraph 7 is replaced by the following:

In Article 6a, paragraph 1 is replaced by the following:

to tender

Participation

‘7.
and
in invitations
contracts shall be open on equal terms to all natural
and legal persons from the Member States coming
within the scope of the Treaties, from candidate coun-
tries for accession to the European Union and countries
benefiting from assistance in accordance with Council
Regulation (EC) No 1488/96 of 23 July 1996 on finan-
cial and technical measures to accompany (MEDA) the
reform of economic and social structures in the frame-
work of the Euro-Mediterranean partnership (*) and in
accordance with Council Regulation (EC) No 2666/
2000 of 5 December 2000 on assistance for Albania,
Bosnia and Herzegovina, Croatia, the Federal Republic
of Yugoslavia and the former Yugoslav Republic of
Macedonia (**). The contracting authority may, in duly
substantiated cases
case-by-case basis,
and on a
authorise the participation of natural and legal persons
to tender and
from third countries
contracts.

in invitations

‘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 coming
within the scope of
the countries
referred to in the second subparagraph of Article 1(1), as
well as of countries benefiting from assistance pursuant to
Council Regulation (EC) No 2666/2000 of 5 December
2000 on assistance for Albania, Bosnia and Herzegovina,
Croatia, the Federal Republic of Yugoslavia and the former
Yugoslav Republic of Macedonia (*).

the Treaties and of

(*) OJ L 306, 7.12.2000, p. 1. Regulation as amended by
Regulation (EC) No 2415/2001 (OJ L 327, 13.12.2001,
p. 3).’

Article 6

Supplies shall, within the scope of the Treaties, origi-
nate in the Member States, in candidate countries for
accession to the European Union or in countries bene-

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

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

Done at Luxembourg, 21 April 2004.

For the Council

The President

J. WALSH