Proposal for a Council Decision outlining the general approach for the reallocation of resources under Regulation (EC) No 1267/1999 establishing an Instrument for Structural Policies for Pre-accession
Date: 2004-05-19
Institutions: European Commission
Subjects: Bulgaria, EU financial instrument, EU financing, Romania, accession to the European Union

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 19.5.2004 
COM(2004) 381 final 

Proposal for a 

COUNCIL DECISION 

outlining the general approach for the reallocation of resources under Regulation (EC) 
No 1267/1999 establishing an Instrument for Structural Policies for Pre-accession  

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

The Copenhagen European Council of 12 and 13 December 2002 endorsed the results of the 
negotiations which will result in the accession to the Community in 2004 of eight countries 
the  provisions  of  Council  Regulation  (EC)  1267/1999. 
currently  benefiting  from 
Consequently, during the period from 2004 to 2006, only Bulgaria and Romania will continue 
to benefit from commitments under that Regulation. 

Furthermore,  by  endorsing  the  roadmaps  for  Bulgaria  and  Romania  proposed  by  the 
Commission  [COM(2002)624  final],  the  Copenhagen  European  Council  agreed  to  a 
significant increase in pre-accession assistance. As regards the increase of financial resources, 
the  European  Parliament  and  the  Council  decided  on  19  May  2003  to  adjust  the  financial 
perspectives for enlargement (OJ L 147, 14 June 2003, page 25).  

In relation to the division of the financial allocation between Romania and Bulgaria there is 
still  a  need  to  adopt  a  legally  binding  act.  In  the  case  of  ISPA  this  act  shall  be  adopted  in 
accordance with Article 15, second subparagraph of Council Regulation (EC) No 1267/1999, 
which  provides  that:  “The  Council  acting  by  qualified  majority  on  a  proposal  from  the 
Commission, shall take a decision outlining the general approach for reallocation”. 

Therefore, the Council is requested to adopt the attached draft proposal for a Council Decision 
outlining the general approach for the reallocation of the available financial resources for the 
ISPA  instrument  between  Romania  and  Bulgaria,  as  provided  for  by  Article  15  of  Council 
Regulation (EC) 1267/1999. 

EN 

2 

   EN 

 
Proposal for a 

COUNCIL DECISION 

outlining the general approach for the reallocation of resources under 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,  

Having  regard  to  Council  Regulation  No  1267/1999  of  21  June  1999  establishing  an 
Instrument for Structural Policies for Pre-accession1, and in particular the second paragraph of 
Article 15 thereof, 

Having regard to the proposal from the Commission2, 

Whereas: 

(1) 

(2) 

The Copenhagen European Council of 12 and 13 December 2002 endorsed the results 
of  the  negotiations  which  will  result  in  the  accession  to  the  Community  in  2004  of 
eight  countries  currently  benefiting  from  the  provisions  of  Council  Regulation  (EC) 
1267/1999.  Consequently,  during  the  period  from  2004  to  2006,  only  Bulgaria  and 
Romania will continue to benefit from commitments under that Regulation. 

By endorsing the “roadmaps” for Bulgaria and Romania proposed by the Commission, 
the  Copenhagen  European  Council  agreed,  by  way  of  a  general  approach  for 
reallocation, that the ratio for reallocation should be fixed at 30/70, respectively, under 
the  Phare  programme  set  up  under  Council  Regulation  (EEC)  No  3906/89  of  18 
December 1989 on economic aid to the Republic of Hungary and the Polish People's 
Republic3,  the  special  accession  programme  for  agriculture  and  rural  development 
(SAPARD) set up under Council Regulation (EC) No 1268/1999 of 21 June 19994 and 
the  Instrument  for  Structural  Policies  for  Pre-accession  (ISPA),  set  up  under 
Regulation No 1267/1999.  

(3) 

In accordance with the first paragraph of Article 15 of Regulation (EC) No 1267/1999, 
the  ratio  takes  account  of  the  need  and  capacity  of  Bulgaria  and  Romania  for 
absorbing  assistance,  as  well  as  of  the  criteria  laid  down  in  Article  4  of  that 
Regulation. 

1 

2 
3 

4 

OJ  L  161,  26.6.1999,  p.73.  Regulation  as  last  amended  by  Council  Regulation  (EC)  No  2500/2001 
(OJ L 342, 27/12/2001, p.1) 
OJ C , , p.  
OJ  L  375,  23.12.1989,  p.11.  Regulation  as  last  amended  by  Council  Regulation  (EC)  No  807/2003 
(OJ L 122 , 16.5.2003, p.36) 
OJ L 161, 26.6.1999, p.87 

EN 

3 

   EN 

 
                                                 
(4) 

(5) 

Since  the  70/30  ratio  applies  to  the  three-year  period  2004  to  2006  as  a  whole,  it  is 
appropriate to permit an indicative allocation of the total resources on an annual basis 
consistent with that ratio. 

Consequently, the general approach for reallocation between the remaining beneficiary 
countries, namely Bulgaria and Romania, should be that the 70/30 ratio is to apply to 
the three-year period from 2004 to 2006 as a whole, and an indicative allocation of the 
total resources is to be determined on an annual basis in accordance with a fourchette 
reflecting that overall ratio.  

HAS DECIDED AS FOLLOWS:  

Sole Article 

By  way  of  a  general  approach  for  the  three-year  period  2004  to  2006,  the  resources  under 
Regulation  (EC)  No  1267/1999  shall  be  reallocated  between  Romania  and  Bulgaria  in 
accordance with a ratio of 70/30, respectively, applicable to that period as a whole. 

During  the  three-year  period  referred  to  in  the  first  paragraph,  the  annual  allocation  of 
resources  under  Regulation  (EC)  No  1267/1999  shall  be  determined  on  the  basis  of  an 
indicative ratio of 65% to 75% of total resources in the case of Romania and 25% to 35% of 
total resources in the case of Bulgaria. 

Done at Brussels,  

For the Council 
The President 

EN 

4 

   EN