Regulation (EC) No 2240/2004 of the European Parliament and of the Council of 15 December 2004 amending Council Regulation (EC) No 975/1999 laying down the requirements for the implementation of development cooperation operations which contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms
Date: 2004-12-15
Institutions: Council of the European Union, European Parliament
Subjects: cooperation policy, democratisation, development aid, human rights, rule of law, the EU's international role, third country

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REGULATION (EC) No 2240/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 15 December 2004

amending Council Regulation (EC) No 975/1999 laying down the requirements for the implementa-
tion of development cooperation operations which contribute to the general objective of devel-
oping and consolidating democracy and the rule of law and to that of respecting human rights and
fundamental freedoms

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

(3)

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 179(1) thereof,

Having regard to the proposal from the Commission,

(4)

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

Whereas:

(1)

(2)

Community action to promote human rights and demo-
cratic principles as set out in the Communication of 8
May 2001 from the Commission to the Council and the
European Parliament on ‘The European Union's Role in
Promoting Human Rights and Democratisation in Third
Countries’ is to continue beyond 2004. Regulation (EC)
No 975/1999 (2) has proved to be an adequate legal
instrument for the implementation of the Community's
technical and financial support for human rights and
democratisation activities in developing and other third
countries in pursuit of the overall objectives in this field.
The period of validity of
that Regulation, however,
expires on 31 December 2004. It is, therefore, necessary
to extend that period.

On the basis of the ratio of the financial framework
included in Regulation (EC) No 975/1999 and the indi-
cative human rights and democratisation appropriations
until 2006, this Regulation lays down, for the extended
duration of
framework
the programme, a financial
constituting the prime reference, within the meaning of
Interinstitutional Agreement of
point 33 of
the
6 May 1999 between the European Parliament,
Council and the Commission on budgetary discipline
and improvement of the budgetary procedure (3), for the
budgetary authority during the annual budgetary proce-
dure.

the

(1) Opinion of the European Parliament of 22 April 2004 (not yet
Journal) and Council Decision of 2

published in the Official
December 2004.

(2) OJ L 120, 8.5.1999, p. 1. Regulation as amended by Regulation
(EC) No 1882/2003 of the European Parliament and of the Council
(OJ L 284, 31.10.2003, p. 1).

(3) OJ C 172, 18.6.1999, p. 1. Agreement as amended by Decision
the Council

the European Parliament and of

2003/429/EC of
(OJ L 147, 14.6.2003, p. 25).

The provisions of Regulation (EC) No 975/1999 on
procedures for the implementation of aid should be
aligned with the legal requirements of Council Regu-
lation (EC, Euratom) No 1605/2002 of 25 June 2002 on
the Financial Regulation applicable to the general budget
of the European Communities (4) in the implementation
of EU Election Observation Missions.

The protection of the Community's financial
interests
and the fight against fraud and irregularities form an
integral part of Regulation (EC) No 975/1999. In par-
ticular, agreements and contracts concluded pursuant to
that Regulation should authorise the Commission to
carry out the measures provided for in Council Regu-
lation (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 (5).

(5)

The measures necessary for the implementation of Regu-
lation (EC) No 975/1999 should be adopted in accord-
ance with Council Decision 1999/468/EC of 28 June
1999 laying down the procedures for the exercise of
implementing powers conferred on the Commission (6).

(6)

Regulation (EC) No 975/1999 should,
amended accordingly,

therefore, be

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 975/1999 is hereby amended as follows:

1) the following point shall be added to Article 2(2):

‘(h) supporting efforts

to foster

the establishment of
groupings of democratic countries within United
Nations bodies, specialised agencies and regional orga-
nisations.’;

(4) OJ L 248, 16.9.2002, p. 1.
(5) OJ L 292, 15.11.1996, p. 2.
(6) OJ L 184, 17.7.1999, p. 23.

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2) the following sentence shall be added at the end of Article

4(1):

‘In the case of EU Election Observation Missions and
“amicus curiae” proceedings, natural persons shall be
eligible for financing under this Regulation.’;

3) the first sentence of Article 5 shall be replaced by the

following:

‘To be eligible for Community aid, the partners referred to
in the first sentence of Article 4(1) must have their main
headquarters in a third country eligible for Community aid
under this Regulation or in a Member State of the Com-
munity.’;

4) Article 7(3) shall be replaced by the following:

‘3.
Community financing under this Regulation shall
take the form of grants or contracts. Within the frame-
work of operations under Article 2, members of EU Elec-
tion Observation Missions paid from the human rights and
democratisation appropriations
recruited in
accordance with the procedures laid down by the Commis-
sion.’;

shall be

5) the first subparagraph of Article 10 shall be replaced by

the following:

‘The financial framework for the implementation of this
Regulation for the period from 1 January 2005 to 31
December 2006 is hereby set at EUR 134 million.’;

6) Articles 11 and 12 shall be replaced by the following:

‘Article 11

The Commission shall adopt the framework for the

1.
programming and identification of Community activities.

The framework shall consist, in particular, of

(a) multiannual

indicative

programmes

and

annual

updates of these programmes;

flexibility,

requirements of

to the
the annual work
programmes that were defined in the overall framework of
the multiannual setting. The decisions made shall reflect
the priorities and main concerns of the European Union
for the consolidation of democracy, the rule of law and
respect for human rights, and shall be determined by the
unique nature of the programmes. The Commission shall
keep the European Parliament
the
proceedings.

fully informed of

The Commission shall implement Community opera-
3.
this Regulation in accordance with the
tions under
budgetary and other procedures in force,
in particular
those laid down in Council Regulation (EC, Euratom) No
1605/2002 of 25 June 2002 on the Financial Regulation
applicable to the general budget of the European Commu-
nities (*).

Article 12

The instruments referred to in Article 11(1) shall be
1.
adopted in accordance with the procedure referred to in
Article 13(2).

In cases where amendments to annual work programmes
referred to in Article 11(1)(b) do not exceed 20 % of the
global amount allocated to them or do not substantially
the projects or programmes
change
contained therein, such amendments shall be adopted by
the Commission. It shall inform the committee referred to
in Article 13(1).

the nature of

2. Without prejudice to Article 14, financing decisions
on projects and programmes not covered by annual work
programmes and exceeding EUR 1 million shall be
adopted in accordance with the procedure referred to in
Article 13(2).

(*) OJ L 248, 16.9.2002, p. 1.’;

(b) annual work programmes.

7) Article 13(2) shall be replaced by the following:

In particular situations, specific measures not covered by
an annual work programme may be approved.

‘2. Where reference is made to this paragraph, Articles
4 and 7 of Decision 1999/468/EC(1) shall apply, having
regard to the provisions of Article 8 thereof.

The Commission shall produce an annual report
2.
setting out programming for the coming year by region
and by sector, and shall report back on the implementa-
tion to the European Parliament.

The period laid down in Article 4(3) of Decision
1999/468/EC shall be set at 30 days.’;

The Commission shall be responsible for managing and
adapting, in conformity with this Regulation and according

8) the second sentence of Article 15 shall be deleted;

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9) Article 17 shall be replaced by the following:

‘Article 17

protect
against fraud and other irregularities (*) shall apply.

the European Communities'

financial

interests

Any agreement or contract concluded pursuant to this
Regulation shall expressly provide for the Commission and
the Court of Auditors to exercise their powers of control,
on documents and on the premises, over all contractors
and subcontractors who have received Community funds.
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

(*) OJ L 292, 15.11.1996, p. 2.’;

10) In the second subparagraph of Article 20, the date ‘31
shall be replaced by the date ‘31

December 2004’
December 2006’.

This Regulation shall enter into force on 1 January 2005.

Article 2

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

Done at Strasbourg, 15 December 2004.

For the European Parliament

The President

J. BORRELL FONTELLES

For the Council

The President

A. NICOLAÏ