Proposal for a Council Regulation amending Regulation (EC) No 2500/2001 to enable the implementation of Community assistance according to Article 54 (2) (c) of the Financial Regulation
Date: 2004-12-20
Institutions: European Commission
Subjects: EU aid, Türkiye, accession to the European Union, cooperation policy, financial regulation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 20.12.2004 
COM(2004) 814 final 

2004/0285 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 2500/2001 to enable the implementation of Community 
assistance according to Article 54 (2) (c) of the Financial Regulation 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

The purpose of this amendment is to bring the Council Regulation N°2500/2001 concerning 
pre  accession  financial  assistance  for  Turkey  in  line  with  the  new  Financial  Regulation  as 
concerns  the  use  of  centralised  indirect  management  (Art.  54  (2)  (c)  FR).  The  Commission 
has already made an identical proposal for the Phare Regulation, the CARDS Regulation, and 
the same rules are also foreseen under the new pre-accession aid assistance instrument (IPA) 
as of 2007. 

The  Financial  Regulation  allows  for  the  implementation  of  the  Community  budget  through 
centralised  indirect  management  in  Article  54  (2),  and  sets  specific  requirements  for 
implementation according to Art. 54 (2) (c) of the Financial Regulation. 

These  requirements  stipulate  that  in  the  area  of  centralised  indirect  implementation,  the 
Commission may “entrust tasks of public authority, and in particular budget implementation 
tasks to (…) national public-sector bodies or bodies governed by  private law with a public-
service  mission  providing  adequate  financial  guarantees  and  complying  with  the  conditions 
provided for in the implementing arrangements”, and that “such bodies may be entrusted with 
implementation tasks only if the basic act of the programme or action concerned provides for 
the  possibility  of  delegation  and  lays  down  the  criteria  for  the  selection  of  the  bodies 
concerned (…)”1. 

In the area of pre-accession aid, centralised indirect management in the form as set down in 
Art. 54 (2) (c) has proved a valuable tool in the past, in particular concerning the operations of 
the  Technical  Assistance  and  Information  Exchange  programme  (TAIEX).  Turkey  has 
derived considerable benefit from TAIEX operations over recent years. It should therefore be 
ensured that Turkey can continue to access TAIEX assistance between now and the entry into 
force of the IPA-Regulation under the conditions established by the new Financial Regulation. 

1 

Art. 54 (2) (c) of Regulation (CE) 1605/2002, OJ L 248, 16.9.2002, p.1 

EN 

2 

   EN 

 
                                                 
2004/0285 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 2500/2001 to enable the implementation of Community 
assistance according to Article 54 (2) (c) of the Financial Regulation 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
181 a (2) thereof, 

Having regard to the proposal from the Commission2, 

Having regard to the opinion of the European Parliament3, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Article 54 (2) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on 
the  Financial  Regulation  applicable  to  the  general  budget  of  the  European 
Communities4  (the  Financial  Regulation)  allows  for  the  implementation  of  the 
Community  budget  through  centralised  indirect  management  and  sets  specific 
requirements for implementation, 

In the area of pre-accession aid, centralised indirect management in the form set out in 
Article 54 (2) (c) of the Financial Regulation has proved a valuable tool in the past, in 
particular  concerning  the  operations  of  the  Office  for  Technical  Assistance  and 
Information Exchange (TAIEX), 

Turkey has been a major client of TAIEX operations over the last years, and should be 
put in a position to continue using this instrument also according to the rules set up by 
the new Financial Regulation,  

A harmonised approach in the area of pre-accession assistance is desirable, therefore 
the  formula  used  should  be  identical  to  the  one  foreseen  for  Regulations  3906/1989 
(Phare), 2666/2000 (CARDS), as well as for the draft IPA-Regulation, 

2 
3 
4 

OJ C , , p. . 
OJ C , , p. . 
OJ L 248, 16.9.2002, p.1 

EN 

3 

   EN 

 
                                                 
(5) 

Council  Regulation  (EC)  No  2500/2001  of  17  December  2001  concerning  pre-
accession  financial  assistance  for  Turkey  and  amending  Regulations  (EEC)  No 
3906/89,  (EC)  No  1267/1999,  (EC)  No  1268/1999  and  (EC)  No  555/20005  should 
therefore be amended accordingly, 

HAS ADOPTED THIS REGULATION: 

Article 1 

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

The following Article 6a is inserted: 

“Article 6a 

The Commission may, within the limits established in Article 54 of Council Regulation (EC, 
Euratom) No 1605/20026, decide to entrust tasks of public authority, and in particular budget 
implementation  tasks  to  the  bodies  listed  in  Article  54  (2)  of  that  Regulation.  The  bodies 
defined  in  Article  54  (2)  (c)  of  Regulation  (EC,  Euratom)  No  1605/2002  may  be  entrusted 
with  tasks  of  public  authority  if  they  are  of  recognised  international  standing,  comply  with 
internationally recognised systems of management and control, and are supervised by a public 
authority.” 

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

Article 2 

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

Done at Brussels,  

For the Council 
The President 

5 

6 

OJ  L 342,  27.12.2001,  p.  1. Regulation  as amended  by  Council  Regulation (EC) No  769/2004  (OJ  L 
123, 27.4.2004, p. 1) 
OJ L 248, 16.9. 2002, p.1. 

EN 

4 

   EN