Council Regulation (EC) No 2242/2004 of 22 December 2004 amending Regulation (EC) No 976/1999 laying down the requirements for the implementation of Community operations, other than those of development cooperation, which, within the framework of Community cooperation policy, 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 in third countries
Date: 2004-12-22
Institutions: Council of the European Union
Subjects: cooperation policy, democratisation, development aid, fundamental rights, human rights, rule of law, the EU's international role, third country

31.12.2004

EN

Official Journal of the European Union

L 390/21

COUNCIL REGULATION (EC) No 2242/2004

of 22 December 2004

amending Regulation (EC) No 976/1999 laying down the requirements for the implementation of
Community operations, other than those of development cooperation, which, within the frame-
work of Community cooperation policy, contribute to the general objective of developing and
consolidating democracy and the rule of law and to that of respecting human rights and funda-
mental freedoms in third countries

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

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

Whereas:

(1)

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 European Parlia-
ment and the Council on the European Union's Role in
Promoting Human Rights and Democratisation in Third
Countries shall continue beyond 2004. Council Regu-
lation (EC) No 975/1999 of 29 April 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 (2) and Regulation (EC)
No 976/1999 (3) proved to be adequate legal instruments
for the implementation of the Community's technical
and financial support for human rights and democratisa-
tion activities in developing and other third countries in
pursuit of the overall objectives in this field. The period
of validity of those Regulations, however, expires on 31
December 2004. It is, therefore, necessary to extend that
period.

amount, within the meaning of point 34 of the Interin-
stitutional Agreement of 6 May 1999 between the Euro-
pean Parliament, the Council and the Commission on
budgetary discipline and improvement of the budgetary
procedure (4),
the
extended duration of
the
powers of the budgetary authority as defined by the
Treaty being affected thereby.

is inserted in this Regulation for
the programme, without

The provisions of Regulation (EC) No 976/1999 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 (5) 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 976/1999. 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 (EC, Euratom) 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 (6).

(3)

(4)

(5)

The measures necessary for the implementation of Regu-
lation (EC) No 976/1999 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 (7).

(2)

the ratio of

On the basis of
the financial reference
amount included in Regulation (EC) No 976/1999 and
the indicative human rights and democratisation appro-
priations until 2006, an extended financial reference

(1) Opinion of 16 december 2004 (not yet published in the Official

Journal).

(2) OJ L 120, 8.5.1999, p. 1. Regulation as amended by Regulation

(EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

(3) OJ L 120, 8.5.1999, p. 8. Regulation as amended by Regulation

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

(6)

Regulation (EC) No 976/1999 should be amended
accordingly,

(4) OJ C 172, 18.6.1999, p. 1. Interinstitutional Agreement as amended
by Decision 2003/429/EC of the European Parliament and of the
Council (OJ L 147, 14.6.2003, p. 25).

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

L 390/22

EN

Official Journal of the European Union

31.12.2004

HAS ADOPTED THIS REGULATION:

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

Article 1

Regulation (EC) No 976/1999 is hereby amended as follows:

1) in Article 3(2), the following point shall be added:

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

‘(h) supporting efforts

to foster

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

2) in Article 5(1), the following sentence shall be added:

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

3) in Article 6, the first sentence shall be replaced by the

following:

‘To be eligible for Community aid, the partners referred to
in Article 5(1), first sentence, must have their main head-
quarters in a third country eligible for Community aid
under this Regulation or in a Member State of the Com-
munity.’;

flexibility,

requirements of

The Commission shall be responsible for managing and
adapting, in conformity with this Regulation and according
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-
this Regulation in accordance with the
in particular
laid down in Regulation (EC, Euratom) No

3.
tions under
budgetary and other procedures in force,
those
1605/2002.

4) Article 8(3) shall be replaced by the following:

Article 13

Community financing under this Regulation shall
‘3.
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
recruited
in accordance with the procedures laid down by the
Commission.’;

appropriations

shall

be

5) in Article 11, the first paragraph shall be replaced by the

following:

‘The financial reference amount for the implementation of
this Regulation during the period 2005 to 2006 shall be
EUR 78 million.’;

6) Articles 12 and 13 shall be replaced by the following:

‘Article 12

The Commission shall adopt a framework for the

1.
programming and identification of Community activities.

1.
The instruments referred to in Article 12(1) shall be
adopted in accordance with the procedure referred to in
Article 14(2).

In cases where the amendments to the annual work
programmes referred to in Article 12(1)(b) do not exceed
20 % of the global amount allocated to them or do not
substantially change
the projects or
programmes contained therein, those amendments shall be
adopted by the Commission. It shall inform the committee
referred to in Article 14(1).

the nature of

2. Without prejudice to Article 15, 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 14(2).’;

The framework shall consist, in particular, of:

7) Article 14(2) shall be replaced by the following:

(a) multiannual

indicative

programmes

and

annual

updates of these programmes,

(b) annual work programmes.

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

31.12.2004

EN

Official Journal of the European Union

L 390/23

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

and subcontractors who have received Community funds.
Regulation (Euratom, EC) No 2185/96 (*) shall apply.

(*) OJ L 184, 17.7.1999, p. 23.’;

(*) OJ L 292, 15.11.1996, p. 2.’;

8) in Article 16, the second sentence shall be deleted;

9) Article 18 shall be replaced by the following:

‘Article 18

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

10) in Article 21,

December 2004’
December 2006’.

in the second paragraph,

the date ‘31
shall be replaced by the date ‘31

Article 2

This Regulation shall enter into force on 1 January 2005.

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

Done at Brussels, 22 December 2004.

For the Council

The President

C. VEERMAN