Council Regulation (Euratom) No 300/2007 of 19 February 2007 establishing an Instrument for Nuclear Safety Cooperation
Date: 2007-02-19
Institutions: Council of the European Union
Subjects: EU aid, EU financing, cooperation policy, nuclear safety, technical cooperation

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(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COUNCIL REGULATION (EURATOM) No 300/2007

of 19 February 2007

establishing an Instrument for Nuclear Safety Cooperation

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Atomic
Energy Community, and in particular Article 203 thereof,

Having regard to the proposal from the Commission,

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

Whereas:

(1)

The European Community is a major provider of
economic, financial, technical, humanitarian and macro-
economic assistance to third countries. In order to make
the European Community's external aid more effective, a
new framework has been devised for the planning and
including the following Regu-
provision of assistance,
lations: Council Regulation (EC) No 1085/2006 of 17
July 2006 establishing an Instrument for Pre-Accession
Assistance (IPA) (2) to cover Community assistance for
candidate countries and potential candidate countries,
the European
Regulation (EC) No 1638/2006 of
Parliament and of
the Council of 24 October 2006
laying down general provisions establishing a European
Neighbourhood and Partnership Instrument (3), Regu-
lation (EC) No 1905/2006 of the European Parliament
and of the Council of 18 December 2006 establishing a
for development cooperation (4),
financing instrument
Regulation (EC) No 1717/2006 of
the European
Parliament and of the Council of 15 November 2006
for Stability (5), Regulation
establishing an Instrument
(EC) No 1889/2006 of the European Parliament and of
the Council of 20 December 2006 establishing a
financing instrument for the promotion of democracy

(2)

(3)

and human rights worldwide (6), and Council Regulation
(EC) No 1934/2006 of 21 December 2006 establishing a
financing instrument for cooperation with industrialised
and other high-income countries and territories (7). The
present Regulation is a complementary instrument aimed
at supporting the promotion of a high level of nuclear
application of
safety,
efficient and effective safeguards of nuclear material
in
third countries.

radiation protection and the

to fulfil

In order

the Treaty

The Chernobyl accident in 1986 highlighted the global
the
importance of nuclear safety.
establishing the European
objective of
Atomic Energy Community (the ‘Euratom Treaty’)
to
create the conditions of safety necessary to eliminate
hazards
the
European Atomic Energy Community (the ‘Community’)
should be able to support nuclear
safety in third
countries.

to the life and health of

the public,

By

worldwide.

Commission

By Commission Decision 1999/819/Euratom (8)
the
Community acceded to the 1994 Convention on
its objectives
Nuclear Safety, which has as one of
and maintain a high level of nuclear
to achieve
safety
Decision
2005/510/Euratom (9) the Community also acceded to
the Joint Convention on the Safety of Spent Fuel
Management and on the Safety of Radioactive Waste
Management, which has as one of
its objectives to
achieve and maintain a high level of safety in spent
fuel and radioactive waste management worldwide. The
two Conventions aim to realise these objectives through
the enhancement of national measures and international
cooperation including, where appropriate, safety-related
cooperation.

(1) Opinion of 14 December 2006 (not yet published in the Official

Journal).

(2) OJ L 210, 31.7.2006, p. 82.
(3) OJ L 310, 9.11.2006, p. 1.
(4) OJ L 378, 27.12.2006, p. 41.
(5) OJ L 327, 24.11.2006, p. 1.

(6) OJ L 386, 29.12.2006, p. 1.
(7) OJ L 405, 30.12.2006, p. 41. Regulation as corrected in OJ L 29,

3.2.2007, p. 16.

(8) OJ L 318, 11.12.1999, p. 20. Decision as amended by Decision

2004/491/Euratom (OJ L 172, 6.5.2004, p. 7).

(9) OJ L 185, 16.7.2005, p. 33.

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(4)

(5)

(6)

(7)

The Community already pursues a close cooperation, in
accordance with Chapter 10 of the Euratom Treaty, with
the International Atomic Energy Agency (IAEA), both in
relation to nuclear safeguards (in furtherance of
the
objectives of Chapter 7 of Title Two of the Euratom
Treaty), and in relation to nuclear safety.

(10) According to the Convention on Nuclear Safety ‘licence’
means any authorisation granted by the regulatory body
to the applicant to have the responsibility for the siting,
design,
or
decommissioning of a nuclear installation.

commissioning,

construction,

operation

There is a particular need for the Community to continue
its efforts in support of the application of effective safe-
guards of nuclear material in third countries, building on
its own safeguard activities within the European Union.

(11)

Is understood that, when giving assistance to the nuclear
installation concerned, it is with the aim that maximum
impact could be obtained by the assistance, without,
however, deviating from the principle that the responsi-
bility for the safety of the installation should rest with
the operator and the State having the jurisdiction over
the installation.

There is a particular need to build on the experience
already gained under the Tacis and Phare programmes
the relevant expert
including through the work of
groups, notably in the area of civil nuclear liability.

(12)

The 2001 Guidelines for strengthening operational coor-
dination in the field of external assistance emphasise the
EU external
for
need
assistance.

coordination of

enhanced

There is a need to finance accompanying measures in
support of the objectives of this Regulation,
including
training, research and support for the implementation
of international Conventions and Treaties. It is desirable
to coordinate actions under
such Conventions and
Treaties with Community actions.

(13)

For the adoption of measures necessary for the imple-
mentation of this Regulation the Commission should be
assisted by a committee.

(14)

(8)

In addition to international Conventions and Treaties
some Member States have concluded bilateral agreements
on the provision of technical assistance.

(9)

field,

In its Resolution of 18 June 1992 on the technological
problems of nuclear safety the Council ‘emphasises the
particular importance it attaches to nuclear safety in
Europe, and therefore requests the Member States and
the Commission to adopt as
the fundamental and
priority objective of Community cooperation in the
in particular with the other European
nuclear
countries,
and Eastern
Europe and the Republics of the former Soviet Union,
that of bringing their nuclear installations up to safety
levels equivalent to those in practice in the Community
and to facilitate the implementation of the safety criteria
and requirements already recognised throughout
the
Community’. Financial assistance should be provided
taking these objectives into account,
including when
supporting existing plants which are not yet in operation.

those of Central

especially

This Regulation replaces Council Regulation (EC,
Euratom) No 99/2000 of 29 December 1999 concerning
the provision of assistance to the partner States in
Eastern Europe and Central Asia (10), Council Decision
98/381/EC, Euratom of 5 June 1998 concerning the
Community contribution to the European Bank for
Reconstruction and Development
the Chernobyl
Shelter Fund (11), and Council Decision 2001/824/EC,
Euratom of 16 November 2001 on a further contri-
the European Community to the European
bution of
Bank for Reconstruction and Development
the
Chernobyl Shelter Fund (12). Those instruments should
therefore be repealed.

for

for

(15)

financial assistance in
This Regulation, providing for
support of the objectives of the Euratom Treaty, should
be without prejudice to the respective competences of
the Community and Member States
fields
concerned, in particular in relation to nuclear safeguards.

in the

(10) OJ L 12, 18.1.2000, p. 1. Regulation as replaced by Regulation
(EC) No 1638/2006 of the European Parliament and the Council
(OJ L 310, 9.11.2006, p. 1).
(11) OJ L 171, 17.6.1998, p. 31.
(12) OJ L 308, 27.11.2001, p. 25.

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(16) A financial reference amount, within the meaning of
point 38 of the Interinstitutional Agreement of 17 May
2006 between the European Parliament, the Council and
the Commission on budgetary discipline and sound
financial management (13), is included in this Regulation
for the entire duration of the instrument, without thereby
affecting the powers of the budgetary authority as they
are defined by the Euratom Treaty.

(17)

The Euratom Treaty does not provide, for the adoption
of this Regulation, powers other than those of Article
203.

(18)

In order to ensure the effective implementation of the
Instrument for nuclear safety cooperation, this Regulation
should apply from 1 January 2007,

HAS ADOPTED THIS REGULATION:

TITLE I

OBJECTIVES

Article 1

General objectives and scope

finance measures

The Community shall
the
promotion of a high level of nuclear safety, radiation protection
and the application of efficient and effective safeguards of
nuclear material in third countries in line with the provisions
of this Regulation.

to support

Article 2

Purpose

The financial, economic and technical assistance provided under
this Regulation shall be complementary to any assistance that is
provided by the European Community under the humanitarian
aid instrument, the Instrument for Pre-Accession Assistance, the
European Neighbourhood and Partnership Instrument,
the
instrument
the Instrument for
Stability, the European Instrument for Democracy and Human
Rights, and the instrument for cooperation with industrialised
and other high-income countries and territories. In pursuit of
these objectives the following measures shall be supported by
this Regulation:

for development cooperation,

(a)

the promotion of an effective nuclear safety culture at all
levels, in particular through:

(13) OJ C 139, 14.6.2006, p. 1.

— continuous

for

support

technical
support organisations, and the reinforcement of
the
regulatory framework, notably concerning licensing
activities,

regulatory bodies,

— drawing notably on the experience of the operators, on
site and external assistance programmes as well as
safety
consulting and related activities
improvements of the design, operation and maintenance
of nuclear power plants that are currently licensed and
other existing nuclear installations so that high safety
levels can be achieved,

aiming at

— support for the safe transport, treatment and disposal of

spent nuclear fuel and radioactive waste, and

— the development and implementation of strategies for
decommissioning existing installations and the reme-
diation of former nuclear sites;

(b) the

of

effective

promotion

frameworks,
to ensure adequate protection
procedures and systems
against
in
particular from high activity radioactive sources, and their
safe disposal;

ionising radiations from radioactive materials,

regulatory

(c)

the establishment of the necessary regulatory framework
and methodologies for the implementation of nuclear safe-
guards, including for the proper accounting and control of
fissile materials at State and operators level;

(d) the

establishment of

the
effective
prevention of accidents with radiological consequences as
well as the mitigation of such consequences should they
and
emergency-planning, preparedness
occur,
response, civil protection and rehabilitation measures;

arrangements

and for

for

framework of

(e) measures to promote international cooperation (including in
the
international organisations,
notably IAEA) in the above fields, including the implemen-
tation and monitoring of
international Conventions and
Treaties, exchange of information and training and research.

relevant

The Commission shall ensure that the measures adopted are
consistent with the European Community's overall strategic
policy framework for the partner country, and in particular
with the objectives of its development and economic coop-
eration policies and programmes adopted pursuant to Articles
179 and 181a of
the Treaty establishing the European
Community.

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TITLE II

TITLE III

IMPLEMENTATION: PROGRAMMING AND
ALLOCATION OF FUNDS

Article 3

Strategy papers and indicative programmes

Community assistance under

1.
this Regulation shall be
implemented on the basis of multi-annual strategy papers and
indicative programmes.

The multi-annual strategy papers, covering one or more
2.
countries, shall constitute the general basis for the implemen-
tation of assistance under Article 2, and shall be established for
a period of up to seven years. They shall set out the Commu-
nity's strategy for the provision of assistance under this Regu-
lation, having regard to the needs of the countries concerned,
the Community's priorities, the international situation and the
activities of the main partners.

3.
In drawing up these strategy papers, the Commission shall
ensure that they are consistent with the strategies and measures
adopted under other European Community instruments for
external assistance.

shall

setting out

Strategy papers

contain multi-annual
the priority areas

indicative
4.
selected for
programmes,
Community financing,
the specific objectives and expected
results, and the indicative financial allocations, overall and for
each priority area. The financial allocations may be given in the
indicative
a
form of
programmes
shall be established in consultation with the
partner country or countries concerned.

appropriate. These

range where

Article 4

Adoption of programming documents

The strategy papers and indicative programmes referred to
1.
in Article 3 shall be adopted in accordance with the procedure
referred to in Article 19(2). They shall cover a period no longer
than the period of application of this Regulation.

IMPLEMENTATION: OTHER PROVISIONS

Article 5

Action programmes

The Commission shall adopt action programmes drawn
1.
up on the basis of
and indicative
programmes referred to in Article 3. These action programmes,
normally drawn up on an annual basis, shall set out the specific
details concerning the implementation of assistance under this
Regulation.

strategy papers

the

Exceptionally, for instance in cases where an action programme
has not yet been adopted, the Commission, may, on the basis of
the strategy papers and indicative programmes referred to in
Article 3, adopt measures not provided for
in an action
programme under the same procedures as apply to action
programmes.

intervention,

the fields of

These action programmes shall specify the objectives
2.
the measures envisaged,
pursued,
the expected results,
the management procedures and total
amount of financing planned. They shall contain a summary
description of the operations to be financed, an indication of
the amounts allocated for each operation and an indicative
implementation timetable. Where relevant, they may include
the results of any lessons learned from previous assistance.

3.
Action programmes, and any revisions or extensions
thereof, shall be adopted in accordance with the procedure
referred to in Article 19(2),
following, where appropriate,
consultation with the partner country, or partner countries in
the region concerned.

Article 6

Special measures

2.
Strategy papers shall be reviewed at mid-term or whenever
necessary, and may be revised in accordance with the procedure
referred to in Article 19(2).

Notwithstanding Articles 3 to 5, the Commission may, in
1.
the event of unforeseen and urgent needs or circumstances,
adopt special measures not provided for in the strategy papers
and indicative programmes referred to in Article 3 or the action
programmes referred to in Article 5.

Indicative programmes shall be revised as necessary taking
3.
In
into account any review of the relevant strategy papers.
exceptional cases, adjustment of multi-annual allocations may
be applied in the light of special circumstances, such as major
unforeseen developments or exceptional performance. Any
revision of indicative programmes shall be made in accordance
with the procedure referred to in Article 19(2).

the

activity,

Special measures shall specify the objectives pursued, the
2.
areas of
the management
expected results,
procedures used and the total amount of financing planned.
They shall contain a description of
the operations to be
financed, an indication of
the amounts allocated for each
operation and an indicative implementation timetable.

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the

cost of

special measures

exceeds EUR
3. Where
5 000 000, the Commission shall adopt them in accordance
with the procedure referred to in Article 19(2),
following,
where appropriate, consultation with the partner country, or
partner countries in the region concerned.

4. Where the cost of special measures is EUR 5 000 000 or
less, the Commission shall inform in writing the Council and
the Committee set up in accordance with Article 19 within one
month of adopting such measures.

Article 7

Eligibility

1.
The following shall be eligible for funding under this
implementing the action
Regulation for
programmes referred to in Article 5 and the special measures
referred to in Article 6 in so far as they can actually contribute
to the purposes of the Regulation as set out in Article 2:

the purposes of

(iv) non-state actors as defined in paragraph 2;

(v) natural persons.

2.
Non-state actors eligible for financial support under this
Regulation shall include: non-governmental organisations, orga-
nisations representing indigenous peoples, local citizens' groups
trade unions, organi-
and traders' associations, cooperatives,
sations representing economic and social interests, local organi-
sations (including networks) involved in decentralised regional
cooperation and integration, consumer organisations, women's
and youth organisations,
research and
scientific organisations, universities, churches and religious asso-
ciations and communities, the media and any non-governmental
associations and independent foundations likely to contribute to
development or the external dimension of internal policies.

teaching,

cultural,

Article 8

Types of measures

1.

Community financing may take the following forms:

(a) partner countries and regions and their institutions;

(a) projects and programmes;

(b) decentralised bodies

in the partner countries,

such as

regions, departments, provinces and municipalities;

(b) sectoral support;

(c)

joint bodies set up by the partner countries and regions and
the Community;

(c) contributions to guarantee funds in accordance with Article

16;

(d) international organisations, including regional organisations,
international
institutions and development banks, in so far as

UN bodies,
financial
they contribute to the objectives of this Regulation;

and missions,

departments

(e)

the Community's
Union agencies;

Joint Research Centre and European

(f)

the following entities and bodies of the Member States,
partner countries and regions and any other third country
in so far as they contribute to the objectives of this Regu-
lation:

(i) public and parastatal bodies, local authorities or admin-

istrations and consortia thereof;

(ii) companies, firms and other private organisations and

businesses;

(d) debt-relief programmes in exceptional cases, under an inter-

nationally agreed debt relief programme;

(e) grants to fund measures;

(f) grants to cover operating costs;

(g) funding for twinning programmes between public insti-
tutions, national public bodies or private-law entities with
a public-service mission of a Member State and those of a
partner country or region;

(h) contributions to international

funds,

in particular those

managed by international or regional organisations;

(i) contributions to national funds set up by partner countries
and regions to attract joint financing from a number of
donors, or contributions to funds set up by one or more
donors for the purpose of
implementation of
operations;

the joint

(iii) financial

institutions that grant, promote and finance

private investment in partner countries and regions;

(j) human and material resources required for effective admin-
istration and supervision of projects and programmes by
partner countries and regions.

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Activities covered by and eligible for

funding under
2.
Council Regulation (EC) No 1257/96 of 20 June 1996
concerning humanitarian aid (14) may not be funded under
this Regulation.

(d) companies,

firms, other private organisations and busi-
nesses, and other non-state actors referred to in Article 7(2);

(e) partner countries and regions in receipt of funding.

3.
Community financing shall, in principle, not be used for
paying taxes, custom duties or other fiscal charges in beneficiary
countries.

Article 9

Support measures

Community financing may cover expenditure associated
1.
with the preparation,
follow up, monitoring, auditing and
evaluation activities directly necessary for the implementation
of this Regulation and the achievement of its objectives, e.g.
studies, meetings,
information, awareness-raising, training and
publication activities, expenditure associated with computer
networks for the exchange of information and any other admin-
the
assistance
istrative
Commission may
the
for
programme. It shall also cover expenditure on administrative
support staff employed at Commission Delegations to manage
projects funded under this Regulation.

expenditure
the management

technical

that
of

incur

or

2.
None of the support measures are necessarily covered by
multi-annual programming and may therefore be financed
outside the scope of strategy papers and multi-annual indicative
programmes. However, they may also be financed under multi-
indicative programmes. The Commission shall adopt
annual
indicative
support measures not covered by multi annual
programmes in accordance with Article 6.

Article 10

Cofinancing

1. Measures financed under this Regulation shall be eligible
for cofinancing from inter alia the following:

(a) Member States, and in particular their public and parastatal

agencies;

(b) other donor countries and in particular their public and

parastatal agencies;

cofinancing,

In the case of parallel

2.
the project or
programme shall be split into a number of clearly identifiable
sub-projects, which are each financed by different partners
providing cofinancing in such a way that the end-use of the
financing can always be identified. In the case of joint cofi-
nancing, the total cost of the project or programme shall be
shared between the partners providing the cofinancing and
resources are pooled in such a way that it is not possible to
identify the source of funding for any given activity undertaken
as part of the project or programme.

implement

implementing joint measures.

In the case of joint cofinancing, the Commission may
3.
receive and manage funds on behalf of the bodies referred to
(b) and (c) of paragraph 1 of this Article for the
under (a),
purpose of
the
the measures centrally, either
Commission shall
directly or indirectly, by delegating the task to Community
agencies or bodies set up by the Community. Such funds
shall be dealt with as assigned revenue in accordance with
Article
Euratom) No
1605/2002 of 25 June 2002 on the Financial Regulation
applicable to the general budget of
the European Commu-
nities (15).

of Council Regulation

In this case,

(EC,

18

Article 11

Management procedures

The measures

1.
this Regulation shall
financed under
be implemented in accordance with Regulation (EC, Euratom)
No 1605/2002.

2.
In duly justified cases, the Commission may, in accordance
with Article 54 of Regulation (EC, Euratom) No 1605/2002,
decide to entrust tasks of public authority, and in particular
budget
to bodies referred in Article
54(2)(c) of Regulation (EC, Euratom) No 1605/2002 if they
are of recognised international standing, comply with interna-
tionally recognised systems of management and control, and are
supervised by public authority.

implementation tasks,

(c)

international and regional organisations, and in particular
international and regional financial institutions;

In the case of decentralised management, the Commission
3.
may decide to use the procurement or grant procedures of the
beneficiary country or region.

(14) OJ L 163, 2.7.1996, p. 6. 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).

(15) OJ L 248, 16.9.2002, p. 1. Regulation as last amended by Regu-
lation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

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Article 12

Budget commitments

Budget commitments shall be made on the basis of
taken by the Commission in accordance with

1.
decisions
Articles 5, 6 and 9.

2.

The legal forms for Community financing shall

include:

natural persons who are nationals of or legal persons who are
established in a Member State of the European Union, a country
that is or has been defined as beneficiary of assistance in an
Action Programme adopted under the present Regulation, a
country that is beneficiary of the Instrument of Pre-Accession
or the European Neighbourhood and Partnership Instrument, or
a non-EU Member State of the European Economic Area.

— financing agreements,

— grant agreements,

— procurement contracts,

— employment contracts.

Article 13

Protection of the financial interests of the Community

the

Any agreements

1.
resulting from this Regulation shall
contain provisions ensuring the protection of the Community's
financial interests, in particular with respect to fraud, corruption
and any other irregularities in accordance with Council Regu-
lations (EC, Euratom) No 2988/95 of 18 December 1995 on
the protection of
financial
interests (16) and (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 Commu-
nities' financial interests against fraud and other irregularities (17)
and Regulation (Euratom) No 1074/99 of
the European
Parliament and of the Council of 25 May 1999 concerning
investigations conducted by the European Anti-fraud Office
(OLAF) (18).

European Communities

Agreements shall expressly entitle the Commission and
2.
the Court of Auditors to have the power of audit, on the
basis of documents and on the spot, over all contractors and
subcontractors who have received Community funds. They shall
also expressly authorise the Commission to carry out on-the-
spot checks and inspections, as provided for in Regulation
(Euratom, EC) No 2185/96.

All

contracts

implementation of
resulting from the
3.
assistance shall ensure the right of the Commission and the
Court of Auditors, as provided for in paragraph 2, during and
after the implementation of contracts.

Article 14

Rules of participation and origin

Participation in the award of procurement or grant
1.
contracts financed under this Regulation shall be open to all

(16) OJ L 312, 23.12.1995, p. 1.
(17) OJ L 292, 15.11.1996, p. 2.
(18) OJ L 136, 31.5.1999, p. 8.

The Commission may,

2.
authorise
nationals of, or
country having traditional economic,
links with a beneficiary country.

in duly substantiated cases,
the participation of natural persons who are
legal persons who are established in a
trade or geographical

3.
Participation in the award of procurement or grant
contracts financed under this Regulation shall also be open to
all natural persons who are nationals of, or legal persons who
are established in any country other than those referred to in
to their external
paragraph 1, whenever
assistance has been established. Reciprocal access
shall be
granted whenever a country grants eligibility on equal terms
to the Member States and to the recipient country concerned.

reciprocal access

financed under

to the award of procurement or grant
Reciprocal access
contracts
this Regulation and under other
Community external assistance instruments shall be established
by means of a specific decision concerning a given country or a
given regional group of countries. Such a decision shall be
adopted by the Commission in accordance with the procedure
laid down in Article 19(2) and shall be in force for a minimum
period of one year.

The granting of reciprocal access to the award of procurement
or grant contracts financed under this Regulation and under
other Community external assistance instruments
shall be
based on a comparison between the Community and other
donors and shall proceed at sectoral
level or entire country
it be a donor or a recipient country. The
level, whether
decision of granting this reciprocity to a donor country shall
be based on the transparency, consistency and proportionality
of the aid provided by that donor, including its qualitative and
quantitative nature. The beneficiary countries shall be consulted
as part of the procedure described in this paragraph.

Reciprocal access
to the award of procurement or grant
contracts financed under this Regulation for the benefit of
least-developed countries as defined by the OECD Development
Assistance Committee shall automatically be granted to OECD
Development Assistance Committee members.

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Participation in the award of procurement or grant
4.
contracts financed under this Regulation shall be open to inter-
national organisations.

Tenderers who have been awarded contracts under this
9.
Regulation shall respect core labour standards as defined in
the relevant ILO Conventions.

Experts may be of any nationality. This

5.
is without
prejudice to the qualitative and financial requirements set out
in the Community's procurement rules.

Article 15

Grants

In accordance with Article 114 of Regulation (EC, Euratom) No
1605/2002 natural persons may receive grants.

All supplies and materials purchased under contracts
6.
financed under
from the
this Regulation must originate
Community or a country eligible under this Article. The term
‘origin’ for the purpose of this Regulation is defined in the
relevant Community legislation on rules of origin for customs
purposes.

The Commission may,

7.
in duly substantiated cases,
the participation of natural persons who are
authorise
nationals of, or legal persons who are established in other
countries than those referred to in paragraphs 1, 2, and 3, or
the purchase of supplies and materials of different origin from
that set out in paragraph 6. Derogations may be justified on the
the unavailability of products and services in the
basis of
markets of the countries concerned,
for reasons of extreme
urgency, or if the eligibility rules would make the realisation
of a project, a programme or an action impossible or
exceedingly difficult.

8. Whenever Community financing covers an operation
implemented through an international organisation, partici-
pation in the appropriate contractual procedures
shall be
open to all natural or legal persons who are eligible pursuant
to paragraphs 1, 2 and 3 as well as to all natural or legal
persons who are eligible pursuant to the rules of that organi-
sation, care being taken to ensure that equal
is
afforded to all donors. The same rules shall apply in respect
of supplies, materials and experts.

treatment

Article 16

Funds made available to the European Investment Bank or
other financial intermediaries

The funds referred to in Article 8(1)(c) and (h) shall be managed
by financial
intermediaries, the European Investment Bank or
any other bank or organisation capable of managing them. The
Commission shall adopt
this
Article, on a case by case basis to cover risk-sharing, the remu-
neration of the intermediary entrusted with the task of imple-
mentation, the use and recovery of interest on the fund, and the
closure of the operation.

implementing provisions

for

Article 17

Evaluation

The Commission shall regularly evaluate the results of policies
and programmes and the effectiveness of programming in order
to ascertain whether the objectives have been met and enable it
to formulate recommendations with a view to improving future
operations. The Commission shall send significant evaluation
to the committee established in accordance with
reports
feed back into programme
Article 19. These results shall
design and resource allocation.

TITLE IV

FINAL PROVISIONS

Article 18

Report

Whenever Community financing covers an operation cofi-
nanced with a third country, subject to reciprocity as defined
in paragraph 2, with a regional organisation, or with a Member
State, participation in the appropriate contractual procedures
shall be open to all natural or legal persons who are eligible
pursuant to paragraphs 1, 2 and 3 as well as to all natural or
legal persons who are eligible under the rules of such third
country,
regional organisation or Member State. The same
rules shall apply in respect of supplies, materials and experts.

The Commission shall examine progress achieved in imple-
menting the measures undertaken pursuant to this Regulation
and shall submit to the European Parliament and the Council an
annual report on the implementation of the assistance. The
report shall also be addressed to the Economic and Social
Committee and to the Committee of Regions. The report shall
contain information relating to the previous year on the
measures financed,
information on the results of monitoring
and evaluation exercises and the implementation of budget
commitments and payments, broken down by country, region
and cooperation sector.

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Article 19

Committee

The Commission shall be assisted by a committee
the Member States and

1.
composed of
chaired by the representative of the Commission.

the representatives of

2. Where reference is made to this paragraph, the following
procedure shall apply:

(a)

the measures

the representative of the Commission shall submit to the
committee a draft of
to be taken. The
committee shall deliver its opinion on the draft within a
time limit which the chairman may lay down according to
the urgency of the matter. The opinion shall be delivered by
the majority laid down in Article 118(2) of the Euratom
Treaty,
is
from the Commission.
required to adopt on a proposal
The votes of
the Member States
within the committee shall be weighted in the manner set
out in that Article. The chairman shall not vote;

in the case of decisions which the Council

the representatives of

if

these measures

(b) the Commission shall adopt measures which shall apply
in
immediately. However,
accordance with the opinion of the committee, they shall
be communicated by the Commission to the Council
forthwith. In that event, the Commission may defer appli-
cation of the measures on which it has decided for a period
of 30 days;

are not

shall receive agendas for committee meetings, and the results of
voting and summary records of the meetings and lists of the
authorities and organisations to which the persons designated
by the Member States to represent them belong.

An observer from the European Investment Bank may
in the committee's proceedings with regard to

4.
take part
questions concerning the Bank.

Article 20

Financial reference amount

The financial reference amount
Regulation over
524 000 000.

this
the period 2007 to 2013 shall be EUR

for implementation of

Annual appropriations shall be authorised by the budgetary
authority within the limits of
financial
framework.

the multi-annual

Article 21

Review

later than 31 December 2010,

Not
the Commission shall
submit to the European Parliament and the Council a report
evaluating the implementation of this Regulation in the first
three years together, if appropriate, with a legislative proposal
introducing the necessary modifications to the instrument.

(c)

the Council, acting by qualified majority, may take a
different decision within the period provided for under (b).

Article 22

Repeal

3.
The committee shall adopt its rules of procedure, on the
proposal of its chairman, on the basis of standard rules of
procedure as published in the Official
Journal of the European
Union. The committee shall lay down in its rules of procedure
the
special
Commission, where necessary, to adopt special measures by
an emergency procedure.

on consultation which

enable

rules

shall

The following instruments shall be repealed as of 1

1.
January 2007:

— Regulation (EC, Euratom) No 99/2000,

— Decision 98/381/EC, Euratom,

The principles and conditions on public access to documents
applicable to the Commission shall apply to the committee.

— Decision 2001/824/EC, Euratom.

The European Parliament shall be informed by the Commission
it
of committee proceedings on a regular basis. To that end,

The repealed instruments shall continue to apply for legal
years
implementing
and commitments

the budget

2.
acts
preceding 2007.

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Article 23

Entry into force

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the
European Union.

It shall apply from 1 January 2007 until 31 December 2013.

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

Done at Brussels, 19 February 2007.

For the Council
The President

M. GLOS