Proposal for a Council Regulationamending Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument for Pre-Accession Assistance (IPA) EN .
Date: 2009-10-29
Institutions: European Commission
Subjects: EU aid, EU financing, Iceland, accession to the European Union, pre-accession strategy

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 29.10.2009 
COM(2009)588 final 

2009/0163 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an 
Instrument for Pre-Accession Assistance (IPA)  

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EXPLANATORY MEMORANDUM 

1. 

BACKGROUND  

On  16  July  2009,  Iceland  presented  its  application  to  the  Council  to  become  a 
member  of  the  European  Union.  The  General  Affairs  Council  in  its  session  on  27 
July  2009,  recalling  the  renewed  consensus  on  enlargement  expressed  in  the 
conclusions of the European Council of 14/15 December 2006, and particularly the 
principle  that  each  applicant  country  is  assessed  on  its  own  merits,  decided  to 
implement the procedure laid down in Article 49 of the Treaty on European Union. 
Accordingly,  the  Commission  was  invited  to  submit  to  the  Council  its  opinion  on 
Iceland's  application.  Pending  the  presentation  of  the  Commission's  opinion  to  the 
Council, Iceland can be considered as a potential candidate country.  

Amendments  to  the  Council  Regulation  (EC)  No  1085/2006  of  17  July  2006 
establishing  an  Instrument  for  Pre-Accession  Assistance  (IPA)  (1)  are  therefore 
necessary in order to enable Iceland to benefit from the assistance provided under the 
umbrella  of  IPA  for  the  potential  candidate  countries.  The  first  amendment  is 
introduced  in  Annex  II  and  foresees  including  Iceland  in  the  list  of  potential 
candidate  countries.  Secondly,  an  amendment  is  introduced  in  Article  4.  Article  4 
stipulates  that  assistance  under  the  regulation  is  provided  in  accordance  with  the 
general policy framework for pre-accession defined by the European and Accession 
Partnerships and taking due account of the Reports and the Strategy Paper comprised 
in  the  annual  Enlargement  package  of  the  Commission.  Considering  that  the 
European  and  Accession  Partnerships  have  been  designed  particularly  for  the 
Western  Balkans  and  Turkey  to  provide  guidance  for  EU  integration  and 
harmonisation  with  acquis,  and  the  fact  that  Iceland  is  integrated  in  the  European 
Economic Area, it is necessary to introduce a minor amendment to Article 4, notably 
by adding a paragraph which specifies that support to Iceland is provided only on the 
basis  of  the  Reports  and  Strategy  Paper  comprised  in  the  annual  Enlargement 
package  of  the  Commission.  This  amendment  will  exclude  the  application  of  the 
European and Accession Partnerships to Iceland.  

Existing provisions in the area of the proposal 

Commission Regulation (EC) No 718/2007  of  12 June  2007 implementing  Council 
Regulation  (EC)  No  1085/2006  establishing  an  instrument  for  pre-accession 
assistance (IPA)(2). 

Consistency with the other policies and objectives of the Union 

Not applicable. 

2. 

CONSULTATION OF INTERESTED PARTIES AND COLLECTION AND USE OF EXPERTISE  

There was no need for consultation of interested parties or for external expertise. 

(1) 
(2) 

OJ L 210, 31.7.2006, p. 82, corrigenda OJ L 18, 25.1.2007, p. 11 
OJ L 170, 29.6.2007, p. 1 

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Impact assessment 

Not applicable. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Summary of the proposed action 

An amendment has to be introduced to Annex II of the Council Regulation (EC) No 
1085/2006 of 17 July 2006 establishing an Instrument for Pre-Accession Assistance 
(IPA) by adding Iceland in the list of the potential candidate countries.  

Legal basis 

Article 181a of the Treaty establishing the European Community in conjunction with 
Article 49 of the Treaty of European Union.  

Subsidiarity principle 

Not applicable. 

Proportionality principle 

Not applicable. 

Choice of instruments 

Proposed instrument: amendment to the Council Regulation. 

Other means would not be adequate for the following reason: a Regulation must be 
amended by a Regulation. 

4. 

BUDGETARY IMPLICATIONS 

No budgetary implications.  

Additional information 

Simplification 

Not applicable. 

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2009/0163 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an 
Instrument for Pre-Accession Assistance (IPA)  

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission (3), 

Having regard to the opinion of the European Parliament (4), 

Having regard to the opinion of the Committee of the Regions (5), 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Council Regulation (EC) No 1085/2006 of 17 July 2006 (6) establishing an Instrument 
for  Pre-Accession  Assistance  provides  for  assistance  to  candidate  and  potential 
candidate  countries  in  their  progressive  alignment  with  the  standards  and  policies  of 
the European Union, including, where appropriate, acquis communautaire with a view 
to membership. 

Article  49  of  the  Treaty  on  European  Union  states  that  any  European  State  which 
respects  the  principles  of  liberty,  democracy,  respect  for  human  rights  and 
fundamental  freedoms,  and  the  rule  of  law  may  apply  to  become  a  member  of  the 
Union. 

The European Council of 14 December 2006 in its conclusions expressed the renewed 
consensus  on  enlargement,  including  the  principle  that  each  applicant  country  is 
assessed on its own merits.  

Following Iceland's application for membership to the European Union, submitted on 
16  July  2009,  the  Council  has  invited  the  Commission  to  submit  to  the  Council  its 
opinion  on  Iceland's  application.  Iceland  can  therefore  be  considered  as  a  potential 
candidate country. 

(3) 
(4) 
(5) 
(6) 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ L 210, 31.7.2006, p. 82, corrigenda OJ L 18, 25.1.2007, p. 11 

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(5) 

(6) 

Under  Council  Regulation  (EC)  No  1085/2006  assistance  to  potential  candidate 
countries and candidate countries from the Western Balkans and Turkey is provided, 
inter alia, in accordance with the European and Accession Partnerships.  

Iceland  is  a  member  of  the  European  Economic  Area,  therefore  assistance  under 
Council  Regulation  (EC)  No  1085/2006  shall  be  provided  taking  due  account  of  the 
Reports  and the Strategy Paper comprised in the annual Enlargement package of the 
Commission.  

HAS ADOPTED THIS REGULATION: 

Article 1 

Council Regulation (EC) No 1085/2006 is amended as follows: 

(1) 

In Article 4 the following subparagraph is added: 

"For Iceland assistance shall be provided in particular subject to the Reports and the 
Strategy Paper of the Enlargement package." 

(2) 

In Annex II, the word "Iceland" is added after "Bosnia and Herzegovina".  

This Regulation shall enter into force on the twentieth 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 
Olli 
Member of the Commission 

REHN 

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