Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EC) No 1085/2006 establishing an Instrument for Pre-Accession Assistance (IPA)
Date: 2012-06-20
Institutions: European Commission
Subjects: Kosovo, Serbia, pre-accession aid

EUROPEAN COMMISSION 

Brussels, 20.6.2012  
COM(2012) 329 final 

2012/0159 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

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

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EXPLANATORY MEMORANDUM 

1. 

BACKGROUND  

The European Council of 1-2 March 2012 endorsed the Council's conclusions of 28 February 
2012 on enlargement and the Stabilisation and Association Process and agreed to grant Serbia 
the status of candidate country.  

The  Commission  therefore  proposes  to  the  Council  and  the  Parliament  to  amend  Council 
Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument for Pre-Accession 
Assistance  (IPA)1  with  a  view  to  transferring  Serbia  from  the  list  of  potential  candidate 
countries (Annex II) to the list of candidate countries (Annex I). 

Existing provisions in the area of the proposal 

Regulation  (EU)  No  540/2010  of  the  European  Parliament  and  of  the  Council  of  16  June 
20102 and Regulation (EU) No 153/2012 of the European Parliament and of the Council of 15 
February  20123,  both  amending  Council  Regulation  (EC)  No  1085/2006  of  17  July  2006 
establishing an Instrument for Pre–Accession Assistance (IPA). 

2. 

CONSULTATION OF INTERESTED PARTIES AND COLLECTION AND USE OF EXPERTISE  

The  Commission  has  carried  out  an  internal  consultation.  There  was  no  need  for  external 
expertise.  

Impact assessment 

Not applicable. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Summary  of  the  proposed  action:  one  amendment  to  the  Council  Regulation  (EC)  No 
1085/2006 of 17 July 2006 establishing an Instrument for Pre-Accession Assistance (IPA). 

Serbia will be transferred from the list of potential candidate countries (Annex II) to the list of 
candidate countries (Annex I), following the decision of the European Council on 1–2 March 
2012.  

Legal basis 

Article 212 (2) of the Treaty of the Functioning of the European Union.  

Subsidiarity principle 

Not applicable. 

1 
2 
3 

OJ L 210, 31.7.2006, p.82 
OJ L 158, 24.6.2010, p.7 
OJ L 58, 29.2.2012, p.1 

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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 

This measure does not involve any additional expenditure.  

5. 

ADDITIONAL INFORMATION 

Simplification 

Not applicable. 

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2012/0159 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

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

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  of  the  Functioning  of  the  European  Union  and  in  particular 
Article 212 (2) thereof, 

Having regard to the proposal from the European Commission1, 

After transmission of the draft legislative act to the national Parliaments, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument for 
Pre-Accession  Assistance  (IPA)2  provides  for  assistance  to  candidate  countries  and 
potential  candidate  countries  in  their  progressive  alignment  with  the  standards  and 
policies  of  the  Union,  including  where  appropriate  the  acquis,  with  a  view  to 
membership. 

Council  Regulation  (EC)  No  1085/2006  makes  a  clear  distinction  between  candidate 
countries and potential candidate countries. 

The  European  Council  of  1-2  March  2012  endorsed  the  Council's  conclusions  of  28 
February  2012  on  enlargement  and  the  Stabilisation  and  Association  Process  and 
agreed to grant Serbia the status of a candidate country. 

(4) 

Regulation (EC) No 1085/2006 should therefore be amended accordingly, 

HAS ADOPTED THIS REGULATION: 

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

Article 1 

1 
2 

OJ C , , p. . 
OJ L 210, 31.7.2006, p. 82 

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(1) 

In Annex I, the following entry is inserted after the entry concerning Montenegro:  

"— Serbia". 

(2) 

In  Annex  II,  the  entry"—  Serbia,  including  Kosovo  (1)  [(1)  As  defined  in  UNSCR 
1244]" is replaced by the following:  

"— Kosovo* [* This designation is without prejudice to positions on status, and is in 
line  with  UNSCR  1244  and  the  ICJ  Opinion  on  the  Kosovo  Declaration  of 
Independence"]. 

Article 2 

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

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

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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