CELEX: 51985PC0042
Language: en
Date: 1985-02-21
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) ON THE APPLICATION OF THE AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE PORTUGUESE REPUBLIC CONCERNING THE IMPLEMENTATION OF SPECIFIC FINANCIAL AID FOR IMPROVING AGRICULTURAL AND FISHERIES STRUCTURES IN PORTUGAL

N o C 86/14                             Official Journal of the European Communities                                   4.4.85
              Proposal for a Council Regulation on the application of the Agreement in the form of an
              exchange of letters between the European Economic Community and the Portuguese Republic
              concerning the implementation of specific financial aid for improving agricultural and fisheries
                                                     structures in Portugal
                                                       COM(85) 42 final
                              (Submitted by the Commission to the Council on 26 February 1985)
                                                         (85/C 86/11)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                                     Article 2
Having regard to the Treaty establishing the European              The appropriations for the financing of the projects,
Economic Community, and in particular Article 209                   programmes or schemes provided for in the Agreement
thereof,                                                            shall be administered by the Commission, in accordance
                                                                   with the Financial Regulation applicable to the general
Having regard to the proposal from the Commission,                  budget of the European Communities.
Having regard to the opinion of the European Par-                                            Article 3
liament,
                                                                    However, the Commission shall adopt detailed
Having regard to the opinion of the Court of Auditors,              administrative rules, having particular regard to the
                                                                    appointment of financial implementing bodies, and
Whereas the European Economic Community and the                    conditions guaranteeing equal competition, to the extent
Portuguese Republic have concluded an Agreement in                  to which such rules are necessary for the purpose of
the form of an exchange of letters concerning the                  implementing the Agreement.
implementation of specific financial aid for improving
agricultural and fisheries structures in Portugal (*),                                       Article 4
hereinafter referred to as the 'Agreement';
                                                                   The implementation of the aid shall be discussed periodi-
Whereas this Agreement fixes the total amount of                   cally by representatives of the Member States and the
specific financial aid for improving agricultural and               Commission. These discussions shall cover in particular
fisheries structures in Portugal at 50 million ECU, in the         the information obtained by the Commission from
form of a grant;                                                    Portugal on the financing sought and on the operations
                                                                   which the Commission intends to submit for opinions in
Whereas it is necessary to lay down implementing and                accordance with Article 6.
administrative rules which, while based on those
established in respect of the Agreements and Protocols                                       Article 5
concluded      by     the    Community       with     certain
Mediterranean countries, take account of the specific               1.    A committee, hereinafter referred to as the 'Article
objectives of the aid in question;                                  5 Committee', consisting of representatives of the
                                                                   Member States, shall be set up under the auspices of the
Whereas the rules for the administration of the aid                Commission.
should be established, the procedure for examining and
approving the projects, programmes or schemes provided             The Article 5 Committee shall be chaired by a rep-
for in the Agreement should be determined, and the                 resentative of the Commission; its secretarial services
detailed rules for supervising the use of the aid should be         shall be provided by the Commission.         j
defined;
                                                                   2.     The Committee shall adopt its own rules of
Whereas a Committee of representatives of the Member               procedure.
States should be set up under the auspices of the
Commission for the administration of the operations to              3.    Within the Article 5 Committee, the votes of the
be financed,                                                       Member States shall be weighted in accordance with
                                                                   Article 148 (2) of the EEC Treaty.
HAS ADOPTED THIS REGULATION:
                                                                   The Article 5 Committee shall act by a majority of 45
                                                                   votes.
                          Article 1
In implementing the specific financial aid to Portugal,                                      Article 6
the Commission shall ensure that the general guidelines
and objectives of the Agreement are applied.                        1.    The Article 5 Committee shall give its opinion on
                                                                   draft financing decisions for cooperation projects or
                                                                   programmes and technical assistance schemes in Portugal
0) OJ No L 333, 21. 12. 1984, p. 8.                                submitted to it by the Commission.
 ---pagebreak--- 4.4.85                                  Official Journal of the European Communities                             No C 86/15
2. The draft financing decisions for projects,                     application of the decisions which it has adopted for not
programmes or schemes shall explain their relevance in             more than two months from the date of such communi-
the context of Portugal's preparation for accession and            cation. The Council, acting by a qualified majority, may
shall assess the effectiveness of each project, programme          take a different decision within two months.
or scheme by setting the effects it is expected to produce
against the resources to be invested in it.                                                  Article 8
3. The assessment by the Article 5 Committee shall                 1. The Commission shall ascertain, in close collab-
relate inter alia to the conformity of the projects,               oration with the relevant authorities in Portugal, how
programmes or schemes with the aid objectives laid                 projects financed with Community aid are used by the
down in the Agreement.                                             recipients and to what extent the objectives of the aid
                                                                   have been attained.
                           Article 7
                                                                   2. The Commission shall inform the Council and the
The draft financing decisions referred to in Article 6,            European Parliament, at their request and at least once a
together with the opinion of the Article 5 Committee,              year, of the results of the investigation provided for in
shall be submitted to the Commission for a decision.               paragraph 1.
The Commission shall adopt decisions which shall apply
                                                                                             Article 9
immediately. However, if the measures are not in
accordance with the opinion of the Committee, they                 This Regulation shall enter into force on the third day
shall forthwith be communicated by the Commission to               following its publication in the Official Journal of the
the Council. In that event, the Commission shall defer             European Communities.