CELEX: 51997PC0420
Language: en
Date: 1997-07-29
Title: Proposal for a Council Regulation (EC) amending Regulation (EC) No 1628/96 of 25 July 1996 relating to aid for Bosnia-Herzegovina, Croatia, the Federal Republic of Yugoslavia and the former Yugoslav Republic of Macedonia

COMMISSION OF THE EUROPEAN COMMUNITIES
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                                               Brussels, 29.07.1997
                                               COM(97) 420 final
                                     Proposal for a
                           COUNCIL REGULATION (EC)
          amending Regulation (EC) No 1628/96 of 25 July 1996 relating to aid
          for Bosnia-Herzegovina, Croatia, the Federal Republic of Yugoslavia
                    and the former Yugoslav Republic of Macedonia
                             (presented by the Commission)
 ---pagebreak---  ---pagebreak---                          EXPLANATORY MEMORANDUM
The regulation concerning aid for reconstruction to ex-Yugoslavia contains an annex
concerning the award of contracts. This annex will not be applied before the 1st
January 1998 and may be amended by the Council acting by a qualified majority on a
proposal from the Commission (cf. Art. 11, 3rd alinéa of the the regulation).
The Commission may put forward a proposal from 1st July 1997.
During negotiations in the working group of the Council on 5th June 1996 the annex
was discussed in detail and an agreement was reached on a text (Doc.7545/96).
However, the text did not find unanimity on the level of the Council.
The present amendment and the statement of the Commission correspond to the result
of the working group (see annexes I and II).
The proposal is based on Article 11 of the Regulation which states that "this annex
may be amended by the Council acting by qualified majority".
The Council is invited to:
.1. adopt the annexed proposition;
2. take note of the annexed statement of the Commission.
                                         a.
 ---pagebreak--- ANNEXI
                                   Proposal for a
                          COUNCIL REGULATION ( F Q
       amending Regulation (EC) No 1628/96 of 25 July 1996 relating to aid
        for Bosnia-Herzegovina, Croatia, the Federal Republic of Yugoslavia
                  and the former Yugoslav Republic of Macedonia
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation 1628/96, and in particular Article 11, which states that the
annex to the said regulation may be amended by the Council acting by a qualified
majority on a proposal from the Commission, which the latter may put forward from 1
July 1997,
Having regard to the proposal from the Commission,
Whereas the Annex to Regulation No 1628/96 contains rules governing the award of
contracts by tendering, in particular restricted tendering, for projects in the field referred
to in the second, sixth and seventh indents of Article 4(2),
Whereas Article 11 of the Regulation requires the Commission to follow those rules as of
1 January 1998,
Whereas the Commission put forward a proposal for an amendment on              ,
                                             3
 ---pagebreak--- HAS ADOPTED THIS REGULATION:
                                         Article 1
The Annex to the Regulation shall be replaced by the following:
1. The Commission shall chair all evaluation committees and shall appoint a sufficient
number of evaluators before invitations to tender are issued. One evaluator should come
from the recipient institution of the country concerned. All evaluators shall sign a
declaration of impartiality.
2. Companies, organizations or institutions which have expressed interest in a project in
writing shall be informed whether or not they have been included on the short-list.
Unsuccessful tenderers shall be informed by letter of their rejection."
                                         Article 2
This Regulation shall enter into force on the day following its publication in the Official
Journal of the European Communities.
It shall apply until 31 December 1999.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
                                          V
 ---pagebreak--- ANNEX II
                        STATEMENT BY THE COMMISSION
1. Any natural or legal person involved in the preparation of a project shall be excluded
from participation in its implementation. If any participating tenderer employs such
persons, in any capacity, within six months of the termination of their involvement in the
tender process that tenderer may be excluded from participation in the project. Any
tenderer included in a short-list shall be excluded from participation in the evaluation of
that tender.
2. A minimum period of 30 days shall elapse between the Committee's final opinion and
the issue of the invitation to tender. In emergencies, however, the Commission may
reduce this period, provided that a detailed explanation is supplied to the Committee.
An invitation to tender shall allow a time-limit of 30 days from the date of
publication/dispatch of the letter of invitation. In emergencies this period may be
reduced but it may never be less than 20 days.
                                             <r
 ---pagebreak---  ---pagebreak---                                                                    ISSN 0254-1475
                                                            COM(97) 420 final
                                              DOCUMENTS
EN                                                                11 10 08
                                     Catalogue number : CB-CO-97-423-EN-G
                                                             ISBN 92-78-23733-7
Office for Official Publications of the European Communities
L-2985 Luxembourg
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