CELEX: 51999PC0609
Language: en
Date: 1999-11-12
Title: Amended proposal for a Council Regulation (EC) amending Regulation (EC) No 1628/96 relating to aid for Bosnia and Herzegovina, Croatia, the Federal Republic of Yugoslavia and the former Yugoslav Republic of Macedonia, in particular through the setting-up of the European Agency for Reconstruction

28.11.2000             EN                       Official Journal of the European Communities                                         C 337 E/1
                                                                        II
                                                               (Preparatory Acts)
                                                           COMMISSION
               Amended proposal for a Council Regulation (EC) amending Regulation (EC) No 1628/96 relating to
               aid for Bosnia and Herzogovina, Croatia, the Federal Republic of Jugoslavia and the former
               Yugoslav Republic of Macedonia, in particular through the setting-up of the European Agency
                                                            for Reconstruction (1)
                                                              (2000/C 337 E/01)
                                                  COM(1999) 609 final  1999/0132(CNS)
                      (Submitted by the Commission pursuant to Article 189a(2) of the EC Treaty on 12 January 2000)
               (1) OJ C 21 E, 25.1.2000, p. 13.
                          INITIAL PROPOSAL                                                         AMENDED PROPOSAL
                                                                    Recital 7
Regulation (EC) No 1628/96 should be amended to take                        Regulation (EC) No 1628/96 should be amended to take
account of the specific requirements for Kosovo’s recon-                    account of the specific requirements for Kosovo’s recon-
struction, which will demand the rapid implementation of                    struction, which will demand the rapid implementation of
numerous small-scale projects, measures to support returning                numerous small-scale projects, measures to support returning
refugees and the assistance of experts covering a wide range of             refugees and the assistance of experts covering a wide range of
fields. Provisions should therefore be laid down for setting up             fields. These projects should be accompanied by support for
and running a European Agency for reconstruction (hereinafter               democratic institutions and civil society, the judicial, the media,
referred to as the 9Agency:) that can be charged by the                     education, and welfare and health systems. Provisions should
Commission         with    implementing       the    reconstruction         therefore be laid down for setting up and running a European
programmes;                                                                 Agency for reconstruction (hereinafter referred to as the
                                                                            9Agency:) that can be charged by the Commission with
                                                                            implementing the reconstruction programmes;
                                                                   Recital 7a
                                                                            The reconstruction efforts must combine with those of the
                                                                            people of Kosovo.
                                                                    Recital 9
Reconstruction assistance should be coordinated with the                    Reconstruction assistance should be coordinated with the
European Investment Bank, the international financial insti-                European Investment Bank, the international financial insti-
tutions, the Office of the United Nations High Commissioner                 tutions, the Office of the United Nations High Commissioner
for Refugees.                                                               for Refugees and the relevant non-governmental organisations.
                                                        Article 14, third subparagraph
Any decision to extend the Agency’s activities to parts of the              Any decision to extend the Agency’s activities to parts of the
FRY other than Kosovo, which shall include the arrangements                 FRY other than Kosovo, which shall include the arrangements
for identifying the bodies referred to in Article 3, shall be taken         for identifying the bodies referred to in Article 3, shall be taken
by the Council acting by a qualified majority on a proposal                 by the Council acting by a qualified majority on a proposal
from the Commission. In the light of that decision, the Agency              from the Commission and after consultation of the European
may estabish other operational centres.                                     Parliament. In the light of that decision, the Agency may
                                                                            estabish other operational centres.
 ---pagebreak--- C 337 E/2            EN                     Official Journal of the European Communities                                 28.11.2000
                        INITIAL PROPOSAL                                                     AMENDED PROPOSAL
                                                            Article 15(1)(c)
(c) Implementing the programmes provided for in the third              Unchanged
    subparagraph of Article 10(1), cooperating wherever
    possible with the local population and where necessary
    drawing on the services of operators selected by calls for
    tender. The Commission may accordingly make the Agency
    responsible for all operations required to implement the
    programmes, notably:
(otherwise unchanged)
                                                             Article 17(11)
The Governing Board shall lay down the principles necessary            Unchanged
for implementation of the reconstruction programmes. On a
proposal by the Director, it shall decide upon the main issues
relating to the Agency’s activities, e.g.:
D proposals for programmes by other donors for possible
    implementation by the Agency;
D setting the multiannual contractual framework with the
    provisional authority responsible for the administration of
    Kosovo, to implement the aid decided on in the framework
    of the programmes referred to in Article 10;
D whether representatives of the countries and organisations
    delegating implementation of their programmes to the
    Agency should be present as observers on its Governing
    Board.
                                                                       The Governing Board shall be consulted on:
                                                                       D draft programmes to be submitted to the Commission;
                                                                       D the methods of evaluating and properly implementing the
                                                                           projects;
                                                                       D the finalisation, any adjustments to, and implementation of
                                                                           projects;
                                                             Article 18(1)
1.    The Director of the Agency for a term of office of thirty        1.    The Director of the Agency shall be appointed by the
months. The term of office may be terminated by the same               Commission for a term of office of thirty months. The term
procedure.                                                             of office may be terminated by the same procedure.
                                                             Article 20(4)
4.     The Governing Board, after receiving the opinion of the         Unchanged
Commission, shall adopt the budget of the Agency together
with the work programme at the beginning of each financial
year, adjusting it to the various contributions granted to the
Agency and to funds from other sources. The budget shall also
specify the number, grade and categories of staff employed by
the Agency during the financial year in question.
 ---pagebreak--- 28.11.2000          EN                        Official Journal of the European Communities                                     C 337 E/3
                        INITIAL PROPOSAL                                                         AMENDED PROPOSAL
                                                                          In the interests of budgetary transparency, funds from sources
                                                                          other than the Community budget shall appear separately in
                                                                          the Agency’s statement of revenue. Administrative and
                                                                          personnel expenditure shall be clearly separated from the
                                                                          programme’s operating expenditure in the statement of expen-
                                                                          diture.
                                                                 Article 25
The Commission shall submit to the Council before 30 June                 The Commission shall submit to the Council before 30 June
2000 a progress report on the implementation of this Regu-                2000 a progress report on the implementation of this Regu-
lation; it may if appropriate make proposals, notably with a              lation; it may if appropriate make proposals, notably with a
view to establishing a unified regulatory framework for                   view to establishing a unified regulatory framework for
assistance to Albania, Bosnia and Herzegovina, Croatia, the               assistance to Albania, Bosnia and Herzegovina, Croatia, the
Federal Republic of Yugoslavia and the Former Yugoslav                    Federal Republic of Yugoslavia and the Former Yugoslav
Republic of Macedonia.                                                    Republic of Macedonia and, possibly, to extending the
                                                                          Agency’s activities to areas other than those referred to in
                                                                          Article 14.
                                    Declaration by the Council and the Commission on Article 16
The location of the Agency’s seat in Thessaloniki will facilitate         Unchanged
coordination with other instances with responsibilities in the
Balkans, and in particular the coordinator of the Stability Pact.
Meetings of the Governing Board will take place at the
Agency’s seat. The seat will house the Agency’s general
service departments, including those handling legal affairs
and litigation, and the central departments responsible for
administration, auditing, accounting, publications and
information to businesses.