CELEX: 51977PC0068
Language: en
Date: 1977-03-24
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON THE APPLICATION OF THE PROVISIONS OF PROTOCOL NO 1 TO THE COOPERATION AGREEMENTS CONCLUDED WITH ALGERIA, MOROCCO AND TUNISIA

No C 99/2                         Official Journal of the European Communities                               22. 4. 77
                                                         II
                                                 (Preparatory Acts)
                                            COMMISSION
             Proposal for a Council Regulation on the application of the provisions of Protocol
             No 1 to the Cooperation Agreements concluded with Algeria, Morocco and Tunisia
                        (Submitted by the Commission to the Council on 31 March 1977)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                      Whereas a Committee of representatives of the
                                                               Member States should be set up under the auspices of
Having regard to the Treaty establishing the                  the Commission;
European Economic Community, and in particular
Article 209 thereof,                                          Whereas it should be stipulated that the draft
                                                               financing proposals drawn up by the bank for
Having regard to the proposal from the Commission,            operations not covered from its own resources should
                                                              be submitted for opinion to a committee of
Having regard to the opinion of the European                  representatives of the Governments of the Member
Parliament,                                                   States;
Whereas Protocol No 1 to the Cooperation                      Whereas the work done by the Commission and the
Agreements with Algeria, Morocco and Tunisia,                  bank to apply the Agreements should be harmonized;
hereinafter called the 'Agreements', fixed the                whereas it is therefore desirable that, as far as
aggregate amount of Community aid to those                    possible, the composition of the committees set up
countries at 114 million, 130 million and 95 million           under the auspices of the Commission and of the
units of account respectively, comprising 116 million         bank should be identical;
units of account in the form of loans on special
terms, 56 million units of account in the form of             Whereas the Council adopted on \ 6 July 1974 a
grants and 167 million units of account in the form           resolution on the harmonization and coordination of
of loans accorded by the EIB from its own resources;          Member States' cooperation policies,
Whereas the unit of account applicable in the context
of the Agreements was defined in a declaration
                                                              HAS ADOPTED THIS REGULATION:
included in the Final Act of the said Agreements;
Whereas the detailed rules for the administration of
the aid not covered by the bank's own resources must                                  Article 1
be laid down;
                                                               In putting into operation the aid to Algeria, Morocco
Whereas the rules for the management of financial              and Tunisia, the Commission shall be responsible for
and technical cooperation should be determined, the            implementing the aid policy defined by the Council
 procedure for laying down guidelines for examining            and the general guidelines for financial and technical
and approving aid should be decided and the detailed           cooperation defined by the Cooperation Councils
 rules for supervising the use of that aid should be           pursuant to Article 5 of the Agreements and Articles
defined;                                                       9 and 16 of Protocol No 1 thereto.
 ---pagebreak--- 22. 4. 77                          Official Journal of the European Communities                            No C 99/3
                        Article 2                            The Commission shall compile this information in
                                                             collaboration with the bank.
1.    The appropriations for the financing of aid not
                                                             Member States shall at the same time inform the
covered from the bank's own resources shall be
                                                             Commission of any bilateral aid they have granted or
administered by the Commission, in accordance with
                                                             intend to grant.
the Financial Regulation of 25 April 1973 applicable
to the general budget of the Communities.                    Furthermore, the Commission shall forward to        the
                                                             Committee referred to in Article 6 all available     in-
                                                             formation on any other bilateral or multilateral    aid
2.    The Commission shall itself administer the             granted or envisaged for Algeria, Morocco             or
special loans for rural development and social               Tunisia.
infrastructure, and the grants for technical assistance
programmes or schemes in whatever sector.                    To this end, and in order to keep Member States
                                                             informed, the Commission shall obtain all relevant
A general mandate will be given to the bank by the           information on aid to the States concerned which
Commission in the name of the Community, to                  Member States, international institutions and other
administer the interest rate subsidies for loans from        aid donors have granted or intend to grant.
its own resources, the special loans and the risk
capital operations in the industrial, energy, mining,
tourism and economic infrastructure sectors.                                        Article 5
                                                             The position to be taken by the Community with a
3.    Operations covered by the mandate established          view to defining aid guidelines within the
pursuant to paragraph 2 shall be undertaken by the           Cooperation Council shall be adopted by the Council
bank on behalf and at the risk of the Community.             on a proposal from the Commission drawn up in
The bank shall act in accordance with the procedures         close cooperation with the bank. In the event of
laid down by its statute, subject to Articles 9 and 10       disagreement, the bank shall state its position in the
of this Regulation.                                          Council.
The special conditions of the mandate, and in                                       Article 6
particular the provisions concerning movements of
                                                             1.    A Committee (hereinafter called the 'Article 6
funds and the remuneration for executing the
                                                             Committee'), consisting of representatives of the
mandate, shall be the subject of an agreement
                                                             Member States, shall be set up under auspices of the
between the Commission and the bank.
                                                             Commission.
                                                             The Article 6 Committee shall be chaired by a
4.    The limit to the sums which may be committed           representative of the Commission; its secretariat shall
by the bank in any year in executing the mandate             be provided by the Commission.
shall be fixed annually. This limit may be reviewed
during the year in question.                                 A representative of the bank shall take part in its
                                                             work.
                        Article 3                            2.    The Council, acting unanimously, shall adopt
                                                             the Rules of Procedure of the Article 6 Committee (1).
The unit of account used for applying the Regulation
shall be that defined in the declaration by the              3.    Within the Article 6 Committee, the votes of the
European Economic Community relating to Article 2            Member States shall be weighted in accordance with
of Protocol No 1 and included in the Final Act signed        Article 148 (2) of the Treaty.
at the same time as each of the Agreements.
                                                             The Article 6 Committee shall act by a majority of 41
                                                             votes.
                        Article 4                                                   Article 7
                                                             1.    The Article 6 Committee shall give its opinion
The Commission shall provide the Member States
                                                             on draft financing proposals for projects or
with information obtained from Algeria, Morocco
                                                             programmes submitted to it by the Commission.
and Tunisia as regards the content and prospects of
their development plans, the objectives they have set
themselves and projects already identified which are         (*) The Rules of Procedure would make provision for the
likely to attain these objectives.                               Committee to be consulted by written procedure.
 ---pagebreak--- No C 99/4                                  Official J o u r n a l of the E u r o p e a n Communities                                    22. 4, 77
2.       T h e d r a f t financing proposals for these projects              the general guidelines a d o p t e d by the C o o p e r a t i o n
shall explain the relevance of the projects to the                           Councils.
development prospects of the country or countries
concerned; where appropriate, they s h a l l mention the                     In addition, this C o m m i t t e e shall be i n f o r m e d by the
use to which such countries have p u t previous                              b a n k of any loans w i t h o u t interest rate subsidies t h a t
C o m m u n i t y aid.                                                       it intends to grant.
They shall include in particular measures p r o m o t i n g ,                2.       T h e Council, acting unanimously, shall a d o p t
in accordance with Article 12 of Protocol N o 1 to the                       the Rules of Procedure of the Article 9 C o m m i t t e e (*).
Agreements, participation by national firms of
Algeria, M o r o c c o and Tunisia, in carrying out the                      3.        Within the Article 9 Committee, the votes of the
projects.                                                                     M e m b e r States shall be weighted in accordance w i t h
                                                                             Article 148 (2) of the T r e a t y .
The         Committee's         assessment   shall    cover the
conformity of               the    projects with      Community
                                                                             4.        T h e Article 9 C o m m i t t e e shall act by a majority
development aid policy, with the objectives of                               of 41 votes.
financial and technical cooperation laid d o w n in the
Agreements and with the general guidelines adopted
by the Cooperation Councils.                                                                                  Article   10
                                                                              1.       T h e d o c u m e n t in which the b a n k submits d r a f t
                                 Article 8                                   financing proposals to the Article 9 C o m m i t t e e shall,
                                                                             in particular, explain the relevance of the projects to
T h e d r a f t financing proposals referred to in Article 7,                the development prospects of the country or
together with the opinion of the Article 6 Committee,                        countries concerned and, where appropriate, indicate
shall be submitted to the Commission for its decision.                       the situation as regards loans granted by the
                                                                             Community.
If the Commission decides to differ f r o m the opinion
expressed by the Committee, or if the C o m m i t t e e has                   2.       W h e r e the Article 9 C o m m i t t e e and the
not delivered a favourable opinion, it shall either                          Commission deliver a f a v o u r a b l e opinion in respect
w i t h d r a w the financing proposal or, at the earliest                   of a request for a loan with an interest rate subsidy,
opportunity, refer the p r o p o s a l to the Council which                  the request shall be submitted for a decision to the
shall decide on it by a qualified majority.                                  Board of Directors of the b a n k , which shall act in
                                                                             accordance with the provisions of the b a n k ' s statute.
                                                                             In the absence of a f a v o u r a b l e opinion f r o m the
                                Article  9                                   Article 9 C o m m i t t e e or in the event of a u n f a v o u r a b l e
                                                                             opinion f r o m the Commission, the b a n k shall either
1.       T h e d r a f t financing proposals d r a w n up by the             w i t h d r a w the application or request t h a t the M e m b e r
bank, in implementation of the general m a n d a t e                         State taking the chair of the Article 9 C o m m i t t e e
referred to in Article 2 (2), shall be submitted for an                      bring, the matter before the Council as soon as
opinion to a committee consisting of representatives                         possible ( 2 ).
of the M e m b e r States, herinafter called the 'Article 9
Committee'.                                                                  3.        W h e r e , in respect of a d r a f t financing p r o p o s a l
                                                                             by special loan or risk capital, the Article 9
T h e Article 9 C o m m i t t e e shall be chaired by the                    C o m m i t t e e and the Commission deliver a f a v o u r a b l e
representative of the M e m b e r State currently                            opinion, the p r o p o s a l shall be submitted for a
assuming the Presidency of the Board of Governors
of the b a n k ; its secretariat shall be provided by the
bank.                                                                        (J) The Rules of Procedure would make provision for the
                                                                                   Committee to be consulted by written procedure.
A representative of the Commission shall take p a r t in                     (2) The EIB wishes to replace this subparagraph by the
its w o r k . H e shall express the Commission's opinion                          following:
on the financing proposals submitted by the b a n k .                              'In the absence of a favourable opinion from the
                                                                                  Article 9 Committee or in the event of an unfavourable
                                                                                   opinion from the Commission, the bank shall either
T h e assessment by the C o m m i t t e e and the                                  withdraw the request or decide to uphold it. In the
Commission shall cover the c o n f o r m i t y of the                              latter event, this request, together with the reasoned
projects with C o m m u n i t y development aid policy,                            opinion of the Committee and the opinion of the
                                                                                   Commission, shall be submitted for a decision to the
with the objectives of financial and technical                                    Board of Directors of the bank, which shall act in
cooperation laid d o w n by the Agreements and with                                accordance with the provisions of the bank's statute.'
 ---pagebreak--- 22. 4. 77                             Official Journal of the European Communities                          N o C 99/5
decision to the Board of Directors of the bank, which                                    Article   11
shall act in accordance with the provisions of the
bank's statute.                                                  1.    The Commission shall ascertain how the
In the absence of a favourable opinion from the                  Community aid administered by it is used by Algeria,
Article 9 Committee or in the event of an                        Morocco and Tunisia or by any other recipients.
unfavourable opinion from the Commission, the
bank shall either withdraw the proposal or request
that the Member State taking the chair of the Article            2.    It shall also ascertain, in close collaboration
9 Committee bring the matter before the Council as               with the relevant authorities of the country or
soon as possible.                                                countries concerned, how projects financed with
                                                                 Community aid are used by the recipients.
4.     Where, in the absence of a favourable opinion
from the Article 9 Committee or in the event of an
                                                                 3.    When ascertaining how Community aid and
unfavourable opinion from the Commission, the
                                                                 projects are used, as provided for in paragraphs 1
matter is brought before the Council in accordance
                                                                 and 2, the Commission shall examine jointly with the
with paragraphs 2 and 3, the bank's request or
                                                                 bank the extent to which the objectives defined
proposal shall be submitted to the Council together
                                                                 pursuant to Article 5 of the Agreements and Articles
with the reasoned opinions of the Article 9
                                                                 9 and 16 of Protocol N o 1 thereto have been
Committee and the Commission (1).
                                                                 attained.
The Council shall take its decision by a qualified
majority.
                                                                 4.    The Commission shall inform the Council at
If the Council decides to confirm the position taken             least once a year of its findings pursuant to
by the Article 9 Committee and by the Commission,                paragraphs 1, 2 and 3.
the bank shall withdraw its proposal.
If, however, the Council is in agreement with the
bank's proposal, the bank shall implement the
procedures under its statute.                                                            Article   12
(') Wording requested by the EIB in order to take account        This Regulation shall apply for the same period as
    of its position regarding paragraph 2:                       Protocol N o 1 to the Agreements.
    'In the latter event, the bank's proposal shall be sub-
    mitted to the Council together with the reasoned
    opinions of the Article 9 Committee and the Com-             This Regulation shall be binding in its entirety and
    mission.'                                                    directly applicable in all Member States.
                Proposal for a Council Regulation (EEC, ECSC, Euratom) introducing the European
                Unit of Account (EUA) into the Staff Regulations of Officials and the Conditions of
                Employment of Other Servants of the European Communities, and into other Council
                Regulations applying to officials and former officials and to other servants of the
                                                       Communities
                              (Submitted  by the Commission  to the Council on 1 April 1977)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         Having regard to the opinion of the European
                                                                 Parliament,
Having regard to the Treaty establishing a Single
Council and a Single Commission of the European                  Having regard to the opinion of the Court of Justice,
Communities, and in particular Article 24 thereof,              Whereas Articles 2 and 3 of Council Regulation
                                                                 (EEC, Euratom, ECSC) N o 259/68 of 29 February
Having regard to the proposal from the Commission,               1968 (*), as last amended by Regulation (Euratom,
made after consulting the Staff Regulations
Committee,                                                       (') OJ No L 56, 4. 3. 1968, p. 1.