31.12.2004 EN Official Journal of the European Union L 390/3
REGULATION (EC) No 2240/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 15 December 2004
amending Council Regulation (EC) No 975/1999 laying down the requirements for the implementation of development cooperation operations which contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 179(1) thereof,
Having regard to the proposal from the Commission,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (1),
Whereas:
(1) Community action to promote human rights and democratic principles as set out in the Communication of 8 May 2001 from the Commission to the Council and the European Parliament on ‘The European Union's Role in Promoting Human Rights and Democratisation in Third Countries’ is to continue beyond 2004. Regulation (EC) No 975/1999 (2) has proved to be an adequate legal instrument for the implementation of the Community's technical and financial support for human rights and democratisation activities in developing and other third countries in pursuit of the overall objectives in this field. The period of validity of that Regulation, however, expires on 31 December 2004. It is, therefore, necessary to extend that period.
(2) On the basis of the ratio of the financial framework included in Regulation (EC) No 975/1999 and the indicative human rights and democratisation appropriations until 2006, this Regulation lays down, for the extended duration of the programme, a financial framework constituting the prime reference, within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (3), for the budgetary authority during the annual budgetary procedure.
(3) The provisions of Regulation (EC) No 975/1999 on procedures for the implementation of aid should be aligned with the legal requirements of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (4) in the implementation of EU Election Observation Missions.
(4) The protection of the Community's financial interests and the fight against fraud and irregularities form an integral part of Regulation (EC) No 975/1999. In particular, agreements and contracts concluded pursuant to that Regulation should authorise the Commission to carry out the measures provided for in Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (5).
(5) The measures necessary for the implementation of Regulation (EC) No 975/1999 should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (6).
(6) Regulation (EC) No 975/1999 should, therefore, be amended accordingly,
Regulation (EC) No 975/1999 is hereby amended as follows:
1) the following point shall be added to Article 2(2):
‘(h) supporting efforts to foster the establishment of groupings of democratic countries within United Nations bodies, specialised agencies and regional organisations.’;
2) the following sentence shall be added at the end of Article 4(1):
3) the first sentence of Article 5 shall be replaced by the following:
4) Article 7(3) shall be replaced by the following:
5) the first subparagraph of Article 10 shall be replaced by the following:
6) Articles 11 and 12 shall be replaced by the following:
(a) multiannual indicative programmes and annual updates of these programmes;
(b) annual work programmes.
7) Article 13(2) shall be replaced by the following:
8) the second sentence of Article 15 shall be deleted;
9) Article 17 shall be replaced by the following:
10) In the second subparagraph of Article 20, the date ‘31 December 2004’ shall be replaced by the date ‘31 December 2006’.
This Regulation shall enter into force on 1 January 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.