Council Regulation (EC, Euratom) No 99/2000 of 29 December 1999 concerning the provision of assistance to the partner States in Eastern Europe and Central Asia
Modified by
Council Regulation (EC) No 2112/2005of 21 November 2005on access to Community external assistance, 305R2112, December 27, 2005
Council Regulation (EC, Euratom) No 99/2000of 29 December 1999concerning the provision of assistance to the partner States in Eastern Europe and Central AsiaTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 203 thereof,Having regard to the proposal from the CommissionOJ C 37, 11.2.1999, p. 8.,Having regard to the opinion of the European Parliament,Whereas(1)Pursuant to the European Council in Dublin and in Rome in 1990, the Community introduced a technical assistance programme in favour of economic reform and recovery in the former Union of Soviet Socialist Republics;(2)Council Regulation (Euratom, EC) No 1279/96 of 25 June 1996 concerning the provision of assistance to economic reform and recovery in the New Independent States and MongoliaOJ L 165, 4.7.1996, p. 1. laid down the conditions for the provision of such assistance and envisaged such an operation from 1 January 1996 to 31 December 1999;(3)Such assistance has already generated significant impact on reform in the partner States in Eastern Europe and Central Asia listed in Annex I ("the partner States");(4)A financial reference amount within the meaning of point 34 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 procedureOJ C 172, 18.6.1999, p. 1. is included in this Regulation for its entire duration, without thereby affecting the powers of the budgetary authority as they are defined by the Treaty;(5)Such assistance will be fully effective only in the context of progress towards free and open democratic societies that respect human rights, minority rights and the rights of the indigenous people, and towards market-oriented economic systems;(6)Further assistance is required to promote nuclear safety in the partner States;(7)The continued provision of assistance will contribute to the attainment of shared objectives, notably in the context of the Partnership and Cooperation Agreements and Economic Cooperation Agreements concluded with the partner States;(8)Where applicable provisions of assistance under this Regulation will take due account of the Common Strategies adopted by the European Council;(9)It is appropriate to establish priorities for this assistance which are determined, inter alia, by the common interests of the Community and the partner States;(10)The assistance should take into account the differing needs and priorities of the principal regions covered by this Regulation;(11)Experience has shown that Community assistance will be all the more effective when it is concentrated on a restricted number of areas within each partner State;(12)The development of inter-State economic links and trade flows conducive to economic reform and restructuring should be encouraged;(13)Regional and subregional cooperation, particularly in relation to the Northern Dimension and in the Black Sea region, should be encouraged;(14)Cross-border cooperation, particularly in the context of borders between the partner States and the European Union, between the partner States and Central and Eastern Europe, and between the partner States themselves, should be encouraged;(15)The requirements of economic reform and restructuring now in progress, and the effective management of this programme, require a multi-annual approach;(16)The long-term sustainability of reform will require due emphasis on the social aspects of reform and the development of the civil society;(17)The integration of environmental aspects into the assistance is central to the long term sustainability of the economic reforms and development;(18)The development of human resources, including education and training, has a significance for reform and restructuring;(19)The quality of the assistance should be improved by selecting a proportion of projects on a competitive basis;(20)In order properly to meet the most acute needs of the partner States at the present stage of their economic transformation, it is necessary to permit a certain amount of the financial allocation to be used for economically sound investment-financing, notably in the areas of cross-border cooperation, promotion of small and medium-sized enterprises (SMEs), environmental infrastructure and networks of strategic importance to the Community;(21)Community assistance could, where appropriate, be more effective, efficient and visible when it is implemented on a decentralised basis;(22)Effective competition amongst firms, organisations and institutions interested in participating in the initiatives financed by the programme should be ensured;(23)Community assistance will be all the more effective when the commitment of the partner States is ensured;(24)It is appropriate that the Commission be assisted in the implementation of Community aid by a committee made up of Member States' representatives;(25)The measures necessary for the implementation of this Regulation 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 CommissionOJ L 184, 17.7.1999, p. 23.;(26)Procedures for tenders and the award of contracts should be in accordance with the Financial Regulation applicable to the General Budget of the European Union (the "Financial Regulation");(27)The provisions concerning tendering and the award of contracts as well as the principles governing the award of contracts should be applied until such time as legislation amending Title IX of the Financial Regulation enters into force, in order to provide the basis for implementing provisions that will apply to all Community external assistance programmes;(28)Along with natural and legal persons from the Member States and the partner States, participation in tenders should also be open to natural and legal persons from countries benefiting from the PHARE programme, and, where specific types of expertise are required, from Mediterranean countries;(29)Progress reports on the implementation of the assistance programme should be established annually;(30)The Treaties have not provided, for the adoption of this Regulation, powers other than those of Article 308 of the EC Treaty and Article 203 of the EAEC Treaty,HAS ADOPTED THIS REGULATION: