No C 340/4 Official Journal of the European Communities 17.12.83
Article 5
The aid from the Community shall be in the form of
grants.
Article 6
1. The aid may cover both external expenditure
and the local expenditure necessary for implemen-
tation of the operations, including maintenance and
operating expenses.
Taxes, duties and charges shall be excluded from the
Community financing.
2. Any counterpart funds that may result from the
actions listed in Article 3 shall be used in accordance
with the objectives laid down in this Regulation and
in agreement with the Community.
Article 7
Participation in calls for tenders, invitations to tender
and purchasing and other contracts shall be open on
equal terms to all natural or legal persons of Member
States or of the recipient country. Such participation
may be extended to other developing countries
receiving Community aid, particularly in cases of co-
financing or in order to prevent the cost of the
operations from increasing unduly as a result of
distance, transport difficulties or delivery times.
Such participation by other developing countries shall
be of an exceptional nature and shall be authorized
on a case-by-case basis in accordance with the
procedure laid down in Article 8.
Article 8
Decisions granting aid shall be taken by the
Commission following consultation of the Committee
provided for in Article 7 of Regulation (EEC) No
3331/82 and in accordance with the procedure laid
down in Article 8 of that Regulation.
The Committee may examine any other matter
relating to the implementation of the operations in
place of food aid put to it by the chairman on his
own initiative or at the request of a representative of
a Member State.
Article 9
taken to In accordance with decisions pursuant
Article 8, the Commission shall decide on the
conditions governing supply of the aid.
Article 10
The Commission shall report to the Council and to
the European Parliament on the application of this
Regulation.
Article 11
1. The Commission shall take all the necessary
steps to ensure proper implementation of operations
in place of food aid.
2. The Member States shall give the Commission
every assistance and shall provide it with all the
necessary information for the proper implementation
of these operations.
Article 12
This Regulation shall enter into force on the third
day following its publication in the Official Journal of
the European Communities.
This Regulation shall be binding in its entirety and
directly applicable in all Member States.
Proposal for a Council Regulation establishing special measures of Community interest
relating to transport infrastructure
COM(83) 697final
(Submitted by the Commission to the Council on 2 December 1983)
THE COUNCIL OF THE EUROPEAN
COMMUNITIES,
Having regard to the opinion of the European
Parliament,
Having regard to the Treaty establishing the
European Economic Community, and in particular
Article 235 thereof,
Having regard to the proposal from the Commission,
Whereas conditions incompatible with the proper
functioning of the Community could arise when a
Member State's economy, whilst in a special situation,
is forced to bear a disproportionate burden in the
financing of the Community budget;
17. 12. 83 Official Journal of the European Communities No C 340/5
Whereas it is necessary to establish special measures
of Community interest relating to transport infra-
structure and involving financial contributions from
the Community to transport infrastructure projects in
the Federal Republic of Germany and the United
Kingdom;
Whereas the projects must be specified and supported
by the information required in order to retain only
those which are of Community interest in the field to
which they relate and due account has to be taken of
the Commission's proposals for a multiannual
transport programme covering all modes of transport
and the evaluation of the Community interest of
transport infrastructure projects;
Whereas the Commission should be in a position to
check the implementation of the projects provided for
in this Regulation;
Whereas the Treaty has not provided for the powers
of action required for this purpose,
HAS ADOPTED THIS REGULATION:
Article 1
Special measures of Community interest relating to
transport infrastructure are hereby established in 1984
for the Federal Republic of Germany and for the
United Kingdom.
Article 2
1. The special measures of Community interest
shall be implemented by means of financial assistance
to undertake projects which contribute to the re-
alization of the common transport policy and, in
particular, contribute to one or more of the following
objectives:
(a) elimination of notorious bottlenecks within the
Community;
(b) improvement of rail transport on routes that are
important for long-distance transport, particularly
combined transport;
(c) improvement of traffic links between the outlying
zones and the rest of the Community by trunk
routes;
(d) improvement of facilities for the inter-linking of
modes of intra-Community transport, particularly
for those Member States for which contacts with
the rest of the Community are influenced by the
development of sea and air transport;
(e) modernization of the inland waterway system.
The projects should be related as far as possible to
the main trunk routes for each mode of transport.
2. The projects shall be submitted to the
Commission together with all the information
necessary in order to assess:
— their conformity with the objectives referred to in
paragraph 1,
— their conformity with the eligibility criteria laid
down in Article 3,
— their Community interest taking account of
Community transport policy,
— the possibilities of verifying the execution of each
project and of auditing expenditure.
3. The Commission may request any additional
information necessary for the examination of the said
projects.
Article 3
The projects shall be eligible for a financial contri-
bution by the Community provided they are financed
wholly or in part by public authorities. Projects to be
eligible for Community assistance should be shown to
be of Community interest in terms of the following
criteria:
— the significance of international traffic and/or
transit traffic,
— the nature of the existing bottlenecks and the
improvements to be effected,
— the potential for the specific improvement of
services to ports and airports serving routes to
other Community countries,
— compatibility with other Community policies,
— absence of distortions of competition.
Article 4
1. The Commission shall examine the projects
submitted to it by each of the Member States
concerned under this Regulation and shall refer them
for information to the Committee referred to in
Article 7.
2. In accordance with the procedure laid down in
Article 8, the Commission shall decide on:
(a) the projects meriting Community assistance, in
the light of the objectives referred to in Article 2
(1) and the criteria laid down in Article 3;
(b) the amount of the Community's financial contri-
bution, within the limits of the appropriations
available.
3. The Community's overall financial contribution
may not exceed for each project 70 % of the annual
public expenditure provided for its execution.
No C 340/6 Official Journal of the European Communities 17.12. 83
4. No financial contribution shall be made in
respect of expenditure implemented more than 12
months before the entry into force of this Regulation.
5. The Commission's decisions referred to in
paragraph 2 shall be published in the Official Journal
of the European Communities.
Article 5
1. Appropriations relating to projects shall be
entered in the budget of the European Communities.
2. As soon as a decision has been taken pursuant
to Article 4 (2), the Commission shall make a
payment of 90 % of the amount of the Community
contribution provided for.
3. Payment of the 10 % balance shall be effected
immediately after the sum referred to in paragraph 2
has been used up, as certified by the Government of
the Member State concerned, provided that
implementation of the project proceeds as planned
and that on-the-spot checks have been carried out in
accordance with the procedure provided for in
Article 6.
Article 6
1. The Commission shall ensure that each project
is implemented in accordance with this Regulation,
with the provisions adopted for its application and
with the Regulations adopted pursuant to Article 209
of the Treaty.
To this end, each of the Member States concerned
shall supply the Commission with all information
requested by it and shall take all steps with regard to
Community-assisted projects to facilitate such
supervision as the Commission may consider appro-
priate, including on-the-spot checks made at its
request with the approval of the Member State
concerned by the latter's competent authorities, in
which Commission officials may participate.
Each Member State concerned shall make available to
the Commission, for a period of three years from its
transfer of the balance referred to in Article 5 (3), all
supporting documents or certified copies thereof
relating to expenditure.
2. Where a project is not implemented in
conformity with this Regulation or departs sub-
stantially from decisions taken for its application, the
Commission may suspend payments still due. In this
case, it may also decide that sums already paid or still
due are to be allocated, in accordance with the
procedure laid down in Article 8, to other projects
submitted under this Regulation. If, in the opinion of
the Commission, no other project or measure is
available, it shall recover the payments made.
Article 7
1. A management committee (hereinafter called
'the Committee') is hereby established, composed of
representatives of the Member States and chaired by a
representative of the Commission.
2. Within the Committee, the votes of the Member
States shall be weighted in accordance with Article
148 (2) of the Treaty. The chairman shall not vote.
Article 8
1. Where the procedure laid down in this Article is
to be followed, the chairman shall refer the matter to
the Committee either on his own initiative or at the
request of the representative of a Member State.
2. The representative of the Commission shall
submit drafts of decisions to be taken. The
Committee shall deliver its opinion on the drafts
within a time limit which the chairman may fix
according to the urgency of the questions under
consideration. An opinion shall be adopted by a
qualified majority in accordance with Article 148 (2)
of the Treaty.
3. The Commission shall adopt decisions which
shall apply immediately. However, if these decisions
are not in accordance with the opinion of the
Committee, they shall be communicated to the
Council as soon as possible and at the latest within
one month. In that event, the Commission shall defer
application of the decisions it has adopted for not
more than two months from the date of such a
communication. The Council, acting by a qualified
majority, may take a different decision within two
months.
Article 9
Each of the Member States concerned shall, in
agreement with the Commission, take the necessary
steps to ensure that suitable publicity is given to the
assistance granted under the Regulation.
Article 10
The Commission shall report to the Council and to
the European Parliament pn the application of this
Regulation.
Article 11
This Regulation shall enter into force on the day of
its publication in the Official Journal of the European
Communities.
This Regulation shall be binding in its entirety and
directly applicable in all Member States.
Full & Egal Universal Law Academy