Introductory text

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 1638/2006 of the European Parliament and of the Council of 24 October 2006 laying down general provisions establishing a European Neighbourhood and Partnership Instrument^f1, and in particular Article 11(1) thereof,

Whereas:

One of the strands of Regulation (EC) No 1638/2006 involves cooperation between the Member States of the European Union and partner countries in regions adjacent to their shared part of the external border of the European Union for the development of an area of prosperity and good neighbourliness (hereinafter ENPI cross-border cooperation).

Article 11 of Regulation (EC) No 1638/2006 requires that the Commission adopt implementing rules laying down specific provisions for the implementation of Title III ‘Cross-border Cooperation’ and that the matters covered by the implementing rules include issues such as the rate of co-financing, preparation of joint operational programmes, the designation and functions of the joint authorities, the role and function of the joint monitoring and selection committees and of the joint secretariat, eligibility of expenditure, joint project selection, the preparatory phase, technical and financial management of Community assistance, financial control and audit, monitoring and evaluation, visibility and information activities for potential beneficiaries.

Article 21 of Regulation (EC) No 1638/2006 stipulates that the implementing rules should also lay down procurement rules for ENPI cross-border cooperation.

The strategy paper provided for in Article 7(3) of X1Regulation (EC) No 1638/2006 establishes the strategic framework for Commission support for ENPI cross-border cooperation and contains the indicative programme for this cooperation.

Community assistance for ENPI cross-border cooperation is implemented through joint operational programmes defined in the strategy paper.

It is necessary to draw up implementing rules which lay down joint specific provisions for cross-border cooperation within the meaning of Regulation (EC) No 1638/2006 while allowing participating countries a certain amount of flexibility as to the detailed arrangements regarding organisation and implementation of specific programmes taking account of the particular features of each programme. On the basis of this principle and in accordance with this Regulation, the participating countries must propose, by common agreement, detailed arrangements for ENPI cross-border cooperation in the joint operational programme, for adoption by the Commission in accordance with Article 9(6) of Regulation (EC) No 1638/2006.

In view of the fact that all participating countries are to be involved in the decision-making structures for the programme while the task of implementation is to be entrusted to a Joint Managing Authority based in one of the participating countries there is a need for joint rules on the distribution of functions between the various programme-management structures.

Since programmes are to be implemented through shared management, programme management and control systems must comply with Community rules. Adoption of the programme by the Commission must be taken as an ex ante accreditation of those systems. The Commission must monitor implementation of each programme by possible involvement in the Joint Monitoring Committee and by means of the reports presented to it by the Joint Managing Authority.

In order to ensure full and complete participation in the programme by potential beneficiaries in partner countries and to apply the same management arrangements for those established in a Member State of the European Union as for those established in a partner country, and given that appropriations for ENPI cross-border cooperation are managed as part of the European Union's foreign policy, the contractual procedures applicable to external actions financed by the European Commission must be used for all projects financed as part of the cross-border cooperation established by Regulation (EC) No 1638/2006.

In order to ensure effective implementation of the programme, evaluation and monitoring arrangements need to be laid down.

These measures are in line with the opinion of the Committee established by Council Regulation (EC) No 1638/2006,

HAS ADOPTED THIS REGULATION: