Pre-accession Community assistance programmes: Stabilisation and Association Process countries' participation in tenders

PURPOSE : to allow Stabilisation and Association Process countries to participate in tenders organised under the pre-accession (Phare, ISPA, SAPARD) Community assistance programmes, and therefore to amend Council Regulations 3906/89/EEC, 555/2000/EC, 2500/2001/EC 1268/1999/EC and 1267/1999/EC. PROPOSED ACT : Council Regulation. CONTENT : On 20 June 2003 the European Council in Thessaloniki endorsed 'The Thessaloniki agenda for the Western Balkans: Moving towards European Integration', and invited the Commission to consider taking appropriate measures to allow the Stabilisation and Association Process Countries to participate in tenders organised under the pre-accession (Phare, ISPA, SAPARD), TACIS and MEDA Community assistance programmes. One of the expected benefits will be the preparation of the countries of the Western Balkans for future accession by familiarising them with the EU's policies and working methods. A further expected benefit will be the encouragement of economic operators to establish links with equivalent natural and legal persons both from countries currently going through the accession process and from the EU's immediate neighbours. It is also necessary to provide incentives to foster reforms in the SAP countries and, lastly, to reinforce regional cooperation. It is proposed that all natural and legal persons from States which are recipients under Regulation 2666/2000/EC should also be eligible to participate in invitations to tender and contracts under Regulations applicable to the States already going through the accession process (PHARE, Pre-Accession for Cyprus and Malta, ISPA and SAPARD). Participation of Stabilisation and Association Process Countries in tenders and contracts organised under Regulations applicable to neighbouring countries of the European Union (TACIS and MEDA) will be achieved by means of a separate draft Regulation. In addition to giving new impetus to the Stabilisation and Association process, this measure will ensure reciprocity with respect to natural and legal persons from candidate countries for accession, which, under Article 7 of Council Regulation 2666/2000/EC, can participate in invitations to tender and contracts. Given the need to modify the above-mentioned regulations, the opportunity is also taken to make some changes in the various instruments concerned with a view to further harmonizing the procurement rules.�