Commission Regulation (EC) No 718/2007Show full title

CHAPTER I U.K. Subject matter and principles

Article 1 U.K. Subject matter

This Regulation lays down the implementing rules governing the provision by the Community of pre-accession assistance established by Council Regulation (EC) No 1085/2006 (IPA), the ‘IPA Regulation’.

Article 2 U.K. Definitions

For the purposes of this Regulation, the following definitions shall apply:

1.

‘beneficiary country’: any country listed in either of the annexes I and II to the IPA Regulation;

2.

‘enlargement package’: set of documents presented each year to the Council and the European Parliament by the Commission, the strategic and political part of which consists of the revisions, where appropriate, of the accession partnerships and the European partnerships, the regular reports established by country and the Commission's strategy paper. A multi-annual indicative financial framework completes the package;

3.

‘framework agreement’: agreement concluded between the Commission and the beneficiary country and applying to all IPA components, laying down the principles of the cooperation of the beneficiary country and the Commission under this Regulation;

4.

‘sectoral agreement’: an agreement relating to a specific IPA component drawn up, where appropriate, between the Commission and the beneficiary country, and setting out the relevant provisions to be respected which are not contained in the country specific framework agreement or financing agreements;

5.

‘financing agreement’: annual or multi–annual agreement concluded between the Commission and the beneficiary country, following a Commission financing decision approving the Community contribution to a programme or an operation falling within the scope of this Regulation;

6.

‘irregularity’: any infringement of a provision of applicable rules and contracts resulting from an act or an omission by an economic operator which has, or would have, the effect of prejudicing the general budget of the European Union by charging an unjustified item of expenditure to the general budget;

7.

‘financial year’: from 1 January to 31 December;

8.

‘final beneficiary’: body or firm, whether public or private, responsible for initiating or initiating and implementing operations. In the context of aid schemes, final beneficiaries are public or private firms carrying out an individual project and receiving public aid;

9.

‘Community contribution’: the part of the eligible expenditure which is financed by the Community;

10.

‘euro account’: interest bearing bank account opened by the national fund in a financial or treasury institution, on behalf of the beneficiary country and under its responsibility, to receive payments from the Commission;

11.

‘public expenditure’: any public contribution to the financing of operations whose origin is the European Community or the budget of the public authorities of the beneficiary country and any contribution to the financing of operations whose origin is the budget of public law bodies or associations of one or more regional or local authorities or public law bodies;

12.

‘total expenditure’: the public expenditure and any private contribution to the financing of operations.

Article 3 U.K. Principles of assistance

The Commission shall ensure that the following principles apply in relation to assistance under the IPA Regulation:

• Assistance granted shall respect the principles of coherence, complementarity, coordination, partnership and concentration.

• Assistance shall be coherent with EU policies and shall support alignment to the acquis communautaire.

• Assistance shall comply with the budgetary principles laid down in the Council Regulation (EC, Euratom) No 1605/2002.

• Assistance shall be consistent with the needs identified in the enlargement process and absorption capacities of the beneficiary country. It shall also take account of lessons learned.

• The ownership of the programming and implementation of assistance by the beneficiary country shall be strongly encouraged and adequate visibility of EU intervention shall be ensured.

• Operations shall be properly prepared, with clear and verifiable objectives, which are to be achieved within a given period.

• Any discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation shall be prevented during the various stages of the implementation of assistance.

• The objectives of pre-accession assistance shall be pursued in the framework of sustainable development and the Community promotion of the goal of protecting and improving the environment.

Article 4 U.K. Priorities for assistance

Assistance for a given beneficiary country shall be based on the priorities identified in the following documents, where they exist:

• the European partnership,

• the accession partnership,

• the national programme for the adoption of the acquis,

• the reports and strategy paper contained in the annual enlargement package of the Commission,

• the stabilisation and association agreement,

• the negotiation framework.

Account shall also be taken of the priorities set out in the national strategies where they are compatible with the pre-accession objectives and scope as laid down in the IPA Regulation.