This Regulation lays down the procedures for the programming, implementation, monitoring, review and evaluation of the Community financial assistance to Greenland managed by the Commission from 1 January 2007 to 31 December 2013, in accordance with the provisions of Decision 2006/526/EC and the Financial Regulation applicable to the general budget of the European Communities.
Commission Regulation (EC) No 439/2007 of 20 April 2007 implementing Council Decision 2006/526/EC on relations between the European Community on the one hand, and Greenland and the Kingdom of Denmark on the other
Commission Regulation (EC) No 439/2007 of 20 April 2007 implementing Council Decision 2006/526/EC on relations between the European Community on the one hand, and Greenland and the Kingdom of Denmark on the other
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 2006/526/EC(1), and in particular Article 9 thereof,
Having regard to the Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities(2),
Whereas:
Decision 2006/526/EC (hereinafter the Decision) requires the Commission to adopt implementing provisions concerning Part Two of the Decision in close consultation with the Home Rule Government of Greenland and the Government of Denmark within the framework of the partnership procedure.
The provisions adopted by the Commission pursuant to Article 9 of the Decision should be consistent with the principles of sound financial management, partnership, complementarity and subsidiarity, and should ensure ownership by the Home Rule Government of Greenland of the development process as well as adequate monitoring and auditing by the Home Rule Government of Greenland itself and the Commission.
Pursuant to Article 11(2) of the Decision and taking into account the specific needs and capabilities of the Home Rule Government of Greenland and the way in which it manages public expenditure, financial assistance should be granted as budgetary support.
Provisions should be established for the preparation and adoption by the Home Rule Government of Greenland and the Commission of the indicative Programming Document for the Sustainable Development of Greenland referred to in Article 6 of the Decision and for its implementation, follow-up, evaluation and review, as well as for reporting. Such provisions should cover the participation of the Commission in those activities.
The measures provided for in this Regulation have been subject to consultation with the Home Rule Government of Greenland and the Government of Denmark.
The measures provided for in this Regulation are in accordance with the opinion of the Greenland Committee established by Article 10 of the Decision,
HAS ADOPTED THIS REGULATION:
Article 1 Subject matter
Article 2 Complementarity and partnership
1.
The programming, implementation, monitoring, review and evaluation of support shall be carried out in close consultation between the Home Rule Government of Greenland, the Government of Denmark and the Commission.
2.
The Home Rule Government of Greenland shall ensure that the local authorities and civil society are adequately consulted during the programming process.
3.
The Home Rule Government of Greenland, the Government of Denmark and the Commission shall promote coordination and consistency between measures undertaken pursuant to this Regulation, measures undertaken with contributions from the EDF and operations undertaken by the European Investment Bank on the one hand, and contributions from the Government of Denmark on the other.
Article 3 Programming
1.
Operations financed by Community financial assistance within the framework of the Decision shall be programmed as soon as possible after the entry into force of this Regulation by means of the adoption of a Programming Document for the Sustainable Development of Greenland (hereinafter PDSD) structured in accordance with the model in the Annex to this Regulation.
2.
The Home Rule Government of Greenland shall prepare a proposal for the PDSD following consultations with stakeholders in the development process, and shall draw on lessons learned and best practices.
The proposal for the PDSD shall be adapted to the needs and respond to the specific circumstances of Greenland. It shall prioritise activities and build local ownership of cooperation programmes.
The proposal shall be submitted to the Commission not later than three months after the entry into force of this Regulation.
3.
The draft PDSD shall be the subject of an exchange of views between the Home Rule Government of Greenland, the Government of Denmark and the Commission, taking into account the Commission's responsibility regarding the response strategy.
The Home Rule Government of Greenland shall provide all the necessary information, including the results of any feasibility studies, to make the appraisal of the draft PDSD by the Commission as effective as possible.
Any divergences between the own analysis of the Home Rule Government of Greenland and the analysis of the Commission shall be noted.
4.
The Commission shall appraise the proposal for the PDSD, not later than 30 days after it was submitted by the Greenland Home Rule Government, to determine whether it contains all the elements required to adopt the annual financing decision in accordance with Article 6(4) of the Decision and whether the PDSD is consistent with the aims of the Decision, this Regulation and the relevant Community policies.
5.
The Home Rule Government of Greenland shall be responsible for finalising the PDSD. The Home Rule Government of Greenland and the Commission shall be jointly responsible for adopting the PDSD. The Commission shall adopt the PDSD after the opinion of the Greenland Committee has been delivered in accordance with Article 10(2) of the Decision.
Article 4 Implementation
1.
Expenditure on financial assistance for Greenland pursuant to the Decision shall be committed by the Commission in accordance with the Financial Regulation applicable to the general budget of the European Communities and Article 11(3) of the Decision.
2.
Within the scope of the PDSD, commitment of expenditure shall be preceded by an annual Commission financing decision covering sectoral budgetary support, followed by a financing agreement concluded between the Commission and the Home Rule Government of Greenland. The annual financing decision shall be adopted by the Commission after the opinion of the Greenland Committee has been delivered in accordance with Article 10(2) of the Decision.
3.
Within the overall annual amount, an indicative amount of 1 % maximum shall be used to cover the resources required for effective administration by the Commission of the assistance.