1996R1257 — EN — 20.11.2003 — 001.001 — 1
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►B COUNCILREGULATION(EC)No1257/96
of20June1996
concerninghumanitarianaid
(OJ L 163, 2.7.1996, p. 1)
Amended by:
Official Journal
No page date
►M1Regulation (EC) No 1882/2003 of the European Parliament and of the
Council of 29 September 2003L 284 1 31.10.2003
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
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COUNCILREGULATION(EC)No1257/96
of20June1996
concerninghumanitarianaid
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
inparticular Article 130w thereof,
Having regard to the proposal from the Commission (1),
Acting in accordance with the procedure laid down in Article 189c of
the Treaty (2),
Whereas people in distress, victims of natural disasters, wars and
outbreaks of fighting, or other comparable exceptional circumstanceshave a right to international humanitarian assistance where their ownauthorities prove unable to provide effective relief;
Whereas civilian operations to protect the victims of fighting or of
comparable exceptional circumstances are governed by international
humanitarian law and should accordingly be considered part of huma-
nitarian action;
Whereas humanitarian assistance encompasses not only relief opera-
tions to save and preserve life in emergencies or their immediateaftermath, but also action aimed at facilitating or obtaining freedom ofaccess to victims and the free flow of such assistance;
Whereas humanitarian assistance may be a prerequisite for develop-
ment or reconstruction work and must therefore cover the full
duration of a crisis and its aftermath; whereas, in this context, it may
include an element of short-term rehabilitation aimed at facilitating thearrival of relief, preventing any worsening in the impact of the crisisand starting to help those affected regain a minimum level of self-suffi-ciency;
Whereas there is a particular need for preventive action to ensure
preparedness for disaster risks and, in consequence, for the establish-ment of an appropriate early-warning and intervention system;
Whereas the effectiveness and consistency of the Community, national
and international prevention and intervention systems set up to meet
the needs generated by natural or man-made disasters or comparableexceptional circumstances should therefore be ensured and strength-ened;
Whereas humanitarian aid, the sole aim of which is to prevent or
relieve human suffering, is accorded to victims without discriminationon the grounds of race, ethnic group, religion, sex, age, nationality or
political affiliation and must not be guided by, or subject to, political
considerations;
Whereas humanitarian aid decisions must be taken impartially and
solely according to the victims' needs and interests;
Whereas close coordination between the Member States and the
Commission both at decision-making level and on the ground consti-tutes the foundation for effective humanitarian action by theCommunity;
Whereas the Community, as part of its contribution to the effectiveness
of international humanitarian aid, must endeavour to cooperate andcoordinate its action with that of third countries;1996R1257 — EN — 20.11.2003 — 001.001 — 2
(1) OJ No C 180, 14. 7. 1995, p. 6.
(2) Opinion of the European Parliament of 30 November 1995 (OJ No C 339,
18. 12. 1995, p. 60), Council common position of 29 January 1996 (OJ No
C 87, 25. 3. 1996, p. 46) and Decision of the European Parliament of 21
May 1996 (OJ No C 166, 10. 6. 1996).
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Whereas, inpursuit of that same objective, criteria should be estab-
lished for cooperation with non-governmental organizations and theinternational agencies and organizations specializing in the field of
humanitarian aid;
Whereas the independence and impartiality of non-governmental orga-
nizations and other humanitarian institutions in the implementation ofhumanitarian aid must be preserved, respected and encouraged;
Whereas cooperation in the humanitarian sphere should be encouraged
between non-governmental organizations in the Member States andother developed countries and their equivalents in the third countriesconcerned;
Whereas the very nature of humanitarian aid calls for the establishment
of efficient, flexible, transparent and, where necessary, rapid decision-making procedures for the financing of humanitarian operations andprojects;
Whereas procedures should be established for the implementation and
administration of humanitarian aid financed by the European Commu-
nity from the general budget, with emergency aid under the FourthACP-EC Convention signed at Lomé on 15 December 1989, amendedby the Agreement amending the said Convention, signed at Mauritiuson 4 November 1995 remaining subject to the procedures and arrange-
ments laid down in that Convention,
HAS ADOPTED THIS REGULATION:
CHAPTER I
Objectives andgeneral principlesofhumanitarianaid
Article 1
The Community's humanitarian aid shall comprise assistance, relief and
protection operations on a non-discriminatory basis to help people in
third countries, particularly the most vulnerable among them, and as a
priority those in developing countries, victims of natural disasters,man-made crises, such as wars and outbreaks of fighting, or excep-tional situations or circumstances comparable to natural or man-madedisasters. It shall do so for the time needed to meet the humanitarianrequirements resulting from these different situations.
Such aid shall also comprise operations to prepare for risks or prevent
disasters or comparable exceptional circumstances.
Article 2
The principal objectives of the humanitarian aid operations referred to
inArticle 1 shall be:
(a) to save and preserve life during emergencies and their immediate
aftermath and natural disasters that have entailed major loss oflife, physical, psychological or social suffering or material damage;
(b) to provide the necessary assistance and relief to people affected by
longer-lasting crises arising, in particular, from outbreaks offighting or wars, producing the same effects as those described in
subparagraph (a), especially where their own governments prove
unable to help or there is a vacuum of power;
(c) to help finance the transport of aid and efforts to ensure that it is
accessible to those for whom it is intended, by all logistical means
available, and by protecting humanitarian goods and personnel, butexcluding operations with defence implications;
(d) to carry out short-term rehabilitation and reconstruction work, espe-
cially on infrastructure and equipment, in close association withlocal structures, with a view to facilitating the arrival of relief,preventing the impact of the crisis from worsening and starting tohelp those affected regain a minimum level of self-sufficiency,1996R1257 — EN — 20.11.2003 — 001.001 — 3
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taking long-term development objectives into account where
possible;
(e) to cope with the consequences of population movements (refugees,
displaced people and returnees) caused by natural and man-made
disasters and carry out schemes to assist repatriation to the countryof origin and resettlement there when the conditions laid down incurrent international agreements are in place;
(f) to ensure preparedness for risks of natural disasters or comparable
exceptional circumstances and use a suitable rapid early-warningand intervention system;
(g) to support civil operations to protect the victims of fighting or
comparable emergencies, in accordance with current international
agreements.
Article 3
Community aid referred to in Articles 1, 2 and 4 may be used to
finance the purchase and delivery of any product or equipment neededfor the implementation of humanitarian operations, including theconstruction of housing or shelter for the victims, the costs associated
with the outside staff, expatriate or local, employed for those opera-
tions, the storage, international or national transport, logistics anddistribution of relief and any other action aimed at facilitating orobtaining freedom of access for aid recipients.
It may also be used to finance any other expenditure directly related to
the implementation of humanitarian operations.
Article 4
Such Community aid referred to in Articles 1 and 2 may also be used
to finance:
— preparatory and feasibility studies for humanitarian operations and
the assessment of humanitarian projects and plans,
— operations to monitor humanitarian projects and plans,
— small-scale training schemes and general studies in the field of
humanitarian operations, to be phased out gradually where fundingis over several years,
— the cost of highlighting the Community nature of the aid,
— public awareness and information campaigns aimed at increasing
understanding of humanitarian issues, especially in Europe and in
third countries where the Community is funding major humanitarian
operations,
— measures to strengthen the Community's coordination with the
Member States, other donor countries, international humanitarian
organizations and institutions, non-governmental organizations and
organizations representing them,
— the technical assistance necessary for the implementation of huma-
nitarian projets, including the exchange of technical know-how andexperience by European humanitarian organizations and agencies or
between such bodies and those of third countries,
— humanitarian mine-clearance operations, including campaigns to
increase awareness of anti-personnel mines on the part of the localpopulation.
Article 5
Community financing under this Regulation shall take the form of
grants.
The operations covered by this Regulation shall be exempt from taxes,
charges, duties and customs duties.1996R1257 — EN — 20.11.2003 — 001.001 — 4
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CHAPTER II
Procedures fortheimplementationofhumanitarianaid
Article 6
Humanitarian aid operations financed by the Community may be
implemented either at the request of international or non-governmentalagencies and organizations from a Member State or a recipient thirdcountry or on the initiative of the Commission.
Article 7
1. Non-governmental organizations eligible for Community finan-
cing for the implementation of operations under this Regulation mustmeet the following criteria:
(a) be non-profit-making autonomous organizations in a Member State
of the Community under the laws in force in that Member State;
(b) have their mainheadquarters ina Member State of the Commun ity
or inthe third coun tries inreceipt of Commun ity aid. This head-
quarters must be the effective decision-making centre for alloperations financed under this Regulation. Exceptionally, the head-quarters may be in a third donor country.
2. When determining a non-governmental organization's suitability
for Community funding, account shall be taken of the followingfactors:
(a) its administrative and financial management capacities;
(b) its technical and logistical capacity in relation to the planned opera-
tion;
(c) its experience in the field of humanitarian aid;
(d) the results of previous operations carried out by the organization
concerned, and in particular those financed by the Community;
(e) its readiness to take part, if need be, in the coordination system set
up for a humanitarian operation;
(f) its ability and readiness to work with humanitarian agencies and
the basic communities in the third countries concerned;
(g) its impartiality in the implementation of humanitarian aid;
(h) where appropriate, its previous experience in the third country
involved in the humanitarian operation concerned.
Article 8
The Community may also finance humanitarian operations by interna-
tional agencies and organizations.
Article 9
Where necessary, the Community may also finance humanitarian
operations by the Commission or the Member States' specialized agen-cies.
Article 10
1. In order to guarantee and enhance the effectiveness and consis-
tency of Community and national humanitarian aid systems, theCommission may take any measure necessary to promote close coordi-
nation between its own activities and those of the Member States, both
at decision-making level and on the ground. To that end, the MemberStates and the Commission shall operate a system for exchange ofinformation.
2. The Commission shall ensure that humanitarian operations
financed by the Community are coordinated and consistent with thoseof international organizations and agencies, in particular those whichform part of the United Nations system.1996R1257 — EN — 20.11.2003 — 001.001 — 5
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3. The Commission shall endeavour to develop collaboration and
cooperation between the Community and third-country donors in thefield of humanitarian aid.
Article 11
1. The Commission shall lay down the conditions for allocating,
mobilizing and implementing aid under this Regulation.
2. Aid shall not be implemented unless the recipient complies with
these conditions.
Article 12
All financing contracts concluded under this Regulation shall provide
inparticular that the Commissionan d the Court of Auditors mayconduct checks on the spot and at the headquarters of humanitarianpartners according to the usual procedures established by the Commis-
sion under the rules in force, and in particular those of the Financial
Regulationapplicable to the gen eral budget of the EuropeanCommu-nities.
CHAPTER III
Procedures fortheimplementationofhumanitarianoperations
Article 13
The Commission shall decide on emergency action for an amount not
inexcess of ECU 10 million .
The following operations shall be deemed to necessitate emergency
action:
— operations to meet immediate and unforeseeable humanitarian
requirements generated by sudden natural or man-made disasters,such as floods, earthquakes and outbreaks of fighting or comparable
situations,
— operations limited to the duration of the unforeseeable emergency
response: the corresponding funds shall cover the response to the
humanitarian needs referred to in the first indent for a period of
not more than six months laid down in the decision on financing.
Where operations fulfil these conditions and are in excess of ECU 2
million:
— the Commissionshall adopt its decision ,
— it shall inform the Member States in writing within forty-eight
hours,
— it shall account for its decision at the Committee's next meeting, in
particular giving the reasons for its use of the emergency procedure.
Decisions to continue operations adopted by the emergency procedure
shall be taken by the Commission, acting in accordance with the proce-dure laid down in Article 17 (3) and within the limits set in the secondindent of Article 15 (2).
Article 14
The Commission shall appraise, decide upon and administer, monitor
and assess operations under this Regulation accordint ot the budgetaryand other procedures in force, and in particular those laid down in theFinancial Regulation applicable to the general budget of the EuropeanCommunities.
Article 15
1. Acting in accordance with the procedure laid down in Article 17
(2), the Commissionshall:
— decide on Community financing for the humanitarian-aid protection
operations referred to in Article 2 (c),
— adopt implementing Regulations for this Regulation,1996R1257 — EN — 20.11.2003 — 001.001 — 6
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— decide to take direct Commission action or finance action by
Member States' specialized agencies.
2. Acting in accordance with the procedure laid down in Article 17
(3), the Commissionshall:
— approve global plans intended to provide a coherent framework for
action in a given country or region where the scale and complexityof the humanitarian crisis is such that it seems likely to continue,
and the budgets for those plans. In this context, the Commission
and the Member States shall examine the priorities to be establishedin the implementation of these global plans,
— decide onprojets inexcess of ECU 2 million , without prejudice to
Article 13.
Article 16
1. Once a year the Committee referred to in Article 17 shall discuss
general guidelines presented by a representative of the Commission forhumanitarian operations to be undertaken in the year ahead and
examine the whole question of the coordination of Community and
national humanitarian aid and any general or specific issues concerningCommunity aid in that field.
2. The Commissionshall also submit to the Committee referred to
in Article 17 information on changes in the instruments for adminis-tering humanitarian aid, including the framework partnership
agreement.
3. The Committee referred to inArticle 17 shall also be n otified of
the Commission's intentions regarding the assessment of humanitarianoperations, and, possibly, its timetable of work.
Article 17
1. The Commissionshall be assisted by a committee.
The Committee shall adopt its rules of procedure.
2. Where reference is made to this paragraph, Articles 5 and 7 of
Decision 1999/468/EC shall apply, having regard to the provisions ofArticle 8 thereof.
The period laid downinArticle 5(6) of Decision1999/468/EC shall be
set at one month.
3. Where reference is made to this paragraph, Articles 4 and 7 of
Decision1999/468/EC (
1) shall apply, having regard to the provisions
of Article 8 thereof.
The period laid downinArticle 4(3) of Decision1999/468/EC shall be
set at one month.
Article 18
1. The Commissionshall regularly assess human itarianaid opera-
tions financed by the Community in order to establish whether they
have achieved their objectives and to produce guidelines for improving
the effectiveness of subsequent operations. The Commission shallsubmit to the Committee a summary, which shall also indicate thestatus of the experts employed, of the assessment exercises carried outthat it might, if necessary, examine. The assessment reports shall beavailable to the Member States onrequest.1996R1257 — EN — 20.11.2003 — 001.001 — 7
(1) Council Decision 1999/468/EC of 28 June 1999 laying down the procedures
for the exercise of implementing powers conferred on the Commission (OJ
L 184, 17.7.1999, p. 23).▼M1
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2. At the Member States' request, and with their participation, the
Commission may also assess the results of the Community's humani-tarian operations and plans.
Article 19
At the close of each financial year, the Commission shall submit an
annual report to the European Parliament and to the Council with a
summary of the operations financed in the course of that year.
The summary shall contain information concerning the agencies with
which humanitarian operations have been implemented.
The report shall also include a review of any outside assessment exer-
cises which may have been conducted on specific operations.
The Commission shall notify the Member States, within no more than
one month of its decision and without prejudice to Article 13 of thisRegulation, of the operations approved, indicating the amount granted,
the nature of the operation, the people who have received aid and the
partners involved.
Article 20
Three years after entry into force of this Regulation, the Commission
shall submit an overall assessment of the operations financed by theCommunity under this Regulation to the European Parliament and tothe Council, together with suggestions for the future of the Regulationand, as necessary, proposals for amendments to it.
Article 21
This Regulation shall enter into force on the third day following its
publicationinthe Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable
inall Member States.1996R1257 — EN — 20.11.2003 — 001.001 — 8