Proposal for a Council Regulation on environmental measures in developing countries in the context of sustainable development

(96/C 20/04)

COM(95) 294 final - 95/0161(SYN)

(Submitted by the Commission on 28 June 1995)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 130s and 130w thereof,

Having regard to the proposal from the Commission,

In cooperation with the European Parliament,

Having regard to the opinion of the Economic and Social Committee,

Convinced of the need to implement sustainable development by contributing to the genuine integration of an environmental dimension into the development process,

Whereas the creation of suitable instruments and the implementation of pilot schemes will be the cornerstones of that integration in all the fields concerned;

Taking account of the resolution adopted by the European Parliament on 14 May 1992 on the environment and development cooperation;

Whereas the Community and its Member States were signatories to the Rio declaration and the Agenda 21 action programme;

Whereas the Community and its Member States ratified the Convention on Biological Diversity and Climate Change, and have signed the Convention on Desertification and are thus committed to take into account the common but differing responsibilities from developed parties and developing parties on the subject;

Referring to the resolution of the Council and the representatives of the Member States of 1 February 1993 on a Community policy and action programme on the environment and sustainable development;

Whereas it is important to integrate the internal and external aspects of the European Community's environment policy in order to have a coherent answer to the problems set out at Unced, in particular the effects of global environmental changes on the state of the environment within the Community;

Whereas, in particular where climate change and the conservation of biological and genetic diversity and resources (including the seas, coasts and soils) are concerned, local effects have undeniable consequences for the whole earth and for future generations and consequently for the well-being, health and security of the citizens of the Community, notably as far as access to genetic resources is concerned;

Whereas the Community and its Member States signed the convention on combating desertification;

Whereas the financial instruments available to the Community for conservation and sustainable development could be usefully supplemented;

Whereas measures need to be taken to finance the activities covered by this Regulation;

Whereas detailed rules for implementation, and in particular the form of action, the recipients of the aid and the decision-making procedure should be laid down,

HAS ADOPTED THIS REGULATION:

Article 1

The Community shall provide financial assistance and technical expertise for activities aimed at facilitating the integration of an environmental dimension into the sustainable development process in the developing countries.

Article 2

1. The activities to be carried out under this Regulation shall centre on:

- preserving biological diversity through the conservation of the ecosystems and habitats necessary to maintain the diversity of species and the survival of endangered species and by identifying and assessing biodiversity resources,

- improving the environment, especially the urban environment, through management plans for waste, waste water and air pollution in the context of regional planning,

- preserving coastal areas by reducing sources of pollution and supporting initiatives for the sustainable management of marine ecosystems,

- applying and transferring technologies adapted to environmental constraints, particularly in the field of energy,

- improving practices for soil conservation and management in livestock farming, forest protection and the fight against desertification,

- adapting production processes in developing countries and making economic operators aware of the environmental constraints that may have an impact on trade with developing countries (e.g. standards, labels, certification).

2. Projects eligible for financing include:

- pilot schemes in the field likely to contribute to sustainable development, environmental protection and long-term management of natural resources,

- establishment of guidelines and instruments aimed at promoting sustainable development and environmental integration, particularly in the form of plans and programmes,

- analysis (impact assessment) of the environmental effects of projects, programmes, strategies and policies in developing countries.

3. Particular attention will be given to:

- schemes to build up the institutions of developing countries at national, regional and local level;

- the involvement of local people in identifying, planning and implementing projects.

Article 3

Aid recipients and cooperation partners shall include not only states and regions but also decentralized departments, regional bodies, public agencies, traditional and local communities, private operators and industries, including cooperatives and non-governmental organizations and associations representing local people.

Article 4

1. Community assistance in the implementation of the operations referred to in Article 2 shall include studies, technical assistance, training or other services, supplies and works, and evaluation and monitoring missions and audits.

2. According to the needs of the operations concerned, Community financing may cover both capital investment, other than the purchase of real estate, and operating costs in foreign or local currency. However, with the exception of training programmes, operating costs may normally be covered only during the start-up phase and on a degressive basis.

3. A systematic effort shall be made to obtain a contribution, and in particular a financial contribution, from the ultimate beneficiaries (countries, local communities, firms or others), according to their means and the nature of the operation concerned.

4. Opportunities shall be sought for cofinancing, in particular with the Member States or with multilateral, regional or other organizations. The requisite measures shall be taken to highlight the Community character of aid granted under this Regulation.

5. The Commission shall take all coordination measures necessary to maximize overall efficiency by enhancing the consistency and complementarity of operations financed by the Community and the Member States, and in particular:

(a) the setting-up of a standard system for exchanges of information on the operations financed or considered for financing by the Community and the Member States;

(b) on-the-spot coordination of operations through regular meetings and exchanges of information between the representatives of the Commission and the Member States in the recipient country.

Article 5

Financial support under this Regulation shall take the form of grants.

Article 6

1. The Commission shall be responsible for appraising, approving and managing operations covered by this Regulation in accordance with the budgetary and other procedures in force, and in particular those laid down in the Financial Regulation applicable to the general budget of the European Communities.

2. Decisions relating to grants of more than ECU 2 million for individual operations financed under this Regulation and any changes resulting in an increase of more than 20 % in the sum initially approved for such an operation shall be adopted under the procedure laid down in Article 7.

3. All financing agreements or contracts concluded under this Regulation shall provide for the Commission and the Court of Auditors to conduct on-the-spot checks according to the usual procedures laid down by the Commission under the rules in force, and in particular those of the Financial Regulation applicable to the general budget of the European Communities.

4. Where operations are the subject of financing agreements between the Community and the recipient country, such agreements shall stipulate that the payment of taxes, duties or any other charges is not to be covered by the Community.

5. Participation in invitations to tender and the award of contracts shall be open on equal terms to natural and legal persons of the Member States and of the recipient country. It may be extended to other developing countries.

6. Supplies shall originate in the Member States, the recipient country or other developing countries. In exceptional cases, where circumstances warrant, supplies may originate elsewhere.

Article 7

1. The Commission shall be assisted by an advisory committee made up of representatives from the Member States and chaired by a representative of the Commission, namely, depending on the recipient country or region:

- in the case of the ACP countries, the EDF Committee set up by Article 21 of Internal Agreement 91/401/EEC on the financing and administration of Community aid under the fourth Lomé Convention, adopted on 16 July 1990 by the representatives of the Member States meeting with the Council,

- in the case of the Mediterranean countries, the MED Committee set up by Article 6 of Council Regulation (EEC) No 1762/92,

- in the case of the Asian and Latin American countries, the ALA Committee set up by Article 15 of Council Regulation (EEC) No 443/92.

2. The Commission representative shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.

The opinion shall be recorded in the minutes; in addition each Member State shall have the right to ask to have its position recorded in the minutes.

The Commission shall take the utmost account of opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account.

3. The committee shall meet once a year, during a joint meeting of the three committees mentioned in the first paragraph, to discuss general guidelines presented by the Commission representative for operations in the year ahead.

Article 8

At the end of each budget year, the Commission shall present a report to Parliament and the Council summarizing the operations financed in the course of that year and evaluating the implementation of this Regulation over that period.

The summary shall in particular contain information about those with whom contracts have been concluded.

The report shall also summarize any independent evaluations conducted of specific operations.

Article 9

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.