A4-0096/98

Decision on the common position adopted by the Council with a view to adopting a Council Regulation on decentralized cooperation (C4-0008/98 - 95/0159(SYN))(Cooperation procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0008/98 - 95/0159(SYN),

- having regard to its opinion at first reading ((OJ C 17, 22.1.1996, p. 458. )) on the Commission proposal to the Council, COM(95)0290 ((OJ C 250, 26.9.1995, p. 13. )),

- having been consulted by the Council pursuant to Articles 189c and 130w of the EC Treaty,

- having regard to Rule 67 of its Rules of Procedure,

- having regard to the recommendation for second reading of the Committee on Development and Cooperation (A4-0096/98),

1. Amends the common position as follows;

2. Instructs its President to forward this decision to the Council and Commission.

(Amendment 1)

Recital -1 (new)

>Original text>

>Text following EP vote>

Whereas decentralized cooperation is a new approach to development cooperation which places the agents at the focal point of implementation and hence pursues the dual aims of appropriation and operation viability;

(Amendment 2)

Recital 3

>Original text>

Whereas a financial reference amount, within the meaning of point 2 of the Declaration by the European Parliament, the Council and the Commission of 6 March 1995 on the incorporation of financial provisions into legislative acts(2) is included in this Regulation for the period 1998 to 2000, without thereby affecting the powers of the budgetary authority as they are defined by the Treaty;

(2) OJ C 102, 4.4.1996, p. 4.

>Text following EP vote>

Deleted

(Amendment 3)

Recital 3a (new)

>Original text>

>Text following EP vote>

Whereas the budget heading for decentralized cooperation is intended to help bring about a real change in the long term to the Union's development cooperation action;

(Amendment 4)

Article 1, 1st paragraph, introduction

>Original text>

The Community shall support pilot operations and initiatives on sustainable development undertaken by decentralized cooperation agents of the Community and the developing countries, in particular those designed to promote:

>Text following EP vote>

The Community shall support operations and initiatives on sustainable development undertaken by decentralized cooperation agents of the Community and the developing countries, in particular those designed to promote:

(Amendment 5)

Article 4(1), 1st and 2nd subparagraphs

>Original text>

1. Community financing of the operations referred to in Article 1 shall cover a period of 3 years (1998 to 2000).

>Text following EP vote>

Deleted

>Original text>

The financial reference amount for the implementation of this programme for the period 1998 to 2000 shall be ECU 18 million.

>Text following EP vote>

(Amendment 6)

Article 5(4)

>Original text>

4. Opportunities may be sought for cofinancing with other fund providers, and especially with Member States.

>Text following EP vote>

4.

Opportunities may be sought for cofinancing, especially with Member States. Necessary measures will be taken to emphasize the Community character of aid provided under this Regulation.

(Amendment 7)

Article 5(5)(b)

>Original text>

(b) on-the-spot coordination of these actions by means of regular meetings and exchange of information between the representatives of the Commission and Member States in the beneficiary country.

>Text following EP vote>

(b)

on-the-spot coordination of these actions by means of exchange of information between the representatives of the Commission and Member States in the recipient country or countries concerned.

(Amendment 8)

Article 7(2)

>Original text>

2. Decisions relating to grants of more than ECU 1 million for individual operations financed under this Regulation and any amendment involving an increase of more than 20% in the amount initially approved for such an operation shall be adopted under the procedure laid down in Article 8.

>Text following EP vote>

Deleted

(Amendment 9)

Article 7(5)

>Original text>

5. Participation in invitations to tender and the award of contracts shall be open on equal terms to all natural and legal persons of the Member States and of the recipient country. It may be extended to other developing countries and, in exceptional cases which are fully justified, to other third countries.

>Text following EP vote>

5.

Participation in invitations to tender and the award of contracts shall be open on equal terms to natural and legal persons on the Member States the recipient country, and other developing countries. In exceptional caseswhich are fully justified, it may be extended to other third countries. Where the quality of offers is the same, applicants from the recipient country and from developing countries in the same region shall be given preferential treatment in the awarding of contracts.

(Amendment 10)

Article 7(6)

>Original text>

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

>Text following EP vote>

6.

Supplies shall originate in the Member States, the recipient country or other developing countries. In exceptional cases which are fully justified, supplies may originate in other countries. Where the quality of offers is the same, applicants from the recipient country and from developing countries in the same region shall be given preferential treatment in the awarding of contracts.

(Amendment 11)

Article 8

>Original text>

1. The Commission shall be assisted by the geographically determined Committee competent for development.

>Text following EP vote>

The representatives of the Commission and the Member States shall have an exchange of views, once a year, on the basis of a presentation by the representative of the Commission of the general guidelines for operations to be carried out in the year ahead. A representative of the European Parliament shall attend the exchange of views.

>Original text>

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. The opinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States shall be weighted in the manner set out in that Article. The Chairman shall not vote.

>Text following EP vote>

Meetings held under the terms of this Article shall be in public and the full minutes transmitted to the European Parliament and the Council within ten working days of each meeting.

>Original text>

3. (a) The Commission shall adopt the measures envisaged which shall apply immediately.

>Text following EP vote>

>Original text>

(b) However, if they are not in accordance with the opinion of the Committee, they shall be communicated by the Commission to the Council forthwith. In that event:

>Text following EP vote>

>Original text>

- the Commission shall defer application of the measures which it has decided on for a period of one month from the date of such communication;

>Text following EP vote>

>Original text>

- the Council, acting by a qualified majority, may take a different decision within the time limit referred to in the first indent.

>Text following EP vote>

(Amendment 12)

Article 9

>Original text>

Article 9

The Committee referred to in Article 8 shall meet once a year to discuss general guidelines presented by the Commission representative for operations in the year ahead.

>Text following EP vote>

Deleted

(Amendment 13)

Article 10, 2nd paragraph

>Original text>

The summary shall in particular contain information on the decentralized cooperation agents with whom contracts have been concluded.

>Text following EP vote>

The summary shall in particular

give details of the decentralized cooperation agents with whom contracts have been concluded.

(Amendment 14)

Article 10, 3rd paragraph

>Original text>

Every three months, the Commission shall inform the Member States of the operations and projects approved, stating their cost and nature, the recipient country and partners. This information shall be accompanied by an Annex clearly setting out the projects or programmes which exceed ECU 1 million.

>Text following EP vote>

Deleted

(Amendment 15)

Article 11

>Original text>

The Commission shall make regular assessments of operations financed by the Community, in order to establish whether the objectives targeted by these operations have been attained and in order to give indications to improve the effectiveness of future operations. The Commission shall submit to the Committee referred to in Article 8 a summary of assessments carried out, which the latter may examine where appropriate. The assessment reports shall be available to Member States requesting them.

>Text following EP vote>

The Commission shall make regular assessments of operations financed by the Community, in order to establish whether the objectives targeted by these operations have been attained and in order to give indications to improve the effectiveness of future operations.

(Amendment 16)

Article 12

>Original text>

Article 12

Before the end of 1999, the Commission shall submit to the European Parliament and to the Council an overall assessment of the operations financed by the Community under this Regulation, accompanied by suggestions concerning the future of this Regulation.

>Text following EP vote>

Deleted

(Amendment 17)

Article 13, 2nd paragraph

>Original text>

It shall apply until 31 December 2000.

>Text following EP vote>

Deleted