A4-0059/97

Decision on the common position adopted by the Council with a view to the adoption of a Council Regulation on north-south cooperation in the campaign against drugs and drug addiction (C4-0630/96 - 95/0167(SYN))

(Cooperation procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0630/96 - 95/0167(SYN) ((OJ C 6, 9.1.1997, p. 1.)),

- having regard to its opinion at first reading ((OJ C141, 13.5.1996, p. 252.)) on the Commission proposal to the Council COM(95)0296 ((OJ C 242, 19.9.1995, p. 8.)),

- having regard to the amended Commission proposal, COM(96)0427 ((OJ C 326, 31.10.1996, p. 3.)),

- 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 (A4-0059/97),

1. Amends the common position as follows;

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

(Amendment 1)

Recital 2a (new)

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Whereas one of the most important prerequisites in the fight against drugs is that poverty in the South should be drastically reduced and that people should have a legal alternative to the cultivation of illegal products;

(Amendment 2)

Recital 12

>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 (1) 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;

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

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Deleted

(Amendment 3)

Article 3, second paragraph a (new)

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The Commission shall seek to use its influence with international donors and financial institutions (IMF, World Bank, etc.) to avoid contradictions between their policies and the objectives of national drug control policies.

(Amendment 4)

Article 3, third paragraph a (new)

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Criteria shall be established for evaluating the progress of each initiative supported by the Community. These criteria, which will be mutually acceptable to the Community and partner governments or organisations, shall be developed in a process of dialogue before Community financial assistance begins;

(Amendment 5)

Article 4, first paragraph, third indent

>Original text>

- promotion of pilot alternative development projects, conceived as a process by which the production of illicit drug crops is eventually both combated and eliminated through appropriate rural development measures in the context of sustained national economic growth. These projects shall comprise social and economic measures which take into account factors contributing to illicit production as well as measures which may facilitate improved use of commercial preferences,

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- promotion of pilot alternative development projects, including projects that seek alternative production which can take advantage of trade preferences, particularly for the benefit of small independent producers of raw materials for illegal drugs.

Pilot alternative development projects will be subject to the same requirements as other Community development projects (in terms of feasibility studies and participation of local people and target groups in identifying planning and carrying out operations) and should be conceived as a process by which the production of illicit drug crops is eventually both combated and eliminated through appropriate rural development measures in the context of sustainable national economic growth. In this context there will be systematic appraisal of how greater use may be made of other Community financial instruments (e.g. the ALA) and the European Development Fund to support alternative development projects,

(Amendment 6)

Article 4, second paragraph

>Original text>

Particular attention shall be paid to the participation of local people and target groups in identifying, planning and carrying out operations.

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Particular emphasis shall be given to:

- measures to combat the production of and trade in heroin, cocaine and dangerous synthetic drugs;

- the participation of local people and target groups in identifying, planning and carrying out operations; special attention shall be paid to the key position of women and the social and environmental implications of the measures;

- support for communities which have decided to give up production of drugs or precursors, in the form of help with the development of alternatives;

- measures to combat money laundering;

(Amendment 7)

Article 4, second paragraph a (new)

>Original text>

>Text following EP vote>

The Community shall only support projects where respect for human rights is guaranteed.

(Amendment 8)

Article 6(1)

>Original text>

The instruments to be employed in the course of the operations referred to in Articles 3 and 4 shall include studies, technical assistance, training or other services, supplies and works, along with audits and evaluation and monitoring mission.

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1. The instruments to be employed in the course of the operations referred to in Articles 3 and 4 shall include technical assistance, training or other services, supplies and works. They shall also include preliminary studies and evaluation and monitoring audits, the cost of which shall not exceed 10% of the appropriations allocated to this item by the budgetary authority in each financial year.

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Exceptionally, in the case of the comprehensive evaluation due after three years, the cost may amount to up to 20% of those appropriations.

(Amendment 9)

Article 6(5)

>Original text>

5. Opportunities may be sought for confinancing with other fund providers, and especially with Member States.

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5. Opportunities shall be sought for confinancing, in particular with the Member States, with third countries or with multilateral, regional or other organizations.

(Amendment 10)

Article 6(7), introduction

>Original text>

7. In order to achieve the objectives of consistency and complementarity referred to in the Treaty and with the aim of guaranteeing optimum effectiveness of all these operations, the Commission may take all necessary coordination measures, including in particular:

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7. In order to achieve the objectives of consistency and complementarity referred to in the Treaty and with the aim of guaranteeing optimum effectiveness of all these operations, the Commission, while having regard to the principles of sound management and avoiding excessive administrative costs, shall take all necessary coordination measures including in particular:

(Amendment 11)

Article 7, sole paragraph a (new)

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All necessary steps shall be taken to ensure that aid is properly evaluated, monitored and substantiated.

(Amendment 12)

Article 8, first paragraph

>Original text>

The financial reference amount for the implementation of this programme during the period 1998-2000 shall be ECU 30 million.

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Deleted

(Amendment 13)

Article 9(2)

>Original text>

2. Projects and programme appraisal shall take into account the following factors:

- effectiveness and viability of operators,

- cultural, social, gender and environmental aspects,

- institutional development necessary to achieve project goals,

- experience gained from operations of the same kind.

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Deleted

(Amendment 14)

Article 9(3), second subparagraph

>Original text>

The Commission shall inform the Committee referred to in Article 10 succinctly of the financing decisions which it intends to take with regard to projects and programmes of less than ECU 2 million in value. The information shall be made available not later than one week before the decision is taken.

>Text following EP vote>

The Commission shall inform the Committee referred to in Article 10 succinctly of the financing decisions which it intends to take with regard to projects and programmes of less than ECU 2 million in value.

(Amendment 15)

Article 9(7)

>Original text>

7. 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.

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7. 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, the recipient country and other developing countries.

(Amendment 16)

Article 9(8)

>Original text>

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

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8. Supplies should originate in the Member States, the recipient country or other developing countries. Exceptions will be allowed with the prior agreement of the competent department, in particular where the partners would otherwise have to bear extra or excessive costs.

(Amendment 17)

Article 9(9)

>Original text>

9. Particular attention will be given to

- the pursuit of cost-effectiveness and sustainable impact in project design,

- the clear definition and monitoring of objective and indications of achievement for all projects.

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Deleted

(Amendment 18)

Article 10(1)

>Original text>

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

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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:

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- for 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 governments of the Member States meeting within the Council(1);

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- for the Mediterranean countries, the MED committee set up by Article 6 of Council Regulation (EEC) No. 1762/92 on the implementation of the Protocols on financial and technical cooperation concluded by the Community with Mediterranean non-Member countries(2);

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- for the Asian and Latin American countries, the ALA Committee set up by Article 15 of Council Regulation (EEC) No. 443/92 on financial and technical assistance to, and economic cooperation with, the developing countries in Asia and Latin America(3).

(1) OJ L 229, 17.8.1991, p. 288.

(2) OJ L 181, 1.7.1992, p. 1.

(3) OJ L 52, 27.2.1992, p. 1.

(Amendment 19)

Article 10(2)

>Original text>

2. The representative of the Commission 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 within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.

The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.

>Text following EP vote>

2. The representative of the Commission 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.

>Original text>

If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commisison shall without delay submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.

>Original text>

If, on the expiry of a period of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.

(Amendment 20)

Article 10(3)

>Original text>

3. An exchange of views shall take place once a year on the basis of a presentation by the representative of the Commission of the general guidelines for the operations to be carried out in the year ahead, in the framework of a joint meeting of the committees referred to in paragraph 1.

>Text following EP vote>

3. An exchange of views shall take place once a year on the basis of a presentation by the representatie of the Commission of the general guidelines for the operations to be carried out in the year ahead, in the framework of a joint meeting of the committees referred to in paragraph 1. The joint meeting of the committees shall deliver an opinion on the general guidelines.

(Amendment 21)

Article 11(1)

>Original text>

1. 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.

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1. Before 1 September in each budget year, the Commission shall present a report to Parliament and the Council including a list of the partners in cofinanced operations and the percentage of cofinancing, summarizing the operations financed in the course of that year and providing a statistical evaluation of the implementation of this Regulation over that period.

>Original text>

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

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

(Amendment 22)

Article 11(2) and (3)

>Original text>

2. The Commission shall regularly assess operations financed by the Community with a view to establishing whether the objectives aimed at by such operations have been achieved and to provide guidelines for improving the effectivenss of future operations. The Commission shall submit to the Committee referred to in Article 10 a summary of the assessments made which, if appropriate, may be examined by the Committee. The assessment reports shall be made available to any Member States requesting them.

>Text following EP vote>

Deleted

>Original text>

3. The Commission shall inform the Member States, at latest one month after its decision, of the operations and projects approved, stating their cost and nature, the recipient country and partners.

(Amendment 23)

Article 12(2)

>Original text>

2. Three years after this Regulation enters into force, the Commission shall submit to the European Parliament and the Council an overall assessment of operations financed by the Community under this Regulation together with suggestions regarding the future of this Regulation and, where necessary, proposals for amending or terminating it.

>Text following EP vote>

2. Three years after this Regulation enters into force, the Commission shall submit to the European Parliament and the Council an overall assessment of operations financed by the Community under this Regulation together with suggestions regarding the future of this Regulation and, where necessary, proposals for amending it.