A4-0107/96

Draft Council Regulation (Euratom, EC) concerning the provision of assistance to economic reform and recovery in the New Independent States and Mongolia (4546/96 - C4-0090/96 - 95/0056(CNS))

The draft was approved with the following amendments:

(Amendment 1)

Recital 3

>Original text>

Whereas such assistance will be fully effective only in the context of progress towards free and open democratic systems that respect human rights, and towards market-oriented economic systems;

>Text following EP vote>

Whereas such assistance will be fully effective only in the context of progress towards free and open democratic systems that respect human and minority rights and the rights of indigenous peoples, and towards market-oriented economic systems; whereas this progress is an essential element for the continuation of assistance;

(Amendment 2)

Recital 8a (new)

>Text following EP vote>

Whereas such assistance may with advantage be provided, in many cases, through non-governmental organizations;

(Amendment 3)

Recital 10

>Original text>

Whereas in order to properly meet the most acute needs of the New Independent States and Mongolia at the present stage of their economic transformation, it is necessary to permit a limited amount of the financial allocation to be used for small scale infrastructure projects in the context of cross-border cooperation;

>Text following EP vote>

Whereas in order to properly meet the most acute needs of the New Independent States and Mongolia at the present stage of their economic transformation, it is necessary to permit the financial allocation to be used for small-scale infrastructure projects, particularly aimed at the creation or improvement of border-crossing facilities and in the context of cross-border cooperation;

(Amendment 4)

Recital 13

>Original text>

Whereas the integration of environmental aspects into the programme would guarantee the long-term sustainability of the economic reforms;

>Text following EP vote>

Whereas the integration of environmental and public health protection aspects into the programme would guarantee the long-term sustainability of the economic reforms;

(Amendment 5)

Recital 14

>Original text>

Whereas the European Council at its meeting in Rome also stressed the importance of effective coordination by the Commission of the efforts made in the former Union of Soviet Socialist Republics by the Community and its Member States acting individually;

>Text following EP vote>

Whereas the European Council at its meeting in Rome also stressed the importance of effective coordination by the Commission of the efforts made in the New Independent States of the former Union of Soviet Socialist Republics and in Mongolia by the Community and its Member States acting individually; whereas it is therefore the Commission's duty to ensure such coordination;

(Amendment 6)

Article 1(1)

>Original text>

1. A programme to assist economic reform and recovery in the partner States listed in Annex I (hereinafter called 'the partner States¨) shall be implemented by the Community from 1 January 1996 to 31 December 1999 in accordance with the criteria laid down in this Regulation.

>Text following EP vote>

1. A programme to assist economic reform and recovery in the partner States listed in Annex I (hereinafter called 'the partner States') shall be implemented by the Community from 1 January 1996 to 31 December 2001 in accordance with the criteria laid down in this Regulation.

(Amendment 7)

Article 1(2)

>Original text>

2. Assistance shall be concentrated on sectors and, where appropriate, on geographic areas in which the partner States have already taken concrete measures to promote reform and/or for which they can present a time-schedule. Criteria for implementation of this Regulation are set out in Annex IV which, if appropriate, may be modified according to the procedure laid down in Article 6(2) and (3).

>Text following EP vote>

2. Assistance shall be concentrated on sectors and, where appropriate, on geographic areas in which the partner States have already taken concrete measures to promote reform and/or for which they can present a time-schedule. Criteria for implementation of this Regulation are set out in Annex IV.

(Amendment 8)

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

>Original text>

1. The programme referred to in Article 1 shall mainly take the form of technical assistance in support of the economic reform in progress in the partner States for measures aimed at bringing about the transition to a market economy and reinforcing democracy.

>Text following EP vote>

1. The programme referred to in Article 1 shall mainly take the form of technical assistance in support of the economic reform in progress in the partner States for measures aimed at bringing about the transition to a market economy and reinforcing democracy, inter alia through support for the development of new structures for the provision of culture, education, health and social welfare programmes and through the encouragement of the dialogue between the social partners.

>Original text>

It shall also, case by case and in accordance with the procedure set out in Article 6(2) and (3), cover reasonable costs of supplies required in support of the implementation of the technical assistance. In particular cases, such as nuclear safety programmes, a significant supply element may be included.

>Text following EP vote>

It shall also, case by case and in accordance with the procedure set out in Article 6(2) and (3), cover reasonable costs of supplies required in support of the implementation of the technical assistance. In particular cases, such as nuclear safety, environmental protection and public health programmes, a significant supply element may be included.

(Amendment 9)

Article 2(2)

>Original text>

2. On a case by case basis and subject to the procedure referred to in Article 6(2), assistance may cover costs related to small-scale infrastructure projects in the context of border-crossing facilities referred to in Article 2(9).

>Text following EP vote>

2. Assistance may cover costs related to small-scale infrastructure projects in the context of border-crossing facilities referred to in Article 2(9).

(Amendment 10)

Article 2(3a)

>Original text>

3a. The allocation to activities mentioned under 2.2 and 2.3 shall not exceed 10% of the annual Tacis budget.

>Text following EP vote>

Deleted

(Amendment 11)

Article 2(3b) (new)

>Text following EP vote>

3b. In all cases, particular attention shall be paid to the potential multiplier and spin-off effects of the projects financed.

(Amendment 12)

Article 2(4a) (new)

>Text following EP vote>

4a. The Commission shall ensure constant qualitative monitoring, audit and assessment of projects underway, enabling it to identify and correct problems arising during the course of project implementation.

(Amendment 13)

Article 2(5)

>Original text>

5. The assistance shall be concentrated in particular in the indicative areas referred to in Annex II taking into account the evolving needs of the beneficiaries. Particular emphasis shall be laid on nuclear safety issues.

>Text following EP vote>

5. The assistance shall be concentrated in particular in the indicative areas referred to in Annex II taking into account the evolving needs of the beneficiaries. Particular emphasis shall be laid on nuclear safety issues. In addition, financial support may be given to environmental impact assessment procedures or eco-audits.

(Amendment 14)

Article 2(8), 1st subparagraph

>Original text>

8. The assistance shall be implemented on a decentralised basis as far as possible. To this end, the final recipients of Community assistance shall be closely involved in the preparation and execution of the projects, and once the national authorities of the partner States have agreed on sectoral policies and strategies, as well as the geographical concentration areas, the identification and preparation of the measures to be supported shall be carried out directly at regional level wherever possible.

>Text following EP vote>

8. The assistance shall be implemented on a decentralised basis as far as possible. To this end, the final recipients of Community assistance shall be closely involved in the preparation, execution and, as far as possible, ultimately in the financial management of the projects, and once the national authorities of the partner States have agreed on sectoral policies and strategies, as well as the geographical concentration areas, the identification and preparation of the measures to be supported shall be carried out directly at regional level wherever possible. The Commission shall establish an appropriate level of local representation to achieve these aims.

(Amendment 15)

Article 2(8), 1st subparagraph a (new)

>Text following EP vote>

Particular attention shall be paid to projects which are co-financed directly by local authorities or economic operators in the countries of Central and Eastern Europe or on their behalf.

(Amendment 16)

Article 2(8), 2nd subparagraph

>Original text>

Regular coordination shall be established between the Commission and the Member States, including on-the-spot coordination in their contacts with the partner States, both in the programme-definition and in the programme-implementation stage.

>Text following EP vote>

Continuous coordination shall be established between the Commission, its representative offices in the beneficiary countries, and the Member States, including on-the-spot co-ordination in their contacts with the partner States, both in the programme-definition and in the programme-implementation stage.

(Amendment 17)

Article 2(9)

>Original text>

9. Assistance may be provided to support measures aimed at promoting inter- state, inter-regional and cross-border cooperation. Particular attention will be paid to border- crossing facilities on borders between the NIS and the Union, and the NIS and Central Europe, as well as to measures on the Finnish-Russian border comparable to those undertaken in this field between the Union and the Phare countries. Moreover, particular attention will be paid to the cooperation on the level of large geographic regions between the NIS and the Union and the NIS and Central Europe.

>Text following EP vote>

9. Assistance shall be provided to support measures aimed at promoting inter- state, inter-regional and cross-border cooperation. Particular attention will be paid to cross-border cooperation, including border-crossing facilities on borders between the NIS and the Union and the NIS and Central Europe, to the cooperation on the level of large geographic regions as well as to measures complementary to those undertaken in this field within the Union and the Phare countries. Cross-border projects may be funded jointly by this programme and INTERREG.

(Amendment 18)

Article 2(10)

>Original text>

10. When an essential element for the continuation of cooperation through assistance is missing, in particular in cases of violation of democratic principles and human rights, the Council may, on a proposal from the Commission, acting by a qualified majority, decide upon appropriate measures concerning assistance to a partner State.

>Text following EP vote>

10. When an essential element for the continuation of cooperation through assistance is missing, in particular in cases of violation of democratic principles, human rights, minority rights and the rights of indigenous peoples, the Council may, acting by a qualified majority, on a proposal from the Commission and after consulting the European Parliament, decide upon appropriate measures concerning assistance to a partner State. The partners should first make use of the cooperation council, if they are linked through a partnership and cooperation agreement, by following the procedure laid down in that agreement.

(Amendment 19)

Article 3(1a) (new)

>Text following EP vote>

1a. The Community shall provide assistance either independently or on the basis of co-financing in conjunction with Member States, the European Investment Bank, third countries, multilateral agencies or the recipient countries.

(Amendment 20)

Article 3(2)

>Original text>

2. Financing decisions and any contracts resulting therefrom shall expressly provide for supervision by the Commission and the Court of Auditors to be carried out on the spot, if necessary.

>Text following EP vote>

2. Financing decisions and any contracts resulting therefrom shall expressly provide for supervision by the Commission and the Court of Auditors.

The supervision by the Commission may be conducted by specialised staff. This staff can be employed for the duration of the programme, shall be financed from the funds made available for these measures and shall become operational only at the location of the respective projects. The Commission shall itemise the cost of these measures in the preliminary draft budget.

(Amendment 21)

Article 4(1)

>Original text>

1. Indicative programmes covering four-year periods shall be established for each of the partner States in accordance with the procedure provided for in Article 6. These programmes shall define the principal objectives of and guidelines for Community assistance in the indicative areas referred to in Article 2, and could include financial estimates. They may be amended in accordance with the same procedure during the period of their application. Before the establishment of indicative programmes, the Commission shall discuss with the Committee referred to in Article 6 the priorities identified with the partner States.

>Text following EP vote>

1. Indicative programmes covering three-year periods shall be established for each of the partner States in accordance with the procedure provided for in Article 6. These programmes shall define the principal objectives of and guidelines for Community assistance in the indicative areas referred to in Article 2, and shall include financial estimates. They may be amended in accordance with the same procedure during the period of their application. Before the establishment of indicative programmes, the Commission shall inform the Committee referred to in Article 6 on the priorities identified with the partner States.

(Amendment 22)

Article 4(2)

>Original text>

2. Action programmes based on these indicative programmes shall be adopted on an annual basis in accordance with the procedure provided for in Article 6(2) and (3). These action programmes shall include a list of the main projects to be financed within the indicative areas referred to in Article 2. The content of the programmes shall be determined in detail so as to provide the Member States with the relevant information to enable the Committee referred to in Article 6 to deliver its opinion.

>Text following EP vote>

2. Action programmes based on these indicative programmes shall be adopted by the Commission on an annual basis and transmitted to the Committee provided for in Article 6. These action programmes shall include a list of the main projects to be financed within the indicative areas referred to in Article 2. The content of the programmes shall be determined in detail so as to provide the Member States with the relevant information.

(Amendment 23)

Article 5(2), 2nd subparagraph

>Original text>

Open invitations to tender for the award of supply contracts in accordance with Article 114 of the Financial Regulation of the European Communities shall allow for a time limit to submit an offer of not less than 52 days from the date of dispatch of the notice to the Official Journal.

>Text following EP vote>

Open invitations to tender for the award of supply contracts in accordance with Article 114 of the Financial Regulation of the European Communities shall allow for a time limit to submit an offer of not less than 52 days from the date of publication of the notice in the Official Journal.

(Amendment 24)

Article 5(2), 3rd subparagraph

>Original text>

Service contracts shall, as a general rule, be awarded by restricted invitations to tender and by private treaty for operations up to ECU 200 000.

>Text following EP vote>

Service contracts shall, as a general rule, be awarded by restricted invitations to tender and by private treaty for operations up to ECU 300 000.

(Amendment 25)

Article 5(2), 4th subparagraph

>Original text>

Participation in invitations to tender and contracts shall be open on equal terms to all natural and legal persons in the Member States and in the partner States.

>Text following EP vote>

Participation in invitations to tender and contracts shall be open on equal terms to all natural and legal persons in the Member States, the partner States and the Phare countries.

(Amendment 26)

Article 5(2), 5th subparagraph

>Original text>

Participation by natural and legal persons from the countries benefiting from Phare as well as in specific cases from Mediterranean countries with traditional economic, trade or geographical links may be authorised by the Commission on a case-by-case basis if the programmes or projects concerned require specific forms of assistance specifically available in such countries.

>Text following EP vote>

Participation in invitations to tender by natural and legal persons from the countries benefiting from Phare as well as in specific cases from Mediterranean countries with traditional economic, trade or geographical links may be authorised by the Commission on a case-by-case basis if the programmes or projects concerned require specific forms of assistance specifically available in such countries.

(Amendment 27)

Article 5a

>Original text>

The principles governing the award of contracts by means of tendering, in particular restricted tendering, are contained in the Annex III, which may be modified by the Council, acting by qualified majority on a proposal by the Commission.

>Text following EP vote>

The principles governing the award of contracts by means of tendering, in particular restricted tendering, are contained in the Annex III.

>Original text>

The Commission shall present to the Council a report on the implementation of these principles by 31 December 1997.

>Text following EP vote>

The Commission shall present to the Council and the European Parliament a report on the implementation of these principles by 31 December 1997.

(Amendment 28)

Article 6(1), (2) and (3)

>Original text>

1. The Commission shall be assisted by a committee composed of the representatives of the Member States and chaired by the representative of the Commission (hereinafter referred to as the 'Committee¨) to be known as the 'Committee for assistance to the Independent States and Mongolia¨.

>Text following EP vote>

1. The Commission shall be assisted by an advisory committee composed of the representatives of the Member States and chaired by the representative of the Commission to be known as the "Advisory Committee for assistance to the Independent States and Mongolia¨.

>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 EEC 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.

>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 an 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.

>Original text>

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

>Text following EP vote>

3. 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.

>Original text>

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

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.

>Text following EP vote>

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

(Amendment 29)

Article 7,1st and 2nd paragraphs

>Original text>

The Commission shall, together with the Member States, ensure the effective coordination of the assistance efforts undertaken in the partner States by the Community and individual Member States on the basis of the information supplied by the Member States.

>Text following EP vote>

The Commission shall ensure the effective coordination of the assistance efforts undertaken in the partner States by the Community and individual Member States on the basis of the information supplied by the Member States.

>Original text>

In addition coordination and cooperation with the international financial institutions and other donors shall be encouraged.

>Text following EP vote>

In addition coordination and cooperation with the international financial institutions and other donors shall be ensured.

(Amendment 30)

Article 8

>Original text>

Each year the Commission shall present a progress report on the implementation of the assistance programme. This report shall also include an evaluation of the assistance already provided. This report shall be addressed to the Member States, the European Parliament, the Council and the Economic and Social Committee and the Committee of the Regions.

>Text following EP vote>

By 1 September of each year a comprehensive report evaluating the progress of projects and their impact on the progress of development in each of the partner States shall be addressed by the Commission to the Member States, the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions.

(Amendment 31)

ANNEX II(1)

>Original text>

1. Human resources development:

- education, training including managerial and manpower training,

- restructuring of public administration,

- employment services and social security advice,

- strengthening of the civic society,

- policy and macro-economic advice,

- legal assistance including approximation of legislation;

>Text following EP vote>

1. Human resources development:

- education, training including managerial and manpower training, inter- cultural cooperation,

- restructuring of public administration,

- employment services and social security advice,

- strengthening of the civic society, support for democracy and the rule of law,

- policy and macro-economic advice,

- legal assistance including approximation of legislation;

(Amendment 32)

ANNEX II(4a) (new)

>Text following EP vote>

4a. Development of the social sector:

>Text following EP vote>

- strengthening the delivery of culture, education, health and social welfare,

>Text following EP vote>

- support for institution-building in the field of social welfare;

(Amendment 36)

Annex III(3)

>Original text>

3. The tender is evaluated on the basis of a weighing of technical quality against price. The weighing of the two criteria shall be announced in each invitation to tender. The technical evaluation shall be carried out according in particular to the following criteria: organization, time schedule, methods and plan of work proposed for providing the services, the qualifications, experience, skills of the staff proposed for the provision of the services and the use made of local companies or experts, their integration into the project, and their contribution to the sustainability of the project results. Specific experience of the tenderer in TACIS shall not be taken into account.

>Text following EP vote>

3. The tender is evaluated on the basis of a weighing of technical quality against price. The weighing of the two criteria shall be announced in each invitation to tender. The technical evaluation shall be carried out according in particular to the following criteria: organization, time schedule, methods and plan of work proposed for providing the services, the qualifications, experience, skills of the staff proposed for the provision of the services and the use made of local companies or experts, their integration into the project, and their contribution to the sustainability of the project results.

(Amendment 33)

ANNEX III(9), 1st paragraph

>Original text>

9. When drawing up the short-list the Commission shall be guided by qualification, interest and availability of the firm, organization or institution. The number of firms, organisations and institutions on a short- list shall depend on the size and the complexity of the project and should offer the widest possible choice.

>Text following EP vote>

9. When drawing up the short-list the Commission shall be guided by qualification, interest and availability of the firm, organization or institution. The number of firms, organisations and institutions on a short- list shall depend on the size and the complexity of the project and should offer the widest possible choice, with the inclusion of the operators from the recipient countries, wherever possible.

(Amendment 34)

ANNEX IV(3), 2nd subparagraph a (new)

>Text following EP vote>

Expenditure for this purpose may not exceed 3% of total contracts awarded each year.

(Amendment 35)

ANNEX IV(5), 4th subparagraph

>Original text>

Additional reports shall be made available to the TACIS Committee and to the European Parliament on a quarterly basis:

>Text following EP vote>

Additional reports shall be made available to the TACIS Committee and to the European Parliament on a quarterly basis, containing a review of the position regarding contracts, payment authorizations and commitment authorizations and, in particular:

>Original text>

(i) list of firms, organisations, institutions and their nationality being awarded contracts in excess of 100.000 Ecu,

>Text following EP vote>

(i) list of firms, organisations, institutions and their nationality being awarded contracts in excess of 100.000 Ecu and procedure followed for award,

>Original text>

(ii) list concerning the distribution of awarded contracts per country of origin.

>Text following EP vote>

(ii) list concerning the distribution of awarded contracts per country of origin.

Legislative resolution embodying Parliament's opinion on the draft Council Regulation (EURATOM, EC) concerning the provision of assistance to economic reform and recovery in the New Independent States and Mongolia (4546/96 - C4-0090/96 - 95/0056(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the draft Council Regulation, 4546/96 - 95/0056(CNS),

- having regard to its opinion of 16 November 1995 ((OJ C 323, 4.12.1995, p. 83.)) on the Commission proposal to the Council, COM(95)0012 - C4-0242/95 - 95/0056(CNS) ((OJ C 134, 1.6.1995, p. 16.)),,

- having been consulted by the Council pursuant to Article 235 of the EC Treaty and Article 203 of the Euratom Treaty (C4-0090/96),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on External Economic Relations and the opinions of the Committee on Foreign Affairs, Security and Defence Policy, the Committee on Budgets and the Committee on Budgetary Control (A4-0107/96),

1. Approves the draft Council Regulation, subject to Parliament's amendments;

2. Calls for the conciliation procedure to be opened should the Council intend to depart from the text approved by Parliament;

3. Asks to be consulted again should the Council intend to make substantial modifications to its draft Regulation;

4. Instructs its President to forward this opinion to the Council and Commission.