A4-0013/96

Proposal for a Council Regulation (EC) on operations to aid uprooted people (refugees, displaced persons and returnees) in Asian and Latin American developing countries (COM(95)0297 - C4-0379/95 - 95/0162(SYN))

The proposal was approved with the following amendents:

(Amendment 1)

Citation 4

>Original text>

Having regard to the Convention relating to the Status of Refugees of 28 July 1951 adopted by the United Nations Conference on the Status of Refugees and Stateless Persons, as well as the Protocol of New York adopted on 31 January 1967,

>Text following EP vote>

Having regard to the Convention relating to the Status of Refugees of 28 July 1951 adopted by the United Nations Conference on the Status of Refugees and Stateless Persons, the Protocol of New York adopted on 31 January 1967 and other resolutions adopted by the United Nations on refugee policies,

(Amendment 2)

Citation 4a (new)

>Text following EP vote>

Having regard to the 1948 Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights (1966), the Convention on the Elimination of all forms of Discrimination against Women (1979) and the Convention on the Rights of the Child (1989),

(Amendment 3)

Citation 5

>Original text>

Having regard to the resolution of the European Parliament on assistance to refugees in developing countries adopted on 16 December 19831,

1 OJ C 10, 16.1.1994, p. 278

>Text following EP vote>

Having regard to the resolution of the European Parliament on assistance to refugees in developing countries adopted on 16 December 19831 and subsequent resolutions,

__________

1 OJ C 10, 16.1.1994, p. 278

(Amendment 4)

Recital 3

>Original text>

Whereas there is a need to promote peaceful solutions to political conflicts or wars that cause population displacements;

>Text following EP vote>

Whereas there is a need to increase efforts aimed at the prevention of conflict and to promote peaceful solutions to political conflicts or wars that cause population displacements;

(Amendment 5)

Recital 3a (new)

>Text following EP vote>

Whereas there is increasing international recognition of 'de facto refugee status¨ arising from generalised as well as individual situations, as laid down by the 1984 Cartagena Declaration, recommended by the Council of Europe and by the European Parliament;

(Amendment 6)

Recital 3b (new)

>Text following EP vote>

Whereas refugee status may arise from persecution of particular social groups, and there is a need to promote the principle of non-discrimination;

(Amendment 7)

Recital 3c (new)

>Text following EP vote>

Whereas there is a need to uphold the non-refoulement principle, and the proper legal resolution of violations of human rights;

(Amendment 8)

Recital 5

>Original text>

Whereas the Community wishes aid for uprooted people to be provided in such a way as to help them move from subsistence to self-sufficiency, namely to make them less dependent, help them reintegrate by means of operations to develop self-sufficiency through farming, livestock-rearing, fish-farming, the setting- up of credit systems, basic education and vocational training, and decent standards of health and hygiene;

>Text following EP vote>

Whereas the Community wishes aid for uprooted people to be provided in such a way as to help them move from subsistence to self-sufficiency;

(Amendment 9)

Recital 7

>Original text>

Whereas administrative rules and procedures applicable to cooperation operations to help the refugees, displaced persons, returnees and demobilized soldiers must be laid down,

>Text following EP vote>

Whereas administrative rules and procedures applicable to cooperation operations to assist the refugees, displaced persons and returnees must be laid down,

(Amendment 10)

Recital 7a (new)

>Text following EP vote>

Whereas the environmental impact of large-scale population displacement must be addressed;

(Amendment 11)

Recital 7b (new)

>Text following EP vote>

Whereas European Union aid does not remove the obligation on host and donor governments to support the human rights of refugees according to the international conventions;

(Amendment 12)

Article 1

>Original text>

The Community shall implement a programme of assistance to uprooted people (refugees, displaced persons, returnees and demobilized soldiers) in Asian and Latin American countries to help them in the interim phase between humanitarian aid given in response to a crisis and the provision of rehabilitation or development aid when the situation so allows.

>Text following EP vote>

The Community shall implement a programme of support and assistance to uprooted people (refugees, displaced persons, returnees and returned displaced persons) in Asian and Latin American developing countries to help them in the interim phase between emergency humanitarian aid given in response to a crisis and the provision of longer term rehabilitation or development aid when the situation so allows.

(Amendment 13)

Article 1a (new)

>Text following EP vote>

Article 1a

The establishment of democratic structures and the promotion of human rights will be an integral part of assistance programmes to uprooted people in Asian and Latin American developing countries. All affected groups, as well as the local population hosting refugees and displaced persons, will be fully involved in the assessment of needs and implementation of assistance programmes. Assistance will be targeted to and funds earmarked for vulnerable groups including women, children, indigenous people, disabled and elderly people.

(Amendment 14)

Article 2

>Original text>

The Community shall support the following operations:

>Text following EP vote>

The Community shall support inter alia the following operations:

>Original text>

1. aid for the subsistence, upkeep and settlement of refugees in the host country;

>Text following EP vote>

1. aid for the subsistence, upkeep and settlement of refugees and displaced persons in the host country;

>Original text>

2. aid and support for the local population in the host area so that it is compensated for any losses suffered as a result of the presence of uprooted people and it does not feel discriminated against;

>Text following EP vote>

2. aid and support for the local population in the host area to attenuate the impact of the presence of uprooted people;

>Original text>

3. aid for repatriation;

>Text following EP vote>

3. aid for voluntary repatriation, including provision of independent monitoring and accompaniment;

>Original text>

4. aid for the resettlement of refugees and displaced persons in their places of origin or settlement in another region of their choice;

>Text following EP vote>

4. aid for the resettlement of refugees and displaced persons in their places of origin or settlement in another place of their choice, including possible resettlement in a third country;

>Original text>

5. aid for the temporary or permanent settlement of displaced persons in other regions within their own country;

>Text following EP vote>

5. aid for the temporary or permanent settlement of displaced persons in other regions within their own country;

>Original text>

6. aid for the economic integration in the host country of refugees who cannot, or do not wish to, return to their country of origin;

>Text following EP vote>

6. aid for the economic integration in the host country of refugees who cannot, or do not wish to, return to their country of origin;

>Original text>

7. possible resettlement of refugees in a third country;

>Text following EP vote>

7. aid for socio-economic development and social reintegration, including conciliation/mediation support, in the areas to which refugees return;

>Original text>

8. aid for socio-economic regeneration and social reintegration in the areas to which refugees return: activities, pending the start-up of rehabilitation or development programmes, include food self-sufficiency and rural development, and health and education;

>Text following EP vote>

8. aid for activities, pending the start-up of rehabilitation or development programmes, which include food self-sufficiency, the provision of shelter, sanitation, drinking water, basic health care including reproductive health facilities, psychological health, education and basic infrastructure requirements;

>Original text>

9. aid for the demobilization and reintegration of ex-soldiers into civilian life;

>Text following EP vote>

9. aid for demilitarisation initiatives including the demobilization and reintegration of former armed forces into civilian life and the provision of psycho-social support;

>Original text>

10. mine-clearance operations where necessary to allow people to move about in safety and settle, resettle or integrate into the social and economic life of the host country or region or country or region to which they return.

>Text following EP vote>

10. mine-clearance operations where necessary to allow people to move about in safety and settle, resettle or integrate into the social and economic life of the host country or region or country or region to which they return; operations should encourage awareness-building and safety with regard to mines;

>Text following EP vote>

10a. aid for operations which provide legal advice and support displaced persons to reclaim their land and property rights;

>Text following EP vote>

10b. operations designed to reverse environmental damage caused by large population displacement;

>Text following EP vote>

10c. specific programmes for displaced women to combat sexual violence, support for female field staff and the establishment of women-only services, including treatment for women who have been victims of rape, treatment of sexually transmitted diseases and health programmes for mother and child;

>Text following EP vote>

10d. aid to promote family unity including family tracing and reunification programmes;

>Text following EP vote>

10e. aid in respect of the legal resolution of human rights violations against displaced persons.

(Amendment 15)

Article 3(1)(b) and (c)

>Original text>

(b) 'displaced persons¨ are persons or groups who need international protection, but do not enjoy refugee status, as defined by the 1951 Convention;

>Text following EP vote>

(b) 'displaced persons¨ are persons or groups who are displaced within their own countries for reasons similar to those set-out in the 1951 Convention, and who need international protection, but do not enjoy refugee status, as defined by the 1951 Convention;

>Original text>

(c) 'returnees¨ are persons or groups who, having fled their place of origin, then decide of their own free will or because of the situation, to return to their country or region of origin.

>Text following EP vote>

(c) 'returnees¨ are persons or groups who, having fled their country of origin, then decide of their own free will to return to their country or region of origin;

>Text following EP vote>

(ca) 'returned displaced persons¨ are persons or groups who, having fled their place of origin, but who remain within their country of origin, decide of their own free will to return to their home area.

(Amendment 16)

Article 3(2)

>Original text>

2. The Aid shall also be available for:

>Text following EP vote>

2. The Aid shall also be available for:

>Original text>

(a) the local population of the host country, whose economic and administrative resources contribute to receiving and assisting refugees and displaced persons and to carrying out longer term projects designed to bring about their self sufficiency and integration or reintegration;

>Text following EP vote>

(a) the local population of the host country, whose social, economic and administrative resources contribute to receiving and assisting refugees and displaced persons to enable them to carry out longer term projects designed to bring about the rehabilitation of their community;

>Original text>

(b) former soldiers of regular armies and demobilized armed opposition movements, plus their families and grassroots support.

>Text following EP vote>

(b) demobilized armed forces plus their families and grassroots support;

>Text following EP vote>

(ba) persons in need of international protection because of a serious threat to their life, liberty or security as a result of persecution, armed conflict or serious public disorder.

(Amendment 17)

Article 4

>Original text>

Partners in the implementation of technical assistance shall be non-governmental organizations, United Nations agencies, international organizations, states and regions, local authorities, regional authorities, public agencies, local and traditional communities, institutions, private operators and consultants.

>Text following EP vote>

Partners in the implementation of specialised and technical assistance shall be non-governmental organizations, community-based organizations, United Nations agencies, international aid organizations, national, regional or local authorities and other appropriate partners.

(Amendment 18)

Article 5

>Original text>

1. The means deployed in implementing operations referred to in Article 2 shall include studies, technical assistance, training and other services, supplies, works, and audits and evaluation and monitoring missions.

>Text following EP vote>

1. The means deployed in implementing operations referred to in Article 2 shall include studies, technical assistance, training and other services, supplies, works, and audits and evaluation and monitoring missions. If imperative for the success of an operation, funds may be provided for the preparation of studies, for which experts, male and female, from the recipient country shall primarily be used. The cost of studies, audits and evaluation and monitoring missions shall be restricted to what is absolutely essential and shall not exceed 3% of the total cost of the operation.

>Original text>

2. Community financing may also cover investment expenditure, excluding the purchase of real estate, and running costs, whether in foreign exchange or local currency, in accordance with the requirements of implementing the operation.

>Text following EP vote>

2. Community financing may also cover investment expenditure, excluding the purchase of real estate, and running costs, whether in foreign exchange or local currency, in accordance with the requirements of implementing the operation.

>Original text>

3. Systematic efforts shall be deployed to raise a contribution, especially in financial form, from participants or partners who will enjoy the benefits of the operation (countries, local communities, business, etc.) within the limits of what is possible and depending on the nature of the operation.

>Text following EP vote>

3. Systematic efforts shall be deployed to raise a contribution, especially in financial form, from participants or partners who will enjoy the benefits of the operation (countries, local communities, business, etc.) within the limits of what is possible and depending on the nature of the operation.

>Original text>

4. Cofinancing shall also be sought, in particular form the Member States and multilateral, regional or other organizations. The necessary measures shall be taken to show that the aid supplied under this Regulation comes from the Community.

>Text following EP vote>

4. Cofinancing shall also be sought, in particular form the Member States and multilateral, regional or other organizations.The necessary measures shall be taken to show that the aid supplied under this Regulation comes from the Community.

>Original text>

5. The commission shall, in order to ensure the consistency and complementarity of operations financed by the Community and by Member States with a view to maximizing their effectiveness, take all necessary coordination measures, including:

>Text following EP vote>

5. The commission shall, in order to ensure the consistency and complementarity of operations cofinanced for example by the Community, the Member States, and other bilateral and international donors with a view to maximizing their effectiveness, take all necessary coordination measures, including:

>Original text>

(a) the setting-up of an electronic information exchange system on the operations financed, which may be financed by the Community and the Member States;

>Text following EP vote>

(a) the setting-up of a reciprocal electronic information exchange system to which parliamentarians have authorised access, on operations which may be financed by the Community, the Member States and other donors;

>Original text>

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

>Text following EP vote>

(b) on-the-spot coordination of operations through regular meetings and exchanges of information between Commission, Member State and other donor representatives and operational partners in the recipient country;

>Text following EP vote>

(ba) coordination and consultation with the competent committee of the European Parliament and NGO liaison organization.

(Amendment 19)

Article 7(2) to (6)

>Original text>

2. Decisions relating to grants of more than ECU 5 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 8.

>Original text>

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, in particular those of the Financial Regulation applicable to the general budget of the European Communities.

>Text following EP vote>

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, in particular those of the Financial Regulation applicable to the general budget of the European Communities.

>Original text>

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

>Text following EP vote>

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

>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 host countries. It may be extended to other developing countries.

>Text following EP vote>

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 host countries. It may be extended to other developing countries.In appropriately substantiated exceptions it may also be extended to other third countries. Preference in the award of contracts shall be given to tenderers in the recipient country and developing countries in the same region provided that their tenders are of equal quality.

>Original text>

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

>Text following EP vote>

6. Supplies shall originate in the Member States, the host country or other developing countries. In exceptional cases, where circumstances warrant, supplies may originate elsewhere. Preference in the award of contracts shall be given to tenderers in the recipient country and developing countries in the same region provided that their tenders are of equal quality.

(Amendment 20)

Article 8

>Original text>

1. The Commission shall be assisted by an Advisory Committee made up of representatives of the Member States and chaired by the representative of the Commission, namely the ALA Committee set up under Article 15 of Council Regulation (EEC) No 443/92 adopted on 25 February 1992.

>Text following EP vote>

1. The Commission shall be assisted by an Advisory Committee made up of representatives of the Member States and chaired by the representative of the Commission.

>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, if necessary by taking a vote.

>Text following EP vote>

2. Opinions shall be recorded in the minutes; each Member State shall have the right to ask for its position to be recorded in the minutes. A copy of the minutes will be forwarded to the competent committee of the European Parliament.

>Original text>

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

>Original text>

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.

>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.

>Original text>

3. There shall be an exchange of views once a year on the basis of a report by the Commission representative on the general guidelines for operations in the coming year.

>Text following EP vote>

3. There shall be an exchange of views once a year on the basis of a report by the Commission representative on the general guidelines for operations in the coming year.

>Text following EP vote>

The Commission shall establish the general guidelines to be presented on the basis of consultations held with the authorities, partner organisations and beneficiaries in the countries receiving assistance. The competent committee of the European Parliament may send a representative to this meeting as an observer with the right to speak.

>Text following EP vote>

3a. The meetings held under the terms of this Article shall be held in public and the full minutes transmitted to the European Parliament and the Council for information within ten working days of each meeting.

(Amendment 21)

Article 9

>Original text>

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.

>Text following EP vote>

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

>Original text>

The summary shall provide information about those with whom contracts have been concluded.

>Text following EP vote>

The report shall provide clear, detailed information about those with whom contracts have been concluded. Where possible, it shall include information on the funds committed at national level in the course of the year.

>Original text>

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

>Text following EP vote>

The report shall also summarize any independent evaluations of and audits of accounts relating to specific operations.

(Amendment 22)

Article 10, second subparagraph a (new)

>Text following EP vote>

This Regulation shall be subject to review five years after it comes into force.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation on operations to aid uprooted people (refugees, displaced persons and returnees) in Asian and Latin American developing countries (COM(95)0297 - C4-0379/95 - 95/0162(SYN))

(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(95)0297 - 95/0162(SYN) ((OJ C 237, 12.9.1995, p. 19.)),

- having been consulted by the Council pursuant to Articles 189c and 130w of the EC Treaty (C4-0379/95),

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

- having regard to the report of the Committee on Development and Cooperation and the opinions of the Committee on Budgets and the Committee on Budgetary Control (A4-0013/96),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

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

5. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

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