A4-0247/96

Proposal for a Council Regulation relating to aid for Bosnia and Herzegovina, Croatia, the Federal Republic of Yugoslavia and the former Yugoslav Republic of Macedonia (COM(96)0123 - 8256/96 - C4-0333/96 - 96/0096(CNS))

The proposal was approved with the following amendments:

(Amendment 1)

Citation 1a (new)

>Text following EP vote>

Having regard to the European Parliament resolution of 20 June 1996 on the Commission communication on reconstruction in the former Yugoslavia(1) and the statements on aid to FYROM,

(1) Minutes of that sitting, Part II, Item 6(b).

(Amendment 2)

Recital 1

>Original text>

Whereas economic development, the restoration of civil society and cooperation between the Republics of former Yugoslavia in accordance with the regional approach as defined by the Council are a prerequisite for peace and stability in the Balkans;

>Text following EP vote>

Whereas a prerequisite for economic development, the restoration of civil society, the restoration of Bosnia-Herzegovina as a civil society free of ethnic ties and, in the longer term, good-neighbourly cooperation between the Republics of former Yugoslavia is the application of international law in the Balkans;

(Amendment 3)

Recital 3

>Original text>

Whereas the European Community has decided to contribute to these operations under the conditions indicated by the Council;

>Text following EP vote>

Whereas the European Community has decided to contribute to these operations under the political conditions indicated by the European Union;

(Amendment 4)

Recital 4

>Original text>

Whereas it intends to make its support contingent on adherence to the political and economic terms of the peace agreements signed in Paris on 14 December 1995, notably respect for human rights;

>Text following EP vote>

Whereas it intends to make its support contingent on adherence to the political and economic terms of the peace agreements signed in Paris on 14 December 1995, notably respect for human rights and international cooperation;

(Amendment 5)

Recital 5

>Original text>

Whereas to foster reconciliation between the various parties and prevent any resurgence of fighting special attention should be accorded to operations aimed at achieving economic and social objectives, in particular employment, the restoration of civil society and the return and reintegration of refugees and displaced persons;

>Text following EP vote>

Whereas to foster reconciliation between the various parties and prevent any resurgence of fighting special attention should be accorded to operations aimed at achieving economic and social objectives, in particular employment, the restoration of civil society, arms control, and the return and reintegration of refugees, displaced persons and demobilized armed forces personnel;

(Amendment 6)

Recital 6

>Original text>

Whereas a multiannual approach should be adopted to enable the measures provided for in this Regulation to be managed efficiently and medium-term operations to be undertaken;

>Text following EP vote>

Whereas a multiannual approach until 31 December 1999 should be adopted to enable the measures provided for in this Regulation to be managed efficiently and medium-term operations to be undertaken;

(Amendment 7)

Recitla 6a (new)

>Text following EP vote>

Whereas, as regards European Community aid, maximum transparency must be ensured in the implementation of financial assistance and stringent controls must be applied to the use of appropriations;

(Amendment 8)

Article 1, first paragraph

>Original text>

The Community shall implement aid measures in accordance with the specific conditions set by the Council, including projects, programmes and cooperation schemes for reconstruction, return of refugees and displaced persons and for economic and regional cooperation in Bosnia and Herzegovina, Croatia, the Federal Republic of Yugoslavia and the former Yugoslav Republic of Macedonia in line with the criteria set out in this Regulation.

>Text following EP vote>

The Community shall implement aid measures in accordance with the specific conditions set by the Council and on a proposal from the Commission approved by the European Parliament, including projects, programmes and cooperation schemes for reconstruction, arms control, return of refugees, displaced persons and demobilized armed forces personnel, and for economic and regional cooperation in Bosnia and Herzegovina, Croatia, the Federal Republic of Yugoslavia and the former Yugoslav Republic of Macedonia in line with the criteria set out in this Regulation.

(Amemdment 9)

Article 1, third paragraph

>Original text>

The annual appropriations shall be authorized by the budgetary authority within the limits of the financial perspective.

>Text following EP vote>

This amount shall be without prejudice to the powers of the budgetary authority.

It shall set the appropriations for each financial year, subject to implementation in previous financial years and to the availability of resources under the financial perspective.

(Amendments 10 and 23)

Article 2

>Original text>

This Regulation is based on respect for democratic principles and the rule of law and for human rights and fundamental freedoms, which are an essential aspect. The specific conditions laid down by the Council for the implementation of cooperation with former Yugoslavia are also an essential part of this Regulation.

>Text following EP vote>

This Regulation is based on respect for democratic principles and the rule of law and for human rights and fundamental freedoms, which are an essential aspect. The specific conditions laid down by the Council on a proposal from the Commission and with the approval of the European Parliament for the implementation of cooperation with former Yugoslavia are also an essential part of this Regulation.

>Text following EP vote>

The granting and continuation of Community aid shall be subject to certain conditions, notably:

>Text following EP vote>

- application of the clauses of the peace agreement;

>Text following EP vote>

- respect for human rights, the rights of minorities and the right of all refugees and displaced persons to return home;

>Text following EP vote>

- in relation to the Federal Republic of Yugoslavia (Serbia and Montenegro), the granting within that State of a wide measure of autonomy to Kosovo, and guarantees of the political and cultural rights of the nationalities in the Vojvodina;

>Text following EP vote>

- cooperation with the International War Crimes Tribunal;

>Text following EP vote>

- respect for the principles of a market economy.

(Amendment 11)

Article 2a (new)

>Text following EP vote>

Article 2a

Should a recipient State infringe essential conditions laid down in Article 2, in particular where respect for the principles of democracy and human rights is concerned, the aid measures provided for in Article 1 shall be suspended by the Council acting by a qualified majority on a proposal from the Commission after consulting the European Parliament.

(Amemdnment 12)

Article 4(1)

>Original text>

1. The aim of the projects, programmes and cooperation schemes shall be to underpin the reconstruction process, to encourage the return of refugees, reconciliation and regional economic cooperation, and to create the economic and social conditions that will lay the foundations for the development of the recipient countries.

>Text following EP vote>

1. The aim of the projects, programmes and schemes shall be to underpin the reconstruction process, to encourage the return of refugees and demobilized armed-forces personnel, reconciliation,good-neighbourly relations, arms control and regional economic cooperation, and to create the economic and social conditions that will lay the foundations for the development of the recipient countries.

(Amemdment 13)

Article 4(2), indents

>Original text>

- regional cooperation and good neighbourliness projects, and transborder projects;

>Text following EP vote>

- regional cooperation, inter-ethnic and good neighbourliness promotion projects, and transborder projects;

>Original text>

- rebuilding of infrastructure and other individual or collective facilities damaged in the fighting;

>Text following EP vote>

- rebuilding of infrastructure and other individual or collective facilities damaged in the fighting;

>Original text>

- the consolidation of civil society;

>Text following EP vote>

- the consolidation of civil society;

>Original text>

- return of refugees;

>Text following EP vote>

- return of refugees;

>Original text>

- integration of reintegration of refugees, displaced persons and former soldiers into working life;

>Text following EP vote>

- integration of reintegration of refugees, displaced persons and former soldiers into working life;

>Original text>

- preparation of the production apparatus for economic recovery;

>Text following EP vote>

- preparation of the production apparatus for economic recovery;

>Original text>

- development of the private sector, notably small businesses, and promotion of investment;

>Text following EP vote>

- development of the private sector, notably small businesses, and promotion of investment;

>Original text>

- the strengthening of non-governmental organizations, cultural institutions and educational establishments.

>Text following EP vote>

- the strengthening of non-governmental organizations, cultural institutions and educational establishments;

>Text following EP vote>

- consolidation of democracy.

(Amendment 14)

Article 5

>Original text>

The measures to be financed shall be subject to a selection process based in particular on assessment of potential recipients' requests, with regard to their urgency, the actual aid take-up capacity and their impact on the return of refugees and displaced persons and on reconciliation between the parties through participation in common projects.

>Text following EP vote>

The measures to be financed shall be subject to a selection process based in particular on assessment of the extent to which the political conditions have been complied with and of potential recipients' requests, with regard to their urgency, the actual aid take-up capacity and their impact on the return of refugees and displaced persons and on reconciliation between the parties. Assistance shall, as far as possible, be granted on a decentralized basis.

>Text following EP vote>

To this end, the final recipients of Community assistance shall be closely involved in project preparation and implementation. The Commission shall ensure an appropriate level of representation locally for this purpose.

(Amendment 15)

Article 7

>Original text>

Financing decisions and agreements and contracts stemming therefrom shall among other things provide for monitoring and financial control by the Commission and audits by the Court of Auditors.

>Text following EP vote>

Financing decisions and agreements and contracts stemming therefrom shall among other things provide for monitoring and financial control by the Commission and audits by the Court of Auditors, where necessary on the spot.

(Amendment 16)

Article 8(1), second paragraph

>Original text>

Agreements and contracts for the implementation of the operations financed by the Community pursuant to this Regulation shall benefit in the recipient State from tax and customs arrangements which are not less favourable than those which that State applies to the most-favoured State or to the most-favoured international organization responsible for promoting economic development.

>Text following EP vote>

Agreements and contracts for the implementation of the operations financed by the Community pursuant to this Regulation shall be free of tax and customs duties.

(Amendment 17)

Article 9, first paragraph

>Original text>

Invitations to tender and contracts shall be open without discrimination to all natural and legal persons in the Member States and the recipient States. The following shall be considered to be legal persons of a Member State or recipient State: legal persons established in accordance with the legislation of a Member State or recipient State and having their central administration or principal establishment in the territories in which the Treaty establishing the European Community applies or in the recipient States, or which have their registered office there, where their activity has an actual and continuous link with the economy of the said territories or States.

>Text following EP vote>

Invitations to tender and contracts shall be open without discrimination to all natural and legal persons in the Member States, all countries listed in Annex 1 to Regulation (EEC) No 3906/89 for the purposes of implementation of the PHARE programme, and the recipient States. The following shall be considered to be legal persons of a Member State or eligible State: legal persons established in accordance with the legislation of a Member State or eligible State and having their central administration or principal establishment in the territories in which the Treaty establishing the European Community applies or in the eligible States, or which have their registered office there, where their activity has an actual and continuous link with the economy of the said territories or States.

(Amendment 18)

Article 10(2)

>Original text>

2. Decisions amending decisions adopted in accordance with the procedure provided for in Article 12 shall be adopted by the Commission without consulting the Committee where they do not comprise substantial changes to the nature of the original projects and operations or, as regards the financial element, where they do not exceed 20% of the total amount of the initial commitment and do not exceed ECU 4 million.

>Text following EP vote>

2. Decisions amending decisions adopted in accordance with the procedure provided for in Article 12 shall be adopted by the Commission without consulting the Committee where they do not comprise substantial changes to the nature of the original projects and operations or, as regards the financial element, where they do not exceed 20% of the total amount of the initial commitment and do not exceed ECU 4 million. The Committee shall be notified of all revised decisions.

(Amendment 19)

Article 12

>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'.

>Text following EP vote>

1. The Commission shall be assisted by a Committee composed of one representative per Member State 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. 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.

>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.

>Original text>

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

If the measures 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.

>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, on the expiry of a period of three months, the Council has not acted, the proposed measures shall be adopted by the Commission.

>Original text>

4. The Committee may examine any other question relating to the implementation of this Regulation which is put to it by its Chairman, including at the request of the representative of a Member State, and in particular any question relating to programming of projects, their general implementation and co-financing.

>Text following EP vote>

4. 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. The Committee shall meet as a rule in public unless a specific, duly substantiated decision is taken to the contrary and published in good time. It shall publish agendas two weeks in advance of its meetings. It shall publish minutes of its meetings. It shall establish a public register of declarations of interest by its members.

>Original text>

5. The Committee shall adopt its rules of procedure by a qualified majority.

(Amendment 20)

Article 13(1)

>Original text>

1. The Commission shall ensure correct implementation of projects and compliance with the contractual conditions governing implementation of ongoing projects and operations.

>Text following EP vote>

1. The Commission shall ensure correct implementation of projects and compliance with the contractual conditions governing implementation of ongoing projects and operations. To this end, the Commission shall ensure continuous quality control, monitoring and evaluation of ongoing projects so that it is able quickly to identify and remedy problems arising during project implementation.

(Amemdment 21)

Article 13(3)

>Original text>

3. The Commission shall regularly inform the European Parliament and the Council of the implementation of the aid, and in particular of the evaluation referred to in paragraph 2. It shall also submit a report on the subject to the European Parliament and to the Council, by 30 April of each year at the latest.

>Text following EP vote>

3. The Commission shall inform the European Parliament and the Council quarterly of the implementation of the aid, and in particular of the evaluation referred to in paragraph 2 and of the implementation of the conditions as referred to in Article 4. It shall also submit a report on the subject to the European Parliament and to the Council, by 30 April of each year at the latest.

(Amendment 22)

Annex (9)

>Original text>

9. In restricted tendering there shall be a minimum period of 60 calendar days between the final opinion delivered by the Committee and the launching of the tender. Nevertheless, in cases of urgency this period may be shortened by the Commission, provided that a detailed explanation is forwarded to the Committee.

>Text following EP vote>

9. In restricted tendering there shall be a minimum period of 60 calendar days between the final opinion delivered by the Committee and the launching of the tender. Nevertheless, in cases of urgency this period may be shortened by the Commission.

>Original text>

An invitation to a restricted tender shall allow for a time limit of 60 calendar days from the date of dispatch of the letter of invitation. In urgent cases this period may be reduced, but it may never be less than 40 calendar days. In exceptional cases this time limit may be extended by the Commission, provided that a detailed explanation is forwarded to the Committee. All changes of time limit must be duly notified to the firms, organizations and institutions concerned.

>Text following EP vote>

An invitation to a restricted tender shall allow for a time limit of 60 calendar days from the date of dispatch of the letter of invitation. In urgent cases this period may be reduced, but it may never be less than 40 calendar days. In exceptional cases this time limit may be extended by the Commission. All changes of time limit must be duly notified to the firms, organizations and institutions concerned.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation relating to aid for Bosnia and Herzegovina, Croatia, the Federal Republic of Yugoslavia and the former Yugoslav Republic of Macedonia (COM(96)0123 - 8256/96 - C4-0333/96 - 96/0096(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(96)0123 - 96/0096(CNS),

- having been consulted by the Council pursuant to Article 235 of the EC Treaty (C4-0333/96) on its modified text (8256/96),

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

- having regard to the report of the Committee on Foreign Affairs, Security and Defence Policy and the opinions of the Committee on Budgets, the Committee on External Economic Relations and the Committee on Budgetary Control (A4- 0247/96),

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

2. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;

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

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