A4-0153/99

Draft Council Regulation (EC) laying down the requirements for the implementation of Community operations, other than those of development cooperation, which, within the framework of Community cooperation policy, contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms in third countries (COM(97)0357 - 9582/98 - C4-0508/98 - 98/0813(CNS))

The draft was approved with the following amendments:

(Amendment 1)

Title

>Original text>

Draft Council Regulation (EC) laying down the requirements for the implementation of Community operations, other than those of development cooperation, which, within the framework of Community cooperation policy, contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms in third countries

>Text following EP vote>

Draft Council Regulation (EC) laying down the requirements for the implementation of Community operations, other than those of development cooperation, which, within the framework of Community cooperation policy, contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms

and of the proper management of public affairs in third countries

(Amendment 2)

Recital 1

>Original text>

Whereas procedures should be laid down for the implementation of community operations, other than those of development cooperation which, within the framework of community cooperation policy in third countries, contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms in third countries;

>Text following EP vote>

Whereas procedures should be laid down for the implementation of community operations, other than those of development cooperation which, within the framework of community cooperation policy in third countries, contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms

and of the proper management of public affairs in third countries;

(Amendment 3)

Recital 2

>Original text>

Whereas the Council has adopted simultaneously with this Regulation, Regulation No ..., laying down the requirements for the implementation of development cooperation operations which contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms;

>Text following EP vote>

Whereas the Council has adopted simultaneously with this Regulation, Regulation No ..., laying down the requirements for the implementation of development cooperation operations which contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms

and of the proper management of public affairs;

(Amendment 4)

Recital 3

>Original text>

Whereas, within the framework of existing programmes relating to cooperation with third countries, including TACIS, PHARE, MEDA and the Regulation on reconstruction in Bosnia and Herzegovina, as well as future such cooperation implemented on the basis of Article 235 TEC, action is necessary to contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms in third countries;

>Text following EP vote>

Whereas, within the framework of existing programmes relating to cooperation with third countries, including TACIS, PHARE, MEDA and the Regulation on reconstruction in Bosnia and Herzegovina, as well as future such cooperation implemented on the basis of Article 235 TEC, action is necessary to contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms

and of the proper management of public affairs in third countries;

(Amendment 5)

Recital 5

>Original text>

Whereas Community action to promote human rights and democratic principles is guided by belief in the universality and indivisibility of human rights, principles that underpin the international system for the protection of human rights;

>Text following EP vote>

Whereas Community action to promote human rights and democratic principles is guided by belief in the universality and indivisibility of human rights, principles that underpin the international system for the protection of human rights

and constitute the very foundations of European integration;

(Amendment 6)

Recital 18

>Original text>

Whereas the Community needs to be able to respond rapidly to emergencies or situations of particular importance in order to enhance the credibility and effectiveness of its commitment to the promotion human rights and democratic principles in countries where such situations arise;

>Text following EP vote>

Whereas the Community needs to be able to respond rapidly to emergencies or situations of particular importance in order to enhance the credibility

, visibility and effectiveness of its commitment to the promotion human rights and democratic principles in countries where such situations arise;

(Amendment 7)

Recital 19a (new)

>Original text>

>Text following EP vote>

Whereas the development of civil society should take shape in particular in the emergence and organisation of new players; whereas, to that end, the Community must be induced to provide financial support to partners in recipient third countries who cannot demonstrate any previous experience in the field,

(Amendment 8)

Recital 23

>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, is included in this Regulation for the entire duration of the programme, without thereby affecting the powers of the budgetary authority as they are defined by the Treaty;

>Text following EP vote>

Deleted

(Amendment 9)

Article 1

>Original text>

The purpose of this Regulation is to lay down the procedures for the implementation of Community operations, other than those of development cooperation which, within the framework of Community cooperation policy in third countries, contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms.

>Text following EP vote>

The purpose of this Regulation is to

determine the conditions, implementing procedures and forms of supervision for Community operations, other than those of development cooperation which, within the framework of Community cooperation policy in third countries, contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms and of the proper management of public affairs.

>Original text>

The operations referred to in this Regulation shall be implemented in the territory of third countries or all be directly related to situations arising in third countries.

>Text following EP vote>

The operations referred to in this Regulation shall be implemented in the territory of third countries or all be directly related to situations

affecting them.

(Amendment 10)

Article 2(1)(ca) (new)

>Original text>

>Text following EP vote>

(ca) support for refugees and displaced persons;

(Amendment 11)

Article 2(1)(e)

>Original text>

(e) supporting local, national, regional or international institutions, including NGOs, involved in the protection or defence of human rights;

>Text following EP vote>

(e)

supporting local, national, regional or international institutions, including NGOs, involved in the protection, promotion or defence of human rights;

(Amendment 12)

Article 2(1)(i)

>Original text>

(i) the promotion of equality of opportunity and non-discriminatory practices, including measures to combat racism and xenophobia;

>Text following EP vote>

(i)

the promotion of equality of opportunity and non-discriminatory practices, including measures to combat racism, xenophobia and sexism;

(Amendment 13)

Article 2(2)(a)

>Original text>

(a) promoting and strengthening the rule of law, in particular upholding the independence of the judiciary and strengthening it, and support for a humane prison system; support for constitutional and legislative reform;

>Text following EP vote>

(a)

promoting and strengthening the rule of law, in particular upholding the independence of the judiciary and strengthening it, and support for a humane prison system; support for constitutional and legislative reform; supporting moves to abolish the death penalty;

(Amendment 14)

Article 2(2)(c)

>Original text>

(c) promotion of pluralism both at political level and at the level of civil society by strengthening the institutions needed to maintain the pluralist nature of that society, including non-governmental organisations (NGOs), and by promoting independent and responsible media and supporting a free press and respect for the rights of freedom of association and assembly;

>Text following EP vote>

(c)

promotion of pluralism both at political level and at the level of civil society by strengthening the institutions needed to maintain the pluralist nature of that society, including non-governmental organisations (NGOs), and by promoting independent, pluralist and responsible media and supporting a free press and respect for the rights of freedom of association and assembly;

(Amendment 15)

Article 2(3)(e)

>Original text>

(e) supporting international, regional or local organisations, including the NGOs, involved in preventing, resolving and dealing with the consequences of conflict, including support for establishing ad hoc international criminal tribunals and setting up a permanent international criminal court, together with measures to rehabilitate and re-integrate the victims of human rights violations.

>Text following EP vote>

(e)

supporting international, regional or local organisations, including the NGOs, involved in preventing, resolving and dealing with the consequences of conflict, including support for establishing ad hoc international criminal tribunals and setting up a permanent international criminal court, together with measures to support and assist the victims of human rights violations.

(Amendment 16)

Article 3, introduction

>Original text>

Community support for these aims may include the financing of:

>Text following EP vote>

Community support for these aims may include

, within the limits laid down each year by the budgetary authority, the financing of:

(Amendment 17)

Article 3(4)

>Original text>

4. measures to monitor, audit and evaluate Community operations.

>Text following EP vote>

4.

measures to monitor, audit and evaluate Community operations and to explain the aims and outcome of these measures to public opinion in the countries concerned and administrative and technical assistance to the mutual benefit of the Commission and the beneficiary.

(Amendment 18)

Article 4(1)

>Original text>

1. The partners eligible for financing under this Regulation are regional and international organisations, non-governmental organisations, national, regional and local authorities and official agencies, community-based organisations and public or private-sector institutes and operators.

>Text following EP vote>

1.

The partners eligible for financing under this Regulation are regional and international organisations, non-governmental organisations, national, regional and local authorities and official agencies, community-based organisations and public or private-sector institutes and operators. Whatever their ideological allegiance and whatever their links to political, social or other organisations, the partners shall under all circumstances undertake to disseminate, respect and promote, through their actions, democratic principles and human rights, without any kind of discrimination. With a view to actively involving those concerned, the Community shall take a particular interest in those - frequently small scale - activities which encourage grassroots democracy.

(Amendment 19)

Article 4(1a) (new)

>Original text>

>Text following EP vote>

1a. When the operations take the form of cooperation agreements between the Community and the beneficiary countries, these agreements shall lay down the conditions for the sustainability of the operations which are necessary to ensure their impact on progress in democracy and human rights and their continued effectiveness.

(Amendment 38)

Article 4(1b) (new)

>Original text>

>Text following EP vote>

1b. The Commission shall draw up an annual programme, ensuring that the operations to be funded match the priorities laid down in the plan after consulting the interinstitutional working party on human rights, without exceeding the budget appropriations available.

(Amendment 21)

Article 4(2)

>Original text>

2. Operations financed by the Community under this Regulation shall be implemented by the Commission either at the request of a partner referred to in paragraph 1 or on its own-initiative.

>Text following EP vote>

Article 4a

Operations financed by the Community under this Regulation shall be implemented by the Commission in accordance with the provisions of Article 4(1), either at the request of a partner referred to in that Article or on its own-initiative.

(Amendment 22)

Article 5

>Original text>

To be eligible for Community aid, the partners referred to in Article 4(1) must have their main headquarters in a Member State of the Community or in a third country eligible for Community aid under this Regulation. Such headquarters must be the effective decision-making centre for all operations financed under this Regulation. Exceptionally, the headquarters may be in another third country.

>Text following EP vote>

To be eligible for Community aid, the partners referred to in Article 4(1) must have their main headquarters in a third country eligible for Community aid under this Regulation

or a Member State of the Community. Such headquarters must be the effective decision-making centre for all operations financed under this Regulation. Exceptionally, the headquarters may be in another third country.

(Amendment 23)

Article 6, introduction and (a) and (b)

>Original text>

Without prejudice to the institutional and political environment in which the partners referred to in Article 4(1) operate, the following factors shall in particular be considered when determining a body's suitability for Community funding:

>Text following EP vote>

Without prejudice to the institutional and political environment in which the partners referred to in Article 4(1) operate, the following factors shall in particular be considered

in addition to the provisions of Article 4 when determining a body's suitability for Community funding:

>Original text>

(a) its commitment to defending, respecting and promoting human rights and democratic principles in a non-discriminatory manner;

>Text following EP vote>

Deleted

>Original text>

(b) its experience in the field of promoting human rights and democratic principles;

>Text following EP vote>

(b) where appropriate, its experience in the field of promoting human rights and democratic principles;

(Amendment 24)

Article 8(1)

>Original text>

1. Participation in invitations to tender and the award of contracts shall be open on equal terms to natural or legal persons from the Member States and the host country. It may be extended to other countries in exceptional and duly justified cases.

>Text following EP vote>

1.

Participation in invitations to tender and the award of contracts shall be open on equal terms to natural or legal persons from the host country and the Member States. It may be extended to other countries in exceptional and duly justified cases.

(Amendment 25)

Article 8(1a) (new)

>Original text>

>Text following EP vote>

1a. The tendering procedure shall be modified to ensure equal opportunities for small-scale operators (small NGOs, local public administrations and agencies, etc.).

(Amendment 26)

Article 8(2)

>Original text>

2. Supplies shall originate in the Member States or the host country. They may originate in other countries in exceptional and duly justified cases.

>Text following EP vote>

2.

Supplies shall be obtained taking into account value for money and should preferably originate in the host country.

(Amendment 27)

Article 9

>Original text>

In the interests of consistency and complementarity and in order to maximise the overall effectiveness of operations, the Commission, in close cooperation with the Member States, may take any coordination measures necessary, and in particular:

>Text following EP vote>

1. In the interests of consistency and complementarity and in order to maximise the overall effectiveness of operations, the Commission, in close cooperation with the Member States, may take any coordination measures necessary.

>Original text>

>Text following EP vote>

2. In any case, for the purposes of the provisions of the previous paragraph, the Commission shall endeavour to:

>Original text>

(a) introduce a system for the exchange and systematic analysis of information on operations financed or considered for financing by the Community and the Member States;

>Text following EP vote>

(a)

introduce a system for the exchange and systematic analysis of information on the planning of operations to be carried out, the approval of each operation being considered for financing by the Community and the Member States, and the progress of the operations already approved;

>Original text>

(b) coordinate the implementation of operations on the spot by means of regular meetings for the exchange of information between the representatives of the Commission and the Member States in the recipient country;

>Text following EP vote>

(b)

coordinate the implementation of operations on the spot by means of regular meetings for the exchange of information on the above matters between the representatives of the Commission, the European Parliament and the Council in the recipient country;

>Original text>

(c) promote a coherent approach in relation to humanitarian assistance and, whenever possible, integrate the protection of human rights within humanitarian assistance.

>Text following EP vote>

3. In close cooperation with the Member States, the Commission shall also strive to promote a coherent approach in relation to humanitarian assistance and, whenever possible, integrate the protection of human rights within humanitarian assistance.

(Amendment 28)

Article 9a, first subparagraph

>Original text>

The financial reference amount for the implementation of this Regulation during the period 1999 to 2004 shall be ECU 150 million.

>Text following EP vote>

Deleted

(Amendment 29)

Article 10

>Original text>

The Commission shall appraise, decide upon and administer, monitor and evaluate operations under this Regulation in accordance with the budgetary and other procedures in force, and in particular those laid down in the Financial Regulation applicable to the general budget of the European Communities. It shall lay down the conditions for allocating, mobilising and implementing aid under this Regulation.

>Text following EP vote>

1. The Commission shall plan, appraise, decide upon and administer, monitor and evaluate operations under this Regulation in accordance with the provisions thereof and with the budgetary and other procedures in force, and in particular those laid down in the Financial Regulation applicable to the general budget of the European Communities.

>Original text>

>Text following EP vote>

2. The Commission shall lay down the conditions for allocating, mobilising and implementing aid under this Regulation, as well as the conditions for the sustainability of these operations and the conditions required in order to give a higher profile to their impact on democracy and human rights.

(Amendment 30)

Article 11(1), 2nd indent

>Original text>

- programmes intended to provide a coherent framework for action in a given country or region or in a specific field where the scale and complexity of the needs identified are such that they seem likely to continue.

>Text following EP vote>

- the programme provided for in Article 4(1b) of this Regulation, and all programmes intended to provide a coherent framework for action in a given country or region or in a specific field where the scale and complexity of the needs identified are such that they seem likely to continue.

>Original text>

>Text following EP vote>

- decisions on operations to be carried out for exceptional and urgent reasons, in addition to the programming provided for in Article 4(1b).

(Amendment 31)

Article 12

>Original text>

1. The Commission shall be assisted by the Committee, hereinafter referred to as the Human Rights and Democracy Committee, set up by Article 12 of the Regulation laying down the requirements for the implementation of development cooperation operations which contribute to the general respecting human rights and fundamental freedoms and of the proper management of public affairs.

>Text following EP vote>

1.

The Commission shall be assisted by the advisory Committee, hereinafter referred to as the Human Rights and Democracy Committee, set up by Article 12 of the Regulation laying down the requirements for the implementation of development cooperation operations which contribute to the general respecting human rights and fundamental freedoms and of the proper management of public affairs.

>Original text>

2. Where reference is made to this Article 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 proposal containing 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, taking a vote if necessary. The opinion shall be entered in the minutes; in addition, each Member State shall have the right to ask for its position be entered in the minutes..

>Original text>

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

>Text following EP vote>

The Commission shall

take due account of the opinion delivered by the Committee. It shall inform it of the manner in which its opinion was taken into consideration.

>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.

>Text following EP vote>

As a general rule, the meetings of the committee shall be public, unless a specific and duly reasoned decision to the contrary is taken and published in good time. Agendas shall be published two weeks in advance. The minutes of the Committee's meetings shall be published and a public register established of declarations of interest by its members.

>Original text>

If, on the expiry of a period of 3 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>

Deleted

>Original text>

>Text following EP vote>

2a. These provisions shall be adopted in accordance with the position of the European Parliament on a new act laying down the principles for European Union committees chaired by the Commission and the implementing powers of the Commission.

>Original text>

>Text following EP vote>

In accordance with the agreement on commitology concluded between the European Parliament and the Commission and referred to in the European Parliament resolution of 24 October 1996 on the draft general budget of the European Union for the financial year 1997 - Section III - Commission(1), the Commission shall keep the European Parliament fully informed of the committee's work.

____________

(1) OJ C 347, 18.11.1996, p. 125.

(Amendment 39)

Article 12a (new)

>Original text>

>Text following EP vote>

Article 12a

>Original text>

>Text following EP vote>

1. The advisory interinstitutional working party on democracy and protection of human rights set up under the 1998 and 1999 budgets, shall be consulted on:

>Original text>

>Text following EP vote>

- the annual programme and, where applicable, multi-annual programmes;

>Original text>

>Text following EP vote>

- decisions to be taken by the Commission pursuant to Article 11(1);

>Original text>

>Text following EP vote>

- the emergency measures referred to in Article 13(1) and (2).

>Original text>

>Text following EP vote>

2. The working party shall be informed of the outcome of the operations referred to in Article 3, in particular tender procedures, feasibility and evaluation studies, technical assistance operations, and measures seeking to highlight the Community nature of the operations, and of the emergency measures financed under Article 13.

>Original text>

>Text following EP vote>

3. The working party shall likewise be notified of the decisions that the Commission intends to take pursuant to Article 11(2).

(Amendment 32)

Article 13(3a) (new)

>Original text>

>Text following EP vote>

3a. The Commission shall also inform the European Parliament of these emergency measures.

(Amendment 33)

Article 14

>Original text>

The Committee may examine any general or specific issues concerning Community aid in the field and should also play a useful role as a means for improving the coherence of the human rights and democratisation actions of the European Union towards third countries. Once a year it will discuss general guidelines presented by the representative of the Commission for operations under this Regulation to be undertaken in the year ahead.

>Text following EP vote>

The Committee may examine any general or specific issues concerning Community aid in the field and should also play a useful role as a means for improving the coherence of the human rights and democratisation actions of the European Union towards third countries. Once a year it will

examine the planning for the following financial year or discuss general guidelines for operations to be undertaken in the year ahead, in the framework of the multiannual plan to be adopted first pursuant to this Regulation.

(Amendment 37)

Article 15(2a) (new)

>Original text>

>Text following EP vote>

2a. The Commission shall take steps with a view to drawing up a code of conduct for the partners involved in the operations governed by this Regulation in order to improve compliance with the objectives thereof and strengthen the principles of effectiveness and efficiency in the implementation of the above operations.

(Amendment 35)

Article 17(2)

>Original text>

2. At the close of each financial year, the Commission shall submit an annual report to the European Parliament and to the Council with a summary of the operations financed in the course of that year.

>Text following EP vote>

2.

The Commission shall submit an annual report to the European Parliament and to the Council. This report shall contain at least the following information:

>Original text>

The summary shall contain information concerning the agencies with which the operations referred to in Article 1 have been implemented.

>Text following EP vote>

(a) a detailed summary of the operations financed during the previous financial year;

>Original text>

The report shall also include a review of any external evaluation exercises which may have been conducted and may, if appropriate, propose specific operations.

>Text following EP vote>

(b) the planning for the current financial year and a statement of the progress made with regard to the operations included therein;

>Original text>

>Text following EP vote>

(c) the forecasts for the programme and operations to be undertaken during the following financial year;

>Original text>

>Text following EP vote>

(d) a summary of the evaluation exercises conducted in accordance with the provisions of Article 15;

>Original text>

>Text following EP vote>

(e) information concerning the bodies in conjunction with which the operations referred to in Article 1 have been implemented.

>Original text>

>Text following EP vote>

2a. The annual report shall be submitted to the European Parliament during the first quarter, so that the European Parliament can examine and assess it in good time before it considers and adopts the Community budget.

>Original text>

>Text following EP vote>

2b. The Commission report referred to in this Article shall be the subject of an annual debate in the European Parliament on the development of European cooperation in the field of human rights, progress towards the rule of law and the proper management of public affairs.

(Amendment 36)

Article 19, 2nd paragraph

>Original text>

It shall apply until 31 December 2004.

>Text following EP vote>

Deleted

Legislative resolution embodying Parliament's opinion on the draft Council Regulation (EC) laying down the requirements for the implementation of Community operations, other than those of development cooperation, which, within the framework of Community cooperation policy, contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms in third countries (COM(97)0357 - 9528/98 - C4-0508/98 - 98/0813(CNS))(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council, (COM(97)0357 - 98/0813(CNS) ((OJ C 282, 18.9.1997, p. 14.)) and the Council draft (9528/98 - 98/0813(CNS)),

- having been consulted by the Council pursuant to Article 235 of the EC Treaty (C4-0508/98),

- 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 Development and Cooperation and the Committee on External Economic Relations (A4-0153/99),

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

2. Should the Council intend to depart from the text approved by Parliament, calls on the Council to notify Parliament and for the conciliation procedure to be initiated;

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