A4-0340/96

Decision on the common position adopted by the Council with a view to the adoption of a Council Regulation on environmental measures in developing countries in the context of sustainable development (C4-0373/96 - 95/0161(SYN))

(Cooperation procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0373/96 - 95/0161(SYN) ((OJ C 264, 11.9.1996, p. 28.)),

- having regard to its opinion at first reading ((OJ C 152, 27.5.1996, p. 48.)) on the Commission proposal to the Council (COM(95)0294) ((OJ C 20, 24.1.1996, p. 4.)),

- having been consulted by the Council pursuant to Article 189c of the EC Treaty,

- having regard to Rule 67 of its Rules of Procedure,

- having regard to the recommendation for second reading of the Committee on Development and Cooperation (A4-0340/96),

1. Amends the common position as follows;

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

(Amendment 1)

Recital 11

>Original text>

(11) Whereas the financial instruments available to the Community for conservation and sustainable development could be usefully supplemented;

>Text following EP vote>

(11) Whereas the special financial instruments available to the Community for conservation and sustainable development should be supplemented by an instrument intended to favour environmental protection exclusively in the developing countries;

(Amendment 2)

Recital 11a (new)

>Text following EP vote>

(11a) Whereas the budget line (B7-5040) to finance projects under this Regulation is always heavily over-subscribed with requests for worthwhile and much needed actions in developing countries;

(Amendment 3)

Recital 11b (new)

>Text following EP vote>

(11b) Whereas the funds to be attributed to this budget line are to increase to ECU 50 million by the year 2000;

(Amendment 4)

Recital 11c (new)

>Text following EP vote>

(11c) Whereas, in view of the scale of environmental problems, the coordination of all EU financial instruments is necessary with a view to achieving sustainability;

(Amendment 5)

Recital 14

>Original text>

(14) 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 regulatory authority as they are defined by the Treaty,

>Text following EP vote>

Deleted

(Amendment 6)

Article 1(1)

>Original text>

1. The Community shall provide financial assistance and technical expertise for activities aimed at facilitating the integration of an environmental dimension into the sustainable development process in the developing countries.

>Text following EP vote>

1. The Community shall provide financial assistance and technical expertise in developing countries for activities intended to help people in those countries to integrate environmental protection and notions of sustainable development into their everyday life.

(Amendment 7)

Article 1(2a) (new)

>Text following EP vote>

2a. For the purposes of this Regulation:

>Text following EP vote>

(a) 'developing countries' means countries covered by the ACP, ALA and MED agreements;

>Text following EP vote>

(b) 'sustainable development' means improving the quality of human lives within the limits of the underlying ecosystem's capacity to sustain such development.

(Amendment 8)

Article 2(1), third indent

>Original text>

- preserving biological diversity

= by the promotion and the development of methods designed to ensure sustainable and equitable use of biodiversity resources;

= through the conservation of the ecosystems and habitats necessary for maintaining species diversity and for the survival of endangered species;

>Text following EP vote>

- pilot initiatives at local, regional and national level which combine information campaigns in the field of environmental protection and conservation of resources with an ensuing improvement in the ability of the people concerned to cope with the practicalities of everyday life,

>Original text>

= by identifying and assessing biodiversity resources;

(Amendment 9)

Article 2(1), fourth indent

>Original text>

- preserving areas of high environmental pressure and/or transregional ecosystems such as marine ecosystems and coastal areas, watersheds, river/lake basins, underground water and supporting initiatives for their sustainable management;

>Text following EP vote>

- promoting local initiatives aimed at preserving areas of high environmental pressure and/or transregional ecosystems such as marine ecosystems and coastal areas, watersheds, river/lake basins, underground water by avoiding pollution and reducing sources of pollution and supporting initiatives for sustainable management by means of innovative and low-cost measures;

(Amendment 10)

Article 2(1), fifth indent

>Original text>

- improving practices for soil conservation and management in agriculture, livestock farming, forestry and the fight against desertification;

>Text following EP vote>

- promoting local initiatives aimed at improving practices for soil conservation and grazing management and pastoral farming in the areas of forest protection, improvement of livestock farming methods, optimization of rearing techniques for wild animals, arable farming, tourism and the fight against desertification;

(Amendment 11)

Article 2(1), sixth indent

>Original text>

- improving the environment, especially the urban environment, through management plans for waste, waste water and air pollution in the context of regional planning which takes into account the conservation of the ecosystems concerned;

>Text following EP vote>

- improving the environment and regional planning through town and traffic planning and by supporting local regional planners and town administrators in realising technologically appropriate plans and pilot projects for transport, waste, waste water, drinking water supplies and air pollution;

(Amendment 12)

Article 2(1), seventh indent

>Original text>

- applying and transferring technologies adapted to local environmental constraints and needs;

>Text following EP vote>

- promoting local initiatives aimed at applying and transferring technologies adapted to environmental constraints, particularly in the field of energy, especially renewable sources of energy, having regard to long-term environmental effects and suitability for the traditional life of the region concerned;

(Amendment 13)

Article 2(1), seventh indent a (new)

>Text following EP vote>

- measures aimed at avoiding pollution which contributes to climatic change, for instance the replacement of energy sources which are particularly harmful to the climate with those which are less harmful;

(Amendment 14)

Article 2(1), eighth indent

>Original text>

- facilitating the adaptation of production processes in developing countries, inter alia through market-based incentives, and making economic operators aware of the environmental constraints that may have an impact on trade (for example, standards, labels, certification).

>Text following EP vote>

- facilitating the adaptation of production processes in developing countries and making economic operators and social players aware of the environmental constraints that may have an impact on trade with developing countries (for example standards, labels, certification); promoting local initiatives to encourage compliance with specific environmental standards (e.g. labels, certification);

(Amendment 15)

Article 2(1), eighth indent a (new)

>Text following EP vote>

- providing information on and making local people aware of the concept of sustainable development, in particular as regards problems associated with population growth, public health policies, non-viable production methods, use of hazardous chemical products and the dispersal of toxic waste in the environment;

(Amendment 16)

Article 2(1), eighth indent b (new)

>Text following EP vote>

- promoting information campaigns on hazardous substances such as toxic waste and pesticides;

(Amendment 17)

Article 2(1), eighth indent c (new)

>Text following EP vote>

- promoting initiatives for the protection of ecosystems and habitats and for the conservation of species diversity.

(Amendment 18)

Article 2(2), first indent

>Original text>

- pilot schemes in the field likely to contribute to sustainable development, environmental protection and long-term management of natural resources;

>Text following EP vote>

- pilot schemes in the field, including information exchange, likely to contribute to sustainable development, creation of environmental awareness, education, environmental protection and long-term management of natural resources;

(Amendment 19)

Article 2(2), second indent

>Original text>

- establishment of guidelines and instruments aimed at promoting sustainable development and environmental integration, particularly in the form of plans and integrated management programmes and economic instruments;

>Text following EP vote>

- establishment of guidelines and operational instruments aimed at promoting sustainable development and environmental integration, particularly in the form of databases, plans and integrated management programmes and economic instruments; these measures must not exceed 10% of annual appropriations;

(Amendment 20)

Article 2(2), third indent

>Original text>

- environmental impact studies on sustainable development projects, programmes, strategies and policies, and assessment of their repercussions on social and economic development;

>Text following EP vote>

Deleted

(Amendment 21)

Article 2(2), fourth indent a (new)

>Text following EP vote>

- development cooperation projects which contain an environmental component which distinguishes, identifies and assesses the sustainable dimension in these projects;

(Amendment 22)

Article 2(2), fourth indent b (new)

>Text following EP vote>

- the establishment of national green accounting systems.

(Amendment 23)

Article 2(3), first indent

>Original text>

- schemes to build up the institutions of developing countries at national, regional and local level, with the support also of non-governmental organizations (NGOs);

>Text following EP vote>

- schemes to build up the institutional and operational capacities of developing countries at national, regional and local level, with the support also of non-governmental organizations (NGOs);

(Amendment 24)

Article 2(3), second indent

>Original text>

- providing information, raising awareness and involving people in identifying, planning and implementing projects, taking into account in particular, the role and specific situation of women.

>Text following EP vote>

- the provision of information in advance to the local people, followed by their involvement in and support for identifying, planning and implementing projects; the special role and situation of women will be taken into account.

(Amendment 25)

Article 2(3), second indent a (new)

>Text following EP vote>

- measures relating to climate protection objectives, such as promotion of renewable energy sources, increased energy efficiency and energy saving;

(Amendment 26)

Article 2(3), second indent b (new)

>Text following EP vote>

- regional projects or projects which help to strengthen regional cooperation in the area of sustainable development;

(Amendment 28)

Article 2(3a) (new)

>Text following EP vote>

3a. No support shall be given to projects containing measures to cushion the effects on the environment of EU or Member State projects funded from other programmes (including environmental impact assessments and evaluations).

(Amendment 29)

Article 2(3b) (new)

>Text following EP vote>

3b. Pilot schemes in the field carried out under this Regulation shall be the subject of prior reports on their environmental, social, economic and cultural impact, indicating the specific aims and the qualitative and quantitative objectives. If necessary, the local people shall be involved in the assessment of these schemes.

>Text following EP vote>

Where these schemes have an impact on the traditional territories and ways of living of indigenous peoples their informed consent shall be essential.

(Amendment 30)

Article 3

>Original text>

Aid recipients and cooperation partners shall include not only States and regions but also decentralized departments, regional bodies, public agencies, traditional and local communities, private operators and industries, including cooperatives and NGOs and associations representing local people.

>Text following EP vote>

Aid recipients and cooperation partners shall include decentralized departments, regional bodies, public agencies, traditional and local communities, private operators and industries, cooperatives and non-governmental organizations and associations representing local people, regions and states. These will be notified to the budgetary authority.

(Amendment 31)

Article 4(1)

>Original text>

1. The instruments to be employed in the course of the activities referred to in Article 2 shall include studies, technical assistance, training or other services, supplies and works, as well as audits and evaluation and monitoring missions. Priority shall be given to enhancing national capacities, particularly through training with a view to long-term viability.

(This underlined sentence only occurs in the English version of the common position.)

>Text following EP vote>

1. The instruments to be employed in the course of the activities referred to in Article 2 shall include, in addition to financial benefits, studies, technical assistance, education, training and further training or other services, supplies and works, as well as audits and evaluation and monitoring missions.

(Amendment 32)

Article 4(2)

>Original text>

2. Community financing may cover both investment, with the exception of the purchase of buildings, and, since the project must, if possible, aim at medium- term viability, recurring expenditure (including administrative, maintenance and operating expenditure).

>Text following EP vote>

2. Community financing may cover both investment, with the exception of the purchase of buildings, and, since the project must, if possible, aim at medium- term viability, and operating costs in foreign or local currency.

>Original text>

(The common position contains a second subparagraph which is missing in the English version.)

>Text following EP vote>

However, with the exception of training and education programmes, operating costs may normally be covered only during the start-up phase and on a degressive basis. For projects aiming at the preservation of biological diversity or the conservation of ecosystems, the purchase of real estate shall be allowed.

(Amendment 33)

Article 4(6)(b)

>Original text>

(b) on-the-spot coordination of these operations by means of regular meetings and exchange of information between the representatives of the Commission and Member States in the beneficiary country.

>Text following EP vote>

(b) on-the-spot coordination of these operations by means of regular meetings and exchange of information between the representatives of the Commission and Member States, the recipient countries and the local partners (NGOs, base communities, associations).

(Amendment 34)

Article 6

>Original text>

The financial reference amount for the implementation of this programme for the period 1997 to 1999 shall be ECU 45 million.

>Text following EP vote>

Deleted

>Original text>

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

(Amendment 35)

Article 7(1) and (2)

>Original text>

1. The Commission shall be responsible for appraising, deciding and administering operations covered by this Regulation according to the budgetary and other procedures in force, and in particular those laid down in the Financial Regulation applicable to the general budget of the Communities.

>Text following EP vote>

1. Pursuant to Article 205 of the Treaty, the Commission shall be responsible for appraising, deciding and administering operations covered by this Regulation according to the budgetary and other procedures in force, and in particular those laid down in the Financial Regulation applicable to the general budget of the Communities.

>Original text>

2. Decisions relating to grants of more than ECU 2 million for individual operations financed under this Regulation shall be adopted under the procedure laid down in Article 7.

The Commission shall inform the Committee referred to in Article 7 succinctly of any financing decisions it intends to take with regard to projects and programmes of less than ECU 2 million in value. The information shall be made available not later than one week before the decision is taken.

>Text following EP vote>

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.

(Amendment 36)

Article 7(6)

>Original text>

6. 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 recipient country. It may be extended to other developing countries.

>Text following EP vote>

6. 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, the recipient countries and other developing countries.

(Amendment 37)

Article 7(7)

>Original text>

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

>Text following EP vote>

7. Supplies should originate in the Member States, the recipient country or other developing countries in particular other countries in the region. Exceptions may be made by arrangement with the responsible department, particularly in cases where the participants would otherwise incur higher costs or a disproportionate burden.

(Amendment 38)

Article 7(7a) (new)

>Text following EP vote>

7a. The horizontal nature of the projects under this Regulation requires the establishment of an environmental monitoring unit which will be responsible for the coordination, linking and integration of the various aspects of development cooperation projects in order to maximize investigation and follow-up.

(Amendment 39)

Article 7(7b) (new)

>Text following EP vote>

7b. For the sake of justice and active solidarity, which seeks to reduce the north-south gap in development, special attention shall be paid to reducing inverse capital flows, especially in the services sector, by improving the institutional and operational capacities of the developing countries.

(Amendment 40)

Article 8

>Original text>

1. The representative of the Commission shall be assisted by the geographically- determined Committee competent for development.

>Text following EP vote>

1. The Commission shall be assisted by a committee of an advisory nature made up of representatives of the Member States and chaired by a representative of the Commission, depending on the recipient country or region, as follows:

>Text following EP vote>

(a) for the ACP countries, the EDF Committee set up by Article 21 of Internal Agreement 91/401/EEC on the financing and administration of Community aid under the Fourth ACP-EEC Convention, adopted on 16 July 1990 by the representatives of the governments of the Member States meeting within the Council1;

>Text following EP vote>

(b) for the Mediterranean countries, the MED Committee set up by Article 6 of Council Regulation (EEC) No 1762/92 on the implementation of the Protocols on financial and technical cooperation concluded by the Community with Mediterranean non-Member countries2;

>Text following EP vote>

(c) for the Asian and Latin American countries, the ALA Committee set up by Article 15 of Council Regulation (EEC) No 443/92 on financial and technical assistance to, and economic cooperation with, the developing countries in Asia and Latin America3.

>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>

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

>Text following EP vote>

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

>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>

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>

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>

2a. The committee shall take account of the advice of relevant scientific, environmental and technical organizations.

>Text following EP vote>

2b. The committee shall have the task of integrating the lessons from pilot projects funded under this Regulation into mainstream development funding.

>Text following EP vote>

2c. The committee shall meet as a rule in public, unless a specific duly motivated decision is taken to the contrary and published in good time. It shall publish agendas two weeks before its meetings. It shall publish minutes of its meetings. It shall establish a public register of declarations of interest by its members.

>Text following EP vote>

_____________

1 OJ L 229, 17.8.1991, p. 288.

2 OJ L 181, 1.7.1992, p. 1.

3 OJ L 52, 27.2.1992, p. 1.

(Amendment 41)

Article 10(1) and (2)

>Original text>

1. After each budget year, the Commission shall submit an annual report to the European 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>

By 1 September of each budget year, the Commission shall submit an annual report to the European Parliament and the Council giving a list of the partners of co- funded operations and the percentage of co-funding, a summary of the operations financed in the course of that year and an evaluation, complete with figures, of the implementation of this Regulation over that period.

>Original text>

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

>Text following EP vote>

This report shall contain information concerning the qualitative and quantitative aspects of the projects funded, the results obtained from the projects (or from earlier projects), those with whom contracts have been concluded and an overview of all the projects submitted and the reasons for the selection made.

>Original text>

2. The Commission shall regularly assess operations financed by the Community with a view to establishing whether the objectives aimed at by those operations have been achieved and to providing guidelines for improving the effectiveness of future operations. The Commission shall submit to the Committee referred to in Article 8 a summary of the assessments made which, if appropriate, may be examined by the Committee. The assessment reports shall be available to any Member States requesting them.

>Text following EP vote>

The report shall also include a quantified summary of any independent evaluations conducted of specific operations.

(Amendment 42)

Article 10a (new)

>Text following EP vote>

Article 10a

The guidelines to and criteria for project selection shall be published in the Official Journal and distributed among interested parties by the Commission offices in the countries eligible to submit applications.

(Amendment 43)

Article 10b (new)

>Text following EP vote>

Article 10b

This Regulation shall be implemented on a coherent basis, taking into account the general principles outlined in Regulation (EEC) 443/92 on financial and technical assistance to, and economic cooperation with, the developing countries in Asia and Latin America, the ACP-EEC Convention and the current agreements with the southern Mediterranean countries, while also respecting the criteria common to all stages of projects from identification to assessment; these criteria shall be geared towards an exchange of information, harmonization of working methods and mutual cooperation at all stages of the project.

(Amendment 44)

Article 11, second paragraph

>Original text>

It shall be applicable until 31 December 1999.

>Text following EP vote>

Deleted