A4-0254/95

Proposal for a Council Regulation concerning the provision of assistance to economic reform and recovery in the New Independent States and Mongolia (COM(95)0012 - C4-0242/95 - 95/0056(CNS))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 3

>Original text>

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

>Text following EP vote>

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

(Amendment 2)

Recital 7a (new)

>Text following EP vote>

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

(Amendment 3)

Recital 9

>Original text>

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

>Text following EP vote>

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

(Amendment 4)

Recital 9a (new)

>Text following EP vote>

Whereas, in view of the serious health and environmental problems in the area, specific projects for environmental and public health protection are needed;

(Amendment 5)

Recital 11a (new)

>Text following EP vote>

Whereas cross-border cooperation, such as exists in the Interreg-Phare programme, should be made possible;

(Amendment 6)

Recital 12

>Original text>

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

>Text following EP vote>

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

(Amendment 7)

Article 1(1)

>Original text>

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

>Text following EP vote>

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

(Amendment 8)

Article 2(1), first subparagraph

>Original text>

1. The programme referred to in Article 1 shall mainly take the form of technical assistance in support of the economic reform in progress in the partner States for measures aimed at bringing about the transition to a market economy and reinforcing democracy, inter alia through the encouragement of the dialogue between the social partners. It shall also, case by case and in accordance with the procedure set out in Article 6(2) and (3), cover reasonable costs of supplies required in support of the implementation of the technical assistance. In particular cases, such as nuclear safety programmes, a significant supply element may be included.

>Text following EP vote>

1. The programme referred to in Article 1 shall mainly take the form of technical assistance in support of the economic reform in progress in the partner States for measures aimed at bringing about the transition to a market economy and reinforcing democracy, inter alia through support for the development of new structures for the provision of culture, education, health and social welfare programmes and trough the encouragement of the dialogue between the social partners. It shall also, case by case and in accordance with the procedure set out in Article 6(2) and (3), cover reasonable costs of supplies required in support of the implementation of the technical assistance. In particular cases, such as nuclear safety, environmental protection and public health programmes, a significant supply element may be included.

(Amendment 9)

Article 2(2)

>Original text>

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

>Text following EP vote>

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

(Amendment 10)

Article 2(3a) (new)

>Text following EP vote>

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

(Amendment 11)

Article 2(4a) (new)

>Text following EP vote>

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

>Text following EP vote>

An independent cost/efficiency audit shall also be operated for selected projects. Expenditure for this purpose may not exceed 3% of total contracts awarded each year.

(Amendment 12)

Article 2(5)

>Original text>

5. The assistance shall be concentrated in particular in the indicative areas referred to in Annex II taking into account the evolving needs of the beneficiaries. In addition, environmental aspects shall be integrated into the preparation and implementation of the programme. This shall further be done, inter alia, by assisting partner countries to strengthen environmental institutions, legislation and training. Particular emphasis shall be laid on nuclear safety issues.

>Text following EP vote>

5. The assistance shall be concentrated in particular in the indicative areas referred to in Annex II taking into account the evolving needs of the beneficiaries. In addition, environmental aspects shall be integrated into the preparation and implementation of the programme. This shall further be done, inter alia, by assisting partner countries to strengthen environmental institutions, legislation and training. Particular emphasis shall be laid on nuclear safety issues. In addition, financial support may be given to environmental impact assessment procedures or eco-audits.

(Amendment 13)

Article 2(8), 1st subparagraph

>Original text>

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

>Text following EP vote>

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

(Amendment 14)

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

>Text following EP vote>

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

(Amendment 15)

Article 2(8), 2nd subparagraph

>Original text>

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

>Text following EP vote>

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

(Amendment 16)

Article 2(9)

>Original text>

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

>Text following EP vote>

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

(Amendment 17)

Article 2(10)

>Original text>

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

>Text following EP vote>

10. When an essential element for the continuation of cooperation through assistance is missing, either for the programme as a whole or in a particular thereof, in particular in cases of violation of democratic principles, human rights and minority rights or severe misuse of funds, the Council may, acting by a qualified majority on a proposal from the Commission, and after consulting the European Parliament, decide upon appropriate measures concerning the assistance to a partner State.

(Amendment 18)

Article 3(1a) (new)

>Text following EP vote>

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

(Amendment 19)

Article 3(2)

>Original text>

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

>Text following EP vote>

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

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

(Amendment 37)

Article 4(1)

>Original text>

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

>Text following EP vote>

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

(Amendment 20)

Article 4(2)

>Original text>

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

>Text following EP vote>

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

(Amendments 38 and 39)

Article 5(2), 1st subparagraph

>Original text>

2. Supply and works contracts shall be awarded by means of open invitations to tender except in the cases provided for in Article 116 of the Financial Regulation applicable to the general budget of the European Communities.

>Text following EP vote>

2. Supply, works and services contracts shall be awarded by means of open invitations to tender except in the cases provided for in Article 116 of the Financial Regulation applicable to the general budget of the European Communities. The open procedure provides for a minimum period of 90 days from the date of publication in the Official Journal of the European Communities for the submission of bids by the economic operators who wish to tender.

(Amendment 22)

Article 5(2), 2nd subparagraph

>Original text>

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

>Text following EP vote>

Service contracts shall, as a general rule, be awarded by restricted invitations to tender and by private treaty for operations up to ECU 300 000. The restricted invitations to tender will provide for a minimum time limit of 40 days for companies and organizations to express their interest as of the date of transmission of the action programmes to the Committee referred to in Article 6.

(Amendment 23)

Article 5(2), 3rd subparagraph

>Original text>

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

>Text following EP vote>

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

(Amendment 24)

Article 5(2), 4th subparagraph

>Original text>

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

>Text following EP vote>

Participation by natural and legal persons from Mediterranean countries or countries party to the GATT Government Procurement Agreement may be authorised by the Commission.

(Amendment 25)

Article 5(2), 4th subparagraph a and b (new)

>Text following EP vote>

The evaluation criteria for tenders must be clearly outlined in the tender documents.

>Text following EP vote>

In the case of restricted tenders, the drawing up of short lists must be based on quality of companies, with the inclusion of operators from the recipient countries wherever possible.

(Amendment 41)

Article 5(2), 4th subparagraph c (new)

>Text following EP vote>

Firms shall have the right upon written request to be informed of the reasons why (an)other offer(s) has (have) been accepted and of the name(s) of the firm(s) selected.

(Amendment 26)

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

>Original text>

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

>Text following EP vote>

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

>Original text>

2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time-limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148(2) of the EEC Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighed in the manner set out in that Article. The chairman shall not vote.

>Text following EP vote>

2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver an opinion on the draft within a time-limit which the chairman may lay down, if necessary by taking a vote, according to the urgency of the matter.

>Original text>

3. The Commission shall adopt measures, which shall apply immediately. However, if these measures are not in accordance with the opinion of the Committee, they shall be communicated by the Commission to the Council forthwith. In that event, the Commission shall defer application of the measures which it has decided for a period of six weeks.

>Text following EP vote>

3. The opinion shall be recorded in the minutes; each Member State shall also be entitled to require its point of view to be recorded in the minutes.

>Original text>

The Council, acting by a qualified majority, may take a different decision within the period laid down in the first subparagraph.

>Text following EP vote>

The Commission shall take the opinion of the Committee into account as far as possible. It shall inform the Committee of the extent to which it has taken its opinion into account.

(Amendment 27)

Article 6(7)

>Original text>

7. The European Parliament shall also be kept regularly informed of the implementation of the Tacis programmes.

>Text following EP vote>

Deleted

(Amendment 28)

Article 7, 1st and 2nd paragraphs

>Original text>

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

>Text following EP vote>

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

>Original text>

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

>Text following EP vote>

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

(Amendment 29)

Article 8

>Original text>

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

>Text following EP vote>

Each quarter the Commission shall draw up and forward to the budgetary authority a review of the position regarding contracts, payment authorizations and payment commitments, and reviews of service contracts awarded by restricted invitations to tender and by private treaty, their recipients, the amount of assistance granted and the beneficiary institutions, companies, agencies and public bodies.

>Text following EP vote>

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

(Amendment 42)

Article 9, 2nd paragraph a (new)

>Text following EP vote>

It shall be subject to review and, if necessary, revision at the end of a period of five years after it comes into force.

(Amendment 30)

ANNEX II(1), 4th indent

>Original text>

- strengthening of the civic society,

>Text following EP vote>

- strengthening of the civic society, promotion of democracy and the constitutional state,

(Amendment 31)

ANNEX II(4a) (new)

>Text following EP vote>

4a. Development of the social sector:

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

>Text following EP vote>

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

(Amendment 32)

ANNEX II(5a) (new)

>Text following EP vote>

5a. Environmental protection:

- strengthening of environmental institutions,

>Text following EP vote>

- legislation

>Text following EP vote>

- training.

(Amendment 33)

ANNEX II(5b) (new)

>Text following EP vote>

5b. Public health

Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation concerning the provision of assistance to economic reform and recovery in the New Independent States and Mongolia (COM(95)0012 - C4-0242/95 - 95/0056(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(95)0012 - 95/0056(CNS) ((OJ C 134, 1.6.1995, p. 16.)),

- having been consulted by the Council pursuant to Article 235 of the EC Treaty and Article 203 of the Euratom Treaty (C4-0242/95),

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

- having regard to the report of the Committee on External Economic Relations and the opinions of the Committee on Foreign Affairs, Security and Defence Policy, the Committee on Budgets, of Committee on the Environment, Public Health and Consumer Protection and the Committee on Budgetary Control (A4-0254/95),

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

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

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