Proposal for a Council Regulation on operations to aid uprooted people (refugees, displaced persons and returnees) in Asian and Latin American developing countries

(95/C 237/08)

COM(95) 297 final - 95/0162(SYN)

(Submitted by the Commission on 28 June 1995)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 130w thereof,

Having regard to the proposal from the Commission,

In cooperation with the European Parliament (1),

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

Having regard to the resolution of the European Parliament on assistance to refugees in developing countries adopted on 16 December 1983 (2),

Whereas the Council and Parliament have called for greater efforts on the part of the Community in this respect;

Whereas the effectiveness of aid for refugees, displaced persons and returnees is dependent on the coordination of aid at European level and with other aid donors, non-governmental agencies and United Nations agencies;

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

Whereas the specialized bodies and agencies and non-governmental organizations implementing such operations have gained considerable experience in providing assistance to uprooted people;

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

Whereas this type of aid is a prerequisite for development and thus makes a major contribution towards achieving the Union's cooperation policy under Article 130u of the Treaty;

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

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

The Community shall support the following operations:

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

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

3. aid for repatriation;

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

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

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

7. possible resettlement of refugees in a third country;

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

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

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

Article 3

1. The beneficiaries shall be uprooted people originating from, or provisionally established in, any of the developing countries of Asia and Latin America:

(a) refugees are defined in the Convention relating to the Status of Refugees, which was adopted on 28 July 1951 by the United Nations Conference on the Status of Refugees and Stateless Persons, as 'any person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country`;

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

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

2. The aid shall also be available for:

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

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

Article 4

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

Article 5

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

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

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

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

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

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

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

Article 6

Financial aid under this Regulation shall take the form of grants.

Article 7

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

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.

3. All financing agreements or contracts concluded under this Regulation shall provide for the Commission and the Court of Auditors to conduct on-the-spot checks according to the usual procedures laid down by the Commission under the rules in force, in particular those of the Financial Regulation applicable to the general budget of the European Communities.

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

5. Participation in invitations to tender and the award of contracts shall be open on equal terms to all natural and legal persons of the Member States and of the host countries. It may be extended to other developing countries.

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

Article 8

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

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.

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

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.

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

Article 9

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

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

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

Article 10

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

(1) Opinion of . . . (OJ No . . ., . . .); Decision of . . . (OJ No . . ., . . .).

(2) OJ No C 10 of 16. 1. 1984, p. 278.