Proposal for a Council Regulation on decentralized cooperation

(95/C 250/04)

COM(95) 290 final - 95/0159(SYN)

(Submitted by the Commission on 11 July 1995)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

In cooperation with the European Parliament,

Whereas the importance of the decentralized approach to development cooperation has been emphasized in the fourth Lomé Convention, Council Regulation (EEC) No 443/92 of 25 February 1992 on financial and technical assistance to, and economic cooperation with, the developing countries of Asia and Latin America, and the Council resolution of 27 May 1991;

Whereas the budgetary authority decided to include in the 1992 budget an item for the promotion of this approach to cooperation in all developing countries;

Whereas decentralized cooperation makes an important contribution to the objectives of the EU set out in Article 130 U of the Treaty of Maastricht;

Whereas administrative procedures should be established,

HAS ADOPTED THIS REGULATION:

Article 1

The Community shall support development operations and initiatives by decentralized agents of the European Union and the developing countries, in particular those designed to promote:

- a more participatory approach to development, responsive to grassroots needs and initiatives in the developing countries,

- a contribution to the diversification and reinforcement of civil society and grassroots democracy in the countries concerned,

- the mobilization of decentralized agents in the developing countries and the Union in pursuit of these objectives.

All developing countries shall be eligible for operations to promote decentralized cooperation.

Article 2

The priority fields for operations under this Regulation shall be:

- the development of human and technical resources and local rural or urban social and economic development,

- information and the mobilization of decentralized agents,

- support for strengthening the institutional capacities of such agents and their capacity for action.

Article 3

The agents of cooperation eligible for financial support under this Regulation are decentralized bodies in the developing countries or the Union, namely: local authorities, NGOs, local traders' associations and citizens' groups, cooperatives, trade unions, women's and youth organizations, teaching and research institutions, churches and any non-governmental associations likely to contribute to development.

Article 4

1. The instruments to be employed in the course of the operations referred to in Article 1 shall include studies, technical assistance, training or other services, supplies and works, along with audits and evaluation and monitoring missions.

2. Community financing may cover both investment, with the exception of the purchase of buildings, and operating costs in local or foreign currency, depending on the needs of the operation.

3. A systematic effort shall be made to get the developing-country agents ultimately benefiting from the operation, as well as any Union partners they may have, to contribute, whether financially or in kind, according to their means and the nature of the operation concerned.

4. Opportunities shall be sought for cofinancing, especially with Member States. Necessary measures will be taken to emphasize the Community character of aid provided under this Regulation.

5. In order to reinforce coherence and complementarity between the actions financed by the Community and those financed by the Member States, with the aim of guaranteeing optimal efficiency of the totality of these actions, the Commission will take all necessary coordination measures, notably:

(a) the establishment of a system for the systematic exchange of information on actions financed or for which financing is foreseen by the Community and the Member States;

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

Article 5

Financial support under this Regulation shall be in the form of grants.

Article 6

1. The Commission shall appraise, decide and administer 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 European Communities.

2. 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, and in particular those of the Financial Regulation applicable to the general budget of the European Communities.

3. Participation in invitations to tender and the award of contracts shall be open on equal terms to natural and legal persons of the Member States and of the recipient country. It may be extended to other developing countries and, in exceptional cases which are fully justified, to third countries.

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

Article 7

The representatives of the Commission and the Member States will have an exchange of views, once a year, on the basis of a presentation by the representative of the Commission of the general guidelines for operations to be carried out in the year ahead.

This exchange of views will be organized in the framework of a joint meeting of the following committees:

(a) 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 Lomé Convention, adopted on 16 July 1990 by the representatives of the Member States meeting in the Council;

(b) the MED Committee set up by Article 6 of Council Regulation (EEC) No 1762/92 of 29 June 1992;

(c) the ALA Committee set up by Article 15 of Council Regulation (EEC) No 443/92 of 25 February 1992.

Article 8

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

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

The report shall also set out the conclusion of any independent evaluations of specific operations.

Article 9

This Regulation shall enter into force on the third day following 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.