A4-0136/96

Decision on the common position adopted by the Council with a view to adopting a Council Regulation on rehabilitation and reconstruction operations in developing countries (C4-0099/96 - 95/0165(SYN))

(Cooperation procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0099/96 - 95/0165(SYN) ((OJ C 87, 25.3.1996, p. 29.)),

- having regard to its opinions at first reading ((OJ C 17, 22.1.1996, pp. 445 and 449.)) on the Commission proposals to the Council, COM(95)0291 ((OJ C 235, 9.9.1995, p. 11.)) and COM(95)0175,

- having regard 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 (A4-0136/96),

1. Amends the common position as follows;

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

Common position of the Council Amendments by Parliament

(Amendment 1)

Recital 3

>Original text>

Whereas the European Parliament emphasized the scale of the developing countries' need for rehabilitation aid and proposed the establishment of a specific financial framework with considerable financial resources for that purpose in the general budget of the European Communities;

>Text following EP vote>

Whereas the European Parliament, in its resolution of 16 November 19931, emphasized the scale of the developing countries' need for rehabilitation aid and proposed the establishment of a specific financial framework with considerable financial resources for that purpose in the general budget of the European Communities;

1 OJ C 329, 6.12.1993, p. 77.

(Amendment 2)

Recital 3a (new)

>Text following EP vote>

Whereas the European Parliament took the initiative in 1986 of establishing an item in the budget aiming to provide support to the countries in southern Africa which were affected by the deliberate destabilisation orchestrated by the South African apartheid regime; whereas such aid was to be targeted to war orphans and other children, and subsequently to refugees, returnees and displaced persons in line with the recommendations of the Oslo Conference of August 1988, organized by the United Nations and the Organization of African Unity;

(Amendment 3)

Recital 4a (new)

>Text following EP vote>

Whereas, furthermore, Parliament noted that high priority needed to be accorded to the speed and efficiency of aid and that food security and the restoration of basic social facilities needed to be treated as matters of the utmost importance;

(Amendment 4)

Article 1(1)

>Original text>

1. The Community shall carry out rehabilitation and reconstruction operations in the developing countries referred to in paragraph 2 which have suffered serious damage through war, civil disorder or natural disaster with priority being given to the least developed among them. Operations of limited duration shall be designed to help re-establish a working economy and the institutional capacities needed to restore social and political stability to the countries concerned and meet the needs of the people affected. The operations must progressively take over from humanitarian action and pave the way for the resumption of medium-term and long-term development aid.

>Text following EP vote>

1. The Community shall carry out rehabilitation and reconstruction operations in the developing countries or regions referred to in paragraph 2 which have suffered serious damage through war, civil disorder or natural disaster with priority being given to the least developed among them. Operations of limited duration, which must commence at the earliest possible stage, shall be designed to help re-establish a stable and environmentally compatible working economy and the institutional capacities needed to restore social, cultural and political stability to the countries concerned and meet the needs of the people affected. The operations must progressively take over from humanitarian action and pave the way for the resumption of medium-term and long-term development aid. They must in particular permit refugees, displaced persons and demobilized troops to return home and help the entire population resume normal civilian life in their countries and regions of origin.

(Amendment 5)

Article 2(2)

>Original text>

2. The priorities for operations under this Regulation shall be: the relaunch of production on a lasting basis, the physical and operational rehabilitation of basic infrastructure, including mine clearance, social reintegration and the restoration of the institutional capacities needed in the rehabilitation period, especially at local level.

>Text following EP vote>

2. The priorities for operations under this Regulation shall be: the relaunch of production on a lasting basis, the physical and operational rehabilitation of basic infrastructure, including mine clearance, the reintegration into society of refugees, displaced persons, disabled persons and demobilized troops, training and education to counter the effects of internal conflict and destabilization operations, and the restoration of the institutional capacities needed in the rehabilitation period, especially at local level. Resources may also be used to encourage and assist the development of economic activity, particularly through the creation of SMEs, and by promoting regional economic integration.

(Amendment 6)

Article 3

>Original text>

The cooperation partners eligible for financial support under this Regulation shall be regional and international organizations, non-governmental organizations, national, provincial and local government departments and agencies, community-based organizations, institutes and public and private operators.

>Text following EP vote>

The cooperation partners eligible for financial support under this Regulation shall be regional and specialized international aid organizations and non- governmental organizations which, according to their varying expertise and capacities, can make a contribution to the operations referred to in Articles 1 and 2, national, provincial and local government departments and agencies, community-based organizations, institutes and public and private operators.

(Amendment 7)

Article 4(1)

>Original text>

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.

>Text following EP vote>

1. The instruments to be employed in the course of the operations referred to in Articles 1 and 2 include studies, technical assistance, training or other services, supplies and works, along with audits and evaluation and monitoring missions. In this connection priority should be given to reinforcing national capacities, particularly through the training of staff and the restoration of basic physical, social and economic infrastructure with a view to sustainability.

(Amendment 8)

Article 4(2)

>Original text>

2. Community financing may cover both investment, with the exception of the purchase of buildings, and recurring costs (including administrative, maintenance and operational costs), taking account of the fact that the project must aim to have the recurring costs taken over by the beneficiaries.

>Text following EP vote>

2. Community financing may cover both investment, with the exception of the purchase of buildings, and essential recurring costs incurred in the lifetime of a project (including administrative, maintenance and operational costs), taking account of the fact that the project must aim to have the recurring costs taken over by the beneficiaries.

(Amendment 9)

Article 4(3)

>Original text>

3. A financial contribution from the partners defined in Article 3 shall be sought for each cooperation operation. The contribution requested shall be within the means of the partners concerned and shall depend on the nature of the operation. In specific cases where the partner is an NGO or a community-based organization, a contribution in kind may be made.

>Text following EP vote>

3. A financial contribution from the partners defined in Article 3 shall be sought for each cooperation operation. The contribution requested shall be within the means of the partners concerned and shall depend on the nature of the operation. In specific cases where the partner is an NGO or a community-based organization, a contribution in kind may be made. A financial contribution from local partners, in particular to operating costs, shall be sought as a priority in cases where a project is designed as a start-up for an ongoing activity, in order to ensure the sustainability of such projects after Community funding has ceased.

(Amendment 10)

Article 4(6) and (7)

>Original text>

6. In order to achieve the objectives of coherence and complementarity referred to in the Treaty and with the aim of guaranteeing optimal efficiency of the totality of these actions, the Commission will take all necessary coordination measures, notably:

>Text following EP vote>

6. In order to reinforce coherence and complementarity between the actions financed by the Community, Member States and other donors, such as the UN agencies, the Commission shall take all the necessary measures to ensure consultation, both at institutional and ground levels.

>Original text>

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

>Text following EP vote>

The Commission shall ensure proper coherence and continuity between its efforts in the fields of humanitarian aid, rehabilitation and development.

>Original text>

(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.

>Original text>

7. The Commission, in conjunction with the Member States, may take any initiatives necessary for ensuring good coordination with the other providers of funds, in particular those forming part of the United Nations system.

(Amendment 11)

Article 6(1)

>Original text>

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.

>Text following EP vote>

1. The Commission shall appraise, decide and administer operations covered by this Regulation according to the budgetary procedures in force, and in particular those laid down in the Financial Regulation applicable to the general budget of the European Communities.

(Amendment 12)

Article 6(5)

>Original text>

5. 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.

>Text following EP vote>

5. 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 and evaluation measures according to the usual procedures.

(Amendment 13)

Article 6(6)

>Original text>

6. Where operations are the subject of financing agreements between the Community and the host countries, such agreements shall stipulate that the payment of taxes, duties or any other charges is not to be covered by the Community.

>Text following EP vote>

6. Where operations are the subject of financing agreements between the Community and the recipient countries, such agreements shall stipulate that the payment of taxes, duties or any other charges is not to be covered by the Community. Consignments delivered and services rendered by or on behalf of the Community shall correspondingly be exempt from taxes, duties, and other charges.

(Amendment 14)

Article 6(7)

>Original text>

7. 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.

>Text following EP vote>

7. 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 the recipient country. It may be extended to other countries of the region and, in exceptional cases which are fully justified, to third countries.

(Amendment 15)

Article 6(8)

>Original text>

8. 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>

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

(Amendment 16)

Article 7

>Original text>

1. The Commission shall be assisted by the relevant geographically determined committee.

2. The Commission representative 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.

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

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.

If, within one month after the referral of the matter to the Council, the latter has not acted, the proposal measures shall be adopted by the Commission.

>Text following EP vote>

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

(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;

(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;

(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.

2. The representative of the Commisson 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.

>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.

>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.

>Text following EP vote>

Meetings of the Committee set up under this Article shall be held in public and the full minutes transmitted for information, within ten working days of each meeting, to the relevant geographically determined committee and the Committee on Development and Cooperation of the European Parliament.

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 17)

Article 8, 2nd and 3rd paragraphs (new)

>Text following EP vote>

A representative from the Committee on Development and Cooperation of the European Parliament shall be present as an observer with the right to speak.

>Text following EP vote>

The Commission shall establish the general guidelines to be presented on the basis of consultations held with the authorities, partner organizations and beneficiaries in the countries receiving assistance.

(Amendment 18)

Article 9, 2nd paragraph

>Original text>

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

>Text following EP vote>

The summary shall in particular give details of those with whom contracts have been concluded.

(Amendment 19)

Article 9, 3rd paragraph a (new)

>Text following EP vote>

Where, pursuant to this Regulation, projects are funded in countries or regions for which funding for rehabilitation and reconstruction measures is available under the EDF or under specific regulations, the annual report shall state the reasons why the decision has been made to opt for funding under this Regulation.