A4-0341/96

Decision on the common position adopted by the Council with a view to the adoption of a Council Regulation on HIV/AIDS-related operations in developing countries (C4-0372/96 - 95/0164(SYN))

(Cooperation procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0372/96 - 95/0164(SYN) ((OJ C 264, 11.9.1996, p. 21.)),

- having regard to its opinion at first reading ((OJ C 152, 27.5.1996, p. 36.)) on the Commission proposal to the Council COM(95)0293 ((OJ C 252, 28.9.1995, 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 (A4-0341/96),

1. Amends the common position as follows;

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

(Amendment 1)

Title

>Original text>

Council Regulation (EC) on HIV/AIDS-related operations in developing countries

>Text following EP vote>

Council Regulation (EC) on operations concerning HIV/AIDS and sexually transmitted diseases in developing countries

(Amendment 2)

Recital 1

>Original text>

Whereas the budgetary authority decided, in the framework of the 1988 budget, to create a budget heading designed to support the fight against the HIV/AIDS epidemic;

>Text following EP vote>

Whereas the budgetary authority decided, in the framework of the 1988 budget, to create a budget heading designed to support the fight against the HIV/AIDS epidemic whereby it would seek to develop innovative measures, not merely measures complementing those already implemented at other levels;

(Amendment 5)

Recital 6a (new)

>Text following EP vote>

Whereas, in its resolution of 15 November 1995 on the communication from the Commission to the Council and the European Parliament on the AIDS policy of the Community and the Member States in the developing world1, the European Parliament called for a considerable increase in resources and for a detailed action programme to stem the spread of the epidemic and to alleviate the social and economic repercussions;

__________________

1 OJ C 323, 4.12.1995, p. 45.

(Amendment 6)

Recital 9

>Original text>

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 period 1997 to 1999 without thereby affecting the powers of the budgetary authority as they are defined by the Treaty,

>Text following EP vote>

Deleted

(Amendment 7)

Article 1(1)(a)

>Original text>

(a) reducing the transmission of HIV/AIDS and the spread of other diseases capable of being transmitted sexually or perinatally;

>Text following EP vote>

(a) reducing the transmission of HIV/AIDS and preventing and treating other diseases capable of being transmitted sexually or perinatally;

(Amendment 9)

Article 2(1), introduction

>Original text>

1) reducing the transmission of HIV/AIDS and the spread of other diseases capable of being transmitted sexually or perinatally through:

>Text following EP vote>

1) reducing the transmission of HIV/AIDS and preventing and treating other diseases capable of being transmitted sexually or perinatally through:

(Amendment 10)

Article 2(1)(a)

>Original text>

(a) information and education on sexual and reproductive health and rights as regards reproduction; special attention shall be given to making the measures specially adapted and accessible to the target groups, notably people in high-risk environments and the most socially and economically vulnerable individuals and communities, in particular women and young people;

>Text following EP vote>

(a) stepping up communication, information and training activities on sexual and reproductive health and rights as regards reproduction, that respect their cultural identity; to this end opinion leaders and the mass media should be involved; special attention shall be given to making the measures specially adapted and accessible to the target groups, notably people in high-risk environments (refugees, migrants, itinerant workers, soldiers, prisoners, prostitutes, etc.) and the most socially and economically vulnerable individuals and communities, in particular women and young people and their partners;

(Amendment 11)

Article 2(1)(b)

>Original text>

(b) greater efficiency in reducing the transmission of HIV and sexually transmitted diseases (STD), including through better screening methods and the treatment of sexually transmitted diseases;

>Text following EP vote>

(b) greater efficiency in reducing the transmission of HIV and sexually transmitted diseases (STD), including through better methods, and their promotion, for the screening and the treatment of sexually transmitted diseases among the populations in the developing countries;

(Amendment 12)

Article 2(1)(c)

>Original text>

(c) improved availability and use of different means and methods of protection, including the safety of blood transfusions and other forms of injection;

>Text following EP vote>

(c) improved availability and use of different means and methods of protection, in particular by means of improved information and the promotion, distribution and social marketing of condoms, and including the safety of blood transfusions and other forms of injection;

(Amendment 13)

Article 2(1)(d)

>Original text>

(d) support for the HIV/AIDS problem to be taken into account in development policies and strategies;

>Text following EP vote>

(d) support for the HIV/AIDS problem to be taken into account in development policies and strategies through efforts to ensure that use is made of other projects of a general nature so as to enable all project participants to offer health education and prevention simultaneously, and that the general projects do not conflict with the campaign against AIDS;

(Amendment 14)

Article 2(1)(e)

>Original text>

(e) supporting measures that aim to emancipate women and enable them to encourage the widespread use of different means and methods of protection against HIV/STD infection and transmission and protect the health of unborn children;

>Text following EP vote>

(e) supporting measures that aim to emancipate women in all spheres of the health sector including those relating to sexual relations and enable them to encourage the widespread use of different means and methods of protection against HIV/STD infection and transmission and protect the health of unborn children and to increase male awareness and responsibility for safe sexual behaviour;

(Amendment 15)

Article 2(1)(ea) (new)

>Text following EP vote>

(ea) promoting a dialogue with the religious communities that continue to reject an open and wide-ranging anti-AIDS campaign;

(Amendment 16)

Article 2(2), introduction

>Original text>

2) reinforcing health and social services so that they can cope with the growing demands of the spreading epidemic through:

>Text following EP vote>

2) reinforcing health and social services so that they can cope with the growing demands of the spreading epidemic and for the treatment of sexually transmitted diseases through:

(Amendment 17)

Article 2(2)(a)

>Original text>

(a) strengthening health services, particularly primary health services, by taking steps to increase national, regional and local capacities to develop preventive activities and care and to improve access for the most vulnerable;

>Text following EP vote>

(a) strengthening health services and care establishments, particularly primary health services, by taking steps to increase national, regional and local capacities to develop preventive activities and care and to improve access for the most vulnerable including increasing the availability of medicinal products intended to treat sexually transmitted diseases;

(Amendment 18)

Article 2(2)(aa) (new)

>Text following EP vote>

(aa) a study with a view to setting up, at the instigation of the Union, of a solidarity instrument to improve the treatment of people affected by HIV in the poorest countries. For this purpose, the best financial approach for securing north-south equality of treatment should be identified in conjunction with the UN agencies, NGOs concerned and pharmaceutical laboratories, and in cooperation with the health care systems of the developed countries, in particular those of the Union.

(Amendment 19)

Article 2(2)(c)

>Original text>

(c) improved training for medical and paramedical personnel;

>Text following EP vote>

(c) support for information and training programmes for local health workers and promoting and developing both regional and international medical cooperation exchanges;

(Amendment 20)

Article 2(5)(b)

>Original text>

(b) the encouragement of freedom from discrimination and for combating the stigma attaching to those living with the virus, in particular by setting up an appropriate legislative framework.

>Text following EP vote>

(b) the encouragement of freedom from discrimination and for combating the stigma, isolation and/or ghettoization attaching to those living with the virus, e.g. of refugees and migrants, by means of public awareness campaigns and in particular by setting up an appropriate legislative framework.

(Amendment 21)

Article 3, fifth indent

>Original text>

- local communities and the private sector, including NGOs, women's groups and grassroots associations able to contribute whatever expertise they have to the design, implementation and monitoring of the priority strategies in the HIV/AIDS field described in Article 2.

>Text following EP vote>

- local communities and the private sector, including NGOs, women's groups and associations able to contribute whatever expertise they have to the design, implementation and monitoring of the priority strategies in the HIV/AIDS field described in Article 2.

(Amendment 22)

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.

>Text following EP vote>

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 evaluating and monitoring audits, whose cost shall be submitted to the budgetary authority before the first reading of each budget. Priority shall be given to enhancing national capacities, particularly through training programmes designed to increase the beneficiary countries' involvement in, and autonomy in relation to, measures to control the spread of the virus.

(Amendment 23)

Article 4(3a) (new)

>Text following EP vote>

3a. 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 24)

Article 4(7a) (new)

>Text following EP vote>

7a. The Commission shall each year submit the results of its attempts to secure co-funding and partnership to the European Parliament, so that the latter may exercise political and budgetary control.

(Amendment 25)

Article 6

>Original text>

The financial reference amount for the implementation of this programme during the period 1997-1999 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 26)

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 and, in fully justified exceptional cases, to other third 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 country and other developing countries. It may be extended, in fully justified exceptional cases, to other third countries.

(Amendment 27)

Article 7(7)

>Original text>

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

>Text following EP vote>

7. Supplies should originate in the Member States, the recipient country or other developing countries. 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 28)

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 to be determined by the chairman according to the urgency of the matter and, where 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. 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 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, 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>

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.

_____________

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 29)

Article 9

>Original text>

An exchange of views shall take place once a year on the basis of a presentation by the representative of the Commission of the general guidelines for the operations to be carried out in the year ahead, in the framework of a joint meeting of the committees referred to in Article 8(1).

>Text following EP vote>

An exchange of views shall take place once a year on the basis of a presentation by the representative of the Commission of the general guidelines for the operations to be carried out in the year ahead, in the framework of a joint meeting of the committees referred to in Article 8(1). 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.