Proposal for a Council Decision to approve the text of a ninth EC-UNRWA-Convention covering the years 1996-1998 prior to signature of the Convention by the Commission and the United Nations Relief and Works Agency for Palestine refugees (UNRWA) (96/C 218/06) COM(96) 257 final - 96/0154(CNS)

(Submitted by the Commission on 12 June 1996)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 130y, in conjunction with Article 228 (3) first subparagraph thereof, and with Article 228 (4),

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas the Convention concluded with the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) concerning aid to refugees in the countries of the Near East, approved on 16 December 1993 (1), expired on 31 December 1995;

Whereas the Community assistance to UNRWA forms part of the campaign against poverty in the developing countries and thereby contributes to the sustainable economic and social development of the population concerned and the host countries in which that population lives;

Whereas a new Convention should be concluded with UNRWA so that the Community's aid can continue to be provided as part of a comprehensive programme offering a measure of continuity;

Whereas continued support of UNRWA operations would be likely to contribute to the attainment of the Community objectives described in the above paragraph;

Whereas the new Convention provides for simplified procedures allowing, as necessary, for either the withdrawal of the Community contribution to certain programmes of UNRWA or, in agreement with UNRWA, adjustments to the Community contribution;

Whereas, as a consequence, the Commission should be authorized to approve such modifications under certain specific conditions,

HAS DECIDED AS FOLLOWS:

Article 1

The Convention between the European Community and the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) concerning aid to refugees in the countries of the Near East is hereby approved on behalf of the Community.

The text of the Convention is attached to this Decision.

Article 2

The execution of the Community programme of food aid to UNRWA shall be governed by the procedure defined in Regulation (EEC) No 3972/86 (2) or, if appropriate, by any regulation on food aid repealing and replacing it.

Article 3

The Commission, after consultation of the committee designated for this purpose by the Council, shall proceed as necessary to notify UNRWA of the withdrawal of its contribution according to Article 2 (4) of the Convention. Following the same procedure, the Commission will agree, as necessary, with UNRWA the appropriate adjustments foreseen at Article 5 of the Convention.

Article 4

The President of the Council is hereby authorized to designate the persons empowered to sign the Convention in order to bind the Community.

(1) OJ No L 9, 13. 1. 1994, p. 16.

(2) OJ No L 370, 30. 12. 1986, p. 1.

CONVENTION between the European Community and the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) concerning aid to refugees in the countries of the Near East

Article 1

The European Community (hereinafter referred to as 'the Community`) hereby concludes this Convention with the United Nations Relief and Works Agency for Palestine Refugees (hereinafter referred to as 'UNRWA`) in order to confirm its commitment to a programme of aid to UNRWA. This aid shall take the form of contributions in kind or in cash extending over a three-year period for use under the UNRWA education, health and feeding programmes.

Article 2

1. The Community shall pay to UNRWA annually a cash contribution towards the costs of the education and health programmes. The size of this contribution shall be ECU 28 million in 1996, ECU 29,4 million in 1997 and ECU 30,9 million in 1998 for the education programme; ECU 3,4 million in 1996, ECU 3,6 million in 1997 and ECU 3,8 million in 1998 for the general health programme; and ECU 2,7 million in 1996, ECU 2,3 million in 1997 and ECU 1,8 million in 1998 for various specific components of the health programme (including the operation and expansion of the family planning programme, and for other support staff). The distribution of these amounts between the three headings stipulated will be amenable to adjustment by UNRWA each year, according to its needs, and on condition that the Commission is informed accordingly.

2. UNRWA shall send the Community each year a report on the use made of the Community contribution. UNRWA shall also provide the Community with any documentation that it may require relating to the execution of the education and health programmes, including the supplementary feeding programme, as well as any documents that will give detailed accounts of expenditure and budgetary estimates of future expenditure and the annual statistics of the UNRWA departments of education and health.

3. UNRWA shall inform the Community of any significant changes that may be planned in the education or health services provided by the Agency.

4. In the event of any significant changes in the education or health services provided by UNRWA during the period of validity of this Convention, the Community reserves the right to withdraw its agreement on the use of the funds made available to UNRWA under the Convention for these purposes. In such a case or cases the Community would notify UNRWA accordingly.

Article 3

Aid for UNRWA's food aid programmes

1. Other Community resources can also be mobilized to meet the specific needs of vulnerable groups.

2. The amounts and characteristics of the commodities and services provided will be subject to separately agreed financing conditions, based on annual requests from UNRWA.

3. UNRWA shall send the Community, each year, a report on the operation of the feeding programmes, indicating in particular the number, category and location of recipients and the services provided, the cost of the programmes and the use made of Community contributions in kind and in cash.

Article 4

Review

By end 1997, political developments regarding the refugees will be reviewed by the parties, and an evaluation made of any plans UNRWA has formulated, and if this is the case, put into effect, for the handover of its functions to the Palestinian Council and/or any other body.

Article 5

Adjustments

If, during the life of the Convention, any or all of the functions of UNRWA are transferred to the Palestinian Council or to any other body, adjustments will be made, as appropriate, to those parts of the Community contribution to UNRWA under the Convention which are otherwise fixed under Article 2 (1) on the basis of an Exchange of Letters between the Community and UNRWA.

Article 6

Financial control, and visits

1. UNRWA shall:

(i) keep financial and accounting documents concerning the activities financed by the Community; and

(ii) make available to the competent bodies of the Community, on request, all relevant financial information including statements of accounts concerning the programme/project, whether they are executed by UNRWA or by subcontracting.

In conformity with the Financial Regulation of the Community, the Commission and the Court of Auditors may undertake, including on the spot, checks related to the operations financed by the Community.

2. UNRWA will facilitate the visits of representatives of the Community to the sites of UNRWA operations.

Article 7

Any dispute arising out of this Convention shall be settled by consultation between the two parties at the request of either party.

Article 8

Duration of the Convention

This Convention shall cover a period of three calendar years (1996, 1997 and 1998).

Article 9

This Convention shall be drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish languages, each version being equally authentic.