A4-0344/96

Decision on the common position adopted by the Council with a view to the adoption of a Council Regulation on operations to aid uprooted people in Asian and Latin American developing countries (C4-0374/96 - 95/0162(SYN))

(Cooperation procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0374/96 - 95/0162(SYN) ((OJ C 264, 11.9.1996, p. 15.)),

- having regard to its opinion at first reading ((OJ C 65, 4.3.1996, p. 215.)) on the Commission proposal to the Council, COM(95)0297 ((OJ C 237, 12.9.1995, p. 19. )),

- having regard to the amended Commission proposal, COM(96)0234 ((OJ C 216, 26.7.1996, p. 10.)),

- 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 (A4-0344/96),

1. Amends the common position as follows;

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

(Amendment 1)

Recital 7a (new)

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(7a) Whereas refugee status may arise from persecution of particular social groups, and there is a need to promote the principle of non- discrimination;

(Amendment 2)

Recital 7b (new)

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(7b) Whereas there is a need to uphold the non-refoulement principle, and the proper legal resolution of violations of human rights;

(Amendment 3)

Article 1a (new)

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Article 1a

The establishment of democratic structures and the promotion of human rights shall be an integral part of assistance programmes to uprooted people in Asian and Latin American developing countries. All affected groups, as well as the local population hosting refugees and displaced persons, shall be fully involved in the assessment of needs and implementation of assistance programmes. Assistance shall be targeted to and funds earmarked for vulnerable groups including women, children, indigenous people, the disabled and elderly people.

(Amendment 4)

Article 2

>Original text>

In this context, the Community shall implement viable projects for subsistence, self-sufficiency and reinsertion into the socio-economic fabric of refugees and displaced persons, returnees and demobilized soldiers. To this end, operations shall cover inter alia mine clearance, combating sexual violence, support to local host communities and areas to which refugees return to facilitate acceptance and integration of uprooted people and support for their return and settlement in the countries of origin or in third countries and, where appropriate, shall support reconciliation.

>Text following EP vote>

In this context, the Community shall implement viable projects for subsistence, self-sufficiency and reinsertion into the socio-economic fabric of refugees and displaced persons, returnees and demobilized soldiers. To this end, operations shall cover inter alia mine clearance including operations to encourage awareness-building and safety with regard to mines, combating sexual violence, basic health care, including reproductive and psychological health and treatment for women who have been victims of rape, aid to promote family unity including family tracing and reunification programmes, support to reclaim land and property rights and support for the legal resolution of human rights violations, support to local host communities and areas to which uprooted people return to facilitate their acceptance and integration and support for their voluntary return and settlement in their places of origin or in third countries. Where appropriate, operations shall support reconciliation.

(Amendment 5)

Article 7(1)

>Original text>

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

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1. The means deployed in implementing operations referred to in Article 1 shall include studies, technical assistance, training and other services, supplies, works, and audits and evaluating and monitoring missions. If imperative for the success of an operation, funds may be provided for the preparation of studies for which experts from the recipient country shall primarily be used. The cost of studies, audits and evaluation and monitoring missions shall be restricted to what is absolutely essential and shall not exceed 3% of the total cost of the operation.

(Amendment 6)

Article 7(6)(b)

>Original text>

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

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(b) on-the-spot coordination of the implementation of operations through regular meetings and exchanges of information between representatives of the Commission and of the Member States and other donor representatives and operational partners in the recipient country.

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(ba) coordination and consultation with the competent committee of the European Parliament and NGO liaison organisation.

(Amendment 7)

Article 7(7)

>Original text>

7. The Commission, in liaison with the Member States, may take any initiative necessary for ensuring proper coordination with the other providers of funds concerned, in particular those forming part of the United Nations system, including the High Commissioner for Refugees.

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7. The Commission, in liaison with the Member States, may take any initiative necessary for ensuring proper coordination with implementing partners, in particular those forming part of the United Nations system, including the High Commissioner for Refugees.

(Amendment 8)

Article 9(3) and (4)

>Original text>

3. Decisions relating to grants of more than ECU 2 million for individual operations financed under this Regulation shall be adopted in accordance with the procedure laid down in Article 10.

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Deleted

>Original text>

The Commission shall inform the Committee referred to in Article 10 succinctly of the financing decisions which it intends to take with regard to projects and programmes of less than ECU 2 million in value. This information shall be made available not later than one week before the decision is taken.

>Original text>

4. The Commission shall be authorized to approve, without recourse to the opinion of the Committee provided for in Article 10, any supplementary commitments needed for covering expected or real cost overruns in connection with the operations, where the overrun or additional requirement is less than or equal to 20% of the initial commitment laid down by the financing decision.

>Original text>

Where the supplementary commitment referred to in the first subparagraph is less than ECU 4 million, the Committee shall be informed of the decision taken by the Commission. Where the supplementary commitment referred to in the first subparagraph is greater than ECU 4 million but less than 20%, the Committee will be asked to give its opinion.

(Amendment 9)

Article 10

>Original text>

1. The Commission shall be assisted by the Committee set up under Article 15 of Council Regulation No 443/92/EEC of 25 February 1992 on financial and technical assistance to, and economic cooperation with, the developing countries in Asia and Latin America.

>Text following EP vote>

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.

>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.

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2. Opinions shall be recorded in the minutes; each Member State shall have the right to ask for its position to be recorded in the minutes. A copy of the minutes shall be forwarded to the competent committee of the European Parliament.

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>

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

>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.

>Original text>

If on the expiry of a period of one month from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.

(Amendment 10)

Article 11

>Original text>

An exchange of views shall take place once a year on the basis of a presentation by the representative of the Commission on the general guidelines for the operations to be carried out in the year ahead, within the framework of the Committee mentioned in Article 10(1).

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An exchange of views shall take place once a year on the basis of a report by the representative of the Commission on the general guidelines for the operations to be carried out in the year ahead.

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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. The competent committee of the European Parliament may send a representative to this meeting as an observer with the right to speak.

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The meetings held under the terms of this Article shall be held in public and the full minutes transmitted to the European Parliament and the Council for information within ten working days of each meeting.

(Amendment 11)

Article 13

>Original text>

The Commission shall regularly assess operations financed by the Community with a view to establishing whether the objectives aimed at by such operations have been achieved and to provide guidelines for improving the effectiveness of future operations. The Commission shall submit to the Committee a summary of the assessments made which, if appropriate, may be examined by the Committee. The assessment reports shall be available to any Member States requesting them.

>Text following EP vote>

The Commission shall regularly assess operations financed by the Community with a view to establishing whether the objectives aimed at by such operations have been achieved and to provide guidelines for improving the effectiveness of future operations. The Commission shall submit to the Committee a summary of the assessments made which, if appropriate, may be examined by the Committee. The assessment reports shall be available to any Member States requesting them and to the European Parliament.