COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 15.12.1995 
COM(95)721 final 
95/01J 9 (SYN) 
Amended proposal for a 
COUNCIL REGULATION (EC) 
CONCERNING HUMANITARIAN AID 
(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

EXPLANATORY MEMORANDUM 
On 31 May, the Commission sent the Council and Parliament a proposal for a 
regulation on humanitarian aid, which attempts to define the scope of 
humanitarian aid action, coordination arrangements and the ways in which the 
Community, Member States, international bodies and non-governmental 
organizations can cooperate.1 
The proposal is based on Article 130w of the Treaty and subject to the 
cooperation procedure (Article 189c of same). 
In accordance with this procedure, Parliament delivered its opinion on first reading 
on 30 November 1995, submitting a total of 23 amendments.2 Pursuant to Article 
189a(2) of the Treaty, the Commission is submitting an amended proposal 
incorporating the changes which it has accepted. 
A number of these amendments are to do only with form, others with content. 
They seek mainly to: 
avoid discrimination against under-privileged groups; 
emphasize the idea of a continuum between short-term rehabilitation and 
long-term development; 
step up coordination and consultation with humanitarian aid bodies, non­
governmental organizations and international bodies; 
recognize the fact that Member States and recipient countries can launch 
humanitarian operations in the same way that international and non­
governmental organizations do; 
set out clear objective criteria and other relevant factors for deciding which 
NGOs should be eligible for funding under the regulation; 
bring the issue of coordination under one single article by including 
coordination with international United Nations organizations; 
clarify the concept of comprehensive humanitarian aid plans; 
send evaluation reports to the budgetary authority. 
COM (95) 201 final 
EP 213.938/fin 
A 
The Commission has accepted as they stand the following amendments: n° 4, 5, 
6 (second part), 8, 10, 11 (first part), 12 (first, second and fourth parts), 15, 17, 
18 (second and third parts); and 19, 20 and 23. 
The following amendments have been accepted in substance but with different 
wording. n° 1, 6 (first part), 7, 9, 12 (third part), 13, 14 and 18 (first part). 
The Commission has not included the following amendments: n° 2, 3, 12 (fifth 
and six part), 16, 18 (final part), 21 and 22, either because they are already 
covered in substance by the proposal either because they should not be included 
in a Council regulation. 
Abis) 
PROPOSAL FOR A COUNCIL AMENDED PROPOSAL FOR A 
REGULATION CONCERNING COUNCIL REGULATION 
HUMANITARIAN AID CONCERNING HUMANITARIAN AID 
(COM (95) 201 final) (after Parliament opinion on first reading) 
THE COUNCIL OF THE EUROPEAN No amendment 
UNION, 
Having regard to the Treaty establishing the 
European Community, and in particular 
Article 13 Ow thereof, 
Having regard to the proposal from the 
Commission,1 
In cooperation with the European 
Parliament,2 
Whereas victims of natural disasters, wars 
and outbreaks of fighting, exceptional 
poverty or other comparable emergencies 
have a right to international humanitarian 
assistance where their own authorities prove 
unable to provide effective relief; 
New recital 
Whereas the European Community, 
together with its operational partners and 
the Member States, have a responsibility to 
look into humanitarian aid strategies for 
those parts of the world affected bv natural 
or man-made disasters or other comparable 
emergencies: 
Whereas measures to protect the victims of 
fighting or comparable emergencies are 
governed by international humanitarian law 
and should accordingly be considered part 
of humanitarian action; No amendment 
Whereas humanitarian assistance 
encompasses not only relief operations to 
save and preserve life in emergencies or 
their immediate aftermath, but any action 
aimed at facilitating or obtaining freedom 
of access to victims and the free flow of 
such assistance; No amendment 
Whereas humanitarian assistance may be a No amendment 
prerequisite for development or 
reconstruction work and must therefore 
cover the full duration of a crisis and its 
aftermath, and may therefore include an 
element of short-term rehabilitation aimed 
at facilitating the arrival of relief, 
preventing any worsening in the impact of 
the crisis and starting to help those affected 
regain a minimum level of self-sufficiency; 
Whereas there is a particular need for No amendment 
preventive action to ensure preparedness for 
disaster risks and, in consequence, for the 
establishment of an appropriate rapid-
warning and intervention system; 
Whereas the effectiveness and consistency Whereas the effectiveness and consistency 
of the Community and national prevention of the Community and national prevention 
and intervention systems set up to meet the and intervention systems set up to meet the 
needs generated by natural disasters or needs generated by natural or man-made 
comparable emergencies should therefore be disasters or comparable emergencies should 
ensured and reinforced; therefore be ensured and reinforced; 
Whereas humanitarian aid, the sole aim of 
which is to prevent or relieve human 
suffering, is accorded to victims without 
discrimination on the grounds of race, 
religion, nationality or political affinities 
and must not be guided by, or subject to, 
political considerations; Whereas humanitarian aid, the sole aim of 
which is to prevent or relieve human 
suffering, is accorded to victims without 
discrimination on the grounds of race, sex, 
age, physical state, religion, nationality or 
political affinities and must not be guided 
by, or subject to, political considerations; 
Whereas humanitarian aid decisions must 
be taken impartially and solely according to 
the victims' needs and interests; No amendment 
Whereas close coordination between the 
Member States and the Commission both at 
decision-making level and on the ground 
constitutes the foundation for effective 
humanitarian action by the Community; No amendment 
New recital 
Whereas close dialogue should be fostered 
with the European Parliament: 
Whereas the Community, as part of its 
contribution to the effectiveness of 
international humanitarian aid, must 
endeavour to cooperate and coordinate its 
action with that of non-member countries; No amendment 
Whereas, in pursuit of that same objective, No amendment 
criteria should be established for 
cooperation with non-governmental 
organizations and the international agencies 
and organizations specializing in 
humanitarian aid; 
Whereas the independence and impartiality No amendment 
of non-governmental organizations and 
other humanitarian institutions in the 
execution of humanitarian aid must be 
preserved, respected and encouraged; 
Whereas cooperation in the humanitarian No amendment 
sphere should be encouraged between 
non-governmental organizations in the 
Member States and other developed 
countries and their equivalents in the 
countries concerned; 
Whereas the very nature of humanitarian No amendment 
aid calls for the establishment of flexible, 
transparent and fast decision-making 
procedures for the financing of 
humanitarian operations and projects; 
provision is therefore made for the 
Commission, in certain circumstances, to be 
assisted in its decision-making by an 
advisory committee; 
Whereas procedures should be established No amendment 
for the implementation and administration 
of humanitarian aid financed by the 
Community from the general budget, with 
emergency aid under the fourth Lomé 
Convention remaining subject to the 
procedures and arrangements laid down in 
that Convention, 
CHAPTER 1 
Objectives and general principles of humanitarian aid 
Article 1 
In the course of its humanitarian action, the 
Community shall carry out non­
discriminatory assistance, relief and 
protection operations to help people, and 
particularly the most vulnerable among 
them, in non-member countries hit by 
natural disasters, man-made crises, such as 
wars and outbreaks of fighting, or 
comparable emergencies for as long as is 
necessary to meet the humanitarian needs 
arising from such situations. The 
Community shall also carry out operations 
to prepare for or prevent disasters or 
comparable emergencies. Article 1 
Where local authorities are unable or 
unwilling to guarantee the survival and 
protection of the affected groups of people, 
the Community's humanitarian aid shall 
include non-discriminatory assistance, relief 
and protection operations to help people, 
and particularly the most vulnerable among 
them, in non-member countries hit by 
natural disasters, man-made crises, such as 
wars and outbreaks of fighting, or 
comparable emergencies for. as long as is 
necessary to meet the humanitarian needs 
arising from such situations. 
The Community's humanitarian aid shall 
also inlcude operations to prepare for or 
prevent disasters or comparable 
emergencies. 
Article 2 
The principal objectives of the humanitarian 
aid referred to in Article 1 shall be: 
(a) to save and preserve life during 
emergencies and their immediate 
aftermath and natural disasters that 
have caused major loss of life, 
physical, psychological or emotional 
suffering, or material damage; 
(b) to provide, through individual 
operations or global plans, the 
necessary assistance and relief to 
people affected by longer-lasting 
crises arising, in particular, from 
outbreaks of fighting or wars having 
the effects described in 
subparagraph (a), especially where 
their own governments prove unable 
to help or there is a vacuum of 
power; 
(c) to take any steps necessary to 
facilitate or obtain freedom of 
access to the recipients and the free 
flow of aid; 
(d) to carry out short-term rehabilitation 
and reconstruction work with a view 
to facilitating the arrival of relief, 
preventing the impact of the crisis 
from worsening and starting to help 
those affected regain a minimum 
level of self-sufficiency; Article 2 
No amendment 
No amendment 
No amendment 
No amendment 
to carry out short-term rehabilitation and 
reconstruction work, which takes account 
where possible of long-term development 
goals, with a view to facilitating the arrival 
of relief, preventing the impact of the crisis 
from worsening and starting to help those 
affected regain a minimum level of self-
sufficiency; 
(e) to cope with short- and longer-term 
population movements (refugees, 
displaced people and returnees) 
caused by natural and man-made 
disasters and handle schemes to 
assist repatriation to the country of 
origin and resettlement there; 
(0 
(g) to ensure preparedness for disasters 
or comparable emergencies and set 
up a suitable rapid-warning and 
intervention system; 
to carry out operations to protect the 
victims of fighting or comparable 
emergencies. (e) to cope with the consequences of 
short- and longer-term population 
movements (refugees, internally 
displaced people and returnees) 
caused by natural and man-made 
disasters and handle schemes to 
assist repatriation to, and 
resettlement in the country of origin 
when the conditions laid down in 
international conventions have been 
met: 
© 
(g) to prevent and prepare for disasters 
or comparable emergencies and set 
up a suitable rapid-warning and 
intervention system; 
to carry out operations to protect the 
victims of fighting or comparable 
emergencies in accordance with 
current international conventions. 
Article 3 
Community aid under this Regulation may 
be used to finance the purchase and 
delivery of any product or equipment 
needed for the implementation of 
humanitarian operations; the costs 
associated with the expatriate or local staff 
employed for those operations; the storage, 
transport, logistics and distribution of relief 
and any other action aimed at facilitating or 
obtaining freedom of access to the 
recipients of the aid. 
It may also be used to finance any other 
expenditure directly related to the 
implementation of humanitarian operations, 
including the cost of publicizing aid. Article 3 
Community aid under this Regulation may 
be used to finance the purchase and 
delivery of any product or equipment 
needed for the implementation of 
humanitarian operations, including the 
building of homes or shelters for affected 
groups of people; the costs associated with 
the expatriate or local staff employed for 
those operations; the storage, international 
or national shipment, logistics and 
distribution of relief and any other action 
aimed at facilitating or obtaining freedom 
of access to the recipients of the aid. 
It may also be used to finance any other 
expenditure directly related to the 
implementation of humanitarian operations. 
Article 4 
Community aid may also be used to 
finance: 
feasibility studies, monitoring and 
evaluation of humanitarian 
operations; 
training schemes and general studies 
in the field of humanitarian action; 
measures to strengthen coordination 
with the Member States, other donor 
countries, international humanitarian 
organizations and institutions and 
non-governmental organizations; 
the technical assistance necessary for 
the implementation of humanitarian 
projects, including the exchange of 
technical know-how and experience 
by European humanitarian 
organizations and agencies or 
between such bodies and those of 
non-member countries; 
public awareness and information 
campaigns inside and outside the 
Community aimed at increasing 
understanding of humanitarian 
issues. Article 4 
Community aid may also be used to 
finance: 
feasibility studies into humanitarian 
operations and the evaluation of 
humanitarian aid projects and plans: 
the monitoring of humanitarian aid 
projects and plans: 
No amendment 
measures to strengthen Commission 
coordination with the Member 
States, other donor countries, 
international humanitarian 
organizations and institutions and 
non-governmental organizations; 
the technical assistance necessary 
for the implementation of 
humanitarian projects, including the 
exchange of technical know-how 
and experience by European 
humanitarian organizations and 
agencies or between such bodies 
and those of non-member countries; 
activities to improve consultation 
and coordination between the 
European Community, its 
operational partners and their 
representative organizations; 
No amendment 
the publicizing of humanitarian 
operations. 
10 
Article 5 
Community financing under this Regulation 
shall take the form of grants. Article 5 
No amendment 
11 
CHAPTER II 
Procedures for the implementation of humanitarian aid 
Article 6 
Humanitarian aid operations financed by the 
Community may be implemented either at 
the request of international or non­
governmental bodies and organizations or 
on the initiative of the Commission. Article 6 
Humanitarian aid operations financed by 
the Community may be implemented either 
at the request of international or non­
governmental bodies and organizations in a 
Member State or recipient country or on 
the initiative of the Commission. 
12 
Article 7 
1. The humanitarian partners eligible 
for funding under this Regulation 
shall be non-governmental 
organizations satisfying the 
following conditions: 
(a) They must be legally 
recognized in their country 
of origin as independent non­
profit-making associations. 
(b) They must have their 
headquarters in a Community 
Member State or, 
exceptionally, a non-member 
country. 
When determining an NGO's 
suitability for Community funding, 
account shall be taken of the 
following factors: 
(a) its administrative and 
financial management 
capacities; 
(b) its technical and logistical 
capacity in relation to the 
planned operation; 
(b) its technical and logistical 
capacity in relation to the 
planned operation; Article 7 
The non-governmental organizations 
eligible for Community funding to 
carry out the activities laid down bv 
this Regulation must: 
(a) be independent non-profit 
making associations in 
accordance with the 
————' ' •' •" ' 
legislations of the 
Community Member State in 
which thev are situated: 
(b) have their registered 
headquarters in a Community 
Member State or in one of 
the countries in receipt of 
Community aid. The 
headquarters must be the 
actual centre for all decisions 
relating to activities financed 
under this Regulation. 
Exceptionally, the 
headquarters may be in a 
non-Member State. 
No amendment 
No amendment 
No amendment 
13 
(c) its experience in the field of 
humanitarian aid; 
(d) the results of operations 
carried out by the NGO 
concerned, and in particular 
those financed by the 
Community; 
(e) its readiness to take part, if 
need be, in the coordination 
system set up for a 
humanitarian operation; 
(f) its ability to work with 
humanitarian agencies in the 
countries concerned; 
(g) whether it has signed the 
framework partnership 
agreement with the 
Community in the field of 
humanitarian aid. No amendment 
(d) 
(e) 
(f) 
<£> the results of previous operations 
carried out by the NGO concerned, 
and in particular those financed by 
the Community; 
its readiness to take part, if need be, 
in the coordination system set up for 
a humanitarian operation; 
its ability and readiness to work 
with humanitarian agencies and 
grassroots communities in the 
countries concerned; 
Deleted 
its independence and impartiality in 
administering humanitarian aid: 
(h) if needs be. a track record in the 
country concerned. 
Article 8 
The Community may also finance 
humanitarian operations by international 
agencies and organizations, and in 
particular those which have signed the 
framework partnership agreement with the 
Community in the field of humanitarian aid. Article 8 
The Community may also finance 
humanitarian operations by international 
agencies and organizations. 
14 
Article 9 
The Community may also finance 
humanitarian operations by the European 
Commission or the Member States' 
humanitarian agencies. For that purpose, 
the Commission may, according to the 
financial rules in force, administer funds 
made available to it by the Member States 
in accordance with procedures agreed 
beforehand by the Commission and the 
Member State concerned. Article 9 
9.1 Where appropriate, the Community 
may also finance humanitarian 
operations by the European 
Commission or specialist Member 
State agencies. 
9.2 In accordance with the financial 
rules in force, the Commission may 
administer funds made available to 
it by the Member States in 
accordance with procedures agreed 
beforehand by the Commission and 
the Member State concerned. 
Article 10 
In the course of its humanitarian action, the 
Community shall endeavour to develop 
partnership and cooperation with non-
member countries. Incorporated into Article 12 (ex Article 13) 
under a new paragraph. 12.3 
Article 11 Article 10 
The administrative procedures for 
the management and implementation 
of operations under this Regulation 
shall be adopted by the Commission. 
Aid shall only be granted to the 
organizations referred to in Articles 
7, 8 and 9 if they undertake to 
comply with the conditions 
transmitted to them by the 
Commission regarding its allocation 
and implementation. No amendment 
Aid shall only be granted to the 
organizations and agencies referred 
to in Articles 7, 8 and 9 if they 
undertake to comply with the 
conditions transmitted to them by 
the Commission regarding its 
allocation and implementation. 
15 
Article 12 
All financing contracts concluded under this 
Regulation shall provide that the 
Commission and the Court of Auditors may 
conduct checks on the spot and at the 
headquarters of humanitarian partners 
according to the usual procedures 
established 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. Article 11 
No amendment to the text 
16 
Article 13 
In order to guarantee and enhance 
the effectiveness and consistency of 
Community and national 
humanitarian aid systems, the 
Commission shall take all necessary 
measures to ensure close 
coordination between the Member 
States and the Commission both at 
decision-making level and on the 
ground. 
To that end, the Member States shall 
accord the Commission all necessary 
assistance, and in particular provide 
all relevant information. Article 12 
In order to guarantee and enhance 
the effectiveness and consistency of 
Community and national 
humanitarian aid systems, the 
Commission may take anv useful 
step to promote close coordination 
between its activities and the 
Member States' both at decision­
making level and on the ground. To 
that end, the Member States and the 
Commission shall keep each other 
routinely informed. 
The Commission shall ensure that 
the humanitarian activities financed 
bv the Community are coordinated 
with those of international 
organizations and agencies, 
particularly those which form part 
of the United Nations. 
The Commission shall endeavour to 
develop humanitarian aid 
cooperation between the Community 
and non-member donor countries. 
17 
CHAPTER III 
Procedures for the implementation of humanitarian operations 
Article 14 
The Commission shall appraise, 
decide upon and administer 
operations under this Regulation 
according to the budgetary and other 
procedures in force, and in particular 
those laid down in the Community's 
Financial Regulation. 
Decisions concerning the 
implementation of global 
humanitarian aid plans shall be 
adopted under the procedure laid 
down in Article 15. Article 13 
The Commission shall appraise, 
decide upon, administer, monitor 
and evaluate operations under this 
Regulation according to the 
budgetary and other procedures in 
force, and in particular those laid 
down in the Community's Financial 
Regulation. 
Decisions concerning the 
implementation of global 
humanitarian aid plans designed to 
provide a coherent framework for 
action in a country or region 
suffering a prolonged humanitarian 
emergency shall be adopted under 
the procedure laid down in Article 
14. 
18 
Article 15 
1. The Commission shall be assisted by 
an advisory committee (hereinafter 
referred to as "the committee") made 
up of representatives of the Member 
States and chaired by a 
representative of the Commission. 
2. The Commission representative shall 
submit to the committee a draft of 
any decisions to be taken under 
Article 14(2). 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. 
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. 
3. Once a year, on the basis of a paper 
presented by the Commission 
representative, there will be a 
discussion on the general guidelines 
for humanitarian operations in the 
year ahead. Article 14 
ssoaaaaBenBaB 
No amendment to the text 
19 
In the committee, the Commission No amendment to the text 
and the Member States shall 
examine the priorities for 
humanitarian action by the 
Community, the entire question of 
the coordination of Community and 
national humanitarian aid and any 
general or specific issues concerning 
Community aid in that field. 
4. The Commission shall notify the 
committee of the humanitarian 
operations and projects adopted, 
indicating the amount granted, the 
nature of the operation, the recipient 
country and the partner 
implementing the aid. 
Article 16 Article 15 
The Commission shall regularly evaluate The Commission shall regularly evaluate 
humanitarian operations financed by the humanitarian operations financed by the 
Community in order to establish whether Community in order to establish whether 
they have achieved their objectives and to they have achieved their objectives and to 
produce guidelines for improving the produce guidelines for improving the 
effectiveness of subsequent operations. effectiveness of subsequent operations. 
Evaluation reports shall be submitted to the Evaluation reports shall be submitted to the 
committee. committee and to the budgetary authority. 
Article 17 Article 16 
After the end of each budget year, the No amendment to the text 
Commission shall report to Parliament and 
the Council on the operations implemented 
in the course of that year. 
20 
Article 18 
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. Article 17 
No amendment to the text 
21 

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