Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL - On aid for policies and actions on reproductive and sexual health and rights in developing countries

(presented by the Commission)

EXPLANATORY MEMORANDUM

The co-operation and development policy referred to in Article 179 of the Treaty establishing the European Community highlights the need for the Council, acting in accordance with the procedure referred to in Article 251, to adopt the measures necessary to further the objectives referred to in Article 177 of the Treaty.

Community policy in this area shall foster the sustainable and economic development of developing countries, the integration of developing countries into the world economy and the fight against poverty.

The sustained improvement in health and well-being of people in developing countries is an important outcome of development. Since the International Conference on Population and Development (ICPD), held in 1994, global progress has been made in terms of securing reproductive and sexual health and rights of women, men and adolescents in developing countries. Yet, much more remains to be done, in particular for those living in the poorest parts of the world.

In 1997, the Council adopted Regulation (EC) No 1484/97 on aid for population programmes and policies in developing countries, due to expire on 31 December 2002. The Regulation aimed at the implementation of major elements of the Cairo Plan of Action adopted at the ICPD which are still valid to date yet need an increased and accelerated effort in the light of achieving the Millennium Development Goals (MDGs) defined for maternal health and for child mortality.

This Regulation therefore replaces Council Regulation (EC) No 1484/97. It is to reinforce the Cairo Plan of Action by giving all couples and individuals the basic right and opportunity to fully protect their reproductive and sexual health, in particular against unsafe abortion and other existing harmful practises. It is to provide universal equal access to care, services and products. It is to reduce maternal mortality and morbidity rates, which are disproportionately high in developing countries, in particular amongst the poorest young girls and women. It is to give people the right to decide freely and responsibly the number and spacing of their children and to have the information, education and means to do so.

This budget heading demonstrates the specific importance the Community attaches to better reproductive health for poor people. It now reflects the Community's commitment to contribute to reaching the MDGs in the area of reproductive health by 2015, and the recently adopted Community policy on enhanced co-operation between the EC and other donors and international institutions, including the United Nations and the World Bank. Use will be made of the possibility to create new innovative partnerships with different actors, and to contribute, where appropriate and duly justified, to regional or global initiatives in an attempt to scale up resources needed for reproductive health in developing countries.

Compared to the previous regulation, the financial framework for the implementation of this Regulation reflects a considerable increase needed to scale up the resources needed for reproductive health in developing countries. The final amount shall be decided based on the APS 2003 decision, expected by the end of February 2002.

Operations under this Regulation form part of the Community's overall health and poverty policies within development co-operation. In this context, co-ordination, coherence and complementarity with other aid instruments and with the policies at national, regional and international levels, remain essential.

There is clearly a need for a revised legal instrument enabling operations to continue after 31 December 2002. For this reason, the Commission proposes to the Council and the European Parliament to adopt this Regulation.

2002/0052 (COD)

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL On aid for policies and actions on reproductive and sexual health and rights in developing countries

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 179 thereof,

Having regard to the proposal from the Commission [1],

[1] OJ C [...], [...], p. [...].

Acting in accordance with the procedure laid down in Article 251 of the Treaty,

Whereas:

(1) The European Community is deeply concerned by the reproductive and sexual health conditions of women and men aged 15 to 49 in developing countries. High maternal mortality and morbidity rates and the lack of a full range of safe and reliable reproductive and sexual health services undermine all efforts to increase economic development, expand opportunities and safeguard livelihoods in developing countries,

(2) Individual freedom of choice for women, men and adolescents through adequate access to information and services in matters concerning their reproductive and sexual health and rights is a significant element of progress and development,

(3) The right to good health is a fundamental human right recognised by Article 25 of the Universal Declaration of Human Rights. This right is being denied to over a fifth of the world's population,

(4) Article 35 of the Charter of Fundamental Rights of the European Union calls for a high level of human health protection in the definition and implementation of all Union policies and activities,

(5) The Community is determined to make a full contribution towards achieving the Millennium Development Goals of reducing by three-quarters the rate of maternal mortality and attaining access to reproductive health world-wide,

(6) The Community and its Member States have contributed greatly to the wider effort to support policies and programmes on reproductive and sexual health and rights in developing countries and should continue to play a leading role in this area,

(7) Both the European Parliament and the Council have called for greater efforts by the Community in the area of reproductive and sexual health and rights in developing countries,

(8) The International Conference on Population and Development (ICPD) held in Cairo in 1994, followed by the ICPD + 5 in 1999, set out an ambitious agenda for tackling population, reproductive and sexual health and rights issues,

(9) Since the ICPD, progress has been made, yet there is still much to be done to ensure that every woman has the chance of a health pregnancy and of giving birth in safe conditions, that the needs of young people are met and that the violence and abuse suffered by women is stopped,

(10) The Community upholds the right of individuals to decide freely on the number and spacing of their children; it condemns any violation of human rights in the form of compulsory abortion, compulsory sterilisation, infanticide, or the rejection, abandonment or abuse of unwanted children as a means of curbing population growth,

(11) No support is to be given under this Regulation to incentives to encourage sterilisation or abortion as a means of family planning nor to the improper testing of contraception methods in developing countries,

(12) Council Regulation (EC) No 1484/97 of 22 July 1997 on aid for population policies and programmes in developing countries [2], which is applicable until 31 December 2002, is rendered obsolete by the present Regulation and should therefore be repealed,

[2] OJ L 202, 30.07.1997

(13) The present Regulation lays down, for the entire duration of the programme it establishes, a financial framework constituting the prime reference, within the meaning of point 33 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission of 6 May 1999 on budgetary discipline and improvement of the budgetary procedure [3], for the budgetary authority during the annual budgetary procedure,

[3] OJ C 172, 18.6.1999, p. 1.

(14) Since the measures necessary for the implementation of this Regulation are management measures within the meaning of Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission [4], they should be adopted by use of the management procedure provided for in Article 4 of that Decision,

[4] OJ L 184, 17.7.1999, p. 23.

(15) In accordance with the principles of subsidiarity and proportionality set out in Article 5 of the Treaty, the objective of the proposed action, namely to improve sexual and reproductive health and to secure respect for the rights related thereto, with particular reference to developing countries, cannot be attained by the Member States acting alone and, by reason of the scale and effects of the proposed action, can therefore only be achieved by the Community. This Regulation confines itself to the minimum required to achieve that objective and does not go beyond what is necessary for that purpose,

HAVE ADOPTED THIS REGULATION:

Chapter I

Purpose and scope

Article 1

(1) The Community shall support actions to improve reproductive and sexual health in developing countries and to secure respect for the rights related hereto.

(2) The Community shall provide financial assistance and appropriate expertise with a view to promoting the recognition of reproductive and sexual rights, safe motherhood and universal access to a comprehensive range of safe and reliable reproductive and sexual health services.

(3) In the allocation of such funding and expertise, priority shall be given to:

(a) the poorest and least developed countries and the most disadvantaged sections of the population of developing countries;

(b) action that complements and reinforces both the policies and capacities of developing countries and the assistance provided through other instruments of development co-operation.

Article 2

The purpose of activities carried out under this Regulation shall be:

(a) Secure the right of women, men and adolescents to good reproductive and sexual health;

(b) Enable women, men and adolescents to have access to a comprehensive range of safe and reliable reproductive and sexual health care services and products;

(c) Reduce maternal mortality rates, with particular reference to the countries and populations where these are highest.

Article 3

(1) Community financial support shall be given to specific operations designed to attain the objectives described in Article 2 (1), and, in particular to those which aim to:

(a) support and promote policy and operational frameworks and action, tailored to meet specific targets for the progressive realisation of people's rights to adequate basic health services and accountable service providers;

(b) ensure that poor people have better access to quality reproductive and sexual health services, offering them, in particular, contraceptive choice and the prevention and diagnosis of sexually transmitted infection;

(c) provide adolescents with the necessary information, services and skills to protect their reproductive and sexual health and avoid unwanted pregnancies;

(d) fight against harmful practises such as female genital mutilation;

(e) ensure the availability of more effective, affordable and acceptable methods of contraception and protection from sexually transmitted infection;

(f) promote comprehensive maternal health programmes, for the provision of ante-natal care and the establishment of a professional body of skilled birth attendants;

(g) provide emergency obstetric care and post-partum care, with particular attention to the prevention and treatment of haemorrhage, hypertension and infection.

(2) In order to implement the above, particular attention shall be given to the need to improve the health systems of developing countries. In addition, with a view to ensuring that improvements in health and well-being are sustainable, all operations shall be conducted in tandem with broad-based investments in the social sector, covering education, community action, equity and gender awareness, environmental improvement, economic well-being, food-security and nutrition.

Article 4

(1) In the context of the operations referred to in Article 3, Community support may take the form of:

(a) funding of research and programmes for action (which shall, as far as possible be carried out by or in collaboration with experts or institutions of the partner country);

(b) technical assistance, training or other services;

(c) supplies, such as medical supplies, commodities and works;

(d) audits, evaluation and monitoring missions.

Priority shall be given to enhancing national capacity with a view to long-term viability.

(2) Community financing may cover both investment expenditure, excluding the purchase of real estate, and, in exceptional and duly substantiated cases, taking into account the fact that the operation must, as far as possible, aim at medium-term viability, recurring expenditure as well (including administrative expenditure, maintenance and running costs), the operation of which temporarily represents a burden for the partner, so that the maximum use is made of the support referred to in paragraph 1.

Chapter II

Implementation of aid

Article 5

(1) Community financing under this Regulation shall take the form of grants.

(2) A financial contribution from the partners defined in Article 6 shall be sought for each co-operation operation. In specifying the amount of the contribution requested, regard shall be had to the capacity of the partners concerned and the nature of the operation in question. In certain circumstances, the contribution may be in kind if the partner is either a non-governmental organisation (NGO) or a community-based organisation.

(3) The provision of financial assistance under this Regulation may entail co-financing with other donors, in particular with Member States, the United Nations, and international or regional development banks or financial institutions.

Article 6

(1) The partners eligible for financial assistance under this Regulation include:

(a) administrative authorities and agencies at national, regional and local government levels;

(b) local authorities and other decentralised bodies;

(c) local communities, NGOs, community-based organisations and other not-for-profit natural and legal persons from the private sector;

(d) regional organisations;

(e) international organisations, such as the United Nations and its agencies, as well as development banks, financial institutions, global initiatives, international public/private partnerships;

(f) research institutes and universities.

(2) Without prejudice to paragraph 1(e), Community financial assistance shall be available to partners whose head office is located in a Member State or in a third country that is a beneficiary or potential beneficiary of Community assistance under this Regulation, provided that this office is the actual centre directing business operations. In exceptional cases, this office may be located in another third country.

Article 7

(1) Where operations are the subject of financing agreements between the Community and countries, which benefit from operations financed under this Regulation, the agreements shall stipulate that the payment of taxes, duties and charges shall not be financed by the Community.

(2) Any financing agreement or contract concluded under this Regulation shall stipulate that it is subject to the supervision and financial control of the Commission which may carry out spot-checks and inspections, and to audits by the Court of Auditors, in accordance with the usual arrangements laid down by the Commission under the provisions in force, particularly those in the Financial Regulation applicable to the general budget of the European Communities.

(3) The necessary measures shall be taken to emphasise the Community character of aid provided under this Regulation.

Article 8

(1) Participation in invitations to tender for the award of contracts shall be open on equal terms to all natural and legal persons in the Member States and in all developing countries. It may be extended, in exceptional cases, to other third countries.

(2) Supplies shall originate in the beneficiary country, other developing countries or the Member States. In exceptional cases, supplies may originate from other third countries.

Article 9

(1) In order to secure the objectives of consistency and complementarity referred to in the Treaty and to ensure maximum effectiveness of these operations as a whole, the Commission may take all necessary coordination measures, including:

(a) establishing a system for the systematic exchange and analysis of information on the operations financed and those which the Community and the Member States propose to finance;

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

(2) The Commission, in liaison with the Member States, may take any initiative necessary for ensuring proper co-ordination with the other donors concerned, in particular those forming part of the United Nations system.

Chapter III

Decision-making procedures

Article 10

(1) The financial framework for the implementation of this Regulation for the period from 2003 to 2006 is hereby set at .. million Euro [to be decided APS 2003]..

(2) The annual appropriation shall be authorised by the budgetary authority within the limits of the financial perspective.

Article 11

(1) The Commission shall be responsible for drafting strategic programming guidelines, defining the Community's co-operation in terms of measurable objectives, priorities, deadlines for specific areas of action, assumptions and expected outcomes. Programming is annual and indicative.

(2) An annual exchange of views with the Member States shall take place on the basis of a presentation by the representative of the Commission of the strategic programming guidelines for the operations to be carried out, within the Committee referred to in Article 13 paragraph 1.

Article 12

(1) The Commission shall be responsible for appraising, deciding and administering the operations covered by this Regulation in accordance with the budgetary and other procedures in force, in particular those laid down in the Financial Regulation applicable to the general budget of the European Communities.

(2) Decisions concerning operations for which financing under this Regulation exceeds 5 million Euro and any changes to these operations that entail a cost overrun of more than 20% of the amount initially fixed for the operation concerned, shall be adopted in accordance with the procedure referred to in Article 13, paragraph 2.

(3) For decisions and changes to these operations amounting to 5 million Euro or less, the Commission will inform the Member States.

Article 13

(1) The Commission shall be assisted by the geographically determined committee competent for development.

(2) Where reference is made to this paragraph, the management procedure laid down in Article 4 of Decision 1999/468/EC shall apply, in compliance with Article 7 and Article 8 thereof.

(3) The period provided for in Article 4, paragraph 3, of Decision 1999/468/EC shall be set at 45 days.

Chapter IV

Reporting and financial provisions

Article 14

(1) After each budget year, the Commission shall submit in its annual report on EC development policy to the European Parliament and to the Council, information on the operations financed in the course of that year and the Commission's conclusions on the implementation of this Regulation over the previous budget year. The summary shall in particular provide information about the strengths and weaknesses of operations, those with whom contracts have been concluded as well as the results of any independent evaluations of specific operations.

(2) One year before the expiry of this Regulation, the Commission shall submit an independent appraisal report on the implementation of this Regulation to the European Parliament and the Council with a view to establishing whether its objectives have been achieved and providing guidelines for improving the effectiveness of future operations. On the basis of this appraisal report the Commission may make proposals for the future of this Regulation and, if necessary, proposals for its amendment.

Article 15

Regulation No 1484/97 is hereby repealed. Operations that have been decided under Regulation No 1484/97 shall continue to be implemented under that Regulation.

Article 16

(1) This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.

(2) It shall apply until 31 December 2006.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, [...]

For the European Parliament For the Council

The President The President

LEGISLATIVE FINANCIAL STATEMENT

Policy area(s): Development and Relations with ACP countries

Activity(ies): Development co-operation policies and sectoral strategies

Title of action: reproductive and sexual health and rights

1. BUDGET LINE + HEADING - B7-6312 - On aid for policies and actions on reproductive and sexual health and rights in developing countries

2. OVERALL FIGURES

2.1. Total allocation for action (Part B): to be decided - following the APS 2003 decision

2.2. Period of application: 1.1.2003 - 31.12.2006

2.3. Overall multi-annual estimate on expenditure*

a) Schedule of commitment appropriations/payment appropriations (financial intervention)

EUR thousand (to 3rd decimal place)

// 2002

Commitments // 8,079.900

Payments // 9,141.900

b) Technical and administrative assistance and support expenditure

EUR thousand (to 3rd decimal place)

Commitments // 514.100

Payments // 514.100

EUR thousand (to 3rd decimal place)

Subtotal a+b //

Commitments // 8,594.000

Payments // 9,656.000

c) Overall financial impact of human resources and other administrative expenditure

EUR thousand (to 3rd decimal place)

Commitments/ payments // 272.000

TOTAL a+b+c //

Commitments // 8,866.000

Payments // 9,928.000

* to be decided - Budget 2002 for information purposes

2.4. Compatibility with the financial programming and the financial perspective

( Proposal compatible with the existing financial programming

X This proposal will entail reprogramming of the relevant heading in the financial perspective

( This may entail application of the provisions of the Interinstitutional Agreement.

2.5. Financial impact on revenue:

X No financial implications (involves technical aspects regarding implementation of a measure)

3. BUDGET CHARACTERISTICS

>TABLE POSITION>

4. LEGAL BASIS

Attached in Commission proposal

5. DESCRIPTION AND GROUNDS

5.1. Need for Community intervention

5.1.1. Objectives pursued

Activities to be carried out under this Regulation shall aim to:

(a) Secure the right of women, men and adolescents to good reproductive and sexual health;

(b) Enable women, men and adolescents to have access to a comprehensive range of safe and reliable reproductive and sexual health care services and products;

(c) Reduce maternal mortality rates, with particular reference to the countries and populations where these are highest.

5.1.2. Measures taken in connection with ex ante evaluation

The Commission has been actively involved in support for the health sector in developing countries, in particular for reproductive health issues, since 1990. Lessons from the past reflected in recommendations from in-house evaluations and audits of this special budget line and support to Health, AIDS and Population in general, and lessons from other donors and international organisations, have shown that a coherent and comprehensive approach is needed, based on new ways of working with and within partner countries and ultimate beneficiaries, and amongst donors, the private sector, politicians and other stakeholders.

The EC Strategy paper on Safer Motherhood, developed in November 2000 will serve the basis for financial assistance. This strategy has been elaborated after extensive discussions with experts from developing and developed countries, Member States, international organisations. Before any programming, identification and commitment from this budget line will take place, the Commission will develop a coherent framework on expected results/outcomes and indicators to measure them, on assumptions and risks and on the volume of appropriations.

Specific targets and indicators will follow the Millennium Development Goals defined for maternal health. Proposed indicators are: maternal mortality ratio and proportion of birth attended by skilled health personnel, yet additional indicators, reflecting inter alia quality and equity, will be further elaborated with all parties concerned.

5.1.3. Measures taken following ex post evaluation

The management of the interventions financed from the budget line will be continuously monitored by means of a monitoring system, involving the relevant partners and actors concerned and working with clear progress and outcome indicators (as referred to in 5.1.2.). All programmes or actions financed from this budget line shall be subject to an ex post evaluation in terms of the human and financial resources allocated and the results obtained in order to verify that they were in keeping with the objectives set. To this end, a timetable shall be set which will allow the findings of the evaluation to be taken into account for any decision on the continuation, modification or suspension of the programme or action.

5.2. Actions envisaged and arrangements for budget intervention

Financial support shall be given to operations following the objectives described above, and in particular, to those which aim to:

(a) support and promote policy and operational frameworks and action, tailored to meet specific targets for the progressive realisation of people's rights to adequate basic health services and accountable service providers;

(b) ensure that poor people have better access to quality reproductive and sexual health services, offering them, in particular, contraceptive choice and the prevention and diagnosis of sexually transmitted infection;

(c) provide adolescents with the necessary information, services and skills to protect their reproductive and sexual health and avoid unwanted pregnancies;

(d) fight against harmful practises such as female genital mutilation;

(e) ensure the availability of more effective, affordable and acceptable methods of contraception and protection from sexually transmitted infection;

(f) promote comprehensive maternal health programmes, for the provision of ante-natal care and the establishment of a professional body of skilled birth attendants;

(g) provide emergency obstetric care and post-partum care, with particular attention to the prevention and treatment of haemorrhage, hypertension and infection.

5.3. Methods of implementation

In the context of the operations referred to above, Community support may take the form of:

(a) funding of research and programmes for action (which shall, as far as possible be carried out by or in collaboration with experts or institutions of the partner country);

(b) technical assistance, training or other services;

(c) supplies, such as medical supplies, commodities and works;

(d) audits, evaluation and monitoring missions.

Priority shall be given to enhancing national capacity with a view to long-term viability.

Community financing may cover both investment expenditure, excluding the purchase of real estate, and, in exceptional and duly substantiated cases, taking into account the fact that the operation must, as far as possible, aim at medium-term viability, recurring expenditure as well (including administrative expenditure, maintenance and running costs), the operation of which temporarily represents a burden for the partner, so that the maximum use is made of the support referred to in paragraph 1.

The effectiveness of programmes to support national reproductive health strategies partly depends on improved co-ordination of aid both at European level and at international level, including partnerships with the private sector, and on the use of procedures tailored to the specific nature of the activities and the partners concerned.

6. FINANCIAL IMPACT

6.1. Total financial impact on Part B - NOT APPLICABLE pending on APS 2003

6.2. Calculation of costs by measure envisaged in Part B (over the entire programming period) - NOT APPLICABLE pending on APS 2003

7. IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE

7.1. Impact on human resources

>TABLE POSITION>

7.2. Overall financial impact of human resources

>TABLE POSITION>

The amounts are total expenditure for twelve months. The needs for human and administrative resources shall be covered within the allocation granted to the managing DG in the framework of the annual allocation procedure.

7.3. Other administrative expenditure deriving from the action

>TABLE POSITION>

The amounts are total expenditure for twelve months.

(1) Specify the type of committee and the group to which it belongs.

I. Annual total (7.2 + 7.3)

II. Duration of action

III. Total cost of action (I x II) // EUR 272 000

1 Year

EUR 272 000

8. FOLLOW-UP AND EVALUATION

8.1. Follow-up arrangements

After each budget year, the Commission shall submit in its annual report on EC development policy to the European Parliament and to the Council, information on the operations financed in the course of that year and the Commission's conclusions on the implementation of this Regulation over the previous budget year. The summary shall in particular provide information about the strengths and weaknesses of operations, those with whom contracts have been concluded as well as the results of any independent evaluations of specific operations.

8.2. Arrangements and schedule for the planned evaluation

A mid-term exchange of views shall take place on the basis of a presentation by the representative of the Commission of the multi-annual strategic guidelines for the operations to be carried out in the years ahead, within the geographically competent Committee. Guidelines will include, as far as possible, measurable objectives and deadlines for specific actions.

One year before the expiry of this Regulation, the Commission shall submit an independent appraisal report on the implementation of this Regulation to the European Parliament and the Council with a view to establishing whether its objectives have been achieved and providing guidelines for improving the effectiveness of future operations. The appraisal will assess the effectiveness of action taken following performance audits and independent evaluations.

9. ANTI-FRAUD MEASURES

Joint evaluations and reviews will be carried out in agreement with the community of donors and partner countries according the agreed Community rules and standards.