A4-0135/99

Decision on common position (EC) No 15/99 adopted by the Council with a view to adopting a Council Regulation laying down the requirements for the implementation of development cooperation operations which contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms (5240/1/99 - C4-0036/99 - 97/0191(SYN))(Cooperation procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, 5240/1/99 - 97/0191(SYN) ((OJ C 58, 1.3.1999, p. 17.)),

- having regard to its opinion at first reading ((Minutes of 17.12.1998, Part II, Item 5.)) on the Council draft (9581/98),

- having been consulted by the Council pursuant to Articles 189c and 130w of the EC Treaty (C4-0036/99),

- 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 (A4-0135/99),

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>

Common position (EC) No 15/99 adopted by the Council with a view to adopting a Council Regulation laying down the requirements for the implementation of development cooperation operations which contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms

>Text following EP vote>

Common position (EC) No 15/99 adopted by the Council with a view to adopting a Council Regulation laying down the requirements for the implementation of development cooperation operations which contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms

and of the proper management of public affairs

(Amendment 2)

Recital 1

>Original text>

(1) Whereas procedures should be laid down for the implementation of development cooperation operations which contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms;

>Text following EP vote>

(1)

Whereas procedures should be laid down for the implementation of development cooperation operations which contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms and of the proper management of public affairs;

(Amendment 3)

Recital 2

>Original text>

(2) Whereas the Council has adopted simultaneously with this Regulation, Regulation (EC) No .../1999, laying down the requirements for the implementation of Community operations, other than those of development cooperation, which, within the framework of Community cooperation policy, contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms in third countries;

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(2)

Whereas the Council has adopted simultaneously with this Regulation, Regulation (EC) No .../1999, laying down the requirements for the implementation of Community operations, other than those of development cooperation, which, within the framework of Community cooperation policy, contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms and of the proper management of public affairs in third countries;

(Amendment 4)

Recital 3

>Original text>

(3) Whereas Community policy in the sphere of development cooperation contributes to the general objective of developing and consolidating democracy and the rule of law, and to that of respecting human rights and fundamental freedoms;

>Text following EP vote>

(3)

Whereas Community policy in the sphere of development cooperation contributes to the general objective of developing and consolidating democracy and the rule of law, and to that of respecting human rights and fundamental freedoms and of the proper management of public affairs;

(Amendment 5)

Recital 5

>Original text>

(5) Whereas Community action to promote human rights and democratic principles is guided by belief in the universality and indivisibility of human rights, principles that underpin the international system for the protection of human rights;

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(5)

Whereas Community action to promote human rights and democratic principles is guided by belief in the universality and indivisibility of human rights, principles that underpin the international system for the protection of human rights and constitute the very foundations of European integration;

(Amendment 6)

Recital 18

>Original text>

(18) Whereas the Community needs to be able to respond rapidly to emergencies or situations of particular importance in order to enhance the credibility and effectiveness of its commitment to the promotion of human rights and democratic principles in countries where such situations arise;

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(18)

Whereas the Community needs to be able to respond rapidly to emergencies or situations of particular importance in order to enhance the credibility, visibility and effectiveness of its commitment to the promotion of human rights and democratic principles in countries where such situations arise;

(Amendment 7)

Recital 23

>Original text>

(23) 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(1), is included in this Regulation for the entire duration of the programme, without thereby affecting the powers of the budgetary authority as they are defined by the Treaty;

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(1) OJ C 102, 4.4.1996, p. 4.

>Text following EP vote>

Deleted

(Amendment 8)

Article 1

>Original text>

The purpose of this Regulation is to lay down the procedures for the implementation of Community operations which, within the framework of Community development cooperation policy, contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms.

>Text following EP vote>

The purpose of this Regulation is to

set out the conditions, implementing procedures and forms of supervision for Community operations for development cooperation, the consolidation of democracy and the rule of law, and respect for fundamental rights, civil liberties and of the proper management of public affairs.

>Original text>

The operations referred to in this Regulation shall be implemented in the territory of developing countries or shall be directly related to situations arising in developing countries.

>Text following EP vote>

The operations referred to in this Regulation shall be implemented

, in the context of Community development cooperation policy, within developing countries or shall be directly related to situations affecting them.

(Amendment 9)

Article 2(1)(ca)(new)

>Original text>

>Text following EP vote>

(ca) support for refugees and displaced persons;

(Amendment 10)

Article 2(1)(i)

>Original text>

(i) the promotion of equality of opportunity and non-discriminatory practices, including measures to combat racism and xenophobia;

>Text following EP vote>

(i)

the promotion of equality of opportunity and non-discriminatory practices, including measures to combat racism, xenophobia and sexism;

(Amendment 11)

Article 2(2)(c)

>Original text>

(c) promotion of pluralism both at political level and at the level of civil society by strengthening the institutions needed to maintain the pluralist nature of that society, including non-governmental organisations (NGOs), and by promoting independent and responsible media and supporting a free press and respect for the rights of freedom of association and assembly;

>Text following EP vote>

(c)

promotion of pluralism both at political level and at the level of civil society by strengthening the institutions needed to maintain the pluralist nature of that society, including non-governmental organisations (NGOs), and by promoting independent, pluralist and responsible media and supporting a free press and respect for the rights of freedom of association and assembly;

(Amendment 12)

Article 3, introduction

>Original text>

Community support for these aims may include the financing of:

>Text following EP vote>

Community support for these aims may include

, within the limits laid down each year by the budget authority, the financing of:

(Amendment 13)

Article 4(1)

>Original text>

1. The partners eligible for financing under this Regulation are regional and international organisations, non-governmental organisations, national, regional and local authorities and official agencies, community-based organisations and public or private-sector institutes and operators.

>Text following EP vote>

1.

The partners eligible for financing under this Regulation are regional and international organisations, non-governmental organisations, national, regional and local authorities and official agencies, community-based organisations and public or private-sector institutes and operators. Whatever their ideological allegiance and whatever their links to political, social or other organisations, the partners shall under all circumstances undertake to disseminate, respect and promote, through their actions, democratic principles and human rights, without any kind of discrimination. With a view to actively involving those concerned, the Community shall take a particular interest in those - frequently small scale - activities which encourage grassroots democracy.

(Amendment 14)

Article 4(1a)(new)

>Original text>

>Text following EP vote>

1a. Where operations take the form of cooperation agreements between the Community and the beneficiary countries, those agreements shall lay down the conditions for the sustainability of the operations which are necessary to ensure their impact on progress in democracy and human rights and their continued effectiveness.

(Amendment 15)

Article 4(1b)(new)

>Original text>

>Text following EP vote>

1b. The Commission shall draw up an annual or multiannual programme for the operations to be carried out, ensuring the operations to be financed match the priorities set forth in the plan, on the basis of the appropriations available.

(Amendment 16)

Article 4(2)

>Original text>

2. Operations financed by the Community under this Regulation shall be implemented by the Commission either at the request of a partner referred to in paragraph 1 or on its own initiative.

>Text following EP vote>

2.

Operations financed by the Community under this Regulation shall be implemented by the Commission, in accordance with paragraph 1, either at the request of a partner referred to in that paragraph or on its own initiative.

(Amendment 17)

Article 6, introduction and (a) and (b)

>Original text>

Without prejudice to the institutional and political environment in which the partners referred to in Article 4(1) operate, the following factors shall in particular be considered when determining a body¨s suitability for Community funding:

>Text following EP vote>

Without prejudice to the institutional and political environment in which the partners referred to in Article 4(1) operate, the following factors shall in particular be considered

in addition to the provisions of Article 4, when determining a body¨s suitability for Community funding:

>Original text>

(a) its commitment to defending, respecting and promoting human rights and democratic principles in a non-discriminatory manner;

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Deleted

>Original text>

(b) its experience in the field of promoting human rights and democratic principles;

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(b) where appropriate, its experience in the field of promoting human rights and democratic principles;

(Amendment 18)

Article 8(1a)(new)

>Original text>

>Text following EP vote>

1a. The tendering procedure shall be modified to ensure equal opportunities for small-scale operators (small NGOs, local public administrations and agencies, etc.).

(Amendment 19)

Article 8(2)

>Original text>

2. Supplies shall originate in the Member States or the recipient country. They may originate in other countries in exceptional and duly justified cases.

>Text following EP vote>

2.

Supplies shall be obtained taking into account value for money and should preferably originate in the recipient country.

(Amendment 20)

Article 9

>Original text>

1. In the interests of consistency and complementarity and in order to maximise the overall effectiveness of operations, the Commission, in close cooperation with the Member States, may take any coordination measures necessary.

>Text following EP vote>

1.

In the interests of consistency and complementarity and in order to maximise the overall effectiveness of operations, the Commission, in close cooperation with the Member States, may take any coordination measures necessary.

>Original text>

2. In any case, for the purposes of paragraph 1, the Commission shall encourage:

>Text following EP vote>

2.

In any case, for the purposes of the provisions set out in the previous paragraph, the Commission shall encourage:

>Original text>

(a) the introduction of a system for the exchange and systematic analysis of information on operations financed or considered for financing by the Community and the Member States;

>Text following EP vote>

(a)

the introduction of a system for the exchange and systematic analysis of information on the planning of the operations to be carried out, the approval of each operation considered for financing by the Community and the Member States, and the progress of the operations already approved;

>Original text>

(b) the coordination of the implementation of operations on the spot by means of regular meetings for the exchange of information between the representatives of the Commission and the Member States in the recipient country;

>Text following EP vote>

(b)

the coordination of the implementation of operations on the spot by means of regular meetings for the exchange of information on the above matters between the representatives of the Commission, the European Parliament and the Council in the recipient country.

>Original text>

(c) the promotion of a coherent approach in relation to humanitarian assistance and, whenever possible, the integration of the protection of human rights within humanitarian assistance.

>Text following EP vote>

3. The Commission shall also, in close cooperation with the Member States, encourage the promotion of a coherent approach in relation to humanitarian assistance and, whenever possible, the integration of the protection of human rights within humanitarian assistance.

(Amendment 21)

Article 10

>Original text>

Article 10

>Text following EP vote>

Deleted

>Original text>

The financial reference amount for the implementation of this Regulation during the period 1999 to 2004 shall be EUR 260 million.

>Text following EP vote>

>Original text>

The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.

>Text following EP vote>

(Amendment 22)

Article 11

>Original text>

The Commission shall plan, appraise, decide upon and administer, monitor and evaluate operations under this Regulation in accordance with the budgetary and other procedures in force. It shall lay down the conditions for allocating, mobilising and implementing aid under this Regulation.

>Text following EP vote>

1. The Commission shall plan, appraise, decide upon and administer, monitor and evaluate operations under this Regulation in accordance with the provisions thereof and with the budgetary and other procedures in force, and in particular those laid down in the Financial Regulation applicable to the general budget of the European Communities.

>Original text>

>Text following EP vote>

2. The Commission shall lay down the conditions for allocating, mobilising and implementing aid under this Regulation, as well as the conditions for the sustainability of operations and the conditions required in order to give a higher profile to their impact on democracy and human rights.

(Amendment 23)

Article 12(1), 2nd indent

>Original text>

- programmes intended to provide a coherent framework for action in a given country or region or in a specific field where the scale and complexity of the needs identified are such that they seem likely to continue.

>Text following EP vote>

- the programme provided for under Article 4(1b), and all programmes intended to provide a coherent framework for action in a given country or region or in a specific field where the scale and complexity of the needs identified are such that they seem likely to continue;

>Original text>

>Text following EP vote>

- decisions on operations to be carried out on extraordinary or urgent grounds in addition to the programme provided for in Article 4(1b).

(Amendment 24)

Article 13

>Original text>

1. The Commission shall be assisted by a Human Rights and Democracy Committee, hereinafter referred to as 'the committee', composed of representatives of the Member States, and chaired by the representative of the Commission.

>Text following EP vote>

1.

The Commission shall be assisted by an advisory Committee called the Human Rights and Democracy Committee, hereinafter referred to as 'the committee', composed of representatives of Member States, and chaired by the representative of the Commission.

>Original text>

2. Where reference is made to this Article 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 proposal containing 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, taking a vote if necessary.

>Original text>

>Text following EP vote>

The opinion shall be entered in the minutes; in addition, each Member State shall have the right to ask for its opinion to be entered in the minutes.

>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 Commission shall take the utmost account of the opinion delivered by the committee. It shall inform it of the manner in which its opinion was taken into consideration.

>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.

>Text following EP vote>

The committee shall meet as a rule in public, unless a specific duly reasoned decision to the contrary is taken and published in good time. It shall publish draft agendas two weeks in advance of its meetings. It shall publish minutes of its meetings. It shall establish a public register of declarations of interest by its members.

>Original text>

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>

>Original text>

>Text following EP vote>

2a. These provisions shall be adopted in accordance with the position of the European Parliament on a new act laying down the principles for European Union committees chaired by the Commission and the implementing powers of the Commission.

>Original text>

>Text following EP vote>

In accordance with the agreement on commitology concluded between the European Parliament and the Commission and referred to in the European Parliament's resolution of 24 October 1996 on the draft general budget of the European Communities for the financial year 1997 - Section III - Commission(1), the Commission shall keep the European Parliament fully informed of the committee's work.

>Original text>

>Text following EP vote>

(1) OJ C 347, 18.11.1996, p. 125.

(Amendment 26)

Article 14(3a)(new)

>Original text>

>Text following EP vote>

3a. The Commission shall also inform the European Parliament of these emergency measures.

(Amendment 27)

Article 15

>Original text>

The Committee may examine any general or specific issues concerning Community aid in the field and should also play a useful role as a means for improving the coherence of the human rights and democratisation actions of the European Union towards third countries. Once a year it will examine the planning for the following financial year or discuss general guidelines for operations under this Regulation to be undertaken in the year ahead.

>Text following EP vote>

The Committee may examine any general or specific issues concerning Community aid in the field and should also play a useful role as a means for improving the coherence of the human rights and democratisation actions of the European Union towards third countries. Once a year it will examine the planning for the following financial year or discuss general guidelines for operations to be undertaken in the year ahead

, in the framework of a multiannual programme to be adopted first pursuant to this Regulation.

(Amendment 30)

Article 16(2a) (new)

>Original text>

>Text following EP vote>

2a. The Commission shall adopt measures with a view to establishing a code of conduct for entities involved in operations under the terms of the current Regulation, in order to optimise the fulfilment of its aims and the principles of effectiveness and efficiency in the implementation of these operations.

(Amendment 28)

Article 18(2)

>Original text>

2. At the close of each financial year, the Commission shall submit an annual report to the European Parliament and to the Council with a summary of the operations financed in the course of that year.

>Text following EP vote>

2.

The Commission shall submit a report to the European Parliament and to the Council each year. This report shall contain at least the following:

>Original text>

The summary shall contain information concerning the partners with which the operations referred to in Article 1 have been implemented.

The report shall also include a review of any external evaluation exercises which may have been conducted and may, if appropriate, propose specific operations.

>Text following EP vote>

(a) a detailed summary of the operations financed during the previous financial year;

(b) the planning for the current financial year and a statement of the progress made with regard to the operations included therein;

(c) the forecasts for the programme and the operations to be undertaken during the following financial year;

>Original text>

>Text following EP vote>

(d) a summary of the evaluation exercises conducted in accordance with the provisions of Article 16;

(e) information concerning the bodies in conjunction with which the operations referred to in Article 1 have been implemented.

>Original text>

>Text following EP vote>

2a. The annual report shall be submitted to the European Parliament during the first quarter so that the European Parliament can examine and assess it in good time before it considers and adopts the Community budget.

>Original text>

>Text following EP vote>

2b. The Commission report referred to in this Article shall be the subject of an annual debate in the European Parliament on the development of European cooperation in the field of human rights, progress towards the rule of law and the proper management of public affairs.

(Amendment 29)

Article 20, 2nd paragraph

>Original text>

It shall apply until 31 December 2004.

>Text following EP vote>

Deleted