P6_TA(2006)0308
Instrument for Pre-Accession Assistance (IPA) *
European Parliament legislative resolution on the proposal for a Council regulation establishing
an Instrument for Pre-Accession Assistance (IPA) (COM(2004)0627 — C6-0047/2005 —
2004/0222(CNS))
(Consultation procedure)
The European Parliament,
—having regard to the Commission proposal to the Council (COM(2004)0627) (1),
—having regard to Article 181a of the Treaty establishing the European Community, pursuant to which
the Council consulted Parliament (C6-0047/2005),
—having regard to the Declaration of the Commission on the Democratic Scrutiny and Coherence of
External Actions annexed to the Interinstitutional Agreement of 17 May 2006 on budgetary discipline
and sound financial management (2) and the related exchange of letters,
—having regard to the statement made by the Commission at the plenary sitting of the European
Parliament of 17 May 2006 that “the Commission will take due account of any request made by the
European Parliament to the Commission to submit a proposal to suspend or restore Community assis-
tance and will provide a prompt and sufficiently detailed reply thereto”,
—having regard to Rule 51 of its Rules of Procedure,
—having regard to the report of the Committee on Foreign Affairs and the opinions of the Committee on
International Trade, the Committee on Budgets, the Committee on Regional Development and the Com-
mittee on Agriculture and Rural Development (A6-0155/2006),
1. Approves the Commission proposal as amended;2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;
3. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;
4. Asks the Council to consult Parliament again if it intends to amend the Commission proposal
substantially;
5. Instructs its President to forward its position to the Council and Commission.
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 1
Recital 2a (new)
(2a) The European Parliament has welcomed the addition,
by the Treaty of Nice, of Article 181a to the Treaty establishingthe European Community (the EC Treaty), but reiterated itsposition that, given the political and budgetary importance ofpre-accession assistance, it would be highly desirable to adopt
the measures necessary for the implementation of economic,
financial and technical cooperation with States which are can-didates for accession to the Union in accordance with the pro-cedure laid down in Article 251 of the EC Treaty.13.12.2006 798 Il-Ġurnal Uffiċjali ta' l-Unjoni Ewropea
Il-Ħamis, 6 ta' Lulju 2006MT
(1) Not yet published in OJ.
(2) OJ C 139, 14.6.2006, p. 1.
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 2
Recital 11
(11) Assistance for Candidate Countries as well as for potential
Candidate Countries should continue to support them in their
efforts to strengthen democratic institutions and the rule oflaw, reform public administration, respect human as well as
minority rights, support the development of civil society and
advance regional cooperation as well as reconciliation andreconstruction, and contribute to sustainable development andpoverty reduction in these countries, and should therefore be
targeted to support a wide range of institution building measu-res,(11) Assistance for candidate countries as well as for potential
candidate countries under this Regulation, and for other entities
such as individuals and non-governmental organisationsunder a separate instrument devoted to the promotion of
human rights and democracy, should continue to support
them in their efforts to strengthen democratic institutions andthe rule of law, carry out economic reforms aimed at the pro-
motion of a market economy and free and fair trade, reform
public administration, prepare EU-compatible National Deve-
lopment Plans, respect human as well as minority rights, pro-
mote gender equality, support the development of civil society ,
including institution-building for NGOs, improve consumerrights, and advance regional cooperation as well as reconcilia-
tion and reconstruction, and contribute to sustainable develop-ment and poverty eradication in these countries, and should
therefore be targeted to support a wide range of institution
building measures.
Amendment 3
Recital 13
(13) Assistance for potential Candidate Countries may include
some alignment with the acquis communautaire as well as sup-
port for investment projects,(13) Assistance for potential candidate countries may include
some alignment with the acquis communautaire, facilitating the
formulation of EU-compatible provisional NationalDevelopment Plans aiming to build institutional absorptioncapacity for future EU assistance, especially in the areas ofrural, infrastructure and human resources development, as
well as support for investment projects.
Amendment 4
Recital 14
(14) Assistance should be provided on the basis of a com-
prehensive multi-annual strategy , taking into account the prio-
rities of the Stabilisation and Association process, as well as
those deriving from the pre-accession process,(14) Assistance should be provided on the basis of a com-
prehensive multi-annual strategy that reflects the priorities of
the Stabilisation and Association process, the domestic reform
objectives of beneficiary countries, as well as the strategic
priorities defined by the European Parliament for the pre-
accession process.
Amendment 5
Recital 16a (new)
(16a) Potential candidate countries and candidate countries
who have not yet been accredited to manage funds in adecentralised manner should however be eligible, under theTransition Assistance and Institution Building component,for measures and actions of a similar nature to those whichwill be available under the Regional Development component,
the Human Resource Development component and the Rural
Development component.13.12.2006 799 Il-Ġurnal Uffiċjali ta' l-Unjoni Ewropea
Il-Ħamis, 6 ta' Lulju 2006MT
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 6
Recital 17
(17) Assistance should be managed in accordance with the
rules for External Aid contained in Regulation (EC)
1605/2002, making use of the structures that have proved
their worth in the pre-accession process, such as decentralisedmanagement, Twinning and TAIEX, but should also allow forinnovative approaches such as the implementation throughMember States via shared management in case of cross-borderprogrammes on the external borders of the European Union,(17) Assistance should be managed in accordance with the
rules for External Aid contained in Regulation (EC, Euratom)
No1605/2002, making use of the structures that have proved
their worth in the pre-accession process, such as decentralisedmanagement, Twinning and TAIEX, but should also allow forinnovative approaches such as the implementation throughMember States via shared management in case of cross-borderprogrammes on the external borders of the European Union.
The transfer of knowledge and expertise regarding the imple-
mentation of the acquis communautaire, from Member Stateswith relevant experience to the beneficiaries of thisRegulation, should be particularly beneficial in this context.
Amendment 7
Recital 18
(18) The actions necessary for the implementation of the
Transition Assistance and Institution Building Component as
well as the Regional and Cross-Border Co-operationComponent are management measures relating to the imple-mentation of programmes with substantial budgetary implica-tions, they should therefore be adopted in accordance withCouncil Decision 1999/468 of 28 June 1999 laying down the
procedures for the exercise of implementing powers conferred
to the Commission, by submitting multi-annual indicativeplanning documents to a Management Committee,(18) The actions necessary for the implementation of the
Transition Assistance and Institution Building Component as
well as the Regional and Cross-Border Co-operationComponent are management measures relating to the imple-mentation of programmes with substantial budgetary implica-tions, they should therefore be adopted, having regard to therecommendation of the European Parliament, in accordance
with Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing powersconferred to the Commission, by submitting multi-annual indi-cative planning documents to a Management Committee.
Amendment 8
Recital 22
(22) Where a beneficiary country violates the principles the
European Union is founded on, or makes insufficient progress
with respect to the Copenhagen Criteria and the priorities set
down in the European or Accession Partnership, the Councilmust, on the basis of a proposal from the Commission, be in aposition to take the necessary measures,(22) Where a beneficiary country violates the principles the
European Union is founded on, or makes insufficient progress
with respect to the Copenhagen criteria and the priorities set
down in the European or Accession Partnership or the provi-
sions of the Accession Treaty , the Council must, on the basis
of a proposal from the Commission and after consulting the
European Parliament, be in a position to take the necessary
measures, in which case the Commission should initiate, wit-
hin the framework of this Regulation, specific action aimedat resolving the problems hindering the pre-accession oraccession process.13.12.2006 800 Il-Ġurnal Uffiċjali ta' l-Unjoni Ewropea
Il-Ħamis, 6 ta' Lulju 2006MT
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 9
Article 2, paragraph 1, point a
(a) strengthening democratic institutions and the rule of law, (a) strengthening democratic institutions and the rule of law
and its enforcement, and promoting accountability andtransparency,
Amendment 10
Article 2, paragraph 1, point c
(c) economic reform, (c) market-oriented economic reform to build a sustainable
social, environmentally-friendly and competitive economy,by progressive price and trade liberalisation, gradual inte-
gration into the customs union, accession to the
World Trade Organization (WTO) and the implementa-tion of WTO rules and those resulting from the DohaDevelopment Agenda,
Amendment 11
Article 2, paragraph 1, point ca (new)
(ca) preparation of EU-compatible provisional National
Development Plans aimed at building institutional
absorption capacity for future EU assistance, especiallyin the areas of rural, infrastructure and human resourcesdevelopment,
Amendment 12
Article 2, paragraph 1, point da (new)
(da) the promotion of gender equality,
Amendment 14
Article 2, paragraph 1, point e
(e) the development of civil society, (e) the development of civil society, citizenship and free, inde-
pendent media, including institutional development and
support for non-governmental organisations,
Amendment 15
Article 2, paragraph 1, point ea (new)
(ea) the economic and social integration of vulnerable
groups, particularly women,
Amendment 16
Article 2, paragraph 1, point f
(f) reconciliation, confidence building measures and recons-
truction,(f) reconciliation, return of refugees, confidence building mea-
sures and reconstruction,13.12.2006 801 Il-Ġurnal Uffiċjali ta' l-Unjoni Ewropea
Il-Ħamis, 6 ta' Lulju 2006MT
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 13
Article 2, paragraph 2, point b
(b) social and economic development, (b) social, economic and territorial development and
cohesion.
Amendment 17
Article 3, paragraph 3
(3) Acting in accordance with the procedure set down in
Article 11 (1) (a) of this Regulation, the Commission shalladopt rules for the implementation of this Regulation. Where
these rules concern the implementation of Article 7 to 9 of
this Regulation, the Committees responsible for the Compo-nent in question shall be consulted first, following the proce-dure set down in Article 3 of Decision 1999/468/EC, in com-pliance with Article 7 (3) thereof.3. Acting in accordance with the procedure set down in
Article 11 (1) (a) of this Regulation, the Commission shalladopt rules for the implementation of this Regulation. Where
these rules concern the implementation of Article 7 to 9 of
this Regulation, the Committees responsible for the Compo-nent in question shall be consulted first, following the proce-dure set down in Article 3 of Decision 1999/468/EC, in com-pliance with Article 7 (3) thereof. The implementing instru-
ments shall be presented to the European Parliament for its
opinion before their adoption.
Amendment 18
Article 4, paragraph 1
(1) The Commission shall, on the basis of a strategic
approach, taking into consideration the financial perspective,as well as the European Partnerships and Accession
Partnerships, establish an indicative multi-annual framework
with an allocation of funds by component and country, andwhere appropriate per theme. This shall be reviewed annually,taking into account a set of objective criteria including absorp-tion capacity, needs assessment, respect of conditionalities, andcapacity of management. It shall also be reviewed, where
appropriate, in view exceptional assistance measures or interim
response programmes adopted under the Regulation establis-hing the Stability Instrument. The funds allocated to cross-bor-der co-operation programmes with Member States shall be atleast equivalent to the corresponding financing from the Euro-
pean Regional Development Fund.1. The Commission, having regard to the recommendation
of the European Parliament, shall, on the basis of a strategic
approach, taking into consideration the financial perspective,
as well as the European Partnerships and Accession
Partnerships, establish an indicative multi-annual frameworkwith an allocation of funds by component and country, andwhere appropriate per theme. This shall be reviewed annuallyhaving regard to the recommendation of the European Parlia-ment, taking into account a set of objective criteria including
absorption capacity, needs assessment, respect of conditionali-
ties, and capacity of management. It shall also be reviewed by
a similar procedure, where appropriate, in view exceptionalassistance measures or interim response programmes adoptedunder the Regulation establishing the Stability Instrument. The
funds allocated to cross-border co-operation programmes with
Member States shall be at least equivalent to the correspondingfinancing from the European Regional Development Fund.
Amendment 19
Article 4, paragraph 2
(2) The indicative multi-annual framework shall be commu-
nicated annually by the Commission to the Council and the
European Parliament.2. The indicative multi-annual framework shall be commu-
nicated in due time annually by the Commission to the Coun-
cil and the European Parliament. In its annual report, the
Commission shall set out in detail the extent to which theEuropean Parliament's recommendations have been takeninto consideration. Should it deviate from the recommenda-tions of the European Parliament, the Commission shall giveits reasons for doing so.13.12.2006 802 Il-Ġurnal Uffiċjali ta' l-Unjoni Ewropea
Il-Ħamis, 6 ta' Lulju 2006MT
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 20
Article 4, paragraph 2a (new)
2a. The procedure provided for under paragraphs 1 and 2
shall be without prejudice to the European Parliament's pre-rogatives as budgetary authority under the Treaty.
Amendment 21
Article 6, paragraph 2
(2) Such cooperation shall have the objective of fostering
stability, security and prosperity in the mutual interest of all
countries concerned, and of encouraging their harmonious,balanced and sustainable development.2. Such cooperation shall have the objective of promoting
good neighbourly relations, fostering stability, security ,prospe-
rityand social cohesion in the mutual interest of all countries
concerned, and of encouraging their harmonious, balanced and
sustainable development.
Amendment 22
Article 10, paragraph 2a (new)
2a. In exceptional cases, where, in absence of agreement
between a Member State and a beneficiary country, imple-mentation tasks of a cross-border programme cannot be dele-
gated to Member States, those tasks may be administered in
some other appropriate way in accordance with Regulation(EC, Euratom) No 1605/2002. The Commission shall ensurecoordination and consistency between assistance provided bythis Regulation and assistance provided by other Community
instruments.
Amendment 23
Article 10, paragraph 5a (new)
5a. Before their implementation, the Commission shall
inform the European Parliament about the Community's aid
programmes under this Regulation. In order for this ex-ante
control to be carried out, the Commission's reports shallinclude all information concerning the actions proposed, thebeneficiaries thereof and the respective financing operations.
Amendment 24
Article 11, paragraph 3a (new)
3a. The Commission shall report to the European
Parliament on the proceedings of the Committees.13.12.2006 803 Il-Ġurnal Uffiċjali ta' l-Unjoni Ewropea
Il-Ħamis, 6 ta' Lulju 2006MT
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 25
Article 12, paragraph 1
(1) Assistance under this Regulation may, inter alia, finance
investments, procurement contracts, grants, including interest
rate subsidies, special loans, loan guarantees and financial assis-tance, budgetary support, and other specific forms of budge-
tary aid, and the contribution to the capital of international
financial institutions or the regional development banks. Bud-
getary support is contingent on the administration of public
finances of the Partner Country being sufficiently transpa-
rent, reliable and efficient, and on well-defined sectorial ormacroeconomic policies approved by international financinginstitutions having been put in place.1. Assistance under this Regulation may, inter alia, finance
investments, procurement contracts, grants, including interest
rate subsidies, special loans, loan guarantees and financial assis-tance, and the contribution to the capital of internationalfinancial institutions or the regional development banks.
Amendment 26
Article 14, title
Implementation of Assistance Implementation of Assistance and its Visibility
Amendment 27
Article 14, paragraph 2a (new)
2a. The Commission shall promote detailed information
and publicity about the projects and programmes financed in
order to raise public awareness about the Community actionand its objectives.
Amendment 28
Article 14, paragraph 2b (new)
2b. The Commission shall ensure consistency between
assistance provided under this Regulation and assistance pro-vided under other external assistance instruments including aseparate instrument devoted to the promotion of humanrights and democracy, as well as Member States' bilateraloperations and funding from the EIB, other international
organisations and regional development banks.13.12.2006 804 Il-Ġurnal Uffiċjali ta' l-Unjoni Ewropea
Il-Ħamis, 6 ta' Lulju 2006MT
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 29
Article 17, paragraph 2
(2) Where a beneficiary country fails to respect these princi-
ples or the commitments contained in the relevant Partnershipwith the European Union or progress toward fulfilment of theaccession criteria is insufficient, the Council, acting by qualifiedmajority on a proposal from the Commission, may take appro-
priate steps with regard to any assistance granted under this
Regulation.2. Where a beneficiary country fails to respect these princi-
ples or the commitments contained in the relevant Partnershipwith or Accession Treaty to the European Union or progress
toward fulfilment of the accession criteria is insufficient, theCouncil, acting by aqualified majority on a proposal from the
Commission and after consulting the European Parliament,
may take appropriate steps with regard to any assistance gran-ted under this Regulation. In that case, the Commission shall
initiate, within the framework of this Regulation, specificaction aimed at resolving the problems hindering the pre-
accession or accession process.
Amendment 30
Article 17, paragraph 2a (new)
2a. The European Parliament may request the Commission
to submit a proposal to the Council pursuant to paragraph 2on taking appropriate steps with regard to any assistance
granted under this Regulation. The Commission shall submit
its proposal to the Council within 3 months of receiving therequest, or shall give its reasons for not doing so.
Amendment 31
Article 18
If a beneficiary country listed in Annex I of this Regulation is,
pursuant to a decision of the Council acting under Art. 49,
paragraph 1, first sentence of the Treaty on European Union,granted Candidate status, the Council, acting by qualified majo-rity on the basis of a proposal from the Commission will trans-fer that country from Annex I to Annex II.1. If a beneficiary country listed in Annex I of this regula-
tion is, pursuant to a decision of the Council acting underArticle 49, paragraph 1, first sentence of the Treaty on Euro-
pean Union, granted Candidate status, the Council, acting by a
qualified majority on the basis of a proposal from the Commis-sion, and after consulting the European Parliament, will
transfer that country from Annex I to Annex II.
Amendment 32
Article 18, paragraph 1a (new)
1a. If the European Council recognises a State as a poten-
tial candidate for membership of the European Union, theCouncil, acting by a qualified majority on the basis of a pro-posal from the Commission, and after consulting the Euro-
pean Parliament, shall include that country in Annex I.
Amendment 33
Article 20a (new)
Article 20a
1. Not later than 30 June 2010, the Commission shall
submit to the European Parliament and the Council a report
on the implementation of this Regulation together with a
legislative proposal introducing the necessary modifications.
2. The European Parliament and the Council, acting
on a proposal by the Commission, shall re-examine thisRegulation by 31 December 2013.13.12.2006 805 Il-Ġurnal Uffiċjali ta' l-Unjoni Ewropea
Il-Ħamis, 6 ta' Lulju 2006MT