PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON FINANCIAL AND TECHNICAL ASSISTANCE TO AND ECONOMIC COOPERATION WITH THE DEVELOPING COUNTRIES IN ASIA AND LATIN AMERICA
Date: 1991-04-11
Institutions: European Commission
Subjects: Asia, Latin America, developing countries, economic cooperation, financial cooperation, technical cooperation

COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0M(91) 104 fina 

Brussels, 11  ApriI 1991 

Proposal  for a 

COUNCIL  REGULATION (EEC) 

on  financial  and technical  assistance to 

and  economic  cooperation with  the developing 

countries  in Asia and Latin America 

(presented  by the Commission) 

- 2 -

EXPLANATORY  MEMORANDUM 

1. There are two main channels of cooperation between the Community and the 

developing countries in Asia and Latin America: 

(i) financial and technical assistance, and 

(ii) economic cooperation. 

Financial  and  technical  assistance, which  began  in  1976,  is  the main 

instrument  of  development  cooperation.  The objectives of  such  aid and 

the  rules  for  its  administration  are  at  present  governed  by  Council 

Regulation (EEC) No 442/81. 

Economic  cooperation, which  was  introduced  more  recently, comprises a 

number  of  different  instruments  (promotion  of  exports  and  European 

investments,  training, cooperation  in  the  fields  of  industry, energy, 

science  and  technology).  It  is  relatively  heterogeneous,  involves 

rather small sums and, so far, has not been governed by legislation. 

2.  In view of the profound changes which the developing countries concerned 

and  the  Community  itself  have  undergone  since  such  cooperation  began, 

the  Council  and  Parliament  have  asked  the  Commission  to  propose  new 

long-term guidelines for adapting Community policy to the new situation 

and  increasing  its effectiveness. 

3. In  June 1990  the  Commission  produced  such  a  paper, 1 on  the  basis  of 

which,  in December  1990, the Council  adopted conclusions on the general 

guidelines  for  Community  cooperation  with  the  developing  countries  in 

Asia and Latin America (ALA) over the next decade. 

In the  light of these conclusions and  in response to Parliament's desire 

that  the  legal  basis of Community  cooperation  be adjusted  in  line with 

the new situation and so as to make such cooperation more effective and 

more  transparent, the Commission undertook  to present  a new Regulation 

on cooperation policy. 

-  3  -

4. This  new  Regulation  has  been  drafted  so  as  to  enable  all  financial  and 

technical  assistance  and  economic  cooperation  to  take  place  within  the 
guidelines  proposed  by  the  Commission.1 

In short,  the  new guidelines  cover  the  following: 

4.1  Greater  attention  to  the question of  human  rights and  democracy. 

The  aim  of  cooperation  is  human  development.  Accordingly,  its 

implementation  requires  the  participation  of  both  women  and  men. 

Furthermore,  respect  for  human  rights  is  recognized  as  fundamental 

to  genuine  development,  in  which  cooperation  itself  is  seen  as 

contributing  to  the promotion of  such  rights. 

With  this  in  view,  development  policy  and  cooperation  take  into 

consideration  respect  for,  and  enjoyment  of,  fundamental  human 

rights  and 

freedoms  and  democratic  principles.  Accordingly, 

increased  Community  support  should  be  provided  for  those  countries 

which  are  most  committed  to  those  principles  and  in  particular  for 

practical  initiatives  taken  to  apply  such  principles  in  those 

countries.  Where 

human 

rights 

are 

violated 

and 

democratic 

principles  not  respected,  the  Community  may  alter  its  cooperation 

strategy  by  limiting  cooperation  to  only  those  schemes  which 

directly  benefit  needy  sections of  the  population. 

4.2  The 

need 

to  ensure 

that 

environmental 

considerations 

are 

systematically  taken  into account  in all  aid  and  cooperation  schemes 

and  that  a  significant  proportion  -  not  less  than  10% -  of  total 

resources  is set  aside  to  finance  specific  projects  in  the  field  of 

environmental  protection. 

Cooperation  on  the  environment  with  the  ALA  developing  countries  is 

essential  since  problems  which  relate  specifically  to  the  developing 

countries  (such  as  the  protection  of  tropical  rainforests)  are 

matters  of  global  concern,  and  since  these  countries  clearly  need 

technical  support  in handling  problems  relating  to  both  the  natural 

and  the urban  and  industrial  environment. 

1 C0M(90)176  final,  11.06.1990. 

-  4 -

4.3  Financial  and  technical  assistance  must  not  only  be  continued  and 

strengthened  but  also be better  adapted  to national  and  local  needs. 

This  form  of  aid  must  continue  as  in  the  past  to  be  directed 

primarily  at  improving  the  living  conditions  of  the  least-favoured 

strata  of  society  in the poorest  countries, but  may  be  extended,  in 

some cases, to the  relatively more  advanced  countries. 

Financial  and  technical  assistance  constitutes  the  main  instrument 

of  Community  development  aid,  which  also  includes  food  aid,  the 

export 

earnings 

stabilization 

mechanism, 

opportunities 

for 

co-financing  operations  undertaken  by  European  NGOs  and  various 

types of  emergency  and  humanitarian  aid, which  should  be  coordinated 

and, where  necessary,  combined. 

In  general,  development  aid  is  the  expression  of  the  Community's 

support  for  the  ALA  developing  countries,  which  face  serious 

problems 

(population 

growth, 

mass 

poverty, 

financial 

and 

environmental  difficulties),  for  which  they  alone  cannot  muster  all 

the necessary  resources  and  know-how. 

Within  the  range of  development  instruments, financial  and  technical 

assistance  aims  to transfer  funds and  to  target  know-how on  specific 

operations  (projects  or  programmes  of  a  variety  of  types)  with  a 

view  to  solving  general  or  sectoral  problems  or  undertaking  pilot 

schemes  aimed  at  developing  new strategies. 

Financial  and  technical  assistance  continues  to give  priority  to  the 

rural  sector  since  most  of  the  population  in  the  ALA  developing 

countries  belongs  to  this  sector  and  the  Community  has  solid 

experience  in such matters. 

Consideration  must  also  be  given  to other  fields  of  action  such  as 

regional  cooperation,  the  structural  dimension  of  development, 

natural  disasters,  etc.  When  schemes  are  drawn  up,  particular 

attention  must  be  given  to  aspects  such  as  the  role  of  women, 

problems  relating  to  population  growth,  the  fight  against  drugs, 

etc. 

-  5 -

4.4  Substantially  reinforced,  well  structured  and  efficient  economic 

cooperation  must  be  the  second  channel  of  cooperation  with  the  ALA 

developing  countries. 

The  fact  is  that  cooperation  with  these  countries,  and  particularly 

the  more  advanced  of  them,  cannot  be  limited  to  aid  but  must  help 

them  make  the  most  of  the  prospects  opened  up  by  the  growth  of 

international  trade,  and  in  particular  by  the  European  single 

market. 

At  the  same  time  it  must  help  European  businessmen,  technology  and 

know-how  to  play  an  increasingly  active  part  in  these  countries, 

thereby  enabling  the  Community  to  benefit  in  the  medium  and  long 

term  from  the  economic  and  commercial,  technological  and  cultural 

expansion  of  these  high-potential  countries.  Finally,  it  will  act 

as  a  catalyst  to  promote  the  transfer  of  European  businessmen's 

resources  (capital,  technology,  know-how  and  marketing  networks) 

under  market  conditions  to the ALA  developing  countries. 

Of  necessity,  economic  cooperation  makes  use  of  a  wide  range  of 

instruments,  some  of  which  are  covered  by  separate  legislation, 

either  because  of  their  links  with  other  Community  policies 

(research,  energy,  telecommunications) or  because  of  their  specific, 

horizontal  nature  (EC— M P ). 

The  purpose of  this  latter  instrument  is more  particularly  to  enable 

the  Community  to  promote  joint  ventures,  thus  helping  to  promote 

European  investment  in the ALA  developing  countries, which  is one of 

the  desired  results of  economic  cooperation. 

All  these  instruments of  economic  cooperation  must  be  integrated  and 

coordinated  with  financial  and  technical  assistance.  Economic 

cooperation  may  also  be  directed  towards  promoting  regional 

coopérât ion. 

4.5  In  view  of  the  new  aid  components  described  above  and  the  May  1990 

revision  of  financial  perspectives,  the  budgetary  resources  for  aid 

and  cooperation  have  been  increased. 

This  increase  will  be  made  within  the  framework  of  a  five-year 

perspective  for  1991-95  for  the  whole  range  of  resources  entered  in 

the Budget  under  the  heading  of  cooperation with  the Asian  and  Latin 

American  developing  countries  (Chapter  B7-30)  in  order  to  enable 

indicative  medium-term  planning  for  aid  and  cooperation  to  be 

undertaken.  The  relevant  indicative  figures  are  shown  in  the 

attached  financial  statement. 

5. This  renewal  of  Community  cooperation  policy means  that  its  implementing 

procedures  must  be  adjusted. 

5.1  Increasing  dialogue  is  the  means  whereby  the  priorities  for 

Community  'backing  for  each  country  can  be  established.  This 

dialogue  will  principally  take  place  in the  Joint  Committees  for  ALA 

developing  countries  which  have  Coopérât ion Agreements  with  the 

Community,  and  it primarily  concerns  the general  guidelines,  and  the 

objectives  and  priorities,  notably  sectoral,  to  which  aid  and 

cooperation  could  contribute.  It will  be  based  on  the  assessment  of 

each  country's  specific  needs  and  the  identification of  all  types  of 

cooperation  schemes  most  suitable  for  financing. 

5.2  Wherever  possible,  thanks  to  the multiannual  financial  framework  for 

Community  cooperation with  the ALA  developing  countries,  multiannual 

programming  on  the  basis  of  objectives  will  be  undertaken  for  each 

country  and  where  appropriate  by  region.  This  programming  -  which 

will  be  of  an  indicative  nature  -  is to  help  increase  the  impact  of 

Community  operations  on  the  general  policies  of  the  countries 

concerned.  It  will  take  account  of  the  possible  contribution  of 

other  aid  and  cooperation  instruments. 

- 7 -

5.3  Resources  will  be  allocated  and  schemes  chosen  for  financial  and 

technical  cooperation  by  reference  to: 

-  the  income  levels and  needs of  the various  countries; 

-  the  intrinsic  value of operations  in terms of  development  and 

their  contribution  to healthy,  realistic macroeconomic  policies; 

-  the possibility  of  arousing  the country's  interest  and/or 

mobilizing  additional  resources  to assist  certain  sectors; 

-  participation  by  the  local  population. 

For  economic  cooperation,  schemes  will  be  identified  and  chosen  by 

reference  to  the  initiatives  and  interests of  the operators  directly 

concerned. 

5.4  Community  assistance  will  cover  individual  operations,  clearly 

defined  in  terms  of  objectives  to  be  attained  and  means  to  be 

deployed,  notably  projects  and  programmes  and  including,  wherever 

feasible,  integrated  projects  and  sectoral  programmes. 

5.5  All  instruments  of  Community  cooperation,  whether  in  the  form  of 

financial  and  technical  assistance  or  economic  cooperation  or  other 

types  of  cooperation,  should  be  carefully  integrated  so  that  they 

work  together  with maximum  efficiency.  Integration  should  be  sought 

not  only  in overall  planning  of  cooperation  on  a  country-by-country 

basis  but  also when  each  project  or  programme  is prepared. 

Integration  of  instruments  particularly  applies  to  food  aid  and  Stabex 

counterpart  funds. 

As much  benefit  as possible  should  also be drawn  from  the  experience 

of  European  NGOs,  notably  in  connection  with  the  numerous  projects 

co-financed with  the  Community. 

5.6  Coordination  with  other  aid  instruments  should  also  be  stepped  up, 

particularly  with  the  bilateral  aid  provided  by  the  Member  States; 

this would,  furthermore,  reinforce  the European  presence. 

-  8  -

Co-financing  is  the  closest  possible  form  of  coordination  and  thus 

deserves 

particular 

attention 

but 

at 

the 

same 

time 

the 

decision-making  process  and  execution  need  to be made much  less slow 

and  cumbersome  -  the  result  of  the number  of  decision-makers and  the 

particular  rules governing  each  of  them. 

6.  In  view  of  these  guidelines,  the  implementation  of  this  renewed 

Community  cooperation  policy  involves  a  substantial  revision  of 

existing  legislation. 

This  legislation  must  therefore  be  adapted  to  take  account  of  the  new 

priorities  for  financial  and  technical  cooperation  and  must  be 

supplemented  by  new  administrative  rules  and  provisions  which,  for  the 

first  time,  will  govern  economic  cooperation  in  respect  of  all  those 

instruments which  have  no separate  legal  basis. 

7. Accordingly,  the  Commission  hereby  presents  to  the  Council  and  the 

Parliament,  for  adoption  as  soon  as  possible,  the  attached  proposal 

for  a  new  Regulation  to  replace  Regulation  (EEC) No  442/81  in  respect 

of  financial  and  technical  cooperation  and  to  extend  the  scope  to 

economic  cooperation. 

Proposal  for  a 

COUNCIL  REGULATION  (EEC) 

on  financial  and  technical  assistance  to 

and  economic  cooperation  with  the  developing 

countries  in Asia  and  Latin  America 

THE  COUNCIL  OF  THE  EUROPEAN  COMMUNITIES, 

Having  regard  to  the  Treaty  establishing  the  European  Economic  Community, 

and  in particular  Article  235  thereof, 

Having  regard  to  the  proposals  from  the  Commission, 

Having  regard  to  the opinion  of  the  European  Parliament, 

Whereas,  since  1976,  the  Community  has  been  pursuing  a  policy  of  financial 

and  technical  cooperation  with  the  developing  countries  in  Asia  and 

Latin America  and  has,  in  more  recent  times,  also  embarked  on  economic 

cooperation  with  those  countries;  whereas  these  forms  of  cooperation  are 

part  of  an overall  policy  of  cooperation  with  the  developing  countries  as a 

whole  which  includes  expansion  of  their  trade  by  integration  into  the 

multilateral  trade  system,  by  appropriate  measures  to  be  taken  within  the 

relevant  international  organizations  and  by  specific  measures  such  as  the 

Community  system  of  generalized  preferences; 

Whereas  the  current  process  of  European  construction  and  the  growing 

influence  of  the  Community  worldwide  justify  the  continuation  of  mutually 

advantageous  economic  cooperation  with,  and  Community  development  aid  to, 

the  developing  countries  in  Asia  and  Latin  America,  the  extension  of  such 

policies  to  other  countries  or  economic  sectors,  increased  financing  for 

such  policies  and  efforts  to  ensure  that  they  are  better  adapted  to 

national  and  local  needs within  each  region; 

Whereas  the  European  Council  has  on  a  number  of  occasions  confirmed  the 

Community's  political  will  to  reinforce  its cooperation  with  regions  of  the 

world  where  the  level  of  development  is still  insufficient  and  to do  so  via 

an  increased,  coordinated  and  multi-faceted  effort  on  the  part  of  the 

Community  and  its Member  States; 

-  10  -

Whereas  the  European  Parliament  has  examined  the  matter  in  detail  on  a 

number  of  occasions  and  has  called  for  such  reinforced  cooperation  and  for 

a  revision  of  present  legislation  in order  to ensure  greater  efficiency  and 

increased  transparency; 

Whereas  the  Council  has  adopted  conclusions  supporting  the  Commission's 

suggested  long-term  guidelines  for  such  cooperation  with  regard  to  the 

priorities  and  sectors  for  consideration  and  the  desirability  of  increasing 

the  resources  to  be  allocated  to  them  and  of  enabling 

indicative 

medium-term  programming  for  those  resources  to be  undertaken; 

Whereas  both  the  Council  and  European  Parliament,  while  confirming 

traditional  fields  of  action,  have  identified  new  priorities  relating,  in 

particular,  to  the  environment,  the  human  dimension  of  development  and  the 

need  for  economic  cooperation  to  take  place  in  the  mutual  interest  of  the 

Community  and  its partner  countries; 

Whereas  the  rules  governing  the  administration  of  financial  and  technical 

assistance  to,  and  economic  cooperation  with,  the  Asian  and  Latin  American 

developing  countries should  be  established; 

Whereas  it  is  therefore  necessary  to  repeal  Council  Regulation  (EEC) 

No  442/81  of  17  February  1981  on  financial  and  technical  aid  to  non-
associated  developing  countries,1  and  to  replace  it with  this  Regulation; 

Whereas  the  Treaty  does  not  provide  specific  powers  of  action  for  the 

adoption  of  this Regulation  other  than  those  contained  in Article  235, 

HAS ADOPTED  THIS  REGULATION: 

Article 1 

The  Community  shall  continue  and  broaden  Community  cooperation  with  the 

developing  countries  in  Asia  and  Latin America,  not  being  signatories  to 

the  Lomé  Convention  and  not  benefiting  from  the  Community's  policy  of 

cooperation  with  the  Mediterranean  region,  hereinafter  referred  to  as  "ALA 

developing  countries".  This  cooperation  shall 

involve  financial  and 

1  OJ  No  L 48, 21.2.1981, p. 8. 

-  11 -

technical  development  assistance  and  economic  cooperation.  In  this 

connection  the Community  attaches  the utmost  importance  to promoting  human 

rights,  freedom  of  trade  and  of  cultural  exchanges  and  environmental 

protection,  by  means  of  an  increasing  dialogue  on  political, economic  and 

social  issues within a perspective of mutual  interest. 

Article 2 

All  the  ALA  developing  countries  shall  be  eligible  for  financial  and 

technical  assistance  and economic  cooperation. 

The  recipients  of  aid  and  partners  in  cooperation  can  include  not  only 

States and  regions but decentralized  authorities, public agencies,  local or 

traditional  communities,  private  institutes  and  operators,  including 

cooperatives and non-governmental  organizations. 

Financial  and Technical  Assistance 

Article  3 

The principal  aim of  financial  and  technical  assistance shall  be  to  improve 

the  living  standards  of  the  neediest  sections  of  the  population  and  to 

implement  measures  in areas  where  domestic  resources  are  hard  to  mobilize 

but  which  are  of  strategic  importance  either  for  the  development  of  the 

countries concerned or  for  the  international  community  as a whole. 

It shall  be targeted  primarily on  the poorest ALA developing  countries. 

Article  4 

Financial  and  technical  assistance  shall  give  priority  to  developing  the 

rural  sector  and  improving  the  level of  food security. 

-  12 -

Furthermore,  consideration  shall  be  given  in  all  operations  to  protecting 

the  environment  and  natural  resources,  to  the  human  dimension  of 

development,  notably  the  role  of  women,  to  the  problems  of  population 

growth  and  to  matters  concerning  the  relations  between  towns  and  the 

countryside. 

A  significant  proportion  of  the  aid  shall  be  set  aside  for  projects  more 

specifically  aimed  at  environmental  protection. 

Aid  may  also  take  the  form  of  action  to  fight  drugs,  to  improve  living 

conditions  in  large  cities,  and  to  contribute  to  the  structural  dimension 

of  development. 

Part  of  the aid  may  be used  for  rehabilitation  and  reconstruction  following 

disasters of  all  kinds and  for  preventive measures. 

Regional  cooperation  among  developing  countries  shall  be  considered  an 

important  area  for  financial  and  technical  cooperation, particularly  in the 

fol lowing  fields: 

-  cooperation on  the  environment; 

-  the development  of  intra-regional  trade; 

-  the  strengthening  of  regional  institutions; 

-  support  for  integration  and  the  establishment  of  joint  policies  and 

activities among  developing  countries; 

-  communications,  particularly  as  regards  standards,  networks  and 

services,  including  telecommunications; 

-  research  and  training  connected  with  development; 

-  cooperation  in the sphere of  energy. 

Article 5 

Financial  and  technical  assistance  may  be  extended  to  the  relatively  more 

advanced  countries of Asia  and  Latin America  in specific  fields or  in cases 

where  Community  action  is taken  in  response  to disasters  or  implements  new 

operations  or  policies  which  are  essential  at  regional  or  international 

level  in the  following  sectors: 

-  13 -

drugs; 

the environment  and  natural  resources; 

the strengthening  of  institutions; 

pilot  schemes  to  help  particularly  under-privileged  sections  of  the 

population; 

regional  cooperation. 

E conom i c Coope ration 

Article  6 

Economic  cooperation  shall  contribute  to  the  development  of  the  ALA 

developing  countries  by  helping  them  make  the  most  of  the  prospects  opened 

up  by  the  growth  of  international  trade  and  by  the  European  single  market, 

and  by enhancing  the  role of  European  businessmen,  technology  and  know-how. 

Economic  cooperation  shall  be  aimed  in  particular  to  supporting  countries 

pursuing  macroeconomic  and  sectoral  policies  open  to  trade  and  investment 

and  conducive  to  technology  transfers,  notably  by  ensuring  the  protection 

of  industrial  and  intellectual  property  rights. 

Article  7 

Economic  cooperation  shall  include  three sectors: 

1.  Improvement  of  scientific  and  technological  potential  and  of  the 

economic,  social  and  cultural  environment  in  general  by  means  of 

training  schemes  and  the  transfer  of  know-how.  It  shall  be  directed 

chiefly  at  executives,  economic  decision-makers  and  instructors,  and 

shall  cover  all  economic,  scientific  and  technical  fields  and,  in 

particular  energy,  industrial  and urban  ecology  and  services  technology. 

2.  Improvement  of  the  institutional  structure,  in  order  to  render  the 

legislative,  administrative  and  social  climate  more  conducive  to 

development. 

-  14 -

3. Support  for  undertakings,  for  example  by means of  training  and  technical 

assistance  schemes,  by  the  establishment  of  direct  contacts  between 

undertakings  and  by  schemes  to  facilitate  access  to  bigger  markets 

without  prejudice  to the  specific  provisions  on  joint  ventures  laid  down 

by Council  Regulation  (EEC) No  ...  [on  EC  11P].* 

Regional  cooperation  must  be  regarded  as  an  important  sector  for  economic 

cooperation,  in particular: 

-  cooperation on  industrial  and  urban  ecology; 

-  intra-regional  trade; 

-  regional  institutions for  economic  integration; 

-  regional  policies; 

-  communications,  including  telecommunications; 

-  research  and  training; 

-  cooperation  in the  sphere of  energy. 

IMPLEMENTING  PROCEDURES 

Article  8 

Financial  and  technical  assistance  and  economic  cooperation  shall  be 

provided  mainly  in  the  form  of  grants  and  shall  draw  on  the  financial 

resources  fixed  by  the  general  budget  of  the  European  Communities. 

Co-financing  with  the Member  States or other  donors  shall  be  sought  through 

greater  coordination.  The  Community  nature  of  the  aid  must,  however,  be 

maintained  as  far  as  possible. 

Article  9 

1.  Financial  and  technical  assistance  may  cover  all  the  expenditure  on 

imports  and  local  expenditure  required  to  carry  out  projects  and 

programmes. 

*  OJ  No L 

-  15  -

Maintenance  and  operating  expenses  for  economic  cooperation  operations, 

training  and  research  programmes  and  for  development  projects  and 

programmes  may  be  covered  subject  to  the  proviso  that  in  the  case  of  the 

latter  such  expenses  may  be  covered  only  at  the  launching  stage  and  in 

decreasing  amounts. 

2.  Systematic  efforts  must  be  made  to  seek  financial  contributions  from 

partners 

(countries, 

local 

communities, 

undertakings, 

individual 

recipients)  within  the  limits  of  their  possibilities  and  according  to  the 

nature  of  each  operation.  Taxes  and  duties  and  the  purchase  price  of  land 

shall  be excluded  from  Community  financing. 

3.  Study  costs  and  the  short  and  long-term  use  of  experts  to  assist  the 

recipients  and  the Commission  in devising  general  policies,  identifying  and 

preparing  operations,  and  monitoring  and  evaluating  them  shall  normally  be 

covered  by  Community  resources,  either  as  part  of  the  financing  for 

individual  operations or  separately. 

Article  10 

Participation  in  invitations  to  tender  and  purchasing  and  other  contracts 

shall  be  open  on  equal  terms  to  all  natural  or  legal  persons  of  the 

Member  States. 

With  regard  to  financial  and  technical  assistance,  such  participation  shall 

usually  be  extended  to  the  recipient  State  and  may  also  be  extended,  case 

by  case,  to other  developing  countries. 

In  exceptional  cases  which  are  duly  justified,  other  countries  of  origin 

may  be  allowed  for  specific  components. 

-  16 -

Article 11 

1.  Aid  projects  and  programmes  for  which  Community  funding  exceeds 

ECU  2 million  and  also any  substantial  modifications and  necessary  overruns 

of  more  than  20% of  the  amount  initially  agreed  for  these  operations  shall 

be adopted  according  to the procedure  laid down  in Article  12(2). 

2.  The  procedure  laid down  in Article  12(3) shall  be  followed,  if need  be, 

for  the adoption of  acts  required  to establish: 

-  coordination  between  Community  cooperation  schemes  and  bilateral  schemes 

that may  be undertaken  by  the Member  States, 

-  the  indicative  multiannual  guidelines  that  apply  to  the  main  partner 

countries, 

-  the areas of  cooperation according  to subject  or  sector. 

Article  12 

1.  The  Commission  shall  be  assisted  by  a  committee  composed  of  the 

representatives  of  the  Member  States  and  chaired  by  the  representative  of 

the  Commission. 

2.  The  representative  of  the  Commission  shall  submit  to  the  committee  a 

draft  of  the measures  to be  taken.  The  committee  shall  deliver  its opinion 

on  the  draft  within  a  time  limit  which  the  chairman  may  lay down  according 

to  the  urgency  of  the  matter.  The  opinion  shall  be  delivered  by  the 

majority  laid down  in Article  148(2) of  the Treaty  in the case of  decisions 

which  the  Council  is required  to  adopt  on  a  proposal  from  the  Commission. 

The  votes of  the  representatives of  the Member  States within  the  committee 

shall  be  weighted  in  the  manner  set  out  in  that  Article.  The  chairman 

shalI  not  vote. 

The  Commission  shall  adopt  measures  which  shall  apply  immediately. 

However,  if  these  measures  are  not  in accordance  with  the  opinion  of  the 

committee,  they  shall  be  communicated  by  the  Commission  to  the  Council 

forthwith.  In  that  event,  the  Commission  may  defer  application  of  the 

measures which  it has decided  for  a period of one  month. 

The  Council, acting  by  a  qualified  majority,  may  take  a  different  decision 

within  the  time  limit  referred  to  in the second  subparagraph. 

-  17 -

3.  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,  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. 

Article  13 

The  Commission  shall  submit  to  the  Council  and  the  European  Parliament  an 

annual  report  on  the  implementation  of  this  Regulation,  setting  out  the 

results  achieved  and  presenting  the projects and  programmes  financed  during 

the  year. 

In  addition,  a  comprehensive  report  giving  the  results  of  the  regular 

evaluation  undertaken  shall  be  presented  at  the  end  of  each  five-year 

per iod. 

Article  14 

Regulation  (EEC) No 442/81  is hereby  repealed. 

Any  reference  to  that  Regulation  shall  be  deemed  to be  a  reference  to  this 

Régulât ion. 

-  18  -

Article  15 

This  Regulation  shall  enter  into  force  on  the  third  day  following  that  of 

its publication  in the Official  Journal  of  the  European  Communities. 

This  Regulation  shall  be  binding  in  its entirety  and  directly  applicable  in 

a 11 Member  States. 

Done  at  Brussels, 

For  the  Counci 

The  President 

O.  I  O U U V O n u w ii  « 

• ww  » 

- 1 9-

FICHE FINANCIERE 

IMPLICATIONS FINANCIERES 

1.  Intitulé de  l'action 

Projet de règlement  relatif  à  la mise en oeuvre de  l'aide technique 
et  financière  et  coopération  économique  avec  les  pays  en  voie  de 
développement d'Amérique Latine et d'Asie. 

2.  Lignes budgétaires concernées 

B.7. 3000 - 3001 - 3002 - 3003 
B.7. 3010 - 3011 - 3012 - 3013 
B.8. 7300 - 7301 et 7304 
B.8. 7310 - 7311 et 7314 

3004 
3014 

Base légale 

Article 235 du Traité 

Description de  l'action 

4.1 Objectifs spécifiques de  l'action 

Accroissement 
de  l'effort  de  l'aide  communautaire  au 
développement 
notamment  dans  les PVD-ALA  les plus pauvres dans 
l'objectif  de 
répondre  à  une  demande  pressante  d'extension  du 
champ  d'appli 
cation  de  cette  forme  d'aide  (protection  de 
l'environnement, dimension humaine du développement, coopération 
régionale, dimension structurelle du développement, catastrophes 
naturel les, etc  . . . ). 

Renforcement  et  diversification  de  la  coopération  économique 
afin d'accélérer, essentiellement dans les PVD  les plus avancés, 
le développement par un transfert de "Know-How" européen dans un 
esprit  de  bénéfices  mutuels  afin  que  ces  pays  puissent  tirer 
avantage de perspectives nouvelles ouvertes par  le grand marché 
européen. 

- 2 0-

4.2 Durée 

Indéterminée 

4.3 Population visée par l'action 

Les populations de  tous  les pays d'Amérique Latine  et  d'Asie, 
soit  plus de 3.500 millions de personnes dans 41  pays - et en 
particulier  les couches de population les plus défavorisées dans 
les pays  les plus pauvres. 

5.  Classification de la dépense ou des recettes 

5.1  D.N.O. 

5.2 CD sauf B 7 3002 et B7 3012 et  les lignes "minibudget" qui sont 

CND 

5.3 Ce règlement n'engendre pas de recettes spécifiques. 

6.  Nature de  la dépense 

6.1  Subvention à 100 %  : oui sauf co-financement au titre de 

l'article 16 du règlement 

6.2 Dans certains cas, subvention par co-financement avec d'autres 

donateurs d'aide 

6.3 Aucune bonification d'intérêt 

6.4 Autres  : r ien 

6.5 Pas de remboursement prévu 

6.6 Pas de recettes 

- 21 -

7.  Incidence  financière  sur  les  crédits  d'intervention  (partie  B  du 

budget) 

7.1 Mode de calcul 

La  dotation  anuuelle  sera  fixée  par  l'autorité  budgétaire. La 
Commission, dans  son document  COM  (90) 176  a proposé  pour  la 
période  1991  -  1995  un  montant  global  au  prix  de  1991  de 
2.900 MECU. Il s'agit d'un montant  indicatif(1). 

7.2 La part du mini-budget 

Cette part se situe entre 2,5 % et 3 % 

7.3 Echéancier  indicatif des crédits d'engagements et de paiements 

Sur  l'ensemble  des  lignes citées en 1.2,  l'échéancier  estimatif 
se présente à ce stade de  la façon suivante : 

1991  1992  1993*  1994*  1995* 

Crédits engagements 
Crédits de paiements 

428 
293 

518 
329 

537 
390 

558 
470 

588 
540 

(*)  Prix  1992.  Sous  réserve  des  résultats  d'une  reconduction 
éventuelle  de  la  perspective  financière  dans  le  cadre  de 
raccord  inter-institutionnel sur  la discipline budgétaire. 

8.  Dispositions anti-fraude prévues dans la proposition. 

Il s'agit de dépenses essentiellement mises en oeuvre par  les pays 
tiers et par  la Commission  qui exerce sur  la totalité des dépenses 
son contrôle normal. 

(1) réparti comme suit : 

Chapitre B7-30 

crédits pour engagements en m.écus 

1991 

1992  1993 

1994 

1995 

448 

580 

600 

620 

652 

A noter que  le Conseil pour sa part a accepté  le 18 décembre 1990 un 
montant global de 2.750 m.écus. 

- 22 -

FICHE D'IMPACT DE CERTAINS ACTES LEGISLATIFS SUR LES PME ET L'EMPLOI 

1.  OBLIGATIONS  ADMINISTRATIVES  DECOULANT  DE  L'APPLICATION  DE  LA 

LEGISLATION POUR LES ENTREPRISES 

AUCUNE 

2.  AVANTAGE POUR L'ENTREPRISE 

OUI 

LESQUELLES 

La  coopération  au développement  pourra  engendrer  des  avantages 
pour  les  PME  dans  les  domaines  services  et  fournitures  de 
mater iel. 

3.  INCONVENIENTS POUR L'ENTREPRISE 

NON 

CONSEQUENCES 

4.  EFFETS SUR L'EMPLOI 

Aucun effet négatif prévisible sur  l'emploi dans  la Communauté 

5.  A-T-IL EU CONCERTATION PREALABLE AVEC LES PARTENAIRES SOCIAUX ? 

NON 

AVIS DES PARTENAIRES SOCIAUX 

6.  Y A-T-IL UNE APPROCHE ALTERNATIVE MOINS CONTRAIGNANTE ? 

NON 

- 2 3-

ISSN 0254-1475 

COM(91) 104 final 

DOCUMENTS 

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ii 

Catalogue number : CB-CO-91-128-EN-C 
ISBN 92-77-70542-6 

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