Legislative resolution embodying Parliament' s opinion on the proposal for a Council Regulation concerning humanitarian aid (COM(95)0201 - C4-0265/95 -95/0119(SYN)) (Cooperation procedure: first reading)
Date: 1995-11-30
Institutions: Committee on Development, European Parliament
Subjects: aid to disaster victims, aid to refugees, humanitarian aid, international human rights law, international organisation, non-governmental organisation













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51995AP0283

Legislative resolution embodying Parliament' s opinion on the proposal for a Council Regulation concerning humanitarian aid (COM(95)0201 - C4-0265/95 -95/0119(SYN)) (Cooperation procedure: first reading)  


Official Journal C 339 , 18/12/1995 P. 0054 





A4-0283/95Proposal for a Council Regulation concerning humanitarian aid (COM(95)0201 - C4- 0265/95 - 95/0119(SYN))The proposal was approved with the following amendments:(Amendment 1)Recital 1a (new)>Text following EP vote>Whereas, in the context of its humanitarian aid policy, it is the responsibility of the European Community to draw up and examine with its operational partners, in coordination with the Member States, a humanitarian strategy in areas affected by natural or man-made disasters or comparable emergencies;(Amendment 2)Recital 2a (new)>Text following EP vote>Whereas humanitarian assistance shall be taken to mean the provision of all necessary assistance to persons affected by immediate or long-term natural or man-made disasters, such as floods, earthquakes, drought and armed conflict or exceptional situations having similar effects; whereas humanitarian assistance incorporates the supply of emergency aid, especially in the form of shelter, food and medical aid, and may in certain cases include short-term reconstruction projects with a view to ensuring that aid can reach its destination and beginning the process of helping the populations concerned to achieve a suitable level of self-sufficiency;(Amendment 3)Recital 5>Original text>Whereas there is a particular need for preventive action to ensure preparedness for disaster risks and, in consequence, for the establishment of an appropriate rapid-warning and intervention system;>Text following EP vote>Whereas there is a particular need for preventive action to ensure preparedness for disaster risks and to seek to avert them and, in consequence, for the establishment of an appropriate rapid-warning and intervention system;(Amendment 4)Recital 6>Original text>Whereas the effectiveness and consistency of the Community and national prevention and intervention systems set up to meet the needs generated by natural disasters or comparable emergencies should therefore be ensured and reinforced;>Text following EP vote>Whereas the effectiveness and consistency of the Community and national prevention and intervention systems set up to meet the needs generated by natural or man-made disasters or comparable emergencies should therefore be ensured and reinforced;(Amendment 5)Recital 7>Original text>Whereas humanitarian aid, the sole aim of which is to prevent or relieve human suffering, is accorded to victims without discrimination on the grounds of race, religion, nationality or political affinities and must not be guided by, or subject to, political considerations;>Text following EP vote>Whereas humanitarian aid, the sole aim of which is to prevent or relieve human suffering, is accorded to victims without discrimination on the grounds of race, sex, age, physical condition, religion, nationality or political affinities and must not be guided by, or subject to, political considerations;(Amendment 6)Article 1>Original text>In the course of its humanitarian action, the Community shall carry out assistance, relief and protection operations on a non-discriminatory basis to help people, and particularly the most vulnerable among them, in non-member countries hit by natural disasters, man-made crises, such as wars and outbreaks of fighting, or comparable emergencies. It shall do so for the time needed to meet the humanitarian requirements resulting from these situations. The Community shall also carry out operations to prepare for or prevent disasters or comparable emergencies.>Text following EP vote>In the course of its humanitarian action, the Community shall carry out directly, or in conjunction with multilateral and/or non-governmental organizations, assistance, relief and protection operations on a non- discriminatory basis to help people, and particularly the most vulnerable among them, in non-member countries hit by natural disasters, man-made crises, such as wars and outbreaks of fighting, or comparable emergencies. It shall do so for the time needed to meet the humanitarian requirements resulting from these situations where the local authorities are unable or unwilling to guarantee the survival and protection of such people. The Community shall also carry out operations to prepare for or prevent disasters or comparable emergencies.(Amendment 7)Article 2(d)>Original text>(d) to carry out short-term rehabilitation and reconstruction work with a view to facilitating the arrival of relief, preventing the impact of the crisis from worsening and starting to help those affected regain a minimum level of self-sufficiency;>Text following EP vote>(d) to carry out short-term rehabilitation and reconstruction work with a view to facilitating the arrival of relief, preventing the impact of the crisis from worsening and starting to help those affected regain a minimum level of self-sufficiency, thereby laying the foundations for subsequent implementation of the Community's development cooperation policy;(Amendment 8)Article 2(e)>Original text>(e) to cope with population movements (refugees, displaced people and returnees) caused by natural and man-made disasters and handle schemes to assist repatriation to the country of origin and resettlement there;>Text following EP vote>(e) to cope with the consequences of population movements (refugees, people displaced within the country in question and returnees) resulting from natural and man-made disasters and handle schemes to assist repatriation to the country of origin and resettlement there provided the conditions set by existing international conventions are met;(Amendment 9)Article 2(f)>Original text>(f) to ensure preparedness for disasters or comparable emergencies and set up a suitable rapid-warning and intervention system;>Text following EP vote>(f) to ensure preparedness for and contribute to preventing natural or man-made disasters or comparable emergencies by setting up a suitable rapid-warning and intervention system;(Amendment 10)Article 2(g)>Original text>(g) to carry out operations to protect the victims of fighting or comparable emergencies.>Text following EP vote>(g) to carry out and support operations to protect the victims of fighting or comparable emergencies, in line with relevant international conventions.(Amendment 11)Article 3, first paragraph>Original text>Community aid under this Regulation may be used to finance the purchase and delivery of any product or equipment needed for the implementation of humanitarian operations; the costs associated with the expatriate or local staff employed for those operations; the storage, transport, logistics and distribution of relief and any other action aimed at facilitating or obtaining freedom of access to aid recipients.>Text following EP vote>Community aid under this Regulation may be used to finance the purchase and delivery of any product or equipment needed for the implementation of humanitarian operations, including the building of shelters or accommodation for disaster victims; the costs associated with the expatriate or local staff employed for those operations; the storage, local and international transport, logistics and distribution of relief and any other action aimed at facilitating or obtaining freedom of access to aid recipients.(Amendment 12)Article 4>Original text>Community aid may also be used to finance:>Text following EP vote>Community aid may also be used to finance:>Original text>- feasibility studies, monitoring and evaluation of humanitarian operations,>Text following EP vote>- feasibility studies, monitoring, follow-up and evaluation of humanitarian operations,>Original text>- training schemes and general studies in the field of humanitarian action,>Text following EP vote>- training schemes and general studies in the field of humanitarian action,>Original text>- measures to strengthen coordination with the Member States, other donor countries, international humanitarian organizations and institutions and non-governmental organizations,>Text following EP vote>- measures to strengthen the Commission's coordination with the Member States, other donor countries, international humanitarian organizations and institutions and non-governmental organizations,>Original text>- the technical assistance necessary for the implementation of humanitarian projects, including the exchange of technical know-how and experience by European humanitarian organizations and agencies or between such bodies and those of non-member countries,>Text following EP vote>- the technical assistance necessary for the implementation of humanitarian projects, including the exchange of technical know-how and experience by European humanitarian organizations and agencies or between such bodies and those of non-member countries and measures to strengthen collaboration and coordination among ECHO's operational partners and organisations representing them,>Original text>- public awareness and information campaigns inside and outside the Community aimed at increasing understanding of humanitarian issues.>Text following EP vote>- public awareness and information campaigns inside and outside the Community aimed at increasing understanding of humanitarian issues,>Text following EP vote>- the costs associated with giving a high profile to humanitarian operation,>Text following EP vote>- operations to support local humanitarian aid bodies which work in conjunction with the Commission's humanitarian partners,>Text following EP vote>- measures to reinforce local capacity for prevention, immediate intervention and the efficient carrying out of the operation.(Amendment 13)Article 6>Original text>Humanitarian aid operations financed by the Community may be implemented either at the request of international or non-governmental bodies and organizations or on the initiative of the Commission.>Text following EP vote>Humanitarian aid operations financed by the Community may be implemented at the request of international bodies or non-governmental organizations, or following a request from a Member State, or on the initiative of the Commission or a recipient country.(Amendment 14)Article 7>Original text>1. The humanitarian partners eligible for Community funding under this Regulation shall be non-governmental organizations satisfying the following conditions:>Text following EP vote>1. The non-governmental organizations eligible for Community funding to carry out operations provided for in this Regulation shall satisfy the following conditions:>Original text>(a) They must be legally recognized in their country of origin as independent non-profit-making associations.>Text following EP vote>(a) they must be set up as independent non-profit-making associations in an EC Member State in accordance with the legislation in force in that state;>Original text>(b) They must have their headquarters in a Community Member State or, exceptionally, a non-member country.>Text following EP vote>(b) they must have their main headquarters in a Community Member State, the beneficiary countries or, exceptionally, a non-member donor country.>Original text>2. When determining an NGO's suitability for Community funding, account shall be taken of the following factors:>Text following EP vote>2. They shall also demonstrate their ability to implement humanitarian aid operations effectively, inter alia through:>Original text>(a) its administrative and financial management capacities;>Text following EP vote>(a) their administrative and financial management capacities;>Original text>(b) its technical and logistical capacity in relation to the planned operation;>Text following EP vote>(b) their technical and logistical capacity in relation to the planned operation;>Original text>(c) its experience in the field of humanitarian aid;>Text following EP vote>(c) their experience in the field of humanitarian aid;>Original text>(d) the results of operations carried out by the NGO concerned, and in particular those financed by the Community;>Text following EP vote>(d) the results of operations they have carried out, in particular those financed by the Community;>Original text>(e) its readiness to take part, if need be, in the coordination system set up for a humanitarian operation;>Text following EP vote>(e) their readiness to take part, if need be, in the collaboration mechanisms and coordination systems set up under the humanitarian strategy;>Original text>(f) its ability to work with humanitarian agencies in the countries concerned;>Text following EP vote>(f) their ability to work with humanitarian agencies and grassroots communities in the countries concerned and their knowledge of local conditions;>Text following EP vote>(fa) their independence and impartiality when implementing humanitarian aid;>Original text>(g) whether it has signed the framework partnership agreement with the Community in the field of humanitarian aid.>Text following EP vote>(g) signature of the framework partnership agreement with the Community in the field of humanitarian aid.(Amendment 15)Article 9>Original text>The Community may also finance humanitarian operations by the European Commission or the Member States' humanitarian agencies. For that purpose, the Commission may, according to the financial rules in force, administer funds made available to it by the Member States in accordance with procedures agreed beforehand by the Commission and the Member State concerned.>Text following EP vote>The Community may also finance humanitarian operations by the European Commission or the Member States' specialized agencies. For that purpose, the Commission may, according to the financial rules in force, administer funds made available to it by the Member States in accordance with procedures agreed beforehand by the Commission and the Member State concerned.(Amendment 16)Article 11>Original text>Article 111. The administrative procedures for the management and implementation of operations under this Regulation shall be adopted by the Commission.>Text following EP vote>Article 121. The conditions for the financing and implementation of the humanitarian aid operations provided for under this Regulation shall be set out in a framework partnership agreement.>Original text>2. Aid shall be granted only to the organisations referred to in Articles 7, 8 and 9 which undertake to comply with the conditions transmitted to them by the Commission regarding its allocation and implementation.>Text following EP vote>2. Aid shall be granted to the organizations and bodies referred to in Articles 7, 8 and 9 of this Regulation provided they undertake to comply with the conditions for the granting and implementation of aid laid down by the Commission and set out in the framework partnership agreement.>Text following EP vote>Article 12 of the proposal for a regulation shall become Article 11.(Amendment 18)Article 13>Original text>1. In order to guarantee and enhance the effectiveness and consistency of Community and national humanitarian aid systems, the Commission shall take all necessary measures to ensure close coordination between the Member States and the Commission both at decision-making level and on the ground.>Text following EP vote>1. In order to guarantee and enhance the effectiveness, complementarity and consistency of Community and national humanitarian aid systems, the Commission shall take all necessary measures to promote close coordination of its activities and those of the Member States both at decision-making level and on the ground. To that end, the Member States shall accord the Commission all necessary assistance, and in particular provide all relevant information.>Original text>2. To that end, the Member States shall accord the Commission all necessary assistance, and in particular provide all relevant information.>Text following EP vote>2. The Commission shall ensure that all humanitarian operations financed by the Community are coordinated with those carried out by international organizations and bodies, in particular those which form part of the United Nations system.>Text following EP vote>2a. The Commission shall endeavour to develop collaboration and cooperation between the Community and donor third countries in the sphere of humanitarian aid.>Text following EP vote>2b. The Commission shall also endeavour to maintain close relations with the European Parliament, the Council and with the various Commission departments involved in emergency assistance, rehabilitation, disaster prevention and development.(Amendment 19)Article 14(1)>Original text>1. The Commission shall appraise, decide upon and administer operations under this Regulation according to the budgetary and other procedures in force, and in particular those laid down in the Community's Financial Regulation.>Text following EP vote>1. The Commission shall appraise, decide upon, administer, follow up and evaluate operations under this Regulation according to the budgetary and other procedures in force, and in particular those laid down in the Community's Financial Regulation.(Amendment 20)Article 14(2)>Original text>2. Decisions concerning the implementation of humanitarian aid global plans shall be adopted in conformity with procedure set out in Article 15.>Text following EP vote>2. Decisions concerning the implementation of global plans of humanitarian aid designed to provide a coherent framework for actions in a region where a humanitarian crisis is prolonged shall be adopted in conformity with procedure set out in Article 15(2).(Amendment 21)Article 15(3), 1st subparagraph>Original text>3. There shall be a discussion once a year of general guidelines presented by the Commission representative concerning humanitarian operations in the year ahead.>Text following EP vote>3. There shall be a discussion once a year of general guidelines presented by the Commission representative concerning humanitarian operations in the year ahead. At the same time, the European Parliament's committee responsible shall be informed of the Commission proposals.(Amendment 22)Article 15(4a) (new)>Text following EP vote>4a. The Commission shall hold an annual information meeting with organizations involved in EC humanitarian aid under a framework partnership agreement with the aim of examining joint operational strategies and monitoring and evaluating the results of the operations carried out jointly.(Amendment 23)Article 16>Original text>The Commission shall regularly evaluate humanitarian operations financed by the Community in order to establish whether they have achieved their objectives and to produce guidelines for improving the effectiveness of subesquent operations. Evaluation reports shall be submitted to the committee.>Text following EP vote>The Commission shall regularly evaluate humanitarian operations financed by the Community in order to establish whether they have achieved their objectives and to produce guidelines for improving the effectiveness of subesquent operations. Evaluation reports shall be submitted to the committee and the budgetary authority.Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation concerning humanitarian aid (COM(95)0201 - C4-0265/95 - 95/0119(SYN))(Cooperation procedure: first reading)The European Parliament,- having regard to the Commission proposal to the Council, COM(95)0201 - 95/0119(SYN),(( OJ C 180, 14.7.1995, p. 6.))- having been consulted by the Council pursuant to Articles 189c and 130w of the EC Treaty (C4-0265/95),- having regard to Rule 58 of its Rules of Procedure,- having regard to the report of the Committee on Development and Cooperation and the opinion of the Committee on Budgets (A4-0283/95),1. Approves the Commission's proposal, subject to Parliament's amendments;2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty:3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;4. Calls for the conciliation procedure to be opened should the Council intend to depart from the text approved by Parliament;5. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;6. Instructs its President to forward this opinion to the Council and Commission.