Amended proposal for a COUNCIL REGULATION (EC) CONCERNING HUMANITARIAN AID
Date: 1995-12-15
Institutions: European Commission
Subjects: EU aid, aid policy, aid system, fourth Lomé Convention, humanitarian aid

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  15.12.1995 
COM(95)721 final 

95/01J 9 (SYN) 

Amended proposal for a 

COUNCIL REGULATION (EC) 

CONCERNING HUMANITARIAN AID 

(presented by the Commission pursuant to Article  189 a (2) 
of the EC-Treaty) 

EXPLANATORY  MEMORANDUM 

On  31  May,  the  Commission  sent  the  Council  and  Parliament  a proposal  for  a 
regulation  on  humanitarian  aid,  which  attempts  to  define  the  scope  of 
humanitarian  aid  action,  coordination  arrangements  and  the  ways  in  which  the 
Community,  Member  States, 
international  bodies  and  non-governmental 
organizations  can  cooperate.1 

The  proposal  is  based  on  Article  130w  of  the  Treaty  and  subject  to  the 
cooperation  procedure  (Article  189c  of  same). 

In accordance with this procedure, Parliament delivered its opinion on first reading 
on 30 November  1995, submitting  a total  of 23  amendments.2 Pursuant to Article 
189a(2)  of  the  Treaty,  the  Commission  is  submitting  an  amended  proposal 
incorporating  the  changes  which  it has  accepted. 

A  number  of  these  amendments  are  to  do  only  with  form,  others  with  content. 
They  seek  mainly  to: 

avoid  discrimination  against  under-privileged  groups; 

emphasize  the idea of  a continuum  between  short-term  rehabilitation  and 
long-term  development; 

step  up coordination  and consultation  with humanitarian  aid bodies, non 
governmental  organizations  and international  bodies; 

recognize  the fact  that Member  States  and recipient  countries  can  launch 
humanitarian  operations  in  the  same  way  that  international  and  non 
governmental  organizations  do; 

set out clear objective criteria and other relevant factors for deciding which 
NGOs  should  be  eligible  for  funding  under the  regulation; 

bring  the  issue  of  coordination  under  one  single  article  by  including 
coordination  with  international  United  Nations  organizations; 

clarify  the  concept  of  comprehensive  humanitarian  aid plans; 

send  evaluation  reports to  the budgetary  authority. 

COM  (95)  201  final 
EP  213.938/fin 

A 

The  Commission  has  accepted  as they  stand the following  amendments:  n°  4,  5, 
6  (second  part),  8,  10,  11  (first  part),  12  (first,  second  and fourth  parts),  15,  17, 
18  (second  and third parts); and  19,  20  and 23. 

The  following  amendments  have  been  accepted  in  substance  but  with  different 
wording.  n°  1, 6  (first  part),  7,  9,  12 (third  part),  13,  14  and  18  (first part). 

The  Commission  has  not  included  the  following  amendments:  n°  2,  3,  12  (fifth 
and  six  part),  16,  18  (final  part),  21  and  22,  either  because  they  are  already 
covered in substance  by the proposal  either because they  should not be  included 
in  a Council  regulation. 

Abis) 

PROPOSAL  FOR  A  COUNCIL 
REGULATION  CONCERNING 
HUMANITARIAN AID 

(COM (95)  201 

final) 

AMENDED PROPOSAL  FOR  A 
COUNCIL  REGULATION 
CONCERNING  HUMANITARIAN  AID 
(after  Parliament  opinion on first reading) 

THE  COUNCIL  OF  THE  EUROPEAN 
UNION, 

No amendment 

Having  regard to the Treaty  establishing the 
European  Community, and  in particular 
Article  13 Ow thereof, 

Having  regard to the proposal  from  the 
Commission,1 

In cooperation  with the  European 
Parliament,2 

Whereas victims of natural  disasters, wars 
and outbreaks of fighting,  exceptional 
poverty  or other  comparable  emergencies 
have a right  to international  humanitarian 
assistance where their  own authorities prove 
unable to provide effective  relief; 

New recital 

Whereas the European  Community, 
together with its operational  partners and 
the Member  States, have a responsibility to 
look into humanitarian  aid strategies  for 
those parts of the world  affected  bv  natural 
or man-made disasters or  other  comparable 
emergencies: 

No amendment 

No amendment 

Whereas  measures to protect the victims of 
fighting  or  comparable  emergencies are 
governed  by  international  humanitarian  law 
and  should  accordingly  be considered  part 
of  humanitarian  action; 

Whereas  humanitarian  assistance 
encompasses not only  relief operations to 
save  and  preserve  life  in emergencies or 
their  immediate  aftermath,  but any  action 
aimed  at  facilitating  or obtaining  freedom 
of  access to victims  and the free flow of 
such  assistance; 

Whereas humanitarian  assistance may be a  No  amendment 
prerequisite for  development  or 
reconstruction work  and must  therefore 
cover the full  duration of a crisis and its 
aftermath,  and may  therefore  include an 
element of short-term  rehabilitation  aimed 
at facilitating  the arrival  of relief, 
preventing  any worsening  in the  impact of 
the crisis and starting to help those  affected 
regain  a minimum  level  of  self-sufficiency; 

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; 

No  amendment 

Whereas the effectiveness  and  consistency  Whereas the effectiveness  and  consistency 
of the  Community  and national  prevention 
of the  Community  and national prevention 
and  intervention  systems set up to meet the 
and  intervention  systems set  up to meet the 
needs generated  by natural  disasters or 
needs generated  by natural  or man-made 
comparable  emergencies  should therefore  be  disasters or comparable emergencies  should 
ensured  and reinforced; 

therefore  be ensured  and  reinforced; 

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; 

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 state, religion, nationality  or 
political  affinities  and must not  be guided 
by, or subject  to, political  considerations; 

Whereas humanitarian  aid decisions must 
be taken  impartially  and solely  according to 
the  victims' needs and interests; 

No amendment 

Whereas close coordination  between the 
Member  States and the Commission both at 
decision-making  level and on the ground 
constitutes the foundation  for  effective 
humanitarian  action by the Community; 

No  amendment 

New recital 

Whereas close dialogue should be  fostered 
with the European  Parliament: 

No amendment 

Whereas the  Community, as part of its 
contribution  to the effectiveness  of 
international  humanitarian  aid, must 
endeavour  to cooperate  and  coordinate its 
action  with that of non-member  countries; 

Whereas, in pursuit  of that same objective,  No amendment 
criteria  should be established  for 
cooperation  with non-governmental 
organizations and the international  agencies 
and organizations  specializing  in 
humanitarian  aid; 

Whereas the independence  and impartiality  No amendment 
of non-governmental  organizations and 
other  humanitarian  institutions  in the 
execution  of humanitarian  aid  must be 
preserved, respected  and  encouraged; 

No amendment 

No amendment 

No amendment 

Whereas cooperation  in the humanitarian 
sphere should  be encouraged  between 
non-governmental  organizations  in the 
Member States and other  developed 
countries  and their equivalents  in the 
countries concerned; 

Whereas the very  nature  of humanitarian 
aid  calls for  the establishment  of  flexible, 
transparent  and  fast  decision-making 
procedures for the financing of 
humanitarian  operations  and  projects; 
provision  is therefore  made for  the 
Commission, in certain circumstances, to be 
assisted  in its decision-making  by an 
advisory committee; 

Whereas procedures  should  be established 
for  the implementation  and  administration 
of humanitarian  aid  financed  by the 
Community  from  the general  budget, with 
emergency  aid under the fourth  Lomé 
Convention  remaining  subject  to the 
procedures and arrangements laid down in 
that  Convention, 

CHAPTER 1 
Objectives  and general  principles  of humanitarian  aid 

Article 1 

Article  1 

In the course of its humanitarian  action, the 
Community  shall  carry  out non 
discriminatory  assistance, relief and 
protection  operations  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 for  as long as is 
necessary to meet the humanitarian  needs 
arising  from  such situations.  The 
Community  shall  also carry  out operations 
to prepare for  or prevent disasters or 
comparable  emergencies. 

Where local  authorities are unable or 
unwilling to  guarantee the survival and 
protection of the affected  groups of people, 
the Community's humanitarian  aid  shall 
include non-discriminatory  assistance, relief 
and protection operations 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  for. as long as is 
necessary to meet the humanitarian  needs 
arising from  such situations. 

The Community's humanitarian  aid  shall 
also inlcude operations to prepare  for  or 
prevent  disasters or  comparable 
emergencies. 

Article 2 

Article 2 

The principal objectives  of the  humanitarian 
aid referred  to in Article  1 shall be: 

No  amendment 

(a) 

(b) 

(c) 

(d) 

to save and preserve life  during 
emergencies and their  immediate 
aftermath  and natural disasters that 
have caused major  loss of life, 
physical, psychological  or emotional 
suffering,  or material  damage; 

to provide, through  individual 
operations or global plans, the 
necessary  assistance and relief to 
people affected  by longer-lasting 
crises arising, in particular,  from 
outbreaks  of fighting  or wars having 
the effects  described in 
subparagraph (a), especially  where 
their  own governments prove unable 
to help or there is a vacuum of 
power; 

to take any steps necessary to 
facilitate  or obtain freedom  of 
access to the recipients and the free 
flow  of aid; 

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; 

No  amendment 

No  amendment 

No amendment 

to carry  out short-term  rehabilitation and 
reconstruction  work,  which  takes account 
where possible of long-term  development 
goals, 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; 

(e) 

(0 

(g) 

(e) 

to cope with  short- and  longer-term 
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; 

to cope with the consequences of 
short- and longer-term  population 
movements  (refugees,  internally 
displaced people and  returnees) 
caused by natural  and  man-made 
disasters and handle  schemes to 
assist repatriation  to, and 
resettlement  in the country  of  origin 
when the conditions laid  down in 
international  conventions  have  been 
met: 

to ensure preparedness for  disasters 
or  comparable emergencies and set 
up  a suitable rapid-warning and 
intervention  system; 

© 

to prevent and prepare  for  disasters 
or comparable emergencies  and set 
up a suitable rapid-warning  and 
intervention  system; 

to  carry  out operations to protect the 
victims  of fighting  or  comparable 
emergencies. 

(g) 

to carry  out operations to protect  the 
victims of fighting or  comparable 
emergencies in accordance  with 
current  international  conventions. 

Article 3 

Article 3 

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 the 
recipients  of the aid. 

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 homes or  shelters for  affected 
groups of people; the costs associated  with 
the expatriate or local staff  employed  for 
those operations; the  storage,  international 
or national  shipment,  logistics and 
distribution of relief and  any other  action 
aimed at facilitating  or obtaining  freedom 
of access to the recipients of the aid. 

It may  also be used to  finance  any other 
expenditure  directly  related  to the 
implementation  of humanitarian  operations, 
including  the cost of publicizing aid. 

It may  also be used to finance  any  other 
expenditure directly  related  to the 
implementation  of humanitarian  operations. 

Article 4 

Article  4 

Community  aid may also be used to 
finance: 

Community  aid may  also be used to 
finance: 

feasibility  studies, monitoring  and 
evaluation  of  humanitarian 
operations; 

feasibility  studies into  humanitarian 
operations  and the evaluation of 
humanitarian aid  projects  and plans: 

the monitoring  of  humanitarian aid 
projects  and plans: 

training  schemes and  general  studies 
in the field  of humanitarian  action; 

No  amendment 

measures to strengthen  coordination 
with the Member  States, other  donor 
countries, international  humanitarian 
organizations and institutions and 
non-governmental  organizations; 

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; 

public awareness and  information 
campaigns  inside and  outside  the 
Community  aimed  at  increasing 
understanding  of  humanitarian 
issues. 

measures to  strengthen  Commission 
coordination  with  the Member 
States, other  donor countries, 
international  humanitarian 
organizations  and  institutions and 
non-governmental  organizations; 

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; 

activities to  improve  consultation 
and  coordination  between the 
European  Community, its 
operational  partners  and their 
representative  organizations; 

No  amendment 

the publicizing  of  humanitarian 
operations. 

10 

Article 5 

Article 5 

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

No  amendment 

11 

CHAPTER II 
Procedures  for the implementation  of humanitarian  aid 

Article 6 

Article 6 

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. 

Humanitarian aid  operations financed by 
the Community may be implemented  either 
at the request of  international  or non 
governmental  bodies and  organizations  in a 
Member State or  recipient  country  or on 
the initiative  of the  Commission. 

12 

Article  7 

Article 7 

1. 

The humanitarian  partners eligible 
for  funding  under this Regulation 
shall be  non-governmental 
organizations  satisfying  the 
following  conditions: 

The non-governmental  organizations 
eligible for  Community funding  to 
carry out the activities laid  down bv 
this Regulation must: 

(a) 

(b) 

(a) 

(b) 

They  must be legally 
recognized  in  their country 
of origin as independent non 
profit-making  associations. 

They  must have their 
headquarters  in a Community 
Member  State or, 
exceptionally,  a non-member 
country. 

— — — —' 

be independent  non-profit 
making associations in 
accordance  with the 
legislations of the 
Community  Member  State  in 
which thev  are  situated: 

'  •'  •" 

' 

have their  registered 
headquarters in a  Community 
Member  State or  in one of 
the countries in receipt  of 
Community  aid. The 
headquarters  must be the 
actual  centre for  all decisions 
relating to activities  financed 
under this Regulation. 
Exceptionally, the 
headquarters may be in a 
non-Member  State. 

No amendment 

No  amendment 

No  amendment 

When  determining  an NGO's 
suitability  for  Community  funding, 
account  shall be taken of the 
following  factors: 

(a) 

(b) 

(b) 

its administrative and 
financial management 
capacities; 

its technical  and  logistical 
capacity  in relation to the 
planned  operation; 
its technical  and  logistical 
capacity  in relation to the 
planned  operation; 

13 

(c) 

(d) 

(e) 

(f) 

(g) 

its experience in the field of 
humanitarian  aid; 

No  amendment 

the results of operations 
carried out by the NGO 
concerned,  and  in particular 
those financed  by the 
Community; 

its readiness to take part, if 
need be, in the  coordination 
system set up for a 
humanitarian  operation; 

its ability to work with 
humanitarian  agencies  in the 
countries  concerned; 

(d) 

(e) 

(f) 

whether it has signed the 
framework  partnership 
agreement with the 
Community  in the field of 
humanitarian  aid. 

the results of previous  operations 
carried out by  the NGO concerned, 
and in particular  those financed  by 
the  Community; 

its readiness to take part,  if need be, 
in the coordination  system set up  for 
a humanitarian  operation; 

its ability  and  readiness to work 
with humanitarian  agencies and 
grassroots communities in the 
countries  concerned; 

Deleted 

<£> 

(h) 

its independence  and  impartiality  in 
administering humanitarian  aid: 

if needs be. a track  record  in the 
country  concerned. 

Article 8 

Article 8 

The  Community  may  also  finance 
humanitarian  operations by  international 
agencies  and  organizations, and in 
particular  those which have signed the 
framework  partnership agreement  with the 
Community  in the field of humanitarian  aid. 

The Community  may  also  finance 
humanitarian  operations  by  international 
agencies and organizations. 

14 

Article 9 

Article 9 

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. 

Article  10 

In the course of its humanitarian  action, the 
Community  shall endeavour  to develop 
partnership and  cooperation  with non-
member countries. 

9.1  Where appropriate, the  Community 
may also finance humanitarian 
operations  by the European 
Commission or  specialist  Member 
State agencies. 

9.2 

In accordance with the  financial 
rules in force, the Commission may 
administer  funds  made available  to 
it by the Member  States in 
accordance  with procedures  agreed 
beforehand  by the Commission and 
the Member  State  concerned. 

Incorporated  into Article  12 (ex  Article  13) 
under  a new paragraph.  12.3 

Article  11 

Article 10 

The administrative procedures  for 
the management  and  implementation 
of  operations  under this Regulation 
shall be adopted  by the Commission. 

Aid  shall only  be  granted to the 
organizations  referred  to in Articles 
7,  8 and 9 if they  undertake to 
comply  with the  conditions 
transmitted  to them by the 
Commission regarding  its allocation 
and  implementation. 

No  amendment 

Aid  shall only  be granted  to  the 
organizations  and agencies  referred 
to in Articles 7, 8 and 9 if they 
undertake  to comply with the 
conditions transmitted  to them  by 
the Commission regarding  its 
allocation  and  implementation. 

15 

Article  12 

Article  11 

No  amendment  to  the  text 

All  financing  contracts  concluded  under this 
Regulation  shall provide that the 
Commission  and the  Court of  Auditors  may 
conduct  checks  on the spot  and  at the 
headquarters  of  humanitarian  partners 
according  to  the usual procedures 
established by  the Commission under the 
rules  in  force,  and in particular  those  of  the 
Financial  Regulation  applicable  to  the 
general  budget  of the European 
Communities. 

16 

Article  13 

Article 12 

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. 

To that end, the Member States shall 
accord  the Commission all necessary 
assistance, and  in particular  provide 
all relevant  information. 

In order to guarantee  and  enhance 
the effectiveness  and consistency  of 
Community  and national 
humanitarian  aid systems, the 
Commission may take anv  useful 
step to promote close  coordination 
between its activities and the 
Member States' both at decision 
making  level and on the ground. To 
that end, the Member  States and  the 
Commission shall keep each  other 
routinely  informed. 

The Commission shall ensure that 
the humanitarian  activities financed 
bv the Community  are  coordinated 
with those of  international 
organizations and agencies, 
particularly  those which form  part 
of the United Nations. 

The Commission shall endeavour  to 
develop humanitarian  aid 
cooperation  between the  Community 
and non-member  donor countries. 

17 

CHAPTER III 

Procedures for the implementation  of humanitarian  operations 

Article 14 

Article  13 

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. 

Decisions concerning the 
implementation  of global 
humanitarian  aid plans shall be 
adopted  under the procedure  laid 
down  in Article  15. 

The Commission shall appraise, 
decide upon,  administer,  monitor 
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. 

Decisions concerning  the 
implementation  of  global 
humanitarian  aid plans designed to 
provide a coherent  framework  for 
action in a country  or region 
suffering  a prolonged  humanitarian 
emergency  shall  be adopted under 
the procedure  laid  down  in Article 
14. 

18 

Article 14 
ssoaaaaBenBaB 

No amendment to the text 

Article  15 

1. 

2. 

The  Commission shall be assisted by 
an advisory  committee  (hereinafter 
referred  to  as "the committee") made 
up of representatives of the Member 
States and  chaired  by a 
representative of the  Commission. 

The Commission representative shall 
submit  to the committee  a draft  of 
any decisions to be taken under 
Article  14(2).  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. 

3. 

Once  a year,  on the basis of a paper 
presented  by the  Commission 
representative,  there will be a 
discussion on the general  guidelines 
for  humanitarian  operations in the 
year ahead. 

19 

No amendment  to the  text 

In the committee, the Commission 
and the Member  States shall 
examine the priorities  for 
humanitarian action by the 
Community, the entire question of 
the  coordination  of Community  and 
national humanitarian  aid and any 
general  or specific  issues concerning 
Community  aid in that  field. 

The Commission shall notify  the 
committee of the  humanitarian 
operations and projects  adopted, 
indicating the amount  granted, the 
nature of the operation, the  recipient 
country  and the partner 
implementing the aid. 

4. 

Article  16 

Article 15 

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 subsequent operations. 
Evaluation  reports shall be submitted  to the  Evaluation reports  shall be  submitted to the 
committee. 

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  subsequent operations. 

committee and to the budgetary  authority. 

Article  17 

Article 16 

After  the  end  of each budget year, the 
Commission shall report  to Parliament and 
the  Council on the operations  implemented 
in the course of that  year. 

No amendment to the text 

20 

Article  18 

Article  17 

No  amendment  to the  text 

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

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

21 

ISSN 0254-1475 

COM(95) 721  final 

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