Amended proposal for a COUNCIL REGULATION (EC) on aid for population policies and programmes in the developing countries
Date: 1996-09-04
Institutions: European Commission
Subjects: EU aid, birth control, developing countries, family planning, illegal abortion

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  04.09.1996 
COM(96)433 final 

95/0166 (SYN) 

Amended  proposal  for a 

COUNCIL REGULATION (EC) 

on  aid for population policies  and programmes in the 
developing  countries 

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

EXPLANATORY  MEMORANDUM 

The proposed  regulation  lays down  objectives  and  procedures  for  operations  financed 
"Aid  for  population  policies  and 
under  budget  heading  B7-631  (ex-B7-5050) 
programmes in developing countries". 

The  proposal  was  first  presented  by 
(OJ No C 310, 22.11.1995, p. 13). 

the  Commission  on  8 September  1995 

On the basis of a report  by Mr. Jean-Thomas  Nordmann,  on 24 May  1996 Parliament 
unanimously  adopted  the  Commission's  proposal  subject  to  40 amendments.  The 
Council has still to discuss the proposal. 

When  the  proposal  was  discussed  in  Parliament,  the  Commission  stated  that  it  was 
prepared to accept 26 amendments in full  or in part,  in some cases with changes in the 
drafting,  but was unable to accept the remaining 14. 

The  Commission  therefore  has  to  draw  up  an  amended  proposal  incorporating  those 
amendments  it  accepts.  The  bulk  of  the  amendments  are  aimed  at  clarifying  or 
expanding  on  the  scope of  the  Regulation  and  including  references  to  the outcome of 
the World Conference  on Population and Development  (Cairo,  1994), and in particular 
the denunciation  of human rights violations in the form  of  coercive or abusive policies 
or practices and of abortion as a means of curbing population growth. 

As  to  the  amendments  that  the  Commission  did  not  accept  (or  at  least  not  in  their 
entirety), the following  remarks are called  for: 

In some cases the Commission's opposition is a matter of form  rather than substance, a 
question  of  preferring  the  original  wording.  Other  amendments  were  intended  to 
amend  the  procedure  for  implementing  operations.  Clear  and  consistent  legislation 
calls  for  a  certain  uniformity  to  be  maintained  with  like  provisions  in  comparable 
regulations already in force or pending, with no deviation from  standard clauses. 

One  amendment  increasing  the  Community's  financial  contribution  for  population 
programmes  to ECU 300 million  in  the years  to 2000  fell  by  the wayside because  the 
budgetary  authorities  had  taken  no  decision  to  that  effect  and  because  certain  issues 
remained to be resolved. 

Part  of  another  amendment,  which  would  have  imposed  an  across-the-board  ban  on 
funding  for  abortions  under  the budget  item  in  question,  was  rejected  so  that  women 
could be provided with the health care needed to reduce deaths resulting from  abortions 
carried out in poor conditions or abnormal pregnancies. 

:-) 

Amended  proposal  for a 

COUNCIL REGULATION (EC) 

on  aid  for  population  policies  and  programmes  in  the 
developing  countries 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article  130w thereof, 

Having regard to the proposal from  the Commission, 

in cooperation with the European Parliament, 

Whereas  the  capacity  of  most  developing  countries  to  achieve  social  and  economic 
development  is  hampered  by  many  obstacles,  one  of  them  being  the  high  rate  of 
these  countries  have  adopted  national  birth-spacing 
population  growth:  whereas 
programmes; 

Whereas the World Conference on Population  and Development held in Cairo in  1994 has 
adopted a platform  of action: 

Whereas  the  Council,  in  its  resolutions  of  11 November  1986  and  18 November  1992 
respectively  concerning population  and development  and  family  planning  and  cooperation 
with  the  developing  countries,  recognized  the  urgent  need  to  satisfy  unmet  demand  for 
family-planning  services,  at  the  same  time  stressing  the  need  to  help  the  developing 
countries  implement  broad-based  population  programmes  encompassing  all  the  different 
factors determining control over  fertility; 

Whereas  the  Parliament  hearing  of  25 November  1993  highlighted 
the  complex 
relationship  between  population  and  development:  whereas,  up  to  a  point,  population 
growth  may  promote  economic  development:  whereas,  however,  the  very  high  rates of 
growth  observed  in  a  number  of  developing  countries  make  it  impossible  to  satisfy  the 
needs thus  generated  and  open  up prospects  for  balanced  development,  notably  as  far  as 
the environment is concerned. 

Whereas,  against  the present  background  of  globalization  of  trade,  population  issues  are 
one of the elements  contributing to  world-wide interdependence: 

Whereas a number of developing countries have entered a phase of demographic transition 
characterized  by  a  significant  reduction  in  the  fertility  rate  which  points  at  a  change  in 
attitude conducive to a reduction in family  size: 

Whereas  individual  freedom  of  choice  for  women  and  men  in  matters  concerning  their 
fertility  is a significant  element of progress and development: 

6 

Whereas the Community  has been helping  finance  specific  measures and pilot  schemes in 
pursuit of these objectives  since  1990; whereas it is time for the Community  to step up its 
cooperation  in  this  particular  area,  in  accordance  with  the  action  plan  of  the  Cairo 
International Conference on Population and Development; 

Whereas  the  Community  upholds  the  right  of  individuals  to  decide  on  the  number  and 
spacing of their children:  whereas it denounces any violation  of human rights in the  form 
of compulsory abortion,  compulsory  sterilization, infanticide,  rejection,  abandonment and 
abuse inflicted  on unwanted children as a means of curbing population  growth: 

Whereas  the  Community  has  undertaken  to  follow  up  the  Cairo  conference,  notably  by 
increasing its financial  support for population programmes in the developing countries; 

Whereas,  when  implementing  cooperation  measures,  the  decision  adopted  at  the  Cairo 
Conference  according  to  which  abortion  can  never  be  endorsed  as  a  family-planning 
method has to be rigorously observed: 

Whereas  the recipient  countries  must be helped  to introduce  population  programmes  that 
are  compatible  with  sustainable  development,  and  to  develop  strategies  aimed  at  giving 
women  the power  to decide and  achieving  equality  between  women  and  men,  which  are 
determining factors  in the choice  to use family panning,  through  measures in a variety of 
social,  economic  and  cultural  sectors,  and  in  particular  the  key  sectors  of  education  and 
health; 

Whereas,  to  be  truly  effective,  such  population  programmes  must  be  part  of  an  overall 
policy to combat poverty and counter the threats on the environment: 

Whereas  new  operations  of  this  kind  will  only  be  effective  if  they  are  accompanied  by 
sustainable  economic  and  social  development  enabling  the  harmonious  and  progressive 
integration of the developing countries into the world economy; 

Whereas non-governmental  organizations jlay  an essential  role in ensuring  the success of 
in  particular  among  women  and 
health,  education  and  family-planning  policies, 
adolescents. 

Whereas this programme must be funded  by grants from  the Community budget; 

Whereas  administrative  rules  and  procedures  must  be  laid  down  for  cooperation  in  this 
field, 

4 

HAS  ADOPTED  THIS  REGULATION: 

Article 1 

The  Community  shall  conduct  cooperation  in  support  of  population  programmes  and 
policies 

in  the developing  countries. 

Article  la 

Population 
Community's  development  cooperation  policy. 

issues  will  be  progressively 

integrated 

into  the  various  aspects  of 

the 

Article  2 

1.  In  operations  funded  in  the  course  of  the cooperation  referred  to  in  Article  1,  account 
shall be taken  of  the following  priority  objectives: 

-  enabling  women  and  men  to  make  a  free  and  informed  choice  about  the  number  and 

spacing  of  their  children, 

-  contributing  to  the  creation  of  a  socio-cultural,  economic  and  educational  environment 
conducive  to the  full  exercise of  that choice,  especially  for  women  and  adolescents,  and 
in  particular  through  the  condemnation  and  eradication  of  all  forms  of  sexual  violence 
and  abuse which  affect  their  dignity  and  health: 

-  helping  develop  or  reform  health  systems  in  order  to  improve  the  accessibility  and 
quality  of  reproductive  health  care,  thereby  appreciably  reducing  the  risks  to  the  health 
of  women  and  children; 

2.  Community aid may be granted to projects involving activities in the following areas: 

-  support for  the establishment  and development of  reproductive  health  care  services and 
family-planning  services as part  of policies  implemented  by governments,  international 
bodies  and  NGOs,  particularly  targeting  groups  for  whom  the  issue  is  especially 
important,  such as the adolescents: 

-  help  with  the  drafting,  application  or  financing  of  policies  in  the  sectors  of  the 

education of women and health; 

-  the improvement  of reproductive health care services,  encompassing  safer  pregnancies, 
perinatal  care,  family  planning,  prevention  and  treatment  of  sexually  transmitted 
diseases, including AIDS, in terms of infrastructure,  equipment,  supplies or training; 

-  support  for  information,  education  and  awareness  campaigns  aimed,  in  particular,  at 
promoting  understanding  of  the  wider  social  benefits  of  speeding  up  the  demographic 
transition, 

-  the development  of  grassroots  structures,  the voluntary  sector,  local  NGOs and  South-
South  cooperation  for  the implementation  of  programmes,  the exchange  of  experience 
and support for cooperation networks between partners, 

-  family-planning  policy, including information  on safe and legal contraception  methods. 

Article 3 

The  recipients  of  aid  and  cooperation  partners  shall  include  not  only  states  and  regions, 
but  local  services,  regional  organizations,  government  agencies,  traditional  or  local 
communities, private operators and industries,  including cooperatives,  local and Member-
State-based NGOs. and grassroots associations. 

Article 3a 

Women, who are central to any sustainable human development policy,  shall be invited to 
take  part  in 
the  design,  planning,  implementation  and  evaluation  of  all  population 
projects and programmes. 

Article 3b 

Cooperation  initiatives  shall  be  implemented  on  the basis  of  dialogue  with  the  national. 
regional  and local  authorities concerned,  so as to avoid  that policy  measures be imposed 
without consultation and make allowances, as far as possible,  for the economic,  social and 
cultural background of the sections of population concerned. 

Article 4 

Community  assistance  in  the  implementation  of  the  operations  referred  to  in 
1. 
Article 2  shall include studies,  the provision of  services,  technical assistance,  support for 
good  causes,  training  or  other  services,  information,  education  and  communication, 
supplies and works, and evaluation and monitoring missions and audits. 

2. 
According  to  the  needs  of  the  operations  concerned,  Community  financing  may 
cover both capital  investment,  other than the purchase of  real  estate,  and operating  costs 
in  foreign  or  local  currency.  However,  with  the  exception  of  training  programmes, 
operating  costs  may  normally  be  covered  only  during  the  start-up  phase  and  on  a 
degressive basis. 

A  systematic  effort  shall  be  made  to  obtain  a  contribution,  and  in  particular  a 
3. 
financial contribution,  from the ultimate beneficiaries  (countries,  local communities,  firms 
or others), according to their means and the nature of the operation concerned. 

A  financial  contribution  from  the  local  partners,  particularly  in  respect  of 
3a. 
operating costs,  shall be sought as a matter of priority in the case of  projects  intended to 
launch long-term activities,  so as to ensure the viability  of  such projects once Community 
funding comes to an end. 

4. 
Opportunities shall be sought for cofinancing, in particular with the Member States 
or  with  multilateral,  regional  or  other  organizations.  The  requisite  measures  shall  be 
taken to highlight the Community character of aid granted under this Regulation. 

5. 
The  Commission  shall  take  all  coordination  measures  necessary  to  maximize 
overall  efficiency  by  enhancing  the  consistency  and  complementarity  of  operations 
financed  by  the  Community,  the  Member  States  and  other  bilateral  or  multilateral 
providers of funds, and in particular: 

? 

(a)  the  setting-up  of  a  standard  system  for  exchanges  of  information  on  the  operations 
financed  or  considered  for  financing  by  the  Community,  the  Member  States  and  the 
other bilateral  or  multilateral  providers of  funds: 

(b) on-the-spot  coordination  of  operations  through  regular  meetings  and  exchanges  of 
information  between  the  representatives  of  the  providers  of  funds  in  the  recipient 
country. 

Financial  support  under this Regulation  shall take the form  of  grants. 

Article  5 

Article  6 

l.The  Commission  shall  be  responsible  for  appraising,  approving  and  managing 
operations  covered  by  this  Regulation  in  accordance  with  the  budgetary  and  other 
procedures  in  force,  and  in  particular  those  laid  down  in  the  Financial  Regulation 
applicable  to the general  budget of  the European  Communities. 

2.Decisions  relating  to  grants  of  more  than  ECU  2 million  for  individual  operations 
financed under  this Regulation  and  any  changes resulting  in an  increase of  more than 20% 
in  the  sum  initially  approved  for  such  an  operation  shall  be  adopted  under  the  procedure 
laid  down  in  Article 7. 

3. All  financing  agreements  or  contracts  concluded  under  this  Regulation  shall  provide  for 
the Commission  and  the Court  of  Auditors  to conduct  on-the-spot  checks  according  to  the 
usual  procedures  laid  down  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. 

4. Where  operations  are  the  subject  of  financing  agreements  between  the  Community  and 
the  recipient  country,  such  agreement  shall  stipulate  that  the  payment  of  taxes,  duties  or 
any other charges  is not  to be covered  by the  Community. 

5.Participation  in  invitations  to  tender  and  the  award  of  contracts  shall  be  open  on  equal 
terms  to  natural  and  legal  persons  of  the  Member  States  and  of  the  recipient  country.  It 
may be extended  to other developing  countries. 

6. Supplies  shall  originate in  the Member  States,  the recipient  country  or  other  developing 
In  exceptional  cases,  where  circumstances  warrant,  supplies  may  originate 
countries. 
elsewhere. 

* 

Article 7 

l.The Commission shall be assisted by an advisory committee made up of representatives 
from  the  Member  States  and  chaired  by  a  representative  of  the  Commission,  namely, 
depending on the recipient country or region: 

(a)  in the case of the ACP countries,  the EDF Committee set up by Article 21 of Internal 
Agreement 91/401/EEC on the financing  and administration of  Community  aid under the 
fourth Lomé Convention,  adopted on  16 July  1990 by  the representatives  of  the Member 
States meeting within the Council; 

(b) in the case of the Mediterranean countries, the MED Committee set up by Article 6 of 
Council Regulation (EEC) No  1762/921 of 29 June 1992, 

(c)in  the  case  of  Asian  and  Latin  American  countries,  the  ALA  Committee  set  up by 

Article 15 of Council Regulation (EEC) No 443/922 of 25 February  1992 

2.  The Commission representative 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 opinion delivered by the committee.  It 
shall inform the committee of the manner in which its opinion has been taken into account 

3. 
The  committee  shall  meet  once  a  year,  during  a  joint  meeting  of  the  three 
committees  mentioned  in  the first paragraph,  to  discuss  general  guidelines  presented by 
the Commission representative for operations in the year ahead. 

J 
2 

OJ  NO  L  1 5 1,  1 . 7 . 1 9 9 2,  p.  1, 
OJ  No  L  3 2,  2 7 . 2 . 1 9 9 2,  p.  1. 

<b 

Article 8 

At the end of  each budget year,  the Commission  shall present a report to Parliament and 
the Council summarizing the operations financed in the course of that year and evaluating 
the implementation of this Regulation over that period.. 

The  summary  shall  in  particular  contain  information  about  those  with  whom  contracts 
have been concluded. 

The  report  shall  also  summarize  any  independent  evaluation  conducted  of  specific 
operations. 

Article 9 

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

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

This Regulation shall be reviewed five years after its entry into force. 

AO 

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