Proposal for a Council Regulation (EC) on measures to promote the full integration of the environmental dimension in the development process of developing countries
Date: 1999-01-28
Institutions: European Commission
Subjects: EU aid, developing countries, environmental policy, sustainable development, technical cooperation

C  47/10

EN

Official  Journal  of  the  European  Communities

20.2.1999

II

(Preparatory  Acts)

COMMISSION

Proposal  for  a  Council  Regulation  (EC)  on  measures  to  promote  the  full  integration  of  the
environmental  dimension  in  the  development  process  of  developing  countries

(1999/C  47/06)

COM(1999)  36  final  -  1999/0020(SYN)

(Submitted  by  the  Commission  on  28  January  1999)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

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

Having  regard  to  the  proposal  from  the  Commission,

Having  regard  to  the  opinion  of  the  Economic  and
Social  Committee,

Acting  in  accordance  with  the  procedure  referred  to  in
Article  189c  of  the  Treaty,

notably  the  Convention  on  Biological  Diversity,  the
Framework  Convention  on  Climate  Change  and  the
to  Combat  Desertification;  whereas
Convention 
they  are  thus  committed  to  take  into  account  the
common 
responsibilities  of
developed  parties  and  developing  parties  on  these
subjects;

but  differentiated 

(5)(cid:217)Whereas  it  is  important  to  integrate  the  internal  and
external  aspects  of 
the  European  Community’s
environment  policy  in  order  to  have  a  coherent
answer  to  the  challenges  identified  in  the  United
Nations  Conference  on  Environment  and  Devel(cid:220)
opment  (UNCED)  and  its  follow(cid:220)up  processes;

(1)(cid:217)Whereas  depletion  of  natural 

resources  and
environmental  degradation  have  direct  effects  on
the
economic  development  and  especially  on 
thus
livelihoods  of 
counteract 
through
sustainable  development;

the  alleviation  of  poverty 

communities, 

local 

and 

(2)(cid:217)Whereas  current  patterns  of  production  and
consumption  have  undeniable  transboundary  and
global  consequences,  in  particular  where  the  atmo(cid:220)
sphere,  the  hydrosphere,  and  biological  diversity
are  concerned;

(3)(cid:217)Whereas  the  Community  and  its  Member  States  are
signatories  to  the  Rio  Declaration  and  the  Agenda
21  action  programme,  and  are  committed  to  the
UNGASS  Resolution,  "Programme  for  the  further
implementation  of  Agenda  21’;

(6)(cid:217)Whereas  the  Community  and  its  Member  States  are
committed  to  the  OECD/DAC  "Shaping  the  21st
Century  Strategy’,  which  calls  for  the  support  for
for
the 
sustainable  development  in  all  countries  by  2005,  so
as  to  ensure  that  current  trends  in  the  loss  of
environmental  resources  are  effectively  reversed  at
both  global  and  national  levels  by  2015;

implementation  of  national 

strategies 

(7)(cid:217)Whereas  the  European  Parliament  and  the  Council
adopted  on  24  September  1998(cid:216)(˛)  the  review  of  the
European  Community  programme  of  policy  and
the 
action 
environment  and
to 
sustainable  development, 
"Towards  sustainability’,
calling  for  a  strengthened  role  for  the  Community
in  environment  and
in 
sustainable  development;

international  cooperation 

relation 

in 

(8)(cid:217)Whereas  the  European  Council,  held  in  Cardiff  in
June  1998,  welcomed  the  Commission  Communi(cid:220)

(4)(cid:217)Whereas  the  Community  and  its  Member  States  are
parties  to  Multi(cid:220)lateral  Environment  Agreements,

(˛)(cid:217)Decision  No  2179/98/EC  (OJ  L  275,  10.10.1998,  p.  5).

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cation  "Partnership  for  Integration’,  setting  out  a
strategy  for  integrating  environment  into  European
Union  policies,  and  endorsed  the  principle  that
major  policy  proposals  should  be  accompanied  by
the  appraisal  of  their  environmental  impact;

(9)(cid:217)Whereas 

the  Council  and 

the  Member  States
adopted  on  15  July  1996  a  resolution  on  Environ(cid:220)
mental  Assessment  in  Development  Cooperation;

(10)(cid:217)Whereas  sustainable  development  relies  on 

the
genuine  integration  of  an  environmental  dimension
into  the  development  process;

(11)(cid:217)Whereas,  since  resources  are  limited,  the  creation
of  suitable  policies,  strategies  and  tools,  and  the
are
implementation  of 
essential  elements  for  such  integration  in  economic
and  development  cooperation;

experimental 

schemes 

(12)(cid:217)Whereas  the  financial  instruments  available  to  the
in
supple(cid:220)

Community 
developing  countries  could  be  usefully 
mented;

development 

sustainable 

for 

set  out 

(13)(cid:217)Whereas  Council  Regulation  (EC)  No  722/97  of
22  April  1997  on  environmental  measures 
in
developing  countries  in  the  context  of  sustainable
for
development(cid:216)(˛) 
Community  assistance  aimed  at  enabling  developing
countries  to  integrate  the  environmental  dimension
in  their  development  process;  whereas  Regulation
(EC)  No  722/97  was  applicable  until  31  December
1999;  whereas  the  experience  acquired  during  the
implementation  of  Regulation  (EC)  No  722/97
should  be  reflected  in  this  regulation;

framework 

the 

(14)(cid:217)Whereas  measures  need  to  be  taken  to  finance  the

activities  covered  by  this  Regulation;

(15)(cid:217)Whereas  detailed  rules  for  implementation,  and  in
particular  the  form  of  action,  the  recipients  of  the
aid,  and  the  decision(cid:220)making  procedure  should  be
laid  down;

HAS  ADOPTED  THIS  REGULATION:

Article  1

1.(cid:218)(cid:217)The  Community  shall  provide  financial  assistance
and  technical  expertise  in  order  to  support  developing
countries  in  their  efforts  to  integrate  the  environmental
dimension  into  their  development  process.

2.(cid:218)(cid:217)The  assistance  and  expertise  provided  under  this
Regulation 
those
complement  and 
provided  under  other  instruments  of  development  co(cid:220)
operation.

reinforce 

shall 

They  shall  benefit  the  developing  country  stakeholders
directly  and  indirectly  through  the  strengthening  of  the
environmental  dimension  of  the  Community  economic
and  development  cooperation,  with  a  view  to  fully  taking
into 
in
Community  policies  and  programmes.

considerations 

environmental 

account 

Article  2

shall 

1.(cid:218)(cid:217)The  activities  to  be  carried  out  under  this  Regu(cid:220)
lation 
the  purpose  of  elaborating  and
promoting  policies,  strategies,  tools  and  technologies  for
the  pursuit  of  sustainable  development.

serve 

2.(cid:218)(cid:217)They  shall  address:

-(cid:217)global  environmental 

those
issues, 
addressed  by  multilateral  environmental  agreements,
such  as  climate  change,  desertification  and  biological
diversity;

in  particular 

-(cid:217)transboundary  environmental  issues,  in  particular  air

and  water  pollution;

-(cid:217)environmental  impacts  related  to  the  integration  of

developing  countries  into  the  world  economy;

-(cid:217)environmental 

impacts  of  macro(cid:220)economic  and

sectoral  policies  in  developing  countries;

-(cid:217)sustainable  management  and  use  of  natural  and
environmental  resources  in  all  productive  sectors  of
the  economy;

-(cid:217)conservation  of  biological  diversity,  the  sustainable
use  of  its  components,  and  the  fair  and  equitable
sharing  of  the  benefits  arising  from  the  utilisation  of
genetic  resources;

-(cid:217)water(cid:220)related  issues;

-(cid:217)coastal  zone  management;

-(cid:217)desertification;

(˛)(cid:217)OJ  L  108,  25.4.1997,  p.  1.

-(cid:217)urban  environment  problems  relating  inter  alia  to
solid  and  liquid  waste,  air  pollution  and  noise,  and
the  quality  of  drinking  water;

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20.2.1999

-(cid:217)sustainable  production  and  use  of  energy;

-(cid:217)sustainable  patterns  of  production  and  consumption.

-(cid:217)the 

role,  knowledge,  perspectives  and
specific 
contribution 
sustainable
of  women 
management  and  use  of  natural  resources,  based  on
gender  analysis;

the 

in 

3.(cid:218)(cid:217)Activities  eligible  for  financing  include:

-(cid:217)pilot  projects  in  the  field  including  those  involving
environmentally(cid:220)sound  technologies  adapted  to  local
constraints  and  needs;

-(cid:217)the  potential  for  integration  into  the  wider  context  of
Community  development  cooperation  policies  and
programmes;

-(cid:217)the  internalisation  of  environmental  costs,  including

through  economic  instruments.

-(cid:217)schemes  to  build  up  the  institutional  and  operational
capacities  of  actors  in  the  development  process,  i.e.
government,  NGOs,  private  sector,  civil  society,  at
national,  regional  and  local  level;

5.(cid:218)(cid:217)Lesson(cid:220)learning  and  dissemination  of  the  results  of
the  activities  carried  out  will  be  essential  elements  of
implementing  this  regulation.

-(cid:217)the  elaboration  of  policies,  plans  and  strategies  for

sustainable  development;

Article  3

-(cid:217)the 

formulation  of  guidelines  and  operational
manuals  aimed  at  promoting  sustainable  development
and  environmental  integration;

-(cid:217)support 

to 

the  development  and  application  of
environment  assessment  tools  in  the  preparation  and
implementation  of  policies,  strategies,  programmes
and  projects;

-(cid:217)inventory,  accounting  and  statistical  work,  in  order
to  improve  environmental  data  and  environmental
indicators;

-(cid:217)raising  awareness  of  local  populations  and  key  actors
in  the  development  process  and  development  coop(cid:220)
eration  with  regard  to  the  implications  of  sustainable
development, 
information
campaigns  and  training;

in  particular 

through 

Aid  recipients  and  cooperation  partners  shall  include  not
only  States  and  regions  but  also  international  organ(cid:220)
regional  bodies,
izations,  decentralised  departments, 
public  agencies, 
local  communities,
traditional  and 
private  operators  and  industries,  including  cooperatives
and  NGOs  and  associations  representing  local  people.

Article  4

1.(cid:218)(cid:217)Community  financing  may  cover  studies,  technical
assistance,  education,  training  or  other  services,  supplies
and  works,  small  grant  funds  as  well  as  appraisals,  audits
and  evaluation  and  monitoring  missions.

investment, 

linked  to  a  specific
It  may  cover  both 
the
programme  or  project,  with 
expenditure
purchase  of  buildings,  and 
(including  administrative,  maintenance  and  operating
expenditure).

the  exception  of 
recurring 

-(cid:217)support  to  multilateral  processes.

4.(cid:218)(cid:217)Particular  attention  will  be  given  to:

-(cid:217)the 

linkage  with  the  overall  objective  of  poverty

alleviation;

However,  apart  from  training,  education  and  research
programmes,  such  expenditure  may  as  a  general  rule  be
covered  only  during  the  start(cid:220)up  period  and  the  cover
shall  decrease  gradually.

2.(cid:218)(cid:217)A  contribution  from  the  partners  defined  in  Article
3  shall  be  sought  for  each  cooperation  operation.  Their
contribution  shall  be  requested  according  to  their  means
and  the  nature  of  the  operation  concerned.

-(cid:217)local  initiatives  involving  innovative  measures  aimed

at  sustainable  development;

-(cid:217)active  involvement  and  support  of  local  populations,

including  indigenous  communities;

3.(cid:218)(cid:217)Opportunities  may  be  sought  for  cofinancing  with
other  donors,  especially  with  Member  States  and  the
international  organisations  concerned.  In  this  respect,  a
coordination  with  the  measures  taken  by  other  donors
shall  be  sought.

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C  47/13

4.(cid:218)(cid:217)The  necessary  measures  shall  be  taken  to  emphasise
the  Community  character  of  the  aid  provided  under  this
Regulation.

5.(cid:218)(cid:217)In  order  to  attain  the  objectives  of  consistency  and
complementarity  laid  down  in  the  Treaty  and  with  the
aim  of  guaranteeing  optimum  efficiency  for  the  totality
of  these  operations,  the  Commission  may  take  all  coordi(cid:220)
nation  measures  necessary,  including  in  particular:

(a)(cid:217)the  establishment  of  a  system  for  the  systematic
exchange  and  analysis  of  information  on  operations
financed  or  being  considered  for  financing  by  the
Community  and  the  Member  States;

(b) on(cid:220)the(cid:220)spot  coordination  of 

these  operations  by
regular  meetings  and  exchange  of
means  of 
information  between 
the
the 
Commission  and  Member  States  in  the  beneficiary
country,  and  the  representatives  of  the  beneficiary
countries.

representatives  of 

6.(cid:218)(cid:217)In  order  to  obtain  the  greatest  possible 
impact
globally  and  nationally,  the  Commission,  in  liaison  with
the  Member  States,  shall  take  any  initiative  necessary  for
ensuring  proper  coordination  and  close  collaboration
with  the  beneficiary  countries  and  the  providers  of  funds
and  other  international  agencies  involved,  in  particular
those  forming  part  of  the  United  Nations  system.

Article  5

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

Article  6

be 

shall 

for
1.(cid:218)(cid:217)The  Commission 
appraising,  deciding 
administering  operations
covered  by  this  Regulation  according  to  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.

responsible 

and 

3.(cid:218)(cid:217)The  Commission  shall  be  authorised  to  approve,
without  seeking  the  opinion  of  the  Committee  referred
in  Article  7,  any  extra  commitments  needed  for
to 
covering  any  expected  or 
in
the
connection  with 
overrun  or  additional  requirement  is  less  than  or  equal  to
20(cid:216)%  of  the  initial  commitment  fixed  by  the  financing
decision.

real  cost  overruns 
that 

the  operations,  provided 

4.(cid:218)(cid:217)All  financing  agreements  or  contracts  concluded
under  this  Regulation  shall  provide  for  the  Commission
and  the  Court  of  Auditors  to  conduct  on(cid:220)the(cid:220)spot  checks
according  to  the  usual  procedures  laid  down  by  the
Commission  under  the  rules  in  force,  in  particular  those
of  the  Financial  Regulation  applicable  to  the  general
budget  of  the  European  Communities.

5.(cid:218)(cid:217)Where  operations  are  the  subject  of  financing
agreements  between  the  Community  and  the  recipient
country,  such  agreements  shall  stipulate  that  the  payment
of  taxes,  duties  or  any  other  charges  is  not  to  be  covered
by  the  Community.

6.(cid:218)(cid:217)Participation  in  invitations  to  tender,  and  the  award
of  contracts  shall  be  open  on  equal  terms  to  all  natural
and  legal  persons  of  the  Member  States  and  of  the
recipient  country. 
to  other
developing  countries.

It  may  be  extended 

7.(cid:218)(cid:217)Supplies  shall  originate  in  the  Member  States,  the
recipient  country  or  other  developing  countries.  In
exceptional  cases,  where  circumstances  warrant,  supplies
may  originate  elsewhere.

8.(cid:218)(cid:217)Particular  attention  will  be  given  to:

-(cid:217)the  pursuit  of  cost(cid:220)effectiveness  and 

sustainable

impact  of  activities;

-(cid:217)the  clear  definition  and  monitoring  of  objectives  and

indicators  of  achievement  for  all  activities.

2.(cid:218)(cid:217)Decisions  relating  to  grants  of  more  than  EUR
2  million  for  individual  operations  financed  under  this
Regulation,  shall  be  adopted  under  the  procedure  laid
down  in  Article  7.

Article  7

1.(cid:218)(cid:217)The  representative  of  the  Commission  shall  be
assisted  by 
the  geographically(cid:220)determined  Committee
competent  for  development.

The  Commission  shall  inform  the  Committee  referred  to
in  Article  7  succinctly  of  any  financing  decisions 
it
intends  to  take  with  regard  to  projects  and  programmes
of  less  than  EUR  2  million  in  value.  The  information
shall  be  made  available  not  later  than  one  week  before
the  decision  is  taken.

2.(cid:218)(cid:217)The  representative  of  the  Commission  shall  submit
to  the  committee  a  draft  of  the  measures  of  a  general
its
nature  to  be  taken.  The  committee  shall  deliver 
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.

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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  extent  to  which  its  opinion  has  been
taken  into  account.

Article  8

An  exchange  of  views  shall  take  place  once  a  year  on  the
basis  of  a  presentation  by  the  representative  of  the
Commission  of  the  general  guidelines  for  the  operations
to  be  carried  out  in  the  year  ahead,  in  the  framework
of  a  joint  meeting  of  the  committees  referred  to  in
Article(cid:217)7(1).

2.(cid:218)(cid:217)The  Commission  shall  regularly  assess  operations
financed  by  the  Community  with  a  view  to  establishing
whether  the  objectives  aimed  at  by  those  operations  have
been  achieved,  and  to  providing  guidelines  for  improving
the  effectiveness  of  future  operations.  The  Commission
shall  submit  to  the  Committee  referred  to  in  Article  7  a
summary  of  the  assessments  made  which  may,  if  appro(cid:220)
priate,  be  examined  by  the  Committee.  The  assessment
reports  shall  be  available  to  any  Member  State  requesting
them.

3.(cid:218)(cid:217)The  Commission  shall  inform  the  Member  States,
at  the 
its  decision,  of  the
operations  and  projects  that  have  been  approved,  stating
their  cost  and  nature,  the  recipient  country  and  partners.

latest  one  month  after 

4.(cid:218)(cid:217)The  financial  guide,  specifying  the  guidelines  and
criteria  applicable  to  the  selection  of  projects,  shall  be
published  and  communicated  to  the  interested  parties
by 
including  Commission
the  Commission  offices 
delegations  in  beneficiary  countries.

Article  9

Article  10

1.(cid:218)(cid:217)After  each  budget  year, 
the  Commission  shall
submit  an  annual  report  to  the  European  Parliament  and
the  Council,  summarising  the  operations  financed  in  the
course  of  that  year,  and  evaluating  the  implementation
of  this  Regulation  over  that  period.

in  particular  provide 

The  summary  shall 
information
about  the  nature  and  quantity  of  the  projects  financed,
and  about 
those  with  whom  contracts  have  been
concluded.  The  report  shall  also  indicate  the  number  of
if  any,  regarding
external  assessments  carried  out, 
specific  activities.

1.(cid:218)(cid:217)This  Regulation  shall  enter  into  force  on  the  third
day  following  of  its  publication  in  the  Official  Journal  of
the  European  Communities.

2.(cid:218)(cid:217)Four  years  after  the  entry  into  force  of  this  Regu(cid:220)
lation,  the  Commission  shall  submit  to  the  European
Parliament  and  to  the  Council  an  overall  assessment  of
the  operations  financed  by  the  Community  under  this
Regulation,  together  with  suggestions  concerning  the
future  of  this  Regulation.

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

in 

its  entirety  and