Amended proposal for a European Parliament and Council Regulation on measures to promote the conservation and sustainable management of tropical forests and other forests in developing countries
Date: 2000-02-09
Institutions: European Commission
Subjects: developing countries, forest, forest conservation, sustainable development, tropical forest

29.8.2000

EN

Official Journal of the European Communities

C 248 E/97

Amended proposal for a European Parliament and Council Regulation on measures to promote the
conservation and sustainable management of tropical forests and other forests in developing
countries (1)

(2000/C 248 E/05)

(Text with EEA relevance)

COM(2000) 54 final (cid:151) 1999/0015(COD)

(Submitted by the Commission on 9 February 2000)

(1) OJ C 87, 29.3.1999, p. 97.

INITIAL PROPOSAL

AMENDED PROPOSAL

THE COUNCIL OF THE EUROPEAN UNION,

THE EUROPEAN PARLIAMENT AND 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 Treaty establishing the European
Community, and in particular Articles 175 and 179 thereof,

Having regard to the proposal from the Commission,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of
Committee (2),

the Economic and Social

Having regard to the opinion of
Regions (3),

the Committee of

the

Acting in accordance with the procedure laid down in Article
189c of the Treaty (3),

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3),

Whereas:

(1) Forests have a variety of functions and values for mankind
and can contribute to the achievement of Community
development
as
environment
poverty reduction, sustainable economic and social devel-
opment and protection of the environment.

objectives

such

and

(1) Forests have a variety of functions and values for mankind
and can contribute to the achievement of Community
development and environment objectives such as the
sustainable economic and
campaign against poverty,
social
the
the
and
development
environment.

protection

of

(2) In numerous resolutions,

the European Parliament has
expressed its concern over the destruction of forests and
the consequences for forestpeoples.

(2) In numerous resolutions,

the European Parliament has
expressed its concern over the destruction of forests and
the
in
particular indigenous peoples.

forest-dependent

consequences

people,

for

(3) In reply to the request by the European Parliament in its
Resolution on the European Union’s forestry strategy (2)
in . . ., Communication
the Commission has adopted,
setting out a strategy for Community action on the
promotion
sustainable
management of forests in developing countries.

conservation

and

the

of

___________
(2) OJ C 55, 24.2.1997, p. 22.

(3) In reply to the request by the European Parliament in its
Resolution on the European Union’s forestry strategy (4)
the Commission has adopted, in . . ., the Communication
(cid:145)Forests and Development (cid:151) the EC approach(cid:146) setting out
a strategy for Community action on the promotion of the
conservation and sustainable management of
forests in
developing countries.

___________
(1) COM(1999) 41 final.
(2) REX/016 of 7.7.1999.
(3) . . .
(4) OJ C 55, 24.2.1997, p. 22.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(4) The objectives of this strategy are to be pursued in the
context of the broader Community aim to promote the
conservation and sustainable use of forests, in whatever
geographical area or climate zone they may be situated.

Unchanged

(5) 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 (cid:145)Programme
for the further implementation of Agenda 21(cid:146).

(5) The Community and its Member States are signatories to
the Rio Declaration and the Agenda 21 action programme
and are committed to the United Nations General
resolution
Assembly
(cid:145)Programme for the further implementation of Agenda
21(cid:146).

(UNGASS)

Session

Special

(6) The Community and its Member States are members of
the World Trade Organisation and parties to Multilateral
Environment Agreements, notably the Convention on
Framework Convention on
Biological Diversity,
Climate Change and the Convention to Combat Desertifi-
cation; they are thus committed to take into account the
common but differentiated responsibilities of developed
parties and developing parties on these subjects.

the

Unchanged

endorsed

(7) In its 1997 Special Session, the United Nations General
action
Assembly has
formulated in the framework of
the Intergovernmental
Panel on Forests (IPF); the Community and its Member
States are fully committed to the implementation of
these proposals.

the proposals

for

(8) Council Regulation (EC) No 3062/95 of 20 December
forests (1) set
1995 on operations to promote tropical
out
the framework for Community assistance in this
area; Regulation (EC) No 3062/95 was applicable until
31 December 1999; the experience acquired during the
implementation of Regulation (EC) No 3062/95 should be
reflected in this regulation.

(8) Council Regulation (EC) No 3062/95 of 20 December
forests (1) set
1995 on operations to promote tropical
out
the framework for Community assistance in this
area; Regulation (EC) No 3062/95 was applicable until
31 December 1999; the experience acquired during the
implementation of Regulation (EC) No 3062/95 should be
reflected in this regulation.

(9) In its Resolution of 30 November 1998,

the Council
acknowledges
forest peoples play in
that
managing the environment, in particular with regard to
the
in
developing countries.

conservation and sustainable use of

forests

role

the

(9) In its Resolution of 30 November 1998,

the Council
acknowledges the role that indigenous peoples play in
managing the environment, in particular with regard to
the
in
developing countries.

conservation and sustainable use of

forests

(10) existing financial instruments available to the Community
for supporting the conservation and sustainable devel-
opment of forests could usefully be supplemented.

(10) The financial instruments available to the Community for
supporting the conservation and sustainable development
of forests should be supplemented.

___________
(1) OJ L 327, 30.12.1995.

___________
(1) OJ L 327, 30.12.1995.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(11) Provision should be made for funding the operations

referred to in this Regulation.

(11) Provision should be made for
referred to in this Regulation.

funding the activities

(12) rules for implementation, in particular the form of action,
recipients of aid and decision-making procedures should
be laid down,

(12) Detailed rules for implementation should be laid down, in
particular the form of action, the co-operation partners
and the decisionmaking procedure.

(13) In accordance with Article 2 of Council Decision
1999/468/EC of 28 June 1999 laying down the
implementing powers
procedures
conferred on the Commission (1) measures
the
implementation of this Regulation should be adopted by
use of the advisory procedure provided for in Article 3 of
that Decision,

the exercise of

for

for

HAS ADOPTED THIS REGULATION:

HAVE ADOPTED THIS REGULATION:

Article 1

Article 1

to promote

The Community shall provide financial assistance and technical
expertise
conservation and sustainable
management of tropical forests and other forests in developing
countries so as to meet the economic, social and environmental
demands placed on forests at local, national and global levels.

the

financial

This
shall
and
complement and reinforce the assistance provided through
other instruments of development co-operation.

assistance

expertise

technical

The Community shall provide financial assistance and appro-
priate expertise to promote the conservation and sustainable
management of tropical forests and other forests in developing
countries, so as to meet the economic, social and environ-
local, national and
mental demands placed on forests at
global levels.

The assistance and expertise provided under this Regulation
shall complement and reinforce that provided through other
instruments of development co-operation.

Article 2

Unchanged

For the purposes of this Regulation:

1.

2.

the natural and semi-natural

(cid:145)Tropical forests and other forests in developing countries(cid:146)
means
forest ecosystems,
whether primary or secondary, whether closed or open
forests, in both dry and humid areas. The areas concerned
are those found within the territories of African, Caribbean
and Pacific countries, the Mediterranean countries and the
countries of Latin America and Asia.

1.

(cid:145)Tropical forests and other forests(cid:146) means natural and semi-
natural forest ecosystems, whether primary or secondary,
whether closed or open forests,
in dry, semi-arid and
humid areas.

(cid:145)Conservation(cid:146) means all operations to preserve and reha-
bilitate forests, in particular operations designed to protect
or restore the biological diversity and ecological functions of
the forest ecosystem, while securing as far as possible their
current and future value for mankind and in particular for
forest peoples.

2.

(cid:145)Conservation(cid:146) means all activities to preserve and reha-
bilitate forests,
in particular activities designed to protect
or restore the biological diversity and ecological functions
of the forest ecosystem, while securing as far as possible
their current and future value for mankind and in particular
for forest-dependent people.

___________
(1) OJ L 184, 17.7.1999, p. 23.

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INITIAL PROPOSAL

AMENDED PROPOSAL

3.

their biological diversity, productivity,

(cid:145)Sustainable forest management(cid:146) means the management and
use of forests and wooded lands in a way, and at a rate, that
regen-
maintains
eration capacity, vitality and their potential to fulfil, now
and in the future, relevant ecological, economic and social
functions, at
levels, without
local, national, and global
causing any damage to other ecosystems.

Unchanged

4.

(cid:145)Sustainable development(cid:146) means the improvement of the
standard of living and welfare of the relevant populations
within the limits of the capacity of the ecosystems by main-
taining natural assets and their biological diversity for the
benefit of present and future generations.

5.

(cid:145)Forest peoples(cid:146) means the indigenous peoples who inhabit
the forest or claim it as their home and any people who live
in or near the forest and have traditionally been directly and
to a large extent dependent on the forest.

5.

the forest or claim it as their

(cid:145)Forest-dependent people(cid:146) means the indigenous peoples
who inhabit
traditional
home and any people who live in or near the forest and
have traditionally been directly and to a large extent
dependent on the forest.

Article 3

Article 3

Activities to be carried out pursuant to this Regulation shall
aim at:

Activities to be carried out under this Regulation shall aim at:

(cid:151) raising the status of forests in national policies and inte-

grating forest policies in development planning;

(cid:151) raising the status of forests in national policies and inte-
forest

grating
on
management in development planning;

sustainable

policies

based

forest

(cid:151) promoting the production and use of wood and non-wood

Unchanged

forest products from sustainably managed resources;

(cid:151) contributing to the adequate valuation of forest resources

and services.

Article 4

In the provision of

1.
financial assistance and technical
expertise aimed at attaining the objectives set out in Article
3,
the Community shall give special consideration to the
promotion of:

(a) Development of appropriate national and international
forest policy frameworks based on realistic valuation of
including land use planning, equitable trade in
forests,
legal and fiscal
sustainably produced forest products,
to the private
support
measures,
sector and taking into account other
sectoral policies
which impact on forests and the interests and customary
rights of forest peoples;

institution building,

The activities to be carried out under this Regulation shall

1.
address in particular:

(a) Development of appropriate national and international
forest policy frameworks based on realistic valuation of
forests, which include land use planning, equitable trade
legal and fiscal
in sustainably produced forest products,
to self-devel-
measures,
opment of
forest-dependent people to shape their own
social, economic and cultural development, and support
to the private sector. These shall take into account other
sectoral policies which impact on forests and the interests
and customary rights of forest-dependent people;

institution building and support

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INITIAL PROPOSAL

AMENDED PROPOSAL

(b) Conservation of forests which are recognised as being of
high ecological value as well as restoration of degraded
forest areas, which are considered to be of
importance
due to their local and global impacts such as the protection
of hydrographic basins,
the prevention of soil erosion,
climate change and the preservation of biological diversity;

(b) Conservation and

forests which are
restoration of
considered to be of importance due to their high ecological
value, in particular their value for the preservation of biodi-
versity, or due to their local and global impacts, such as the
protection of hydrographic basins, the prevention of soil
erosion or of climate change;

(c) Sustainable forest management and utilisation to provide
and
economic,
including inter alia forest certification and environmentally
sound harvesting of both wood and non-wood forest
products and natural and assisted forest regeneration;

environmental

benefits

social

and

and

social

environmental

(c) Sustainable forest management and utilisation to provide
and
economic,
including inter alia forest certification - taking account of
the different management conditions for small and large
forest areas - and environmentally sound harvesting of
both wood and non-wood forest products and natural
and assisted forest regeneration;

benefits

(d) Economic viability of

sustainable

forest management
through more efficient utilisation of forest products and
technical
improvements of downstream activities related
to the forest sector such as small and medium scale
processing and marketing of wood and non-wood forest
products, the sustainable use of wood as energy source
and the development of
to agricultural
practices based on forest clearing;

alternatives

(d) Economic viability of

sustainable

forest management
through more efficient utilisation of forest products and
technical
improvements of downstream activities related
to the forest sector such as small and medium scale
processing and marketing of wood and non-wood forest
the sustainable use of wood as an energy
products,
source and the promotion of alternatives to agricultural
practices based on forest clearing;

(e) Knowledge and information generation and management
concerning forest
to
provide a sound scientific basis for realising the activities
listed under (a) to (d).

services and products,

in order

(e) Knowledge and information generation and management
concerning forest
to
provide a sound scientific basis for the activities listed
under (a) to (d).

services and products,

in order

Operations carried out pursuant to this Regulation shall
7.
innovative
concentrate on pilot projects
programmes, studies and research, the results of which will
enable the EC to develop, adjust and implement
its forest
sector cooperation policies.

in the

field,

2.
Activities eligible for financing shall include pilot projects
in the field, innovative programmes, studies and research, the
results of which will, in addition to their specific objectives,
contribute
and better
implementation of forestry policies of the Community and of
partner countries.

development,

adjustment

to the

3.

Particular attention shall be given to:

(cid:151) encouraging private entrepreneurship in the forest products
processing and marketing chain, in the context of agreed
policies for private sector development and taking into
systems and community-based
account existing social
economic activities;

(cid:151) encouraging

and socially

environmentally

responsible
private entrepreneurship in the forest products processing
and marketing chain, in the context of agreed policies for
private sector development and taking into account existing
social systems and community-based economic activities;

(cid:151) encouraging the direct participation of developing country
public and private organisations, ensuring appropriate scale
of
administrative
procedures to locally manageable level;

interventions

adaptation

and

of

(cid:151) encouraging

the direct participation of

co-operation
partners in the developing countries, and at
the same
time ensuring an appropriate scale of interventions and
adaptation
locally
manageable levels;

administrative

procedures

of

to

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INITIAL PROPOSAL

AMENDED PROPOSAL

(cid:151) participation of forest peoples in operations carried out

pursuant to this Regulation;

(cid:151) participation

of

people

forest-dependent

local
communities in activities carried out under this Regulation,
their development priorities and
taking into account
economic, social and cultural rights,
inter alia through
capacity building, in order to ensure their full participation
in all decision-making processes;

and

(cid:151) sustainability of any proposed activity, social, economic as

Unchanged

well as environmental;

(cid:151) proper co-ordination and information flows between the
Commission and the Member States in order to ensure
coherence of activities in the regions concerned;

(cid:151) gender-specific

roles,

knowledge,

perspectives

contributions of women/girls
management and use of forests.

and men/boys

and
in the

2.

Priorities shall be determined in accordance with:

4.

Priorities shall be determined in accordance with:

(cid:151) the needs of each country as reflected in regional and
national development and environment policies relating to
forests, considering National Forest Plans, and

(cid:151) the needs of each country as reflected in regional and
national development and environment policies relating to
forests, considering national forest plans and local needs,
and

(cid:151) Community co-operation objectives as established in jointly

agreed country strategy papers.

(cid:151) Community co-operation objectives as established by the
Commission in jointly agreed country strategy papers.

4.
Operations carried out pursuant to this Regulation shall
be preceded by environmental and social impact assessments,
as well as analysis of financial and economic feasibility. These
operations shall also be preceded by provision of relevant
information to forest peoples and be conditional on their
support.

by

and

socio-cultural

environmental

including an assessment of

Activities carried out under

this Regulation shall be
5.
impact
preceded
assessments,
the congruence of
the envisaged operations with the development priorities of
the forest-dependent people and local communities concerned,
as well as analysis of financial and economic feasibility. These
activities shall also be preceded by a transparent exchange of
information with
local
forest-dependent
communities and be conditional on their support.

people

and

Operations carried out will be evaluated using specific quanti-
tative and qualitative indicators set in the reference conditions.

Deleted

Operations carried out pursuant to this Regulation shall
5.
be coordinated with, and may provide support for, national
and international programmes and operations on the conser-
vation and sustainable management of forests, in particular the
proposals for action formulated in the context of the IPF/IFF
process.

Activities carried out under this Regulation shall be coor-
6.
dinated with, and may provide support for, national and inter-
national programmes and activities on the conservation and
sustainable management of forests, in particular the proposals
for action formulated by the Intergovernmental Panel
for
Forests/Intergovernmental Forum for Forests (IPF/IFF) process.

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INITIAL PROPOSAL

AMENDED PROPOSAL

6. When appropriate, operations shall be carried out within
regional organisations and international
the framework of
programmes of co-operation and shall form part of a global
policy on the conservation and sustainable management of
forests.

7. When appropriate, activities shall be carried out within
regional organisations and international
the framework of
programmes of co-operation and shall be supportive to the
development of a global policy on the conservation and
sustainable management of forests.

Article 5

Article 5

Aid recipients and co-operation partners shall include not only
States and regions but also international organisations, decen-
tralised departments, regional bodies, public agencies,
tradi-
tional and local communities, private operators and industries,
including cooperatives and NGOs and associations representing
local people.

include international organisations,

Co-operation partners which may receive assistance under this
Regulation shall
states,
regions and regional bodies, decentralised departments, public
agencies, private operators and industries, co-operatives, local
communities, non-governmental organisations and associations
representing local people, in particular forest-dependent people.

Article 6

Article 6

studies,

Community

1.
technical
financing may cover
assistance, education, training or other services, supplies and
funds as well as appraisals, audits and
works, small grant
It may cover, technical
evaluation and monitoring missions.
and administrative assistance costs,
the
to the benefit of
Commission and the beneficiary, related to operations other
than the permanent tasks of the public administration, linked
to the identification, preparation, management, monitoring,
auditing and control of programmes or projects.

studies,

Community

1.
technical
financing may cover
assistance, education, training or other services, supplies and
works, small grant
funds as well as appraisals, audits and
evaluation and monitoring missions. It may cover, within the
limit established annually by the budgetary authority, technical
and administrative assistance costs,
the
Commission and the beneficiary, related to operations other
than the permanent tasks of the public administration, linked
to the identification, preparation, management, monitoring,
auditing and control of programmes or projects.

to the benefit of

Community financing may cover both investment, linked to a
specific programme or project, with the exception of
the
purchase of real estate, and, recurring expenditure (including
administrative, maintenance and operating expenditure).

Community financing may cover both investment, linked to a
specific activity, with the exception of the purchase of real
estate, and, recurrent expenditure (including administrative,
maintenance and operating expenditure).

However, with the exception of
training, education and
research programmes, operating costs may normally be
covered only during the start-up phase and on a gradually
decreasing basis.

With the exception of
training, education and research
programmes, recurrent expenditure may normally be covered
only during the start-up phase and on a gradually decreasing
basis.

A contribution shall be sought

from the beneficiaries
2.
defined in Article 5. Their contribution shall depend on their
means and the nature of the operation concerned.

A contribution from the co-operation partners defined in
2.
Article 5 shall be sought for each co-operation activity. Their
contribution shall be requested according to their means and
the nature of the activity concerned.

3.
Opportunities may be sought for cofinancing with other
donors, especially with Member States and the international
organisations concerned. In this respect, a co-ordination with
the measures taken by other donors shall be sought.

3.
Opportunities may be sought for cofinancing with other
donors, especially with Member States and the international
organisations concerned.
In this respect, co-ordination with
the measures taken by other donors shall be sought.

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INITIAL PROPOSAL

AMENDED PROPOSAL

The necessary measures shall be taken to emphasise the
to this

the aid provided pursuant

4.
Community character of
Regulation.

In order

to attain the objectives of consistency and
5.
complementarity laid down in the Treaty and with the aim
of guaranteeing optimum efficiency for the totality of these
operations,
co-ordination
the Commission may take
measures necessary, including in particular:

all

The necessary measures shall be taken to emphasise the
the assistance provided under this

4.
Community character of
Regulation.

In order

to attain the objectives of consistency and
5.
complementarity laid down in the Treaty and with the aim
of guaranteeing optimum efficiency for all these activities, the
Commission will,
take all
co-ordination measures necessary, including in particular:

in liaison with Member States,

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

(a) the systematic exchange and analysis of

information on
operations financed or being considered for financing by
the Community and the Member States;

(b) on-the-spot co-ordination of these operations by means of
regular meetings and exchanges of information between the
representatives of the Commission and Member States in
the beneficiary countries.

(b) on-the-spot co-ordination of these activities by means of
information between
the Member

regular meetings and exchange of
representatives of
States in the beneficiary countries.

the Commission and of

6.
In order to obtain the greatest possible impact at global,
national and local levels, the Commission, in liaison with the
Member States, may take any initiative necessary for ensuring
especially
proper
regarding the exchange of information, with the beneficiary
countries, donors and international organisations, funds and
programmes involved, in particular those forming part of the
United Nations system.

co-ordination and close

collaboration,

6.
In order to obtain the greatest possible impact of the
activities at global, national and local levels, the Commission,
in liaison with the Member States, will
take any initiative
necessary for ensuring proper co-ordination and close colla-
boration, especially regarding the exchange of
information,
with the co-operation partners, donors and other international
organisations involved, in particular those forming part of the
United Nations system.

Article 7

Article 7

Financial support pursuant to this Regulation shall take the
form of grants.

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

Article 8

Article 8

1.
The Commission shall be responsible for appraising,
deciding on and 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.

to finance

The Commission shall be responsible for appraising,
1.
taking decisions
and administering activities
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.

2.
Each year the Commission shall present a document
establishing strategic guidelines and priorities for implementing
the activities to be carried out in the following year. This
document
the
Committees referred to in Article 9, paragraph 1.

shall be discussed in a joint meeting of

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2.
Decisions relating to grants of more than EUR 2 million
for individual operations financed pursuant to this Regulation
shall be adopted under the procedure laid down in Article 9.

3.
Decisions relating to grants of more than EUR 2 million
for individual activities financed under this Regulation shall be
adopted by the Commission in accordance with the procedure
laid down in Article 9.

The Commission shall inform the Committee referred to
4.
in Article 9(1) succinctly of any financing decisions it intends
to take with regard to activities of less than EUR 2 million in
value. The information shall be made available not later than
one week before the decision is taken.

3.
The Commission shall be authorised to approve, without
seeking the approval of the Committee referred to in Article 9,
any extra commitments needed for covering any expected or
real cost overruns in connection with the operations, provided
that the overrun or additional requirement is less than or equal
to 20 % of
fixed by the financing
decision.

the initial commitment

5.
The Commission shall be authorised to approve any extra
commitments needed for covering any expected or real cost
overruns or additional requirements in connection with the
activities, provided that the overrun or additional requirement
is less than or equal to 20 % of the initial commitment fixed by
the financing decision.

4.
All financing agreements or contracts concluded pursuant
to this Regulation shall provide for the Commission and the
Court of Auditors to conduct on-the-spot checks in accordance
with the usual procedures laid down by the Commission under
the rules in force, in particular those of the Financial Regu-
lation applicable to the general budget of
the European
Communities.

6.
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 in accordance
with the usual procedures laid down by the Commission under
the rules in force, in particular those of the Financial Regu-
lation applicable to the general budget of
the European
Communities.

5. 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.

7. 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.

Participation in invitations to tender and the award of
terms to all natural and
the recipient
It may be extended to other developing countries
in exceptional cases which are fully justified, to other

6.
contracts shall be open on equal
legal persons of
country.
and,
third countries.

the Member States and of

Participation in invitations to tender and the award of
terms to all natural and
the recipient
It may be extended to other developing countries
in exceptional cases which are fully justified, to other

8.
contracts shall be open on equal
legal persons of
country.
and,
third countries.

the Member States and of

Supplies

shall originate in the Member States,

7.
the
recipient country or other developing countries. In exceptional
cases, where circumstances warrant, supplies may originate in
other countries.

Supplies

shall originate in the Member States,

9.
the
recipient country or other developing countries. In exceptional
cases, where circumstances warrant, supplies may originate in
other countries.

8.

Particular attention will be given to:

10.

Particular attention will be given to:

(cid:151) the pursuit of cost-effectiveness and sustainable impact in

(cid:151) the pursuit of cost-effectiveness and sustainable impact of

project design,

activities,

(cid:151) the clear definition and monitoring of objectives and

(cid:151) the clear definition and monitoring of objectives and

indicators of achievement for all projects.

indicators of achievement for all activities.

C 248 E/106

EN

Official Journal of the European Communities

29.8.2000

INITIAL PROPOSAL

AMENDED PROPOSAL

Article 9

Article 9

The Commission shall be assisted by the geographically

1.
determined Committee competent for development.

1.
The Commission shall be assisted by the Committee set
up by Article 15 of Council Regulation (EEC) No. 443/92 of 25
February 1992 (1)
(PVD-ALA), by the Committee set up by
Article 11 of Council Regulation (EC) No 1488/96 of 23 July
1996 (MEDA) (2) or by the Committee set up by Article 21 of
the Internal Agreement on the Financing and Administration of
Community Aid under the Second Financial Protocol to the
Fourth ACP-EC Convention of LomØ (3).

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, if necessary by taking a vote.

2. Where reference is made to this paragraph, the advisory
procedure laid down in Article 3 of Decision 1999/468/EC
shall apply,
in compliance with Article 7(3) and Article 8
thereof.

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 10

Deleted

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 9.

Article 11

Article 10

1.
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
this Regulation
year and evaluating the implementation of
over that period.

1.
By 1 September after each budget year, the Commission
shall submit an annual report to the European Parliament and
the Council, summarising the activities financed in the course
of that year and evaluating the implementation of this Regu-
lation over that period.

The summary shall in particular provide 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 external assessments carried out, if
any, regarding specific activities.

The summary shall in particular provide information about the
number and nature of the activities financed, the co-operation
partners and the countries concerned. The report shall also
indicate the number of external evaluations carried out
regarding specific activities.

___________
(1) OJ L 52, 27.2.1992, p. 1.
(2) OJ L 189, 30.7.1996, p. 1-9.
(3) Signed on 20.12.1995.

29.8.2000

EN

Official Journal of the European Communities

C 248 E/107

INITIAL PROPOSAL

AMENDED PROPOSAL

regularly

The Commission shall

2.
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 9 a summary
of
if appropriate, be
examined by the Committee. The assessment reports shall be
available to any Member States requesting them.

the assessments made which may,

evaluate

regularly

The Commission shall

2.
activities
financed by the Community with a view to establishing
whether the objectives aimed at by those activities have been
achieved and to providing guidelines for improving the effec-
tiveness of
take into
future activities. The evaluations will
account
including forest-
dependent people and local communities. The Commission
to the Committee referred to in Article 9
shall
paragraph 1 a summary of
the evaluations made. The
evaluation reports shall be available to any Member State and
to the European Parliament.

the beneficiaries,

the views of

submit

The Commission shall inform the Member States, at the
the operations and
that have been approved, stating their cost and

3.
latest one month after its decision, of
projects
nature, the recipient country and partners.

3.
The Commission shall inform the Member States, at the
latest one month after its decision, of the activities that have
been approved, stating their cost and nature,
the country
concerned and the co-operation partners.

4.
The financing guide specifying the guidelines and criteria
applicable to the selection of projects shall be published and
communicated to the interested parties by the Commission
in beneficiary
services,
countries.

including Commission delegations

4.
A financing guide specifying the guidelines and criteria
applicable to the selection of activities shall be published and
communicated to the interested parties by the Commission
in countries
services,
concerned.

including Commission delegations

Article 12

Article 11

1.
This Regulation shall enter into force on the third day
following that of its publication in the Official Journal of the
European Communities.

Unchanged

2.
Four years after the entry into force of this Regulation the
Commission shall submit to the European Parliament and to
the Council an overall assessment of the operations financed by
the Community
together with
suggestions concerning the future of this Regulation,

this Regulation,

under

2.
Four years after the entry into force of this Regulation the
Commission shall submit to the European Parliament and to
the Council an overall evaluation of the activities financed by
the Community under this Regulation, in the context of overall
together with
Community
proposals concerning the future of this Regulation, including
its possible modification or termination.

co-operation,

development

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

Unchanged