Common Position (EC) No 13/2000 of 16 December 1999 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Directive of the European Parliament and of the Council on measures to promote the full integration of the environmental dimension in the development process of developing countries
Date: 2000-03-06
Institutions: Council of the European Union
Subjects: EU programme, developing countries, environmental policy, environmental protection, sustainable development

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COMMON POSITION (EC) No 13/2000

adopted by the Council on 16 December 1999

with a view to adopting of Regulation (EC) No .../2000 of the European Parliament and of the
Council of ... on measures to promote the full integration of the environmental dimension
in the development process of developing countries

(2000/C 64/02)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Articles 175 and 179 thereof,

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

Having regard to the opinion of the Economic and Social
Committee (2),

After consulting the Committee of the Regions,

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

Whereas:

(1) Depletion of natural resources and environmental degra-
dation have direct effects on economic development
and especially on the livelihoods of local communities,
including indigenous peoples, and thus counteract the
alleviation of poverty through sustainable development.

(2) Current patterns of production and consumption have
undeniable transboundary and global consequences, in
particular where the atmosphere, the hydrosphere, soil
condition and biological diversity are concerned.

(3) 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
Assembly Special Session (Ungass) resolution ‘Programme
for the further implementation of Agenda 21’.

(4) The Community and its Member States are Parties
to multilateral environment agreements, notably the
Convention on biological diversity, the framework Con-
vention on climate change and the Convention to combat

(1) OJ C 47, 20.2.1999, p. 10.
(2) OJ C 258, 10.9.1999, p. 16.
(3) Opinion of the European Parliament of 5 May 1999 (OJ C 279,
1.10.1999, p. 173), Council common position of 16 December
1999 and Decision of the European Parliament of ... (not yet
published in the Official Journal).

desertification; they are thus committed to take into
account the common but differentiated responsibilities
of developed Parties and developing Parties on these
subjects.

(5) The internal and external aspects of the European Com-
munity’s environment policy need to be coherent in order
to effectively respond to the challenges identified in
the United Nations Conference on environment and
development (UNCED) and its follow-up processes.

Assistance

(6) The Community and its Member States are committed to
the Organisation of Economic Cooperation and Develop-
ment/Development
Committee’s
(OECD/DAC) ‘Shaping the 21st century strategy’ which
calls for the support for the implementation of national
strategies for 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.

(7) The European Parliament and the Council have adopted
Decision No 2179/98/EC(4) of 24 September 1998 on
the review of the European Community programme of
policy and action in relation to the environment and
sustainable development ‘Towards sustainability’, which
calls for a strengthened role for the Community in
international cooperation in environment and sustainable
development; the basic strategy of the programme is to
achieve full integration of environmental policy in other
policies, including development policy.

(8) The European Council held in Cardiff in June 1998
welcomed the Commission communication ‘Partnership
for integration’ setting out a strategy for integrating
environment considerations into European Union poli-
cies and endorsed the principle that major policy pro-
posals should be accompanied by the appraisal of their
environmental impact.

(4) OJ L 275, 10.10.1998, p. 1.

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(9) The Council and the Member States adopted on 15
July 1996 a resolution on environmental assessment in
development cooperation.

(19) The measures necessary for implementing this Regulation
should be adopted in accordance with Council Decision
1999/468/EC of 28 June 1999 laying down the pro-
cedures for the exercise of implementing powers con-
ferred on the Commission (3),

(10) In its resolution of 30 November 1998, the Council
acknowledges the key role that indigenous peoples play in
the conservation and sustainable use of natural resources.

HAVE ADOPTED THIS REGULATION:

(11) Sustainable development relies on the integration of the
environmental dimension into the development process.

Article 1

(12) Since resources are limited,

the creation of suitable
policies, strategies and tools and the implementation of
experimental schemes are essential elements for such
integration in economic and development cooperation.

(13) The financial instruments available to the Community
for supporting sustainable development in developing
countries should be supplemented.

(14) Coordination of operations financed under Community

instruments should be improved.

(15) Council Regulation (EC) No 722/97 of 22 April 1997 on
environmental measures in developing countries in the
context of sustainable development (1) set out the frame-
work for Community assistance aimed at enabling
developing countries to integrate the environmental
dimension in their development process; Regulation (EC)
No 722/97 was applicable until 31 December 1999;
the experience acquired during the implementation of
Regulation (EC) No 722/97 should be reflected in this
Regulation.

(16) Provision should be made for funding the activities

referred to in this Regulation

(17) This Regulation lays down, for the entire duration of
framework
the programme it establishes, a financial
constituting the prime reference, within the meaning of
point 33 of the Interinstitutional Agreement between the
European Parliament, the Council and the Commission
of 6 May 1999, on budgetary discipline and improvement
of the budgetary procedure (2), for the budgetary authority
during the annual budgetary procedure.

(18) Detailed rules for implementation should be laid down,
in particular the form of action, the cooperation partners
and the decision-making procedure.

1.
The Community shall support developing countries in
their efforts to integrate the environmental dimension into
their development process.

To this end, the Community shall provide financial assistance
and appropriate expertise aimed at drawing up and promoting
the implementation of policies, strategies, tools and tech-
nologies for the pursuit of sustainable development.

Community support

shall be provided directly to
2.
developing country stakeholders as well as indirectly through
the strengthening of the environmental dimension of Com-
munity economic and development cooperation in order to
ensure that full account is taken of environmental consider-
ations in Community programmes.

3.
The assistance and expertise provided under this Regu-
lation shall complement and reinforce that provided through
other instruments of development cooperation.

Article 2

For the purposes of this Regulation ‘sustainable development’
means the improvement of the standard of living and welfare
of the relevant populations within the limits of the capacity of
the ecosystems by maintaining natural assets and their biologi-
cal diversity for the benefit of present and future generations.

Article 3

The activities to be carried ou under this Regulation shall

1.
address in particular:

— global environmental issues, in particular those covered by
multilateral environmental agreements, such as climate
change, desertification and biological diversity,

— transboundary environmental issues, in particular air, soil

and water pollution,

(1) OJ L 108, 25.4.1997, p. 1.
(2) OJ C 172, 18.6.1999, p. 1.

(3) OJ L 184, 17.7.1999, p. 23.

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— environmental

impacts related to the integration of

developing countries into the world economy,

— support to the development and application of environ-
ment assessment tools in the preparation and implemen-
tation of policies, strategies, programmes and projects,

— environmental

impacts of macroeconomic and sectoral

policies in developing countries,

— sustainable patterns of production and consumption,

— sustainable management and use of natural and environ-
mental resources in all productive sectors such as agri-
culture, fisheries and industry,

— the formulation of guidelines and operational manuals
aimed at promoting sustainable development and environ-
mental integration,

— raising awareness of local populations and key actors in
the development process and development cooperation
with regard to the implications of sustainable development,
in particular through information campaigns and training,

— environmental problems caused by the non-sustainable

use of resources due to poverty,

— inventory, accounting and statistical work,

in order to
improve the quality of environmental data and environ-
mental indicators.

— sustainable production and use of energy,

— sustainable production and use of chemical products, in

particular hazardous and toxic substances,

In the selection, preparation, implementation and evalu-

3.
ation of activities, particular attention shall be paid to:

— the contribution to the overall objective of eradicating

poverty,

— conservation of biological diversity, the sustainable use of
its components, and the fair and equitable sharing of the
benefits arising out of the utilisation of genetic resources,

— local initiatives involving innovative measures aimed at

sustainable development,

— the management of fresh water resources,

— coastal zone, estuary and wetland management,

— desertification,

— urban environment problems relating, inter alia, to trans-
port, waste, waste water, air pollution and noise, and the
quality of drinking water.

2.

Activities eligible for financing include amongst others:

— support for the drawing-up of national, regional and local
policies, plans and strategies for sustainable development,

— schemes to build up the institutional and operational
capacities of actors in the development process,
i.e.
government, non-governmental organisations, private sec-
tor, civil society, indigenous peoples, at national, regional
and local level,

— pilot projects in the field including those involving environ-
mentally-sound technologies adapted to local constraints
and needs,

— the creation of instruments for sustainable development,
inter alia, trade-related instruments such as labelling and
certification schemes and green trade initiatives,

— active involvement, support and ownership of local popu-

lations, including indigenous communities,

— gender-specific roles, knowledge, perspectives and contri-
butions of women/girls and men/boys in the sustainable
management and use of natural resources,

— the potential for integration into the wider context of
Community development cooperation policies and pro-
grammes,

— the internalisation of environmental costs,

including

through economic instruments,

— the contribution to strengthening regional cooperation in

the area of sustainable development.

Lesson-learning and dissemination of the results of the activi-
ties carried out will be essential elements of implementing
this Regulation, including support of the implementation of
international environmental agreements.

Article 4

Cooperation partners which may receive assistance under this
Regulation shall
include international organisations, States,
regions and regional bodies, decentralised departments, public
agencies, private operators and industries, cooperatives, local
communities, non-governmental organisations and associ-
ations representing local people,
in particular indigenous
peoples.

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Article 5

1.
Community financing may cover studies, technical assist-
ance, education, training or other services, minor 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, to the benefit of 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.

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 coordination and close collabor-
ation with the cooperation partners, donors and other inter-
national organisations involved, in particular those forming
part of the United Nations system.

Article 6

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

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).

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

Article 7

The financial framework for implementing this Regulation
during the period from 2000 to 2006 shall be EUR 50,4
million.

The annual appropriations shall be authorised by the budgetary
authority within the limits of the financial perspective.

2.
A contribution from the cooperation partners defined in
Article 4 shall be sought for each cooperation activity. Their
contribution shall be requested according to their means and
the nature of the activity concerned.

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

The necessary measures shall be taken to emphasise the
4.
Community character of the assistance provided under this
Regulation.

5.
In order to attain the objectives of consistency and
complementarity laid down in the Treaty and with the aim of
guaranteeing optimum efficiency for all these activities, the
Commission will,
in liaison with Member States, take all
coordination measures necessary, including in particular:

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

(b) on-the-spot coordination of these activities by means of
regular meetings and exchange of information between
representatives of the Commission and of the Member
States in the beneficiary countries.

Article 8

1.
The Commission shall be responsible for appraising,
taking decisions to finance 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 Union.

Each year, the Commission shall adopt, in accordance
2.
with the procedure laid down in Article 9(2) strategic guide-
lines and priorities for implementing the activities to be carried
out in the following year.

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

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

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 operations, provided that the overrun or additional require-
ment is less than or equal to 20 % of the initial commitment
fixed by the financing decision.

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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 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 Union.

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.

8.
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. It
in
may be extended to other developing countries and,
exceptional cases, which are fully justified, to other third
countries.

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

10.

Particular attention will be paid to:

— the pursuit of cost-effectiveness and sustainable impact of

activities,

— the clear definition and monitoring of objectives and

indicators of achievement for all activities.

Article 10

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

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

2.
The Commission shall regularly evaluate activities finan-
ced 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 effectiveness of
future activities. The Commission shall submit to the Com-
mittee referred to in Article 9(1) a summary of the evaluations
made. The evaluation reports shall be available to any Member
State, to the European Parliament and to other interested
parties.

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 cooperation partners.

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

Article 9

Article 11

1.
The Commission shall be assisted by the appropriate
geographically determined committee responsible for develop-
ment, hereinafter referred to as the ‘Committee’.

2. Where reference is made to this paragraph, Articles 4
and 7 of Decision 1999/468/EC shall apply, having regard to
the provisions of Article 8 thereof.

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at one month.

3.

The Committee shall adopt its Rules of Procedure.

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

It shall apply until 31 December 2006.

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

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

Done at ...

For the European Parliament

The President

For the Council

The President

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STATEMENT OF THE COUNCIL’S REASONS

I.

INTRODUCTION

1. On 28 January 1999, the Commission submitted to the Council a proposal for a decision, based
on Articles 175 and 179 of the EC Treaty (ex Articles 130s and 130w) laying down the objectives
and procedures for activities under the current budget
in
development cooperation’.

Item B7-6 2 0 0 ‘Environment

2. The European Parliament (after first reading) delivered its opinion on 5 May 1999.

3. The Economic and Social Committee and the Committee of the Regions have been asked to
deliver their opinions. The Economic and Social Committee delivered it on 7 July 1999. The
Committee of the Regions informed Council by letter of 25 October 1999 that it does not intend
to issue an opinion on the proposed Regulation.

4.

In the light of the European Parliament’s opinion and the Commission’s position on it, the
Council working group has agreed upon a draft common position taking into account certain
changes pursuant to the entry into force of the Amsterdam Treaty.

5. On 16 December 1999, the Council adopted its common position in accordance with Article 251

of the EC Treaty.

II. PURPOSE OF THE PROPOSAL

The objective of this proposal is to ensure the continuation of activities implemented under Council
Regulation (EC) No 722/97 of 22 April 1997 after its expiry on 31 December 1999. The proposal
takes the form of a multiannual programme which aims at promoting measures at international level
to contribute to effective environment mainstreaming in the context of development cooperation.

III. ANALYSIS OF THE COMMON POSITION

1.

General remarks

1.1.

The Council has been able to accept a substantial number of the amendments proposed by the
European Parliament (see point 2.3 below). Where the Commission and the Council were
unable to accept the European Parliament’s amendments or part of them it was usually for one
or several of the following reasons:

— the provision of details, concerning themes and activities, which were already addressed in
other parts of the Regulation and/or which were considered to burden the structure and
equilibrium of the Regulation without adding to its completeness,

— other amendments that were considered already to be covered in the original version of

the proposed Regulation,

— quotes or provision of details relating to various applicable policy document and legal acts

which were considered redundant for the purpose of the Regulation,

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— amendments relating to the interpretation of the scope of the Regulation which were

considered either too broad or too limiting,

— amendments that were not in accordance with standard formulations and practices of

similar regulations,

— amendments that were insufficiently clear, redundant, unworkable or too limiting,

— management issues which are of the competence of the Commission.

1.2.

In its common position the Council has approved the essence and wording of the Commission’s
proposal with the exceptions referred to under point 2.2 (specific comments). In Article 8(2)
of the draft common position, the Council thought desirable to integrate a new task for the
joint Committees’ meeting (under the Comitology procedure set out in Article 9) which aims
at the approval of annual strategic guidelines and priorities to underline the focus on a strategic
approach.

2.

Specific comments

2.1.

Legal basis

The legal basis put forward by the Commission in its proposal, namely Articles 175 and 179
of the EC Treaty (ex Articles 130s and 130w), is considered by the Council in its common
position as being the most appropriate in view of the aim and contents of the proposal.

2.2. Amendments made by the Council to the Commission proposal

2.2.1. Duration of the programme

As far as duration of the Regulation is concerned, the Council has opted for a seven-year
period (2000 to 2006) which corresponds to the period for which financial perspectives have
been fixed. The Commission’s evaluation report will be due four years after the entering into
force of the Regulation and shall contain suggestions concerning the future of the Regulation.

2.2.2. Funding

As a consequence of the seven-year programme, the financial reference amount has been fixed
at EUR 50,4 million, which results from the 2000 draft budget appropriations of annual EUR
8 million. This amount has further been reduced by 10 % to take account of the July Decision
of the Budget Council on category 4 expenditures. By the introduction of this indicative
amount
the Council has partially taken into consideration the European Parliament’s
Amendment 52.

2.2.3. Comitology (Article 9)

The Council has changed the committee procedure whereby the powers of the Committee
would be exercised under the management committee procedure, as set out in the Council
Decision 1999/468/EC of 28 June 1999 laying down the procedure for the exercise of
implementing powers conferred on the Commission. The Council considers that such a
committee procedure will ensure maximum coordination with Member States activities and
thus contributing to necessary complementarity.

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In addition, an annual Commission document on strategic guidelines and priorities will be
submitted to the appropriate geographical committee which will approve the document in
accordance with the management committee procedure.

2.3.

European Parliament amendments

2.3.1. Parliament amendments adopted by the Council

The Council adopted in full the 28 amendments adopted by the Commission and in essence
the first part of the Amendment 52 proposed by the European Parliament.

2.3.2. Parliament amendments not adopted by the Council

Apart from the amendments not adopted by the Commission, the Council could not accept
other amendments for the reason that it was not possible to reach the requisite unanimity.

IV. CONCLUSIONS

The Council considers that its common position constitutes a balanced text to ensure the continuation
of activities implemented under Regulation (EC) No 722/97 of 22 April 1997 after its expiry on 31
December 1999. It reflects the need to mainstream environmental
issues in the development
cooperation policy and to assist the Community in meeting its legal and political commitments to
the protection of the environment in the context of sustainable development.