Proposal for a european Parliament and Council regulation concerning action against anti-personnel landmines
Date: 2000-03-14
Institutions: European Commission
Subjects: EU action, conventional weapon, coordination of aid, humanitarian aid, military cooperation

29.8.2000

EN

Official Journal of the European Communities

C 248 E/115

Proposal for a European Parliament and Council Regulation concerning action against anti-
personnel landmines

(2000/C 248 E/07)

COM(2000) 111 final (cid:151) 2000/0062(COD)

(Submitted by the Commission on 15 March 2000)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 179 thereof,

Having regard to the proposal from the Commission,

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

Whereas:

(1) The Community is concerned by the presence of anti-
personnel
land-mines and other unexploded devices in
the areas of civil communities which are trying to
recover from armed conflict.

(2) Anti-personnel

landmines cause suffering and casualties,
particularly in the poorest parts of
the world, and
constitute a serious obstacle to economic development,
inhibit the return of refugees and displaced persons, and
obstruct humanitarian aid operations, reconstruction and
rehabilitation and the
social
conditions.

restoration of normal

(3) The Community is committed to the goal of total elimi-
landmines world-wide in the

nation of anti-personnel
coming years.

(4) The Community and its Member States have provided the
largest contribution to the wider international effort to
overcome the tragedy of anti-personnel landmines.

(5) This Regulation is a direct response to the Convention on
the Prohibition of the Use, Stockpiling, Production and
Transfer of Anti-Personnel
and Their
Destruction (Ottawa Convention).

Land Mines

(6) Therefore, financial aid should, as a priority, benefit those
third countries which are committed to the fight against
anti-personnel
landmines and are parties to the Ottawa
Convention.

(7) Such an approach should not prevent Community
response to humanitarian emergencies wherever
they
occur.

(8) Community mine action is often an integral part of
humanitarian aid, rehabilitation, reconstruction or devel-
opment projects, whilst being a discrete and specialised
activity responding to distinct priorities, operational
requirements and political imperatives.

(9) As part of such projects, as well as in the case of
framework programmes for the research and development
of mine action technology, new and existing actions will
lines,
continue
supported, complemented and coordinated under
this
Regulation where appropriate.

funded from specific budget

to be

(10) This Regulation is designed to provide the basis for a
coherent and efficient approach for
the Community
mine action, through advancing an integrating strategy,
in close coordination between the Commission,
the
Member States and the international community at all
stages of mine actions.

(11) It is necessary to ensure that these actions are coherent
with the European Union’s foreign policy as a whole,
including the Common Foreign and Security Policy.

(12) Since the measures necessary for the implementation of
this Regulation are management measures within the
meaning of Article 2 of Council Decision 1999/468/EC
of 28 June 1999 laying down the procedures for the
exercise of
conferred on the
Commission (1), they should be adopted by use of the
management procedure provided for in Article 4 of that
Decision.

implementing powers

(13) The

anti-personnel

landmine problem, by

life-
threatening nature and its global extent, requires efficient,
flexible and, where necessary,
rapid decision-making
procedures for the financing of Community actions.

its

(14) A financial reference amount, within the meaning of point
the
2 of
the Declaration by the European Parliament,
Council and the Commission of 6 March 1995,
is
included in this Regulation without thereby affecting the
powers of the budgetary authority as they are defined by
the Treaty.

(15) The Community should ensure maximum transparency in
and

the
stringent controls in the use of appropriations.

implementation of

assistance

financial

the

(16) The protection of the Communities’ financial interests as
well as the fight against fraud and irregularities constitute
an inherent part of this Regulation.

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

C 248 E/116

EN

Official Journal of the European Communities

29.8.2000

HAS ADOPTED THIS REGULATION:

(g) information

management,

including

geographical

information systems;

Article 1

The purpose of

this Regulation is to lay down the
1.
procedures for the implementation of Community operations
while advancing a consistent and coherent humanitarian
de-mining strategy at Community and international
levels,
responding to the Convention on the Prohibition of the Use,
Stockpiling, Production and Transfer of Anti-Personnel Mines
and their Destruction (hereinafter referred to as the (cid:145)Ottawa
Convention(cid:146)).

The operations referred to in this Regulation shall be
2.
implemented in the territory of third countries or shall be
directly related to situations
arising in third countries,
particularly in those most vulnerable amongst them, and as a
priority in developing countries.

Article 2

The principal objectives of the Community mine action

1.
shall be:

(a) to support the elaboration, monitoring and implementation

of a civilian de-mining strategy;

(b) to assist afflicted countries in the implementation of their

obligations under the Ottawa Convention;

(c) to create and sustain national structures and local capa-
bilities within the afflicted countries to carry out mine
actions with maximum effectiveness;

(h) other activities, which contribute to the reduction of the
impact of anti-
landmines, and other hazardous debris of war.

human, economic, and environmental
personnel

3.
In the context of paragraph 2, priority shall be given to
actions addressing immediate and unforeseeable requirements
generated by outbreaks of fighting, migration of large groups
comparable
towards mine-afflicted areas, or
of people
situations such as urgent assistance in the implementation of
peace agreements. Priority will also be given to actions in the
most seriously mine-afflicted countries, where anti-personnel
landmines
cause many
suspected
civilian casualties or where
presence of these devices is a major obstacle to the restoration
of economic and social activity or to development and thus
require a specific long-term commitment
that emergency
humanitarian or reconstruction aid are unable to provide.

and other unexploded ordnance

the presence or

In order

4.
to ensure coherence, complementarity and
synergy within regional cooperation programmes and in the
context of humanitarian aid, rehabilitation, reconstruction and
development projects, mine actions which can be financed
within the framework of any of those programs or projects
will continue to be financed from the budget line on which
these
the principal action is
activities may be complemented or
supported by mine
actions financed under this Regulation.

financed. Where necessary,

(d) to respond to humanitarian emergency, prevent casualties

and assist the rehabilitation of mine victims;

Article 3

(e) to support the in-country trial and introduction into oper-
ational use of appropriate mine action equipment and tech-
niques.

The operations

2.
comprise all activities related to mine action, including

financed under

this Regulation may

(a) mine awareness education;

(b) training of specialist personnel;

(c) survey and marking of suspected areas;

(d) detection and identification of landmines;

The operations financed under this Regulation shall mainly
benefit countries which are parties to the Ottawa Convention.
Exceptions may be made for humanitarian emergency,
for
assistance to mine victims, and for actions in direct support
of vulnerable civil communities, such as refugees and displaced
persons, or where the national administration is not
func-
tioning.

Article 4

1.
Partners eligible for financial support under this Regu-
lation may include regional and international organisations
and agencies, non-governmental organisations, national, prov-
incial and local governments departments and agencies,
institutes, and public and private operators with appropriate
specialised expertise and experience.

(e) de-mining (mine clearance to humanitarian standards) and

landmine destruction;

(f) victim assistance and rehabilitation;

2.
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. In
exceptional cases which are fully justified, participation may be
extended to third countries.

29.8.2000

EN

Official Journal of the European Communities

C 248 E/117

Article 5

Community aid under this Regulation may be used to
1.
finance technical assistance,
training, personnel or other
services related to mine action; trials of equipment and tech-
niques; logistical support, procurement, provision and storage
of any equipment,
the
implementation of mine actions; studies and conferences and
measures to strengthen international coordination of mine
action; evaluation and monitoring missions; activities to raise
public awareness; as well as the costs of highlighting the
Community nature of the aid.

supplies and works needed for

Community financing under this Regulation shall take the

2.
form of grants.

The operations covered by this Regulation shall be

3.
exempt from taxes, charges, duties and customs duties.

Article 6

those laid down in Articles 116 and 118 of the Financial Regu-
lation applicable to the general budget of
the European
Communities.

Financing decisions exceeding EUR 3 million shall be
2.
taken under the procedure laid down in Article 6(2), with
the exception of emergency action set out in Article 9.

3.
The Commission shall inform the Committees referred to
in Article 6 succinctly of any financing decisions of less than
EUR 3 million in value. This information shall be made
available not later than two months following the adoption
of the financing decision.

4.
The Commission may take decisions amending financing
decisions adopted in accordance with the procedure laid down
in Article 6(2), where they do not entail any substantial
amendments or additional commitments in excess of 20 % of
the initial commitment.

The Commission shall be assisted by the relevant
the
the

1.
geographical committee composed of representatives of
Member States and chaired by the representative of
Commission.

Article 9

The Commission shall decide on emergency action for

1.
any amount not in excess of EUR 5 million.

reference

the
2. Where
management procedure
the
Decision 1999/468/EC shall apply, in compliance with Article
7(3) and Article 8 thereof.

is made
to this paragraph,
laid down in Article 4 of

The period provided for in Article 4(3) of Decision

3.
1999/468/EC shall be three months.

Article 7

information,

The Commission shall, on the basis of a reciprocal and
1.
including the exchange of
regular exchange of
information on the spot, ensure the effective coordination of
the assistance efforts undertaken by the Community and indi-
vidual Member States, in order to increase the coherence and
complementarity of their programmes.

2.
The Commission may seek opportunities for co-financing
with other providers of funds, especially with Member States.

The Commission shall promote coordination and coop-
in particular
international contributors,

3.
eration with other
those which form part of the United Nations system.

The necessary measures shall be taken to give visibility to

4.
the contribution by the Community.

Article 8

1.
The Commission shall appraise, decide, and administer
operations covered by this Regulation in accordance with the
budgetary and other procedures in force, and in particular

and

to meet

immediate

Operations

2.
unforeseeable
requirements generated by sudden natural or man-made
disasters, such as floods, famine, migration of large groups of
people towards mine-afflicted areas, sudden peace settlements,
or comparable situations, as well as urgent assistance in the
implementation of peace agreements,
shall be deemed to
necessitate emergency action.

3. Where operations fulfil these conditions and are in excess
of EUR 3 million,
the Commission, having adopted its
decision, shall

(a) inform the Member States in writing within two working

days,

(b) account

for

its decision at

the
Committee concerned, in particular giving the reasons for
its use of the emergency procedure.

the next meeting of

Article 10

1.
Projects shall be prioritised and appraised in terms of
their relevance and cost effectiveness and, where appropriate,
reconstruction
integrated into the wider development or
framework of the country or region in question.

2. Wherever possible, the project should be clearly inte-
grated within a national anti-personnel landmines programme
coordinated by the beneficiary government or by an inter-
national
that purpose. The aim
should be for the project to be taken over, in due course, by
the beneficiary government itself in order to enhance local
capacity and the sustainability of the project.

institution mandated for

C 248 E/118

EN

Official Journal of the European Communities

29.8.2000

Article 11

Article 13

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 Regu-
lation applicable to the general budget of
the European
Communities (1).

In addition, the Commission may carry out on-the-spot checks
and inspections in conformity with Regulation No 2185/96 (2).
The measures taken by the Commission shall provide for
the
the
adequate protection of
Community in conformity with Regulation No 2988/95 (3).

financial

interests

of

Article 12

for

action coordination and
To facilitate multi-annual mine
programming, an APL Strategy Paper comprising horizontal
guidelines and priorities for Community mine actions and
regularly be
the benchmarks
their achievement,
It
presented to the Committees concerned,
shall
indicative
as
programme and shall refer to existing mine action programmes
at country and regional
levels, to the contributions of other
donors including Member States and to Community mine
actions funded from other budget lines.

shall
for discussion.

a multi-annual

issues

cover

such

The Commission shall

1.
regularly assess mine actions
financed by the Community in order to establish whether the
objectives of the operations have been achieved and to provide
guidelines for improving the effectiveness of future operations.

The Commission shall regularly inform the European
2.
its mine
Parliament and the Council of
actions.
It shall submit a report summarising Community
mine action in the previous year to the European Parliament
and to the Council by 30 April each year at the latest, and
evaluate the implementation of this Regulation.

the progress of

Article 14

submit

the
Three years after entry into force of
Commission shall
the
an overall
operations financed by the Community under this Regulation
to the European Parliament and the Council, together with
suggestions for the future of the regulation and, as necessary,
proposals for amendments to it.

this Regulation,
assessment of

Article 15

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

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

(1) OJ L 356, 31.12.1977, p. 1.
(2) OJ L 292, 15.11.1996, p. 2.
(3) OJ L 312, 23.12.1995, p. 1.