European Parliament legislative resolution on the proposal for a European Parliament and Council regulation concerning action against anti-personnel landmines (COM (2000) 111 – C5-0158/2000 — 2000/0062(COD))
Date: 2000-10-25
Institutions: European Parliament
Subjects: EU action, anti-personnel weapon, coordination of aid, humanitarian aid, military cooperation

12.7.2001

EN

Official Journal of the European Communities

C 197/173

Wednesday 25 October 2000

European Parliament legislative resolution on the proposal for a European Parliament and Council
Regulation on the distribution of authorisations among Member States received through the
Agreements between the European Community and the Republic of Bulgaria and between the
European Community and the Republic of Hungary establishing certain conditions for the carriage
of goods by road and the promotion of combined transport (COM(1999) 667 & C5-0335/1999 &
1999/0264(COD))

(Codecision procedure: first reading)

The European Parliament,

(cid:19) having regard to the Commission proposal

to the European Parliament and the Council

(COM(1999) 667) (1),

(cid:19) having regard to Article 251(2) and Article 71 of the EC Treaty, pursuant to which the Commission

submitted the proposal to Parliament (C5-0335/1999),

(cid:19) having regard to Rule 67 of its Rules of Procedure,

(cid:19) having regard to the report of the Committee on Regional Policy, Transport and Tourism (A5-0085/

2000),

1.

Approves the Commission proposal as amended;

Asks to be consulted again should the Commission intend to amend its proposal substantially or

2.
replace it with a new text;

3.

Instructs its President to forward its position to the Council and the Commission.

(1) OJ C 89 E, 28.3.2000, p. 33.

4. Action against anti-personnel landmines ***I

A5-0286/2000

Proposal

for

a European Parliament

and Council
anti-personnel landmines (COM(2000) 111 & C5-0158/2000 & 2000/0062(COD))

regulation concerning action against

The proposal was amended as follows:

TEXT PROPOSED
BY THE COMMISSION (1)

AMENDMENTS
BY PARLIAMENT

(Amendment 1)
Line preceding preamble

THE COUNCIL OF THE EUROPEAN UNION

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF
THE EUROPEAN UNION

(Amendment 2)
Recital 4a (new)

(4a) The hardest part of the task of eliminating all anti-
personnel landmines still remains to be accomplished, and
determined Community leadership will need to be main-
tained until that goal is fully achieved.

(1) OJ C 248 E, 29.8.2000, p. 115.

C 197/174

Official Journal of the European Communities

EN

12.7.2001

Wednesday 25 October 2000

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

(Amendment 3)
Recital 9

(9) As part of such projects, as well as in the case of framework
programmes for the research and development of mine action technol-
ogy, new and existing actions will continue to be funded from specific
budget lines, supported, complemented and co-ordinated under this
Regulation where appropriate.

(9) New and existing actions will be funded from the
specific budget line for Community mine action, except
in the case of framework programmes for the research
and development of mine action technology and de-
mining programmes carried out under the heading of
humanitarian action, which will continue to be funded
from the budget lines specifically provided for those pro-
grammes.

(Amendment 4)
Recital 9a (new)

(9a)
For the Community to be able to contribute effec-
tively to preventive action on mines, it will be necessary
also to ensure stockpile destruction. This new task will
require a substantial increase in Community funding for
mine action and should not detract from the other de-
mining activities.

(Amendment 5)
Recital 9b (new)

(9b) To destroy the stockpiles still being held by many
States would be highly advantageous in financial terms
and would reduce the possibility of the mines in question
being sold on the black market.

(Amendment 6)
Recital 9c (new)

(9c) Scientific research should be intensified with the
aim of developing technologies to facilitate mine detection
and identify the affected areas with greater precision.

(Amendment 7)
Recital 9d (new)

(9d) The Community needs to be in a position to ascer-
tain that the de-mining actions which it has financed have
been effective. It must therefore employ the appropriate
technical means,
including military technology where
necessary.

(Amendment 8)
Recital 12

(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 implementing
powers conferred on the Commission, they should be adopted by
use of the management procedure provided for in Article 4 of that
Decision.

(12) The measures to be taken for the implementation of
this Regulation should be adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers con-
ferred on the Commission.

12.7.2001

EN

Official Journal of the European Communities

C 197/175

TEXT PROPOSED
BY THE COMMISSION

Wednesday 25 October 2000

AMENDMENTS
BY PARLIAMENT

(Amendment 9)
Recital 14

(14) A financial reference amount, within the meaning of point 2
of the Declaration by the European Parliament, the Council and the
Commission of 6 March 1995, is included in this Regulation with-
out thereby affecting the powers of the budgetary authority as they are
defined by the Treaty.

Deleted

(Amendment 10)
Recital 14a (new)

(14a) The Commission, in accordance with Article 3 of
the Financial Regulation applicable to the general budget
of the European Communities, will revise the financial
statement, in particular its estimated schedule of annual
requirements in appropriations, in the light of progress
in implementing this Regulation.

(Amendment 11)
Article 2(1)(d)

(d)

to respond to humanitarian emergency, prevent casualties
and assist the rehabilitation of mine victims;

(d)

to respond to humanitarian emergency, prevent casualties
and assist the rehabilitation of mine victims, in excep-
tional cases also in States which have not acceded to
the Ottawa Convention;

(Amendment 12)
Article 2(1)(ea) (new)

(ea)

to promote coordination with end users of the de-
mining equipment at the early stages of research and
to support the use of these technologies in the poor-
est mine-affected countries;

(Amendment 13)
Article 2(1)(eb) (new)

(eb)

to encourage de-mining actions that are compatible
with the local environment and consistent with the
sustainable development of the affected region.

(Amendment 14)
Article 2(2)(e)

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

landmine destruction;

(e) de-mining (mine clearance to humanitarian standards) and
including destruction of stock-

landmine destruction,
piles;

C 197/176

Official Journal of the European Communities

EN

12.7.2001

Wednesday 25 October 2000

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

(f)

victim assistance and rehabilitation;

(f)

assistance for the care, rehabilitation and socio-eco-
nomic reintegration of mine victims;

(Amendment 15)

Article 2(2)(f)

(Amendment 16)

Article 2(4)

In order

4.
to ensure coherence, complementarity and
synergy within regional co-operation programmes and in the context
of humanitarian aid, rehabilitation, reconstruction and develop-
ment projects, mine actions which can be financed within the fra-
mework of any of those programmes or projects will continue to be
financed from the budget line on which the principal action is
financed. Where necessary, these activities may be complemented or
supported by mine actions financed under this Regulation.

4.
In order to ensure greater coherence, complementarity
and synergy between the relevant parts of rehabilitation,
reconstruction and development projects, mine actions, with
the exception of those concerning research and develop-
ment and those undertaken by ECHO, will be financed
from the specific budget line for Community mine action.
Multi-annual financing of mine actions will be supported
to enable planning and coordination.

(Amendment 17)

Article 2(4a) (new)

4a.
The Commission shall establish a Central Mine
Action Unit with appropriate human and financial
resources, responsible for the planning and implementa-
tion of all Community mine actions, with the exception
of those concerning research and development and those
undertaken by ECHO. To ensure the coherence of all
these elements, this Unit will provide the overall policy
framework.

(Amendment 18)

Article 3

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

The operations financed under this Regulation shall benefit the
civil communities most affected by landmines and unex-
ploded ordnance. The Commission will take all possible
steps to encourage States to accede to the Ottawa Con-
vention, but this shall not affect decisions to finance non-
governmental organisations’ mine actions where need has
been identified by local communities, including in coun-
tries where the national administration is not functioning.

(Amendment 19)

Article 4(2)

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 coun-
tries.

Deleted

12.7.2001

EN

Official Journal of the European Communities

C 197/177

TEXT PROPOSED
BY THE COMMISSION

Wednesday 25 October 2000

AMENDMENTS
BY PARLIAMENT

(Amendment 20)
Article 4(2a) (new)

2a.
Firms and other organisations tendering for con-
tracts shall show that they have an operations policy that
does not put their employees unduly at risk, and that such
a policy is supported by adequate employee accident and
liability insurance.

(Amendment 21)
Article 4a (new)

Article 4a

The financial framework for the implementation of this
Regulation in the period 2000-2006 shall be € 200 million.

(Amendment 22)
Article 6(1)

1.
The Commission shall be assisted by the relevant geogra-
phical committee composed of representatives of the Member States
and chaired by the representative of the Commission

1.
The Commission shall be assisted by the appropriate
committees, each composed of a representative for each
Member State and chaired by the representative of the Com-
mission

(Amendment 23)
Article 6(2) and (3)

2. Where reference is made to this paragraph, the manage-
ment procedure laid down in Article 4 of the Decision 1999/
468/EC shall apply, in compliance with Article 7(3) and Article 8
thereof.

The period provided for in Article 4(3) of Decision 1999/

3.
468/EC shall be three months

2. Where reference is made to this paragraph, the advisory
procedure laid down in Article 3 of Decision 1999/468/EC
shall apply.

3.
The European Parliament shall be informed by the
Commission of committee proceedings on a regular basis,
pursuant to Article 7(3) of Decision 1999/468/EC.

(Amendment 24)
Article 7(3)

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 Commission shall promote coordination and coop-
3.
eration with other
in particular
international contributors,
those which form part of the United Nations system, and
with non-governmental organisations.

(Amendment 25)
Article 8(2), (3) and (4)

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

2.
Individual financing decisions shall under no circum-
stances be submitted by the Commission to the Commit-
tees referred to in Article 6.

C 197/178

Official Journal of the European Communities

EN

12.7.2001

Wednesday 25 October 2000

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

The Commission shall

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

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

Deleted

Deleted

(Amendment 26)

Article 9

The Commission shall decide on emergency action for any

1.
amount not in excess of € 5 million.

The Commission may decide on emergency action when

1.
deemed necessary.

Operations to meet immediate and unforeseeable require-
2.
ments 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 com-
parable situations, as well as urgent assistance in the implemen-
tation of peace agreements, shall be deemed to necessitate
emergency action.

Operations to meet immediate and unforeseeable require-
2.
ments 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 com-
parable situations, as well as urgent assistance in the implemen-
tation of peace agreements, shall be deemed to necessitate
emergency action.

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

3.

The Commission, having adopted its decision, shall

(a)

inform the Member States in writing within two working
days,

(a)

inform the Member States in writing within two working
days,

(b) account for its decision at the next meeting of the Com-
mittee concerned, in particular giving the reasons for its use of
the emergency procedure.

(b) account for its decision at the next meeting of the Com-

mittee concerned.

(Amendment 27)

Article 10(1)

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

Projects shall be prioritised and appraised in terms of
1.
their positive impact
and cost-effectiveness and, where
appropriate, integrated into the wider development or recon-
struction framework of the country or region in question.

(Amendment 28)

Article 10(2)

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 interna-
tional institution mandated for that purpose. The aim should
be for the project to be taken over, in due course, by the ben-
eficiary government itself in order to enhance local capacity
and the sustainability of the project.

2. Wherever possible, the project should be clearly inte-
grated within a national anti-personnel landmines programme
coordinated by the beneficiary government, or by local
society with non-governmental organisations, or by an
international institution mandated for that purpose. The aim
should be for the project to be taken over, in due course, by
the beneficiary government itself or by local society or non-
governmental organisations in order to enhance local capa-
city and the sustainability of the project.

12.7.2001

EN

Official Journal of the European Communities

C 197/179

TEXT PROPOSED
BY THE COMMISSION

Wednesday 25 October 2000

AMENDMENTS
BY PARLIAMENT

(Amendment 29)
Article 12

To facilitate multi-annual mine action coordination and pro-
gramming, an APL Strategy Paper comprising horizontal guide-
lines and priorities for Community mine actions and the
benchmarks for their achievement, shall regularly be presented
to the Committees concerned, for discussion.
It shall cover
issues such as a multi-annual indicative programme and shall
refer to existing mine action programmes at country and regio-
nal levels, to the contributions of other donors including Mem-
ber States and to Community mine actions funded from other
budget lines.

To facilitate multi-annual mine action coordination and pro-
gramming, an APL Strategy Paper comprising horizontal guide-
lines and priorities for Community mine actions, and the
benchmarks for their achievement, shall regularly be presented
to the Committees concerned, for reference.
It shall cover
issues such as a multi-annual indicative programme and shall
refer to existing mine action programmes at country and regio-
nal levels, to the contributions of other donors including Mem-
ber States and to Community mine actions funded from other
budget lines.

(Amendment 30)
Article 13(2)

2.
The Commission shall regularly inform the European Par-
liament and the Council of the progress of its mine 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.

2.
The Commission shall regularly inform the European Par-
liament and the Council of the progress of its mine actions.
It shall submit a detailed and public 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 report shall specify which actions have been imple-
mented and indicate the respective amounts from the dif-
ferent budget lines.

European Parliament legislative resolution on the proposal for a European Parliament and Council
regulation concerning action against anti-personnel landmines (COM(2000) 111 & C5-0158/2000 &
2000/0062(COD))

(Codecision procedure: first reading)

The European Parliament,

(cid:19) having regard to the Commission proposal

to the European Parliament and the Council

(COM(2000) 111) (1),

(cid:19) having regard to Article 251(2) of the EC Treaty and Article 179 of the EC Treaty, pursuant to which

the Commission submitted the proposal to Parliament (C5-0158/2000),

(cid:19) having regard to Rule 67 of its Rules of Procedure,

(cid:19) having regard to the report of the Committee on Foreign Affairs, Human Rights, Common Security
and Defence Policy and the opinions of the Committee on Budgets and the Committee on Develop-
ment and Cooperation (A5-0286/2000),

1.

Approves the Commission proposal as amended;

Asks to be consulted again should the Commission intend to amend its proposal substantially or

2.
replace it with another text;

3.

Instructs its President to forward its position to the Council and Commission.

(1) OJ C 248 E, 29.8.2000, p. 115.