Regulation (EC) No 2493/2000 of the European Parliament and of the Council of 7 November 2000 on measures to promote the full integration of the environmental dimension in the development process of developing countries
Date: 2000-11-07
Institutions: Council of the European Union, European Parliament
Subjects: EU aid, developing countries, environmental policy, environmental protection, financial aid, sustainable development

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I

(Acts whose publication is obligatory)

REGULATION (EC) No 2493/2000 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

of 7 November 2000

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(4)

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 (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), in the light of the joint text approved by
the Conciliation Committee on 27 July 2000.

Whereas:

(1)

(2)

(3)

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.

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.

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’.

(1) OJ C 47, 20.2.1999, p. 10 andOJ C 274 E, 26.9.2000, p. 1.
(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 (OJ C 64, 6.3.2000, p. 47) and Decision of the European
Parliament of 15 March 2000 (not yet published in the Official
Journal). Decision of
the European Parliament of 20 September
2000 and Council Decision of 7 September 2000.

The Community and its Member States are parties to
Multilateral Environment Agreements, notably
the
Convention on Biological Diversity,
the Framework
Convention on Climate Change and the Convention to
Combat Desertification. They are thus committed to take
into account the common but differentiated responsibili-
ties of developed parties and developing parties on these
subjects.

The internal and external aspects of
the European
Community'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

The Community and its Member States are committed
to the Organisation of Economic Cooperation and
Development/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
levels by 2015.
global and national

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

including development policy.

‘Towards

(5)

(6)

(7)

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

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(8)

(9)

(10)

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
proposals should be accompanied by the appraisal of
their environmental

impact.

The Council and the Member States adopted on 15 July
1996 a Resolution on Environmental Assessment
in
Development Cooperation.

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.

(11)

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

(12)

Since resources are limited, the creation of suitable poli-
cies, 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.

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

(19)

The measures necessary 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 conferred on the Commission (3),

HAVE ADOPTED THIS REGULATION:

Article 1

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 technolo-
gies for the pursuit of sustainable development.

2.
Community support shall be provided directly to devel-
oping country stakeholders as well as indirectly through the
strengthening of the environmental dimension of Community
economic and development cooperation in order to ensure that
full account
in
Community programmes.

taken of environmental considerations

is

(14)

Coordination of operations financed under Community
instruments should be improved.

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

(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
framework 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 Regu-
lation (EC) No 722/97 should be reflected in this Regula-
tion.

(16)

Provision should be made for funding the activities
referred to in this Regulation.

(17)

This Regulation lays down, for the entire duration of the
programme it establishes, a financial framework consti-
tuting 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 improve-
ment of the budgetary procedure (2), for the budgetary
authority during the annual budgetary procedure.

Article 2

For the purposes of this Regulation:

living and welfare of

the
‘sustainable development’ means
standard 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.

the improvement of

Article 3

The activities to be carried out 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,

— environmental impacts related to the integration of devel-

oping countries into the world economy,

(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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— the inclusion in development cooperation projects of envir-
onmental considerations enabling the sustainable dimen-
sion of these projects to be distinguished,
identified and
assessed,

— 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 agricul-
ture, fisheries and industry,

— environmental problems caused by the non-sustainable use

of resources due to poverty,

— sustainable production and use of energy and in particular
encouragement of the use of renewable energy sources,
increased energy efficiency, energy saving and the replace-
ment of especially damaging energy sources by others
which are less so,

— sustainable production and use of chemical products,

in

particular hazardous and toxic substances,

— conservation of biological diversity — especially by
protecting ecosystems and habitats and the conservation of
species diversity — the sustainable use of its components,
the involvement of holders of traditional knowledge on the
use of biological diversity, and the fair and equitable
sharing of the benefits arising out of the utilisation of
genetic resources,

— the management of fresh water resources,

— coastal zone, estuary and wetland management,

— desertification,

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

— the formulation of guidelines, operating manuals and
instruments aimed at promoting sustainable development
and environmental integration in particular in the form of
public databases and databanks on the internet (open to the
public),

— information campaigns on hazardous substances, and toxic

waste and pesticides in particular,

— support for the development and application of environ-
ment assessment tools in the preparation and implementa-
tion of policies, strategies, programmes and projects,

— 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,

— inventory, accounting and statistical work,

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

indicators.

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,

— local

initiatives involving innovative measures aimed at

sustainable development,

— active involvement, support and ownership of local popula-

tions,

including indigenous communities,

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

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

— the potential
Community
programmes,

for integration into the wider context of
and
cooperation
development

policies

— environmental problems related to industrial activities.

— the

internalisation of

environmental

costs,

including

through economic instruments,

2.

Activities eligible for financing include, amongst others:

— the contribution to strengthening regional cooperation in

the area of sustainable development.

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

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

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 inter-
national environmental agreements.

Article 4

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

— the promotion of

trade in products

that have been

produced in a sustainable manner,

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 associations
in particular indigenous peoples.
representing local people,

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Article 5

Article 6

1.
Community financing may cover studies, technical assis-
tance, 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,
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 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
programmes, recurrent expenditure may normally be covered
only during the start-up phase and on a gradually decreasing
basis.

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 cofinancing 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.

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 shall, in liaison with Member States, take all coor-
dination 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) the spot coordination of

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

the Commission and of

these activities by means of
information between
the Member

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, shall take any initiative
necessary for ensuring proper coordination and close collab-
oration with the cooperation partners, the local partners (non
governmental organisations, grassroots communities and asso-
ciations),
international organisations
involved, in particular those forming part of the United Nations
system.

and other

donors

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

Article 7

framework for implementing this Regulation
The financial
during the period from 2000 to 2006 shall be EUR 93
million.

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

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 Communities.

Every second year,

the Commission shall adopt,

2.
in
accordance with the procedure laid down in Article 9(2) stra-
tegic guidelines and priorities for implementing the activities to
be carried out in the following years. It shall inform the Euro-
pean Parliament thereof.

3.
Decisions relating to grants of EUR 2,5 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 2,5 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
activities, provided that the overrun or additional requirement
is less than or equal to 20 % of the initial commitment fixed by
the financing decision.

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 applic-
able to the general budget of the European Communities.

7. Where operations are the subject of financing agreements
between the Community and the recipient country, such agree-
ments shall stipulate that the payment of taxes, duties or any
other charges is not to be covered by the Community.

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Participation in invitations to tender and the award of
8.
contracts shall be open on equal terms to all natural and legal
persons of the Member States and of the recipient country. It
may be extended to other developing countries and, in excep-
tional cases, which are fully justified, to other third countries.

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

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

10.

Particular attention shall be paid to:

— the pursuit of cost-effectiveness and sustainable impact of

activities,

— the clear definition and monitoring of objectives and indi-

cators of achievement for all activities.

Article 9

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.

Article 10

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 Regula-
tion over that period.

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 future activities. The Commission shall submit to
the Committee 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.

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
services including Commission delegations in the countries
concerned.

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.

It shall apply until 31 December 2006.

Four years after the entry into force of this Regulation,
2.
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 Brussels, 7 November 2000.

For the European Parliament

The President

N. FONTAINE

For the Council

The President

L. FABIUS