Amended proposal for a Council Regulation concerning action against anti-personnel landmines in third countries other then developing countries (presented by the Commission pursuant to Article 250 (2) of the EC Treaty)
Date: 2000-12-20
Institutions: European Commission
Subjects: EU action, conventional weapon, humanitarian aid, military cooperation, third country

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Amended proposal for a Council Regulation concerning action against anti-personnel landmines in
third countries other then developing countries

(2001/C 120 E/13)

COM(2000) 880 final (cid:151) 2000/0062/B(CNS)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 20 December 2000)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 308 thereof,

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

Having regard to the opinion of the European Parliament,

Whereas:

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

(2) Anti-personnel

landmines cause suffering and casualties,
and constitute a serious obstacle to economic devel-
opment,
the return of refugees and displaced
persons, and obstruct humanitarian aid operations, recon-
struction and rehabilitation and the restoration of normal
social conditions.

inhibit

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

nation of anti-personnel
coming years.

(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
continue
lines,
supported, complemented and co-ordinated under this
Regulation where appropriate.

funded from specific budget

to be

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

(9b) To destroy the stockpiles still being held by many States
terms and
the mines in question

would be highly advantageous in financial
would reduce the possibility of
being sold on the black market.

(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.

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

(4a) Action to achieve the total elimination of anti-personnel
landmines is still at an early stage and therefore the
to exercise determined
Community should continue
leadership until the goal is fully achieved.

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

Land Mines

and

(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.

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

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

therefore

It must

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

the Commission,

co-ordination

(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.

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(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
conferred on the
exercise of
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) The Commission,

in accordance with Article 3 of

the
Financial Regulation, will revise the financial statement,
in particular its estimated schedule of annual requirements
in appropriations, in the light of progress in implementing
this Regulation.

(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.

(17) The operations referred to in this Regulation fit into the
framework of Community co-operation policy in third
and are
countries other
necessary to attain one of the objectives of the Treaty.
The Treaty does not provide for the adoption of
this
Regulation, powers other
than those laid down in
Article 308,

than developing countries

HAS ADOPTED THIS REGULATION:

Article 1

The purpose of

1.
this Regulation is to lay down the
procedures for the implementation of Community operations
other then those of development co-operation carried out
within the framework of Community co-operation policy in
third countries ensuring a consistent and coherent humani-
tarian de-mining strategy at Community and international
levels and 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)).

2.
The operations referred to in this Regulation shall be
implemented in the territory of third countries or shall be

directly related to situations
particularly in those recovering from conflicts.

arising in these

countries,

Mine actions
should be integrated into all co-operation
strategies of those third countries which suffer from the conse-
quences of anti-personnel landmines.

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;

(d) to respond to humanitarian emergency, prevent casualties
and assist the rehabilitation of mine victims, in exceptional
cases of humanitarian need, also in States which have not
acceded to the Ottawa Convention;

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

(e.a) to promote co-ordination with end users of the de-mining
equipment at the early stages of research and to support
the use of these technologies in the poorest mine-affected
countries;

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

(f)

to support co-ordination among international mine action
players

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;

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

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

landmine and stockpile destruction;

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(f) victim assistance for the care, rehabilitation and socio-

economic reintegration of mine victims;

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.

(g) information

management,

including

geographical

information systems;

(h) improvement of the effectiveness of techniques and safety

standards;

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.

(i) 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
of people
comparable
towards mine-afflicted areas, or
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
cause many
landmines
civilian casualties or where
suspected
presence of these devices is a major obstacle to the restoration
of economic and social activity or to development and thus
that emergency
require a specific long-term commitment
humanitarian or reconstruction aid are unable to provide.

and other unexploded ordnance

the presence or

In order

to ensure coherence, complementarity and
4.
synergy within regional co-operation programmes and in the
context of humanitarian aid, rehabilitation, reconstruction and
development projects, mine actions which can be financed
those programmes or
within the framework of any of
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.

Companies

and other organisations

2a.
for
contracts shall show that they have an operations policy that
does not put their employees unduly at risk, and that such
supported by adequate employee accident and
policy is
liability insurance.

tendering

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 co-ordination 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 3

Article 6

financed under

this Regulation shall

landmines and are parties

in
The operations
principle benefit those countries which are committed to the
to the Ottawa
fight against
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 functioning.

The Commission shall be assisted by the relevant
1.
geographical committee composed of (cid:151) representatives of
Member States and chaired by the representative of
the
Commission.

reference

2. Where
the
management procedure laid down in Article 4 of Decision
1999/468/EC shall apply, in compliance with Article 7(3).

to this paragraph,

is made

Article 4

1.
Partners eligible for financial support under this Regu-
lation may include regional and international organisations

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

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

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Article 7

information,

The Commission shall, on the basis of a reciprocal and
1.
regular exchange of
including the exchange of
information on the spot, facilitate effective co-ordination 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
international

co-ordination and
3.
and
contributors
co-operation with other
players,
the United
Nations system, such as the GICHD in Geneva, and with NGOs.

in particular those which form part of

The necessary measures shall be taken to give visibility to

4.
the contribution by the Community.

The Commission,

in
having
3.
accordance with paragraph 1, shall inform the Member States
in writing within two working days and account
its
for
decision at the next meeting of the Committee concerned.

decision

adopted

a

Article 10

1.
Projects shall be prioritised and appraised in terms of
their positive impact and cost effectiveness and, wherever
possible,
integrated into the wider development or recon-
struction 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
co-ordinated by the beneficiary government or by local society
in co-operation with NGOs, 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 NGOs in order to enhance local
capacity and the sustainability of the project.

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

Article 11

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).

2.
Financing decisions exceeding EUR 3 million shall be
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.

The Commission may take decisions amending financing
4.
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.

Article 9

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

interests of

Article 12

for

To facilitate multi-annual mine action co-ordination and
programming, an APL Strategy Paper comprising horizontal
guidelines and priorities for Community mine actions and
regularly be
their achievement,
the benchmarks
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
regional levels, to the contributions of other donors including
Member States and to Community mine actions funded from
other budget lines.

shall

The Commission may decide on emergency action when

1.
deemed necessary.

Article 13

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.

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.

(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.

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the progress of

The Commission shall regularly inform the European
2.
Parliament and the Council of
its mine
actions. It shall submit a detailed and public report summa-
rising 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
implemented and indicate the respective amounts from the
different budget lines.

Article 14

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.

Article 15

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

Three years after entry into force of
an overall
Commission shall

submit

this Regulation,
assessment of

the
the

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