Council Regulation (EC) No 1725/2001 of 23 July 2001 concerning action against anti-personnel landmines in third countries other than developing countries
Date: 2001-07-23
Institutions: Council of the European Union
Subjects: EU aid, disarmament, explosive, military equipment, third country

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Official Journal of the European Communities

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COUNCIL REGULATION (EC) No 1725/2001

of 23 July 2001

concerning action against anti-personnel

landmines in third countries other than developing
countries

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:

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

inhibit

Anti-personnel landmines cause suffering and casualties
and constitute a serious obstacle to economic develop-
ment,
refugees and displaced
persons, and obstruct humanitarian aid operations,
reconstruction and rehabilitation and the restoration of
normal social conditions.

the return of

The Community is determined to make a full contribu-
total elimination of anti-
tion towards the goal of
landmines world-wide in the coming years.
personnel

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

Action to achieve the total elimination of anti-personnel
landmines is still at an early stage and therefore the
Community should continue to exercise determined
leadership until the goal

is fully achieved.

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

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.

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

imperatives.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

actions will continue to be funded from specific budget
lines, supported, complemented and coordinated under
this Regulation where appropriate.

For the Community to be able to contribute effectively
to preventive actions on mines, it will be necessary to
allow for Community action to destroy anti-personnel
landmines in stockpiles in conjunction with operations
to destroy anti-personnel

landmines in the ground.

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

The Community needs to be in a position to ascertain
that the mine clearance actions which it has financed
have been effective. It must therefore employ the appro-
priate technical means,
including military technology
where necessary.

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

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

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.

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 (2).

The anti-personnel landmine problem, by its life-threat-
ening nature and its global extent, requires efficient,
flexible and, where necessary, rapid decision-making
procedures for the financing of Community actions.

(10)

(11)

(12)

(13)

(14)

(15)

(16)

(17)

As part of such activities, as well as in the case of
framework programmes for the research and develop-
ment of mine action technology, new and existing

(18)

The Community should ensure maximum transparency
in the implementation of the financial assistance and
stringent controls in the use of appropriations.

(1) OJ C 120 E, 24.4.2001, p. 173.

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

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The protection of the Communities' financial interests as
well as the fight against fraud and irregularities consti-
tute an inherent part of this Regulation.

(e) supporting the in-country trial and introduction into opera-
tional use of appropriate mine action equipment and tech-
niques;

(19)

(20)

The operations referred to in this Regulation fit into the
framework of Community cooperation policy in third
countries other than developing countries and are neces-
sary to attain one of the objectives of the Treaty. The
Treaty does not provide for the adoption of this Regula-
tion, powers other than those laid down in Article 308.

(21) Article 6 of Regulation (EC) No 1724/2001 of the Euro-
pean Parliament and of the Council of 23 July 2001
concerning action against anti-personnel
landmines in
developing countries (1) provides for a financial frame-
work for the implementation of all Community mine
actions,

including under this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

1.
This Regulation lays down the procedures for the imple-
mentation of Community operations against anti-personnel
landmines within the framework of Community cooperation
policy in third countries, while advancing a consistent and
coherent humanitarian mine clearance strategy in response to
the Convention on the Prohibition of the Use, Stockpiling,
Production and Transfer of Anti-Personnel Mines and on their
Destruction (hereinafter referred to as the ‘Ottawa Convention’).

2.
The operations referred to in this Regulation shall be
implemented in the territory of third countries other than
developing countries or shall be directly related to situations
arising in these countries, particularly in those recovering from
conflicts.

Mine actions shall be integrated into all country and coopera-
tion strategies of such third countries which suffer from the
consequences of anti-personnel

landmines.

Article 2

Community operations under this Regulation shall be
1.
aimed
from the
consequences of anti-personnel landmines, to create the condi-
tions necessary for their economic and social development, by

countries which

assisting

suffer

at

(a) supporting the elaboration, monitoring and implementa-

tion of a civilian mine action strategy;

(b) assisting afflicted countries in their implementation of the

Ottawa Convention;

(c) creating and sustaining international structures and local
capabilities within the afflicted countries to carry out mine
actions with maximum effectiveness;

(d) responding to humanitarian emergency, preventing casual-
ties and assisting the rehabilitation of mine victims;

(1) See page 1 of this Official Journal.

(f) promoting coordination with end-users of the mine clear-
ance equipment at the early stages of research and to
support
these technologies in mine-affected
countries;

the use of

(g) encouraging mine clearance actions that are compatible
with the local environment and consistent with the sustain-
able development of the affected region;

(h) supporting coordination among international mine action

actors.

The operations

2.
this Regulation may
financed under
comprise all activities related to action against anti-personnel
for
landmines which will
economic and social development,

support objectives necessary
including:

(a) mine awareness education;

(b) training of specialist personnel;

(c) survey and marking of suspected areas;

(d) detection and identification of anti-personnel

landmines;

(e) mine clearance to humanitarian standards and destruction
of anti-personnel landmines in the ground and in conjunc-
tion therewith the destruction of anti-personnel landmines
in stockpiles;

(f) victim assistance, rehabilitation and socio-economic reinte-

gration of mine victims;

(g) information management, including geographical informa-

tion systems;

(h) other activities, which contribute to the reduction of the
impact of anti-

human, economic and environmental
personnel

landmines.

In the context of paragraph 2, priority shall be given to
3.
operations in the most seriously mine afflicted countries, where
anti-personnel landmines or, in conjunction therewith, other
unexploded ordnance cause many civilian casualties or where
the presence or suspected presence of these devices is a major
obstacle to the restoration of economic and social activity or to
development and thus requires a specific long-term commit-
ment that emergency humanitarian or reconstruction aid are
unable to provide.

In order

4.
to ensure coherence, complementarity and
synergy within regional operation 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 programmes or projects
shall continue to be financed from the budget line on which
the principal action is financed. Where necessary, these activi-
ties may be complemented or supported by mine actions
financed under this Regulation.

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Article 3

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

The operations financed under this Regulation shall in principle
benefit
those countries which are committed to the fight
against anti-personnel landmines and are parties to the Ottawa
Convention. Exceptions may be made for humanitarian emer-
gency, 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.

Article 4

1.
Partners eligible for financial support under this Regula-
tion may include regional and international organisations and
agencies, non-governmental organisations (NGOs), national,
provincial and local governments, their departments and agen-
cies, institutes and public and private operators with appro-
priate specialised expertise and experience.

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

Companies

3.
for
and other organisations
contracts shall show that they have an operations policy that
does not put their employees unduly at risk, and that such
policy is supported by adequate employee accident and 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, supplies and works needed for the imple-
mentation of mine actions; studies and conferences and meas-
ures to strengthen international coordination of mine action;
evaluation and monitoring missions; as well as activities to
raise public awareness.

Community financing under this Regulation shall take the

2.
form of grants.

3. Where operations are the subject of financial agreements
between Community and partner countries such agreements
shall stipulate that the payment of taxes, duties or any other
charges is not to be covered by the Community.

Article 6

The Commission shall be assisted by the relevant

1.
geographical committee.

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply.

3.

The Committee shall adopt its rules of procedure.

Article 7

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

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

The Commission shall promote

coordination and
3.
cooperation with international contributors and actors,
in
particular those which form part of the United Nations system
and with NGOs, as well as with relevant centres such as the
Geneva International Centre for Humanitarian Demining.

The necessary measures shall be taken to give visibility to

4.
the contribution by the Community.

Article 8

The Commission shall appraise, decide, and administer
1.
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
Regulation of 21 December 1977 applicable to the general
budget of the European Communities (1).

Financing decisions exceeding EUR 3 million shall be

2.
taken under the procedure laid down in Article 6(2).

The Commission shall

3.
inform the relevant Committee
referred to in Article 6(1) of any financing decision of less than
EUR 3 million in value. This information shall be made avail-
able no later than one week before 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 amend-
ments or additional commitments in excess of 20 % of the
initial commitment.

Article 9

Projects shall

form part of

1.
the wider reconstruction
framework of the country or region in question, and be priori-
tised and appraised in terms of their positive impact and cost
effectiveness.

(1) OJ L 356, 31.12.1977, p. 1. Regulation as

Regulation (EC, ECSC, Euratom) No 762/2001 (OJ
20.4.2001, p. 1).

last amended by
L 111,

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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
in cooperation 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 10

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 Regulation.

In addition, the Commission may carry out on-the-spot checks
and inspections
in conformity with Council Regulation
(Euratom, EC) No 2185/96 (1). The measures taken by the
Commission shall provide for adequate protection of the finan-
cial interests of the Community in conformity with Council
Regulation (EC, Euratom) No 2988/95 (2).

Article 11

To facilitate multiannual mine
action coordination and
programming, an Anti-personnel Landmines (APL) Strategy
Paper comprising horizontal guidelines and priorities
for
Community mine action and the benchmarks for their achieve-
ment, shall regularly be presented to a joint meeting of the

for consideration in
Committees referred to in Article 6,
accordance with the procedures laid down in Article 6(2). The
APL Strategy Paper 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 contribu-
including Member States and to
tions of other donors
Community mine actions funded from other budget lines. The
APL Strategy Paper shall also be transmitted to the European
Parliament for information.

Article 12

The Commission shall regularly assess operations 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.

Article 13

Every three years after entry into force of this Regulation, the
Commission shall submit to the European Parliament and the
Council an overall assessment of all Community mine actions,
together with suggestions for the future of this Regulation and,
as necessary, proposals for amendments to it.

Article 14

This Regulation shall enter into force on the day of its publica-
tion in the Official Journal of the European Communities.

It shall apply until 31 December 2009.

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

Done at Brussels, 23 July 2001.

For the Council

The President

A. NEYTS-UYTTEBROECK

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