Amended proposal for a Regulation of the European Parliament and the Council on operations to aid uprooted people in Asian and Latin American developing countries (presented by the Commission pursuant to Article 250 (2)  of the EC Treaty)
Date: 2001-08-27
Institutions: European Commission
Subjects: Asia, Latin America, aid to refugees, cooperation policy, development aid

C 332 E/240

EN

Official Journal of the European Communities

27.11.2001

Amended proposal for a Regulation of the European Parliament and the Council on operations to
aid uprooted people in Asian and Latin American developing countries (1)

(2001/C 332 E/05)

COM(2001) 502 final (cid:151) 2000/0338(COD)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 27 August 2001)

1.

BACKGROUND

2.2. Chapter I (Art. 1-6 and amendments 13-20)

In 1984,
the European Parliament created two budget
lines (B7-302 and B7-312) to aid uprooted people, but
it was only in 1997 that the Commission proposed a
in line with the obligation to
regulation (n. 443/97)
provide each budget line with a legal basis.

improve the overall

The amendments proposed make the definitions more
precise,
the text,
underline the importance of democratisation and human
rights, make explicit the importance attached to helping
vulnerable groups and further clarify the role of the regu-
lation in the relief-rehabilitation-development continuum.

readability of

This regulation was due to expire at the end of 1999. The
Commission began work on a new regulation in 1999,
but it was finally decided to seek an extension of Regu-
lation 443 (Regulation 1880/2000 of 17 July 2000) and
prepare, in parallel, a new regulation. This extension was
published in the OJ on 7 September 2000. The European
Parliament and the Council requested an independent
evaluation, which was completed by the Commission in
September 2000.

Amendment 20 makes explicit the limitations to financing
of real estate purchase. While this is not, as a general rule,
an eligible cost, the financial provisions attached to the
standard contracts for external aid foresee exceptions
where it is considered necessary for the direct implemen-
the operation. The text proposed by the
tation of
Parliament
financial
the wording of
reproduces
provisions.

the

In December 2000, the Commission transmitted to the
Council and the Parliament a proposal for a new regu-
lation to aid uprooted people (COM(2000) 831 final (cid:151)
2000/0338(COD). The proposal aims at helping uprooted
people (refugees, displaced persons and returnees) and
demobilised soldiers in Asia and Latin America developing
countries by creating the best possible conditions for their
integration or reintegration.

The Parliament adopted its opinion (first reading) at its
plenary session on 5 July 2001. The Commission declared,
during the session, that it accepts all the amendments
proposed.

2. ANALYSIS OF THE AMENDMENTS

The Commission accepts the integration into its amended
proposal of all amendments (1 to 32) adopted by the
Parliament during its plenary session of 5 July 2001.

2.1. Recitals (amendments 1 to 12)

Overall, the text of the recitals proposed by the Parliament
further clarifies and details the objectives of the regu-
lation. Amendment 11 is a consequence of Amendment
31, which fixes a limited duration to the regulation.

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

2.3. Chapter II (Art. 7-14 and amendments 21-26)

Overall, the amendments reinforce the control and moni-
toring provisions of the regulation.

Amendment 22 strengthens the human rights dimension
of the regulation in selecting partners.

Amendment 26 updates the text taking into account the
recent reform of EC external aid and makes reference to
the country strategy process as the key instrument for
co-ordination.

2.4. Chapter III (Art. 15-18 and amendments 27 and 27(a)

Amendment 27 fixes the financial
framework for the
duration of the regulation, as foreseen in the Inter-institu-
tional agreement of 6 May 1999 (Section E, Art. 33). The
Commission takes note of the desire of the Parliament to
earmark to the operations to be financed under this regu-
lation financial
resources beyond the amount already
programmed.

Amendment
supplementary commitments.

simplifies

28

the

procedure

for

2.5. Chapter IV (Art. 19-20 and amendments 28-31)

amendments 28-30 improve

Overall,
reporting
provisions of the regulation by taking into account the
multiannual nature of the programming exercise and by
better defining the information to be provided.

the

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Official Journal of the European Communities

C 332 E/241

In addition, the Parliament proposes a fixed duration for
the
regulation (Amendment 31). The Commission
originally proposed that the Regulation should be valid
for an indefinite period of
to avoid
periodic discussion on a question that seems unlikely to
go away and to change in nature in any significant way.
However, it considers that December 2004 is a reasonable
compromise, particularly in the light of
the on-going
revision of the ALA regulation, which will examine the

in order

time,

possibility of incorporating the (cid:145)uprooted people(cid:146) question
into a single geographical instrument.

3.

CONCLUSIONS

to Article 250(2) of

Pursuant
the
Commission amends its proposal according to the above
comments.

the EC Treaty,