Proposal for a Council Decision on the conclusion of the Convention between the European Community and the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) concerning aid to refugees in the countries in the Near East for 2002-2005
Date: 2002-05-03
Institutions: European Commission
Subjects: European convention, Palestine question, UNO, aid to refugees, cooperation policy

C 203 E/142

EN

Official Journal of the European Communities

27.8.2002

Proposal for a Council Decision on the conclusion of the Convention between the European
Community and the United Nations Relief and Works Agency for Palestine Refugees in the
Near East (UNRWA) concerning aid to refugees in the countries in the Near East for 2002-2005

(2002/C 203 E/24)

COM(2002) 238 final — 2002/0104(CNS)

(Submitted by the Commission on 3 May 2002)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 181 in conjunction
first subparagraph, and paragraph 4,
with Article 300(3)
thereof,

(6) The appropriate internal procedure should be established to
ensure the proper functioning of
is
therefore necessary to delegate to the Commission the
power to proceed to modifications where the convention
provides for modifications to be adopted by simplified
procedure (exchange of letters),

the agreement.

It

Having regard to the proposal from the Commission,

HAS DECIDED AS FOLLOWS:

Having regard to the opinion of the European Parliament,

Article 1

Whereas:

(1) The

tenth Convention (1) concluded with the United
Nations Relief and Works Agency for Palestine Refugees
in the Near East (UNRWA) expired on 31 December 2001.

(2) The current crisis in the Middle East has put additional

burden on UNRWA.

(3) The Community assistance to UNRWA is an important
element in stabilising the situation in the Middle East and
furthermore forms part of the campaign against poverty in
to the
developing countries and therefore contributes
sustainable economic and social development of the popu-
lation concerned and the host countries in which the popu-
lation lives.

(4) Support of UNRWA operations would be

likely to
contribute to the attainment of the Community objectives
described in the above paragraph.

(5) A new Convention should be concluded with UNRWA so
that the Community's aid can continue to be provided as
part of a comprehensive programme offering a measure of
continuity,

The Convention between the European Community and the
and Works Agency for Palestine
United Nations Relief
Refugees
in the
countries of the Near East is hereby approved on behalf of
the Community.

concerning aid to refugees

(UNRWA)

The text of this Convention is attached to this Decision.

Article 2

The execution of the Community programme of food aid to
UNRWA shall be governed by the procedure defined in Regu-
lation (EC) No 1292/96 (2).

Article 3

The Commission shall be approve,
in consultation with a
special committee, modifications to the Convention where
the Convention provides for modifications to be adopted by
way of simplified procedure (exchange of letters).

Article 4

The President of the Council is hereby authorised to designate
the persons empowered to sign the Convention in order to
bind the Community.

(1) OJ L 261, 7.11.1996, p. 69.

(2) OJ L 166, 5.7.1996, p. 1.

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Official Journal of the European Communities

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between the European Community and the United Nations Relief and Works Agency for Palestine
Refugees (UNWRA) concerning aid to refugees in the countries of the Near East

CONVENTION

Article 1

referred to as ‘the
The European Community (hereinafter
this Convention with the
Community’) hereby concludes
and Works Agency for Palestine
United Nations Relief
in the Near East
referred to as
Refugees
‘UNRWA’)
in order to confirm its commitment to financial
support to UNRWA. This funding, extending over a four-year
period (2002-2005), shall take the form of cash contributions
for use under the UNRWA General Fund.

(hereinafter

The financial commitment will be made subject to budgetary
availability and with respect to the financial perspectives of the
European Communities until the year 2006.

Article 2

Community contribution

The Community shall pay to UNRWA annually a cash

1.
contribution towards the General Fund.

Notwithstanding Article 3 of this Convention, the size of this
exceed EUR 55 million in 2002,
contribution shall not
EUR 57,75 million in 2003, EUR 60 637 500 in 2004, and
EUR 63 669 375 in 2005.

2.
The contribution to the General Fund will be made by
means of grant agreements to be concluded between the
European Commission and UNRWA covering the years
2002-2005. The grant agreements will be concluded fully in
accordance with the provisions of the ‘Agreement between the
United Nations and the European Community on the Principles
Applying to the Financing or Co-financing by the Community
of Programmes and Projects Administered by the United
Nations of 9 August 1999’.

The contribution shall be subject

to the internal and
3.
external auditing procedures laid down in the Financial Regu-
lations, Rules and directives of UNRWA, the result of which
will be duly communicated to the European Commission.

basis of an exchange of letters between the Community and
UNRWA.

By the end of 2003, political developments regarding the
refugees will be reviewed by the parties, and an evaluation
made of any plans UNRWA has formulated, and,
if this is
the case, put into effect, for the hand-over of its functions to
the Palestinian Authority and/or any other body.

If, during the life of the Convention, any or all of the functions
of UNRWA are transferred to the Palestinian Authority or to
any other body, necessary adjustments will be made to those
parts of the Community contribution to UNRWA under the
Convention, on the basis of an exchange of letters between the
Community and UNRWA.

Article 5

Arbitration clause

1.
Any dispute, controversy or claim arising out of or
relating to the interpretation, application or fulfilment of this
Convention,
including its existence, validity or termination,
which cannot be settled amicably between the Parties shall
be referred to arbitration in accordance with the Permanent
Court of Arbitration Optional Rules for Arbitration for Inter-
national Organisations and States in force at the date of the
signature of this Convention.

2.

There shall be one arbitrator.

The language to be employed during arbitration is

3.
English.

Article 3

Food aid

In the absence of agreement between the two Parties, the
4.
arbitrator shall be designated by the President of the Inter-
national Court of Justice following written request submitted
by either Party.

Taking into account the annual evaluation of the needs of the
refugee population, other Community resources can also be
mobilised for UNRWA's food aid programme to meet
the
specific needs of vulnerable groups. The amounts, quantities
and characteristics of
the commodities, cash and services
provided and all other conditions related to support to the
food aid programme will be subject
to separately agreed
conditions, based on annual requests from UNRWA.

Article 4

Adjustment

If necessary, during the life of the Convention, the parties can
by mutual agreement increase or decrease those parts of the
contributions otherwise fixed under this Convention, on the

5.
The Arbitrator shall reach his/her decision in accordance
with the terms and conditions of the contract in the light of
the general principles of law recognised by States.

Article 6

Agreement on global arrangements

Following agreement in the discussions being held between the
United Nations and the Commission on global arrangements
covering the donation of voluntary contributions, the relevant
provisions of such agreement and this Convention shall be
promptly reviewed and any necessary amendments agreed to

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by UNRWA and the Commission shall be made to the
applicable provisions of this Convention.

Article 7

Duration of the Convention

This Convention shall enter into force on the first day of the
month following the date on which the Parties notify each
other that the procedures referred to in the first paragraph
of this article have been completed.

The Convention shall cover a period of four calendar years
(2002, 2003, 2004, and 2005).

Article 9

Article 8

The Convention shall be approved by the parties in accordance
with their own procedures.

This Convention shall be drawn up in duplicate in the Danish,
Dutch, English, Finnish, French, German, Greek,
Italian,
Portuguese, Spanish and Swedish languages, each version
being equally authentic.