European Parliament legislative resolution on the proposal for a Council regulation on access to Community External Assistance (8977/2005 - C6-0156/2005 - 2005/0806(CNS))
Date: 2005-09-06
Institutions: Committee on Development, European Parliament
Subjects: Development Assistance Committee, EU aid, aid system, development aid, invitation to tender, public contract

C 193 E/70

Official Journal of the European Union

EN

17.8.2006

Tuesday 6 September 2005

— having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council

consulted Parliament (C6-0053/2005),

— having regard to Rules 51 and 83(7) of its Rules of Procedure,

— having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0214/

2005),

1.

Approves conclusion of the agreement;

Instructs its President to forward its position to the Council and Commission, and the governments

2.
and parliaments of the Member States and the Republic of Albania.

P6_TA(2005)0318

Access to Community External Assistance *

European Parliament legislative resolution on the proposal for a Council regulation on access to
Community External Assistance (8977/2005 — C6-0156/2005 — 2005/0806(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Council text (8977/2005) (1),

— having regard to the initial Commission proposal to the European Parliament and the Council (COM

(2004)0313) (1),

— having been informed by the Council of its decision to split the initial proposal to the European

Parliament and the Council,

— having regard to Article 181a of the EC Treaty, pursuant to which the Council consulted Parliament

(C6-0156/2005),

— having regard to Rule 51 of its Rules of Procedure,

— having regard to the report of the Committee on Development (A6-0239/2005),

1.

2.

Approves the Council text as amended;

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

Asks the Council to consult Parliament again if it intends to modify substantially the text submitted

3.
for consultation;

4.

Instructs its President to forward its position to the Council and Commission.

TEXT PROPOSED
BY THE COUNCIL

AMENDMENTS
BY PARLIAMENT

Amendment 1
Recital 1

(1) The practice of tying the granting of aid, directly or indi-
rectly, to the purchase of goods and services procured by means
of that aid in the donor country reduces its effectiveness and is
not coherent with a pro-poor development policy. The untying

(1) The practice of tying the granting of aid, directly or indi-
rectly, to the purchase of goods and services procured by means
of that aid in the donor country reduces its effectiveness and is
not coherent with a pro-poor development policy. The untying

(1) Not yet published in OJ.

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TEXT PROPOSED
BY THE COUNCIL

Tuesday 6 September 2005

AMENDMENTS
BY PARLIAMENT

of aid is not an aim in itself, but should be used as a tool to
cross-fertilise other elements in the fight against poverty such as
ownership, regional integration and capacity building.

of aid is not an aim in itself, but should be used as a tool to
cross-fertilise other elements in the fight against poverty such as
ownership, regional
integration and capacity building, with a
focus on empowering local and regional suppliers of goods
and services in developing countries.

Amendment 2

Recital 6

(6) On 4 September 2003, a Resolution from the European
Parliament on the untying of aid (1) noted the need to further
untie Community aid. It supported the modalities detailed in the
afore-mentioned Communication and agreed to the options
proposed. It highlighted the need for further debate towards
more untying on the base of complementary studies and docu-
mented proposals.

(6) On 4 September 2003, a Resolution from the European
Parliament on the untying of aid (1) noted the need to further
untie Community aid. It supported the modalities detailed in the
afore-mentioned Communication and agreed to the options
proposed. It highlighted the need for further debate towards
more untying on the base of complementary studies and docu-
mented proposals, and called explicitly for ‘a clear preference
for local and regional cooperation, prioritising — in ranking
order — suppliers from the recipient country, neighbouring
developing countries and other developing countries’, in order
to strengthen the efforts of the recipient countries to improve
their own production at national, regional, local and family
level, as well as actions aiming at improving the availability
and accessibility to the public of foodstuffs and basic services,
consistent with local habits and production and trading sys-
tems.

(1) A5/2003/190, Bulletin/2003/9, 1.6.64.

(1) OJ C 76 E, 25.3.2004, p. 474.

Amendment 3

Recital 7

(7)
Several elements need to be addressed in order to define
the access to Community External Assistance. The rules of eligi-
bility defined the access of persons in Article 3. The rules of
origin defined the access of supplies and materials purchased
by eligible person in Article 4. The access of a specific category
of persons is allowed in Article 3 under the condition of recip-
rocity. The definition and modalities of
implementation of
reciprocity are contained in Article 5. Derogations and their
implementation are defined in Article 6. Specific provisions con-
cerning the operations
financed through an international
organisation, a regional organisation, or co-financed with a
third country, are defined in Article 7.

(7)
Several elements need to be addressed in order to define
the access to Community External Assistance. The rules of eligi-
bility defined the access of persons in Article 3. The rules of
origin defined the access of supplies and materials purchased
and experts engaged by eligible persons in Article 4. The defini-
tion and modalities of implementation of reciprocity are con-
tained in Article 5. Derogations and their implementation are
defined in Article 6. Specific provisions concerning the oper-
ations financed through an international organisation, a regional
organisation, or co-financed with a third country, are defined in
Article 7.

Amendment 4

Recital 8a (new)

(8a) When awarding tenders under a Community instru-
ment, special consideration will be given to respect for inter-
nationally agreed core labour standards of the International

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TEXT PROPOSED
BY THE COUNCIL

AMENDMENTS
BY PARLIAMENT

Labour Organization (ILO), e.g. the conventions on freedom of
association and collective bargaining, elimination of forced
and compulsory labour, elimination of discrimination with
respect to employment and occupation, and abolition of child
labour.

Amendment 5

Recital 8b (new)

(8b) When awarding tenders under a Community instru-
ment, special consideration will be given to respect for the
following internationally agreed environmental conventions:
the Convention on Biological Diversity of 1992, the Cartagena
Protocol on Biosafety of 2000 and the Kyoto Protocol to the
United Nations Framework Convention on Climate Change of
1997,

Amendment 6

Article 3, paragraph 2

(2)
Participation in the award of procurement or grant con-
tracts financed under a Community instrument with thematic
scope, as defined in Annex I Part A, shall be open to all legal
persons who are nationals of a developing or
transition
country, as defined by the Development Assistance Committee
the Organisation for Economic Co-operation and Devel-
of
opment (OECD/DAC) lists, contained in the Annex II, in addi-
tion to those legal persons already eligible by virtue of the
respective instrument.

(2)
Participation in the award of procurement or grant con-
tracts financed under a Community instrument with thematic
scope, as defined in Annex I Part A, shall be open to all legal
persons who are nationals of a developing country, as defined
by the Development Assistance Committee of the Organisation
for Economic Co-operation and Development (OECD/DAC) List
contained in Annex II, in addition to those legal persons already
eligible by virtue of the respective instrument.

Amendment 7

Article 3, paragraph 3

(3)
Participation in the award of procurement or grant con-
tracts financed under a Community instrument with geographi-
cal scope, as defined in Annex I Part B, shall be open to all legal
persons who are nationals of a developing or transition country
as defined by the OECD/DAC lists, contained in the Annex II,
and which are expressly mentioned as eligible, as well as to
those already mentioned as eligible by the respective instrument.

(3)
Participation in the award of procurement or grant con-
tracts financed under a Community instrument with geographi-
cal scope, as defined in Annex I Part B, shall be open to all legal
persons who are nationals of a developing country as defined
by the OECD/DAC List, contained in Annex II, and which are
expressly mentioned as eligible, as well as to those already men-
tioned as eligible by the respective instrument.

Amendment 8

Article 3, paragraph 5

(5)
The eligibility rules in this article do not apply to the
experts proposed by tenderers taking part in the award of pro-
curement contracts. Those experts can be of any nationality.

Deleted

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Official Journal of the European Union

C 193 E/73

TEXT PROPOSED
BY THE COUNCIL

Tuesday 6 September 2005

AMENDMENTS
BY PARLIAMENT

Amendment 9
Article 3a (new)

Article 3a

Experts

All experts engaged by tenderers as defined in Articles 3 and 7
may be of any nationality. This Article is without prejudice to
the qualitative and financial requirements set out in the Com-
munity's procurement rules.

Amendment 10
Article 4

All supplies and materials purchased under a contract financed
under a Community instrument must originate from the Com-
munity or from an eligible country as defined in Article 3
herein. Origin for the purpose of this Regulation is defined in
the relevant Community legislation on rules of origin for cus-
toms purposes.

All supplies and materials purchased under a contract financed
under a Community instrument must originate from the Com-
munity or from an eligible country as defined in Articles 3 and
6 herein. Origin for the purpose of this Regulation is defined in
the relevant Community legislation on rules of origin for cus-
toms purposes.

Amendment 11
Article 5, paragraph 1

(1)
Reciprocal access to EC external assistance shall be
granted for a country falling under the scope of Article 3 (4),
whenever such country grants eligibility on equal terms to the
Member States of the European Union.

(1)
Reciprocal access to the Community's external assistance
shall be granted for a country falling under the scope of Arti-
cle 3 (4), whenever such country grants eligibility on equal
terms to the Member States of the European Union and to the
recipient country concerned.

Amendment 12
Article 5, paragraph 2

(2)
The granting of reciprocal access to EC external assist-
ance shall be based on a comparison between the EU and
other donors and shall be done at entire sector level, as defined
by the OECD/DAC categories, or entire country level, either
donor or recipient. The decision of granting this reciprocity to
a donor country shall be based on the transparency, consistency
and proportionality of the aid provided by that donor, including
its qualitative and quantitative nature.

(2)
The granting of reciprocal access to the Community's
external assistance shall be based on a comparison between the
EU and other donors and shall proceed at sectoral
level, as
defined by the OECD/DAC categories, or at country level,
whether the country concerned is a donor or a recipient
country. The decision to grant this reciprocity to a donor
country shall be based on the transparency, consistency and
proportionality of the aid provided by that donor, including its
qualitative and quantitative nature.

Amendment 13
Article 5, paragraph 3

Reciprocal access to EC external assistance shall be estab-
(3)
lished by means of a specific decision concerning a given
country or a given regional group of countries. Such a decision
shall be adopted in accordance with the Council Decision 1999/
468/EC (1) under the procedures and relevant committee ruling
the instrument concerned. Such a decision shall be in force for
a minimum period of one year.

Reciprocal access to the Community's external assistance
(3)
shall be established by means of a specific decision concerning a
given country or a given regional group of countries. Such a
decision shall be adopted in accordance with Council Decision
1999/468/EC (1) of 28 June 1999 laying down the procedures for
implementing powers conferred on the Commission-
the exercise of
under the procedures and relevant committee associated with
the act concerned. Such a decision shall remain in force for a
minimum period of one year.

(1) OJ L 231, 29.8.2001.

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

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TEXT PROPOSED
BY THE COUNCIL

AMENDMENTS
BY PARLIAMENT

Amendment 14
Article 5, paragraph 4

(4)
Reciprocal access to EC external assistance shall be auto-
matically granted in accordance with Point II a) of the 2001
Recommendations of the OECD/DAC on Untying of Official
Development Assistance to the Least Developed Countries,
refered in Annex IV, to the third countries listed in Annex III.

(4)
Reciprocal access to the Community's external assistance
in the Least Developed Countries as listed in Annex II shall be
automatically granted to the third countries listed in Annex III.

The beneficiary countries, shall be consulted to the maxi-
(5)
mum extent in the process described in paragraphs (1) to (3).

The recipient countries shall be consulted in the process

(5)
described in paragraphs 1, 2 and 3.

Amendment 15
Article 5, paragraph 5

Amendment 16
Article 7, title

Operations involving international
tries

institutions or third coun-

Operations involving international institutions or co-financing

Amendment 17
Article 7, paragraph 1

(1) Whenever Community funding covers an operation
implemented through an international organisation, partici-
pation in the appropriate contractual procedures shall be open
to all legal persons who are eligible according to Article 3 as
well as to all legal persons who are eligible according to the
rules of such organisation, care being taken for guaranteeing
equal treatment to all donors. The same rules apply for supplies
and materials.

(1) Whenever Community funding covers an operation
implemented through an international organisation, partici-
pation in the appropriate contractual procedures shall be open
to all legal persons who are eligible according to Article 3 as
well as to all legal persons who are eligible according to the
rules of such organisation, care being taken for guaranteeing
equal treatment to all donors. The same rules shall apply for
supplies, materials and experts.

Amendment 18
Article 7, paragraph 2

(2) Whenever Community funding covers an operation co-
financed with a third country, subject to reciprocity as defined
in Article 5, or with a regional organisation, participation in the
legal
appropriate contractual procedures shall be open to all
persons who are eligible according to Article 3 as well as to all
legal persons who are nationals of such third country or coun-
tries member of this regional organisation. The same rules
apply for supplies and materials.

(2) Whenever Community funding covers an operation co-
financed with a third country, subject to reciprocity as defined
in Article 5, or with a regional organisation, or with a Member
State, participation in the appropriate contractual procedures
shall be open to all legal persons who are eligible according to
Article 3 as well as to all legal persons who are eligible under
the rules of such a third country, regional organisation or
Member State. The same rules apply for supplies, materials
and experts.

Amendment 19
Article 7, paragraph 3

(3)
The eligibility rules in this article do not apply to the
experts proposed by tenderers taking part in the award of pro-
curement contracts. Those experts can be of any country.

Deleted

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Official Journal of the European Union

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TEXT PROPOSED
BY THE COUNCIL

Tuesday 6 September 2005

AMENDMENTS
BY PARLIAMENT

Amendment 20
Article 7a (new)

Article 7a

Respect for core principles and strengthening local markets

(1)
In order to accelerate the eradication of poverty through
the promotion of local capacities, markets and purchases, spe-
cial consideration shall be given to local and regional procure-
ment in partner countries.

(2)
shall
Tenderers who have been awarded contracts
respect internationally agreed core labour standards, e.g. the
ILO core labour standards, conventions on freedom of associ-
ation and collective bargaining, elimination of forced and com-
pulsory labour, elimination of discrimination with respect to
employment and occupation, and abolition of child labour.

(3)
Access by developing countries to Community external
assistance shall be enabled by all technical assistance deemed
appropriate.

P6_TA(2005)0319

Management of waste from extractive industries ***II

European Parliament legislative resolution on the Council common position for adopting a directive
of the European Parliament and of the Council on the management of waste from extractive indus-
tries and amending Directive 2004/35/EC (16075/1/2004 — C6-0128/2005 — 2003/0107(COD))

(Codecision procedure: second reading)

The European Parliament,

— having regard to the Council common position (16075/1/2004 — C6-0128/2005),

— having regard to its position at first reading (1) on the Commission proposal to Parliament and the

Council (COM(2003)0319) (2),

— having regard to Article 251(2) of the EC Treaty,

— having regard to Rule 62 of its Rules of Procedure,

— having regard to the recommendation for second reading of the Committee on the Environment, Public

Health and Food Safety (A6-0236/2005),

1.

2.

Approves the common position as amended;

Instructs its President to forward its position to the Council and Commission.

(1) Texts adopted, P5_TA(2004)0240.
(2) Not yet published in OJ.