European Parliament legislative resolution on the proposal for a Council regulation establishing an Instrument for Pre-Accession Assistance (IPA) (COM(2004)0627 - C6-0047/2005 - 2004/0222(CNS))
Date: 2006-07-06
Institutions: Committee on Foreign Affairs, European Parliament
Subjects: EU aid, EU financial instrument, accession to the European Union, pre-accession strategy

C 303 E/798

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Official Journal of the European Union

13.12.2006

Thursday, 6 July 2006

P6_TA(2006)0308

Instrument for Pre-Accession Assistance (IPA) *

European Parliament legislative resolution on the proposal for a Council regulation establishing
(COM(2004)0627 — C6-0047/2005 —
an Instrument

for Pre-Accession Assistance (IPA)

2004/0222(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal to the Council (COM(2004)0627) (1),

— having regard to Article 181a of the Treaty establishing the European Community, pursuant to which

the Council consulted Parliament (C6-0047/2005),

— having regard to the Declaration of the Commission on the Democratic Scrutiny and Coherence of
External Actions annexed to the Interinstitutional Agreement of 17 May 2006 on budgetary discipline
and sound financial management (2) and the related exchange of letters,

— having regard to the statement made by the Commission at the plenary sitting of the European
Parliament of 17 May 2006 that ‘the Commission will take due account of any request made by the
European Parliament to the Commission to submit a proposal to suspend or restore Community assis-
tance and will provide a prompt and sufficiently detailed reply thereto’,

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

— having regard to the report of the Committee on Foreign Affairs and the opinions of the Committee on
International Trade, the Committee on Budgets, the Committee on Regional Development and the
Committee on Agriculture and Rural Development (A6-0155/2006),

1. Approves the Commission proposal as amended;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

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

4. Asks the Council
substantially;

to consult Parliament again if

it

intends to amend the Commission proposal

5.

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

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 1

Recital 2a (new)

The European Parliament has welcomed the addition,
(2a)
by the Treaty of Nice, of Article 181a to the Treaty establishing
the European Community (the EC Treaty), but reiterated its
position that, given the political and budgetary importance of
pre-accession assistance, it would be highly desirable to adopt
the measures necessary for the implementation of economic,
financial and technical cooperation with States which are
candidates for accession to the Union in accordance with the
procedure laid down in Article 251 of the EC Treaty.

(1) Not yet published in OJ.
(2) OJ C 139, 14.6.2006, p. 1.

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Amendment 2

Recital 11

Thursday, 6 July 2006

AMENDMENTS
BY PARLIAMENT

(11)
Assistance for Candidate Countries as well as for potential
Candidate Countries should continue to support them in their
efforts to strengthen democratic institutions and the rule of
law, reform public administration, respect human as well as
minority rights, support the development of civil society and
advance regional cooperation as well as reconciliation and
reconstruction, and contribute to sustainable development and
poverty reduction in these countries, and should therefore be
institution building
targeted to support a wide range of
measures,

(11)
Assistance for candidate countries as well as for potential
candidate countries under this Regulation, and for other entities
such as individuals and non-governmental organisations
under a separate instrument devoted to the promotion of
human rights and democracy, should continue to support
them in their efforts to strengthen democratic institutions and
the rule of
law, carry out economic reforms aimed at the
promotion of a market economy and free and fair trade,
reform public administration, prepare EU-compatible National
Development Plans, respect human as well as minority rights,
promote gender equality, support the development of civil
society,
improve
including institution-building for NGOs,
consumer rights, and advance regional cooperation as well as
reconciliation and reconstruction, and contribute to sustainable
development and poverty eradication in these countries, and
should therefore be targeted to support a wide range of institu-
tion building measures.

Amendment 3

Recital 13

Assistance for potential Candidate Countries may include
communautaire as well as

(13)
some alignment with the acquis
support for investment projects,

of

(13)
Assistance for potential candidate countries may include
some alignment with the acquis communautaire, facilitating the
formulation
provisional National
Development Plans aiming to build institutional absorption
capacity for future EU assistance, especially in the areas of
rural,
infrastructure and human resources development, as
well as support for investment projects.

EU-compatible

Amendment 4

Recital 14

(14)
Assistance should be provided on the basis of a
comprehensive multi-annual strategy, taking into account the
priorities of the Stabilisation and Association process, as well
as those deriving from the pre-accession process,

the Stabilisation and Association process,

(14)
Assistance should be provided on the basis of a
comprehensive multi-annual strategy that reflects the priorities
of
the domestic
reform objectives of beneficiary countries, as well as the stra-
tegic priorities defined by the European Parliament for the
pre-accession process.

Amendment 5

Recital 16a (new)

(16a)
Potential candidate countries and candidate countries
who have not yet been accredited to manage funds in a
decentralised manner should however be eligible, under the
Transition Assistance and Institution Building component,
for measures and actions of a similar nature to those which
will be available under the Regional Development component,
the Human Resource Development component and the Rural
Development component.

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AMENDMENTS
BY PARLIAMENT

Amendment 6

Recital 17

External Aid

Assistance should be managed in accordance with the
(17)
rules
in Regulation (EC)
contained
for
1605/2002, making use of the structures that have proved
their worth in the pre-accession process, such as decentralised
management, Twinning and TAIEX, but should also allow for
innovative approaches such as the implementation through
Member States via shared management in case of cross-border
programmes on the external borders of the European Union,

(17)
Assistance should be managed in accordance with the
rules for External Aid contained in Regulation (EC, Euratom)
No 1605/2002, making use of the structures that have proved
their worth in the pre-accession process, such as decentralised
management, Twinning and TAIEX, but should also allow for
innovative approaches such as the implementation through
Member States via shared management in case of cross-border
programmes on the external borders of the European Union.
The transfer of knowledge and expertise regarding the imple-
mentation of the acquis communautaire, from Member States
with relevant
this
Regulation, should be particularly beneficial in this context.

to the beneficiaries

experience

of

Amendment 7

Recital 18

as

the Regional

(18)
The actions necessary for the implementation of the
Transition Assistance and Institution Building Component as
well
and Cross-Border Co-operation
Component are management measures relating to the imple-
mentation of programmes with substantial budgetary implica-
tions, they should therefore be adopted in accordance with
Council Decision 1999/468 of 28 June 1999 laying down the
procedures for the exercise of implementing powers conferred
to the Commission, by submitting multi-annual
indicative
planning documents to a Management Committee,

as

the Regional

(18)
The actions necessary for the implementation of the
Transition Assistance and Institution Building Component as
well
and Cross-Border Co-operation
Component are management measures relating to the imple-
mentation of programmes with substantial budgetary implica-
tions, they should therefore be adopted, having regard to the
recommendation of the European Parliament,
in accordance
with Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing powers
conferred to the Commission, by submitting multi-annual indi-
cative planning documents to a Management Committee.

Amendment 8

Recital 22

(22) Where a beneficiary country violates the principles the
European Union is founded on, or makes insufficient progress
with respect to the Copenhagen Criteria and the priorities set
down in the European or Accession Partnership, the Council
must, on the basis of a proposal from the Commission, be in a
position to take the necessary measures,

(22) Where a beneficiary country violates the principles the
European Union is founded on, or makes insufficient progress
with respect to the Copenhagen criteria and the priorities set
down in the European or Accession Partnership or the provi-
sions of the Accession Treaty, the Council must, on the basis
of a proposal from the Commission and after consulting the
European Parliament, be in a position to take the necessary
measures,
in which case the Commission should initiate,
within the framework of this Regulation, specific action
aimed at resolving the problems hindering the pre-accession
or accession process.

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Amendment 9

Article 2, paragraph 1, point a

Thursday, 6 July 2006

AMENDMENTS
BY PARLIAMENT

(a) strengthening democratic institutions and the rule of law,

(a) strengthening democratic institutions and the rule of law
and its enforcement, and promoting accountability and
transparency,

(c) economic reform,

Amendment 10

Article 2, paragraph 1, point c

(c) market-oriented economic reform to build a sustainable
social, environmentally-friendly and competitive economy,
by progressive price and trade liberalisation, gradual inte-
gration into the
customs union, accession to the
World Trade Organization (WTO) and the implementa-
tion of WTO rules and those resulting from the Doha
Development Agenda,

Amendment 11

Article 2, paragraph 1, point ca (new)

(ca) preparation of EU-compatible provisional National
Development Plans aimed at building institutional
absorption capacity for future EU assistance, especially
in the areas of rural, infrastructure and human resources
development,

Amendment 12

Article 2, paragraph 1, point da (new)

(da) the promotion of gender equality,

Amendment 14

Article 2, paragraph 1, point e

(e) the development of civil society,

(e) the development of civil society, citizenship and free, inde-
pendent media, including institutional development and
support for non-governmental organisations,

Amendment 15

Article 2, paragraph 1, point ea (new)

(ea) the

economic and social
groups, particularly women,

integration of vulnerable

Amendment 16

Article 2, paragraph 1, point f

(f) reconciliation, confidence building measures and recon-

(f) reconciliation,

return of

refugees, confidence building

struction,

measures and reconstruction,

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AMENDMENTS
BY PARLIAMENT

Amendment 13

Article 2, paragraph 2, point b

(b) social and economic development,

(b) social,

economic

and

territorial

development

and

cohesion.

Amendment 17

Article 3, paragraph 3

Acting in accordance with the procedure set down in
3.
Article 11 (1)
(a) of this Regulation, the Commission shall
adopt rules for the implementation of this Regulation. Where
these rules concern the implementation of Article 7 to 9 of
this Regulation, the Committees responsible for the Compo-
nent in question shall be consulted first, following the proce-
dure set down in Article 3 of Decision 1999/468/EC,
in
compliance with Article 7 (3) thereof.

Acting in accordance with the procedure set down in
3.
Article 11 (1)
(a) of this Regulation, the Commission shall
adopt rules for the implementation of this Regulation. Where
these rules concern the implementation of Article 7 to 9 of
this Regulation, the Committees responsible for the Compo-
nent in question shall be consulted first, following the proce-
dure set down in Article 3 of Decision 1999/468/EC,
in
compliance with Article 7 (3)
thereof. The implementing
instruments shall be presented to the European Parliament
for its opinion before their adoption.

Amendment 18

Article 4, paragraph 1

as

the

European Partnerships

1.
The Commission shall, on the basis of a strategic
approach, taking into consideration the financial perspective,
as well
and Accession
Partnerships, establish an indicative multi-annual framework
with an allocation of funds by component and country, and
where appropriate per theme. This shall be reviewed annually,
taking into account a set of objective criteria including absorp-
tion capacity, needs assessment, respect of conditionalities, and
capacity of management.
It shall also be reviewed, where
appropriate, in view exceptional assistance measures or interim
response programmes adopted under the Regulation estab-
lishing the Stability Instrument. The funds allocated to cross-
border co-operation programmes with Member States shall be
at least equivalent to the corresponding financing from the
European Regional Development Fund.

as

the

European Partnerships

1.
The Commission, having regard to the recommendation
of the European Parliament, shall, on the basis of a strategic
approach, taking into consideration the financial perspective,
as well
and Accession
Partnerships, establish an indicative multi-annual framework
with an allocation of funds by component and country, and
where appropriate per theme. This shall be reviewed annually
having regard to the recommendation of the European Parlia-
ment, taking into account a set of objective criteria including
absorption capacity, needs assessment, respect of conditional-
ities, and capacity of management. It shall also be reviewed by
in view exceptional
a similar procedure, where appropriate,
assistance measures or interim response programmes adopted
under the Regulation establishing the Stability Instrument. The
funds allocated to cross-border co-operation programmes with
Member States shall be at least equivalent to the corresponding
financing from the European Regional Development Fund.

Amendment 19

Article 4, paragraph 2

2.
The indicative multi-annual framework shall be commu-
nicated annually by the Commission to the Council and the
European Parliament.

2.
The indicative multi-annual framework shall be commu-
nicated in due time annually by the Commission to the
Council and the European Parliament. In its annual report, the
Commission shall set out in detail the extent to which the
European Parliament's recommendations have been taken
into consideration. Should it deviate from the recommenda-
tions of the European Parliament, the Commission shall give
its reasons for doing so.

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Amendment 20

Article 4, paragraph 2a (new)

Thursday, 6 July 2006

AMENDMENTS
BY PARLIAMENT

2a.
The procedure provided for under paragraphs 1 and 2
shall be without prejudice to the European Parliament's
prerogatives as budgetary authority under the Treaty.

Amendment 21

Article 6, paragraph 2

2.
Such cooperation shall have the objective of fostering
stability, security and prosperity in the mutual interest of all
countries concerned, and of encouraging their harmonious,
balanced and sustainable development.

2.
Such cooperation shall have the objective of promoting
good neighbourly relations, fostering stability, security, pros-
perity and social cohesion in the mutual interest of all coun-
tries
encouraging their harmonious,
balanced and sustainable development.

concerned,

and of

Amendment 22

Article 10, paragraph 2a (new)

2a.
In exceptional cases, where, in absence of agreement
between a Member State and a beneficiary country, imple-
mentation tasks of a cross-border programme cannot be dele-
gated to Member States, those tasks may be administered in
some other appropriate way in accordance with Regulation
(EC, Euratom) No 1605/2002. The Commission shall ensure
coordination and consistency between assistance provided by
this Regulation and assistance provided by other Community
instruments.

Amendment 23

Article 10, paragraph 5a (new)

Before their

implementation,

the Commission shall
5a.
inform the European Parliament about the Community's aid
programmes under this Regulation. In order for this ex-ante
control
the Commission's reports shall
include all information concerning the actions proposed, the
beneficiaries thereof and the respective financing operations.

to be carried out,

Amendment 24

Article 11, paragraph 3a (new)

The Commission shall

3a.
Parliament on the proceedings of the Committees.

report

to

the European

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AMENDMENTS
BY PARLIAMENT

Amendment 25

Article 12, paragraph 1

Assistance under this Regulation may,

1.
inter alia, finance
investments, procurement contracts, grants, including interest
rate subsidies, special loans, loan guarantees and financial assis-
tance, budgetary support, and other
forms of
budgetary aid, and the contribution to the capital of interna-
tional financial institutions or the regional development banks.
Budgetary support is contingent on the administration of
public finances of the Partner Country being sufficiently
transparent,
reliable and efficient, and on well-defined
sectorial or macroeconomic policies approved by international
financing institutions having been put in place.

specific

Assistance under this Regulation may,

1.
inter alia, finance
investments, procurement contracts, grants, including interest
rate subsidies, special loans, loan guarantees and financial assis-
tance, and the contribution to the capital of
international
financial institutions or the regional development banks.

Amendment 26

Article 14, title

Implementation of Assistance

Implementation of Assistance and its Visibility

Amendment 27

Article 14, paragraph 2a (new)

2a.
The Commission shall promote detailed information
and publicity about the projects and programmes financed in
order to raise public awareness about the Community action
and its objectives.

Amendment 28

Article 14, paragraph 2b (new)

2b.
The Commission shall ensure consistency between
assistance provided under this Regulation and assistance
provided under
instruments
external
including a separate instrument devoted to the promotion of
human rights and democracy, as well as Member States'
bilateral operations and funding from the EIB, other interna-
tional organisations and regional development banks.

assistance

other

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Amendment 29

Article 17, paragraph 2

Thursday, 6 July 2006

AMENDMENTS
BY PARLIAMENT

2. Where a beneficiary country fails to respect these princi-
ples or the commitments contained in the relevant Partnership
with the European Union or progress toward fulfilment of the
accession criteria is insufficient, the Council, acting by qualified
majority on a proposal from the Commission, may take appro-
priate steps with regard to any assistance granted under this
Regulation.

2. Where a beneficiary country fails to respect these princi-
ples or the commitments contained in the relevant Partnership
with or Accession Treaty to the European Union or progress
toward fulfilment of the accession criteria is insufficient, the
Council, acting by a qualified majority on a proposal from the
Commission and after consulting the European Parliament,
may take appropriate steps with regard to any assistance
granted under this Regulation. In that case, the Commission
shall
this Regulation,
specific action aimed at resolving the problems hindering the
pre-accession or accession process.

initiate, within the framework of

Amendment 30

Article 17, paragraph 2a (new)

The European Parliament may request the Commission
2a.
to submit a proposal to the Council pursuant to paragraph 2
on taking appropriate steps with regard to any assistance
granted under this Regulation. The Commission shall submit
its proposal to the Council within 3 months of receiving the
request, or shall give its reasons for not doing so.

Amendment 31

Article 18

If a beneficiary country listed in Annex I of this Regulation is,
pursuant to a decision of the Council acting under Art. 49,
paragraph 1, first sentence of the Treaty on European Union,
granted Candidate status,
the Council, acting by qualified
majority on the basis of a proposal from the Commission will
transfer that country from Annex I to Annex II.

1.
If a beneficiary country listed in Annex I of this regu-
lation is, pursuant to a decision of the Council acting under
Article 49, paragraph 1, first sentence of the Treaty on Euro-
pean Union, granted Candidate status, the Council, acting by a
qualified majority on the basis of a proposal from the Commis-
sion, and after consulting the European Parliament, will
transfer that country from Annex I to Annex II.

Amendment 32

Article 18, paragraph 1a (new)

1a.
If the European Council recognises a State as a poten-
tial candidate for membership of the European Union, the
Council, acting by a qualified majority on the basis of a
proposal from the Commission, and after consulting the
European Parliament, shall include that country in Annex I.

Amendment 33

Article 20a (new)

Article 20a

1.
Not later than 30 June 2010, the Commission shall
submit to the European Parliament and the Council a report
on the implementation of this Regulation together with a
legislative proposal introducing the necessary modifications.

2.
The European Parliament and the Council, acting
on a proposal by the Commission, shall re-examine this
Regulation by 31 December 2013.