European Parliament legislative resolution on the draft Council Regulation establishing a financing instrument for cooperation with industrialised and other high-income countries and territories (11877/2006 - C6-0265/2006 - 2006/0807(CNS))
Date: 2006-12-12
Institutions: Committee on Development, European Parliament
Subjects: EU financing, action programme, cooperation policy, industrialised country

23.12.2006

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Official Journal of the European Union

C 317 E/205

TEXT PROPOSED
BY THE COMMISSION

Tuesday, 12 December 2006

AMENDMENTS
BY PARLIAMENT

Amendment 26

Recommendation to the Commission, point 3 a (new)

(3a) Support through the Cohesion and Structural Funds
actions covering injury prevention and better and safer
infrastructure;

Amendment 27

Recommendation to the Commission, point 4

(4) Support the development of good practice and policy
actions in relation to the seven identified priority areas
using the resources provided for in the Community Public
Health Programme and successor programmes
the
general framework for financing Community actions in
support
Framework
policy
consumer
Programme for Research;

and

the

of

(4) Develop good practice and policy actions in relation to the
eight identified priority areas; to ensure that all future
programmes on the prevention of injury and the promo-
tion of safety take into account health inequalities,
bearing in mind that lack of access to social support,
poor community cohesion and social exclusion reduce
people's capacity to withstand social conflict without
resorting to violence, including self-harm;

Amendment 28

Recommendation to the Commission, point 5

(5) Carry out an evaluation report four years after the adop-
tion of this Recommendation to determine whether the
measures proposed are working effectively and to assess
the need for further actions.

(5) Carry out an evaluation report four years after the adop-
tion of this Recommendation to determine whether the
measures proposed are working effectively, to assess the
need for further actions and to conduct a gender impact
assessment of existing and future measures and actions.

P6_TA(2006)0550

A financing
high-income countries and territories *

instrument

for

cooperation with industrialised and other

European Parliament legislative resolution on the draft Council Regulation establishing a financing
instrument for cooperation with industrialised and other high-income countries and territories
(11877/2006 — C6-0265/2006 — 2006/0807(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the draft Council Regulation (11877/2006) (1),

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

(C6-0265/2006),

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

— having regard to the report of the Committee on International Trade (A6-0430/2006);

(1) Not yet published in OJ.

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Official Journal of the European Union

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Tuesday, 12 December 2006

1. Approves the Council draft 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
OF THE COUNCIL

AMENDMENTS
BY PARLIAMENT

Amendment 1

Recital 3

(3) The European Union and industrialised and other high
income countries and territories have agreed to strengthen
their relationship and to cooperate across the areas in which
they have shared interests through a variety of bilateral instru-
ments such as agreements, declarations, action plans and other
similar documents.

(3) The European Union and industrialised and other high
income countries and territories have agreed to strengthen
their relationship and to cooperate across the areas in which
they have shared interests through a variety of bilateral and
such as agreements, declarations,
multilateral
action plans and other similar documents.

instruments

Amendment 2

Recital 4

(4)
In accordance with the principles laid down in these
instruments, the Community implements a cooperation policy
aimed at creating an environment conducive to pursuing and
developing its relations with those countries and territories.
Cooperation activities help to create conditions likely to
strengthen the European presence and visibility in these coun-
tries and encourage economic, commercial, academic, cultural
and other exchanges and interaction between a diversified
range of actors on each side.

(4)
In accordance with the principles laid down in these
instruments, the Community implements a cooperation policy
aimed at creating an environment conducive to pursuing and
developing its relations with those countries and territories.
Cooperation activities should help to strengthen the European
presence and visibility in these countries and encourage
economic, commercial, academic, cultural and other exchanges,
dialogues and interaction between the appropriate actors in
the relevant sectors.

Amendment 3

Recital 4 a (new)

(4a) The Community's cooperation should contribute to the
general objective of developing and consolidating democracy
and the rule of law, and to the objective of respecting human
rights and fundamental freedoms.

Amendment 4

Recital 5 a (new)

(5a)
In order to achieve the objectives of this Regulation a
differentiated approach should be pursued depending on
economic, social and political contexts, pursuing cooperation
with partner countries or regions with specific, tailor-made
programmes, based on their specific situation as well as on
the Community's specific interests, strategies and priorities.

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Official Journal of the European Union

C 317 E/207

TEXT
OF THE COUNCIL

Amendment 5

Recital 6 a (new)

Tuesday, 12 December 2006

AMENDMENTS
BY PARLIAMENT

(6a)
In implementing the Community's cooperation policy,
greater complementarity and better harmonisation, alignment
and coordination of procedures, both between the Community
and its Member States and in relations with other actors, are
essential to ensuring the consistency and effectiveness of
cooperation.

Amendment 6

Article 1, paragraph 1

1.
Community assistance shall support economic, financial
and technical cooperation and other forms of cooperation
falling within its sphere of competence, with industrialised and
other high-income countries and territories.

1.
Community financing shall support economic, financial
and technical cooperation and other forms of cooperation
falling within its sphere of competence, with the industrialised
and other high-income countries and territories listed in the
Annex.

Amendment 7

Article 1, paragraph 2

2.
The main aim of cooperation with these countries and
territories shall be to provide a specific response to the need to
strengthen links and to engage further with them on a bilateral,
regional or multilateral basis. The cooperation activities will
contribute to the creation of a more favourable environment
for the development of the relations of the Community with
these countries and territories and promote dialogue and
Community's strategic interests there.

countries

Community cooperation with partner

2.
is
pursued in accordance with Title XXI of the Treaty. The
primary objective of such cooperation with these countries
and territories shall be to provide a specific response to the
need to strengthen links and to engage further with them in
the areas listed in Article 4 on a bilateral, regional or multilat-
eral basis in order to create a more favourable and transparent
the
environment
Community with these countries and territories and promote
effective dialogue while fostering the Community's interests.

the development of

the relations of

for

Amendment 8

Article 2, paragraph 2

For the purpose of this Regulation,

2.
industrialised and
other high income countries and territories shall comprise
countries and territories listed in Annex I and are hereinafter
referred to as ‘partner countries’. However,
in duly justified
circumstances and in order to foster regional cooperation, the
Commission may decide when adopting action programmes
referred to in article 6 that countries not listed in Annex I are
eligible, where the project or programme to be implemented is
of regional or cross border nature. Provisions may be made for
this in the multi-annual cooperation programmes referred to in
Article 5. The Commission shall amend this List in accord-
ance with regular OECD/DAC reviews of its List of developing
countries and inform the Council thereof.

For the purpose of this Regulation,

2.
industrialised and
other high income countries and territories shall comprise
countries and territories listed in the Annex and are hereinafter
referred to as ‘partner countries’. However,
in duly justified
circumstances and in order to foster regional cooperation, the
Commission, with the prior approval of
the European
Parliament, may decide when adopting action programmes
referred to in article 6 that countries not listed in the Annex are
eligible, where the project or programme to be implemented is
of regional or cross border nature. Provisions may be made
for this in the multi-annual cooperation programmes referred
to in Article 5. Any amendment to the list in the Annex
resulting from the regular OECD/DAC reviews of its List of
developing countries shall be notified by the Commission
to the European Parliament and the Council before the
Commission adopts the required modifications.

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Official Journal of the European Union

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Tuesday, 12 December 2006

TEXT
OF THE COUNCIL

AMENDMENTS
BY PARLIAMENT

Amendment 9

Article 3, paragraph 1 a (new)

(1a)
The Community is founded on the values of democ-
racy, the rule of law, good governance, respect for human
rights, sustainable development and fundamental freedoms
and seeks to develop and consolidate a commitment to these
values in partner countries and regions through dialogue and
cooperation.

Amendment 10

Article 3, paragraph 1

1. Measures financed under this Regulation shall cover areas
of cooperation set out notably in the instruments, agreements,
declarations
and action plans, between the Community
and the partner countries as well as areas pertaining to the
Community's strategic interests.

1. Measures financed under this Regulation shall be consis-
tent with the cooperation objectives set out in the instruments,
agreements,
between
and
the Community and the partner countries and with the
Community's own interests.

declarations

action

plans,

Amendment 11

Article 3, paragraph 2

2. When implementing measures under this Regulation,
the Commission shall ensure that the cooperation projects
are legally and substantially coherent with other
relevant
Community policies.

2.
For all measures financed under, and all areas of coop-
eration covered by, this Regulation, the Community shall
ensure that cooperation is legally and substantially coherent
with the different areas of external action and other relevant
Community policies. Such coherence shall be ensured in
formulating policy, strategic planning and the programming
and implementation of measures.

Amendment 12

Article 3, paragraph 2 a (new)

2a.
In the implementation of this Regulation it is neces-
sary to pursue a differentiated approach depending on
economic, social and political contexts, pursuing cooperation
with partner countries or regions with specific, tailor-made
programmes, based on their specific situation as well as on
the Community's specific interests, strategies and priorities.

Amendment 13

Article 3, paragraph 2 b (new)

The Community and the Member States shall improve
2b.
coordination
policies,
complementarity
programmes and implementation of measures with partner
countries and regions.

their

and

of

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Official Journal of the European Union

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TEXT
OF THE COUNCIL

Amendment 14

Article 4, introductory part

Tuesday, 12 December 2006

AMENDMENTS
BY PARLIAMENT

shall

Community assistance
support cooperation actions
consistent with Article 1 and shall be consistent with the
overall purpose, scope, objectives and general principles of this
Regulation. Specific attention shall be paid to actions in the
following areas of cooperation:

support

Community financing shall
cooperation actions
consistent with Article 1 and shall be consistent with the
overall purpose, scope, objectives and general principles of this
Regulation. Community financing shall cover the following
types of activities:

Amendment 15

Article 4, point 1

(1) the promotion of cooperation, partnerships and joint
undertakings between economic, academic and scientific
actors in the Community and other partner countries;

(1) the promotion of cooperation, partnerships and joint
undertakings between economic, academic and scientific
actors, including small and medium-sized enterprises, in
the Community and other partner countries;

Amendment 16

Article 4, point 3

(3) the promotion of dialogues between political, economic
and social actors and other non-governmental organisa-
tions in relevant sectors in the Community and partner
countries;

(3) the promotion of dialogues between political, economic
and social actors including small and medium-sized enter-
prises and other non-governmental organisations in rele-
vant sectors in the Community and partner countries;

Amendment 17

Article 5, paragraph 1

1.
Actions to promote cooperation under this Regulation
shall be carried out in the framework of multi-annual coopera-
tion programmes covering cooperation in appropriate areas of
activity with all or with a selection of the partner countries.
The Commission shall draw-up the multi-annual cooperation
programmes and specify their scope.

1.
All actions to promote cooperation under this Regulation
shall be carried out in the framework of multi-annual coopera-
tion programmes covering cooperation in the appropriate
areas of activity referred to in Article 4 with all or with a
selection of
the partner countries. The Commission, after
consulting the European Parliament, shall draw-up the multi-
annual cooperation programmes and specify their scope.

Amendment 18

Article 5, paragraph 2

2.
Cooperation programmes shall cover no more than the
period of validity of this regulation. They shall set out the
Community's strategic interests and priorities, general objec-
tives and expected results. They shall set out also the areas
selected for financing by the Community and outline the indi-
cative financial allocation of funds, overall, per priority area
and per partner country or group of partner countries for the
period concerned. This may be given in the form of a range,
where appropriate. Cooperation programmes shall be reviewed
at mid-term, or ad hoc if necessary.

2. Multi-annual cooperation programmes shall cover no
more than the period of validity of this regulation. They shall
set out
the Community's strategic interests and priorities,
general objectives and results to be achieved. They shall set out
also the areas selected for financing by the Community and
outline the indicative financial allocation of funds, overall, per
priority area and per partner country or group of partner
countries for the period concerned. This may be given in the
form of a range, where appropriate. Multi-annual cooperation
programmes shall be reviewed at mid-term, at the request of
the European Parliament or ad hoc if necessary.

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Tuesday, 12 December 2006

TEXT
OF THE COUNCIL

AMENDMENTS
BY PARLIAMENT

Amendment 19

Article 5, paragraph 3

3.
Cooperation programmes and any reviews thereof shall
be adopted by the Commission in accordance with the
management procedure set out in Article 14(2).

3. Multi-annual cooperation programmes and any reviews
thereof shall be adopted by the Commission in accordance
with the management procedure set out in Article 14(2).

Amendment 20

Article 6, paragraph 3

The

shall be

action programmes

adopted by the
3.
Commission in accordance with the management procedure
set out in Article 14(2). This procedure needs not be used for
amendments to action programmes, such as those making
technical adjustments, extending the implementation period,
reassigning funds between the planned operations within the
forecast budget, or increasing or reducing the size of
the
budget by less than 20 % of the initial budget, provided these
amendments are consistent with the initial objectives set out in
the action programmes.

The annual action programmes shall be adopted by the
3.
Commission in accordance with the management procedure
set out in Article 14(2). This procedure needs not be used for
amendments to action programmes, such as those making
technical adjustments, extending the implementation period,
reassigning funds between the planned operations within the
forecast budget, or increasing or reducing the size of
the
budget by less than 20 % of the initial budget, provided these
amendments are consistent with the initial objectives set out in
the action programmes.

Amendment 21

Article 7, point 2

(2) Partner countries and their institutions and decentralised

(2) Partner countries and regions and their institutions and

bodies;

decentralised bodies;

Amendment 22

Article 9, paragraph 3

The Commission shall adopt

3.
covered by the multi-annual programmes and shall
Member States thereof.

support measures not
inform

The Commission shall adopt

3.
support measures not
covered by the multi-annual programmes and shall inform the
Member States and the European Parliament thereof.

Amendment 23

Article 10, paragraph 1, point a

(a) Member States, and in particular their public and parastatal

(a) Member States and their regional and local authorities,

agencies;

and in particular their public and parastatal agencies;

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Official Journal of the European Union

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TEXT
OF THE COUNCIL

Tuesday, 12 December 2006

AMENDMENTS
BY PARLIAMENT

Amendment 24

Article 11 a (new)

Article 11a

Protecting the Community's financial interests

Any agreements

resulting from this Regulation
(1)
shall contain provisions ensuring the protection of
the
Community's financial interests, in particular with respect to
irregularities, fraud, corruption and any other illegal activity,
(EC, Euratom)
in accordance with Council Regulations
No 2988/95 of 18 December 1995 on the protection of
the European Communities
and
(Euratom, EC) No 2185/96 of 11 November 1996 concerning
on-the-spot
carried out by the
Commission in order to protect the European Communities'
financial interests against fraud and other irregularities (2),
and Regulation (EC) No 1073/1999 of
the European
Parliament and of the Council of 25 May 1999 concerning
investigations conducted by the European Anti-Fraud Office
(OLAF) (3).

checks and inspections

interests (1)

financial

(2)
Agreements shall expressly entitle the Commission and
the Court of Auditors to perform audits, including document
audits or on the spot audits of any contractor or subcon-
tractor who has received Community funds. They shall also
expressly authorise the Commission to carry out on-the-spot
checks and inspections as provided for
in Regulation
(Euratom, EC) No 2185/96.

All contracts resulting from the implementation of
(3)
assistance shall ensure the rights of the Commission and the
Court of Auditors under paragraph 2 during and after the
performance of the contracts.

(1) OJ L 312, 23.12.1995, p. 1.
(2) OJ L 292, 15.11.1996, p. 2.
(3) OJ L 136, 31.5.1999, p. 1.

Amendment 25

Article 12, paragraph 1

The Commission shall regularly evaluate the actions and
1.
programmes financed under this Regulation in order to ascer-
tain whether the objectives have been met and enable it to
formulate recommendations with a view to improving future
operations.

The Commission shall regularly evaluate the actions and
1.
programmes financed under this Regulation in order to ascer-
tain whether the degree of achievement of the objectives
originally set out,
the cost-effectiveness of the measures
financed by the Community and their impact have been satis-
formulate
factory. On this basis,
recommendations with a view to improving future operations.

the Commission shall

Amendment 26

Article 12, paragraph 1a (new)

1a.
The evaluation reports shall be carried out by means
of independent external evaluations where appropriate or at
the request of the European Parliament or the Council.

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Tuesday, 12 December 2006

TEXT
OF THE COUNCIL

AMENDMENTS
BY PARLIAMENT

Amendment 27

Article 12, paragraph 2a (new)

The Commission shall associate all relevant stake-
2a.
holders,
evaluation
phase of the Community cooperation provided for under this
Regulation.

including non-State actors,

in the

Amendment 28

Article 12, paragraph 2b (new)

A limited proportion of

2b.
be used to finance
and programmes undertaken in the framework of
Regulation.

the annual budget shall
the actions
this

evaluation studies of

Amendment 29

Article 13

The Commission shall examine the progress made on imple-
menting the measures taken under this Regulation and shall
submit every two years to the European Parliament and the
Council a report on the implementation of this Regulation.
The report shall set out the results of implementation of the
budget and present the actions and programmes financed.

The Commission shall examine the progress made on imple-
menting the measures taken under this Regulation and shall
submit every two years to the European Parliament and the
Council a detailed report on the implementation of
this
Regulation. The report shall set out the results of implementa-
tion of the budget and present all the actions and programmes
financed and, as far as possible, set out the main outcomes
and impacts of the cooperation actions and programmes.

Amendment 30

Article 14, paragraph 4

4.
The Commission shall regularly inform the European
Parliament of the Committee proceedings and provide the rele-
vant documents
and
summary records of the meetings.

agenda, draft measures

including

4.
The Commission shall regularly inform the European
Parliament of the Committee proceedings and provide the rele-
vant documents including agenda, draft measures and detailed
summary records of the meetings.

Amendment 31

Article 15

The amount of Community funding deemed necessary for the
implementation of the actions identified in this Regulation will
be established by the budget authority on an annual basis
within the limits of the financial perspectives.

The financial reference amount for the implementation of
this Regulation for the period from 2007 to 2013 shall be
172 million euro. The annual amount of Community funding
deemed necessary for the implementation of the actions identi-
fied in this Regulation will be established by the budget
authority on an annual basis within the limits of the financial
framework.

Amendment 32

Article 15 a (new)

Article 15a

Review

By 31 December 2010, the Commission shall submit to the
European Parliament and the Council a report evaluating the
implementation of this Regulation in the first three years
with, if appropriate, a legislative proposal introducing the
necessary modifications.