Source: EURLEX
Language: en
Format: md

###### **COMMISSION OF THE EUROPEAN COMMUNITIES**

```
                           C0M(91) 364 final

                           Brussels, 9 October 1991

                Amended proposal for a

```

`COUNCIL REGULATION` _(EEC)_

```
          ON FINANCIAL AND TECHNICAL ASSISTANCE TO

         AND ECONOMIC COOPERATION WITH THE DEVELOPING

            COUNTRIES IN ASIA AND LATIN AMERICA

       (presented by the Commission pursuant to Article 149(3)
                 of the EEC-Treaty)

```

**•** **1** **-**

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                EXPLANATORY MEMORANDUM

1. In April 1991, the Commission sent the Council a proposal for a
Regulation on cooperation with developing countries in Latin America and
Asia. The text went to great lengths to accommodate the Council guidelines
and the concerns repeatedly voiced by the European Parliament.

```

```
From the outset these concerns have been incorporated, using concise
language, into the Commission proposal.

2. The European Parliament delivered its opinion on 9 September 1991.

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ega

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Consideration of the amendments contained in it reveals that, while the
European Parliament agrees with the guidelines put forward by the
Commission and approved by the Council on 19 December 1990, it would like
them to be more detailed. Therefore, in line with its normal practice, the
Commission thought it appropriate to amend a number of articles, using the
Parliament's wording, which in addition reflect the tenor of the Council's

act iv i t ies.

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3. The amendments accepted by the
amended proposal can be seen as
proposal. They are as follows:
- Fourth Reci tal;

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Commission and introduced into the

enhancing the Commission's initial

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```
Art

Art

Art

Art

Art

Art

Art

Art

Art

Art

Art

Art

Art

Art

Art

Art

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cle 1, first paragraph and end of second paragraph;
cle 2, second paragraph;
cle 2a (new);
cle 3, first paragraph;
cle 4, first paragraph a and third paragraph;
cle 4a, part of first paragraph and second paragraph;
cle 4b;

cle 4c;

cle 4d;

cle 4e;
cle 4f, first subparagraph;

cle 4g;
cle 4h, first paragraph;

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second and third

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```
first subparagraph;

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  Art cle 4h, first paragraph;
  Art cle 5, fifth indent a and b;

  Art cle 6, first paragraph;
  Art cle 7, first paragraph, second subparagraph; second and
  paragraphs; fourth subparagraph;
- Art icle 8;

- Article 12(1);

- Article 13, part of first subparagraph, and third subparagraph.

```

```
The following amendments were not adopted:
- Recital 5a;

- Article 1, second paragraph;
- Article 3, second paragraph a;
- Article 4, first and second paragraph;
- Article 4a, third subparagraph;
- Article 6, third subparagraph;
- Article 7, first paragraph, subparagraphs 1, 3 and 4;
- Article 12(2), second and fourth subparagraphs;
- Article 13, second paragraph.

```

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            ```

_**1**_ **`&v*`** **`-`**

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This was either because they cause real problems in administering the
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**`implementation`** **`of the projects, refer to procedures which`** `are too narrow` _or_
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specific, fail outside the scope of the Regulation or because Community
discussion on the subject is not sufficiently advanced.

4. Therefore, the Commission will present the amended proposal, replacing
proposal COM/91/104 to the Council, with a view to its being adopted as
swif11y as possible.

```

```
                 #### **A Un -**

                     Amended proposal for a

                     COUNCIL REGULATION (EEC)

                ON FINANCIAL AND TECHNICAL ASSISTANCE TO

               AND ECONOMIC COOPERATION WITH THE DEVELOPING

                  COUNTRIES IN ASIA AND LATIN AMERICA

 THE COUNCIL OF THE EUROPEAN COMMUNITIES,

 Having regard to the Treaty establishing the
 European Economic Community, and in particular
 Article 235 thereof,

 Having regard to the proposals from the
 Commission,

 Having regard to the opinion of the European
 Par Iiament,

Whereas, since 1976, the Community has been
 pursuing a policy of financial and technical
 cooperation with the developing countries in
Asia and Latin America and has, in more recent
 times, also embarked on economic cooperation
with those countries; whereas these forms of
 cooperation are part of an overall policy of
 cooperation with the developing countries as a
whoie which includes expansion of their trade by
 integration into the multilateral trade system,
by appropriate measures to be taken within the
 relevant international organizations and by
specific measures such as the Community system
of generalized preferences;

Whereas the current process of European
construction and the growing influence of the
Community worldwide justify the continuation of
mutually advantageous economic cooperation with,
and Community development aid to, the developing
countries in Asia and Latin America, the
extension of such policies to other countries or
economic sectors, increased financing for such
policies and efforts to ensure that they are
better adapted to national and local needs
within each region;

Whereas the European Council has on a number of
occasions confirmed the Community's political
will to reinforce its cooperation with regions
of the world where the level of development is

still insufficient and to do so via an

increased, coordinated and multi-faceted effort
on the part of the Community and its
Member States;

```

C o m m i s s i o n t e x t

F o u r t h r e c i t a l

```
Whereas the European Parliament has examined the

matter in detail on a number of occasions and

has called for such reinforced cooperation and
for a revision of present legislation in order
to ensure greater efficiency and increased

transparency;

                      Recital 5b (new)

```

```
       Ame ndme nt s

Whereas the European Parliament has
examined the matter in detail on a

number of occasions and has called

for such reinforced cooperation and
for a r e v i s i o n of present
legislation in order to ensure
.greater efficiency and increased
transparency and has called for the
implementation of a genuine
cooperation strategy based on
multiannual programmes meeting the
specific needs of these two regions
of the world, providing a range of
measures suited to the different

situations of the groupings of
countries in these continents and

endowed with adeguate financial

resources;

```

```
Whereas there is a need to ensure

that the budgetary authority is

informed as to coordination between

the projects' planning and their
financial implications and as to the
transparency of co-financing with
Mpmhpr States or other donors;

```

```
Whereas the Council has adopted conclusions
supporting the Commission's suggested long-term
guidelines for such cooperation with regard to
the priorities and sectors for consideration and
the desirability of increasing the resources to
be allocated to them and of enabling indicative
medium-term programming for those resources to
be undertaken;

```

```
                          - 3

      Commi ssion text Amendme nt

Whereas both the Council and European
Parliament, while confirming traditional fields
of action, have identified new priorities
relating, in particular, to the environment, the
human dimension of development and the need for
economic cooperation to take place in the mutual
interest of the Community and its partner

countr ses;

Whereas the rules governing the administration
of financial and technical assistance to, and
economic cooperation with, the Asian and
Latin American developing countries should be
established;

Whereas it is therefore necessary to repeal
Council Regulation (EEC) No 442/81 of 17
February 1981 on financial and technical aid to
non-associated developing countries, [1] and to
replace it with this Regulation;

Whereas the Treaty does not provide specific
powers of action for the adoption of this
Regulation other than those contained in Article

235,

HAS ADOPTED THIS REGULATION:

                         Article 1

```

```
The Community shall continue and broaden
Community cooperation with ths developing
countrÊ?s in Asia and Latin America, not being
signatories to the Lomé Convention and not
benefiting from the Community's policy of
cooperation with the Mediterranean region,
hereinafter referred to as "ALA developing
countries". This cooperation shall involve
financial and technical development assistance
and economic cooperation. In this connection
the Community attaches the utmost importance to
promoting human rights, freedom of trade and of
cultural exchanges and environmental protection,
by means of an increasing dialogue on political,
economic and social issues within a perspective

of mutuaI interest.

      1 OJ No L 48, 21.2.1981, p. 8.

```

```
 The Community shall continue and
 broaden Community cooperation witn
 the developing countries in As i i aro
 La tan America, not being signa lor :e S
```

`to the` `Lomé` `Convention` _and_ `:so.`

`benef` `i t ing f rom` `the` `Commun 1` _':_ `y ' s`
```
 policy of cooperation with ^^e
Mediterranean region. hereirinf : r r
 referred to as 'ALA developing
countries'. This cooperation shall
 involve financial and technical

development assislance and economic
cooperation. In this connection Iho
Community attached the utmost

importance to prompti n g a nd
defending hu-nan rights, including
the cultural and ethnic dimensions

thereof, supporting democratic
processes - particularly as re gards
eguaj. t.reatment for_ wo mon _-• and ]o

freedom of trade and of cultural

exchanges and of environmental
protection, by means of an increase
in dialogue on political, economic
and social issuer, within t ho
perspective of promet in»; mutual,

```

`s u s t a` `i_n_ab` `1` `_` `e__` `ci` _<__ `> y e 1 o p n i <` `'` `n t` `.`

```
                     - 4 
Commission text Amendments

            Article 1, first paragraph b (new)

                            However, in cases of activities the

                            direct beneficiaries of which are

                            sectors of the population faced with
                            major problems of development, the
                            only condition to which aid shall be
                            made subject shall be a guarantee
                            that it is channelled effectively
                            and without interference to those

                            groups for whom it is intended.

                    Article 2

```

```
All the ALA developing countries shall be
eligible for financial and technical assistance
and economic cooperation.

The recipients of aid and partners in
cooperation can include not only States and
regions but decentralized authorities, public
agencies, local or traditional communities,
private institutes and operators, including
cooperatives and non-governmental organizations.

```

```
 All the ALA developing countries
 shall be eligible for financial and
 technical assistance and economic

cooperation.

The recipients of aid and/or
partners in cooperation can include
not only States and regions but
decentralized authorities, public
° [ r] q. a_n_ i z a t i o n s, r e g i jm_£T_
organjza t i pns^ local or traditional
communities, private institutes and
operators, private economic
entities, including cooperatives
undertakings in the 'éconojnH^
sociale' sector, associations anH

foundations with a properlv_jjgfvn^
objective and non-governmental
organizations.

```

                                  - 5

Commission t e x t Amendment s

**Financial and Technical Assistance**

**Article 3**

```
 The principal aim of financial and technical
 assistance shall be to improve the living

 standards of the neediest sections of the

 population and to implement measures in areas

 where domestic resources are hard to mobilize

 but which are of strategic importance either for
 the development of the countries concerned or
 for the international community as a whole.

It shall be targeted primarily on the poorest
ALA developing countries.

                         Art icle 4

Financial and technical assistance shall give
priority to developing the rural sector and
improving the level of food security.

```

```
The principal aim of financial and
technical assistance shall be to

improve the living standards of the
neediest sections of the population
- especially women - by implementing
programmes and projects in all
sectors in which Community aid can
make a decisive contribution; in
p a r t i c u l a r measures may be
implemented in areas where economic

and human resources are hard to

mobilize but which are of strategic
i m p o r t a n c e e i t h e r for the
development of the countries
concerned or for the international

community as a whole.

```

```
                          - 6 
                                        Amendments
      Commissi on text

                 Article 4, first paragraph a (new)

                                  Financial and technical assistance

                                  may be channelled primarily and in
                                  duly justified cases to the ALA
                                  developing countries in which rural
                                  development and improvements to food
                                  security are hampered by inadequate
                                  general infrastructure.

                Article 4, second to fourth paragraphs

Furthermore, consideration shall be given In all Deleted

operations to protecting the environment and
natural resources, to the human dimension of

development, notably the role of women, to the
problems of population growth and to matters
concerning the relations between towns and the
countryside.

A significant proportion of the aid shall be set Deleted
aside for projects more specifically aimed at
environmental protection.

Aid may also take the form of action to fight Deleted
drugs, to improve living conditions in large
cities, and to contribute to the structural
dimension of development.

                  Article 4, third paragraph (new)

                                 Consideration shall be given to the
                                 problems in this sector faced by

                                 small country towns.

                      Art icle 4 a (new)

```

The CM i y i r _OJJ_ rn _e n_ t a _nd_ na t u jr a 1
r e s o u r c e s, _sha 1J___ cciistj tapt e _a new
p r i o r i t y of f i n a n c i a 1 _and t^chrncal
c o o p é r â t i o n .

```
                 - 7

C o m m i s s i o n text A m e n d m e n t s

                               A percentage of total resources

                               allocated to financial and technical

                               cooperation shall be reser/ed for

                               specific projects to protect the

                               environment. This reserve may b-
                               increased under the annual budget

                               procedure and shall be used to

                               finance programmes and projects

                               designed, inter alia, to;

                               - increase awareness, train staff

                                and technicians and make general

                                improvements to infrastructure in

                                the ALA developing countries,

                               - carry out feasibility studies and

                                pilot projects.

                Article 4b (new)

                              The human dimension of development

                              shall be taken into account in all

                              areas of intervention.

                              Among the most disadvantaged groups,

                              particular consideration shall be

                              given to women and programmes and

                              projects shall be adopted to develop

                              their role in boosting development,

                              especially in the rural sectors of

                              p r o d u c t i o n a n d g r a s s r o o t s

                              organizations. Such projects or

                              programmes must serve to increase

                              the active involvement of women on

                              terms of eguality, not only in the

                              processes of production but also in

                              social activities and decision
                              making.

                              Ail?..may. ho_ .ch^n/nd ] ed__tp t he various

                              i ndigenous ethnie grouns through

                              m e a s u r e s t o e n ç o u r a g e t h e

                              preservation of their culture and

                              social organization.

                              A i d m a y t a k e i n t o a c c o u n t

                              demographic problems and financial

                              and human resources may be allocated

                              to proposed measures which have the

                              support of grassroots communities.

                              This may include information on

```

`family planning,` `for` `instan ce` _x_ `a s`

`part` `of` `h` `e a` `11` `h` `informât i on` __qr_

```
                              educational activi t i es..

                             Commun!t y aid __may __he .. .y i "ant • >d for

                             improvement;; to living conditions in

                             bi_g_ei ties in the- loi m _of measures;

                             inyP-lyiH^i
```

                                        - t. he ... .t i aii.s f.e i of., s p e c i a 1 i zed
teehnj ca _1_ ski 1 l.l'î.J.-P-. f ^ Yt'. ..P. [1] °bJ ems
oj U2"j2ari__inXra.s^Xil [f] l.li^Ê-JJL._ [<] IÇ'Lirii>lLl
and those__of_ housing^. heal th ami
t ranRjjqrt: in...partijcul _^Jj_

the i mplementati on of pro-jert
the non-qovernmentai s e c t o r .

Amendments

The c u l t u r a l d i m e n s i o n of
development must be constantly borne
in mind in a l l a c t i v i t i e s and
programmes in which the Community is
involved.

The s t r u c t u r a l d i m e n s i o n of
development i s a p r i o r i t y which
financial and technical cooperation
shall take into account so as to
overcome the major financial and
technical barriers and the social
conseguences endured by many ALA
developing countries as a result of
s t r i n g e n t s t r u c t u r a l adjustment
policies.

Certain measures of a s t r u c t u r a l
character may be developed in an
entire sector, region of a country
or group of countries with the aim
of p r o m o t i n g s u s t a i n a b l e
deve lopment . In such c a s e s,
coordination may take place with
o t h e r i n t e r n a t i o n a l f i n a n c i a l
institutions and b i l a t e r a l donors.

Commission **t e x t**

**-** **8 -**

**Article 4 c (new)**

**Article 4 d (new)**

```
                      9 
                                   Amendment s
Commi ss i on text

                Article 4 e (new)

           (formerly Article 4, fifth paragraph)

```

```
Part of the aid may be used for rehabilitation
and reconstruction following disasters of all
kinds and for preventive measures.

```

A r t i c l e 4 f (new)

```
                      Article 4 g (new)

```

```
Part of the aid may be used for

rehabilitation and reconstruction

following disasters of all kinds and
for preventive measures.

```

Financial and t e c h n i c a l a s s i s t a n c e
mav be g r a n t e d t o ALA developing
c o u n t r i e s t o draw u P _._antijid XUS.
programmes which include preventive
m e a s u r e s o r c r o p - c o n v e r s i o n
p r o j e c t s .

```
(formerly Article 4, sixth paragraph)

  (plus additional final indent)

```

```
Regional cooperation among developing countries
shall be considered an important area for
financial and technical cooperation,
particularly in the following fields:

    cooperation on the environment;
    the development of intra-regionaI trade;
    the strengthening of regional
    inst itut ions;

```

```
 R e g i o n a 1 c o o p e r a t i o n a m o n g
 developi ng c o u n t r i e s shall b e
 considered an important area for
 financial and technical coopérât;, on,
```

`part JN?` `u` `1 arly` `in__i` `Jl.Ç__` `f` _9_ `1 lowi rig`
```
 fields:

 - coopérâtion on the environment:
ii_Lh^„.dj^y:elppmcnt of intra-regional
  trade;
```

 - t h e s t r e n g t h e n i n g of J'egioruû
i n s t it. u t i e n s ;
```
- support for integration and the
  establishment of joint jsoj^icjies
  and activities among developin g
  countries;
- communications, particuIarly as
```

`regar d s` `__` `standard` `s,` `n e tw or k` `£____` `a n` _d_
```
  s _§ r v .,i_c_e_s ., i n c 1 u_d_i _n_g_
```

`t.?` `l_eco` `m mu n i c at ions` _;_
r—l£g.g .gar cil and t r a i n i n
with developmentj_
- c o o p e r a t i o n in t h e

energy;

- c u l t u r a l _coopération.__

```
                       10

     Commission text

   support for integration and the
   establishment of Joint policies and
   activities among developing countries;
   communications, particularly as regards
   standards, networks and services,
   including telecommunications;
   research and training connected with

   development ;
   cooperation in the sphere of energy.

                      Article 4 h (new)

                      Article 5

Financial and technical assistance may be
extended to the relatively more advanced
countries of Asia and Latin America in specific
fields or in cases where Community action is
taken in response to disasters or implements new
operations or policies which are essential at
```

`regional` _or_ `international` `level in the following`

```
sectors:

    drugs;

    the environment and natural resources;
    the strengthening of institutions;
    pilot schemes to help particularly
   under-privileged sections of the
    populat ion;
    regional cooperation.

```

```
       Amendments

In order to improve efficiency in
all areas of intervention governed
by this regulation, coordination
shall be improved with bilateral aid

from Member States and other

international donors, whether states

or financial institutions.

```

CuH;ii2ilL_eIil.lDD±.LJll [c] La^lll^

P u b l i c h e a l t h

_**ni**_

```
Comroi s s i on text Ame ndments

                Economic Cooperation

                   Article 6

```

Economie cooperation s h a l l c o n t r i b u t e to the
development of the ALA developing countries by
helping them make the most of the prospects
opened up by the growth of i n t e r n a t i o n a l trade
and by the European single market, and by
enhancing the r o l e of European businessmen,
technology and know-how.

Economic cooperation s h a l l be aimed in
p a r t i c u l a r to supporting countries pursuing
macroeconomic and sectoral p o l i c i e s open to
trade and investment and conducive to technology
t r a n s f e r s, notably by ensuring the p r o t e c t i o n of
i n d u s t r i a l and i n t e l l e c t u a l property r i g h t s .

**Economic** **c o o p e r a t i o n** -hall
**contribute** **to** **the** **rust** ai ndiîï e
**development of** **the ALA developing**
**countries by helping** them **make** the
**most of their** economic, scientific
**and human** **potential,---/** **_^** **+** **[ . ]**

- c _*ana_ OT f he p r o s
p e c t s opened up by t h e g r o w t h
o f i n t e r n a t i o n a l t r a d e and by
t h e E u r o p e a n s i n g l e m a r k e t,
and by e n h a n c i n g t h e r o l e o f
E u r o p e a n b u s i n e s s m e n, t e c h n o l o g y a n d know-how.

A r t i c l e 6, t h i r d paragraph (new)

T ! i i \ . -LPIP 1 *' [n M] t [M] i s> ki.qn _ o f e c o n o m i c
<70op<|i A )IJLOJJL jm-.ism _vi,__ sha 1 1 .iLsfi__be
*?JQ'jyj.i'il __Y_L [a] t lie c i f ' d i ( f a c i 1 i t i«'S
ad m i_n ijst _o_ r e d _ b y _ t h e _EI H^_

A r t i c l e 7

```
shall

```

```
Econom i c

sectors:

```

`coopération` `shall` `include` `three` **Economic** **cooperation**
**include three areas** **:**

```
1. Improvement of scientific and
    technological potential and of the
   economic, social and cultural environment

    in general by means of training schemes

   and the transfer of know-how. It shall be

   directed chiefly at executives, economic
   decision-makers and instructors, and shall

   cover all economic, scientific and

   technical fields and, in particular
   energy, industrial and urban ecology and
   services technology.

```

`Encouragement` `shal }` _l?£__:2_ `"` `[!]` `Yil` `[n]` `.`
```
to associations pf_ reseai c_h
```

`centres` `and` _ijvs_ `t_i` `t` `y` `te s_._ fi` `•` `om`
```
both sides, and account. si if,]il
be taken of their ability to
acquire modern technology and
know-how rapidly and t o
spread this in the recipient
country. Programmes may also
be directed at administrât]ye

staff__, those _in <:harq<- of

finance and instructors.

```

```
        A m e n d m e n t s

2. Improvement of the institutional
  structure, in order to render the
  l e g i s l a t i v e, e c o n o m i c,
  administrative and social climate

  more conducive to development.

  Support for undertakings, for
  example by means of sales
  promotion and training and
  technical assistance schemes, by
  the establishment of direct

  contacts between undertakings
  and by schemes to facilitate
  access to bigger markets without
  prejudice to the specific
  provisions on joint ventures
  laid down by Council Regulation
  (EEC) No. ... [on EC IIP].

Regional cooperation must be
regarded as an important sector
for economic cooperation, in
particular:

- cooperation on industrial and
  urban ecology;
- intra-regional trade; including
 especially, support for the

 endeavours of certain countries

 at mutual economic cooperation;

```

```
Commission text

```

```
     12 
Article 7 (2)

```

```
    Improvement of the institutional
    structure, in order to render the
    legislative, administrative and social
    climate more conducive to development.

                         Article 7 (3)

    Support for undertakings, for example by
    means of training and technical assistance
    schemes, by the establishment of direct
    contacts between undertakings and by
    schemes to facilitate access to bigger
    markets without prejudice to the specific
    provisions on joint ventures laid down by
    Council Regulation (EEC) No ... [on EC
    11P].*

Regional cooperation must be regarded as an

important sector for economic cooperation, in

part icular:

    cooperation on industrial and urban
    ecology;
    intra-regional trade-,

        OJ No L

```

A m e n d m e n t s
Comm i o n t e x t

r e g i o n a l i n s t i t u t i o n s f o r economic
i n t é g r â t i o n ;
r e g i o n a l p o l I c i e s ;
communications, i n c l u d i n g
telecommunicat i o n s ;
r e s e a r c h **and t r a i n i n g ;**
**cooperation** **In the sphere of energy.**

r e g i o n a l i n s t i t u t i o n s f o r
economic integration;
regional p o l i c i e s ;
c o m m u n i c a t i o n s, i n c l u d i n g
telecommunications ;
research and training;
cooperation in the sphere of
energy^

industrial cooperation;
c o o p e r a t i o n on c u l t u r a l
exchanges.

**IMPLEMENTING PROCEDURES**

**A r t i c l e 8**

```
inancial and technical assistance and economic

:ooperation shall be provided mainly in the form
>f grants and shall draw on the financial
esources fixed by the general budget of the
uropean Communities. Co-financing with the
lember States or other donors shall be sought
hrough greater coordination. The Community

lature of the aid must, however, be maintained
is far as possible.

                        Art icle 9

  Financial and technical assistance may cover
II the expenditure on imports and local
xpenditure required to carry out projects and

 ogrammes.

aintenance and operating expenses for economic
^operation operations, training and research
 ogrammes and for development projects and
 ogrammes may be covered subject to the proviso
iat in the case of the latter such expenses may
3 covered only at the launching stage and in
Bcreasing amounts.

```

```
Financial and technical assistance

and economic cooperation shall be
provided mainly in the form of
grants and shall draw on the
financial resources fixed by the
general budget of the European
Communities. Co-financing with the
Member States or other donors^.

whether states or international

financial organizations, shall be
sought through greater coordination.
The Community nature of the aid
must, however, be maintained as far
as possible.

Wh e r e ver possible, qj v<> n the
existence of multiannual forecasting
for Community cooperation with AT.A
developing countries, multi*nnn_a]
programming shall be introduced wjTh
regard to objectives, co 1 intriPQ_ a n^
where appropriate, regions.

 1. F i n a n c i a l and technical

   assistance may cover all the
   expenditure on imports and local
   expenditure required to carry
   out projects and programmes.

Maintenance and operating expenses
for e c o n o m i c c o o p e r a t i o n
```

`operation.` `[1]` `;,` `training` _and_ `r< •.••f.'irch`
```
programme:-, .md for development
projects and programmes mM y be

covered.

```

```
                         14

      Commission text

2, Systematic efforts must b© mada to seek
financial contributions froni partners
(countries, local communities, undertakings,
individual recipients) within the limits of
their possibilities and according to the nature
of each operation. Taxes and duties and the
purchase price of land shall be excluded from
Commun i t y fi nanc i ng .

```

3. Study costs and the short and long-term use
of experts to assist the recipients and the
Commission in devising general p o l i c i e s,
i d e n t i f y i n g and preparing operations, and
monitoring and evaluating them shall normally be
covered by Community resources, either as part
of the financing for individual operations or
separately.

```
                        Article 10

Participation in invitations to tender and
purchasing and other contracts shall be open on

equal terms to all natural or legal persons of

the Member States.

With regard to financial and technical
assistance, such participation shall usually be
extended to the recipient State and may also be
extended, case by case, to other developing

countr ies.

```

Ame ndjiCh =; s

Systematic eifcm.. _\u\.r^._ t [ ^] [ made ]
to seek c o n t r i b u t i o n s - "rora

p a r t n e r s ( c o u n t r i e s l o c a l
c o m m u n i t i e s, u _n_ d e r - 3 k -i. ? j j s,
individual recipients) witiiin
t h e l i m i t s of L n e i r

possibilities and accoid>ug to
the nature of each opera Li on.
Taxes and d u t i e s and the

purchase price of land shall be
e x c l u d e d I r o n C o m m u n 1 t. y
financing.

```
In exceptional cases which are
other countries of origin may
specific components.

```

```
duly Justified,

be a I lowed for

     Article 11

```

```
1. Aid projects and programmes for which
Community funding exceeds ECU 2 million and also
any substantial modifications and necessary

overruns of more than 20% of the amount

initially agreed for these operations shall be
adopted according to the procedure laid down in
Article 12(2).

```

```
                             - 1 î> 
      Commission text

2. The procedure laid down in Article 12(3)
shall be followed, if need be, for the adoption
of acts required to establish:

    coordination between Community cooperation
    schemes and bilateral schemes that may be
    undertaken by the Member States,
    the indicative multiannual guidelines that
    apply to the main partner countries,
    the areas of cooperation according to
    subject or sector.

                         Article 12

1. The Commission shall be assisted by a
committee composed of the representatives of the
Member States and chaired by the representative

of the Commission.

2. The representative of the Commission shall

submit to the committee a draft of the measures

to be taken. The committee shall deliver its

```

**`opinion`** _**on**_ **`the draft within a time limit which`**
```
the chairman may lay down according to the
urgency of the matter. The opinion shall be
delivered by the majority laid down in
Article 148(2) of the Treaty in the case of
decisions which the Council is required to adopt
on a proposal from the Commission. The votes of
the representatives of the Member States within
the committee shall be weighted in the manner

set out in that Article. The chairman shall not

vote.

```

```
       Amendment s

1. The Commission shall be

responsible for managing the aid and
implementing the appropriations
agreed by the budgetary authority.
It shall be assisted by a committee
composed of the representatives of
the Member States and chaired by the
representative of the Commission.

```

```
The Commission shall adopt measures which shall
apply immediately. However, if these measures
are not in accordance with the opinion of the
committee, they shall be communicated by the
Comm i ss i on to the Counc i I forthwith. In that
event, the Commission defer application of
the measures which it has decided for a period
of one month.

```

```
communicated by the

```

```
 forthwith. In that

defer application of
decided for a period

```

```
                              16 
      Commi ssion text

The Council, acting by a qualified majority, may

take a different decision within the time limit

referred to in the second subparagraph.

3. The representative of the Commission shall

submit to the committee a draft of the

measures to be taken. The committee shall

deliver its opinion on the draft within a time
limit which the chairman may lay down according
to the urgency of the matter, if necessary by
taking a vote.

The opinion shall be recorded in the minutes; in
addition, each Member State shall have the right
to ask to have its position recorded in the

minutes.

The Commission shall take the utmost account of

the opinion delivered by the committee. It

shall inform the committee of the manner in

which its opinion has been taken into account.

                          Art icle 13

The Commission shall submit to the Council and

the European Parliament an annual report on the
implementation of this Regulation, setting out
the results achieved and presenting the projects
and programmes financed during the year.

In addition, a comprehensive report giving the
results of the regular evaluation undertaken
shall be presented at the end of each five-year
per iod.

```

```
         A m e n d m e n t s

   (Unchangi.-d)

 (Unchanged)

The Commission shall submit to the

Council and the European Parliament
an a n n u a l r e p o r t on the
implementation of this Regulation,
setting out the results of the
implementation of the budg e t as
regards commitment and payment
appropriations and presenting the
ana p r e s e n t i n g the p r o j e c t s and
p r o g r a m m e s f i n a n c e d d u r i n g the

yea r.

In addition, a comprehensive report
giving the results of the regular
evaluation undertaken shall be

presented to the Council and
Parliament at the end of eacli five
year period in order not only to
assess implementation but also to
decide whether to maintain or modify
the guidelines applicable to this
aid.

```

                                            - 17 

Commi s s i o n t e x t Amendment s

**Article 14**

```
Regulation (EEC) No 442/81 is hereby repealed.

Any reference to that Regulation shall be deemed
to be a reference to this Regulation.

                          Article 15

This Regulation shall enter into force on the

third day following that of its publication in

the Official Journal of the

European Communities.

This Regulation shall be binding in its entirety
and directly applicable in all Member States.

Done at Brussels, For the Council

                  The President

```

**-** **•** **1** ***** **.**

ISSN 0254-1475

##### COM(91) 364 final

# **DOCUMENTS**

## **EN 03**

### Catalogue number : CB-CO-91-420-EN-C ISBN 92-77-76004-4

Office for Official Publications of the European Communities

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