CELEX: 51995PC0201
Language: en
Date: 1995-05-31
Title: Proposal for a COUNCIL REGULATION (EC) CONCERNING HUMANITARIAN AID

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51995PC0201

Proposal for a COUNCIL REGULATION (EC) CONCERNING HUMANITARIAN AID  /* COM/95/201 FINAL - SYN 95/0119 */  

Official Journal C 180 , 14/07/1995 P. 0006

Proposal for a Council Regulation (EC) concerning humanitarian  aid(95/C  180/06)COM(95) 201 final - 95/0119(SYN)(Submitted by the Commission on 1 June  1995)THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 130w  thereof, Having regard to the proposal from the Commission, In cooperation with the European Parliament, Whereas victims of natural disasters, wars and outbreaks of fighting, exceptional poverty or other  comparable emergencies have a right to international humanitarian assistance where their own  authorities prove unable to provide effective relief; Whereas measures to protect the victims of fighting or comparable emergencies are governed by  international humanitarian law and should accordingly be considered part of humanitarian action; Whereas humanitarian assistance encompasses not only relief operations to save and preserve life in  emergencies or their immediate aftermath, but any action aimed at facilitating or obtaining freedom  of access to victims and the free flow of such assistance; Whereas humanitarian assistance may be a prerequisite for development or reconstruction work and  must therefore cover the full duration of a crisis and its aftermath, and may therefore include an  element of short-term rehabilitation aimed at facilitating the arrival of relief, preventing any  worsening in the impact of the crisis and starting to help those affected regain a minimum level of  self-sufficiency; Whereas there is a particular need for preventive action to ensure preparedness for disaster risks  and, in consequence, for the establishment of an appropriate rapid-warning and intervention  system; Whereas the effectiveness and consistency of the Community and national prevention and intervention  systems set up to meet the needs generated by natural disasters or comparable emergencies should  therefore be ensured and reinforced; Whereas humanitarian aid, the sole aim of which is to prevent or relieve human suffering, is  accorded to victims without discrimination on the grounds of race, religion, nationality or  political affinities and must not be guided by, or subject to, political considerations; Whereas humanitarian aid decisions must be taken impartially and solely according to the victims'  needs and interests; Whereas close coordination between the Member States and the Commission both at decision-making  level and on the ground constitutes the foundation for effective humanitarian action by the  Community; Whereas the Community, as part of its contribution to the effectiveness of international  humanitarian aid, must endeavour to cooperate and coordinate its action with that of non member  countries; Whereas, in pursuit of that same objective, criteria should be established for cooperation with  non-governmental organizations and the international agencies and organizations specializing in  humanitarian aid; Whereas the independence and impartiality of non-governmental organizations and other humanitarian  institutions in the execution of humanitarian aid must be preserved, respected and encouraged; Whereas cooperation in the humanitarian sphere should be encouraged between non-governmental  organizations in the Member States and other developed countries and their equivalents in the  countries concerned; Whereas the very nature of humanitarian aid calls for the establishment of flexible, transparent  and fast decision-making procedures for the financing of humanitarian operations and projects. In  this context, it is foreseen that the Commission will be assisted in certain cases in its decision  making by a committee of advisory character; Whereas procedures should be established for the implementation and administration of humanitarian  aid financed by the Community from the general budget, with emergency aid under the IV Lomé  Convention remaining subject to the procedures and arrangements laid down in that Convention, HAS ADOPTED THIS REGULATION: CHAPTER I Objectives and general principles of humanitarian aid Article 1 In  the course of its humanitarian action, the Community shall carry out assistance, relief and  protection operations on a non-discriminatory basis to help people, and particularly the most  vulnerable among them, in non-member countries hit by natural disasters, man-made crises, such as  wars and outbreaks of fighting, or comparable emergencies. It shall do so for the time needed to  meet the humanitarian requirements resulting from these situations. The Community shall also carry  out operations to prepare for or prevent disasters or comparable emergencies. Article 2 The principal objectives of the humanitarian aid referred to in Article 1 shall be: (a) to save and preserve life during emergencies and their immediate aftermath and natural  disasters that have caused major loss of life, physical, psychological or emotional suffering, or  material damage; (b) to provide, through individual operations or global plans, the necessary assistance and relief  to people affected by longer-lasting crises arising, in particular, from outbreaks of fighting or  wars having the effects described in subparagraph (a), especially where their own governments prove  unable to help or there is a vacuum of power; (c) to take any steps necessary to facilitate or obtain freedom of access to aid recipients and the  free flow of aid; (d) to carry out short-term rehabilitation and reconstruction work with a view to facilitating the  arrival of relief, preventing the impact of the crisis from worsening and starting to help those  affected regain a minimum level of self-sufficiency; (e) to cope with population movements (refugees, displaced people and returnees) caused by natural  and man-made disasters and handle schemes to assist repatriation to the country of origin and  resettlement there; (f) to ensure preparedness for disasters or comparable emergencies and set up a suitable  rapid-warning and intervention system; (g) to carry out operation to protect the victims of fighting or comparable emergencies. Article 3 Community aid under this Regulation may be used to finance the purchase and delivery of  any product or equipment needed for the implementation of humanitarian operations; the costs  associated with the expatriate or local staff employed for those operations; the storage,  transport, logistics and distribution of relief and any other action aimed at facilitating or  obtaining freedom of access to aid recipients. It may also be used to finance any other expenditure directly related to the implementation of  humanitarian operations, including the cost of publicizing aid. Article 4 Community aid may also be used to finance: - feasibility studies, monitoring and evaluation of humanitarian operations, - training schemes and general studies in the field of humanitarian action, - measures to strengthen coordination with the Member States, other donor countries, international  humanitarian organizations and institutions and non-governmental organizations, - the technical assistance necessary for the implementation of humanitarian projects, including the  exchange of technical know-how and experience by European humanitarian organizations and agencies  or between such bodies and those of non-member countries, - public awareness and information campaigns inside and outside the Community aimed at increasing  understanding of humanitarian issues. Article 5 Community financing under this Regulation shall take the form of grants. CHAPTER II Procedures for the implementation of humanitarian aid Article 6 Humanitarian aid  operations financed by the Community may be implemented either at the request of international or  non-governmental bodies and organizations or on the initiative of the Commission. Article 7 1.  The humanitarian partners eligible for Community funding under this Regulation  shall be non-governmental organizations satisfying the following conditions: (a) They must be legally recognized in their country of origin as independent non-profit-making  associations. (b) They must have their headquarters in a Community Member State or, exceptionally, a non-member  country. 2.  When determining an NGO's suitability for Community funding, account shall be taken of the  following factors: (a) its administrative and financial management capacities; (b) its technical and logistical capacity in relation to the planned operation; (c) its experience in the field of humanitarian aid; (d) the results of operations carried out by the NGO concerned, and in particular those financed by  the Community; (e) its readiness to take part, if need be, in the coordination system set up for a humanitarian  operation; (f) its ability to work with humanitarian agencies in the countries concerned; (g) whether it has signed the framework partnership agreement with the Community in the field of  humanitarian aid. Article 8 The Community may also finance humanitarian operations by international agencies and  organizations, and in particular those which have signed the framework partnership agreement with  the Community in the field of humanitarian aid. Article 9 The Community may also finance humanitarian operations by the European Commission or  the Member States' humanitarian agencies. For that purpose, the Commission may, according to the  financial rules in force, administer funds made available to it by the Member States in accordance  with procedures agreed beforehand by the Commission and the Member State concerned. Article 10 In the course of its humanitarian action, the Community shall endeavour to develop  partnership and cooperation with non-member countries. Article 11 1.  The administrative procedures for the management and implementation of operations  under this Regulation shall be adopted by the Commission. 2.  Aid shall be granted only to the organisations referred to in Articles 7, 8 and 9 which  undertake to comply with the conditions transmitted to them by the Commission regarding its  allocation and implementation. Article 12 All financing contracts concluded under this Regulation shall provide that the  Commission and the Court of Auditors may conduct checks on the spot and at the headquarters of  humanitarian partners according to the usual procedures established by the Commission under the  rules in force, and in particular those of the Financial Regulation applicable to the general  budget of the European Communities. Article 13 1.  In order to guarantee and enhance the effectiveness and consistency of Community  and national humanitarian aid systems, the Commission shall take all necessary measures to ensure  close coordination between the Member States and the Commission both at decision-making level and  on the ground. 2.  To that end, the Member States shall accord the Commission all necessary assistance, and in  particular provide all relevant information. CHAPTER III Procedures for the implementation of humanitarian operations Article 14 1.  The  Commission shall appraise, decide upon and administer operations under this Regulation according to  the budgetary and other procedures in force, and in particular those laid down in the Community's  Financial Regulation. 2.  Decisions concerning the implementation of humanitarian aid global plans shall be adopted in  conformity with procedure set out in Article  15. Article 15 1.  The Commission shall be assisted by an advisory committee (hereinafter referred to  as 'the committee`) made up of representatives of the Member States and chaired by a representative  of the Commission. 2.  Concerning decisions for action mentioned under Article 14.2, 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, 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. 3.  There shall be a discussion once a year of general guidelines presented by the Commission  representative concerning humanitarian operations in the year ahead. In this context, the Commission and the Member States shall examine the priorities for humanitarian  action by the Community, the entire question of the coordination of Community and national  humanitarian aid and any general or specific issues concerning Community aid in that field. 4.  The Commission shall notify the committee of the humanitarian operations and projects adopted,  indicating the amount granted, the nature of the operation, the recipient country and the partner  implementing the aid. Article 16 The Commission shall regularly evaluate humanitarian operations financed by the  Community in order to establish whether they have achieved their objectives and to produce  guidelines for improving the effectiveness of subsequent operations. Evaluation reports shall be  submitted to the committee. Article 17 After the end of each budget year, the Commission shall report to Parliament and the  Council on the operations implemented in the course of that year. Article 18 This Regulation shall enter into force on the third day following 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.