CELEX: 51995PC0721
Language: en
Date: 1995-12-15
Title: Amended proposal for a COUNCIL REGULATION (EC) CONCERNING HUMANITARIAN AID

COMMISSION OF THE EUROPEAN COMMUNITIES
                                    Brussels, 15.12.1995
                                    COM(95)721 final
                                    95/01J 9 (SYN)
                  Amended proposal for a
             COUNCIL REGULATION (EC)
         CONCERNING HUMANITARIAN AID
(presented by the Commission pursuant to Article 189 a (2)
                    of the EC-Treaty)
 ---pagebreak---  ---pagebreak---                     EXPLANATORY MEMORANDUM
On 31 May, the Commission sent the Council and Parliament a proposal for a
regulation on humanitarian aid, which attempts to define the scope of
humanitarian aid action, coordination arrangements and the ways in which the
Community, Member States, international bodies and non-governmental
organizations can cooperate.1
The proposal is based on Article 130w of the Treaty and subject to the
cooperation procedure (Article 189c of same).
In accordance with this procedure, Parliament delivered its opinion on first reading
on 30 November 1995, submitting a total of 23 amendments.2 Pursuant to Article
189a(2) of the Treaty, the Commission is submitting an amended proposal
incorporating the changes which it has accepted.
A number of these amendments are to do only with form, others with content.
They seek mainly to:
        avoid discrimination against under-privileged groups;
        emphasize the idea of a continuum between short-term rehabilitation and
        long-term development;
        step up coordination and consultation with humanitarian aid bodies, non-
        governmental organizations and international bodies;
        recognize the fact that Member States and recipient countries can launch
        humanitarian operations in the same way that international and non-
        governmental organizations do;
        set out clear objective criteria and other relevant factors for deciding which
        NGOs should be eligible for funding under the regulation;
        bring the issue of coordination under one single article by including
        coordination with international United Nations organizations;
        clarify the concept of comprehensive humanitarian aid plans;
        send evaluation reports to the budgetary authority.
COM (95) 201 final
EP 213.938/fin
                                    A
 ---pagebreak--- The Commission has accepted as they stand the following amendments: n° 4, 5,
6 (second part), 8, 10, 11 (first part), 12 (first, second and fourth parts), 15, 17,
18 (second and third parts); and 19, 20 and 23.
The following amendments have been accepted in substance but with different
wording. n° 1, 6 (first part), 7, 9, 12 (third part), 13, 14 and 18 (first part).
The Commission has not included the following amendments: n° 2, 3, 12 (fifth
and six part), 16, 18 (final part), 21 and 22, either because they are already
covered in substance by the proposal either because they should not be included
in a Council regulation.
                                       Abis)
 ---pagebreak---        PROPOSAL FOR A COUNCIL                     AMENDED PROPOSAL FOR A
      REGULATION CONCERNING                          COUNCIL REGULATION
          HUMANITARIAN AID                   CONCERNING HUMANITARIAN AID
            (COM (95) 201           final)    (after Parliament opinion on first reading)
THE COUNCIL OF THE EUROPEAN                  No amendment
UNION,
Having regard to the Treaty establishing the
European Community, and in particular
Article 13 Ow thereof,
Having regard to the proposal from the
Commission,1
In cooperation with the European
Parliament,2
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;
 ---pagebreak---                                            New recital
                                           Whereas the European Community,
                                           together with its operational partners and
                                           the Member States, have a responsibility to
                                           look into humanitarian aid strategies for
                                           those parts of the world affected bv natural
                                           or man-made disasters or other comparable
                                           emergencies:
Whereas measures to protect the victims of No amendment
fighting or comparable emergencies are
governed by international humanitarian law
and should accordingly be considered part
of humanitarian action;
Whereas humanitarian assistance            No amendment
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;
 ---pagebreak--- Whereas humanitarian assistance may be a       No amendment
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         No amendment
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      Whereas the effectiveness and consistency
of the Community and national prevention       of the Community and national prevention
and intervention systems set up to meet the    and intervention systems set up to meet the
needs generated by natural disasters or        needs generated by natural or man-made
comparable emergencies should therefore be     disasters or comparable emergencies should
ensured and reinforced;                        therefore be ensured and reinforced;
 ---pagebreak--- Whereas humanitarian aid, the sole aim of     Whereas humanitarian aid, the sole aim of
which is to prevent or relieve human          which is to prevent or relieve human
suffering, is accorded to victims without     suffering, is accorded to victims without
discrimination on the grounds of race,        discrimination on the grounds of race, sex,
religion, nationality or political affinities age, physical state, religion, nationality or
and must not be guided by, or subject to,     political affinities and must not be guided
political considerations;                     by, or subject to, political considerations;
Whereas humanitarian aid decisions must       No amendment
be taken impartially and solely according to
the victims' needs and interests;
Whereas close coordination between the        No amendment
Member States and the Commission both at
decision-making level and on the ground
constitutes the foundation for effective
humanitarian action by the Community;
                                              New recital
                                              Whereas close dialogue should be fostered
                                              with the European Parliament:
Whereas the Community, as part of its         No amendment
contribution to the effectiveness of
international humanitarian aid, must
endeavour to cooperate and coordinate its
action with that of non-member countries;
 ---pagebreak--- Whereas, in pursuit of that same objective,  No amendment
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    No amendment
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      No amendment
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      No amendment
aid calls for the establishment of flexible,
transparent and fast decision-making
procedures for the financing of
humanitarian operations and projects;
provision is therefore made for the
Commission, in certain circumstances, to be
assisted in its decision-making by an
advisory committee;
Whereas procedures should be established     No amendment
for the implementation and administration
of humanitarian aid financed by the
Community from the general budget, with
emergency aid under the fourth Lomé
Convention remaining subject to the
procedures and arrangements laid down in
that Convention,
 ---pagebreak---                                        CHAPTER 1
                  Objectives and general principles of humanitarian aid
Article 1                                     Article 1
In the course of its humanitarian action, the Where local authorities are unable or
Community shall carry out non-                unwilling to guarantee the survival and
discriminatory assistance, relief and         protection of the affected groups of people,
protection operations to help people, and     the Community's humanitarian aid shall
particularly the most vulnerable among        include non-discriminatory assistance, relief
them, in non-member countries hit by          and protection operations to help people,
natural disasters, man-made crises, such as   and particularly the most vulnerable among
wars and outbreaks of fighting, or            them, in non-member countries hit by
comparable emergencies for as long as is      natural disasters, man-made crises, such as
necessary to meet the humanitarian needs      wars and outbreaks of fighting, or
arising from such situations. The             comparable emergencies for. as long as is
Community shall also carry out operations     necessary to meet the humanitarian needs
to prepare for or prevent disasters or        arising from such situations.
comparable emergencies.
                                              The Community's humanitarian aid shall
                                              also inlcude operations to prepare for or
                                              prevent disasters or comparable
                                              emergencies.
 ---pagebreak--- Article 2                                      Article 2
The principal objectives of the humanitarian   No amendment
aid referred to in Article 1 shall be:
(a)     to save and preserve life during       No amendment
        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         No amendment
        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         No amendment
        facilitate or obtain freedom of
        access to the recipients and the free
        flow of aid;
(d)     to carry out short-term rehabilitation to carry out short-term rehabilitation and
        and reconstruction work with a view    reconstruction work, which takes account
        to facilitating the arrival of relief, where possible of long-term development
        preventing the impact of the crisis    goals, with a view to facilitating the arrival
        from worsening and starting to help    of relief, preventing the impact of the crisis
        those affected regain a minimum        from worsening and starting to help those
        level of self-sufficiency;             affected regain a minimum level of self-
                                               sufficiency;
 ---pagebreak--- (e)     to cope with short- and longer-term     (e)     to cope with the consequences of
        population movements (refugees,                 short- and longer-term population
        displaced people and returnees)                 movements (refugees, internally
        caused by natural and man-made                  displaced people and returnees)
        disasters and handle schemes to                 caused by natural and man-made
        assist repatriation to the country of           disasters and handle schemes to
        origin and resettlement there;                  assist repatriation to, and
                                                        resettlement in the country of origin
                                                        when the conditions laid down in
                                                        international conventions have been
                                                        met:
(0      to ensure preparedness for disasters    ©       to prevent and prepare for disasters
        or comparable emergencies and set               or comparable emergencies and set
        up a suitable rapid-warning and                 up a suitable rapid-warning and
        intervention system;                            intervention system;
(g)     to carry out operations to protect the  (g)     to carry out operations to protect the
        victims of fighting or comparable               victims of fighting or comparable
        emergencies.                                    emergencies in accordance with
                                                        current international conventions.
Article 3                                       Article 3
Community aid under this Regulation may         Community aid under this Regulation may
be used to finance the purchase and             be used to finance the purchase and
delivery of any product or equipment            delivery of any product or equipment
needed for the implementation of                needed for the implementation of
humanitarian operations; the costs              humanitarian operations, including the
associated with the expatriate or local staff   building of homes or shelters for affected
employed for those operations; the storage,     groups of people; the costs associated with
transport, logistics and distribution of relief the expatriate or local staff employed for
and any other action aimed at facilitating or   those operations; the storage, international
obtaining freedom of access to the              or national shipment, logistics and
recipients of the aid.                          distribution of relief and any other action
                                                aimed at facilitating or obtaining freedom
                                                of access to the recipients of the aid.
It may also be used to finance any other        It may also be used to finance any other
expenditure directly related to the             expenditure directly related to the
implementation of humanitarian operations,      implementation of humanitarian operations.
including the cost of publicizing aid.
 ---pagebreak--- Article 4                                      Article 4
Community aid may also be used to              Community aid may also be used to
finance:                                       finance:
        feasibility studies, monitoring and           feasibility studies into humanitarian
        evaluation of humanitarian                    operations and the evaluation of
        operations;                                   humanitarian aid projects and plans:
                                                      the monitoring of humanitarian aid
                                                      projects and plans:
        training schemes and general studies          No amendment
        in the field of humanitarian action;
        measures to strengthen coordination           measures to strengthen Commission
        with the Member States, other donor           coordination with the Member
        countries, international humanitarian         States, other donor countries,
        organizations and institutions and            international humanitarian
        non-governmental organizations;               organizations and institutions and
                                                      non-governmental organizations;
        the technical assistance necessary for
        the implementation of humanitarian            the technical assistance necessary
        projects, including the exchange of           for the implementation of
        technical know-how and experience             humanitarian projects, including the
        by European humanitarian                      exchange of technical know-how
        organizations and agencies or                 and experience by European
        between such bodies and those of              humanitarian organizations and
        non-member countries;                         agencies or between such bodies
                                                      and those of non-member countries;
                                                      activities to improve consultation
                                                       and coordination between the
                                                      European Community, its
                                                       operational partners and their
                                                      representative organizations;
        public awareness and information              No amendment
        campaigns inside and outside the
        Community aimed at increasing
        understanding of humanitarian
        issues.
                                                       the publicizing of humanitarian
                                                       operations.
                                            10
 ---pagebreak--- Article 5                                 Article 5
Community financing under this Regulation No amendment
shall take the form of grants.
                                      11
 ---pagebreak---                                        CHAPTER II
                  Procedures for the implementation of humanitarian aid
Article 6                                    Article 6
Humanitarian aid operations financed by the Humanitarian aid operations financed by
Community may be implemented either at       the Community may be implemented either
the request of international or non-         at the request of international or non-
governmental bodies and organizations or     governmental bodies and organizations in a
on the initiative of the Commission.         Member State or recipient country or on
                                             the initiative of the Commission.
                                        12
 ---pagebreak--- Article 7                                       Article 7
1.     The humanitarian partners eligible               The non-governmental organizations
       for funding under this Regulation                eligible for Community funding to
       shall be non-governmental                        carry out the activities laid down bv
       organizations satisfying the                     this Regulation must:
       following conditions:
                                                        (a)     be independent non-profit
       (a)     They must be legally                             making associations in
               recognized in their country                      accordance with the
                                                                — — — — ' ' •' • " '
               of origin as independent non-                    legislations of the
               profit-making associations.                      Community Member State in
                                                                which thev are situated:
                                                        (b)     have their registered
       (b)     They must have their                             headquarters in a Community
               headquarters in a Community                      Member State or in one of
               Member State or,                                 the countries in receipt of
               exceptionally, a non-member                      Community aid. The
               country.                                         headquarters must be the
                                                                actual centre for all decisions
                                                                relating to activities financed
                                                                under this Regulation.
                                                                Exceptionally, the
                                                                headquarters may be in a
                                                                non-Member State.
       When determining an NGO's                No amendment
       suitability for Community funding,
       account shall be taken of the
       following factors:
       (a)     its administrative and           No amendment
               financial management
               capacities;
       (b)      its technical and logistical    No amendment
               capacity in relation to the
               planned operation;
       (b)      its technical and logistical
                capacity in relation to the
               planned operation;
                                             13
 ---pagebreak---         (c)     its experience in the field of  No amendment
               humanitarian aid;
        (d)    the results of operations        (d)     the results of previous operations
                carried out by the NGO                  carried out by the NGO concerned,
               concerned, and in particular             and in particular those financed by
                those financed by the                   the Community;
                Community;
        (e)     its readiness to take part, if  (e)     its readiness to take part, if need be,
               need be, in the coordination             in the coordination system set up for
                system set up for a                     a humanitarian operation;
               humanitarian operation;
        (f)    its ability to work with         (f)     its ability and readiness to work
               humanitarian agencies in the             with humanitarian agencies and
               countries concerned;                     grassroots communities in the
                                                        countries concerned;
        (g)    whether it has signed the                Deleted
               framework partnership
               agreement with the
               Community in the field of
               humanitarian aid.
                                                <£>     its independence and impartiality in
                                                        administering humanitarian aid:
                                                (h)     if needs be. a track record in the
                                                        country concerned.
Article 8                                       Article 8
The Community may also finance                  The Community may also finance
humanitarian operations by international        humanitarian operations by international
agencies and organizations, and in              agencies and organizations.
particular those which have signed the
framework partnership agreement with the
Community in the field of humanitarian aid.
                                             14
 ---pagebreak--- Article 9                                     Article 9
The Community may also finance                9.1     Where appropriate, the Community
humanitarian operations by the European               may also finance humanitarian
Commission or the Member States'                      operations by the European
humanitarian agencies. For that purpose,              Commission or specialist Member
the Commission may, according to the                  State agencies.
financial rules in force, administer funds
made available to it by the Member States     9.2     In accordance with the financial
in accordance with procedures agreed                  rules in force, the Commission may
beforehand by the Commission and the                  administer funds made available to
Member State concerned.                               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 Incorporated into Article 12 (ex Article 13)
Community shall endeavour to develop          under a new paragraph. 12.3
partnership and cooperation with non-
member countries.
Article 11                                    Article 10
        The administrative procedures for             No amendment
        the management and implementation
        of operations under this Regulation
        shall be adopted by the Commission.
        Aid shall only be granted to the
        organizations referred to in Articles         Aid shall only be granted to the
        7, 8 and 9 if they undertake to               organizations and agencies referred
        comply with the conditions                    to in Articles 7, 8 and 9 if they
        transmitted to them by the                    undertake to comply with the
        Commission regarding its allocation           conditions transmitted to them by
        and implementation.                           the Commission regarding its
                                                      allocation and implementation.
                                           15
 ---pagebreak--- Article 12                                     Article 11
All financing contracts concluded under this   No amendment to the text
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.
                                           16
 ---pagebreak--- Article 13                                    Article 12
       In order to guarantee and enhance              In order to guarantee and enhance
       the effectiveness and consistency of           the effectiveness and consistency of
       Community and national                         Community and national
       humanitarian aid systems, the                  humanitarian aid systems, the
       Commission shall take all necessary            Commission may take anv useful
       measures to ensure close                       step to promote close coordination
       coordination between the Member                between its activities and the
       States and the Commission both at              Member States' both at decision-
       decision-making level and on the               making level and on the ground. To
       ground.                                        that end, the Member States and the
                                                      Commission shall keep each other
       To that end, the Member States shall           routinely informed.
       accord the Commission all necessary
       assistance, and in particular provide          The Commission shall ensure that
       all relevant information.                      the humanitarian activities financed
                                                      bv the Community are coordinated
                                                      with those of international
                                                      organizations and agencies,
                                                      particularly those which form part
                                                      of the United Nations.
                                                      The Commission shall endeavour to
                                                      develop humanitarian aid
                                                      cooperation between the Community
                                                      and non-member donor countries.
                                           17
 ---pagebreak---                                        CHAPTER III
             Procedures for the implementation of humanitarian operations
Article 14                                     Article 13
        The Commission shall appraise,                The Commission shall appraise,
        decide upon and administer                    decide upon, administer, monitor
        operations under this Regulation              and evaluate operations under this
        according to the budgetary and other          Regulation according to the
        procedures in force, and in particular        budgetary and other procedures in
        those laid down in the Community's            force, and in particular those laid
        Financial Regulation.                         down in the Community's Financial
                                                      Regulation.
        Decisions concerning the                      Decisions concerning the
        implementation of global                      implementation of global
        humanitarian aid plans shall be               humanitarian aid plans designed to
        adopted under the procedure laid              provide a coherent framework for
        down in Article 15.                           action in a country or region
                                                      suffering a prolonged humanitarian
                                                      emergency shall be adopted under
                                                      the procedure laid down in Article
                                                      14.
                                          18
 ---pagebreak--- Article 15                                   Article 14
                                             ssoaaaaBenBaB
1.     The Commission shall be assisted by   No amendment to the text
       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.     The Commission representative shall
       submit to the committee a draft of
       any decisions to be taken under
       Article 14(2). 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.     Once a year, on the basis of a paper
       presented by the Commission
       representative, there will be a
       discussion on the general guidelines
       for humanitarian operations in the
       year ahead.
                                          19
 ---pagebreak---         In the committee, the Commission       No amendment to the text
        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                                     Article 15
The Commission shall regularly evaluate        The Commission shall regularly evaluate
humanitarian operations financed by the        humanitarian operations financed by the
Community in order to establish whether        Community in order to establish whether
they have achieved their objectives and to     they have achieved their objectives and to
produce guidelines for improving the           produce guidelines for improving the
effectiveness of subsequent operations.        effectiveness of subsequent operations.
Evaluation reports shall be submitted to the   Evaluation reports shall be submitted to the
committee.                                     committee and to the budgetary authority.
Article 17                                     Article 16
After the end of each budget year, the         No amendment to the text
Commission shall report to Parliament and
the Council on the operations implemented
in the course of that year.
                                           20
 ---pagebreak--- Article 18                                    Article 17
This Regulation shall enter into force on     No amendment to the text
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.
                                           21
 ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                            COM(95) 721 final
                                              DOCUMENTS
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