CELEX: 51991PC0364
Language: en
Date: 1991-10-09
Title: 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

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)
 ---pagebreak---  ---pagebreak---                                     • 1 -
                             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  ega
  language, into the Commission proposal.
 2. The European Parliament delivered its opinion on 9 September 1991.
 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.
 3. The amendments accepted by the Commission and introduced into the
 amended proposal can be seen as enhancing the Commission's initial
 proposal. They are as follows:
 - Fourth Reci tal;
     Art cle 1, first paragraph and end of second paragraph;
     Art cle 2, second paragraph;
     Art cle 2a (new);
     Art cle 3, first paragraph;
     Art cle 4, first paragraph a and third paragraph;
     Art cle 4a, part of first paragraph and second paragraph;
     Art cle 4b;
     Art cle 4c;
     Art cle 4d;
     Art cle 4e;
     Art cle 4f, first subparagraph;
     Art cle 4g;
     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 third
     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.
 ---pagebreak---                             - 1 &v* -
This was either because they cause real problems in administering the
implementation of the projects, refer to procedures which are too narrow or
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.
 ---pagebreak---                                              - 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;
 ---pagebreak---            Commission   text                                                  Ame ndme nt s
                                         Fourth  recital
 Whereas the European Parliament has examined the           Whereas the European Parliament has
 matter in detail on a number of occasions and              examined the matter in detail on a
 has called for such reinforced cooperation and            number of occasions and has called
 for a revision of present legislation in order             for such reinforced cooperation and
 to ensure greater efficiency and       increased           for a r e v i s i o n        of present
 transparency;                                             legislation in order to ensure
                                                           .greater efficiency and increased
                                                           transparency and has called for the
                                                           i m p l e m e n t a t i o n 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;
                                       Recital 5b (new)
                                                         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;
 ---pagebreak---                                                     - 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      The Community shall continue and
Community     cooperation     with   ths     developing      broaden Community cooperation witn
countrÊ?s in Asia and Latin America, not being               the developing countries in As i i aro
signatories to the Lomé Convention and not                   La tan America, not being signa lor :e S
benefiting     from the Community's policy of                to the Lomé Convention and :so.
cooperation with       the Mediterranean region,             benef i t ing f rom the Commun 1 ': y ' s
hereinafter referred to as "ALA developing                   policy of cooperation with ^^e
countries". This       cooperation     shall    involve      Mediterranean region. hereirinf : r r
financial and technical development assistance               referred to as 'ALA developing
and economic cooperation. In this connection                countries'.                This cooperation shall
the Community attaches the utmost importance to              involve financial and technical
promoting human rights, freedom of trade and of             development assislance and economic
cultural exchanges and environmental protection,            cooperation. In this connection Iho
by means of an increasing dialogue on political,            Community attached the utmost
economic and social issues within a perspective             importance                   to prompti n g a nd
of mutuaI interest.                                         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 .
           1   OJ No L 48, 21.2.1981, p. 8.
 ---pagebreak---                                                - 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           All the ALA developing countries
eligible for financial and technical assistance           shall be eligible for financial and
and economic cooperation.                                 technical assistance and economic
                                                          cooperation.
The   recipients    of  aid    and   partners   in
cooperation can include not only States and               The recipients of aid and/or
regions but decentralized authorities, public             partners in cooperation can include
agencies,   local or traditional      communities,        not only States and regions but
private   institutes and operators,      including       decentralized authorities, public
                                                         ° r q. a_n_ i z a t i o n s , r e g i jm_£T_
cooperatives and non-governmental organizations.
                                                         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.
 ---pagebreak---                                                 -  5
            Commission    text                                          Amendment s
                                Financial and Technical Assistance
                                            Article 3
  The principal aim of financial and technical             The principal aim of financial and
  assistance shall be to improve the living                technical assistance shall be to
  standards of the neediest sections of the                improve the living standards of the
  population and to implement measures in areas            neediest sections of the population
  where domestic resources are hard to mobilize            - especially women - by implementing
  but which are of strategic importance either for        programmes and projects in all
  the development of the countries concerned or           sectors in which Community aid can
  for the international community as a whole.             make a decisive contribution; in
                                                          particular      measures    may    be
                                                          implemented in areas where economic
                                                          and human 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.
 ---pagebreak---                                              - 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      n a t u jr a 1
                                                         r e s o u r c e s , _sha 1J___ c c i i s t j tapt e _a new
                                                        p r i o r i t y of f i n a n c i a 1 _and t ^ c h r n c a l
                                                        c o o p é r â t i on.
 ---pagebreak---                            - 7
Commission text                                              Amendments
                                       A p e r c e n t a g e 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
                                      p r o c e d u r e a n d shall b e used to
                                       f i n a n c e p r o g r a m m e s 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
                                    production                    and         grassroots
                                    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           a c t i v i t i e s and d e c i s i o n -
                                   making.
                                   Ail?..may. ho_ .ch^n/nd ] ed__tp t he various
                                   i n d i g e n o u s ethnie grouns                      through
                                   measures                 to       ençou ra g e             the
                                   preservation of their culture and
                                   social organization.
                                   Aid         may        take         into          account
                                   demographic problems and financial
                                   and human resources may be allocated
                                   to proposed measures which have the
                                  support of grassroots communities.
                                  T h i s may i n c l u d e information on
                                  family planning, for instan ce x a s
                                  part         of      h e a 11 h i n f o r m â t 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. h e ... .t i aii.s f.e i o f . , s p e c i a 1 i z e d
                                     t e e h n j ca 1 s k i 1 l.l'î.J.-P-. f ^ Yt'. ..P.1 °bJ ems
                                     oj U2"j2ari__inXra.s^Xilfl.li^Ê-JJL._<IÇ'Lirii>lLl
                                     and those__of_ housing^. h e a l t h ami
                                     t ranRjjqrt: in...partijcul ^Jj
                                    t h e i m p l e m e n t a t i on of p r o - j e r t
                                    the non-qovernmentai s e c t o r .
 ---pagebreak---                              - 8 -
                                                                Amendments
Commission text
                A r t i c l e 4 c (new)
                                          The c u l t u r a l              dimension          of
                                          development must be c o n s t a n t l y borne
                                          i n mind i n a l l a c t i v i t i e s and
                                          programmes i n which the Community i s
                                          involved.
                A r t i c l e 4 d (new)
                                         The s t r u c t u r a l            dimension         of
                                         development i s a p r i o r i t y which
                                         f i n a n c i a l and t e c h n i c a l cooperation
                                         s h a l l t a k e i n t o account so as to
                                         overcome t h e major f i n a n c i a l and
                                         t e c h n i c a l b a r r i e r s and the s o c i a l
                                         conseguences endured by many ALA
                                        developing c o u n t r i e s as a r e s u l t of
                                        stringent structural                         adjustment
                                        policies.
                                        C e r t a i n measures of a s t r u c t u r a l
                                        c h a r a c t e r may be developed in an
                                        e n t i r e s e c t o r , region of a country
                                        or group of c o u n t r i e s with the aim
                                        of         promoting                 sustainable
                                        deve lopment .                   In such c a s e s ,
                                        c o o r d i n a t i o n may t a k e p l a c e with
                                        other international                          financial
                                        i n s t i t u t i o n s and b i l a t e r a l donors.
 ---pagebreak---                                                         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
Part of the aid may be used for rehabilitation
                                                                    rehabilitation and reconstruction
and reconstruction following disasters of all
                                                                    following disasters of all kinds and
kinds and for preventive measures.
                                                                    for preventive measures.
                                         A r t i c l e 4 f (new)
                                                                   F i n a n c i a l and t e c h n i c a l     assistance
                                                                   mav be g r a n t e d t o ALA d e v e l o p i n g
                                                                   c o u n t r i e s t o d r a w u P _._antijidXUS.
                                                                   programmes which i n c l u d e p r e v e n t i v e
                                                                   measures                or      crop-conversion
                                                                   projects.
                                         Article 4 g (new)
                              (formerly Article 4, sixth paragraph)
                                  (plus additional final indent)
Regional cooperation among developing countries                    R e g ion a 1 c o o p e r a t i o n a mong
shall be considered an important          area for                 d e v e l o p i ng c o u n t r i e s s h a l l b e
financial      and      technical      cooperation,                considered an important area for
particularly in the following fields:                              financial and technical coopérât;, on,
                                                                   p a r t JN? u 1 a r l y        in__i Jl.Ç__ f 9 1 lowi rig
                                                                   fields:
                                                                   - coopérâtion on the environment:
      cooperation on the environment;                             ii_Lh^„.dj^y:elppmcnt of intra-regional
      the development of intra-regionaI trade;                        trade;
      the       strengthening      of        regional             - t h e s t r e n g t h e n i n g of          J'egioruû
      inst itut ions;                                                 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 o r k £____ a n d
                                                                     s _§ r v .,i_c_e_s .,            i n c 1 u_d_i _n_g_
                                                                     t.? l_eco m m u n i c at i o n s ;
                                                                 r—l£g.g .gar cil and t r a i n i n
                                                                    w i t h developmentj_
                                                                 - cooperation                  in   the
                                                                    energy;
                                                                 - cultural                coopération._
 ---pagebreak---                                                       10
          Commission text                                                     Amendments
      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)
                                                               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.
                                           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.
                                                                  CuH;ii2ilL_eIil.lDD±.LJll c La^lll^
                                                                  Public health
 ---pagebreak---                                                                                   ni
                     Comroi s s i on         text                                                                       Ame ndments
                                                                   Economic Cooperation
                                                                           Article 6
 Economie c o o p e r a t i o n s h a l l c o n t r i b u t e t o t h e                      Economic                    cooperation                     -hall
 development o f t h e ALA d e v e l o p i n g c o u n t r i e s by                          contribute                     to the rust ai ndiîï e
 h e l p i n g them make t h e most o f t h e p r o s p e c t s                              development of the ALA developing
 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                      countries by helping them make the
 and by t h e European s i n g l e m a r k e t , and by                                      most of their economic, scientific
 enhancing t h e r o l e o f European businessmen,                                           and human potential,---/ _^ + .
                                                                                                                    c
 technology and know-how.                                                                    •                                       *ana OT f he p r o s
                                                                                                p e c t s o p e n e d up b y t h e g r o w t h
 Economic             cooperation            shall         be       aimed        in            o f i n t e r n a t i o n a l t r a d e a n d by
 particular            to supporting countries                         pursuing                 the European s i n g l e market,
macroeconomic and s e c t o r a l                    p o l i c i e s open t o                  and by e n h a n c i n g t h e r o l e o f
 t r a d e and investment and conducive t o technology                                         European businessmen, techno-
 t r a n s f e r s , n o t a b l y by e n s u r i n g t h e p r o t e c t i o n o f             l o g y and know-how.
 i n d u s t r i a l and i n t e l l e c t u a l p r o p e r t y r i g h t s .
                                                      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> k i . q n _ o f    economic
                                                                                            <70op<|iA)IJLOJJL j m - . i s m vi,_ s h a 1 1 .iLsfi__be
                                                                                                                      a
                                                                                            *?JQ'jyj.i'il __Y_L           t l i e c i f ' d i ( f a c i 1 i t i«'S
                                                                                            ad m i_n i j s t o r e d _ b y _ t h e _EI H^_
                                                                         Article     7
Econom i c           coopération            shall         include           three                   Economic                 cooperation                shall
sectors:                                                                                            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 "! Yiln.
                                                                                                         to associations pf_ reseai c_h
                                                                                                         c e n t r e s and i j v s 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.
 ---pagebreak---                                                      12 -
                                                                         Amendments
            Commission     text
                                             Article 7 (2)
                                                           2. Improvement of the institutional
       Improvement      of      the     institutional          structure, in order to render the
       structure,    in order       to   render   the          legislative,         economic,
       legislative, administrative       and social            administrative and social climate
       climate more conducive to development.                  more conducive to development.
                                             Article 7 (3)
       Support for undertakings, for example by                Support for undertakings, for
      means of training and technical assistance               example by means of sales
       schemes, by the establishment of direct                 promotion and training and
       contacts    between    undertakings and by              technical assistance schemes, by
       schemes to facilitate access to bigger                  the establishment of direct
       markets without prejudice to the specific               contacts between undertakings
       provisions on joint ventures laid down by               and by schemes to facilitate
       Council Regulation (EEC) No ... [on EC                  access to bigger markets without
       11P].*                                                  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         Regional cooperation must be
important sector for economic        cooperation, in        regarded as an important sector
part icular:                                                for economic cooperation, in
                                                            particular:
                                                            - cooperation on industrial and
       cooperation    on     industrial   and   urban         urban ecology;
       ecology;                                             - intra-regional trade; including
        intra-regional trade-,                                especially, support for the
                                                              endeavours of certain countries
                                                              at mutual economic cooperation;
               OJ No L
 ---pagebreak---                              ion     text                                                          Amendments
              Comm
      regional              institutions         for      economic            regional              institutions          for
      intégrât ion;                                                           economic i n t e g r a t i o n ;
      regional p o l I c i e s ;                                              regional policies;
      communications,                                    including            communications,                      including
      telecommunicat i o n s ;                                                telecommunications ;
      r e s e a r c h and t r a i n i n g ;                                   r e s e a r c h and t r a i n i n g ;
      c o o p e r a t i o n I n t h e sphere o f e n e r g y .
                                                                              c o o p e r a t i o n i n t h e s p h e r e of
                                                                              energy^
                                                                              i n d u s t r i a l cooperation;
                                                                              cooperation                on         cultural
                                                                              exchanges.
                                                   IMPLEMENTING PROCEDURES
                                                               Article  8
 inancial and technical assistance and economic                            Financial and technical assistance
:ooperation shall be provided mainly in the form                           and economic cooperation shall be
>f grants and shall draw on the financial                                  provided mainly in the form of
 esources fixed by the general budget of the                               grants and shall draw on the
 uropean Communities. Co-financing with the                                financial resources fixed by the
lember States or other donors shall be sought                              general budget of the European
 hrough greater               coordination. The Community                  Communities.             Co-financing with the
lature of the aid must, however, be maintained                            Member States or other donors^.
is far as possible.                                                       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 p o s s i b l e , 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, co1intriPQ_an^
                                                                          where appropriate, regions.
                                                               Art icle 9
    Financial and technical assistance may cover                            1.    Financial             and         technical
 II the expenditure on                      imports and         local             assistance may cover all the
 xpenditure required to carry out projects and                                    expenditure on imports and local
  ogrammes.                                                                       expenditure required to carry
                                                                                  out projects and programmes.
                                                                           Maintenance and operating expenses
 aintenance and operating expenses for economic                            for         economic             cooperation
 ^operation operations, training and research                              operation.1;, training and r< •.••f.'irch
  ogrammes and for development projects and                               programme:-, .md for development
  ogrammes may be covered subject to the proviso                          projects and programmes mM y be
 iat in the case of the latter such expenses may                          covered.
 3 covered only at the launching stage and in
 Bcreasing amounts.
 ---pagebreak---                                                                              14
                    Commission           text                                                       Ame ndjiCh =; s
2, Systematic efforts must b© mada to seek                                        Systematic eifcm.. \u\.r^. t ^ made
 financial              contributions             froni            partners       to    seek           contributions            •"rora
 (countries, local communities, undertakings,                                    partners                (countries          local
 individual recipients) within the limits of                                     communities,                 u n d e r * 3 k -i. ? j j s ,
their possibilities and according to the nature                                  individual               recipients)      witiiin
of each operation. Taxes and duties and the                                      the          l i m i t s         of      L nei r
purchase price of land shall be excluded from                                    p o s s i b i l i t i e s and accoid>ug to
Commun i t y fi nanc i ng.                                                       the n a t u r e of each opera Li on.
                                                                                 Taxes          and        duties       and       the
                                                                                 purchase p r i c e of land shall be
                                                                                 excluded                 Iron     C o m m u n 1 t. y
                                                                                 financing.
3. Study c o s t s and t h e s h o r t and long-term use
of e x p e r t s t o a s s i s t t h e r e c i p i e n t s and t h e
Commission             in devising             general           policies,
identifying            and p r e p a r i n g     o p e r a t i o n s , and
m o n i t o r i n g and e v a l u a t i n g them s h a l l normally be
covered by Community r e s o u r c e s , e i t h e r as p a r t
of t h e f i n a n c i n g f o r i n d i v i d u a l o p e r a t i o n s o r
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.
 In exceptional cases which are duly Justified,
other countries of origin may be a I lowed for
specific components.
                                                                      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).
 ---pagebreak---                                                -  1 î> -
            Commission  text                                         Amendment s
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                1. The C o m m i s s i o n shall  be
 committee composed of the representatives of the        responsible for managing the aid and
Member States and chaired by the representative          implementing the appropriations
of the Commission.                                       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.
 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.
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 Iforthwith. In that
event, the Commission        defer application of
the measures which it has decided for a period
of one month.
 ---pagebreak---                                                  16 -
           Commi s s i o n text                                          Amendments
The Council, acting by a qualified majority, may
take a different decision within the time limit             (Unchangi.-d)
referred to in the second subparagraph.
3. The representative of the Commission shall            (Unchanged)
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 Commission shall submit to the
the European Parliament an annual report on the        Council and the European Parliament
implementation of this Regulation, setting out         an     annual          report  on   the
the results achieved and presenting the projects       implementation of this Regulation,
and programmes financed during the year.               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 projects and
                                                      programmes financed during the
                                                      y e a r.
In addition, a comprehensive report giving the        In addition, a comprehensive report
results of the regular evaluation undertaken          giving the results of the regular
shall be presented at the end of each five-year       evaluation undertaken shall be
per iod.                                              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.
 ---pagebreak---                                                     -     17  -
           Commi s s i o n text                                 Amendment s
                                              A r t i c l e 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
 ---pagebreak---                                            - • 1 * .
                                                                     ISSN 0254-1475
                                                              COM(91) 364 final
                                                      DOCUMENTS
EN                                                                              03
                                 Catalogue number : CB-CO-91-420-EN-C
                                                             ISBN 92-77-76004-4
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