CELEX: 51997PC0190
Language: en
Date: 1997-05-23
Title: Re-examined proposal for a Council Regulation (EC) on budget line B7-6210 on North-South cooperation in the campaign against drugs and drug addiction

COMMISSION OF THE EUROPEAN COMMUNITIES
                                       Brussels, 23.05.1997
                                       COM(97) 190 final
                                       95/0167 (SYN>
                   Re-examined proposal for a
                COUNCIL REGULATION (EQ
ON BUDGET LINE B7-6210 ON NORTH SOUTH COOPERATION
IN THE CAMPAIGN AGAINST DRUGS AND DRUG ADDICTION
   (presented by the Commission pursuant to Article Î89 c (d)
                       of the EC Treaty)
 ---pagebreak---  ---pagebreak---                            EXPLANATORY MEMORANDUM
 In conformity with article 189 C, the Commission accepts the following amendments
 to the Council's common position that were voted by the European Parliament at the
 2nd reading on the 13 of March 1997.
Amendment 1:
"Whereas one of the most important prerequisites in the fight against drugs is that
poverty in the south should be drastically reduced and that people should have a legal
alternative to the cultivation of illegal products."
The Commission is of the view that alternative development programs will have more
chances to be successful if the economy of the countries facing illicit cultivation
diversifies and if poverty is reduced because one of the main reasons that lead poor
individuals peasants to cultivate coca or opium is that they have no other alternative to
earn money.
Amendment 2:
Delete: "Whereas a financial reference amount, within the meaning of point 2 of the
Declaration by the European Parliament, the Council and the Commission of 6 March
1995 (1) is included in this Regulation for the period 1998-2000, without thereby
affecting the powers of the budgetary authority as they are defined by the Treaty":
The Commission is of the view that the amount allocated to the budget line is the sole
responsibility of the Budgetary Authority.
Amendment 3:
"The Commission will seek to use its influence with the international donors and
financial institutions (IMF, World Bank, etc) to avoid contradictions between their
policies and the objectives of national drug control policies": The idea behind this
amendment is to make sure that the policies of the Bretton Woods institutions arc
compatible and do not contradict with the objectives of the fight against drugs.
Because the Commission generally speaking has not the status of a member of those
I.F.I, it is more appropriate to refer to "the E.C (European Community).
Amendment 4:
"Criteria will be established for evaluating the progress of each initiative supported by
the Community. These criteria, which will be mutually acceptable to the Community
and partner governments or organizations, will be developed in a process of dialogue
before Community financial assistance begins":
This amendment cannot be accepted because the Commission should maintain its own
criteria to assess the way the programs that it has financed have been implemented.
                                         A
 ---pagebreak--- Amendment 5:
"Promotion of pilot alternative development projects including projects that seek
alternative production which can take advantage of trade preferences, particularly for
the benefit of small independent producers of raw materials for illegal drugs. Pilot
alternative development projects will be subject to the same requirements as other
Community development projects (in terms of feasibility studies and participation of
local people and target groups in identifying planning and carrying out operations and
should be conceived as a process by which the production of illicit drug cops is
eventually both combated and eliminated through appropriate rural development
measures in the context of sustainable national economic growth. These projects shall
comprise social and economic measures which take into account factors contributing
to illicit production as well as measures which may facilitate improved use of
commercial preferences. In this context there will be systematic appraisal of how
greater use may be made of other Community financial instruments (e.g. the ALA^
and the European Development Fund to support alternative development projects":
Alternative development programs are supported by - the special regime of GSP
granted to some latin american countries. The GSP contributes to the goal of replacing
illicit activities by legal activities, either in the industrial or in the agricultural field.
Because of the limited amount allocated to the budget line, it is useful to mention
other sources of financement for alternative development projects on a large scale
such as existing budget lines for technical cooperation for example.
Amendment 6:
Replace "particular attention shall be paid" by "Particular emphasis will be given to:
• measures to combat the production of and trade in heroin, cocaine and dangerous
    synthetic drugs
• the participation of local people and target groups in identifying, planning and
    carrying out operations; special attention shall be paid to the key position of
    women and the social and environmental implications of the measures:
• support for communities which have decided to give up production of drugs or
    precursors, in the form of help with the development of alternatives:
• measures to combat money laundering":
The surge of synthetic drugs must be properly addressed as well as the growing
importance of money laundering. It is important to associate the people concerned
with illegal crop cultivation to the definition and implementation of alternative
development projects.
Amendment 7:
"The Community shall only support projects where respect for human rights is
guaranteed":
It is crucial that in each program financed, the human rights dimension be properly
addressed.
                                          £
 ---pagebreak--- Amendment 8:
 "The instruments to be employed in the course of the operations referred to in Articles
 3 and 4 shall include technical assistance, training or other services, supplies and
 works. They shall also include preliminary studies and evaluation and monitoring
 audits, the cost of which shall not exceed 10% of the appropriations allocated to this
item by the budgetary authority in each financial year.
Exceptionally, in the of the comprehensive evaluation due after three year, the cost
may amount to up to 20% of those appropriations."
Since 1987, a very low percentage of the budget line has been used for seminars,
feasibility studies and assessments of program. The provisions of the article 12 make
it necessary to plan more allocation of funds for external assessments of programs and
projects in the future, while preserving the role of the budget line which is to finance
programs. The 20% ceiling seems to be a good compromise in that respect.
Amendment 9 :
"Opportunities shall be sought for cofinancing. in particular with the Member States,
with third countries or with multilateral, regional or other organizations":
This amendment is appropriate because it widens the array of contributors to
programs financed by the EC.
Amendment 10:
"In order to achieve the objectives of consistency and complementarity referred to in
the Treaty and with the aim of guaranteeing optimum effectiveness of all these
operations the Commission while having regard to the principles of sound
management and avoiding excessive administrative costs, shall take all coordination
measures necessary to maximize overall efficiency, including in particular": This
amendment is the statement of a principle of good management of programs.
Amendment 11:
"All necessary steps shall be taken to ensure that aid is properly evaluated, monitored
and substantiated":
This amendment is a statement of a principle of good management of programs.
Amendment 12 :
Delete: "The financial reference amount for the implementation of this program
during the period 1998-2000 shall be ECU 30 million":
The Commission is of the view that this matter is the only responsibility of the
Budgetary Authority.
                                     3
 ---pagebreak--- Amendment 13 :
Delete: "Projects and program appraisal shall take into account the following factors:
• effectiveness and viability of operators
• cultural, social, gender and environmental aspects
• institutional development necessary to achieve project goals
•       experience gained from operations of the same kind.":
The Commission must retain some room of manoeuvre to define, for each program
and depending on each program's characteristics, the relevant criteria of assessment.
Amendment 14 :
Delete: "The information shall be made available no later than one week before the
decision is taken.":
The Commission is of the view that the general debate on the orientations for the use
of the budget line at the beginning of each year and the information provided by the
Commission in the PVD-ALA committee and in the annual report on the use of the
budget line fully meet the objective of transparency.
Amendment 15 :
Delete: "and o f the recipient and replace by " ' " . Add "it may be extended to"
instead of "and":
This amendment is the modified proposal of the Commission (dated 06.09.1996).
Amendment 16 :
Replace "shall" by "should" and replace the 2nd sentence by "Exceptions will be
allowed with the prior agreement of the competent department, in particular where the
partners would otherwise have to bear extra or excessive costs":
This amendment is the modified proposal of the Commission (dated 06.09.1996).
Amendment 17 :
Delete: "Particular attention will be given to
• the pursuit of cost-effectiveness and sustainable impact in project design
• the clear definition and monitoring of objectives and indication of achievement for
   all projects":
The principles of good management are already explained in amendment 10 and
amendment 11 of the EP which are accepted by the Commission. Therefore there is no
need of this additional statement.
                                           v
 ---pagebreak--- Amendment 18 :
Replace: "geographically-determined committee competent for development by the
Commission shall be assisted by an advisory committee made up of representatives
from the Member States and chaired by a representative of the Commission, namely,
depending on the recipient country or region.
• in the case of ACP countries, the EDF Committee set up by Article 21 of Internal
    Agreement 91/401/EEC on the financing and administration of Community aid
    under the fourth Lomé Convention, adopted on 16 July 1990 by the representatives
    of the Member States meeting with the council:
• in the case of the Mediterranean countries, the MED Committee set up by Article 6
    of Council Regulation (EEC) No 1762.92 of 29 June 1992
•in the case of the Asian and Latin American countries, the ALA Committee set up by
Article 15 of Council Regulation (EEC) No 443/92 of 25 February 1992.":
This amendment aims at coming back to the proposal of the Commission dated 30
June 1995.
Amendment 19 :
Replace after "The urgency of the matter" bv "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 lav
down according to the urgency for 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 opinion delivered bv the committee.
It shall inform the committee of the manner in which its opinion has been taken into
account."
This amendment is the original proposal of the Commission as regards comitology
(dated 30 June 1995).
Amendment 20 :
Add : "The joint meeting of the committees shall deliver an opinion on the general
guidelines.":
This was the original proposal of the Commission (dated 30 June 1995).
Amendment 21 :
Replace "at the end " bv Before 1 September in each budget year, the Commission
shall present a report to Parliament and the Council including a list of the partners in
cofinanced operations and the percentage of cofinancing. summarizing the operations
                                              S
 ---pagebreak--- financed in the course of that year and providing a statistical evaluation of the
implementation of this Regulation over that period.
The report shall in particular contain information about those with whom contracts
have been concluded.":
This amendment is not acceptable because by September, not all the funds of the
budget line are engaged. Therefore, the information that would be provided by the
Commission by the 1st of September of each year would not be accurate.
Amendment 22 :
Delete: "The Commission shall regularly assess operations financed by the
Community with a view to establishing whether the objectives aimed at by such
operations have been achieved and to provide guidelines for improving the
effectiveness of future operations. The Commission shall submit to the Committee
referred to in Art. 10 a summary of the assessments made which, if appropriate, may
be examined by the Committee. The assessment reports shall be made available to any
Member States requesting them.
The Commission shall inform the Member States, at latest one month after its
decision, of the operations and projects approved, stating their cost and nature, the
recipient country and partners.":
The amendments 10 and 11 of the EP already cover this issue.This is the reason why
the Commission approves amendment 22 of the EP.
Amendment 23 :
Replace "terminating it" in art. 12 bv "amending it":
The Commission shares the view of the EP that a regulation whose adoption will have
taken 2 years should only be examined three years after its entry into force with the
view to amend it if there is a strong case for it but not with the view to abolish it.
                                       C
 ---pagebreak---                          RE-EXAMINED PROPOSAL FOR A
                             COUNCIL REGULATION (EC)
          ON BUDGET LINE B7-6210 ON NORTH SOUTH COOPERATION
          IN THE CAMPAIGN AGAINST DRUGS AND DRUG ADDICTION
 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;
 Acting in accordance with the procedure laid down in Article 189c of the Treaty;
Whereas the impact on the structures of a developing society of an economy based on
the production of drugs, or which derives a substantial revenue from them,
undermines a country's smooth integration in to the world economy;
Whereas the breakdown of social structures in developing countries due to drug
consumption and the related industry is detrimental to sustainable social development
and the attainment of the goals of Community Policy in the sphere of development
cooperation as defined in Article 130u of the Treaty;
Whereas one of the most important prerequisites in the fight against drugs is that
poverty in the south should be drastically reduced and that people should have a legal
alternative to the cultivation of illegal products:
Whereas institutional support should be given to those developing countries which so
request so that they can combat drags more effectively;
Whereas in a communication to the Parliament and to the Council dated 23 June
1994, the Commission presented its guidelines for a European plan of action on drugs
for 1995-99, including measures at international level;
Whereas Parliament stated its views on the guidelines in its Opinion on the
Communication, adopted on 15 June 1995;
Whereas the Fourth ACP-EC Convention and the Cooperation, Association and
Partnership agreements concluded by the European Community with developing
countries contain clauses on cooperation to curb drug abuse and drug trafficking, the
 monitoring of trade in precursors, chemical products and psychotropic substances and
 the exchange of relevant information, including measures in the field of money
 laundering; whereas there is arelationshipbetween campaign against drugs and drug
 addiction and the aims of the cooperation policy pursued by the Community and its
 developing country partners;
                                                    ^
 ---pagebreak--- Whereas the international community's strategy to curb drug abuse and drug
trafficking is based on universal accession to the Single Convention on narcotic drugs
of 1961, as amended by the Protocol of 1972, the Convention on psychotropic
substances of 1971 and the International Convention against illicit traffic in narcotic
drugs and psychotropic substances of 1988, and on the systematic implementation of
those conventions at national and international level;
Whereas the European Community is a party of the Convention of 1988, in particular
by virtue of Article 12 of that Convention, and has adopted Community legislation
based on the recommendations of the Chemical Action Task Force set up by the G 7
and the President of the Commission in 1989, the effectiveness of which would be
generally enhanced by the adoption of the relevant legislation and procedures in other
parts of the world;
Whereas effective action against drugs must also encompass measures against the
laundering of money from drug trafficking, such as the adoption of a suitable legal
framework and appropriate mechanisms in the countries concerned;
Whereas human rights must be duly respected in implementing measures under this
Regulation;
Whereas the Member States of the European Community have endorsed the policy
 statement and general plan of action adopted by the UN General Assembly at its 17th
 special session;
 HAS ADOPTED THIS REGULATION:
                                        Article 1
 In the framework of its development cooperation policy and taking account of the
 harmful effects on development efforts of the production, trading and consumption of
 drugs, the Community shall carry out cooperation activities in the field of drugs and
 drag addiction in developing countries, giving priority to those which have
 demonstrated political will at the hightest level to solve their drug problem. The
 existence of such will may be demonstrated inter alia by ratification of the Single
 Convention of 1961 as amended by the Protocol of 1972, the Convention of 1971 and
 the Convention of 1988. Commitment on the part of developing countries shall take
 the form inter alia of the implementation of domestic legislation against laundering of
 money generated through illicit drugs.
                                        Article 2
 The assistance provided under this Regulation shall complement and reinforce
 assistance provided under other instruments of development cooperation.
                                        S
 ---pagebreak---                                           Article 3
The Community shall give priority at the request of a partner country to supporting the
preparation of a national drug control master plan, in close consultation with the
United Nations International Drug Control Programme (UNDCP). These plans will
identify objectives, strategies and priorities in the campaign against drugs and the
related resource requirements (including financial requireemtns), thus establishing an
integrated, multidisciplinary and multisectoral approach designed to maximize the
efficiency of national drug control programmes and international assistance.
The prevention of drug addiction, together with demand reduction, shall be addressed
in a consistent policy comprising education and objective information about the
consequences of addiction, targeted especially at young people. Community
cooperation shall take place in a spirit of dialogue reflecting the genuine cultural
differences which affect the perception of drug-related problems, this being crucial to
ensure the social and political viability of drug control strategies.
The European Community will seek to use its influence with the international donors
and financial institutions (IMF. World Bank, etc) to avoid contradictions between
their policies and the objectives of national drug control policies.
                                          Article 4
Preferably operating within the strategic framework established by the national plans,
the Community shall also support specific operations capable of a measurable impact
(i.e. effective and tangible results within a time-limit set in advance) in the following
areas:
- development of institutional capacity, in particular for the implementation of:
              • National Drug Control Master Plans by developing countries,
              • agreements between the Community and certain developing countries,
                 in particular to combat the diversion of chemical precursors and to curb
                 money laundering,
- demand reduction, in particular through analysis of local patterns, the introduction
of measures to control trade in and consumption of narcotics and psychotropoic
substances, treatment and reintegration of drug addicts, as well as risk limitation.
These measures must be integrated into policies on health and education, development
and combating poverty and social and economic exclusion.
Promotion of pilot alternative development projects including projects that seek
alternative production which can take advantage of trade preferences, particularly for
the benefit of small independent producers of raw materials for illegal drugs. Pilot
alternative development projects will be subject to the same requirements as other
Community development projects (in terms of feasibility studies and participation of
local people and target groups in identifying planning and carrying out operations and
should be conceived as a process by which the production of illicit drug cops is
eventually both combated and eliminated through appropriate rural development
measures in the context of sustainable national economic growth. These projects shall
comprise social and economic measures which take into account factors contributing
to illicit production as well as measures which may facilitate improved use of
                                                 2)
 ---pagebreak--- commercial preferences. In this context there will be systematic appraisal of how
greater use may be made of other Community financial instruments (e.g. the ALA)
and the European Development Fund to support alternative development projects.
Financing of studies, seminars and fora for the exchange of experience in the above
fields.
"Particular emphasis will be given to:
• measures to combat the production of and trade in heroin, cocaine and dangerous
   synthetic drugs
• the participation of local people and target groups in identifying, planning and
   carrying out operations; special attention shall be paid to the key position of
    women and the social and environmental implications of the measures:
• support for communities which have decided to give up production of drugs or
   precursors, in the form of help with the development of alternatives:
• measures to combat money laundering
The Community shall only support projects where respect for human rights is
guaranteed.
                                          Article 5
The cooperation partners eligible of financial support under this Regulation shall be
regional and international organizations, in particular UNDCP, local- and Member
State-based non-governmental organizations, national, provincial and local
government departments and agencies, community-based organizations, institutes and
public and private operators.
                                          Article 6
1. The instruments to be employed in the course of the operations referred to in
Articles 3 and 4 shall include studies, technical assistance, training or other services,
supplies and works, along with audits and evaluation and monitoring missions. They
shall also include preliminary studies and evaluation and monitoring audits, the cost
of which shall not exceed 10% of the appropriations allocated to this item bv the
budgetary authority in each financial year.
Exceptionnally, in the of the comprehensive evaluation due after three year, the cost
may amount to up to 20% of those appropriations.
2. According to the needs of the operations concerned, Community financing may
cover both capital investment, other than the purchase of real estate, and operation
costs in foreign or local currency. However, with the exception of training
programmes, operating costs may normally be covered only during the start-up phase
and on a degressive basis.
3. A financial contribution from the partners defined in Article 5 shall be sought for
each cooperation operation. Their contribution will be requested within the limits of
the possibilities available ot the parties concerned and depending of the nature of the
operation concerned.
                                        -/
 ---pagebreak--- 4. A financial contribution from the local partners, particularly in respect of operation
costs, shall be sought as a matter priority in the case of projects intended to launch
long term activities, so as to ensure the viability of such projects once Community
funding comes to an end.
5. Opportunities shall be sought for confinancing. in particular with the Member
States, with third countries or with multilateral, regional or other organizations.
6. The Commission will ensure that the Community character of the aid provided
under this Regulation is highlithed.
7. In order to achieve the objective of consistency and complementarity referred to in
the Treaty and with the aim of guaranteeing optimum effectiveness of all these
operations, the Commission while having regard to the principles of sound
management and avoiding excessive administrative costs, shall take all coordination
measures necessary to maximize overall efficiency, including in particular
a)       a system for the systematic exchanges and analysis of information on
         operations financed and those which the community and the Member States
         propose to finance;
b)       on-the-spot coordination of the implementation of operations through regular
         meetings and exchange of information between representatives of the
         Commission and of the Member States in the beneficary country.
8. In order to obtain the greatest possible impact globally and nationally, the
Commission, in liaison with the Member States, shall take an initiative necessary for
ensuring proper coordination and close collaboration and close collaboration with the
beneficiary those forming part of the United Nations system and more specifically the
UNDCP.
                                         Article 7
Financial support under this Regulation shall take the form of grants. All necessary
steps shall be taken to ensure that aid is properly evaluated, monitored and
substantiated.
                                         Article 8
 Annual appropriations shall be authorized by the budgetary authority within the limits
 of the financial perspectives.
                                         Article 9
 1. The Commission shall be responsible for appraising, approving and managing
 operations covered by this Regulation in accordance with the budgetary and other
 procedures in force, and in particular those laid down in the Financial Regulation
 applicable to the general budget of the European Communities.
                                        A/\
 ---pagebreak--- 2. Decisions relating to grants of more than ECU 2 million for individual operations
financed under this Regulation and any changes resulting in an increase of more than
20 % in the sum initially approved for such an operation shall be adopted under the
procedure laid down in Article 10.
3. The Commission shall be authorized to approve, without recourse to the opinion of
the Committee provided for in Article 10, any supplementary commitments needed
for covering expected or real costs overuns in connection with the operations, where
the overrun of additional requirement is less than or equal to 20 % of the initial
commitment fixed by the financing decision.
4. All financing agreements or contracts concluded under this Regulation shall
provide for the Commission and the Court of Auditors to conduct on-the-spot checks
according to the usual procedures laid down 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.
5. Where operations are the subject of financing agreements between the Community
and the recipient country, such agreement shall stipulate that the payment of taxes,
duties or any other charges is not to be covered by the Community.
6. Participation in invitations to tender and the award of contracts shall be open on
equal terms to natural and legal persons of the Member States, "recipient" countries. It
may be extended to other developing countries.
7. Supplies should originate in the Member States, the recipient country or other
developing countries. Exceptions will be allowed with the prior agreement of the
competent department, in particular where the partners would otherwise have to bear
extra or excessive costs.
                                        Article 10
 1. The Commission shall be assisted bv an advisory committee made up of
representatives from the Member States and chaired bv a representative of the
Commission, namely, depending on the recipient country or region.
• in the case of ACP countries, the EDF Committee set up by Article 21 of Internal
    Agreement 91/401/EEC on the financing and administration of Community aid
    under the fourth Lomé Convention, adopted on 16 July 1990 by the representatives
    of the Member States meeting with the council:
• in the case of the Mediterranean countries, the MED Committee set up bv Article 6
    of Council Regulation (EEC) No 1762.92 of 29 June 1992
     in the case of the Asian and Latin American countries, the ALA Committee set up
     bv Article 15 of Council Regulation (EEC) No 443/92 of 25 February 1992.
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
                                   AZ.
 ---pagebreak--- time limit which the chairman may lay down according to the urgency of the matter if
 necessary bv 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 opinion delivered bv the committee.
 It shall inform the committee of the manner in which its opinion has been taken into
 account.
3. An exchange of views shall take place once a year on the basis of a presentation by
the representative of the Commission of the general guidelines for the operations to be
carried out in the year ahead, in the framework of a joint meeting of the committees
referred to in paragraph 10. The joint meeting of the committees shall deliver an
opinion on the general guidelines.
                                         Article 11
At the end of each budget year, the Commission shall present a report to the
Parliament and the Concil summarizing the operations financial in the cause of that
year and evaluating the implementation of this regulation that period. The report shall
in particular contain information about those with whom contracts have been
concluded. It shall also summarize any indépendant evaluations conducted of specific
operation.
                                         Article 12
 1. This Regulation shall enter into force on the third day following its publication in
the Official Journal of the European communities.
2. Three years after this Regulation enters into force, the Commission shall submit to
the European Parliament and the Council an overall assessment of operations financed
by the Community under thsi Regulation together with suggestionn regarding the
future of this Regulation and, where necessary, proposals for amending it.
This Regulation shall be binding in its entirely and directly applicable in all Member
 States.
 Done at Brussels
                                                        For the Council
                                                        The President
                                         A I
 ---pagebreak---                                                                   ISSN 0254-1475
                                                            COM(97) 190 final
                                              DOCUMENTS
EN                                                                  05 11 01
                                    Catalogue number : CB-CO-97-180-EN-C
                                                             ISBN 92-78-19080-2
Office for Official Publications of the European Communities
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