REPORT on the proposal for a Council Decision on the association of the overseas countries and territories with the European Union, including relations between the European Union, on the one hand, and Greenland and the Kingdom of Denmark, on the other (‘Overseas Association Decision’)

20.12.2018 - (COM(2018)0461 – C8-0379/2018 – 2018/0244(CNS)) - *

Committee on Development
Rapporteur: Maurice Ponga


Procedure : 2018/0244(CNS)
Document stages in plenary
Document selected :  
A8-0480/2018
Texts tabled :
A8-0480/2018
Debates :
Texts adopted :

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a Council Decision on the association of the overseas countries and territories with the European Union, including relations between the European Union, on the one hand, and Greenland and the Kingdom of Denmark, on the other

(‘Overseas Association Decision’)

(COM(2018)0461 – C8-0379/2018 – 2018/0244(CNS))

(Special legislative procedure – consultation)

The European Parliament,

–  having regard to the Commission proposal to the Council (COM(2018)0461),

–  having regard to Article 203 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C8-0379/2018),

having regard to Rule 78c of its Rules of Procedure,

–  having regard to the report of the Committee on Development (A8-0480/2018),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union;

3.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4.  Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

5.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment    1

Proposal for a decision

Recital 6

Text proposed by the Commission

Amendment

(6)  This new Decision should highlight the specificities concerning the cooperation with Greenland, such as the objective to preserve the close and lasting links between the Union, Greenland and Denmark, the acknowledgement of the geostrategic position of Greenland, the importance of policy dialogue between Greenland and the Union, the existence of a Fisheries Partnership Agreement between the Union and Greenland and the potential cooperation on Arctic issues. It should respond to the global challenges allowing for the development of a proactive agenda and the pursuit of mutual interests, in particular, the increasing impact of climate change on human activity and the environment, maritime transport, natural resources, including raw materials and fish stocks, as well as research and innovation.

(6)  This new Decision should highlight the specificities concerning the cooperation with Greenland. The Council in 2003 agreed that the future relationship of the Union with Greenland after 2006 would be based on a comprehensive partnership for sustainable development which would include a specific fisheries agreement, negotiated according to the general rules and principles for such agreements. Indeed, the Joint Declaration by the European Union, on the one hand, and the Government of Greenland and the Government of Denmark, on the other, on relations between the European Union and Greenland, signed in Brussels on 19 March 2015, recalled the historical, political, economic and cultural links binding the EU to Greenland and stressed the need to step up relations and cooperation on the basis of mutual interests. The partnership established pursuant to this new decision should thus aim to preserve the close and lasting links between the Union, Greenland and Denmark and should enable global challenges to be overcome by developing a dynamic agenda and seeking mutual interests. The decision should stress the specific characteristics of cooperation with Greenland by acknowledging the geostrategic position of Greenland, the importance of political dialogue between Greenland and the Union, the existence of a Fisheries Partnership Agreement between the Union and Greenland and the potential cooperation on Arctic issues. It should, in particular, take account of the increasing impact of climate change on human activity and the environment, maritime transport, natural resources, including raw materials and fish stocks, as well as research and innovation.

Amendment    2

Proposal for a decision

Recital 16

Text proposed by the Commission

Amendment

(16)  Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, this Programme will contribute to mainstream climate action in the Union's policies and to the achievement of an overall target of 25 % of the Union´s budget expenditures supporting climate objectives. Actions under this Programme are expected to contribute 20 % of the overall financial envelope of the Programme to climate objectives. Relevant actions will be identified during the Programme's implementation and reassessed in the context of its mid-term evaluation and review processes.

(16)  Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, this Programme will contribute to mainstream climate action in the Union's policies and to the achievement of an overall target of 25 % of the Union´s budget expenditures supporting climate objectives. Actions under this Programme are expected to contribute 30 % of the overall financial envelope of the Programme to climate objectives. Relevant actions will be identified during the Programme's implementation and reassessed in the context of its mid-term evaluation and review processes.

Amendment    3

Proposal for a decision

Recital 18

Text proposed by the Commission

Amendment

(18)  The Union and the OCTs recognise the special importance of education and vocational training as a lever for the OCTs’ sustainable development.

(18)  The Union and the OCTs recognise the special importance of education and vocational training as a lever for the OCTs’ sustainable development, in particular in territories where the population’s general level of education is rather low.

Amendment    4

Proposal for a decision

Recital 19

Text proposed by the Commission

Amendment

(19)  The association between the Union and the OCTs should take into account and contribute to the preservation of the cultural diversity and identity of OCTs.

(19)  The association between the Union and the OCTs should take into account and contribute to the preservation of the cultural diversity and identity of OCTs. It should also pay particular attention to and contribute to promoting and upholding the rights of the OCTs’ indigenous peoples.

Amendment    5

Proposal for a decision

Recital 20

Text proposed by the Commission

Amendment

(20)  Trade and trade-related cooperation between the Union and the OCTs should contribute to the objective of sustainable economic development, social development and environmental protection.

(20)  Trade and trade-related cooperation between the Union and the OCTs should contribute to the objective of sustainable economic development, social development and environmental protection along with the lines of the Sustainable Development Goals.

Amendment    6

Proposal for a decision

Recital 21

Text proposed by the Commission

Amendment

(21)  This Decision should provide for more flexible rules of origin, including new possibilities of cumulation of origin. Cumulation should be possible not only with OCTs and Economic Partnership Agreement (EPA) countries, but under certain conditions also for products originating in countries with which the Union is applying a free trade agreement as well as for products entering the Union duty-free and quota-free under the Union’s General System of Preferences, also subject to conditions. These conditions are necessary to prevent trade circumvention and ensure the proper functioning of the cumulation arrangements.

(21)  This Decision should provide for more flexible rules of origin, including new possibilities of cumulation of origin. Cumulation should be possible not only with OCTs and Economic Partnership Agreement (EPA) countries, but under certain conditions also for products originating in countries with which the Union is applying a free trade agreement as well as for products entering the Union duty-free and quota-free under the Union’s General System of Preferences, also subject to conditions. These conditions are necessary for a trading union which is more robust and capable of preventing trade circumvention and ensure the proper functioning of the cumulation arrangements.

Amendment    7

Proposal for a decision

Considérant 25

Text proposed by the Commission

Amendment

(25)  Cooperation in the area of financial services between the Union and OCTs should contribute to building a safer, sounder, more transparent financial system that is essential to enhance global financial stability and to underpin sustainable growth. Efforts in that area should focus on convergence with internationally agreed standards and approximation of OCTs' legislation with Union acquis on financial services. Adequate attention should be paid to strengthening administrative capacity of OCTs' authorities, including in the area of supervision.

(25)  Cooperation in the area of financial services between the Union and OCTs should seek to tackle tax fraud, tax evasion and tax avoidance in order to contribute to building a safer, sounder, more transparent financial system that is essential to enhance global financial stability and to underpin sustainable growth. Efforts in that area should focus on convergence with internationally agreed standards and approximation of OCTs' legislation with Union acquis on financial services. Adequate attention should be paid to strengthening administrative capacity of OCTs' authorities, including in the area of supervision.

Amendment    8

Proposal for a decision

Recital 32

Text proposed by the Commission

Amendment

(32)  This Decision should make reference, where required, to [NDICI Regulation] (Neighbourhood, Development and International Cooperation Instrument) for the purpose of the implementation of the cooperation and thus ensuring coherence in the management across instruments.

deleted

Amendment    9

Proposal for a decision

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

1.  This Decision establishes an association of the overseas countries and territories (OCTs) with the Union (the ‘association’), which constitutes a partnership, based on Article 198 TFEU, to support the OCTs’ sustainable development as well as to promote the values and standards of the Union in the wider world.

1.  This Decision establishes an association of the overseas countries and territories (OCTs) with the Union (the ‘association’), which constitutes a partnership, based on Article 198 TFEU, to support the OCTs’ sustainable development as well as to promote the values, principles and standards of the Union in the wider world.

Amendment    10

Proposal for a decision

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

1.  The association between the Union and the OCTs shall be based on objectives, principles and values shared by the OCTs, the Member States to which they are linked and the Union.

1.  The association between the Union and the OCTs shall be based on objectives, principles and values shared by the OCTs, the Member States to which they are linked and the Union. It shall contribute to the achievement of the Sustainable Development Goals as defined in Agenda 2030 and to the implementation of the Paris Climate Agreement.

Amendment    11

Proposal for a decision

Article 3 – paragraph 3

Text proposed by the Commission

Amendment

3.  In implementing this Decision, the partners shall be guided by the principles of transparency, subsidiarity and the need for efficiency and shall equally address the three pillars of OCTs’ sustainable development: economic development, social development and environmental protection.

3.  In implementing this Decision, the partners shall be guided by the principles of transparency, subsidiarity and the need for efficiency and shall equally address the three pillars of OCTs’ sustainable development: economic development, cultural and social development and environmental protection

Amendment    12

Proposal for a decision

Article 3 – paragraph 4

Text proposed by the Commission

Amendment

4.  The general objective of this Decision is to promote the economic and social development of the OCTs and to establish close economic relations between them and the Union as a whole. The association shall pursue this general objective by the enhancing the OCTs’ competitiveness, strengthening the OCTs’ resilience, reducing their economic and environmental vulnerability and the promoting of cooperation between them and other partners.

4.  In accordance with Article 3(5) and Article 21 of the Treaty on European Union and Article 198 of the Treaty on the Functioning of the European Union, the general objective of this Decision is to promote the economic and social development of the OCTs and to establish close economic relations between them and the Union as a whole.

Amendment    13

Proposal for a decision

Article 3 – paragraph 5 – point a

Text proposed by the Commission

Amendment

(a)  to foster and support cooperation with OCTs,

deleted

Amendment    14

Proposal for a decision

Article 3 – paragraph 5 – point b

Text proposed by the Commission

Amendment

(b)  to support and to cooperate with Greenland in addressing its major challenges as the raising of education level and to contribute to the capacity of the administration of Greenland to formulate and implement national policies.

(b)  to support the OCTs in addressing the major challenges they face, including education for Greenland;

Amendment    15

Proposal for a decision

Article 3 – paragraph 5 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba)  to strengthen the resilience of the OCTs by reducing their economic and environmental vulnerability;

Amendment    16

Proposal for a decision

Article 3 – paragraph 5 – point b b (new)

Text proposed by the Commission

Amendment

 

(bb)  to improve the competitiveness of the OCTs, including as regards social standards;

Amendment    17

Proposal for a decision

Article 3 – paragraph 5 – point b c (new)

Text proposed by the Commission

Amendment

 

(bc)  to promote cooperation between the OCTs and other partners.

Amendment    18

Proposal for a decision

Article 3 – paragraph 6

Text proposed by the Commission

Amendment

6.  In pursuing those objectives, the association shall respect the fundamental principles of liberty, democracy, human rights and fundamental freedoms, the rule of law, good governance and sustainable development, all of which are common to the OCTs and the Member States to which they are linked.

6.  In pursuing those objectives, the association shall respect the fundamental principles of democracy, a rights-based approach encompassing all human rights and fundamental freedoms, the rule of law, good governance and sustainable development, all of which are common to the OCTs and the Member States to which they are linked. The same applies to the principle of non-discrimination on the grounds of sex, race, ethnic origin, religion, disability, age or sexual orientation and the principle of equality between men and women.

Amendment    19

Proposal for a decision

Article 4 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

In the programming and implementation process, and in particular when adopting its guidelines, the Commission shall take due account of the limited administrative and human capacities of the OCTs.

Amendment    20

Proposal for a decision

Article 5 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a)  the economic diversification of OCTs' economies, including their further integration in world and regional economies; in the specific case of Greenland, the need to increase the skills of its labour force.

(a)  the sustainable diversification of OCTs' economies, including their further integration in world and regional economies; in the specific case of Greenland, the need to increase the skills of its labour force.

Amendment    21

Proposal for a decision

Article 5 – paragraph 2 – point a a (new)

Text proposed by the Commission

Amendment

 

(aa)  the promotion of a high-quality social model;

Amendment    22

Proposal for a decision

Article 5 – paragraph 2 – point e

Text proposed by the Commission

Amendment

(e)  the promotion of disaster risk reduction;

(e)  the promotion of disaster risk reduction, taking into account the priorities set out in the Sendai Framework for the period 2015-2030;

Amendment    23

Proposal for a decision

Article 5 – paragraph 2 – point h a (new)

Text proposed by the Commission

Amendment

 

(ha)  Caribbean and Pacific issues.

Amendment    24

Proposal for a decision

Article 7 – paragraph 2

Text proposed by the Commission

Amendment

2.  To this end, the Union and the OCTs may exchange information and best practices or establish any other form of close cooperation and coordination with other partners in the context of the OCTs’ participation in regional and international organisations, where appropriate by means of international agreements.

2.  To this end, the Union and the OCTs may exchange information and best practices or establish any other form of close cooperation and coordination with other partners in the context of the OCTs’ participation in regional and international organisations, where appropriate by means of international agreements, in order to contribute to the smooth integration of the OCTs into their respective geographical environments.

Amendment    25

Proposal for a decision

Article 7 – paragraph 3

Text proposed by the Commission

Amendment

3.  The association aims at supporting cooperation between the OCTs and other partners in the areas of cooperation set out in Parts II and III of this Decision. In that respect, the objective of the association is to promote the cooperation between the OCTs and the outermost regions, referred to in Article 349 TFEU, their neighbouring ACP and non ACP states and territories. In order to achieve that objective, the Union shall improve coordination and synergies between the relevant Union programmes. The Union shall also endeavour to associate OCTs in its instances of dialogue with their neighbouring countries, whether they are ACP or non-ACP States or territories, and with the outermost regions, where appropriate.

3.  The association aims at supporting cooperation between the OCTs and other partners in the areas of cooperation set out in Parts II and III of this Decision. In that respect, the objective of the association is to promote the cooperation between the OCTs and the outermost regions, referred to in Article 349 TFEU, their neighbouring ACP and non ACP states and territories. In order to achieve that objective, the Union shall improve coordination and synergies between the relevant Union programmes. The Union shall associate OCTs in its instances of dialogue with their neighbouring countries, whether they are ACP or non-ACP States or territories, and with the outermost regions, where appropriate, by offering them observer status.

Amendment    26

Proposal for a decision

Article 7 – paragraphe 4 – point a bis (nouveau)

Text proposed by the Commission

Amendment

 

(aa)  building the capacity of the OCTs to influence the adoption of regional strategies which take account of their specific characteristics, their potential and their European perspective;

Amendment    27

Proposal for a decision

Article 9 – title

Text proposed by the Commission

Amendment

Specific treatment

Specific treatment for isolated OCTs

Amendment    28

Proposal for a decision

Article 9 a (new)

Text proposed by the Commission

Amendment

 

Article 9a

 

Specific treatment for the least developed OCTs

 

1. The association shall take into account the diversity of the OCTs in terms of their level of development and structural constraints.

 

2. Specific treatment shall be laid down for the least developed OCTs.

 

3. In order to enable the least developed OCTs to catch up and to address their permanent structural constraints, due account shall be taken of their specific characteristics when determining the volume of financial assistance and the conditions attached to it.

 

4. The OCT regarded as the least developed is Wallis and Futuna.

Amendment    29

Proposal for a decision

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

1.  The association shall be based on a broad dialogue and consultations on issues of mutual interest between the OCTs, the Member States to which they are linked and the Commission, and, if appropriate, the European Investment Bank (EIB).

1.  The association shall be based on a broad dialogue and consultations on issues of mutual interest between the OCTs, the Member States to which they are linked, the Commission and the European Parliament, and, if appropriate, the European Investment Bank (EIB).

Amendment    30

Proposal for a decision

Article 12 – title

Text proposed by the Commission

Amendment

Responsibilities of the non-governmental actors

Responsibilities of civil society and of the non-governmental actors

Amendment    31

Proposal for a decision

Article 12 – paragraph 1

Text proposed by the Commission

Amendment

1.  Non-governmental actors may play a role in the exchange of information and consultations concerning the cooperation, and in particular for the preparation and implementation of cooperation assistance, projects or programmes. They may receive a delegation of financial management powers for implementing such projects or programmes for the purpose of supporting local development initiatives.

1.  Civil society, the private sector and non-governmental actors may play a role in the exchange of information and consultations concerning the cooperation, and in particular for the preparation and implementation of cooperation assistance, projects or programmes. They may receive a delegation of financial management powers for implementing such projects or programmes for the purpose of supporting local development initiatives.

Amendment    32

Proposal for a decision

Article 13 – paragraph 3

Text proposed by the Commission

Amendment

3.  The dialogue shall enable the OCTs to take a full part in the implementation of the association.

3.  The dialogue shall enable the OCTs to take a full part in the implementation of the association, and also in the definition and implementation of the European Union’s regional strategies in the areas in which the OCTs are located.

Amendment    33

Proposal for a decision

Article 13 – paragraph 4

Text proposed by the Commission

Amendment

4.  The dialogue shall focus, inter alia, on specific political issues of mutual concern or of general significance for the attainment of the objectives of the association.

4.  The dialogue shall focus, inter alia, on specific political issues of mutual concern or of general significance for the attainment both of the objectives of the association and of the Sustainable Development Goals.

Amendment    34

Proposal for a decision

Article 13 – paragraph 5

Text proposed by the Commission

Amendment

5.  The dialogue with Greenland shall, in particular, provide the basis for broad cooperation and dialogue in areas concerning, inter alia, energy, climate change and environment, natural resources, including raw materials and fish stocks, maritime transport, research and innovation, as well as the Arctic dimension of those issues.

5.  The dialogue with Greenland shall, in particular, provide the basis for broad cooperation and dialogue in areas concerning, inter alia, education, energy, climate change and environment, nature, natural resources, including raw materials and fish stocks, maritime transport, research and innovation, as well as the Arctic dimension of those issues.

Amendment    35

Proposal for a decision

Article 13 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

 

5a.  The dialogue with the Caribbean OCTs shall, in particular, serve to strengthen the European strategy in the Caribbean region and to foster cooperation on issues relating to biodiversity, climate change, sustainable resource management and disaster-risk prevention and management and the social dimension, as well as on promoting good governance, in particular in the area of taxation and the combating of organised crime.

Amendment    36

Proposal for a decision

Article 13 – paragraph 5 b (new)

Text proposed by the Commission

Amendment

 

5b.  The dialogue with the Pacific OCTs shall, in particular, serve to define and implement an ambitious European strategy in the Pacific region through a strengthening of the European presence, and to foster cooperation on issues such as sustainable marine and terrestrial resource management, climate change, energy, the environment and the blue economy.

Amendment    37

Proposal for a decision

Article 14 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  an OCTs-EU forum for dialogue (the ‘OCT-EU Forum’), shall meet annually to bring together OCTs' authorities, representatives of the Member States and the Commission. Members of the European Parliament, representatives of the EIB, and representatives of the outermost regions shall, where appropriate, be associated with the OCTs-EU Forum;

(a)  an OCTs-EU forum for political dialogue (the ‘OCT-EU Forum’), shall meet annually to bring together OCTs' authorities, representatives of the Member States, the Commission, the Council Presidency and the European Parliament. The association of OCTs (OCTA), representatives of the EIB, representatives of the outermost regions and representatives of third countries or territories neighbouring OCTs shall, where appropriate, be associated with the OCTs-EU Forum;

Amendment    38

Proposal for a decision

Article 14 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b)  on a regular basis, the Commission, the OCTs and the Member States to which they are linked shall hold trilateral consultations. These consultations shall be organised at least three times a year on the initiative of the Commission or at the request of the OCTs and of the Member States to which they are linked;

(b)  on a regular basis, the Commission, the OCTs and the Member States to which they are linked shall hold trilateral consultations. These consultations shall be organised at least four times a year on the initiative of the Commission or at the request of the OCTs and of the Member States to which they are linked;

Amendment    39

Proposal for a decision

Part II – Chapter 1 – title

Text proposed by the Commission

Amendment

ENVIRONMENTAL ISSUES, CLIMATE CHANGE, OCEANS AND DISASTER REDUCTION

ENVIRONMENTAL ISSUES, CLIMATE CHANGE, OCEANS AND DISASTER RISK REDUCTION

Amendment    40

Proposal for a decision

Article 15 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

In the context of the association, cooperation in the field of environment, climate change and disaster risk reduction may concern:

In the context of the association, cooperation in the field of environment, climate change, disaster risk reduction and strengthening resilience may concern:

Amendment    41

Proposal for a decision

Article 15 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c)  the promotion of sustainable resource use and resource efficiency, and encouragement to the decoupling of economic growth from environmental degradation; and

(c)  the promotion of sustainable resource use and resource efficiency, with a view to achieving a low carbon economy based on fair transition strategies; and

Amendment    42

Proposal for a decision

Article 16 – paragraph 1 – point e a (new)

Text proposed by the Commission

Amendment

 

(ea)  addressing issues linked to land degradation, including rising sea levels and soil contamination;

Amendment    43

Proposal for a decision

Article 17 – paragraph 1

Text proposed by the Commission

Amendment

In the context of the association, cooperation in the field of sustainable forest management may concern the promotion of the conservation and sustainable management of forests, including their role in the conservation of the environment from erosion and desertification control, afforestation and management of timber exports.

In the context of the association, cooperation in the field of sustainable forest management may concern the promotion of the conservation and sustainable management of forests, including their role in the conservation of the environment from erosion and desertification control, afforestation and management of timber exports and combating illegal logging.

Amendment    44

Proposal for a decision

Article 18 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b)  conciliation of economic and social activities such as fisheries and aquaculture, tourism, maritime transports and agriculture with the potential of marine and coastal zones in terms of renewable energy, raw materials, whilst taking into account impacts of climate change and human activities.

(b)  conciliation of economic and social activities such as fisheries and aquaculture, tourism, maritime transports and sustainable agriculture with the potential of marine and coastal zones in terms of renewable energy, raw materials, whilst taking into account impacts of climate change and human activities.

Amendment    45

Proposal for a decision

Article 23 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c)  the development and strengthening of environmental protection;

(c)  the development and strengthening of human rights and social and environmental protection;

Amendment    46

Proposal for a decision

Article 24 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b)  contributing to partners countries' efforts to pursue their commitments on climate change in line with the Paris Agreement on Climate Change;

(b)  contributing to partners countries' efforts to pursue their commitments on climate change in line with the Paris Agreement on Climate Change and the Sustainable Development Goals;

Amendment    47

Proposal for a decision

Part II – Chapter 4 – title

Text proposed by the Commission

Amendment

YOUTH, EDUCATION, TRAINING, HEALTH, EMPLOYMENT, SOCIAL SECURITY, FOOD SAFETY AND FOOD SECURITY

YOUTH, WOMEN, EDUCATION, TRAINING, HEALTH, EMPLOYMENT, SOCIAL SECURITY, FOOD SAFETY AND FOOD SECURITY

Amendment    48

Proposal for a decision

Article 32 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a.  The Union and the OCTs shall cooperate to ensure that young people are actively involved in the labour market, in order to tackle youth unemployment.

Amendment    49

Proposal for a decision

Article 32 a (new)

Text proposed by the Commission

Amendment

 

Article 32a

 

Equality between men and women

 

1. The Union shall seek to promote equality and equity between men and women in the OCTs, as well as the empowerment of women and equal political and economic opportunities for women.

 

2. The association shall seek to protect the rights of women and girls, including against all forms of violence.

 

3. The association shall also sek to protect the empowerment of women, particularly as regards the role they play in sustainable development and in the economy and finance.

 

All initiatives shall incorporate the gender dimension.

Amendment    50

Proposal for a decision

Article 33 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b)  the support to the OCTs in defining and implementing education and vocational training policies.

(b)  the support to the OCTs in defining and implementing education and vocational training policies; and

Amendment    51

Proposal for a decision

Article 33 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba)  the support of the participation in and access of the OCTs to the Erasmus+ programme, by fostering and increasing the mobility of its potential beneficiaries from and to the OCTs;

Amendment    52

Proposal for a decision

Article 38 – title

Text proposed by the Commission

Amendment

Performing arts

Fine arts

Amendment    53

Proposal for a decision

Article 38 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

In the context of the association, cooperation in the field of performing arts may concern:

In the context of the association, cooperation in the field of fine arts may concern:

Amendment    54

Proposal for a decision

Article 38 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  the facilitation of increased contacts between practitioners of performing arts in areas such as professional exchanges and training including participation in auditions, development of networks and promotion of networking;

(a)  the facilitation of increased contacts between practitioners of fine arts in areas such as professional exchanges and training including participation in auditions, development of networks and promotion of networking through the provision of adequate financial support;

Amendment    55

Proposal for a decision

Article 38 – paragraph 1 – point a a (new)

Text proposed by the Commission

Amendment

 

(aa)  the promotion of OCT artistic productions in the Union;

Amendment    56

Proposal for a decision

Article 39 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

In the context of the association, cooperation in the field of tangible and intangible cultural heritage and historic monuments aims at allowing the promotion of exchanges of expertise and best practices through:

In the context of the association, cooperation in the field of tangible and intangible cultural heritage and historic monuments aims at allowing the promotion of exchanges of expertise and best practices and optimising the potential of such sites on a sustainable basis through:

Amendment    57

Proposal for a decision

Article 39 – paragraph 1 – point d a (new)

Text proposed by the Commission

Amendment

 

(da)  Improving knowledge of and the preservation and restoration of OCT tangible and intangible cultural heritage;

Amendment    58

Proposal for a decision

Part II – Chapter 6 – title

Text proposed by the Commission

Amendment

FIGHT AGAINST ORGANISED CRIME

PROMOTION OF THE RULE OF LAW

Amendment    59

Proposal for a decision

Article -41 (new)

Text proposed by the Commission

Amendment

 

Article -41

 

Promotion of the rule of law

 

1. The association shall seek to promote the principles of democracy, the rule of law and respect for the human rights and fundamental freedoms on which it is founded, through dialogue and cooperation between the Union and the OCTs.

 

2. The OCTs, as outposts of the Union, are major players in disseminating the values and principles of the Union in their respective regions.

Amendment    60

Proposal for a decision

Article 41 – title

Text proposed by the Commission

Amendment

Fight against organised crime, trafficking in human beings, child sexual abuse and sexual exploitation, terrorism and corruption

Fight against and prevention of organised crime, trafficking in human beings, child sexual abuse and sexual exploitation, terrorism and corruption

Amendment    61

Proposal for a decision

Article 41 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1.  In the context of the association, cooperation in the field of organised crime may include:

1.  In the context of the association, cooperation in the field of organised crime and its prevention may include:

Amendment    62

Proposal for a decision

Article 42 a (new)

Text proposed by the Commission

Amendment

 

Article 42a

 

Negotiation of trade agreements with third countries

 

Where the negotiation of a trade or fisheries agreement with third countries causes or threatens to cause serious harm to regional integration or to sensitive sectors in the OCTs, the Commission shall carry out an impact assessment, taking into consideration the cumulative impact of trade agreements on OCT economies. When completed, the Commission shall forward the results of this assessment to the European Parliament, the Council and the governmental and local authorities of the OCTs prior to the conclusion of the international agreements in question.

Amendment    63

Proposal for a decision

Article 53 – paragraph 2

Text proposed by the Commission

Amendment

2.  Trade-related cooperation shall aim to support the ultimate objectives of the United Nations Framework Convention on Climate Change (UNFCCC) and the implementation of the Paris Agreement. It may also extend to cooperation on other trade related multilateral environmental agreements, such as the Convention on Trade in Endangered Species.

2.  Trade-related cooperation shall aim to support the ultimate objectives of the United Nations Framework Convention on Climate Change (UNFCCC), the implementation of the Paris Agreement and the Sustainable Development Goals. It may also extend to cooperation on other trade related multilateral environmental agreements, such as the Convention on Trade in Endangered Species.

Amendment    64

Proposal for a decision

Article 59 – paragraph 1 – point 4

Text proposed by the Commission

Amendment

4.  aid granted through state resources by an OCT which distorts or threatens to distort competition by favouring certain undertakings in so far as it has a significant negative effect on trade or investment.

deleted

Amendment    65

Proposal for a decision

Article 70 – paragraph 1

Text proposed by the Commission

Amendment

The Union and the OCTs shall make their best endeavours to ensure that internationally agreed standards for regulation and supervision in the financial services sector and for the fight against tax evasion and avoidance are implemented and applied in their territory. Such internationally agreed standards are, inter alia, the Basel Committee’s ‘Core Principle for Effective Banking Supervision’, the International Association of Insurance Supervisors’ ‘Insurance Core Principles’, the International Organisation of Securities Commissions’ ‘Objectives and Principles of Securities Regulation’, the OECD’s ‘Agreement on exchange of information on tax matters’, the G20 ‘Statement on Transparency and exchange of information for tax purposes’, the Financial Stability Board’s ‘Key Attributes of Effective Resolution Regimes for Financial Institutions.

The Union and the OCTs shall make their best endeavours to ensure that internationally agreed standards for regulation and supervision in the financial services sector and for the fight against tax fraud, tax evasion and tax avoidance are implemented and applied in their territory. Such internationally agreed standards are, inter alia, the Basel Committee’s ‘Core Principle for Effective Banking Supervision’, the International Association of Insurance Supervisors’ ‘Insurance Core Principles’, the International Organisation of Securities Commissions’ ‘Objectives and Principles of Securities Regulation’, the OECD’s ‘Agreement on exchange of information on tax matters’, the G20 ‘Statement on Transparency and exchange of information for tax purposes’, the Financial Stability Board’s ‘Key Attributes of Effective Resolution Regimes for Financial Institutions or the United Nations Convention against Transnational Organised Crime and the protocols thereto.

Amendment    66

Proposal for a decision

Article 72 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  adequate financial resources and appropriate technical assistance aimed at strengthening the OCTs’ capacities to formulate and implement strategic and regulatory frameworks;

(a)  adequate financial resources and appropriate technical assistance under this Decision aimed at strengthening the OCTs’ capacities to formulate and implement strategic and regulatory frameworks;

Amendment    67

Proposal for a decision

Article 72 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b)  long term financing to promote private sector growth;

(b)  long term financing under this Decision to promote private sector growth;

Amendment    68

Proposal for a decision

Article 72 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c)  where appropriate, other Union Programmes may contribute to actions established under this Decision, provided that the contributions do not cover the same costs. This Decision may also contribute to measures established under other Union Programmes, provided that the contributions do not cover the same costs. In such cases, the work programme covering those actions shall establish which set of rules shall be applicable.

(c)  additional financing through other Union Programmes to contribute to actions established under this Decision, provided that the contributions do not cover the same costs. In such cases, the work programme covering those actions shall establish which set of rules shall be applicable.

Amendment    69

Proposal for a decision

Article 72 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

This Decision may also contribute to measures established under other Union programmes, provided that the contributions do not cover the same costs. In such cases, the work programme covering those actions shall specify which set of rules applies.

Amendment    70

Proposal for a decision

Article 73 – paragraph 1

Text proposed by the Commission

Amendment

1.  The financial envelope for the Programme for the period 2021-2027 shall be set at EUR 500 000 000 in current prices.

1.  The financial envelope for the Programme for the period 2021-2027 shall be set at EUR 669 000 000 in current prices.

Amendment    71

Proposal for a decision

Article 74 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  ‘programmable aid’ means the non-repayable aid allocated to the OCTs in order to finance territorial, regional and intra-regional strategies and priorities set out in programming documents;

(a)  ‘programmable aid’ means the non-repayable aid allocated to the OCTs in order to finance territorial, regional and intra-regional strategies and priorities, where appropriate set out in programming documents;

Amendment    72

Proposal for a decision

Article 74 – paragraph 1 – point g

Text proposed by the Commission

Amendment

(g)  ‘intra-regional allocation’ means an amount - within the regional allocation - allocated for the programmable aid in order to finance intra-regional cooperation strategies and priorities involving at least one OCT and one or more outermost regions referred to in Article 349 TFEU and/or one or more ACP States and/or one or more non-ACP States or territories.

(g)  ‘intra-regional allocation’ means an amount - within the regional allocation - allocated for the programmable aid in order to finance intra-regional cooperation strategies and priorities involving the bodies referred to in Article 82 of this Decision.

Amendment    73

Proposal for a decision

Article 74-a (new)

Text proposed by the Commission

Amendment

 

Article 74a

 

General principle

 

Unless otherwise specified in this Decision, Union financial assistance shall be implemented in accordance with Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council1a (Financial Regulation) and with the objectives and principles of this Decision.

 

___________________

 

1a Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014 and (EU) No 283/2014 and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).

Amendment    74

Proposal for a decision

Article 75 – paragraph 3 – point a

Text proposed by the Commission

Amendment

(a)  be implemented with due regard to the OCTs respective geographical, social and cultural characteristics, as well as their specific potential;

(a)  be implemented with due regard to the OCTs’ respective demographic, geographical, economic and financial, environmental, social and cultural characteristics, as well as their specific potential;

Amendment    75

Proposal for a decision

Article 75 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

 

4a.  Union funding may be provided through the types of financing envisaged by the Financial Regulation, and in particular:

 

(a) grants;

 

(b) procurement contracts for services, supplies or works;

 

(c) budget support;

 

(d) contributions to trust funds set up by the Commission, in accordance with Article 234 of the Financial Regulation;

 

(e) financial instruments;

 

(f) budgetary guarantees;

 

(g) blending;

 

(i) financial assistance;

 

(j) remunerated external experts.

 

In the context of programmable aid, Union financial assistance shall mainly take the form of budget support for the OCTs.

 

Union financial assistance may also be provided, in accordance with the Financial Regulation, through contributions to international, regional or national funds, such as those established or managed by the EIB, by Member States, by partner countries and regions or by international organisations, with a view to attracting joint financing from a number of donors, or to funds set up by one or more donors for the purpose of the joint implementation of projects.

 

Union financial assistance shall be implemented by the Commission as provided for by the Financial Regulation, directly by Commission departments, Union delegations and executive agencies, by shared management with Member States or indirectly by entrusting budget implementation tasks to the entities listed in the Financial Regulation. Those entities shall ensure consistency with the Union’s external policy and may entrust budget implementation tasks to other entities in accordance with conditions equivalent to those applying to the Commission.

 

Actions financed may be implemented by means of parallel or joint co-financing. In the case of parallel co-financing, an action is split into a number of clearly identifiable components which are each financed by the various partners providing co-financing in such a way that the end-use of the financing can always be identified. In the case of joint co-financing, the total cost of an action is shared between the partners providing the co-financing and the resources are pooled in such a way that it is no longer possible to identify the source of financing for any given activity undertaken as part of the action. In such cases, the ex post publication of grant agreements and procurement contracts, as referred to in Article 38 of the Financial Regulation, shall comply with the rules of the entrusted entity, where appropriate.

 

Union funding shall not generate or activate the collection of specific taxes, duties or charges.

Amendment    76

Proposal for a decision

Article 75-a (new)

Text proposed by the Commission

Amendment

 

Article 75a

 

Carry-overs, annual instalments, commitment appropriations, repayments and revenue generated by financial instruments

 

1.  In accordance also with Article 12(2) of the Financial Regulation, unused commitment and payment appropriations under this Decision shall be automatically carried over and may be committed up to 31 December of the following financial year. The carried-over amount shall be used first in the following financial year. The Commission shall inform the European Parliament and the Council of carried over commitment appropriations in keeping with Article 12(6) of the Financial Regulation.

 

2.  In addition to the rules laid down in Article 15 of the Financial Regulation on making appropriations available again, commitment appropriations corresponding to the amount of decommitments made as a result of total or partial non-implementation of an action under this Decision shall be made available again to the benefit of the budget line of origin. For the purposes of this Decision, references to Article 15 of the Financial Regulation in Article 12(1)(b) of the Regulation laying down the Multiannual Financial Framework shall be understood as including a reference to this paragraph.

 

3.  Budgetary commitments for actions extending over more than one financial year may be broken down over several years into annual instalments, in keeping with Article 112(2) of the Financial Regulation.

 

The third subparagraph of Article 114(2) of the Financial Regulation shall not apply to these multiannual actions. The Commission shall automatically decommit any portion of a budgetary commitment for an action that by 31 December of the fifth year following that of the budgetary commitment has not been used for the purpose of pre-financing or making interim payments or for which no certified statement of expenditure or any payment request has been submitted.

 

Paragraph 2 of this Article shall also apply to annual instalments.

Amendment    77

Proposal for a decision

Article 76 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b)  institutional development, capacity building and integration of environmental aspects;

(b)  institutional development, capacity building and integration of environmental, gender and good governance aspects;

Amendment    78

Proposal for a decision

Article 77 – paragraph 2

Text proposed by the Commission

Amendment

2.  The Union shall support the efforts of the OCTs in developing reliable statistical data regarding those areas.

2.  The Union shall support the efforts of the OCTs in developing reliable, publicly accessible statistical data regarding those areas.

Amendment    79

Proposal for a decision

Article 77 – paragraph 3

Text proposed by the Commission

Amendment

3.  The Union may support OCTs in their efforts to improve comparability of their macroeconomic indicators.

3.  The Union may support OCTs in their efforts to improve comparability of their macroeconomic indicators, in particular by facilitating analysis of the OCTs’ GDP expressed as purchasing power parity where available.

Amendment    80

Proposal for a decision

Article 78 – paragraph 1

Text proposed by the Commission

Amendment

1.  On the initiative of the Commission, Union financing may cover support expenditure for the implementation of the Decision and for the achievement of its objectives, including administrative support associated with the preparation, follow-up, monitoring, control, audit and evaluation activities necessary for such implementation, as well as expenditure at headquarters and Union delegations for the administrative support needed for the programme, and to manage operations financed under this Decision, including information and communication actions, and corporate information and technology systems.

1.  On the initiative of the Commission, Union financing may cover support expenditure for the implementation of the Decision and for the achievement of its objectives, including administrative support associated with the preparation, follow-up, monitoring, control, audit and evaluation activities necessary for such implementation.

Amendment    81

Proposal for a decision

Article 79

Text proposed by the Commission

Amendment

Article 79

deleted

General principle

 

Unless otherwise specified in this Decision, Union financial assistance shall be implemented in accordance with the objectives and principles of this Decision, the Financial Regulation, and [NDICI Regulation] in particular, Title II, Chapter I with the exception of Articles 13, 14(1), 14(4), and 15, Chapter III with the exception of Articles 21(1), 21(2) (a) and (b) and 21(3), and Chapter V with the exception of Articles 31(1), 31(4), 31(6), 31(9) and 32(3). The procedure laid down in Article 80 of this Decision shall not apply to the cases referred to in Article 21 (2) (c) of [NDICI Regulation].

 

Amendment    82

Proposal for a decision

Article 79 a (new)

Text proposed by the Commission

Amendment

 

Article 79a

 

Adoption of programming documents

 

1.  In the context of the partnership between the Union and the OCTs, the OCTs’ authorities shall be responsible for the formulation and adoption of sectoral policies in the main areas of cooperation referred to in Part II of this Decision and shall ensure appropriate follow-up.

 

On that basis, each OCT shall prepare and present a programming document for the sustainable development of its territory. The programming document shall provide a coherent framework for cooperation between the Union and the OCT concerned that is consistent with the overall purpose and scope, objectives, principles and policies of the Union.

 

Each programming document shall set out:

 

- a brief presentation of the OCT’s political, economic, social, cultural and environmental context;

 

- a brief description of the OCT’s sustainable development strategy (Agenda 2030), identifying the priorities for the OCT and how it intends to contribute to achieving the Sustainable Development Goals;

 

- the priority areas for Union financing;

 

- the specific objectives;

 

- the expected results;

 

- clear and specific performance indicators;

 

- the indicative financial allocations, both overall and per priority area;

 

- an indicative timetable.

 

2.  The programming document shall build on experience and best practices and shall be based on consultations and dialogue with civil society, local authorities and other actors in order to ensure that they are properly involved and that due account is subsequently taken of the indicative programming document.

 

3.  A draft programming document shall be the subject of an exchange of views between the authorities of each OCT, the Member State to which they are linked and the Commission. The authorities in each OCT shall be responsible for finalising the programming document. The Commission shall lay down guidelines specifying the programming arrangements for the OCTs in such a way that the programming documents can be rapidly approved.

 

4.  Once finalised, the programming document shall be assessed by the Commission to determine whether it is consistent with the aims of this Decision and with the relevant Union policies, and whether it contains all the elements required to adopt the annual financing decision. The OCTs’ authorities shall provide all the necessary information, including the results of any feasibility studies, for that assessment.

 

5.  The programming document shall be approved in accordance with the examination procedure referred to in Article 88(5) of this Decision.

 

That procedure shall also apply to substantial reviews which have the effect of modifying significantly the strategy or its programming.

 

The examination procedure shall not apply to non-substantial modifications to the indicative programming document, such as technical adjustments, reassigning funds within the indicative allocations per priority area, or increasing or decreasing the size of the initial indicative allocation by less than 20%, provided that such modifications do not affect the priority areas and objectives set out in the indicative programming document. The Commission shall communicate such non-substantial modifications to the European Parliament and to the Council within one month of the date of adoption of the relevant decision.

Amendment    83

Proposal for a decision

Article 79 b (new)

Text proposed by the Commission

Amendment

 

Article 79b

 

Action plans and measures

 

1.  The Commission shall adopt annual or multiannual action plans or measures. Measures may take the form of individual measures, special measures, support measures or exceptional assistance measures. Action plans and measures shall specify for each action the objectives pursued, the expected results and main activities, the methods of implementation, the budget and any associated support expenditure.

 

2.  Action plans shall be based on programming documents.

 

3.  Action plans and measures shall be adopted in accordance with the examination procedure referred to in Article 88(5) of this Decision. The procedure referred to in paragraph 1 shall not be required for:

 

(a) action plans, individual measures and support measures for which Union funding does not exceed EUR 10 million;

 

(b) technical modifications, provided such modifications do not substantially affect the objectives of the action plan or measure concerned, such as:

 

(i) a change of implementation method;

 

(ii) reassignments of funds between actions contained in an action plan;

 

(iii) increases or reductions in the budget for action plans and measures of not more than 20% of the initial budget and not exceeding EUR 10 million.

 

In the case of multiannual action plans and measures, the thresholds referred to in paragraph (3)(a) and (b)(iii) shall be applicable on a yearly basis. When adopted in accordance with this paragraph, action plans and measures, excluding exceptional assistance measures, and technical modifications shall be communicated to the European Parliament and to the Member States within one month of their adoption.

 

4.  Before adopting or extending exceptional assistance measures involving amounts not exceeding EUR 20 million, the Commission shall inform the Council of their nature and objectives and of the financial amounts envisaged. The Commission shall inform the Council before making significant substantive changes to exceptional assistance measures already adopted. The Commission shall take account of the relevant Council policy approach in connection with the planning and subsequent implementation of such measures, in the interests of consistency of the Union’s external action. The Commission shall keep the European Parliament duly informed, in a timely manner, about the planning and implementation of exceptional assistance measures pursuant to this Article, including the financial amounts envisaged, and shall also inform the European Parliament when making substantial changes or extensions to that assistance.

 

5.  On duly justified imperative grounds of urgency, such as crises resulting from natural or man-made disasters or immediate threats to democracy, the rule of law, human rights or fundamental freedoms, the Commission may adopt action plans and measures or modifications to existing action plans and measures in accordance with the procedure referred to in Article 88(5).

Amendment    84

Proposal for a decision

Article 80

Text proposed by the Commission

Amendment

Article 80

deleted

Adoption of multiannual indicative programmes, action plans and measures

 

The Commission shall adopt, under this Decision, in the form of ‘single programming documents’, multiannual indicative programmes as referred to in Article 12 of [NDICI Regulation] together with the corresponding action plans and measures referred to in Article 19 of [NDICI Regulation] in accordance with the examination procedure referred to in Article 88(5) of this Decision. That procedure shall also apply to reviews referred to in Article 14 (3) of [NDICI Regulation] which have the effect of significantly modifying the content of the multiannual indicative programme.

 

In the case of Greenland, action plans and measures as referred to in article 19 of [NDICI Regulation] may be adopted separately from the multiannual indicative programmes.

 

Amendment    85

Proposal for a decision

Article 81 – paragraph 1

Text proposed by the Commission

Amendment

1.  The OCTs public authorities shall be eligible for financial support provided for in this Decision.

1.  The public authorities of all the OCTs shall be eligible for financial support provided for in this Decision.

Amendment    86

Proposal for a decision

Article 81 – paragraph 2 – point e

Text proposed by the Commission

Amendment

(e)  actors of decentralised cooperation and other non-governmental actors from OCTs and from the Union, to enable them to undertake economic, cultural, social and educational projects and programmes in the OCTs in the framework of decentralised cooperation, as referred to in Article 12 of this Decision.

(e)  actors of decentralised cooperation and other non-governmental actors from OCTs and from the Union, to enable them to undertake economic, environmental, cultural, social and educational projects and programmes in the OCTs in the framework of decentralised cooperation, as referred to in Article 12 of this Decision.

Amendment    87

Proposal for a decision

Article 1 – paragraph 1 – point c – subpoint iii

Text proposed by the Commission

Amendment

(iii)  one or more regional bodies of which OCTs are members;

(iii)  one or more regional bodies or associations of which OCTs are members;

Amendment    88

Proposal for a decision

Article 83 – paragraph 1

Text proposed by the Commission

Amendment

1.  Natural persons from an OCT, as defined in Article 50, and, where applicable, the relevant public and/or private bodies and institutions in an OCT, shall be eligible for participation in and funding from Union programmes, subject to the rules and objectives of the programmes and possible arrangements applicable to the Member State to which the OCT is linked.

1.  Natural persons from an OCT, as defined in Article 50, and, where applicable, the relevant public and/or private bodies and institutions in an OCT, shall be eligible for participation in all EU programmes, including the European Union Solidarity Fund and funding from Union programmes, subject to the rules and objectives of the programmes and possible arrangements applicable to the Member State to which the OCT is linked.

Amendment    89

Proposal for a decision

Article 83 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a.  The Commission shall ensure effective and efficient access for the OCTs to all Union programmes and cooperation instruments with other countries, providing for specific measures if necessary.

 

In addition, the Commission shall ensure the transparency of information and the visibility of calls for proposals launched under the various Union programmes through an up-to-date access portal dedicated to the OCTs.

Amendment    90

Proposal for a decision

Article 83 – paragraph 3

Text proposed by the Commission

Amendment

3.  The OCTs shall report to the Commission on this participation in the Union programmes, every year starting in 2022.

3.  On the basis of the information provided by the OCTs, the Commission shall draw up an annual report on their participation in Union programmes.

Amendment    91

Proposal for a decision

Article 86 – paragraph 2

Text proposed by the Commission

Amendment

To ensure effective assessment of progress of this Decision towards the achievement of its objectives, the Commission shall be empowered to adopt delegated acts in accordance with Article 87 in order to amend Article 3 of Annex I to review or complement the indicators where considered necessary and to supplement this Decision with provisions on the establishment of a monitoring and evaluation framework.

To ensure effective assessment of progress of this Decision towards the achievement of its objectives, the Commission shall be empowered to adopt delegated acts in accordance with Article 87 in order to determine the performance indicators provided for in Article 3 of Annex I or to review or complement them where considered necessary and to supplement this Decision with provisions on the establishment of a monitoring and evaluation framework.

Amendment    92

Proposal for a decision

Article 87 – paragraph 2

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 86 shall be conferred on the Commission for a period of five years from 1 January 2021. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the Council opposes such extension not later than three months before the end of each period.

2.  The power to adopt delegated acts referred to in Article 86 shall be conferred on the Commission for a period of five years from 1 January 2021. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the Council opposes such extension not later than three months before the end of each period. The Council shall inform the European Parliament of its decision.

Amendment    93

Proposal for a decision

Article 87 – paragraph 4

Text proposed by the Commission

Amendment

4.  As soon as it adopts a delegated act, the Commission shall notify it to the Council.

4.  As soon as it adopts a delegated act, the Commission shall notify it to the Council and to the European Parliament.

Amendment    94

Proposal for a decision

Article 87 – paragraph 5

Text proposed by the Commission

Amendment

5.  A delegated act adopted pursuant to Article 86 shall enter into force only if no objection has been expressed by the Council within a period of two months of notification of the act to the Council or if, before the expiry of that period, the Council has informed the Commission that it will not object. That period shall be extended by two months at the initiative of the Council.

5.  A delegated act adopted pursuant to Article 86 shall enter into force only if no objection has been expressed by the Council within a period of two months of notification of the act to the Council or if, before the expiry of that period, the Council has informed the Commission that it will not object. That period shall be extended by two months at the initiative of the Council. If the Council intends to object, it shall inform the European Parliament a reasonable time before it takes the final decision, specifying the delegated act to which it intends to object and the reasons for its objection.

Amendment    95

Proposal for a decision

Article 90 – paragraph 1

Text proposed by the Commission

Amendment

This Decision shall apply in accordance with Council Decision 2010/427/EU46 .

The High Representative of the Union for Foreign Affairs and Security Policy shall be responsible for the overall political coordination of the Union’s external action, ensuring the unity, consistency and effectiveness thereof.

__________________

 

46 Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service, OJ L 201, 3.8.2010, p. 30.

 

Amendment    96

Proposal for a decision

Article 92 – paragraph 2

Text proposed by the Commission

Amendment

It shall apply from 1 January 2021.

It shall apply from 1 January 2021 and shall expire on 31 December 2027.

Amendment    97

Proposal for a decision

Annex I – Article 1 – point 1 – introductory part

Text proposed by the Commission

Amendment

1.  For the purposes of this Decision, for the seven-year period from 1 January 2021 to 31 December 2027, the overall amount of the Union financial assistance of EUR 500 000 000 in current prices shall be allocated as follows:

1.  For the purposes of this Decision, for the seven-year period from 1 January 2021 to 31 December 2027, the overall amount of the Union financial assistance of EUR 669 000 000 in current prices shall be allocated as follows:

Amendment    98

Proposal for a decision

Annex I – Article – point 1 – point a

Text proposed by the Commission

Amendment

(a)  EUR 159 000 000 in the form of grants for bilateral programmable support for long-term development of OCTs other than Greenland, in particular to finance the initiatives referred to in the programming document. This amount shall be allocated on the basis of the needs and performance of the OCTs in accordance with the following criteria: where appropriate, the programming document shall pay particular attention to actions aimed at strengthening governance and the institutional capacities of the beneficiary OCTs and, where relevant, the likely timetable of the envisaged actions. The allocation of this amount shall take into account the size of the population, the level of Gross Domestic Product (GDP), the level of previous allocations and constraints due to the geographical isolation of OCTs as mentioned in Article 9 of this Decision.

(a)  81% in the form of grants for bilateral programmable support for long-term development of all the OCTs, in particular to finance the initiatives referred to in the programming document.

 

This amount shall be allocated on the basis of the needs and performance of the OCTs in accordance with the following criteria: the size of the population, the level of Gross Domestic Product (GDP) based on GDP PPP if available, the level of previous allocations, constraints due to the geographical isolation of the OCTs as referred to in Article 9 of this Decision, the low level of development of the OCTs referred to in Article 9a of this Decision, the size of the territories and the climate and environmental challenges.

 

4% for Aruba

 

1.5% for Bonaire

 

5% for Curaçao

 

48% for Greenland

 

10.75% for New Caledonia

 

10.85% for French Polynesia

 

1.2% for Saba

 

2% for Saint Barthélémy

 

0.8% for Sint Eustatius

 

7.5% for Saint Pierre and Miquelon

 

2.5% for Sint Maarten

 

0.4% for the French Southern and Antarctic Territories

 

5.5% for Wallis and Futuna

Amendment    99

Proposal for a decision

Annex I – Article – point 1 – point b

Text proposed by the Commission

Amendment

(b)  EUR 225 000 000 in the form of grant for the bilateral programmable support for long term development of Greenland in particular to finance the initiative referred to in the programming document.

deleted

Amendment    100

Proposal for a decision

Annex I – Article – point 1 – point c

Text proposed by the Commission

Amendment

(c)  EUR 81 000 000 shall be allocated to support OCT regional programmes of which EUR 15 000 000 could support intra-regional operations, Greenland being eligible only for the intra-regional operations. This cooperation will be implemented in coordination with Article 7 of this Decision, in particular regarding the areas of mutual interests referred to in Article 5 of this Decision and through consultation via the instances of the EU-OCTs partnership referred to in Article 14 of this Decision. It shall seek coordination with other relevant Union financial programmes and instruments and in particular the outermost regions referred to in Article 349 TFEU.

(c)  12% shall be allocated to support OCT regional programmes of which EUR 30 000 000 could support intra-regional operations, Greenland being eligible only for the intra-regional operations. This cooperation will be implemented in coordination with Article 7 of this Decision, in particular regarding the areas of mutual interests referred to in Article 5 of this Decision and through consultation via the instances of the EU-OCTs partnership referred to in Article 14 of this Decision. It shall seek coordination with other relevant Union financial programmes and instruments and in particular the outermost regions referred to in Article 349 TFEU.

Amendment    101

Proposal for a decision

Annex I – Article – point 1 – point d

Text proposed by the Commission

Amendment

(d)  EUR 22 000 000 for studies or technical assistance measures for all the OCTs including Greenland, in accordance with Article 78 of this Decision49.

(d)  3.5% for studies or technical assistance measures for all the OCTs including Greenland, in accordance with Article 78 of this Decision.

__________________

 

49 Out of this amount, 9 725 000 EUR are reserved for the Commission to cover technical and/or administrative assistance and expenditure in support of the implementation of the EU programmes and/or actions, indirect research, direct research.

 

Amendment    102

Proposal for a decision

Annex I – paragraph 1 – point 1 – point 2.1 – introductory part

Text proposed by the Commission

Amendment

(e)  EUR 13 000 000 to a non-allocated fund for all the OCTs including Greenland to inter alia:

(e)  3.5% to a non-allocated fund for all the OCTs including Greenland to inter alia:

Amendment    103

Proposal for a decision

Annex I – paragraph 1 – point 2

Text proposed by the Commission

Amendment

2.  The Commission, following a review, may decide on the allocation of any non-allocated funds mentioned in this Article.

2.  The Commission, following a review carried out before 2025, may decide, after consulting the Member States and the European Parliament, on the allocation of any non-allocated funds mentioned in this Article.

Amendment    104

Proposal for a decision

Annex I – Article 3 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

The achievement of the objectives set out in Article 3.5 of the Decision shall be measured by:

In keeping with the Sustainable Development Goals, a list of key performance indicators shall be developed in accordance with the procedure provided for in Article 86 and used to help assess the extent to which the Union has contributed to the achievement of the objectives set out in Article 3(5) of this Decision.

Amendment    105

Proposal for a decision

Annex I – Article 3 – paragraph 1 – point 1

Text proposed by the Commission

Amendment

1.  For OCTs, except Greenland, exports of goods and services as % of GDP and total Government revenue as % of GDP.

deleted

Amendment    106

Proposal for a decision

Annex I – Article 3 – paragraph 1 – point 2

Text proposed by the Commission

Amendment

2.  For Greenland, exports of goods and services as % of GDP and percentage of the fisheries sector in total exports.

deleted

EXPLANATORY STATEMENT

Overseas Countries and Territories (OCTs) have been associated with the European Union (EU) since the entry into force of the Treaty of Rome.

There are currently 25 OCTs, located in the Atlantic, Antarctic, Caribbean, Indian Ocean and Pacific regions. They are linked to four EU Member States: Denmark, France, the United Kingdom and the Netherlands.

In general, OCTs have wide-ranging autonomy, covering areas such as economic affairs, the employment market, public health, home affairs and customs. Defence and foreign affairs usually remain within the remit of the Member States. The OCTs are not part of the Union’s customs territory and are outside the internal market. Union legislation therefore does not apply. However, as nationals of a European Union Member State to which their countries and territories are constitutionally linked, the OCTs’ inhabitants hold European citizenship.

The current framework which applies to the 25 OCTs is the Overseas Association Decision (OAD) 2013/755/EU of 25 November 2013, which outlines the special relationship that OCTs have with the EU as part of the ‘EU family’ and the specific legal framework applicable.

The main funding source for the current OAD is the 11th European Development Fund (EDF), covering the programming and funding of territorial and regional programmes for OCTs other than Greenland, for which there is a specific decision funded from the EU budget.

In view of the United Kingdom’s withdrawal from the European Union on 29 March 2019, and the 2021-2027 multiannual financial framework, the Commission proposed a new OAD for a Union of 27 Member States on 14 June 2018. It therefore covers 13 OCTs linked to three Member States: Denmark, France and the Netherlands.

This new OAD merges the current OAD and the Greenland Decision, both of which are based on Article 203 TFEU. Furthermore, the proposal for a new OAD ‘budgetises’ the funding allocated to the OCTs by allocating a budget of EUR 500 million drawn from the new ‘Neighbourhood and the World’ budget heading.

Your rapporteur warmly welcomes the proposal for a new OAD as it responds to Parliament’s requests for a unified regime for all OCTs as well as a financial instrument specific to the OCTs which is part of the European Union budget.

Your rapporteur would like to thank the Commission for the high-quality work it has carried out to simplify and make coherent the legal framework applicable to the OCTs, to strengthen the management unit and to ensure greater visibility for the OCTs as a group.

However, following the exchanges he has had with civil society and OCT representatives, your rapporteur would nevertheless like the new OAD to take into account the following elements:

1. Strengthening the political dialogue between the OCTs and the EU

It is important for the political dimension of the association between the EU and the OCTs to be strengthened. In terms of governance, this includes participation by the Council Presidency and the European Parliament in discussion forums, in particular the annual OCT/EU FORUM, and an increased role for Parliament in the partnership in general.

Your rapporteur also sees a need for increased dialogue between the EU and the OCTs on cooperation and regional integration issues. In addition to the close dialogue on Arctic issues provided for in Article 13 of the new OAD, your rapporteur calls on the EU to strengthen its presence in the Caribbean and Pacific by involving its OCTs in defining and implementing its regional strategies. This reflects the positions expressed by Parliament on the post-Cotonou period and the need for stronger dialogue with the three regions, including the Caribbean and the Pacific, which include the OCTs present.

2. An instrument tailored to the specific characteristics of the OCTs with adapted programming rules

Your rapporteur welcomes the Commission’s proposal, which creates a dedicated instrument for the OCTs that will take better account of their specific characteristics.

However, the reference to the rules of the proposal for a regulation establishing the Neighbourhood, Development and International Cooperation Instrument (NDICI), while providing for numerous exceptions makes it difficult to read and does not meet the transparency and simplification objectives of the Interinstitutional Agreement on Better Law-Making.

Your rapporteur therefore calls for the programming rules to be included directly in the new OAD by taking over the rules proposed in the NDICI applicable to the OCTs and recalling the principle that the Financial Regulation applies, except where specifically provided in the OAD.

The limited administrative and human capacities of the OCTs should also be recalled and reflected in the legislative proposal.

3. Better distribution of funds between OCTs based on clear criteria for greater transparency and enhanced democratic control

Annex 1 to the OAD sets out the financial breakdown of the EUR 500 million allocation as follows: EUR 225 million for Greenland, EUR 159 million for the other 12 OCTs, EUR 81 million for regional cooperation, EUR 22 million for technical assistance and EUR 13 million as a non-allocated amount.

The rapporteur has some strong criticisms concerning the proposed distribution. The European Parliament, as the joint budgetary authority and guarantor of the proper use of public funds, has repeatedly expressed its position on the need to exercise control over funds from the European budget.

Your rapporteur reiterates the position expressed by Parliament on the overall amount to be allocated to the OCTs in the context of the next Multiannual Financial Framework, some EUR 669 million instead of the EUR 500 million proposed by the Commission.

The general breakdown proposed by your rapporteur is as follows:

•  81% for territorial cooperation,

•  12% for regional cooperation, of which EUR 30 000 000 for intra-regional cooperation,

•  3.5% for technical assistance,

•  3.5% as non-allocated funds.

Your rapporteur is critical of the distribution proposed in the OAD between the OCTs, considering that the proposal is not based on objective and transparent criteria.

Your rapporteur would like the envelopes allocated to each OCT to be specified, not just the envelope for Greenland. He would draw attention to the fact that the 13 OCTs are eligible for territorial financing.

Your rapporteur proposes that the indicative amount of the envelope allocated to each OCT be expressed as a percentage in order not to prejudge the final level of the budget allocated to the OCTs in the OAD.

The proposed allocation takes into account the following objective elements: the size of the population, the level of GDP based on PPP if available, isolation (as provided for in Article 9 of the OAD), the level of development (addition of a new Article 9a in the OAD), the size of the territories and the climate and environmental challenges.

4. Detailed specific objectives and appropriate indicators

Your rapporteur would like the specific objectives of the association to be better defined in Article 3 so that appropriate indicators can be established by the Commission in accordance with the procedure laid down in Article 86 - delegated act.

Your rapporteur identifies four specific objectives, which take into account the particular situation of Greenland:

(1)  to support the OCTs in addressing the major challenges they face, including education for Greenland;

(2)  to strengthen the resilience of the OCTs by reducing their economic and environmental vulnerability;

(3)  to enhance the competitiveness of the OCTs;

(4)  to promote cooperation between the OCTs and other partners.

5. Effective participation of OCTs in Union programmes

Articles 72 and 83 specify that the OCTs also have access to additional funding through participation in Union programmes.

In order to make this participation effective, your rapporteur considers that the Commission should, if necessary, provide for specific measures to ensure the OCTs’ participation in Union programmes and facilitate access for such participation by establishing an up-to-date, dedicated gateway for the OCTs.

6. Taking account of sustainable development, gender and environmental goals

Given the OCTs’ rich biodiversity and their strong exposure to the effects of climate change, the EU needs to provide support for the OCTs in protecting their biodiversity and adapting to climate change.

Accordingly, the contribution of the programme to achieving climate objectives should be increased to 30% of the overall financial envelope, and a reference should be included to the Paris Agreements.

Similarly, the new OAD should provide more details on gender and non-discrimination issues and on compliance with the Sustainable Development Goals.

PROCEDURE – COMMITTEE RESPONSIBLE

Title

Association of the Overseas Countries and Territories with the European Union including relations between the European Union on the one hand, Greenland and the Kingdom of Denmark on the other ('Overseas Association Decision')

References

COM(2018)0461 – C8-0379/2018 – 2018/0244(CNS)

Date Parliament consulted

16.7.2018

 

 

 

Committee responsible

       Date announced in plenary

DEVE

10.9.2018

 

 

 

Committees asked for opinion(s)

       Date announced in plenary

BUDG

10.9.2018

EMPL

10.9.2018

ENVI

10.9.2018

PECH

10.9.2018

Not delivering opinions

       Date of decision

BUDG

28.6.2018

EMPL

12.7.2018

ENVI

21.6.2018

PECH

11.7.2018

Rapporteurs

       Date appointed

Maurice Ponga

10.8.2018

 

 

 

Discussed in committee

24.9.2018

20.11.2018

 

 

Date adopted

13.12.2018

 

 

 

Result of final vote

+:

–:

0:

17

1

0

Members present for the final vote

Enrique Guerrero Salom, Maria Heubuch, Teresa Jiménez-Becerril Barrio, Linda McAvan, Norbert Neuser, Maurice Ponga, Jean-Luc Schaffhauser, Elly Schlein, Bogusław Sonik, Eleni Theocharous, Mirja Vehkaperä, Joachim Zeller, Željana Zovko

Substitutes present for the final vote

Marina Albiol Guzmán, Frank Engel, Ádám Kósa

Substitutes under Rule 200(2) present for the final vote

Tilly Metz, Miguel Urbán Crespo

Date tabled

20.12.2018

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

17

+

ALDE

Mirja Vehkaperä

ECR

Eleni Theocharous

GUE/NGL

Marina Albiol Guzmán, Miguel Urbán Crespo

PPE

Frank Engel, Teresa Jiménez-Becerril Barrio, Ádám Kósa, Maurice Ponga, Bogusław Sonik, Joachim Zeller, Željana Zovko

S&D

Enrique Guerrero Salom, Linda McAvan, Norbert Neuser, Elly Schlein

VERTS/ALE

Maria Heubuch, Tilly Metz

1

-

ENF

Jean-Luc Schaffhauser

0

0

 

 

Key to symbols:

+  :  in favour

-  :  against

0  :  abstentions

Last updated: 22 January 2019
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