REPORT  on the proposal for a regulation of the European Parliament and of the Council laying down general provisions establishing a European Neighbourhood and Partnership Instrument

4.5.2006 - (COM(2004)0628 – C6‑0129/2004 – 2004/0219(COD))Committee on Foreign Affairs - ***I

Rapporteur: Konrad SzymańskiDraftsperson (*): Lambert van Nistelrooij, Committee on Regional Development (*) Enhanced cooperation between committees – Rule 47 of the Rules of Procedure

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DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council laying down general provisions establishing a European Neighbourhood and Partnership Instrument

(COM(2004)0628 – C6‑0129/2004 – 2004/0219(COD))

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2004)0628)[1],

–   having regard to Article 251(2) and Articles 179 and 181a of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6‑0129/2004),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Foreign Affairs and the opinions of the Committee on Regional Development, the Committee on Development, the Committee on International Trade, the Committee on Budgets, the Committee on Employment and Social Affairs, the Committee on Environment, Public Health and Food Safety, the Committee on Industry, Research and Energy, the Committee on Culture and Education and the Committee on Civil Liberties, Justice and Home Affairs (A6‑0164/2005),

1. Points out that the appropriations indicated in the legislative proposal beyond 2006 are subject to the decision on the next multi-annual financial framework;

2. Calls on the Commission, once the next financial framework is adopted, to present, if appropriate, a proposal to adjust the financial reference amount of the programme;

3.  Approves the Commission proposal as amended;

4.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

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

Text proposed by the Commission	Amendments by Parliament
Amendment 1 Recital 1 a (new)
	(1a) A new instrument, Regulation (EC) No .... on Community assistance to third countries for the promotion and protection of democracy and human rights, will be proposed.
Justification
The EP has approved in the Böge report the need of an additional instrument devoted to human rights promotion
Amendment 2 Recital 4
(4) The privileged relationship between the European Union and its neighbours will build on commitments to common values, including democracy, the rule of law, good governance and respect for human rights, and to the principles of market economy, free trade, sustainable development and poverty reduction.	(4) The privileged relationship between the European Union and its neighbours will build on commitments to common values, including democracy, the rule of law, good governance and respect for human rights and gender equality, and to the principles of market economy, solidarity, free and fair trade, sustainable human development, economic and social cohesion, poverty eradication, access to information and public participation.
Amendment 3 Recital 4 a (new)
	(4a) The formation, interpretation, application and implementation of all agreements and measures taken under this Instrument should accord with the acquis communautaire, the international conventions to which EU Member States are party and the provisions of general international law.
Justification
This clause aims to help ensure that the functioning of this Instrument remains coherent and consistent with the EU's values, policies, legal engagements, and its own rule of law.
Amendment 4 Recital 6
(6) Under the European Neighbourhood Policy, a set of priorities are defined together by the European Union and the partner countries, to be incorporated in a series of jointly agreed Action Plans, covering a number of key areas for specific action, including political dialogue and reform, trade and economic reform, equitable socio-economic development, justice and home affairs, energy, transport, information society, environment, research and innovation, and people‑to‑people contacts. Progress towards meeting these priorities will contribute to realising the full potential of the Partnership and Cooperation Agreements and the Association Agreements.	(6) Under the European Neighbourhood Policy, a set of priorities are defined together by the European Union and the partner countries, to be incorporated in a series of jointly agreed Action Plans, covering a number of key areas for specific action, including political dialogue and reform, trade and economic reform, equitable socio-economic development, justice and home affairs, energy, transport, information society, environment, research and innovation, the development of civil society and people‑to‑people contacts. Progress towards meeting these priorities will contribute to realising the full potential of the Partnership and Cooperation Agreements and the Association Agreements.
Amendment 5 Recital 6 a (new)
	(6a) Compliance with the rules of the World Trade Organization (WTO) and the implementation thereof by each partner country would constitute a significant contribution to commercial and economic reform. Moreover, WTO rules will be the starting point for the free‑trade agreements that must be concluded by 2010.
Justification
The EU must support its partner countries either in their efforts to join the WTO at an early date or in complying with their current obligations and the new rules resulting from the Doha Development Agenda.
Amendment 6 Recital 7
(7) In order to support the partner countries’ commitment to common values and principles and their efforts in the implementation of the action plans, the Community must be in a position to provide assistance to those countries and to support various forms of cooperation among them and between them and the Member States with the aim of developing a zone of shared stability, security and prosperity involving a significant degree of economic cooperation and political integration.	(7) In order to support the partner countries’ commitment to common values and principles and their efforts in the implementation of the action plans, the Community must be in a position to provide assistance to those countries and to support various forms of cooperation among them and between them and the Member States with the aim of developing a zone of shared stability, security and prosperity involving a significant degree of economic integration and political cooperation.
Amendment 7 Recital 7 a (new)
	(7a) Promotion of political, economic and social reforms across the neighbourhood is an important objective of Community assistance. In the Mediterranean this objective will be further pursued within the Mediterranean strand of the “Strategic Partnership with the Mediterranean and the Middle East”. The relevant elements of the EU strategy for Africa will be taken into account in the relations with the Mediterranean neighbours from North Africa.
Amendment 8 Recital 9 a (new)
	(9a) The Northern Dimension provides a framework for cooperation between the European Union, Russia, Norway and Iceland and it is important that Community assistance be also used to support activities contributing to the implementation of such framework. The new objectives of such policy will be set out in a political declaration and a policy framework document to be prepared on the basis of the guidelines approved by the Ministerial meeting of November 2005.
Amendment 9 Recital 10
(10) For Mediterranean partners assistance and cooperation should take place within the framework of the Euro‑Mediterranean Partnership established by the Barcelona Declaration of 28 November 1995 and take into account the agreement reached in that context on establishing a free‑trade area for goods and beginning a process of asymmetric liberalisation.	(10) For Mediterranean partners, assistance and cooperation should take place within the framework of the Euro-Mediterranean Partnership established by the Barcelona Declaration of 28 November 1995, as confirmed at the 10th anniversary Euro-Mediterranean Summit of 28 November 2005, and take into account the agreement reached in that context on establishing a free‑trade area for goods by 2010 and beginning a process of asymmetric liberalisation.
Amendment 10 Recital 13
(13) In order to assist neighbouring partner countries in achieving their objectives, and to promote cooperation between them and Member States, it is desirable to establish a single policy-driven instrument which will replace a number of existing instruments, ensuring coherence and simplifying assistance programming and management.	(13) In order to assist neighbouring partner countries in achieving their objectives, and to promote cooperation between them and Member States, it is desirable to establish a single policy-driven instrument which will replace a number of existing instruments, ensuring coherence and simplifying assistance programming and management. However, a separate instrument is proposed exclusively for the promotion of democracy and human rights, taking into account the specific requirements and procedures necessary for its effective operation. Other donors, particularly the member countries of the European Economic Area and Switzerland, are invited to participate in the projects financed by the instrument.
Justification
The Commission is called on to propose a separate Regulation on an instrument devoted exclusively to the promotion of democracy and human rights based on the current European Initiative for Democracy and Human Rights in order to secure the existence, visibility, transparency and independence of a European human rights policy. The Regulation should take into account the specific requirements of such a programme, including the availability of funds without host country consent directly to individuals, legal persons or other entities.
Amendment 11 Recital 14 a (new)
	(14a) This instrument will also support small projects (micro-projects) promoting cross-border cooperation between people (people-to-people contacts), the management of which will be directly entrusted to cross-border cooperation programmes.
Amendment 12 Recital 16
(16) The measures necessary for the implementation of this Regulation are measures to be adopted in accordance with Council Decision 1999/468 of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission.	(16) The measures necessary for the implementation of this Regulation are: (a) following deliberations with the representatives of the Member States in the Council: measures to be adopted in accordance with Council Decision 1999/468 of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission; (b) following deliberations with the European Parliament: measures to be adopted in accordance with the procedure set out in Article 26a.
Justification
It is imperative that the Parliament has influence also over the strategy documents since the proposed regulation is of a general nature. It is not reasonable that the "strategy" should only be decided by the Council in a co-decision instrument. This can be assured through a procedure compatible with the existing legislative, budgetary and comitology provisions while, at the same time, ensuring that there is no rigid over-regulation which would make it difficult to react to changing needs in the international field.
Amendment 13 Article 1, paragraph 2
(2) Community assistance shall be used for the benefit of partner countries. Community assistance may be used for the common benefit of Member States and partner countries, for the purpose of promoting crossborder and trans-regional cooperation as defined in Article 6.	2. Community assistance shall be used for the benefit of partner countries. Community assistance may be used for the common benefit of Member States and partner countries and their regions, for the purpose of promoting cross-border and trans-regional cooperation as defined in Article 6.
Amendment 14 Article 1, paragraph 3
(3) The Union is founded on the values of respect for human dignity, liberty, democracy, equality, the rule of law and respect for human rights and seeks to promote commitment to these values in partner countries through dialogue and cooperation.	3. The Union is founded on the values of respect for human dignity, liberty, democracy, pluralism, non-discrimination, tolerance, justice, solidarity, equality between men and women, the rule of law and respect for human rights and for the environment, and seeks to promote commitment to these values and to the principles of the market economy and of free and fair trade in partner countries through dialogue and cooperation.
Justification
The list of values in Article 1(3) of the proposal to create a neighbourhood instrument leaves out some of the values listed in Article I-2 of the draft Constitutional Treaty.
Amendment 15 Article 2, paragraph 1
(1) Community assistance under the Neighbourhood and Partnership Instrument shall promote enhanced cooperation and progressive economic integration between the European Union and the partner countries and, in particular, the implementation of partnership and cooperation agreements, association agreements or other existing and future agreements.	1. Community assistance under the Neighbourhood and Partnership Instrument shall promote enhanced cooperation and progressive economic integration between the European Union and the partner countries and, in particular, the implementation of partnership and cooperation agreements, association agreements or other existing and future agreements. It shall also encourage partner countries’ efforts aimed at promoting good governance and equitable social and economic development.
Amendment 16 Article 2, paragraph 2, introductory wording
(2) Community assistance shall be used to support measures which pursue one or more of the following objectives:	2. Community assistance shall be used to support measures within the following areas of cooperation:
Justification
This amendment makes the text more precise.
Amendment 17 Article 2, paragraph 2, point (b)
(b) promoting legislative and regulatory approximation in all relevant areas and in particular to encourage the progressive participation of partner countries in the internal market and the intensification of trade;	(b) promoting legislative and regulatory approximation towards higher standards in all relevant areas and in particular to encourage the progressive participation of partner countries in the internal market and the intensification of trade;
Amendment 18 Article 2, paragraph 2, point (c)
(c) strengthening of national institutions and bodies responsible for the elaboration and the effective implementation of policies in areas covered in association agreements, partnership and cooperation agreement and other future comparable agreements;	(c) strengthening of national institutions and bodies responsible for the elaboration and the effective implementation of policies in areas covered in association agreements, partnership and cooperation agreements, and other multilateral agreements to which the Community and/or its Member States and partner countries are parties, whose purpose is the achievement of objectives as defined in this Article;
Amendment 19 Article 2, paragraph 2, point (c a) (new)
	(ca) promoting the rule of law and good governance, including strengthening the effectiveness of public administration and the impartiality and effectiveness of the judiciary, and supporting the fight against corruption and fraud;
Amendment 20 Article 2, paragraph 2, point (d)
(d) promoting sustainable development;	(d) promoting sustainable development in all aspects;
Amendment 21 Article 2, paragraph 2, point (d a) (new)
	(da) pursuing regional and local development efforts, in both rural and urban areas, in order to reduce imbalances and improve regional and local development capacity;
Amendment 22 Article 2, paragraph 2, point (e)
(e) promoting environmental protection and good management of natural resources;	(e) promoting environmental protection, nature conservation and sustainable management of natural resources including fresh water and marine resources;
Amendment 23 Article 2, paragraph 2, point (f)
(f) supporting policies aimed at poverty reduction;	(f) supporting policies aimed at poverty reduction, to help achieve the Millennium Development Goals;
Amendment 24 Article 2, paragraph 2, point (g)
(g) supporting policies to promote social development and gender equality, employment and social protection including social dialogues, and respect for trade union rights and core labour standards;	(g) supporting policies to promote social development, social inclusion, gender equality, non-discrimination, employment and social protection including protection of migrant workers, social dialogues, and respect for trade union rights and core labour standards, including on child labour;
Amendment 25 Article 2, paragraph 2, point (h)
(h) supporting policies to promote health, education and training;	(h) supporting policies to promote health, education and training, including not only measures to combat the major communicable diseases and non-communicable diseases and disorders but also access to services and education for good health, including reproductive and infant health for girls and women;
Amendment 26 Article 2, paragraph 2, point (i)
(i) promoting and protecting human rights and fundamental freedoms and supporting the democratisation process, including through electoral observation and assistance;	(i) promoting and protecting human rights and fundamental freedoms, including women's rights and children's rights;
Amendment 27 Article 2, paragraph 2, point (i a) (new)
	(ia) supporting democratisation, inter alia by enhancing the role of civil society organisations and promoting media pluralism, as well as through electoral observation and assistance;
Amendment 28 Article 2, paragraph 2, point (j)
(j) fostering the development of civil society;	(j) fostering the development of civil society and of non-governmental organisations;
Amendment 29 Article 2, paragraph 2, point (k)
(k) promoting the development of a market economy, including measures to support the private sector, encourage investment and promote global trade;	(k) promoting the development of a market economy, including measures to support the private sector and the development of small and medium-sized enterprises, to encourage investment and to promote global trade;
Amendment 30 Article 2, paragraph 2, point (l)
(l) promoting cooperation in the energy, telecommunication and transport sectors including on interconnections, the networks and their operations, the security and safety of international transport and energy operations, renewable energy sources, energy efficiency and clean transport;	(l) promoting cooperation in the sectors of energy, telecommunication and transport, including on interconnections, networks and their operations, enhancing the security and safety of international transport and energy operations and promoting renewable energy sources, energy efficiency and clean transport;
Amendment 31 Article 2, paragraph 2, point (o)
(o) promoting cooperation in the field of justice and home affairs, including on issues such as asylum and migration and the fight against and prevention of terrorism and organised crime, including its financing, money laundering and tax fraud;	(o) supporting reform and strengthening capacity in the field of justice and home affairs, including issues such as asylum, migration and readmission, and the fight against and prevention of trafficking in human beings as well as terrorism and organised crime, including its financing, money laundering and tax fraud;
Amendment 32 Article 2, paragraph 2, point (r)
(r) promoting cooperation between the Member States and partner countries in higher education and mobility of teachers, researchers and students;	(r) promoting cooperation between the Member States and partner countries in higher education, language learning and mobility of teachers, researchers, students and people working in the cultural sector and links between them at European level;
Justification
In the context of a ´good neighbour´ policy, measures encouraging mutual understanding through learning of foreign languages should be developed and supported.
The possibility of gradual opening of the Culture 2007 programme promoting cultural links, should be explored to enable people working in the cultural sector to cooperate more closely and benefit from mobility exchanges.
Amendment 33 Article 2, paragraph 2, point (s)
(s) promoting understanding between cultures, people‑to‑people contacts, cooperation between civil societies and exchanges of young people;	(s) promoting multicultural dialogue, people‑to‑people contacts, including links with communities of immigrants living in Member States, cooperation between civil societies, cultural institutions and exchanges of young people;
Amendment 34 Article 2, paragraph 2, point (s a) (new)
	(sa) supporting cooperation aimed at protecting historical and cultural heritage and promoting its development potential, including through tourism;
Amendment 35 Article 2, paragraph 2, point (u)
(u) supporting crossborder cooperation to promote sustainable economic, social and environmental development in border regions;	(u) supporting crossborder cooperation through joint local initiatives to promote sustainable economic, social and environmental development in border regions and integrated territorial development across the Community's external border;
Amendment 36 Article 2, paragraph 2, point (v)
(v) promoting regional cooperation and integration;	(v) promoting regional and sub-regional cooperation and integration, including where appropriate with countries not eligible for assistance under this Regulation;
Amendment 37 Article 2, paragraph 2, point (w)
(w) providing support in post-crisis situations, including support to refugees and displaced persons, and assisting in conflict prevention and disaster preparedness;	(w) providing support in post-crisis situations, including support to refugees and displaced persons, and assisting in conflict prevention, peace promotion and consolidation, and disaster preparedness;
Amendment 38 Article 2, paragraph 2, point (y)
(y) addressing common thematic challenges in fields of mutual concern and any other objectives consistent with the scope of this Regulation.	deleted
Justification
Given that the list of measures is already very extensive, it can be assumed that every type of action is already covered to some degree.
Amendment 39 Article 3, paragraph 1
The partnership and cooperation agreements, the association agreements and other existing or future agreements which establish a relationship with partner countries, and the relevant Commission communications and Council conclusions laying down guidelines for European Union policy towards these countries, shall provide an overall policy framework for the programming of assistance under this Regulation. Jointly agreed action plans or other equivalent documents shall provide a key point of reference for setting assistance priorities.	1. The partnership and cooperation agreements, the association agreements and other existing or future agreements which establish a relationship with partner countries, and the relevant Council conclusions as well as the relevant Commission communications, which are to be adopted after consulting the European Parliament, laying down guidelines for European Union policy towards these countries, shall provide an overall policy framework for the programming of assistance under this Regulation. Jointly agreed action plans or other equivalent documents shall provide a key point of reference for setting assistance priorities and shall have as their reference basis the social model advocated by the European Union and the objectives defined in the Lisbon Strategy.
Justification
As a result of this amendment, the role of the European Parliament will be strengthened.
Amendment 40 Article 3, paragraph 1 a (new)
	1a. Where no such agreements between the European Union and partner countries exist, assistance may be provided when it proves useful to pursue European Union policy objectives, and shall be programmed on the basis of such objectives.
Amendment 41 Article 4, paragraph 1
(1) Community assistance under this Regulation shall normally complement or contribute to corresponding national, regional or local measures.	1. Community assistance under this Regulation shall normally complement or contribute to corresponding national, regional or local strategies and measures.
Amendment 42 Article 4, paragraph 2
(2) Community assistance under this Regulation shall normally be established in partnership between the Commission and the beneficiaries. The partnership shall involve, as appropriate, national, regional and local authorities, economic and social partners, civil society and other relevant bodies.	2. Community assistance under this Regulation shall normally be established in partnership between the Commission and the beneficiaries. The partnership shall involve, as appropriate, national, regional and local authorities, economic and social partners, civil society and other relevant bodies, whilst aiming at strengthening decentralised multi-layer management in order to achieve greater efficiency.
Justification
The use of decentralised multi-level types of governance could, in principle, contribute to a greater efficiency in the management of the programme.
Amendment 43 Article 4, paragraph 3
(3) The beneficiary countries shall associate the relevant partners as appropriate, in particular at regional and local level, in the preparation, implementation and monitoring of programmes and projects.	3. The beneficiary countries shall involve as appropriate the relevant partners at the appropriate territorial level, in particular at regional and local level, in the preparation, implementation and monitoring of programmes and projects.
Amendment 44 Article 4, paragraph 4
(4) Community assistance under this Regulation shall normally be cofinanced by the beneficiary countries through public funds, contributions from the beneficiaries or other sources.	4. The provision of Community assistance to civil society organisations and other comparable beneficiaries shall not be limited by co-financing requirements. In duly justified cases, cofinancing need not be required from the beneficiary countries.
Amendment 45 Article 4, paragraph 4 a (new)
	4a. Where it is seen as necessary or desirable, Member States and/or non-state actors may replace the beneficiary countries as cofinancer of Community assistance projects.
Justification
Allows effective cooperation with countries that may lack sufficient funding to cofinance community assistance projects or have no contractual links with the EU. By allowing other sources of cofinancing, projects would not be blocked by undemocratic regimes or a lack of national funding and Member States and NGOs would be better able to coordinate with and contribute assistance to individual EU programmes.
Amendment 46 Article 5, paragraph 1
(1) Programmes and projects financed under this Regulation shall be consistent with Community policies. They shall comply with the agreements concluded by the Community and its Member States with the partner countries and respect commitments under multilateral agreements to which they are parties.	1. Programmes and projects financed under this Regulation shall be consistent with European Union policies and actions including the rules on competition, on the award of public contracts, on environmental protection and on the elimination of inequalities and the promotion of equality between men and women. They shall comply with the agreements concluded by the Community and its Member States with the partner countries and respect commitments under multilateral agreements and international conventions to which they are parties, in particular as regards respect for human rights, democracy and good governance.
Justification
Makes the text more precise pointing out some important issues and stressing some topics.
Amendment 47 Article 5, paragraph 2
(2) The Commission and the Member States shall ensure coherence between Community assistance provided under this Regulation and financial assistance provided by the Community and the Member States through other internal and external financial instruments and by the European Investment Bank.	2. The Commission and the Member States shall ensure coherence between assistance provided under this Regulation by the Community and Community financial institutions such as the European Investment Bank and the European Investment Fund, and financial assistance provided by the Community and the Member States through other internal and external financial instruments.
Justification
This amendment clarifies the position of the Community institutions and, by taking account of its powers, will enable the European Investment Fund to demonstrate its abilities.
Amendment 48 Article 5, paragraph 3
(3) The Commission and the Member States shall ensure coordination of their respective assistance programmes with the aim of increasing effectiveness and efficiency in the delivery of assistance through progressive harmonisation of policies and procedures. Coordination shall involve the frequent and regular exchange of relevant information in particular at field level and shall constitute a key step in the programming processes of the Member States and the Community.	3. The Commission and the Member States shall ensure coordination of their respective assistance programmes with the aim of increasing effectiveness and efficiency in the delivery of assistance in line with the established guidelines for strengthening operational coordination in the field of external assistance, and for the harmonisation of policies and procedures. Coordination shall involve regular consultations and frequent exchanges of relevant information during the different phases of the assistance cycle, in particular at field level, and shall constitute a key step in the programming processes of the Member States and the Community.
Amendment 49 Article 6, paragraph 1, point (b)
(b) thematic programmes, addressing one or more specific challenges which are common to several partner countries and which may be relevant to one or more Member States;	(b) thematic programmes, addressing one or more specific challenges which are common to the partner countries concerned and which may be relevant to one or more Member States; in fields such as democracy and human rights, migration and asylum, human and social development, the environment and sustainable management of natural resources, and civil society;
Justification
This amendment makes the text more precise.
Amendment 50 Article 6, paragraph 1, point (c)
(c) crossborder cooperation programmes, covering cooperation between one or more Member States and one or more partner countries, taking place in regions adjacent to their shared part of the external border of the European Community.	(c) crossborder and transnational cooperation programmes, covering cooperation between one or more Member States.
Justification
The draft regulation does not take into account the role of the EEA-countries and Switzerland as our cooperation partners and co-donors. Particularly our Northern neighbours and partners, Norway and Iceland, are playing an active role in both bilateral and multilateral cooperation in the Northern Regions. Both countries are full members of the Council of the Baltic Sea States, Barents Euro-Arctic Council and the Arctic Council.
Amendment 51 Article 6, paragraph 2
(2) Community assistance may be provided under this Regulation to transregional cooperation involving partner countries and Member States in the context of thematic programmes and multicountry programmes addressing regional and subregional cooperation.	2. Community assistance shall be provided under this Regulation to transregional cooperation involving partner countries and Member States in the context of thematic programmes and multicountry programmes addressing regional and subregional cooperation, in so far as it contributes to the fulfilment of the objectives of the Community assistance.
Justification
As it’s stated in Article 1 (2), Community assistance under the Neighbourhood and Partnership Instrument has «the purpose of promoting crossborder and trans-regional cooperation».
Amendment 52 Article 6, paragraph 2 a (new)
	2a. The eligible border regions of the Member States shall be covered by specific cross-border cooperation programmes set up under this Regulation. Member States may also participate in thematic and/or multicountry programmes through transregional cooperation.
Amendment 53 Article 7, paragraph -1 (new)
	-1. The Commission shall submit a proposal for a Multiannual Policy Framework (MPF) as soon as the financial framework for the period 2007-2013 is adopted.   The MPF shall set out the policy guidelines and strategic priorities underlying Community assistance under this Regulation. It shall provide an indicative breakdown of resources between the various thematic and geographic activities and programmes.   The MPF shall be adopted by the European Parliament and the Council in accordance with Article 251 of the Treaty.
Amendment 54 Article 7, paragraph 1
(1) For country or multicountry and thematic programmes, strategy papers shall be adopted, in accordance with the procedure referred to in Article 26(2). Strategy papers shall reflect the policy framework and the action plans referred to in Article 3. Strategy papers shall be established for a period compatible with the priorities set in the policy framework and shall contain multiannual indicative programmes including indicative multiannual financial allocations. They shall be reviewed as and when necessary and may be revised in accordance with the procedure referred to in Article 26(2).	1. For country or multicountry and thematic programmes, strategy papers shall be adopted, after consulting the European Parliament and prior to invoking the procedure referred to in Article 26. Strategy papers shall reflect the policy framework and the action plans referred to in Article 3 and shall take into account the priorities expressed by the European Parliament within the framework of the interinstitutional strategic dialogue. The effective participation of non-state actors in the establishment of these strategy papers shall be ensured, particularly at regional/local level. Strategy papers shall be established for a period compatible with the priorities set in the policy framework and shall contain multiannual indicative programmes including indicative multiannual financial allocations and priority objectives for each country or region selected from those listed in Article 2(2). They shall be reviewed as and when necessary and may be revised after consulting the European Parliament and prior to invoking the procedure referred to in Article 26. Strategy papers established for a period of four years or longer shall be subject to mid-term revision. Micro-projects for which the financial framework is no greater than EUR 5 000 may be dealt with using a simplified, decentralised procedure.
Justification
This will strengthen the role of civil society organisations, which will in turn result in more transparency and possibly more effective use of assistance.
Amendment 55 Article 7, paragraph 1 a (new)
	1a. The strategy documents and the subsequent country, multicountry and thematic programmes shall be drawn up following a process of consultation, based on broad participation at regional, national and local level, of the authorities of the countries concerned, the national parliaments and the main stakeholders, including relevant civil society organisations.
Justification
A broadly-based and inclusive approach is crucial to ensure that programmes reflect the right priorities and there is the ownership of projects that should be found in all the EU's external assistance programmes.
Amendment 56 Article 7, paragraph 2
(2) In establishing country or multi-country programmes the Commission shall determine the allocations for each programme taking into account the specific characteristics and the needs of the country or the region concerned, the level of ambition of the Union’s partnership with a given country, the management capacity and the potential for absorption of funds.	2. In establishing country or multi-country programmes the Commission shall determine the allocations for each programme, using transparent and objective criteria and taking into account the specific characteristics and needs of the country or the region concerned, the level of ambition of the Union’s partnership with a given country, progress towards implementing agreed objectives, including on governance and on reform and the capacity for managing and absorbing assistance.
Amendment 57 Article 7, paragraph 3
(3) For the sole purpose of crossborder cooperation, in order to establish the list of joint programmes referred to in Article 9(1), the indicative multi-annual allocations and the territorial units eligible to participate in each programme, one, or, if necessary, more specific strategy papers shall be adopted in accordance with the procedure referred to in Article 26(2). Such specific strategy paper(s) shall, in principle, cover a seven-year period from 1 January 2007 to 31 December 2013.	3. For the sole purpose of cross-border cooperation, in order to establish the list of joint programmes referred to in Article 9(1), the indicative multi-annual allocations and the territorial units eligible to participate in each programme, one, or, if necessary, more strategy papers shall be adopted in accordance with the procedure referred to in Article 251 of the Treaty. Such strategy paper(s) shall be drawn up taking into account the principles and modalities laid down in Articles 4 and 5 and, in principle, cover a seven-year period from 1 January 2007 to 31 December 2013.
Justification
It should be made clear which territorial units are eligible for participating in the programmes. The strategy papers should not generate any additional bureaucracy in order to safeguard possibilities for realisation. Besides the reference to better coordination and harmonisation of procedures in the provisions of the regulation, no reference is made to the administrative procedures a partner has to accomplish.
Amendment 58 Article 7, paragraph 3 a (new)
	3a. The Commission shall determine the allocation of funds to the cross-border cooperation programmes, taking into account objective criteria, such as the population of the eligible areas and other factors affecting the intensity of cooperation, including the specific characteristics of the border areas and the capacity for managing and absorbing assistance.
Amendment 59 Article 7, paragraph 4
(4) The European Regional Development Fund will contribute to crossborder co-operation programmes established and implemented under the provisions of this Regulation. The overall budget to be allocated to crossborder cooperation programmes, including the contribution from the European Regional Development Fund for borders with partner countries, shall be at least equivalent to twice the amount set out in the relevant provisions of Regulation (EC) No […] laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund for the borders with partner countries.	4. The European Regional Development Fund will contribute to crossborder co-operation programmes established and implemented under the provisions of this Regulation. The overall budget to be allocated to crossborder cooperation programmes, including the contribution from the European Regional Development Fund for borders with partner countries, shall be at least equivalent to twice the amount set out in the relevant provisions of Regulation (EC) No […] laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund for the borders with partner countries. The European Regional Development Fund may also contribute to the involvement of the regional and local authorities of the Member States in thematic programmes and multi-country programmes.
Amendment 60 Article 7, paragraph 5
(5) In the event of crises or threats to democracy, the rule of law, human rights or fundamental freedoms, an emergency procedure may be used to conduct an ad hoc review of strategy papers. This review shall ensure coherence between Community assistance provided under this Regulation and assistance provided under other Community financial instruments, including Regulation (EC) No […] establishing an instrument for stability.	5. In the event of crises or threats to democracy, the rule of law, human rights, fundamental freedoms or environmentally sustainable development, an emergency procedure may be used to conduct an ad hoc review of strategy papers. This review shall ensure coherence between Community assistance provided under this Regulation and assistance provided under other Community financial instruments, including Regulation (EC) No […] establishing an instrument for stability. The ad hoc review shall take place upon the initiative of the Commission or following a request by the Council or the European Parliament.
Justification
In case of community assistance - given its importance- environmental threats and concerns should also be a reason for reviewing strategy papers.
Amendment 61 Article 8, paragraph 1, introductory wording
(1) The crossborder cooperation programmes referred to in Article 6(1)(c) may cover all land borders and all maritime zones facing a common sea basin. The following territorial units shall be eligible for assistance under this Title:	1. The cross-border cooperation programmes referred to in Article 6(1), point (c) may cover all the following border regions:
Amendment 62 Article 8, paragraph 2
(2) In special cases, eligibility may be extended to territorial units adjoining those referred to in paragraph 1.	2. In order to ensure the continuation of existing cooperation and in other justified cases, territorial units adjoining those referred to in paragraph 1 may be allowed to participate in cross-border cooperation programmes under the conditions laid down in the specific strategy paper(s) referred to in Article 7(3).
Amendment 63 Article 8, paragraph 2 a (new)
	2a. When programmes are established pursuant to paragraph (1), point (b), the Commission may, in agreement with the partners, propose that participation in cooperation be extended to the whole NUTS-II territorial unit in whose area the NUTS-III territorial unit is located.
Amendment 64 Article 9, paragraph 1
(1) Crossborder cooperation under this Regulation shall be carried out in the framework of multiannual programmes covering cooperation for a border or a group of borders and comprising multiannual measures which pursue a consistent set of priorities and which may be implemented with the support of Community assistance (hereinafter ‘joint programmes’). The joint programmes shall be based on the specific strategy paper(s) referred to in Article 7(3).	1. Cross-border cooperation under this Regulation shall be carried out in the framework of multiannual programmes covering cooperation for a border or a group of borders and comprising multiannual measures which pursue a consistent set of priorities and which may be implemented with the support of Community assistance (hereinafter ‘joint operational programmes’). The joint operational programmes shall be based on the specific strategy paper(s) referred to in Article 7(3).
Amendment 65 Article 9, paragraph 2
(2) Joint programmes for land borders and sea crossings shall be established per border and include eligible territorial units belonging to one or more Member States and one or more partner countries. Joint programmes for coastal regions shall be multilateral and include eligible territorial units facing a common sea basin belonging to several participating countries, including at least one Member State and one partner country.	2. Joint operational programmes for land borders and sea crossings of significant importance shall be established per border at the appropriate territorial level and include eligible territorial units belonging to one or more Member States and one or more partner countries.
Amendment 66 Article 9, paragraph 2 a (new)
	2a. Joint operational programmes for sea basins shall be multilateral and include eligible territorial units facing a common sea basin belonging to several participating countries, including at least one Member State and one partner country, taking into account the institutional systems and the principle of partnership. They may include bilateral activities supporting cooperation between one Member State and one partner country. These programmes shall be closely co-ordinated with trans-national co-operation programmes having a partially overlapping geographical coverage established in the European Union pursuant to Regulation (EC) No […] laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund.
Amendment 67 Article 9, paragraph 2 b (new)
	2b. Joint operational programmes shall be established by the Member States and partner countries concerned at the appropriate territorial level, in accordance with their institutional system and taking into account the principle of partnership referred to in Article 4. They shall normally cover a period of 7 years running from 1 January 2007 to 31 December 2013.
Amendment 68 Article 9, paragraph 3
(3) Countries other than the participating countries which face a common sea basin where a joint programme is being established may be associated with that joint programme and benefit from Community assistance under the conditions determined in the implementing rules referred to in Article 11.	3. Countries other than the participating countries which face a common sea basin where a joint operational programme is being established may be associated with that joint operational programme and benefit from Community assistance under the conditions determined in the implementing rules referred to in Article 11.
Amendment 69 Article 9, paragraph 4
(4) Within one year of the approval of the strategy paper referred to in Article 7(3), the participating countries shall jointly submit proposals for joint programmes to the Commission. The Commission shall adopt each joint programme after assessing its consistency with this Regulation and the implementing rules.	4. Within one year of the approval of the strategy paper referred to in Article 7(3), the participating countries shall jointly submit proposals for joint operational programmes to the Commission. The Commission shall adopt each joint operational programme after assessing its consistency with this Regulation and the implementing rules.
Amendment 70 Article 9, paragraph 5
(5) Joint programmes may be revised at the initiative of the participating countries or the Commission to take into account changes in cooperation priorities, socio-economic developments, the results observed from implementation of the measures concerned and from the monitoring and evaluation process, and the need to adjust the amounts of aid available and reallocate resources.	5. Joint operational programmes may be revised at the initiative of the participating countries, participating border regions or the Commission to take into account changes in cooperation priorities, socio-economic developments, the results observed from implementation of the measures concerned and from the monitoring and evaluation process, and the need to adjust the amounts of aid available and reallocate resources.
Amendment 71 Article 9, paragraph 6
(6) Following the adoption of the joint programmes, the Commission shall conclude a financing agreement with the participating countries in accordance with the relevant provisions of Regulation (EC, Euratom) No 1605/2002 of 25 June 2002, the Financial Regulation applicable to the general budget of the European Communities.	6. Following the adoption of the joint operational programmes, the Commission shall conclude a financing agreement with the participating countries in accordance with the relevant provisions of Regulation (EC, Euratom) No 1605/2002 of 25 June 2002, the Financial Regulation applicable to the general budget of the European Communities. The financing agreement shall include the legal provisions necessary for the implementation of the joint operational programme and shall also be signed by the joint managing authority referred to in Article 10.
Amendment 72 Article 9, paragraph 7
(7) Participating countries shall, taking into account the principle of partnership, jointly select those actions consistent with the priorities and measures of the joint programme that will receive Community assistance.	7. Participating countries shall, taking into account the principle of partnership, jointly select those actions consistent with the priorities and measures of the joint operational programme that will receive Community assistance.
Amendment 73 Article 9, paragraph 8
(8) In exceptional circumstances, where a joint programme cannot be established owing to problems arising in relations between participating countries, the Commission may adopt a programme which is not a joint programme within the meaning of this Article but which allows the Member State border region or regions concerned to benefit from the assistance provided for in this Regulation.	8. In specific and duly justified cases, where:   a) a joint operational programme cannot be established owing to problems arising in relations between participating countries or between the EU and a partner country;   b) by 30 June 2010, at the latest, the participating countries have not yet submitted to the Commission a joint operational programme;   c) the partner country does not sign the financing agreement by the end of the year following the adoption of the programme;   d) the joint operational programme cannot be implemented owing to problems arising in relations between participating countries;   the Commission, following consultations with the Member State(s) concerned, shall take the necessary steps to allow the Member State concerned to use the ERDF contribution to the programme pursuant to Regulation (EC) No[…] laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund.
Amendment 74 Article 10, paragraph 1
(1) Joint programmes shall, in principle, be implemented by a joint managing authority located in a Member State.	1. Joint operational programmes shall, in principle, be implemented through shared management by a joint managing authority located in a Member State. The joint managing authority may be assisted by a joint technical secretariat.
Amendment 75 Article 10, paragraph 2
(2) The participating countries may exceptionally propose to the Commission that the joint managing authority should be located in a partner country, provided that the designated body is in a position to apply in full the criteria laid down in the relevant provisions of Regulation (EC) No 1605/2002.	2. The participating countries may propose to the Commission that the joint managing authority should be located in a partner country, provided that the designated body is in a position to apply in full the criteria laid down in the relevant provisions of Regulation (EC) No 1605/2002.
Amendment 76 Article 10, paragraph 3
(3) ‘Joint managing authority’ shall mean any public or private authority or body, including the state itself, at national, regional or local level, designated jointly by the Member State or States and the partner country or countries covered by a joint programme, having the financial and administrative capacity to manage Community assistance and having the legal capacity to conclude the agreements necessary for the purpose of this Regulation.	3. ‘Joint managing authority’ shall mean any public or private authority or body, including the state itself, at national, regional or local level, designated jointly by the Member State or States and the partner country or countries covered by a joint operational programme, having the financial and administrative capacity to manage Community assistance and having the legal capacity to conclude the agreements necessary for the purpose of this Regulation.
Amendment 77 Article 10, paragraph 4
(4) The joint managing authority shall be responsible for managing and implementing the joint programme in accordance with the principle of sound financial management, and for ensuring the legality and regularity of its operations. To this end, it shall put in place appropriate management, control and accounting systems and standards.	4. The joint managing authority shall be responsible for managing and implementing the joint operational programme in accordance with the principle of sound technical and financial management, and for ensuring the legality and regularity of its operations. To this end, it shall put in place appropriate management, control and accounting systems and standards.
Amendment 78 Article 10, paragraph 4 a (new)
	4a. The management and control system of a joint operational programme shall provide for proper separation of the management, certification and audit functions, either through a proper segregation of duties within the managing authority or through the designation of separate bodies for certification and audit.
Amendment 79 Article 10, paragraph 4 b (new)
	4b. In order to allow the joint operational programmes to adequately prepare for implementation, following the adoption of the joint operational programme and before the signature of the financing agreement, the Commission may allow the joint managing authority to use part of the programme budget to start financing programme activities such as the incurring of operational costs of the managing authority, technical assistance and other preparatory actions. The detailed modalities of such preparatory phase shall be included in the implementing rules referred to in Article 11.
Amendment 80 Article 11, paragraph 2
(2) Matters covered by the implementing rules shall include criteria and procedures for allocations of funds, rate of cofinancing, preparation of joint programmes, joint project selection, technical and financial management of the assistance, financial control and audit, monitoring and evaluation, visibility and publicity.	2. Matters covered by the implementing rules shall include issues such as the rate of cofinancing, preparation of joint operational programmes, the designation and functions of the joint authorities, the role and function of the monitoring and selection committees and of the joint secretariat, eligibility of expenditure, joint project selection, the preparatory phase, technical and financial management of the assistance, financial control and audit, monitoring and evaluation, visibility and information activities for potential beneficiaries.
Amendment 81 Article 12, paragraph 1
(1) The Commission shall adopt, normally on an annual basis, action programmes drawn up on the basis of the strategy papers referred to in Article 7(1).	1. The Commission shall, in consultation with the European Parliament, the Council and partner countries, normally on an annual basis, and in a transparent and participatory manner, adopt action programmes drawn up on the basis of the strategy papers referred to in Article 7(1).
Exceptionally, for instance where an action programme has not yet been adopted, the Commission may, on the basis of the strategy papers and multiannual indicative programmes referred to in Article 7, adopt measures not provided for in an action programme under the same rules and procedures as apply to action programmes.	Exceptionally, for instance where an action programme has not yet been adopted, the Commission may, after consulting the European Parliament and Council, and on the basis of the strategy papers and multiannual indicative programmes referred to in Article 7, adopt measures not provided for in an action programme under the same rules and procedures as apply to action programmes.
Justification
Consultation of Parliament and the Council must be safeguarded.
Amendment 82 Article 12, paragraph 2
(2) Action programmes shall specify the objectives pursued, the fields of intervention, the expected results, the management procedures and the total amount of financing planned. They shall contain a description of the operations to be financed, an indication of the amounts allocated for each operation and an indicative implementation timetable.	2. Action programmes shall specify the objectives pursued, the fields of intervention, the expected results, the management procedures and the total amount of financing planned. They shall take into account the lessons learned from past implementation of Community assistance. They shall contain a description of the operations to be financed, an indication of the amounts allocated for each operation and an indicative implementation timetable. They shall include a definition of the type of performance indicators that will have to be monitored when implementing the measures financed under the programmes.
Justification
This amendment will make the financial management procedures more precise.
Amendment 83 Article 12, paragraph 4
(4) The Commission shall send action programmes and joint crossborder cooperation programmes to the Member States for their information within one month of adopting its decision.	4. The Commission shall present the final version of action programmes and joint crossborder cooperation programmes to the Member States and to the European Parliament for their information within one month of their adoption.
Amendment 84 Article 13, paragraph 1
(1) In the event of unforeseen needs or circumstances, the Commission shall adopt special measures not provided for in the strategy papers or multiannual indicative programmes (hereinafter “special measures”).	1. In the event of unforeseen and duly justified needs or circumstances, the Commission shall adopt special measures not provided for in the strategy papers or multiannual indicative programmes (hereinafter “special measures”).
Amendement 85 Article 13, paragraphe 2
(2) Lorsqu’elles sont supérieures à 15 millions d’euros, les mesures spécifiques sont adoptées par la Commission selon la procédure consultative visée à l’article 26 (3).	(2) Lorsqu’elles sont supérieures à 15 millions d’euros, les mesures spécifiques sont adoptées par la Commission selon la procédure consultative visée à l’article 26(3), et après consultation du Parlement.
Justification
La consultation du Parlement doit être assurée.
Amendment 86 Article 13, paragraph 2
(2) Where the cost of such measures exceeds EUR 15 million, the Commission shall adopt them under the consultation procedure referred to in Article 26(3).	2. Where the cost of such measures exceeds EUR 15 million, the Commission shall adopt them under the consultation procedure referred to in Article 26.
The procedure referred to in Article 26(3) need not be used for amendments to special measures such as those making technical adjustments, extending the implementation period, reallocating appropriations within the forecast budget, or increasing the size of the budget by less than 20% of the initial budget, provided these amendments do not affect the initial objectives set out in the Commission decision.	The procedure referred to in Article 26 need not be used for amendments to special measures such as those making technical adjustments, extending the implementation period, reallocating appropriations within the forecast budget, or increasing the size of the budget by less than 20% of the initial budget, provided these amendments do not affect the initial objectives set out in the Commission decision.
Justification
This change is necessary because of the amendments adopted on Article 26.
Amendment 87 Article 13, paragraph 3
(3) Special measures shall specify the objectives pursued, the areas of activity, the expected results, the management procedures used and the total amount of financing planned. They shall contain a description of the operations to be financed, an indication of the amounts allocated for each operation and an indicative implementation timetable.	3. Special measures shall specify the objectives pursued, the areas of activity, the expected results, the management procedures used and the total amount of financing planned. They shall contain a description of the operations to be financed, an indication of the amounts allocated for each operation and an indicative implementation timetable. They shall include a definition of the type of performance indicators that will have to be monitored when implementing the special measures.
Justification
This amendment will make the financial management procedures more precise.
Amendment 88 Article 13, paragraph 4
(4) The Commission shall send the special measures to the Member States for their information within one month of adopting its decision.	4. The Commission shall send the special measures to the European Parliament and to the Member States for their information within one month of adopting its decision.
Amendment 89 Article 14, point (g), point (i)
i. public or parastatal bodies, local authorities or administrations and consortia thereof;	i. public or parastatal bodies, local authorities or national and regional administrations and consortia thereof;
Justification
An explicit reference should be made to the three levels of government to avoid a restrictive interpretation of the concept of administrations.
Amendement 90 Article 14, point (h), point (ii a) (new)
	iia. organisations representing national and/or ethnic minorities;
Justification
If the Instrument will be used to combat discrimination in any form, then it should also be used to support organisations representing national and/or ethnic minorities.
Amendment 91 Article 14, point (h), point (iv)
iv. cooperatives, trade unions, organisations representing economic and social interests;	iv. cooperatives, trade unions, organisations representing economic and social interests, welfare and social organisations;
Justification
These organisations are responsible for social integration.
Amendement 92 Article 14, point (h), point (iv a) (new)
	iva. organisations fighting corruption and fraud and promoting good governance in government and society;
Justification
If fighting corruption and promoting good governance is one of the activities to be supported by the Instrument, then the organisations working on these issues should also be listed as eligible for support.
Amendement 93 Article 14, point (h), point (iv b) (new)
	ivb. civil rights organisations and organisations fighting discrimination;
Justification
As anti-discrimination is listed as a common value, the organisations that work to fight discrimination should be eligible for support.
Amendment 94 Article 14, point (h), point (x)
x. any non-governmental associations and independent foundations likely to contribute to development;	x. crossborder associations, non-governmental associations and independent foundations, including independent political foundations;
Justification
As cross-border associations would be able to make a significant contribution to the realisation of the goals of ENPI, it is important to mention them even if they could be considered to fall under some of the other eligible categories. Cross-border associations (not interregional ones) are meant, which make a significant contribution. As interregional associations would be able to make a significant contribution to the realisation of the goals of the ENPI, it is important to mention them even if they could be considered to fall under some of the other eligible categories.
Amendment 95 Article 15, paragraph 2
(2) Community assistance may also be used:	2. Community assistance may also be used:
(a) to finance targeted administrative cooperation measures involving public-sector experts dispatched from Member States according to specifically designed rules;	(a) to finance technical assistance and targeted administrative cooperation measures, including those cooperation measures involving public-sector experts dispatched from the Member States and their regional and local authorities involved in the programme;
	(aa) to finance investments and investment-related activities;
(b) for sectoral or general budget support if the partner country's management of public spending is sufficiently transparent, reliable and effective, and where it has put in place properly formulated sectoral or macroeconomic policies approved by its principal donors, including, where relevant, the international financial institutions;	(b) for contributions to the European Investment Bank or other financial intermediaries, in accordance with the provisions of Article 23, for loan financing, equity investments, guarantee funds or investment funds;
	(ba) for operational grants to support civil society organisations and ensure their participation in the implementation of this Regulation;
(c) for debt-relief programmes;	(c) for debt-relief programmes in exceptional cases, under an internationally agreed debt-relief programme;
(d) for contributions to the European Investment Bank or other financial intermediaries, in accordance with the provisions of Article 24, for loan financing, equity investments, guarantee funds or investment funds;	(d) for sectoral or general budget support if the partner country's management of public spending is sufficiently transparent, reliable and effective, and where it has put in place properly formulated sectoral or macroeconomic policies approved by its principal donors, including, where relevant, the international financial institutions;
(e) to provide interest‑rate subsidies, in particular for environmental loans; (f) to provide insurance against non-commercial risks; (g) to contribute to a fund established by international and regional organisations, other donors or partner countries;	(e) to provide interest‑rate subsidies, in particular for environmental loans; (f) to provide insurance against non-commercial risks; (g) to contribute to a fund established by the Community, the Member States, international and regional organisations, other donors or partner countries;
(h) to contribute to the capital of international financial institutions or the regional development banks;	(h) to contribute to the capital of international financial institutions or the regional development banks;
(i) to finance the costs necessary for the effective administration and supervision of projects and programmes by the countries benefiting from Community assistance;	(i) to finance the costs necessary for the effective administration and supervision of projects and programmes by the countries benefiting from Community assistance;
	(ia) to finance micro-projects;
(j) for food aid;	(j) for food security measures;
	(ja) to support and provide assistance to peace processes and the implementation of the relevant peace accords;
	(jb) to support democratic institution-building, the development of human rights and free media, and civil society;
(k) for other purposes, as appropriate.	(k) for other measures promoting the objectives referred to in Article 2.
Justification
This amendment makes the list more complete and precise. As regards the new point (ba), enhancing the capacity of civil society organisations is crucial for their participation in the fulfilment of the objectives of the Neighbourhood instrument, as well as acceptance and successful implementation of projects on the ground. As regards the new point (ja), support for civil society and assistance to peace processes are highly important issues which must be added to the types of measure concerning the Community assistance. Finally, the new point (jb) would allow for the additional needs of undemocratic regimes bordering the EU and ensures that all points of the scope of assistance (Article 2) are covered by measures in this instrument.
Amendment 96 Article 15, paragraph 2 a (new)
	2a. Community assistance shall normally not be used to finance taxes, customs duties and other fiscal charges.
Justification
Delivery of assistance to beneficiaries in countries with which the EU does not have any contractual relations may be very difficult and could become impossible if the provision that no funds may be used for the payment of fiscal charges must be strictly adhered to. An exception should therefore be made for these countries.
Amendment 97 Article 16, paragraph 1
(1) Community financing may also cover expenditure associated with the preparation, follow-up, monitoring, auditing and evaluation activities directly necessary for the implementation of this Regulation and for the achievement of its objectives, e.g. studies, meetings, information, awareness-raising, training and publication activities, expenditure associated with computer networks for the exchange of information and any other administrative or technical assistance expenditure that the Commission may incur for the management of the programme. It shall also cover expenditure at Commission Delegations on the administrative support needed to manage operations financed under this Regulation.	1. Community financing may also cover expenditure associated with the preparation, follow-up, monitoring, auditing and evaluation activities directly necessary for the implementation of this Regulation and for the achievement of its objectives, e.g. studies, meetings, information, awareness-raising, training and publication activities, training measures for partners enabling them to take part in the various stages of the programmes, expenditure associated with computer networks for the exchange of information, technical assistance for the establishment of Euroregions and their secretariats and any other administrative or technical assistance expenditure that the Commission may incur for the management of the programme. It shall also cover expenditure at Commission Delegations on the administrative support needed to manage operations financed under this Regulation.
Amendment 98 Article 16, paragraph 1 a (new)
	1a. ‘Support measures’ shall also mean training and educational measures enabling the partners referred to in Article 4(2) and (3) to perform the tasks of partnership in accordance with Article 4.
Justification
The partnership principle set out in Article 4(2) and (3) can be successfully implemented only with this provision since the conditions do not as yet exist in the ENP countries for this purpose.
Amendment 99 Article 17, paragraph 1, point (a)
(a) Member States, and in particular their public and parastatal agencies;	(a) Member States, their regional and local authorities and their public and parastatal agencies;
Amendment 100 Article 17, paragraph 1, point (b)
(b) other donor countries, and in particular their public and parastatal agencies;	(b) EEA countries, Switzerland and other donor countries, and in particular their public and parastatal agencies;
Justification
The draft regulation does not take into account the role of the EEA-countries and Switzerland as our cooperation partners and co-donors. Particularly our Northern neighbours and partners, Norway and Iceland, are playing an active role in both bilateral and multilateral cooperation in the Northern Regions. Both countries are full members of the Council of the Baltic Sea States, Barents Euro-Arctic Council and the Arctic Council. When developing the European Neighbourhood Policy we should take fully into account all our Southern, Eastern and Northern Neighbours. Furthermore we should effectively utilise the economic resources of countries like Norway and Switzerland in co-financing of the ENP.
Amendment 101 Article 18, paragraph 3
(3) The Commission shall conclude framework agreements with partner countries which shall provide for all measures necessary to ensure the effective implementation of Community assistance and protection of the Community’s financial interests.	3. The Commission, after informing the European Parliament and the Council of their likely content, may conclude framework agreements with partner countries on the implementation of the assistance.
Justification
There can be no legitimate management procedures without the EP being at least informed of the content of framework agreements.
This amendment is aimed at achieving more flexibility.
Amendment 102 Article 19, paragraph 1
(1) Budget commitments shall be made on the basis of decisions taken by the Commission in accordance with Articles 9(5), 12(1), 13(1) and 16(3).	1. Multiannual budget commitments shall be made on the basis of decisions taken by the Commission in accordance with Articles 9(5), 12(1), 13(1) and 16(3).
Justification
Multiannual budget commitments are vitally important for ensuring the qualitive development of cross-border cooperation on the EU´s future external borders and placing EU border regions on an equal footing with the Union´s internal borders.
Amendment 103 Article 20, paragraph 1
(1) Any agreements resulting from this Regulation shall contain provisions ensuring the protection of the Community’s financial interests, in particular with respect to fraud, corruption and any other irregularities, in accordance with Council Regulations (EC, Euratom) Nos 2988/95, No 2185/96 and No 1073/1999.	1. Any agreements resulting from this Regulation shall contain provisions ensuring the protection of the Community’s financial interests, in particular with respect to irregularities, fraud, corruption and any other illegal activity, in accordance with Council Regulations (EC, Euratom) Nos 2988/95, 2185/96 and 1073/1999.
Justification
This amendment makes the text more precise.
Amendment 104 Article 20, paragraph 2
(2) Agreements shall expressly entitle the Commission and the Court of Auditors to perform a document audit or an on-the-spot audit of any contractor or subcontractor who has received Community funds. They shall also expressly authorise the Commission to carry out on-the-spot checks and inspections, as provided for in Regulation (EC, Euratom) No 2185/96.	2. Agreements shall expressly entitle the Commission and the Court of Auditors to perform audits, including document audits or on-the-spot audits of any contractor or subcontractor who has received Community funds, including for the purpose of determining whether the implementation of agreements is in accordance with the principles of international law and the international conventions to which Member States are party and consistent with the acquis communautaire. They shall also expressly authorise the Commission to carry out the on-the-spot checks and inspections, as provided for in Regulation (EC, Euratom) No 2185/96.
Justification
It is necessary to determine whether the implementation of programmes is in accordance with international law.
Amendment 105 Article 21, paragraph 4
(4) The Commission may decide to open, wholly or partially, participation in the award of procurement or grant contracts financed under this Regulation to natural and legal persons of any other country in cases where reciprocal access to external assistance has been established.	4. The Commission may decide to open, wholly or partially, participation in the award of procurement or grant contracts financed under this Regulation to natural or legal persons of any other country whenever reciprocal access to external assistance has been established.
Justification
This amendment makes the text more precise.
Amendment 106 Article 21, paragraph 5 a (new)
	5a. Documentation pertaining to the realisation of projects under this Regulation should be made available also in the language of the respective beneficiary.
Justification
It should be avoided that technical difficulties limit the scope of potential contractors.
Amendment 107 Article 23, paragraph 1
(1) The funds referred to in Article 15(2)(c) shall be managed by financial intermediaries, the European Investment Bank or any other bank or organisation capable of managing them.	1. The funds referred to in Article 15(2), point (b) shall be managed by financial intermediaries, the European Investment Bank or any other bank or organisation capable of managing them.
Justification
This amendment is an editorial/technical adjustment.
Amendment 108 Article 24, paragraph 1
(1) The Commission shall regularly evaluate the results of geographical and thematic policies and programmes and of sectoral policies and the effectiveness of programming in order to ascertain whether the objectives have been met and enable it to formulate recommendations with a view to improving future operations.	1. The Commission shall regularly evaluate, through a transparent and participatory process, the results of geographical and thematic policies and programmes and of sectoral policies and the effectiveness of programming in order to ascertain whether the objectives have been met and enable it to formulate recommendations with a view to improving future operations.
Justification
It important to have an ex ante evaluation of the situation so as to come to the final evaluation of the effectiveness of policies and programmes.
Amendment 109 Article 24, paragraph 2
(2) The Commission shall send its evaluation reports to the Committee referred to in Article 26 for information.	(2) The Commission shall send significant evaluation reports to the Management Committees for discussion. These reports and discussions shall feed back into programme design and resource allocation.
Amendment 110 Article 24, paragraph 2 a (new)
	2a. An ex ante evaluation shall be conducted by the Commission, including in particular an evaluation of the social and economic situation, the environmental situation of the region or country concerned and the arrangements to integrate the environmental dimension into the assistance and the situation in terms of gender equality. After considering the evaluation reports, the European Parliament shall forward its recommendations to the Committee referred to in Article 26.
Justification
It important to have an ex ante evaluation of the situation so as to come to the final evaluation of the effectiveness of policies and programmes.
Amendment 111 Article 24, paragraph 2 b (new)
	2b.The Commission shall associate non-state actors in the evaluation phase of the Community assistance provided for under this Regulation, through the identification of ‘achievement indicators’ at country level.
Justification
The implementation, evaluation and monitoring of the ENPI at country level does not rely solely on the partner Government but on the society as a whole. Without the involvement of all actors, the partner governments can not succeed in achieving the objectives set by the ENPI.
Amendment 112 Article 25
The Commission shall examine the progress made on implementing the measures taken under this Regulation and shall submit to the European Parliament and the Council an annual report on the implementation of the assistance. This report shall also be submitted to the European Economic and Social Committee and to the Committee of the Regions. It shall contain information relating to the previous year on the measures financed, the results of monitoring and evaluation exercises, and the implementation of budget commitments and payments broken down by country, region and cooperation sector.	The Commission shall examine the progress made on implementing the measures taken under this Regulation and shall submit to the European Parliament and the Council an annual report on the implementation of the assistance. This report shall also be submitted to the European Economic and Social Committee and to the Committee of the Regions. It shall contain information relating to the previous year on the measures financed, the results of monitoring and evaluation exercises, the involvement of the relevant partners and the implementation of budget commitments and the payments broken down by country, region and cooperation sector.
Amendment 113 Article 26, paragraph 4 a (new)
	4a. The minutes of the committee meetings shall be sent to the European Parliament for information.
Justification
The European Parliament must be kept informed on the proceedings of the committee, including its agenda, the proposals presented and its decisions.
Amendment 114 Article 26 a (new)
	Article 26a
	The Commission shall, no later than 30 September in year n-2, present for each external policy instrument a multi-annual policy strategy paper that shall also contain a specific chapter on an indicative multi-annual financial framework. This paper shall normally span three years. The European Parliament shall, in year n-1, express its evaluation of each policy paper and its indicative financial framework after adopting its resolution on the Annual Policy Strategy (APS) for the year n. This procedure shall be without prejudice to the budgetary powers of the European Parliament and shall serve to ensure consistency in political priority-setting and in matching the above at budgetary level.   Before adopting the strategy papers referred to in Article 7(1) and (3) on which the country, multicountry, thematic and joint programmes will be based, the Commission shall submit the draft text to the European Parliament and the Council. Within three months of the submission of the draft text, each institution may either suggest amendments, if it considers that the draft text does not meet the objectives laid down by the legislative authority, or object to the adoption of that text and, possibly, ask the Commission to submit a proposal for a legislative act to be adopted in accordance with Article 251 of the Treaty.
Justification
It is imperative that the Parliament has influence also over the political priority-setting in country and/or thematic strategies and actions plans since the proposed regulation is of a framework nature only and stripped of most policy content This can be assured through a procedure compatible with the existing legislative and budgetary provisions while, at the same time, ensuring that there is no rigid over-regulation which would make it difficult to react to changing needs in the international field.
It is imperative that the Parliament keeps influence over the strategy documents, since the proposal for a regulation is of a very general nature, whereas the strategy documents are of a political nature rather than purely technical implementing measures. In principle the EP could insist that the legislative procedure of article 251 be maintained for the adoption of the strategy papers. But in order to provide some flexibility for the Commission a procedure is proposed where the strategy papers can be decided upon in comitology, provided that neither of the institutions object. This would mean that only in case that the draft texts by the Commission meet heavy opposition by the legislative authority, the legislative procedure would have to be followed
Amendment 115 Article 27, heading
Participation by a third country not eligible under this Regulation	Participation by a third country not mentioned in Annex 1
Justification
This amendment is meant for clarification.
Amendment 116 Article 27 a (new)
	Article 27a
	Transfer to the Instrument for Pre-Accession of a State in the event of that State being granted the status of candidate or potential candidate for EU membership   If the European Council recognises a State as a candidate or potential candidate for membership of the European Union, the Council, acting by qualified majority on the basis of a proposal from the Commission, and after consulting the European Parliament, shall include that country in the appropriate annex to the regulation on the Instrument for Pre-Accession. The Commission shall take appropriate measures to ensure a smooth transfer to funding from that instrument.
Justification
Any transfer of a country from the ENPI to the IPA should run as smoothly as possible.
Amendment 117 Article 27 b (new)
	Article 27b
	No contract allowing participation in ENPI-financed programmes or measures shall be concluded with any authority, public institution or private actor directly participating in, actively facilitating, or actively deriving benefit from, any violation of international law or international conventions to which Member States are parties.
Justification
It is of the utmost importance to point out that ENPI programmes cannot be used in violation of international law neither directly nor indirectly.
Amendment 118 Article 28
Without prejudice to the provisions on the suspension of aid in partnership and cooperation agreements and association agreements with partner countries and regions, where a partner country fails to observe the principles referred to in Title I, the Council, acting by a qualified majority on a proposal from the Commission, may take appropriate steps in respect of any assistance granted to the partner country under this Regulation.	Without prejudice to the provisions on the suspension of aid in partnership and cooperation agreements and association agreements with partner countries and regions, where a partner country fails to observe the principles referred to in Title I, the Council, acting by a qualified majority, after obtaining the opinion of the European Parliament, on a proposal from the Commission forwarded simultaneously to the European Parliament and to the Council, may take appropriate steps in respect of any assistance granted to the partner country under this Regulation. If a partner country is in serious breach of EU values, Community assistance to the recipient government through the ENP instrument shall be scaled down while the assistance and support given to the relevant non-state actors not controlled by that government, regardless of their legal status, shall be increased on an equivalent scale. With a view to avoiding such situations, priority should be given to projects in which EU Member States or organisations strive to support democratic institution-building and the development of human rights and free media in neighbouring countries with no contractual links to which assistance has been limited or withheld.
Justification
This amendment is intended to prevent that the ENPI provides funding to anti-democratic regimes.
Amendment 119 Article 28, paragraph 1 a (new)
	1a. The European Parliament may request the Commission to submit a proposal to the Council on taking appropriate steps with regard to any assistance granted under this Regulation pursuant to paragraph 1. The Commission shall submit its proposal to the Council within 3 months of receiving the request, or shall give its reasons for not doing so.
Justification
The European Parliament must have the possibility to initiate the suspension of assistance under this Regulation. The Commission shall be given appropriate time to reflect on Parliament's request.
Amendment 120 Article 28, paragraph 1 b (new)
	1b. In such a situation, Community assistance may continue to be made available to local non-governmental organisations located in partner countries which are in serious breach of EU values, via an EU non-governmental organisation, chosen through open tender, which would serve as a transparent funding umbrella to support democratic institution-building and the development of human rights and free media in the country concerned.
Justification
This amendment would allow for the funding of non-registered NGOs in undemocratic regimes in a transparent manner via the creation/engagement of a registered European NGO which could document all transfers and use of all EU assistance.
Amendment 121 Article 28 a (new)
	Article 28a
	The remaining part of the assistance earmarked by the Commission for a particular country which was not used by the recipient country mentioned in Article 28 in the past fiscal year, regardless of the reason, shall be made available for the same recipient in the next fiscal year in accordance with the " n+1" rule.
Justification
The amendment gives a greater chance for a development to the lesser developed EU neighbours, ensuring a stabile and secured development of the region.

Amendment 122

Article 29

The financial reference amount for implementation of this Regulation over the period 2007‑2013 is € 14 929 million. Annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspectives.	The indicative financial reference amount for implementation of this instrument is set at EUR 16 978 million for the period of 7 years beginning on 1 January 2007. Annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspectives.

Justification

The reference amount is consistent with EP's negotiating position (Böge report). It is calculated on the basis of the Commission financial statement for this programme (in current prices) to which the amount of EUR 2 049 million in current prices is added.  

Furthermore, the reference amount for the financial framework cannot be set until such time that a decision has been reached on the Financial Perspective. Once a decision is reached, the Commission shall present, if necessary, a legislative proposal to set the reference amount with respect to the appropriate ceiling of the financial perspective (see amendment to the legislative resolution).

Amendment 123 Article 30
The Commission shall submit to the European Parliament and the Council by 31 December 2011 any proposals concerning the future of this Regulation that may be necessary.	The Commission shall submit to the European Parliament and the Council not later than 31 December 2010 a report evaluating the implementation of this Regulation in the first three years, together with, where appropriate, a legislative proposal introducing any necessary modifications.
Amendment 124 Article 32, subparagraph 2
It shall apply from 1 January 2007.	It shall apply from 1 January 2007 to 31 December 2013.
Justification
A standard expiry clause of this kind coinciding with the duration of the next financial framework will be inserted into all the other instrument governing the Community's External Assistance.

• [1]  Not yet published in OJ.

EXPLANATORY STATEMENT

Introduction

The European Neighbourhood and Partnership Instrument (ENPI) is one of four new external aid instruments proposed by the Commission in the so-called Prodi package[1]. It should become effective together with the new financial perspective on 1 January 2007, and should replace several of the instruments currently in use, in particular TACIS[2] and MEDA. The third countries benefiting from the ENPI should be those to which the European Neighbourhood Policy (ENP)[3] is addressed, including Russia.

As a general principle, only one instrument should be used for each country. The ENPI should comprise country, multi-country and thematic programmes, each based on a strategy paper. The country strategy papers, in their turn, should support the implementation of ENP Action Plans, where such exist (for Belarus and Libya, none is foreseen and, as explained in footnote 3, Russia is a special case). The proposed ENPI also includes cross-border cooperation (CBC) programmes which will cover both the EU and the third country sides of the EU external borders. Half of the financing of these programmes should come from the European Regional Development Fund (ERDF) and a roughly equal proportion can be expected to be spent on the EU side of the borders. Although it simplifies the management of CBC programmes, which so far has been frustratingly difficult, the new model presupposes extensive preparations. The Commission is working on an implementation regulation, which it could adopt by itself. Agreements with the relevant third countries must also be concluded and may well have to go through time-consuming ratification procedures.

The Commission proposes that € 14 929 million are allocated to the ENPI over the period 2007-2013. This represents roughly 15 per cent of the proposed total spending on external relations and as little as 1.5 per cent of the proposed total EU expenditure.

General appraisal of the Commission proposal

Streamlining of external aid management procedures makes very much sense, and so does the elaboration of a new framework for cross-border cooperation[4]. The challenges associated with the launch of a new model for CBC should, however, not be underestimated. A well-prepared implementation regulation will be necessary to improve the prospects for successful launch and effective operation of the new model. Since the implementation regulation is a vital part of the new set-up on which Parliament and the Council are to take a decision, the Commission should present its draft implementation regulation without delay.

Like other regulations in the Prodi package, the ENPI regulation is in many respects of a rather general character and only provides a framework. The increased emphasis on the implementation phase following from this reduces the role of the European Parliament and lessens the value of the application of the co-decision procedure to this regulation. Parliament is currently conducting negotiations with the Council and the Commission to redress the balance and ensure that it can exert a proper influence. In order not to reduce the prospects for a smooth launch, the Commission, the Council and Parliament must therefore make steady progress in the current negotiations on the whole package of new regulations, as well as in upcoming, parallel negotiations on the individual regulations.

The 'one country-one instrument principle' needs to be softened. Unless this principle is abandoned in relation to the many developing countries in the neighbourhood (which would then be eligible for aid also via the DCECI), poverty reduction and other social objectives must be given a more prominent role in the ENPI regulation. The opinion of the Development Committee should provide a good basis for strengthening the ENPI regulation in this regard. Furthermore, the ENPI and the IPA regulations should be designed in a way which limits difficulties in the event that a country covered by the ENPI would become a potential candidate or candidate country, and therefore eligible for IPA aid.

A separate instrument for the promotion of democracy and human rights is needed to put Parliament in a better position to promote effectiveness in the EU action in this area. Where civil society organisations suffer severe repression, as is currently the case e.g. in Belarus, innovative support models must be developed. These should possibly include a European Civil Society Development Fund/European Democracy Fund supported by the EU and able to act in a more flexible way.

The proposed financial allocation does not reflect the importance of the strategic objectives of the policies which the ENPI is intended to support. These objectives include building security in our neighbourhood (a key point in the European Security Strategy), contributing to increased prosperity, promoting democracy, human rights and good governance and preventing the emergence of new dividing lines in Europe.

Key points

1. Enhancing the role of the European Parliament, both in programming and in monitoring activities.

Parliament must have a clear role not only in the programming, but also in the monitoring of the programmes developed within the framework of the ENPI. This should encompass the preparation of the strategy papers on the basis of which country, multi-country and thematic programmes will be developed. In these documents, the real shape of the co-operation with the partner countries will emerge. The strategy papers are to reflect the policy framework and the ENP Action Plans with regard to relevant countries. The strategy papers will have as one of their functions to determine the indicative multi-annual financial allocations. Parliament must have a say in these central aspects of the ENPI.

In its present form, the ENPI regulation does not envisage any role for Parliament in the adoption of the strategy papers (Article 7). The annual action programmes dealt with in article 12 would be adopted by the Commission alone.

Enhancing Parliament's role in the programming and monitoring is now the most important issue in the Parliament-Council-Commission trialogue on the new external aid instruments. When the present report has reached the amendments stage, your rapporteur intends to table amendments in the light of the progress which will then have been achieved in the trialogue.

2. Enabling partner states to take advantage of more than one external actions' financial instruments.

Many of the countries covered by the ENPI are developing countries, according to standard UN and OECD definitions, and need to more effectively address social and economic problems which can be of a rather basic nature and for which the UN's Millennium Development Goals (MDGs) are highly relevant. It seems appropriate to allow relevant countries to benefit not only from the ENPI, but also from the DCECI, which is specifically designed to help countries deal with developmental problems.

3. Ensuring adequate funding and appropriate distribution between regions and themes.

Parliament's Temporary Committee on the New Financial Perspective found an increase of €1.8 bn necessary (on the basis of a seven year period of validity). As regards cross-border cooperation over external borders, the Commission proposal of a total of €3.2 bn, from the Structural Funds, ENPI and IPA[5], should be seen as an absolute minimum.

The regulation should include provisions regulating the geographical and thematic share-out of the funds. The principle of using objective criteria should be introduced, inter alia to ensure that a more equitable distribution of funds between the eastern and the southern neighbourhood is achieved.

The regulation should include provisions regulating the geographic and thematic share-out of the funds. The principle of using objective criteria should be introduced, inter alia to ensure that a more equitable distribution of funds between the eastern and the southern neighbourhood is achieved. The annual EU budgets must include a breakdown between the southern and the eastern neighbours listed in Annex 1, as well as separate envelopes for country and multi-country programmes, thematic programmes and cross-border cooperation programmes.

4. Ensuring that adequate assistance will be directed also towards neighbouring countries which have no contractual arrangements with the EU.

Article 2 of the proposed ENPI regulation states that the assistance under the ENPI should promote implementation of present and future agreements between partner countries and the EU. No reference is made to countries which do not have any contractual link with the EU. The nature of the regimes in the countries and the great difficulties civil society organisations there face are not valid reasons for any lowering of ambitions to support such organisations, but rather underlines the need to find effective ways of doing this. For a start, it should be made fully clear that financing shall be provided also for projects in these countries.

The ENPI regulation should furthermore include provisions on monitoring of the observance of human rights and democratic values in these and other countries and on possible EU responses to negative developments.

5. Including a call for a separate instrument for promotion of human rights and democracy.

The possibility to support civil society and promote democracy and fundamental freedoms without having to obtain government approval and without being limited by too narrow definitions of activities for which such procedures are applicable should be ensured.

6. Strengthening the role of civil society organisations in the consultation process and improving their access to ENPI-funded programmes and projects.

Civil society organisations should be given a greater role. This is not only for democracy, effectiveness, transparency and other reasons which have led the EU to ensure involvement of the civil society in policy-making and policy-delivery within the EU. It is also a fact that sometimes civil society organisations represent one of very few possible paths, or possibly the only one, by which ENPI aid can be channelled with any reasonable prospect for success. Civil society organisations are the seeds of democratic movements; they will be pivotal in the future when change in such countries occurs.

7. Strengthening the role of the local and regional authorities and the civil society.

In countries where the national authorities are not willing to co-operate with the EU, the local and regional authorities could be equally important partners. Thus, their role should be appropriately highlighted in the ENPI.

8. Allowing for the differences between partner states from the South and from the East

These differences will be reflected in the strategy papers, but it seems important that the ENPI also makes a reference to these differences. It must be emphasised that the ENP, through its financial instrument, should take into consideration the differences between its neighbours in the South and in the East whose reforms develop at different rhythms and their situation follows different patterns common to the geographic area. Some diversification of the EU support is needed to allow for the countries' needs and natures, as well as their ambitions concerning integration with the EU.

9. Facilitation of transfer from the ENPI to the IPA in case the status as potential candidate or candidate for EU accession is granted.

It is not excluded that some countries covered by the ENPI within the 2007-2013 period will receive the status of potential candidate or candidate for EU accession. A flexibility mechanism should be introduced in the ENPI in order to make it possible to deal with such a situation in a smooth and appropriate way.

• [1]  The others are: an Instrument for Pre-accession (IPA) a Development Cooperation and Economic Cooperation Instrument (DCECI) and a Stability Instrument. The four new instruments should be complemented with instruments for humanitarian aid and macro-financial assistance, which already exist. The Commission considers that the 4+2 would be sufficient to replace the current about 30 external aid instruments.
• [2]  The Central Asian countries and Mongolia, which are covered by TACIS, are, however, not among the ENPI beneficiaries.
• [3]  In the East: Ukraine, Moldova, Belarus, Armenia, Azerbaijan and Georgia, as well as Russia (although a separate framework has been agreed for the EU-Russia cooperation, in the form of four common policy spaces). In the South: the EU's partners in the Barcelona process, notably Algeria, Egypt, Israel, Jordan, Lebanon, Libya, Morocco, the Palestinian Authority, Syria and Tunisia.
• [4]  The CBC provisions will be dealt with mostly by the Committee on Regional Affairs (REGI) in its opinion. The enhanced cooperation procedure (rule 47 of Parliament's Rules of Procedure) is applied for the REGI opinion.
• [5]  Instrument for Pre-Accession

OPINION of the Committee on Regional Development(*) (28.9.2005)

for the Committee on Foreign Affairs

on the proposal for a regulation of the European Parliament and of the Council laying down general provisions establishing a European Neighbourhood and Partnership Instrument
(COM(2004)0628 – C6-0129/2004 – 2004/0219(COD))

Draftsman (*): Lambert van Nistelrooij

(*) Enhanced cooperation between committees - Rule 47 of the Rules of Procedure

SHORT JUSTIFICATION

1. General background

In order to promote the balanced development of the EU territory, the Commission is proposing -under the structural funds regulations- a new "Territorial co-operation" Objective for cross-border, transnational and interregional co-operation. All regions on internal and external frontiers will be able to co-operate with their neighbours. In that context, the European Commission proposes an entire package concerning regional development and cross-border cooperation within the European Union (European grouping of cross-border co-operation) with candidate countries and potential candidate countries (Instrument for Pre-Accession), and with third countries lying on the Union’s southern and eastern external borders (European Neighbourhood and Partnership Instrument).

The European Neighbourhood and Partnership Instrument (ENPI) will cover third countries participating in European neighbourhood policy, i.e. the countries of the south and east Mediterranean, Ukraine, Moldova and Belarus, and the countries of the southern Caucasus, thus replacing MEDA and part of Tacis. The ENPI will also support the Community’s strategic partnership with Russia.

In keeping with the priority attached to the European Neighbourhood Policy by the EU, the Commission has proposed that assistance to the countries concerned be increased significantly to €14.9 billion for 2007-2013, as compared to approximately €8.5 billion for 2000-2006. Around EUR 1.6 billion of the budgets allocated to the ENPI and the IPA will come from the new ‘European territorial co-operation’ objective (and thus the European Regional Development Fund). This amount will cover the component for cross-border co-operation at the EU’s external borders between Member States and the ENPI and IPA countries.

The European Parliament[1] considers that the enlarged EU's goals, particularly for European pre-accession aid and neighbourhood partnerships justify an increase of EUR 2.5 billion and a reorientation of EUR 1.5 billion.

The Commission establishes a transitional arrangement and will apply as long as the new mechanism for "shared management" under IPA and ENPI are not in place. Shared management allow us to implement the programmes of cross-border cooperation with a single set of rules and with a single source of funding. It should allow Member States to draw down their resources ear-marked for the IPA and the ENPI cross-border cooperation, in Chapter 1b of the Union budget 2007-2013.

2. Purpose of the Commission proposal

In the Commission proposal, the ENPI instrument is composed of several important financial elements as well as instruments for cross-border cooperation between the regions of the Member States and the regions of the countries sharing a common border with the European Union. The form of cross-border cooperation contained in this proposal is very similar to that proposed in the draft regulations on the reform of the Structural Funds, namely the general regulation on Structural Funds, the European Regional Development Fund (ERDF), and that establishing a European Grouping of Cross-border Cooperation (EGCC).

This instrument will finance joint projects that bring together regions from EU Members States and partner countries sharing a common border. For the European Commission, the ENPI will bring a radical simplification in procedures compared to the present situation where joint projects across the EU’s external border need to be managed under different procedures for each side of the border. In the meantime, until 2006, so-called Neighbourhood Programmes have been introduced which improve coordination between different existing instruments supporting cross-border co-operation.

The ENPI will use an approach very similar to that used in the management of the structural funds for regional development in the EU, based on multi-annual programming, partnership and co-financing.

The cross-border cooperation component of the ENPI will be endowed with additional resources and co-financed on the EU-side of the border by the ERDF.

Detailed rules of operation will be developed. These implementing rules will include criteria and procedures for fund allocation, co-financing, preparation of joint programmes, joint project selection, technical and financial management of the assistance, financial control and audit, monitoring and evaluation, visibility and publicity.

3.   The main aspects dealing with regional and cohesion policy in this

Proposal and the assessment by the draftsman

The draftsman welcomes the proposal to create a ´European Neighbourhood and Partnership Instrument´ (ENPI) Particularly the innovative ´cross-border cooperation component´, which incorporates the key basic principles of the Structural funds (joint programmes, multi-annual approach, partnership, co-financing with due to regard of any specific foreign policy conditions, ERDF co-financing, and so on).

ENPI should not only focus primarily on the partner countries; cross border cooperation also affects EU border regions. The EU border regions should be placed on an equal footing with the Union's internal borders. However one general problem ought to be highlighted, that some provisions of the regulation to cross-border cooperation would not always lead for border regions to be better off as they were under the INTERREG programme.

This regulation should use standard EU terminology, i.e. transeuropean cooperation should be divided into cross-border, interregional and transnational cooperation. Instead of ´joint-programmes´ the regulation should comply with the wording of the provisions under the European Regional and Development Fund on ´territorial cooperation´ therefore the description ´operational programmes has the preference.

Ø Type of programmes (article 6): this article describes the type of programmes through which assistance will be provided under this Regulation, namely country/multi-country programmes, thematic programmes and cross-border cooperation programmes. The draftsman has the opinion that where programmes address regional and local issues a decentralised approach should be supported.

Ø Programming and allocation of funds (Article 7): strategy papers containing multi-annual indicative programmes will establish the priorities for assistance and determine multi-annual financial allocations to programmes. The strategy paper(s) for cross-border cooperation are mainly aimed at establishing the list of “joint” cross-border programmes, their geographical coverage and their allocations. Under the provision of this Regulation the European Regional Development Fund will contribute to cross-border cooperation programmes therefore the draftsman has the opinion that if regional or local authorities make initiatives, funds should be allocated.

Ø Geographical eligibility (Article 8): it establishes the criteria determining the territorial units of Member States and partner countries that will be covered by cross-border cooperation programmes. This includes all NUTS‑III level regions along land borders and sea crossings of significant importance and all NUTS‑II maritime regions facing a common sea basin. Adjoining regions can also be associated in cooperation. The draftsman has the opinion that it should be made clear to which category involving NUTS II coastal regions belongs: cross-border programmes or trans-regional and/ or trans-national programmes.

Ø Programming (Article 9): it includes specific provisions for establishing Joint Programmes bringing together eligible regions of Member States and partner countries. The draftsman welcomes the safeguard clause which allows in certain circumstances the border regions to receive assistance if a serious crisis between the European Union and the partner country appears, in order to make establishing joint programmes possible. The draftsman has the opinion that the organisation for territorial cooperation should be in line with the organisation settings for ´territorial cooperation´ as mentioned in the ERDF. Besides, the A steering committee as well as an independent secretariat should be set up in order to facilitate the organisation for cross-border cooperation programmes. The draftsman has also the opinion that the involvement of regional and local authorities should be covered by mentioning the subsidiarity principle.

Ø Management (Article 10): it provides for cross-border programmes to be managed jointly by the relevant Member States and partner countries through a Joint Managing Authority (JMA) operating through shared management and normally located in a Member State. This management method is compatible with the programme‑based, multi-annual, bottom-up approach which characterises cross-border cooperation programmes. The Member State hosting the JMA will be responsible to the Commission for the regularity of the operations financed under the programme, as is the case under Structural Funds. The draftsman has the opinion that unlike the territorial cooperation, no mention is made of a decentralised implementation with the participation of regional and local bodies or of a decentralised steering committee.

AMENDMENTS

The Committee on Regional Development calls on the Committee on Foreign Affairs, as the committee responsible, to incorporate the following amendments in its report:

Text proposed by the Commission[2]	Amendments by Parliament
Amendment 1 Recital 2
(2) The European Council, meeting in Copenhagen on 12 and 13 December 2002, confirmed that enlargement of the European Union presents an important opportunity to take forward relations with neighbouring countries based on shared political and economic values, and that the Union remains determined to avoid new dividing lines in Europe and to promote stability and prosperity within and beyond the new borders of the Union.	(2) The European Council, meeting in Copenhagen on 12 and 13 December 2002, confirmed that enlargement of the European Union presents an important opportunity to take forward relations with neighbouring countries based on shared political and economic values, and that the Union remains determined to avoid new dividing lines in Europe and to promote stability, prosperity and sustainable development within and beyond the new borders of the Union.
Amendment 2 Recital 4
(4) The privileged relationship between the European Union and its neighbours will build on commitments to common values, including democracy, the rule of law, good governance and respect for human rights, and to the principles of market economy, free trade, sustainable development and poverty reduction.	(4) The privileged relationship between the European Union and its neighbours will build on commitments to common values, including democracy, the rule of law, good governance and respect for human rights, and to the principles of market economy, free trade, sustainable development, economic and social cohesion and poverty reduction.
Justification
In addition to poverty reduction, economic and social cohesion should be a further principle underlying relations between the Union and its neighbours.
Amendment 3 Recital 5
(5) In Eastern Europe and the Southern Caucasus, the Partnership and Cooperation Agreements provide the basis for contractual relations. In the Mediterranean, the Euro-Mediterranean Partnership (the “Barcelona Process”) provides a regional framework for cooperation which is complemented by a network of Association Agreements.	(5) In Eastern Europe and the Southern Caucasus, the Partnership and Cooperation Agreements provide the basis for contractual relations. In the Mediterranean, the Euro-Mediterranean Partnership (the “Barcelona Process”) provides a regional framework for cooperation which is complemented by a network of Association Agreements, while the Northern Dimension provides a framework for cooperation between the European Union and its northern neighbours.
Justification
The draft regulation does not take into account the role of the EEA-countries and Switzerland as our cooperation partners and co-donors. Particularly our Northern neighbours and partners, Norway and Iceland, are playing an active role in both bilateral and multilateral cooperation in the Northern Regions. Both countries are full members of the Council of the Baltic Sea States, Barents Euro-Arctic Council and the Arctic Council. When developing the European Neighbourhood Policy we should take fully into account all our Southern, Eastern and Northern Neighbours. Furthermore we should effectively utilise the economic resources of countries like Norway and Switzerland in co-financing of the ENP.
Amendment 4 Recital 6
(6) Under the European Neighbourhood Policy, a set of priorities are defined together the European Union and the partner countries, to be incorporated in a series of jointly agreed Action Plans, covering a number of key areas for specific action, including political dialogue and reform, trade and economic reform, equitable socio-economic development, justice and home affairs, energy, transport, information society, environment, research and innovation, and people-to-people contacts. Progress towards meeting these priorities will contribute to realising the full potential of the Partnership and Cooperation Agreements and the Association Agreements.	(6) Under the European Neighbourhood Policy, a set of priorities are defined together the European Union and the partner countries, to be incorporated in a series of jointly agreed Action Plans, covering a number of key areas for specific action, including political dialogue and reform, trade and economic reform, equitable socio-economic development, justice and home affairs, energy, transport, information society, environment, research and innovation, development of civil society and people-to-people contacts. Progress towards meeting these priorities will contribute to realising the full potential of the Partnership and Cooperation Agreements and the Association Agreements.
Amendment 5 Recital 7
(7) In order to support the partner countries’ commitment to common values and principles and their efforts in the implementation of the action plans, the Community must be in a position to provide assistance to those countries and to support various forms of cooperation among them and between them and the Member States with the aim of developing a zone of shared stability, security and prosperity involving a significant degree of economic cooperation and political integration.	(7) In order to support the partner countries’ commitment to common values and principles and their efforts in the implementation of the action plans, the Community must be in a position to provide assistance to those countries and to support various forms of cooperation among them and between them and the Member States with the aim of developing a zone of shared stability, security and prosperity involving a significant degree of economic and civil society cooperation, sustainable development and political integration.
Amendment 6 Recital 13
(13) In order to assist neighbouring partner countries in achieving their objectives, and to promote cooperation between them and Member States, it is desirable to establish a single policy-driven instrument which will replace a number of existing instruments, ensuring coherence and simplifying assistance programming and management	(13) In order to assist neighbouring partner countries in achieving their objectives, and to promote cooperation between them and Member States, it is desirable to establish a single policy-driven instrument which will replace a number of existing instruments, ensuring coherence and simplifying assistance programming and management. Others donors, particularly the Member States of the European Economic Area and Switzerland, are invited to participate in the projects financed by the instrument.
Justification
The draft regulation does not take into account the role of the EEA-countries and Switzerland as our cooperation partners and co-donors. Particularly our Northern neighbours and partners, Norway and Iceland, are playing an active role in both bilateral and multilateral cooperation in the Northern Regions. Both countries are full members of the Council of the Baltic Sea States, Barents Euro-Arctic Council and the Arctic Council. When developing the European Neighbourhood Policy we should take fully into account all our Southern, Eastern and Northern Neighbours. Furthermore we should effectively utilise the economic resources of countries like Norway and Switzerland in co-financing of the ENP.
Amendment 7 Recital 14 a (new)
	(14a) This instrument will also support small projects (Micro Projects) promoting cross-border cooperation of people (people-to-people contacts) whose management will be directly entrusted to cross-border cooperation programmes.
Amendment 8 Recital 18
(18) The objectives of the action proposed are to promote enhanced cooperation and progressive economic integration between the European Union and neighbouring countries. Since these objectives cannot be sufficiently achieved by the Member States and can, by reason of the scale of the action, be better achieved by the Community, the Community may take measures according to the principle of subsidiarity established in Article 5 (2) of the EC Treaty. In accordance with the principle of proportionality laid down in that Article, this Regulation does not go beyond what is necessary to attain these objectives.	(18) The objectives of the action proposed are to promote enhanced cooperation and progressive economic integration between the European Union and neighbouring countries. Since these objectives cannot be sufficiently achieved by the Member States and can, by reason of the scale of the action, be better achieved by the Community, the Community may take measures according to the principle of subsidiarity established in Article 5 (2) of the EC Treaty. In accordance with the principle of proportionality laid down in that Article, this Regulation shall not go beyond what is necessary to attain these objectives.
Justification
As it stands in Article 5 (3) of the EC Treaty.
Amendment 9 Article 1, paragraph 1
(1) This Regulation establishes a Neighbourhood and Partnership Instrument to provide assistance (hereinafter ‘Community assistance’) for the development of an area of prosperity and good neighbourliness involving the European Union and the countries listed in Annex 1 (hereinafter ‘partner countries’).	(1) This Regulation establishes a Neighbourhood and Partnership Instrument to provide assistance (hereinafter ‘Community assistance’) for the sustainable development of an area of prosperity and good neighbourliness involving the European Union and the countries listed in Annex 1 (hereinafter ‘partner countries’). Community assistance under this Regulation shall be co-ordinated with other Community programmes and especially with the European Economic Area, taking into account the Northern Dimension as well as co-operation within the Barents Euro-Arctic Council and the Arctic Council.
Amendment 10 Article 1, paragraph 2
(2) Community assistance shall be used for the benefit of partner countries. Community assistance may be used for the common benefit of Member States and partner countries, for the purpose of promoting crossborder and trans-regional cooperation as defined in Article 6	(2) Community assistance shall be used for the benefit of partner countries. Community assistance may be used for the common benefit of Member States and partner countries, for the purpose of promoting crossborder, trans-regional and people-to- people cooperation as defined in Article 6.
Amendment 11 Article 2, paragraph 1
(1) Community assistance under the Neighbourhood and Partnership Instrument shall promote enhanced cooperation and progressive economic integration between the European Union and the partner countries and, in particular, the implementation of partnership and cooperation agreements, association agreements or other existing and future agreements.	(1) Community assistance under the Neighbourhood and Partnership Instrument shall promote enhanced cooperation and progressive economic, social and environmental integration between the European Union and the partner countries and, in particular, the implementation of partnership and cooperation agreements, association agreements or other existing and future agreements.
Amendment 12 Article 2, paragraph 2, point (e)
(e) promoting environmental protection and good management of natural resources;	(e) promoting environmental protection and good management of natural resources such as fresh water and of renewable energy resources;
Justification
The idea is to supply a missing link. Promoting environmental protection implies that management must cover both natural resources and renewable energy resources and the two have to be dealt with together.
Amendment 13 Article 2, paragraph 2, point (f a) (new)
	(fa) supporting local and regional development efforts aimed at eliminating regional disequilibrium and boosting potential development capacity;
Justification
The failure to mention the above objective needs to be remedied in order to create better opportunities for countries receiving assistance to overcome regional inequality and tackle the contributory causes.
Amendment 14 Article 2, paragraph 2, point (i a) (new)
	(ia) fostering good governance, administrative transparency and the rule of law and fighting corruption;
Amendment 15 Article 2, paragraph 2, point (k)
(k) promoting the development of a market economy, including measures to support the private sector, encourage investment and promote global trade;	(k) promoting the development of a market economy, including measures to support the private sector and the development of small and medium-sized enterprises, encourage investment and promote global trade;
Amendment 16 Article 2, paragraph 2, point (l)
(l) promoting cooperation in the energy, telecommunication and transport sectors including on interconnections, the networks and their operations, the security and safety of international transport and energy operations, renewable energy sources, energy efficiency and clean transport;	(l) promoting cooperation in the energy, telecommunication and transport sectors including on interconnections, the networks and their operations, the security and safety of international transport and energy operations, renewable energy sources, energy efficiency and sustainable transport;
Amendment 17 Article 2, paragraph 2, point (o)
(o) promoting cooperation in the field of justice and home affairs, including on issues such as asylum and migration and the fight against and prevention of terrorism and organised crime, including its financing, money laundering and tax fraud;	(o) promoting cooperation in the field of justice and home affairs, including on issues such as asylum and migration, people trafficking and the fight against and prevention of terrorism and organised crime, including its financing, money laundering and tax fraud;
Justification
From the point of view of human rights, people trafficking is posing a growing challenge that demands comprehensive action extending to many different spheres and tiers of government.
Amendment 18 Article 2, paragraph 2, point (s)
(s) promoting understanding between cultures, people-to-people contacts, cooperation between civil societies and exchanges of young people;	(s) promoting understanding between cultures, people-to-people contacts, cooperation between civil societies, exchanges of young people and cultural cooperation ;
Amendment 19 Article 2, paragraph 2, point (s a) (new)
	(sa) supporting Micro Projects with limited resources promoting cross-border cooperation of people (people-to-people contacts).
Amendment 20 Article 2, paragraph 2, point (u a) (new)
	(ua) promoting cooperation in the area of sustainable urban development;
Amendment 21 Article 2, paragraph 2, point (v)
(v) promoting regional cooperation and integration;	(v) promoting regional and sub-regional cooperation and integration;
Justification
In accordance with the crossborder and trans-regional cooperation as it's defined in Article 6 of the present proposal.
Amendment 22 Article 3
(3) The partnership and cooperation agreements, the association agreements and other existing or future agreements which establish a relationship with partner countries, and the relevant Commission communications and Council conclusions laying down guidelines for European Union policy towards these countries, shall provide an overall policy framework for the programming of assistance under this Regulation. Jointly agreed action plans or other equivalent documents shall provide a key point of reference for setting assistance priorities.	(3) The partnership and cooperation agreements, the association agreements and other existing or future agreements which establish a relationship with partner countries, and the relevant Commission communications, Council conclusions laying down guidelines for European Union policy towards these countries and the acts of the European Parliament, shall provide an overall policy framework for the programming of assistance under this Regulation. Jointly agreed action plans or other equivalent documents shall provide a key point of reference for setting assistance priorities.
Amendment 23 Article 4, paragraph 2
(2) Community assistance under this Regulation shall normally be established in partnership between the Commission and the beneficiaries. The partnership shall involve, as appropriate, national, regional and local authorities, economic and social partners, civil society and other relevant bodies.	(2) Community assistance under this Regulation shall normally be established in partnership between the Commission and the beneficiaries. The partnership shall involve, as appropriate, national, regional and local authorities, economic and social partners, civil society and other relevant bodies, whilst aiming at strengthening decentralised multi-layer management in order to achieve greater efficiency.
Justification
The use of decentralised multi-level types of governance could, in principle, contribute to a greater efficiency in the management of the programme.
Amendment 24 Article 4, paragraph 4 a (new)
	(4a) In accordance with the priority of support for the development of civil society, democratisation and promotinghuman rights, in duly justified cases Community assistance may be provided without co-financing from beneficiary countries.
Amendment 25 Article 5, paragraph 2
(2) The Commission and the Member States shall ensure coherence between Community assistance provided under this Regulation and financial assistance provided by the Community and the Member States through other internal and external financial instruments and by the European Investment Bank.	(2) The Commission and the Member States shall ensure coherence between assistance provided under this Regulation by the Community and Community financial institutions such as the European Investment Bank and the European Investment Fund, and financial assistance provided by the Community and the Member States through other internal and external financial instruments.
Justification
This amendment clarifies the position of the Community institutions and, by taking account of its powers, will enable the European Investment Fund to demonstrate its abilities.
Amendment 26 Article 6, paragraph 1, point (a)
(a) country or multi-country programmes, covering assistance to one partner country or addressing regional and sub-regional cooperation between two or more partner countries, in which Member States may participate.	(a) country or multi-country programmes, covering assistance to one partner country or addressing regional and sub-regional cooperation between two or more partner countries, in which Member States or their regions participate.
Justification
Taking into account the political and administrative organization of Member States and to be in coherence with the geographical eligibility for assistance under crossborder or transregional cooperation
Amendment 27 Article 6, paragraph 1, point (b)
(b) thematic programmes, addressing one or more specific challenges which are common to several partner countries and which may be relevant to one or more Member States;	(b) thematic programmes, addressing one or more specific challenges which are common to several partner countries and which may be relevant to one or more Member States concerning issues such as human rights and the environment;
Justification
Thematic programmes are normally used to address invisible and recognisable way global challenge of particular importance, or, when this is considered appropriate the external projection of internal policies. This is particularly important since the simplification of the financial instrument means that instruments such as LIFE third countries will cease to exist under separate legal basis. It will be possible to associate Member States in thematic programmes through transregional cooperation. Environment and "people to people issues, including civil society development” are identified in the Communication of the Commission on the ENP Strategy Paper as part of the priorities for regional cooperation. Moreover, the possibility to create thematic programmes on these issues is mentioned in the Annex of the proposal (p.44), but needs also to be integrated in the text of the new Regulation so that it becomes mandatory.
Amendment 28 Article 6, paragraph 1, point (c)
(c) cross-border cooperation programmes, covering cooperation between one or more Member States and one or more partner countries, taking place in regions adjacent to their shared part of the external border of the European Community	(c) cross-border and transnational cooperation programmes, covering cooperation between one or more Member States,
Justification
The draft regulation does not take into account the role of the EEA-countries and Switzerland as our cooperation partners and co-donors. Particularly our Northern neighbours and partners, Norway and Iceland, are playing an active role in both bilateral and multilateral cooperation in the Northern Regions. Both countries are full members of the Council of the Baltic Sea States, Barents Euro-Arctic Council and the Arctic Council.
Amendment 29 Article 6, paragraph 2
(2) Community assistance may be provided under this Regulation to transregional cooperation involving partner countries and Member States in the context of thematic programmes and multicountry programmes addressing regional and subregional cooperation.	(2) Community assistance shall be provided under this Regulation to transregional cooperation involving partner countries and Member States in the context of thematic programmes and multicountry programmes addressing regional and subregional cooperation, insofar as it contributes to the fulfilment of the objectives of the Community assistance.
Justification
As it’s stated in Article 1 (2), Community assistance under the Neighbourhood and Partnership Instrument has «the purpose of promoting crossborder and trans-regional cooperation».
Amendment 30 Article 6, paragraph 2 a (new)
	(2a) The eligible border regions of the Member States shall be covered by specific crossborder cooperation programmes set up under this Regulation. Member States may also participate in thematic and/or multicountry programmes through transregional cooperation.
Amendment 31 Article 6, paragraph 2 a (new)
	(2a) The eligible border regions of the Member States shall be covered by crossborder cooperation programmes set up under this Regulation. Member States may be associated with thematic and/or multicountry programmes primarily through transnational cooperation.
Justification
It is important to underline that cross-border cooperation programmes cover the eligibility of border regions. It is important to emphasise a decentralised approach to the development of these programmes. Where programmes address regional and local issues, it is important that the EU regional and local authorities are fully involved in the development and implementation of the cross-border cooperation programmes.
Amendment 32 Article 7, paragraph 1
(1) For country or multicountry and thematic programmes, strategy papers shall be adopted, in accordance with the procedure referred to in Article 26(2). Strategy papers shall reflect the policy framework and the action plans referred to in Article 3. Strategy papers shall be established for a period compatible with the priorities set in the policy framework and shall contain multiannual indicative programmes including indicative multiannual financial allocations. They shall be reviewed as and when necessary and may be revised in accordance with the procedure referred to in Article 26(2).	(1) For country or multicountry and thematic programmes, strategy papers shall be adopted, in accordance with the procedure referred to in Article 26(2). Strategy papers shall reflect the policy framework and the action plans referred to in Article 3. The effective participation of non-state actors in the establishment of these strategy papers shall be ensured, particularly at regional / local level. Strategy papers shall be established for a period compatible with the priorities set in the policy framework and shall contain multiannual indicative programmes including indicative multiannual financial allocations. They shall be reviewed as and when necessary and may be revised in accordance with the procedure referred to in Article 26(2). Microprojects for which the financial framework is no greater than EUR 5 000 may be dealt with using a simplified, decentralised procedure.
Justification
Applying the centralised procedure to projects of up to EUR 5000 would lead to relatively high administrative costs for these projects. Furthermore, microprojects provide small and regional organisations and associations with an ideal opportunity to play a part in European developments and projects. They should have quick and unbureaucratic access to the new Neighbourhood and Partnership Instrument.
Amendment 33 Article 7, paragraph 2
(2) In establishing country or multi-country programmes the Commission shall determine the allocations for each programme taking into account the specific characteristics and the needs of the country or the region concerned, the level of ambition of the Union’s partnership with a given country, the management capacity and the potential for absorption of funds.	(2) In establishing country or multi-country programmes the Commission shall determine the allocations for each programme, using objective criteria and taking into account the specific characteristics and needs of the country or the region concerned, the level of ambition of the Union’s partnership with a given country, progress towards implementing agreed objectives, including in particular those of the European Neighbourhood Policy and agreed Action Plans concerning the pursuit of democratic and economic reform and the management capacity and the potential for absorption of funds.
Amendment 34 Article 7, paragraph 3
(3) For the sole purpose of crossborder cooperation, in order to establish the list of joint programmes referred to in Article 9(1), the indicative multi-annual allocations and the territorial units eligible to participate in each programme one, or, if necessary, more specific strategy papers shall be adopted in accordance with the procedure referred to in Article 26(2). Such specific strategy paper(s) shall, in principle, cover a seven‑year period from 1 January 2007 to 31 December 2013.	(3) For the sole purpose of crossborder cooperation, in order to establish the list of joint programmes referred to in Article 9(1), the indicative multi-annual allocations and the territorial units eligible to participate in each programme one, or, if necessary, more strategy papers shall be adopted in accordance with the procedure referred to in Article 26 (2) Such strategy paper (s) shall be drawn up taking into account the principles and modalities laid down in Articles 4 and 5 and, in principle, cover a seven‑year period from 1 January 2007 to 31 December 2013.
Justification
It should be made clear which territorial units are eligible for participating in the programmes. The strategy papers should not generate any additional bureaucracy in order to safeguard possibilities for realisation. Besides the reference to better coordination and harmonisation of procedures in the provisions of the regulation, no reference is made to the administrative procedures a partner has to accomplish.
Amendment 35 Article 7, paragraph 3 a (new)
	(3a) The Commission shall determine the allocation of funds to border area cooperation programmes on the basis of the population of the regions eligible and other factors affecting the intensity of cooperation, for example the special features of a border area, administrative capacity, and the take-up capacity for assistance.
Justification
The principles governing the share-out of appropriations to be earmarked for border area cooperation programmes should be laid down in the text of the regulation. In addition to population size, an objective and fair criterion, the various uncertainty factors should be taken into account.
Amendment 36 Article 7, paragraph 4
(4) The European Regional Development Fund will contribute to cross-border co-operation programmes established and implemented under the provisions of this Regulation. . The overall budget to be allocated to crossborder cooperation programmes, including the contribution from the European Regional Development Fund for borders with partner countries, shall be at least equivalent to twice the amount set out in the relevant provisions of Regulation (EC) No […] laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund for the borders with partner countries.	(4) The European Regional Development Fund will contribute to cross-border co-operation programmes established and implemented under the provisions of this Regulation. . The overall budget to be allocated to crossborder cooperation programmes, including the contribution from the European Regional Development Fund for borders with partner countries, shall be at least equivalent to twice the amount set out in the relevant provisions of Regulation (EC) No […] laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund for the borders with partner countries. The ERDF may also contribute to the involvement of the regional and local authorities of the Member States in thematic programmes and multi-country programmes.
Amendment 37 Title III
Cross-border cooperation	Cross-border and interregional cooperation
Justification
A reference to NUTS II level regions justifies a fully covered title extended with transnational cooperation. The Commission has to clarify under which form of cooperation it belongs.
Amendment 38 Article 8, paragraph 1
(1) The cross-border cooperation programmes referred to in Article 6 (1) (c) may cover all land borders and all maritime zones facing a common sea basin. The following territorial units shall be eligible for assistance under this Title:	(1) The cross-border cooperation programmes referred to in Article 6(1)(c) may cover all land and maritime borders. The following territorial units shall be eligible for assistance under this Article:
Justification
For the purpose of clarification and the aims of cross-border cooperation as laid down in this regulation a single reference to maritime borders has the preference, besides the provisions are covered by an article and not a title.
Amendment 39 Article 8, paragraph 1, point (c)
(c) all coastal territorial units corresponding to NUTS-II level or equivalent facing a sea basin common to Member States and partner countries.	deleted
Justification
For the purpose of clarification it is necessary to make a reference to transnational cooperation programmes; the paragraph as such does not make clear by which type of cooperation NUTS II level regions are covered.
Amendment 40 Article 8, paragraph 2
(2) In special cases, eligibility may be extended to territorial units adjoining those referred to in paragraph 1.	(2) In special cases, eligibility may be extended to territorial units adjoining those referred to in paragraph 1, if such extension is necessary to cope with development in the given area.
Amendment 41 Article 8, paragraph 2 a (new)
	(2a) The crossborder cooperation programmes referred to in Article 6(1)(c) may cover all maritime zones facing a common sea basin. All coastal territorial units corresponding to NUTS II level or equivalent facing a sea basin common to Member States and partner countries shall be eligible for assistance under this article.
Amendment 42 Article 8, paragraph 3 a (new)
	(3a) Suitable instruments should be developed to evaluate cooperation among NUTS II level coastal regions under sea basin programmes. They should comply with the specific type of programme, be it a transnational programme or a crossborder programme.
Justification
For the purpose of clarification it should be made clear to which category involving NUTS II coastal regions belongs: cross-border programmes or trans-regional and/ or trans-national programmes.
Amendment 43 Article 9, paragraph 2
(2) Joint programmes for land borders and sea crossings shall be established per border and include eligible territorial units belonging to one or more Member State and one or more partner countries. Joint programmes for coastal regions shall be multilateral and include eligible territorial units facing a common sea basin belonging to several participating countries, including at least one Member State and one partner country.	(2) Joint operational programmes for land borders and sea crossing shall be established per border at the appropriate territorial level and include eligible territorial units belonging to one or more Member State and one or more partner countries. Joint operational programmes for coastal regions, that correspond to areas of the NUTS-II-level, shall be multilateral and include eligible territorial units facing a common sea basin belonging to several participating countries, including at least one Member State and one partner country, taking into account the institutional systems and the principle of partnership.
Justification
In the interests of standardising terminology, the term operational programmes should be used in preference of joint programmes as this tallies with the expression used in ERDF territorial cooperation.
Amendment 44 Article 9, paragraph 3 a (new)
	(3a) Joint operational programmes shall be established by the Member States and partner countries concerned in close cooperation with regional and local bodies and realised at the appropriate decentralised territorial level, in accordance with institutional systems and taking into account the principle of partnership. They shall normally cover a period of 7 years running from 1 January 2007 to 31 December 2013.
Justification
The principle of subsidiarity does not specifically have a clear meaning in third countries as it is based on European Acquis. In order to safeguard the role of the decentralised authorities in establishing joint operational programmes, mentioning their involvement and referring to the principle of partnership is necessary. To make the opinion coherent, therefore article 4 should be modified.
Amendment 45 Article 9, paragraph 3 a (new)
	(3a) In the context of crossborder cooperation between territorial units referred to in Article 8(1)(a) and (b), in duly justified cases, financing of up to 20 % of the budget for the joint programme concerned may be granted for operations in NUTS III level areas adjacent to the said areas.
Amendment 46 Article 9, paragraph 5
(5) Joint programmes may be revised at the initiative of the participating countries or the Commission to take into account changes in cooperation priorities, socio-economic developments, the results observed from implementation of measures concerned and from the monitoring and evaluation process, and the need to adjust the amounts and aid available and reallocate resources.	(5) Joint operational programmes may be revised at the initiative of the participating countries, participating EU border regions or the Commission to take into account changes in cooperation priorities, socio-economic developments, the results observed from implementation of measures concerned and from the monitoring and evaluation process, and the need to adjust the amounts and aid available and reallocate resources.
Amendment 47 Article 9, paragraph 8
(8) In exceptional circumstances, where a joint programme cannot be established owing to problems arising in relations between participating countries, the Commission may adopt a programme which is not a joint programme within the meaning of this Article but which allows the Member State border region or regions concerned to benefit from the assistance provided for in this Regulation.	(8) In specific and duly justified cases, where a joint programme cannot be established owing to problems arising in relations between participating countries or between the EU and a partner country, the Commission may adopt a programme which is not a joint programme within the meaning of this Article but which allows the Member State border region or regions concerned to benefit from the assistance provided for in this Regulation.
Amendment 48 Article 9, paragraph 8 a (new)
	(8a) When a Member State and a partner country cannot agree in time to set up a joint management system, for political or technical reasons, alternative management systems may be used, in areas where the Commission has responsibility for actions implemented outside the EU.
Justification
The current system is tested and clarified. Up from this basis there shouldn’t be a different system once again.
Amendment 49 Article 10, paragraph 1
(1) Joint programmes shall, in principle, be implemented by a joint managing authority located in a Member State.	(1) Joint operational programmes shall, in principle, be implemented through joint management and in a decentralised manner by a joint managing authority and a joint secretariat located in a Member State. The joint secretariat need not be located within the joint managing authority. When a Member State and partner country cannot agree in time to set up a joint management system, for legal or technical reasons, for the possibility of implementing the CBC programme, alternative management systems can be used.
Amendment 50 Article 11, paragraph 2
(2) Matters covered by the implementing rules shall include criteria and procedures for allocations of funds, rate of co-financing preparation of joint operational programmes, joint project selection, technical and financial management of the assistance, financial control and audit, monitoring and evaluation, visibility and publicity.	(2) Matters covered by the implementing rules shall include criteria and procedures for allocations of funds, rate of co-financing preparation of joint operational programmes, the designation of and of the functions of the joint managing authorities, steering committee /monitoring committee and joint secretariat, eligibility of expenditure, joint project selection, technical and financial management of the assistance, financial control and audit, monitoring and evaluation, visibility and publicity.
Justification
The implementing rules should also cover the designation and establishment of the managing authorities of the Cross-border programmes. The implementing rules set the guidelines to prepare for realisation of joint operational programmes.
Amendment 51 Article 13, paragraph 4
(4) The Commission shall send the special measures to the Member States for their information within one month of adopting its decision	(4) The Commission shall send the special measures to the Member States and the European Parliament for their information within one month of adopting its decision
Amendment 52 Article 14, point (d)
(d) international organisations, including regional organisations, UN bodies, departments and missions, international financial institutions and development banks, in so far as they contribute to the objectives of this Regulation;	(d) international organisations, including regional organisations, UN bodies, departments and missions, international financial institutions and development banks, in so far as they contribute to cross- border cooperation in terms of the objectives of this Regulation;
Justification
Under certain circumstances, funds for the EU border regions participating in the ENPI may be used for the institutions and the like that failed to receive support for cross-border cooperation in the past
Amendment 53 Article 14, point (f)
(f) European Union agencies;	(f) European Union agencies, in so far as they may contribute to cross- border cooperation in terms of the objectives of this Regulation;
Justification
Under certain circumstances, funds for the EU border regions participating in the ENPI may be used for the institutions and the like that failed to receive support for cross-border cooperation in the past.
Amendment 54 Article 14, point (h), point x.
x. any non-governmental associations and independent foundations likely to contribute to development;	x. cross-border associations, non-governmental associations and independent foundations;
Justification
As cross-border associations would be able to make a significant contribution to the realisation of the goals of ENPI, it is important to mention them even if they could be considered to fall under some of the other eligible categories. Cross-border associations (not interregional ones) are meant, which make a significant contribution. As interregional associations would be able to make a significant contribution to the realisation of the goals of the ENPI, it is important to mention them even if they could be considered to fall under some of the other eligible categories.
Amendment 55 Article 15, paragraph 2, point (a)
(a) to finance targeted administrative cooperation measures involving public-sector experts dispatching from Member States according to specifically designed rules;	(a) to finance targeted administrative cooperation measures involving public-sector experts dispatching from Member States and their regional and local authorities according to specifically designed rules;
Amendment 56 Article 15, paragraph 2, point (g)
(g) to contribute to a fund established by international and regional organizations, other donors or partner countries;	(g) to contribute to a fund established by the European Union, the Member States, international and regional organizations, other donors or partner countries;
Amendment 57 Article 16, paragraph 1
(1) Community financing may also cover expenditure associated with the preparation, follow-up, monitoring, auditing and evaluation activities directly necessary for the implementation of this Regulation and for the achievement of its objectives, e.g. studies, meetings, information, awareness-raising, training and publication activities, expenditure associated with computer networks for the exchange of information and any other administrative or technical assistance expenditure that the Commission may incur for the management of the program. It shall also cover expenditure at Commission Delegations on the administrative support needed to manage operations financed under this Regulation.	(1) Community financing may also cover expenditure associated with the preparation, follow-up, monitoring, auditing and evaluation activities directly necessary for the implementation of this regulation and for the achievement of its objectives, e.g. studies, meetings, information, awareness raising, training and publication activities, training measures for partners enabling them to take part in the various stages of the programmes, expenditure associated with computer network for the exchange of information, technical assistance for the establishment of Euroregions and their secretariats and any other administrative or technical assistance expenditure that the Commission may incur for the management of the program. It shall also cover expenditure at Commission Delegations on the administrative support needed to manage operations financed under this Regulation.
Amendment 58 Article 17, paragraph 1, point (a)
(a) Member States, and in particular their public and parastatal agencies;	(a) Member States, and also their regional and local level as well as public and parastatal agencies;
Justification
The regional/ local level is the most important one in the field of cross-border cooperation
Amendment 59 Article 17, paragraph 1, point (b)
(b) other donor countries, and in particular their public and parastatal agencies;	(b) and Member State of the European Economic Area, Switzerland and other donor countries, and in particular their public and parastatal agencies;
Justification
The draft regulation does not take into account the role of the EEA-countries and Switzerland as our cooperation partners and co-donors. Particularly our Northern neighbours and partners, Norway and Iceland, are playing an active role in both bilateral and multilateral cooperation in the Northern Regions. Both countries are full members of the Council of the Baltic Sea States, Barents Euro-Arctic Council and the Arctic Council. When developing the European Neighbourhood Policy we should take fully into account all our Southern, Eastern and Northern Neighbours. Furthermore we should effectively utilise the economic resources of countries like Norway and Switzerland in co-financing of the ENP.
Amendment 60 Article 19, paragraph 1
(1) Budget commitments shall be made on the basis of decisions taken by the Commission in accordance with Articles 9(5), 12(1), 13(1) and 16(3).	(1) Multiannual budget commitments shall be made on the basis of decisions taken by the Commission in accordance with Articles 9(5), 12(1), 13(1) and 16(3).
Justification
Multiannual budget commitments are vitally important for ensuring the qualitive development of cross-border cooperation on the EU´s future external borders and placing EU border regions on an equal footing with the Union´s internal borders.
Amendment 61 Article 21, paragraph 2, indent 3
- any Member State of the European Economic Area.	- any Member State of the European Economic Area and Switzerland.
Justification
The draft regulation does not take into account the role of the EEA-countries and Switzerland as our cooperation partners and co-donors. Particularly our Northern neighbours and partners, Norway and Iceland, are playing an active role in both bilateral and multilateral cooperation in the Northern Regions. Both countries are full members of the Council of the Baltic Sea States, Barents Euro-Arctic Council and the Arctic Council. When developing the European Neighbourhood Policy we should take fully into account all our Southern, Eastern and Northern Neighbours. Furthermore we should effectively utilise the economic resources of countries like Norway and Switzerland in co-financing of the ENP.
Amendment 62 Article 28, paragraph 1 a (new)
	(1a) Assistance will not be commenced or will be suspended if any fundamental principle of public international law relied upon to protect human rights, including the rights recognized in the Charter of Fundamental Rights and Freedoms of the European Union, is breached .

PROCEDURE

Title	Proposal for a regulation of the European Parliament and of the Council laying down general provisions establishing a European Neighbourhood and Partnership Instrument
References	COM(2004)0628 – C6-0129/2004 – 2004/0219(COD)
Committee responsible	AFET
Committee asked for its opinion   Date announced in plenary	REGI 14.12.2004
Enhanced cooperation	Yes
Draftsman   Date appointed	Lambert van Nistelrooij 14.3.2005
Discussed in committee	16.6.2005	11.7.2005
Date amendments adopted	13.9.2005
Result of final vote	for: against: abstentions:		40 3 2
Members present for the final vote	Stavros Arnaoutakis, Jean Marie Beaupuy, Rolf Berend, Jana Bobošíková, Graham Booth, Bernadette Bourzai, Bairbre de Brún, Giovanni Claudio Fava, Gerardo Galeote Quecedo, Iratxe García Pérez, Lidia Joanna Geringer de Oedenberg, Ambroise Guellec, Pedro Guerreiro, Zita Gurmai, Marian Harkin, Konstantinos Hatzidakis, Jim Higgins, Alain Hutchinson, Mieczysław Edmund Janowski, Gisela Kallenbach, Tunne Kelam, Miloš Koterec, Constanze Angela Krehl, Jamila Madeira, Yiannakis Matsis, Miroslav Mikolášik, Francesco Musotto, Lambert van Nistelrooij, Jan Olbrycht, Markus Pieper, Elisabeth Schroedter, Alyn Smith, Grażyna Staniszewska, Margie Sudre, Oldřich Vlasák, Vladimír Železný
Substitutes present for the final vote	Mojca Drčar Murko, Emanuel Jardim Fernandes, Riitta Myller, Mirosław Mariusz Piotrowski, Toomas Savi, László Surján, Thomas Ulmer, Paavo Väyrynen, Nikolaos Vakalis
Substitutes under Rule 178(2) present for the final vote

• [1]  European Parliament resolution on Policy Challenges and Budgetary Means of the enlarged Union 2007-2013 (2004/2209(INI)). A6-0153/2005, 8 June 2005, point 49.
• [2]  Not yet published in OJ.

OPINION of the Committee on Development (14.7.2005)

for the Committee on Foreign Affairs

on the proposal for a European Parliament and Council regulation on laying down general provisions establishing a European Neighbourhood and Partnership Instrument
(COM(2004)0628 – C6‑0129/2004 – 2004/0219(COD))

Draftsman: Mauro Zani

SHORT JUSTIFICATION

I.         The European Neighbourhood and Partnership Instrument (ENPI): legislative proposal

The European Neighbourhood and Partnership Instrument is one of four new external aid instruments proposed by the Commission as part of a radical restructuring and drastic simplification of legislation in the external policy sphere. These four instruments should complement the other two that already exist so that the end result will be six instruments (three geographical and three thematic) to replace the almost 30 external aid instruments currently in force.

In this context, the ENPI is one of the geographical instruments and aims to enable the Community to make a real commitment to bordering and neighbouring countries. It replaces MEDA and a large part of TACIS and includes the elements of cross-border cooperation previously partly funded by Interreg.

With the aim of developing an area of prosperity and close cooperation between the EU and neighbouring non-candidate countries or 'pre-candidate' countries, the ENPI covers Algeria, Armenia, Azerbaijan, Belarus, Egypt, Georgia, Israel, Jordan, Lebanon, Libya, Moldova, Morocco, the Palestinian Authority of the West Bank and Gaza, the Russian Federation, Syria, Tunisia and Ukraine. In the case of global, regional or cross-border programmes, other countries, including the Overseas Countries and Territories and countries covered by other instruments, may be eligible.

II.       Draftsman's observations

Given that the negotiations on this legislative proposal are taking place within the context of broader interinstitutional negotiations on the other legislative instruments for external assistance, your draftsman has endeavoured to focus on those elements which fall clearly within the jurisdiction of the Development Committee.

In particular, it should be noted that Article 2 of the Regulation ('Scope of assistance') does not reflect the nature of the countries covered by the instrument. In fact, 12 of the 17 countries concerned are regarded by the OECD as developing countries. Despite this, the promotion of development and combating poverty are not mentioned among the main objectives to be promoted (Article 2 (1)) and 'supporting policies aimed at poverty reduction' appears in sixth position in the list of 25 objectives eligible for support (Article 2 (2)).

The aim of the amendments tabled to Article 2 is therefore to clarify the overall and specific objectives by introducing a hierarchy based on the stated objectives of the Community's external assistance and development cooperation. Similarly, the amendments tabled to Article 3 are designed to strengthen the role of international commitments (including UN agreements and, in particular, the Millennium Declaration and the internationally agreed Millennium Development Goals - MDGs) within the overall policy framework for planning assistance under this Regulation.

Your draftsman also feels that it is essential, and within the competence of the Development Committee, to call for a broadly-based and inclusive approach when adopting the strategy documents and subsequent country, multicountry and thematic programmes, including the participation, among others, of local authorities and civil society organisations. This is consistent with the principle of ownership which should distinguish all the EU's external assistance programmes.

Moreover, although this lies outside the specific jurisdiction of the Development Committee, your draftsman felt it appropriate to make a number of proposals to deal with important issues raised by the European Parliament and which are common to the other three legislative proposals, so as to suggest the direction that might be taken. These common issues are:

-          the role of the European Parliament in determining the programme priorities;

-          the introduction of an expiry date and a review clause;

-          accountability, particularly as the proposal for a regulation fails to set out a clear geographical and thematic allocation of funding, to the detriment of Parliament's budgetary powers.

AMENDMENTS

The Committee on Development calls on the Committee on Foreign Affairs, as the committee responsible, to incorporate the following amendments in its report:

Text proposed by the Commission[1]	Amendments by Parliament
Amendment 1 Recital 4 a (new)
	(4a) The formation, interpretation, application and implementation of all agreements and measures taken under this Instrument shall accord with the requirements and principles of general international law and with the acquis communautaire.
Amendment 2 Article 2, paragraph1
Community assistance under the Neighbourhood and Partnership Instrument shall promote enhanced cooperation and progressive economic integration between the European Union and the partner countries and, in particular, the implementation of partnership and cooperation agreements, association agreements or other existing and future agreements.	Community assistance under the Neighbourhood and Partnership Instrument shall promote:
	(a) enhanced cooperation and progressive economic integration between the European Union and the partner countries;
	(b) the sustainable economic, social and environmental development of the countries involved;
	(c) the campaign to eradicate poverty in developing countries;
	(d) the development and strengthening of democratic principles, the rule of law and respect for human rights.
Justification
Article 2, paragraph 1 (Scope of assistance) should give a clear list of all the objectives, bearing in mind that this instrument concerns a region where most of the countries are developing countries and where economic integration with the EU countries is one of the main priorities for obvious geographical reasons. The article has therefore been divided up to set out four overall objectives which are of essential relevance to all stages of cooperation between the EU and the countries concerned, and a list of measures that should be eligible for Community assistance. The partnership and cooperation agreements, association agreements and other present or future agreements are already referred to in the 'policy framework' in Article 3 and it would therefore be redundant to mention them again here.
Amendment 3 Article 2, paragraph 2, point (e)
(e) promoting environmental protection and good management of natural resources;	(e) promoting environmental protection, nature conservation and sustainable management of natural resources;
Justification
Nature conservation is adding an additional dimension to the original phrase and indicates that nature is not only good to be "used" but that it also needs to be "conserved" to ensure long term sustainability.
Amendment 4 Article 2, paragraph 2, point (f)
(f) supporting policies aimed at poverty reduction:	(f) supporting policies aimed at poverty eradication and the achievement of the Millennium Development Goals;
Justification
According to the internationally recognised classification from the Development Assistance Committee (DAC) of the Organisation for Economic Cooperation and Development (OECD), more than 70% of the countries covered by the ENPI regulation are developing countries. Since the European Union and its Member States subscribed to the Millennium Development Goals in 2000 they have a special responsibility towards people living in absolute poverty in Moldova, Georgia or Palestine. The cooperation with these countries should then be based on the overarching objectives of EU development policy: the eradication of poverty through the attainment of the MDGs.
Amendment 5 Article 2, paragraph 2, point (f a) (new)
	(fa) promoting gender equality and women’s rights;
Justification
Government representatives who signed the Barcelona Declaration recognized the key role of women in development and undertook to promote their active participation in economic and social life and in the creation of employment. MEDA Regulations (1 and 2) supported women's education and job creation and recommended taking into account gender balance in the planning and implementation of EU development cooperation (annex 2, 5th objective of MEDA 2 Regulation). In the East, the process of economic transition from central planning to an open market has not been gender-neutral. The dismantling of state support to the family has increased the burden on women for nurturing activities. In Eastern Europe and Central Asia, the growing disadvantage faced by women in education, employment, and health care, is threatening economic growth. It is also undermining efforts to reduce poverty and achieve the Millennium Development Goals. Women are increasingly vulnerable and their welfare is threatened by the rise in human trafficking.
Amendment 6 Article 2, paragraph 2, point (h)
(h) supporting policies to promote health, education and training;	(h) supporting policies to promote health, education and training, including not only the major communicable diseases and non-communicable diseases and disorders, but also access to services and education for good health including on reproductive and infant health for girls and women;
Amendment 7 Article 2, paragraph 2, point (o)
(o) promoting cooperation in the field of justice and home affairs, including on issues such as asylum and migration and fight against and prevention of terrorism, organized crime, including its financing, money laundering and tax fraud;	(o) promoting cooperation in the field of justice and home affairs, including on issues such as asylum and migration and fight against and prevention of trafficking in human beings, in particular women and children, terrorism, organized crime, including its financing, money laundering and tax fraud;
Justification
Women are increasingly vulnerable and their welfare is threatened by the rise in human trafficking.
Amendment 8 Article 2, paragraph 2, point (s)
(s) promoting understanding between cultures, people-to-people contacts, cooperation between civil societies and exchanges of young people;	(s) promoting understanding between cultures, people-to-people contacts, cooperation between civil societies, the integration of emigrants into the society of the country of destination and exchanges of young people;
Amendment 9 Article 2, paragraph 2, point (y)
(y) addressing common thematic challenges in fields of mutual concern and any other objectives consistent with the scope of this Regulation.	deleted
Justification
Given that the list of measures is already very extensive, it can be assumed that every type of action is already covered to some degree.
Amendment 10 Article 3
The partnership and cooperation agreements, the association agreements and other existing or future agreements which establish a relationship with partner countries, and the relevant Commission communications and Council conclusions laying down guidelines for European Union policy towards these countries, shall provide an overall policy framework for the programming of assistance under this Regulation. Jointly agreed action plans or other equivalent documents shall provide a key point of reference for setting assistance priorities.	The relevant international agreements and commitments, including UN declarations, agreements and conventions and, in particular, the Millennium Development Goals, the partnership and cooperation agreements, the association agreements and other existing or future agreements which establish a relationship with partner countries, and the relevant European Parliament resolutions, Commission communications and Council conclusions laying down guidelines for European Union policy towards these countries, shall provide an overall policy framework for the programming of assistance under this Regulation. Jointly agreed action plans or other equivalent documents shall provide a key point of reference for setting assistance priorities.
Justification
The relevant international agreements and conventions, such as the Millennium Declaration and the Millennium Development Goals adopted at international level, should always be borne in mind when planning Community assistance. Similarly, relevant European Parliament resolutions should also be taken into account.
Amendment 11 Article 4, paragraph 2
(2) Community assistance under this Regulation shall normally be established in partnership between the Commission and the beneficiaries. The partnership shall involve, as appropriate, national, regional and local authorities, economic and social partners, civil society and other relevant bodies.	(2) Community assistance under this Regulation shall normally be established in partnership between the Commission and the beneficiaries. The partnership shall involve national, regional and local authorities, economic and social partners, civil society and other relevant bodies.
Justification
The spirit of the Barcelona process and the second Regulation on MEDA encourage the “participation of civil society and populations in the planning and implementation of development measures”. Civil society and local communities are often well placed to formulate regional priorities for development assistance and crucial in implementing programmes in countries experiencing extreme poverty. Therefore, the role of civil society in consultation, participation, implementation and monitoring of action programmes should be made fully clear, and reinforced through adapted mechanisms and funds.
Amendment 12 Article 4, paragraph 3
(3) The beneficiary countries shall associate the relevant partners as appropriate, in particular at regional and local level, in the preparation, implementation and monitoring of programmes and projects.	(3) The beneficiary countries shall associate the relevant partners, in particular at regional and local level, in the preparation, implementation and monitoring of programmes and projects.
Justification
The spirit of the Barcelona process and the second Regulation on MEDA encourage the “participation of civil society and populations in the planning and implementation of development measures”. Civil society and local communities are often well placed to formulate regional priorities for development assistance and crucial in implementing programmes in countries experiencing extreme poverty. Therefore, the role of civil society in consultation, participation, implementation and monitoring of action programmes should be made fully clear, and reinforced through adapted mechanisms and funds.
Amendment 13 Article 5, paragraph (4)a (new)
	(4a) All agreements concluded and all measures financed under this Instrument shall be implemented by each contracting party in accordance with the principles and requirements of general international law recognized by the EU, and consistently with the acquis communautaire.
Justification
This clause aims to help ensure that the functioning of this instrument remains coherent and consistent with the EU's values, policies, legal engagements, and its own rule of law.
Amendment 14 Article 6, paragraph 1, point (b)
(b) thematic programmes, addressing one or more specific challenges which are common to several partner countries and which may be relevant to one or more Member States;	(b) thematic programmes, addressing one or more specific challenges which are common to several partner countries and which may be relevant to one or more Member States on issues such as human rights and the environment;
Justification
Thematic programmes will be applied be applied to ENP Instrument and to Development Cooperation & Economic Cooperation Instrument. Environment and "people to people issues, including civil society development" are identified in the Communication of the Commission on the ENP Strategy Paper as part of the priorities for regional cooperation. Moreover, the possibility to create thematic programmes on these issues is mentioned in the Annex of the proposal (p. 44), but needs also to be integrated in the text of the new Regulation so that is becomes mandatory.
Amendment 15 Article 7, paragraph 1
1. For country or multicountry and thematic programmes, strategy papers shall be adopted, in accordance with the procedure referred to in Article 26(2). Strategy papers shall reflect the policy framework and the action plans referred to in Article 3. Strategy papers shall be established for a period compatible with the priorities set in the policy framework and shall contain multiannual indicative programmes including indicative multiannual financial allocations. They shall be reviewed as and when necessary and may be revised in accordance with the procedure referred to in Article 26(2).	1. For country or multicountry and thematic programmes, strategy papers shall be adopted, in accordance with the procedure referred to in Article 26(2). Strategy papers shall reflect the policy framework and the action plans referred to in Article 3 and taking into account the priorities expressed by the European Parliament within the framework of the interinstitutional strategic dialogue. Strategy papers shall be established for a period compatible with the priorities set in the policy framework and shall contain multiannual indicative programmes including indicative multiannual financial allocations. They shall be reviewed as and when necessary and may be revised in accordance with the procedure referred to in Article 26(2).
Justification
Within the framework of tripartite negotiations (Commission, Council and Parliament) on the package of legislative measures forming part of the EU's external action, it was decided to institute a strategic dialogue on multiannual financial planning so as to involve the European Parliament at the crucial stages of the implementation process. As it is not clear at this stage what form this strategic dialogue will ultimately take, it is impossible to be more precise. However, we feel is useful to suggest the articles in which reference should be made to that dialogue.
Amendment 16 Article 7, paragraph 1 a (new)
	1a. The strategy documents and the subsequent country, multicountry and thematic programmes shall be drawn up following a process of consultation based on broad participation at regional, national and local level of the authorities of the countries concerned, the national parliaments and the main stakeholders, including relevant civil society organisations.
Justification
A broadly-based and inclusive approach is crucial to ensure that programmes reflect the right priorities and there is the ownership of projects that should be found in all the EU's external assistance programmes.
Amendment 17 Article 9, paragraph 5
(5) Joint programmes may be revised at the initiative of the participating countries or the Commission to take into account changes in cooperation priorities, socio-economic developments, the results observed from implementation of the measures concerned and from the monitoring and evaluation process, and the need to adjust the amounts of aid available and reallocate resources.	(5) Joint programmes may be revised at the initiative of the participating countries or the Commission to take into account changes in cooperation priorities, socio-economic developments, the results observed from implementation of the measures concerned and from the monitoring and evaluation process, in particular when negative environmental and social impacts are identified, and the need to adjust the amounts of aid available and reallocate resources;
Justification
In some cases, (such as the development of infrastructures in the framework of the TEN-T Network extended to the partner countries), national, regional or cross border co-operation projects funded with EU resources (ENPI and others) may have an overwhelming negative environmental and social impact. It is therefore crucial that the text of the Regulation reflects the necessary revision of the projects when such negative impacts are made clear in the assessments.
Amendment 18 Article 12, paragraph 4
4. The Commission shall send action programmes and joint crossborder cooperation programmes to the Member States for their information within one month of adopting its decision.	4. The Commission shall send action programmes and joint crossborder cooperation programmes to the Member States and the European Parliament for their information within one month of adopting its decision.
Justification
Seeks to involve the European Parliament to a greater extent in implementing this Regulation.
Amendment 19 Article 13, paragraph 4
4. The Commission shall send the special measures to the Member States for their information within one month of adopting its decision.	4. The Commission shall send the special measures to the Member States and the European Parliament for their information within one month of adopting its decision.
Justification
See justification for Amendment 18.
Amendment 20 Article 20, paragraph (2)
(2) Agreements shall expressly entitle the Commission and the Court of Auditors to perform a document audit or an on‑the‑spot audit of any contractor or subcontractor who has received Community funds. They shall also expressly authorise the Commission to carry out on-the-spot checks and inspections, as provided for in Regulation (EC, Euratom) No 2185/96.	(2) Agreements shall expressly entitle the Commission and the Court of Auditors to perform a document audit or an on-the-spot audit of any contractor or subcontractor who has received Community funds, including for the purpose of determining whether agreements and measures under this Instrument are being implemented in accordance with the principles of general international law recognised by the EU and consistently with the acquis communautaire. They shall also expressly authorise the Commission to carry out on-the-spot checks and inspections, as provided for in Regulations (EC, Euratom) No 2185/96.
Amendment 21 Article 25
The Commission shall examine the progress made on implementing the measures taken under this Regulation and shall submit to the European Parliament and the Council an annual report on the implementation of the assistance. This report shall also be submitted to the European Economic and Social Committee and to the Committee of the Regions. It shall contain information relating to the previous year on the measures financed, the results of monitoring and evaluation exercises, and the implementation of budget commitments and payments broken down by country, region and cooperation sector.	The Commission shall examine the progress made on implementing the measures taken under this Regulation and shall submit to the European Parliament and the Council an annual report on the implementation of the assistance. This report shall also be submitted to the European Economic and Social Committee and to the Committee of the Regions. It shall contain information relating to the previous year on the measures financed, the results of monitoring and evaluation exercises, the involvement of the relevant partners, and the implementation of budget commitments and the payments broken down by country, region and cooperation sector.
Amendment 22 Article 29
The financial reference amount for implementation of this Regulation over the period 2007-2013 is € 14 929 million. Annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspectives.	The financial reference amount for implementation of this Regulation over the period 2007-2013 is € 14 929 million. Annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspectives.
	The annual budget should include, at least:
	- an allocation of the financial resources between the various geographical regions, mainly the partner countries of the Mediterranean and Eastern Europe;
	- a comprehensive framework for the amounts allocated to the various thematic programmes.
Justification
The simplification and rationalisation of budget lines should not result in geographical and thematic priorities being watered down completely and decided by the Commission on an ad hoc basis without any scrutiny by the budgetary authority. More specifically, a breakdown in advance of the financial resources between the former MEDA and former TACIS countries will ensure a geographical balance based on long-term objectives rather than being determined by last-minute external policy emergencies. Similarly, a breakdown between thematic programmes will ensure a balanced approach consistent with the objective of sustainable economic and social development.
Amendment 23 Article 30
The Commission shall submit to the European Parliament and the Council by 31 December 2011 any proposals concerning the future of this Regulation and any amendments that may be necessary.	The Commission shall submit to the European Parliament and the Council no later than 30 June 2010 a report on the first three years of implementation of the programme and a legislative proposal introducing the necessary amendments to the instrument.
Justification
A standard review clause of this kind will be introduced into all the other instruments governing the Community's External Assistance.
Amendment 24 Article 32, subparagraph 2
It shall apply from 1 January 2007.	It shall apply from 1 January 2007 to 31 December 2013.
Justification
A standard expiry clause of this kind coinciding with the duration of the next financial framework will be inserted into all the other instrument governing the Community's External Assistance.

PROCEDURE

Title	Proposal for a European Parliament and Council regulation on laying down general provisions establishing a European Neighbourhood and Partnership Instrument
References	COM(2004)0628 – C6‑0129/2004 – 2004/0219(COD)
Committee responsible	AFET
Committee asked for its opinion   Date announced in plenary	DEVE 14.12.2004
Enhanced cooperation	Yes
Draftsman   Date appointed	Mauro Zani 2.12.2004
Discussed in committee	18.1.2005	20.6.2005		13.7.2005
Date amendments adopted	13.7.2005
Result of final vote	for: against: abstentions:		27 0 0
Members present for the final vote	Alessandro Battilocchio, Margrietus van den Berg, Danutė Budreikaitė, Thierry Cornillet, Michael Gahler, Filip Andrzej Kaczmarek, Glenys Kinnock, Ģirts Valdis Kristovskis, Maria Martens, Miguel Angel Martínez Martínez, Luisa Morgantini, Toomas Savi, Pierre Schapira, Frithjof Schmidt, Feleknas Uca, Anna Záborská, Jan Zahradil, Mauro Zani
Substitutes present for the final vote	Marie-Hélène Aubert, Milan Gaľa, Fiona Hall, Alain Hutchinson, Raymond Langendries, Bernard Lehideux, Manolis Mavrommatis, Britta Thomsen, Gabriele Zimmer
Substitutes under Rule 178(2) present for the final vote

• [1]  Not yet published in OJ.
   

OPINION of the Committee on International Trade (2.9.2005)

for the Committee on Foreign Affairs

on the proposal for a European Parliament and Council regulation laying down general provisions establishing a European Neighbourhood and Partnership Instrument
(COM(2004)0628 – C6‑0129/2004 – 2004/0219(COD))

Draftswoman: Tokia Saïfi

SHORT JUSTIFICATION

Introduction – European Neighbourhood Policy (ENP)

The broad outlines of this new overall strategic framework are laid down in a Commission communication of March 2003 entitled ‘Wider Europe – Neighbourhood: A New Framework for Relations with our Eastern and Southern Neighbours’. The long‑term aim of the policy is to offer Russia, the Western Newly Independent States, the three countries of the Southern Caucasus and the countries of the Southern Mediterranean ‘the prospect of a stake in the EU’s internal market and further integration and liberalisation to promote the free movement of persons, goods, services and capital’.

A financial instrument is therefore needed in order to bolster the partnership with these countries and to facilitate the necessary economic and political reforms. The current proposal comes under the new financial perspective for 2007‑2013 and follows the strategy for the simplification and rationalisation of Community assistance (geographical and thematic financial instruments). Parliament must adopt a consistent approach in its consideration of these proposals, taking care to avoid expressing an opinion on the sums involved, since such decisions will require the conclusion of an interinstitutional agreement.

The Commission proposal

The draft regulation is a single instrument intended to replace MEDA, TACIS and other instruments such as the European Initiative for Democracy and Human Rights.

The most innovative component of this instrument is ‘cross‑border cooperation’, which will finance ‘joint programmes’ bringing together regions of Members States and partner countries sharing a common border. This will contribute to greater cohesion and to reinforcing the rationale behind the links uniting European countries with their neighbours.

Recommendation

We cannot but welcome the aim of this instrument, which is to provide Community assistance that will contribute to an intensification of political, economic and cultural cooperation between the Union and its ‘ring of friends’.

However, we must not forget that these countries are setting off from different points in terms of their relations with the EU and that it is, therefore, vital to define differentiated lines of intervention. It is essential to emphasise at this juncture that neighbourhood policy pursued through the corresponding financial instrument will have to take account of the differences between the neighbours of the east and of the south, as reforms are advancing at different speeds in these regions.

The desire for clarification and simplification of and flexibility in the financing of external aid is also welcome. Nevertheless, it is important that we retain the experience acquired through the MEDA and TACIS instruments and ensure that European assistance remains at a certain level of stability and continuity. Moreover, in order to guarantee the effectiveness of technical and financial assistance, it must be reiterated that impact studies and the strengthening of capacities should be considered particularly desirable.

The notion of ‘cross‑border cooperation’ will facilitate an approach largely modelled on the principles of the ‘structural funds’ and of social and regional cohesion proper to the EU. However, the amount of the appropriations set aside for cross‑border cooperation actions must continue to be kept under control.

The new instrument must be accompanied by guarantees which will ensure the clarity and predictability of the EU’s commitments to its partner countries. In other words, it will have to allow each partner area to be notified of the indicative amount of multiannual resources available throughout the entire period of the financial perspective so that long‑term projects may be developed.

This means that the appropriations must be allocated in accordance with the same ratio as exists between TACIS and MEDA, and the Commission must propose an allocation of the amounts assigned in such a way as to guarantee this ratio. The use of the annual budgetary procedure will allow the budgetary authority to continue to take decisions on key allocations, while maintaining the level of flexibility required. At the same time, the use of the codecision procedure to this issue means that several amendments are needed in order to enable the European Parliament to play a proper role.

By the same token, the instrument needs to be placed at the forefront of the Union’s strategic relations with its historical partners from the Southern Mediterranean. On the eve of the 10th anniversary of the Barcelona Process, Mediterranean countries are still waiting for a clear signal from the EU. That being the case, the EU must confirm the financial support necessary for the creation of a free‑trade area by 2010.

In conclusion, the assistance covered by this proposal is to be welcomed, as it encourages, through legislation and regulation, the progressive participation of partner countries in the internal market and in increased trade. In this regard, priority should be given to assistance linked to integration within the WTO, as much for applicant countries as for countries that are bound by WTO rules and must make preparations for the conclusions of the Doha Development Agenda.

AMENDMENTS

The Committee on International Trade calls on the Committee on Foreign Affairs, as the committee responsible, to incorporate the following amendments in its report:

Text proposed by the Commission[1]	Amendments by Parliament
Amendment 1 Recital 6 a (new)
	(6a) Compliance with the rules of the World Trade Organisation (WTO) and the implementation thereof by each partner country would constitute a significant contribution to commercial and economic reform. Moreover, WTO rules will be the starting point for the free‑trade agreements that must be concluded by 2010.
Justification
The EU must support its partner countries either in their efforts to join the WTO at an early date or in complying with their current obligations and the new rules resulting from the Doha Development Agenda.
Amendment 2 Recital 7 a (new)
	(7a) In order to improve the effectiveness of Community assistance, it is important for a limited number of the priority objectives set out in Article 2(2) to be adopted by each country.
Justification
While the extensive list of possible objectives set out in Article 2(2) may be necessary in order to cater for quite different situations in the partner countries, it is important to select a limited number of priority objectives for each country and region in order to avoid spreading limited Community funds too thinly.
Amendment 3 Recital 10
(10) For Mediterranean partners assistance and cooperation should take place within the framework of the Euro‑Mediterranean Partnership established by the Barcelona Declaration of 28 November 1995 and take into account the agreement reached in that context on establishing a free‑trade area for goods and beginning a process of asymmetric liberalisation.	(10) For Mediterranean partners, assistance and cooperation should take place within the framework of the Euro‑Mediterranean Partnership established by the Barcelona Declaration of 28 November 1995 and take into account the agreement reached in that context on establishing a free‑trade area for goods by 2010 and beginning a process of asymmetric liberalisation. Assistance and cooperation should take account of the experience acquired since the Barcelona Declaration and should highlight the importance of this Euro‑Mediterranean partnership after the celebration of the 10th anniversary of the Barcelona Process.
Justification
The new instrument must be based on the experience of 10 years of Euro‑Mediterranean partnership, while maintaining continuity of assistance projects and incorporating the lessons learned through the MEDA and MEDA II Programmes. The objective set in Barcelona of establishing a free‑trade area by 2010 must be reaffirmed.
Amendment 4 Article 1(3)
(3) The Union is founded on the values of respect for human dignity, liberty, democracy, equality, the rule of law and respect for human rights and seeks to promote commitment to these values in partner countries through dialogue and cooperation.	(3) The Union is founded on the values of respect for human dignity, liberty, democracy, equality, the rule of law and respect for human rights and seeks to promote commitment to these values and to the principles of the market economy and of free and fair trade in partner countries through dialogue and cooperation.
Justification
This amendment seeks to achieve greater clarity with regard to the values and principles of the Union.
Amendment 5 Article 2(2)(k)
(k) promoting the development of a market economy, including measures to support the private sector, encourage investment and promote global trade;	(k) promoting the development of a market economy, including measures to support the private sector, encourage investment and promote global trade, paying particular attention to the implementation of WTO rules and of those resulting from the Doha Development Agenda;
Justification
Of the 17 partner countries referred to in Article 1, six are currently negotiating entry to the WTO (Algeria, Azerbaijan, Belarus, Lebanon, the Russian Federation and Ukraine), four have joined in the last five years (Armenia, Georgia, Jordan and Moldova), one is an observer at the WTO (Libya) and two are outside the scope of the WTO (the Palestinian Authority of the West Bank and Gaza Strip, and Syria). All of these will need significant technical assistance in order to implement both their existing commitments and those that will result from the current negotiations and to make preparations for their accession.
Amendment 6 Article 3
The partnership and cooperation agreements, the association agreements and other existing or future agreements which establish a relationship with partner countries, and the relevant Commission communications and Council conclusions laying down guidelines for European Union policy towards these countries, shall provide an overall policy framework for the programming of assistance under this Regulation. Jointly agreed action plans or other equivalent documents shall provide a key point of reference for setting assistance priorities.	The partnership and cooperation agreements, the association agreements and other existing or future agreements which establish a relationship with partner countries, and the relevant Commission communications, Council conclusions and European Parliament resolutions laying down guidelines for European Union policy towards these countries shall provide an overall policy framework for the programming of assistance under this Regulation. Jointly agreed action plans or other equivalent documents shall provide a key point of reference for setting assistance priorities.
Justification
As the regulation is to be adopted under the codecision procedure, the overall political framework must take account of the positions of the three institutions.
Amendment 7 Article 4
(1) Community assistance under this Regulation shall normally complement or contribute to corresponding national, regional or local measures. (2) Community assistance under this Regulation shall normally be established in partnership between the Commission and the beneficiaries. The partnership shall involve, as appropriate, national, regional and local authorities, economic and social partners, civil society and other relevant bodies. (3) The beneficiary countries shall associate the relevant partners as appropriate, in particular at regional and local level, in the preparation, implementation and monitoring of programmes and projects. (4) Community assistance under this Regulation shall normally be cofinanced by the beneficiary countries through public funds, contributions from the beneficiaries or other sources.	(1) Community assistance under this Regulation shall complement or contribute to corresponding national, regional or local measures. (2) Community assistance under this Regulation shall be established in partnership between the Commission and the beneficiaries. The partnership shall involve national, regional and local authorities, economic and social partners, civil society and other relevant bodies. (3) The beneficiary countries shall associate the relevant partners, in particular at regional and local level, in the preparation, implementation and monitoring of programmes and projects. (4) Community assistance under this Regulation shall be cofinanced by the beneficiary countries through public funds, contributions from the beneficiaries or other sources. (4a) In instances where there is no partnership agreement or association agreement, and in other duly justified cases, the Commission may exceptionally establish a programme that does not conform to one or more of the above principles. In such cases, the Commission must, however, justify its decision in the annual report referred to in Article 25.
Justification
If these principles are to be applied generally, the text should not include any restrictive terms such as ‘normally’ and ‘as appropriate’, which endanger the objective of achieving partnership between the European Union and its neighbours. This is not a ‘partnership by default’, and these countries must therefore be considered as ‘partners at all levels’. Although cofinancing should be the general rule, it is still important to maintain the usefulness of independent actions, such as those carried out with support from human rights NGOs in countries where the political situation is tense.
Amendment 8 Article 7(1)
(1) For country or multicountry and thematic programmes, strategy papers shall be adopted, in accordance with the procedure referred to in Article 26(2). Strategy papers shall reflect the policy framework and the action plans referred to in Article 3. Strategy papers shall be established for a period compatible with the priorities set in the policy framework and shall contain multiannual indicative programmes including indicative multiannual financial allocations. They shall be reviewed as and when necessary and may be revised in accordance with the procedure referred to in Article 26(2).	(1) For country or multicountry and thematic programmes, strategy papers shall be adopted, in accordance with the procedure referred to in Article 26(2). Strategy papers shall reflect the policy framework and the action plans referred to in Article 3. Strategy papers shall be established for a period compatible with the priorities set in the policy framework and shall contain multiannual indicative programmes including indicative multiannual financial allocations and priority objectives for each country or region selected from those listed in Article 2(2). They shall be reviewed as and when necessary and may be revised in accordance with the procedure referred to in Article 26(2).
Justification
Given the extensive list of objectives set out in Article 2(2), it is important to identify a limited number of priority sectors for each country’s or region’s programme in order to avoid spreading limited funds too thinly. This amendment seeks to provide legal certainty for the principles laid down in Commission staff working paper SEC(2000) 1049. It should be borne in mind that current rules governing the TACIS financial instrument recommend that each country select a maximum of three priority objectives.
Amendment 9 Article 10(1) and (2)
(1) Joint programmes shall, in principle, be implemented by a joint managing authority located in a Member State. (2) The participating countries may exceptionally propose to the Commission that the joint managing authority should be located in a partner country, provided that the designated body is in a position to apply in full the criteria laid down in the relevant provisions of Regulation (EC) No 1605/2002.	(1) Joint programmes shall be implemented by a joint managing authority located, at least initially, in a Member State. (2) The participating countries may propose to the Commission that the joint managing authority should be located in a partner country, provided that the designated body is in a position to apply in full the criteria laid down in the relevant provisions of Regulation (EC) No 1605/2002.
Justification
Full emphasis must be placed on the word ‘partnership’ and not on ‘assistance’. This also applies to the principle of decentralisation of power to the delegations in the partner countries: ‘anything that can be better managed or decided on the spot, close to the ground, should not be managed or decided in Brussels’ or elsewhere. Moreover, the partner countries, in their ‘bilateral’ and ‘cross‑border cooperation’ relations with the European Union, may reasonably expect to be granted equal powers and responsibilities, particularly in terms of the financial management of aid.
Amendment 10 Article 25
The Commission shall examine the progress made on implementing the measures taken under this Regulation and shall submit to the European Parliament and the Council an annual report on the implementation of the assistance. This report shall also be submitted to the European Economic and Social Committee and to the Committee of the Regions. It shall contain information relating to the previous year on the measures financed, the results of monitoring and evaluation exercises, and the implementation of budget commitments and payments broken down by country, region and cooperation sector.	The Commission shall examine the progress made on implementing the measures taken under this Regulation and shall submit to the European Parliament and the Council before 1 September an annual report on the implementation of the assistance. This report shall also be submitted to the European Economic and Social Committee and to the Committee of the Regions. It shall contain information relating to the previous year on the measures financed, the results of monitoring and evaluation exercises, and the implementation of budget commitments and payments broken down by country, region and cooperation sector.
Justification
This deadline is necessary so that the European Parliament and Council may consider the annual report before the end of the following year.
Amendment 11 Article 28
Without prejudice to the provisions on the suspension of aid in partnership and cooperation agreements and association agreements with partner countries and regions, where a partner country fails to observe the principles referred to in Title I, the Council, acting by a qualified majority on a proposal from the Commission, may take appropriate steps in respect of any assistance granted to the partner country under this Regulation.	Without prejudice to the provisions on the suspension of aid in partnership and cooperation agreements and association agreements with partner countries and regions, where a partner country fails to observe the principles referred to in Title I, the Council, acting by a qualified majority on a proposal from the Commission forwarded simultaneously to the European Parliament and to the Council, may take appropriate steps in respect of any assistance granted to the partner country under this Regulation.
Justification
As the regulation is to be adopted under the codecision procedure, the European Parliament must, at the very least, be able to express an opinion on vital, highly political decisions such as the suspension of aid.
Amendment 12 Article 29
The financial reference amount for implementation of this Regulation over the period 2007‑2013 is EUR 14 929 million. Annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspectives.	The financial reference amount for implementation of this Regulation over the period 2007‑2013 is EUR 14 929 million. Annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspectives. As a minimum requirement, the annual budget must: - include a breakdown of the amounts assigned to the countries defined as ‘Southern’ and to those defined as ‘Eastern’ by Annex 1; - include a breakdown comparing the financing of cross‑border cooperation and bilateral cooperation; - provide a general context for the thematic division of funds beyond the division inherent to the action plans.
Justification
The MEDA II and TACIS instruments, which are starting to be recognised for their effectiveness, must not be diluted. In order to ensure the continuity of funding, allocation of funds among the regions, similar to that currently in operation, should continue.
Consequently, the budgetary authority should be able to review the allocation of funds in order to ensure that an adequate balance is struck between the main geographical regions, between cross‑border and bilateral cooperation and between the thematic programmes, while taking account of the progress of reforms.
Amendment 13 Annex
ANNEX   Partner countries referred to in Article 1   Algeria Armenia Azerbaijan Belarus Egypt Georgia Israel Jordan Lebanon Libya Moldova Morocco Palestinian Authority of the West Bank and Gaza Strip Russian Federation Syria Tunisia Ukraine	ANNEX   Partner countries referred to in Article 1 Southern countries Algeria Egypt Israel Jordan Lebanon Libya Morocco Palestinian Authority of the West Bank and Gaza Strip Syria Tunisia   Eastern countries Armenia Azerbaijan Belarus Georgia Moldova Russian Federation Ukraine
Justification
This is needed as a clarification of Article 29 in the light of the previous amendment.

PROCEDURE

Title	Proposal for a European Parliament and Council regulation laying down general provisions establishing a European Neighbourhood and Partnership Instrument
References	COM(2004)0628 – C6‑0129/2004 – 2004/0219(COD)
Committee responsible	AFET
Committee asked for an opinion   Date announced in plenary	INTA 14.12.2004
Enhanced cooperation	No
Draftsman   Date appointed	Tokia Saïfi 25.10.2004
Discussed in committee	17.1.2005	2.2.2005
Date amendments adopted	30.8.2005
Result of final vote	For: Against: Abstentions:		22 2 2
Members present for the final vote	Kader Arif, Enrique Barón Crespo, Daniel Caspary, Nigel Farage, Christofer Fjellner, Glyn Ford, Béla Glattfelder, Sajjad Karim, Caroline Lucas, Erika Mann, Helmuth Markov, David Martin, Javier Moreno Sánchez, Georgios Papastamkos, Godelieve Quisthoudt-Rowohl, Tokia Saïfi, Peter Šťastný, Johan Van Hecke, Zbigniew Zaleski
Substitutes present for the final vote	Panagiotis Beglitis, Albert Deß, Pierre Jonckheer, Zuzana Roithová, Antolín Sánchez Presedo, Ivo Strejček
Substitutes under Rule 178(2) present for the final vote	Sergio Berlato

• [1]  OJ C ... /Not yet published in OJ.

OPINION of the Committee on Budgets (25..10.2005)

for the Committee on Foreign Affairs

on the proposal for a regulation of the European Parliament and of the Council laying down general provisions establishing a European Neighbourhood and Partnership Instrument
(COM(2004)0628 – C6‑0129/2004 – 2004/0219(COD))

Draftsman: László Surján

SHORT JUSTIFICATION

General background

Following the communication on the Financial Perspective 2007-2013[1], the Commission presented a legislative package proposing a drastic simplification of the EU external instruments, driven by the need to facilitate coherence and consistency of external actions, and to achieve better and more with the resources available, by addressing the following principles:

¨  Policy must lead the instruments

¨  Ensuring overall policy coherence

¨  Simplifying structure and procedures

¨  Output-oriented resources allocation

¨  Better dialogue and coordination with other donors and institutions

¨  Better dialogue with third countries

In the new architecture proposed, three general instruments are directly supporting European external policies: the pre-accession policy, the neighbourhood policy and the development policy. Three thematic instruments are designed to respond to crisis situations, whether political, humanitarian or financial, and will cover all third countries. The simplification process will also include the merging of various thematic instruments, which at present are separate, into the main instruments.

European Neighbourhood Policy (ENP)

The European Council has repeatedly stated its determination that enlargement of the Union must not lead to new dividing lines at the external borders of the EU of 25. The European neighbourhood Policy was conceived as a way to respond to this challenge and develop increasingly close relations with our neighbours to the East and South. The Commission has presented a “Strategy Paper on the European Neighbourhood Policy”[2] (ENP) which spells out how the Union will continue to promote stability, security and prosperity beyond its borders by deepening political cooperation and intensifying economic relations with Russia, the Western NIS, the Southern Caucasus and the Southern Mediterranean countries. The main objective of the policy is to intensify regional and cross-border cooperation.

The ENP covers a wide range of areas: political dialogue and reform; trade; measures preparing partners for gradually obtaining a stake in the Internal Market; justice and home affairs; energy, transport, information society, environment, and research and innovation; social policy and people-to-people contacts, including the opening of certain Community programmes; and cross-border and regional co-operation. The ENP is aimed at developing the full potential of the Association Agreements and Partnership and Cooperation Agreements which for the time being continue to constitute the contractual frameworks for relations between the EU and the neighbouring countries concerned.

European Neighbourhood Policy Instrument

The proposed European Neighbourhood and Partnership Instrument[3] (ENPI) will be the main financial instrument to support the implementation of ENP, which should operate in the new financial perspective 2007-2013. It will focus in particular on supporting the implementation of the ENP Action Plans.

Individual actions and measures, specific objectives and corresponding criteria to measure their attainment will be defined in Country Strategy Papers and National Indicative Programmes. These will be elaborated on the basis of the Action Plans and in-depth analyses of a given country’s situation and needs, its capacities and track-record in implementing commitments made, and also the level of ambition in our bilateral relations, such as the actual commitment to shared values. It is imperative to ensure the Parliament's influence in the political priority-setting of these strategies and plans, especially given the framework nature of the proposed text. Amendments have therefore been introduced to make sure this is the case while, at the same time, avoiding over-regulation.

A specific and innovative feature of the ENPI is its cross-border cooperation component. Under this component, the ENPI will finance “joint programmes” bringing together regions of Members States and partner countries sharing a common border. This should bring a radical simplification in procedures and substantial gains in efficiency. This component will be mainly geared towards promoting sustainable economic, social and environmental development in border regions of the EU and the member states.

AMENDMENTS

The Committee on Budgets calls on the Committee on Foreign Affairs, as the committee responsible, to incorporate the following amendments in its report:

Draft legislative resolution

Amendment 1

Paragraph 1 a (new)

1a.    Points out that the appropriations indicated in the legislative proposal beyond 2006 are subject to the decision on the next multi-annual financial framework;

Amendment 2

Paragraph 1 b (new)

1b.    Calls on the Commission, once the next financial framework is adopted, to present, if appropriate, a proposal to adjust the financial reference amount of the programme;

Justification

The financial reference amount cannot be finally established until the financial perspective has been adopted. Once it has been adopted, the Commission should submit a legislative proposal with a view to determining the reference amount in accordance with the ceiling set in the financial perspective.

Proposal for a regulation

Text proposed by the Commission[4]	Amendments by Parliament
Amendment 3 Recital 16
(16) The measures necessary for the implementation of this Regulation are measures to be adopted in accordance with Council Decision 1999/468 of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission.	(16) The measures necessary for the implementation of this Regulation are: a) following deliberations with the representatives of the Member States in the Council: measures to be adopted in accordance with Council Decision 1999/468 of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission; b) following deliberations with the European Parliament: measures to be adopted in accordance with the procedure set out in paragraph 26a.
Justification
It is imperative that the Parliament has influence also over the strategy documents since the proposed regulation is of a general nature. It is not reasonable that the "strategy" should only be decided by the Council in a co-decision instrument. This can be assured through a procedure compatible with the existing legislative, budgetary and comitology provisions while, at the same time, ensuring that there is no rigid over-regulation which would make it difficult to react to changing needs in the international field.
Amendment 4 Article 4, paragraph 4
(4) Community assistance under this Regulation shall normally be cofinanced by the beneficiary countries through public funds, contributions from the beneficiaries or other sources.	(4) Community assistance under this Regulation shall be cofinanced by the beneficiary countries through public funds, contributions from the beneficiaries or other sources. The rate of co-financing shall normally be in the range of 20 % to 50%. In duly substantiated cases, an action may be financed at a lower co-financing rate, or even in full from the EU budget, if this proves essential for it to be carried out.
Justification
It should be said that co-financing is not just a voluntary concept but essential for good management and ownership of programmes. This principle is also enshrined in the Financial Regulation, especially art. 109 and 169.
Amendment 5 Article 7, paragraph 1
(1) For country or multicountry and thematic programmes, strategy papers shall be adopted, in accordance with the procedure referred to in Article 26(2). Strategy papers shall reflect the policy framework and the action plans referred to in Article 3. Strategy papers shall be established for a period compatible with the priorities set in the policy framework and shall contain multiannual indicative programmes including indicative multiannual financial allocations. They shall be reviewed as and when necessary and may be revised in accordance with the procedure referred to in Article 26(2).	(1) For country or multicountry and thematic programmes, strategy papers shall be adopted, in accordance with the procedures referred to in Articles 26(2) and 26a. Strategy papers shall reflect the policy framework and the action plans referred to in Article 3. Strategy papers shall be established for a period compatible with the priorities set in the policy framework and shall contain multiannual indicative programmes including indicative multiannual financial allocations. They shall be reviewed as and when necessary and may be revised in accordance with the procedure referred to in Article 26(2) and 26a.
Justification
It is imperative that the Parliament has influence also over the strategy documents since the proposed regulation is of a general nature. It is not reasonable that the "strategy" should only be decided by the Council in a co-decision instrument. This can be assured through a procedure compatible with the existing legislative, budgetary and comitology provisions while, at the same time, ensuring that there is no rigid over-regulation which would make it difficult to react to changing needs in the international field
Such a procedure would allow the Parliament to define, for example, how much (in a %) should be used by regions, how much should go to a specific theme, a specific country etc.
Amendment 6 Article 7, paragraph 3
(3) For the sole purpose of crossborder cooperation, in order to establish the list of joint programmes referred to in Article 9(1), the indicative multiannual allocations and the territorial units eligible to participate in each programme, one or, if necessary, more specific strategy papers shall be adopted in accordance with the procedure referred to in Article 26(2). Such specific strategy paper(s) shall, in principle, cover a seven‑year period from 1 January 2007 to 31 December 2013.	(3) For the sole purpose of crossborder cooperation, in order to establish the list of joint programmes referred to in Article 9(1), the indicative multiannual allocations and the territorial units eligible to participate in each programme, one or, if necessary, more specific strategy papers shall be adopted in accordance with the procedure referred to in Articles 26(2) and 26a. Such specific strategy paper(s) shall, in principle, cover a seven‑year period from 1 January 2007 to 31 December 2013.
Justification
Same as amendment 5.
Amendment 7 Article 13, paragraph 4
(4) The Commission shall send the special measures to the Member States for their information within one month of adopting its decision.	(4) The Commission shall send the special measures to the Member States and the European Parliament for their information, within one month of adopting its decision.
Justification
Same as amendment 5.
Amendment 8 Article 26 a (new)
	Article 26a
	The Commission shall, no later than 30 September of the year n-2, present for each external policy instrument a multi-annual policy strategy paper that shall also contain a specific chapter on an indicative multi-annual financial framework. This paper will normally span three years. The European Parliament will, in the year n-1, express its evaluation of each policy paper and its indicative financial framework after adopting its resolution on the Annual Policy Strategy (APS) for the year n. This procedure shall be without prejudice to the budgetary powers of the Parliament and will serve to ensure consistency in political priority-setting and in matching the above at budgetary level.   Before adopting the strategy papers referred to in Article 7, paragraph 1 and 3 on which the country, multicountry, thematic and joint programmes will be based, the Commission shall submit the draft text to the European Parliament and the Council. Within three months of the submission of the draft text, each institution may either suggest amendments, if it considers that the draft text does not meet the objectives laid down by the legislative authority, or object to the adoption of that text and, possibly, ask the Commission to submit a proposal for a legislative act to be adopted in accordance with Article 251 of the Treaty.
Justification
It is imperative that the Parliament has influence also over the political priority-setting in country and/or thematic strategies and actions plans since the proposed regulation is of a framework nature only and stripped of most policy content This can be assured through a procedure compatible with the existing legislative and budgetary provisions while, at the same time, ensuring that there is no rigid over-regulation which would make it difficult to react to changing needs in the international field.
It is imperative that the Parliament keeps influence over the strategy documents, since the proposal for a regulation is of a very general nature, whereas the strategy documents are of a political nature rather than purely technical implementing measures. In principle the EP could insist that the legislative procedure of article 251 be maintained for the adoption of the strategy papers. But in order to provide some flexibility for the Commission a procedure is proposed where the strategy papers can be decided upon in comitology, provided that neither of the institutions object. This would mean that only in case that the draft texts by the Commission meet heavy opposition by the legislative authority, the legislative procedure would have to be followed
Amendment 9 Article 29
The financial reference amount for implementation of this Regulation over the period 2007‑2013 is € 14 929 million. Annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspectives.	The indicative financial reference amount for implementation of this instrument is set at EUR 16 978 million for the period of 7 years beginning on 1 January 2007. Annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspectives.
Justification
The reference amount is consistent with EP's negotiating position (Böge report). It is calculated on the basis of the Commission financial statement for this programme (in current prices) to which the amount of EUR 2 049 million in current prices is added.
Furthermore, the reference amount for the financial framework cannot be set until such time that a decision has been reached on the Financial Perspective. Once a decision is reached, the Commission shall present, if necessary, a legislative proposal to set the reference amount with respect to the appropriate ceiling of the the financial perspective (see amendment to the legislative resolution).

PROCEDURE

Title	Proposal for a regulation of the European Parliament and of the Council laying down general provisions establishing a European Neighbourhood and Partnership Instrument
References	COM(2004)0628 – C6‑0129/2004 – 2004/0219(COD)
Committee responsible	AFET
Opinion by   Date announced in plenary	BUDG 14.12.2004
Enhanced cooperation – date announced in plenary
Drafts(wo)man   Date appointed	László Surján 31.1.2005
Discussed in committee	20.4.2005		14.9.2005	11.10.2005
Date adopted	11.10.2005
Result of final vote	+: –: :	39
Members present for the final vote	Reimer Böge, Simon Busuttil, Paulo Casaca, Valdis Dombrovskis, Bárbara Dührkop Dührkop, James Elles, Hynek Fajmon, Szabolcs Fazakas, Salvador Garriga Polledo, Neena Gill, Dariusz Maciej Grabowski, Ingeborg Gräßle, Louis Grech, Nathalie Griesbeck, Catherine Guy-Quint, Ville Itälä, Anne E. Jensen, Wiesław Stefan Kuc, Zbigniew Krzysztof Kuźmiuk, Alain Lamassoure, Janusz Lewandowski, Vladimír Maňka, Mario Mauro, Jan Mulder, Gérard Onesta, Giovanni Pittella, Antonis Samaras, Anders Samuelsen, Esko Seppänen, Nina Škottová, László Surján, Helga Trüpel, Yannick Vaugrenard, Kyösti Tapio Virrankoski, Ralf Walter
Substitute(s) present for the final vote	Lidia Joanna Geringer de Oedenberg, Hans-Peter Martin, Jean-Claude Martinez, Peter Šťastný
Substitute(s) under Rule 178(2) present for the final vote
Comments (data available in one language only)

• [1]  COM(2004)0487.
• [2]  COM(2004)0373.
• [3]  COM(2004)0628.
• [4]  Not yet published in OJ.

OPINION of the Committee on Employment and Social Affairs (25.5.2005)

for the Committee on Foreign Affairs

on the proposal for a regulation of the European Parliament and of the Council laying down general provisions establishing a European Neighbourhood and Partnership Instrument
(COM(2004)0628 – C6‑0129/2004 – 2004/0219(COD))

Draftswoman: Elisabeth Schroedter

SHORT JUSTIFICATION

The regulation on the European Neighbourhood Instrument (ENI) is the basis for implementation of the European Neighbourhood Policy (ENP). In a strategy paper (COM(2004)0373), the Commission presents its blueprint for cooperation with the neighbouring countries bordering on the Union. This strategy is designed for those countries bordering the EU that will not initially be offered EU accession[1]. It seeks to strengthen the relationship with these countries and to allow them to participate in the benefits of EU enlargement through the enhancement of stability, security and prosperity in these countries as well. The aim is thereby to avoid dividing lines between the enlarged EU and the neighbouring countries, particularly where the external frontier threatens to cut cultural links. In addition to the cooperation encompassing key EU policies these countries are also to be given the opportunity to take part in various EU activities.

The method proposed by the Commission in the neighbourhood strategy is to fix a series of priorities together with the countries in question, which then move closer to the EU by meeting these priorities. These priorities are included in jointly agreed action plans with EU values applicable as common principles. Since many neighbouring countries e.g. Ukraine are somewhat disappointed by the EU offer for future relations, the Commission emphasises in the strategy paper the additional benefit of cooperation in the neighbourhood strategy. Under this heading it also includes the support for reforms that assist socially balanced development and support in the fight against unemployment and poverty.

The areas of cooperation are spelt out in much greater detail under the heading of ‘Action Plans’. For example, cooperation is meant to be based on the fundamental values of the Union including non-discrimination. Whilst the other areas are comprehensively covered in the ENI this important fundamental value of ‘non-discrimination’ has been omitted there. This is the justification for some of the amendments listed below. Other amendments amplify and spell out in greater detail points where the Commission proposals in the strategy paper (COM(2004)0373) and in the communication on the framing of action plans (COM(2004)0795) are not to be found in the proposed regulation on the ENI or are unsatisfactorily reproduced there as far as the terms of reference of the Committee on Employment and Social Affairs are concerned. Emphasis was at the same time also placed on ensuring that the ambitious projects in the strategy paper can actually be put into practice. Frontline issues were the strengthening of trade union structures, the establishment of NGOs in the welfare network and the reinforcement of joint decision-making at works level.

The draftswoman has also taken care to ensure that, in the area of cross-border cooperation, the mistakes of the past at the external frontier of EU-15 are avoided. From the outset, both the objectives and appropriate instruments must counteract the social tensions that arise here in a very confined area as a result of the huge economic disparity. The ENI is at the same time the legal basis for cross-border cooperation at the EU external frontier for the regions outside the EU directly adjoining the border.

The draftswoman would, however, point out at this juncture that she does not have the means here to alleviate the fundamental shortcomings of the neighbourhood instrument. She continues to have doubts about whether the old versions of the partnership and cooperation agreements and of the association agreements under the Mediterranean partnership are the appropriate basis for the new policy and fears legal and practical restrictions on implementation of the strategy.

AMENDMENTS

The Committee on Employment and Social Affairs calls on the Committee on Foreign Affairs, as the committee responsible, to incorporate the following amendments in its report:

Text proposed by the Commission[2]	Amendments by Parliament
Amendment 1 Recital 4
(4) The privileged relationship between the European Union and its neighbours will build on commitments to common values, including democracy, the rule of law, good governance and respect for human rights, and to the principles of market economy, free trade, sustainable development and poverty reduction.	(4) The privileged relationship between the European Union and its neighbours will build on commitments to common values, including democracy, the rule of law, good governance and respect for human rights, and to the principles of social market economy, free trade, sustainable development and poverty reduction.
Amendment 2 Recital 12
(12) In order to avoid the creation of new dividing lines, it is particularly important to remove obstacles to effective crossborder cooperation along the external borders of the European Union. Crossborder cooperation should contribute to integrated and sustainable regional development between neighbouring border regions and harmonious territorial integration across the Community and with neighbouring countries. This aim can best be achieved by combining external policy objectives with environmentally sustainable economic and social cohesion.	(12) In order to avoid the creation of new dividing lines, it is particularly important to remove obstacles to effective crossborder cooperation along the external borders of the European Union. Crossborder cooperation should contribute to integrated and sustainable regional development between neighbouring border regions, the removal of social tensions and harmonious territorial integration across the Community and with neighbouring countries. This aim can best be achieved by combining external policy objectives with environmentally sustainable economic and social cohesion.
Justification
The economic disparity along the EU external frontier results in social tensions in the border regions concerned on both sides of the external frontier. The removal of such tensions is an essential precondition of harmonious development to mutual advantage.
Amendment 3 Article 1, paragraph 3
(3) The Union is founded on the values of respect for human dignity, liberty, democracy, equality, the rule of law and respect for human rights and seeks to promote commitment to these values in partner countries through dialogue and cooperation.	(Does not affect English version)
Justification
(Does not affect English version).
Amendment 4 Article 2, paragraph 1
(1) Community assistance under the Neighbourhood and Partnership Instrument shall promote enhanced cooperation and progressive economic integration between the European Union and the partner countries and, in particular, the implementation of partnership and cooperation agreements, association agreements or other existing and future agreements.	(1) Community assistance under the Neighbourhood and Partnership Instrument shall promote enhanced cooperation and progressive economic and social integration between the European Union and the partner countries and, in particular, the implementation of partnership and cooperation agreements, association agreements or other existing and future agreements.
Justification
This refers to the heading in the ENP Strategy Paper (COM(2004)0373) ‘Action plans: People-to-people, programmes and agencies’.
Amendment 5 Article 2, paragraph 2, point (a a) (new)
	(aa) promoting legal reforms and measures aimed at removing discrimination based in particular on sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation;
Justification
The wording matches that of Article II-81 of the European Constitution and is objectively justified in the ENP Strategy Paper (COM(2004)0373) under the heading ‘Action plans: commitment to shared values’. ‘Non-discrimination’ is mentioned there as subject-matter for the actions plans, although this is not reflected in Article 2, paragraph 2 since Article 2, paragraph 2(g) refers only to Articles II-83 and III-210 respectively of the Constitution.
Amendment 6 Article 2, paragraph 2, point (b)
(b) promoting legislative and regulatory approximation in all relevant areas and in particular to encourage the progressive participation of partner countries in the internal market and the intensification of trade;	(b) promoting legislative and regulatory approximation in all relevant areas and in particular to encourage the progressive participation of partner countries in the internal market and the intensification of trade, with a view to progressive integration into international trade;
Justification
As well as participation in the internal market, it is extremely important to pursue a policy geared to the constant development of neighbouring countries in the field of international trade, so that their economic recovery will be given a more rapid boost through the progressive harmonisation and liberalisation of the market.
Amendment 7 Article 2, paragraph 2, point (f)
(f) supporting policies aimed at poverty reduction;	(f) supporting policies aimed at poverty reduction; promoting structures that benefit social integration;
Justification
This refers to the Commission communication (COM(2004)0795) on the action plans under ‘Main features of ENP’ where social policy is also listed.
Amendment 8 Article 2, paragraph 2, point (g)
(g) supporting policies to promote social development and gender equality, employment and social protection including social dialogues, and respect for trade union rights and core labour standards;	(g) supporting policies to promote social development and gender equality, non-discrimination, employment and social protection including protection of migrant workers, social dialogues, and respect for trade union rights and uniform labour standards;
Justification
This refers to the heading in the ENP Strategy Paper (COM(2004)0373) ‘Action plans: economic and social development policy’.
Amendment 9 Article 2, paragraph 2, point (h)
(h) supporting policies to promote health, education and training;	(h) supporting policies to promote health, education, training and further training;
Justification
This addition is necessary since the term ‘vocational training’ would be formally correct because it covers all forms of training but, as the purpose of the list is to indicate the various forms of cooperation, it also needs to be complete and in line with current EU policies.
Amendment 10 Article 2, paragraph 2, point (h a)
	(ha) ensuring the implementation at institutional level of mechanisms aimed at greater employability, particularly by encouraging the promotion of self-employment through microloans;
Justification
Strengthening employability is a key factor for the success of the partnership, as is the implementation of microloan schemes to boost self-employment.
Amendment 11 Article 2, paragraph 2, point (k)
(k) promoting the development of a market economy, including measures to support the private sector, encourage investment and promote global trade;	(k) promoting the development of a market economy, including measures to support the private sector, particularly SMEs, encourage investment and promote global trade;
Amendment 12 Article 2, paragraph 2, point (n)
(n) ensuring efficient and secure border management;	(n) ensuring efficient and secure border management, contributing to the fight against illegal people-trafficking;
Amendment 13 Article 2, paragraph 2, point (r)
(r) promoting cooperation between the Member States and partner countries in higher education and mobility of teachers, researchers and students;	(r) promoting cooperation between the Member States and partner countries in higher education and mobility of teachers, researchers and students and links between them at European level;
Amendment 14 Article 2, paragraph 2, point (u)
(u) supporting crossborder cooperation to promote sustainable economic, social and environmental development in border regions;	(u) supporting crossborder cooperation to promote sustainable economic, social and environmental development in border regions so as subsequently to provide a basis for their supra-regional development;
Justification
Over and above the objective of stabilising the EU’s crossborder regions, conditions need to be created which will generate positive external effects so that these regions will act as a basis for recovery and stability for the whole area.
Amendment 15 Article 2, paragraph 2, point (v)
(v) promoting regional cooperation and integration;	(v) promoting regional cooperation and socio-economic integration;
Justification
This reflects the objective that measures at the borders should be directed towards ensuring that the huge economic disparity does not impact negatively on both the external border regions of the Union and of its partners along the external border.
Amendment 16 Article 3
The partnership and cooperation agreements, the association agreements and other existing or future agreements which establish a relationship with partner countries, and the relevant Commission communications and Council conclusions laying down guidelines for European Union policy towards these countries, shall provide an overall policy framework for the programming of assistance under this Regulation. Jointly agreed action plans or other equivalent documents shall provide a key point of reference for setting assistance priorities.	The partnership and cooperation agreements, the association agreements and other existing or future agreements which establish a relationship with partner countries, and the relevant Commission communications and Council conclusions laying down guidelines for European Union policy towards these countries, shall provide an overall policy framework for the programming of assistance under this Regulation. Jointly agreed action plans or other equivalent documents shall provide a key point of reference for setting assistance priorities and shall have as their reference basis the social model advocated by the European Union and the objectives defined in the Lisbon Strategy.
Justification
There can be no sustainability without the consolidation and adaptation of the social model, and the objectives set out in the Lisbon Strategy should be highlighted in the partnerships.
Amendment 17 Article 4, paragraph 2
(2) Community assistance under this Regulation shall normally be established in partnership between the Commission and the beneficiaries. The partnership shall involve, as appropriate, national, regional and local authorities, economic and social partners, civil society and other relevant bodies.	(2) Community assistance under this Regulation shall normally be established in partnership between the Commission and the beneficiaries. The partnership shall involve national, regional and local authorities, economic and social partners, civil society and other relevant bodies. Their opinions shall be a compulsory part of the documentation.
Justification
The partnership principle is elevated here into one of fundamental importance as in the European Structural Funds. At the same time, the standard procedures governing both crossborder and transnational cooperation are applied here to the ENI.
Amendment 18 Article 4, paragraph 3
(3) The beneficiary countries shall associate the relevant partners as appropriate, in particular at regional and local level, in the preparation, implementation and monitoring of programmes and projects.	(3) The beneficiary countries shall associate the relevant partners, in particular the social partners and those at regional and local level, in the preparation, implementation and monitoring of programmes and projects. Their opinions shall be a compulsory part of the documentation.
Justification
The partnership principle is elevated here into one of fundamental importance as in the European Structural Funds and its standards are adapted to those of the European Structural Funds.
Amendment 19 Article 14, paragraph (g), point (i)
(i) public or parastatal bodies, local authorities or administrations and consortia thereof;	(i) public or parastatal bodies, local authorities or national and regional administrations and consortia thereof;
Justification
An explicit reference should be made to the three levels of government to avoid a restrictive interpretation of the concept of administrations.
Amendment 20 Article 14, point (h), point (iv)
(iv) cooperatives, trade unions, organisations representing economic and social interests;	(iv) cooperatives, trade unions, organisations representing economic and social interests, welfare and social organisations;
Justification
These organisations are responsible for social integration.
Amendment 21 Article 16, paragraph 1 a (new)
	(1a) Support measures shall also mean training and educational measures enabling the partners referred to in Article 4, paragraphs 2 and 3 to perform the tasks of partnership in accordance with Article 4.
Justification
The partnership principle set out in Article 4(2) and (3) can be successfully implemented only with this provision since the conditions do not as yet exist in the ENP countries for this purpose.
Amendment 22 Article 24, paragraph 2
(2) The Commission shall send its evaluation reports to the Committee referred to in Article 26 for information.	(2) The Commission shall send its evaluation reports to the Committee referred to in Article 26 and the European Parliament for information.
Justification
As part of the budgetary authority, Parliament should also be involved in monitoring implementation.
Amendment 23 Article 24, paragraph 2 a (new)
	(2a) After considering the evaluation reports, Parliament shall forward its recommendations to the Committee referred to in Article 26.
Justification
As part of the budgetary authority, Parliament should also be involved in monitoring implementation.
Amendment 24 Article 28
Without prejudice to the provisions on the suspension of aid in partnership and cooperation agreements and association agreements with partner countries and regions, where a partner country fails to observe the principles referred to in Title I, the Council, acting by a qualified majority on a proposal from the Commission, may take appropriate steps in respect of any assistance granted to the partner country under this Regulation.	Without prejudice to the provisions on the suspension of aid in partnership and cooperation agreements and association agreements with partner countries and regions, where a partner country fails to observe the principles referred to in Title I, the Council, acting by a qualified majority on a proposal from the Commission and after obtaining the consent of the European Parliament, may take appropriate steps in respect of any assistance granted to the partner country under this Regulation.
Justification
As part of the budgetary authority, Parliament should also be involved in monitoring implementation.

PROCEDURE

Title	Proposal for a Regulation of the European Parliament and of the Council laying down general provisions establishing a European Neighbourhood and Partnership Instrument
References	COM(2004)0628 - C6-0129/2004 - 2004/0219(COD)
Committee responsible	AFET
Committee asked for its opinion   Date announced in plenary	EMPL 14.12.2004
Enhanced cooperation	-
Drafts(wo)man   Date appointed	Elisabeth Schroedter 16.12.2004
Discussed in committee	16.3.2005	24.5.2005
Date amendments adopted	24.5.2005
Result of final vote	for: against: abstentions:		21 1 0
Members present for the final vote	Jan Andersson, Philip Bushill-Matthews, Ole Christensen, Proinsias De Rossa, Harald Ettl, Carlo Fatuzzo, Ilda Figueiredo, Joel Hasse Ferreira, Stephen Hughes, Ona Juknevičienė, Jan Jerzy Kułakowski, Sepp Kusstatscher, Jean Lambert, Thomas Mann, Mario Mantovani, Maria Matsouka, Csaba Őry, Marie Panayotopoulos-Cassiotou, José Albino Silva Peneda, Jean Spautz, Anne Van Lancker.
Substitutes present for the final vote	Ursula Stenzel
Substitutes under Rule 178(2) present for the final vote

• [1]  (Algeria, Armenia, Azerbaijan, Belarus, Egypt, Georgia, Israel, Jordan, Lebanon, Libya, Moldova, Morocco, Palestinian Authority for West Jordan and the Gaza Strip, Russian Federation, Syria, Tunisia and Ukraine).
• [2]  OJ C ... /Not yet published in OJ.

OPINION of the Committee on the Environment, Public Health and Food Safety (19.7.2005)

for the Committee on Foreign Affairs

on the proposal for a regulation of the European Parliament and of the Council laying down general provisions establishing a European Neighbourhood and Partnership Instrument
(COM(2004)0628 – C6‑0129/2004 – 2004/0219(COD))

Draftsman: Vittorio Prodi

SHORT JUSTIFICATION

The proposal for a regulation establishing a European Neighbourhood and Partnership Instrument (ENPI) stems from the newly created European Neighbourhood Policy (ENP), which aims to develop an increasingly close relationship with countries which border the European Union or face closely the same sea basin. It is a framework regulation, which provides the financial tools for the implementation of said policy, according to the existing and future action plans, tailor-made to their respective interests and capacities, agreed upon with each country.

The intention of the proposal is to create a powerful instrument based on the idea that a good relationship and a democratic attitude, in line with the traditional values of the Union, such as the respect for democracy and for human rights, the promotion of peace, freedom, the European social model and sustainable development, will foster integration and development in the countries covered by the ENPI. A specific application could be the case for Israel and the Palestinian Authority (PA): Israel has already signed the ENPI and negotiations are well under way with the PA. The EU could then use the partnership with both countries for resolving the conflict.

The financial effort, set at EUR 14 929 million for the period 2007-2013, does not seem adequate: as the effective participation of partner countries to EU agencies, including the participation of scientists, technicians and managers from neighbouring countries to training schemes and common projects should be further stressed and therefore requires a more important allocation of funds. In this respect, your rapporteur wishes to mention specifically the European Environment Agency (EEA), the European Medicines Agency (EMEA), the European Food Safety Authority (EFSA), the European Maritime Safety Agency (EMSA) and the European Centre for Disease Prevention and Control (ECDPC).

Other fields of common interest for the allocation of funds could be the facilities for territorial mapping and environmental monitoring (in particular from space).

There is grave concern about the proposed budget lines, as stated in the Legislative Financial Statement of the Commission. Indeed, the financial allocation of funds earmarked for the European Neighbourhood Policy should not result in a reduction of the funds to developing (non-neighbouring) countries in Asia, Latin America or Africa.

AMENDMENTS

The Committee on the Environment, Public Health and Food Safety calls on the Committee on Foreign Affairs, as the committee responsible, to incorporate the following amendments in its report:

Text proposed by the Commission[1]	Amendments by Parliament
Amendment 1 Recital 4
(4) The privileged relationship between the European Union and its neighbours will build on commitments to common values, including democracy, the rule of law, good governance and respect for human rights, and to the principles of market economy, free trade, sustainable development and poverty reduction.	(4) The privileged relationship between the European Union and its neighbours will build on commitments to common values, including democracy, the rule of law, good governance, access to information, public participation and respect for human rights, and to the principles of market economy, free trade, sustainable development and poverty reduction.
Justification
The Aarhus criteria are important to be built in the national laws in order to ensure proper access to environmental information and public participation to decision making.
Amendment 2 Article 1, paragraph 3
(3) The Union is founded on the values of respect for human dignity, liberty, democracy, equality, the rule of law and respect for human rights and seeks to promote commitment to these values in partner countries through dialogue and cooperation.	(3) The Union is founded on the values of respect for human dignity, liberty, democracy, equality, the rule of law and respect for human rights and for the environment and seeks to promote commitment to these values in partner countries through dialogue and cooperation.
Justification
Respect for the environment can very well be included among the few fundamental principles of the EU and represents a commitment also for future generations of the Neighbouring Countries (NC).
Amendment 3 Article 2, paragraph 2, point (c)
(c) strengthening of national institutions and bodies responsible for the elaboration and the effective implementation of policies in areas covered in association agreements, partnership and cooperation agreement and other future comparable agreements;	(c) strengthening of national institutions and bodies responsible for the elaboration and the effective implementation of policies in areas covered in association agreements, partnership and cooperation agreements, multilateral agreements to which the EU and the partner countries are parties, and other future comparable agreements;
Justification
Priority should be given to building capacities in partner countries to implement commitments under multilateral agreements, in particular as regards the protection of environment.
mendment 4 Article 2, paragraph 2, point (d)
(d) promoting sustainable development;	(d) promoting sustainable development in all aspects, including the drafting and the implementation of international treaties and schemes and regional co-operation to foster protection of maritime zones;
Justification
It is necessary to make reference to International agreements such as the Protocol on climate change or the emissions trading scheme.
Moreover, marine issues are high on the EU agenda: a thematic Strategy (EU Marine Strategy) is to be adopted in 2005 and the design of an EU Maritime Policy has been proposed by President Barroso and Commissioner Borg. Both initiatives aim to increase security and well-being in the bordering regions of the EU. The Neighbouring Countries should be fully associated from the beginning.
Amendment 5 Article 2, paragraph 2, point (e)
(e) promoting environmental protection and good management of natural resources;	(e) promoting environmental protection, nature conservation and sustainable management of natural and renewable resources, in particular, sustainable management of freshwater resources and protection of freshwater ecosystems through full integration of the Water Framework Directive (WFD) principles and approaches in national legislation and implementation of regional initiatives such as the EU Water Initiative;
Justification
The concept of "nature conservation" has to be promoted as much as the idea of "use" and management of natural resources. Moreover, environmental protection should include renewable resources, with special stress on freshwater.
Indeed, freshwater management is a key issues in the Neighbouring Countries (NC). In the Mediterranean it is a very scarce resource and its management is very much linked to regional security issues. In all NC, freshwater ecosystems are threatened by unsustainable development initiatives and this will add to the pressure and to the insecurity in the bordering regions of the EU. Implementation of the freshwater (WFD) part of environmental acquis should be considered as a priority for the NC.
Amendment 6 Article 2, paragraph 2, point (e a) (new)
	(ea) promoting cooperation in the marine and fisheries sector, including the participation of partner countries in the implementation and management of initiatives related to the EU marine strategy and the future EU maritime policy;
Justification
Marine issues are important and should be a ground for cooperation with Neighbouring Countries.
Amendment 7 Article 2, paragraph 2, point (e b) (new)
	(eb) promoting the rural assets of the countries;
Justification
The promotion of rural assets is important in order to boost sustainable development.
Amendment 8 Article 2, paragraph 2, point (t)
(t) supporting participation of partner countries in Community programmes and agencies;	(t) supporting participation of partner countries in Community programmes, agencies, training schemes and the future European Research Council and technological platforms;
Justification
It is important to invest in the training of relevant officials and managers from partner countries in order to make the participation to programmes more effective. Participation to the European Research Council and technological platforms activities will foster better understanding and sharing of the European "model".
Amendment 9 Article 6, paragraph 1, point (b)
(b) thematic programmes, addressing one or more specific challenges which are common to several partner countries and which may be relevant to one or more Member States;	(b) thematic programmes, addressing one or more specific challenges which are common to several partner countries and which may be relevant to one or more Member States, in particular on issues such as environmental protection, the promotion of health or the development of civil society;
Justification
Environment and “people to people issues, including civil society development” are identified in the Communication of the Commission on the ENP Strategy Paper as part of the priorities for regional co-operation. This needs also to be integrated in the text of the new Regulation so that it becomes mandatory.
Amendment 10 Article 7, paragraph 2
(2) In establishing country or multicountry programmes the Commission shall determine the allocations for each programme taking into account the specific characteristics and the needs of the country or the region concerned, the level of ambition of the Union’s partnership with a given country, the management capacity and the potential for absorption of funds.	(2) In establishing country or multicountry programmes the Commission shall determine the allocations for each programme taking into account the specific characteristics and the needs of the country or the region concerned, the level of ambition of the Union’s partnership with a given country, the management capacity, the potential for absorption of funds and environmental considerations.
Justification
Environmental considerations should be taken into account when setting up strategy papers.
Amendment 11 Article 7, paragraph 5
(5) In the event of crises or threats to democracy, the rule of law, human rights or fundamental freedoms, an emergency procedure may be used to conduct an ad hoc review of strategy papers. This review shall ensure coherence between Community assistance provided under this Regulation and assistance provided under other Community financial instruments, including Regulation (EC) No […] establishing an instrument for stability.	(5) In the event of crises or threats to democracy, the rule of law, human rights, fundamental freedoms or environmentally sustainable development, an emergency procedure may be used to conduct an ad hoc review of strategy papers. This review shall ensure coherence between Community assistance provided under this Regulation and assistance provided under other Community financial instruments, including Regulation (EC) No […] establishing an instrument for stability.
Justification
In case of community assistance - given its importance- environmental threats and concerns should also be a reason for reviewing strategy papers.
Amendment 12 Article 9, paragraph 5
(5) Joint programmes may be revised at the initiative of the participating countries or the Commission to take into account changes in cooperation priorities, socio-economic developments, the results observed from implementation of the measures concerned and from the monitoring and evaluation process, and the need to adjust the amounts of aid available and reallocate resources.	(5) Joint programmes may be revised at the initiative of the participating countries or the Commission in particular when serious negative environmental and social impacts are identified, to take into account changes in cooperation priorities, socio-economic developments, environmental impacts, the results observed from implementation of the measures concerned and from the monitoring and evaluation process, and the need to adjust the amounts of aid available and reallocate resources.
Justification
In some cases, (such as the development of infrastructures. in the framework of the TEN-T Network extended to the partner countries), national , regional or cross bordering co-operation projects funded with EU resources (ENPI and others) may have an overwhelming negative environmental and social impact. It is therefore crucial that the text of the Regulation reflects the necessary revision of the projects when such negative impacts are made clear in the assessments.
Amendment 13 Article 14, point (h), introductory part
(h) the following non‑state actors:	(h) the following non‑state actors, provided that they have legal personality:
Justification
See justification to amendment on Article 14, point (g), letter v.
Amendment 14 Article 15, paragraph 2, point (a a) (new)
	(aa) to strengthen the capacity of civil society and ensure its participation in the implementation of this Regulation;
Justification
The promotion of civil society is crucial for the development of democratic and transparent participation as well as for the success of the local projects.
Amendment 15 Article 15, paragraph 2, point (b a) (new)
	(ba) for operational grants to support civil society organisations and ensure their participation in the implementation of this Regulation;
Justification
Enhancing the capacity of civil society organisations is crucial for their participation in the fulfilment of the objectives of the Neighbourhood instrument, as well as acceptance and successful implementation of projects on the ground.
Amendment 16 Article 15, paragraph 2, point (i a) (new)
	(ia) to finance the costs of facilities for territorial mapping and environmental monitoring, including from space;
Justification
It is important to give partner countries the opportunity to participate in the monitoring networks created by the EU.
Amendment 17 Article 15, paragraph 2, point (j)
(j) for food aid;	(j) for food aid and food safety;
Justification
Measures related to food safety are to be promoted, in line with the scope of assistance mentioned in Art. 2.2 (m).

PROCEDURE

Title	Proposal for a Regulation of the European Parliament and of the Council laying down general provisions establishing a European Neighbourhood and Partnership Instrument
References	COM(2004)0628 – C6-0129/2004 – 2004/0219 (COD)
Committee responsible	AFET
Committee asked for its opinion   Date announced in plenary	ENVI 14.12.2004
Enhanced cooperation	No
Draftsman   Date appointed	Vittorio Prodi 30.11.2004
Discussed in committee	24.5.2005	13.7.2004
Date amendments adopted	13.7.2005
Result of final vote	for: against: abstentions:		39 0 0
Members present for the final vote	Georgs Andrejevs, Johannes Blokland, John Bowis, Frederika Brepoels, Hiltrud Breyer, Martin Callanan, Dorette Corbey, Avril Doyle, Mojca Drčar Murko, Edite Estrela, Jillian Evans, Karl-Heinz Florenz, Françoise Grossetête, Gyula Hegyi, Mary Honeyball, Dan Jørgensen, Christa Klaß, Urszula Krupa, Aldis Kušķis, Peter Liese, Jules Maaten, Marios Matsakis, Riitta Myller, Péter Olajos, Vittorio Prodi, Dagmar Roth-Behrendt, Guido Sacconi, Horst Schnellhardt, Richard Seeber, Kathy Sinnott, Jonas Sjöstedt, Anja Weisgerber, Åsa Westlund
Substitutes present for the final vote	Christofer Fjellner, Milan Gaľa, Umberto Guidoni, Erna Hennicot-Schoepges, Ria Oomen-Ruijten, Andres Tarand
Substitutes under Rule 178(2) present for the final vote

• [1]  Not yet published in OJ.

OPINION of the Committee on Industry, Research and Energy (21.6.2005)

for the Committee on Foreign Affairs

on the proposal for a regulation of the European Parliament and of the Council laying down general provisions establishing a European Neighbourhood and Partnership Instrument
(COM(2004)0628 – C6‑0129/2004 – 2004/0219(COD))

Draftsman: Andres Tarand

SHORT JUSTIFICATION

Your draftsman welcomes the Commission’s proposal for a regulation concerning the establishment of a European Neighbourhood and Partnership Instrument. The proposal should, however, be clearer and more precisely worded. That is why your rapporteur proposes amendments to clarify the Commission proposal in general, and with particular reference to the areas falling within the remit of the Committee on Industry, Research and Energy.

Your rapporteur seeks to supplement and clarify the objectives of the legislative proposal. To that end, your rapporteur proposes an amendment to include the objective of improving a partner country’s development capacity potential in order to reduce regional disparities. Your rapporteur highlights the importance of good management of resources which are not only natural but renewable in order to help protect the environment. He stresses the important role played by SMEs in applying the results of research to industry and services. Reorganising the provisions to encourage cooperation in the energy, telecommunications and transport sectors and deliver safe transport and energy operations, while seeking to promote renewable energy sources, new energy sources, energy efficiency and clean transport, should make the objective of achieving cooperation in the sectors referred to more comprehensible and avoid misunderstandings.

The proposal for a regulation should also explicitly specify the legal safeguards required to ensure that it is applied properly and uncontroversially. Your rapporteur proposes amendments to that effect, relating in particular to eligibility, cofinancing and the adoption of action programmes.

Moreover, your rapporteur repeatedly draws attention to the fact that the European Parliament is not being given a sufficiently important role to play with regard to objectives, principles, programming, the allocation of funds, and the management and evaluation of Community assistance as defined in this regulation. Consequently, your rapporteur proposes amendments to remedy the democratic deficit in those areas, as the proposal fails to reflect the thinking behind the Treaty establishing a Constitution for Europe.

In line with that logic, the European Parliament should be consulted concerning all the guidelines for European Union policy proposed by the Council or the Commission. There should be a requirement for the European Parliament to be involved in all agreements (partnership, cooperation, association and others) which relate to the provision of assistance, including those which do not yet exist. The European Parliament should be consulted on all national, multinational and thematic programmes at the outset under the codecision procedure. The Commission should be responsible for determining the allocation of cross-border cooperation programmes after consulting the European Parliament. The European Parliament, and the Council, should be automatically informed of any decision-making procedures concerning arrangements for the provision of Community assistance.

All these questions have been addressed in the various amendments, accompanied by brief justifications.

AMENDMENTS

The Committee on Industry, Research and Energy calls on the Committee on Foreign Affairs, as the committee responsible, to incorporate the following amendments in its report:

Text proposed by the Commission[1]	Amendments by Parliament
Amendment 1 Recital 9 a (new)
	(9a) Cooperation involving the European Union and the regions adjoining its northern parts, i.e. Northwest Russia, the Baltic and the Arctic regions, should continue to be supported with the aid of the Northern Dimension and of its action programmes.
Justification
The Northern Dimension, the guidelines for which the European Council adopted in 1999, is an important factor in attaining stable and sustainable development of the regions adjoining the northern parts of the European Union. The point of departure for the Northern Dimension was the need for cooperation on practical grounds in many fields, for example to overcome dangers to the environment and health and those arising from crime, and to promote trade, transport and energy cooperation.
Amendment 2 Recital 13 a (new)
	(13a) The underlying logic of this single policy-driven instrument should be considered in the context of the foreign-policy approach provided for in the Treaty establishing a Constitution for Europe, in particular as regards the sectors linked to the security of energy supply, promotion of networks and interconnections of telecommunications and international transport.
Amendment 3 Article 2, paragraph 2, point (a) a (new)
	(aa) promoting the establishment of new installations and networks in the field of energy, thus ensuring the security of supply of energy sources;
Amendment 4 Article 2, paragraph 2, point (d a) (new)
	(da) pursuing regional and local development efforts in order to reduce regional imbalances and improve the potential of development capacity;
Justification
This is a missing objective considered to be important for enhancing the potential of the recipient country to overcome regional disparities and tackle the underlying causes of regional imbalances.
Amendment 5 Article 2, paragraph 2, point (e)
(e) promoting environmental protection and good management of natural resources;	(e) promoting environmental protection and good management of natural and renewable resources;
Justification
This amendment seeks to remedy a missing link: the management of natural and renewable resources should be considered together for the promotion of environmental protection.
Amendment 6 Article 2, paragraph 2, point (k)
(k) promoting the development of a market economy, including measures to support the private sector, encourage investment and promote global trade;	(k) promoting the development of a market economy, including measures to support the business environment and the private sector, in particular, small and medium sized enterprises, encourage investment and promote global trade;
Justification
The pursuit of job creation and transposition of research into industrial applications by small and medium-sized enterprises (SMEs) make them the key players for attaining the objectives of this proposal.
Amendment 7 Article 2, paragraph 2, point (k) a (new)
	(ka) promoting mutual cooperation between SMEs, established in the EC and partner countries, especially in the area of innovation by transfer of know-how and advanced technologies;
Justification
SMEs are the basic cell of the market economy; they are more dynamic and flexible than bigger companies but often lack sufficient resources to conduct proper research. Therefore cooperation in this field between smaller companies can be profitable and drive the EU Member States as well as the partner countries forward.
Amendment 8 Article 2, paragraph 2, point (l)
(l) promoting cooperation in the energy, telecommunication and transport sectors including on interconnections, the networks and their operations, the security and safety of international transport and energy operations, renewable energy sources, energy efficiency and clean transport;	(l) promoting cooperation in the sectors of energy, telecommunication and transport, including on their interconnections, their networks and their operations, ensuring the security and safety of international transport and energy operations and promoting new and renewable energy sources, energy efficiency and clean transport;
Justification
A rearrangement by sector of this objective renders the text more comprehensible and allows no misunderstanding.
Amendment 9 Article 2, paragraph 2, point (q)
(q) promoting participation in Community research and innovation activities;	(q) promoting participation in Community and jointly undertaken research and innovation activities leading to industrial and service applications;
Justification
There can be no worthy research without a useful application of it. And this is the essence of the focus underlying this amendment.
Amendment 10 Article 2, paragraph 2, point (t)
(t) supporting participation of partner countries in Community programmes and agencies;	(t) supporting the participation of partner countries in Community programmes and agencies having legal personality;
Justification
This is a clarifying amendment seeking to leave no room for interpretation by stipulating that only agencies having legal personality would be eligible for Community assistance.
Amendment 11 Article 3
The partnership and cooperation agreements, the association agreements and other existing or future agreements which establish a relationship with partner countries, and the relevant Commission communications and Council conclusions laying down guidelines for European Union policy towards these countries, shall provide an overall policy framework for the programming of assistance under this Regulation. Jointly agreed action plans or other equivalent documents shall provide a key point of reference for setting assistance priorities.	The partnership and cooperation agreements, the association agreements and other existing or future agreements which establish a relationship with partner countries, and the relevant Council conclusions and Commission communications, which are to be adopted after consulting the European Parliament, laying down guidelines for European Union policy towards these countries, shall provide an overall policy framework for the programming of assistance under this Regulation. Jointly agreed action plans or other equivalent documents shall provide a key point of reference for setting assistance priorities.
Justification
This amendment seeks to remedy the democratic deficit in this field and draws on the logic of the Treaty establishing a Constitution for Europe. Hence the EP should be consulted on all 'guidelines' proposed by the Council or Commission.
Amendment 12 Article 3, paragraph 1 a (new)
	(1a) Where no such agreements between the European Union and partner countries exist, in duly justified cases, assistance may be provided whenever, pursuant to a proposal from the Commission and a decision by the European Parliament and the Council, it is considered useful for the purpose of pursuing European Union policy objectives, and shall be programmed on the basis of such objectives.
Justification
This amendment addresses a possibility for which the proposal makes no provision, i.e. the absence of an agreement, and arrangements for the delivery of EC assistance in that event. But the involvement of the EP is again imperative.
Amendment 13 Article 4, paragraph 2
(2) Community assistance under this Regulation shall normally be established in partnership between the Commission and the beneficiaries. The partnership shall involve, as appropriate, national, regional and local authorities, economic and social partners, civil society and other relevant bodies.	(2) Community assistance under this Regulation shall normally be established in partnership between the Commission and the beneficiaries. The partnership shall involve, as appropriate, national, regional and local authorities, economic and social partners, civil society and other relevant bodies as referred to and under the conditions laid down in Article 14.
Justification
This is a necessary clarification and should be seen together with the amendments tabled to Article 14 on eligibility of EC funding.
Amendment 14 Article 4, paragraph 4
(4) Community assistance under this Regulation shall normally be cofinanced by the beneficiary countries through public funds, contributions from the beneficiaries or other sources.	(4) Community assistance under this Regulation shall be cofinanced by the beneficiary countries through public funds or contributions from the beneficiaries or from donors. In duly justified cases, cofinancing need not be required from the beneficiary countries.
Justification
The use of 'other sources' may cause misunderstanding and be misused. The words 'from donors' are intended to mean third country and other institutions wishing to contribute to co-financing.
Amendment 15 Article 5, paragraph 2
(2) The Commission and the Member States shall ensure coherence between Community assistance provided under this Regulation and financial assistance provided by the Community and the Member States through other internal and external financial instruments and by the European Investment Bank.	(2) The Commission and the Member States shall ensure coherence between Community assistance provided under this Regulation and financial assistance provided by the Community, Community financial bodies such as the European Investment Bank and the European Investment Fund and the Member States through other internal and external financial instruments.
Justification
This amendment seeks to clarify the Community bodies concerned and offer the EIF the possibility of proving its worth, given its mandate.
Amendment 16 Article 7, paragraph 1
(1) For country or multicountry and thematic programmes, strategy papers shall be adopted, in accordance with the procedure referred to in Article 26(2). Strategy papers shall reflect the policy framework and the action plans referred to in Article 3. Strategy papers shall be established for a period compatible with the priorities set in the policy framework and shall contain multiannual indicative programmes including indicative multiannual financial allocations. They shall be reviewed as and when necessary and may be revised in accordance with the procedure referred to in Article 26(2).	(1) For country or multicountry and thematic programmes, strategy papers shall be adopted, after consulting the European Parliament and prior to invoking the procedure referred to in Article 26(2). Strategy papers shall reflect the policy framework and the action plans referred to in Article 3. Strategy papers shall be established for a period compatible with the priorities set in the policy framework and shall contain multiannual indicative programmes including indicative multiannual financial allocations. They shall be reviewed as and when necessary and may be revised, after consulting the European Parliament and prior to invoking the procedure referred to in Article 26(2). Strategy papers established for a period of four years or longer shall be subject to mid-term revision.
Justification
This is another instance of the need to remedy the democratic deficit. The EP ought to be consulted on all programmes before the Management Committee, under the comitology procedure of Decision 1999/468/EC.
Amendment 17 Article 7, paragraph 3
(3) For the sole purpose of crossborder cooperation, in order to establish the list of joint programmes referred to in Article 9(1), the indicative multiannual allocations and the territorial units eligible to participate in each programme, one or, if necessary, more specific strategy papers shall be adopted in accordance with the procedure referred to in Article 26(2). Such specific strategy paper(s) shall, in principle, cover a seven-year period from 1 January 2007 to 31 December 2013.	(3) For the sole purpose of crossborder cooperation, in order to establish the list of joint programmes referred to in Article 9(1), the indicative multiannual allocations and the territorial units eligible to participate in each programme, one or, if necessary, more specific strategy papers shall be adopted in accordance with the procedure referred to in Article 26(2). Such specific strategy paper(s) shall, in principle, cover a seven-year period from 1 January 2007 to 31 December 2013. Strategy papers shall be revised when necessary, after a proposal from a Member State to the Commission, in accordance with the procedure referred to in Article 26 (2). Strategy papers shall be revised mid-term.
Justification
The Commission proposal does not mention procedures for revising strategy papers for cross-border cooperation. The necessity of taking into account possible changes in the political situation in partner countries means that flexible revision procedures for strategy papers should be provided for. Strategy papers for cross-border cooperation cover a seven-year period; therefore mid-term revision should be carried out.
Amendment 18 Article 7, paragraph 4 a (new)
	(4a) When preparing multicountry, thematic and cross-border cooperation programmes, the characteristics of the Member States and their regions such as natural resources endeavour, management and human resources capacity, population of the area etc., should also be taken into account.
Justification
In order to ensure that cooperation provides added value, it is important to consider not only the preconditions of the partner countries but also the endeavours of the Member States of the EU which will participate in these programmes.
Amendment 19 Article 9, paragraph 4
(4) Within one year of the approval of the strategy paper referred to in Article 7(3), the participating countries shall jointly submit proposals for joint programmes to the Commission. The Commission shall adopt each joint programme after assessing its consistency with this Regulation and the implementing rules.	(4) Within one year of the approval of the strategy paper referred to in Article 7(3), Member States and the partner countries and/or, as appropriate, their partners from national, regional or local authorities as well as economic and social partners, civil society or other relevant competent bodies, shall jointly submit proposals for joint programmes to the Commission. The Commission shall adopt each joint programme after assessing its consistency with this Regulation and the implementing rules.
Justification
It should be clearly defined who has a right to submit proposals for a joint programme. It is essential to provide for this right to be granted not only to national, regional or local authorities but to economic and social partners, civil society or other relevant competent bodies as well. Such a right granted to economic and social partners or other representatives of civil society will ensure that the broadest possible range of actors is involved in the preparation of joint programmes.
Amendment 20 Article 9, paragraph 8
(8) In exceptional circumstances, where a joint programme cannot be established owing to problems arising in relations between participating countries, the Commission may adopt a programme which is not a joint programme within the meaning of this Article but which allows the Member State border region or regions concerned to benefit from the assistance provided for in this Regulation.	(8) In cases where a joint programme cannot be established owing to problems arising between participating countries, the Commission, in cooperation with the Member State(s) concerned, may adopt a programme which is not a joint programme within the meaning of this Article but which allows the Member State border region or regions concerned to benefit from the assistance provided for in this Regulation.
Justification
Problems between participating countries can arise not only in their relations but also when trying to reach agreement on joint proposals for joint programmes (paragraph 4), joint actions (paragraph 7), etc.
Amendment 21 Article 10, paragraph 3
(3) ‘Joint managing authority’ shall mean any public or private authority or body, including the state itself, at national, regional or local level, designated jointly by the Member State or States and the partner country or countries covered by a joint programme, having the financial and administrative capacity to manage Community assistance and having the legal capacity to conclude the agreements necessary for the purpose of this Regulation.	(3) ‘Joint managing authority’ shall mean any public or private authority or body, including the state itself, at national, regional or local level, designated jointly by the Member State or States and the partner country or countries covered by a joint programme, having the financial and administrative capacity to manage Community assistance and having the legal capacity to conclude the agreements necessary for the purpose of this Regulation. In cases of cross-border cooperation, the joint managing authority shall be located in the border region of a Member State concerned.
Justification
The subsidiarity principle should be applied when designating a management authority for cross-border cooperation programmes. Greater flexibility and coherence with objectives and needs of the neighbouring regions could be achieved by delegating this responsibility to authorities in the regions directly concerned.
Amendment 22 Article 12, paragraph 2
(2) Action programmes shall specify the objectives pursued, the fields of intervention, the expected results, the management procedures and the total amount of financing planned. They shall contain a description of the operations to be financed, an indication of the amounts allocated for each operation and an indicative implementation timetable.	(2) Action programmes shall specify the objectives pursued, the fields of intervention, the expected results, the management procedures and the total amount of financing planned. They shall contain a description of the operations to be financed, an indication of the amounts allocated for each operation and an indicative implementation timetable. They shall include a definition of the type of performance indicators that must be monitored when implementing the measures financed under the programmes.
Justification
Some quantitative indicators should be used for monitoring action programmes.
Amendment 23 Article 12, paragraph 4
(4) The Commission shall send action programmes and joint crossborder cooperation programmes to the Member States for their information within one month of adopting its decision.	(4) The Commission shall present final version of action programmes and joint crossborder cooperation programmes to the Member States for their information within one month of its adoption.
Justification
Softer wording will prevent misunderstandings and show that the programmes were composed in cooperation with the parties concerned.
Amendment 24 Article 14, point (g), point (v)
v. natural persons;	deleted
Justification
'Natural persons' may be considered broadly to include anyone and thus may induce fraud and mismanagement of public funds.
Amendment 25 Article 14, point (h), point (x)
x. any non-governmental associations and independent foundations likely to contribute to development;	x. any non-governmental associations and independent foundations having legal personality that are deemed appropriate to contribute to development;
Justification
The wording of the proposal needs major modification in order to make it clear that 'associations' and 'foundations' should have legal personality in order to ensure the proper management of EC assistance.
Amendment 26 Article 14, point (i)
(i) any body or actor necessary to achieve the objectives of this Regulation.	deleted
Justification
This category should not be proposed, as it could lead to misuse and fraud.
Amendment 27 Article 15, paragraph 2, point (a)
(a) to finance targeted administrative cooperation measures involving public-sector experts dispatched from Member States according to specifically designed rules;	(a) to finance technical assistance and targeted administrative cooperation measures involving public-sector experts dispatched from the Member States involved in the programme;
Justification
'Technical assistance' has demonstrated its worth as regards third countries and therefore should be encouraged.
Amendment 28 Article 15, paragraph 2, point (a a) (new)
	(aa) to finance investments and investment- related activities;
Justification
The key to development is investment, but uncertain conditions render investment funding more problematic. EC assistance would contribute to a more stable climate for investment and possibly reduce risk.
Amendment 29 Article 15, paragraph 2, point (k)
(k) for other purposes, as appropriate.	(k) for other measures promoting the objectives referred to in Article 2.
Justification
This amendment seeks to clarify the circumstances under which supplementary measures may be proposed.
Amendment 30 Article 18, paragraph 3
(3) The Commission shall conclude framework agreements with partner countries which shall provide for all measures necessary to ensure the effective implementation of Community assistance and protection of the Community’s financial interests.	(3) The Commission shall, after informing the European Parliament and the Council of their likely content, conclude framework agreements with partner countries which shall provide for all measures necessary to ensure the effective implementation of Community assistance and protection of the Community’s financial interests.
Justification
There can be no legitimate management procedures without the EP being at least informed of the content of framework agreements.
Amendment 31 Article 24, paragraph 2
(2) The Commission shall send its evaluation reports to the Committee referred to in Article 26 for information.	(2) The Commission shall send monitoring and evaluation reports to the European Parliament for information.
Justification
This amendment seeks to provide the proper framework for parliamentary accountability. The Commission cannot be held accountable to an intergovernmental body (i.e. a Management Committee), thus disregarding EP's rights.
Amendment 32 Article 25
The Commission shall examine the progress made on implementing the measures taken under this Regulation and shall submit to the European Parliament and the Council an annual report on the implementation of the assistance. This report shall also be submitted to the European Economic and Social Committee and to the Committee of the Regions. It shall contain information relating to the previous year on the measures financed, the results of monitoring and evaluation exercises, and the implementation of budget commitments and payments broken down by country, region and cooperation sector.	The Commission shall examine the progress made on implementing the measures taken under this Regulation and shall submit to the European Parliament and the Council an annual report on the implementation of the assistance. This report shall also be submitted to the European Economic and Social Committee and to the Committee of the Regions. It shall contain information relating to the previous year on the measures financed, the results of monitoring and evaluation exercises, the contracts concluded, broken down by the nationality of the contractor or the syndicate leader, and the implementation of budget commitments and payments broken down by country, region, eligible body, as referred to in Article 14, and cooperation sector.
Justification
This is a necessary correction and a suitable method by which the Commission may be assessed. Hitherto, the recipients of EC funding have not been identified in such annual reports by the Commission. This practice should be now revised and remedied.

PROCEDURE

Title	Proposal for a regulation of the European Parliament and of the Council laying down general provisions establishing a European Neighbourhood and Partnership Instrument
References	COM(2004)0628 – C6-0129/2004 – 2004/0219(COD)
Committee responsible	AFET
Committee asked for its opinion   Date announced in plenary	ITRE 14.12.2004
Enhanced cooperation	No
Drafts(wo)man   Date appointed	Andres Tarand 27.1.2005
Discussed in committee	25.4.2005	21.6.2005
Date amendments adopted	21.6.2005
Result of final vote	for: against: abstentions:		45   1
Members present for the final vote	Ivo Belet, Šarūnas Birutis, Jan Březina, Philippe Busquin, Jerzy Buzek, Joan Calabuig Rull, Pilar del Castillo Vera, Jorgo Chatzimarkakis, Giles Chichester, Den Dover, Lena Ek, Adam Gierek, Umberto Guidoni, András Gyürk, Fiona Hall, Rebecca Harms, Edit Herczog, Ján Hudacký, Romana Jordan Cizelj, Werner Langen, Pia Elda Locatelli, Nils Lundgren, Eluned Morgan, Angelika Niebler, Reino Paasilinna, Umberto Pirilli, Miloslav Ransdorf, Vladimír Remek, Herbert Reul, Paul Rübig, Andres Tarand, Britta Thomsen, Patrizia Toia, Claude Turmes, Nikolaos Vakalis, Alejo Vidal-Quadras Roca
Substitutes present for the final vote	María del Pilar Ayuso González, Zdzisław Kazimierz Chmielewski, Neena Gill, Norbert Glante, Satu Hassi, Peter Liese, Erika Mann, Lambert van Nistelrooij, Francisca Pleguezuelos Aguilar, Vittorio Prodi
Substitutes under Rule 178(2) present for the final vote

• [1]  OJ C ... /Not yet published in OJ.

OPINION of the Committee on Culture and Education (21.4.2005)

for the Committee on Foreign Affairs

on the proposal for a regulation of the European Parliament and of the Council laying down general provisions establishing a European Neighbourhood and Partnership Instrument
(COM(2004)0628 – C6‑0129/2004 – 2004/0219(COD))

Draftsman: Ignasi Guardans Cambó

SHORT JUSTIFICATION

European Neighbourhood and Partnership Instrument (ENPI)

A. BRIEF SUMMARY OF THE PROPOSAL

ENPI is a new instrument intended to enable the Community to develop an area of prosperity, stability, security and close cooperation between the EU and neighbouring countries other than candidates for accession. It covers Algeria, Armenia, Azerbaijan, Belarus, Egypt, Georgia, Israel, Jordan, Lebanon, Libya, Moldova, Morocco, the Palestinian Authority of the West Bank and Gaza Strip, the Russian Federation, Syria, Tunisia, and Ukraine. For programmes of a global, regional or cross-border nature, eligibility may extend to other countries.

The ENPI defines a system of relations that will guarantee a 'good neighbour' policy, encouraging all the participating countries to strengthen relations on a balanced and mutually advantageous basis, and to join a virtuous circle of cooperation and integration.

As to the financial aspect, ENPI replaces MEDA and most of TACIS and includes the element of "cross-border cooperation".

Commission financial programming of ENPI shows a significant increase in appropriations for the period 2007-2013 (94% compared to 2006). Since the programming details are not given in the proposal but are to be defined in future strategy documents, the proposal provides no visibility for levels of funding per country, region, thematic objective or type of programme.

B. DRAFTSMAN`S COMMENTS

Neighbourhood affects different aspects of life and involves almost all dimensions of policy making. But above all, it is mutual understanding that will determine the basis for a strong cooperation based on respect and recognition.

Therefore, the cultural and educational dimensions are an essential element of the European Neighbourhood Policy to be taken into account.

A crucial aspect in this regard is the prospect of gradual opening up of the new generation of Community programmes (2007-2013), promoting cultural and educational links and cooperation.

The possibility must be explored of the opening up of the Culture 2007 programme and the Life Long Learning integrated action programme for the neighbourhood countries enabling teachers, students and people working in the cultural sector to cooperate more closely and benefit from mobility exchanges.

Developing the socio-economic dimension of cooperation, it appears obvious that neighbourhood policy and its respective funding have to achieve the goal of involving civil society to the maximum possible extent.

Young people deserve a special consideration in this regard. The participation of the younger generation in democratic life and the active involvement of young people in civil society must be encouraged. One possibility is the participation of young people from neighbouring countries in the Youth in Action programme (2007-2013).

Institutionalising cultural dialogue between the EU and neighbourhood countries is a means of enhancing the promotion of fundamental values as well as contributing to the development of closer cooperation strengthening stability and security.

In addition, respect for women's rights in general and gender equality must be guaranteed with respect to all support measures pursuing the objectives of the proposal. The problematic areas for women should be identified and appropriate measures to overcome possible obstacles must be devised.

Finally, it is important to make sure that the coherence of EU policies is preserved. That would not be the case if, for example, persons seeking mobility under the auspices of the new generation of programmes (such as the integrated Life Long Learning action programme or the Youth in Action programme) faced difficulties because of restrictions imposed by the EU. In any case, the protection of external borders should not be an obstacle to cultural and mobility exchanges.

AMENDMENTS

The Committee on Culture and Education calls on the Committee on Foreign Affairs, as the committee responsible, to incorporate the following amendments in its report:

Text proposed by the Commission[1]	Amendments by Parliament
Amendment 1 Article 2, paragraph 2, point (h)
h) supporting policies to promote health, education and training;	h) supporting policies to promote health, culture, education and training;
Justification
Effective cooperation in the field of culture must be included as one of the objectives. A gradual opening of the Culture 2007 programme can be one of the first steps in this regard.
Amendment 2 Article 2, paragraph 2. point (i)
i) promoting and protecting human rights and fundamental freedoms and supporting the democratisation process, including through electoral observation and assistance;	i) promoting and protecting human rights and fundamental freedoms including media pluralism, the rights of women and children as well as respect for minorities, and supporting the democratisation process, including through electoral observation and assistance;
Justification
The EU’s involvement in developing links with neighbouring countries through the European Neighbourhood Policy takes into account the extent to which human values and fundamental freedoms are effectively shared. The measures supported by the new instrument must strengthen commitment to these values including media pluralism, rights of women and children, and respect for minorities.
Amendment 3 Article 2, paragraph 2, point (j)
j) fostering the development of civil society;	j) fostering the development of civil society, and in particular the participation of young people in this process;
Justification
The objectives must include an ambition to make young generation more interested in democratic life and encourage them to participate actively in civil society.
Amendment 4 Article 2, paragraph 2, point (r)
r) promoting cooperation between the Member States and partner countries in higher education and mobility of teachers, researchers and students;	r) promoting cooperation between the Member States and partner countries in higher education, language learning, and mobility of teachers, researchers, students and people working in the cultural sector;
Justification
In the context of a ´good neighbour´ policy, measures encouraging mutual understanding through learning of foreign languages should be developed and supported.
The possibility of gradual opening of the Culture 2007 programme promoting cultural links, should be explored to enable people working in the cultural sector to cooperate more closely and benefit from mobility exchanges.
Amendment 5 Article 2, paragraph 2, point (s)
s) promoting understanding between cultures, people-to-people contacts, cooperation between civil societies and exchanges of young people;	s) promoting understanding between cultures, cultural dialogue, people-to-people contacts, such as sporting encounters, cooperation between civil societies, and encouraging young people's involvement in society and youth initiatives, especially youth exchanges and participation in European Voluntary Service;
Justification
Institutionalising cultural dialogue between the EU and neighbourhood countries enhances the promotion of fundamental values and contributes to better conflict prevention.
One of the key objectives of the New Neighbourhood Policy is promoting local cross-border "people-to-people" type actions. In this regard, sports encounters bringing people from neighbouring regions together should be recognized as a type of a people-to-people project.
Young people must be given an opportunity and support to involve themselves more in activities such as youth initiatives, youth exchanges and voluntary work. The possibility of participation of young people from neighbouring countries in the Youth in Action programme (2007-2013) must be encouraged.

PROCEDURE

Title	Proposal for a European Parliament and Council regulation on Neighbourhood and Partnership
References	COM(2004)0628 – C6-0129/2004 – 2004/0219(COD)
Committee responsible	AFET
Committee asked for its opinion   Date announced in plenary	CULT 14.12.2004
Enhanced cooperation	No
Draftsman   Date appointed	Ignasi Guardans Cambó 25.11.2004
Discussed in committee	14.3.2005	21.4.2005
Date amendments adopted	21.4.2005
Result of final vote	for: against: abstentions:		32 0 0
Members present for the final vote	María Badía i Cutchet, Christopher Beazley, Giovanni Berlinguer, Guy Bono, Marie-Hélène Descamps, Jolanta Dičkutė, Věra Flasarová, Milan Gaľa, Claire Gibault, Vasco Graça Moura, Lissy Gröner, Luis Francisco Herrero-Tejedor, Ruth Hieronymi, Manolis Mavrommatis, Marianne Mikko, Zdzisław Zbigniew Podkański, Miguel Portas, Christa Prets, Karin Resetarits, Nikolaos Sifunakis, Helga Trüpel, Henri Weber, Thomas Wise, Tomáš Zatloukal
Substitutes present for the final vote	Ivo Belet, Michael Cramer, Ignasi Guardans Cambó, András Gyürk, Małgorzata Handzlik, Gyula Hegyi, Nina Škottová, Witold Tomczak
Substitutes under Rule 178(2) present for the final vote

• [1]  Not yet published in OJ.

OPINION of the Committee on Civil Liberties, Justice and Home Affairs (5.7.2005)

for the Committee on Foreign Affairs

on the proposal for a regulation of the European Parliament and of the Council laying down general provisions establishing a European Neighbourhood and Partnership Instrument
(COM(2004)0628 – C6‑0129/2004 – 2004/0219(COD))

Draftswoman: Barbara Kudrycka

SHORT JUSTIFICATION

I. The European Neighbourhood Policy

The European Neighbourhood Policy (ENP) is a general framework wherein the Union seeks to develop a closer partnership with neighbouring countries, distinct from any membership issues, and tries to extend some of the benefits of enlargement by offering its neighbours the opportunity to be more involved in various EU activities (e.g.: political, security, economic and cultural cooperation).

II. The present proposal

Taking into account the high priority that European Union accords to the development of an area of prosperity and close cooperation with its neighbours and the new financial perspective 2007-2013, the present proposal establishes a European Neighbourhood and Partnership Instrument (ENPI) which replaces the current assistance programmes (TACIS, MEDA and other instruments such as the European Initiative for Democracy and Human Rights) and also improves the Union's capacity to support cross-border cooperation at the EU's external borders. The ENPI which is conceived as a policy-driven instrument, provides for an increased and more targeted financial assistance.

III. Position of the rapporteur

1. The proposal as regards an "freedom, security and justice"

Justice and Home Affairs Issues fall within the proposed scope of assistance, together with many other policy areas. As foreseen in its Article 2 the objectives to be pursued include: (i) promoting and protecting human rights and fundamental freedoms; (n) ensuring efficient and secure border management; (o) promoting cooperation in the field of justice and home affairs, including on issues such as asylum and migration and the fight against and prevention of terrorism and organised crime, including its financing, money laundering and tax fraud;

The draftswoman is of the opinion that certain issues are not covered. These are in particular judiciary and public administration, the fight against corruption and fighting trafficking in human beings. The emphasis on protection of human rights and development of civil society while defining the criteria for assistance and the implementation of programmes has also been included in the proposed amendments.

2. The discretionary nature of the Commission's proposal

When reading the text one realises that the wording chosen by the Commission in its proposal is very vague. In many instances expressions like "normally", "inter alia" or "may" are used. Furthermore, the list of objectives and eligible organisations are not "closed" lists but both end with the possibility of "any other" objective or actor.

The draftswoman is of the opinion that such expressions should not be used in legal acts since there is a great risk that the will of the legislator is circumvented in the implementation phase. Of course, there is a need for flexibility. Flexibility can, however, be achieved in various ways. Instead of open wording, specific flexibility clauses could be foreseen. The draftswoman proposes therefore a series of amendments to reinforce the binding nature of the provisions.

In addition there is no transparency as to how much money will be spend on what country and on what objective. There is a discussion whether such transparency could be ensured at least in the annual budget. This is, however, a doubtful solution since the Commission has according to the financial regulation[1] the power to transfer appropriations between chapters.

3. The role of the European Parliament

In the Commission's proposal the role of the European Parliament is limited to receiving the annual report on the implementation of assistance (Article 25) and the review report (Article 30). The implementing procedure relies exclusively on instruments to be developed by the Council, the Commission and a comitology committee.

Such limited powers are unacceptable for Parliament also given the high amount of money foreseen for this instrument (almost 15 billion € for the period 2007 - 2017).

The political wishes as expressed by Parliament should be integrated in the concrete assistance granted in the framework of the Neighbourhood Policy.

AMENDMENTS

The Committee on Civil Liberties, Justice and Home Affairs calls on the Committee on Foreign Affairs, as the committee responsible, to incorporate the following amendments in its report:

Text proposed by the Commission[2]	Amendments by Parliament
Amendement 1 Recital 4
(4) The privileged relationship between the European Union and its neighbours will build on commitments to common values, including democracy, the rule of law, good governance, and respect for human rights, and to the principles of market economy, free trade, sustainable development and poverty reduction;	(4) The privileged relationship between the European Union and its neighbours will build on commitments to common values, including democracy, the rule of law, good governance, respect for human rights, including national and ethnic minority rights, and the fight against any form of discrimination, and to the principles of market economy, free trade, sustainable development and poverty reduction;
Justification
The fight against any form of discrimination and respect for national and ethnic minority rights are also common values which the EU and its neighbours should commit themselves to.
Amendement 2 Recital 4 a (new)
	(4a) Strengthened cooperation between the European Union and its neighbouring countries on asylum and migration issues should not result in limitations on the right to seek asylum, as confirmed in the Presidency Conclusions of the Tampere European Council of October 1999.
Amendement 3 Recital 4 b (new)
	(4b) The drawing up, application, implementation and interpretation of agreements and measures under this Instrument should be in accordance with the general principles of international law and the acquis communautaire.
Amendement 4 Article 2, paragraphe 2, point (g a) (new)
	(ga) supporting policies aimed at strengthening the fight against any form of discrimination;
Justification
As non-discrimination is a fundamental European value, it should be specified that the ENPI will support activities which contribute to the fight against any form of discrimination.
Amendment 5 Article 2, paragraph 2, point (i)
(i) promoting and protecting human rights and fundamental freedoms and supporting the democratisation process, including through electoral observation and assistance;	(i) promoting and protecting human rights, fundamental freedoms and the rule of law and supporting the democratisation process, including through electoral observation and assistance;
Amendement 6 Article 2, paragraphe 2, point (o)
(o) promoting cooperation in the field of justice and home affairs, including on issues such as asylum and migration and the fight against and prevention of terrorism and organised crime, including its financing, money laundering and tax fraud;	(o) promoting cooperation in the field of justice and home affairs, including on issues such as asylum and migration, the fight against organised crime, including the fight against trafficking in human beings, and the fight against and prevention of terrorism, including its financing, money laundering and tax fraud;
Amendement 7 Article 2, paragraphe 2, point (o a) (new)
	(oa) supporting the fight against corruption and fraud and promoting good governance, including strengthening the effectiveness of public administration and the impartiality of the judiciary;
Justification
These important issues deserve to be listed on their own in a separate point.
Amendement 8 Article 3
The partnership and cooperation agreements, the association agreements and other existing or future agreements which establish a relationship with partner countries, and the relevant Commission communications and Council conclusions laying down guidelines for European Union policy towards these countries, shall provide an overall policy framework for the programming of assistance under this Regulation. Jointly agreed action plans or other equivalent documents shall provide a key point of reference for setting assistance priorities	The partnership and cooperation agreements, the association agreements and other existing or future agreements which establish a relationship with partner countries, and the relevant European Parliament resolutions, Commission communications and Council conclusions laying down guidelines for European Union policy towards these countries, shall provide an overall policy framework for the programming of assistance under this Regulation. Jointly agreed action plans or road maps shall provide a key point of reference for setting assistance priorities.
Amendment 9 Article 4, paragraph 2
2. Community assistance under this Regulation shall normally be established in partnership between the Commission and the beneficiaries. The partnership shall involve, as appropriate, national, regional and local authorities, economic and social partners, civil society and other relevant bodies.	2. Community assistance under this Regulation shall be established in partnership between the Commission and the beneficiaries. The partnership shall involve, as appropriate, national, regional and local authorities, economic and social partners, civil society and other relevant bodies.
Justification
The amendment proposed stresses the need for clear and transparent wording in the regulation and prevents Commission from gaining too much discretionary power.
Amendment 10 Article 4, paragraph 4 a (new)
	4a. By way of derogation from paragraph 4, Community assistance may be provided in justified cases without cofinancing by the beneficiary countries in the case of projects concerning the promotion and protection of human rights and/or the fostering of the development of civil society.
Justification
The requirement of cofinancing for projects should not be an obstacle in such fundamental issues like human rights protection and development of civil society.
Amendment 11 Article 5, paragraph 1
1. Programmes and projects financed under this Regulation shall be consistent with Community policies. They shall comply with the agreements concluded by the Community and its Member States with the partner countries and respect commitments under multilateral agreements to which they are parties.	1. Programmes and projects financed under this Regulation shall be consistent with Community policies. They shall comply with the agreements concluded by the Community and its Member States with the partner countries and respect commitments under multilateral agreements to which they are parties, in particular as regards respect for human rights and democracy and good governance.
Amendement 12 Article 5, paragraph 4 a (new)
	4a. All agreements concluded and all measures financed under this Instrument shall be implemented by each contracting party in accordance with the general principles of international law as recognised by the European Union and in conformity with the acquis communautaire.
Amendment 13 Article 7, paragraph 1
1. For country or multicountry and thematic programmes, strategy papers shall be adopted, in accordance with the procedure referred to in Article 26(2). Strategy papers shall reflect the policy framework and the action plans referred to in Article 3. Strategy papers shall be established for a period compatible with the priorities set in the policy framework and shall contain multiannual indicative programmes including indicative multiannual financial allocations. They shall be reviewed as and when necessary and may be revised in accordance with the procedure referred to in Article 26(2).	1. For country or multicountry and thematic programmes, strategy papers shall be adopted, in accordance with the procedure referred to in Article 26. Strategy papers shall reflect the policy framework and the action plans referred to in Article 3. Strategy papers shall be established for a period compatible with the priorities set in the policy framework and shall contain multiannual indicative programmes including indicative multiannual financial allocations. They shall be reviewed as and when necessary and may be revised in accordance with the procedure referred to in Article 26.
Justification
This change is necessary because of the amendments adopted on Article 26.
Amendment 14 Article 7, paragraph 2
2. In establishing country or multicountry programmes the Commission shall determine the allocations for each programme taking into account the specific characteristics and the needs of the country or the region concerned, the level of ambition of the Union’s partnership with a given country, the management capacity and the potential for absorption of funds.	2. In establishing country or multicountry programmes the Commission shall determine the allocations for each programme taking into account the priorities as expressed by the European Parliament, the specific characteristics and the needs of the country or the region concerned, the level of ambition of the Union’s partnership with a given country, the management capacity and the potential for absorption of funds.
Justification
The amendment aims at providing the European Parliament with greater involvement in crucial stages of the implementation process of this regulation.
Amendement 15 Article 7, paragraph 3
3. For the sole purpose of crossborder cooperation, in order to establish the list of joint programmes referred to in Article 9(1), the indicative multiannual allocations and the territorial units eligible to participate in each programme, one or, if necessary, more specific strategy papers shall be adopted in accordance with the procedure referred to in Article 26(2). Such specific strategy paper(s) shall, in principle, cover a seven-year period from 1 January 2007 to 31 December 2013	3. For the sole purpose of crossborder cooperation, in order to establish the list of joint programmes referred to in Article 9(1), the indicative multiannual allocations and the territorial units eligible to participate in each programme, one or, if necessary, more specific strategy papers shall be adopted in accordance with the procedure referred to in Article 26. Such specific strategy paper(s) shall cover a four-year period from 1 January 2007 to 31 December 2010
Justification
This change is necessary because of the amendments adopted on Article 26.
Amendment 16 Article 11, paragraph 1
1 Implementing rules laying down specific provisions for the implementation of this Title shall be adopted in accordance with the procedure referred to in Article 26(2).	1. Implementing rules laying down specific provisions for the implementation of this Title shall be adopted in accordance with the procedure referred to in Article 26.
Justification
This change is necessary because of the amendments adopted on Article 26.
Amendment 17 Article 11, paragraph 2
2. Matters covered by the implementing rules shall include criteria and procedures for allocations of funds, rate of co-financing, preparation of joint programmes, joint project selection, technical and financial management of the assistance, financial control and audit, monitoring and evaluation, visibility and publicity.	2. Matters covered by the implementing rules shall include criteria and procedures for allocations of funds, rate of co-financing, preparation of joint programmes, joint project selection, technical and financial management of the assistance, financial control and audit, monitoring and evaluation, visibility and information activities for potential beneficiaries.
Justification
The emphasis has to be put on providing potential beneficiaries with proper and adequate information about assistance programmes available. The quality of the projects submitted is then usually better.
Amendment 18 Article 12, paragraph 4
4. The Commission shall send action programmes and joint crossborder cooperation programmes to the Member States for their information within one month of adopting its decision.	4. The Commission shall send action programmes and joint crossborder cooperation programmes to the European Parliament and the Member States for their information within one month of adopting its decision.
Justification
The amendment aims at providing the European Parliament with greater involvement in crucial stages of the implementation process of this regulation.
Amendment 19 Article 13, paragraph 2, subparagraph 2
Where the cost of such measures exceeds EUR 15 million, the Commission shall adopt them under the consultation procedure referred to in Article 26(3). The procedure referred to in Article 26(3) need not be used for amendments to special measures such as those making technical adjustments, extending the implementation period, reallocating appropriations within the forecast budget, or increasing the size of the budget by less than 20% of the initial budget, provided these amendments do not affect the initial objectives set out in the Commission decision.	Where the cost of such measures exceeds EUR 15 million, the Commission shall adopt them under the consultation procedure referred to in Article 26. The procedure referred to in Article 26 need not be used for amendments to special measures such as those making technical adjustments, extending the implementation period, reallocating appropriations within the forecast budget, or increasing the size of the budget by less than 20% of the initial budget, provided these amendments do not affect the initial objectives set out in the Commission decision.
Justification
This change is necessary because of the amendments adopted on Article 26.
Amendment 20 Article 13, paragraph 4
4. The Commission shall send the special measures to the Member States for their information within one month of adopting its decision.	4. The Commission shall send the special measures to the European Parliament and the Member States for their information within one month of adopting its decision.
Justification
The amendment aims at providing the European Parliament with greater involvement in crucial stages of the implementation process of this regulation.
Amendement 21 Article 14, point (h), point (ii a) (new)
	(iia) organisations representing national and/or ethnic minorities;
Justification
If the Instrument will be used to combat discrimination in any form, then it should also be used to support organisations representing national and/or ethnic minorities.
Amendement 22 Article 14, point (h), point (iv a) (new)
	(iva) organisations fighting corruption and fraud and promoting good governance in government and society;
Justification
If fighting corruption and promoting good governance is one of the activities to be supported by the Instrument, then the organisations working on these issues should also be listed as eligible for support.
Amendement 23 Article 14, point (h), point (iv b) (new)
	(ivb) civil rights organisations and organisations fighting discrimination;
Justification
As anti-discrimination is listed as a common value, the organisations that work to fight discrimination should be eligible for support.
Amendement 24 Article 20, paragraph 2
2. Agreements shall expressly entitle the Commission and the Court of Auditors to perform a document audit or an on-the-spot audit of any contractor or subcontractor who has received Community funds. They shall also expressly authorise the Commission to carry out on-the-spot checks and inspections, as provided for in Regulations (EC, Euratom) No 2185/96.	2. Agreements shall expressly entitle the Commission and the Court of Auditors to perform a document audit or an on-the-spot audit of any contractor or subcontractor who has received Community funds, including for the purpose of determining whether the implementation of agreements is in accordance with the general principles of international law as recognised by the European Union and consistent with the acquis communautaire. They shall also expressly authorise the Commission to carry out on-the-spot checks and inspections, as provided for in Regulations (EC, Euratom) No 2185/96.
Justification
As no mechanism for determining whether the dispensation of EU funds is in accordance withinternational law, it makes sense that this should be included as one of the tasks.
Amendement 25 Article 26, paragraph 1
1. The Commision shall be assisted by a committee	1. The Commission shall be assisted by a committee, hereinafter ‘the Committee’. It shall be composed of the representatives of the Member States and chaired by the representative of the Commission.
Amendement 26 Article 26, paragraph 2
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply. The period provided for in Article 4(3) of that Decision shall be 30 days	2. The Committee shall adopt its rules of procedure.
Amendement 27 Article 26, paragraph 3
3. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply	3. Where this Regulation imposes procedural requirements for the adoption of implementing measures, the representative of the Commission shall submit a draft of those measures to the Committee and to the European Parliament. The Committee shall deliver its opinion on the draft within a time-limit, which shall not be less than one month, laid down by the chairman according to the urgency of the matter. The opinion must be adopted by the majority laid down in Article 205(2) of the Treaty. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The chairman shall not vote.
Amendement 28 Article 26, paragraph 3 a (new)
	3a. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee and if no objection has been raised in the meantime by the competent committee of the European Parliament.
Amendement 29 Article 26, paragraph 3 b (new)
	3b. Where the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, or an objection has been raised by the competent committee of the European Parliament, the Commission shall, without delay, submit to the Council and to the European Parliament a proposal relating to the measures to be taken.
Amendement 30 Article 26, paragraph 3 c (new)
	3c. If, within a period which may not exceed three months from the referral, the proposal has not been rejected either by the European Parliament, by an absolute majority of its members, or by the Council, acting by qualified majority, it shall be adopted by the Commission. Otherwise the Commission shall submit an amended proposal or present a legislative proposal on the basis of the Treaty.
Amendement 31 Article 26, paragraph 3 d (new)
	3d. Without prejudice to any implementing measures already adopted, application of the provisions of this Regulation which provide for the adoption of technical rules and decisions shall cease four years after the entry into force of this Regulation. Acting on a proposal from the Commission, the European Parliament and the Council may extend the period of validity of the relevant provisions, in accordance with the procedure laid down in Article 251 of the Treaty, and, with that aim in view, shall review those provisions prior to expiry of the four-year period.
Amendement 32 Article 26, paragraph 4
4. The committee shall adopt its rules of procedure	deleted
Amendement 33 Article 27 a (new)
	Article 27a
	Eligibility of Participants
	No contractual engagements enabling privileged participation in Instrument-financed programmes or measures shall be concluded with any authority, public institution or private actor directly participating in, actively facilitating or actively deriving benefit from the violation of international law.
Amendement 34 Article 28
Without prejudice to the provisions on the suspension of aid in partnership and cooperation agreements and association agreements with partner countries and regions, where a partner country fails to observe the principles referred to in Title I, the Council, acting by a qualified majority on a proposal from the Commission, may take appropriate steps in respect of any assistance granted to the partner country under this Regulation	Without prejudice to the provisions on the suspension of aid in partnership and cooperation agreements and association agreements with partner countries and regions, where a partner country fails to observe the principles referred to in Title I, the Council, acting by a qualified majority, after obtaining the opinion of the European Parliament, on a proposal from the Commission, may take appropriate steps in respect of any assistance granted to the partner country under this Regulation
Amendment 35 Article 30
Article 30 Review	deleted
The Commission shall submit to the European Parliament and the Council by 31 December 2011 any proposals concerning the future of this Regulation and any amendments that may be necessary.
Justification
Although the proposed regulation is foreseen to correspond with the time framework of the new financial perspective 2007-2013 it has no expiry date. There is only this provision for a review. Instead of a possible review there should, however, be a clearly defined duration for the programme.
Amendment 36 Article 32
	The programme established by this Regulation shall operate from 1 January 2007 to 31 December 2013.
	The Commission shall submit a review to the European Parliament and the Council by 31 December 2011 in order to determine whether the Instrument will continue after 2013.
This Regulation shall enter into force twenty days after its publication in the Official Journal of the European Union.	This Regulation shall enter into force twenty days after its publication in the Official Journal of the European Union.
It shall apply from 1 January 2007.
Justification
See justification for amendment on Article 30.

PROCEDURE

Title	Proposal for a regulation of the European Parliament and of the Council laying down general provisions establishing a European Neighbourhood and Partnership Instrument
References	COM(2004)0628 – C6-0129/2004 – 2004/0219(COD)
Committee responsible	AFET
Committee asked for its opinion   Date announced in plenary	LIBE 14.12.2004
Enhanced cooperation	No
Draftsman   Date appointed	Barbara Kudrycka 25.11.2004
Discussed in committee	19.1.2005	26.5.2005		21.6.2005
Date amendments adopted	21.6.2005
Result of final vote	for: against: abstentions:		44 0 3
Members present for the final vote	Alexander Nuno Alvaro, Edit Bauer, Johannes Blokland, Mihael Brejc, Kathalijne Maria Buitenweg, Michael Cashman, Jean-Marie Cavada, Charlotte Cederschiöld, Carlos Coelho, Fausto Correia, Agustín Díaz de Mera García Consuegra, Rosa Díez González, Antoine Duquesne, Kinga Gál, Lívia Járóka, Ewa Klamt, Magda Kósáné Kovács, Wolfgang Kreissl-Dörfler, Barbara Kudrycka, Stavros Lambrinidis, Henrik Lax, Sarah Ludford, Edith Mastenbroek, Jaime Mayor Oreja, Claude Moraes, Hartmut Nassauer, Bogdan Pęk, Martine Roure, Michele Santoro, Inger Segelström, Manfred Weber, Stefano Zappalà, Tatjana Ždanoka
Substitutes present for the final vote	Richard Corbett, Panayiotis Demetriou, Jeanine Hennis-Plasschaert, Sylvia-Yvonne Kaufmann, Bill Newton Dunn, Jean Lambert, Marie-Line Reynaud, Agnes Schierhuber, Kyriacos Triantaphyllides
Substitutes under Rule 178(2) present for the final vote	Richard James Ashworth, Helmuth Markov, Manolis Mavrommatis, Frédérique Ries, John Whittaker

• [1]  Regulation 1602/2002, in particular Articles 22 and 23
• [2]  OJ C ... /Not yet published in OJ.

PROCEDURE

Title		Proposal for a regulation of the European Parliament and of the Council laying down general provisions establishing a European Neighbourhood and Partnership Instrument
References		COM(2004)0628 – C6-0129/2004 – 2004/0219(COD)
Date submitted to Parliament
Committee responsible   Date announced in plenary		AFET 14.12.2004
Committee(s) asked for opinion(s)   Date announced in plenary		REGI 14.12.2004		LIBE 14.12.2004		CULT 14.12.2004	ITRE 14.12.2004		ENVI 14.12.2004
		EMPL 14.12.2004		BUDG 14.12.2004		INTA 14.12.2004	DEVE 14.12.2004		ECON 14.12.2004
Not delivering opinion(s)   Date of decision		ECON 25.10.2004
Enhanced cooperation   Date announced in plenary		REGI 13.1.2005
Rapporteurs   Date appointed		Konrad Szymański 2.12.2004
Discussed in committee		12.7.2005	12.9.2005		23.11.2005			25.1.2006		19.4.2006
		25.4.2006
Date adopted		25.4.2006
Result of final vote	+ – 0	46 2 1
Members present for the final vote		Angelika Beer, Panagiotis Beglitis, André Brie, Elmar Brok, Simon Coveney, Véronique De Keyser, Giorgos Dimitrakopoulos, Camiel Eurlings, Maciej Marian Giertych, Ana Maria Gomes, Alfred Gomolka, Richard Howitt, Toomas Hendrik Ilves, Ioannis Kasoulides, Joost Lagendijk, Vytautas Landsbergis, Cecilia Malmström, Francisco José Millán Mon, Pasqualina Napoletano, Annemie Neyts-Uyttebroeck, Baroness Nicholson of Winterbourne, Justas Vincas Paleckis, Alojz Peterle, Tobias Pflüger, João de Deus Pinheiro, Mirosław Mariusz Piotrowski, Hubert Pirker, Paweł Bartłomiej Piskorski, Michel Rocard, Raül Romeva i Rueda, Libor Rouček, György Schöpflin, Gitte Seeberg, István Szent-Iványi, Konrad Szymański, Charles Tannock, Inese Vaidere, Ari Vatanen, Karl von Wogau, Luis Yañez-Barnuevo García
Substitute(s) present for the final vote		Laima Liucija Andrikienė, Árpád Duka-Zólyomi, Glyn Ford, Milan Horáček, Tunne Kelam, Jaromír Kohlíček, Janusz Onyszkiewicz, Rihards Pīks, Aloyzas Sakalas
Substitute(s) under Rule 178(2) present for the final vote
Date tabled		4.5.2006
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