European Parliament legislative resolution of 21 October 2010 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1934/2006 establishing a financing instrument for cooperation with industrialised and other high-income countries and territories (COM(2009)0197 – C7-0101/2009 – 2009/0059(COD))
(Ordinary legislative procedure: first reading)
The European Parliament
– having regard to the Commission proposal to the Council (COM(2009)0197),
– having regard to Article 181a of the EC Treaty, pursuant to which the Council consulted Parliament (C7-0101/2009),
– having regard to the Commission Communication to Parliament and the Council entitled ‘Consequences of the entry into force of the Treaty of Lisbon for ongoing interinstitutional decision-making procedures’ (COM(2009)0665),
– having regard to Article 294(3) and Articles 207(2) and 209(1) of the Treaty on the Functioning of the European Union,
– having regard to Rule 55 of its Rules of Procedure,
– having regard to the report of the Committee on International Trade and the opinions of the Committee on Foreign Affairs, the Committee on Development and the Committee on Budgets (A7-0052/2010),
1. Adopts its position at first reading hereinafter set out;
2. Considers the proposal to be compatible with the multiannual financial framework for 2007-2013; recalls nonetheless that the annual appropriations for the period 2010-2013 will be decided by the budgetary authority as part of the annual budget procedure;
3. Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;
4. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Position of the European Parliament adopted at first reading on 21 October 2010 with a view to the adoption of Regulation (EU) No .../2010 of the European Parliament and of the Council amending Council Regulation (EC) No 1934/2006 establishing a financing instrument for cooperation with industrialised and other high-income countries and territories
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 207(2) and 209(1) thereof,
Having regard to the proposal from the European Commission,
Acting in accordance with the ordinary legislative procedure(1)
(1) Since 2007 the Community has streamlined its geographical cooperation with developing countries in Asia, Central Asia, and Latin America and with Iraq, Iran, Yemen, and South Africa under Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation(2)
(2) The primary and overarching objective of Regulation (EC) No 1905/2006 is the eradication of poverty through the pursuit of the Millennium Development Goals. The scope of cooperation for the geographic programmes with developing countries, territories and regions established under that Regulation is furthermore limited materially to financing measures designed to fulfil the criteria for Official Development Assistance (ODA criteria) established by the Development Assistance Committee of the Organisation for Economic Cooperation and Development (OECD/DAC).
(3) It is in the Union's
interests to further deepen its relations with the developing countries concerned, which are important bilateral partners and players in multilateral fora and in global governance with whom the Union
has a strategic interest in promoting diversified links, in particular in areas such as economic, commercial, academic, business and scientific exchanges. It therefore needs a financial instrument that allows the financing of such measures which, in principle,
do not qualify as ODA under the ODA criteria but are crucially important in terms of consolidating relations and make an important contribution to promoting the progress of the developing countries concerned
(4) For that purpose, four Preparatory Actions were set up in the 2007 and 2008 budget procedures to initiate such enhanced cooperation in accordance with point (b) of Article 49(6) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(3)
(the Financial Regulation): business and scientific exchanges with India; business and scientific exchanges with China; cooperation with middle-income group countries in Asia; and cooperation with middle-income group countries in Latin America. Under that Article the legislative procedure further to Preparatory Actions must be concluded before the end of the third financial year.
(5) The objectives and provisions of Council Regulation (EC) No 1934/2006(4)
are appropriate to pursue such enhanced cooperation with countries falling under Regulation (EC) No 1905/2006. For that purpose, it is necessary to extend the geographical scope of Regulation (EC) No 1934/2006 and to provide for a financial envelope to cover cooperation with those developing countries.
(6)Extending the geographical scope of Regulation (EC) No 1934/2006 brings the developing countries concerned within the scope of two different external action financial instruments. Care should be taken to ensure that these two financial instruments are kept strictly separate from each other. Measures which fulfil the ODA criteria will be financed under Regulation (EC) No 1905/2006, whereas Regulation (EC) No 1934/2006 will apply exclusively to measures which, in principle, do not fulfil those criteria. It is also necessary to ensure that the countries previously falling within the scope of Regulation (EC) No 1934/2006, in other words industrialised and other high-income countries and territories, are not placed at a disadvantage, particularly in financial terms, by the extension of that Regulation's geographical scope.
(7)Since the economic crisis has placed budgets under extreme strain throughout the Union and the proposed extension embraces countries which sometimes demonstrate a similar level of competitiveness to that of the Union and have attained an average standard of living which approaches that of some Member States, EU cooperation should take into consideration efforts made by the recipient countries to comply with the International Labour Organisation international agreements and to participate in the general objectives of greenhouse gas emissions reduction.
(8) The review of implementation of the external action financial instruments has identified inconsistencies in the provisions that exclude costs relating to taxes, duties or other charges as ineligible. For the sake of consistency, it is proposed to bring those provisions into line with the other instruments.
(9)The Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union in respect of multiannual cooperation programmes, as these programmes supplement Regulation (EC) No 1934/2006 and are of general application. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.
(10) Regulation (EC) No 1934/2006 should therefore be amended accordingly,
HAVE ADOPTED THIS REGULATION:
Regulation (EC) No 1934/2006 is hereby amended as follows:
(1) the title of the Regulation is replaced by the following:"
Council Regulation (EC) No 1934/2006 of 21 December 2006 establishing a financing instrument for cooperation with industrialised and other high-income countries and territories, and with developing countries falling under Regulation (EC) No 1905/2006, for activities other than official development assistance
(2) Articles 1 to 3 are replaced by the following:"
1. For the purpose of this Regulation, industrialised and other high-income countries and territories shall comprise countries and territories listed in Annex I of this Regulation and developing countries shall comprise countries falling under Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation*and listed in Annex II of this Regulation. They are hereinafter referred to as “partner countries”.
financing under this Regulation
shall support economic, financial,
technical, cultural and academic
cooperation in the areas set out in Article 4,
falling within its spheres of competence with partner countries
. This Regulation shall serve to finance measures which, in principle, do not fulfil the Official Development Assistance (ODA) criteria established by the Development Assistance Committee of the Organisation for Economic Cooperation and Development (OECD/DAC).
2. The primary objective of cooperation with partner
countries ▌shall be to provide a specific response to the need to strengthen links and to engage further with them on a bilateral, regional or multilateral basis in order to create a more favourable and transparent
environment for the development of relations between
the Union and partner
countries in accordance with the principles guiding the Union's external action as laid down in the Treaty
. This refers amongst others to the promotion of democracy, respect for human rights and fundamental freedoms, the rule of law, as well as decent work, good governance, and the preservation of the environment, in order to contribute to progress and sustainable development processes in the partner countries.
1. ▌Cooperation shall be aimed at engaging with partner countries in order to enhance dialogue and rapprochement and to
share and promote
similar political, economic and institutional structures and values. The Union shall also aim at increasing cooperation and exchanges with established or increasingly
important bilateral partners and players in multilateral fora and in global governance. The cooperation also covers partners where
has a strategic interest in promoting links and its values as laid down in the Treaty
2. ▌In duly justified circumstances and in order to ensure the coherence and effectiveness of Union financing and
to foster regional cooperation, the Commission may decide when adopting annual
action programmes referred to in Article 6 that countries not listed in the Annexes are eligible for measures under this Regulation
, where the project or programme to be implemented is of a regional or cross-border nature. Provisions shall
be made for this in the multiannual cooperation programmes referred to in Article 5.
3. The Commission shall amend the lists in Annexes I and II following the regular OECD/DAC reviews of its list of developing countries, and shall inform the European Parliament and
the Council thereof.
4.For Union financing under this Regulation, particular attention shall be paid where appropriate to the compliance of the partner countries with the core labour standards of the International Labour Organisation and to their efforts to pursue reductions of greenhouse gas emissions.
5.In relation to countries listed in Annex II of this Regulation, policy coherence with measures financed under Regulation (EC) No 1905/2006 and Regulation (EC) No 1337/2008 of the European Parliament and of the Council of 16 December 2008 establishing a facility for rapid response to soaring food prices in developing countries** shall be strictly observed.
1.The Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms and the rule of law and seeks to promote, develop and consolidate commitment to those principles in partner countries through dialogue and cooperation.
2.In the implementation of this Regulation a differentiated approach in designing cooperation with partner countries shall be pursued, where appropriate, to take account of their economic, social and political contexts as well as of the Union's specific interests, strategies and priorities.
3.Measures financed under this Regulation shall be consistent with and cover areas of cooperation set out notably in the instruments, agreements, declarations and action plans between the Union and the partner countries as well as areas pertaining to the Union's specific interests and priorities.
4.For measures financed under this Regulation, the Union shall aim to ensure coherence with other areas of its external action as well as with other relevant Union policies, in particular development cooperation. This shall be ensured by formulating policy, strategic planning and the programming and implementation of measures.
5.Measures financed under this Regulation shall complement and bring added value to the efforts undertaken by Member States and Union public bodies in the area of commercial relations and cultural, academic and scientific exchanges.
6.The Commission shall inform and have regular exchanges of views with the European Parliament.
*OJ L 378, 27.12.2006, p. 41.
** OJ L 354, 31.12.2008, p. 62.
(3)Article 4 is amended as follows:
the introductory part is replaced by the following:
" Union financing shall support cooperation actions in accordance with Article 1 and shall be consistent with the overall purpose, scope, objectives and general principles of this Regulation. Union financing shall cover actions that, in principle, do not fulfil the ODA criteria, and which may include a regional dimension, in the following areas of cooperation:"
points 1 to 5 are replaced by the following:
the promotion of cooperation, partnerships and joint undertakings between economic, social, cultural, academic and scientific actors in the Union and partner countries;
the stimulation of bilateral trade, investment flows and economic partnerships, including a focus on small and medium sized enterprises;
the promotion of dialogues between political, economic, social and cultural actors and other non-governmental organisations in relevant sectors in the Union and partner countries;
the promotion of people-to-people links, education and training programmes and intellectual exchanges and the enhancement of mutual understanding between cultures, particularly at the family level, including measures to ensure and increase Union participation in Erasmus Mundus and participation in European education fairs;
5)the promotion of cooperative projects in areas such as research, science and technology, sports and culture, energy (in particular renewable energy), transport, environmental matters (including climate change), customs, financial, legal and human rights issues, and any other matter of mutual interest between the Union and the partner countries;
point 7 is replaced by the following:
support for specific initiatives, including research work, studies, pilot schemes or joint projects destined to respond in an effective and flexible manner to cooperation objectives arising from developments in the Union's bilateral relationship with the partner countries or aiming to provide impetus to the further deepening and broadening of bilateral relationships with them.
(4)in Article 5, paragraphs 2 and 3 are replaced by the following:
2.Multiannual cooperation programmes shall cover no more than the period of validity of this Regulation. They shall set out the Union's specific interests and priorities, the general objectives and the expected results. In particular with regard to Erasmus Mundus, programmes shall aim for the most balanced geographical coverage possible. They shall also set out the areas selected for financing by the Union and outline the indicative financial allocation of funds, overall, per priority area and per partner country or group of partner countries for the period concerned. Where appropriate, this may be given in the form of a range. Multiannual cooperation programmes shall be reviewed at mid-term, or ad hoc if necessary.
3.Multiannual cooperation programmes and any reviews thereof shall be adopted by the Commission by means of delegated acts in accordance with Article 14a, and subject to the conditions laid down in Articles 14b and 14c.
(5)Article 6 is amended as follows:
paragraph 1 is replaced by the following:
" 1.The Commission shall adopt annual action programmes based on the multiannual cooperation programmes referred to in Article 5 and shall transmit them simultaneously to the European Parliament and to the Council."
paragraph 3 is replaced by the following:
" 3.Annual action programmes shall be adopted by the Commission taking into account the opinions of the European Parliament and of the Council. This procedure needs not be used for amendments to action programmes, such as those making technical adjustments, extending the implementation period, reassigning funds between the planned operations within the forecast budget, or increasing or reducing the size of the budget by less than 20 % of the initial budget, provided these amendments are consistent with the initial objectives set out in the action programmes."
(6)Article 7 is amended as follows:
points (e) and (f) are replaced by the following:
joint bodies set up by the partner countries and regions and the Union;
Union institutions and bodies, insofar as they implement support measures specified in Article 9;
the following paragraphs are added:
" 1a.Measures covered by Council Regulation (EC) No 1257/96 of 20 June 1996 concerning humanitarian aid*, Regulation (EC) No 1717/2006 of the European Parliament and of the Council of 15 November 2006 establishing an Instrument for Stability** or Regulation (EC) No 1905/2006, and eligible for funding thereunder shall not be funded under this Regulation. 1b.Union financing under this Regulation shall not be used to finance the procurement of arms or ammunition, and operations having military or defence implications. _________ * OJ L 163, 2.7.1996, p. 1. ** OJL 327, 24.11.2006, p. 1."
(7) in Article 8, paragraph 3 is replaced by the following:"
financing shall, in principle, not be used for paying taxes, duties or charges in the partner countries.
(8)Article 9 is amended as follows:
paragraph 1 is replaced by the following:
" 1.Union financing may cover expenditure associated with the preparation, follow up, monitoring, audit and evaluation activities directly necessary for the implementation of this Regulation and the achievement of its objectives, and any other administrative or technical assistance expenditure that the Commission, including its Delegations in the partner countries, may incur for the management of operations financed under this Regulation."
b)paragraph 3 is replaced by the following:
" 3.The Commission shall adopt support measures not covered by the multi-annual cooperation programmes and shall transmit them simultaneously to the European Parliament and to the Council."
(9)Article 12 is amended as follows:
the title is replaced by the following:
" Protecting the Union's financial interests"
paragraph 1 is replaced by the following:
" 1.Any agreements resulting from this Regulation shall contain provisions ensuring the protection of the Union's financial interests, in particular with respect to irregularities, fraud, corruption and any other illegal activity, in accordance with Council Regulations (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests* and (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities** and Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF)***. _____________ *OJ L 312, 23.12.1995, p. 1. **OJ L 292, 15.11.1996, p. 2. ***OJ L 136, 31.5.1999, p. 1."
paragraph 2 is replaced by the following:
" 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 Union funds. They shall also expressly authorise the Commission to carry out on-the-spot checks and inspections in accordance with Regulation (Euratom, EC) No 2185/96."
(10)Article 13 is replaced by the following:
1.The Commission shall regularly evaluate the actions and programmes financed under this Regulation, where appropriate or at the request of the European Parliament or the Council by means of independent external evaluations, in order to ascertain whether the objectives have been met and to enable it to formulate recommendations with a view to improving future operations. The results shall feed back into programme design and resource allocation.
2.The Commission shall send the evaluation reports referred to in paragraph 1 to the European Parliament and to the Council for information.
3.The Commission shall associate relevant stakeholders, including non-State actors, in the evaluation phase of the Union cooperation provided for under this Regulation.
[Paragraph 2 corresponds to Amendment 5]
(11)Article 14 is replaced by the following:
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 a detailed annual report on the implementation of this Regulation. The report shall set out the results of implementation of the budget and present all the actions and programmes financed, and as far as possible, set out the main outcomes and impacts of the cooperation actions and programmes.
(12)the following Articles are inserted:
Exercise of the delegation
1.The power to adopt delegated acts referred to in Article 5 shall be conferred on the Commission for the period of application of this Regulation.
2.As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
3.The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in Articles 14b and 14c.
Revocation of the delegation
1.The delegation of power referred to in Article 5 may be revoked at any time by the European Parliament or by the Council.
2.The institution which has commenced an internal procedure for deciding whether to revoke a delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated power which could be subject to revocation and possible reasons for a revocation.
3.The decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.
Objections to delegated acts
1.The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification.
At the initiative of the European Parliament or the Council this period shall be extended by two months.
2.If, on expiry of the period referred to in paragraph 1, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force on the date stated therein.
The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.
3.If either the European Parliament or the Council objects to the delegated act within the period referred to in paragraph 1, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.
(13)Article 15 is deleted. [Amendment 6]
(14) Article 16 is replaced by the following:"
The financial reference amount for the implementation of this Regulation for the period from 2007 to 2013 shall be EUR 172 million for countries listed in Annex I and EUR 176 million for countries listed in Annex II. The annual appropriations for the period 2010-2013 will be decided by the budgetary authority as part of the annual budget procedure. The Commission shall provide the budgetary authority with detailed information on all budget lines and
the annual appropriations to be used for financing the measures under this Regulation. Those appropriations
shall be authorised by the budgetary authority within the limits of the financial framework. Care should also be taken to ensure that the industrialised and other high-income countries and territories listed in Annex I are not placed at a disadvantage by the application of this Regulation to the partner countries listed in Annex II.
Appropriations programmed for use under Regulation (EC) No 1905/2006 shall not be used for this purpose.
(15) in the Annex, the title is replaced by the following:"
ANNEX I ‐ List of industrialised and other high-income countries and territories covered by this Regulation
(16) A new Annex II, the text of which is set out in the Annex to this Regulation, is added.
Entry into force
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.