REPORT on the proposal for a regulation of the European Parliament and of the Council on establishing a financing instrument for the promotion of democracy and human rights worldwide (European Instrument for Democracy and Human Rights)

24.10.2006 - (COM(2006)0354 – C6‑0206/2006 – 2006/0116(COD)) - ***I

Committee on Foreign Affairs
Rapporteurs: Hélène Flautre, Edward McMillan-Scott
Draftsman (*):
Alessandro Battilocchio, Committee on Development
(*) Enhanced cooperation between committees - Rule 47 of the Rules of Procedure

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council on establishing a financing instrument for the promotion of democracy and human rights worldwide (European Instrument for Democracy and Human Rights)

(COM(2006)0354 – C6‑0206/2006 – 2006/0116(COD))

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0354),

–   having regard to Article 251(2) and Articles 179(1) and 181a(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6‑0206/2006),

–   having regard to the Declaration of the Commission on the Democratic Scrutiny and Coherence of External Actions annexed to the Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial management[1] (“the IIA”) and the related exchange of letters,

–   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 Development, of the Committee on Women's Rights and Gender Equality and of the Committee on Budgets (A6‑0376/2006),

1.  Approves the Commission proposal as amended;

2.  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;

3.  Considers that the financial envelope indicated in the legislative proposal must be compatible with the ceiling of heading 4 of the new multiannual financial framework (MFF) and points out that the annual amount will be decided within the annual budgetary procedure, in accordance with the provisions of point 37 of the IIA;

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

Text proposed by the Commission		Amendments by Parliament

Amendment 1
Recital 1

(1) A new framework for planning and delivering assistance is proposed in order to make the Community’s external assistance more effective. Council Regulation (EC) No [...] establishes an Instrument for Pre Accession (IPA) for Community assistance to candidate and potential candidate countries. Regulation (EC) No […] of the European Parliament and of the Council establishes a European Neighbourhood and Partnership Instrument providing direct support for the EU’s European Neighbourhood Policy. Regulation (EC) No [...] of the European Parliament and of the Council establishes a financing instrument for Development Cooperation and Economic Cooperation. Regulation (EC) No […] of the European Parliament and of the Council establishes a financing Instrument for Stability providing assistance in situations of crisis and emerging crisis, and specific global and transregional threats. This Regulation establishes a European Instrument for the Promotion of Democracy and Human Rights (EIDHR) worldwide;	(1) A new framework for planning and delivering assistance is proposed in order to make the Community’s external assistance more effective and transparent. This Regulation is one of the general instruments providing direct support for the European Union's external polices and establishes a European Instrument for the Promotion of Democracy and Human Rights (EIDHR) worldwide, which can operate without the consent of the host country's government.

Justification

The negotiations on the structure of the external financial instruments is not yet finished, but will most certainly lead to additional instruments. This wording has already been agreed within other instruments.

Amendment 2 Recital 3
(3) The promotion of democracy and the rule of law, and human rights and fundamental freedoms constitutes a prime objective of the Community’s development policy and economic, financial and technical cooperation with third countries. A commitment to respect, promote and protect democratic principles and human rights is an essential element of the Community’s contractual relations with third countries;	(3) The promotion of democracy and the rule of law, and human rights and fundamental freedoms constitutes a prime objective of the Community’s development policy and economic, financial and technical cooperation with third countries. A commitment to respect, promote and protect democratic principles and human rights is an essential element of the Community's contractual relations and of its trade relations with third countries.
Amendment 3 Recital 4
(4) The European Consensus on Development jointly agreed by the Council and the representatives of the governments of the Member States meeting within the Council, the European Commission and the European Parliament underlines that “progress in the protection of human rights, good governance and democratisation is fundamental for poverty reduction and sustainable development”	(4) The European Consensus on Development jointly agreed by the Council and the representatives of the governments of the Member States meeting within the Council, the European Commission and the European Parliament underlines that “progress in the protection of human rights, good governance and democratisation is fundamental for poverty reduction and sustainable development”. Such policies therefore strongly contribute to the achievement of the Millennium Development Goals on poverty eradication (MDGs), to which the European Union committed itself in 2000.
Justification
The reference to the European consensus is appropriate, but the Millennium Development Goals should also be mentioned.
Amendment 4 Recital 5
(5) The financing instrument contributes to achieving the objective of the European Union’s Common Foreign and Security Policy regarding the development and consolidation of democracy and the rule of law, and respect for human rights and fundamental freedoms.;	(5) The financing instrument contributes to achieving the objective of the European Union’s Common Foreign and Security Policy, as set out in Article 11(1) of the Treaty on European Union, regarding the development and consolidation of democracy and the rule of law, and respect for human rights and fundamental freedoms.
Amendment 5 Recital 5 a (new)
	(5a) In his report entitled “In Larger Freedom - Towards Development, Security and Human Rights for All”, the Secretary-General of the United Nations also describes the relation between development, security and human rights, stating: “Not only are development, security and human rights all imperative; they also reinforce each other. ... Accordingly, we will not enjoy development without security, we will not enjoy security without development, and we will not enjoy either without respect for human rights. Unless all these causes are advanced, none will succeed.”
Amendment 6 Recital 6
(6) The Community’s contribution to the development and consolidation of democracy and the rule of law, and of respect for human rights and fundamental freedoms is rooted in the general principles established by the International Bill of Human Rights, and any other Universal Human Rights Instrument adopted within the framework of the United Nations;	(6) The Community’s contribution to the development and consolidation of democracy and the rule of law, and of respect for human rights and fundamental freedoms is rooted in the general principles established by the International Bill of Human Rights, and any other universal human rights instrument adopted within the framework of the United Nations, including the MDGs.
Amendment 7 Recital 8
(8) Human rights may be considered in the light of universally accepted international norms, but democracy has to be seen as a process, developing from within, involving all sections of society and a range of institutions that should ensure participation, representation, responsiveness and accountability. The task of building and sustaining a culture of human rights and making democracy work for its citizens, though especially urgent and difficult in emerging democracies, is essentially a continuous challenge, belonging first and foremost to the people of the country concerned;	(8) Human rights and democratic principles and values may be considered in the light of universally accepted international norms, but the specific procedures for establishing institutions capable of ensuring respect for all democratic and human rights should be seen as a process, developing from within, involving all sections of society and a range of institutions that should ensure participation, representation, responsiveness and accountability. The task of building and sustaining a culture of human rights and making democracy work for its citizens, though especially urgent and difficult in emerging democracies when authoritarian governments suppress civil society and its genuine NGOs, is essentially a continuous challenge, belonging first and foremost to the people of the country concerned but without diminishing the commitment of the international community.
Justification
While it needs stressing that the countries concerned are responsible first and foremost for establishing democracy, the commitment of the international community should also be mentioned.
Amendment 8 Recital 9
(9) In order to address the above issues in an effective, timely and flexible manner beyond the expiry of Council Regulation (EC) No 975/1999 and Council Regulation (EC) No 976/1999, which served as the legal base for the European Initiative for Democracy and Human Rights and which expire by 31 December 2006, specific financial resources and a self-contained financing instrument are required that can continue to work in an independent manner whilst remaining complementary to humanitarian aid and long term development and cooperation financing instruments;	(9) In order to address the above issues in an effective, transparent, timely and flexible manner beyond the expiry of Council Regulation (EC) No 975/1999 and Council Regulation (EC) No 976/1999, which served as the legal base for the European Initiative for Democracy and Human Rights and which expire by 31 December 2006, specific and adequate financial resources and a separate financing instrument are required that can continue to work in an independent manner whilst remaining mutually complementary to the other instruments for the European Union's external policies.
Justification
It is not at all clear what "self-contained" could mean in this context so "separate" would seem more appropriate. The various instruments for external actions are ultimately all interlinked and, therefore, the term "mutually complementary" is appropriate.
Amendment 9 Recital 10
(10) Community assistance under this Regulation is designed to complement the various other tools for implementation of EU policies on democracy and human rights, which range from political dialogue and diplomatic demarches to various instruments of financial and technical cooperation, including both geographic and thematic programmes. It will also complement the more crisis-related interventions of the Instrument for Stability;	(10) Community assistance under this Regulation is designed to complement the various other tools for the implementation of EU policies on democracy and human rights, which range from political dialogue and diplomatic demarches to various instruments of financial and technical cooperation, including both geographic and thematic programmes and instruments. It will be an important tool for the implementation of EU policy in the field of human rights and democracy promotion, notably in light of the EU guidelines on human rights issues and the implementation of the 'democracy and human rights' clauses. It will also complement the more crisis-related interventions of the Instrument for Stability.
Justification
It needs to be underlined that it is a tool for the EU Guidelines on Human Rights and the democracy and human rights clauses as well.
Amendment 10 Recital 11
(11) In particular, in addition and complementary to the measures agreed with partner countries in the context of the cooperation pursued under the Instrument for Pre-accession, the European Neighbourhood and Partnership Instrument, the Development Cooperation and Economic Cooperation Instrument, the Cotonou Agreement with ACP countries and the Instrument for Stability, the Community provides assistance under this Regulation that addresses global, regional and national human rights and democratisation issues in partnership with civil society;	(11) In particular, in addition and complementary to the measures agreed with partner countries in the context of the cooperation pursued under the Instrument for Pre-accession, the European Neighbourhood and Partnership Instrument, the Development Cooperation and Economic Cooperation Instrument, the Cotonou Agreement with ACP countries and the Instrument for Stability, the Community provides assistance under this Regulation to non-profit, non-state actors as defined in Article 9(1) of this Regulation when addressing global, national, regional and local human rights and democratisation issues.
Amendment 11 Recital 12
(12) Furthermore, whilst democracy and human rights objectives are increasingly mainstreamed in all external assistance financing instruments, Community assistance under this Regulation will have a specific complementary role by virtue of its global nature and its independence of action from the consent of third country authorities. This makes possible cooperation with civil society on sensitive human rights and democracy issues, providing the flexibility to respond to changing circumstances or to support innovation. It also provides a Community capacity to articulate and support specific objectives and measures at international level, which are neither geographically linked nor crisis related, which may require a transnational approach or involve operations both within the Community and in a range of third countries. It provides the necessary framework for operations such as independent EU election observation requiring policy coherence, a unified management system and common operating standards;	(12) Furthermore, whilst democracy and human rights standards must be increasingly mainstreamed across all external assistance financing instruments, Community assistance under this Regulation will have a specific complementary and additional role by virtue of its global nature and its independence of action from the consent of third country governments and other public authorities. This makes possible cooperation with non-profit, non-state actors as defined in Article 9(1) of this Regulation on sensitive human rights and democracy issues, providing the flexibility to respond to changing circumstances or to support innovation. It also provides a Community capacity to articulate and support specific objectives and measures at international level, which are neither geographically linked nor crisis related, which may require a transnational approach or involve operations both within the Community and in a range of third countries. It provides the necessary framework for operations such as independent EU election observation requiring policy coherence, a unified management system and common operating standards.
Amendment 12 Recital 12 a (new)
	(12a) Community assistance under this Regulation should also support human rights and democracy promotion projects by and for democratic parliaments and by enhancing their political capacity, if the government of the country concerned opposes such assistance under the Instrument for Pre-Accession, the European Neighbourhood and Partnership Instrument, the Cotonou Agreement with ACP countries or the Instrument for Stability, and for democratic political groups.
Amendment 13 Recital 13
(13) The 2001 “Guidelines for strengthening operational coordination between the Community, represented by the Commission, and the Member States in the field of external assistance” emphasise the need for enhanced coordination of EU external assistance in the fields of supporting democratisation and promoting respect for human rights and fundamental freedoms worldwide. The Commission and Member States shall ensure that their respective assistance measures are complementary;	(13) The 2001 “Guidelines for strengthening operational coordination between the Community, represented by the Commission, and the Member States in the field of external assistance” emphasise the need for enhanced coordination of the EU's overall external assistance in the fields of supporting democratisation and promoting respect for human rights and fundamental freedoms worldwide. The Commission and Member States shall ensure that their respective assistance measures are complementary and coherent.
Justification
Coordination must involve the Commission and Member States; in addition, a reference is added to the need for coherence.
Amendment 14 Recital 14
(14) The relevance and scope of Community assistance in promoting democracy and human rights calls for the Commission to seek regular and frequent exchanges of information with the European Parliament.	(14) The relevance and scope of Community assistance in promoting democracy and human rights calls for the Commission to seek regular and frequent exchanges of information with the European Parliament and to engage in a structured dialogue as defined in Article 16(4) of this Regulation.
Justification
It should not just be an exchange of information, but a regular dialogue, as stated in the Declaration of the Commission on the Democratic Scrutiny and Coherence of External Actions annexed to the Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial management.
Amendment 15 Recital 15
(15) The Commission needs to consult representatives of civil society, as well as other donors and actors, as early as appropriate in the programming process in order to facilitate their respective contributions and to ensure that assistance activities are as complementary to each other as possible;	(15) The Commission needs to consult the European Parliament and representatives of non-profit, non-state actors as defined in Article 9(1) of this Regulation, as well as other donors and actors, from an early stage in the programming process in order to facilitate their respective contributions and to ensure that assistance activities are as complementary to each other as possible and that they address the objectives determined in the most efficient and effective way.
Justification
Consultation should be extended to Parliament and should apply in all cases. The objective of effectiveness is also underlined.
Amendment 16 Recital 16
(16) The Community needs to be able to respond rapidly to unforeseen needs and in exceptional circumstances in order to enhance the credibility and effectiveness of its commitment to the promotion of democracy and human rights in countries where such situations arise. This requires the possibility for the Commission to decide on Special Measures not covered by Strategy Papers. This assistance management instrument corresponds to those included in the other external assistance financing instruments;	(16) The Community needs to be able to respond rapidly to unforeseen needs and in exceptional circumstances in order to enhance the credibility and effectiveness of its commitment to the promotion of democracy and human rights in countries where such situations arise, especially if the EU assistance treaties concluded with them include the democracy clause. This requires the possibility for the Commission to decide on Special Measures not covered by Strategy Papers and to respond in a flexible manner to the specific needs of non-profit, non-state actors as defined in Article 9(1) of this Regulation and human rights defenders. This assistance management instrument corresponds to those included in the other external assistance financing instruments.
Amendment 17 Recital 17
(17) This Regulation establishes a financial framework for the entire duration of the programme which is to be the principal point of reference for the budgetary authority, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management;	(17) This Regulation establishes a financial envelope for the entire duration of the programme which is to be the principal point of reference for the budgetary authority, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management.
Justification
The terminology in the IIA of 17 may 2006 was slightly changed compared to the previous one and now uses the term "financial envelope".
Amendment 18 Recital 18
(18) Financial support needs to be secured for the European Inter-University Centre for Human Rights and Democratisation, providing a European Masters Degree in Human Rights and Democratisation and an EU-UN Fellowship Programme, beyond the expiry by end 2006 of Decision No 791/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a Community action programme to promote bodies active at European level and support specific activities in the field of education and training , which served as the legal basis for funding;	(18) Financial support needs to be secured for institutions supporting the objectives of this Regulation, inter alia, the European Inter-University Centre for Human Rights and Democratisation, providing a European Masters Degree in Human Rights and Democratisation and an EU-UN Fellowship Programme, beyond the expiry by end 2006 of Decision No 791/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a Community action programme to promote bodies active at European level and support specific activities in the field of education and training , which served as the legal basis for funding.
Amendment 19 Recital 20 a (new)
	(20a) Recognising the significant and continuing success of the European Union in undertaking Electoral Observation Missions worldwide, but accepting that the promotion of democracy goes far beyond the electoral process alone, such activities should not encompass a disproportionate amount of the total funding, especially in relation to funding for grassroots human rights organisations and projects,
Amendment 20 Article 1, paragraph 1
1. This Regulation establishes a European Instrument for Democracy and Human Rights under which the Community shall provide assistance, within the framework of the Community’s policy on development cooperation and economic, financial and technical cooperation with third countries, contributing to the development and consolidation of democracy and the rule of law, and of respect for human rights and fundamental freedoms.	1. This Regulation establishes a European Instrument for Democracy and Human Rights under which the Community shall provide assistance, within the framework of the Community’s policy on development cooperation, its Common Foreign and Security Policy and economic, financial and technical cooperation with third countries, contributing to the development and consolidation of democracy and the rule of law, and of respect for human rights, civil, political, economic, social and cultural rights and fundamental freedoms, which constitute the fundamental values on which European Union external action is based.
Amendment 21 Article 1, paragraph 2, point (a)
a) enhancing respect for human rights and fundamental freedoms where they are most at risk and providing support and solidarity to victims of repression and abuse;	a) promoting and consolidating democracy and democratic reform and enhancing the respect for and observance of human rights and fundamental freedoms in third countries, as proclaimed in the Universal Declaration of Human Rights and other international and regional human rights instruments, mainly through support for actors as referred to in Article 9 and for human rights defenders as defined in the EU guidelines on human rights defenders;
Amendment 22 Article 1, paragraph 2, point (b)
b) strengthening the role of civil society in promoting human rights and democratic reform, developing political participation and representation, and supporting conflict prevention;	deleted
Amendment 23 Article 1, paragraph 2, point (c)
c) supporting the international framework for the protection of human rights, the rule of law and the promotion of democracy;	c) supporting and strengthening the international and regional framework for the promotion and protection of human rights, the promotion of democracy and the rule of law and conflict prevention; reinforcing the role of independent non-profit, non-state actors as defined in Article 9(1) as an indispensable actor within this framework;
Justification
The regional framework is becoming increasingly important and should also be mentioned, as well as the role of civil society.
Amendment 24 Article 1, paragraph 2, point (d)
d) building confidence in democratic electoral processes through further development of electoral observation and assistance.	d) enhancing the reliability of electoral processes through electoral observation missions, if they cannot be provided through other more appropriate instruments, and through support to local non-profit, non-state actors as defined in Article 9(1), as an indispensable actor within this framework.
Justification
The original text could be understood as if an increase of the number of electoral observation mission would be an end in itself. The involvement of and follow up by local organisation is important.
Amendment 25 Article 2, paragraph 1, point (a), introductory wording
(a) support for democracy and processes of democratisation, in particular by strengthening the role of civil society in	a) promotion and enhancement of democracy, processes of democratisation and parliamentary democracy, mainly through actors as referred to in Article 9, in the following areas:
Amendment 26 Article 2, paragraph 1, point (a), point (i)
i) developing citizen’s political participation and representation, encouraging civil society dialogue and cooperation, and helping to empower marginalised sections of the population;	i) promoting freedom of association and assembly, freedom of expression, independent media, free and equal access to information and freedom of movement; measures to combat administrative obstacles to the exercise of those freedoms;
Amendement 27 Article 2, paragraph 1, point (a), point (ii)
ii) encouraging participatory decision-making processes at national, regional and local level, and promoting equal participation of men and women in civil society, economic and political life;	ii) promoting the independence of the judiciary; strengthening the rule of law; supporting and evaluating legal and institutional reforms; combating impunity and promoting access to justice (without implying the EU's involvement in cases before courts);
Amendement 28 Article 2, paragraph 1, point (a), point (iii)
iii) fostering mutual respect and pluralism both at the level of civil society and at the political level by promoting freedom of expression and assembly, an independent and responsible media, unimpeded access to information, and freedom of association;	iii) promoting and strengthening the International Criminal Court, ad hoc international criminal tribunals and the processes of transitional justice and truth and reconciliation mechanisms;
Amendment 29 Article 2, paragraph 1, point (a), point (iv)
iv) strengthening the rule of law and encouraging legal reform, the independence of the judiciary, the fight against impunity and contributing to the establishment of transitional justice and reconciliation mechanisms, including support to the establishment and functioning of ad hoc international tribunals and the International Criminal Court;	iv) supporting reforms to achieve effective and transparent democratic accountability and supervision, including supervision of the security and justice sectors, and encouraging measures against corruption;
Amendment 30 Article 2, paragraph 1, point (a), point(v)
v) supporting reforms to achieve effective democratic accountability and oversight, including oversight of the security sector, and encouraging measures against corruption;	v) promoting political pluralism and parliamentary democracy by supporting human rights and democracy promotion projects by and for democratic parliaments and by enhancing their political capacity, if the government of the country concerned opposes such assistance under the Instrument for Pre-Accession, the European Neighbourhood and Partnership Instrument, the Cotonou Agreement with ACP countries and the Instrument for Stability, and for democratic political groups;
Amendment 31 Article 2, paragraph 1, point (a), point (v b) (new)
	va) nurturing political participation and citizen representation, in particular by involving marginalised groups; supporting the ability of non-profit, non-state actors as defined in Article 9(1) and democratic groups to question, converse with and propose reforms to political authorities at local, national, regional and international level;
Amendment 32 Article 2, paragraph 1, point (a), point (v b) (new)
	vb) promoting the rights of women as basic human rights, as well as equality of opportunity; supporting women’s political participation and equal representation;
Amendment 33 Article 2, paragraph 1, point (a), point (vi)
(vi) applying conflict prevention and conflict resolution approaches, so as to avert violent conflict, tackle root causes and develop appropriate democratic processes to channel and manage divergent interests;	(vi) applying conflict prevention and conflict resolution approaches, so as to avert violent conflict, tackle root causes and develop appropriate democratic processes to channel and manage divergent interests; promoting a culture of non-violence and peace;
Amendment 34 Article 2, paragraph 1, point (b), introductory wording
(b) the promotion and defence of human rights and fundamental freedoms as proclaimed in the Universal Declaration of Human Rights and other international instruments concerning civil, political, economic, social and cultural rights. This includes support through civil society for:	(b) the promotion and protection, mainly through non-profit, non-state actors as defined in Article 9(1), of human rights and fundamental freedoms as proclaimed in the Universal Declaration of Human Rights and other regional and international human rights instruments, notably the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.
	In this context, activities reported pursuant to this instrument shall cover, inter alia, the following fields:
Amendment 35 Article 2, paragraph 1, point (b), point (i)
i) the abolition of the death penalty, prevention of torture and ill-treatment and rehabilitation of victims of torture and human rights abuses;	i) the abolition of the death penalty, the fight against and prevention of torture and other cruel, inhuman and degrading treatment or punishment including domestic ill-treatment, and the rehabilitation of victims of torture;
Justification
Rehabilitation of victims of human rights violations falls more under the remit of the fight against impunity, “Torture and other cruel inhuman and degrading treatments” is the standard UN language, used in international conventions.
Amendment 36 Article 2, paragraph 1, point (b), point (ii)
ii) human rights defenders;	ii) the support and protection of, and provision of assistance to, human rights defenders, including elected persons who have been prevented from carrying out their mandate, political activists and victims of human rights violations;
Justification
It is also important to support civil society organisations assisting victims of human rights violations. Parliamentarians, who cannot exercise their mandate, and political dissidents, as fundamental actors of any democratisation process, are also entitled to receive protection and assistance.
Amendment 37 Article 2, paragraph 1, point b), point (iii)
iii) the fight against racism and xenophobia, discrimination on any ground;	iii) the fight against racism, xenophobia and discrimination on grounds of gender, race, colour, ethnic or social origins, genetic characteristics, language, religious or other convictions, political or other opinions, membership of a national minority, property ownership, birth, disability, age, sexual orientation or identity or on any other ground;
Amendment 38 Article 2, paragraph 1, point (b), point (iii a) (new)
	(iiia) the promotion and defence of freedom of expression, including artistic and cultural expression, and the fight against censorship;
Amendment 39 Article 2, paragraph 1, point (b), point (iv)
iv) minorities, ethnic groups and indigenous peoples;	iv) the rights of minorities, ethnic groups and indigenous peoples, in particular by combating discrimination against them; the rights of immigrants, refugees and displaced persons;
Amendment 40 Article 2, paragraph 1, point b), point (v)
v) the rights of women;	v) the rights of women, including measures to combat female genital mutilation, early and forced marriages, honour-related crimes, domestic abuse and any other form of violence against women;
Amendment 41 Article 2, paragraph 1, point (b), point (vi)
vi) the rights of children;	vi) the rights of children, including the fight against child labour, trafficking and prostitution, and the recruitment and use of child soldiers;
Amendment 42 Article 2, paragraph 1, point b, point (vii)
vii) core labour standards;	vii) core labour standards, including measures to promote the social responsibility of companies;
Amendment 43 Article 2, paragraph 1, point (b), point (vii a) (new)
	viia) the rights of disabled persons;
Amendment 44 Article 2, paragraph 1, point (b), point (viii)
viii) education, training and monitoring in the area of human rights and democracy;	viii) education, training and monitoring in the area of human rights, democracy, peace building and the prevention of violence;
Amendment 45 Article 2, paragraph 1, point (b), point (viii a) (new)
	viiia) capacity building for local, national, regional and international independent civil society organisations involved in the protection, reinforcement or defence of human rights and in peace building and the prevention of violence;
Justification
The need to support organisations working in the field of human rights protection peace building and violence prevention needs to be spelled out.
Amendment 46 Article 2, paragraph 1, point (c), introductory wording
(c) the strengthening of the international framework for the protection of human rights, the rule of law and the promotion of democracy, in particular by	(c) the strengthening of the international framework for the protection of human rights, the rule of law and the promotion of democracy, and in particular by:
Justification
Language amendment.
Amendment 47 Article 2, paragraph 1, point (c), point (i)
i) providing support for specific international and regional instruments concerning human rights, justice and democracy;	i) providing support for specific international and regional instruments concerning human rights, justice, the rule of law and democracy;
Amendment 48 Article 2, paragraph 1, point (c), point (ii)
ii) fostering cooperation with multilateral and regional organisations;	ii) fostering cooperation with international and regional intergovernmental organisations;
Amendment 49 Article 2, paragraph 1, point (c), point (ii a) (new)
	iia) fostering cooperation between independent non-profit, non-state actors as defined in Article 9(1) and international and regional intergovernmental organisations; supporting activities by non-profit, non-state actors as defined in Article 9(1) aimed at promoting and monitoring the implementation of international and regional human rights instruments;
Justification
Increased focus is needed on the role of civil society organisations as interlocutors for regional and international intergovernmental organisations and on their role in the promotion and monitoring the implementation of international and regional human rights instruments.
Amendment 50 Article 2, paragraph 1, point (c), point (iii)
iii) promoting observance of international humanitarian law;	iii) promoting observance and monitoring the implementation of international humanitarian law;
Justification
This amendment should cover the cases where becoming a signatory to a treaty or an international convention requires a special implementing legislation – a change in the domestic law of a state party that will direct or enable to fulfil treaty obligations.
Amendment 51 Article 2, paragraph 1, point (d), introductory wording
(d) building confidence in democratic electoral processes, in particular	(d) enhancing the reliability of electoral processes, in particular:
Amendment 52 Article 2, paragraph 1, point (d), point (i)
i) through deployment of European Union Election Observation Missions;	i) through deployment of European Union Election Observation Missions, including where the host country has not issued an invitation, and by measures in support of non-profit, non-state actors as defined in Article 9(1), contributing to the implementation of the recommendations resulting from those missions;
Justification
Increased focus is needed on the follow-up of recommendations from the Election Observation Missions, in order to avoid that they will be just punctual events.
Amendment 53 Article 2, paragraph 1, point (d), point (ii)
ii) by contributing to developing electoral observation capacity at regional and local level, and supporting initiatives to enhance participation and trust in the electoral process;	ii) by contributing to developing electoral observation capacity at regional and local level, and supporting initiatives to enhance participation in the electoral process;
Amendment 54 Article 2, paragraph 1, point (d), point (ii a) (new)
	(iia) by assisting local non-profit, non-state actors as defined in Article 9(1) and democratic groups in monitoring and following up the electoral processes;
Justification
Increased focus is needed on capacity building for local independent, non-governmental, non-profit actors to increase their capacity to monitor and follow up electoral processes. This should however not lead to supporting government-related bodies, for they can easily be financed through geographical instruments.
Amendment 55 Article 2, paragraph 2
2. The promotion of gender equality, children’s rights, rights of indigenous peoples, and conflict prevention shall be taken into account as far as appropriate by all assistance measures referred to in this Regulation.	2. The promotion of gender equality, the rights of the child, rights of indigenous peoples, minorities and disabled persons, and conflict prevention shall be taken into account as far as appropriate by all assistance measures referred to in this Regulation.
Amendment 56 Article 3, paragraph 1
1. Community assistance under this Regulation shall be complementary to that provided for under the Regulations establishing the Instrument for Pre-accession Assistance, the European Neighbourhood and Partnership Instrument, the Development Cooperation Economic Cooperation Instrument, the Partnership Agreement between the Members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, on the other part, and the Instrument for Stability. Community assistance under this Regulation shall be provided if, and to the extent that, adequate assistance cannot alone be provided under these instruments, or if assistance can be provided more effectively under this Regulation.	1. Community assistance under this Regulation, on the one hand, and the assistance provided for under the related Community instruments for external assistance, on the other hand, shall be mutually complementary. Measures under the current instrument shall reinforce action under related external assistance instruments, taking into account the special character and features of the present instrument, notably the fact that Community assistance under this Regulation does not require the prior consent of the authorities of the host countries and that it is mainly channelled via non-governmental, non-profit human rights and democracy-promotion organisations.
Amendment 57 Article 3, paragraph 2
2. The Commission shall ensure that measures adopted under this Regulation are consistent with the Community's overall strategic policy framework and in particular with the objectives of the above instruments, as well as with other relevant Community measures and measures under the Treaty on European Union.	2. The Commission shall ensure that measures adopted under this Regulation are consistent with - but not subordinate to - the Community's overall strategic policy framework and in particular with the objectives of the above instruments, as well as with other relevant Community measures and measures under the Treaty on European Union. It shall also ensure that such measures are consistent with EU policy on the promotion of democracy and human rights, notably in light of the EU guidelines in that field.
Justification
This Regulation contributes to the general EU framework for the promotion of democracy and human rights. Measures adopted under it should therefore be coherent with the general EU policy, without however establishing any subordination relation between this instrument and the other community's instruments
Amendment 58 Article 3, paragraph 3
3. In order to enhance the effectiveness and consistency of Community and Member States assistance measures, the Commission shall promote close co-ordination between its own activities and those of the Member States, both at decision-making level and on the ground. 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 Community and Member States.	3. In order to enhance the effectiveness and consistency of Community and Member States assistance measures, the Commission shall ensure close co-ordination between its own activities and those of the Member States, both at decision-making level and on the ground. 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 Community and Member States.
Justification
This amendment is consistent with the initial proposal, but develops it further.
Amendment 59 Article 3, paragraph 4
4. The Commission shall seek regular exchanges of information with the European Parliament.	4. The Commission shall enter into a structural dialogue, as referred to in Article 16(4), with the European Parliament.
Justification
The procedure for a structured dialogue is described in the amendments to Article 16(4). This amendment adapts the regulation’s text to the formulation of declarations 4 and 5 annexed to the IIA FP 2007-2013 on the involvement of the EP under aspects of democratic scrutiny and coherence of external actions.
Amendment 60 Article 3, paragraph 5
5. The Commission shall conduct a dialogue with civil society on the implementation of the objectives of this Regulation.	5. The Commission and the Council shall conduct a dialogue with non-profit, non-state actors as defined in Article 9(1) at all levels, including in third countries, on the implementation of the objectives of this Regulation and on the implementation and evaluation of the Regulation itself.
Justification
It is important that local civil society in third countries is included in the dialogue. The local level is at several occasions left out in the text, although it is an important level for projects under this regulation.
Amendment 61 Article 4, point (c a) (new)
	ca) Support measures;
Justification
As new elements are introduced, these measures also need to be mentioned.
Amendment 62 Article 4, point (c b) (new)
	cb) Ad hoc measures.
Justification
A new type of measures is introduced and therefore needs to be mentioned.
Amendment 63 Article 5, paragraph 1
1. Strategy Papers shall set out the Community's strategy for Community assistance under this Regulation, the Community's priorities, the international situation and the activities of the main partners.	1. Strategy Papers shall set out the Community's strategy and priorities for attaining the objectives laid down in Article 1, having regard to Articles 2 and 3, and for delivering Community assistance under this Regulation, as well as the Community's priorities, the international situation and the activities of the main partners.
Justification
It seems important to remind that the Community's strategy for assistance under this Regulation must comply with the objectives, scopes and complementarity principle, as defined above.
Amendment 64 Article 5, paragraph 2
2. Strategy papers shall set out the priority areas selected for financing by the Community, the specific objectives, the expected results and the performance indicators. They shall also give the indicative financial allocation, both overall and per priority area; this may be given in the form of a range, where appropriate.	2. Strategy papers shall set out the priority areas selected for financing by the Community, the specific objectives, the expected results and the performance indicators. They shall also, without prejudice to the powers of the budgetary authority, give the indicative financial allocation, both overall and with an indicative breakdown of resources per priority area; this may be given in the form of a range, where appropriate.
Justification
Complying with the Declaration on democratic scrutiny and coherence of external actions annexed to the Interinstitutional Agreement on budgetary discipline and sound financial management of 17 may 2006.
Amendment 65 Article 5, paragraph 3
3. Strategy Papers, and any revisions or extensions thereof, shall be adopted in accordance with the procedure laid down in Article 16(2). They shall cover no more than the period of validity of this Regulation. Strategy papers shall be reviewed at mid-term, or ad hoc if necessary.	3. Strategy Papers, and any revisions or extensions thereof, shall be adopted in accordance with the procedure laid down in Article 16(2). They shall cover no more than the period of validity of this Regulation. Strategy papers shall be reviewed at mid-term, after three years at the latest, or ad hoc if necessary.
Justification
Complying with the Declaration on democratic scrutiny and coherence of external actions annexed to the Interinstitutional Agreement on budgetary discipline and sound financial management of 17 may 2006.
Amendment 66 Article 5, paragraph 4
4. The Commission and Member States shall consult each other, as well as other donors and actors including representatives of civil society, at an early stage of the programming process in order to promote complementarity among their cooperation activities.	4. The Commission and Member States shall exchange information and consult each other, as well as other donors and actors including representatives of non-profit, non-state actors as defined in Article 9(1), at an early stage of the programming process in order to promote complementarity among their cooperation activities.
Amendment 67 Article 5, paragraph 4 a (new)
	4a. In compliance with Article 16(4), the Commission shall consult the European Parliament at an early stage of the strategic programming process and seek to take due account of its positions. It shall also keep the European Parliament fully informed and shall associate it in the review process.
Justification
Strategy papers are not only implementation documents. They also set out the priority areas, objectives, and expected results of the financing of the Community and give the indicative financial allocations. They can thus be assimilated to policy documents. It is therefore only normal for the European Parliament to be fully associated to their drafting and review process.
Amendment 68 Article 6, paragraph 2
2. Annual 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. Objectives shall be measurable and have time bound benchmarks.	2. Annual 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 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. Objectives shall be measurable and have time bound benchmarks.
Justification
Former EIDHR has been accused of excessive rigidity and bureaucracy. A new instrument will need more flexibility. But this amendment should also be seen as having a positive approach. This instrument, as well as its predecessor, needs to support new innovative methods. It is important that lessons learned from these are taken into account in future actions.
Amendment 69 Article 6, paragraph 3
3. Annual Action Programmes, and any revisions or extensions thereof, shall be adopted in accordance with the procedure laid down in Article 16(2). In cases where amendments to Annual Action Programmes do not exceed 20% of the global amount allocated to them, such amendments shall be adopted by the Commission. It shall inform the Committee referred to in Article 16(1).	3. Annual Action Programmes, and any revisions or extensions thereof, shall be adopted in accordance with the procedure laid down in Article 16(2). In cases where amendments to Annual Action Programmes do not exceed 20% of the global amount allocated to them, such amendments shall be adopted by the Commission. It shall inform the Committee referred to in Article 16(1) and the European Parliament.
Justification
The percent is higher than needed and would limit the EP budgetary rights without informing it.
Amendment 70 Article 6, paragraph 4
4. In case an Annual Action Programme has not yet been adopted, the Commission may exceptionally, on the basis of the Strategy Papers referred to in Article 5, adopt measures not provided for in an Annual Action Programme under the same rules and procedures as for Annual Action Programmes.	4. In case an Annual Action Programme has not yet been adopted, the Commission may exceptionally, on the basis of the Strategy Papers referred to in Article 5, adopt measures not provided for in an Annual Action Programme under the same rules and procedures as for Annual Action Programmes. Article 10(2b) shall apply.
Amendment 71 Article 6, paragraph 4 a (new)
	4a. In compliance with Article 16(4), the Commission shall consult the European Parliament at an early stage of the yearly programming process and seek to take due account of its positions.
Justification
This amendment is in accordance with other amendments regarding the role of the European Parliament
Amendment 72 Article 7, paragraph 1
1. Notwithstanding Article 5, in the event of unforeseen needs or exceptional circumstances, the Commission may adopt Special Measures not covered in Strategy Papers.	1. Notwithstanding Article 5, in the event of unforeseen needs or exceptional circumstances, the Commission may adopt Special Measures not covered in the Strategy Papers.
Justification
Language amendment.
Amendment 73 Article 7, paragraph 2
2. Special Measures shall specify the objectives pursued, the areas of activity, the expected results 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. Special Measures shall specify the objectives pursued, the areas of activity, the expected results 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. Objectives pursued and areas of activities for Special Measures shall be adopted by the Commission taking into account resolutions adopted by the European Parliament on breaches of human rights, democracy and the rule of law.
Amendment 74 Article 7, paragraph 3
3. Where the cost of such measures exceeds EUR 5 million, the Commission shall adopt them in accordance with the procedure laid down in Article 16(2).	3. Where the cost of such measures exceeds EUR 2 million, the Commission shall adopt them in accordance with the procedure laid down in Article 16(2).
Justification
This amendment lowers the threshold for when decisions on Special Measures are subject to the Management procedure.
Amendment 75 Article 7, paragraph 4
4. For Special Measures below EUR 5 million, the Commission shall send the measures to the Member States for information within one month of adopting its decision.	4. For Special Measures below EUR 2 million, the Commission shall send the measures to the Member States and the European Parliament for information within one month of adopting its decision.
Justification
This amendment is in accordance with other amendments regarding the role of the European Parliament. It also lowers the threshold for when decisions on Special Measures are subject to the Management procedure.
Amendment 76 Article 8, paragraph 1
1. Community financing under this Regulation 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, such as studies, meetings, information, training and publication activities, expenditure associated with computer networks for the exchange of information, and any other administrative or technical assistance necessary for the management of the programme. It may also cover expenditure, where appropriate, for actions for highlighting the Community character of the assistance measures, for activities to explain the objectives and results of assistance measures to the general public in the countries concerned.	1. Community financing under this Regulation 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, such as studies, meetings, information, training and publication activities, including training and educational measures for partners from non-profit, non-state actors as defined in Article 9(1) enabling them to take part in the various stages of the programme, expenditure associated with computer networks for the exchange of information, and any other administrative or technical assistance necessary for the management of the programme. It may also cover expenditure, where appropriate, for actions for highlighting the Community character of the assistance measures, for activities to explain the objectives and results of assistance measures to the general public in the countries concerned.
Justification
As the instrument is focused on civil society, sometimes with limited resources, it could be useful to indicate that support measures should be directed to beneficiaries as well.
Amendment 77 Article 8, paragraph 2
Community financing shall also cover expenditure at Commission delegations on the administrative support needed to manage operations financed under this Regulation.	2. Community financing may also cover expenditure at Commission delegations on the administrative support needed to manage operations financed under this Regulation.
Justification
Financing administrative expenditure may be a possibility but is not an obligation.
Amendment 78 Article 8, paragraph 2 a (new)
	2a. When applying paragraphs 1 and 2, the Commission shall ensure that support measures are proportional to, and adequate for the purposes of achieving, the expected results, and that they do not exceed 5% of the instrument's overall allocated amount.
Justification
In the interests of the sound management of public finances, support measures must remain proportional and adequate, and should not exceed 5% of the overall amount.
Amendment 79 Article 8 a (new)
	Article 8a
	Ad hoc measures
	1. Notwithstanding Article 5, and in accordance with point (ba) of Article 12(1), the Commission may allocate grants, on an ad hoc basis, aimed at:
	(a) supporting the functioning of local independent non-profit, non-state actors as defined in Article 9(1), and more specifically the functioning of those facing difficulties, particularly in obtaining legal registration in their country;
	(b) responding to the urgent protection needs of human rights defenders, including democracy activists, facing an imminent danger related to their activities in the field of democracy and human rights promotion, notably in light of the EU guidelines on human rights defenders and of the Council's first review of their implementation;
	2. The Commission shall regularly and duly inform the European Parliament and the Member States of those ad hoc measures. It shall also provide the European Parliament with all information and details requested concerning the payments made in this framework so as to enable the European Parliament fully to perform its task of budgetary scrutiny.
Justification
There is need for greater flexibility for delegations, to be able to efficiently respond to crisis situations
Amendment 80 Article 9, paragraph 1
1. Without prejudice to Article 13, the following bodies and actors shall be eligible for funding under this Regulation for the purposes of implementing the assistance measures referred to in Articles 6 and 7:   a) civil society and community based organisations and networks thereof at national, regional and international level;   b) public or private sector non-profit agencies, institutions and organisations and networks at national, regional and international level;   c) international and regional inter-governmental organisations;   d) natural persons when this is necessary to achieve the objectives of this Regulation.	1.  Without prejudice to Article 13, assistance measures referred to in Articles 6 and 7 shall be implemented mainly through independent non-state, non-profit actors eligible for financial support under this Regulation, which include:   non governmental organisations, organisations representing indigenous peoples, organisations representing national and/or ethnic minorities, local citizens' groups, cooperatives, trade unions, organisations fighting corruption and fraud and promoting good governance, civil rights organisations and organisations fighting discrimination, local organisations (including networks), women's and youth organisations, teaching, cultural, research and scientific organisations, universities, churches and religious associations and communities, the media and any non-governmental associations and foundations, including political foundations, acting in the field of democracy and human rights promotion, peace building and the prevention of violence at local, national, regional and international level that are likely to contribute to the attainment of the objectives of this Regulation.   Local organisations that are not officially registered in their country but fall into the category of potential beneficiaries shall also have access to the Community’s funds under this Regulation.
Amendment 81 Article 9, paragraph 2
2. Other bodies or actors not listed in paragraph (1) can be financed when this is necessary to achieve the objectives of this Regulation.	2. Without prejudice to Article 13, other bodies and actors shall also be eligible for funding under this Regulation, namely:   (a) public or private sector non-profit agencies, institutions or organisations – including parliamentary bodies – , and networks at local, national, regional, and international level, acting in the field of democracy and human rights promotion;   (b) international and regional inter-governmental organisations acting in the field of democracy and human rights;   (c) natural persons when this is necessary to achieve the objectives of this Regulation;   (d) exceptionally, entities which do not have legal personality under applicable national law, provided that their representatives have the capacity to undertake legal obligations on their behalf and assume financial liability.
Amendment 82 Article 10, paragraph 2 a (new)
	2a. Such bodies shall comply with the following criteria:
	(i) they must have legal status and be governed by the law of one of the Member States, one of the States of the European Economic Area (EEA) or a country that is a candidate for membership of the European Union or, if appropriate, by the law of any other state;
	(ii) they must have sufficient staff with the appropriate professional and linguistic skills to work in an international cooperation environment;
	(iii) they must have an appropriate infrastructure available, in particular ICT equipment and means of communication;
	(iv) they must work in an administrative environment allowing them to implement their tasks properly and avoid any conflict of interests;
	(v) they must be able to apply the grant management rules and the contractual conditions laid down at Community level;
	(vi) they must have sufficient financial guarantees and an administrative capacity appropriate to the volume of Community funds that they will have to manage;
	(vii) they must comply with the principles of transparency, equal treatment and non-cumulation vis-à-vis other Community funds, and the obligation to recover any funds due from the beneficiaries;
	(viii) they must operate in accordance with the rules of sound financial management, suitable procedures, monitoring systems, accounting systems and procedures for the award of contracts and grants.
Justification
As defined in the revised Implementing Rules (IR) of the Financial Regulation (FR)
Amendment 83 Article 10, paragraph 2 b (new)
	2b. For the purposes of this Regulation, the term “cases of urgency” used in Article 110(1) of Regulation (EC, Euratom) No 1605/2002 shall be understood to mean the sudden development of situations in third countries that pose a serious threat to human rights and fundamental freedoms, or to individual human rights defenders, or to the development of democracy in the country concerned. The Commission’s award decision shall substantiate each case of urgency.
Justification
More flexibility in implementation could eventually be achieved if recourse to the exception from the rule of calls for proposals would be made easier.
Amendment 84 Article 11, paragraph 1
1. Budget commitments shall be made on the basis of decisions taken by the Commission in accordance with Articles 6, 7 and 8.	1. Budget commitments shall be made on the basis of decisions taken by the Commission in accordance with Articles 6, 7, 8, 8a and 10(2b).
Justification
A new assistance measure has been introduced (Ad hoc measures, cf. article 8a), which also needs to be added in this paragraph.
Amendment 85 Article 12, paragraph 1, point (b a) (new)
	ba) grants to support human rights defenders and fund the emergency measures necessary to protect the lives, physical integrity and freedom of, and provide legal assistance for, human rights defenders at risk;
Amendment 86 Article 12, paragraph 1, point (b a) (new)
	ba) grants to finance measures described in Article 8a, notably the functioning of entities which pursue an aim of general European interest or have an objective forming part of a European Union policy as defined in point (b) of Article 108(1) of Regulation (EC, Euratom) No 1605/2002;
Amendment 87 Article 12, paragraph 1, point (b b) (new)
	bb) grants to support the operating costs of the Offices of the UN High Commissioner for Human Rights and of the UN Special Representatives and Rapporteurs acting in the field of democracy and human rights;

Amendment 88

Article 12, paragraph 1, point (c)

(c) grants to support operating costs of the European Inter-University Centre for Human Rights and Democratisation (EIUC), in particular for the European Master’s Degree Programme in Human Rights and Democratisation and the EU-UN Fellowship Programme, fully accessible to nationals of third countries, as well as other education, training and research activities promoting human rights and democratisation;	(c) in addition to grants to support the operating costs of institutions contributing to the achievement of the objectives of this Regulation, pursuant to point (ba), grants to support the operating costs of the European Inter-University Centre for Human Rights and Democratisation (EIUC), in particular for the European Master’s Degree Programme in Human Rights and Democratisation and the EU-UN Fellowship Programme, fully accessible to nationals of third countries, as well as other education, training and research activities promoting human rights and democratisation;

Amendment 89 Article 12, paragraph 2, point (d)
d) companies, firms, other private organisations and business, and other non-state actors.	d) companies, firms, other private organisations and business, trade unions, trade union federations and other non-state actors, provided that they meet the internationally accepted standards in terms of democracy and human rights necessary for achievement of the measures referred to in this Regulation.
Amendment 90 Article 13, paragraph 2 a (new)
	2a. In duly substantiated cases, the Commission may authorise the participation in the award of procurement or grant contracts financed under this Regulation of natural and legal persons from third countries.
Justification
It widens the scope of Art.2 in case that the third country does not fulfil the rule of established "reciprocal access".
Amendment 91 Article 13, paragraph 7
7. Whenever Community assistance covers an operation implemented through an international organisation, participation in the appropriate contractual procedures shall be open to all natural persons and legal persons who are eligible pursuant to this Article as well as to all natural persons and legal persons who are eligible pursuant to the rules of that organisation, care being taken to ensure that equal treatment is afforded to all donors. The same rules shall apply in respect of supplies, materials and experts.	7. Whenever Community assistance covers an operation implemented through an international organisation, participation in the appropriate contractual procedures shall be open to all natural persons and legal persons who are eligible pursuant to this Article as well as to all natural persons and legal persons who are eligible pursuant to the rules of that organisation, so long as they are in conformity with the objectives of this Regulation, care being taken to ensure that equal treatment is afforded to all donors. The same rules shall apply in respect of supplies, materials and experts.
Justification
This amendment stresses the need for conformity with the objectives of the Regulation.
Amendment 92 Article 13, paragraph 12
12. Tenderers who have been awarded contracts shall respect internationally agreed core labour standards, such as ILO core labour standards, conventions on freedom of association and collective bargaining, elimination of forced and compulsory labour, elimination of discrimination in respect of employment and occupation, and the abolition of child labour.	12. Those who have been awarded contracts shall respect internationally agreed core labour standards, such as ILO core labour standards, conventions on freedom of association and collective bargaining, elimination of forced and compulsory labour, elimination of discrimination in respect of employment and occupation, and the abolition of child labour.
Justification
Language amendment.
Amendment 93 Article 15, paragraph 1
1. The Commission shall regularly monitor and review its programmes, and evaluate the effectiveness of programming in order to ascertain whether the objectives have been met and to enable it to formulate recommendations with a view to improving future operations.	1. The Commission shall regularly monitor and review its programmes. It shall also ensure that evaluations are carried out in order to ascertain whether the objectives have been met and to enable it to formulate recommendations with a view to improving future operations. This shall be done after three years at the latest. Evaluations shall be independent and may consequently not be carried out by personnel and/or bodies involved with the implementation of the programme. They shall be based as far as possible on a measurable and comparable benchmark system.
Justification
Evaluations must be independent to have any credibility.
Amendment 94 Article 15, paragraph 2
2. The Commission shall send its evaluation reports to the Committee referred to in Article 16(1) and to the European Parliament for information. Member States may request discussion of specific evaluations in the Committee referred to in Article 16(1). The results shall feed back into programme design and resource allocation.	2. The Commission shall send its evaluation reports to the Committee referred to in Article 16(1) and to the European Parliament. Member States and the European Parliament may request discussion of specific evaluations in the Committee referred to in Article 16(1). The results shall feed back into programme design and resource allocation.
Amendment 95 Article 16, title
Committee	Committee and structured dialogue with the European Parliament
Justification
In accordance with amendments to Article 16(4), the title needs to be amended.
Amendment 96 Article 16, paragraph 4
4. The minutes of the Committee meetings shall be sent to the European Parliament for information.	4. A structured dialogue with the European Parliament shall take place using the following procedure: (a)the Commission shall enter into a regular dialogue with the European Parliament on the content of Strategy Papers and Annual Action Programmes as referred to in Articles 5 and 6; (b) the Commission shall send to the European Parliament all draft measures to be submitted to the Committee established under Article 16 at the same time as they are transmitted to the Member States; the European Parliament will also receive a copy of the agenda prior to the relevant committee meeting and, subsequently, a copy of the minutes of that meeting; (c) the dialogue shall take place during a meeting of the relevant parliamentary committees; (d) representatives of the relevant parliamentary committees shall prepare that dialogue, together with Council and Commission representatives, in the framework of regular joint meetings, with a special focus on the political and strategic elements of this Instrument; (e) the Commission shall take due account of that dialogue in the determination and implementation of Strategy Papers and Annual Action Programmes as provided for in Articles 5 and 6; (f) the Commission shall establish, at inter-service level, a regular exchange of information with the European Parliament and the Council ;   (g) The Commission shall regularly consult with the European Parliament and the Council before establishing the list of country priorities for election observation missions.
Amendment 97 Article 17, paragraph 2
2. The annual report 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 payments, broken down according to global, regional, and country measures, and fields of assistance. It will assess the results of assistance in meeting the objectives of this Regulation.	2. The annual report 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 payments, broken down according to global, regional, and country measures, and fields of assistance. It will assess the results of assistance in meeting the objectives of this Regulation, and in ensuring that the actions funded are complementary and additional to the promotion of democracy and human rights under other EU external assistance programmes.
Amendment 98 Article 18
The financial reference amount for the implementation of this Regulation for the period 2007-2013 shall be EUR 1.103,702 million. Annual appropriations shall be authorised by the budgetary authority within the limits of the Financial Perspective 2007 – 2013.	1. The financial reference amount for the implementation of this Regulation for the period 2007-2013 shall be at least EUR 1.103,702 million. Annual appropriations shall be authorised by the budgetary authority within the limits of the Financial Perspective 2007 – 2013. Exceptional circumstances shall be taken into account..
	2. The total expenditure for application of point (d) of Article 1(2) (electoral observation missions) shall not exceed 15% of the total budget for implementing this Regulation.
	3. The total expenditure for application of Article 7 (Special Measures) shall not exceed 8% of the total budget for implementing this Regulation.
	4. The total expenditure for application of Article 8a (Ad hoc measures) shall not exceed 8% of the total budget for implementing this Regulation.
	5. The total expenditure for application of Article 8 (Support measures) shall not exceed 5% of the total budget for implementing this Regulation.
Amendment 99 Article 18, paragraph 1 a (new)
	At least 66% of funding for the implementation of this Regulation shall be earmarked for actions by non-profit, non-state actors as defined in Article 9(1).
Amendment 100 Article 19
The Commission shall submit to the European Parliament and to the Council, by 31 December 2010, a report evaluating the implementation of this Regulation in the first three years, if appropriate with a legislative proposal introducing the necessary modifications to the instrument.	The Commission shall submit to the European Parliament and to the Council, by 30 April 2009, a report evaluating the implementation of this Regulation in the first three years. Should the review process, with which the European Parliament will be closely associated, identify dysfunctions that require an adaptation of this Regulation, the Commission shall submit a legislative proposal introducing the necessary modifications to the instrument.

EXPLANATORY STATEMENT

1.    Introduction

The Treaty on the European Union clearly states that the objectives of the common foreign and security policy is to develop and consolidate democracy and the rule of law, and the respect for human rights and fundamental freedoms.[2]

The legislative proposal updates one of the most visible instruments the European Union has in order to achieve this objective - its dedicated Democracy and Human Rights programme.

In the context of the next Financial Perspectives 2007-2013, the Commission proposed a simplified structure for the delivery of the Community's external assistance, presenting six instruments, three of them with a horizontal design and the other three with a geographical coverage. The proposal was to replace current legislation with a thematic programme on democracy and human rights, within the framework of and by drawing resources from four of these instruments.

However, the position of the European Parliament regarding the future of the European Initiative for Democracy and Human Rights (EIDHR), which it formed in 1992, was clear from the beginning. The Parliament requested a specific instrument, not a thematic programme, for the promotion of democracy and human rights, in order to guarantee the visibility, independence, flexibility, coherence and feasibility.

The current proposal is thus the result of long negotiations between the institutions, and would not have been achieved without the determination and insistence of the European Parliament. It has thus been possible to incorporate agreements reached for the other regulations on a variety of issues, ranging from the general framework for implementation, eligibility, rules of participation and of origin, as well as conditions for revision. The structure is now similar to other instruments, contributing to the simplification and streamlining of external aid management procedures.

The regulation, based on recent experiences from the previous EIDHR, will have a global capacity, with a particular focus on civil society. Like its predecessor, assistance will not require host government consent. The financial reference amount for implementation is proposed to EUR 1.103, 702 million. Commitments proposed range from EUR 130,673 million for the first year (compared to EUR 122 million EIDHR in the 2006 budget, achieved after an increase of EUR 31 million by the European Parliament, compared to the PDB) to EUR 151,873 the fifth year, and EUR 320',533 for the last year.

General appraisal of the proposal

Doubtless, the European Union needs an efficient instrument for promoting democracy and human rights, both strategic and flexible in its approach, and complementing existing instrument and tools. While taking some steps in this direction, there is still room for improvements in the proposal. A series of recent studies into the EIDHR[3], have been largely critical of its structure, strategy and implementation. This is in contrast to the period from 1992-1999 when the programme was generally praised for its effectiveness, adaptability and engagement.

The link between the two components, democracy and human rights, is well defined in the document, stating that "the fundamental freedoms of expression and association are the preconditions for political pluralism and democratic process, whereas democratic control and separation of powers are essential to sustain an independent judiciary and the rule of law which in turn are required for effective protection of human rights."[4] This approach is very welcomed.

In order to be able to contribute in a decisive way to democratic changes and to the respect for human rights and fundamental freedoms in critical situations, the instrument needs to be more strategic and focused than its predecessor, latterly criticised for spreading resources too thinly and for trying to meet too many objectives at the same time. Many of these strategic choices will be made within the strategy document, elaborated in parallel with the negotiations on the legislative proposal, which increases the importance of the programming document, and the involvement of the European Parliament .

The need for a strategic approach is even more important, as we can see that democracy and the respect for human rights are under increasing threats around the world, and that civil society organisations are experiencing a more difficult climate to work in, sometimes due to very restrictive legislation, as has been the case i.e. in Russia.

A more repressive environment stresses the need for more innovative working methods and more flexibility in implementation. Practical experience under the current EIDHR shows that governments can block funding for projects, even if host government consent is not a prerequisite for carrying out actions. Refusal of formal recognition of NGOs, has been another way to hamper their activities or capacity to receive external contributions. The EU's own Financial Regulation has not so far allowed for funding to a non registered organisation. Wide-ranging conditions for eligibility are thus one of the important aspects that need to be addressed, and the proposal to include natural persons when necessary, is appropriate in this field.

Promotion of democracy and human rights is of course not limited to this instrument, which should be a complement to the geographical instruments and the stability instrument. Significant resources will be allocated within multiannual geographical and development programmes and there is a clear need for reinforcement of democracy and human rights in these programmes. But this instrument is different in nature, focusing primarily on civil society, by its global scope and without need for agreement with the partner country. Complementarity with the other instruments cannot be limited to applying the EIDHR when others are not possible, but by exploiting its different nature to achieve the same objectives. Projects run by NGOs could, for example, complement and follow-up programmes implemented through geographical programmes and/or by international organisations or election observation missions.

This instrument also needs to reinforce other mechanisms within EU policies touching on democracy and human rights, including political, financial incentives, conditionalities and sanctions under the human rights and democracy clauses. More concretely, it should also be a direct tool for supporting the EU Guidelines on Human rights issues[5].

The budget commitments are still modest, but in an environment in which the agreement on the Financial Perspectives puts external actions under severe constraints, the fact that the instrument is given more financial resources than its predecessor, must be received positively and coincides with the priorities of the European Parliament.

Key points

1. Objectives and scope

The maintenance of civil society as a central pillar of the instrument is a welcome approach, but can still be spelled out more precisely. In fact, in the objectives it is not clearly stated that the direct support to an independent civil society is one of the aims of the instrument. The definition of civil society should be as wide as possible.

A new structure for this chapter is proposed, in order to make it more clear and precise.

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

The role of the Parliament has been one of the main issues during the negotiations on the other financial instruments for external assistance, partly due to the fact that the new regulations are more framework legislation than previously, leaving important policy choices to the implementation stage. This regulation must at least take the role of the Parliament to the same point as has been agreed in other instruments. The proposal says that the European Parliament will receive an annual report, evaluation reports, and minutes from the Democracy and Human Rights Committee, which in this report will be completed by other amendments in the same direction, i.e. by proposing a procedure for a structured dialogue, considering a joint working group between the institutions as an option.

Another issue, though closely linked, is the role of parliaments in promotion of democracy and human rights.

3. Flexibility

In order to be able to work efficiently, the instrument needs to be more flexible than has hitherto been the case. The shortcomings of the former initiative, to a great extent due to excessive rigidity and bureaucracy, which has put serious constraints to the possibility to deal with difficult situations, must be addressed. Recent changes proposed for the financial regulation, allowing on-granting as well as the possibility for non-registered organisations to receive funding, will hopefully respond to some of the previous concerns. The proposed special measures, enabling actions not foreseen in the programming document, will facilitate the possibility of a quick response to urgent needs, but we are also proposing other initiatives, like a special envelope in order to help human right defenders in emergency situations, or the possibility for small grants at the level of delegations, which are not subject to call for proposals or micro projects procedures, particularly aimed at local non-recognised organisations. For extremely difficult situations, where foreign contributions can put local organisations in danger, other more indirect methods of support needs to be developed, facilitating what is called deniability.

4. Complementarity

The regulation states that "Community assistance under this regulation shall be provided if, and to the extent that, adequate assistance cannot alone be provided under these instruments, or if assistance can be provided more effectively under this Regulation". This formulation could be understood as if there were a hierarchy between the instruments, as if the Democracy and Human Rights instruments would be subordinated rather than complementing the other instruments. The concept of complementarity is therefore to be further developed.

5. Review

Like the other instruments, the proposal now contains a review clause, stating that an evaluation of the three first years of implementation should be presented by 31 December 2010 at the latest. We would like to underline the importance of this review to be undertaken during 2009 and urge that the report be presented at the earliest possible date.

• [1]  OJC 139, 14.6.2006, p.1.
• [2]  Article 11(1) TEU
• [3]  Bertelsmann Foundation, Efficiency First: Towards a coherent EU strategy for Belarus (February 2005); Centre For European Policy Studies, Promoting Democracy through Civil Society: How to step up the EU's policy towards the Eastern Neighbourhood (February 2006); Centre For European Reform, Bulletin Issue 45, The EU needs a policy on Belarus (January 2006); Centre For European Reform, Policy Brief, 'The EU's awkward neighbour: time for a new policy on Belarus' (March 2006); Club Of Madrid
  The European Neighbourhood Policy as a Conflict Prevention Tool (June 2006); European Commission, COM(2001) 252: The EU's Role in Promoting Human Rights and Democratisation in Third Countries (May 2001); Foreign Policy Centre, London: EU and Democracy Promotion in the Arab-Muslim world (November 2002); F.M Partners Limited (Study for a number of pro-democracy NGOs), Striking a balance: Efficiency, effectiveness and accountability. The Impact of the EU Financial Regulation on the relationship between the European Commission and non-governmental organisations (April 2005); Human Rights & Democracy Network, Brussels, Experience of working with the European Initiative for Democracy and Human Rights (July 2005); National Endowment For Democracy, prepared for Senator G. Lugar, Chairman, Committee on Foreign Relations, The Backlash against Democracy Assistance (June 2006); Netherlands Institute For Multiparty Democracy: Study, No lasting peace and prosperity without democracy and human rights: Harnessing debates on the EU's future financial instruments (July 2005); Stefan Batory Foundation&Association For International Affairs: Study, Effective Policy towards Belarus: A challenge for the enlarged EU (April 2005); FRIDE, Survey of European Democracy Promotion Policies 2000-2006 (August 2006).
• [4]  COM (2006)354, recital 7
• [5]  Guidelines to EU policy towards this countries on the death penalty, June 1998; Guidelines to EU policy towards third countries on torture and other cruel, inhuman or degrading treatment or punishment, April 2001; EU Guidelines on children and armed conflict, December 2003; EU Guidelines on human rights defenders, June 2004

OPINION of the Committee on Development (3.10.2006)

for the Committee on Foreign Affairs

on the proposal for a Regulation of the European Parliament and of the Council establishing a financing instrument for the promotion of democracy and human rights worldwide (European Instrument for Democracy and Human Rights)
(COM(2006)0354 – C6‑0206/2006 – 2006/0116(COD))

Draftsman (*): Alessandro Battilocchio

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

am

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	Amendments by Parliament
Amendment 1 Recital 1, first sentence
(1) A new framework for planning and delivering assistance is proposed in order to make the Community’s external assistance more effective.	(1) A new framework for planning and delivering assistance is proposed in order to make the Community’s external assistance more effective and transparent.
Justification
It is essential to guarantee citizens and their elected representatives a high standard of transparency in the procedures for the planning and delivery of external assistance.
Amendment 2 Recital 4
(4) The European Consensus on Development jointly agreed by the Council and the representatives of the governments of the Member States meeting within the Council, the European Commission and the European Parliament underlines that “progress in the protection of human rights, good governance and democratisation is fundamental for poverty reduction and sustainable development"	(4) The European Consensus on Development jointly agreed by the Council and the representatives of the governments of the Member States meeting within the Council, the European Commission and the European Parliament underlines that “progress in the protection of human rights, good governance and democratisation is fundamental for poverty reduction and sustainable development". Such policies therefore strongly contribute to the achievement of the Millennium Development Goals on poverty eradication, to which the European Union committed itself in 2000 (MDGs);
Justification
The reference to the European consensus is appropriate, but the Millennium Development Goals should also be mentioned.
Amendment 3 Recital 6
(6) The Community’s contribution to the development and consolidation of democracy and the rule of law, and of respect for human rights and fundamental freedoms is rooted in the general principles established by the International Bill of Human Rights, and any other Universal Human Rights Instrument adopted within the framework of the United Nations;	(6) The Community’s contribution to the development and consolidation of democracy and the rule of law, and of respect for human rights and fundamental freedoms is rooted in the general principles established by the International Bill of Human Rights, and any other universal human rights instrument adopted within the framework of the United Nations, including the MDGs;
Amendment 4 Recital 6 a (new)
	(6a) Community assistance under this Regulation aims also at strengthening the capabilities of national parliaments to foster domestic and regional political stability;
Amendment 5 Recital 8
(8) Human rights may be considered in the light of universally accepted international norms, but democracy has to be seen as a process, developing from within, involving all sections of society and a range of institutions that should ensure participation, representation, responsiveness and accountability. The task of building and sustaining a culture of human rights and making democracy work for its citizens, though especially urgent and difficult in emerging democracies, is essentially a continuous challenge, belonging first and foremost to the people of the country concerned;	(8) Human rights and democratic principles and values may be considered in the light of universally accepted international norms, but the specific procedures for establishing institutions capable of ensuring respect for all democratic and human rights should be seen as a process, developing from within, involving all sections of society and a range of institutions that should ensure participation, representation, responsiveness and accountability. The task of building and sustaining a culture of human rights and making democracy work for its citizens, though especially urgent and difficult in emerging democracies, is essentially a continuous challenge, belonging first and foremost to the people of the country concerned but without diminishing the commitment of the international community;
Justification
While it needs stressing that the countries concerned are responsible first and foremost for establishing democracy, the commitment of the international community should also be mentioned.
Amendment 6 Recital 9
(9) In order to address the above issues in an effective, timely and flexible manner beyond the expiry of Council Regulation (EC) No 975/1999 and Council Regulation (EC) No 976/1999, which served as the legal base for the European Initiative for Democracy and Human Rights and which expire by 31 December 2006, specific financial resources and a self-contained financing instrument are required that can continue to work in an independent manner whilst remaining complementary to humanitarian aid and long term development and cooperation financing instruments;	(9) In order to address the above issues in an effective, transparent, timely and flexible manner beyond the expiry of Council Regulation (EC) No 975/1999 and Council Regulation (EC) No 976/1999, which served as the legal base for the European Initiative for Democracy and Human Rights and which expire by 31 December 2006, specific and adequate financial resources and a self-contained financing instrument are required that can continue to work in an independent manner whilst remaining complementary to humanitarian aid and long term development and cooperation financing instruments;
Justification
Language correction.
Amendment 7 Recital 10
(10) Community assistance under this Regulation is designed to complement the various other tools for implementation of EU policies on democracy and human rights, which range from political dialogue and diplomatic demarches to various instruments of financial and technical cooperation, including both geographic and thematic programmes. It will also complement the more crisis-related interventions of the Instrument for Stability;	(10) Community assistance under this Regulation is designed to complement the various other tools for the implementation of EU policies on democracy and human rights, which range from political dialogue and diplomatic demarches to various instruments of financial and technical cooperation, including both geographic and thematic programmes. It will also complement the more crisis-related interventions of the Instrument for Stability;
Justification
It is essential to guarantee citizens and their elected representatives a high standard of transparency in the procedures for the planning and delivery of external assistance.
Amendment 8 Recital 10 a (new)
	(10a) The activities of the beneficiaries funded under this instrument represent the concrete implementation of EU priorities in the fields of democracy and human rights and therefore any obstruction of such activities would amount to a contravention of the essential values of the Union;
Justification
It is necessary to clearly state the importance of the intended action under the instrument, which represent action promoting the fundamental principles and values of the Union underlining that a demonstrable and unjustified obstruction to such action amounts to a contravention of the Union's core values.
Amendment 9 Recital 11
(11) In particular, in addition and complementary to the measures agreed with partner countries in the context of the cooperation pursued under the Instrument for Pre-accession, the European Neighbourhood and Partnership Instrument, the Development Cooperation and Economic Cooperation Instrument, the Cotonou Agreement with ACP countries and the Instrument for Stability, the Community provides assistance under this Regulation that addresses global, regional and national human rights and democratisation issues in partnership with civil society;	(11) In particular, in addition and complementary to the measures agreed with partner countries in the context of the cooperation pursued under the Instrument for Pre-accession, the European Neighbourhood and Partnership Instrument, the Development Cooperation and Economic Cooperation Instrument, the Cotonou Agreement with ACP countries and the Instrument for Stability, the Community provides assistance under this Regulation that addresses global, national, regional and local human rights and democratisation issues in partnership with civil society;
Justification
In addition to the global, regional and national levels, this amendment, like several others following it, adds mention of the local level as a level of action. Action at local level can be appropriate insofar as it comes closest to the concrete concerns of the public. It also corresponds to the realities of certain countries where the accent needs to be laid on the protection of minorities or groups suffering from discrimination.
Amendment 10 Recital 12
(12) Furthermore, whilst democracy and human rights objectives are increasingly mainstreamed in all external assistance financing instruments, Community assistance under this Regulation will have a specific complementary role by virtue of its global nature and its independence of action from the consent of third country authorities. This makes possible cooperation with civil society on sensitive human rights and democracy issues, providing the flexibility to respond to changing circumstances or to support innovation. It also provides a Community capacity to articulate and support specific objectives and measures at international level, which are neither geographically linked nor crisis related, which may require a transnational approach or involve operations both within the Community and in a range of third countries. It provides the necessary framework for operations such as independent EU election observation requiring policy coherence, a unified management system and common operating standards;	(12) Furthermore, whilst democracy and human rights objectives should to be increasingly mainstreamed across all external assistance financing instruments, Community assistance under this Regulation will have a specific complementary role by virtue of its global nature and its independence of action from the consent of third country governments and other public authorities. This makes possible cooperation with civil society on sensitive human rights and democracy issues, providing the flexibility to respond to changing circumstances or to support innovation. It also provides a Community capacity to articulate and support specific objectives and measures at international level, which are neither geographically linked nor crisis related, which may require a transnational approach or involve operations both within the Community and in a range of third countries. It provides the necessary framework for operations such as independent EU election observation requiring policy coherence, a unified management system and common operating standards;
Justification
This amendment is in the spirit of the proposal, but strengthens it further by specifying the need for independence from government or other public authorities.
Amendment 11 Recital 12 a (new)
	(12a) Community assistance under this Regulation should include measures to build capacity for democratically elected parliaments and parliamentarians if the government of the country concerned opposes such capacity-building under the IPA, the European Neighbourhood and Partnership Instrument, the financing instrument for Development Cooperation and Economic Cooperation, the financing Instrument for Stability, and the Cotonou Agreement;
Justification
The strengthening of parliamentary institutions is one of the main levers for establishing and consolidating democracy in third countries, In most cases governments are unwilling to ask for aid for the reinforcement of parliamentary powers. It is thus essential that the Commission should systematically make this a requirement when negotiating national programmes with third-country governments on the basis of the regional instruments. The revised Cotonou Agreement includes explicit provision for parliaments to be beneficiaries of aid. The present instrument, while limited in terms of resources, will also help strengthen the parliamentary institutions as a subsidiary mean.
Amendment 12 Recital 13
(13) The 2001 “Guidelines for strengthening operational coordination between the Community, represented by the Commission, and the Member States in the field of external assistance” emphasise the need for enhanced coordination of EU external assistance in the fields of supporting democratisation and promoting respect for human rights and fundamental freedoms worldwide. The Commission and Member States shall ensure that their respective assistance measures are complementary;	(13) The 2001 “Guidelines for strengthening operational coordination between the Community, represented by the Commission, and the Member States in the field of external assistance” emphasise the need for enhanced coordination of the EU's overall external assistance in the fields of supporting democratisation and promoting respect for human rights and fundamental freedoms worldwide. The Commission and Member States shall ensure that their respective assistance measures are complementary and coherent;
Justification
Coordination must involve the Commission and Member States; in addition, a reference is added to the need for coherence.
Amendment 13 Recital 15
(15) The Commission needs to consult representatives of civil society, as well as other donors and actors, as early as appropriate in the programming process in order to facilitate their respective contributions and to ensure that assistance activities are as complementary to each other as possible;	(15) The Commission needs to consult the European Parliament and representatives of civil society, as well as other donors and actors, from an early stage in the programming process in order to facilitate their respective contributions and to ensure that assistance activities are as complementary to each other as possible and that they address the objectives determined in the most efficient and effective way;
Justification
Consultation should be extended to Parliament and should apply in all cases. The objective of effectiveness is also underlined.
Amendment 14 Recital 16
(16) The Community needs to be able to respond rapidly to unforeseen needs and in exceptional circumstances in order to enhance the credibility and effectiveness of its commitment to the promotion of democracy and human rights in countries where such situations arise. This requires the possibility for the Commission to decide on Special Measures not covered by Strategy Papers. This assistance management instrument corresponds to those included in the other external assistance financing instruments;	(16) The Community needs to be able to respond rapidly to unforeseen needs and in exceptional circumstances in order to enhance the credibility and effectiveness of its commitment to the promotion of democracy and human rights in countries where such situations arise. This requires the possibility for the Commission to decide on Special Measures not covered by Strategy Papers, after notifying the European Parliament. This assistance management instrument corresponds to those included in the other external assistance financing instruments;
Amendment 15 Article 1, paragraph 2, point (-a) (new)
	(-a) developing and consolidating democracy and the rule of law;
Justification
The strengthening of democracy and the rule of law needs to be mentioned at this stage.
Amendment 16 Article 1, paragraph 2, point (a)
(a) enhancing respect for human rights and fundamental freedoms where they are most at risk and providing support and solidarity to victims of repression and abuse;	(a) promoting respect for human rights and fundamental freedoms at a global level, with particular attention being given to places where they are most at risk and providing support and solidarity to victims of repression and abuse;
Justification
'Promoting' is stronger and thus more appropriate. While particular attention must be paid to human rights where they are most under threat, it needs to be more clearly stated at this stage that the instrument is conceived for the global level. The death penalty still exists in countries whose human rights records are not among the worst.
Amendment 17 Article 1, paragraph 2, point (c)
(c) supporting the international framework for the protection of human rights, the rule of law and the promotion of democracy;	(c) supporting and strengthening the international and regional framework for the protection of human rights, the rule of law and the promotion of democracy;
Justification
Strengthening the international and regional protective framework should also be an objective. Thus, some countries have yet to ratify certain international instruments. New instruments, e.g. for non-discrimination, could also be created.
Amendment 18 Article 1, paragraph 2, point (d)
(d) building confidence in democratic electoral processes through further development of electoral observation and assistance.	(d) building confidence in democratic electoral processes through the development of electoral observation and assistance, if such observation and assistance cannot be provided through other, more appropriate means;supporting independent civil society organisations and human rights defenders in the post-electoral process with a view to consolidating the democratisation of the countries concerned;
Amendment 19 Article 1, paragraph 2, point (d a) (new)
	(da) fighting against corruption where this cannot be done through other, more appropriate means;
Justification
The fight against corruption should also be mentioned, even if it can be conducted by other means, the present instrument having a complementary and subsidiary role. Corruption often lies at the heart of the state apparatus, and it may therefore happen that the Commission, when negotiating national programmes with third-country governments on the basis of the regional instruments or the Cotonou Agreement, does not manage to obtain full satisfaction in this field. The present instrument may prove a particularly useful complementary resource here.
Amendment 20 Article 2, paragraph 1, point (a) introductory part
(a) support for democracy and processes of democratisation, in particular by strengthening the role of civil society in	(a) support for democracy and processes of democratisation, in particular by strengthening the role of democratically elected parliaments and civil society in
Amendment 21 Article 2, paragraph 1, point (a), point (ii)
(ii) encouraging participatory decision-making processes at national, regional and local level, and promoting equal participation of men and women in civil society, economic and political life;	(ii) encouraging participatory decision-making processes at national, regional and local level, and promoting non-discrimination against minorities, which guarantee the equal participation of men and women in civil society, and equal opportunities in economic and political life;
Justification
Explicit mention should be made of minorities, whose situation is particularly disturbing in a number of countries, and also of equal participation.
Amendment 22 Article 2, paragraph 1, point (a), point (iii)
(iii) fostering mutual respect and pluralism both at the level of civil society and at the political level by promoting freedom of expression and assembly, an independent and responsible media, unimpeded access to information, and freedom of association;	(iii) fostering mutual respect and pluralism both at the level of civil society and at the political level by promoting freedom of expression, association and assembly, an independent and responsible media, and promoting unimpeded and equal access to informationpart, in particular for populations living under undemocratic regimes;;
Justification
The aim of this amendment is to group together the freedoms of expression, association and assembly, while also strengthening the reference to the media.
Amendment 23 Article 2, paragraph 1, point (a), point (iv)
(iv) strengthening the rule of law and encouraging legal reform, the independence of the judiciary, the fight against impunity and contributing to the establishment of transitional justice and reconciliation mechanisms, including support to the establishment and functioning of ad hoc international tribunals and the International Criminal Court;	(iv) strengthening the rule of law and encouraging legal reform, the independence of the judiciary, the fight against impunity and corruption and contributing to the establishment of transitional justice and reconciliation mechanisms, including support to the establishment and functioning of ad hoc international tribunals and the International Criminal Court;
Justification
Corruption is mentioned, in line with the amendment to Article 1. The proposed wording on the matter is stronger than what the Commission proposes, i.e. merely to encourage anti-corruption measures (Article 2(1)(a)(v).
Amendment 24 Article 2, paragraph 1, point (a), point (v)
v) supporting reforms to achieve effective democratic accountability and oversight, including oversight of the security sector, and encouraging measures against corruption;	v) supporting reforms to achieve effective and transparent democratic accountability and oversight, including oversight of the security sector;
Justification
It is essential to guarantee citizens and their elected representatives a high standard of transparency in the procedures for the planning and delivery of external assistance.
Amendment 25 Article 2, paragraph 1, point (b), point (i)
(i) the abolition of the death penalty, prevention of torture and ill-treatment and rehabilitation of victims of torture and human rights abuses;	(i) the abolition of the death penalty, the fight against human-rights abuses, in particular the prevention of torture and ill-treatment and the rehabilitation of victims;
Justification
The fight against torture should be mentioned alongside its prevention.
Amendment 26 Article 2, paragraph 1, point (b), point (ii a) (new)
	(iia) members of parliamentary bodies against whom prosecutions are brought preventing them from carrying out their electoral mandate;
Justification
The aim of this amendment is to extend the scope of the provision by enabling direct aid to parliamentarians who are prosecuted while carrying out their electoral mandate. Recently, parliamentarians have been subjected to arbitrary imprisonment or other forms of persecution by authoritarian regimes, following elections to which the EU had nonetheless sent an observation mission.
Amendment 27 Article 2, paragraph 1, point (b), point (iii)
(iii) the fight against racism and xenophobia, discrimination on any ground;	(iii) the fight against racism and xenophobia, discrimination on any ground, such as 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
It is preferable to spell out the possible forms of discrimination. This list is based on Article 21 of the Charter of Fundamental Rights of the Union.
Amendment 28 Article 2, paragraph 1, point (b), point (iv)
(iv) minorities, ethnic groups and indigenous peoples;	(iv) minorities, ethnic groups and indigenous peoples, in particular by combating discrimination against them;
Justification
The amendment is consistent with the rest of the article, while specifying the need to combat discrimination.
Amendment 29 Article 2, paragraph 1, point (b), point (v)
(v) the rights of women	(v) the rights and empowerment of women, including combating female genital mutilation, forced marriage, honour crimes and any other form of violence against women;
Justification
To raise awareness of the serious human rights abuses committed against women and to strengthen the text.
Amendment 30 Article 2, paragraph 1, point (b), point (vi)
(vi) the rights of children;	(vi) the rights of children, including the fight against child labour, trafficking and prostitution, and the recruitment and use of child soldiers;
Justification
The amendment specifies the most important violations of children's rights.
Amendment 31 Article 2, paragraph 1, point (b), point (vii)
(vii) core labour standards;	(vii) core labour standards, including the promotion of corporate social responsibility;
Justification
Corporate social responsibility needs to be mentioned.
Amendment 32 Article 2, paragraph 1, point (b), point (vii a) (new)
	(viia) the rights of disabled persons;
Justification
Disabled persons are particularly vulnerable to the violation of their human rights. Their rights are largely and regularly overlooked in the field of human rights and development cooperation. The UN Convention on the Rights of Disabled Persons is to be adopted by the General Assembly in autumn 2006. The new EU human rights instrument should, therefore, recognise the significance of this new UN Convention and the importance of giving explicit reference to the rights of disabled persons in a specific line on the rights of disabled persons.
Amendment 33 Article 2, paragraph 1, point (b), point (vii b) (new)
	(viib) refugees and displaced persons;
Justification
Improving the plight of the millions of people worldwide who were forced to flee their homes is a high priority of the European Union. Civil society should be supported in promoting human rights for displaced persons and refugees.
Amendment 34 Article 2, paragraph 1, point (c), introductory wording
(c) the strengthening of the international framework for the protection of human rights, the rule of law and the promotion of democracy, in particular by	(c) the strengthening of the international framework for the protection of human rights, the rule of law and the promotion of democracy, and in particular by
Justification
Language amendment.
Amendment 35 Article 2, paragraph 1, point (c), point (ii)
(ii) fostering cooperation with multilateral and regional organisations;	(ii) fostering cooperation with multilateral, regional and local organisations and civil society;
Justification
The local level is included, as in the amendment to recital 11, and the role of civil society is explicitly mentioned.
Amendment 36 Article 2, paragraph 1, point (c), point (iii)
(iii) promoting observance of international humanitarian law;	(iii) promoting observance and monitoring the implementation of international humanitarian law;
Justification
This amendment should cover the cases where becoming a signatory to a treaty or an international convention requires a special implementing legislation – a change in the domestic law of a state party that will direct or enable to fulfil treaty obligations.
Amendment 37 Article 2, paragraph 1 (d), point (i)
(i) through deployment of European Union Election Observation Missions;	(i) through deployment of European Union Election Observation Missions and the enhancement of transparent electoral processes, and through the assessment of post-electoral processes on the basis of clear and transparent criteria promoting of respect for human rights, the rule of law and democratic principles;
Justification
Mention is made of transparency in electoral processes and campaigns.
Amendment 38 Article 2, paragraph 1, point (d a) (new)
	(da) supporting and strengthening parliamentary democracy, in particular
	(i) through measures to build capacity for democratically elected parliaments if the government of the country concerned opposes such capacity-building under the IPA, the European Neighbourhood and Partnership Instrument, the financing Instrument for Development Cooperation and Economic Cooperation Instrument, the financing Instrument for Stability and the Cotonou Agreement;
	(ii) by supporting reforms to achieve effective democratic accountability and supervision, especially supervision of public finances and of the security sector and encouraging measures against corruption;
Justification
The strengthening of parliamentary institutions is one of the main levers for establishing and consolidating democracy in third countries, In most cases governments are unwilling to ask for aid for the reinforcement of parliamentary powers. It is thus essential that the Commission should systematically make this a requirement when negotiating national programmes with third-country governments on the basis of the regional instruments. The revised Cotonou Agreement includes explicit provision for parliaments to be beneficiaries of aid. The present instrument, while limited in terms of resources, will also help strengthen the parliamentary institutions as a subsidiary mean.
Amendment 39 Article 2, paragraph 2
2. The promotion of gender equality, children’s rights, rights of indigenous peoples, and conflict prevention shall be taken into account as far as appropriate by all assistance measures referred to in this Regulation.	2. The promotion of gender equality, children’s rights, the rights of minorities and indigenous peoples, the rights of disabled persons, and conflict prevention shall be taken into account by all assistance measures referred to in this Regulation.
Justification
The amendment adds explicit mention of minorities and disabled persons.
Amendment 40 Article 3, paragraph 1
1. Community assistance under this Regulation shall be complementary to that provided for under the Regulations establishing the Instrument for Pre-accession Assistance, the European Neighbourhood and Partnership Instrument, the Development Cooperation Economic Cooperation Instrument, the Partnership Agreement between the Members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, on the other part, and the Instrument for Stability. Community assistance under this Regulation shall be provided if, and to the extent that, adequate assistance cannot alone be provided under these instruments, or if assistance can be provided more effectively under this Regulation.	1. Community assistance under this Regulation shall be complementary to and coherent with that provided for under the Regulations establishing the Instrument for Pre-accession Assistance, the European Neighbourhood and Partnership Instrument, the Development Cooperation Economic Cooperation Instrument, the Partnership Agreement between the Members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, on the other part, and the Instrument for Stability. Community assistance under this Regulation shall be provided if, and to the extent that, adequate assistance cannot alone be provided under these instruments, or if assistance can be provided more effectively under this Regulation.
Justification
The amendment adds mention of the need for coherence.
Amendment 41 Article 3, paragraph 2
2. The Commission shall ensure that measures adopted under this Regulation are consistent with the Community's overall strategic policy framework and in particular with the objectives of the above instruments, as well as with other relevant Community measures and measures under the Treaty on European Union.	2. The Commission shall ensure that measures adopted under this Regulation are consistent with but not subordinate to the Community's overall strategic policy framework and in particular with the objectives of the above instruments, as well as with other relevant Community measures and measures under the Treaty on European Union.
Justification
It is possible that, in the global strategic framework of the EU's relations with third countries, commercial or geopolitical interests may be given priority over the promotion of human rights. It is therefore essential to recall here that the measures adopted under the Regulation are to be seen as coherent with but not subordinated to that global strategic framework.
Amendment 42 Article 3, paragraph 3
3. In order to enhance the effectiveness and consistency of Community and Member States assistance measures, the Commission shall promote close co-ordination between its own activities and those of the Member States, both at decision-making level and on the ground. 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 Community and Member States.	3. In order to enhance the effectiveness and consistency of Community and Member States assistance measures, the Commission shall ensure close co-ordination between its own activities and those of the Member States, both at decision-making level and on the ground. 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 Community and Member States.
Justification
This amendment is consistent with the initial proposal, but develops it further.
Amendment 43 Article 3, paragraph 4
4. The Commission shall seek regular exchanges of information with the European Parliament.	4. The Commission shall seek cooperation and regular exchanges of information with the European Parliament.
Justification
Exchanges alone are not enough.
Amendment 44 Article 3, paragraph 5
5. The Commission shall conduct a dialogue with civil society on the implementation of the objectives of this Regulation.	5. The Commission shall conduct a dialogue with civil society on the implementation of the objectives of this Regulation and on the implementation and assessment of the activities undertaken under this Regulation.
Justification
Civil society should be involved in the implementation and assessment of this Regulation because the reality on the ground is that, on the whole, it is civil society, via the independent organisations involved, that actually carries out the implementation.
Amendment 45 Article 7, paragraph 1
1. Notwithstanding Article 5, in the event of unforeseen needs or exceptional circumstances, the Commission may adopt Special Measures not covered in Strategy Papers.	1. Notwithstanding Article 5, in the event of unforeseen needs or exceptional circumstances, the Commission may adopt Special Measures not covered in the Strategy Papers.
Justification
Language amendment.
Amendment 46 Article 7, paragraph 3
3. Where the cost of such measures exceeds EUR 5 million, the Commission shall adopt them in accordance with the procedure laid down in Article 16(2).	3. Where the cost of such measures exceeds EUR 2 million, the Commission shall adopt them in accordance with the procedure laid down in Article 16(2).
Justification
EUR 5 m is too high an amount in relation to the annual allocation (c. 4%). The amount should be reduced to EUR 2 m, as in the case of the EIDHR.
Amendment 47 Article 7, paragraph 4
4. For Special Measures below EUR 5 million, the Commission shall send the measures to the Member States for information within one month of adopting its decision.	4. For Special Measures below EUR 2 million, the Commission shall send the measures to the European Parliament and the Member States for information within one month of adopting its decision.
Justification
See amendment to Article 7(3).
Amendment 48 Article 8, paragraph 2
Community financing shall also cover expenditure at Commission delegations on the administrative support needed to manage operations financed under this Regulation.	2. Community financing may also cover expenditure at Commission delegations on the administrative support needed to manage operations financed under this Regulation.
Justification
Financing administrative expenditure may be a possibility but is not an obligation.
Amendment 49 Article 8, paragraph 2 a (new)
	2a. When applying paragraphs 1 and 2, the Commission shall ensure that support measures are proportional and adequate to achieving the expected results and that they do not exceed 5% of the instrument's overall allocated amount.
Justification
In the interests of the sound management of public finances, support measures must remain proportional and adequate, and should not exceed 5% of the overall amount.
Amendment 50 Article 8, paragraph 3
3. The Commission shall adopt Support Measures not covered by Strategy Papers as referred to in Article 5 in accordance with Article 7, paragraph 3 and 4.	deleted
Justification
There is no reason to include this provision.
Amendment 51 Article 9, paragraph 1, introductory part and points (a) and (b)
1. Without prejudice to Article 13, the following bodies and actors shall be eligible for funding under this Regulation for the purposes of implementing the assistance measures referred to in Articles 6 and 7:	1. Without prejudice to Article 13, the following bodies and actors shall be eligible for funding under this Regulation for the purposes of implementing the assistance measures referred to in Articles 6 and 7:
	first and foremost:
a) civil society and community based organisations and networks thereof at national, regional, and international level;	a) civil society and community based non-governmental organisations and networks thereof, whether officially registered or not, at local, national, regional, and international level;
	and also:
b) public or private sector non-profit agencies, institutions and organisations and networks at national, regional, and international level;	b) public or private sector non-profit agencies, institutions and organisations and networks at local, national, regional, and international level;
Justification
The aim of this amendment is, while not questioning the proposed terms of eligibility, to make it clear that the functioning of civil society has priority for funding under this Regulation.
Equally, under point a) it is desirable to specify the non-governmental nature of the organisations and to add that non-registered organisations may be eligible. Authoritarian regimes may deny registration to certain pro-democracy or human rights groups. It would be contrary to the purpose of the Regulation to penalise such groups for that reason.
Finally, here as in other amendments, mention is also made of intervention at the local level.
Amendment 52 Article 9, paragraph 1, point (b)
(b) public or private sector non-profit agencies, institutions and organisations and networks at national, regional and international level;	(b) public or private sector non-profit agencies, institutions and organisations, including parliamentary bodies, and networks at national, regional and international level;
Amendment 53 Article 9, paragraph 1, point (c)
(c) international and regional inter-governmental organisations;	(c) international and regional inter-governmental or inter-parliamentary organisations;
Amendment 54 Article 9, paragraph 2
2. Other bodies or actors not listed in paragraph (1) can be financed when this is necessary to achieve the objectives of this Regulation.	deleted
Justification
As Article 9(1) has been amended in the interests of clarity, especially as regards the eligibility of non-registered organisations, paragraph 2 is no longer necessary.
Amendment 55 Article 12, paragraph 2, point (d)
(d) companies, firms, other private organisations and business, and other non-state actors.	(d) companies, firms, other private organisations and businesses, other non-state actors and non-governmental organisations within civil society, provided that they meet the aims of this Regulation and that their activities comply with human rights standards.
Justification
Specific mention should be made of NGOs, and clarification is required as regards the context for cofinancing by companies, firms and private actors.
Amendment 56 Article 13, paragraph 7
7. Whenever Community assistance covers an operation implemented through an international organisation, participation in the appropriate contractual procedures shall be open to all natural persons and legal persons who are eligible pursuant to this Article as well as to all natural persons and legal persons who are eligible pursuant to the rules of that organisation, care being taken to ensure that equal treatment is afforded to all donors. The same rules shall apply in respect of supplies, materials and experts.	7. Whenever Community assistance covers an operation implemented through an international organisation, participation in the appropriate contractual procedures shall be open to all natural persons and legal persons who are eligible pursuant to this Article as well as to all natural persons and legal persons who are eligible pursuant to the rules of that organisation, so long as they are in conformity with the objectives of this Regulation, care being taken to ensure that equal treatment is afforded to all donors. The same rules shall apply in respect of supplies, materials and experts.
Justification
This amendment stresses the need for conformity with the objectives of the Regulation.
Amendment 57 Article 13, paragraph 12
12. Tenderers who have been awarded contracts shall respect internationally agreed core labour standards, such as ILO core labour standards, conventions on freedom of association and collective bargaining, elimination of forced and compulsory labour, elimination of discrimination in respect of employment and occupation, and the abolition of child labour.	12. Those who have been awarded contracts shall respect internationally agreed core labour standards, such as ILO core labour standards, conventions on freedom of association and collective bargaining, elimination of forced and compulsory labour, elimination of discrimination in respect of employment and occupation, and the abolition of child labour.
Justification
Language amendment.
Amendment 58 Article 15, paragraph 2
2. The Commission shall send its evaluation reports to the Committee referred to in Article 16(1) and to the European Parliament for information. Member States may request discussion of specific evaluations in the Committee referred to in Article 16(1). The results shall feed back into programme design and resource allocation.	2. The Commission shall send its evaluation reports to the Committee referred to in Article 16(1) and to the European Parliament for information. The European Parliament and Member States may request discussion of specific evaluations in the Committee referred to in Article 16(1). The results shall feed back into programme design and resource allocation.
Justification
It should be possible for such a discussion to be requested by the European Parliament as well as by the Member States.
Amendment 59 Article 16 a (new)
	Article 16a
	Structured dialogue with the European Parliament
	A structured dialogue with the European Parliament shall take place using the following procedure:
	(a) the Commission shall send to the European Parliament all draft measures to be submitted to the relevant committees under the comitology provisions at the same time as they are transmitted to the Member States; the European Parliament will also receive a copy of the agenda prior to the relevant committee meeting and, subsequently, a copy of the minutes of that meeting;
	(b) the European Parliament shall identify those strategies which it wishes to discuss with the Commission;
	(c) the dialogue shall take place during a meeting of a parliamentary committee or another body determined by the European Parliament; the Commission shall explain the priorities set out in the document and the factors which determined the selection of the priorities; the European Parliament shall then have the possibility of asking for further explanations, expressing its views on the choices and indicating how it considers the strategy should be implemented;
	(d) the Commission shall take due account of this exchange in the determination and implementation of Strategy Papers and Annual Action Programmes as provided for in Articles 5 and 6 respectively.
Justification
This amendment, while not intending to call in question the principle of comitology, proposes a procedure for a structured dialogue with Parliament, in effect consolidating the commitments which the Commission has already entered into, in the context of the negotiations with it on the implementation of the instruments adopted under the codecision procedure. This kind of dialogue already takes place in the framework of the Election Coordination Group, co-chaired by AFET and DEVE chairs, for what is related to election observation.
Amendment 60 Article 19
The Commission shall submit to the European Parliament and to the Council, by 31 December 2010, a report evaluating the implementation of this Regulation in the first three years, if appropriate with a legislative proposal introducing the necessary modifications to the instrument.	The Commission shall submit to the European Parliament and to the Council, by 31 December 2010, a report evaluating the implementation of this Regulation in the first three years. Should any dysfunctional situation be identified, the Commission, on its own initiative or at the request of the European Parliament, shall submit, if appropriate, a legislative proposal introducing the necessary modifications to the instrument.
Justification
This amendment consolidates the undertakings made by the Commission at Parliament's 17 May 2006 sitting.

PROCEDURE

Title	Proposal for a Regulation of the European Parliament and of the Council establishing a financing instrument for the promotion of democracy and human rights worldwide (European Instrument for Democracy and Human Rights)
References	COM(2006)0354 – C6-0206/2006 – 2006/0116(COD)
Committee responsible	AFET
Opinion by   Date announced in plenary	DEVE 6.7.2006
Enhanced cooperation – date announced in plenary	Yes 6.7.2006
Drafts(wo)man   Date appointed	Alessandro Battilocchio 10.7.2006
Previous drafts(wo)man
Discussed in committee	28.8.2006
Date adopted	3.10.2006
Result of final vote	+: –: 0:	26 0 0
Members present for the final vote	Margrete Auken, Alessandro Battilocchio, Margrietus van den Berg, Danutė Budreikaitė, Marie-Arlette Carlotti, Thierry Cornillet, Nirj Deva, Alexandra Dobolyi, Michael Gahler, Filip Andrzej Kaczmarek, Glenys Kinnock, Maria Martens, Miguel Angel Martínez Martínez, Gay Mitchell, Luisa Morgantini, José Javier Pomés Ruiz, Horst Posdorf, Frithjof Schmidt, Jürgen Schröder, Anna Záborská, Mauro Zani
Substitute(s) present for the final vote	Milan Gaľa, Manolis Mavrommatis, Anne Van Lancker, Anders Wijkman, Gabriele Zimmer
Substitute(s) under Rule 178(2) present for the final vote
Comments (available in one language only)

OPINION of the Committee on Budgets (10.10.2006)

for the Committee on Foreign Affairs

on the proposal for a regulation of the European Parliament and of the Council on establishing a financing instrument for the promotion of democracy and human rights worldwide (European Instrument for Democracy and Human Rights)
(COM(2006)0354 – C6-0206/2006 – 2006/0116(COD))

Draftsman: Albert Jan Maat

am

SHORT JUSTIFICATION

The proposal for a financial instrument (Regulation) for the promotion of human rights and democracy is based on Articles 179 (development cooperation) and 181a (economic, financial and technical cooperation with third countries other than developing countries). The proposal is subject to the co-decision procedure.

In its original proposals for the external sector for the period 2007-2013, the Commission covered human rights and democracy as a "thematic programme" for the purposes of programming but utilising the legal bases of the other instruments. Following pressure from the Parliament on the need for a separate legal base in order to safeguard the unique and global character of the European Initiative for Human Rights and Democracy (EIDHR), the Commission agreed to present a proposal, within the context of the overall negotiations on the external instruments.

The financial breakdown between the various external instruments, as originally proposed by the Commission and then modified following the agreement on the MFF 2007-2013, will need to be technically adjusted as a result of this proposal. This is evident since various actions related to human rights and democracy are now "lifted out" from them and included instead under this separate cross-cutting instrument.

The foreseen reference amount of EUR 1 103,74 million of this instrument would therefore be financed through "contributions" from the other main instruments, i.e. DCI (development), ENPI (neighbourhood), IPA (pre-accession) and the Stability Instrument. In this way, the overall amounts agreed in the MFF can be respected. The draftsman underlines the importance of consistency across the external instruments to ensure that this will be the case. A standard amendment has therefore been introduced to underline the need for overall compatibility. The draftsman notes that the amount proposed by the Commission for this specific regulation is consistent with the MFF.

A number of amendments have also been introduced to safeguard the prerogatives of the Parliament, most particularly concerning the political choices involved. The proposal as it stands is entirely insufficient as it deals mainly with procedure (framework legislation) and would leave the strategic choices to the implementing phase and under the control of Commission and Member States alone.

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 2 a (new)
2a.    considers that the financial envelope indicated in the legislative proposal must be compatible with the ceiling of heading 4 of the new multiannual financial framework (MFF) and points out that the annual amount will be decided within the annual budgetary procedure, in accordance with the provisions of point 37 of the IIA of 17 May 2006;
Justification
Standard amendment to ensure overall compatibility with the financial ceilings.
Proposal for a regulation
Text proposed by the Commission[1]   Amendments by Parliament
Amendment 2 Recital 9
(9) In order to address the above issues in an effective, timely and flexible manner beyond the expiry of Council Regulation (EC) No 975/1999 and Council Regulation (EC) No 976/1999, which served as the legal base for the European Initiative for Democracy and Human Rights and which expire by 31 December 2006, specific financial resources and a self-contained financing instrument are required that can continue to work in an independent manner whilst remaining complementary to humanitarian aid and long term development and cooperation financing instruments;	(9) In order to address the above issues in an effective, timely and flexible manner beyond the expiry of Council Regulation (EC) No 975/1999 and Council Regulation (EC) No 976/1999, which served as the legal base for the European Initiative for Democracy and Human Rights and which expire by 31 December 2006, specific financial resources and a separate financing instrument are required that can continue to work in an independent manner whilst remaining mutually complementary with the other instruments for the European Union's external policies;
Justification
It is not at all clear what "self-contained" could mean in this context so "separate" would seem more appropriate. The various instruments for external actions are ultimately all interlinked and, therefore, the term "mutually complementary" is appropriate.
Amendment 3 Recital 14
(14) The relevance and scope of Community assistance in promoting democracy and human rights calls for the Commission to seek regular and frequent exchanges of information with the European Parliament.	(14) The relevance and scope of Community assistance in promoting democracy and human rights calls for the Commission to systematically inform and consult the European Parliament and the Council on the strategic choices under this instrument. This includes entering into a regular dialogue with the European Parliament and taking due account of its position before and when implementing the strategies.
Justification
Complying with the Declaration on democratic scrutiny and coherence of external actions annexed to the Interinstitutional Agreement on budgetary discipline and sound financial management of 17 may 2006.
Amendment 4 Recital 17
(17) This Regulation establishes a financial framework for the entire duration of the programme which is to be the principal point of reference for the budgetary authority, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management;	(17) This Regulation establishes a financial envelope for the entire duration of the programme which is to be the principal point of reference for the budgetary authority, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management;
Justification
The terminology in the IIA of 17 may 2006 was slightly changed compared to the previous one and now uses the term "financial envelope".
Amendment 5 Article 3, paragraph 1
1. Community assistance under this Regulation shall be complementary to that provided for under the Regulations establishing the Instrument for Pre-accession Assistance, the European Neighbourhood and Partnership Instrument, the Development Cooperation Economic Cooperation Instrument, the Partnership Agreement between the Members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, on the other part, and the Instrument for Stability. Community assistance under this Regulation shall be provided if, and to the extent that, adequate assistance cannot alone be provided under these instruments, or if assistance can be provided more effectively under this Regulation.	1. Community assistance under this Regulation shall be mutually complementary with assistance provided under the Regulations establishing the Instrument for Pre-accession Assistance, the European Neighbourhood and Partnership Instrument, the Development Cooperation Instrument, the Partnership Agreement between the Members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, on the other part, and the Instrument for Stability.
Justification
The mutual complementary role of the intrument needs to be emphasised. The EIDHR should not be seen as a "last resort" when, for one reason or another, an action cannot easily be implemented under a geographical instrument.
Amendment 6 Article 3, paragraph 4
4. The Commission shall seek regular exchanges of information with the European Parliament.	4. The Commission shall enter into a regular dialogue with the European Parliament, and take due account of its position before and when implementing the strategies, as set out in the Declaration on democratic scrutiny and coherence of external actions annexed to the Interinstitutional Agreement of 17 May 2006.
Justification
Complying with the Declaration on democratic scrutiny and coherence of external actions annexed to the Interinstitutional Agreement on budgetary discipline and sound financial management of 17 may 2006.
Amendment 7 Article 5, paragraph 2
2. Strategy papers shall set out the priority areas selected for financing by the Community, the specific objectives, the expected results and the performance indicators. They shall also give the indicative financial allocation, both overall and per priority area; this may be given in the form of a range, where appropriate.	2. Strategy papers shall set out the priority areas selected for financing by the Community, the specific objectives, the expected results and the performance indicators. They shall also give the indicative financial allocation, without prejudice to the powers of the budgetary authority, both overall and with an indicative breakdown of resources per priority area; this may be given in the form of a range, where appropriate.
Justification
Complying with the Declaration on democratic scrutiny and coherence of external actions annexed to the Interinstitutional Agreement on budgetary discipline and sound financial management of 17 may 2006.
Amendment 8 Article 5, paragraph 3
3. Strategy Papers, and any revisions or extensions thereof, shall be adopted in accordance with the procedure laid down in Article 16(2). They shall cover no more than the period of validity of this Regulation. Strategy papers shall be reviewed at mid-term, or ad hoc if necessary.	3. Strategy Papers, and any revisions or extensions thereof, shall be adopted in accordance with the procedure laid down in Article 16(2). They shall cover no more than the period of validity of this Regulation. Strategy papers shall be reviewed at mid-term, after three years at the latest, or ad hoc if necessary.
Justification
Complying with the Declaration on democratic scrutiny and coherence of external actions annexed to the Interinstitutional Agreement on budgetary discipline and sound financial management of 17 may 2006.
Amendment 9 Article 5, paragraph 4 a (new)
	4a. In compliance with Article 3(4), the Commission shall enter into a regular dialogue with the European Parliament on the contents of the strategy papers. It shall take due account of the Parliament's position before and when adopting and implementing the strategies, as set out in the Declaration on democratic scrutiny and coherence of external actions annexed to the Interinstitutional Agreement of 17 May 2006.
Justification
Complying with the Declaration on democratic scrutiny and coherence of external actions annexed to the Interinstitutional Agreement on budgetary discipline and sound financial management of 17 may 2006.
Amendment 10 Article 6, paragraph 3
3. Annual Action Programmes, and any revisions or extensions thereof, shall be adopted in accordance with the procedure laid down in Article 16(2). In cases where amendments to Annual Action Programmes do not exceed 20% of the global amount allocated to them, such amendments shall be adopted by the Commission. It shall inform the Committee referred to in Article 16(1).	3. Annual Action Programmes, and any revisions or extensions thereof, shall be adopted in accordance with the procedure laid down in Article 16(2).
Justification
Taking into account the general application of comitology in this field, it appears unnecessary that Parliament is being bereft of more of its monitoring rights as one arm of the budgetary authority.
Amendment 11 Article 8, paragraph 2
2. Community financing shall also cover expenditure at Commission delegations on the administrative support needed to manage operations financed under this Regulation.	2. Community financing shall also cover expenditure for administrative management support directly linked to operations financed under this Regulation.
Justification
In order to make a clearer distinction between the administrative management lines (ex. BA lines) linked with the programme (financed under heading 4) and the administrative lines under heading 5. It does not seem prudent to exclusively limit such expenditure to the delegations as there could also be some actions (for instance training of staff) that could need to be financed at headquarters.
Amendment 12 Article 10, paragraph 2
2. The Commission may, in accordance with Article 54 of Regulation (EC, Euratom) No 1605/2002, decide to entrust tasks of public authority, and in particular budget implementation tasks, to bodies referred in Article 54(2)(c) of that Regulation.	2. The Commission may, in accordance with Article 54 of Regulation (EC, Euratom) No 1605/2002, decide to entrust tasks of public authority, and in particular budget implementation tasks, to bodies referred to in Article 54(2)(c) of that Regulation, provided that such tasks do not involve making political choices as referred to in Article 54(1) of the same Regulation.
Justification
This amendment clarifies the conditions for any out-sourcing.
Amendment 13 Article 11, paragraph 2
2. Community financing may take one of the following legal forms, inter alia:	2.Community financing may take one of the following legal forms, inter alia:
a) grant agreements, grant decisions or contribution agreements;	a) grant agreements or grant decisions;
b) agreements according to Article 54 Regulation (EC, Euratom) No 1605/2002;	b) agreements according to Article 54 of Regulation (EC, Euratom) No 1605/2002;
c) procurement contracts;	c) procurement contracts.
d) employment contracts.
Justification
"Contribution agreements" introduces an ambiguous wording. They are covered by the term "grant agreements". In order to avoid legal uncertainty, the term should be deleted. Further, it has to be made clear that - as is now the case - grants may be used by the beneficiaries to employ staff (i.e. conclude employment contracts). However, grants may not lead to direct labour relationships between the EU and a beneficiary.
Amendment 14 Article 15, paragraph 1
1. The Commission shall regularly monitor and review its programmes, and evaluate the effectiveness of programming in order to ascertain whether the objectives have been met and to enable it to formulate recommendations with a view to improving future operations.	1. The Commission shall regularly monitor and review its programmes. It shall also ensure that evaluations are carried out in order to ascertain whether the objectives have been met and to enable it to formulate recommendations with a view to improving future operations. This shall be done after three years at the latest. Evaluations shall be independent and may consequently not be carried out by personnel and/or bodies involved with the implementation of the programme.
Justification
Evaluations must be independent to have any credibility.
Amendment 15 Article 16, paragraph 4
4.The minutes of the Committee meetings shall be sent to the European Parliament for information.	4. In the context of Articles 5 and 6, the Commission shall enter into a regular dialogue with the European Parliament on the contents of the Strategy Papers and Annual Action Programmes. To this end, all drafts submitted to the committee established under this Article shall be forwarded to the Parliament at the same time as to the Member States. The dialogue shall take place during a meeting of a parliamentary committee or other body indicated by the European Parliament. The Commission shall take due account of the Parliament's position before and when adopting and implementing these measures.
Justification
Consistent with the Declaration on democratic scrutiny and coherence of external actions annexed to the Interinstitutional Agreement on budgetary discipline and sound financial management of 17 may 2006.
Amendment 16 Article 19
19. The Commission shall submit to the European Parliament and to the Council, by 31 December 2010, a report evaluating the implementation of this Regulation in the first three years, if appropriate with a legislative proposal introducing the necessary modifications to the instrument.	19. The Commission shall submit to the European Parliament and to the Council, by 31 December 2010 at the latest, a report evaluating the implementation of this Regulation in the first three years, if appropriate with a legislative proposal introducing the necessary modifications to the instrument.
Justification
Consistent with the Declaration on democratic scrutiny and coherence of external actions annexed to the Interinstitutional Agreement on budgetary discipline and sound financial management of 17 may 2006.

PROCEDURE

Title	Proposal for a regulation of the European Parliament and of the Council on establishing a financing instrument for the promotion of democracy and human rights worldwide (European Instrument for Democracy and Human Rights)
References	COM(2006)0354 – C6-0206/2006 – 2006/0116(COD)
Committee responsible	AFET
Opinion by   Date announced in plenary	BUDG 6.7.2006
Enhanced cooperation – date announced in plenary
Drafts(wo)man   Date appointed	Albert Jan Maat 26.9.2006
Previous drafts(wo)man
Discussed in committee	26.9.2006		10.10.2006
Date adopted	10.10.2006
Result of final vote	+: –: 0:	22
Members present for the final vote	Reimer Böge, Gérard Deprez, Valdis Dombrovskis, Brigitte Douay, Salvador Garriga Polledo, Ingeborg Gräßle, Louis Grech, Nathalie Griesbeck, Catherine Guy-Quint, Jutta D. Haug, Anne E. Jensen, Wiesław Stefan Kuc, Janusz Lewandowski, Vladimír Maňka, Mario Mauro, Giovanni Pittella, Antonis Samaras, Esko Seppänen, László Surján, Ralf Walter
Substitute(s) present for the final vote	Lidia Joanna Geringer de Oedenberg, José Albino Silva Peneda
Substitute(s) under Rule 178(2) present for the final vote
Comments (available in one language only)	...

• [1]  Not yet published in OJ.

OPINION of the Committee on Women's Rights and Gender Equality (5.10.2006)

for the Committee on Foreign Affairs

on the proposal for a regulation of the European Parliament and of the Council on establishing a financing instrument for the promotion of democracy and human rights worldwide (European Instrument for democracy and Human Rights)
(COM(2006)0354 – C6‑0206/2006 – 2006/0116(COD))

Draftswoman: Teresa Riera Madurell

SHORT JUSTIFICATION

The EU plays a leading role in democracy and human rights issues and should continue to maintain a high profile on such issues.

The objective of the Commission proposal for a new financing instrument for the promotion of democracy and human rights is to provide a legal basis for the successor programme to the European Initiative for Democracy and Human Rights (EIDHR), which is based on two regulations that expire at the end of 2006. The new instrument would apply from 1 January 2007 to 31 December 2013.

This new instrument will, like EIDHR, be designed to complement the various other tools for the implementation of EU policies on democracy and human rights, which range from political dialogue and diplomatic démarches to various instruments of financial and technical cooperation, including both geographic and thematic programmes. It will also complement the more crisis-related interventions of the new Stability instrument.

The Committee on Women's Rights and Gender Equality is particularly concerned that the new instrument should articulate and support gender-related objectives and measures at international level. It wishes with this opinion to draw attention to the importance of the rights of women within the broader context of democracy and human rights and to create the basis for a gender sensitive European financing instrument for the promotion of democracy and human rights worldwide.

AMENDMENTS

The Committee on Women's Rights and Gender Equality 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 1, paragraph 2, point (c)
(c) supporting the international framework for the protection of human rights, the rule of law and the promotion of democracy;	(c) supporting the international framework for the protection of human rights, the rule of law and the promotion of democracy and ensuring gender equality;
Amendment 2 Article 1, paragraph 2, point (d a) (new)
	(da) promoting an integrated approach to democracy building and the protection of human rights and ensuring that gender equality and conflicts are taken into account;
Amendment 3 Article 2, paragraph 1, point (a), point (ii)
ii) encouraging participatory decision-making processes at national, regional and local level, and promoting equal participation of men and women in civil society, economic and political life;	ii) encouraging participatory decision-making processes at national, regional and local level, and promoting equal participation of men and women in civil society, economic and political life, by strengthening the rights of women and children as a specific target and also by mainstreaming children's rights and gender equality in all activities;
Amendment 4 Article 2, paragraph 1, point (b), point (ii)
(ii) human rights defenders;	(ii) human rights defenders, especially women human rights defenders, including those defending women's and children's rights;
Amendment 5 Article 2, paragraph 1, point (b), point (iii)
(iii) the fight against racism and xenophobia, discrimination on any ground;	(iii) the fight against racism and xenophobia, discrimination on any ground, such as 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;
Amendment 6 Article 2, paragraph 1, point (b), point (v)
(v) the rights of women;	(v) the rights of women and the fight against all forms of discrimination and violence against women, including the fight against female genital mutilation;
Amendment 7 Article 2, paragraph 1, point (b), point (vi)
(vi) the rights of children;	(vi) the rights of children, ensuring that priority is given to the best interests of children, as well as including the fight against child labour and the recruitment and use of child soldiers;
Amendment 8 Article 2, paragraph 1, point (b), point (vi a) (new)
	(via) the fight against trafficking in human beings, including the fight against trafficking in women and children for any purpose, including sexual and labour exploitation and organ removal;
Amendment 9 Article 2, paragraph 1, point (b), point (viiii)
(viii) education, training and monitoring in the area of human rights and democracy;	(viii) education and training, while guaranteeing the equal rights of girls to education and training;
Amendment 10 Article 2, paragraph 1, point (b), point (viiia) (new)
	(viiia) monitoring in the fields of human rights, anti-discrimination and democracy;
Amendment 11 Article 2, paragraph 2
2. The promotion of gender equality, children’s rights, rights of indigenous peoples, and conflict prevention shall be taken into account as far as appropriate by all assistance measures referred to in this Regulation.	2. The promotion of gender equality, children’s rights, rights of indigenous peoples, and conflict prevention shall be taken into account by all assistance measures referred to in this Regulation.

PROCEDURE

Title	Proposal for a regulation of the European Parliament and of the Council on establishing a financing instrument for the promotion of democracy and human rights worldwide (European Instrument for democracy and Human Rights)
References	COM(2006)0354 – C6-0206/2006 – 2006/0116(COD)
Committee responsible	AFET
Opinion by   Date announced in plenary	FEMM 6.7.2006
Enhanced cooperation – date announced in plenary
Drafts(wo)man   Date appointed	Teresa Riera Madurell 11.7.2006
Previous drafts(wo)man
Discussed in committee	12.9.2006		5.10.2006
Date adopted	5.10.2006
Result of final vote	+: –: 0:	11 0 2
Members present for the final vote	Edit Bauer, Hiltrud Breyer, Edite Estrela, Věra Flasarová, Lissy Gröner, Lívia Járóka, Rodi Kratsa-Tsagaropoulou, Urszula Krupa, Marie Panayotopoulos-Cassiotou, Marie-Line Reynaud, Teresa Riera Madurell, Lydia Schenardi
Substitute(s) present for the final vote	Karin Resetarits
Substitute(s) under Rule 178(2) present for the final vote
Comments (available in one language only)	...

• [1]  Not yet published in OJ.

PROCEDURE

Title		Proposal for a regulation of the European Parliament and of the Council on establishing a financing instrument for the promotion of democracy and human rights worldwide (European Instrument for democracy and Human Rights)
References		COM(2006)0354 - C6-0206/2006 - 2006/0116(COD))
Date submitted to Parliament		26.6.2006
Committee responsible   Date announced in plenary		AFET 6.7.2006
Committee(s) asked for opinion(s)   Date announced in plenary		DEVE 6.7.2006		FEMME 6.7.2006		BUDG 6.7.2006
Enhanced cooperation   Date announced in plenary		Yes 6.7.2006
Rapporteur(s)   Date appointed		Hélène Flautre 21.6.2006				Edward McMillan-Scott 21.6.2006
Simplified procedure – date of decision
European Economic and Social Committee consulted – date of decision in plenary
Committee of the Regions consulted – date of decision in plenary
Discussed in committee		11.7.2006	11.9.2006		13.9.2006		3.10.2006
Date adopted		10.10.2006
Result of final vote	+ – 0	41 4 1
Members present for the final vote		Angelika Beer, Panagiotis Beglitis, Marco Cappato, Simon Coveney, Ryszard Czarnecki, Giorgos Dimitrakopoulos, Jas Gawronski, Maciej Marian Giertych, Ana Maria Gomes, Alfred Gomolka, Klaus Hänsch, Richard Howitt, Jana Hybášková, Ioannis Kasoulides, Bogdan Klich, Helmut Kuhne, Vytautas Landsbergis, Edward McMillan-Scott, Willy Meyer Pleite, Francisco José Millán Mon, Pasqualina Napoletano, Annemie Neyts-Uyttebroeck, Raimon Obiols i Germà, Cem Özdemir, Tobias Pflüger, Mirosław Mariusz Piotrowski, Raül Romeva i Rueda, José Ignacio Salafranca Sánchez-Neyra, Jacek Emil Saryusz-Wolski, György Schöpflin, Gitte Seeberg, Antonio Tajani, Inese Vaidere, Jan Marinus Wiersma, Luis Yañez-Barnuevo García, Josef Zieleniec
Substitute(s) present for the final vote		Irena Belohorská, Nirj Deva, Árpád Duka-Zólyomi. Hélène Flautre, Michael Gahler, Tunne Kelam, Jaromír Kohlíček, Miguel Angel Martínez Martínez, Achille Occhetto,
Substitute(s) under Rule 178(2) present for the final vote		Christopher Beazley
Date tabled		24.10.2006
Comments (available in one language only)		..