REPORT on the proposal for a regulation of the European Parliament and of the Council establishing the Neighbourhood, Development and International Cooperation Instrument

11.3.2019 - (COM(2018)0460 – C8‑0275/2018 – 2018/0243(COD)) - ***I

Committee on Foreign Affairs
Committee on Development
Rapporteurs: Pier Antonio Panzeri, Cristian Dan Preda, Frank Engel, Charles Goerens
(Joint committee procedure – Rule 55 of the Rules of Procedure)
Rapporteur for the opinion (*):
Eider Gardiazabal Rubial, Committee on Budgets
(*) Associated committee – Rule 54 of the Rules of Procedure


Procedure : 2018/0243(COD)
Document stages in plenary
Document selected :  
A8-0173/2019

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council establishing the Neighbourhood, Development and International Cooperation Instrument

(COM(2018)0460 – C8‑0275/2018 – 2018/0243(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0460),

–  having regard to Article 294(2) and Articles 209, 212 and 322(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0275/2018),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 12 December 2018[1]

–  having regard to the opinion of the Committee of the Regions of 6 December 2018[2]

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the joint deliberations of the Committee on Foreign Affairs and the Committee on Development under Rule 55 of the Rules of Procedure,

–  having regard to the report of the Committee on Foreign Affairs and the Committee on Development and also the opinions of the Committee on Budgets, the Committee on International Trade, the Committee on the Environment, Public Health and Food Safety, the Committee on Culture and Education, the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women's Rights and Gender Equality (A8-0173/2019),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

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

Amendment    1

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1)  The general objective of the Programme "Neighbourhood, Development and International Cooperation Instrument" (the ‘Instrument’) should be to uphold and promote the Union’s values and interests worldwide in order to pursue the objectives and principles of the Union’s external action, as laid down in Article 3(5), Articles 8 and 21 of the Treaty on European Union.

(1)  The general objective of the Programme "Neighbourhood, Development and International Cooperation Instrument" (the ‘Instrument’) should be to provide the financial framework to support the upholding and promotion of the Union’s values, principles and fundamental interests worldwide in accordance with the objectives and principles of the Union’s external action, as laid down in Article 3(5), Articles 8 and 21 of the Treaty on European Union.

Amendment    2

Proposal for a regulation

Recital 2 a (new)

Text proposed by the Commission

Amendment

 

(2 a)  In accordance with Article 21 of the Treaty on European Union, the application of this Regulation is to be guided by the principles of the Union’s external action, namely democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, equality and solidarity, and respect for the principles of the United Nations Charter and international law. This Regulation is intended to contribute to achieving the objectives of the Union’s external action, including the Union’s policies relating to human rights and the objectives outlined in the EU Strategic Framework and Action Plan on Human Rights and Democracy. Union action should favour adherence to the Universal Declaration on Human Rights.

Amendment    3

Proposal for a regulation

Recital 3 a (new)

Text proposed by the Commission

Amendment

 

(3 a)  In accordance with Article 167 of the Treaty on the Functioning of the European Union, The Union and the Member States should foster cooperation with third countries and the competent international organisations in the sphere of culture. This Regulation should contribute to the objectives set out in that Article.

Amendment    4

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4)  The primary objective of Union’s development cooperation policy, as laid down in Article 208 of the Treaty on the Functioning of the European Union is the reduction and, in the long term, the eradication of poverty. The Union’s development cooperation policy also contributes to the objectives of the Union’s external action, in particular to foster the sustainable economic, social and environmental development of developing countries, with the primary aim of eradicating poverty, as set out in Article 21(2)(d) of the Treaty on European Union.

(4)  The primary objective of Union’s development cooperation policy, as laid down in Article 208 of the Treaty on the Functioning of the European Union (‘TFEU’) is the reduction and, in the long term, the eradication of poverty. The Union’s development cooperation policy also contributes to the objectives of the Union’s external action, in particular to foster the sustainable economic, social and environmental development of developing countries, with the primary aim of eradicating poverty, as set out in Article 21(2)(d) TEU, and to preserve lasting peace, prevent conflicts and strengthen international security, as set out in point (c) of Article 21(2)TEU.

Amendment    5

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5)  The Union shall ensure policy coherence for development as required by Article 208 of the Treaty on the Functioning of the European Union. The Union should take account of the objectives of development cooperation in the policies that are likely to affect developing countries, which will be a crucial element of the strategy to achieve the Sustainable Development Goals defined in the 2030 Agenda for Sustainable Development ('2030 Agenda') adopted by the United Nations in September 201545 . Ensuring policy coherence for sustainable development, as embedded in the 2030 Agenda, requires taking into account the impact of all policies on sustainable development at all levels — nationally, within the Union, in other countries and at global level.

(5)  The Union shall ensure policy coherence for development as required by Article 208 of the Treaty on the Functioning of the European Union. The Union should take account of the objectives of development cooperation in the policies that are likely to affect developing countries, which will be a crucial element of the strategy to achieve the Sustainable Development Goals defined in the 2030 Agenda for Sustainable Development ('2030 Agenda') adopted by the United Nations in September 201545 . Ensuring policy coherence for sustainable development, as embedded in the 2030 Agenda, requires taking into account the impact of all policies on sustainable development at all levels — nationally, within the Union, in other countries and at global level. Union and Member States development cooperation policies should complement and reinforce each other.

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45 "Transforming our world: the 2030 Agenda for Sustainable Development", adopted at the United Nations Sustainable Development Summit on 25 September 2015 (A/RES/70/1).

45 "Transforming our world: the 2030 Agenda for Sustainable Development", adopted at the United Nations Sustainable Development Summit on 25 September 2015 (A/RES/70/1).

Amendment    6

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7)  The global context for action is the pursuit of a rules-based global order, with multilateralism as its key principle and the United Nations at its core. The 2030 Agenda, together with the Paris Agreement on Climate Change57 and the Addis Ababa Action Agenda58 is the international community’s response to global challenges and trends in relation to sustainable development. With the Sustainable Development Goals at its core, the 2030 Agenda is a transformative framework to eradicate poverty and achieve sustainable development globally. It is universal in scope, providing a comprehensive shared framework for action that applies to the Union, to its Member States and to its partners. It balances the economic, social and environmental dimensions of sustainable development, recognising the essential interlinkages between its goals and targets. The 2030 Agenda aims to leave no one behind. The implementation of the 2030 Agenda will be closely coordinated with the Union's other relevant international commitments. Actions undertaken by this Regulation should pay particular attention to interlinkages between Sustainable Development Goals and to integrated actions that can create co-benefits and meet multiple objectives in a coherent way.

(7)  The global context for action is the pursuit of a rules-and values-based global order, with multilateralism as its key principle and the United Nations at its core. The 2030 Agenda, together with the Paris Agreement on Climate Change57 (‘the Paris Agreement’) and the Addis Ababa Action Agenda58 is the international community’s response to global challenges and trends in relation to sustainable development. With the Sustainable Development Goals at its core, the 2030 Agenda is a transformative framework to eradicate poverty, achieve sustainable development globally and promote peaceful, just and inclusive societies, while tackling climate change and working to preserve oceans and forests. It is universal in scope, providing a comprehensive shared framework for action that applies to the Union, to its Member States and to its partners. It balances the economic, social, cultural, educational and environmental dimensions of sustainable development, recognising the essential interlinkages between its goals and targets. The 2030 Agenda aims to leave no one behind and seeks to reach the furthest behind first. The implementation of the 2030 Agenda will be closely coordinated with the Union's other relevant international commitments. Actions undertaken by this Regulation should be guided by the principles and objectives set out in the 2030 Agenda, the Paris Agreement and the Addis Ababa Action Agenda and should contribute to achieving the Sustainable Development Goals, paying particular attention to interlinkages between them and to integrated actions that can create co-benefits and meet multiple objectives in a coherent way without undermining other objectives.

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57 Signed in New York on 22 April 2016.

57 Signed in New York on 22 April 2016.

58 "Addis Ababa Action Agenda of the Third International Conference on Financing for Development", adopted on 16 June 2015 and endorsed by the United Nations General Assembly on 27 July 2015 (A/RES/69/313).

58 "Addis Ababa Action Agenda of the Third International Conference on Financing for Development", adopted on 16 June 2015 and endorsed by the United Nations General Assembly on 27 July 2015 (A/RES/69/313).

Amendment    7

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8)  The implementation of this Regulation should be guided by the five priorities established in the Global Strategy for the European Union’s Foreign and Security Policy (the 'Global Strategy')59 , presented on 19 June 2016, which represents the Union's vision and the framework for united and responsible external engagement in partnership with others, to advance its values and interests. The Union should enhance partnerships, promote policy dialogue and collective responses to challenges of global concern. Its action should support the Union’s interests and values in all its aspects, including preserving peace, preventing conflicts, strengthening international security, fighting root causes of irregular migration and assisting populations, countries and regions confronting natural or man-made disasters, supporting trade policy, economic diplomacy and economic cooperation, promoting digital solutions and technologies, and fostering the international dimension of Union’s policies. In promoting its interests, the Union should comply with, and promote, the principles of respect for high social and environmental standards, for the rule of law, for international law and for human rights.

(8)  The application of this Regulation should be based on the five priorities established in the Global Strategy for the European Union’s Foreign and Security Policy (the 'Global Strategy')59 , presented on 19 June 2016, which represents the Union's vision and the framework for united and responsible external engagement in partnership with others, to advance its values and interests. The Union should enhance partnerships, promote policy dialogue and collective responses to challenges of global concern. Its action should support the Union’s fundamental interests, principles and values in all its aspects, including promoting democracy and human rights, contributing to the eradication of poverty, preserving peace, conflict prevention, mediation and post-conflict reconstruction including women at all stages, ensuring nuclear safety, strengthening international security, addressing root causes of irregular migration and forced displacement and assisting populations, countries and regions confronted with natural or man-made disasters, bringing about the conditions to create an international legal framework for the protection of persons displaced due to climate change, fostering inclusive quality education, supporting a fair, sustainable and rules- and value-based trade policy as a tool for development and to bring improvements to the rule of law and human rights, economic and cultural diplomacy and economic cooperation, promoting innovation, digital solutions and technologies, protecting cultural heritage especially in conflict areas, addressing global public health threats and fostering the international dimension of Union’s policies. In promoting its fundamental interests, principles and values, the Union should comply with, and promote, the principles of respect for high social, labour and environmental standards including with regard to climate change, for the rule of law, for international law, including in respect of humanitarian and international human rights law.

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59 "Shared Vision, Common Action: A Stronger Europe. A global Strategy for the European Union's Foreign and Security Policy", June 2016.

59 "Shared Vision, Common Action: A Stronger Europe. A global Strategy for the European Union's Foreign and Security Policy", June 2016.

Amendment    8

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9)  The new European Consensus on Development ('the Consensus')60 , signed on 7 June 2017, provides the framework for a common approach to development cooperation by the Union and its Member States to implement the 2030 Agenda and the Addis Ababa Action Agenda. Eradicating poverty, tackling discrimination and inequalities, leaving no one behind and strengthening resilience are at the heart of development cooperation policy.

(9)  The application of this Regulation should also be based on the European Consensus on Development ('the Consensus')60 , signed on 7 June 2017, which provides the framework for a common approach to development cooperation by the Union and its Member States to implement the 2030 Agenda and the Addis Ababa Action Agenda. Eradicating poverty, tackling discrimination and inequalities, leaving no one behind, protecting the environment and fighting climate change, and strengthening resilience should underpin the application of this Regulation.

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60 "The New European Consensus on Development 'Our World, our Dignity, Our Future'", Joint statement by the Council and the Representatives of the governments of the Member States meeting within the Council, the European Parliament and the European Commission, 8 June 2017.

60 "The New European Consensus on Development 'Our World, our Dignity, Our Future'", Joint statement by the Council and the Representatives of the governments of the Member States meeting within the Council, the European Parliament and the European Commission, 8 June 2017.

Amendment    9

Proposal for a regulation

Recital 9 a (new)

Text proposed by the Commission

Amendment

 

(9 a)  In addition to the UN 2030 Agenda, the Paris Agreement on Climate Change the Addis Ababa Action Agenda, the EU Global Strategy and the European Consensus on Development and the European Neighbourhood Policy, which constitute the primary policy framework, the following documents and their future revisions should also guide the application of this Regulation:

 

  the EU Strategic Framework and Action Plan on Human Rights and Democracy;

 

  the EU Human Rights guidelines;

 

  the EU Integrated Approach to External Conflicts and Crises and the EU's comprehensive approach to external conflicts and crises of 2013;

 

  the Comprehensive approach to the EU implementation of the United Nations Security Council Resolutions 1325 and 1820 on women, peace and security;

 

  the Union Programme for the Prevention of Violent Conflicts;

 

  the Council conclusions of 20 June 2011 on conflict prevention;

 

  the Concept on Strengthening EU Mediation and Dialogue Capacities;

 

  the EU-wide Strategic Framework to support Security Sector Reform (SSR);

 

  the EU strategy against illicit firearms, small arms and light weapons (SALW) and their ammunition;

 

  the EU Concept for Support to Disarmament, Demobilisation and Reintegration (DDR);

 

  the Council conclusions of 19 November 2007 on a EU response to situations of fragility and the conclusions of the Council and the Representatives of the Governments of the Member States meeting within the Council, also dated 19 November 2007, on security and development;

 

  the European Council Declaration of 25 March 2004 on Combating Terrorism, the European Union Counter-Terrorism Strategy, of 30 November 2005 and the Council conclusions of 23 May 2011 on enhancing the links between internal and external aspects of counter-terrorism;

 

  the OECD guidelines for multinational enterprises;

 

  the UN guiding principles on business and human rights;

 

  the UN New Urban Agenda;

 

  the UN Convention on the Rights of Persons with Disabilities;

 

  the Refugee Convention;

 

  the Convention on the Elimination of All Forms of Discrimination against Women,

 

  the outcomes of the Beijing Platform for Action and the Programme of Action of the International Conference on Population and Development (ICPD);

 

  the UNCTAD Roadmap towards Sustainable Sovereign Debt Workouts (April 2015);

 

  the Guiding Principles on Foreign Debt and Human Rights drawn up by the Office of the UN High Commissioner for Human Rights;

 

  the Global Compact on Refugees;

 

  the Global Compact on Safe, Orderly and Regular Migration, adopted in Marrakech on December 10th 2018;

 

  the United Nations Convention on the Rights of the Child.

Amendment    10

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11)  In accordance with the Global Strategy and the Sendai Framework for Disaster Risk Reduction (2015-2030) as adopted on 18 March 201561 , recognition should be given to the need to move away from crisis response and containment to a more structural, long-term approach that more effectively addresses situations of fragility, natural and man-made disasters, and protracted crises. Greater emphasis and collective approaches are required on risk reduction, prevention, mitigation and preparedness; and further efforts are required to enhance swift response and a durable recovery. This Regulation should therefore contribute to strengthening resilience and linking humanitarian aid and development action through rapid response actions.

(11)  In accordance with the Global Strategy and the Sendai Framework for Disaster Risk Reduction (2015-2030) as adopted on 18 March 201561, recognition should be given to the need to move away from crisis response and containment to a more structural, preventive long-term approach that more effectively addresses situations of fragility, natural and man-made disasters, and protracted crises. Greater emphasis and collective approaches are required on risk reduction, prevention, mitigation and preparedness; and further efforts are required to enhance swift response and a durable recovery. This Regulation should therefore contribute to strengthening resilience and linking humanitarian aid and development action particularly through rapid response actions as well as relevant geographic and thematic programmes, while ensuring the appropriate predictability, transparency and accountability, as well as coherence, consistency and complementarity with humanitarian aid and full compliance with international humanitarian law and without hindering the delivery of humanitarian aid according to the principles of humanity, neutrality, impartiality and independence in emergency and post-emergency contexts.

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61 "Sendai Framework for Disaster Risk Reduction", adopted on 18 March 2015 and endorsed by the United Nations General Assembly on 3 June 2015 (A/RES/69/283).

61 "Sendai Framework for Disaster Risk Reduction", adopted on 18 March 2015 and endorsed by the United Nations General Assembly on 3 June 2015 (A/RES/69/283).

Amendment    11

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(12)  In line with the international commitments of the Union on development effectiveness as adopted in Busan in 2011 and renewed at the Nairobi High Level Forum in 2016 and recalled in the Consensus, the Union’s development cooperation should apply the development effectiveness principles, namely ownership of development priorities by developing countries, a focus on results, inclusive development partnerships as well as transparency and accountability.

(12)  In line with the international commitments of the Union on development effectiveness as adopted in Busan in 2011 and renewed at the Nairobi High Level Forum in 2016 and recalled in the Consensus, the Union, in the context of its official development assistance and across all aid modalities, should apply the development effectiveness principles, namely ownership of development priorities by developing countries, a focus on results, inclusive development partnerships as well as mutual transparency and accountability, in addition to the principles of alignment and harmonisation.

Amendment    12

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(13)  Pursuant to the Sustainable Development Goals, this Regulation should contribute to reinforced monitoring and reporting with a focus on results, covering outputs, outcomes and impacts in partner countries benefiting from the Union's external financial assistance. In particular, as agreed in the Consensus, actions under this Regulation are expected to contribute 20% of the Official Development Assistance funded under this Regulation to social inclusion and human development, including gender equality and women's empowerment.

(13)  Pursuant to the Sustainable Development Goals, this Regulation should contribute to reinforced monitoring and reporting with a focus on results, covering outputs, outcomes and impacts in partner countries benefiting from the Union's external financial assistance. In particular, as agreed in the Consensus, actions under this Regulation should contribute at least 20% of the Official Development Assistance funded under this Regulation to social inclusion and human development, with a focus on basic social services, such as health, education, nutrition, water, sanitation and hygiene, and social protection, particularly to the most marginalised, taking into account gender equality, women's empowerment and children’s rights as horizontal issues.

Amendment    13

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(14)  Whenever possible and appropriate, the results of the Union's external action should be monitored and assessed on the basis of pre-defined, transparent, country-specific and measurable indicators, adapted to the specificities and objectives of the Instrument and preferably based on the results framework of the partner country.

(14)  In order to improve effective accountability and transparency of the Union budget, the Commission should set up clear monitoring and evaluation mechanisms to ensure effective assessment of progress towards the achievement of this Regulation’s objectives. The results of the Union's external action should be monitored and assessed on the basis of pre-defined, transparent, country-specific and measurable indicators, adapted to the specificities and objectives of the Instrument and based on the results framework of the partner country. The Commission should regularly monitor its actions and review progress, making the results publicly available, in particular in the form of an annual report to the European Parliament and the Council.

Amendment    14

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(15)  This Regulation should contribute to the collective Union objective of providing 0.7% of Gross National Income as Official Development Assistance within the timeframe of the 2030 Agenda. In that regard, at least 92% of the funding under this Regulation should contribute to actions designed in such a way that they fulfil the criteria for Official Development Assistance as established by the Development Assistance Committee of the Organisation for Economic Cooperation and Development.

(15)  This Regulation should contribute to the collective Union objective of providing 0.7% of Gross National Income as Official Development Assistance within the timeframe of the 2030 Agenda. That commitment should be based on a clear roadmap for the Union and its Member States to set out deadlines and modalities for its achievement. In that regard, at least 95 % of the funding under this Regulation should contribute to actions designed in such a way that they fulfil the criteria for Official Development Assistance as established by the Development Assistance Committee of the Organisation for Economic Cooperation and Development.

Amendment    15

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16)  In order to ensure resources are provided to where the need is greatest, especially to the Least Developed Countries and the countries in situation of fragility and conflict, this Regulation should contribute to the collective target of reaching 0.20% of the Union Gross National Income towards Least Developed Countries within the timeframe of the 2030 Agenda.

(16)  In order to ensure resources are provided to where the need is greatest, especially to the Least Developed Countries and the countries in situation of fragility and conflict, this Regulation should contribute to the collective target of reaching 0.20% of the Union Gross National Income towards Least Developed Countries within the timeframe of the 2030 Agenda. This commitment should be based on a clear roadmap for the EU and its Member States to set out deadlines and modalities for its achievement.

Amendment    16

Proposal for a regulation

Recital 16 a (new)

Text proposed by the Commission

Amendment

 

(16 a)  In line with existing commitments in the EU Gender Action Plan II, at least 85% of Official Development Assistance funded programmes, geographic and thematic, should have gender equality as a principal or a significant objective, as defined by the OECD DAC. A mandatory review of the spending should ensure that a significant part of these programmes have gender equality and women’s and girls’ rights and empowerment as a principal objective.

Amendment    17

Proposal for a regulation

Recital 16 b (new)

Text proposed by the Commission

Amendment

 

(16 b)  This regulation should give particular attention to children and youth as contributors to the realisation of Agenda 2030. The Union's external action under this Regulation should give particular attention to their needs and empowerment and will contribute to the realisation of their potential as key agents of change by investing in human development and social inclusion.

Amendment    18

Proposal for a regulation

Recital 16 c (new)

Text proposed by the Commission

Amendment

 

(16 c)  The inhabitants of the countries of Sub-Saharan Africa are mainly adolescents and young people. Each country should decide on its demographic policy. However, the demographic dynamic should be tackled in a global way in order to ensure that current and future generations will be able to achieve their full potential in a sustainable way.

Amendment    19

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(17)  This Regulation should reflect the need to focus on strategic priorities, both geographically – the European Neighbourhood and Africa, as well as countries that are fragile and most in need, but also thematically – security, migration, climate change and human rights.

(17)  This Regulation should reflect the need to focus on strategic priorities, both geographically – the European Neighbourhood and Africa, as well as countries that are fragile and most in need, particularly Least Developed Countries, but also thematically – sustainable development, poverty eradication, democracy and human rights, the rule of law, good governance, security, safe, orderly and regular migration, the reduction of inequalities, gender equality, addressing environmental degradation and climate change and global public health threats.

Amendment    20

Proposal for a regulation

Recital 17 a (new)

Text proposed by the Commission

Amendment

 

(17 a)  This Regulation should contribute to creating State and societal resilience in the area of global public health by addressing global public health threats, strengthening health systems, achieving universal health coverage, preventing and combatting communicable diseases and helping to secure affordable medicines and vaccines for all.

Amendment    21

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(18)  This Regulation should support the implementation of the European Neighbourhood Policy, as reviewed in 2015, and the implementation of regional cooperation frameworks, such as cross-border cooperation and the external aspects of relevant macro-regional and sea basin strategies and policies. Those initiatives offer political frameworks for deepening relations with and among partner countries, based on the principles of mutual accountability, shared ownership and responsibility.

(18)  The special relationship developed with the Union’s neighbouring countries, in accordance with Article 8 TEU, should be preserved and enhanced through the application of this Regulation. This Regulation should contribute to reinforcing States’ and societies’ resilience in the Union’s neighbourhood, following the engagement taken in the Global Strategy. It should support the implementation of the European Neighbourhood Policy, as reviewed in 2015, and the implementation of regional cooperation frameworks, such as cross-border cooperation and the external aspects of relevant macro-regional and sea basin strategies and policies in the eastern and southern neighbourhood, including the Northern Dimension and the Black Sea regional cooperation. Those initiatives offer supplementary political frameworks for deepening relations with and among partner countries, based on the principles of mutual accountability, shared ownership and responsibility.

Amendment    22

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(19)  The European Neighbourhood Policy, as reviewed in 201562 , aims at the stabilisation of neighbouring countries and strengthening resilience, particularly by boosting economic development, as the Union's main political priorities. In order to attain its objective, the reviewed European Neighbourhood Policy has been focusing on four priority areas: good governance, democracy, the rule of law and human rights, with a particular focus in engaging further with civil society; economic development; security; migration and mobility, including tackling the root causes of irregular migration and forced displacement. Differentiation and enhanced mutual ownership are the hallmark of the European Neighbourhood Policy, recognising different levels of engagement, and reflecting the interests of each country concerning the nature and focus of its partnership with the Union.

(19)  The European Neighbourhood Policy aims at the deepening of democracy, promotion of human rights and upholding of the rule of law, the stabilisation of neighbouring countries and strengthening resilience, particularly by promoting political, economic and social reforms, as the Union's main political priorities. In order to attain its objective, the implementation of the reviewed European Neighbourhood Policy through this Regulation should focus on the following priority areas: good governance, democracy, the rule of law and human rights, with a particular focus in engaging further with civil society; socio-economic development, including the fight against youth unemployment, as well as education and environmental sustainability; security; migration and mobility, including tackling the root causes of irregular migration and forced displacement and supporting populations, countries and regions confronted with enhanced migratory pressure. This Regulation should support the implementation of the Union’s association agreements and deep and comprehensive free trade agreements with countries in the neighbourhood. Differentiation and enhanced mutual ownership are the hallmark of the European Neighbourhood Policy, recognising different levels of engagement, and reflecting the interests of each country concerning the nature and focus of its partnership with the Union. The performance-based approach is one of the key tenets of the European Neighbourhood Policy. In the case of a serious or persistent degradation of democracy in one of the partner countries, support should be suspended. Neighbourhood funding is a key lever in addressing common challenges, such as irregular migration and climate change, as well as in spreading prosperity, security and stability through economic development and better governance. The visibility of Union assistance in the neighbourhood area should be enhanced.

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62 Joint communication to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, "Review of the European Neighbourhood policy", 18 November 2015.

62 Joint communication to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, "Review of the European Neighbourhood policy", 18 November 2015.

Amendment    23

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(20)  This Regulation should support the implementation of a modernised association agreement with countries of the Africa, Caribbean and Pacific (ACP) Group of States and allow the EU and its ACP partners to develop further strong alliances on key global challenges. In particular, this Regulation should support the continuation of the established cooperation between the Union and the African Union in line with the Joint Africa-EU Strategy and build on the future EU-ACP agreement after 2020, including through a continental approach towards Africa.

(20)  This Regulation should support the implementation of a modernised association agreement with countries of the Africa, Caribbean and Pacific (ACP) Group of States and allow the EU and its ACP partners to develop further strong alliances on key and shared global challenges. In particular, this Regulation should support the continuation of the established cooperation between the Union and the African Union in line with the Joint Africa-EU Strategy, including the engagement from Africa and the Union to promote children’s rights as well as the empowerment of Europe’s and Africa’s youth, and build on the future EU-ACP agreement after 2020, including through a continental approach towards Africa, and a mutually beneficial partnership of equals between the EU and Africa.

Amendment    24

Proposal for a regulation

Recital 20 a (new)

Text proposed by the Commission

Amendment

 

(20 a)  This Regulation should also contribute to the trade-related aspects of the Union's external relations, such as cooperation with third countries on supply chain due diligence for tin, tantalum and gold, the Kimberley Process, the Sustainability Compact, the implementation of commitments under Regulation (EU) No 978/2012 of the European Parliament and the Council1a (GSP Regulation), cooperation under the Forest Law Enforcement, Governance and Trade (FLEGT) and Aid for Trade initiatives in order to ensure consistency and mutual support between Union trade policy and development goals and actions.

 

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1a Regulation (EU) No 978/2012 of the European Parliament and of the Council of 25 October 2012 applying a scheme of generalised tariff preferences and repealing Council Regulation (EC) No 732/2008 (OJ L 303, 31.10.2012, p. 1).

Amendment    25

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(21)  The Union should seek the most efficient use of available resources in order to optimise the impact of its external action. That should be achieved through coherence and complementarity among the Union's external financing instruments, notably the Instrument for Pre-Accession III63 , the Humanitarian Aid Instrument64 , the Decision on Overseas Countries and Territories65 , the European Instrument for Nuclear Safety to complement the Neighbourhood, Development and International Cooperation Instrument on the basis of the Euratom Treaty66 , the common foreign and security policy and the newly proposed European Peace Facility67 which is financed outside the Union budget, as well as the creation of synergies with other Union policies and Programmes. This includes coherence and complementarity with macro-financial assistance, where relevant. In order to maximise the impact of combined interventions to achieve a common objective, this Regulation should allow for the combination of funding with other Union Programmes, as long as the contributions do not cover the same costs.

(21)  The Union should seek the most efficient use of available resources in order to optimise the impact of its external action. That should be achieved through coherence, consistency and complementarity among the Union's external financing instruments, notably the Instrument for Pre-Accession III63 , the Humanitarian Aid Instrument64 , the Decision on Overseas Countries and Territories65 , the European Instrument for Nuclear Safety to complement the Neighbourhood, Development and International Cooperation Instrument on the basis of the Euratom Treaty66 , the common foreign and security policy and the newly proposed European Peace Facility67 which is financed outside the Union budget, as well as the creation of synergies with other Union policies and Programmes, including Trust Funds as well as policies and programmes of the EU Member States. This includes coherence and complementarity with macro-financial assistance, where relevant. In order to maximise the impact of combined interventions to achieve a common objective, this Regulation should allow for the combination of funding with other Union Programmes, as long as the contributions do not cover the same costs.

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63 COM (2018) 465 final Proposal for a Regulation of the European Parliament and of the Council establishing the Instrument for Pre-accession Assistance (IPA III)

63 COM (2018) 465 final Proposal for a Regulation of the European Parliament and of the Council establishing the Instrument for Pre-accession Assistance (IPA III)

64 Council Regulation (EC) No 1257/96 of 20 June 1996 concerning humanitarian aid (OJ L 163, 2.7.1996, p. 1).

64 Council Regulation (EC) No 1257/96 of 20 June 1996 concerning humanitarian aid (OJ L 163, 2.7.1996, p. 1).

65 COM(2018) 461 final Proposal for a Council Decision on the Association of the Overseas Countries and Territories with the European Union including relations between the European Union on the one hand, and Greenland and the Kingdom of Denmark on the other ('Overseas Association Decision').

65 COM(2018) 461 final Proposal for a Council Decision on the Association of the Overseas Countries and Territories with the European Union including relations between the European Union on the one hand, and Greenland and the Kingdom of Denmark on the other ('Overseas Association Decision').

66 COM(2018) 462 final Proposal for a Council Regulation establishing a European Instrument for Nuclear Safety complementing the Neighbourhood, Development and International Cooperation Instrument on the basis of the Euratom Treaty.

66 COM(2018) 462 final Proposal for a Council Regulation establishing a European Instrument for Nuclear Safety complementing the Neighbourhood, Development and International Cooperation Instrument on the basis of the Euratom Treaty.

67 C(2018) 3800 final Proposal of the High Representative of the Union for Foreign Affairs and Security Policy to the Council for a Council Decision establishing a European Peace Facility.

67 C(2018) 3800 final Proposal of the High Representative of the Union for Foreign Affairs and Security Policy to the Council for a Council Decision establishing a European Peace Facility.

Amendment    26

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

(22)  Funding from this Regulation should be used to finance actions under the international dimension of Erasmus, the implementation of which should be done according to the Erasmus Regulation68.

(22)  Funding from this Regulation should be used to finance actions under the international dimension of Erasmus and Creative Europe, the implementation of which should be done according to the Erasmus Regulation68 and the Creative Europe Regulation68a.

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68 COM (2018) 367 final Proposal for a Regulation of the European Parliament and of the Council establishing ‘Erasmus’: the Union programme for education, training, youth and sport and repealing Regulation (EU) 1288/2013

68 COM (2018) 367 final Proposal for a Regulation of the European Parliament and of the Council establishing ‘Erasmus’: the Union programme for education, training, youth and sport and repealing Regulation (EU) 1288/2013;

 

68a COM (2018) final Proposal for a Regulation of the European Parliament and of the Council establishing the Creative Europe programme (2021 to 2027) and repealing Regulation (EU) No 1295/2013.

Amendment    27

Proposal for a regulation

Recital 22 a (new)

Text proposed by the Commission

Amendment

 

(22 a)  The international dimension of the Erasmus Plus Programme should be boosted aiming at increasing opportunities for mobility and cooperation for individuals and organisations from less developed countries of the world - supporting capacity-building in third countries, skills’ development, people-to-people exchanges, while offering a greater number of opportunities for cooperation and mobility with developed and emerging countries.

Amendment    28

Proposal for a regulation

Recital 22 b (new)

Text proposed by the Commission

Amendment

 

(22 b)  Considering the relevance of addressing education and culture in line with the 2030 Agenda for Sustainable Development and the EU strategy for international cultural relations, this Regulation should contribute to ensure inclusive and equitable quality education, promote life-long learning opportunities for all, foster international cultural relations, and recognise the role of culture in promoting European values through dedicated and targeted actions designed to have a clear impact on the Union’s role on the global scene.

Amendment    29

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(23)  The main approach for actions financed under this Regulation should be through geographic programmes, in order to maximise the impact of the Union's assistance and bring Union's action closer to partner countries and populations. This general approach should be complemented by thematic programmes and by rapid response actions, where relevant.

(23)  The main approach for actions financed under this Regulation should be through geographic programmes, in order to maximise the impact of the Union's assistance and bring Union's action closer to partner countries and populations, while supporting thematic priorities such as human rights, civil society and sustainability. The objectives under the geographic and thematic programmes should be consistent and coherent with each other and should be complemented by thematic programmes and by rapid response actions, where relevant. Effective complementarity between the geographic, thematic and rapid response programmes and actions should be ensured. In order to take account of the specificities of each programme, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to supplement the provisions of this Regulation by setting out the Union’s strategy, the priority areas, detailed objectives, the expected results, specific performance indicators and the specific financial allocation for each programme. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making1a. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

 

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1a OJ L 123, 12.5.2016, p. 1.

Amendment    30

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

(24)  In line with the Consensus, the Union and its Member States should enhance joint programming to increase their collective impact by bringing together their resources and capacities. Joint programming should build on the partner countries’ engagement, appropriation and ownership. The Union and its Member States should seek to support partner countries through joint implementation, whenever appropriate.

(24)  In line with the Consensus, the Union and its Member States should enhance joint programming to increase their collective impact by bringing together their resources and capacities. Joint programming should build on the partner countries’ engagement, appropriation and ownership. The Union and its Member States should seek to support partner countries through joint application, whenever appropriate. Joint application should be inclusive and open to all Union partners who agree and can contribute to a common vision, including Member States’ agencies and their development financial institutions, local authorities, the private sector, civil society and academia.

Amendment    31

Proposal for a regulation

Recital 24 a (new)

Text proposed by the Commission

Amendment

 

(24 a)  In the case of a serious or persistent degradation of democracy, human rights and rule of law in one of the partner countries, support may, by means of a delegated act, be partially or fully suspended. The Commission should take due account of relevant European Parliament resolutions in its decision-making.

Amendment    32

Proposal for a regulation

Recital 24 b (new)

Text proposed by the Commission

Amendment

 

(24 b)  This Regulation should reconfirm nuclear safety as an important part of the Union external action and facilitate the objectives of cooperation specified in Regulation (EINS). Therefore, in the event where a partner country persistently fails to respect the basic nuclear safety standards, such as provisions of the relevant international Conventions within the Framework of the IAEA, the Espoo and Aarhus Conventions and their subsequent amendments, the Treaty on the Non-Proliferation of Nuclear Weapons and the additional Protocols thereto, the commitments to implementation of stress tests and related measures, and the objectives of cooperation specified in Regulation (EINS), assistance under this Regulation for the country concerned should be reconsidered and may be suspended or partly suspended.

Amendment    33

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

(25)  Whilst democracy and human rights, including gender equality and women's empowerment should be reflected throughout the implementation of this Regulation, Union assistance under the thematic programmes for human rights and democracy and civil society organisations should have a specific complementary and additional role by virtue of its global nature and its independence of action from the consent of the governments and public authorities of the third countries concerned.

(25)  Whilst democracy, human rights and fundamental freedoms, including the protection of children, minorities, persons with disabilities and LGBTI persons, as well as gender equality, women and girls’ empowerment should be consistently reflected and mainstreamed throughout the application of this Regulation, Union assistance under the thematic programmes for human rights and democracy and civil society organisations - local authorities should have a specific complementary and additional role by virtue of its global nature and its independence of action from the consent of the governments and public authorities of the third countries concerned. In doing so, the Union should pay particular attention to countries and urgency situations where human rights and fundamental freedoms are most at risk and where disrespect for those rights and freedoms is particularly pronounced and systematic, as well as to situations where space for civil society is at stake. The Union’s assistance under this Regulation should be designed in such a way as to allow for support to, and cooperation and partnership with civil society on sensitive and human rights and democracy issues, providing the flexibility and requisite reactivity to respond to changing circumstances, needs of beneficiaries, or periods of crisis, and when necessary, contributing to capacity building of civil society. In such cases, the political priorities should be to promote respect for international law and to provide means of action to local civil society and other relevant human rights stakeholders in order to contribute to work that is carried out in very difficult circumstances. This Regulation should offer also the possibility for civil society organisations to receive small grants in a fast and efficient manner when necessary, in particular in the most difficult situations, such as those of fragility, crisis, and inter-community tensions.

Amendment    34

Proposal for a regulation

Recital 25 a (new)

Text proposed by the Commission

Amendment

 

(25 a)  In accordance with Articles 2, 3 and 21 TEU and Article 8 TFEU, the implementation of this Regulation should be guided by the principles of gender equality, women and girls’ empowerment, and should seek to protect and promote women’s rights in line with the Gender Action Plan II, the Council Conclusions on Women Peace and Security of 10 December 2018, the Council of Europe Istanbul Convention and Goal 5 of the 2030 Agenda for Sustainable Development.

Amendment    35

Proposal for a regulation

Recital 25 b (new)

Text proposed by the Commission

Amendment

 

(25 b)  This Regulation should address and mainstream the promotion of women’s rights and gender equality globally, including by supporting organisations which are working on promoting sexual and reproductive health and rights (access to quality and accessible information, education and services) and combating gender-based violence and discrimination, as well as recognising and addressing the close links between the issues of peace, security, development and gender equality. This work should be coherent with, and promote the implementation of relevant international and European principles and conventions.

Amendment    36

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(26)  Civil society organisations should embrace a wide range of actors with different roles and mandates which includes all non-State, not-for-profit structures, non-partisan and non-violent, through which people organise to pursue shared objectives and ideals, whether political, cultural, social or economic. Operating from the local to the national, regional and international levels, they comprise urban and rural, formal and informal organisations.

(26)  Civil society organisations should embrace a wide range of actors with multiple roles and mandates which includes all non-State, not-for-profit and non-violent structures, through which people organise to pursue shared objectives and ideals, whether political, cultural, social, religious, environmental, economic or holding authorities to account. Operating from the local to the national, regional and international levels, they comprise urban and rural, formal and informal organisations. Other bodies or actors not specifically excluded by this Regulation should be able to be financed when it is necessary to achieve the objectives of this Regulation.

Amendment    37

Proposal for a regulation

Recital 26 a (new)

Text proposed by the Commission

Amendment

 

(26 a)  In line with the Consensus for Development, the Union and its Member States should foster the participation of civil society organisations (CSOs) and local authorities (LAs) in contributing to sustainable development and to the implementation of the SDGs, inter alia in the sectors of democracy, the rule of law, fundamental freedoms and human rights, social justice and as providers of basic social services to populations most in need. They should recognise the multiple roles played by CSOs and LAs, the latter as promoters of a territorial approach to development, including decentralisation processes, participation, oversight and accountability. The Union and its Member States should promote an operating space and enabling environment for CSOs, and further enhance their support for CSOs’ and LAs’ capacity building in order to strengthen their voice in the sustainable development process and advance political, social and economic dialogue, including through civil society facilities programmes.

Amendment    38

Proposal for a regulation

Recital 26 b (new)

Text proposed by the Commission

Amendment

 

(26 b)  The Union should support civil society organisations and promote their greater strategic involvement in all external instruments and programmes, including geographical programmes and the rapid response actions under this Regulation, in keeping with the Council conclusions of 15 October 2012 on 'The roots of democracy and sustainable development: Europe’s engagement with civil society in external relations’.

Amendment    39

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

(28)  Reflecting the importance of tackling climate change in line with the Union commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, this Regulation should contribute to mainstream climate action in the Union policies and to the achievement of an overall target of 25 % of the Union budget expenditures supporting climate objectives. Actions under this Regulation are expected to contribute 25% of its overall financial envelope to climate objectives. Relevant actions will be identified during the implementation of this Regulation, and the overall contribution from this Regulation should be part of relevant evaluations and review processes.

(28)  Reflecting the importance of tackling climate change, protecting the environment and fight biodiversity loss, in line with the Union commitments to implement the Paris Agreement, the Convention on Biological Diversity and the United Nations Sustainable Development Goals, this Regulation should contribute to mainstream climate and environmental action in the Union policies and to the achievement of the overall target of the Union budget expenditures supporting climate objectives and support actions with clear and identifiable co-benefits across sectors. Actions under this Regulation are expected to contribute 45% of its overall financial envelope to climate objectives, environmental management and protection, biodiversity and combatting desertification, of which 30% of the overall financial envelope should be dedicated to climate change mitigation and adaptation. Relevant actions will be identified during the application of this Regulation, and the overall contribution from this Regulation should be part of relevant evaluations and review processes. Union action in this area should favour the adherence to the Paris Agreement and to the Rio Conventions, and not contribute to environmental degradation or cause harm to the environment or climate. Actions and measures contributing to meeting the target on climate shall put special emphasis on support for adaptation to climate change in poor, highly vulnerable countries, and should take into consideration the relation between climate, peace and security, women’s empowerment and the fight against poverty. This Regulation should contribute to the sustainable management of natural resources and promote sustainable and secure mining, forest management and agriculture.

Amendment    40

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

(29)  It is essential to further step up cooperation on migration with partner countries, reaping the benefits of well-managed and regular migration and effectively addressing irregular migration. Such cooperation should contribute to ensuring access to international protection, addressing the root causes of irregular migration, enhancing border management and pursuing efforts in the fight against irregular migration, trafficking in human beings and migrant smuggling, and working on returns, readmission and reintegration where relevant, on the basis of mutual accountability and full respect of humanitarian and human rights obligations. Therefore, third countries' effective cooperation with the Union in this area should be an integral element in the general principles of this Regulation. An increased coherence between migration and development cooperation policies is important to ensure that development assistance supports partner countries to manage migration more effectively. This Regulation should contribute to a coordinated, holistic and structured approach to migration, maximising the synergies and applying the necessary leverage.

(29)  Cooperation on migration with partner countries can lead to mutually benefiting from orderly, safe and responsible migration and to effectively addressing irregular migration and forced displacement. Such cooperation should contribute to facilitating safe and legal pathways for migration and asylum, ensuring access to international protection, addressing the root causes of irregular migration and forced displacement, engaging with diasporas, enhancing border management and pursuing efforts in addressing irregular migration, trafficking in human beings and migrant smuggling, and working on safe, dignified and sustainable returns, readmission and reintegration where relevant, in a conflict-sensitive manner, on the basis of mutual accountability, and in full respect of humanitarian and human rights obligations under international and Union law. Coherence between migration and development cooperation policies is important to ensure that development assistance supports partner countries to fight poverty and inequality, promote rights and freedoms, as well as contribute to an orderly, safe and responsible migration management. This Regulation should contribute to a coordinated, holistic and structured approach to migration, maximising the synergies and the positive impact of migration and mobility on development.

Amendment    41

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

(30)  This Regulation should enable the Union to respond to challenges, needs and opportunities related to migration, in complementarity with Union migration policy. To contribute to that end, and without prejudice to unforeseen circumstances, 10% of its financial envelope is expected to be dedicated to addressing the root causes of irregular migration and forced displacement and to supporting migration management and governance including the protection of refugees and migrants' rights within the objectives of this Regulation.

(30)  This Regulation should enable the Union to respond to challenges, needs and opportunities related to migration, in complementarity with Union migration and development policies. To contribute to that end, in order to maximise the contribution of migration to development, and without prejudice to new emerging challenges or new needs, a maximum of 10% of its financial envelope is expected to be dedicated to addressing the root causes of irregular migration and forced displacement and to supporting strengthened engagement to facilitate safe, orderly, regular and responsible migration and the implementation of planned and well-managed migration policies and governance, including the protection of refugees and migrants' rights based on international and Union law within the objectives of this Regulation. This Regulation should also contribute to addressing the brain-drain phenomenon and to help support the needs of displaced people and host communities, in particular through the provision of access to basic services and livelihoods opportunities.

Amendment    42

Proposal for a regulation

Recital 30 a (new)

Text proposed by the Commission

Amendment

 

(30 a)  Information and communication technologies (ICT) and services are proven enablers of sustainable development and inclusive growth. They can be key to improving citizens' lives even in the poorest countries, in particular by empowering women and girls, enhancing democratic governance and transparency, and boosting productivity and job creation. Nevertheless, connectivity and affordability remain a problem both across and within regions, since there are large variations between high and lower income countries and between cities and rural areas. This regulation should therefore help the Union to further mainstream digitalisation into the Union development policies.

Amendment    43

Proposal for a regulation

Recital 30 b (new)

Text proposed by the Commission

Amendment

 

(30 b)  The 2030 Agenda for Sustainable Development, adopted by a Resolution of the United Nations General Assembly on 25 September 2015, underlined the importance of promoting peaceful and inclusive societies both as a Sustainable Development Goal (SDG) 16 and in order to achieve other development policy outcomes. SDG 16.a specifically requests to ‘Strengthen relevant national institutions, including through international cooperation, for building capacities at all levels, in particular in developing countries, to prevent violence and combat terrorism and crime’.

Amendment    44

Proposal for a regulation

Recital 30 c (new)

Text proposed by the Commission

Amendment

 

(30 c)  In the High Level Meeting Communiqué of 19 February 2016, the Development Assistance Committee of the Organisation for Economic Cooperation and Development updated the reporting directives on Official Development Assistance in the field of peace and security. The financing of the actions undertaken in accordance with this Regulation constitutes Official Development Assistance when it fulfils the criteria set out in those reporting directives or any subsequent reporting directives, upon which the Development Assistance Committee is able to agree.

Amendment    45

Proposal for a regulation

Recital 30 d (new)

Text proposed by the Commission

Amendment

 

(30 d)  The capacity building in support of development and security for development should be used in exceptional cases only, where the objectives of the Regulation cannot be met by other development cooperation activities. Giving support to security sector actors in third countries, including, under exceptional circumstances, the military, in a conflict prevention, crisis management or stabilisation context is essential to ensure appropriate conditions for poverty eradication and development. Good governance, effective democratic control and civilian oversight of the security system, including of the military, as well as compliance with human rights and the rule of law principles are essential attributes of a well-functioning State in any context, and should be promoted through a wider security sector reform support to third countries.

Amendment    46

Proposal for a regulation

Recital 30 e (new)

Text proposed by the Commission

Amendment

 

(30 e)  This Regulation should build on the conclusions of the evaluation by the Commission requested for June 2020, including a wide-ranging, multi-stakeholder public consultation, assessing the coherence of capacity building in support of development and security for development within the security-development nexus funded by the Union and its Member States with the Global Strategy and the UN Sustainable Development Goals.

Amendment    47

Proposal for a regulation

Recital 30 f (new)

Text proposed by the Commission

Amendment

 

(30 f)  The Union should also promote a conflict-sensitive and gender-sensitive approach in all actions and programmes under this Regulation, with the aim of avoiding negative impacts and maximising positive ones.

Amendment    48

Proposal for a regulation

Recital 32

Text proposed by the Commission

Amendment

(32)  The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, and the expected risk of non-compliance. This should include consideration of the use of lump sums, flat rates and unit costs, as well as financing not linked to costs as referred to in Article 125(1) of the Financial Regulation.

(32)  The types of financing and the methods of application under this Regulation should be chosen on the basis of partner’s needs, preferences and specific context, their relevance, sustainability and ability to comply with the development effectiveness principles, achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, and the expected risk of non-compliance. This should include consideration of the use of lump sums, flat rates and unit costs, as well as financing not linked to costs as referred to in Article 125(1) of Regulation (EU, Euratom) 2018/10461a of the European Parliament and of the Council (‘the Financial Regulation’). The role of the European Endowment for Democracy (EED) as a foundation mandated through the European institutions for the support of democracy, civil society and human rights worldwide should be strengthened and increased under this Regulation. The EED should be given the administrative flexibility and the financial opportunities to disburse targeted grants to civil society actors in the European Neighbourhood standing for the implementation of the European Neighbourhood Policy, in particular where it concerns the development of democracy, human rights, free elections and the rule of law.

Amendment    49

Proposal for a regulation

Recital 33

Text proposed by the Commission

Amendment

(33)  The new European Fund for Sustainable Development Plus (‘EFSD+’), building on its successful predecessor, the EFSD70 , should constitute an integrated financial package supplying financing capacity in the form of grants, budgetary guarantees and financial instruments worldwide. The EFSD+ should support the External Investment Plan and combine blending and budgetary guarantee operations covered by the External Action Guarantee, including those covering sovereign risks associated with lending operations, previously carried out under the external lending mandate to the European Investment Bank. Given its role under the Treaties and its experience over the last decades in supporting Union policies, the European Investment Bank should remain a natural partner for the Commission for the implementation of operations under the External Action Guarantee.

(33)  The new European Fund for Sustainable Development Plus (‘EFSD+’), building on its predecessor, the EFSD70 , should constitute an integrated financial package supplying financing capacity in the form of grants, budgetary guarantees and financial instruments worldwide. The EFSD+ should support the External Investment Plan and combine blending and budgetary guarantee operations covered by the External Action Guarantee, including those covering sovereign risks associated with lending operations, previously carried out under the external lending mandate to the European Investment Bank. Given its role under the Treaties and its experience over the last decades in supporting Union policies, the European Investment Bank should remain a natural partner for the Commission for the application of operations under the External Action Guarantee. Other Multilateral Development Banks (MDBs) or EU National Development Banks (NDBs) also have skills and capital which can add significant value to the impact of Union development policy and their participation under the EFSD+ should therefore also be strongly promoted through this Regulation.

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70 Regulation (EU) 2017/1601 of the European Parliament and of the Council of 26 September 2017 establishing the European Fund for Sustainable Development (EFSD), the EFSD Guarantee and the EFSD Guarantee Fund.

70 Regulation (EU) 2017/1601 of the European Parliament and of the Council of 26 September 2017 establishing the European Fund for Sustainable Development (EFSD), the EFSD Guarantee and the EFSD Guarantee Fund.

Amendment    50

Proposal for a regulation

Recital 34

Text proposed by the Commission

Amendment

(34)  The EFSD+ should aim at supporting investments as a means of contributing to the achievement of the Sustainable Development Goals by fostering sustainable and inclusive economic and social development and promoting the socio-economic resilience in partner countries with a particular focus on the eradication of poverty, sustainable and inclusive growth, the creation of decent jobs, economic opportunities, skills and entrepreneurship, socioeconomic sectors, micro, small and medium-sized enterprises as well as addressing specific socioeconomic root causes of irregular migration, in accordance with the relevant indicative programming documents. Special attention should be given to countries identified as experiencing fragility or conflict, Least Developed Countries and heavily indebted poor countries.

(34)  The EFSD+ should aim at supporting investments as a means of contributing to the achievement of the Sustainable Development Goals by fostering sustainable and inclusive economic, cultural and social development and promoting the socio-economic resilience in partner countries with a particular focus on the eradication of poverty, preventing conflict and the promotion of peaceful, just and inclusive societies, sustainable and inclusive economic progress, tackling climate change through mitigation and adaptation, environmental degradation, the creation of decent jobs in compliance with relevant ILO standards and economic opportunities, in particular for women, young and vulnerable people. Emphasis should be placed on providing inclusive and equitable quality education, and the development of skills and entrepreneurship by strengthening educational and cultural structures, including for children in humanitarian emergencies and situations of forced displacement. It should also aim at supporting a stable investment environment, industrialisation, socioeconomic sectors, cooperatives, social enterprises, micro, small and medium-sized enterprises as well as strengthening democracy the rule of law and human rights, the lack of which often constitute the specific socioeconomic root causes of irregular migration and forced displacement, in accordance with the relevant indicative programming documents. Special attention should be given to countries identified as experiencing fragility or conflict, Least Developed Countries and heavily indebted poor countries. A special focus should be placed also to improve the delivery of essential public basic services, food security, and to improve the quality of life of rapidly growing urban populations, including through adequate, safe and affordable housing. The EFSD+ should encourage for-profit/non-profit partnerships as a means of guiding private sector investments towards sustainable development and poverty eradication. The strategic involvement of civil society organisations and of Union Delegations in partner countries should also be promoted at all stages of the project cycle, to help finding tailor-made solutions for promoting the socioeconomic development of communities, job creation, and new business opportunities. Investments should be based on conflict analysis, focus on the root causes of conflict, fragility and instability, maximising the potential for fostering peace and minimising the risks of exacerbating conflicts.

Amendment    51

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

(35)  The EFSD+ should maximise additionality of funding, address market failures and sub-optimal investment situations, deliver innovative products and ‘crowd-in’ private sector funds. Involvement of the private sector in the Union’s cooperation with partner countries through the EFSD+ should yield measurable and additional development impact without distorting the market and should be cost-effective based on mutual accountability and risk and cost sharing. The EFSD+ should operate as a ‘one-stop-shop’, receiving financing proposals from financial institutions and public or private investors and delivering a wide range of financial support to eligible investments.

(35)  The EFSD+ should maximise additionality of funding, address market failures and sub-optimal investment situations, deliver innovative products and ‘crowd-in’ private sector funds to optimise the contribution of private finance to local sustainable development. Involvement of the private sector in the Union’s cooperation with partner countries through the EFSD+ should yield measurable and additional development impact in full respect of the environment and local communities’ rights and livelihoods and without distorting the local market and unfairly competing with local economic actors. It should be cost-effective based on mutual accountability and risk and cost sharing. The EFSD+, while based on adequate accountability and transparency criteria, should operate as a ‘one-stop-shop’, receiving financing proposals from financial institutions and public or private investors and delivering a wide range of financial support to eligible investments.

Amendment    52

Proposal for a regulation

Recital 35 a (new)

Text proposed by the Commission

Amendment

 

(35 a)  An EU guarantee for the sovereign investments operations in the public sector shall form part of the EFSD+. That EU guarantee shall not be extended to sovereign investment operations that involve on-lending to the private sector or lending to, or for the benefit of, sub-sovereign entities that can access sub-sovereign financing without sovereign guarantees. In order to assist capacity planning by the EIB, a minimum guaranteed volume of such sovereign investments operations shall be allocated to the EIB.

Amendment    53

Proposal for a regulation

Recital 36

Text proposed by the Commission

Amendment

(36)  An External Action Guarantee should be established building on the existing EFSD Guarantee and the Guarantee Fund for external actions. The External Action Guarantee should support the EFSD+ operations covered by budgetary guarantees, macro-financial assistance and loans to third countries on the basis of Council Decision 77/270/Euratom71 . These operations should be supported by appropriations under this Regulation, together with those under Regulation (EU) No …/… (IPA III) and Regulation (EU) No …/… (EINS), which should also cover the provisioning and liabilities arising from macro-financial assistance loans and loans to third countries referred to in Article 10(2) of Regulation EINS, respectively. When funding EFSD+ operations, priority should be given to those which have a high impact on job creation and whose cost-benefit ratio enhances the sustainability of investment. The operations supported with the External Action Guarantee should be accompanied by an in-depth ex ante assessment of environmental, financial and social aspects, as appropriate and in line with the better regulation requirements. The External Action Guarantee should not be used to provide essential public services, which remains a government responsibility.

(36)  An External Action Guarantee should be established building on the existing EFSD Guarantee and the Guarantee Fund for external actions. The External Action Guarantee should support the EFSD+ operations covered by budgetary guarantees, macro-financial assistance and loans to third countries on the basis of Council Decision 77/270/Euratom71. These operations should be supported by appropriations under this Regulation, together with those under Regulation (EU) No …/… (IPA III) and Regulation (EU) No …/… (EINS), which should also cover the provisioning and liabilities arising from macro-financial assistance loans and loans to third countries referred to in Article 10(2) of Regulation EINS, respectively. When funding EFSD+ operations, priority should be given to those which have a high impact on decent job creation and livelihoods and whose cost-benefit ratio enhances the sustainability of investment and which provide the highest guarantees of sustainability and long-term development impact throughout local ownership. The operations supported with the External Action Guarantee should be accompanied by an in-depth ex ante assessment of environmental, financial and social aspects, including the impact on human rights and livelihoods of affected communities and the impact on inequalities and the identification of ways to address those inequalities in line with the better regulation requirements and taking due account of the principle of free and prior informed consent (FPIC) of affected communities in land-related investments. The External Action Guarantee should not be used to provide essential public services, which remains a government responsibility. Ex-post impact assessments should also happen to measure the development impact of the EFSD+ operations.

__________________

__________________

71 Council decision 77/270/EURATOM of 29 March 1977 empowering the Commission to issue Euratom loans for the purpose of contributing to the financing of nuclear power stations (OJ L 88, 6.4.1977, p. 9).

71 Council decision 77/270/EURATOM of 29 March 1977 empowering the Commission to issue Euratom loans for the purpose of contributing to the financing of nuclear power stations (OJ L 88, 6.4.1977, p. 9).

Amendment    54

Proposal for a regulation

Recital 37

Text proposed by the Commission

Amendment

(37)  In order to provide for flexibility, increase the attractiveness for the private sector and maximise the impact of the investments a derogation from the rules related to the methods of implementation of the Union budget, as laid down in the Financial Regulation, should be provided as regards the eligible counterparts. Those eligible counterparts could also be bodies which are not entrusted with the implementation of a public-private partnership and could also be bodies governed by the private law of a partner country.

(37)  In order to provide for flexibility, increase the attractiveness for the private sector, promote fair competition and maximise the impact of the investments a derogation from the rules related to the methods of implementation of the Union budget, as laid down in the Financial Regulation, should be provided as regards the eligible counterparts. Those eligible counterparts could also be bodies which are not entrusted with the implementation of a public-private partnership and could also be bodies governed by the private law of a partner country.

Amendment    55

Proposal for a regulation

Recital 39

Text proposed by the Commission

Amendment

(39)  External actions are often implemented in a highly volatile environment requiring continuous and rapid adaptation to the evolving needs of Union partners and to global challenges to human rights, democracy and good governance, security and stability, climate change and environment, oceans, and the migration crisis and its root causes. Reconciling the principle of predictability with the need to react rapidly to new needs consequently means adapting the financial implementation of the programmes. To increase the ability of the EU to respond to unforeseen needs, building on the successful experience of the European Development Fund (EDF), an amount should be left unallocated as an emerging challenges and priorities cushion. It should be mobilised in accordance with the procedures established in this Regulation.

(39)  External actions are often applied in a highly volatile environment requiring continuous and rapid adaptation to the evolving needs of Union partners and to global challenges to human rights and fundamental freedoms, democracy and good governance, security and stability, climate change and environment, oceans, and migration, including its root causes such as poverty and inequality, and the impact of the increasing number of displaced persons, especially on developing countries. Reconciling the principle of predictability with the need to react rapidly to new needs consequently means adapting the financial application of the programmes. To increase the ability of the EU to respond to needs not covered by programmes and programming documents, building on the successful experience of the European Development Fund (EDF), a pre-defined amount should be left unallocated as an emerging challenges and priorities cushion. It should be mobilised in duly justified cases in accordance with the procedures established in this Regulation.

Amendment    56

Proposal for a regulation

Recital 42

Text proposed by the Commission

Amendment

(42)  In order to enhance partner countries' ownership of their development processes and the sustainability of external aid, the Union should, where relevant, favour the use of partner countries' own institutions and of partner countries’ systems and procedures for all aspects of the project cycle for cooperation.

(42)  In order to enhance partner countries' democratic ownership of their development processes and the sustainability of external aid, the Union should, where relevant, favour the use of partner countries' own institutions, resources, expertise and of partner countries’ systems and procedures for all aspects of the project cycle for cooperation while ensuring local resources and expertise and the full involvement of local governments and civil society. The Union should also provide training programmes on how to apply for Union funding to local authorities’ civil servants and civil society organisations with the aim of helping them to enhance the eligibility and efficiency of their projects. These programmes should be carried out in the countries concerned, be available in the language of the country and complement any distance learning programmes also established, in order to ensure a targeted training responding to the needs of that country.

Amendment    57

Proposal for a regulation

Recital 44 a (new)

Text proposed by the Commission

Amendment

 

(44 a)  In order to contribute to the international fight against tax fraud, tax evasion, fraud, corruption and money laundering all financing through this Regulation should be provided in a completely transparent manner. Furthermore, the eligible counterparts should not support any activities carried out for illegal purposes nor participate in any financing or investment operation through a vehicle located in a non-cooperative jurisdiction or in a tax haven. Counterparts should also refrain from making any use of tax avoidance or aggressive tax planning schemes.

Amendment    58

Proposal for a regulation

Recital 45

Text proposed by the Commission

Amendment

(45)  In order to ensure uniform conditions for the implementation of the relevant provisions of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/201177 of the European Parliament and of the Council.

deleted

__________________

 

77 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p.13)

 

Amendment    59

Proposal for a regulation

Recital 46

Text proposed by the Commission

Amendment

(46)  In order to supplement or amend non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the provisioning rates laid down in Article 26(3), the areas of cooperation and intervention listed in Annexes II, III and IV, the priority areas of the EFSD+ operations listed in Annex V, the governance of the EFSD+ in Annex VI, to review or complement the indicators in Annex VII where considered necessary and to supplement this Regulation with provisions on the establishment of a monitoring and evaluation framework.

(46)  In order to supplement non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of setting out the Union’s strategy, the priority areas, detailed objectives, the expected results, specific performance indicators and the specific financial allocation and cooperation modalities for each geographic and thematic programme, as well as for action plans and measures not based on programming documents establishing a human rights operational framework, establishing a risk management framework, deciding on the needs not covered by programmes or programming documents, deciding on the suspension of assistance, establishing the performance-based approach framework, establishing the provisioning rates, establishing a monitoring and evaluation framework and extending the scope of actions to countries and territories not covered by this Regulation. In order to amend non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect to the areas of cooperation and intervention listed in Annexes II, III and IV, the priority areas of the EFSD+ operations and the investment windows listed in Annex V, as well as the indicators listed in Annex VII.

Amendment    60

Proposal for a regulation

Recital 47

Text proposed by the Commission

Amendment

(47)  Pursuant to paragraph 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 201678 , there is a need to evaluate this Programme on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burdens, in particular on Member States. These requirements, where appropriate, can include measurable indicators, as a basis for evaluating the effects of the Programme on the ground. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(47)  Pursuant to paragraph 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 201678 , there is a need to evaluate this Programme on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burdens, in particular on Member States. These requirements should include measurable indicators, as a basis for evaluating the effects of the Programme on the ground. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including with relevant stakeholders such as civil society and experts, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts .

__________________

__________________

78 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016; OJ L 123, 12.5.2016, p. 1–14.

78 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016; OJ L 123, 12.5.2016, p. 1–14.

Amendment    61

Proposal for a regulation

Recital 48

Text proposed by the Commission

Amendment

(48)  The references to Union instruments in Article 9 of Council Decision 2010/427/EU79 , which are replaced by this Regulation, should be read as references to this Regulation and the Commission should ensure that this Regulation is implemented in accordance with the role of the EEAS as provided in that Decision.

(48)  Due to the broad nature and scope of this Regulation and to ensure coherence between the principles, objectives and spending under both this Regulation and other external financing instruments, such as Regulation (EU) .../... (EINS), or Instruments which are intrinsically linked to external policies, such as Regulation (EU) .../... (IPA III), a horizontal steering group composed of all relevant Commission and EEAS services and chaired by the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) or a representative of that office should be responsible for the steering, coordinating and managing of the policies, programmes, objectives and actions under this Regulation in order to ensure consistency, efficiency, transparency and accountability of Union external financing. The VP/HR should ensure overall political coordination of the Union’s external action. For all actions, including rapid response actions and exceptional assistance measures, and throughout the whole cycle of programming, planning and application of the instrument, the High Representative and the EEAS should work with the relevant members and services of the Commission, identified on the basis of the nature and objectives of the action foreseen, building upon their expertise. All proposals for decisions should be prepared by following the Commission’s procedures and should be submitted to the Commission for adoption.

__________________

 

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

 

Amendment    62

Proposal for a regulation

Recital 48 a (new)

Text proposed by the Commission

Amendment

 

(48 a)  The application of this Regulation should, where relevant, be complementary to, and should be consistent with, measures adopted by the Union in pursuit of the Common Foreign and Security Policy objectives within the framework of Chapter Two of Title V TEU and measures adopted within the framework of Part Five TFEU.

Amendment    63

Proposal for a regulation

Recital 49

Text proposed by the Commission

Amendment

(49)  The envisaged actions as provided for hereunder should strictly follow the conditions and procedures set out by the restrictive measures of the Union,

deleted

Amendment    64

Proposal for a regulation

Recital 49 a (new)

Text proposed by the Commission

Amendment

 

(49 a)  The European Parliament should be fully involved in the design, programming, monitoring and evaluation phases of the instruments in order to guarantee political control and democratic scrutiny and accountability of Union funding in the field of external action. An enhanced dialogue between the institutions should be established in order to ensure that the European Parliament is in a position to exercise political control during the application of this Regulation in a systematic and smooth manner thereby enhancing both efficiency and legitimacy.

Amendment    65

Proposal for a regulation

Article 2 – paragraph 1 – point 6 a (new)

Text proposed by the Commission

Amendment

 

(6 a)  “civil society organisations” means all non-State, not-for-profit, and non-violent structures through which people organise to pursue shared objectives and ideals, whether political, cultural, social, economic, religious, environmental, or holding authorities to account, which operate at local, national, regional or international level, and which may include urban and rural as well as formal and informal organisations; in the context of the thematic programme on human rights and democracy, “civil society” includes individuals or groups that are independent from the State and whose activities help to promote human rights and democracy, including human rights defenders as defined by the UN Declaration on the Right and Responsibility of Individuals;

Amendment    66

Proposal for a regulation

Article 2 – paragraph 1 – point 6 b (new)

Text proposed by the Commission

Amendment

 

(6 b)  “local authorities” means branches of government or public authorities, which operate at sub-national level (e.g. municipal, community, district, county, provincial or regional level).

Amendment    67

Proposal for a regulation

Article 2 – paragraph 1 – point 8

Text proposed by the Commission

Amendment

(8)  “contributor” shall mean a Member State, an international finance institution, or a public institution of a Member State, a public agency or other entities contributing in cash or in guarantees to the common provisioning fund.

(8)  “contributor” means a Member State, an international finance institution, or a public institution of a Member State, a public agency or other public or private entities contributing in cash or in guarantees to the common provisioning fund.

Amendment    68

Proposal for a regulation

Article 2 – paragraph 1 – point 8 a (new)

Text proposed by the Commission

Amendment

 

(8 a)  ‘additionality’ means the principle which ensures that the External Action Guarantee contributes to sustainable development by operations which could not have been carried out without it, or which achieve positive results above and beyond what could have been achieved without it, as well as crowding in private sector funding and addressing market failures or sub-optimal investment situations as well as improving the quality, sustainability, impact or scale of an investment. The principle also ensures that investment and financing operations covered by the External Action Guarantee do not replace the support of a Member State, private funding or another Union or international financial intervention, and avoid crowding out other public or private investments. Projects supported by the External Action Guarantee typically have a higher risk profile than the portfolio of investments supported by the eligible counterparts under their normal investment policies without the External Action Guarantee.

Amendment    69

Proposal for a regulation

Article 2 – paragraph 1 – point 8 b (new)

Text proposed by the Commission

Amendment

 

(8 b)  “industrialised countries” means third countries other than developing countries included in the OECD-Development Assistance Committee’s (‘OECD-DAC’) list of Official Development Assistance (‘ODA’) recipients.

Amendment    70

Proposal for a regulation

Article 2 – paragraph 1 – point 8 c (new)

Text proposed by the Commission

Amendment

 

(8 c)  “poverty” means all the conditions in which people are deprived and perceived as incapacitated in different societies and local contexts; the core dimensions of poverty include economic, human, political, socio-cultural and protective capabilities.

Amendment    71

Proposal for a regulation

Article 2 – paragraph 1 – point 8 d (new)

Text proposed by the Commission

Amendment

 

(8 d)  “gender sensitivity” means acting with the aim of understanding and taking account of the societal and cultural factors involved in gender-based exclusion and discrimination in all spheres of public and private life;

Amendment    72

Proposal for a regulation

Article 2 – paragraph 1 – point 8 e (new)

Text proposed by the Commission

Amendment

 

(8 e)  “conflict sensitivity” means acting with the aim of understanding that any initiative conducted in a conflict-affected environment will interact with that conflict and that such interaction will have consequences that may have positive or negative effects; conflict sensitivity also means ensuring that, to the best of its abilities, Union actions (political, policy, external assistance) avoid having a negative impact and maximise the positive impact on conflict dynamics, thereby contributing to conflict prevention, structural stability and peace building.

Amendment    73

Proposal for a regulation

Article 2 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

Where reference is made to human rights, it shall be understood as to include fundamental freedoms;

Amendment    74

Proposal for a regulation

Article 2 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

 

In the context of Article 15, “countries most in need” may also include the countries listed in Annex I.

Amendment    75

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

1.  The general objective of this Regulation is to uphold and promote the Union’s values and interests worldwide in order to pursue the objectives and principles of the Union’s external action, as laid down in Article 3(5), Articles 8 and 21 of the Treaty on European Union.

1.  The general objective of this Regulation is to lay down the financial framework enabling the Union to uphold and promote its values, principles and fundamental interests worldwide, in accordance with the objectives and principles of the Union’s external action, as laid down in Article 3(5), Articles 8 and 21 of the Treaty on European Union, as well as Articles 11 and 208 TFEU.

Amendment    76

Proposal for a regulation

Article 3 – paragraph 2 – subparagraph 1 – point a a (new)

Text proposed by the Commission

Amendment

 

(a a)  to contribute to the achievement of the international commitments and objectives that the Union has agreed to, in particular the 2030 Agenda, the SDGs and the Paris Agreement;

Amendment    77

Proposal for a regulation

Article 3 – paragraph 2 – subparagraph 1 – point a b (new)

Text proposed by the Commission

Amendment

 

(a b)  to develop a special strengthened relationship with the countries in the eastern and southern neighbourhood of the Union, founded on cooperation, peace and security, mutual accountability and shared commitment to the universal values of democracy, rule of law and respect for human rights, socio-economic integration and environmental protection and climate action;

Amendment    78

Proposal for a regulation

Article 3 – paragraph 2 – subparagraph 1 – point a c (new)

Text proposed by the Commission

Amendment

 

(a c)  to pursue the reduction and, in the long term, the eradication of poverty, particularly in least developed countries (LDCs); to enable sustainable social and economic development;

Amendment    79

Proposal for a regulation

Article 3 – paragraph 2 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b)  at global level, to consolidate and support democracy, rule of law and human rights, support civil society organisations, further stability and peace and address other global challenges including migration and mobility;

(b)  at global level, to support civil society organisations and local authorities, further stability and peace, prevent conflict and promote just and inclusive societies, advance multilateralism, international justice and accountability, and address other global and regional challenges including climate change and environmental degradation as well as foreign policy needs and priorities, as set out in Annex III, including the promotion of confidence building and good neighbourly relations;

Amendment    80

Proposal for a regulation

Article 3 – paragraph 2 – subparagraph 1 – point b a (new)

Text proposed by the Commission

Amendment

 

(b a)  to protect, promote and advance human rights, democracy, the rule of law as well as gender and social equality, including in the most difficult circumstances and urgent situations, in partnership with civil society including human rights defenders worldwide;

Amendment    81

Proposal for a regulation

Article 3 – paragraph 2 – subparagraph 1 – point c

Text proposed by the Commission

Amendment

(c)  to respond rapidly to: situations of crisis, instability and conflict; resilience challenges and linking of humanitarian aid and development action; and foreign policy needs and priorities.

(c)  to respond rapidly to: situations of crisis, instability and conflict; resilience challenges and linking of humanitarian aid and development action.

Amendment    82

Proposal for a regulation

Article 3 – paragraph 3

Text proposed by the Commission

Amendment

3.  At least 92% of the expenditure under this Regulation shall fulfil the criteria for Official Development Assistance, established by the Development Assistance Committee of the Organisation for Economic Cooperation and Development.

3.  At least 95% of the expenditure under this Regulation shall fulfil the criteria for Official Development Assistance, established by the Development Assistance Committee of the Organisation for Economic Cooperation and Development. This Regulation shall contribute to reaching the collective target of achieving 0,2% of the Union’s Gross National Income to Least Developed Countries and 0,7% of the Union Gross National Income as Official Development Assistance within the timeframe of the 2030 Agenda.

Amendment    83

Proposal for a regulation

Article 3 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3 a.  At least 20% of the Official Development Assistance funded under this Regulation, across all programmes, geographic and thematic, annually and over the duration of its actions, shall be ring-fenced for social inclusion and human development, in order to support and strengthen the provision of basic social services, such as health, education, nutrition and social protection, particularly to the most marginalised, and with an emphasis on women and children.

Amendment    84

Proposal for a regulation

Article 3 – paragraph 3 b (new)

Text proposed by the Commission

Amendment

 

3 b.  At least 85% of the Official Development Assistance funded programmes, geographic and thematic, under this Regulation shall have gender equality and women’s and girls’ rights and empowerment as a principal or a significant objective, as defined by the OECD DAC. A significant part of these programmes shall have gender equality and women’s and girls’ rights and empowerment as a principal objective.

Amendment    85

Proposal for a regulation

Article 4 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1.  Union funding under this Regulation shall be implemented through:

1.  Union funding under this Regulation shall be applied through:

Amendment    86

Proposal for a regulation

Article 4 – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

Geographic programmes may cover all third countries, except for candidates and potential candidates as defined in Regulation (EU) No …/….80 (IPA) and overseas countries and territories as defined in Council Decision …/… (EU).

Geographic programmes may cover all third countries, except for candidates and potential candidates as defined in Regulation (EU) No …/….80 (IPA) and overseas countries and territories as defined in Council Decision …/… (EU). Geographic programmes of a continental or trans-regional scope may also be established, in particular a pan-African programme covering African countries under points (a) and (b) and a programme covering African, Caribbean and Pacific countries under points (b), (c) and (d).

__________________

__________________

80 Regulation of the European Parliament and of the Council establishing the Instrument for Pre-accession Assistance (OJ L ).

80 Regulation of the European Parliament and of the Council establishing the Instrument for Pre-accession Assistance (OJ L ).

Amendment    87

Proposal for a regulation

Article 4 – paragraph 3 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b)  Civil Society Organisations;

(b)  Civil Society Organisations and Local Authorities;

Amendment    88

Proposal for a regulation

Article 4 – paragraph 3 – subparagraph 1 – point d a (new)

Text proposed by the Commission

Amendment

 

(d a)  Foreign Policy Needs and Priorities

Amendment    89

Proposal for a regulation

Article 4 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

Thematic programmes may cover all third countries as well as overseas countries and territories as defined in Council Decision …/… (EU).

Thematic programmes may cover all third countries. Overseas countries and territories shall have full access to thematic programmes, as laid down in Council Decision …/… (EU). Their effective participation shall be ensured, with account taken of their specific characteristics and the particular challenges they must address.

Amendment    90

Proposal for a regulation

Article 4 – paragraph 4 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a)  contribute to stability and conflict prevention in situations of urgency, emerging crisis, crisis and post-crisis;

(a)  contribute to peace, stability and conflict prevention in situations of urgency, emerging crisis, crisis and post-crisis;

Amendment    91

Proposal for a regulation

Article 4 – paragraph 4 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b)  contribute to strengthening resilience of states, societies, communities and individuals and to linking humanitarian aid and development action;

(b)  contribute to strengthening the resilience of states, including local authorities, societies, communities and individuals and to linking humanitarian aid and development action;

Amendment    92

Proposal for a regulation

Article 4 – paragraph 4 – subparagraph 1 – point c

Text proposed by the Commission

Amendment

(c)  address foreign policy needs and priorities.

deleted

Amendment    93

Proposal for a regulation

Article 4 – paragraph 5 – subparagraph 1

Text proposed by the Commission

Amendment

Actions under this Regulation shall be primarily implemented through geographic programmes.

Actions under this Regulation shall be primarily applied through geographic programmes.

Amendment    94

Proposal for a regulation

Article 4 – paragraph 5 – subparagraph 2

Text proposed by the Commission

Amendment

Actions implemented through thematic programmes shall be complementary to actions funded under geographic programmes and shall support global and trans-regional initiatives for achieving internationally agreed goals, in particular the Sustainable Development Goals, protecting global public goods or addressing global challenges. Actions through thematic programmes may also be undertaken where there is no geographic programme, or where it has been suspended, or where there is no agreement on the action with the partner country concerned, or where the action cannot be adequately addressed by geographic programmes.

Actions applied through thematic programmes shall be complementary to actions funded under geographic programmes and shall support global and trans-regional initiatives aimed at achieving internationally agreed goals as referred in point (aa) of Article 3(2), as well as global public goods or addressing global challenges. Actions through thematic programmes may also be undertaken independently, including where there is no geographic programme, or where it has been suspended, or where there is no agreement on the action with the partner country concerned, or where the action cannot be adequately addressed by geographic programmes.

Amendment    95

Proposal for a regulation

Article 4 – paragraph 5 – subparagraph 3

Text proposed by the Commission

Amendment

Rapid response actions shall be complementary to geographic and thematic programmes. These actions shall be designed and implemented to enable, where relevant, their continuity under geographic or thematic programmes.

Rapid response actions shall be complementary to geographic and thematic programmes as well as to actions funded through the Council Regulation (EC) No 1257/96 of 20 June 1996 [Humanitarian Aid Regulation]. Those actions shall be designed and applied to enable, where relevant, their continuity under geographic or thematic programmes.

Amendment    96

Proposal for a regulation

Article 5 – paragraph 1

Text proposed by the Commission

Amendment

1.  In implementing this Regulation, consistency, synergies and complementarity with other areas of Union external action, with other relevant Union policies and Programmes, as well as policy coherence for development shall be ensured.

1.  In applying this Regulation, consistency, coherence synergies and complementarity with all areas of Union external action, including other external financing instruments, Regulation (EU) .../... [IPA III Regulation] in particular, as well as measures adopted under Chapter Two of Title V TEU and Part Five TFEU, with other relevant Union policies and Programmes, as well as policy coherence for development shall be ensured. The Union shall take account of the objectives of development cooperation in the policies that it applies which are likely to affect developing countries.

Amendment    97

Proposal for a regulation

Article 5 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1 a.  The Union and Member States shall coordinate their respective support programmes with the aim of increasing effectiveness and efficiency of their delivery and preventing overlapping of funding.

Amendment    98

Proposal for a regulation

Article 5 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

 

1 b.  In applying this Regulation, the Commission and the EEAS shall duly take into consideration the positions of the European Parliament.

Amendment    99

Proposal for a regulation

Article 6 – paragraph 1

Text proposed by the Commission

Amendment

1.  The financial envelope for the implementation of this Regulation for the period 2021 – 2027 shall be EUR 89 200 million in current prices.

1.  The financial envelope for the application of this Regulation for the period 2021 – 2027 shall be EUR 82 451 million in 2018 prices (EUR 93 154 million in current prices) [100%].

Amendment    100

Proposal for a regulation

Article 6 – paragraph 2 – point a – introductory part

Text proposed by the Commission

Amendment

(a)  EUR 68 000 million for geographic programmes:

(a)  EUR 63 687 million in 2018 prices (EUR 71 954 million in current prices) [77,24%] for geographic programmes:

Amendment    101

Proposal for a regulation

Article 6 – paragraph 2 – point a – indent 1

Text proposed by the Commission

Amendment

–  Neighbourhood at least EUR 22 000 million,

–  Neighbourhood at least EUR 20 572 million in 2018 prices (EUR 23 243 million in current prices) [24,95%],

Amendment    102

Proposal for a regulation

Article 6 – paragraph 2 – point a – indent 2

Text proposed by the Commission

Amendment

–  Sub-Saharan Africa at least EUR 32 000 million,

–  Sub-Saharan Africa at least EUR 30 723 million in 2018 prices (EUR 34 711 million in current prices) [37,26%],

Amendment    103

Proposal for a regulation

Article 6 – paragraph 2 – point a – indent 3

Text proposed by the Commission

Amendment

–  Asia and the Pacific EUR 10 000 million,

–  Asia and the Pacific EUR 8 851 million in 2018 prices (EUR 10 000 million in current prices) [10,73%], including at least EUR 620 million in 2018 prices (EUR 700 million in current prices) for the Pacific,

Amendment    104

Proposal for a regulation

Article 6 – paragraph 2 – point a – indent 4

Text proposed by the Commission

Amendment

–  Americas and the Caribbean EUR 4 000 million,

–  Americas and the Caribbean EUR 3 540 million in 2018 prices (EUR 4 000 million in current prices ) [4,29 %], including EUR 1 062 million in 2018 prices (EUR 1 200 million in current prices) for the Caribbean,

Amendment    105

Proposal for a regulation

Article 6 – paragraph 2 – point b – introductory part

Text proposed by the Commission

Amendment

(b)  EUR 7 000 million for thematic programmes:

(b)  EUR 9 471 million in 2018 prices (EUR 10 700 million in current prices) [11,49 %] for thematic programmes:

Amendment    106

Proposal for a regulation

Article 6 – paragraph 2 – point b – indent 1

Text proposed by the Commission

Amendment

–  Human Rights and Democracy EUR 1 500 million,

–  Human Rights and Democracy at least EUR 1 770 million in 2018 prices (EUR 2 000 million in current prices) [2,15 %], with up to 25 % of the programme to be devoted to the funding of EU Election Observation Missions,

Amendment    107

Proposal for a regulation

Article 6 – paragraph 2 – point b – indent 2

Text proposed by the Commission

Amendment

–  Civil Society Organisations EUR 1 500 million,

–  Civil Society Organisations (CSOs) and Local Authorities (LAs) EUR 2 390 million in 2018 prices (EUR 2 700 million in current prices) [2,90%], of which EUR 1 947 million in 2018 prices (EUR 2 200 million in current prices) [2,36%] for CSOs and EUR 443 million in 2018 prices (EUR 500 million in current prices) [0,54%] for LAs,

Amendment    108

Proposal for a regulation

Article 6 – paragraph 2 – point b – indent 3

Text proposed by the Commission

Amendment

–  Stability and Peace EUR 1 000 million,

–  Stability and Peace EUR 885 million in 2018 prices (EUR 1 000 million in current prices) [1,07%],

Amendment    109

Proposal for a regulation

Article 6 – paragraph 2 – point b – indent 4

Text proposed by the Commission

Amendment

–  Global Challenges EUR 3 000 million,

–  Global Challenges EUR 3 983 million in 2018 prices (EUR 4 500 million in current prices) [4,83%],

Amendment    110

Proposal for a regulation

Article 6 – paragraph 2 – point b – indent 4 a (new)

Text proposed by the Commission

Amendment

 

  Foreign Policy Needs and Priorities EUR 443 million in 2018 prices (EUR 500 million in current prices) [0,54%],

Amendment    111

Proposal for a regulation

Article 6 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c)  EUR 4 000 million for rapid response actions.

(c)  EUR 3 098 million in 2018 prices (EUR 3 500 million in current prices) [3,76%] for rapid response actions:

 

  Stability and conflict prevention in situations of urgency, emerging crisis, crisis and post-crisis EUR 1 770 million in 2018 prices (EUR 2 000 million in current prices) [2,15%],

 

  Strengthening resilience of states, societies, communities and individuals and linking humanitarian aid and development action EUR 1 328 million in 2018 prices (EUR 1 500 million in current prices) [1,61%],

Amendment    112

Proposal for a regulation

Article 6 – paragraph 3

Text proposed by the Commission

Amendment

3.  The emerging challenges and priorities cushion of an amount of EUR 10 200 million shall increase the amounts referred to in paragraph 2 in accordance with Article 15.

3.  The emerging challenges and priorities cushion of an amount of EUR 6 196 million in 2018 prices (EUR 7 000 million in current prices) [7,51%], shall increase the amounts referred to in paragraph 2 in accordance with Article 15.

Amendment    113

Proposal for a regulation

Article 6 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

 

4 a.  The actions under Article 9 shall be financed to up to the amount of EUR 270 million.

Amendment    114

Proposal for a regulation

Article 6 – paragraph 4 b (new)

Text proposed by the Commission

Amendment

 

4 b.  The annual appropriations shall be authorised by the European Parliament and by the Council within the limits of the multiannual financial framework during the budgetary procedure, after the priorities have been agreed by the Institutions.

Amendment    115

Proposal for a regulation

Article 7 – paragraph 1

Text proposed by the Commission

Amendment

The association agreements, partnership and cooperation agreements, multilateral agreements, and other agreements that establish a legally binding relationship with partner countries, as well as, European Council conclusions and Council conclusions, summit declarations or conclusions of high-level meetings with partner countries, relevant European Parliament resolutions, communications of the Commission or Joint communications of the Commission and the High Representative of the Union for Foreign Affairs and Security Policy, shall constitute the overall policy framework for the implementation of this Regulation.

The association agreements, partnership and cooperation agreements, trade agreements and other agreements that establish a legally binding relationship with partner countries, recommendations and acts adopted in the bodies set up by those agreements, as well as relevant multilateral agreements, Union legislative acts, European Council conclusions, Council conclusions, summit declarations and other international declarations and conclusions of high-level meetings with partner countries, European Parliament resolutions and positions, communications of the Commission and the High Representative of the Union for Foreign Affairs and Security Policy and United Nations Conventions and resolutions shall constitute the overall policy framework for the application of this Regulation.

Amendment    116

Proposal for a regulation

Article 8 – paragraph 1

Text proposed by the Commission

Amendment

1.  The Union shall seek to promote, develop and consolidate the principles of democracy, the rule of law and respect for human rights and fundamental freedoms on which it is founded, through dialogue and cooperation with partner countries and regions.

1.  The Union shall seek to promote, develop and consolidate through dialogue and cooperation with partner countries and regions, through action in the United Nations and other international fora and through its cooperation with civil society organisations, local authorities and private actors, the principles on which it is founded, namely democracy, the rule of law, good governance, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law. Funding under this Regulation shall comply with these principles, as well as with the Union’s commitments under international law.

Amendment    117

Proposal for a regulation

Article 8 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1 a.  Consistent with Articles 2 and 21 TEU, the Union's contribution to democracy and the rule of law and to the promotion and protection of human rights and fundamental freedoms shall be rooted in the Universal Declaration Human Rights, international human rights law and international humanitarian law.

Amendment    118

Proposal for a regulation

Article 8 – paragraph 2

Text proposed by the Commission

Amendment

2.  A rights-based approach encompassing all human rights, whether civil and political or economic, social and cultural shall be applied in order to integrate human rights principles, to support the right holders in claiming their rights with a focus on poorer and more vulnerable groups and to assist partner countries in implementing their international human rights obligations. This Regulation shall promote gender equality and women’s empowerment.

2.  A rights-based approach encompassing all human rights, whether civil and political or economic, social and cultural shall be applied in order to integrate human rights principles, to support the right holders in claiming their rights with a focus on marginalised and vulnerable groups, including minorities, women, children and youth, older people, indigenous people, LGBTI persons, and persons with disabilities, on essential labour rights and social inclusion, and to assist partner countries in implementing their international human rights obligations. This regulation shall promote gender equality and the empowerment of women, youth and children, including with regard to sexual and reproductive health and rights.

Amendment    119

Proposal for a regulation

Article 8 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

The Union shall promote a multilateral and rules-based approach to global goods and challenges and shall cooperate with Member States, partner countries, international organisations and other donors in that respect.

The Union shall promote a multilateral and rules- and values-based approach to global public goods and challenges and shall cooperate with Member States, partner countries, international organisations, including international financial institutions and UN agencies, funds and programmes, and other donors in that respect.

Amendment    120

Proposal for a regulation

Article 8 – paragraph 3 – subparagraph 3

Text proposed by the Commission

Amendment

The Union shall foster cooperation with international organisations and other donors.

The Union shall foster cooperation with international and regional organisations and other donors.

Amendment    121

Proposal for a regulation

Article 8 – paragraph 3 – subparagraph 4

Text proposed by the Commission

Amendment

In relations with partner countries, their track record in implementing commitments, international agreements, and contractual relations with the Union shall be taken into account.

In relations with partner countries, their track record in implementing commitments, international agreements, in particular the Paris Agreement, and contractual relations with the Union, in particular association agreements, partnership and cooperation agreements and trade agreements, shall be taken into account.

Amendment    122

Proposal for a regulation

Article 8 – paragraph 4 – subparagraph 1

Text proposed by the Commission

Amendment

Cooperation between the Union and the Member States, on the one hand, and partner countries, on the other hand, shall be based on and shall promote the development effectiveness principles, where applicable, namely: ownership of development priorities by partner countries, a focus on results, inclusive development partnerships, transparency and mutual accountability. The Union shall promote effective and efficient resource mobilisation and use.

Cooperation between the Union and the Member States, on the one hand, and partner countries, on the other hand, shall be based on and shall promote the development effectiveness principles across all modalities namely: ownership of development priorities by partner countries, a focus on results, inclusive development partnerships, transparency and mutual accountability, and alignment to the priorities of partner countries. The Union shall promote effective and efficient resource mobilisation and use.

Amendment    123

Proposal for a regulation

Article 8 – paragraph 4 – subparagraph 2

Text proposed by the Commission

Amendment

In line with the principle of inclusive partnership, where appropriate, the Commission shall ensure that relevant stakeholders of partner countries, including civil society organisations and local authorities, are duly consulted and have timely access to relevant information allowing them to play a meaningful role during the design, implementation and associated monitoring processes of programmes.

In line with the principle of inclusive partnership the Commission shall ensure that relevant stakeholders of partner countries, including civil society organisations and local authorities, are duly consulted and have timely access to relevant information allowing them to play a meaningful role during the design, application and associated monitoring processes of programmes.

Amendment    124

Proposal for a regulation

Article 8 – paragraph 4 – subparagraph 3

Text proposed by the Commission

Amendment

In line with the principle of ownership the Commission, where appropriate, shall favour the use of partner countries' systems for the implementation of programmes.

In line with the principle of ownership the Commission, where appropriate, shall favour the use of partner countries' systems for the application of programmes.

Amendment    125

Proposal for a regulation

Article 8 – paragraph 6

Text proposed by the Commission

Amendment

6.  Programmes and actions under this Regulation shall mainstream climate change, environmental protection and gender equality and shall address interlinkages between Sustainable Development Goals, to promote integrated actions that can create co-benefits and meet multiple objectives in a coherent way. These programmes and actions shall be based on an analysis of risks and vulnerabilities, integrate a resilience approach and be conflict sensitive. They shall be guided by the principle of leaving no one behind.

6.  Programmes and actions under this Regulation shall mainstream climate change, environmental protection in accordance with Art. 11 TFEU, disaster risk reduction and preparedness, human development, conflict prevention and peace building, gender equality and the empowerment of women, children and youth, non-discrimination, education and culture, and digitalisation and shall address interlinkages between Sustainable Development Goals, to promote integrated actions that can create co-benefits and meet multiple objectives in a coherent way. These programmes and actions shall be based on an analysis of capacities, risks and vulnerabilities, integrate a people and community centred resilience approach and be conflict sensitive. They shall be guided by the principles of leaving no one behind and “do no harm”.

Amendment    126

Proposal for a regulation

Article 8 – paragraph 7

Text proposed by the Commission

Amendment

7.  A more coordinated, holistic and structured approach to migration shall be pursued with partners and its effectiveness be regularly assessed.

7.  Without prejudice to the other objectives of Union external action, a more coordinated, holistic and structured approach to migration shall be pursued, with partners and its effectiveness be regularly assessed, without conditioning the allocation of development aid to third countries to cooperation on migration management and in full respect of human rights, including the right of every individual to leave his or her country of origin.

Amendment    127

Proposal for a regulation

Article 8 – paragraph 7 a (new)

Text proposed by the Commission

Amendment

 

7 a.  The Commission shall ensure that actions adopted under this Regulation in relation to security, stability and peace, in particular with regard to capacity building of military actors in support of development and security for development, fight against terrorism and organised crime, and cyber-security, are carried out in accordance with international law, including international human rights and humanitarian law. The Commission may develop roadmaps jointly with the beneficiary partners to improve the institutional and operational compliance of military actors with transparency and human rights standards. The Commission shall carefully monitor, evaluate and report on the application of such actions for each relevant objective pursuant to Article 31 in order to ensure compliance with human rights obligations. For such actions, the Commission shall pursue a conflict sensitive approach, including a rigorous and systematic ex ante conflict analysis which fully integrates gender analysis, in addition to the provisions on risk management under Article 8(8)b. The Commission shall adopt a delegated act in accordance with Article 34 supplementing this Regulation by establishing an operational framework, based on the existing guidance to ensure that human rights are taken into consideration in the design and application of the measures referred to in this Article, in particular as regards the prevention of torture and other cruel, inhuman or degrading treatment and respect for due process, including the presumption of innocence, the right to a fair trial and rights of defence.

Amendment    128

Proposal for a regulation

Article 8 – paragraph 8

Text proposed by the Commission

Amendment

8.  The Commission shall inform and have regular exchanges of views with the European Parliament.

8.  The Commission shall regularly inform and have meaningful policy dialogues with the European Parliament, at its own initiative and when requested by the European Parliament.

Amendment    129

Proposal for a regulation

Article 8 – paragraph 8 a (new)

Text proposed by the Commission

Amendment

 

8 a.  The Commission shall have regular exchanges of information with civil society and local authorities.

Amendment    130

Proposal for a regulation

Article 8 – paragraph 8 b (new)

Text proposed by the Commission

Amendment

 

8 b.  The Commission shall adopt a delegated act in accordance with Article 34 supplementing this Regulation by establishing an appropriate risk management framework, including an assessment and mitigations measures for each relevant objective of the Regulation.

Amendment    131

Proposal for a regulation

Article 8 – paragraph 8 c (new)

Text proposed by the Commission

Amendment

 

8 c.  Transparency and accountability, with a strong focus on reporting and scrutiny shall underpin the entire instrument. That shall comprise a transparent control system, including the reporting of information on the recipients of funds and whether payments have been made on time.

Amendment    132

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the Commission

Amendment

1.  In accordance with Article 41(2) of the Treaty on European Union, Union funding under this Regulation shall not be used to finance the procurement of arms or ammunition, or operations having military or defence implications.

1.  Union funding under this Regulation shall not be used to finance the procurement of arms or ammunition, or operations having military or defence implications. Any equipment, service or technology supplied under this Regulation shall be subject to strict transfer controls as set out in the Common Position 944/2008/CFSP, the Dual-Use Regulation and any other Union restrictive measures in force. In accordance with Regulation (EU) .../... [EU Regulation on Products used for Capital Punishment and Torture], this Regulation shall not be used to finance the provision of any type of equipment that may be used for torture, mistreatment or other human rights violations.

Amendment    133

Proposal for a regulation

Article 9 – paragraph 2

Text proposed by the Commission

Amendment

2.  In order to contribute to sustainable development, which requires the achievement of stable, peaceful and inclusive societies, Union assistance under this Regulation may be used in the context of a wider security sector reform or to build the capacity of military actors in partner countries, under the exceptional circumstances set out in paragraph 4, to deliver development activities and security for development activities.

2.  In order to contribute to sustainable development, which requires the achievement of stable, peaceful and inclusive societies, Union assistance under this Regulation may be used in the context of a wider security sector reform or to build the capacity of military actors in partner countries, under the exceptional circumstances set out in paragraph 4, to deliver development activities and security for development activities, in line with the overarching objective of achieving sustainable development.

Amendment    134

Proposal for a regulation

Article 9 – paragraph 4 – point b

Text proposed by the Commission

Amendment

(b)  where a consensus exists between the partner country concerned and the Union that military actors are key for preserving, establishing or re-establishing the conditions essential for sustainable development, including in crises and fragile or destabilised contexts and situations.

(b)  where a consensus exists between the partner country concerned and the Union that military actors are key for preserving, establishing or re-establishing the conditions essential for sustainable development and that those military actors are not implicated in human rights violations or pose a threat to the functioning of State institutions, including in crises and fragile or destabilised contexts and situations.

Amendment    135

Proposal for a regulation

Article 9 – paragraph 6

Text proposed by the Commission

Amendment

6.  When designing and implementing measures pursuant to this Article, the Commission shall promote ownership by the partner country. It shall also develop the necessary elements and the good practices required to ensure sustainability in the medium and long term and shall promote the rule of law and established international law principles.

6.  When designing and applying measures pursuant to this Article, the Commission shall promote ownership by the partner country. It shall also develop the necessary elements and the good practices required to ensure sustainability and accountability in the medium and long term and shall promote the rule of law and established international law principles. The Commission shall ensure that those measures generate direct human security benefits for the population, are integrated into a broader security sector reform policy comprising strong democratic and parliamentary oversight and accountability elements, including in terms of improved security service provision, and fit into long-term peace and development strategies designed to address the root causes of conflict. The Commission shall also ensure that actions aimed at reforming military forces contribute to making them more transparent, accountable and compliant with the human rights of those coming under their jurisdiction. For measures aimed at providing partner military forces with equipment, the Commission shall specify the type of equipment to be provided in the context of each measure. The Commission shall apply the provisions specified under Article 8 – paragraph 8 b (new) in order to ensure that this equipment will be used only by its intended beneficiaries.

Amendment    136

Proposal for a regulation

Article 9 – paragraph 7

Text proposed by the Commission

Amendment

7.  The Commission shall establish appropriate risk assessment, monitoring and evaluation procedures for measures pursuant to this Article.

7.  The Commission shall undertake, within the evaluation pursuant to Article 32, and in particular with regard to a mid-term evaluation, joint evaluations with Member States. The results shall inform programme design and resource allocation, and further enhance the consistency and complementarity of the Union's external action.

Amendment    137

Proposal for a regulation

Title II

Text proposed by the Commission

Amendment

IMPLEMENTATION OF THIS REGULATION

APPLICATION OF THIS REGULATION

Amendment    138

Proposal for a regulation

Article 9 a (new)

Text proposed by the Commission

Amendment

 

Article 9 a

 

Scope of the Geographic programmes

 

1.  Union cooperation activities under this Article shall be applied for activities of a local, national, regional, trans-regional and continental nature.

 

2.   In order to attain the objectives laid down in Article 3, geographic programmes shall be drawn up from the following areas of cooperation:

 

(a)   good governance, democracy, rule of law, human rights, fundamental freedoms and civil society;

 

(b)   poverty eradication, fight against inequalities and human development;

 

(c)   migration and mobility;

 

(d)   environment and climate change;

 

(e)   inclusive and sustainable economic growth and decent employment;

 

(f)   security, stability and peace;

 

(g)   partnership;

 

3.   Further details of the areas of cooperation referred to in paragraph 2 are set out in Annex II.

(This new Article to be inserted before Article 10 under Title II, Chapter I)

Amendment    139

Proposal for a regulation

Article 9 b (new)

Text proposed by the Commission

Amendment

 

Article9 b

 

Scope of the thematic programmes

 

1.   Thematic programmes shall cover the following areas of intervention:

 

(a)   Human Rights, Fundamental Freedoms and Democracy:

 

   protecting and promoting human rights and human rights defenders in countries and urgency situations where human rights and fundamental freedoms are most at risk, including through addressing urgent protection needs of human rights defenders in a flexible and comprehensive manner.

 

  upholding human rights and fundamental freedoms for all, contributing to forging societies in which participation, non-discrimination, equality, social justice and accountability prevails.

 

  consolidating and supporting democracy, addressing all aspects of democratic governance, including reinforcing democratic pluralism, enhancing citizen participation, including through supporting citizen election observation organisations and their regional networks worldwide, creating an enabling environment for civil society and supporting credible, inclusive and transparent electoral processes throughout the entire electoral cycle, in particular by means of EU Election Observation Missions (EU EOMs).

 

  promoting effective multilateralism and strategic partnerships contributing to reinforcing capacities of international, regional and national frameworks and empowering local actors in promoting and protecting human rights, democracy and the rule of law.

 

  fostering new cross-regional synergies and networking among local civil societies and between civil society and other relevant human rights bodies and mechanisms so as to maximise the sharing of best practices on human rights and democracy, and create positive dynamics.

 

(b)   Civil Society Organisations and Local Authorities:

 

  supporting inclusive, participatory, empowered and independent civil society in partner countries;

 

  promoting dialogue with and between civil society organisations;

 

   supporting capacity building of local authorities and mobilising their expertise to promote a territorial approach to development;

 

  increasing awareness, knowledge and engagement of Union citizens about objectives specified in Article 3 of this Regulation;

 

   supporting civil society to participate in public policy advocacy and dialogue with governments and international institutions;

 

  supporting civil society to sensitise consumers and citizens and raise their awareness about environmental friendly and fair trade production and consumption, to encourage them to adopt more sustainable behaviour;

 

(c)   Stability and Peace

 

   assistance for conflict prevention, peace-building and crisis preparedness;

 

   assistance in addressing global and trans-regional threats and emerging threats;

 

(d)   Global challenges

 

  health,

 

   education,

 

   gender equality,

 

   children and youth,

 

   migration and forced displacement,

 

   decent work, social protection and inequality,

 

   culture,

 

   ensuring a healthy environment and tackling climate change,

 

   sustainable energy,

 

   sustainable and inclusive growth, decent jobs and private sector engagement,

 

   food and nutrition,

 

  promoting inclusive societies, good economic governance, and transparent public finance management,

 

   access to safe water, sanitation and hygiene,

 

(e)    Foreign Policy Needs and Priorities

 

  providing support for the Union's bilateral, regional and inter-regional cooperation strategies, promoting policy dialogue and developing collective approaches and responses to challenges of global concern;

 

  providing support for Union trade policy;

 

   contributing to the implementation of the international dimension of internal Union policies and promoting the widespread understanding and visibility of the Union and of its role on the world scene;

 

2.    Further details of the areas of cooperation referred to in paragraph 3 are set out in Annex III.

(This new Article to be inserted before Article 10 under Title II, Chapter I)

Amendment    140

Proposal for a regulation

Article 10 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a)  programming documents shall provide a coherent framework for cooperation between the Union and partner countries or regions, consistent with the overall purpose and scope, objectives and principles set out in this Regulation;

(a)  programming documents shall provide a coherent framework for cooperation between the Union and partner countries or regions, consistent with the overall purpose and scope, objectives and principles set out in this Regulation, and based on Union strategy towards a partner country or region or based on Union thematic strategies;

Amendment    141

Proposal for a regulation

Article 10 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c)  the Union shall also consult other donors and actors, including representatives of civil society and local authorities, where relevant;

(c)  the Union shall at an early stage and throughout the programming process encourage a regular multi-stakeholder and inclusive dialogue with other Union and non-Union donors and actors, including representatives of civil society and local authorities, and private and political foundations. The European Parliament shall be informed about the outcome of those consultations.

Amendment    142

Proposal for a regulation

Article 10 – paragraph 2 – point d

Text proposed by the Commission

Amendment

(d)  the Human Rights and Democracy and Civil Society thematic programmes referred to in Article 4(3)(a) and (b) shall provide assistance independently of the consent of governments and other public authorities of the third countries concerned. These thematic programmes shall mainly support civil society organisations.

(d)  the Human Rights and Democracy, Civil Society Organisations and Local Authorities, and Stability and Peace thematic programmes referred to in Article 4(3)(a), (b) and (c) shall provide assistance independently of the consent of governments and other public authorities of the third countries concerned. The Human Rights and Democracy, and the Civil Society Organisations and Local Authorities thematic programmes shall mainly support civil society, including human rights defenders and journalists under pressure.

Amendment    143

Proposal for a regulation

Article 11 – title

Text proposed by the Commission

Amendment

Programming principles for geographic programmes

Programming principles

Amendment    144

Proposal for a regulation

Article 11 – paragraph -1 (new)

Text proposed by the Commission

Amendment

 

-1.  Programming under this Regulation shall have due regard to human rights, fundamental freedoms, good governance and democracy in partner countries.

Amendment    145

Proposal for a regulation

Article 11 – paragraph -1 a (new)

Text proposed by the Commission

Amendment

 

-1 a.  The preparation, application and review of all programming documents under this Article shall comply with the principles of policy coherence for development and those of aid effectiveness.

Amendment    146

Proposal for a regulation

Article 11 – paragraph -1 b (new)

Text proposed by the Commission

Amendment

 

-1 b.  Geographic and thematic programmes shall be complementary and coherent with each other, and create added value.

Amendment    147

Proposal for a regulation

Article 11 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  without prejudice to paragraph 4, actions shall be based, to the extent possible, on a dialogue between the Union, the Member States and the partner countries concerned, including national and local authorities, involving civil society, national and local parliaments and other stakeholders, in order to enhance ownership of the process and to encourage support for national and regional strategies;

(a)  without prejudice to paragraph 4, actions shall be based on an inclusive dialogue between the institutions of the Union, the Member States, and the partner countries concerned, including national and local and regional authorities, involving civil society organisations, regional, national and local parliaments, communities and other stakeholders in order to enhance democratic ownership of the process and to encourage support for national and regional strategies;

Amendment    148

Proposal for a regulation

Article 11 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b)  where appropriate, the programming period shall be synchronised with the strategy cycles of partner countries;

(b)  whenever possible, the programming period shall be synchronised with the strategy cycles of partner countries;

Amendment    149

Proposal for a regulation

Article 11 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2.  Programming of geographic programmes shall provide a specific, tailor-made framework for cooperation based on:

2.  Without prejudice to paragraph 1, programming of geographic programmes shall provide a specific, tailor-made framework for cooperation based on:

Amendment    150

Proposal for a regulation

Article 11 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a)  the partners’ needs, established on the basis of specific criteria, taking into account the population, poverty, inequality, human development, economic and environmental vulnerability, and state and societal resilience;

(a)  the partners’ needs, established on the basis of specific criteria and in-depth analysis, taking into account the population, poverty, inequality, human development, the state of human rights, fundamental freedoms, democracy and gender equality, civic space, economic and environmental vulnerability, and state and societal resilience;

Amendment    151

Proposal for a regulation

Article 11 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b)  the partners’ capacities to generate and access financial resources and on their absorption capacities;

(b)  the partners’ capacities of mobilisation and effective use of domestic resources to support national development priorities and on their absorption capacities;

Amendment    152

Proposal for a regulation

Article 11 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c)  the partners’ commitments and performance, established on the basis of criteria such as political reform and economic and social development;

(c)  the partners’ commitments, including those jointly agreed with the Union, and efforts, established on the basis of criteria such as political reform, progress in the rule of law, good governance, human rights and the fight against corruption, economic and social development, environmental sustainability, and the effective use of aid;

Amendment    153

Proposal for a regulation

Article 11 – paragraph 2 – point e

Text proposed by the Commission

Amendment

(e)  the partner's capacity and commitment to promote shared interests and values, and to support common goals and multilateral alliances, as well as the advancement of Union priorities.

(e)  the partner's capacity and commitment to promote shared values, principles and fundamental interests, and to support common goals and multilateral alliances, as well as the advancement of Union priorities.

Amendment    154

Proposal for a regulation

Article 11 – paragraph 4

Text proposed by the Commission

Amendment

4.  Cooperation with industrialised countries shall focus on the promotion of Union and mutual interests.

4.  Cooperation with industrialised countries shall focus on the promotion of Union and mutual interests, as well as shared fundamental interests and values, commonly agreed objectives and multilateralism. Such cooperation shall be, where relevant, based on a dialogue between the Union, including the European Parliament, and the Member States, involving civil society.

Amendment    155

Proposal for a regulation

Article 11 – paragraph 5

Text proposed by the Commission

Amendment

5.  Programming documents for geographic programmes shall be results-based and shall take into account, where appropriate, internationally agreed targets and indicators, in particular those set out for the Sustainable Development Goals, as well as country-level result frameworks, to assess and communicate the Union contribution to results, at the level of outputs, outcomes and impact.

5.  Programming documents shall be results oriented and include, wherever possible, clear targets and indicators to measure progress and impact of Union assistance. Indicators may be based, where appropriate, on internationally agreed standards in particular those set out for the Sustainable Development Goals, as well as country-level result frameworks.

Amendment    156

Proposal for a regulation

Article 11 – paragraph 6

Text proposed by the Commission

Amendment

6.  When drawing up the programming documents for countries and regions in crisis, or post-crisis, fragile and vulnerable situations, due account shall be taken of the special needs and circumstances of the countries or regions concerned.

6.  When drawing up the programming documents for countries and regions in crisis, or post-crisis, fragile and vulnerable situations, due account shall be taken of the special needs and circumstances of the countries or regions concerned, as well as vulnerabilities, risks and capacities in order to increase resilience. Attention shall also be paid to conflict prevention, State and peace-building, post-conflict reconciliation and reconstruction, disaster preparedness as well as to the role of women and the rights of children in those processes. A human-rights based and people-centred approach shall be applied.

Where partner countries or regions are directly involved in, or affected by, a crisis, post-crisis or situation of fragility, special emphasis shall be placed on stepping up coordination amongst all relevant actors to help the transition from an emergency situation to the development phase.

Where partner countries or regions are directly involved in, or affected by, a crisis, post-crisis or situation of fragility, special emphasis shall be placed on stepping up coordination amongst all relevant actors to help the prevention of violence and the transition from an emergency situation to the development phase.

Amendment    157

Proposal for a regulation

Article 11 – paragraph 7

Text proposed by the Commission

Amendment

7.  This Regulation shall contribute to actions established under Regulation (EU) No. …/… (Erasmus). A single programming document shall be drawn up from this Regulation for seven years, including funds from Regulation (EU) No …/… (IPA III). Regulation (EU) No. …/… (Erasmus) shall apply to the use of these funds.

7.  This Regulation shall contribute from the programmes established under Article 4(2) of this Regulation to actions established under Regulation (EU) No. …/… (Erasmus). An indicative amount of EUR 2 000 000 000 from the geographical programmes should be allocated to actions dedicated to mobility, cooperation and political dialogue with the authorities, institutions and organisations of the partner countries. A single programming document shall be drawn up from this Regulation for seven years, including funds from Regulation (EU) No …/… (IPA III). Regulation (EU) No. …/… (Erasmus) shall apply to the use of these funds, while ensuring conformity with Regulation (EU) No …/… (IPA III).

Amendment    158

Proposal for a regulation

Article 11 – paragraph 7 a (new)

Text proposed by the Commission

Amendment

 

7 a.  This Regulation shall contribute to actions established under Regulation(EU) No. .../... (Creative Europe). A single programming document shall be drawn up from this Regulation for seven years, including funds from Regulation(EU) No. .../... (IPA III). Regulation (EU) No. .../... ( Creative Europe) shall apply to the use of these funds.

Amendment    159

Proposal for a regulation

Article 12 – paragraph -1 (new)

Text proposed by the Commission

Amendment

 

-1.  The Commission is empowered to adopt delegated acts in accordance with Article 34 in order to supplement non-essential elements of this Regulation by establishing frameworks for each specific country and multi-country multiannual programme. Those framework provisions shall:

 

(a)    specify the priority areas among the ones defined in Articles 9a and 15b;

 

(b)   lay down the specific detailed and measurable objectives of each programme;

 

(c)   set expected results with measurable targets, and clear and specific performance indicators linked to the objectives;

 

(d)   set out the indicative financial allocation both overall and per priority area;

 

(e)   establish cooperation modalities, including contributions to the External Action Guarantee.

Amendment    160

Proposal for a regulation

Article 12 – paragraph 1

Text proposed by the Commission

Amendment

1.  The implementation of this Regulation shall be carried out for geographic programmes through multiannual country and multi-country indicative programmes.

deleted

Amendment    161

Proposal for a regulation

Article 12 – paragraph 2

Text proposed by the Commission

Amendment

2.  Multiannual indicative programmes shall set out the priority areas selected for Union financing, the specific objectives, the expected results, clear and specific performance indicators, and the indicative financial allocations, both overall and per priority area.

deleted

Amendment    162

Proposal for a regulation

Article 12 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

3.  The multiannual indicative programmes shall be built on:

3.  The multiannual programmes shall be built on:

Amendment    163

Proposal for a regulation

Article 12 – paragraph 3 – point -a (new)

Text proposed by the Commission

Amendment

 

(-a)  a report containing an analysis in accordance with Article 11(2) of the needs, capacities, commitments and performance of partner country or countries concerned and the potential impact of Union funding, as well as one or more of the following:

Amendment    164

Proposal for a regulation

Article 12 – paragraph 3 – point a

Text proposed by the Commission

Amendment

(a)  a national or regional strategy in the form of a development plan or a similar document accepted by the Commission as a basis for the corresponding multiannual indicative programme, at the time of adoption of the latter document;

(a)  a national or regional strategy in the form of a development plan or a similar document based on a meaningful consultation with the local population and civil society and accepted by the Commission as a basis for the corresponding multiannual programme, at the time of adoption of the latter document;

Amendment    165

Proposal for a regulation

Article 12 – paragraph 3 – point b

Text proposed by the Commission

Amendment

(b)  a framework document laying down the Union policy towards the concerned partner or partners, including a joint document between the Union and Member States;

(b)  a document laying down the Union policy towards the concerned partner or partners, including a joint document between the Union and Member States;

Amendment    166

Proposal for a regulation

Article 12 – paragraph 4

Text proposed by the Commission

Amendment

4.  To increase the impact of collective cooperation of the Union, where possible, a joint programming document shall replace the Union’s and Member States programming documents. A joint programming document may replace the Union’s multiannual indicative programme, provided it complies with Articles 10 and 11, contains the elements listed in paragraph 2 of this Article and sets out the division of labour between the Union and Member States.

4.  To increase the impact of collective cooperation of the Union, where possible, a joint programming document shall replace the Union’s and Member States programming documents. A joint programming document may replace the Union’s multiannual programme, provided it is approved in an act adopted in accordance with Article 14 and complies with Articles 10 and 11, contains the elements listed in paragraph 2 of this Article and sets out the division of labour between the Union and Member States.

Amendment    167

Proposal for a regulation

Article 12 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

 

4 a.  Multiannual programmes may provide for an amount of funds, not exceeding 5 % of the total amount, that is not allocated to a priority area or partner country or group of countries. Those funds shall be committed in accordance with Article 21.

Amendment    168

Proposal for a regulation

Article 13 – paragraph -1 (new)

Text proposed by the Commission

Amendment

 

-1.  The Commission is empowered to adopt delegated acts in accordance with Article 34 in order to supplement non-essential elements of this Regulation by establishing frameworks for each specific thematic multiannual programme. Those framework provisions shall:

 

(a)    specify the priority areas among the ones defined in Article 9b;

 

(b)    lay down the specific detailed and measurable objectives of each programme;

 

(c)    set expected results with measurable targets, and clear and specific performance indicators linked to the objectives;

 

(d)    set out the indicative financial allocation both overall and per priority area;

 

(e)    establish cooperation modalities.

Amendment    169

Proposal for a regulation

Article 13 – paragraph 1

Text proposed by the Commission

Amendment

1.  The implementation of this Regulation shall be carried out for thematic programmes through multiannual indicative programmes.

deleted

Amendment    170

Proposal for a regulation

Article 13 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

Multiannual indicative programmes for thematic programmes shall set out the Union's strategy, the priorities selected for financing by the Union, the specific objectives, the expected results, clear and specific performance indicators, and the international situation and the activities of the main partners for the theme concerned.

deleted

Amendment    171

Proposal for a regulation

Article 13 – paragraph 2 – subparagraph 3

Text proposed by the Commission

Amendment

Multiannual indicative programmes for thematic programmes shall set out the indicative financial allocation, overall, by area of cooperation and by priority. The indicative financial allocation may be given in the form of a range.

deleted

Amendment    172

Proposal for a regulation

Article 13 – paragraph 2 – subparagraph 3 a (new)

Text proposed by the Commission

Amendment

 

The framework provisions referred to in Articles 12 and 13 shall be built on a report containing an analysis of the international situation and of the activities of the main partners for the theme concerned and indicating the results expected from the programme.

Amendment    173

Proposal for a regulation

Article 13 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2 a.  Multiannual programmes may provide for an amount of funds, not exceeding 5 % of the total amount, that is not allocated to a priority area or partner country or group of countries. Those funds shall be committed in accordance with Article 21.

Amendment    174

Proposal for a regulation

Article 14 – title

Text proposed by the Commission

Amendment

Adoption and amendment of multiannual indicative programmes

Adoption and amendment of multiannual programmes

Amendment    175

Proposal for a regulation

Article 14 – paragraph 1

Text proposed by the Commission

Amendment

1.  The Commission shall adopt multiannual indicative programmes referred to in Articles 12 and 13 by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 35(2). This procedure shall also apply to reviews referred to in paragraphs 3, 4 and 5 of this Article, which have the effect of significantly modifying the content of the multiannual indicative programme.

1.  The Commission is empowered to adopt delegated acts in accordance with Article 34 in order to supplement non-essential elements of this Regulationby establishing frameworks for multiannual programmes referred to in Articles 12 and 13 by means of delegated acts. Those delegated acts shall be adopted in accordance with the procedure referred to in Article 34. This procedure shall also apply to reviews referred to in paragraphs 3, 4 and 5 of this Article.

Amendment    176

Proposal for a regulation

Article 14 – paragraph 2

Text proposed by the Commission

Amendment

2.  When adopting joint multi-annual programming documents referred to in Article 12, the Commission decision shall only apply to the Union’s contribution to the joint multiannual programming document.

2.  When adopting joint multi-annual programming documents referred to in Article 12, the delegated act shall only apply to the Union’s contribution to the joint multiannual programming document.

Amendment    177

Proposal for a regulation

Article 14 – paragraph 3

Text proposed by the Commission

Amendment

3.  Multiannual indicative programmes for geographic programmes may be reviewed where necessary for effective implementation, in particular where there are substantive changes in the policy framework referred to in Article 7 or following a crisis or post-crisis situation.

3.  Multiannual geographic and thematic programmes shall expire on 30 June 2025 at the latest. The Commission shall adopt new multiannual programmes by 30 June 2025, based on the results, findings and conclusions of the mid-term evaluation referred to in Article 32.

Amendment    178

Proposal for a regulation

Article 14 – paragraph 4

Text proposed by the Commission

Amendment

4.  Multiannual indicative programmes for thematic programmes may be reviewed where necessary for effective implementation, in particular where there are substantive changes in the policy framework referred to in Article 7.

4.  Multiannual programmes may be modified where necessary for effective application, in particular where there are substantive changes in the policy framework referred to in Article 7. Multiannual programmes shall be modified in cases where the mobilisation of the emerging challenges and priorities cushion requires a change of the framework provisions of the relevant programme.

Amendment    179

Proposal for a regulation

Article 14 – paragraph 5

Text proposed by the Commission

Amendment

5.  On duly justified imperative grounds of urgency, such as crises or immediate threats to democracy, the rule of law, human rights or fundamental freedoms, the Commission may amend multiannual indicative programmes referred to in Articles 12 and 13 of this Regulation by implementing acts adopted in accordance with the urgency procedure referred to in Article 35(4).

5.  On duly justified imperative grounds of urgency, such as crises or immediate threats to democracy, the rule of law, human rights or fundamental freedoms, the Commission may amend multiannual programmes referred to in Articles 12 and 13 by delegated acts adopted in accordance with the urgency procedure referred to in Article 34 a.

Amendment    180

Proposal for a regulation

Article 15 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1.  The amount referred to in Article 6(3) shall be used inter alia:

1.  The amount referred to in Article 6(3) shall be used in duly justified cases, with priority given to the countries most in need, and in full complementarity and consistency with acts adopted under this Regulation:

Amendment    181

Proposal for a regulation

Article 15 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  to ensure an appropriate response of the Union in the event of unforeseen circumstances;

(a)  to ensure an appropriate response of the Union in the event of unforeseen needs not covered by programmes and programming documents;

Amendment    182

Proposal for a regulation

Article 15 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b)  to address new needs or emerging challenges, such as those at the Union’s or its neighbours’ borders linked to crisis and post-crisis situations or migratory pressure;

(b)  to address new needs or emerging challenges, such as those at the Union’s or its neighbours’ borders or those in third countries linked to crisis, either natural or man-made, and post-crisis situations or to migration phenomena, in particular forced displacement;

Amendment    183

Proposal for a regulation

Article 15 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c)  to promote new Union led or international initiatives or priorities.

(c)  to promote or respond to new international initiatives or priorities.

Amendment    184

Proposal for a regulation

Article 15 a (new)

Text proposed by the Commission

Amendment

 

Article 15 a

 

Suspension of assistance

 

1.    Without prejudice to the provisions on the suspension of aid in agreements with partner countries and regions, where a partner country persistently fails to observe the principles of democracy, the rule of law, good governance, respect for human rights and fundamental freedoms, or nuclear safety standards, the Commission shall be empowered, in accordance with Article 34, to adopt delegated acts amending Annex VII-a, by adding a partner country to the list of partner countries for which Union assistance is suspended or partly suspended. In the case of a partial suspension, the programmes for which the suspension applies shall be indicated.

 

2.    Where the Commission finds that the reasons justifying the suspension of assistance no longer apply, it shall be empowered to adopt delegated acts, in accordance with Article 34 to amend Annex VII-a in order to reinstate Union assistance.

 

3.    In cases of partial suspension, Union assistance shall primarily be used to support civil society organisations and non-state actors for measures aimed at promoting human rights and fundamental freedoms and supporting democratisation and dialogue processes in partner countries.

 

4.    The Commission shall take due account of relevant European Parliament resolutions in its decision-making.

Amendment    185

Proposal for a regulation

Article 15 b (new)

Text proposed by the Commission

Amendment

 

Article 15b

 

Specific objectives for the neighbourhood area

 

1.    In accordance with Articles 3 and 4, Union support under this Regulation in the Neighbourhood area shall have as objectives:

 

(a)    enhancing political cooperation and ownership of the European Neighbourhood Policy by the Union and its partner countries;

 

(b)    supporting the implementation of association agreements, or other existing and future agreements, and jointly agreed association agendas and partnership priorities or equivalent documents;

 

(c)    strengthening and consolidating democracy, state-building, good governance, rule of law and human rights as well as promoting a more effective way of implementing reforms agreed in mutual formats;

 

(d)    stabilising the neighbourhood in political, economic and security terms;

 

(e)    enhancing regional cooperation, in particular in the framework of the Eastern Partnership, the Union for the Mediterranean, and European Neighbourhood-wide collaboration as well as cross-border cooperation;

 

(f)    promoting confidence-building, good neighbourly relations and other measures contributing to security in all its forms and the prevention and settlement of conflicts, including protracted conflicts, support to affected populations and reconstruction, and respect for multilateralism and international law;

 

(g)    promoting a strengthened partnership with societies between the Union and the partner countries, including through enhanced mobility and people-to-people contacts, in particular in relation to cultural, educational, professional and sporting activities;

 

(h)    intensifying cooperation on both regular and irregular migration;

 

(i)    achieving progressive integration into the Union internal market and enhanced sectoral and cross-sectoral cooperation, including through legislative approximation and regulatory convergence towards Union and other relevant international standards, and improved market access including through deep and comprehensive free trade areas, related institution building and investment;

 

(j)    supporting sustainable, inclusive and socially beneficial economic and social development for all by promoting job creation and employability, in particular for young people;

 

(k)    contributing to the implementation of the Paris Agreement by strengthening cooperation on energy security and promoting renewable energy, sustainable energy and energy efficiency objectives;

 

(l)    encouraging the establishment of thematic frameworks with the neighbouring countries of neighbourhood partner countries to address common challenges such as migration, energy, security and health.

(This new Article to be inserted before Article 16 under Title II, Chapter II)

Amendment    186

Proposal for a regulation

Article 16 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b)  commitment to and progress in implementing jointly agreed political, economic and social reform objectives;

(b)  commitment to and progress in implementing jointly agreed political, economic, environmental and social reform objectives;

Amendment    187

Proposal for a regulation

Article 16 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c)  commitment to and progress in building deep and sustainable democracy;

(c)  commitment to and progress in building deep and sustainable democracy, including the promotion of human rights, good governance, the upholding of the rule of law and the fight against corruption;

Amendment    188

Proposal for a regulation

Article 16 – paragraph 2 – point c a (new)

Text proposed by the Commission

Amendment

 

(c a)  commitment to multilateralism;

Amendment    189

Proposal for a regulation

Article 16 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3 a.  Union support to partner countries listed in Annex I shall be applied in compliance with the co-financing principle set out in Article 190 of the Financial Regulation.

Amendment    190

Proposal for a regulation

Article 17 – paragraph 1

Text proposed by the Commission

Amendment

1.  Indicatively 10 % of the financial envelope set out in Article 4(2)(a) to supplement the country financial allocations referred to in Article 12 shall be allocated to partner countries listed in Annex I in order to implement the performance-based approach. The performance-based allocations shall be decided on the basis of their progress towards democracy, human rights, rule of law, cooperation on migration, economic governance and reforms. The progress of partner countries shall be assessed annually.

1.  At least 10 % of the financial envelope set out in Article 6(2)(a) first indent, to supplement the country financial allocations referred to in Article 12, shall be allocated to partner countries listed in Annex I in order to apply the performance-based approach. The performance-based allocations shall be decided on the basis of their progress towards democracy, human rights, rule of law, good governance, cooperation on safe, orderly and regular migration, economic governance and implementing agreed reforms. The progress of partner countries shall be assessed annually with the active involvement of civil society, in particular by means of country progress reports which include trends as compared to previous years.

Amendment    191

Proposal for a regulation

Article 17 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1 a.  The application of the performance-based approach under this Regulation shall be the subject of a regular exchange of views in the European Parliament and in the Council.

Amendment    192

Proposal for a regulation

Article 17 – paragraph 2

Text proposed by the Commission

Amendment

2.  The performance-based approach shall not apply to support to civil society, people-to-people contacts, including cooperation between local authorities, support for the improvement of human rights, or crisis-related support measures. In the event of serious or persistent degradation of democracy, human rights or rule of law, support to these actions may be increased.

2.  The performance-based approach shall not apply to support to civil society, people-to-people contacts, including cooperation between local authorities, support for the improvement of human rights, or crisis-related support measures. In the event of serious or persistent degradation of democracy, human rights or rule of law, support to these actions shall be increased, where appropriate.

Amendment    193

Proposal for a regulation

Article 17 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2 a.  The Commission and EEAS shall review the performance-based support in the event of serious or persistent degradation of democracy, human rights or rule of law.

Amendment    194

Proposal for a regulation

Article 17 – paragraph 2 b (new)

Text proposed by the Commission

Amendment

 

2 b.  The Commission shall adopt a delegated act in accordance with Article 34 to supplement this Regulation establishing the methodological framework of the performance-based approach.

Amendment    195

Proposal for a regulation

Article 18 – paragraph 1

Text proposed by the Commission

Amendment

1.  Cross-border cooperation, as defined in Article 2(3), shall cover cooperation on adjacent land borders, transnational cooperation over larger transnational territories, maritime cooperation around sea-basins, as well as interregional cooperation.

1.  Cross-border cooperation, as defined in Article 2(3), shall cover cooperation on adjacent land and maritime borders, transnational cooperation over larger transnational territories, maritime cooperation around sea-basins, as well as interregional cooperation. Cross-border cooperation shall aim to be coherent with the objectives of existing and future macro-regional strategies and regional integration processes.

Amendment    196

Proposal for a regulation

Title II – chapter III – title

Text proposed by the Commission

Amendment

Action plans, measures and implementing methods

Execution

Amendment    197

Proposal for a regulation

Article 19 – paragraph 1

Text proposed by the Commission

Amendment

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

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

Amendment    198

Proposal for a regulation

Article 19 – paragraph 2 – subparagraph 3

Text proposed by the Commission

Amendment

In the event of unforeseen needs or circumstances, and when funding is not possible from more appropriate sources, the Commission may adopt special measures not provided for in the programming documents.

In the event of unforeseen needs or circumstances, and when funding is not possible from more appropriate sources, the Commission is empowered to adopt delegated acts in accordance with Article 34 laying down special measures not based on the programming documents.

Amendment    199

Proposal for a regulation

Article 19 – paragraph 3

Text proposed by the Commission

Amendment

3.  Annual or multiannual action plans and individual measures may be used to implement rapid response actions referred to in Article 4(4)(b) and (c).

3.  Annual or multiannual action plans and individual measures may be used to execute rapid response actions referred to in Article 4(4)(b).

Amendment    200

Proposal for a regulation

Article 19 – paragraph 4 – subparagraph 2

Text proposed by the Commission

Amendment

An exceptional assistance measure may have a duration of up to 18 months, which may be extended twice by a further period of up to six months, up to a total maximum duration of 30 months, in the event of objective and unforeseen obstacles to its implementation, provided that there is no increase in the financial amount of the measure.

deleted

Amendment    201

Proposal for a regulation

Article 19 – paragraph 4 – subparagraph 3

Text proposed by the Commission

Amendment

In cases of protracted crisis and conflict, the Commission may adopt a second exceptional assistance measure of a duration of up to 18 months. In duly justified cases further measures may be adopted where the continuity of the Union’s action is essential and cannot be ensured by other means.

deleted

Amendment    202

Proposal for a regulation

Article 19 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

 

4 a.  Measures taken under Article 19 (3) and (4) may have a duration of up to 18 months, which may be extended twice by a further period of up to six months, up to a total maximum duration of 30 months, in the event of objective and unforeseen obstacles to execution, provided that there is no increase in the financial amount of the measure.

 

In cases of protracted crisis and conflict, the Commission may adopt a second exceptional assistance measure of a duration of up to 18 months. In duly justified cases, further measures may be adopted where the continuity of the Union’s action under this paragraph is essential and cannot be ensured by other means.

Amendment    203

Proposal for a regulation

Article 20 – paragraph 1

Text proposed by the Commission

Amendment

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

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

Amendment    204

Proposal for a regulation

Article 21 – paragraph 1

Text proposed by the Commission

Amendment

1.  Action plans and measures shall be adopted by means of implementing acts adopted in accordance with the examination procedure referred to in Article 35(2).

1.  Action plans and measures shall be adopted by a Commission decision in accordance with the Financial Regulation.

Amendment    205

Proposal for a regulation

Article 21 – paragraph 2

Text proposed by the Commission

Amendment

2.  The procedure referred to in paragraph 1 shall not be required for:

deleted

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

 

(b)  special measures as well as action plans and measures adopted in order to implement rapid response actions for which the Union's funding does not exceed EUR 20 million;

 

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

 

(i)  change of method of implementation;

 

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

 

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

 

In case of multiannual action plans and measures, the thresholds referred to in paragraph (2)(a), (b) and (c) (iii) shall be applicable on a yearly basis.

 

When adopted in accordance with this paragraph, action plans and measures, except exceptional assistance measures, and technical amendments shall be communicated to the European Parliament and to the Member States through the relevant committee referred to in Article 35 within one month of their adoption.

 

Amendment    206

Proposal for a regulation

Article 21 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

Before the adoption or extension of exceptional assistance measures not exceeding EUR 20 million, the Commission shall inform the Council of their nature and objectives and of the financial amounts envisaged. The Commission shall inform the Council before making significant substantive changes to exceptional assistance measures already adopted. The Commission shall take account of the relevant policy approach of the Council for the planning and subsequent implementation of such measures, in the interests of consistency of the Union's external action.

The Commission shall take account of the relevant policy approach of the Council and the European Parliament for the planning and subsequent application of such measures, in the interests of consistency of the Union's external action.

Amendment    207

Proposal for a regulation

Article 21 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

The Commission shall keep the European Parliament duly informed, in a timely manner, about the planning and the implementation of exceptional assistance measures pursuant to this Article, including the financial amounts envisaged, and shall also inform the European Parliament when making substantial changes or extensions to that assistance.

The Commission shall immediately inform the European Parliament about the planning of measures pursuant to this Article, including the financial amounts envisaged, and shall also inform the European Parliament when making substantial changes or extensions to that assistance. As soon as possible following the adoption or substantial modification of a measure, and in any case within one month thereof, the Commission shall report to the European Parliament and to the Council and give an overview of the nature and the rationale of the measure adopted, its duration, budget and its context, including the complementarity of that measure with other ongoing and planned Union assistance. For exceptional assistance measures, the Commission shall also indicate whether, to what extent and how it will ensure the continuity of the policy executed through the exceptional assistance by medium- and long-term assistance under this Regulation.

Amendment    208

Proposal for a regulation

Article 21 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3 a.  Before adopting action plans and measures not based on programming documents pursuant to Article 19(2), except for cases referred to in Article 19 (3) and (4), the Commission shall adopt a delegated act in accordance with Article 34 in order to supplement this Regulation by setting out the specific objectives to be pursued, the results expected, the instruments to be used, the main activities and the indicative financial allocations of these action plans and measures.

Amendment    209

Proposal for a regulation

Article 21 – paragraph 4

Text proposed by the Commission

Amendment

4.  In the event of duly justified imperative grounds of urgency, such as crises including natural or man-made disasters, immediate threats to democracy, the rule of law, human rights or fundamental freedoms, the Commission may adopt action plans and measures or amendments to existing action plans and measures, as immediately applicable implementing acts, in accordance with the procedure referred to in Article 35(4).

deleted

Amendment    210

Proposal for a regulation

Article 21 – paragraph 5 – subparagraph 1

Text proposed by the Commission

Amendment

Appropriate environmental screening, including for climate change and biodiversity impacts, shall be undertaken at the level of actions, in accordance with the applicable legislative acts of the Union, including Directive 2011/92/EU82 of the European Parliament and of the Council and Council Directive 85/337/EEC83 , comprising, where applicable, an environmental impact assessment for environmentally sensitive actions, in particular for major new infrastructure.

Appropriate human rights, social and environmental screening, including for climate change and biodiversity impacts, shall be undertaken at the level of actions, in accordance with the applicable legislative acts of the Union, including Directive 2011/92/EU82 of the European Parliament and of the Council and Council Directive 85/337/EEC83 , comprising, where applicable, an environmental impact assessment for environmentally sensitive actions, in particular for major new infrastructure.

__________________

__________________

82 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (codification) (OJ L 26 28.1.2012. p.1).

82 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (codification) (OJ L 26 28.1.2012. p.1).

83 Council Directive of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (OJ L 175, 05.07.1985. p. 0040 – 0048).

83 Council Directive of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (OJ L 175, 05.07.1985. p. 0040 – 0048).

Amendment    211

Proposal for a regulation

Article 21 – paragraph 5 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

Additionally, ex-ante human rights, gender, social and labour impact assessments, as well as conflict analysis and risk assessment shall be conducted.

Amendment    212

Proposal for a regulation

Article 21 – paragraph 5 – subparagraph 2

Text proposed by the Commission

Amendment

Where relevant, strategic environmental assessments shall be used in the implementation of sectoral programmes. The involvement of interested stakeholders in environmental assessments and public access to the results of such assessments shall be ensured.

Where relevant, human rights, social and strategic environmental assessments shall be used in the execution of sectoral programmes. The involvement of interested stakeholders in these assessments and public access to the results of such assessments shall be ensured.

Amendment    213

Proposal for a regulation

Article 21 a (new)

Text proposed by the Commission

Amendment

 

Article 21 a

 

European Parliament’s assistance programmes

 

The Commission shall hold a dialogue with the European Parliament, and take into account the European Parliament’s views on areas in which the latter is running its own assistance programmes, such as capacity-building and election observation.

Amendment    214

Proposal for a regulation

Article 22 – paragraph 7 – point c

Text proposed by the Commission

Amendment

(c)  contributions to the necessary costs of setting up and administering a public-private partnership;

(c)  contributions to the necessary costs of setting up and administering a public-private partnership including support of broad participation by setting up independent third party CSO body to assess and monitor public-private partnership set-ups;

Amendment    215

Proposal for a regulation

Article 23 – title

Text proposed by the Commission

Amendment

Forms of EU funding and methods of implementation

Forms of Union funding and methods of application

Amendment    216

Proposal for a regulation

Article 23 – paragraph 2

Text proposed by the Commission

Amendment

2.  When working with stakeholders of partner countries, the Commission shall take into account their specificities, including their needs and the relevant context, when defining the financing modalities, the type of contribution, the award modalities and the administrative provisions for the management of grants, with a view to reaching and best responding to the widest possible range of such stakeholders. Specific modalities shall be encouraged in accordance with the Financial Regulation, such as partnership agreements, authorisations of financial support to third parties, direct award or eligibility-restricted calls for proposals, or lump sums, unit costs and flat-rate financing as well as financing not linked to costs as envisaged in Article 125(1) of the Financial Regulation.

2.  When working with stakeholders of partner countries, the Commission shall take into account their specificities, including their needs and the relevant context, when defining the financing modalities, the type of contribution, the award modalities and the administrative provisions for the management of grants, with a view to reaching and best responding to the widest possible range of such stakeholders. That assessment shall take into account the conditions for a meaningful participation and involvement of all stakeholders, in particular local civil society. Specific modalities shall be encouraged in accordance with the Financial Regulation, such as partnership agreements, authorisations of financial support to third parties, direct award or eligibility-restricted calls for proposals, or lump sums, unit costs and flat-rate financing as well as financing not linked to costs as envisaged in Article 125(1) of the Financial Regulation. Those different modalities shall ensure transparency, traceability and innovation. Cooperation between local and international NGOs shall be encouraged in order to bolster local civil society’s capacities with a view to achieving its full participation in development programmes.

Amendment    217

Proposal for a regulation

Article 23 – paragraph 3 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a)  low-value grants to human rights defenders to finance urgent protection actions, where appropriate without the need for co-financing;

(a)  low-value grants to human rights defenders and to mechanisms for the protection of human rights defenders at risk, to finance urgent protection actions, where appropriate without the need for co-financing, as well as to mediators and other civil society actors involved in crisis and armed conflict related dialogue, conflict resolution, reconciliation and peace-building;

Amendment    218

Proposal for a regulation

Article 23 – paragraph 3 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b)  grants, where appropriate without the need for co-financing, to finance actions in the most difficult conditions where the publication of a call for proposals would be inappropriate including situations where there is a serious lack of fundamental freedoms, where human security is most at risk or where human rights organisations and defenders operate under the most difficult conditions. Such grants shall not exceed EUR 1 000 000 and shall have a duration of up to 18 months, which may be extended by a further 12 months in the event of objective and unforeseen obstacles to their implementation;

(b)  grants, where appropriate without the need for co-financing, to finance actions in the most difficult conditions where the publication of a call for proposals would be inappropriate including situations where there is a serious lack of fundamental freedoms, threats to democratic institutions, escalation of crisis, armed conflict where human security is most at risk or where human rights organisations and defenders, mediators and other civil society actors involved in crisis and armed conflict related dialogue, reconciliation and peace-building operate under the most difficult conditions. Such grants shall not exceed EUR 1 000 000 and shall have a duration of up to 18 months, which may be extended by a further 12 months in the event of objective and unforeseen obstacles to their application;

Amendment    219

Proposal for a regulation

Article 23 – paragraph 3 – subparagraph 1 – point c

Text proposed by the Commission

Amendment

(c)  grants to the Office of the UN High Commissioner for Human Rights as well as to Global Campus, the European Inter-University Centre for Human Rights and Democratisation, providing a European Master’s Degree in Human Rights and Democratisation, and its associated network of universities delivering human rights postgraduate diplomas, including scholarships to students and human rights defenders from third countries.

(c)  grants to the Office of the UN High Commissioner for Human Rights as well as to Global Campus, the European Inter-University Centre for Human Rights and Democratisation, providing a European Master’s Degree in Human Rights and Democratisation, and its associated network of universities delivering human rights postgraduate diplomas, including scholarshipsto students, researchers, teachers, and human rights defenders from third countries.

Amendment    220

Proposal for a regulation

Article 23 – paragraph 3 – subparagraph 1 – point c a (new)

Text proposed by the Commission

Amendment

 

(c a)  Small projects as described in article 23a (new)

Amendment    221

Proposal for a regulation

Article 23 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

Budget support as referred to in point (c) of paragraph 1, including through sector reform performance contracts, shall be based on country ownership, mutual accountability and shared commitments to universal values, democracy, human rights, the rule of law, and aims at strengthening partnerships between the Union and partner countries. It shall include reinforced policy dialogue, capacity development, and improved governance, complementing partners' efforts to collect more and spend better in order to support sustainable and inclusive economic growth and jobs and poverty eradication.

Budget support as referred to in point (c) of paragraph 1, including through sector reform performance contracts, shall be based on country ownership, mutual accountability and shared commitments to universal values, democracy, human rights, gender equality, social inclusion and human development and the rule of law, and aims at strengthening partnerships between the Union and partner countries. It shall include reinforced policy dialogue, capacity development, and improved governance, complementing partners' efforts to collect more and spend better in order to support sustainable and inclusive socio-economic development which benefits all, decent job creation, with particular attention to young people, the reduction of inequalities and poverty eradication with due regard to local economies, environmental and social rights.

Amendment    222

Proposal for a regulation

Article 23 – paragraph 3 – subparagraph 3

Text proposed by the Commission

Amendment

Any decision to provide budget support shall be based on budget support policies agreed by the Union, a clear set of eligibility criteria and a careful assessment of the risks and benefits.

Any decision to provide budget support shall be based on budget support policies agreed by the Union, a clear set of eligibility criteria and a careful assessment of the risks and benefits. One of the key determinants of that decision shall be an assessment of the commitment, record and progress of partner countries with regard to democracy, human rights and the rule of law.

Amendment    223

Proposal for a regulation

Article 23 – paragraph 4 – subparagraph 2

Text proposed by the Commission

Amendment

When providing budget support in accordance with Article 236 of the Financial Regulation, the Commission shall clearly define and monitor criteria for budget support conditionality, including progress in reforms and transparency, and shall support the development of parliamentary control, national audit capacities and increased transparency and public access to information.

When providing budget support in accordance with Article 236 of the Financial Regulation, the Commission shall clearly define and monitor criteria for budget support conditionality, including progress in reforms and transparency, and shall support the development of parliamentary control, national audit capacities, CSO participation in monitoring and increased transparency and public access to information and development of strong public procurement systems that support local economic development and local businesses.

Amendment    224

Proposal for a regulation

Article 23 – paragraph 7

Text proposed by the Commission

Amendment

7.  Those financial instruments may be grouped into facilities for implementation and reporting purposes

7.  Those financial instruments may be grouped into facilities for application and reporting purposes

Amendment    225

Proposal for a regulation

Article 23 – paragraph 7 a (new)

Text proposed by the Commission

Amendment

 

7 a.  The Commission and the EEAS shall not enter into new or renewed operations with entities incorporated or established in jurisdictions defined under the relevant Union policy as non-cooperative, or that are identified as high risk third countries pursuant to Article 9(2) of Directive(EU) 2015/849 of the European Parliament and of the Council, or that do not effectively comply with Union or internationally agreed tax standards on transparency and exchange of information.

Amendment    226

Proposal for a regulation

Article 23 a (new)

Text proposed by the Commission

Amendment

 

Article 23 a

 

Small projects funds

 

1.    Financing under this Regulation may be provided to small projects funds, aimed at the selection and implementation of projects of limited financial volume.

 

2.    The beneficiaries of a small project fund shall be civil society organisations.

 

3.    The final recipients within a small project fund shall receive support under this Regulation, through the beneficiary, and implement the small projects within that small project fund (‘small project’).

 

4.    Where the public contribution to a small project does not exceed EUR 50 000, it shall take the form of unit costs or lump sums or include flat rates.

Amendment    227

Proposal for a regulation

Article 24 – paragraph 1 – point f

Text proposed by the Commission

Amendment

(f)  member countries of the Organisation for Economic Cooperation and Development, in the case of contracts implemented in a Least Developed Country or a Highly Indebted Poor Country, as included in the list of Official Development Assistance recipients.

(f)  member countries of the Organisation for Economic Cooperation and Development, in the case of contracts applied in a Least Developed Country or a Highly Indebted Poor Country, as included in the list of Official Development Assistance recipients.

Amendment    228

Proposal for a regulation

Article 24 – paragraph 5

Text proposed by the Commission

Amendment

5.  For actions jointly co-financed by an entity, or implemented in direct or indirect management with entities as referred to point (c) (ii) to (viii) of Article 62(1) of the Financial Regulation, the eligibility rules of those entities shall also apply.

5.  For actions jointly co-financed by an entity, or applied in direct or indirect management with entities as referred to point (c) (ii) to (viii) of Article 62(1) of the Financial Regulation, the eligibility rules of those entities shall also apply.

Amendment    229

Proposal for a regulation

Article 24 – paragraph 9

Text proposed by the Commission

Amendment

9.  The eligibility rules of this Article may be restricted with regard to the nationality, geographical location or nature of applicants, where such restrictions are required on account of the specific nature and the objectives of the action and where they are necessary for its effective implementation.

9.  The eligibility rules of this Article may be restricted with regard to the nationality, geographical location or nature of applicants, where such restrictions are required on account of the specific nature and the objectives of the action and where they are necessary for its effective application. Nationality restrictions shall not apply to international organisations.

Amendment    230

Proposal for a regulation

Article 24 – paragraph 11

Text proposed by the Commission

Amendment

11.  In order to promote local capacities, markets and purchases, priority shall be given to local and regional contractors when the Financial Regulation provides for an award on the basis of a single tender. In all other cases, participation of local and regional contractors shall be promoted in accordance with the relevant provisions of that Regulation.

11.  In order to promote local capacities, markets and purchases, priority shall be given to local and regional contractors, while paying attention to their track record in environmental sustainability or fair trade when the Financial Regulation provides for an award on the basis of a single tender. In all other cases, participation of local and regional contractors shall be promoted in accordance with the relevant provisions of that Regulation. In all cases sustainability and due diligence criteria shall be applied.

Amendment    231

Proposal for a regulation

Article 24 – paragraph 12 a (new)

Text proposed by the Commission

Amendment

 

12 a.  The Neighbourhood, Development and International Cooperation Instrument shall not support actions that, according to the environmental screening referred to in Article 21, cause harm to the environment or climate. Allocations shall be fully compatible with the Paris Agreement and overall, European financing dedicated to external action shall contribute to the Paris agreement’s long term objectives. In particular, the instrument shall not support:

 

(a)    Actions incompatible with recipient countries’ Nationally Determined Contributions under the Paris Agreement;

 

(b)    investment in upstream, midstream and downstream fossil fuels.

Amendment    232

Proposal for a regulation

Article 25 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

The Commission shall inform the European Parliament and the Council of carried over commitment appropriations in line with Article 12(6) of the Financial Regulation.

The Commission shall submit to the European Parliament and to the Council information on appropriations which were automatically carried over, including the amounts involved, in line with Article 12(6) of the Financial Regulation.

Amendment    233

Proposal for a regulation

Article 26 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

The financial envelope referred to in Article (6)(2)(a) shall finance the European Fund for Sustainable Development Plus (EFSD+) and the External Action Guarantee.

The European Fund for Sustainable Development Plus (EFSD+) and the External Action Guarantee shall be financed through the financial envelopes for geographic programmes referred to in point (a) of Article 6(2), whilst ensuring that this financing is not to the detriment of other actions supported by geographic programmes.

Amendment    234

Proposal for a regulation

Article 26 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

The purpose of the EFSD+ as an integrated financial package supplying financial capacity drawing on the methods of implementation set up in Article 23(1)(a), (e), (f) and (g), shall be to support investments and increase access to financing, in order to foster sustainable and inclusive economic and social development and promote the socio-economic resilience in partner countries with a particular focus on the, eradication of poverty, sustainable and inclusive growth, the creation of decent jobs, economic opportunities, skills and entrepreneurship, socioeconomic sectors, micro, small and medium-sized enterprises as well as addressing specific socioeconomic root causes of irregular migration, in accordance with the relevant indicative programming documents. Special attention shall be given to countries identified as experiencing fragility or conflict, Least Developed Countries and heavily indebted poor countries.

The purpose of the EFSD+ as an integrated financial package supplying financial capacity in the form of grants, guarantees and other financial instruments as set out in Article 23(1), shall be to support investments and increase access to financing, while maximising additionality, delivering innovative products and crowding in private sector, in order to foster sustainable and inclusive economic, environmental and social development, industrialisation and a stable investment environment, in order to promote socio-economic and environmental resilience in partner countries with a particular focus on the, eradication of poverty, sustainable and inclusive growth, climate change adaptation and mitigation, environmental protection and management, the creation of decent jobs in compliance with relevant ILO standards, in particular for vulnerable groups, including women and young people, economic opportunities, skills and entrepreneurship, socioeconomic sectors, with a focus on social enterprises and cooperatives in view of their potential to reduce poverty, inequalities, and promote human rights and livelihoods, supporting micro, small and medium-sized enterprises as well as addressing specific socioeconomic root causes of irregular migration and forced displacement, and contributing to the sustainable reintegration of returned migrants in their countries of origin, in accordance with the relevant indicative programming documents. 45% of the financing shall be allocated to investments that contribute to climate objectives, environmental management and protection, biodiversity and combatting desertification, of which 30% of the overall financial envelope shall be dedicated to climate change mitigation and adaptation. Special attention, and additional support for institutional capacity building, economic governance, and technical assistance, shall be given to countries identified as experiencing fragility or conflict, Least Developed Countries and heavily indebted poor countries. The External Action Guarantee shall be used in addition to the government’s investment in essential public services, which remain a governmental responsibility.

Amendment    235

Proposal for a regulation

Article 26 – paragraph 3

Text proposed by the Commission

Amendment

3.  Under the External Action Guarantee, the Union may guarantee operations, signed between 1 January 2021 and 31 December 2027, up to EUR 60 000 000 000.

3.  Under the External Action Guarantee, the Union may guarantee operations, signed between 1 January 2021 and 31 December 2027, up to EUR 60 000 000 000. That ceiling shall be reviewed in the context of the mid-term evaluation report pursuant to Article 32.

Amendment    236

Proposal for a regulation

Article 26 – paragraph 4 – subparagraph 1

Text proposed by the Commission

Amendment

4.  The provisioning rate shall range between 9% and 50% depending on the type of operations.

4.  The provisioning rate shall range between 9% and 50% depending on the type of operations. A maximum amount of EUR 10 billion shall be provisioned from the Union budget through a specific budget line in the framework of the annual budgetary procedure or through a budget transfer. The Commission shall be empowered to adopt delegated acts in accordance with Article 34 to amend this maximum amount if the need arises.

Amendment    237

Proposal for a regulation

Article 26 – paragraph 4 – subparagraph 3

Text proposed by the Commission

Amendment

The provisioning rates shall be reviewed every three years from the date of application of this Regulation laid down in Article 40. The Commission shall be empowered to adopt delegated acts in accordance with Article 34 to supplement or amend these rates.

The provisioning rates shall be reviewed every two years starting from the date of application of this Regulation laid down in Article 40. The Commission shall be empowered to adopt delegated acts in accordance with Article 34 to supplement or amend these rates, and the financial amounts involved.

Amendment    238

Proposal for a regulation

Article 26 – paragraph 6

Text proposed by the Commission

Amendment

6.  The EFSD+ and the External Action Guarantee may support financing and investment operations in partner countries in the geographical areas referred to in Article 4(2). The provisioning of the External Action Guarantee shall be financed from the budget of the relevant geographic programmes established by Article 6(2)(a) and shall be transferred into the common provisioning fund. The EFSD+ and the External Action Guarantee may also support operations in beneficiaries listed in Annex I of Regulation IPA III. The funding for these operations under the EFSD+ and for the provisioning of the External Action Guarantee shall be financed from the Regulation IPA. The provisioning of the External Action Guarantee for loans to third countries referred to in Article 10 (2) of Regulation EINS shall be financed from Regulation EINS.

6.  The EFSD+ and the External Action Guarantee may support financing and investment operations in partner countries in the geographical areas referred to in Article 4(2). The provisioning of the External Action Guarantee shall be financed from the budget of the relevant geographic programmes established by Article 6(2)(a) and shall be transferred into the common provisioning fund. The geographic distribution of EFSD+ operations shall, to the maximum extent possible, also reflect the relative weight of the financial allocations for the different regions as outlined in point (a) of Article 6(2). The EFSD+ and the External Action Guarantee may also support operations in beneficiaries listed in Annex I of Regulation IPA III. The funding for these operations under the EFSD+ and for the provisioning of the External Action Guarantee shall be financed from the Regulation IPA. The provisioning of the External Action Guarantee for loans to third countries referred to in Article 10 (2) of Regulation EINS shall be financed from Regulation EINS.

Amendment    239

Proposal for a regulation

Article 26 a (new)

Text proposed by the Commission

Amendment

 

Article 26 a

 

Objectives for the EFSD+

 

1.    The EFSD+ operations eligible for support through the External Action Guarantee shall contribute to the following priority areas:

 

(a)    providing finance and support to private, cooperative and social enterprise sector development to contribute to sustainable development in its economic, social and environmental dimensions with a particular focus on the eradication of poverty and, where appropriate, the European Neighbourhood Policy and the objectives set out in Article 3 of the of Regulation EU.../... [IPA III];

 

(b)    addressing bottlenecks to private investments, in particular by ensuring the legal security of investments;

 

(c)    leveraging private sector financing, with a particular focus on micro, small and medium-sized enterprises;

 

(d)    strengthening socio-economic sectors and areas and related public and private infrastructure and sustainable connectivity and sustainable production, with the objective of promoting an inclusive and sustainable socio-economic development that respects human rights and the environment;

 

(e)    contributing to climate action and environmental protection and management;

 

(f)    contributing, by promoting sustainable development, to addressing specific root causes of migration, including irregular migration and forced displacement, and contribute to safe, orderly and regular migration and mobility.

Amendment    240

Proposal for a regulation

Article 27 – paragraph 1

Text proposed by the Commission

Amendment

1.  The financing and investment operations eligible for support through the External Action Guarantee shall be consistent and aligned with Union policies, as well as with the partner countries’ strategies and policies. They shall in particular support the objectives, general principles and policy framework of this Regulation and the relevant indicative programming documents, with due regard to the priority areas laid down in Annex V.

1.  The financing and investment operations eligible for support through the External Action Guarantee shall be consistent and aligned with Union policies, in particular its development policy and the European Neighbourhood Policy, as well as with the partner countries’ strategies and policies and address local market failures or sub-optimal investment operations and without unfairly competing with local economic actors. They shall in particular support the objectives, general principles and policy framework of this Regulation and the relevant indicative programming documents, with due regard to the priority areas laid down in Article 26 a and further described in Annex V.

Amendment    241

Proposal for a regulation

Article 27 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1 a.  The granting of the External Action Guarantee shall be subject to the conclusion of the respective EFSD guarantee agreements between the Commission on behalf of the Union and the eligible counterpart.

Amendment    242

Proposal for a regulation

Article 27 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2.  The External Action Guarantee shall support financing and investment operations compliant with the conditions set out in points (a) to (c) of Article 209(2) of the Financial Regulation and that:

2.  The External Action Guarantee shall support financing and investment operations which address market failures or sub-optimal investment situations. Operations shall also be compliant with the conditions set out in points (a) to (d) of Article 209(2) of the Financial Regulation and that:

Amendment    243

Proposal for a regulation

Article 27 – paragraph 2 – point -a a (new)

Text proposed by the Commission

Amendment

 

(-a a)  provide financial and development additionality;

Amendment    244

Proposal for a regulation

Article 27 – paragraph 2 – point -a b (new)

Text proposed by the Commission

Amendment

 

(-a b)  undergo a publicly available participatory ex ante human rights, social, labour and environmental impact assessment identifying and addressing risks in those fields and taking due account of the principle of free and prior informed consent (FPIC) of affected communities in land related investments;

Amendment    245

Proposal for a regulation

Article 27 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c)  are technically viable and are sustainable from an environmental and social point of view.

(c)  are technically viable and are sustainable from an environmental and socio-economic point of view.

Amendment    246

Proposal for a regulation

Article 27 – paragraph 2 – point c a (new)

Text proposed by the Commission

Amendment

 

(c a)  target sectors and issues where there are clear market or institutional failures inhibiting private sector financing;

Amendment    247

Proposal for a regulation

Article 27 – paragraph 2 – point c b (new)

Text proposed by the Commission

Amendment

 

(c b)  are structured in a manner which contributes to catalysing market development and to mobilising private sector resources towards investment gaps;

Amendment    248

Proposal for a regulation

Article 27 – paragraph 2 – point c c (new)

Text proposed by the Commission

Amendment

 

(c c)  focus on projects involving greater risks than private lenders are prepared to undertake on a commercial basis alone;

Amendment    249

Proposal for a regulation

Article 27 – paragraph 2 – point c d (new)

Text proposed by the Commission

Amendment

 

(c d)  do not distort markets in partner countries and regions.

Amendment    250

Proposal for a regulation

Article 27 – paragraph 2 – point c e (new)

Text proposed by the Commission

Amendment

 

(c e)  maximise, where possible, the mobilisation of local private sector capital;

Amendment    251

Proposal for a regulation

Article 27 – paragraph 2 – point c f (new)

Text proposed by the Commission

Amendment

 

(c f)  respect the development effectiveness principles as set out in the Busan Partnership for Effective Development Cooperation and reaffirmed in Nairobi in 2016, including ownership, alignment, focus on results, transparency and mutual accountability, as well as the objective of untying aid;

Amendment    252

Proposal for a regulation

Article 27 – paragraph 2 – point c g (new)

Text proposed by the Commission

Amendment

 

(c g)  are designed to fulfil the criteria for ODA established by the OECD-DAC, taking into account the specificities of private sector development, except for operations in industrialised countries non eligible for ODA;

Amendment    253

Proposal for a regulation

Article 27 – paragraph 2 – point c h (new)

Text proposed by the Commission

Amendment

 

(c h)  are applied with full respect for international human rights law as well as internationally agreed guidelines, principles and conventions, including the Principles for Responsible Investment, UN Guiding Principles on Business and Human Rights, OECD Guidelines for Multinational Enterprises, the UN Food and Agriculture Organization’s (FAO) Principles for Responsible Investment in Agriculture and Food Systems and International Labour Organization conventions and standards , the UN Convention on the Elimination of All Forms of Discrimination Against Women, the Maastricht Principles on the Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights and the FAO Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security;

Amendment    254

Proposal for a regulation

Article 27 – paragraph 4

Text proposed by the Commission

Amendment

4.  The eligible counterparts for the purposes of the External Action Guarantee shall be the ones identified in Article 208(4) of the Financial Regulation, including those from third countries contributing to the External Action Guarantee, subject to approval by the Commission in accordance with Article 28 of this Regulation. In addition, and by derogation to Article 62(2)(c) of the Financial Regulation, bodies governed by the private law of a Member State or a third country which has contributed to the External Action Guarantee in accordance with Article 28, and which provide adequate assurance of their financial capacity shall be eligible for the purpose of the Guarantee.

4.  The eligible counterparts for the purposes of the External Action Guarantee shall be the ones identified in Article 208(4) of the Financial Regulation, including those from third countries contributing to the External Action Guarantee, subject to approval by the Commission in accordance with Article 28 of this Regulation, and the opinion of the strategic board. In addition, and by derogation to Article 62(2)(c) of the Financial Regulation, bodies governed by the private law of a Member State or a third country which has contributed to the External Action Guarantee in accordance with Article 28, and which provide adequate assurance of their financial capacity shall be eligible for the purpose of the Guarantee.

Amendment    255

Proposal for a regulation

Article 27 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

 

4 a.  The European Investment Bank group, shall, inter alia:

 

a) participate, together with other European financial institutions, in the risk management of the EFSD+, having due regard to the need to avoid possible conflict of interest;

 

b)   exclusively implement part of an investment window covering sovereign lending to be provisioned with at least 1 000 000 000 € from the financial envelopes of the geographic programmes, in accordance with the procedures laid down in chapters 1 and 3 of this title;

 

c)    be an eligible counterpart of implementing activities under other investment windows.

Amendment    256

Proposal for a regulation

Article 27 – paragraph 5 – subparagraph 1

Text proposed by the Commission

Amendment

Eligible counterparts shall comply with the rules and conditions provided for in Article 62(2)(c) of the Financial Regulation. In the case of bodies governed by the private law of a Member State or a third country which have contributed to the External Action Guarantee in accordance with Article 28 of this Regulation, preference shall be given to those bodies that disclose information related to environment, social and corporate governance criteria.

Eligible counterparts shall comply with the rules and conditions provided for in Article 62(2)(c) of the Financial Regulation. In the case of bodies governed by the private law of a Member State or a third country which have contributed to the External Action Guarantee in accordance with Article 28 of this Regulation, preference shall be given to those bodies that disclose information related to environment, social, tax and corporate governance criteria.

Amendment    257

Proposal for a regulation

Article 27 – paragraph 5 – subparagraph 3

Text proposed by the Commission

Amendment

The Commission shall ensure fair treatment for all eligible counterparts and shall ensure that conflicts of interest are avoided throughout the implementation period of the EFSD+. In order to ensure complementarity, the Commission may request any relevant information from eligible counterparts about their non-EFSD+ operations.

The Commission shall ensure fair treatment and equal access to funding for all eligible counterparts and shall ensure that conflicts of interest are avoided throughout the application period of the EFSD+. In order to ensure complementarity, the Commission may request any relevant information from eligible counterparts about their non-EFSD+ operations.

Amendment    258

Proposal for a regulation

Article 27 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

 

5 a.  The European Parliament or the Council may invite eligible counterparts, CSOs and local communities to an exchange of views concerning the financing and investment operations covered by this Regulation.

Amendment    259

Proposal for a regulation

Article 27 – paragraph 6 – point d a (new)

Text proposed by the Commission

Amendment

 

(d a)  the principles of fair and open tender procedures.

Amendment    260

Proposal for a regulation

Article 27 – paragraph 7

Text proposed by the Commission

Amendment

7.  The Commission shall set up investment windows for regions, specific partner countries or both, for specific sectors, or for specific projects, specific categories of final beneficiaries or both, which are to be funded by this Regulation, to be covered by the External action Guarantee up to a fixed amount. The Commission shall inform the European Parliament and the Council on how the investment windows comply with this Article and their detailed funding priorities. All requests for financial support within investment windows shall be made to the Commission.

deleted

The choice of investment windows shall be duly justified by an analysis of the market failure or sub-optimal investment situations. That analysis shall be carried out by the Commission in cooperation with potentially eligible counterparts and stakeholders.

 

Eligible counterparts may provide the instruments referred to in paragraph 3 under an investment window or individual project administered by an eligible counterpart. The instruments may be provided for the benefit of partner countries, including countries experiencing fragility or conflict or countries facing challenges in reconstruction and post-conflict recovery, for the benefit of those partner countries’ institutions, including their public national and private local banks and finance institutions, as well as for the benefit of private sector entities of those partner countries.

 

Amendment    261

Proposal for a regulation

Article 27 – paragraph 8

Text proposed by the Commission

Amendment

8.  The Commission shall assess the operations supported by the External Action Guarantee against the eligibility criteria set out in paragraphs 2 and 3, where possible drawing on the existing result measurement systems of eligible counterparts. The Commission shall publish the result of its assessment for each investment window on an annual basis.

8.  The Commission shall assess the operations supported by the External Action Guarantee against the eligibility criteria set out in paragraphs 2 and 3. The Commission shall establish a scoreboard of indicators to guide project selection. Implementing partners shall fill in the scoreboard for all operations under EFSD+. The Commission shall assess all operations supported by the Guarantee against eligibility criteria listed in Article 27 and shall use the scoreboard to perform an independent quality check on the due diligence and assessment made by implementing partners at project level. If necessary, the Commission shall ask for clarification and modifications to the implementing partners. The Commission shall publish the scoreboard for all projects after approval for the use of the guarantee by the Commission and implementing partners, and the result of all guarantee tools and individual projects under its assessment for each investment window on an annual basis.

Amendment    262

Proposal for a regulation

Article 27 – paragraph 9

Text proposed by the Commission

Amendment

9.  The Commission shall be empowered to adopt delegated acts in accordance with Article 34 to supplement or amend the priority areas in Annex V and the governance of the EFSD+ in Annex VI.

9.  The Commission shall be empowered to adopt delegated acts in accordance with Article 34 to supplement or amend the priority areas and investment windows indicated in Annex V. When supplementing or amending investment windows for specific regions, specific partner countries or both, for specific sectors, or for specific projects, specific categories of final beneficiaries or both, which are to be funded by this Regulation, to be covered by the External action Guarantee up to a fixed amount, the Commission shall take due account of the advice provided by the strategic board, and consult the operational boards.

 

The Commission shall inform the European Parliament and the Council on how the investment windows comply with the requirements set out in Article 26 a and this Article and their detailed funding priorities. All requests for financial support within investment windows shall be made to the Commission.

 

The choice of investment windows shall be duly justified by an analysis of the market failure or sub-optimal investment situations. That analysis shall be carried out by the Commission in cooperation with potentially eligible counterparts and stakeholders.

 

Eligible counterparts may provide the instruments referred to in paragraph 3 under an investment window or individual project administered by an eligible counterpart. The instruments may be provided for the benefit of partner countries, including countries experiencing fragility or conflict or countries facing challenges in reconstruction and post-conflict recovery, for the benefit of those partner countries’ institutions, including their public national and private local banks and finance institutions, as well as for the benefit of private sector entities of those partner countries. In countries experiencing fragility or conflict, and other countries, where justified, support may be provided to public sector investments that have relevant effects on private sector development.

Amendment    263

Proposal for a regulation

Article 27 a (new)

Text proposed by the Commission

Amendment

 

Article 27 a

 

Governance and structure of the EFSD +

 

1.  The EFSD+ shall be composed of regional investment platforms established on the basis of the working methods, procedures and structures of the existing external blending facilities of the Union, which may combine their blending operations and External Action Guarantee operations under the EFSD+.

 

2.  The Commission shall be responsible for the overall management of the EFSD+ and the External Action Guarantee. Beyond that, the Commission shall not seek to carry out general banking operations. The Commission shall inform the European Parliament regularly to ensure the highest standards of transparency and financial accountability.

 

3.  In the management of the EFSD+ the Commission shall be advised by a strategic board, except in the case of the operations covering the Union’s Enlargement policy and financed by[IPA III], where the Commission shall be advised by a strategic board of the Western Balkans Investment Framework (WBIF). The Commission shall also work in close cooperation with all eligible counterparts as regards the operational management of the External Action Guarantee. To that end, a technical working group, composed of experts from the Commission and eligible counterparts, shall be established in order to assess the risk and the related pricing.

 

4.  The strategic board shall advise the Commission on the strategic orientation and priorities of External Action Guarantee investments under the EFSD+ and contribute to their alignment with the guiding principles and objectives of the Union’s external action, development policy, European Neighbourhood policy, as well as with the objectives set out in Article 3 and the purpose of the EFSD+ as set out in Article 26. It shall also support the Commission in setting overall investment goals as regards the use of the External Action Guarantee to support EFSD+ operations and monitor an appropriate and diversified geographical and thematic coverage for investment windows, while giving special attention to countries identified as experiencing fragility or conflict, Least Developed Countries (‘LDCs’) and heavily indebted poor countries.

 

5.  The strategic board shall also support overall coordination, complementarity and coherence between the regional investment platforms, between the three pillars of the European Investment Plan, between the European Investment Plan and the Union’s other efforts on migration and on the implementation of the 2030 Agenda, as well as with other programmes set out in this Regulation, other Union funding instruments and Trust Funds.

 

6.  The strategic board shall be composed of representatives of the Commission and of the High Representative, of all Member States and of the European Investment Bank. The European Parliament shall have observer status. Contributors, eligible counterparts, partner countries, relevant regional organisations and other stakeholders may be given observer status, where appropriate. The strategic board shall be consulted prior to the inclusion of any new observer. The strategic board shall be co-chaired by the Commission and the High Representative.

 

7.  The strategic board shall meet at least twice a year and, when possible, adopt opinions by consensus. Additional meetings may be organised at any time by the chair or at the request of one third of its members. Where consensus cannot be reached, the voting rights as agreed during the first meeting of the strategic board and laid down in its rules of procedure shall apply. Those voting rights shall take due account of the source of financing. The rules of procedure shall set out the framework regarding the role of observers. The minutes and agendas of the meetings of the strategic board shall, following their adoption, be made public.

 

8.  The Commission shall report annually to the strategic board about the progress made in respect of the application of the EFSD+. The strategic board of the WBIF shall provide progress made on the application of the guarantee instrument for the Enlargement region to complement that reporting. The strategic board shall regularly organise a consultation of relevant stakeholders on the strategic orientation and application of the EFSD+.

 

9.  The existence of the two strategic boards does not bear influence on the need to have a single, unified EFSD+ risk management framework.

 

10.  During the application period of the EFSD+, the strategic board shall, as soon as possible, adopt and publish guidelines setting out how conformity of EFSD+ operations with the objectives and eligibility criteria set out in Articles 26 a and 27 is to be ensured.

 

11.  In its strategic guidance, the strategic board shall take due account of relevant European Parliament resolutions and Council decisions and conclusions.

 

12.  The operational boards of regional investment platforms shall support the Commission at the application level in defining regional and sectoral investment goals and regional, sectoral and thematic investment windows and shall formulate opinions on blending operations and on the use of the External Action Guarantee covering EFSD+ operations.

Amendment    264

Proposal for a regulation

Article 28 – paragraph 1 – subparagraph 3

Text proposed by the Commission

Amendment

Contribution from third countries other than the contracting parties to the Agreement on the European Economic Area and from other third parties shall be in the form of cash and subject to approval by the Commission.

Contribution from third countries other than the contracting parties to the Agreement on the European Economic Area and from other third parties shall be in the form of cash and subject to the opinion of the Strategic Board and approval by the Commission.

Amendment    265

Proposal for a regulation

Article 28 – paragraph 1 – subparagraph 5

Text proposed by the Commission

Amendment

At the request of the Member States, their contributions may be earmarked for the initiation of actions in specific regions, countries, sectors or existing investment windows.

deleted

Amendment    266

Proposal for a regulation

Article 28 – paragraph 2 – subparagraph 3

Text proposed by the Commission

Amendment

Any contribution may be used to cover guarantee calls regardless of earmarking.

Any contribution may be used to cover guarantee calls.

Amendment    267

Proposal for a regulation

Article 29 – title

Text proposed by the Commission

Amendment

Implementation of External Action Guarantee agreements

Application of External Action Guarantee agreements

Amendment    268

Proposal for a regulation

Article 29 – paragraph 1

Text proposed by the Commission

Amendment

1.  The Commission, on behalf of the Union, shall conclude External Action Guarantee agreements with the eligible counterparts selected pursuant to Article 27. Agreements may be concluded with a consortium of two or more eligible counterparts.

1.  The Commission, on behalf of the Union, shall conclude External Action Guarantee agreements with the eligible counterparts selected pursuant to Article 27. Those agreements shall be unconditional, irrevocable, at first demand, and in favour of selected counterparts. Agreements may be concluded with a consortium of two or more eligible counterparts.

Amendment    269

Proposal for a regulation

Article 29 – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

All External Action Guarantee agreements shall, upon request, be made available to the European Parliament and to the Council, taking into account the protection of confidential and commercially sensitive information.

All External Action Guarantee agreements shall be made available to the European Parliament and to the Council, taking into account the protection of confidential and commercially sensitive information.

Amendment    270

Proposal for a regulation

Article 29 – paragraph 3 – point c

Text proposed by the Commission

Amendment

(c)  a mention of the objectives and purpose of this Regulation, a needs assessment and an indication of the expected results, taking into account the promotion of corporate social responsibility and responsible business conduct;

(c)  a mention of the objectives and purpose of this Regulation, a needs assessment and an indication of the expected results, taking into account the promotion of corporate social responsibility and the need to ensure a responsible business conduct, including, in particular, by respect for the internationally agreed guidelines, principles and legal instruments referred to in point (c h) of Article 27(2);

Amendment    271

Proposal for a regulation

Article 29 – paragraph 3 – point d

Text proposed by the Commission

Amendment

(d)  the remuneration of the guarantee, which is to reflect the risk level, and the possibility for the remuneration to be partly subsidised in order to give concessional terms in duly justified cases;

(d)  the remuneration of the guarantee, which is to reflect the risk level, and the possibility for the remuneration to be partly subsidised in order to give concessional terms in duly justified cases, and in particular countries experiencing fragility or conflict, LDCs and heavily indebted countries;

Amendment    272

Proposal for a regulation

Article 29 – paragraph 3 – point g

Text proposed by the Commission

Amendment

(g)  monitoring, reporting and evaluation obligations;

(g)  transparent monitoring, reporting and evaluation obligations;

Amendment    273

Proposal for a regulation

Article 29 – paragraph 3 – point h

Text proposed by the Commission

Amendment

(h)  clear and accessible complaints procedures for third parties that could be affected by the implementation of projects supported by the External Action Guarantee.

(h)  clear and accessible complaints procedures for third parties that could be affected by the application of projects supported by the External Action Guarantee.

Amendment    274

Proposal for a regulation

Article 29 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

 

5 a.  The Commission, when concluding External Action Guarantee agreements with eligible counterparts, shall take due account of:

 

(a)   the advice and guidance of the strategic and regional operational boards;

 

(b)   the objectives of the investment window;

 

(c)   the experience and operational, financial and risk management capacity of the eligible counterpart;

 

(d)   the amount of own resources, as well as private sector co-financing, that the eligible counterpart is ready to mobilise for the investment window.

Amendment    275

Proposal for a regulation

Article 29 – paragraph 7

Text proposed by the Commission

Amendment

7.  The eligible counterparts shall, upon request, provide the Commission with any additional information necessary to fulfil the Commission’s obligations in relation to this Regulation.

7.  The eligible counterparts shall, upon request, provide the Commission with any additional information necessary to fulfil the Commission’s obligations in relation to this Regulation, in particular with regard to the implementation of recommendations from the ex-ante human rights, social, labour and environment impact assessment and other selection criteria listed in Article 27.

Amendment    276

Proposal for a regulation

Article 29 – paragraph 8

Text proposed by the Commission

Amendment

8.  The Commission shall report on financial instruments, budgetary guarantees, financial assistance in accordance with Article 241 and 250 of the Financial Regulation. To this purpose, the eligible counterparts shall provide annually the information necessary to allow the Commission to comply with the reporting obligations.

8.  The Commission shall report on financial instruments, budgetary guarantees, financial assistance in accordance with Article 241 and 250 of the Financial Regulation. To this purpose, the eligible counterparts shall provide annually the information necessary to allow the Commission to comply with the reporting obligations. In addition, the Commission shall submit an annual report to the European Parliament and to the Council as set out in Article 31(6 a).

Amendment    277

Proposal for a regulation

Article 29 – paragraph 8 a (new)

Text proposed by the Commission

Amendment

 

8 a.  The Commission or the eligible counterparts shall immediately notify OLAF when, at any stage of the preparation, implementation or closure of financing and investment operations covered by this Regulation, there are grounds for suspecting fraud, corruption, money laundering or any other illegal activity that may affect the financial interests of the Union. The Commission or the eligible counterparts shall provide OLAF with all necessary information to enable it to carry out a full and thorough investigation.

Amendment    278

Proposal for a regulation

Article 29 a (new)

Text proposed by the Commission

Amendment

 

Article 29 a

 

Grievance and redress mechanism

 

In view of possible grievances of third parties in partner countries, including communities and individuals affected by projects supported by the EFSD+ and the External Action Guarantee, the Commission and European Union Delegations shall publish on their websites direct references to the complaints mechanisms of the relevant counterparts that have concluded agreements with the Commission. The Commission shall also establish an EU centralised grievance mechanism for all projects pursuant to Chapter IV of this Regulation to provide the possibility of directly receiving complaints related to the treatment of grievances by eligible counterparts. The Commission shall take that information into account in view of future cooperation with those counterparts.

Amendment    279

Proposal for a regulation

Article 29 b (new)

Text proposed by the Commission

Amendment

 

Article 29 b

 

Excluded activities and non-cooperative jurisdictions

 

1.   The External Action Guarantee shall not support financing and investment operations which:

 

(a)   are linked to the military or state security sector.

 

(b)   support the development of nuclear energy, except for loans provided in accordance with Regulation EINS, and fossil fuels and promote further carbon lock-in of economies and societies.

 

(c)   have significant environmental external costs, such as those that involve degradation of protected areas, Critical Habitats and Heritage sites for which no sustainable development and management plan is carried out.

 

(d)   result in violation of human rights in partner countries, such as depriving communities from their right to access and control natural resources such as land, contribute to forced displacement of populations, or involve forced labour or child labour.

 

2.   In their financing and investment operations, the eligible counterparts shall comply with applicable Union law and agreed international and Union standards and, therefore, shall not support projects under this Regulation that contribute to money laundering, terrorism financing, tax avoidance, tax fraud and tax evasion. In addition, the eligible counterparts shall not enter into new or renewed operations with entities incorporated or established in jurisdictions listed under the relevant Union policy on non-cooperative jurisdictions, or that are identified as high risk third countries pursuant to Article 9(2) of Directive (EU) 2015/849 of the European Parliament and of the Council, or that do not effectively comply with Union or internationally agreed tax standards on transparency and exchange of information. The eligible counterparts may derogate from this principle only if the project is physically implemented in one of those jurisdictions, and does not present any indication that the relevant operation falls under any of the categories listed in the first subparagraph of this paragraph. When concluding agreements with financial intermediaries, the eligible counterparts shall transpose the requirements referred to in this Article into the relevant agreements and shall request the financial intermediaries to report on their observance.

 

3.   In its financing and investment operations, the eligible counterpart shall apply the principles and standards set out in Union law on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing and in particular Regulation (EU) 2015/847 of the European Parliament and of the Council (2) and Directive (EU) 2015/849. The eligible counterparts shall make both direct funding and funding via intermediaries under this Regulation contingent upon the disclosure of beneficial ownership information in accordance with Directive (EU) 2015/849 and publish country-by-country reporting data in accordance with Article 89(1) of Directive 2013/36/EU of the European Parliament and of the Council.

Amendment    280

Proposal for a regulation

Article 31 – paragraph -1 (new)

Text proposed by the Commission

Amendment

 

-1.  The achievement of the objectives of this Regulation shall be measured through an adequate, transparent and accountable monitoring, reporting and evaluation system, ensuring the proper involvement of the European Parliament and the Council, as well as enhancing the participation of all Union partners, including civil society, in the application of the programmes.

Amendment    281

Proposal for a regulation

Article 31 – paragraph 1

Text proposed by the Commission

Amendment

1.  Indicators to report on progress under this Regulation towards the achievement of the specific objectives set out in Article 3 are set in Annex VII, in line with the Sustainable Development Goals indicators. The values of the indicators on 1 January 2021 shall be used as a basis for assessing the extent to which the objectives have been achieved.

1.  Indicators to report on progress under this Regulation towards the achievement of the specific objectives set out in Article 3 (2) are set in Annex VII, in line with the Sustainable Development Goals indicators. The values of the indicators on 1 January 2021 shall be used as a basis for assessing the extent to which the objectives have been achieved.

Amendment    282

Proposal for a regulation

Article 31 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

The Commission shall regularly monitor its actions and review progress made towards delivering expected results, covering outputs and outcomes.

The Commission shall regularly monitor its actions and review progress made towards delivering the targets established in Article 3, as well as expected results, covering outputs and outcomes.

Amendment    283

Proposal for a regulation

Article 31 – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

Progress with respect to expected results should be monitored on the basis of clear, transparent and, where appropriate, measurable indicators. Indicators shall be kept at a limited number to facilitate timely reporting.

Progress with respect to expected results shall be monitored on the basis of clear, transparent and measurable indicators set in Annex VII and in the monitoring and evaluation framework adopted pursuant to paragraph 9, as well as in accordance with the provisions on Union budgetary execution. Indicators shall be kept at a limited number to facilitate timely reporting and, as a minimum, shall be disaggregated by sex and age.

Amendment    284

Proposal for a regulation

Article 31 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

Joint results frameworks included within joint programming documents that fulfil the criteria set out in Article 12(4) shall provide the basis for the joint monitoring by the Union and the Member States of the implementation of their collective support to a partner country.

Joint results frameworks included within joint programming documents that fulfil the criteria set out in Article 12(4) shall provide the basis for the joint monitoring by the Union and the Member States of the application of their collective support to a partner country.

Amendment    285

Proposal for a regulation

Article 31 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

The performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently, effectively, and in a timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds.

The performance reporting system shall ensure that data for monitoring programme application and results are collected efficiently, effectively, and in a timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds.

Amendment    286

Proposal for a regulation

Article 31 – paragraph 4

Text proposed by the Commission

Amendment

4.  The Commission shall examine the progress made in implementing this Regulation. From 2022 onwards, the Commission shall submit to the European Parliament and to the Council an annual report on the achievement of the objectives of this Regulation by means of indicators, measuring the results delivered and the efficiency of the Regulation. That report shall also be submitted to the European Economic and Social Committee and to the Committee of the Regions.

4.  The Commission shall examine the progress made in applying this Regulation. From 2022 onwards, the Commission shall submit to the European Parliament and to the Council an annual report on the achievement of the objectives of this Regulation by means of indicators, including, but not limited to, those set in Annex VII as well as Union budgetary execution, measuring the results delivered and the efficiency of the Regulation. That report shall also be submitted to the European Economic and Social Committee and to the Committee of the Regions.

Amendment    287

Proposal for a regulation

Article 31 – paragraph 5

Text proposed by the Commission

Amendment

5.  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 budgetary commitments and of payment appropriations broken down by country, region and cooperation sector. It shall assess the results of the Union funding using, as far as possible, specific and measurable indicators of its role in meeting the objectives of this Regulation. In the case of development cooperation, the report shall also assess, where possible and relevant, the adherence to development effectiveness principles, including for innovative financial instruments.

5.  The annual report shall contain information relating to the previous year on the measures financed, the results of monitoring and evaluation exercises, the involvement and level of cooperation of the relevant partners, and the application of budgetary commitments and of payment appropriations broken down by country, region and cooperation sector. It shall include an assessment of progress made towards expected results and regarding the incorporation of cross-cutting issues as mentioned in Article 8(6). It shall assess the results of the Union funding using specific and measurable indicators of its role in meeting the objectives of this Regulation. In the case of development cooperation, the report shall also assess, the adherence to development effectiveness principles, including for innovative financial instruments.

Amendment    288

Proposal for a regulation

Article 31 – paragraph 6

Text proposed by the Commission

Amendment

6.  The annual report prepared in 2021 shall contain consolidated information from annual reports concerning the period from 2014 to 2020 on all funding from the Regulations referred to in Article 40(2), including external assigned revenues and contributions to trust funds, and offering a breakdown of spending by country, use of financial instruments, commitments and payments. The report shall reflect the main lessons learnt and the follow-up to the recommendations of the external evaluative exercises carried out in previous years.

6.  The annual report prepared in 2021 shall contain consolidated information from annual reports concerning the period from 2014 to 2020 on all funding from the Regulations referred to in Article 39(2), including external assigned revenues and contributions to trust funds, and offering a breakdown of spending by country, use of financial instruments, commitments and payments. The report shall reflect the main lessons learnt, and the follow-up to the recommendations of the external evaluative exercises carried out in previous years. It shall include an assessment of the level of staff capacity at headquarters and Union delegations level for the delivery of all objectives covered in this Regulation.

Amendment    289

Proposal for a regulation

Article 31 – paragraph 6 a (new)

Text proposed by the Commission

Amendment

 

6 a.  The Commission shall submit as part of the annual report detailed reporting on the financing and investment operations covered by the External Action Guarantee, and the functioning of the EFSD+, its management and its effective contribution to its objectives. That part of the annual report shall be accompanied by an opinion of the Court of Auditors. It shall include the following elements:

 

(a)   an assessment of the results contributing to the purpose and objectives of the EFSD+ as set out in this Regulation;

 

(b)   an assessment of current financing and investment operations and covered by the External Action Guarantee at sector, country and regional levels and their compliance with this Regulation, including the risk measures and their impact on the financial and economic stability of the partners;

 

(c)   an assessment of the additionality and added value, the mobilisation of private sector resources, the estimated and actual outputs and the outcomes and impact of the financing and investment operations covered by the External Action Guarantee on an aggregated basis, including the impact on decent job creation and the ability to provide a living wage, the eradication of poverty and the reduction of inequality; that assessment shall include a gender analysis of the operations covered based on evidence and data broken down by gender, where possible, and an analysis of the type of private sector supported, including cooperatives and social enterprises;

 

(d)   an assessment of the compliance with the requirements concerning the use of the External Action Guarantee and of the achievement of key performance indicators established for each proposal submitted;

 

(e)  an assessment of the leverage effect achieved by the operations covered by the External Action Guarantee and the EFSD+ ;

 

(f)   the financial amount transferred to beneficiaries and an assessment of financing and investment operations by each eligible counterpart on an aggregated basis;

 

(g)   an assessment of the additionality and added value of financing and investment operations of the eligible counterparts, and of the aggregate risk associated with those operations;

 

(h)   detailed information on calls on the External Action Guarantee, losses, returns, amounts recovered and any other payments received, as well as overall risk exposure;

 

(i)   the financial reports on financing and investment operations of the eligible counterparts covered by this Regulation, audited by an independent external auditor;

 

(j)   an assessment of the synergies and complementarity between operations covered by the External Action Guarantee and the second and third pillars of the EIP based on relevant existing reports, with particular regard to progress made on good governance, including in the fight against corruption and illicit financial flows, respect for human rights, the rule of law and gender-responsive policies, as well as the boosting of entrepreneurship, the local business environment and local financial markets;

 

(k)   an assessment of the compliance of the External Action Guarantee operations with the internationally agreed development effectiveness principles;

 

(l)   an assessment of the remuneration of the guarantees;

 

(m)   an assessment of the implementation of provisions related to excluded activities and non-cooperative jurisdictions.

Amendment    290

Proposal for a regulation

Article 31 – paragraph 7

Text proposed by the Commission

Amendment

7.  An annual estimate of the overall spending related to climate action and biodiversity shall be made on the basis of the indicative programming documents adopted. The funding allocated under this Regulation shall be subject to an annual tracking system based on the methodology of the Organisation for Economic Cooperation and Development (‘Rio markers’), without excluding the use of more precise methodologies where these are available, integrated into the existing methodology for performance management of Union programmes, to quantify the expenditure related to climate action and biodiversity at the level of the action plans and measures referred to in Article 19 and recorded within evaluations and the annual report.

7.  An annual estimate of the overall spending related to the targets set by this Regulation shall be made on the basis of the indicative programming documents adopted. The funding allocated under this Regulation shall be subject to an annual tracking system based on the methodology of the Organisation for Economic Cooperation and Development including ‘Rio markers’, without excluding the use of more precise methodologies where these are available, integrated into the existing methodology for performance management of Union programmes, to quantify the expenditure related to climate action, biodiversity and environment, human development and social inclusion, gender equality, and Official Development Assistance, at the level of the action plans and measures referred to in Article 19 and recorded within evaluations and the annual report. The Commission shall transmit the estimate to the European Parliament as part of the annual report.

Amendment    291

Proposal for a regulation

Article 31 – paragraph 8

Text proposed by the Commission

Amendment

8.  The Commission shall make available information on development co-operation through recognised international standards.

8.  The Commission shall make available information on development cooperation through recognised international standards, including those of the International Labour Organisation, and using the framework for a common standard developed by the International Aid Transparency Initiative.

Amendment    292

Proposal for a regulation

Article 31 – paragraph 9

Text proposed by the Commission

Amendment

9.  To ensure effective assessment of progress of this Regulation towards the achievement of its objectives, the Commission shall be empowered to adopt delegated acts in accordance with Article 34 to amend Annex VII to review or complement the indicators where considered necessary and to supplement this Regulation with provisions on the establishment of a monitoring and evaluation framework.

9.  To ensure effective assessment of progress of this Regulation towards the achievement of its objectives, the Commission shall adopt delegated acts in accordance with Article 34 to amend Annex VII to review or complement the indicators where considered necessary, including in the context of the mid-term review pursuant to Article 32, and to supplement this Regulation with provisions on the establishment of a monitoring and evaluation framework, which may include additional performance indicators applicable for each of the specific objectives of this Regulation.

Amendment    293

Proposal for a regulation

Article 32 – title

Text proposed by the Commission

Amendment

Evaluation

Mid-term review and evaluation

Amendment    294

Proposal for a regulation

Article 32 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

An interim evaluation of this Regulation shall be performed once there is sufficient information available about its implementation, but no later than four years after the start of the implementation of the instrument.

No later than 30 June 2024, the Commission shall submit a mid-term evaluation report on the application of this Regulation. The mid-term evaluation report shall cover the period from 1 January 2021 to 31 December 2023 and shall examine the Union contribution to the achievement of the objectives of this Regulation, by means of indicators measuring the results delivered, and any findings and conclusions concerning the impact of this Regulation, including of the European Fund for Sustainable Development Plus and the External Action Guarantee.

Amendment    295

Proposal for a regulation

Article 32 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

The European Parliament may provide input to this evaluation. The Commission and the EEAS shall organise a consultation with key stakeholders and beneficiaries, including civil society organisations. The Commission and EEAS shall give particular attention to ensure that the most marginalised are represented.

Amendment    296

Proposal for a regulation

Article 32 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

Where appropriate evaluations shall make use of the good practise principles of the Development Assistance Committee of the Organisation for Economic Cooperation and Development, seeking to ascertain whether the objectives have been met and to formulate recommendations with a view to improving future actions.

The Commission shall also evaluate the impact and effectiveness of its actions per area of intervention, and the effectiveness of programming, by means of external evaluations. The Commission and the EEAS shall take into account proposals and views of the European Parliament and the Council on independent external evaluations. Where applicable evaluations shall make use of the good practice principles of the Development Assistance Committee of the Organisation for Economic Cooperation and Development, seeking to ascertain whether the objectives have been met and to formulate recommendations with a view to improving future actions. The interim evaluation shall assess how the Union performed on targets established by this Regulation.

Amendment    297

Proposal for a regulation

Article 32 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

At the end of the implementation of the Regulation, but no later than four years after the end of the period specified in Article 1, a final evaluation of the Regulation shall be carried out by the Commission. This evaluation shall look at the Union contribution to the achievement of the objectives of this Regulation, taking into account indicators measuring the results delivered and any findings and conclusions concerning the impact of this Regulation.

The mid-term evaluation report shall also address efficiency, the added value, the functioning of the simplified and streamlined external financing architecture, internal and external coherence, and the continued relevance of the objectives of this Regulation, the complementarity and synergies between the actions funded, the contribution of the measures to consistent Union external action, and the degree to which the public in recipient countries are aware of Union financial support, where appropriate, and include the findings of the reports referred to in article 31(4).

Amendment    298

Proposal for a regulation

Article 32 – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

The final evaluation report shall also address efficiency, the added value, the scope for simplification, internal and external coherence, and the continued relevance of the objectives of this Regulation.

deleted

Amendment    299

Proposal for a regulation

Article 32 – paragraph 2 – subparagraph 3

Text proposed by the Commission

Amendment

The final evaluation report shall be undertaken for the specific purpose of improving the implementation of the Union funding. It shall inform decisions on the renewal, modification or suspension of the types of actions implemented under the Regulation.

The mid-term evaluation report shall be undertaken for the specific purpose of improving the application of the Union funding. It shall inform decisions on the renewal, modification or suspension of the types of actions implemented under the Regulation.

Amendment    300

Proposal for a regulation

Article 32 – paragraph 2 – subparagraph 4

Text proposed by the Commission

Amendment

The final evaluation report shall also contain consolidated information from relevant annual reports on all funding governed by this Regulation, including external assigned revenues and contributions to trust funds offering a breakdown of spending by beneficiary country, use of financial instruments, commitments and payments

The mid-term evaluation report shall also contain consolidated information from relevant annual reports on all funding governed by this Regulation, including external assigned revenues and contributions to trust funds offering a breakdown of spending by, beneficiary country, use of financial instruments, commitments and payments, as well as by geographic and thematic programme and rapid response action, including funds mobilised from the emerging challenges and priorities cushion.

Amendment    301

Proposal for a regulation

Article 32 – paragraph 2 – subparagraph 5

Text proposed by the Commission

Amendment

The Commission shall communicate the conclusions of the evaluations accompanied by its observations, to the European Parliament, to the Council and to the Member States through the relevant committee referred to in Article 35. Specific evaluations may be discussed in that committee at the request of Member States. The results shall feed into programme design and resource allocation.

The Commission shall communicate the conclusions of the evaluations accompanied by its observations, to the European Parliament, to the Council and to the Member States. The results shall feed into programme design and resource allocation.

Amendment    302

Proposal for a regulation

Article 32 – paragraph 2 – subparagraph 6

Text proposed by the Commission

Amendment

The Commission shall, to an appropriate extent, associate all relevant stakeholders in the evaluation process of the Union's funding provided under this Regulation, and may, where appropriate, seek to undertake joint evaluations with the Member States and development partners with close involvement of the partner countries.

The Commission shall associate all relevant stakeholders and beneficiaries, including CSOs in the evaluation process of the Union's funding provided under this Regulation, and may, where appropriate, seek to undertake joint evaluations with the Member States and development partners with close involvement of the partner countries.

Amendment    303

Proposal for a regulation

Article 32 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2 a.  The Commission shall submit the mid-term evaluation report referred to in paragraph 2 to the European Parliament and to the Council. The report shall be accompanied, if appropriate, by legislative proposals setting out necessary amendments to this Regulation.

Amendment    304

Proposal for a regulation

Article 32 – paragraph 2 b (new)

Text proposed by the Commission

Amendment

 

2 b.  At the end of the period of application of this Regulation, but no later than three years after the end of the period specified in Article 1, the Commission shall carry out a final evaluation of the Regulation on the same terms as the mid-term evaluation referred to in paragraph 2 of this Article.

Amendment    305

Proposal for a regulation

Article 33 – paragraph 1

Text proposed by the Commission

Amendment

1.  In duly justified cases and where the action to be implemented is of a global, trans-regional or regional nature, the Commission may decide, within the relevant multiannual indicative programmes or within the relevant action plans or measures to extend the scope of actions to countries and territories not covered by this Regulation pursuant to Article 4 in order to ensure the coherence and effectiveness of Union financing or to foster regional or trans-regional cooperation.

1.  In duly justified cases and where the action to be applied is of a global, trans-regional or regional nature, the Commission shall be empowered to adopt a delegated act in accordance with Article 34 in order to supplement this Regulation by adding countries and territories to those covered by this Regulation pursuant to Article 4 for the purpose of those actions.

Amendment    306

Proposal for a regulation

Article 33 – paragraph 2

Text proposed by the Commission

Amendment

2.  The Commission may include a specific financial allocation to assist partner countries and regions in strengthening their cooperation with neighbouring Union outermost regions and with overseas countries and territories covered by Council Decision OCT Decision. To this end, this Regulation, may contribute, where appropriate and on the basis of reciprocity and proportionality as regards the level of funding from the OCT Decision and/or the ETC Regulation, to actions implemented by a partner country or region or any other entity under this Regulation, by a country, territory or any other entity under the OCT Decision or by a Union outermost region in the frame of joint operational programmes or to interregional cooperation programmes or measures established and implemented under the ETC Regulation.

deleted

Amendment    307

Proposal for a regulation

Article 33 a (new)

Text proposed by the Commission

Amendment

 

Article 33 a

 

Cooperation between partner countries and regions with neighbouring Union outermost regions and with overseas countries and territories

 

1.   The Commission may include a specific financial allocation to assist partner countries and regions in strengthening their cooperation with neighbouring Union outermost regions and with overseas countries and territories covered by Council Decision OCT Decision. To this end, this Regulation, may contribute, where appropriate and on the basis of reciprocity and proportionality as regards the level of funding from the OCT Decision and/or the ETC Regulation, to actions applied by a partner country or region or any other entity under this Regulation, by a country, territory or any other entity under the OCT Decision or by a Union outermost region in the frame of joint operational programmes or to interregional cooperation programmes or measures established and applied under the ETC Regulation.

 

2.   The Union co-financing rate shall not be higher than 90 % of the eligible expenditure of a programme or measure. For technical assistance, the co-financing rate shall be 100 %.

Amendment    308

Proposal for a regulation

Article 34 – paragraph 2

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 4(6), Article 26(3), Article 27(9) and Article 31(9) shall be conferred on the Commission for the period of validity of this Regulation.

2.  The power to adopt delegated acts referred to in Article 4(6), Article 8(7a), Article 8(8b), Article 14(1), Article 15(a), Article 17(4), Article 21(3a), Article 26(4), Article 27(9), Article 31(9) and Article 33(1) shall be conferred on the Commission for the period of validity of this Regulation. The Commission shall adopt those delegated acts as soon as possible. However, the delegated acts referred to in Article 8(7a), Article 8(8b), Article 17(4), and Article 31(9) shall be adopted by ...[ 6 months after the date of entry into force of this Regulation].

Amendment    309

Proposal for a regulation

Article 34 – paragraph 3

Text proposed by the Commission

Amendment

3.  The delegation of power referred to in Article 4(6), Article 26(3), Article 27(9) and Article 31(9) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

3.  The delegation of power referred to in Article 4(6), Article 8(7a), Article 8(8b), Article 14(1), Article 15(a), Article 17(4), Article 21(3a), Article 26(4), Article 27(9), Article 31(9) and Article 33(1) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Amendment    310

Proposal for a regulation

Article 34 – paragraph 6

Text proposed by the Commission

Amendment

6.  A delegated act adopted pursuant to Article 4(6), Article 26(3), Article 27(9) and Article 31(9) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

6.  A delegated act adopted pursuant to Article 4(6), Article 8(7a), Article 8(8b), Article 14(1), Article 15(a), Article 17(4), Article 21(3a), Article 26(4), Article 27(9), Article 31(9) and Article 33(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Amendment    311

Proposal for a regulation

Article 34 a (new)

Text proposed by the Commission

Amendment

 

Article 34 a

 

Urgency procedure

 

1.   Where, in the case of natural or man-made disasters, or immediate threats to democracy, the rule of law, human rights or fundamental freedoms, imperative grounds of urgency so require, the Commission is empowered to adopt delegated acts and the procedure provided for in paragraphs 2 and 3 of this Article shall apply.

 

2.   Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 3.   The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure.

 

3.   Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 34(6). In such a case, the Commission shall repeal the act immediately following the notification of the decision to object by the European Parliament or by the Council.

Amendment    312

Proposal for a regulation

Article 34 b (new)

Text proposed by the Commission

Amendment

 

Article 34 b

 

Democratic accountability

 

1.   In order to enhance dialogue between the institutions of the Union, in particular the European Parliament, Commission and the EEAS, and to ensure greater transparency and accountability, as well as the expediency in the adoption of acts and measures by the Commission, the European Parliament may invite the Commission and the EEAS to appear before it to discuss the strategic orientations and guidelines for the programming under this Regulation. That dialogue shall also foster the overall coherence of all External Financing Instruments in line with Article 5. That dialogue may take place prior to the adoption of delegated acts and of the draft annual budget by the Commission. That dialogue may also take place on an ad hoc basis in view of major political developments, at the request of the European Parliament or the European Commission or the EEAS.

 

2.   The Commission and the EEAS shall present to the European Parliament all relevant documents in that regard at least one month prior to the dialogue. For the dialogue related to the annual budget, consolidated information on all action plans and measures adopted or planned in accordance with Article 21, information on cooperation per country, region and thematic area, and the use of rapid response actions, the emerging challenges and priorities cushion, and the External Action Guarantee shall be provided by the Commission and the EEAS .

 

3.   The Commission and the EEAS shall take utmost account of the position expressed by the European Parliament. In the event that the Commission or the EEAS do not take European Parliament's positions into account, it shall provide due justification.

 

4.   The Commission and the EEAS, in particular through the steering group pursuant to Article 38, shall be responsible for keeping the European Parliament informed about the state of this Regulation’s application, in particular about ongoing measures, actions and results.

Amendment    313

Proposal for a regulation

Article 35

Text proposed by the Commission

Amendment

Article 35

deleted

Committee

 

1.  The Commission shall be assisted by the Neighbourhood, Development and International Cooperation committee. This committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

 

2.  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

 

3.  Where the opinion of the committee is to be obtained by a written procedure, the procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a simple majority of committee members so requests.

 

4.  Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.

 

5.  The adopted decision shall remain in force for the duration of the adopted or modified document, action programme or measure.

 

6.  An observer from the European Investment Bank shall take part in the Committee's proceedings with regard to questions concerning the European Investment Bank.

 

Amendment    314

Proposal for a regulation

Article 36 – title

Text proposed by the Commission

Amendment

Information, communication and publicity

Transparency, communication and public disclosure of information

Amendment    315

Proposal for a regulation

Article 36 – paragraph 1

Text proposed by the Commission

Amendment

1.  The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding in particular when promoting the actions and their results by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public.

1.  The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding in particular when promoting the actions and their results by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public. The Commission shall be responsible for monitoring recipients’ compliance with those requirements.

Amendment    316

Proposal for a regulation

Article 36 – paragraph 2

Text proposed by the Commission

Amendment

2.  The Commission shall implement information and communication actions relating to this Regulation, and its actions and results. Financial resources allocated to this Regulation shall also contribute to the corporate communication of the political priorities of the Union, as far as those priorities are directly related to the objectives referred to in Article 3.

2.  The Commission shall apply information and communication actions relating to this Regulation, and its actions and results. Financial resources allocated to this Regulation shall also contribute to the corporate communication of the political priorities of the Union, as far as those priorities are directly related to the objectives referred to in Article 3.

Amendment    317

Proposal for a regulation

Article 36 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2 a.  The Commission shall take measures to strengthen strategic communication and public diplomacy for communicating the values of the Union and the Union’s added value.

Amendment    318

Proposal for a regulation

Article 36 – paragraph 2 b (new)

Text proposed by the Commission

Amendment

 

2 b.  The Commission shall establish a single comprehensive public central electronic repository of all actions financed under this Regulation, including the criteria used to establish partners’ needs in the resource allocation process, and ensure its regular update, with the exception of those actions deemed to give rise to security issues or local political sensitivities pursuant to Article 37.

Amendment    319

Proposal for a regulation

Article 36 – paragraph 2 c (new)

Text proposed by the Commission

Amendment

 

2 c.  The repository shall also include information on all financing and investment operations, including at individual and project level and the essential elements of all EFSD + guarantee agreements, including information on the legal identity of eligible counterparts, expected development benefits and complaints procedures, taking into account the protection of confidential and commercially sensitive information.

Amendment    320

Proposal for a regulation

Article 36 – paragraph 2 d (new)

Text proposed by the Commission

Amendment

 

2 d.  In accordance with their transparency policies and Union rules on data protection and on access to documents and information, eligible EFSD + counterparts shall proactively and systematically make publicly available on their websites information relating to all financing and investment operations covered by the External Action Guarantee, relating in particular to the manner in which those operations contribute to the achievement of the objectives and requirements of this Regulation. Such information shall be broken down at project level. Such information shall always take into account the protection of confidential and commercially sensitive information. Eligible counterparts shall also publicise Union support in all information which they publish on financing and investment operations covered by the External Action Guarantee in accordance with this Regulation.

Amendment    321

Proposal for a regulation

Article 38

Text proposed by the Commission

Amendment

Article 38

deleted

EEAS clause

 

This Regulation shall apply in accordance with Decision 2010/427/EU.

 

Amendment    322

Proposal for a regulation

Article 38 a (new)

Text proposed by the Commission

Amendment

 

Article 38a

 

Governance

 

A horizontal steering group composed of all relevant Commission and EEAS services and chaired by the VP/HR or a representative of that office shall be responsible for the steering, coordination and management of this instrument throughout the management cycle in order to ensure consistency, efficiency, transparency and accountability of all Union external financing. The VP/HR shall ensure overall political coordination of the Union’s external action. For all actions, including rapid response actions and exceptional assistance measures, and throughout the whole cycle of programming, planning and application of the instrument, the High Representative and the EEAS shall work with the relevant members and services of the Commission, identified on the basis of the nature and objectives of the action foreseen, building upon their expertise. All proposals for decisions shall be prepared by following the Commission’s procedures and shall be submitted to the Commission for adoption.

 

The European Parliament shall be fully involved in the design, programming, monitoring and evaluation phases of the instruments in order to guarantee political control and democratic scrutiny and accountability of Union funding in the field of external action.

Amendment    323

Proposal for a regulation

Article 40 – paragraph 2

Text proposed by the Commission

Amendment

It shall apply from 1 January 2021.

It shall apply from 1 January 2021 until 31 December 2027.

Amendment    324

Proposal for a regulation

Annex I – paragraph 17

Text proposed by the Commission

Amendment

Union support under this area may also be used for the purpose of enabling the Russian Federation to participate in cross-border cooperation programmes and in other relevant multi-country programmes.

Union support under this area may also be used for the purpose of enabling the Russian Federation to participate in cross-border cooperation programmes and in other relevant multi-country programmes, including cooperation on education, in particular student exchanges.

Amendment    325

Proposal for a regulation

Annex II – part A – point 1 – point a

Text proposed by the Commission

Amendment

(a)  Strengthening democracy and democratic processes, governance and oversight, including transparent and credible electoral processes;

(a)  Strengthening democracy and inclusive democratic processes, governance and oversight, including an independent judiciary, the rule of law and transparent, peaceful and credible electoral processes;

Amendment    326

Proposal for a regulation

Annex II – part A – point 1 – point b

Text proposed by the Commission

Amendment

(b)  Strengthening the protection of human rights and fundamental freedoms;

(b)  Strengthening the promotion and the protection of human rights as proclaimed in the Universal Declaration of Human Rights and the fulfilment of related international instruments, supporting and protecting human rights defenders, contributing to the implementation of global and regional pacts and frameworks, increasing the capacities of civil society in their implementation and monitoring, and laying the foundations for the creation of a legal framework for the protection of persons displaced due to climate change;

Amendment    327

Proposal for a regulation

Annex II – part A – point 1 – point c

Text proposed by the Commission

Amendment

(c)  Promoting the fight against discrimination in all its forms, and the principle of equality, in particular gender equality and the rights of persons belonging to minorities;

(c)  Promoting the fight against discrimination in all its forms, and the principle of equality, in particular gender equality, women's and girls’ rights and empowerment, and the rights of children and young people, people with disabilities, persons belonging to minorities, LGBTI persons and indigenous populations;

Amendment    328

Proposal for a regulation

Annex II – part A – point 1 – point d

Text proposed by the Commission

Amendment

(d)  Supporting a thriving civil society and its role in reform processes and democratic transformations, and promoting an enabling space for civil society and citizens' engagement in political decision-making;

(d)  Supporting a thriving civil society, strengthening its role in political transitions, reform processes and democratic transformations, and promoting an enabling space for civil society and citizens' engagement in political life and in scrutiny of decision-making;

Amendment    329

Proposal for a regulation

Annex II – part A – point 1 – point f

Text proposed by the Commission

Amendment

(f)  Building resilience of states, societies, communities and individuals to political, economic, environmental, food, demographic and societal pressures and shocks;

(f)  Building resilience of states, societies, communities and individuals to prepare them to resist, adapt and recover quickly from environmental and economic shocks, natural and man-made disasters and, conflicts, health crises and food security;

Amendment    330

Proposal for a regulation

Annex II – part A – point 1 – point g

Text proposed by the Commission

Amendment

(g)  Strengthening the development of democratic public institutions at national and sub-national levels, including an independent, effective, efficient and accountable judicial system, the promotion of rule of law, and access to justice for all;

(g)  Strengthening the development of democratic public institutions at international, national and sub-national levels, including an independent, effective, efficient and accountable judicial system, the promotion of rule of law, international justice, accountability and access to justice for all;

Amendment    331

Proposal for a regulation

Annex II – part A – point 1 – point h

Text proposed by the Commission

Amendment

(h)  Supporting public administration reform processes, including through using citizen centred eGovernment approaches, strengthening legal frameworks and institutional set up, national statistical systems, capacities, sound public finance management, and contributing to the fight against corruption;

(h)  Supporting public administration reform processes, including through using citizen centred eGovernment approaches, strengthening legal frameworks and institutional set up, national statistical systems, capacities, sound public finance management, and contributing to the fight against corruption, tax avoidance, tax evasion and aggressive tax planning;

Amendment    332

Proposal for a regulation

Annex II – part A – point 1 – point j

Text proposed by the Commission

Amendment

(j)  Increasing transparency and accountability of public institutions, strengthening public procurement and public finance management, developing eGovernment and strengthening service delivery;

(j)  Increasing transparency and accountability of public institutions, strengthening public procurement including encouraging the development of sustainability criteria (environmental, social and economic) and targets and public finance management, developing eGovernment and strengthening service delivery;

Amendment    333

Proposal for a regulation

Annex II – part A – point 1 – point k a (new)

Text proposed by the Commission

Amendment

 

(k a)  promoting parliamentary democracy

Amendment    334

Proposal for a regulation

Annex II – part A – point 2 – point a

Text proposed by the Commission

Amendment

(a)  Eradicating poverty in all its dimensions, tackling discrimination and inequalities and leaving no-one behind;

(a)  Eradicating poverty in all its dimensions, tackling discrimination and inequalities, leaving no-one behind; and reaching the furthest behind first, by prioritising investments in public services on health, nutrition, education and social protection;

Amendment    335

Proposal for a regulation

Annex II – part A – point 2 – point b

Text proposed by the Commission

Amendment

(b)  Enhancing efforts for the adoption of policies and appropriate investment to promote women and young people’s rights, to facilitate their engagement in social, civic and economic life, and to ensure their full contribution to inclusive growth and sustainable development;

(b)  Enhancing efforts for the adoption of policies and appropriate investment to promote, protect and fulfil women, young people and children’s and persons with disabilities’ rights, to facilitate their engagement and meaningful participation in social, civic and economic life, and to ensure their full contribution to inclusive growth and sustainable development;

Amendment    336

Proposal for a regulation

Annex II – part A – point 2 – point c

Text proposed by the Commission

Amendment

(c)  Promoting the protection and fulfilment of women's and girls' rights, including economic, labour and social rights, and sexual and reproductive health and rights, and preventing sexual and gender-based violence in all forms;

(c)  Promoting the protection and fulfilment of women's and girls' rights and empowerment, including economic, labour and social rights, land rights and sexual and reproductive health and rights, and preventing and protecting them from sexual and gender-based violence in all forms; this includes promoting access for all to comprehensive sexual and reproductive health information and comprehensive sexuality education; promoting cooperation in research and innovation for new and improved tools for sexual and reproductive healthcare including family planning, particularly in low resource settings;

Amendment    337

Proposal for a regulation

Annex II – part A – point 2 – point d

Text proposed by the Commission

Amendment

(d)  Giving special attention to those who are disadvantaged, vulnerable and marginalised, inter alia children, older persons, persons with disabilities, LGBTI persons and indigenous peoples. This includes promoting the transition from institutional to community-based care for children;

(d)  Giving special attention to those who are disadvantaged, vulnerable and marginalised, inter alia children, older persons, persons with disabilities, LGBTI persons and indigenous peoples. This includes promoting the transition from institutional to community-based care for children with and without disabilities;

Amendment    338

Proposal for a regulation

Annex II – part A – point 2 – point e

Text proposed by the Commission

Amendment

(e)  Promoting an integrated approach to supporting communities, particularly the poorest, in improving access to basic needs and services;

(e)  Promoting an integrated approach to supporting communities, particularly the poorest and hardest to reach, by improving universal access to basic needs and services, in particular health, including sexual and reproductive health services, information and supplies, education, nutrition and social protection;

Amendment    339

Proposal for a regulation

Annex II – part A – point 2 – point f

Text proposed by the Commission

Amendment

(f)  Supporting the provision of a safe, nurturing environment for children as an important element for fostering a healthy young population able to reach its full potential;

(f)  Giving children, particularly the most marginalised, the best start in life by investing in early childhood development and ensuring that children experiencing poverty or inequality have access to basic services such as health, nutrition, education and social protection; supporting the provision of a safe, nurturing environment for children as an important element for fostering a healthy young population able to reach its full potential, and paying special attention to the needs of girls;

Amendment    340

Proposal for a regulation

Annex II – part A – point 2 – point g

Text proposed by the Commission

Amendment

(g)  Supporting universal access to sufficient, affordable, safe and nutritious food, particularly for those in the most vulnerable situations, and strengthening food security and nutrition, particularly in countries facing protracted or recurrent crises

(g)  Supporting universal access to sufficient, affordable, safe and nutritious food, particularly for those in the most vulnerable situations, inter alia children under the age of five, adolescents, both girls and boys, and women, especially during pregnancy and breastfeeding, and strengthening food security and nutrition, particularly in countries facing protracted or recurrent crises; fostering multi-sectoral nutrition-sensitive approaches to agriculture

Amendment    341

Proposal for a regulation

Annex II – part A – point 2 – point h

Text proposed by the Commission

Amendment

(h)  Supporting universal access to safe and sufficient drinking water sanitation, and hygiene, and sustainable and integrated water management;

(h)  Supporting universal access to safe and sufficient drinking water sanitation hygiene, and sustainable and integrated water management as key determinants of health, education, nutrition, climate change resilience and gender equality

Amendment    342

Proposal for a regulation

Annex II – part A – point 2 – point i

Text proposed by the Commission

Amendment

(i)  Achieving universal health coverage, with equitable access to quality and affordable health services, including through supporting the building of strong, quality and resilient health systems, and enhancing capacity for early warning, risk reduction, management and recovery;

(i)  Achieving universal health coverage, with equitable access to quality and affordable health services, including sexual and reproductive health services, and through supporting the building of inclusive strong, quality and resilient health systems that are accessible to all, and enhancing capacity for early warning, risk reduction, management and recovery; complementing action through the Union’s framework programme for research and innovation to tackle global health threats, develop safe, efficient and affordable vaccines and treatments against poverty-related and neglected diseases, and to improve responses to health challenges including communicable diseases, antimicrobial resistance and emerging diseases and epidemics;

Amendment    343

Proposal for a regulation

Annex II – part A – point 2 – point j a (new)

Text proposed by the Commission

Amendment

 

(j a)  Strengthening resilience of people and communities, including through increased investment in community-led disaster risk reduction (DRR) and preparedness projects;

Amendment    344

Proposal for a regulation

Annex II – part A – point 2 – point j b (new)

Text proposed by the Commission

Amendment

 

(j b)  Supporting national, regional and local governments and administrations to create the required infrastructure, inter alia physical, technological and human resources, and using the latest technological and administrative developments to enable all civil registrations (from birth through to death) to be accurately registered, and officially recognised duplicated documents to be published when necessary in order to ensure that all citizens officially exist and are able to access their fundamental rights;

Amendment    345

Proposal for a regulation

Annex II – part A – point 2 – point k

Text proposed by the Commission

Amendment

(k)  Promoting inclusive sustainable urban development to address urban inequality, focusing on those most in need.

(k)  Promoting inclusive sustainable urban development to address urban inequality, focusing on those most in need and adopting a gender-sensitive approach;

Amendment    346

Proposal for a regulation

Annex II – part A – point 2 – point l

Text proposed by the Commission

Amendment

(l)  Supporting local authorities to improve at city level the delivery of basic services and equitable access to food security, accessible, decent and affordable housing and the quality of life, in particular for those living in informal settlements and slums.

deleted

Amendment    347

Proposal for a regulation

Annex II – part A – point 2 – point m

Text proposed by the Commission

Amendment

(m)  Promoting inclusive and equitable quality formal, informal and non-formal education for all, at all levels and including technical and vocational training, including in emergency and crisis situations, and including through the use of digital technologies to improve education teaching and learning;

(m)  Promoting the achievement of internationally agreed goals in education with particular focus on free public education systems, through inclusive and equitable quality formal, informal and non-formal education, and promoting life-long learning opportunities for all, at all levels and including early childhood development technical and vocational training, including in emergency and crisis situations, and including through the use of digital technologies to improve education teaching and learning;

Amendment    348

Proposal for a regulation

Annex II – part A – point 2 – point m a (new)

Text proposed by the Commission

Amendment

 

(m a)  Supporting education corridors to ensure that students from countries at war can study at Union universities;

Amendment    349

Proposal for a regulation

Annex II – part A – point 2 – point n

Text proposed by the Commission

Amendment

(n)  Supporting actions of capacity building, learning mobility to, from or between partner countries, as well as of cooperation and policy dialogue with institutions, organisations, local implementing bodies and authorities, from those countries;

(n)  Supporting actions of learning mobility, capacity building and cultural cooperation to, from or between partner countries, as well as of cooperation and policy dialogue with institutions, organisations, local implementing bodies and authorities, from those countries;

Amendment    350

Proposal for a regulation

Annex II – part A – point 2 – point n a (new)

Text proposed by the Commission

Amendment

 

(n a)  Promoting capacity building and cooperation in the areas of science, technology and research, in particular addressing poverty-related, societal challenges disproportionately affecting partner countries and neglected areas of research and innovation with limited private sector investments, and open data and fostering social innovation;

Amendment    351

Proposal for a regulation

Annex II – part A – point 2 – point o

Text proposed by the Commission

Amendment

(o)  Promoting cooperation in the areas of science, technology and research, and open data and innovation;

(o)  Promoting capacity building and cooperation in the areas of science, technology and research, open data, big data, artificial intelligence, and innovation, in coordination with the Union’s framework programme for research and innovation, to combat the phenomenon of the brain drain;

Amendment    352

Proposal for a regulation

Annex II – part A – point 2 – point q

Text proposed by the Commission

Amendment

(q)  Promoting intercultural dialogue and cultural diversity in all its forms, and preserve and promote cultural heritage, and unlocking the potential of creative industries for sustainable, social and economic development;

(q)  Promoting intercultural dialogue and cultural diversity in all its forms, and preserve and promote cultural heritage, and unlocking the potential of cultural and creative sectors for sustainable, social and economic development;

Amendment    353

Proposal for a regulation

Annex II – part A – point 2 – point q a (new)

Text proposed by the Commission

Amendment

 

(q a)  Supporting actions, and promoting cooperation, in the area of sport to contribute to the empowerment of women, young people, individuals and communities as well as to the health, education and social inclusion objectives of the 2030 Agenda;

Amendment    354

Proposal for a regulation

Annex II – part A – point 3 – introductory part

Text proposed by the Commission

Amendment

3.  Migration and mobility

3.  Migration, mobility and forced displacement

Amendment    355

Proposal for a regulation

Annex II – part A – point 3 – point -a (new)

Text proposed by the Commission

Amendment

 

(-a)  Supporting effective and human rights-based migration policies, at all levels, including protection programmes, to facilitate safe, orderly and regular migration;

Amendment    356

Proposal for a regulation

Annex II – part A – point 3 – point a

Text proposed by the Commission

Amendment

(a)  Strengthening partnerships on migration and mobility based on an integrated and balanced approach, covering all aspects of migration including assistance in implementing Union bilateral or regional agreements and arrangements, including, mobility partnerships;

(a)  Contributing to strengthening bilateral, regional, including South-South, and international partnerships on migration and mobility based on an integrated and balanced approach, covering all aspects of migration, and in compliance with international and Union law and human rights obligations;

Amendment    357

Proposal for a regulation

Annex II – part A – point 3 – point a a (new)

Text proposed by the Commission

Amendment

 

(a a)  Providing assistance in implementing Union bilateral or regional agreements and arrangements with third countries, including mobility partnerships, and the creation of safe and legal pathways, including by developing visa facilitation and resettlement agreements and on the basis of mutual accountability and full respect of humanitarian and human rights obligations;

Amendment    358

Proposal for a regulation

Annex II – part A – point 3 – point b

Text proposed by the Commission

Amendment

(b)  Supporting sustainable reintegration of returning migrants;

(b)  Supporting sustainable and successful socio-economic reintegration of returning migrants;

Amendment    359

Proposal for a regulation

Annex II – part A – point 3 – point d

Text proposed by the Commission

Amendment

(d)  Tackling irregular migration, trafficking in human beings, smuggling of migrants, stepping up cooperation on integrated border management;

(d)  Reducing the vulnerabilities in migration, including through addressing irregular migration, and strengthening the transnational response to trafficking in human beings and smuggling of migrants in accordance with international and Union law;

Amendment    360

Proposal for a regulation

Annex II – part A – point 3 – point e

Text proposed by the Commission

Amendment

(e)  Strengthening scientific, technical, human and institutional capacity for the management of migration;

(e)  Strengthening scientific, technical, human and institutional capacity for the management of migration, including the collection and use of accurate and disaggregated data as a basis for evidence-based policies in order to facilitate safe, orderly and responsible migration.

Amendment    361

Proposal for a regulation

Annex II – part A – point 3 – point f

Text proposed by the Commission

Amendment

(f)  Supporting effective and human rights based migration policies including protection programmes;

deleted

Amendment    362

Proposal for a regulation

Annex II – part A – point 3 – point g

Text proposed by the Commission

Amendment

(g)  Promoting conditions for facilitating legal migration and well-managed mobility, people-to-people contacts, maximising the development impact of migration;

(g)  Promoting conditions for facilitating legal migration and well-managed mobility, and people-to-people contacts, including by providing accurate and timely information at all stages of migration;

Amendment    363

Proposal for a regulation

Annex II – part A – point 3 – point g a (new)

Text proposed by the Commission

Amendment

 

(g a)  Maximising the development impact of migration and improving a common understanding of the migration-development nexus;

Amendment    364

Proposal for a regulation

Annex II – part A – point 3 – point h

Text proposed by the Commission

Amendment

(h)  Ensuring protection of migrants and forcibly displaced persons;

(h)  Ensuring protection of migrants and forcibly displaced persons, paying special attention to vulnerable groups and applying a rights-based approach and ensuring the recognition and status determination of persons in need of international protection among mixed migratory flows;

Amendment    365

Proposal for a regulation

Annex II – part A – point 3 – point i

Text proposed by the Commission

Amendment

(i)  Supporting development-based solutions for forcibly displaced persons and their host communities;

(i)  Supporting development-based solutions for forcibly displaced persons and their host communities, including through access to education and decent jobs, to promote the dignity, resilience and self-reliance of displaced persons, and their inclusion in the economic and social life of host countries;

Amendment    366

Proposal for a regulation

Annex II – part A – point 3 – point j

Text proposed by the Commission

Amendment

(j)  Supporting diaspora engagement in countries of origin;

(j)  Supporting diaspora engagement in countries of origin, to contribute fully to sustainable development;

Amendment    367

Proposal for a regulation

Annex II – part A – point 3 – point k a (new)

Text proposed by the Commission

Amendment

 

(k a)  Contributing to empowering migrants and societies to realise their full inclusion and social cohesion.

Amendment    368

Proposal for a regulation

Annex II – part A – point 3 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

Cooperation in this area will be managed in coherence with the [Asylum and Migration Fund], in full respect of the principle of policy coherence for development.

Amendment    369

Proposal for a regulation

Annex II – part A – point 4 – point b

Text proposed by the Commission

Amendment

(b)  Contributing to partners’ efforts to pursue their commitments on climate change in line with the Paris Agreement on Climate Change, including the implementation of Nationally Determined Contribution (NDCs) and mitigation and adaptation plans of action including synergies between adaptation and mitigation;

(b)  Supporting adaptation to climate change, with special emphasis on particularly vulnerable States and populations lacking resources for taking necessary measures; contributing to partners’ efforts to pursue their commitments on climate change in line with the Paris Agreement on Climate Change, including the implementation of Nationally Determined Contribution (NDCs) and mitigation and adaptation plans of action including synergies between adaptation and mitigation, as well as their commitments under other multilateral environmental agreements, such as the Convention on Biological Diversity and the United Nations Convention to Combat Desertification;

Amendment    370

Proposal for a regulation

Annex II – part A – point 4 – point d

Text proposed by the Commission

Amendment

(d)  Strengthening sustainable energy cooperation. Promoting and increasing cooperation on energy efficiency and the use of renewable energy sources;

(d)  Promoting access to sustainable energy in developing countries, with a view to honouring the Union’s 2012 pledge to provide such access for an additional 500 million people by 2030, giving priority to small-scale, mini-grid and off-grid solutions of high environmental and development value. Strengthening sustainable energy cooperation. Promoting and increasing cooperation on energy efficiency and the use of renewable energy sources; promoting access to reliable, secure, affordable, clean and sustainable energy services, in particular local and decentralized solutions that ensure energy access for people living in poverty and in remote regions;

Amendment    371

Proposal for a regulation

Annex II – part A – point 4 – point d a (new)

Text proposed by the Commission

Amendment

 

(d a)  Building capacity to mainstream environmental sustainability and climate change objectives, and pursuing green growth into national and local development strategies including supporting sustainability criteria in public procurement;

Amendment    372

Proposal for a regulation

Annex II – part A – point 4 – point d b (new)

Text proposed by the Commission

Amendment

 

(d b)  Promoting corporate social responsibility, due diligence in supply chains, and the consistent application of the “precautionary approach” and the “polluter pays” principle;

Amendment    373

Proposal for a regulation

Annex II – part A – point 4 – point d c (new)

Text proposed by the Commission

Amendment

 

(d c)  Promoting environmentally sustainable agriculture practices, including agroecology, which are proven to contribute to protection of ecosystems and biodiversity and enhance environmental and social resilience to climate change in the long term;

Amendment    374

Proposal for a regulation

Annex II – part A – point 4 – point f

Text proposed by the Commission

Amendment

(f)  Strengthening the involvement of local communities in climate change responses, conservation of ecosystems and the governance of natural resources. Promoting sustainable urban development and resilience in urban areas;

(f)  Strengthening the involvement of local communities and indigenous peoples in climate change responses, the fight against biodiversity loss and wildlife crime, conservation of ecosystems and the governance of natural resources, including through the improvement of land tenure and water resources management. Promoting sustainable urban development and resilience in urban areas;

Amendment    375

Proposal for a regulation

Annex II – part A – point 4 – point f a (new)

Text proposed by the Commission

Amendment

 

(f a)  Putting an end to the trade in conflict minerals as well as the abuse of miners, and supporting the development of local communities in accordance with Regulation (EU) 2017/821 on supply chain due diligence obligations and accompanying measures, as well as elaborating such approach to minerals currently not yet covered;

Amendment    376

Proposal for a regulation

Annex II – part A – point 4 – point f b (new)

Text proposed by the Commission

Amendment

 

(f b)  Promoting Education for Sustainable Development (ESD) to empower people to transform society and build a sustainable future;

Amendment    377

Proposal for a regulation

Annex II – part A – point 4 – point g

Text proposed by the Commission

Amendment

(g)  Promoting the conservation, sustainable management and use, and restoration of natural resources, healthy ecosystems and halting biodiversity loss, and protecting wildlife;

(g)  Promoting the conservation, sustainable management and use, and restoration of natural resources, healthy ecosystems and halting biodiversity loss, and protecting wildlife, including combatting poaching, and wildlife trafficking ;

Amendment    378

Proposal for a regulation

Annex II – part A – point 4 – point g a (new)

Text proposed by the Commission

Amendment

 

(g a)  Addressing biodiversity loss, implementing international and Union initiatives to address it, in particular through the promotion of the conservation, sustainable use and management of terrestrial and marine ecosystems and associated biodiversity;

Amendment    379

Proposal for a regulation

Annex II – part A – point 4 – point h

Text proposed by the Commission

Amendment

(h)  Promoting integrated and sustainable management of water resources and transboundary water cooperation;

(h)  Promoting integrated and sustainable management of water resources and transboundary water cooperation in accordance with international law;

Amendment    380

Proposal for a regulation

Annex II – part A – point 4 – point i

Text proposed by the Commission

Amendment

(i)  Promoting conservation and enhancement of carbon stocks through sustainable management of land use, land-use change, and forestry and combatting environmental degradation, desertification and land degradation;

(i)  Promoting conservation and enhancement of carbon stocks through sustainable management of land use, land-use change, and forestry and combatting environmental degradation, desertification and land and forest degradation, and drought;

Amendment    381

Proposal for a regulation

Annex II – part A – point 4 – point j

Text proposed by the Commission

Amendment

(j)  Limiting deforestation and promoting forest law enforcement, governance and trade (FLEGT), and combating illegal logging, trade of illegal timber and wood products;

(j)  Limiting deforestation and promoting forest law enforcement, governance and trade (FLEGT), and combating illegal logging, trade of illegal timber and wood products. Supporting better governance and capacity building for the sustainable management of natural resources; supporting the negotiation and the implementation of Voluntary Partnership Agreements;

Amendment    382

Proposal for a regulation

Annex II – part A – point 4 – point k

Text proposed by the Commission

Amendment

(k)  Supporting ocean governance, including the protection and restoration preservation of coastal and marine areas in all its forms, including ecosystems, the fight against marine litter, the fight against illegal, unreported and unregulated (IUU) fishing and the protection of maritime biodiversity;

(k)  Supporting ocean governance, including the protection and restoration preservation of coastal and marine areas in all its forms, including ecosystems, the fight against marine litter, the fight against illegal, unreported and unregulated (IUU) fishing and the protection of maritime biodiversity in accordance with the United Nations Convention on the Law of the Sea (UNCLOS);

Amendment    383

Proposal for a regulation

Annex II – part A – point 4 – point l

Text proposed by the Commission

Amendment

(l)  Strengthening regional disaster risk reduction (DRR) and resilience, in synergy with climate change adaption policies and actions;

(l)  Strengthening regional disaster risk reduction (DRR), preparedness and resilience by means of a community-based and people-centred approach, in synergy with climate change adaption policies and actions;

Amendment    384

Proposal for a regulation

Annex II – part A – point 4 – point m

Text proposed by the Commission

Amendment

(m)  Promoting resource efficiency and sustainable consumption and production, including tackling pollution and a sound management of chemicals and waste;

(m)  Promoting resource efficiency and sustainable consumption and production (including throughout the entire supply chain), including by curbing the use of natural resources financing conflicts, and by supporting compliance by stakeholders with initiatives such as the Kimberley process Certification Scheme; tackling pollution and a sound management of chemicals and waste;

Amendment    385

Proposal for a regulation

Annex II – part A – point 4 – point n

Text proposed by the Commission

Amendment

(n)  Supporting efforts to improve sustainable economic diversification, competitiveness and trade, private sector development with a particular focus on low-carbon climate-resilient green growth, microenterprises and SMEs and cooperatives, taking advantage of existing trade agreements with the EU.

(n)  Supporting efforts to improve sustainable economic diversification, competitiveness, value-sharing supply chains and fair trade, private sector development with a particular focus on low-carbon climate-resilient green growth, microenterprises, social enterprises and SMEs and cooperatives, taking advantage of the development benefits of existing trade agreements with the EU;

Amendment    386

Proposal for a regulation

Annex II – part A – point 4 – point n a (new)

Text proposed by the Commission

Amendment

 

(n a)  Achieving the international commitments regarding biodiversity conservation in treaties such as the Convention on Biological Diversity (CBD), the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), the Convention on the Conservation of Migratory Species of Wild Animals (CMS) and other biodiversity-related treaties;

Amendment    387

Proposal for a regulation

Annex II – part A – point 4 – point n b (new)

Text proposed by the Commission

Amendment

 

(n b)  Increasing the integration and mainstreaming of climate change and environmental objectives in Union development cooperation through support for methodological and research work on, in and by developing countries, including monitoring, reporting and verification mechanisms, ecosystem mapping, assessment and valuation, enhancing environmental expertise and promoting innovative actions and policy coherence;

Amendment    388

Proposal for a regulation

Annex II – part A – point 4 – point n c (new)

Text proposed by the Commission

Amendment

 

(n c)  Addressing global and trans-regional effects of climate change having a potentially destabilising impact on development, peace and security.

Amendment    389

Proposal for a regulation

Annex II – part A – point 5 – point a

Text proposed by the Commission

Amendment

(a)  Supporting entrepreneurship, decent employment and employability through the development of skills and competences, including education, the improvement of labour standards and working conditions, and the creation of opportunities particularly for the youth;

(a)  Supporting entrepreneurship, including through microfinance, decent employment and employability through the development of skills and competences, including education, the improvement of the full application of ILO labour standards and including social dialogue and the fight against child labour, working conditions in a healthy environment, living wages and the creation of opportunities particularly for the youth;

Amendment    390

Proposal for a regulation

Annex II – part A – point 5 – point b

Text proposed by the Commission

Amendment

(b)  Supporting national development paths that maximise positive social outcomes and impacts and promoting progressive taxation and redistributive public policies;

(b)  Supporting national development paths that maximise positive social outcomes and impacts, promoting effective and sustainable taxation and redistributive public policies, and the setting-up and strengthening of sustainable social protection systems and social insurance schemes; supporting efforts at national and international levels to combat tax evasion and tax havens ;

Amendment    391

Proposal for a regulation

Annex II – part A – point 5 – point c

Text proposed by the Commission

Amendment

(c)  Improving the business and investment climate, creating an enabling regulatory environment for economic development and supporting companies, in particular MSMEs, in expanding their business and creating jobs;

(c)  Improving the responsible business and investment climate, creating an enabling regulatory environment for economic development and supporting companies, in particular MSMEs, cooperatives and social enterprises in expanding their business and creating jobs, supporting the development of a solidarity economy and boosting private sector accountability;

Amendment    392

Proposal for a regulation

Annex II – part A – point 5 – point c a (new)

Text proposed by the Commission

Amendment

 

(c a)  Promoting corporate accountability and redress mechanisms for violations of human rights related to private sector activities; supporting efforts at local, regional and global level to ensure corporate compliance with human rights standards and regulatory developments, including on mandatory due diligence and an international binding instrument on business and human rights at a global level;

Amendment    393

Proposal for a regulation

Annex II – part A – point 5 – point d

Text proposed by the Commission

Amendment

(d)  Strengthening social and environmental sustainability, corporate social responsibility and responsible business conduct throughout the entire value chains;

(d)  Strengthening social and environmental sustainability, corporate social responsibility and responsible business conduct throughout the entire value chains, ensuring value sharing, fair prices and fair trading conditions;

Amendment    394

Proposal for a regulation

Annex II – part A – point 5 – point e

Text proposed by the Commission

Amendment

(e)  Increasing effectiveness of public spending and promoting more strategic use of public finance, including through blending instruments to crowd in additional public and private investment;

(e)  Increasing effectiveness and sustainability of public spending, including through promoting sustainable public procurement; and promoting more strategic use of public finance, including through blending instruments to crowd in additional public and private investment;

Amendment    395

Proposal for a regulation

Annex II – part A – point 5 – point g

Text proposed by the Commission

Amendment

(g)  Promoting internal economic, social and territorial cohesion, forging stronger links between urban and rural areas and facilitating the development of the tourism sector as a leverage for sustainable development;

(g)  Promoting internal economic, social and territorial cohesion, forging stronger links between urban and rural areas and facilitating the development of both creative industries and the cultural tourism sector as a leverage for sustainable development;

Amendment    396

Proposal for a regulation

Annex II – part A – point 5 – point h

Text proposed by the Commission

Amendment

(h)  Boosting and diversifying agricultural and food value chains, promoting economic diversification, value addition, regional integration competiveness and trade, and strengthening sustainable, low-carbon and climate-change-resilient innovations;

(h)  Boosting and diversifying sustainable and inclusive agricultural and food value chains, promoting food security and economic diversification, value addition, regional integration, competiveness and fair trade, and strengthening sustainable, low-carbon and climate-change-resilient, innovations;

Amendment    397

Proposal for a regulation

Annex II – part A – point 5 – point h a (new)

Text proposed by the Commission

Amendment

 

(h a)  Focusing on ecologically efficient agricultural intensification for smallholder farmers, and in particular women, by providing support for effective and sustainable national policies, strategies and legal frameworks, and for equitable and sustainable access to resources, including land, water, (micro) credit and other agricultural inputs;

Amendment    398

Proposal for a regulation

Annex II – part A – point 5 – point h b (new)

Text proposed by the Commission

Amendment

 

(h b)  Actively support greater participation of civil society and farmer organisations in policy making and research programmes and increase their involvement in the implementation and evaluation of government programmes;

Amendment    399

Proposal for a regulation

Annex II – part A – point 5 – point j

Text proposed by the Commission

Amendment

(j)  Fostering universal access to sustainable energy, promoting a low-carbon, climate resilient resource efficient and circular economy in line with the Paris Agreement on Climate Change;

(j)  Fostering universal access to safe, affordable and sustainable energy, promoting a low-carbon, climate resilient resource efficient and circular economy in line with the Paris Agreement on Climate Change;

Amendment    400

Proposal for a regulation

Annex II – part A – point 5 – point l

Text proposed by the Commission

Amendment

(l)  Promoting affordable, inclusive and reliable digital connectivity and strengthening the digital economy;

(l)  Promoting affordable, inclusive, reliable and secure digital connectivity and strengthening the digital economy; promoting digital literacy and skills; fostering digital entrepreneurship and job creation; promoting the use of digital technologies as an enabler for sustainable development; addressing cybersecurity, data privacy and other regulatory issues linked to digitalisation;

Amendment    401

Proposal for a regulation

Annex II – part A – point 5 – point m

Text proposed by the Commission

Amendment

(m)  Developing and strengthening markets and sectors in a way that would bolster inclusive and sustainable growth;

(m)  Developing and strengthening markets and sectors in a way that would bolster inclusive and sustainable growth, and fair trade;

Amendment    402

Proposal for a regulation

Annex II – part A – point 5 – point n

Text proposed by the Commission

Amendment

(n)  Supporting the regional integration agenda and optimal trade policies, and supporting the consolidation and implementation of trade agreements between the EU and its partners;

(n)  Supporting the regional integration agenda and optimal trade policies in support of inclusive and sustainable development , and supporting the consolidation and implementation of fair trade agreements between the Union and its partners, including holistic and asymmetrical agreements with developing country partners; promoting and strengthening multilateralism, sustainable economic cooperation, as well as the rules of the World Trade Organisation;

Amendment    403

Proposal for a regulation

Annex II – part A – point 5 – point o

Text proposed by the Commission

Amendment

(o)  Promoting cooperation in the areas of science, technology and research, and open data and innovation;

(o)  Promoting cooperation in the areas of science, technology and research, digitalisation, open data, big data and artificial intelligence and innovation, including the development of science diplomacy;

Amendment    404

Proposal for a regulation

Annex II – part A – point 5 – point p

Text proposed by the Commission

Amendment

(p)  Promoting intercultural dialogue and cultural diversity in all its forms, and preserve and promote cultural heritage;

(p)  Promoting intercultural dialogue and cultural diversity in all its forms, developing local crafts as well as contemporary arts and cultural expressions, and preserve and promote cultural heritage;

Amendment    405

Proposal for a regulation

Annex II – part A – point 5 – point r

Text proposed by the Commission

Amendment

(r)  Improving access to decent work and creating more inclusive and well-functioning labour markets and employment policies directed towards decent work for all, especially the youth;

(r)  Improving access to decent work for all within a healthy environment, and creating more inclusive and well-functioning labour markets and employment policies directed towards decent work, respect for human rights and labour rights, including living wages for all, especially women and youth;

Amendment    406

Proposal for a regulation

Annex II – part A – point 5 – point r a (new)

Text proposed by the Commission

Amendment

 

(r a)  Ensuring that access to extractive sectors is fair and sustainable while not contributing to conflicts or corruption;

Amendment    407

Proposal for a regulation

Annex II – part A – point 5 – point s

Text proposed by the Commission

Amendment

(s)  Promoting fair, sustainable and undistorted access to extractive sectors.

(s)  Promoting fair, sustainable and undistorted access to extractive sectors; ensuring increased transparency, due diligence and investor responsibility while promoting private sector accountability; applying measures to accompany the Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas.

Amendment    408

Proposal for a regulation

Annex II – part A – point 6 – introductory part

Text proposed by the Commission

Amendment

6.  Security, stability and peace

6.  Peace, security and stability

Amendment    409

Proposal for a regulation

Annex II – part A – point 6 – point a

Text proposed by the Commission

Amendment

(a)  Contributing to peace and stability through building resilience of states, societies, communities and individuals to political, economic, environmental, demographic and societal pressures and shocks;

(a)  Contributing to peace, the prevention of conflict and therefore to stability through building resilience of states, societies, communities and individuals to political, economic, environmental, demographic and societal pressures and shocks, including by supporting resilience assessments designed to identify the indigenous capacities within societies that allow them to withstand, adapt to and quickly recover from these pressures and shocks;

Amendment    410

Proposal for a regulation

Annex II – part A – point 6 – point a a (new)

Text proposed by the Commission

Amendment

 

(a a)  Promoting a culture of non-violence, including by supporting formal and informal peace education;

Amendment    411

Proposal for a regulation

Annex II – part A – point 6 – point b

Text proposed by the Commission

Amendment

(b)  Supporting conflict prevention, early warning and peacebuilding through mediation, crisis management, and stabilisation;

(b)  Supporting conflict prevention, early warning and peacebuilding through mediation, crisis management, and stabilisation and post-conflict reconstruction, including an enhanced role for women at all of these stages; promoting, facilitating and building capacity in confidence building, mediation, dialogue and reconciliation, good neighbourly relations and other measures contributing to the prevention and settlement of conflicts, with particular regard to emerging inter-community tensions as well as conciliation measures between segments of societies and protracted conflicts and crises;

Amendment    412

Proposal for a regulation

Annex II – part A – point 6 – point b a (new)

Text proposed by the Commission

Amendment

 

(b a)  Supporting rehabilitation and reintegration of victims of armed conflicts as well as disarmament, demobilisation and reintegration of former combatants and their families into civil society, including the specific needs of women;

Amendment    413

Proposal for a regulation

Annex II – part A – point 6 – point b b (new)

Text proposed by the Commission

Amendment

 

(b b)  Enhancing the role of women and youth in peacebuilding and conflict prevention, and their inclusion, meaningful civil and political participation and social recognition; supporting the implementation of UNSCR 1325, in particular in fragile, conflict and post-conflict situations and countries;

Amendment    414

Proposal for a regulation

Annex II – part A – point 6 – point c

Text proposed by the Commission

Amendment

(c)  Supporting security sector reform that gradually provides individuals and the state with more effective and accountable security for sustainable development;

(c)  Supporting conflict sensitive security sector reform that gradually provides individuals and the state with more effective, democratic and accountable security for sustainable development and peace;

Amendment    415

Proposal for a regulation

Annex II – part A – point 6 – point d

Text proposed by the Commission

Amendment

(d)  Supporting capacity-building of military actors in support of development and security for development (CBSD);

(d)  Supporting capacity-building of military actors in support of development and security for development;

Amendment    416

Proposal for a regulation

Annex II – part A – point 6 – point d a (new)

Text proposed by the Commission

Amendment

 

(d a)  supporting regional and international disarmament initiatives and arms export control regimes and mechanisms;

Amendment    417

Proposal for a regulation

Annex II – part A – point 6 – point e

Text proposed by the Commission

Amendment

(e)  Supporting regional and international initiatives contributing to security, stability and peace;

(e)  Supporting local, regional and international initiatives, contributing to security, stability and peace as well as linking those different initiatives;

Amendment    418

Proposal for a regulation

Annex II – part A – point 6 – point f

Text proposed by the Commission

Amendment

(f)  Preventing and countering radicalisation leading to violent extremism and terrorism;

(f)  Preventing and countering radicalisation leading to violent extremism and terrorism by means of context-specific, conflict- and gender- sensitive and people-centred programmes and actions;

Amendment    419

Proposal for a regulation

Annex II – part A – point 6 – point f a (new)

Text proposed by the Commission

Amendment

 

(f a)  Addressing the socio-economic impact on the civilian population of antipersonnel landmines, unexploded ordnance or explosive remnants of war, including the needs of women;

Amendment    420

Proposal for a regulation

Annex II – part A – point 6 – point f b (new)

Text proposed by the Commission

Amendment

 

(f b)  Addressing the social effects or restructuring the armed forces, including the needs of women;

Amendment    421

Proposal for a regulation

Annex II – part A – point 6 – point f c (new)

Text proposed by the Commission

Amendment

 

(f c)  Supporting ad hoc local, national, regional and international tribunals, truth and reconciliation commissions and mechanisms;

Amendment    422

Proposal for a regulation

Annex II – part A – point 6 – point h

Text proposed by the Commission

Amendment

(h)  Promoting transboundary cooperation regarding the sustainable management of shared natural resources;

(h)  Promoting transboundary cooperation regarding the sustainable management of shared natural resources in accordance with international and Union law;

Amendment    423

Proposal for a regulation

Annex II – part A – point 6 – point i

Text proposed by the Commission

Amendment

(i)  Cooperating with third countries in the peaceful use of nuclear energy, notably through capacity building and infrastructure development in third countries in the areas of health, agriculture and food safety; as well as supporting social actions addressing the consequences on the most vulnerable population exposed to any radiological accident and aiming at improving their living conditions; promoting knowledge-management, training and education in nuclear-related fields;

(i)  Cooperating with third countries in the peaceful use of nuclear energy, notably through capacity building and infrastructure development in third countries in the areas of health, agriculture and food safety; as well as supporting social actions addressing the consequences on the most vulnerable population exposed to any radiological accident and aiming at improving their living conditions; promoting knowledge-management, training and education in nuclear-related fields. Such activities shall be developed in conjunction with those under the European Instrument for Nuclear Safety established by Regulation EU .../... [Regulation EINS];

Amendment    424

Proposal for a regulation

Annex II – part A – point 6 – point j

Text proposed by the Commission

Amendment

(j)  Enhancing maritime security to allow for safe, secure, clean and sustainably managed oceans;

(j)  Enhancing maritime security and safety to allow for safe, secure, clean and sustainably managed oceans;

Amendment    425

Proposal for a regulation

Annex II – part A – point 7 – point c a (new)

Text proposed by the Commission

Amendment

 

(c a)  Supporting and increasing cooperation by partner countries and regions with neighbouring Union outermost regions and with overseas countries and territories covered by the Council Decision [...] of [...] on the association of the overseas countries and territories with the European Union;

Amendment    426

Proposal for a regulation

Annex II – part A – point 7 – point d

Text proposed by the Commission

Amendment

(d)  Promoting an enabling environment for civil society organisations, including foundations, enhancing their meaningful and structured participation in domestic policies and their capacity to perform their roles as independent development and governance actors; and strengthening new ways of partnering with civil society organisations, promoting a substantive and structured dialogue with the Union and the effective use of country roadmaps for EU engagement with civil society;

(d)  Promoting an enabling environment for civil society organisations, including foundations, enhancing their participation in domestic policies and their capacity to perform their roles as independent development and governance actors; and strengthening new ways of partnering with civil society organisations, promoting a substantive and structured dialogue with the Union and the effective use and implementation of country roadmaps for the Union’s engagement with civil society;

Amendment    427

Proposal for a regulation

Annex II – part A – point 7 – point f

Text proposed by the Commission

Amendment

(f)  Engaging more effectively with citizens in third countries, including by making full use of economic, cultural and public diplomacy;

(f)  Engaging more effectively with citizens and human rights defenders in third countries, including by making full use of economic, cultural, sport and public diplomacy;

Amendment    428

Proposal for a regulation

Annex II – part B

Text proposed by the Commission

Amendment

B  Specific for the Neighbourhood area

deleted

(a)  Promoting enhanced political cooperation;

 

(b)  Supporting the implementation of association agreements, or other existing and future agreements, and jointly agreed association agendas and partnership priorities or equivalent documents;

 

(c)  Promoting a strengthened partnership with societies between the Union and the partner countries, including through people-to-people contacts;

 

(d)  Enhancing regional cooperation, in particular in the framework of the Eastern Partnership, the Union for the Mediterranean, and European Neighbourhood-wide collaboration as well as cross-border cooperation;

 

(e)  Achieving progressive integration into the Union internal market and enhanced sectoral and cross-sectoral cooperation, including through legislative approximation and regulatory convergence towards Union and other relevant international standards, and improved market access including through deep and comprehensive free trade areas, related institution building and investment.

 

Amendment    429

Proposal for a regulation

Annex III – point 1 – indent 1

Text proposed by the Commission

Amendment

  Contributing to advancing the fundamental values of democracy, the rule of law, the universality and indivisibility of human rights, respect for human dignity, the principles of non-discrimination, equality and solidarity, and respect for the principles of the United Nations Charter and international law.

deleted

Amendment    430

Proposal for a regulation

Annex III – point 1 – indent 2

Text proposed by the Commission

Amendment

  Allowing for cooperation and partnership with civil society on human rights and democracy issues, including in sensitive and pressing situations. A coherent and holistic strategy at all levels shall be developed to achieve the below objectives.

deleted

Amendment    431

Proposal for a regulation

Annex III – point 1 – indent 3

Text proposed by the Commission

Amendment

  Upholding human rights and fundamental freedoms for all, contributing to forging societies in which participation, non-discrimination, tolerance, justice and accountability, solidarity and equality prevail. Respect for and observance of human rights and fundamental freedoms for all shall be monitored, promoted and strengthened in accordance with the principles of universality, indivisibility and interdependence of human rights. The scope of the programme includes civil, political, economic, social and cultural rights. Human rights challenges shall be addressed while invigorating civil society and protecting and empowering human rights defenders, also in relation to shrinking space for their actions.

deleted

Amendment    432

Proposal for a regulation

Annex III – point 1 – indent 4

Text proposed by the Commission

Amendment

  Developing, enhancing and protecting democracy, comprehensively addressing all aspects of democratic governance, including reinforcing democratic pluralism, enhancing citizen participation, and supporting credible, inclusive and transparent electoral processes. Democracy shall be strengthened by upholding the main pillars of democratic systems, including the rule of law, democratic norms and values, independent media, accountable and inclusive institutions including political parties and parliaments, and the fight against corruption. Election observation plays a full part in the wider support for the democratic processes. Within this context, EU election observation shall continue to be a major component of the programme as well as the follow-up to recommendations of EU election observation missions.

deleted

Amendment    433

Proposal for a regulation

Annex III – point 1 – indent 5

Text proposed by the Commission

Amendment

  Promoting effective multilateralism and strategic partnership, contributing to reinforcing capacities of international, regional and national frameworks in promoting and protecting human rights, democracy and the rule of law. Strategic Partnerships shall be boosted, with a particular attention to the Office of the High Commissioner for Human Rights (OHCHR), the International Criminal Court (ICC) and relevant regional and national human rights mechanisms. Furthermore, the programme shall promote education and research on human rights and democracy, including through the Global Campus for Human Rights and Democracy.

deleted

Amendment    434

Proposal for a regulation

Annex III – point 1 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

Under this programme, the Union shall provide assistance to address global, regional, national and local human rights and democratisation issues in partnership with civil society within the following strategic areas of intervention:

 

1 a.  Protecting and promoting human rights and human rights defenders in countries and urgency situations where human rights and fundamental freedoms are most at risk, including by addressing urgent protection needs of human rights defenders in a flexible and comprehensive manner.

 

The focus is on human rights and democracy issues which cannot be addressed by geographic or other thematic programmes due to their sensitive character or emergency nature. In such cases, the priority shall be to promote respect for the relevant international law and to provide tangible support and means of action to local civil society carried out in very difficult circumstances. Special attention shall also be paid to strengthening a specific human rights defenders protection mechanism.

 

1 b.  Upholding human rights and fundamental freedoms for all, contributing to forging societies in which participation, non-discrimination, equality, social justice, international justice and accountability prevail.

 

The Union’s assistance shall have the ability to address the most sensitive political issues such as the death penalty, torture, freedom of expression in restrictive contexts, discrimination against vulnerable groups, as well as the protection and promotion of the rights of the child (e.g. child labour, child trafficking, child prostitution and child soldiers) and shall respond to emerging and complex challenges such as the protection of persons displaced due to climate change, due to its independence of action and its high flexibility in terms of cooperation modalities.

 

1 c.  Consolidating and supporting democracy, addressing all aspects of democratic governance, including reinforcing democratic pluralism, enhancing citizen participation, creating an enabling environment for civil society, and supporting credible, inclusive and transparent electoral processes, in particular by means of EU EOMs.

 

Democracy shall be strengthened by upholding the main pillars of democratic systems, including the rule of law, democratic norms and values, independent media, accountable and inclusive institutions including political parties and parliaments, as well as an accountable security sector, and the fight against corruption. The priority shall be to provide tangible support and means of action to political actors carrying out their activities in very difficult circumstances. Election observation plays a full part in the wider support of the democratic processes. Within that context, EU election observation shall continue to be a major component of the programme as well as the follow-up to recommendations of EU EOMs. Another focus will be through supporting citizen election observation organisations and their regional networks worldwide.

 

The capacity and visibility of citizen election observation organisations in the European Neighbourhood East and South and of the respective regional platform organisations shall be strengthened, in particular by promoting sustainable peer-learning programme for independent, non-partisan, citizen election observation organisations. The Union shall seek to improve the capacities of domestic citizen election observation organisations, provide voter education, media literacy, programmes for the monitoring of the implementation of domestic and international election observation missions’ recommendations, and shall defend credibility and trust in the institutes of election and of election observation.

 

1 d.  Promoting effective multilateralism and strategic partnerships contributing to reinforcing capacities of international, regional and national frameworks and empowering local actors in promoting and protecting human rights, democracy and the rule of law.

 

Partnerships for human rights, which shall focus on strengthening the national and international human rights architecture, including support to multilateralism, as the independence and effectiveness of the Office of the High Commissioner for Human Rights (OHCHR), the International Criminal Court (ICC) and relevant regional human rights mechanisms, are essential. Support to education and research on human rights and democracy, as well as the promotion of academic freedom shall continue, including through support to the Global Campus for Human Rights and Democracy.

 

1 e.  Fostering new cross-regional synergies and networking among local civil society and between civil society and other relevant human rights bodies and mechanisms so as to maximise the sharing of best practises on human rights and democracy, and create positive dynamics.

 

The focus shall be placed on the protection and promotion of the principle of universality, identifying and sharing best practices on all human rights, whether civil and political, or economic, social and cultural, and fundamental freedoms, i.e. when addressing major challenges, including sustainable security, the fight against terrorism, irregular migration and shrinking space for NGOs. That will require an enhanced effort to bring together a broad range of human rights related stakeholders (e.g. local civil society and human rights activists, lawyers, academia, national human rights and women rights institutions, syndicates) from different countries and continents who together can create a positive narrative on human rights with a multiplying effect.

 

1 f.  The Union shall further promote, in its relations with third countries under the instrument, international efforts towards a multilateral agreement to ban trade in goods used for torture and capital punishment.

Amendment    435

Proposal for a regulation

Annex III – point 2 – introductory part

Text proposed by the Commission

Amendment

2.  AREAS OF INTERVENTION FOR CIVIL SOCIETY ORGANISATIONS

2.  AREAS OF INTERVENTION FOR CIVIL SOCIETY AND LOCAL AUTHORITIES

Amendment    436

Proposal for a regulation

Annex III – point 2 – point 1 – introductory part

Text proposed by the Commission

Amendment

1.  Inclusive, participatory, empowered and independent civil society civic space in partner countries

1.  Inclusive, participatory, empowered and independent civil society and local authorities in partner countries

Amendment    437

Proposal for a regulation

Annex III – point 2 – point 1 – point a

Text proposed by the Commission

Amendment

(a)  Creating an enabling environment for citizen participation and civil society action, including through foundations;

(a)  Creating an enabling environment for citizen participation and civil society action, including by supporting active civil society participation in policy dialogue through foundations;

Amendment    438

Proposal for a regulation

Annex III – point 2 – point 1 – point b

Text proposed by the Commission

Amendment

(b)  Building the capacity of civil society organisations, including foundations, to act as both actors of development and governance;

(b)  Supporting and building the capacity of civil society organisations, including foundations, to act as both actors of development and governance;

Amendment    439

Proposal for a regulation

Annex III – point 2 – point 1 – point c a (new)

Text proposed by the Commission

Amendment

 

(c a)  Capacity building, coordination and institutional strengthening for CSOs and local authorities - including Southern networks of CSOs and local authorities and umbrella organisations to engage within their organisations and between different types of stakeholders active in the public debate on development, and to dialogue with governments on public policy and participate effectively in the development process.

Amendment    440

Proposal for a regulation

Annex III – point 2 – point 2 – introductory part

Text proposed by the Commission

Amendment

2.  Dialogue with and between civil society organisations on development policy

2.  Dialogue with and between civil society organisations

Amendment    441

Proposal for a regulation

Annex III – point 2 – point 2 – point a

Text proposed by the Commission

Amendment

(a)  Promoting other inclusive multi-stakeholder dialogue fora, including interaction between citizens, civil society organisations, local authorities, member states, partner countries and other key development stakeholders;

(a)  Promoting inclusive multi-stakeholder dialogue fora and institutional strengthening of civil society and local authority networks, including interaction and coordination between citizens, civil society organisations, local authorities, member states, partner countries and other key development stakeholders;

Amendment    442

Proposal for a regulation

Annex III – point 2 – point 3 – point b

Text proposed by the Commission

Amendment

(b)  Mobilising public support in the Union, candidate countries and potential candidates for sustainable and inclusive development strategies in partner countries.

(b)  Mobilising public support in the Union, candidate countries and potential candidates for poverty reduction and sustainable and inclusive development strategies in partner countries.

Amendment    443

Proposal for a regulation

Annex III – point 2 – point 3 – point b a (new)

Text proposed by the Commission

Amendment

 

(b a)  Raising awareness of sustainable consumption and production, awareness of supply chains and the effects of Union’s citizens’ purchasing power in enabling sustainable development.

Amendment    444

Proposal for a regulation

Annex III – point 2 – point 3 a (new)

Text proposed by the Commission

Amendment

 

3 a.  Provision of basic social services delivered to populations in need

 

Interventions in partner countries which support vulnerable and marginalised groups by providing basic social services such as health - including nutrition, education, social protection, and access to safe water, sanitation and hygiene delivered through civil society organisations and local authorities.

Amendment    445

Proposal for a regulation

Annex III – point 2 – point 3 b (new)

Text proposed by the Commission

Amendment

 

3 b.  Strengthen the role of local authorities as actors of development by:

 

(a)  increasing the capacity of Union and developing countries’ local authority networks, platforms and alliances to ensure a substantive and continued policy dialogue and effective participation in the field of development and to promote democratic governance, in particular through the Territorial Approach to Local Development;

 

(b)  increasing interactions with Union citizens on development issues (awareness raising, knowledge sharing, engagement, including through adopting sustainability criteria in public procurement), in particular concerning those related to the Sustainable Development Goals, including in the Union and candidate countries and potential candidate countries;

 

(c)   increasing aid ownership and absorption via in-country training programmes for local authorities’ civil servants on how to apply for Union funding.

Amendment    446

Proposal for a regulation

Annex III – point 3 – introductory part

Text proposed by the Commission

Amendment

3.  AREAS OF INTERVENTION FOR STABILITY AND PEACE

3.  AREAS OF INTERVENTION FOR PEACEBUILDING, CONFLICT PREVENTION AND STABILITY

Amendment    447

Proposal for a regulation

Annex III – point 3 – point 1 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

The Union shall provide technical and financial assistance covering support for measures aimed at building and strengthening the capacity of the partners to prevent conflict, build peace and address pre- and post-crisis needs in close coordination with the United Nations and other international, regional and sub-regional organisations, and State and civil society actors, in relation to their efforts mainly in the following areas, including specific attention to women participation:

The Union shall provide technical and financial assistance covering support for measures aimed at building and strengthening the capacity of the Union and its partners to prevent conflict, build peace and address pre- and post-crisis needs in close coordination with the United Nations and other international, regional and sub-regional organisations, and State and civil society actors, in relation to their efforts mainly in the following areas, including specific attention to gender equality, women's empowerment and youth participation:

Amendment    448

Proposal for a regulation

Annex III – point 3 – point 1 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  early warning and conflict-sensitive risk analysis; confidence-building, mediation, dialogue and reconciliation measures;

(a)  early warning and conflict-sensitive risk analysis in the policy-making and the implementation of policy;

Amendment    449

Proposal for a regulation

Annex III – point 3 – point 1 – paragraph 1 – point a a (new)

Text proposed by the Commission

Amendment

 

(a a)  facilitation and building capacity in confidence-building, mediation, dialogue and reconciliation measures, with particular regard to emerging inter-community tensions, especially prevention of genocide and crimes against humanity;

Amendment    450

Proposal for a regulation

Annex III – point 3 – point 1 – paragraph 1 – point a b (new)

Text proposed by the Commission

Amendment

 

(a b)  strengthening capacities for participation and deployment in civilian stabilisation missions; strengthening the Union, civil society and Union partners’ capacities for the participation and the deployment of civilian peacekeeping and peacebuilding missions; the exchange of information and best practices on peacebuilding, conflict analysis, early warning or training and service delivery;

Amendment    451

Proposal for a regulation

Annex III – point 3 – point 1 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b)  post-conflict recovery as well as post-disaster recovery;

(b)  supporting post-conflict recovery, including addressing the issue of missing persons in post-conflict situations, and including supporting implementation of relevant multilateral agreements addressing landmines and explosive remnants of war as well as post-disaster recovery with relevance to the political and security situation;

Amendment    452

Proposal for a regulation

Annex III – point 3 – point 1 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c)  peace-building and state-building support actions;

(c)  supporting peace-building and state-building actions, including local and international civil society organisations, states and international organisations; and development of structural dialogues amongst them at various levels, between local civil society and partner countries, and with the Union;

Amendment    453

Proposal for a regulation

Annex III – point 3 – point 1 – paragraph 1 – point d a (new)

Text proposed by the Commission

Amendment

 

(d a)  curbing the use of natural resources to finance conflicts, and supporting compliance by stakeholders with initiatives such as the Kimberley Process Certification Scheme, and including those related to Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas1a, especially as regards the implementation of efficient domestic controls over the production of, and trade in, natural resources;

 

__________________

 

1a OJ L 130, 19.5.2017, p. 1

Amendment    454

Proposal for a regulation

Annex III – point 3 – point 1 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e)  Capacity Building for Security and Development (CBSD).

(e)  Capacity Building of military actors in support of development and security for development.

Amendment    455

Proposal for a regulation

Annex III – point 3 – point 1 – paragraph 1 – point e a (new)

Text proposed by the Commission

Amendment

 

(e a)  Supporting actions promoting gender equality and women’s empowerment, in particular through implementation of UNSCR 1325 and 2250 as well as participation and representation of women and youth in formal and informal peace processes;

Amendment    456

Proposal for a regulation

Annex III – point 3 – point 1 – paragraph 1 – point e b (new)

Text proposed by the Commission

Amendment

 

(e b)  Supporting actions promoting a culture of non-violence, including formal, informal and non-formal peace education;

Amendment    457

Proposal for a regulation

Annex III – point 3 – point 1 – paragraph 1 – point e c (new)

Text proposed by the Commission

Amendment

 

(e c)  Supporting actions strengthening the resilience of states, societies, communities and individuals, including resilience assessments designed to identify the endogenous capacities within societies that allow them to withstand, adapt to and quickly recover from pressures and shocks;

Amendment    458

Proposal for a regulation

Annex III – point 3 – point 1 – paragraph 1 – point e d (new)

Text proposed by the Commission

Amendment

 

(e d)  support for international criminal tribunals and ad hoc national tribunals, truth and reconciliation commissions, transitional justice and other mechanisms for the legal settlement of human rights claims and the assertion and adjudication of property rights, established in accordance with international standards in the fields of human rights and the rule of law;

Amendment    459

Proposal for a regulation

Annex III – point 3 – point 1 – paragraph 1 – point e e (new)

Text proposed by the Commission

Amendment

 

(e e)  support for measures to combat the illicit use of, and access to, firearms, small arms and light weapons;

Amendment    460

Proposal for a regulation

Annex III – point 3 – point 1 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

Measures in this area:

 

(a)  shall include know-how transfer, the exchange of information and best practices, risk or threat assessment, research and analysis, early warning systems, training and service delivery;

 

(b)   shall contribute to the further development of a structural dialogue on peace-building issues;

 

(c)   may include technical and financial assistance for the application of peace-building and state-building support actions.

Amendment    461

Proposal for a regulation

Annex III – point 3 – point 2 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

The Union shall provide technical and financial assistance to support partners’ efforts and Union actions addressing global and trans-regional threats and emerging threats mainly in the following areas:

The Union shall provide technical and financial assistance to support partners’ efforts and Union actions addressing global and trans-regional threats and emerging threats in the following areas:

Amendment    462

Proposal for a regulation

Annex III – point 3 – point 2 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  threats to law and order, and to the security and safety of individuals including terrorism, violent extremism, organised crime, cyber-crime, hybrid threats, illicit trafficking, trade and transit;

(a)  threats to law and order, and to the security and safety of individuals including terrorism, violent extremism, organised crime, cyber-crime, hybrid threats, illicit trafficking, trade and transit, in particular strengthening the capacity of law enforcement and judicial and civil authorities involved in the fight against terrorism, organised crime, including cyber-crime, and all forms of illicit trafficking and in the effective control of illegal trade and transit.

 

Priority shall be given to trans-regional cooperation involving two or more third countries which have demonstrated a clear political will to address the arising problems.

 

The measures shall place particular emphasis on good governance and shall be in accordance with international law. Cooperation in the fight against terrorism may also be conducted with individual countries, regions or international, regional and sub-regional organisations.

 

With regard to assistance to authorities involved in the fight against terrorism, priority shall be given to supporting measures concerning the development and strengthening of counter-terrorism laws, the implementation and practice of financial law, of customs law and of immigration law, the development of law-enforcement procedures which are aligned with the highest international standards and which comply with international law, the strengthening of democratic control and institutional oversight mechanisms, and the prevention of violent radicalism.

 

With regard to assistance relating to the problem of drugs, due attention shall be given to international cooperation aimed at promoting best practices relating to the reduction of demand, production and harm.

Amendment    463

Proposal for a regulation

Annex III – point 3 – point 2 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b)  threats to public spaces, critical infrastructure, cybersecurity, to public health or to environmental stability, maritime security threats, threats deriving from climate change impacts;

(b)  threats to public spaces, critical infrastructure, including international transport, including passenger and freight traffic, energy operations and energy distribution, cybersecurity, to public health, including sudden epidemics with a potential trans-national impact, or to environmental stability, maritime security threats, global and trans-regional threats deriving from climate change impacts having a potentially destabilising impact on peace and security;

Amendment    464

Proposal for a regulation

Annex III – point 3 – point 2 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c)  mitigation against risks, whether of an intentional, accidental or natural origin, related to chemical, biological, radiological and nuclear materials or agents and risks to related installations or sites;

(c)  mitigation against risks, whether of an intentional, accidental or natural origin, related to chemical, biological, radiological and nuclear materials or agents and risks to related installations or sites, in particular in the following areas:

 

(1)   supporting and promoting civilian research activities as an alternative to defence-related research;

 

(2)   enhancing safety practices related to civilian facilities where sensitive chemical, biological, radiological and nuclear materials or agents are stored or are handled in the context of civilian research programmes;

 

(3)   supporting, within the framework of Union cooperation policies and their objectives, the establishment of civil infrastructure and relevant civilian studies necessary for the dismantlement, remediation or conversion of weapons-related facilities and sites where these are declared to be no longer part of a defence programme;

 

(4)   strengthening the capacity of the competent civilian authorities involved in the development and enforcement of effective control of illicit trafficking in chemical, biological, radiological and nuclear materials or agents (including the equipment for their production or delivery);

 

(5)   developing the legal framework and institutional capacities for the establishment and enforcement of effective export controls, in particular on dual-use goods, including regional cooperation measures and as regards the implementation of the provisions of the Arms Trade Treaty and the promotion of adherence to it;

 

(6)   developing effective civilian disaster-preparedness, emergency planning, crisis response, and capabilities for clean-up measures.

 

Such activities shall be developed in conjunction with those under the European Instrument for Nuclear Safety established by Regulation EU .../... [Regulation EINS].

Amendment    465

Proposal for a regulation

Annex III – point 3 – point 2 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d)  Capacity Building for Security and Development (CBSD).

(d)  Capacity Building of military actors in support of development and security for development.

Amendment    466

Proposal for a regulation

Annex III – point 4 – part A – point 1 – point a

Text proposed by the Commission

Amendment

(a)  Developing crucial elements of an effective and comprehensive health system that are best addressed at a supra-national level to secure equitable access to health services and sexual and reproductive health and rights;

(a)  Developing crucial elements of an effective and comprehensive health system that are best addressed at a supra-national level to secure equitable, affordable, inclusive and universal access to public health services and sexual and reproductive health and rights;

Amendment    467

Proposal for a regulation

Annex III – point 4 – part A – point 1 – point a a (new)

Text proposed by the Commission

Amendment

 

(a a)  Promoting, providing and expanding essential services and psychological support services for victims of violence, in particular women and children rape victims;

Amendment    468

Proposal for a regulation

Annex III – point 4 – part A – point 1 – point c

Text proposed by the Commission

Amendment

(c)  Addressing global health security through communicable diseases research and control, translate knowledge into products and policies that tackle the changing disease burden (non-communicable diseases, all forms of malnutrition and environmental risk factors), and shape global markets to improve access to essential health commodities and healthcare services, especially for sexual and reproductive health.

(c)  Addressing global health security through communicable diseases research, including on poverty-related and neglected diseases - and control, by combating such diseases and fake medicines, translate knowledge into safe, accessible and affordable products and policies that tackle immunisation, the wide spectrum of the persistent burden of infections, emerging and re-emerging diseases and epidemics and antimicrobial resistance (non-communicable diseases, all forms of malnutrition and environmental risk factors), and shape global markets to improve access to essential health commodities and healthcare services, especially for sexual and reproductive health.

Amendment    469

Proposal for a regulation

Annex III – point 4 – part A – point 1 – point c a (new)

Text proposed by the Commission

Amendment

 

(c a)  Supporting initiatives to scale up access to safe, efficient and affordable medicines (including generic medicines), diagnostics and related health technologies and utilising all available tools to reduce the price of life-saving drugs and diagnostics.

Amendment    470

Proposal for a regulation

Annex III – point 4 – part A – point 1 – point c b (new)

Text proposed by the Commission

Amendment

 

(c b)  Fostering good health and combatting communicable diseases by strengthening health systems and attaining the Sustainable Developments Goals, including by enhancing focus on prevention and tackling vaccine-preventable diseases;

Amendment    471

Proposal for a regulation

Annex III – point 4 – part A – point 2 – point a

Text proposed by the Commission

Amendment

(a)  Promoting joint global efforts for inclusive and equitable quality education and training at all levels, including in emergency and crisis situations;

(a)  Promoting the achievement of internationally agreed goals in education and combat educational poverty through joint global efforts for inclusive and equitable quality education and training at all levels, for all ages, including early childhood development, in emergency and crisis situations and with a particular priority on strengthening free public education systems;

Amendment    472

Proposal for a regulation

Annex III – point 4 – part A – point 2 – point b

Text proposed by the Commission

Amendment

(b)  Strengthening knowledge, skills and values through partnerships and alliances, for active citizenship and productive, inclusive and resilient societies;

(b)  Strengthening knowledge, research and innovation, skills and values through partnerships and alliances, for active citizenship and productive, educated, democratic, inclusive and resilient societies;

Amendment    473

Proposal for a regulation

Annex III – point 4 – part A – point 2 – point c

Text proposed by the Commission

Amendment

(c)  Supporting global action on reducing all dimensions of inequalities, such as the gaps between girls/women and boys/men, to ensure that everyone has equal opportunity to take part in economic and social life.

(c)  Supporting global action on reducing all dimensions of discrimination and inequalities, such as the gaps between girls/women and boys/men, to ensure that everyone has equal opportunity to take part in economic, political, social and cultural life.

Amendment    474

Proposal for a regulation

Annex III – point 4 – part A – point 2 – point c a (new)

Text proposed by the Commission

Amendment

 

(c a)  Supporting efforts and improving good practices adopted by civil-society actors to ensure inclusive and quality education in fragile environments where governance structures are weak.

Amendment    475

Proposal for a regulation

Annex III – point 4 – part A – point 2 – point c b (new)

Text proposed by the Commission

Amendment

 

(c b)  Supporting actions, and promoting cooperation, in the area of sport to contribute to the empowerment of women and of young people, individuals and communities as well as to health, education and social inclusion objectives of the 2030 Agenda;

Amendment    476

Proposal for a regulation

Annex III – point 4 – part A – point 3 – introductory part

Text proposed by the Commission

Amendment

3.  Women and children

3.  Women

Amendment    477

Proposal for a regulation

Annex III – point 4 – part A – point 3 – point a

Text proposed by the Commission

Amendment

(a)  Leading and supporting global efforts, partnerships and alliances to eliminate all forms of violence against women and girls; this includes physical, psychological, sexual, economic and other types of violence and discrimination, including exclusion that women suffer in the different areas of their private and public lives;

(a)  Leading and supporting local, national, regional initiatives and global efforts, partnerships and alliances for the rights of women as set out in the UN Convention on the Elimination of All Forms of Discrimination against Women and the Optional Protocol thereto to eliminate all forms of violence, harmful practices and all forms of discrimination against women and girls; this includes physical, psychological, sexual, economic, political and other types of violence and discrimination, including exclusion that women suffer in the different areas of their private and public lives;

Amendment    478

Proposal for a regulation

Annex III – point 4 – part A – point 3 – point a a (new)

Text proposed by the Commission

Amendment

 

(a a)  Addressing root causes of gender inequalities as a means of supporting conflict prevention and peacebuilding; promoting the empowerment of women, including in their roles as development actors and peace-builders; empowering women’s and girls’ agency, voice and participation in social, economic, political and civic life;

Amendment    479

Proposal for a regulation

Annex III – point 4 – part A – point 3 – point a b (new)

Text proposed by the Commission

Amendment

 

(a b)  Promoting the protection and fulfilment of women’s and girls’ rights, including economic, labour, social and political rights, and sexual and reproductive health and rights, including sexual and reproductive health services, education and supplies.

Amendment    480

Proposal for a regulation

Annex III – point 4 – part A – point 3 – point b

Text proposed by the Commission

Amendment

(b)  Promoting new initiatives to build stronger child protection systems in third countries, ensuring that children are protected in all areas from violence, abuses and neglect, including by promoting the transition from institutional to community-based care for children.

deleted

Amendment    481

Proposal for a regulation

Annex III – point 4 – part A – point 3 a (new)

Text proposed by the Commission

Amendment

 

3 a.  Children and youth

 

(a)   Promoting new initiatives to build stronger child protection systems in third countries, ensuring that children get the best start in life and are protected in all areas from violence, abuses and neglect, including by promoting the transition from institutional to community-based care for children.

 

(b)   Promoting access to basic social services for children and youth, including the most marginalised, with a focus on health, nutrition, education, early childhood development and social protection, and including sexual and reproductive health services, information and supplies, dedicated youth-friendly services and comprehensive sexuality education, nutrition, education and social protection;

 

(c)   Promoting youth access to skills, decent and quality jobs through education, vocational and technical training, and access to digital technologies; supporting youth entrepreneurship and promoting the creation of sustainable jobs with decent working conditions;

 

(d)   Promoting initiatives that empower young people and children, and support policies and actions that guarantee their inclusion, meaningful civil and political participation and social recognition, recognizing their true potential as positive agents of change in areas such as peace, security, sustainable development, climate change, environmental protection and the reduction of poverty.

Amendment    482

Proposal for a regulation

Annex III – point 4 – part A – point 4 – introductory part

Text proposed by the Commission

Amendment

4.  Migration and forced displacement

4.  Migration, mobility and forced displacement

Amendment    483

Proposal for a regulation

Annex III – point 4 – part A – point 4 – point a

Text proposed by the Commission

Amendment

(a)  Ensure continued EU leadership in shaping the global agenda on migration and forced displacement governance in all its dimensions;

(a)  Ensure continued EU leadership in shaping the global agenda on migration and forced displacement governance in all its dimensions, to facilitate safe, orderly and regular migration;

Amendment    484

Proposal for a regulation

Annex III – point 4 – part A – point 4 – point b

Text proposed by the Commission

Amendment

(b)  Steering and supporting global and cross-regional policy dialogues, including exchange and cooperation on migration and forced displacement;

(b)  Steering and supporting global and cross-regional policy dialogues, including on South-South migration and exchange and cooperation on migration and forced displacement;

Amendment    485

Proposal for a regulation

Annex III – point 4 – part A – point 4 – point d a (new)

Text proposed by the Commission

Amendment

 

(d a)  Cooperation in this area shall adopt a human rights based approach and be managed in coherence with the [Asylum and Migration Fund], in full respect of human dignity and the principle of policy coherence for development.

Amendment    486

Proposal for a regulation

Annex III – point 4 – part A – point 5 – point b

Text proposed by the Commission

Amendment

(b)  Contributing to the global agenda on decent work, in particular in global value chains, and enhancing knowledge on effective employment policies that respond to labour market needs, including VET and life-long learning;

(b)  Contributing to the global agenda on decent work for all within a healthy environment, on the basis of the basic ILO labour standards, including social dialogue, living wages and the fight against child labour, in particular in making global value chains sustainable and responsible, based on horizontal due diligence obligations, and enhancing knowledge on effective employment policies that respond to labour market needs, including VET and life-long learning;

Amendment    487

Proposal for a regulation

Annex III – point 4 – part A – point 5 – point b a (new)

Text proposed by the Commission

Amendment

 

(b a)  supporting global initiatives on business and human rights, including corporate accountability for rights violations and access to remedies;

Amendment    488

Proposal for a regulation

Annex III – point 4 – part A – point 5 – point c

Text proposed by the Commission

Amendment

(c)  Supporting global initiatives on universal social protection that follow the principles of efficiency, sustainability and equity; including support to address inequality and ensure social cohesion;

(c)  Supporting global initiatives on universal social protection that follow the principles of efficiency, sustainability and equity, including support to address inequality and ensure social cohesion, in particular with the setting-up and strengthening of sustainable social protection systems, social insurance schemes, and with fiscal reform, reinforcing the capacity of tax systems and the fight against fraud, tax evasion, and aggressive tax planning;

Amendment    489

Proposal for a regulation

Annex III – point 4 – part A – point 6 – point a

Text proposed by the Commission

Amendment

(a)  Promoting initiatives for cultural diversity and intercultural dialogue for peaceful inter-community relations;

(a)  Promoting initiatives for cultural diversity, intercultural and interreligious dialogue for peaceful inter-community relations;

Amendment    490

Proposal for a regulation

Annex III – point 4 – part A – point 6 – point b

Text proposed by the Commission

Amendment

(b)  Supporting culture as an engine for sustainable social and economic development and reinforcing cooperation on cultural heritage.

(b)  Supporting culture and creative and artistic expression as an engine for sustainable social and economic development and reinforcing cooperation on, and preservation of cultural heritage and contemporary arts and other cultural expressions;

Amendment    491

Proposal for a regulation

Annex III – point 4 – part A – point 6 – point b a (new)

Text proposed by the Commission

Amendment

 

(b a)  Developing local crafts, as a means to preserve local cultural heritage.

Amendment    492

Proposal for a regulation

Annex III – point 4 – part A – point 6 – point b b (new)

Text proposed by the Commission

Amendment

 

(b b)  Reinforcing cooperation on safeguarding, conservation and enhancement of cultural heritage, including the preservation of particularly vulnerable cultural heritage, in particular from minority and isolated communities and indigenous peoples;

Amendment    493

Proposal for a regulation

Annex III – point 4 – part A – point 6 – point b c (new)

Text proposed by the Commission

Amendment

 

(b c)  Supporting initiatives for the return of cultural property to their countries of origin or their restitution in case of illicit appropriation.

Amendment    494

Proposal for a regulation

Annex III – point 4 – part A – point 6 – point b d (new)

Text proposed by the Commission

Amendment

 

(b d)  Supporting cultural cooperation with the Union , including through exchanges, partnerships and other initiatives and the recognition of the professionalism of authors, artists and cultural and creative operators;

Amendment    495

Proposal for a regulation

Annex III – point 4 – part A – point 6 – point b e (new)

Text proposed by the Commission

Amendment

 

(b e) Supporting cooperation and partnerships among sport organisations;

Amendment    496

Proposal for a regulation

Annex III – point 4 – part B – point 1 – point b

Text proposed by the Commission

Amendment

(b)  Contributing to the external projection of the Union's environment and climate change policies;

(b)  Contributing to the external projection of the Union's environment and climate change policies with full respect for the principle of policy coherence for development;

Amendment    497

Proposal for a regulation

Annex III – point 4 – part B – point 1 – point c

Text proposed by the Commission

Amendment

(c)  Integrating environment, climate change and disaster risk reduction objectives in policies, plans and investments including through improved knowledge and information;

(c)  Integrating environment, climate change and disaster risk reduction objectives in policies, plans and investments including through improved knowledge and information, including in interregional cooperation programmes or measures between partner countries and regions on the one hand, and neighbouring outermost regions and overseas countries and territories covered by the OCT Decision on the other;

Amendment    498

Proposal for a regulation

Annex III – point 4 – part B – point 1 – point d

Text proposed by the Commission

Amendment

(d)  Implementing international and EU initiatives to promote climate change adaptation and mitigation and climate resilient low-emission development, including through the implementation of the Nationally Determined Contributions (NDCs) and low emission climate resilient strategies, promoting disaster risk reduction, address environmental degradation and halting biodiversity loss, promoting the conservation and sustainable use and management of terrestrial and marine ecosystems and renewable natural resources -including land, water, oceans, fisheries and forests, addressing deforestation, land degradation, illegal logging and wildlife trafficking, tackling pollution and ensuring a healthy environment, addressing emerging climate and environmental issues, promoting resource efficiency, sustainable consumption and production and the sound management of chemicals and waste and supporting the transition to low emission, climate resilient green and circular economies.

(d)  Implementing international and EU initiatives to promote climate change adaptation and mitigation and climate resilient low-emission development, including through the implementation of the Nationally Determined Contributions (NDCs) and low emission climate resilient strategies, promoting disaster risk reduction, address environmental degradation and halting biodiversity loss, the conservation and sustainable use and management of terrestrial and marine ecosystems and renewable natural resources -including land, water, oceans, fisheries and forests, addressing deforestation, desertification, land degradation, illegal logging and wildlife trafficking, tackling pollution and ensuring a healthy environment, addressing emerging climate and environmental issues, promoting resource efficiency, sustainable consumption and production, integrated water resource management and the sound management of chemicals and waste and supporting the transition to low emission, climate resilient green and circular economies;

Amendment    499

Proposal for a regulation

Annex III – point 4 – part B – point 1 – point d a (new)

Text proposed by the Commission

Amendment

 

(d a)  Promoting environmentally sustainable agricultural practices, including agro-ecology, in order to protect ecosystems and biodiversity and enhance environmental and social resilience to climate change, with a particular focus on supporting smallholder farmers, workers and artisans;

Amendment    500

Proposal for a regulation

Annex III – point 4 – part B – point 1 – point d b (new)

Text proposed by the Commission

Amendment

 

(d b)  Implementing international and Union initiatives to address biodiversity loss, promoting the conservation, sustainable use and management of terrestrial and marine ecosystems and associated biodiversity.

Amendment    501

Proposal for a regulation

Annex III – point 4 – part B – point 2 – point a

Text proposed by the Commission

Amendment

(a)  Supporting global efforts, commitments, partnerships and alliances, including sustainable energy transition;

(a)  Supporting global efforts, commitments, partnerships and alliances, most notably the sustainable energy transition;

Amendment    502

Proposal for a regulation

Annex III – point 4 – part B – point 2 – point a a (new)

Text proposed by the Commission

Amendment

 

(a a)  Promoting energy security for partner countries and local communities through, for instance, diversification of sources and routes, considering price volatility issues, emission reduction potential, improving markets and fostering energy and, in particular, electricity interconnections and trade;

Amendment    503

Proposal for a regulation

Annex III – point 4 – part B – point 2 – point b

Text proposed by the Commission

Amendment

(b)  Encouraging partner governments to embrace energy sector policy and market reforms so to establish a conducive environment for investments increasing access to energy services that are affordable, modern, reliable and sustainable, with a strong focus on renewable energy and energy efficiency;

(b)  Encouraging partner governments to embrace energy sector policy and market reforms so to establish a conducive environment for inclusive growth and investments increasing access to energy services that are climate-friendly, affordable, modern, reliable and sustainable, with priority to renewable energy and energy efficiency;

Amendment    504

Proposal for a regulation

Annex III – point 4 – part C – point 1 – point a

Text proposed by the Commission

Amendment

(a)  Promoting sustainable private investment through innovative financing mechanisms and risk-sharing;

(a)  Promoting sustainable private investment through innovative financing mechanisms including for LDC’s and fragile states that would otherwise not attract such investment and where additionality can be proven;

Amendment    505

Proposal for a regulation

Annex III – point 4 – part C – point 1 – point b

Text proposed by the Commission

Amendment

(b)  Improving business environment and investment climate, supporting enhanced public-private dialogue, and building capacities of Micro, Small and Medium Enterprises,

(b)  Developing a socially and ecologically responsible local private sector, improving business environment and investment climate, supporting enhanced public-private dialogue, and building capacities of, competitiveness and resilience of local Micro, Small and Medium Enterprises as well as cooperatives and social enterprises, and their integration into the local, regional and global economy;

Amendment    506

Proposal for a regulation

Annex III – point 4 – part C – point 1 – point b a (new)

Text proposed by the Commission

Amendment

 

(b a)  Promoting financial inclusion by fostering access to and effective use of financial services, such as micro-credit and savings, micro-insurance and payment transfer, by microenterprises and SMEs and households, in particular disadvantaged and vulnerable groups;

Amendment    507

Proposal for a regulation

Annex III – point 4 – part C – point 1 – point c

Text proposed by the Commission

Amendment

(c)  Supporting the Union trade policy and trade agreements and the implementation thereof; and improving access to partner country markets and boosting trade, investment and business opportunities for companies from the Union while eliminating barriers to market access and investment

(c)  Supporting the implementation of the Union trade policy and trade agreements aiming at sustainable development and the implementation thereof; and improving access to partner country markets and boosting fair trade, responsible and accountable investment and business opportunities for companies from the Union while eliminating barriers to market access and investment, as well as aiming at easing access to climate-friendly technologies and intellectual property, while ensuring as much value sharing and human rights due diligence in supply chains, and with full respect to policy coherence for development, where developing countries are concerned;

Amendment    508

Proposal for a regulation

Annex III – point 4 – part C – point 2 – point a

Text proposed by the Commission

Amendment

(a)  Supporting and influencing international strategies, organisations, mechanisms and actors that roll-out major global policy issues and frameworks around food and nutrition security;

(a)  Supporting and influencing international strategies, organisations, mechanisms and actors that roll-out major global policy issues and frameworks around sustainable food and nutrition security, and contributing to accountability on international commitments on food security, nutrition and sustainable agriculture including the Sustainable Development Goals and the Paris Agreement;

Amendment    509

Proposal for a regulation

Annex III – point 4 – part C – point 2 – point b

Text proposed by the Commission

Amendment

(b)  Improving global public goods pursuing an end to hunger and malnutrition; tools like the Global Network on Food Crises enhance the capacity to adequately respond to food crises and nutrition in the context of the humanitarian-development-peace nexus (hence assist in mobilising pillar 3 resources);

(b)  Ensuring equitable access to food including by helping to address the financing gap for nutrition; improving global public goods pursuing an end to hunger and malnutrition; tools like the Global Network on Food Crises enhance the capacity to adequately respond to food crises and nutrition in the context of the humanitarian-development-peace nexus (hence assist in mobilising pillar 3 resources);

Amendment    510

Proposal for a regulation

Annex III – point 4 – part C – point 2 – point b a (new)

Text proposed by the Commission

Amendment

 

(b a)  Improving in a coordinated and accelerated manner cross-sectoral efforts to increase capacity for diversified local and regional food production, ensure nutritional and food security and access to drinking water, and enhance the resilience of the most vulnerable, particularly in countries facing protracted or recurrent crises;

Amendment    511

Proposal for a regulation

Annex III – point 4 – part C – point 2 – point c

Text proposed by the Commission

Amendment

(c)  Reaffirming at global level the central role of sustainable agriculture and fisheries and aquaculture for increased food security, poverty eradication, job creation, mitigating and adapting to climate change, resilience and healthy ecosystems;

(c)  Reaffirming at global level the central role of sustainable agriculture and fisheries and aquaculture, including smallholder agriculture, livestock-keeping and pastoralism for increased food security, poverty eradication, job creation, equitable and sustainable access to, and management of resources, including land and land rights, water, (micro) credit, open source seeds and other agricultural inputs, mitigating and adapting to climate change, resilience and healthy ecosystems;

Amendment    512

Proposal for a regulation

Annex III – point 4 – part C – point 2 – point d

Text proposed by the Commission

Amendment

(d)  Providing innovations through international research and reinforce global knowledge and expertise, in particular related to climate change adaptation and mitigation, agrobiodiversity, global and inclusive value chains, food safety, responsible investments, governance of land and natural resource tenure.

(d)  Providing innovations through international research and reinforce global knowledge and expertise, promotion and reinforcement of local and autonomous adaptation strategies, in particular related to climate change adaptation and mitigation, agrobiodiversity, global and inclusive value chains, fair trade, food safety, responsible investments, governance of land and natural resource tenure.

Amendment    513

Proposal for a regulation

Annex III – point 4 – part C – point 2 – point d a (new)

Text proposed by the Commission

Amendment

 

(d a)  Actively supporting greater participation of civil society and farmer organisations in policy-making and research programmes and increase their involvement in the implementation and evaluation of government programmes.

Amendment    514

Proposal for a regulation

Annex III – point 4 – part D – point 2

Text proposed by the Commission

Amendment

2.  Promote inclusive societies, good economic governance, including fair and inclusive domestic revenue mobilisation, transparent public finance management and effective and inclusive public spending.

2.  Promote inclusive societies, good economic governance, including fair and inclusive domestic revenue mobilisation and fight tax avoidance, transparent public finance management and effective and inclusive public spending.

Amendment    515

Proposal for a regulation

Annex III – point 4 a (new)

Text proposed by the Commission

Amendment

 

4 a.  AREAS OF INTERVENTION FOR FOREIGN POLICY NEEDS AND PRIORITIES

 

Actions to support the objectives set out in point (d a) of Article 4(3) shall support Union foreign policy across political, development, economic and security issues. Those actions shall enable the Union to act where there is a foreign policy interest, or a window of opportunity to achieve its objectives, and which are difficult to address by other means. They may cover the following:

 

(a)   support for the Union's bilateral, regional and inter-regional cooperation strategies, promoting policy dialogue and developing collective approaches and responses to challenges of global concern, including migration, development, climate change and security issues, in particular in the following areas:

 

  supporting the implementation of Partnership and Cooperation Agreements, action plans and similar bilateral instruments;

 

  deepening the political and economic dialogue with third countries of particular relevance in world affairs, including in foreign policy;

 

  supporting engagement with relevant third countries on bilateral and global issues of common concern;

 

  promoting an adequate follow-up or coordinated implementation of the conclusions reached and commitments made in relevant international fora;

 

(b) support for Union trade policy:

 

  support for Union trade policy and the negotiation, implementation and enforcement of trade agreements, under full respect of policy coherence for development, where developing countries are concerned, and full alignment with the pursuit of the Sustainable Development Goals;

 

  support for improving access to partner country markets and boosting trade, investment and business opportunities for companies from the Union, in particular SMEs, while eliminating barriers to market access and investment and protecting intellectual property rights, by means of economic diplomacy, business and regulatory cooperation, with necessary adaptations in relation to developing country partners;

 

(c)   contributions to the implementation of the international dimension of internal Union policies:

 

  contributions to the implementation of the international dimension of internal Union policies such as, inter alia, environment, climate change, energy, science and education and cooperation on management and governance of the oceans;

 

  promoting the Union’s internal policies with key partner countries and supporting regulatory convergence in this regard;

 

(d)   promotion of widespread understanding and visibility of the Union and of its role on the world scene:

 

  promotion of widespread understanding and visibility of the Union and of its role on the world scene, by means of strategic communication, public diplomacy, people-to-people contacts, cultural diplomacy, cooperation in educational and academic matters, and outreach activities to promote the Union's values and interests;

 

  enhancing student and academic staff mobility, leading to the creation of partnerships aimed at improving the quality of higher education and of joint degrees leading to academic recognition (‘Erasmus+ Programme’).

 

Those actions shall apply innovative policies or initiatives, corresponding to current or evolving short- to medium-term needs, opportunities and priorities, including with the potential of informing future actions under geographic or thematic programmes. They shall focus on deepening the Union's relations and dialogue and building partnerships and alliances with key countries of strategic interest, especially those emerging economies and middle-income countries who play an increasingly important role in world affairs, global governance, foreign policy, the international economy, and multilateral fora.

Amendment    516

Proposal for a regulation

Annex IV – point 1 – introductory part

Text proposed by the Commission

Amendment

1.  Actions contributing to stability and conflict prevention in situations of urgency, emerging crisis, crisis and postcrisis

1.  Actions contributing to peace, stability and conflict prevention in situations of urgency, emerging crisis, crisis and postcrisis

Amendment    517

Proposal for a regulation

Annex IV – point 1 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  a situation of urgency, crisis, emerging crisis or natural disasters;

(a)  a situation of urgency, crisis, emerging crisis or natural disasters, where relevant for stability, peace and security;

Amendment    518

Proposal for a regulation

Annex IV – point 1 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b)  a situation posing a threat to democracy, law and order, the protection of human rights and fundamental freedoms, or the security and safety of individuals, in particular those exposed to gender-based violence in situations of instability;

(b)  a situation posing a threat to peace, democracy, law and order, the protection of human rights and fundamental freedoms, or the security and safety of individuals, in particular those exposed to gender-based violence in situations of instability;

Amendment    519

Proposal for a regulation

Annex IV – point 1 a (new)

Text proposed by the Commission

Amendment

 

1 a.  The technical and financial assistance referred to in paragraph 1 may cover the following:

 

(a)   support, through the provision of technical and logistical assistance, for the efforts undertaken by international, regional and local organisations and by State and civil society actors in promoting confidence-building, mediation, dialogue and reconciliation, transitional justice, women’s and youth empowerment, in particular with regards to community tensions and protracted conflicts;

 

(b)   support for the implementation of United Nations Security Council resolutions, with particular regard to those on women, peace and security and youth, peace and security, in particular in fragile, conflict and post-conflict countries;

 

(c)   support for the establishment and functioning of interim administrations mandated in accordance with international law;

 

(d)   support for the development of democratic, pluralistic state institutions, including measures to enhance the role of women in such institutions, effective civilian administration and civilian oversight over the security system, as well as measures to strengthen the capacity of law-enforcement and judicial authorities involved in the fight against terrorism, organised crime and all forms of illicit trafficking;

 

(e)   support for international criminal tribunals and ad hoc national tribunals, truth and reconciliation commissions, transitional justice and other mechanisms for the legal settlement of human rights claims and the assertion and adjudication of property rights, established in accordance with international standards in the fields of human rights and the rule of law;

 

(f)   support for reinforcement of State capacity - in the face of significant pressures to rapidly build, maintain or restore its core functions, and basic social and political cohesion;

 

(g)   support for measures necessary to start the rehabilitation and reconstruction of key infrastructure, housing, public buildings and economic assets, and essential productive capacity, as well as other measures for the re-starting of economic activity, the generation of employment and the establishment of the minimum conditions necessary for sustainable social development;

 

(h)   support for civilian measures related to the demobilisation and reintegration of former combatants and their families into civil society, and where appropriate their repatriation, as well as measures to address the situation of child soldiers and female combatants;

 

(i)   support for measures to mitigate the social effects of restructuring the armed forces;

 

(j)   support for measures to address, within the framework of Union cooperation policies and their objectives, the socio-economic impact on the civilian population of anti-personnel landmines, unexploded ordnance or explosive remnants of war. Activities financed under this Regulation may cover, inter alia, risk education, mine detection and clearance and, in conjunction therewith, stockpile destruction;

 

(k)   support for measures to combat, within the framework of Union cooperation policies and their objectives, the illicit use of and access to firearms, small arms and light weapons;

 

(l)   support for measures to ensure that the specific needs of women and children in crisis and conflict situations, including preventing their exposure to gender-based violence, are adequately met;

 

(m)   support for the rehabilitation and reintegration of the victims of armed conflict, including measures to address the specific needs of women and children;

 

(n)   support for measures to promote and defend respect for human rights and fundamental freedoms, democracy and the rule of law, and the related international instruments;

 

(o)   support for socio-economic measures to promote equitable access to, and transparent management of, natural resources in a situation of crisis or emerging crisis, including peace-building;

 

(p)   support for measures to address the potential impact of sudden population movements with relevance to the political and security situation, including measures addressing the needs of host communities in a situation of crisis or emerging crisis, including peace-building;

 

(q)   support for measures to promote the development and organisation of civil society and its participation in the political process, including measures to enhance the role of women in such processes and measures to promote independent, pluralist and professional media;

 

(r)   capacity building of military actors in support of development and security for development.

Amendment    520

Proposal for a regulation

Annex IV – point 2 – paragraph 1

Text proposed by the Commission

Amendment

Rapid response actions referred to in point b) of Article 4(4) shall be designed to effectively strengthen resilience and to link humanitarian aid and development actions, which cannot be swiftly addressed through geographic and thematic programmes.

Rapid response actions referred to in point b) of Article 4(4) shall be designed to effectively strengthen resilience and to link humanitarian aid and development actions, which cannot be swiftly addressed through geographic and thematic programmes and ensuring coherence, consistency and complementarity with humanitarian aid as specified in Article 5.

Amendment    521

Proposal for a regulation

Annex IV – point 2 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a)  strengthen resilience by supporting individuals, communities, institutions, and countries to better prepare for, withstand, adapt to and quickly recover from political, economic, and societal pressures and shocks, natural or man-made disasters, conflicts and global threats; including by reinforce the capacity of a state - in the face of significant pressures to rapidly build, maintain or restore its core functions, and basic social and political cohesion and of societies, communities and individuals to manage opportunities and risks in a peaceful and stable manner and to build, maintain or restore livelihoods in the face of major pressures;

(a)  strengthen resilience by supporting individuals, communities, institutions, and countries to better prepare for, withstand, adapt to and quickly recover from political, economic, and societal pressures and shocks, natural or man-made disasters, conflicts and global threats; including by reinforcing the capacity of societies, communities and individuals to manage opportunities and risks in a peaceful and conflict sensitive stable manner and to build, maintain or restore livelihoods in the face of major pressures, and by supporting individuals, communities and societies to identify and strengthen their existing indigenous capacities to withstand, adapt to and quickly recover from these pressures and shocks, including those that could lead to an escalation of violence;

Amendment    522

Proposal for a regulation

Annex IV – point 2 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c)  carry out short-term rehabilitation and reconstruction to enable the victims from natural or man-made disasters, conflicts and global threats to benefit from a minimum of socio-economic integration and, as soon as possible, create the conditions for a resumption of development on the basis of long-term objectives set by the countries and regions concerned; this includes addressing the urgent and immediate needs arising from the displacement of people (refugees, displaced persons and returnees) following natural or man-made disasters; and

(c)  carry out short-term rehabilitation and reconstruction to enable the victims from natural or man-made disasters, conflicts and global threats to benefit from a minimum of socio-economic integration and, as soon as possible, create the conditions for a resumption of development on the basis of long-term objectives set by the countries and regions concerned; this includes addressing the urgent and immediate needs arising from the forced displacement of people following natural or man-made disasters; and

Amendment    523

Proposal for a regulation

Annex IV – point 2 – paragraph 2 – point d

Text proposed by the Commission

Amendment

(d)  assist the state or region in setting up short term disaster prevention and preparedness mechanisms, including for prediction and early warning, with a view to reducing the consequences of disasters.

(d)  assist the State, region, local authorities or relevant non-governmental organisations in setting up short term disaster prevention and preparedness mechanisms, including for prediction and early warning, with a view to reducing the consequences of disasters.

Amendment    524

Proposal for a regulation

Annex IV – point 3

Text proposed by the Commission

Amendment

3.  Actions addressing foreign policy needs and priorities

deleted

Rapid response actions to support the objectives set out in point c) of Article 4 (4) shall support Union foreign policy across political, economic and security issues. They shall enable the Union to act where there is an urgent or imperative foreign policy interest, or a window of opportunity to achieve its objectives, requiring a rapid reaction and which are difficult to address by other means.

 

These actions may cover the following:

 

(a)  support for the Union's bilateral, regional and inter-regional cooperation strategies, promoting policy dialogue and developing collective approaches and responses to challenges of global concern including migration and security issues, and exploiting windows of opportunity in this regard;

 

(b)  support for Union trade policy and trade agreements and the implementation thereof; and for improving access to partner country markets and boosting trade, investment and business opportunities for companies from the Union, in particular SMEs, while eliminating barriers to market access and investment, by means of economic diplomacy, business and regulatory cooperation;

 

(c)  contributions to the implementation of the international dimension of internal Union policies such as inter alia environment, climate change, energy, and cooperation on management and governance of the oceans;

 

(d)  promotion of widespread understanding and visibility of the Union and of its role on the world scene, by means of strategic communication, public diplomacy, people-to-people contacts, cultural diplomacy, cooperation in educational and academic matters, and outreach activities to promote the Union's values and interests.

 

These actions shall implement innovative policies or initiatives, corresponding to current or evolving short- to medium-term needs, opportunities and priorities, including with the potential of informing future actions under geographic or thematic programmes. They shall focus on deepening the Union's relations and dialogue and building partnerships and alliances with key countries of strategic interest, especially those emerging economies and middle-income countries who play an increasingly important role in world affairs, global governance, foreign policy, the international economy, and multilateral fora.

 

Amendment    525

Proposal for a regulation

Annex V – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

The EFSD+ operations eligible for support through the External Action Guarantee shall in particular aim at the following priority areas:

The EFSD+ operations eligible for support through the External Action Guarantee shall contribute to the following priority areas:

Amendment    526

Proposal for a regulation

Annex V – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  provide finance and support to private and cooperative sector development compliant with the conditions set out in Article 209(2) of the [Financing Regulation], with a particular focus on local companies and micro, small and medium-sized enterprises, on promoting decent job creation and encouraging the contribution of European companies to the EFSD+ purpose;

(a)  provide finance and support to private, social enterprise and cooperative sector development compliant with the conditions set out in Article 209(2) of the [Financing Regulation], to contribute to sustainable development in its economic, social and environmental dimensions, and to the implementation of the 2030 Agenda, the Paris Agreement and, where appropriate, the European Neighbourhood Policy and the objectives set out in Article 3 of the of Regulation EU.../... [IPA III], the eradication of poverty, promoting skills and entrepreneurship, gender equality and the empowerment of women and young people, while pursuing and strengthening the rule of law, good governance and human rights, with a particular focus on local companies, social enterprises and micro, small and medium-sized enterprises, on promoting decent job creation in compliance with relevant ILO standards, living wages, economic opportunities, and encouraging the contribution of European companies to the EFSD+ purpose;

Amendment    527

Proposal for a regulation

Annex V – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e)  contribute to climate action and environmental protection and management;

(e)  contribute to climate action and environmental protection and management, thus producing climate and environment co-benefits, allocating 45% of the financing to investments that contribute climate objectives, environmental management and protection, biodiversity and combatting desertification, of which 30% of the overall financial envelope shall be dedicated to climate change mitigation and adaptation;

Amendment    528

Proposal for a regulation

Annex V – paragraph 1 – point f

Text proposed by the Commission

Amendment

(f)  contribute by promoting sustainable development, to addressing specific root causes of irregular migration, as well as fostering the resilience of transit and host communities, and contributing to the sustainable reintegration of migrants returning to their countries of origin, with due regard to the strengthening of the rule of law, good governance and human rights.

(f)  contribute by promoting sustainable development, to addressing poverty and inequality as drivers of migration, including irregular migration and forced displacement, and contribute to safe, orderly and regular migration, by fostering the resilience of transit and host communities, and contributing to the sustainable reintegration of migrants returning to their countries of origin, with due regard to the strengthening of the rule of law, good governance, gender equality, social justice and human rights.

Amendment    529

Proposal for a regulation

Annex V – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

The following investment windows shall be created:

 

-  Sustainable Energy and Sustainable Connectivity

 

-  Micro, Small and Medium Enterprises (MSMEs) Financing

 

-  Sustainable agriculture, rural entrepreneurs, including subsistence and smallholder farming, pastoralists and environmentally friendly agroindustry

 

-  Sustainable cities

 

-  Digitalisation for Sustainable Development

 

-  Human Development

Amendment    530

Proposal for a regulation

Annex VI

Text proposed by the Commission

Amendment

[...]

deleted

Amendment    531

Proposal for a regulation

Annex VII – point 5

Text proposed by the Commission

Amendment

(5)  Number of students enrolled in primary and/or secondary education and training with EU support

(5)  Number of students having completed primary and/or secondary education and acquired minimal skills in reading and mathematics, and training with the Union’s support

Amendment    532

Proposal for a regulation

Annex VII – point 9

Text proposed by the Commission

Amendment

(9)  Political stability and absence of violence indicator

(9)  Political stability and absence of violence indicator built on a baseline assessment

Amendment    533

Proposal for a regulation

Annex VII – paragraph 2

Text proposed by the Commission

Amendment

All indicators shall be sex disaggregated whenever relevant.

Indicator (4) shall be sex disaggregated, and indicators (2), (3) and (5) shall be sex and age disaggregated.

Amendment    534

Proposal for a regulation

Annex VII a (new)

Text proposed by the Commission

Amendment

 

Annex VIIa

 

Partner countries in relation to which Union assistance is suspended.

 

[To be established by the Commission pursuant to Article 15a.]

  • [1]  OJ C 45, 4.2.2019, p. 1.
  • [2]  OJ C 86, 7.3.2019, p. 295.

EXPLANATORY STATEMENT

The Commission proposal for a Neighbourhood, Development and International Cooperation Instrument (NDICI) brings together most[1] of the current External Financing Instruments (EFIs), with a proposed budget of EUR 89.2 billion. In addition, the NDICI proposal includes a number of provisions that would also apply to other EFIs[2]. The Commission’s mid-term evaluation of the current EFIs has shown the instruments largely to be fit for purpose, an element which Parliament recognised in its implementation reports[3]. NDICI includes the budgetisation of the European Development Fund (EDF), a long-standing request from the European Parliament[4]. AFET and DEVE take note that Parliament’s calls for the Development, Neighbourhood, Human Rights, and Preaccession Instruments to remain separate have not been taken into account in the current NDICI proposal. Among the four aforementioned instruments, only the latter would remain separate. Committees stand ready to consider a simplified and streamlined architecture for the EFIs as long as it clearly respects the objectives of the Union’s underlying policies and it enhances transparency, accountability, efficiency, coherence and flexibility of EU funds for external action. This is the guiding objective behind the amendments to the proposed NDICI regulation, which cover the aspects below. The co-rapporteurs have expressed their readiness, during the course of the future negotiations with the Council, to assess whether conditions may be met to present the approach of a separate Neighbourhood Instrument in order to reflect properly, at the level of the financial instruments, the special relationship linking the Union and the countries from the Eastern and the Southern Neighbourhood.

Better governance and a stronger role for the Parliament

The merger of various instruments under the NDICI proposal seeks to increase the coherence of the EU’s external action, whilst also increasing the instrument’s flexibility to respond to future developments. The proposed amendments acknowledge this need for flexibility, but seek to balance it with enhanced democratic accountability and control mechanisms. With the introduction of the Delegated Acts (DAs) procedure for secondary policy choices, notably programming, the Committees seek to allow for flexibility while ensuring democratic legitimacy and transparency through the equal involvement of both co-legislators at strategic level. DAs supplementing this Regulation are requested for the establishment of multiannual programmes outlining the priority areas, objectives, expected results, indicative financial allocations and cooperation modalities. This procedure will also give the co-legislators more political control when the emerging challenges and priorities cushion - a key flexibility feature in NDICI - is mobilised. The inclusion of DAs for multiannual programming is accompanied by the elimination of implementing acts/comitology procedure in light of recent case law[5], to be replaced by Commission decisions executing the Regulation.

To ensure democratic accountability the report foresees an enhanced dialogue between Parliament and the Commission, in particular prior to the adoption of delegated acts, as well as before the presentation of the draft annual budget by the Commission to discuss the strategic orientations and guidelines. The report also advocates for ensuring the coherence, consistency and complementarity of the various EFIs and with the Union’s Common Security and Foreign Policy (CFSP).

Beyond programming, the AFET/DEVE report also foresees a strengthening of the control, safeguards and governance mechanisms in various other ways: inclusion of DAs to establish frameworks for risk management, the performance-based approach in the Neighbourhood, and for human rights in security sector activities, and the creation of investment windows. The report also includes an end date to the regulation in 2027, coinciding with the MFF period, and, linked to it, a genuine mid-term review of the Regulation. Strengthened monitoring and reporting mechanisms are also foreseen, including for the European Fund for Sustainable Development Plus (EFSD+). Finally, AFET and DEVE propose to include into the main body of the regulation important provisions ­- structure of programmes, objectives for the Neighbourhood, or governance of the EFSD+, reflected only in the annexes in the Commission’s proposal.

Clearer and distinct objectives for the various policies

The European neighbourhood is one of the key priority areas of EU external action. Any future instrument for the neighbourhood must be able to respond to the specific needs and circumstances of the neighbourhood countries, and reflect the privileged status they enjoy in line with the treaties. The draft regulation therefore rightly includes a dedicated chapter with specific provisions on the neighbourhood. AFET and DEVE propose to further strengthen the policy framework and some targeted improvements to the performance-based approach, which in line with the "more for more" principle, is one of the key tenets of the European Neighbourhood Policy (ENP).

The report supports the focus on sub-Saharan Africa as a priority area for the EU’s external action by ring-fencing and reinforcing the financial allocations, whilst also allowing for the creation of a Pan-African Programme to address the challenges of the African continent as a whole. A possible African, Caribbean and Pacific (ACP) programme is also foreseen to address the possible needs stemming from a future post-Cotonou agreement and funds have been earmarked for the Caribbean and the Pacific.

In the current MFF, development funds represent more than two-thirds of the total external action budget. It is therefore paramount for the Committees that the financial weight of NDICI development funds be adequately reflected in the text of the Regulation by reinforcing those provisions which constitute the fundaments of EU development cooperation. Firstly, an essential reference to poverty eradication and the Sustainable Development Goals was introduced in the NDICI objectives; secondly, the Committees raise the target of funding under this Regulation which should fulfill the criteria for Official Development Assistance to 95% from the proposed 92%. Considering that the current figure stands at 94%, the proposed raise is within clear reach.

The principle of Policy Coherence for Development remains the underlying tool for ensuring that development objectives are mainstreamed in other areas of external action. AFET and DEVE introduce new provisions ensuring that any external policies likely to affect developing countries take account of the objectives of development cooperation. Recognising the ample diversity of issues tackled under the thematic programme Global Challenges, the Committees have increased the proposed budget by EUR 1.5 billion in order to allow a reinforcement of what is considered to be the basis for sustainable development - health and education. Concerning migration, the report stresses the need for a holistic, longer term approach by addressing the root causes of irregular migration and forced displacement and supporting effective and human rights based policies to facilitate safe, orderly and regular migration. Finally, reflecting the importance of tackling climate change, the Committees include the attainment of the Paris Agreement in the objectives of the Regulation and have requested that actions under NDICI favour adherence to the Paris Agreement. The Committees also decided that 30 % of NDICI funds should contribute to supporting climate objectives, and an additional 15% to other environmental objectives.

On the 70th anniversary of the Universal Declaration of Human Rights, AFET and DEVE considered it more important than ever to recall that the basis for the Union’s external action are the very principles which are the foundation of the Union’s creation: democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law.

Consistently with the above, the Committees have introduced provisions by which assistance to a given country may be suspended in cases of persistent failure to observe the principles of democracy, the rule of law and respect for human rights and fundamental freedoms, none of which are negotiable. Additionally, the financial allocation for human rights and democracy activities has been increased by EUR 0.5 billion in light of the shrinking space for civil society worldwide, the increasing needs for human rights work and the success of EU support to these activities in the current MFF.

Finally, the Committees propose to integrate support to Local Authorities in the thematic programme in support of Civil Society Organisations (CSOs-LAs) as in the current DCI, and to increase the envelope for this programme by EUR 1.2 billion (EUR 0.5 billion for LAs and an additional EUR 0.7 billion for CSOs).

The Committees agree with the Commission’s innovative approach to integrate provisions on stability and peace across the geographic and thematic programmes, as well as in the rapid response pillar. Nevertheless, the Committees propose to include conflict prevention among the NDICI objectives and to amend the policy framework relevant for stability and peace. The Committees propose to set aside a specific financial envelope of EUR 2 billion for stability and conflict prevention within the rapid response pillar.

Annexes dealing with stability and peace are substantially expanded to include activities already financed pursuant the current Instrument contributing to Stability and Peace (IcSP), as well as some new ones. With regard to capacity building of military actors in support of development and security for development, the Committees note that the proposals closely mirror the provisions in the existing IcSP. Such support must be in line with the overarching objective of achieving sustainable development, and may not be used to finance the procurement of arms or ammunition, or operations having military or defence implications. A cap of EUR 270 million is introduced for these activities. Furthermore, an additional set of safeguards to manage and mitigate risk of misuse of such assistance is included.

With regards to cooperation with strategic, upper-middle income and industrialised countries, AFET and DEVE welcome the integration of a large part of the activities under the current Partnership Instrument (PI) within the geographic approach chosen by the Commission. Such approach should also ensure an increased cooperation with upper middle-income countries that do not require bilateral development assistance anymore and that are not among the EU’s official strategic partners, which was one of the major gaps identified in the implementation of the current PI. In addition, the Committees consider the overwhelming majority of actions proposed under the “foreign policy needs and priorities” programme to be programmable and therefore propose this programme be moved from the rapid response pillar to the thematic pillar.

AFET and DEVE support the creation of the new EFSD+ and a single External Action Guarantee within the NDICI proposal. The report’s approach to these provisions has been directed by the need to bring back a number of safeguards and guarantees for investment contributing to sustainable development, whilst respecting social, environmental and human rights standards. In order to enable the continuity of the EIB’s longstanding operations outside the EU in support of EU external action, the Committees propose that the EIB would exclusively implement part of an investment window covering sovereign lending with at least EUR 1 billion.

Budgetary measures

AFET and DEVE have adopted a number of amendments in order to better reflect the strategic importance of a number of geographic and thematic issues. The Committees welcome that the Neighbourhood and sub-Saharan Africa geographic allocations have been ring-fenced. Additionally, the Parliament’s MFF interim resolution[6] proposes an increase of funds for an African Investment Plan of EUR 3.5 billion in 2018 prices, to be divided between sub-Saharan Africa (EUR 2.4 billion) and the Neighbourhood (EUR 1.1 billion). AFET and DEVEwelcome this increase.

The proposed reinforcement of the financial allocations for human rights, civil society and local authorities, and global challenges mentioned above have all been compensated by an equivalent reduction of the flexibility cushion. This reduction also reflects the Committees view that the instrument should be programmed to the largest possible extent to ensure democratic scrutiny, while at the same time still providing for a generous amount of flexibility so as to respond to unforeseen needs.

  • [1]  Regulation (EU) 233/2014 establishing the Development Cooperation Instrument, Regulation 234/2014 establishing the Partnership Instrument, Regulation (EU) 232/2014 establishing the European Neighbourhood Instrument, Regulation (EU) 235/2014 establishing the European Instrument for Democracy and Human Rights worldwide, Regulation 230/2014 establishing the Instrument contributing to Stability and Peace, the guarantee fund for external action (Regulation (EC/EURATOM) 480/2009), the European Fund for Sustainable Development, its Guarantee and its Guarantee Fund (Regulation (EU) 2017/1601), and the Common Implementing Regulation.
  • [2]  COM (2018) 465 final Proposal for a Regulation of the European Parliament and of the Council establishing the Instrument for Pre-accession Assistance (IPA III); COM(2018) 461 final Proposal for a Council Decision on the Association of the Overseas Countries and Territories with the European Union including relations between the European Union on the one hand, and Greenland and the Kingdom of Denmark on the other ('Overseas Association Decision');  COM(2018) 462 final Proposal for a Council Regulation establishing a European Instrument for Nuclear Safety complementing the Neighbourhood, Development and International Cooperation Instrument on the basis of the Euratom Treaty.
  • [3]  European Parliament resolution of 18 April 2018 on the implementation of the Development Cooperation Instrument, the Humanitarian Aid Instrument and the European Development Fund, 2017/2258(INI), European Parliament resolution of 18 April 2018 on the implementation of the EU external financing instruments: mid-term review 2017 and the future post-2020 architecture (2017/2280(INI)), European Parliament resolution of 14 March 2018 on the next MFF: Preparing the Parliament’s position on the MFF post-2020, 2017/2052(INI).
  • [4]  See, for instance, European Parliament resolution of 4 October 2016 on the Future of ACP-EU relations beyond 2020, 2016/2053(INI).
  • [5]  See Case C-521/15 Spain v Council, EU:C:2017:982, paragraphs 47 and 48
  • [6]  European Parliament Interim Report on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement (COM(2018)0322 – C8-0000/2018 – 2018/0166R(APP)).

OPINION of the Committee on International Trade (24.1.2019)

for the Committee on Foreign Affairs and the Committee on Development

on the proposal for a regulation of the European Parliament and of the Council Establishing the Neighbourhood, Development and International Cooperation Instrument
(COM(2018)0460 – C8‑0275/2018 – 2018/0243(COD))

Rapporteur for opinion: Marietje Schaake

AMENDMENTS

The Committee on International Trade calls on the Committee on Foreign Affairs and the Committee on Development, as the committees responsible, to take into account the following amendments:

Amendment    1

Proposal for a regulation

Citation 2 a (new)

Text proposed by the Commission

Amendment

 

Having regard to the European Parliament resolution of 14 March 2018 on the next MFF: Preparing the Parliament’s position on the MFF post-2020,

Amendment    2

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1)  The general objective of the Programme "Neighbourhood, Development and International Cooperation Instrument" (the ‘Instrument’) should be to uphold and promote the Union’s values and interests worldwide in order to pursue the objectives and principles of the Union’s external action, as laid down in Article 3(5), Articles 8 and 21 of the Treaty on European Union.

(1)  The general objective of the Programme "Neighbourhood, Development and International Cooperation Instrument" (the ‘Instrument’) should promote economic and social development, contribute to the eradication of poverty and to uphold the Union’s values and interests worldwide in order to pursue the objectives and principles of the Union’s external action, as laid down in Article 3(5), Articles 8 and 21 of the Treaty on European Union.

Amendment    3

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2)  In accordance with Article 21 of the Treaty on European Union, the Union shall pursue consistency between the different areas of its external action and between these and its other policies, as well as it shall work for a high degree of cooperation in all fields of international relations. The wide array of actions enabled by this Regulation should contribute to the objectives set out in that Article of the Treaty.

(2)  In accordance with Article 21 of the Treaty on European Union, the Union shall pursue consistency between the different areas of its external action and between these and its other policies, international trade in particular, and it shall work for a high degree of cooperation in all fields of international relations. The wide array of actions enabled by this Regulation should contribute to the objectives set out in that Article of the Treaty.

Amendment    4

Proposal for a regulation

Recital 4 a (new)