The aim of preserving peace and liberty is expressed in the preamble to the Treaty establishing the European Community.
(1)
In several parts of the world the Community is pursuing policies of development aid, macro-financial aid, economic, regional and technical cooperation aid, reconstruction aid, aid for refugees and displaced persons, and support measures for consolidating democracy and the rule of law, respect for human rights and basic freedoms.
(Amendment 2)
Recital 2
(2)
The Community is concerned that the spread of crises affecting political and social stability and security jeopardise not only international peace and security but also the principles of liberty, democracy, respect for human rights and fundamental freedoms and the rule of law.
(2)
The aims of assistance and cooperation programmes and/or the conditions for their proper implementation may be threatened or directly affected by the emergence of crisis or conflict situations, and by imminent or actual attacks on public order, security and particularly personal safety.
(Amendment 3)
Recital 3
(3)
In the interests of fostering sustainable economic and social development, there is a need to prevent the crises from spreading or escalating into armed conflicts.
(3)
There is therefore a need to set up machinery, in support of current Community policies and programmes, to enable the Community to take urgent action to help re-establish or safeguard normal implementing conditions for the policies in hand, in order to preserve their effectiveness.
(Amendment 4)
Recital 3a (new)
(3a) Priority must be given to non-military crisis management including adequate budgetary funding.
(Amendment 5)
Recital 5
(5)
The Report of the Presidency on non-military crisis management attached to the above conclusions further explains that "Rapid financing mechanisms such as the creation by the Commission of a Rapid Reaction Fund should be set up to allow the acceleration of the provision of finance to support EU activities, to contribute to operations run by other international organisations and to fund NGO activities, as appropriate".
(5)
The machinery must in particular make it possible, by means of fast-track decision-making mechanisms, to rapidly mobilise and commit financial and other resources that are available under these external policies or programmes.
(Amendment 6)
Recital 6
(6)
There is a need, in support of existing Community programmes relating to cooperation with third countries, to undertake rapid and efficient action to project security and stability beyond the borders of the European Union wherever the lives and physical integrity of women and men and the respect for human solidarity depend on its intervention.
(6)
The Council and Commission are responsible for ensuring the consistency of the external measures pursued by the European Union, in its policies for foreign relations and security, in the economic, social and environmental field, for development and equal opportunities between men and women.
(Amendment 7)
Recital 7
(7)
The Community's early awareness of crises and rapid response mechanisms need further development with a view to permitting rapid deployment of financial and other resources to prevent crises from spreading or escalating into armed conflicts.
Deleted
(Amendment 8)
Recital 8
(8)
There is a need to make available at short notice, in the event of security-related crisis situations, accelerated decision-making mechanisms for specific and immediate interventions limited in time, and acting, if so required, as precursors of regular Community instruments to which action can thereafter be transferred.
Deleted
(Amendment 9)
Recital 9a (new)
(9a) The Rapid Reaction Facility should be supported by the setting up of civil headline goals as well as by the establishment of a European Public Security Force.
(Amendment 10)
Recital 9b (new)
(9b) The Rapid Reaction Facility should be supported by a specific and properly trained financial management and implementation cell.
(Amendment 12)
Recital 11
(11)
In accordance with Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(1
), measures for the implementation of this Regulation should be adopted by use of the advisory procedure provided for in Article 3 of that Decision.
____________ (1
) OJ L 184, 17.7.1999, p. 23.
Deleted
(Amendment 14)
Recital 12a (new)
(12a) Expenditure on the type of interventions under this Regulation was not foreseen in the financial perspective agreed in the context of the Interinstitutional Agreement of 6 May 1999 on budgetary discipline and improvement of the budgetary procedure(1
), in so far as they are not already covered by the expenditure foreseen for CFSP; consequently, these interventions will have to be financed within Heading 4 or, if this is not possible, by an appropriate revision of the financial perspective; the European Parliament must be consulted on each action to be financed under the facility. ________________ (1
) OJ C 172, 18.6.1999, p. 1.
(Amendment 17)
Article 1(1)
1.
The purpose of this Regulation, in support of existing Community programmes relating to cooperation with third countries, is to lay down procedures for establishing
a rapid, efficient and flexible mechanism (hereinafter referred to as "the Rapid Reaction Facility') designed to respond to situations of crisis or the emergence of crisis and to provide immediate financing for non-combat activities related to urgent operations of crisis management and conflict prevention, with a view to fostering international peace and security, the principles of liberty and democracy, respect for human rights and fundamental freedoms and the rule of law, as a basis for economic and social development in those third countries.
1.
The purpose of this Regulation, in support of existing Community policies and
programmes relating to cooperation with third countries, is to lay down a rapid, efficient and flexible mechanism (hereinafter referred to as "the Rapid Reaction Facility') designed to respond to urgent
situations of crisis or the emergence of crisis.
(Amendment 18)
Article 1(2)
2.
The Rapid Reaction Facility shall
be triggered by situations
of crisis or emerging crisis, such as circumstances of growing violence destabilising
law and order, breaches of the peace, outbreaks of fighting, armed conflicts, massive population movements, or exceptional circumstances with security-related implications and concerns, or major environmental catastrophes threatening safety, stability and security.
2.
The Rapid Reaction Facility may
be triggered when there arises, in the recipient countries concerned, a situation
of crisis or emerging crisis, a situation threatening
law and order, public security and public safety, or a situation threatening to degenerate into armed conflict or to destabilise the country and if that situation is likely to undermine the benefits of the assistance and cooperation policies and programmes, their effectiveness and/or the conditions for their proper implementation.
(Amendment 19)
Article 1(3), introduction
3.
The Rapid Reaction Facility builds upon the scope of intervention
of existing Community regulations, with the exception of ECHO regulation, Regulation (EC) No 1257/96. Its specific added-value is represented by the rapidity of interventions in situations of high tension and by the possibility of mixing different instruments of intervention in order to achieve a comprehensive and coherent action in security-related emergencies. If actions provided for by this Regulation fall under the scope of other regulations, this Regulation shall apply only if:
3.
The Rapid Reaction Facility builds upon the objectives
of existing Community regulations and programmes listed by way of example in Annex I,
with the exception of ECHO regulation, Regulation (EC) No 1257/96. Actions that normally fall within the objectives of the regulations listed by way of example in Annex I may be taken under this Regulation if:
(Amendment 20)
Article 1(3), second subparagraph (new)
If necessary the financing of the action can be ensured by a mobilisation of the appropriations available in the emergency reserve (B7-9
).
(Amendment 21)
Article 2(1)
1.
The principal objectives of actions
under the Rapid Reaction Facility shall be,
in situations of crisis or emerging crisis, the preservation or re-establishment of conditions of public order, security and safety, the facilitation of dialogue, conciliation and mediation among different groups within a society and the fight against human-rights abuses, ethnic, religious, and gender discrimination, and violence.
1.
Under the Rapid Reaction Facility it shall be possible to undertake,
in situations of crisis or emerging crisis, civil operations to preserve or re-establish the conditions of stability required for proper and successful implementation of the aid, assistance and cooperation policies and programmes in Article 1 and fulfilment of the objectives assigned to them.
(Amendment 22)
Article 2(2)
2.
Interventions financed under this Regulation may comprise any non-combat activities aimed at counteracting or resolving emerging crises and serious threats or outbreaks of conflict, all logistical measures necessary for the planning, implementation, monitoring and auditing of such interventions, including information and communication management, technical assistance and training, the purchase and/or delivery of essential products and equipment, safe transport and all administrative expenditure related to such measures as well as the measures necessary to strengthen the Community's coordination with Member States and other donor countries, international organisations, non-governmental organisations (NGOs) and their representatives.
Deleted
(Amendments 23 and 24)
Article 2a (new)
Article 2a
1.
Actions to be undertaken under the Rapid Reaction Facility shall be adopted by the Commission in accordance with the procedures laid down in this Regulation.
They shall be implemented by the Commission in accordance with current budget and other procedures, in particular those under Articles 116 and 118 of the Financial Regulation applicable to the general budget of the European Communities.
2.
When the Commission intends to take action under this Regulation it shall without delay so inform the Council and the European Parliament in order to ensure that the European Union's external activities are consistent.
(Amendment 25)
Article 4(6)
6.
The Commission will inform the Committee established in Article 8 of the choice of implementing entity and the reasons for such choice.
Deleted
(Amendment 26)
Article 5
Article 5 Interventions covered by this Regulation shall be decided by the Commission in accordance with the procedures laid down in this Regulation.
Deleted
They shall be implemented by the Commission in accordance with the budgetary and other procedures in force, including those laid down in Articles 116 and 118 of the Financial Regulation applicable to the general budget of the European Communities.
(Amendment 27)
Article 6a (new)
Article 6a So far as is possible, the Commission shall ensure the involvement of the authorities and structures of the country concerned.
(Amendment 28)
Article 7(1)
1.
No single intervention to be funded under this Regulation may receive Community contributions exceeding EUR 12 million.
1.
The budgetary authority shall each year set a global ceiling for funding action under this Regulation.
(Amendment 29)
Article 7(2)
2.
The implementation period of any intervention under this Regulation may not exceed a limited period up to nine months.
2.
The Commission shall decide the implementation period for any intervention.
(Amendment 30)
Article 7(3)
3.
Should it appear, in exceptional cases, that the implementation period is insufficient to achieve the objectives laid down in Article 1(1) on account of the specific nature of the crisis concerned or its intensity, the Commission shall present a report to the Committee established in Article 8, at the latest one month before the expiry of the original action. Thereafter the Commission may present to the Committee a draft for an extension of
the intervention and related financial requirements concerning the same crisis. This further intervention shall comply with the requirements of Article 1.
3.
Should it appear, in exceptional cases, that the implementation period is insufficient to achieve the objectives laid down in Article 1(1) on account of the specific nature of the crisis concerned or its intensity, the Commission may decide to extend
the intervention and related financial requirements concerning the same crisis. This further intervention shall comply with the requirements of Article 1. The Commission shall then so inform the Council without delay.
(Amendment 31)
Article 8(1)
1.
The Commission shall be assisted by a committee (hereinafter referred to as "the Crisis Committee'), composed of representatives of the Member States and chaired by the representative of the Commission.
Deleted
(Amendment 32)
Article 8(2)
2.
Where reference is made to this paragraph, the advisory procedure laid down in Article 3 of the Decision 1999/468/EC shall apply, in compliance with Article 7(3) thereof.
Deleted
(Amendment 33)
Article 9(1)
1.
When adopting its rules of procedure, in accordance with Article 7(1) of Decision 1999/468/EC, the Crisis Committee shall take into account the objectives of the Rapid Reaction Facility, and in particular:
Deleted
(a)
the need of rapid decisions and implementation in view of the exceptional and urgent nature of the circumstances of crisis which trigger the use of the Rapid Reaction Facility;
(b)
the flexibility necessary to meet the evolving nature of the crisis.
(Amendment 34)
Article 9(2)
2.
The Crisis Committee may also discuss any other questions related to the implementation of this Regulation, in particular the arrangements for follow-up and the transfer of action, where appropriate, to other instruments once intervention under this Regulation comes to an end.
Deleted
(Amendment 35)
Article 10(1)
1.
The Commission shall, on the basis of a reciprocal and regular exchange of information,
including exchange of information
on the spot, ensure the
effective coordination of its crisis management operations
with those of the Member States, in order to increase the coherence and complementarity of all interventions.
1.
The Commission shall take action
, including action
on the spot, to
ensure effective coordination of the actions under the Rapid Reaction Facility
with those of the Member States, in order to increase the coherence and complementarity of all interventions. To that end the Commission and the Member States shall maintain a reciprocal information system.
(Amendment 36)
Article 10(2)
2.
In the interests of overall coherence of Community strategy for rapid response to crises with civilian instruments, the Crisis Committee may also be a forum for the exchange of information between Member States and the Commission.
Deleted
(Amendment 37)
Article 10(3)
3.
The Commission shall promote coordination and cooperation with international and regional organisations.
3.
The Commission shall promote coordination and cooperation with international and regional organisations. It shall ensure that actions under the Rapid Reaction Facility are coordinated and consistent with those of the international and regional organisations and bodies.
European Parliament legislative resolution on the proposal for a Council regulation creating the Rapid Reaction Facility (COM(2000) 119
- C5-0272/2000
- 2000/0081(CNS)
)
(Consultation procedure)
The European Parliament,
- having regard to the Commission proposal to the Council (COM(2000) 119(1)
),
- having been consulted by the Council pursuant to Article 308 of the EC Treaty (C5-0272/2000
),
- having regard to Rule 67 of its Rules of Procedure,
- having regard to the report of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy and the opinion of the Committee on Budgets (A5-0392/2000
),
1. Approves the Commission proposal as amended;
2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;
3. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;
4. Calls for the conciliation procedure to be initiated should the Council intend to depart from the text approved by Parliament;
5. Asks to be consulted again if the Council intends to amend the Commission proposal substantially;
6. Instructs its President to forward its position to the Council and Commission.