Proposal for a european Parliament and Council regulation concerning action against anti-personnel landmines
29. 8. 2000 EN Official Journal of the European Communities C 248 E/115 Proposal for a European Parliament and Council Regulation concerning action against anti- personnel landmines (2000/C 248 E/07) COM(2000) 111 final - 2000/0062(COD) (Submitted by the Commission on 15 March 2000) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 179 thereof, Having regard to the proposal from the Commission, Acting in accordance with the procedure laid down in Article 251 of the Treaty, Whereas: (1) The Community is concerned by the presence of anti- personnel land-mines and other unexploded devices in the areas of civil communities which are trying to recover from armed conflict. (2) Anti-personnel landmines cause suffering and casualties, particularly in the poorest parts of the world, and constitute a serious obstacle to economic development, inhibit the return of refugees and displaced persons, and obstruct humanitarian aid operations, reconstruction and rehabilitation and the social conditions. restoration of normal (3) The Community is committed to the goal of total elimi- landmines world-wide in the nation of anti-personnel coming years. (4) The Community and its Member States have provided the largest contribution to the wider international effort to overcome the tragedy of anti-personnel landmines. (5) This Regulation is a direct response to the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel and Their Destruction (Ottawa Convention). Land Mines (6) Therefore, financial aid should, as a priority, benefit those third countries which are committed to the fight against anti-personnel landmines and are parties to the Ottawa Convention. (7) Such an approach should not prevent Community response to humanitarian emergencies wherever they occur. (8) Community mine action is often an integral part of humanitarian aid, rehabilitation, reconstruction or devel- opment projects, whilst being a discrete and specialised activity responding to distinct priorities, operational requirements and political imperatives. (9) As part of such projects, as well as in the case of framework programmes for the research and development of mine action technology, new and existing actions will lines, continue supported, complemented and coordinated under this Regulation where appropriate. funded from specific budget to be (10) This Regulation is designed to provide the basis for a coherent and efficient approach for the Community mine action, through advancing an integrating strategy, in close coordination between the Commission, the Member States and the international community at all stages of mine actions. (11) It is necessary to ensure that these actions are coherent with the European Union’s foreign policy as a whole, including the Common Foreign and Security Policy. (12) Since the measures necessary for the implementation of this Regulation are management measures within the meaning of Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of conferred on the Commission (1), they should be adopted by use of the management procedure provided for in Article 4 of that Decision. implementing powers (13) The anti-personnel landmine problem, by life- threatening nature and its global extent, requires efficient, flexible and, where necessary, rapid decision-making procedures for the financing of Community actions. its (14) A financial reference amount, within the meaning of point the 2 of the Declaration by the European Parliament, Council and the Commission of 6 March 1995, is included in this Regulation without thereby affecting the powers of the budgetary authority as they are defined by the Treaty. (15) The Community should ensure maximum transparency in and the stringent controls in the use of appropriations. implementation of assistance financial the (16) The protection of the Communities’ financial interests as well as the fight against fraud and irregularities constitute an inherent part of this Regulation. (1) OJ L 184, 17. 7. 1999, p. 23. C 248 E/116 EN Official Journal of the European Communities 29. 8. 2000 HAS ADOPTED THIS REGULATION: (g) information management, including geographical information systems; Article 1 The purpose of this Regulation is to lay down the 1. procedures for the implementation of Community operations while advancing a consistent and coherent humanitarian de-mining strategy at Community and international levels, responding to the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and their Destruction (hereinafter referred to as the Ottawa Conventioní). The operations referred to in this Regulation shall be 2. implemented in the territory of third countries or shall be directly related to situations arising in third countries, particularly in those most vulnerable amongst them, and as a priority in developing countries. Article 2 The principal objectives of the Community mine action 1. shall be: (a) to support the elaboration, monitoring and implementation of a civilian de-mining strategy; (b) to assist afflicted countries in the implementation of their obligations under the Ottawa Convention; (c) to create and sustain national structures and local capa- bilities within the afflicted countries to carry out mine actions with maximum effectiveness; (h) other activities, which contribute to the reduction of the impact of anti- landmines, and other hazardous debris of war. human, economic, and environmental personnel 3. In the context of paragraph 2, priority shall be given to actions addressing immediate and unforeseeable requirements generated by outbreaks of fighting, migration of large groups comparable towards mine-afflicted areas, or of people situations such as urgent assistance in the implementation of peace agreements. Priority will also be given to actions in the most seriously mine-afflicted countries, where anti-personnel landmines cause many suspected civilian casualties or where presence of these devices is a major obstacle to the restoration of economic and social activity or to development and thus require a specific long-term commitment that emergency humanitarian or reconstruction aid are unable to provide. and other unexploded ordnance the presence or In order 4. to ensure coherence, complementarity and synergy within regional cooperation programmes and in the context of humanitarian aid, rehabilitation, reconstruction and development projects, mine actions which can be financed within the framework of any of those programs or projects will continue to be financed from the budget line on which these the principal action is activities may be complemented or supported by mine actions financed under this Regulation. financed. Where necessary, (d) to respond to humanitarian emergency, prevent casualties and assist the rehabilitation of mine victims; Article 3 (e) to support the in-country trial and introduction into oper- ational use of appropriate mine action equipment and tech- niques. The operations 2. comprise all activities related to mine action, including financed under this Regulation may (a) mine awareness education; (b) training of specialist personnel; (c) survey and marking of suspected areas; (d) detection and identification of landmines; The operations financed under this Regulation shall mainly benefit countries which are parties to the Ottawa Convention. Exceptions may be made for humanitarian emergency, for assistance to mine victims, and for actions in direct support of vulnerable civil communities, such as refugees and displaced persons, or where the national administration is not func- tioning. Article 4 1. Partners eligible for financial support under this Regu- lation may include regional and international organisations and agencies, non-governmental organisations, national, prov- incial and local governments departments and agencies, institutes, and public and private operators with appropriate specialised expertise and experience. (e) de-mining (mine clearance to humanitarian standards) and landmine destruction; (f) victim assistance and rehabilitation; 2. Participation in invitations to tender and the award of contracts shall be open on equal terms to natural and legal persons of the Member States and of the recipient country. In exceptional cases which are fully justified, participation may be extended to third countries. 29. 8. 2000 EN Official Journal of the European Communities C 248 E/117 Article 5 Community aid under this Regulation may be used to 1. finance technical assistance, training, personnel or other services related to mine action; trials of equipment and tech- niques; logistical support, procurement, provision and storage of any equipment, the implementation of mine actions; studies and conferences and measures to strengthen international coordination of mine action; evaluation and monitoring missions; activities to raise public awareness; as well as the costs of highlighting the Community nature of the aid. supplies and works needed for Community financing under this Regulation shall take the 2. form of grants. The operations covered by this Regulation shall be 3. exempt from taxes, charges, duties and customs duties. Article 6 those laid down in Articles 116 and 118 of the Financial Regu- lation applicable to the general budget of the European Communities. Financing decisions exceeding EUR 3 million shall be 2. taken under the procedure laid down in Article 6(2), with the exception of emergency action set out in Article 9. 3. The Commission shall inform the Committees referred to in Article 6 succinctly of any financing decisions of less than EUR 3 million in value. This information shall be made available not later than two months following the adoption of the financing decision. 4. The Commission may take decisions amending financing decisions adopted in accordance with the procedure laid down in Article 6(2), where they do not entail any substantial amendments or additional commitments in excess of 20 % of the initial commitment. The Commission shall be assisted by the relevant the the 1. geographical committee composed of representatives of Member States and chaired by the representative of Commission. Article 9 The Commission shall decide on emergency action for 1. any amount not in excess of EUR 5 million. reference the 2. Where management procedure the Decision 1999/468/EC shall apply, in compliance with Article 7(3) and Article 8 thereof. is made to this paragraph, laid down in Article 4 of The period provided for in Article 4(3) of Decision 3. 1999/468/EC shall be three months. Article 7 information, The Commission shall, on the basis of a reciprocal and 1. including the exchange of regular exchange of information on the spot, ensure the effective coordination of the assistance efforts undertaken by the Community and indi- vidual Member States, in order to increase the coherence and complementarity of their programmes. 2. The Commission may seek opportunities for co-financing with other providers of funds, especially with Member States. The Commission shall promote coordination and coop- in particular international contributors, 3. eration with other those which form part of the United Nations system. The necessary measures shall be taken to give visibility to 4. the contribution by the Community. Article 8 1. The Commission shall appraise, decide, and administer operations covered by this Regulation in accordance with the budgetary and other procedures in force, and in particular and to meet immediate Operations 2. unforeseeable requirements generated by sudden natural or man-made disasters, such as floods, famine, migration of large groups of people towards mine-afflicted areas, sudden peace settlements, or comparable situations, as well as urgent assistance in the implementation of peace agreements, shall be deemed to necessitate emergency action. 3. Where operations fulfil these conditions and are in excess of EUR 3 million, the Commission, having adopted its decision, shall (a) inform the Member States in writing within two working days, (b) account for its decision at the Committee concerned, in particular giving the reasons for its use of the emergency procedure. the next meeting of Article 10 1. Projects shall be prioritised and appraised in terms of their relevance and cost effectiveness and, where appropriate, reconstruction integrated into the wider development or framework of the country or region in question. 2. Wherever possible, the project should be clearly inte- grated within a national anti-personnel landmines programme coordinated by the beneficiary government or by an inter- national that purpose. The aim should be for the project to be taken over, in due course, by the beneficiary government itself in order to enhance local capacity and the sustainability of the project. institution mandated for C 248 E/118 EN Official Journal of the European Communities 29. 8. 2000 Article 11 Article 13 All financing agreements or contracts concluded under this Regulation shall provide for the Commission and the Court of Auditors to conduct on-the-spot checks according to the usual procedures laid down by the Commission under the rules in force, and in particular those of the Financial Regu- lation applicable to the general budget of the European Communities (1). In addition, the Commission may carry out on-the-spot checks and inspections in conformity with Regulation No 2185/96 (2). The measures taken by the Commission shall provide for the the adequate protection of Community in conformity with Regulation No 2988/95 (3). financial interests of Article 12 for action coordination and To facilitate multi-annual mine programming, an APL Strategy Paper comprising horizontal guidelines and priorities for Community mine actions and regularly be the benchmarks their achievement, It presented to the Committees concerned, shall indicative as programme and shall refer to existing mine action programmes at country and regional levels, to the contributions of other donors including Member States and to Community mine actions funded from other budget lines. shall for discussion. a multi-annual issues cover such The Commission shall 1. regularly assess mine actions financed by the Community in order to establish whether the objectives of the operations have been achieved and to provide guidelines for improving the effectiveness of future operations. The Commission shall regularly inform the European 2. its mine Parliament and the Council of actions. It shall submit a report summarising Community mine action in the previous year to the European Parliament and to the Council by 30 April each year at the latest, and evaluate the implementation of this Regulation. the progress of Article 14 submit the Three years after entry into force of Commission shall the an overall operations financed by the Community under this Regulation to the European Parliament and the Council, together with suggestions for the future of the regulation and, as necessary, proposals for amendments to it. this Regulation, assessment of Article 15 into force on the third day This Regulation shall enter following that of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. (1) OJ L 356, 31. 12. 1977, p. 1. (2) OJ L 292, 15. 11. 1996, p. 2. (3) OJ L 312, 23. 12. 1995, p. 1