51996AP0113

A4-0113/96

Proposal for a Council Regulation on HIV/AIDS-related operations in developing countries (COM(95)0293 - C4-0335/95 - 95/0164(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Title

>Original text>

Proposal for a Council Regulation (EC) on HIV/AIDS-related operations in developing countries

>Text following EP vote>

Proposal for a Council Regulation (EC) on operations concerning HIV/AIDS and sexually transmitted diseases in developing countries

(Amendment 2)

Recital 1

>Original text>

Whereas the budgetary authority decided, in the framework of the 1988 budget, to create a budgetary line designed to support the fight against the HIV/AIDS epidemic;

>Text following EP vote>

Whereas the budgetary authority decided, in the framework of the 1988 budget, to create a budgetary line designed to support the fight against the HIV/AIDS epidemic whereby it would seek to develop innovative measures, not merely measures complementing those already implemented at other levels;

(Amendment 3)

Recital 3

>Original text>

Whereas HIV/AIDS is no longer an emerging epidemic, but has become a pandemic spread throughout the whole world, and is evolving with different social and political implications, depending on the regions and/or countries in question, and thus requires a structural and multisectoral response;

>Text following EP vote>

Whereas HIV/AIDS is no longer an emerging epidemic, but has become a pandemic spread throughout the whole world, and is evolving with different social and political implications, depending on the regions and/or countries in question, and thus requires an appropriate structural and multisectoral response which is beyond the financial and personnel resources of most developing countries;

(Amendment 40)

Recital 3a (new)

>Text following EP vote>

Whereas many scientists believe that HIV infection alone may not lead to AIDS, and that various immuno-suppressant co-factors are necessarily involved;

(Amendment 41)

Recital 3b (new)

>Text following EP vote>

Whereas these co-factors include inadequate diet and with malnutrition, stress due to precarious living conditions and an unhygienic living environment;

(Amendment 4)

Recital 5a (new)

>Text following EP vote>

Whereas, in its resolution of 15 November 1995 on the communication from the Commission to the Council and the European Parliament on the AIDS policy of the Community and the Member States in the developing world1, the European Parliament called for a considerable increase in resources and for a detailed action programme to stem the spread of the epidemic and to alleviate the social and economic repercussions;

1 OJ C 323, 4.12.1995, p. 45.

(Amendment 5)

Recital 6

>Original text>

Whereas the calls of both the Council and Parliament for increased Community involvement in this field;

>Text following EP vote>

Whereas both the Council and Parliament have called for increased Community involvement in this field in particular for the benefit of the most disadvantaged groups in the poorest developing countries;

(Amendment 6)

Article 1, 2nd paragraph, 1st indent

>Original text>

- promoting an effective policy to prevent HIV/AIDS from being transmitted sexually, perinatally or through the blood,

>Text following EP vote>

- promoting an effective policy to prevent HIV/AIDS from being transmitted sexually, perinatally or through the blood, and to prevent and treat sexually transmitted diseases, in particular by stepping up communication, information and training activities, and by funding health information and prevention campaigns promoting the correct use of all means of protection, particularly condoms; such campaigns should be planned with the involvement of such mass media as are capable of reaching the population,

(Amendment 45)

Article 1, 2nd paragraph, 2nd indent

>Original text>

- breaking the 'poverty-instability-HIV/AIDS' cycle, with particular attention being accorded to groups in high-risk environments (refugees, migrants etc.),

>Text following EP vote>

- breaking the 'poverty-instability-HIV/AIDS' cycle, with particular attention being accorded to groups in high-risk environments (refugees, migrants, itinerant workers, soldiers, prisoners, prostitutes etc.),

(Amendment 43)

Article 1, 2nd paragraph, 2nd indent a (new)

>Text following EP vote>

- stressing the need to reduce the co-factors which cause AIDS, such as extreme poverty, malnutrition and inadequate diet and poor hygiene,

(Amendment 9)

Article 1, 2nd paragraph, 3rd indent

>Original text>

- reinforcing health and social services so that they can cope with the growing demands of the spreading epidemic,

>Text following EP vote>

- reinforcing health and social services so that they can cope with the growing demands of the spreading epidemic, particularly by promoting educational programmes primarily aimed at the young, such as sexual education courses that respect their cultural identity,

(Amendment 10)

Article 1, 2nd paragraph, 3rd indent a (new)

>Text following EP vote>

- promoting and developing both regional and international medical cooperation exchanges,

(Amendment 11)

Article 1, 2nd paragraph, 3rd indent b (new)

>Text following EP vote>

- including action against AIDS in the general measures against other diseases which still exist in the developing countries by improving primary health care,

(Amendment 12)

Article 1, 2nd paragraph, 3rd indent c (new)

>Text following EP vote>

- promoting a dialogue with the religious communities that continue to reject an open and wide-ranging anti-AIDS campaign,

(Amendment 13)

Article 1, 2nd paragraph, 3rd indent d (new)

>Text following EP vote>

- promoting a policy aimed at ensuring respect for the fundamental human rights referred to in the decisions of the Fourth World Women's Conference in Beijing,

(Amendment 14)

Article 2, 1st indent

>Original text>

- sexual and reproductive health education adapted specially to make it accessible to the target groups, people in high-risk environments and young people and women generally,

>Text following EP vote>

- sexual and reproductive health education adapted specially to make it accessible to the target groups, people in high-risk environments and young people, women and their partners generally, with opinion leaders and the mass media being involved to provide information in an appropriate and generally understandable manner,

(Amendment 15)

Article 2, 2nd indent

>Original text>

- better prevention of the transmission of HIV and sexually transmitted diseases and better treatment of the latter diseases,

>Text following EP vote>

- promotion and improvement of measures aimed at prevention of the transmission of HIV and sexually transmitted diseases and better treatment of the latter diseases,

(Amendment 16)

Article 2, 3rd indent

>Original text>

- improving the availability and use of different means and methods of protection,

>Text following EP vote>

- improving the availability and use of different means and methods of protection, in particular by means of improved information and through the promotion, distribution and social marketing of condoms,

(Amendment 17)

Article 2, 3rd indent a (new)

>Text following EP vote>

- the promotion of methods for systematic HIV/AIDS screening among the populations in the developing countries,

(Amendment 18)

Article 2, 3rd indent b and c (new)

>Text following EP vote>

- increasing the availability of medicinal products intended to treat sexually transmitted diseases,

>Text following EP vote>

- a study with a view to setting up, at the instigation of the Union, of a solidarity instrument to improve the treatment of people affected by HIV in the poorest countries. For this purpose, the best financial approach for securing north-south equality of treatment should be identified in conjunction with the UN agencies, NGOs concerned and pharmaceutical laboratories, and in cooperation with the health care systems of the developed countries, in particular those of the Union,

(Amendment 19)

Article 2, 4th indent

>Original text>

- strengthening health services, particularly in outlying areas, in order to expand prevention and care, and improving the safety of blood transfusions;

>Text following EP vote>

- strengthening health services and care establishments, particularly in outlying areas, in order to expand prevention and care, and improving the safety of blood transfusions;

(Amendment 20)

Article 2, 6th indent

>Original text>

- technical and financial support to enable NGOs and grassroots groups to optimize their contribution to prevention and care, notably through help with the formation of networks;

>Text following EP vote>

- technical and financial support to enable NGOs to optimize their contribution to prevention and care, notably through help with the formation of networks seeking to improve the effectiveness of operations and to strengthen information, coordination and collaboration between all those involved,

(Amendment 21)

Article 2, 6th indent a (new)

>Text following EP vote>

- involving local communities in the devising of local strategies for information campaigns and sexual education programmes,

(Amendment 23)

Article 2, 8th indent

>Original text>

- the promotion of respect for human rights and freedom from discrimination and stigma for those living with the virus, in particular by putting an appropriate legal framework in place.

>Text following EP vote>

- the promotion of respect for human rights and freedom from stigma, isolation and/or ghettoization (e.g. of refugees and migrants) for those living with the virus, by means of public awareness campaigns and prevention of discrimination, in particular by putting an appropriate legal framework in place,

(Amendment 46)

Article 2, 8th indent a (new)

>Text following EP vote>

- improving national epidemiological surveillance notification and statistical systems, and setting up a data bank and a network allowing the systems to be linked up;

(Amendment 25)

Article 2, 8th indent b (new)

>Text following EP vote>

- support for information and training programmes for local health workers,

(Amendment 26)

Article 2, 8th indent c (new)

>Text following EP vote>

- efforts to ensure on the one hand that use is made of other projects of a general nature so as to enable all project participants to offer health education and prevention simultaneously, and on the other hand that the general projects do not conflict with the campaign against AIDS,

(Amendment 27)

Article 2, 8th indent d (new)

>Text following EP vote>

- support of programmes which aim to increase women's decision-making power in all spheres of the health sector including those relating to sexual relations, and to increase male awareness and responsibility for safe sexual behaviour.

(Amendment 22)

Article 2, 2nd paragraph (new)

>Text following EP vote>

All AIDS prevention and control programmes shall respect human rights, and cultural and religious characteristics insofar as they are compatible with action against this disease.

(Amendment 28)

Article 3

>Original text>

The agents of cooperation eligible for financial support under this Regulation include national, regional and local government departments and agencies, local authorities and other local bodies, regional organizations, international organizations, research institutes and universities, local communities and the private sector, including non-governmental organizations and grassroots associations able to contribute whatever expertise they have to the design, implementation and monitoring of the priority strategies in the HIV/AIDS field described in Article 2.

>Text following EP vote>

The agents of cooperation eligible for financial support under this Regulation include national, regional and local government departments and agencies, local authorities and other local bodies, including traditional social structures, regional organizations, international organizations, research institutes and universities, local communities, non-governmental organizations, including women's NGOs and associations, and the private sector, able to contribute whatever expertise they have to the design, implementation and monitoring of the priority strategies in the HIV/AIDS field described in Article 2. Efforts shall be made to ensure the even distribution of the sexes among cooperation partners.

(Amendment 29)

Article 4(1)

>Original text>

1. The instruments to be employed in the course of the activities referred to in Article 1 include studies, technical assistance, training or other services, supplies and works, along with audits and evaluation and monitoring missions. Priority shall be given to enhancing national capacities, particularly through training with a view to long-term viability.

>Text following EP vote>

1. The instruments to be employed in the course of the activities referred to in Article 2 include technical assistance, training or other services, supplies and works, along with evaluating and monitoring audits, whose cost shall be submitted to the budgetary authority before the first reading of each budget. Priority shall be given to enhancing national capacities, particularly through training programmes designed to increase the beneficiary countries' involvement in, and autonomy in relation to, measures to control the spread of the virus.

(Amendment 30)

Article 4(3a) (new)

>Text following EP vote>

3a. A financial contribution from local partners, in particular to operating costs, shall be sought as a priority in cases where a project is designed as a start-up for an ongoing activity, in order to ensure the sustainability of such projects after Community funding has ceased.

(Amendment 31)

Article 4(5)

>Original text>

5. In order to reinforce coherence and complementarity between the actions financed by the Community and those financed by the Member States, with the aim of guaranteeing optimal efficiency of the totality of these actions, the Commission will take all necessary coordination measures, notably:

>Text following EP vote>

5. In order to reinforce coherence and complementarity between the actions financed by the Community, the Member States and other bilateral and international donors with the aim of guaranteeing optimal efficiency of the totality of these actions, the Commission will take all necessary coordination measures, notably:

>Original text>

(a) the establishment of a system for the systematic exchange of information on actions financed or for which financing is foreseen by the Community and the Member States;

>Text following EP vote>

(a) the establishment of a system for the systematic exchange of information on actions financed or for which financing is foreseenby the Community, the Member States and other bilateral and other international donors;

>Original text>

(b) on the spot coordination of these actions by means of regular meetings and exchange of information between the representatives of the Commission and Member States in the beneficiary country or countries concerned.

>Text following EP vote>

(b) on the spot coordination of these actions by means of regular meetings and exchange of information between the representatives of the donors in the beneficiary country or countries concerned.

(Amendment 32)

Article 4(5a) (new)

>Text following EP vote>

5a. The Commission shall each year submit the results of its attempts to secure co-funding and partnership to the European Parliament, so that the latter may exercise political and budgetary control.

(Amendment 33)

Article 6(5)

>Original text>

5. 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. It may be extended to other developing countries and, in exceptional cases which are fully justified, to third countries.

>Text following EP vote>

5. 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, the recipient country and other developing countries. It may be extended, in exceptional cases which are fully justified, to third countries.

(Amendment 34)

Article 6(6)

>Original text>

6. Supplies shall originate in the Member States, the recipient country or other developing countries. In exceptional cases, where circumstances warrant, supplies may originate elsewhere.

>Text following EP vote>

6. Supplies should originate in the Member States, the recipient country or other developing countries. Exceptions may be made by arrangement with the responsible department, particularly in cases where the participants would otherwise incur higher costs or a disproportionate burden.

(Amendment 35)

Article 7(2), 2nd subparagraph a (new)

>Text following EP vote>

The committee shall meet as a rule in public, unless a specific duly motivated decision is taken to the contrary and published in good time. It shall publish agendas two weeks before its meetings. It shall publish minutes of its meetings. It shall establish a public register of declarations of interest by its members.

(Amendment 36)

Article 8

>Original text>

An exchange of views will take place, once a year, on the basis of a presentation by the Commission's representative of general guidelines for the operations to be carried out in the year ahead, in the framework of a joint meeting of the three committees mentioned in Article 7(1).

>Text following EP vote>

An exchange of views will take place, once a year, on the basis of a presentation by the Commission's representative of general guidelines for the operations to be carried out in the year ahead, in the framework of a joint meeting of the three committees mentioned in Article 7(1). The Commission shall establish the general guidelines to be presented on the basis of consultations held with the authorities, partner organizations and beneficiaries in the countries receiving assistance.

(Amendment 37)

Article 9

>Original text>

After each budget year, the Commission shall report to Parliament and the Council, summarizing the operations financed in the course of that year and evaluating the implementation of this Regulation in that period.

>Text following EP vote>

Before 1 September in each budget year, the Commission shall report to Parliament and the Council, listing the partners involved in co-funded operations and the percentage of co-funding, summarizing the operations financed in the course of that year and providing a costed evaluation of the implementation of this Regulation in that period.

>Original text>

The summary shall in particular contain information about those with whom contracts have been concluded.

>Text following EP vote>

The summary shall in particular give details of those with whom contracts have been concluded.

>Original text>

The report shall also set out the conclusions of any independent evaluations of specific operations.

>Text following EP vote>

The report shall also include a summary, giving figures, of any independent evaluations of specific operations.

(Amendment 39)

Article 10, 1st paragraph a (new)

>Text following EP vote>

It shall be subject to review five years after it comes into force.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation on HIV/AIDS-related operations in developing countries (COM(95)0293 - C4-0335/95 - 95/0164(SYN))

(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(95)0293 - 95/0164(SYN) ((OJ C 252, 28.9.1995, p. 4.)),

- having been consulted by the Council pursuant to Articles 189c and 130w of the EC Treaty (C4-0335/95),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Development and Cooperation and the opinions of the Committee on Budgets, the Committee on Budgetary Control and the Committee on Women's Rights (A4-0113/96),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to amend its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

4. Calls for the conciliation procedure to be opened if the Council should intend to depart from the text approved by Parliament;

5. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

6. Instructs its President to forward this opinion to the Council and Commission.