51999AP0254

A4-0254/99

Proposal for a European Parliament and Council Regulation on measures to promote full integration of the environmental dimension in the development process of developing countries (COM(99)0036 - C4-0130/99 - 99/0020(COD) - formerly 99/0020(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Title

>Original text>

Proposal for a Council Regulation on measures to promote the full integration of the environmental dimension in the development process of developing countries.

>Text following EP vote>

Proposal for a Council Regulation on measures to promote the full integration of the environmental dimension

in EC external policies and in the development process of developing countries.

(Amendment 2 )

Recital 1

>Original text>

(1) Whereas depletion of natural resources and environmental degradation have direct effects on economic development and especially on the livelihoods of local communities and thus counteract the alleviation of poverty through sustainable development;

>Text following EP vote>

(1)

Whereas depletion of natural resources and environmental degradation have direct effects on economic development and especially on the livelihoods of local and indigenous communities and thus counteract the alleviation of poverty through sustainable development;

(Amendment 3)

Recital 2

>Original text>

(2) Whereas current patterns of production and consumption have undeniable transboundary and global consequences, in particular where the atmosphere, the hydrosphere, and biological diversity are concerned;

>Text following EP vote>

(2)

Whereas current patterns of production and consumption have undeniable transboundary and global consequences, in particular where the atmosphere, the hydrosphere, soil condition, and biological diversity are concerned;

(Amendment 4)

Recital 7

>Original text>

(7) Whereas the European Parliament and the Council adopted on 24 September 1998 the review of the European Community programme of policy and action in relation to the environment and sustainable development 'Towards sustainability¨, calling for a strengethened role for the Community in international cooperation in environment and sustainable development;

>Text following EP vote>

(7)

Whereas the European Parliament and the Council, by decision of 24 September 1998, adopted a revised version of the European Community programme of policy and action in relation to the environment and sustainable development 'Towards Sustainability¨, calling for a strengthened role for the Community in international cooperation in environment and sustainable development;

(Amendment 5)

Recital 7a (new)

>Original text>

>Text following EP vote>

(7a) Whereas the basic strategy of the programme is to achieve full integration of environmental policy in other policies, including development policy; whereas the Decision on the revised programme is binding on the institutions in respect of the objectives and priorities that the programme lays down; whereas the Decision recognises the need for further and still more progressive objectives and measures beyond the year 2000 to maintain the momentum of Community action; whereas the Decision calls on the Commission to come forward with appropriate proposals to give effect to the programme's objectives and recalls that the need to integrate environmental considerations into Community policy and action should be translated into more operational terms; whereas the present Regulation affords an opportunity to implement the objectives laid down by the Programme within the sphere of development policy and other external policies;

(Amendment 6)

Recital 8a (new)

>Original text>

>Text following EP vote>

(8a) Whereas the Community should adopt a twin-track approach, on the one hand, of integrating environmental policy with its development policy and other external policies, and, on the other, of encouraging the partner countries with which it cooperates to adopt the same objective of policy integration in favour of sustainable development; whereas the Community must, through its internal and external policies, set a good example in this respect for the countries with which it is linked through development cooperation;

(Amendment 7)

Recital 9a (new)

>Original text>

>Text following EP vote>

(9a) Whereas the Council resolution on indigenous peoples within the framework of the development cooperation of the Community and the Member States as well as the Commission paper on support for indigenous peoples in the development co-operation of the Community and the Member States stress the importance of the role of indigenous peoples for sustainable environmentally sound development based on indigenous development priorities and the promotion of 'self-development¨ of indigenous communities;

(Amendment 8)

Recital 12

>Original text>

(12) Whereas the financial instruments available to the Community for sustainable development in developing countries could be usefully supplemented,

>Text following EP vote>

(12)

Whereas the special financial instruments available to the Community for conservation and sustainable development should be supplemented by an instrument intended to favour environmental protection exclusively in the developing countries,

(Amendment 9)

Recital 12a (new)

>Original text>

>Text following EP vote>

(12a) Whereas, in view of the scale of environmental problems, the coordination of all EU financial instruments and policies is necessary with a view to achieving sustainability;

(Amendment 10)

Recital 14

>Original text>

(14) Whereas measures need to be taken to finance the activities covered by this Regulation.

>Text following EP vote>

(14)

Whereas measures need to be taken to finance the activities covered by this Regulation; whereas the success of the activities carried out under Regulation (EC) No 722/97 should be taken into account; whereas the financial amount indicated in that Regulation should be considered as an absolute minimum for the annual implementation of this Regulation;

(Amendment 11)

Recital 14a (new)

>Original text>

>Text following EP vote>

(14a) Whereas in accordance with Article 274 of the Treaty, the Commission shall be responsible for implementing the budget;

(Amendment 12)

Recital 15

>Original text>

(15) Whereas detailed rules for implementation, and in particular the form of action, the recipients of the aid and the decision-making procedure should be laid down;

>Text following EP vote>

(15)

Whereas detailed rules for implementation, and in particular the form of action, the recipients of the aid and the decision-making procedure should be laid down; whereas an advisory committee procedure is the most appropriate arrangement; whereas Council Decision 87/373/EEC(*) lays down the procedures for the exercise of powers conferred on the Commission by the Council for the implementation of acts which it adopts; whereas the procedures will need to be revised to take account of the entry into force of the Amsterdam Treaty and of possible modifications of existing arrangements laid down by interinstitutional agreement or by Decision 87/373/EEC;

(*) OJ L 197, 18.7.1987, p. 33.

(Amendement 13)

Recital 15a (new)

>Original text>

>Text following EP vote>

(15a) Whereas a Modus Vivendi between the European Parliament, the Council and the Commission concerning the implementing measures for certain acts was concluded on 20 December 1994(*);

(*) OJ C 102, 4.4.1996, p. 1.

(Amendment 14)

Article -1 (new)

>Original text>

>Text following EP vote>

Article -1

In accordance with the Treaty, the Community shall implement a policy for the full integration of environmental policy in development policy and in other external policies which have an impact on development and environment policies. This policy shall be implemented in accordance with the European Parliament and Council Decision No. 2179/98/EC establishing a revised European Community programme of policy and action in relation to the environment and sustainable development 'Towards sustainability¨ and any further decisions adopted pursuant to Article 175(3) of the Treaty.

>Original text>

>Text following EP vote>

This policy shall have two components:

>Original text>

>Text following EP vote>

(a) a strategy for integrating environment policy in the Community's development policy and in other policies which have an impact on development and environment policies;

>Original text>

>Text following EP vote>

(b) measures to promote the full integration of environmental policy in the development process of developing countries.

>Original text>

>Text following EP vote>

These components shall be complementary and shall be pursued by the Commission in parallel, with the aim of ensuring that the Community as far as possible sets an example of best practice to developing countries.

(Amendment 15)

Article -1a (new)

>Original text>

>Text following EP vote>

Article -1a

For the purpose of Article -1, second paragraph, point (a), the Commission shall carry out an environmental audit of existing Community development policy and shall establish those areas of activity in need of improvement or additional action.

>Original text>

>Text following EP vote>

It shall report to the European Parliament and the Council by 31 December 2000 at the latest on its findings, including a summary of the legislative and other initiatives which it proposes to take together with a timetable for their adoption. The report shall be accompanied in particular by appropriate proposals for the review and extension of this Regulation.

>Original text>

>Text following EP vote>

The Commission shall ensure that appropriate attention is paid to the requirements of this Article when it comes to propose its legislative work programme for the year 2002.

(Amendment 16)

Article 1(2a) (new)

>Original text>

>Text following EP vote>

2a. For the purposes of this Regulation, 'sustainable development' shall mean improving the quality of human life within the limits of the underlying ecosystem's capacity to support current and future generations.

(Amendment 17)

Article 2(1)

>Original text>

1. The activities to be carried out under this Regulation shall serve the purpose of elaborating and promoting policies, strategies, tools and technologies for the pursuit of sustainable development.

>Text following EP vote>

1.

The activities to be carried out under this Regulation shall serve the purpose of elaborating, promoting and implementing policies, strategies, programmes and projects, together with tools and technologies for the pursuit of sustainable development.

(Amendment 18)

Article 2(2), 2nd indent

>Original text>

- transboundary environmental issues, in particular air and water pollution

>Text following EP vote>

-

transboundary environmental issues, in particular air, soil, and water pollution

(Amendment 19)

Article 2(2), 4th indent a (new)

>Original text>

>Text following EP vote>

- the inclusion in development cooperation projects of an environmental component which distinguishes, identifies and assesses the sustainable dimension of these projects;

(Amendment 20)

Article 2(2), 5th indent

>Original text>

- sustainable management and use of natural and environmental resources in all productive sectors of the economy;

>Text following EP vote>

-

sustainable management and use of natural and environmental resources in all sectors and in particular the productive sectors of the economy;

(Amendment 21)

Article 2(2), 5th indent a new

>Original text>

>Text following EP vote>

- environmental problems caused by the non-sustainable use of resources due to poverty;

(Amendment 22)

Article 2(2), 6th indent

>Original text>

- conservation of biological diversity, the sustainable use of its components, and the fair and equitable sharing of the benefits arising out of the utilisation of genetic resources;

>Text following EP vote>

-

conservation of biological diversity - especially by protecting ecosystems and habitats and the conservation of speciesdiversity, - the sustainable use of its components, theinvolvement of holders of traditional knowledge on the use of biological diversity, and the fair and equitable sharing of the benefits arising out of the utilisation of genetic resources;

(Amendment 23)

Article 2(2), 8th indent a (new)

>Original text>

>Text following EP vote>

- the management of wetlands;

(Amendment 24)

Article 2(2), 9th indent a (new)

>Original text>

>Text following EP vote>

- environmental impacts of non-sustainable forms of agriculture and the promotion of sustainable forms of agriculture;

(Amendment 25)

Article 2(2), 10th indent

>Original text>

- urban environment problems relating inter alia to solid and liquid waste, air pollution and noise, and the quality of drinking water;

>Text following EP vote>

- town and country planning and in particular urban environment problems relating inter alia to transport, solid liquid and hazardous waste, air pollution and noise, waste water and the quality of drinking water;

(Amendment 26)

Article 2(2), 10th indent a (new)

>Original text>

>Text following EP vote>

- environmental problems related to industrial activities;

(Amendment 27)

Article 2(2), 11th indent

>Original text>

- sustainable production and use of energy

>Text following EP vote>

-

sustainable production and use of energy and in particular encouraging the use of renewable energy sources, increasing energy efficiency, energy saving and the replacement of especially damaging energy sources by others which are less so;

(Amendment 28)

Article 2(2), 12th indent a (new)

>Original text>

>Text following EP vote>

- information campaigns on hazardous substances and toxic waste and pesticides in particular;

(Amendment 29)

Article 2(2), 12th indent b (new)

>Original text>

>Text following EP vote>

- the promotion of trade in products that have been produced in a sustainable manner;

(Amendment 30)

Article 2(3), 3rd indent

>Original text>

- the elaboration of policies, plans and strategies for sustainable development;

>Text following EP vote>

-

the elaboration of policies, plans, strategies, programmes and projects for sustainable development;

(Amendment 31)

Article 2(3), 3rd indent a (new)

>Original text>

>Text following EP vote>

- support for the elaboration of development priorities and self-development capacities of indigenous and local communities;

(Amendment 32)

Article 2(3), 4th indent

>Original text>

- the formulation of guidelines and operational manuals aimed at promoting sustainable development and environmental integration;

>Text following EP vote>

-

the formulation of guidelines, operational manuals and instruments aimed at promoting sustainable development and environmental integration in particular in the form of public databases and databanksfor example on the internet (open to the public);

(Amendment 33)

Article 2(3), 6th indent a (new)

>Original text>

>Text following EP vote>

- observance of special environmental standards (in particular labels and certification);

(Amendment 34)

Article 2(3), 7th indent

>Original text>

- raising awareness of local populations and key actors in the development process and development cooperation with regard to the implications of sustainable development, in particular through information campaigns and training;

>Text following EP vote>

-

raising awareness of local populations and key actors in the development process and development cooperation with regard to the implications of sustainable development with particular reference to the problems arising from population growth, migration and relocation, in particular through information campaigns and training;

(Amendment 36)

Article 2(4), 1st indent

>Original text>

- the linkage with the overall objective of poverty alleviation;

>Text following EP vote>

-

the linkage with the overall objective of eradicating poverty, in respect of the interrelationship between poverty and environment on both the level of the individual as well as the level of society as a whole for example in the case of sustainable use of natural resources;

(Amendment 37)

Article 2(4), 1st indent a (new)

>Original text>

>Text following EP vote>

- regional projects or projects which help to strengthen regional cooperation in the area of sustainable development;

(Amendment 38)

Article 2(4), 3rd indent

>Original text>

- active involvement and support of local populations, including indigenous communities;

>Text following EP vote>

- prior information, active involvement and support of local populations, including indigenous communities;

(Amendment 39)

Article 2(4), 6th indent a (new)

>Original text>

>Text following EP vote>

- the dynamics of the links between international environmental instruments and human rights;

(Amendment 40)

Article 3

>Original text>

Aid recipients and cooperation partners shall include not only States and regions but also international organizations, decentralised departments, regional bodies, public agencies, traditional and local communities, private operators and industries, including cooperatives and NGOs and associations representing local people.

>Text following EP vote>

Aid recipients and cooperation partners shall include not only States and regions but also international organizations, decentralised departments, regional bodies, public agencies,

indigenous and local communities, private operators and industries, including cooperatives and NGOs and associations representing local people.

(Amendment 41)

Article 4(1), 2nd paragraph a (new)

>Original text>

>Text following EP vote>

For projects aiming at the preservation of biological diversity or the conservation of ecosystems, the purchase of real estate shall be allowed with due respect for economic, social and cultural rights as well as land rights of the local population, and in particular of indigenous peoples.

(Amendment 42)

Article 4(1a) (new)

>Original text>

>Text following EP vote>

1a. In order to enhance the efficiency of this instrument and when the occasion arises the Commission shall give priority to those projects and programmes that are demand-driven i.e. those projects and programmes that meet the demands as formulated by the actors in the developing countries themselves.

>Original text>

>Text following EP vote>

In case only few demand-driven projects are presented to the Commission, the Commission may take action to stimulate initiatives that comply with the 'demand¨ criteria, especially in the developing countries.

(Amendment 43)

Article 4(3a) (new)

>Original text>

>Text following EP vote>

3a. In order to establish sufficient flexibility in the distribution of funds between the eligible themes as set out in the financial memorandum of this Regulation the indicative schedule shall be adjusted promptly if the indicated priorities are not in line with the future applications for financing from the developing countries.

(Amendment 44)

Article 4(5)(b)

>Original text>

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

>Text following EP vote>

(b)

on-the-spot coordination of these operations by means of regular meetings and exchange of information between the representatives of the Commission and Member States in the beneficiary country, the representatives of the beneficiary countries and the local partners (NGOs, grassroots communities and associations).

(Amendment 45)

Article 4(5)(ba) (new)

>Original text>

>Text following EP vote>

(ba) coordination of operations financed under this Regulation with operations financed by the European Union under other regulations or programmes.

(Amendment 46)

Article 5, 2nd paragraph (new)

>Original text>

>Text following EP vote>

Notwithstanding the other measures that the Commission shall take to protect the Community's financial interests, bank or credit guarantees should not be required where such a requirement would preclude the participation of the recipients and partners identified in Article 3.

(Amendment 47)

Article 6(2)

>Original text>

2. Decisions relating to grants of more than EUR 2 million for individual operations financed under this Regulation shall be adopted under the procedure laid down in Article 7.

>Text following EP vote>

2.

Decisions relating to grants of more than EUR 5 million for individual operations financed under this Regulation and any changes resulting in an increase of more than 20% in the sum initially approved for such an operation shall be adopted under the procedure laid down in Article 7.

>Original text>

The Commission shall inform the Committee referred to in Article 7 succinctly of any financing decisions it intends to take with regard to projects and programmes of less than EUR 2 million in value. The information shall be made available not later than one week before the decision is taken.

>Text following EP vote>

The Commission shall inform the Committee referred to in Article 7 succinctly of any financing decisions it intends to take with regard to projects and programmes of less than EUR

5 million in value. The information shall be made available not later than one week before the decision is taken.

(Amendment 48)

Article 6(6)

>Original text>

6. Participation in invitations to tender and the award of contracts shall be open on equal terms to all natural and legal persons of the Member States and of the recipient country. It may be extended to other developing countries.

>Text following EP vote>

6.

Participation in invitations to tender and the award of contracts shall be open on equal terms to all natural and legal persons of the Member States, the recipient countries and other developing countries.

(Amendment 49)

Article 6(7)

>Original text>

7. 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>

7.

Supplies should come from the Member States, the recipient country or other developing countries, in particular other countries in the region. Exceptions may be made by arrangement with the competent authorities, particularly in cases where the participants would otherwise incur higher costs or a disproportionate burden.

(Amendment 50)

Article 6(8a) (new)

>Original text>

>Text following EP vote>

8a. The horizontal nature of the projects under this Regulation requires the establishment of an environmental monitoring unit which will be responsible for the coordination, linking and integration of the various aspects of development cooperation projects in order to maximise investigation and follow-up.

(Amendment 51)

Article 9(1) and (2)

>Original text>

1. After each budget year, the Commission shall submit an annual report to the European Parliament and the Council, summarising the operations financed in the course of that year and evaluating the implementation of this Regulation over that period.

>Text following EP vote>

1. By 1 September of each budget year, the Commission shall submit an annual report to the European Parliament and the Council, giving a list of the partners of co-funded operations and the percentage of co-funding, a summary of the operations financed in the course of that year and an evaluation, complete with figures, of the implementation of this Regulation over that period.

>Original text>

The summary shall in particular provide information about the nature and quantity of the projects financed and about those with whom contracts have been concluded. The report shall also include the number of external assessments carried out, if any, regarding specific activities.

>Text following EP vote>

This report shall contain information about the nature and quantity of the projects financed, the results obtained from the projects (or from earlier projects), those with whom contracts have been concluded and an overview of all the projects submitted and the reasons for the selection made.

>Original text>

2. The Commission shall regularly assess operations financed by the Community with a view to establishing whether the objectives aimed at by those operations have been achieved and to providing guidelines for improving the effectiveness of future operations. The Commission shall submit to the Committee referred to in Article 7 a summary of the assessments made which may, if appropriate, be examined by the Committee. The assessment reports shall be available to any Member States requesting them.

>Text following EP vote>

2.

The Commission shall regularly assess operations financed by the Community with a view to establishing whether the objectives aimed at by those operations have been achieved and to providing guidelines for improving the effectiveness of future operations. The Commission shall submit to the Committee referred to in Article 7 a summary of the assessments made which may, if appropriate, be examined by the Committee. The assessment reports shall be available to any Member States requesting them and the European Parliament if requested.

>Original text>

>Text following EP vote>

The report shall also include a quantified summary of any independent evaluations conducted of specific operations.

(Amendment 52)

Article 9(4a) (new)

>Original text>

>Text following EP vote>

4a.

The level of funding indicated under Regulation (EC) No 722/97 shall be taken as the indicative minimum for the annual implementation of the present Regulation. Budget appropriations may be used for technical assistance referred to in Article 4(1) first subparagraph, within the limit established by the annual decision of the budgetary authority, to cover technical and administrative assistance costs related to operations other than the permanent tasks of the public administration.

(Amendment 53)

Article 9a (new)

>Original text>

>Text following EP vote>

Article 9a

This Regulation shall be implemented on a coherent basis, taking into account the general principles outlined in Regulation (EEC) 443/92 on financial and technical assistance to, and economic cooperation with, the developing countries in Asia and Latin America(*) under the ACP-EC Convention and the current agreements with the southern Mediterranean countries, while also respecting the criteria common to all stages of projects from identification to assessment; these criteria shall be geared to the exchange of information, harmonisation of working methods and mutual cooperation at all stages of the project.

(*) OJ L 52, 27.2.1992, p.1.

Legislative resolution embodying Parliament's opinion on the proposal for a European Parliament and Council Regulation on measures to promote full integration of the environmental dimension in the development process of developing countries (COM(99)0036 - C4-0130/99 - 99/0020(COD))(Codecision procedure: first reading)

The European Parliament,

- having regard to the list of Commission proposals pending as at 1 May 1999 for which the entry into force of the Treaty of Amsterdam necessitates a change in legal basis and/or procedure,

- having regard to its resolution of 4 May 1999 on the implications of the entry into force of the Treaty of Amsterdam (list of proposals pending as at 1 May 1999 indicating new legal bases and any changes in legislative procedure following the entry into force of the Treaty of Amsterdam) ((Minutes of that sitting, Part II, Item 7.)),

- having regard to the Commission proposal to Parliament and the Council (COM(99)0036 - 99/0020(COD)) confirmed by the Commission on 3 May 1999 ((OJ C 47, 20.2.1999, p. 10.)),

- having regard to Articles 251(2), 175 and 179 of the EC Treaty pursuant to which the Commission submitted the proposal to Parliament (C4-0130/99),

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

- having regard to the report of the Committee on Development and Cooperation and the opinion of the Committee on Budgets (A4-0254/99),

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

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 approve all Parliament's amendments and definitively adopt the act thus amended;

4. Points out that the Commission is required to submit to Parliament any modification it may intend to make to its proposal as amended by Parliament;

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