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added |
-
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- 2004-04-26
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-
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PURPOSE : to establish rules for the access of interested
parties to Community external assistance instruments financed by
the general budget of the European Union.
PROPOSED ACT : Regulation of the European Parliament and of
the Council.
CONTENT : the purpose of this Regulation is to establish
the access to the instruments financing the Community external
assistance, for persons and goods. It defines criteria, specific
cases and derogations. The scope of this Regulation does not cover
all Community external assistance instruments such as the macro
financial assistance directly managed by the recipient country of
aid. Programmes with a thematic scope will be open to suppliers
from all developing countries and transition countries. Programmes
with a geographic scope will be open to nationals of the region
targeted by the programme in view of promoting regional
integration.
The prime objective of the proposed Regulation is to define the
principle and conditions for the access of persons and goods to
instruments managed by the EC. It can only de facto be achieved by
the Community.
The regulation should increase competitive bidding for the
supply of goods and services financed by development aid thereby
securing the best value for money of the EUR 3.5 billion in annual
EU development aid from the EU budget.
Tying of aid is the mechanism by which the procurement of goods
and services financed by development assistance is limited to
suppliers from the donor country. International studies have
indicated that the increased competition ensuing from the complete
untying of aid could generate an efficiency gain of up to 30% of
the aid.
At the European Council of Barcelona of March 2002 EU Member
States agreed to untie aid to least developed countries as
recommended by the OECD. Member states furthermore agreed to
continue discussions of further untying bilateral aid and to
consider steps towards further untying of Community aid. The
Commission subsequently adopted a Communication "Untying: enhancing
the effectiveness of aid" in November 2002 in which it proposed an
approach, that goes far beyond the existing limited international
consensus. The Council and the Parliament in 2003 endorsed the
Commission's proposals related to Community aid.
Moreover, it is difficult to precisely measure the benefit of
untying, the World Bank and the Development Assistance Committee of
the Organisation for Economic Cooperation and Development
(OECD/DAC) have produced estimations with a substantial ratio in
terms of gain through better value for money.
It is important to have an understanding of the opportunities
and constraints of increasing access to procurement to ensure an
intelligent use of the concept. Therefore, progress towards further
untying will have to be accompanied by impact assessments and
studies.
A substantial part of EC aid assistance is implemented through
aid modalities that are directly managed by the recipient country,
such as budget support or sector support. Those instruments are de
facto not subject to EC award of procurement or grant. They are not
concerned by this regulation.
Due to the legal nature of the instruments falling under the
European Development Fund and those falling under the EC budget,
two parallel processes are necessary:
1) a mandate for introducing the relevant changes in the Cotonou
agreement was presented in the package of proposed revisions to the
Cotonou Agreement for 2005 and accepted by the GAERC on 23 February
2004;
2) this proposal presents one single regulation defining the
access to all Community aid to be implemented in all basics acts
governing external assistance that fall under the EC budget. In the
future, all instruments will contain a simple reference to this
regulation.
The approach with regards to further opening of Community aid
presented in this regulation will also be taken into account in
future proposals by the Commission on the rationalisation of its
external relations into six instruments. Forthcoming proposals will
come up in the framework set up by the recent Commission
Communication "Building our common Future. Policy challenges and
Budgetary means of the Enlarged Union 2007-2013".
In addition, the proposed Regulation offers unrestricted access
to its programs to suppliers from other donor countries, including
the USA and Japan. Access will be based on reciprocity. With the
adoption of the regulation the EU will take the lead in the
international efforts to end the practice of tying aid to the
delivery of supplies from the donor country.
Instruments are open to nationals from Member States from
candidate countries and from countries of EEA (Norway, Iceland and
Liechtenstein). For nationals of all other donor countries (such as
USA, Japan and Canada) instruments will be accessible based on
reciprocity.
Lastly, the current regulation translates this political
approach into practice.
The current proposal covers external assistance financed under
the EU budget. A similar initiative has been taken with regards to
the development assistance financed under the European Development
Fund. Such an initiative would require an amendment of the Cotonou
agreement that is the legal framework of EU development assistance
to Africa, Caribbean and Pacific. Based on a mandate from the
Council of ministers the Commission will now discuss this
initiative with ACP countries.
- celexid
- CELEX:52004PC0313:EN
- type
- Legislative proposal published
- title
- COM(2004)0313
- body
- EC
- commission
- type
- Legislative proposal
-
- date
- 2004-09-15
- body
- EP
- type
- Committee referral announced in Parliament, 1st reading/single reading
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-
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- EP
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- 2004-09-13
- committee_full
- Foreign Affairs
- rapporteur
-
- group
- PSE
- name
- FLAŠÍKOVÁ BEŇOVÁ Monika
-
- body
- EP
- responsible
- False
- committee_full
- Budgets
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- BUDG
-
- body
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- True
- committee
- DEVE
- date
- 2004-07-27
- committee_full
- Development
- rapporteur
-
- group
- PPE-DE
- name
- GAHLER Michael
-
- body
- EP
- responsible
- False
- committee_full
- International Trade
- committee
- INTA
-
- date
- 2004-12-15
- docs
-
- url
- http://eescopinions.eesc.europa.eu/eescopiniondocument.aspx?language=EN&docnr=1645&year=2004
- title
- CES1645/2004
- type
- Economic and Social Committee: opinion, report
- celexid
- CELEX:52004AE1645:EN
-
- url
- http://eur-lex.europa.eu/JOHtml.do?uri=OJ:C:2005:157:SOM:EN:HTML
- type
- Economic and Social Committee: opinion, report
- title
- OJ C 157 28.06.2005, p. 0099-0101
- body
- ESOC
- type
- Economic and Social Committee: opinion, report
-
- date
- 2005-04-28
- docs
-
- type
- Committee draft report
- title
- PE355.569
- body
- EP
- type
- Committee draft report
-
- date
- 2005-04-29
- text
On 7 April 2004, the Commission sent a draft
Regulation on EU external assistance to the European Parliament and
the Council. This proposal is based on Articles 179 and 181A of the
EC Treaty and must be adopted by the codecision procedure provided
for in Article 251 of the Treaty.
The Working Party on Development Cooperation examined
the proposal at its meetings in May and June 2004, under the Irish
Presidency, then again in July and September 2004, under the Dutch
Presidency. At these meetings, the need to split the initial
proposal due to different legal basis which characterised the acts
which it aimed to amend was highlighted.
At its last exchange of views in September 2004, the
Working Party decided to interrupt the examination of the proposal
pending the presentation of the Commission's new external action
instruments due out in October 2004 in which an Article should be
included on the untying of external assistance from the Community
.
In January 2005, in light of the incertitude of the
adoption of the new financial perspectives and the need to continue
with the fundamental questions of this proposal, the Working Party
decided to continue with the examination of the proposal with a
view to its adoption at first reading in June or July
2005.
At its meetings in January, February and March 2005,
the Party continued with the examination of proposal COD/2004/0099
and informed the Parliament of the state of its initial comments
concerning the most appropriate procedure with a view to the
adoption of this proposal. On 14 April 2005, the Working Party
agreed to split the proposal into two separate proposals and
informed the Parliament by letter.
The initial proposal COD/2004/0099, which aims to
amend 25 existing regulations in the area of external assistance,
is subject to the splitting process and follows the following
legal basis:
- 15 of the 25 regulations to be amended shall be
based on Article 179 (formerly 130W) of the EC Treaty and shall be
adopted by codecision;
- the remaining 10 shall be based on Article 181A
(legal basis provided by the Nice Treaty). This is the legal basis
used for proposed Regulation (CNS/2005/0806).
The two sets of Regulations have distinct legal
instruments each with different scopes. Each Regulation shall be
adopted separately but with identical measures (in as far is
possible) and they should be adopted simultaneously.
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- 2005-06-06
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- GAHLER Michael
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- date
- 2005-06-08
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- A6-0182/2005
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- 2004-07-27
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-
- date
- 2005-06-23
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-
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- http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2005-0256
- text
The European Parliament adopted a resolution drafted by Michael GAHLER (EPP-ED, DE)
making some amendments to the Commission's text. (Please see the
document dated 06/06/2005.) In addition, Parliament introduced
reciprocity, imposing on the third countries allowed to
compete for tenders for EU external assistance a reciprocal
obligation to open markets for procurement of goods and services to
the beneficiary countries of this external assistance.
- type
- Decision by Parliament, 1st reading/single reading
- title
- T6-0256/2005
-
- url
- http://eur-lex.europa.eu/JOHtml.do?uri=OJ:C:2006:133E:SOM:EN:HTML
- type
- Text adopted by Parliament, 1st reading/single reading
- title
- OJ C 133 08.06.2006, p. 0030-0116 E
-
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- http://www.europarl.europa.eu/oeil/popups/sda.do?id=4107&l=en
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- 2005-06-23
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-
- url
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- date
- 2005-07-12
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- Council Meeting
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- 2005-11-21
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- 2005-11-21
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- Council Meeting
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- 2005-12-14
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- text
PURPOSE : to establish rules
for access of interested parties to Community external assistance
instruments financed by the EU budget, and to make provision for
the untying of aid.
LEGISLATIVE ACT : Regulation
2110/2005/EC of the European Parliament and of the Council on
access to Community external assistance.
CONTENT : This Regulation aims to apply the principle
of untying of aid to the main Community instruments for external
assistance (thematic or geographical). The purpose is to end
the practice of tying aid, which involves
linking the granting of aid to the purchase of goods and services
in the donor country. The practice of tying the granting of aid,
directly or indirectly, to the purchase of goods and services
procured by means of that aid in the donor country reduces its
effectiveness and is not coherent with a pro-poor development
policy. The untying of aid must be used as a tool to
cross-fertilise other elements in the fight against poverty, such
as ownership, regional integration and capacity building, with a
focus on empowering local and regional suppliers of goods and
services in developing countries.
At the same time as untying aid for developing
countries, the Regulation presents one single regulation defining
the access to all Community aid to be implemented in all basics
acts governing external assistance that fall under the EC budget.
In the future, all instruments will contain a simple reference to
this regulation. All the modifications to
the basic acts concerned are listed in Annex I to this Regulation.
Amendments are made to:
- Community instruments with a thematic scope, such as
the Regulation on the fight against HIV/AIDS in developing
countries;
- Community instruments with a geographical scope such
as the Regulation regarding the implementation of measures to
promote economic and social development in Turkey, and the
Regulation on operations to aid uprooted people in Asia and Latin
American developing countries.
In order to define access to Community external
assistance, several elements are addressed:
- rules of eligibility determining the access of
persons;
- rules on the engagement of experts (who may be of any
nationality, bearing in mind the principle of
reciprocity);
- rules of origin defining the access of supplies and
materials purchased by eligible persons;
- access of a specific category of persons under the
condition of reciprocity;
- definition and modalities for the implementation of
reciprocity;
- derogations (in duly substantiated exceptional cases,
the Commission may extend eligibility to legal persons from a
country not normally eligible, or may allow the purchase of
supplies and materials originating from a country not eligible,
which may be justified on the basis of the unavailability of
products and services in the markets of the countries
concerned);
- provisions concerning operations financed through an
international organisation;
- provisions for the purposes of humanitarian aid and
NGOs.
Concerning nationals of developing and transition
countries:
- instruments with a thematic scope are open for all
developing and transition countries in addition to those already
mentioned in the specific instruments. They are listed in Annex I,
Part A;
- instruments with a geographical scope are open only to
the nationals of countries of the region as defined on the
instruments, as one of the objective of those instrument is to
strengthen regional integration and capacity building in a regional
context. They are listed in Annex I, Part B.
In addition, the Regulation offers unrestricted access
to its programs to suppliers from other donor countries, including
the USA and Japan. Access will be based on reciprocity. With the
adoption of the regulation the EU will take the lead in the
international efforts to end the practice of tying aid to the
delivery of supplies from the donor country.
Instruments are open to nationals from Member States
from candidate countries and from countries of EEA (Norway, Iceland
and Liechtenstein). For nationals of all other donor countries
(such as USA, Japan and Canada and Australia) instruments will be
accessible based on reciprocity.
There are also provisions which clarify the situation
with regard to operations involving
international or regional organisations or operations co-financed
with a third country. As far as
food aid operations are concerned, the application of the
provisions is limited to emergency operations.
The Regulation contains a clause on humanitarian aid and NGOs, in order to take account of
the special characteristics of humanitarian crises. Due to
amendments by the European Parliament, the provisions do not apply
to the Rapid Reaction Mechanism.
Finally, due to amendments by Parliament, the
Regulation provides that, when awarding
tenders under a Community instrument, special consideration will be
given:
- to respect for internationally agreed core labour
standards of the International Labour Organisation (ILO), e.g. the
conventions on freedom of association and collective bargaining,
elimination of forced and compulsory labour, elimination of
discrimination in respect of employment and occupation, and the
abolition of child labour;
- to respect for the following internationally agreed
environmental conventions: the Convention on Biological Diversity
of 1992, the Cartagena Protocol on Biosafety of 2000 and the Kyoto
Protocol to the United Nations Framework Convention on Climate
Change of 1997.
ENTRY INTO FORCE : 28/12/2005.
- type
- Final act published in Official Journal
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- title
- Regulation 2005/2110
-
- url
- http://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:2005:344:SOM:EN:HTML
- title
- OJ L 344 27.12.2005, p. 0001-0014
|
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- European Commission
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|
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- DEVE/6/22084
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- 2004/0099(COD)
- subtype
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- EC Treaty (after Amsterdam) EC 175
- EC Treaty (after Amsterdam) EC 179
- EC Treaty (after Amsterdam) EC 181
- EC Treaty (after Amsterdam) EC 203-p(1)
- EC Treaty (after Amsterdam) EC 308
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- title
- Community aid: conditions for access to the instruments financing the Community external assistance
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- COD - Ordinary legislative procedure (ex-codecision)
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- title
- Regulation 2005/2110
- subject
- 6.30 Development cooperation
|