29.4.1998 EN Official Journal of the European Communities L 127/11 FRAMEWORK AGREEMENT ON COOPERATION between the European Economic Community and the Cartagena Agreement and its member countries, namely the Republic of Bolivia, the Republic of Colombia, the Republic of Ecuador, the Republic of Peru and the Republic of Venezuela THE COUNCIL OF THE EUROPEAN COMMUNITIES, of the one part, THE COMMISSION OF THE CARTAGENA AGREEMENT AND THE GOVERNMENTS OF THE REPUBLIC OF BOLIVIA, OF THE REPUBLIC OF COLOMBIA, OF THE REPUBLIC OF ECUADOR, OF THE REPUBLIC OF PERU AND OF THE REPUBLIC OF VENEZUELA, of the other part, CONSIDERING the traditional links of friendship between the countries of the European Community (hereinafter referred to as ‘the Community’) and the Cartagena Agreement and its Member States (hereinafter referred to as ‘the Andean Pact’); REAFFIRMING their commitment to the principles of the United Nations Charter, to democratic values and to respect for human rights; MINDFUL of their mutual interest in the establishment of cooperation in a number of sectors, and in particular those of economic cooperation, trade cooperation and development cooperation; RECOGNISING the fundamental objective of the Agreement, which is to consolidate, deepen and diversify relations between the two Parties; REAFFIRMING their mutual wish to encourage the development of regional organisations aimed at promoting economic growth and social progress; RECOGNISING that the Cartagena Agreement is a subregional integration organisation and that the two Parties attach special importance to the promotion of the Andean integration process; RECALLING the Joint Declaration issued by the Parties on 5 May 1980, the Cooperation Agreement signed in 1983, the Rome Declaration of 20 December 1990, the final communiqué adopted in Luxembourg on 27 April 1991 by the Community and its Member States and the countries of the Rio Group and the final communiqué adopted by the ministerial conference held in Santiago on 29 May 1992; RECOGNISING the positive repercussions of the modernisation and economic reform process, and of the liberalisation of trade in the Andean countries; RECOGNISING the importance attached by the Community to the development of trade and economic cooperation with developing countries, and mindful of its guidelines and resolutions concerning cooperation with Asian and Latin American developing countries; RECOGNISING that the Andean Pact is made up of developing countries at different stages of development and that they include, in particular, one landlocked country and a number of particularly depressed regions; CONVINCED of the importance of the principles of the GATT and of free international trade, and of respect for intellectual property rights and freedom of investment; RECOGNISING the importance of international cooperation to assist countries affected by drug-related problems, and, in this context, the importance of the decision adopted by the Community on 29 October 1990 concerning the Special Cooperation Programme; RECOGNISING the special importance attached by both Parties to increased protection for the environment; RECOGNISING the need to promote social rights and in particular the rights of the most disadvantaged, FOR THE COUNCIL OF THE EUROPEAN COMMUNITIES: Niels Helveg PETERSEN, Minister for Foreign Affairs of Denmark, President-in-Office of the Council of the European Communities Manuel MARÍN, Vice-President of the Commission of the European Communities FOR THE COMMISSION OF THE CARTAGENA AGREEMENT: Miguel RODRIGUEZ MENDOZA, President of the Commission of the Cartagena Agreement FOR THE GOVERNMENT OF THE REPUBLIC OF BOLIVIA: Ronald MACLEAN ABAROA, Minister for Foreign Affairs and Worship FOR THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA: Noemi SANIN DE RUBIO, Minister for Foreign Affairs FOR THE GOVERNMENT OF THE REPUBLIC OF ECUADOR: Diego PAREDES PENA, Minister for Foreign Affairs FOR THE GOVERNMENT OF THE REPUBLIC OF PERU: Dr Oscar de la PUENTE RAYDADA, Prime Minister and Minister for Foreign Affairs FOR THE GOVERNMENT OF THE REPUBLIC OF VENEZUELA: Fernando OCHOA ANTICH, Minister for Foreign Affairs HAVE AGREED AS FOLLOWS: Article 1 Democratic basis for cooperation Cooperation ties between the Community and the Andean Pact, and this Agreement in its entirety, shall be based on respect for democratic principles and human rights which guide the domestic and international policies of both the Community and the Andean Pact and which constitute an essential component of this Agreement. Article 2 Intensification of cooperation 1. The Contracting Parties hereby undertake to impart renewed vigour to relations between them. To achieve this essential objective, they have resolved to promote in particular the development of cooperation relating to trade, investment, finance and technology, taking account of the Andean countries' special status as developing countries, and to promote the intensification and consolidation of the process of integration in the Andean subregion. 2. To achieve the aims of this Agreement, the Parties acknowledge the value of consulting each other on international issues of mutual interest. Article 3 Economic cooperation 1. The Contracting Parties, taking into account their mutual interest and medium- and long-term economic objectives, undertake to establish between themselves economic cooperation of the widest possible scope, from which no field of activity is excluded in principle. The aims of such cooperation shall be in particular to: (a) strengthen and diversify generally their economic links; (b) contribute to the sustainable development of both Parties' economies and standards of living; (c) encourage the expansion of trade with a view to promoting diversification and the opening-up of new markets; (d) encourage the flow of investment and the transfer of technology and reinforce investment protection; (e) establish conditions to raise the level of employment and improve human productivity in the work sector; (f) encourage measures promoting rural development and the improvement of urban living conditions; (g) stimulate scientific and technological progress, encourage transfers of technology and improve technological skills; (h) support the movement towards regional integration; (i) exchange information on statistics and methodology. 2. To this end and without excluding any area of activity from the outset, the Contracting Parties shall, in their mutual interest and with regard to their respective powers and capacities, determine by common agreement the spheres to be covered by economic cooperation. Cooperation shall centre particularly on the following: (a) industry; (b) agro-industry and the mining sector; (c) agriculture and fisheries; (d) energy planning and efficient use of energy; (e) protection of the environment and sustainable management of natural resources; (f) technology transfers; (g) science and technology; (h) intellectual property, including industrial property, (i) standards and quality criteria; (j) services, including financial services, tourism, transport, telecommunications and information technology; (k) information on monetary matters; (l) technical, health and plant health regulations; (m) consolidation of economic cooperation bodies; (n) regional development and frontier integration. 3. In the interests of attaining the objectives of economic cooperation, the Contracting Parties shall, each in accordance with its law, endeavour to promote activities including the following: (a) increasing contacts between the two Parties by organising conferences, seminars, trade and industry missions and business weeks (meetings of businessmen), general, specialised and subcontracting fairs, and exploratory missions designed to boost trade and investment flows; (b) joint participation of Community companies in fairs and exhibitions held in Andean Pact countries, and vice versa; (c) provision of technical assistance, notably by seconding consultants and carrying out specific studies; (d) research projects and the exchange of scientists; (e) promoting joint ventures, licensing agreements, transfers of technical know-how, subcontracting, and other activities; (f) exchanging appropriate information, especially as regards access to existing or future databases; (g) setting up business networks, particularly in the industrial sector. Article 4 Most-favoured-nation treatment The Contracting Parties hereby grant each other most-favoured-nation treatment in trade, in accordance with the General Agreement on Tariffs and Trade (GATT). Both Parties reaffirm their will to conduct trade with each other in accordance with that Agreement. Article 5 Trade cooperation development 1. The Contracting Parties undertake to develop and diversify trade to the highest possible degree, taking into account their respective economic situations and facilitating trade transactions between them as far as possible. 2. To that end, the Contracting Parties shall endeavour to find ways and methods of reducing and eliminating the obstacles hindering the development of trade, especially non-tariff and para-tariff barriers, taking account of work accomplished in this respect by international organisations. 3. The Contracting Parties shall, where appropriate, assess the possibility of setting up mutual consultation procedures. Article 6 Means of achieving cooperation in trade In the interests of bringing about more active cooperation in trade, the Contracting Parties shall take measures aimed at: — promoting meetings, exchanges and contacts between entrepreneurs of each of the Parties, with the aim of identifying goods suitable for sale on the market of the other Party, — facilitating cooperation between their respective customs services, in particular as regards vocational training, the simplification of procedures and the detection of customs offences, — encouraging and providing support for trade-promotion activities such as seminars, symposia, fairs and trade and industrial exhibitions, trade visits, reciprocal visits, business weeks and other activities, — providing support for their own organisations and firms, to enable them to engage in activities which are of benefit to both sides, — taking into consideration each other's interests with regard to market access for commodities, semifinished and manufactured goods and with regard to the stabilisation of world commodity markets, in accordance with the aims agreed within the appropriate international organisations, — examining ways and means of facilitating trade and eliminating barriers to trade, taking into consideration the work carried out by international organisations. Article 7 Temporary admission of goods The Contracting Parties undertake to grant each other tax and duty exemption for temporary import of goods, in accordance with their respective laws and taking account, wherever possible, of existing international agreements in this field. Article 8 Industrial cooperation 1. The Contracting Parties shall promote the expansion and diversification of the Andean countries' production base in the industrial and service sectors, directing their cooperation activities at small and medium-sized enterprises in particular and encouraging steps to facilitate access for those enterprises to sources of capital, markets and appropriate technology, and also fostering joint ventures. 2. To that end, within the limits of their responsabilities, the Parties shall encourage projects and operations promoting: — the consolidation and extension of the networks established for the purposes of cooperation, — increased use of the financial instrument ‘EC Investment Partners’ (ECIP) by, inter alia, greater use of Andean Pact financial institutions, — cooperation between economic agents, such as joint ventures, subcontracting, transfers of technology, licensing, applied research and franchising, — the setting-up of an EC-Andean Pact business council and other bodies conducive to the expansion of ties between them. Article 9 Investment 1. The Contracting Parties agree: — to promote, so far as their powers, rules and regulations and respective policies permit, an increase in mutually beneficial investment, — to improve the climate for such investment by seeking, in particular, agreements on investment promotion and protection between the Community's Member States and the Andean Pact countries based on the principles of non-discrimination and reciprocity. 2. In pursuit of these objectives, the Contracting Parties shall endeavour to stimulate investment promotion, inter alia, by means of: — seminars, exhibitions and visits by company directors, — training businessmen with a view to setting up investment projects, — technical assistance necessary for joint investment, — measures under the ECIP programme. 3. Cooperation in this field may involve public, private, national or multilateral bodies, including regional financial institutions such as ‘Corporation Andina de Fomento’ (CAF) and ‘Fondo Latinoamericano de Reservas’ (FLAR). Article 10 Cooperation between financial institutions The Contracting Parties shall endeavour to foster, according to their needs and within the framework of their respective programmes and legislation, cooperation between financial institutions in the form of: — exchanges of information and experience in fields of mutual interest. This cooperation may take the form of, inter alia, the organisation of seminars, conferences and workshops, — exchanges of experts, — the provision of technical assistance activities, — exchanges of information in the fields of statistics and methodology. Article 11 Scientific and technological cooperation 1. In accordance with their mutual interest and the aims of their policies on science, the Contracting Parties undertake to develop cooperation in science and technology aimed in particular at: — encouraging exchanges of Community and Andean Pact scientists, — establishing permanent links between their scientific and technological communities, — promoting mutually beneficial transfers of technology, — encouraging ties between research centres on both sides with a view to finding joint solutions to problems affecting both Parties, — implementing measures with a view to achieving the goals of both Parties' research programmes, — building up research capacities and stimulating technological innovation, — creating opportunities for economic, industrial and trade cooperation, — promoting relations between academic and research institutions and the manufacturing sectors of both Parties, — facilitating exchanges of information and reciprocal access to information networks. 2. The extent of cooperation shall be determined by the desires of the Parties, which shall jointly select priority areas. These shall include: — advanced scientific and technological research, — development and management of science and technology policies, — protection and improvement of the environment, — rational use of natural resources, — integration and regional cooperation in science and technology, — biotechnology, — new materials. 3. In order to achieve their chosen objectives, the Contracting Parties shall encourage and foster measures including: — the execution of joint research projects involving research centres and other qualified institutions on both sides, — advanced training for scientists, in particular through research projects at the other Contracting Party's research centres, — exchanges of scientific information, in particular through the joint organisation of seminars, workshops, working meetings and conferences attended by top-level scientists from both Contracting Parties, — distribution of scientific and technological information and know-how. Article 12 Cooperation on standards Without prejudice to their international obligations, within the scope of their responsibilities, and in accordance with their laws, the Contracting Parties shall take steps to reduce differences in respect of weights and measures, standardisation and certification by promoting the use of compatible systems of standards and certification. To that end, they shall encourage the following in particular: — establishing links between experts in order to facilitate exchanges of information and studies on weights and measures, standards, quality control and quality promotion and certification, and to promote the development of technical assistance in this field, — fostering exchanges and contact between bodies and institutions specialising in these fields, — carrying out measures aimed at achieving mutual recognition of systems and quality certification, — holding consultations in the fields concerned. Article 13 Technological development and intellectual and industrial property 1. For the purpose of achieving effective collaboration between Andean Pact countries' and Community enterprises in the fields of the transfer of technology, licensing, joint investment and venture capital financing, the Contracting Parties, with due respect for intellectual and industrial property rights, undertake: — to identify the branches or sectors of industry on which cooperation will centre and the means to promote industrial cooperation having an advanced technological bias, — to cooperate in encouraging the mobilisation of financial resources to support joint projects between Andean Pact and Community enterprises, the aim of which is to apply new findings in technology to industry, — to support the training of qualified technological and research personnel, — to promote innovation by means of an exchange of information on the programmes each side is conducting for that purpose, periodic exchanges of experience derived from the running of innovation programmes and by means of exchange schemes between Andean Pact and Community institutions for officials of both Parties responsible for promoting innovation. 2. The Contracting Parties undertake to ensure, so far as their laws, regulations and policies allow, that suitable and effective protection is provided for intellectual and industrial property rights, including geographical designations and appellations of origin, reinforcing this protection where desirable. They also undertake, wherever possible and so far as their laws, regulations and policies allow, to facilitate access to the databases and databanks in this field. Article 14 Cooperation in the mining sector The Contracting Parties agree to promote cooperation in mining, chiefly through the implementation of operations aimed at: — encouraging the involvement of enterprises of both Parties in exploration, mining and marketing of their mineral resources, — setting up activities to encourage small and medium-sized enterprises operating in the mining sector, — exchanging experience and technology relating to mining prospecting, exploration and mineral exploitation, and performing joint research to increase the opportunities for technological development. Article 15 Cooperation in the energy sector The Contracting Parties recognise the importance of the energy sector to economic and social development and are prepared to step up their cooperation in this field, notably as regards planning, conservation and the efficient use of energy, and the development of new, commercially viable energy sources. This improved cooperation will also take environmental implications into consideration. To these ends, the Contracting Parties agree to promote: — the conduct of joint studies and research, particularly as regards energy forecasts and assessments, — on-going contacts between energy planners, — the implementation of joint programmes and projects in this field. Article 16 Cooperation on transport Recognising the importance of transport to economic development and the intensification of trade, the Contracting Parties shall adopt the necessary measures to implement cooperation in respect of all types of transport. Cooperation shall centre on the following: — exchanges of information on the parties' respective transport policies and on subjects of common interest, — economic, legal and technical training programmes aimed at economic operators and those in charge of public-sector departments, — technical assistance, particularly in connection with infrastructure modernisation programmes. Article 17 Cooperation in the field of information technology and telecommunications 1. The Contracting Parties recognise that information technology and telecommunications are vital to economic and social development and declare themselves prepared to promote cooperation in the fields of common interest, particularly in respect of the following: — standardisation, conformity testing and certification, — earth and space-based telecommunications such as transmission networks, satellites, fibre optics, Integrated Digital Network (ISDN), data transmission, rural and mobile telephone systems, — electronics and microelectronics, — information and automation, — high-definition television, — research and development in new information technologies and telecommunications, — promotion of investment and joint investment. 2. Such cooperation shall take place in particular through: — collaboration between experts, — expert assessments, studies and exchanges of information, — training of scientists and technicians, — formulation and implementation of specific projects of mutual benefit, — promotion of joint projects relating to research and development, the establishment of information networks and databanks, facilitation of access to existing databanks and information networks. Article 18 Cooperation on tourism Within the bounds of their laws, the Contracting Parties shall contribute to cooperation on tourism in the Andean Pact countries, which is to be achieved through specific measures including: — exchanges of information and forward studies, — assistance in statistics and data processing, — training, — organisation of events, — the promotion of investment and joint investment in order to expand tourist travel. Article 19 Cooperation on the environment In instituting cooperation on environmental matters, the Contracting Parties affirm their will to contribute to sustainable development; they will endeavour to reconcile the need for economic and social development with the need for due protection of nature and will devote particular attention in their cooperation to the most disadvantaged sections of the population, to the urban environment and to the protection of ecosystems such as tropical forests. To those ends, the Parties shall endeavour to work together on measures targeting in particular: — the creation and improvement of public and private-sector environmental structures, — public information and awareness, — the implementation of studies and projects and the provision of technical assistance, — the organization of meetings, seminars, etc., — exchanges of information and experience, — research projects on disasters and their prevention, — the development and alternative economic use of protected areas, — industrial cooperation applied to the environment. Article 20 Cooperation in the biological diversity sector The Contracting Parties shall endeavour to establish cooperation, particularly in the field of biotechnology, aimed at preserving biological diversity. Cooperation should be based on three criteria, namely: socio-economic utility, ecological conservation and the interests of native peoples. Article 21 Development cooperation With a view to increasing the effectiveness of cooperation in the areas referred to below, the Parties shall seek to establish a multiannual programme. Furthermore, the Parties recognize that the desire to see development better managed involves, on the one hand, giving priority to the poorest sections of the population and the most deprived regions, and, on the other, entails ensuring that environmental issues are closely integrated into the development process. Article 22 Cooperation on agriculture, forestry and in rural areas The Contracting Parties shall establish cooperation in the areas of agriculture, forestry, agro-industry, agri-foodstuffs and tropical products. To these ends, in a spirit of cooperation and goodwill and taking into account the laws of both Parties on such issues, the Contracting Parties shall examine: — opportunities for developing trade in agricultural, forestry, agro-industrial and tropical products, — measures governing human and plant health and the environment, and any obstacles there might be to trade in this field. The Contracting Parties shall endeavour to promote cooperation on: — the development of agriculture, — the protection and sustainable development of forestry resources, — the agricultural and rural environments, — training of human resources in the field of rural development, — contact between the Parties' agricultural producers, in the interests of facilitating trade operations and investment, — agronomical research, — agricultural statistics. Article 23 Cooperation on health The Contracting Parties agree to cooperate to improve public health, concentrating on the needs of the most disadvantaged sections of the population. To these ends, they shall seek to develop joint research, technology transfers, exchanges of experience and technical assistance, in particular with regard to: — the management and administration of the services concerned, — the developement of vocational training programmes, — the improvement of sanitary conditions (with particular regard to combating cholera) and well-being in urban and rural areas, — the prevention and treatment of acquired immunodeficiency syndrome (AIDS). Article 24 Cooperation on social development 1. The Contracting Parties shall establish cooperation to further social development in the Andean Pact, with the particular aim of improving the living conditions of the poorest sections of the Andean Pact countries' population. 2. Measures and programmes to attain these aims shall include support, essentially in the form of technical assistance, in the following fields: — social services administration, — vocational training and job-creation, — the improvement of living conditions and hygiene in urban and rural areas, — preventive healthcare, — protection of children, — education and assistance programmes for young people, — the role of women. Article 25 Cooperation in combating drug abuse Within the scope of their powers, the Contracting Parties undertake to coordinate and step up their efforts to prevent and reduce the production, distribution and comsumption of illegal drugs. This cooperation, relying upon the bodies competent in this area, shall include the following: — projects for the benefit of Andean Pact nationals, providing training, education, treatment and rehabilitation for addicts, — research programmes, — cooperation measures and projects designed to encourage alternative opportunities, including alternative crops, — exchanges of all relevant infromation, including information concerning measures relating to money-laundering, — monitoring trade in precursor and essential chemical products, — drug-abuse prevention programmes. The Contracting Parties may by mutual agreement extend their cooperation to other areas. Article 26 Regional integration and cooperation The Contracting Parties shall take steps to encourage the regional integration of the Andean countries. Priority shall be given in particular to: — providing technical assistance in connection with the technical and practical aspects of integration, — the promotion of subregional, regional and international trade, — the development of regional environmental cooperation, — upgrading regional institutions and supporting the implementation of joint policies and activities, — encouraging the development of regional communications. Article 27 Cooperation in the public administration area The Contracting Parties shall cooperate in administrative matters in institutional organization and in the administration of justice at national, regional and municipal levels. To these ends, they shall take steps aimed at: — encouraging exchanges of information and training courses for national, regional and municipal officials and employees; — increasing government efficiency. Article 28 Cooperation in information, communication and culture The Contracting Parties agree to take action jointly in the fields of information and communication in order to: — promote understanding of the nature and aims of the European Community and of the Andean Pact, — encourage Community and Andean Pact Member States to strengthen their cultural ties. In particular, these measures shall take the form of: — appropriate exchanges of information on issues of common interest in the fields of culture and information, — promoting cultural events and exchanges, — preparatory studies and technical assistance for the preservation of the cultural heritage. Article 29 Cooperation on fisheries The Contracting Parties acknowledge the importance of achieving a convergence in their interest in the field of fisheries. They shall endeavour to intesify and develop cooperation in this regard by: — drawing up and implementing special programmes, — encouraging the private sector to participate in developing this sector. Article 30 Cooperation in training Wherever it is clear that improved training would strengthen cooperation, appropriate action may be taken in areas of mutual interest, taking account of new technologies in the field. Such cooperation may take the form of: — steps to improve the training of technicians and professionals, — measures with a significant knock-on effect, training for instructors and technical executives who are already in positions of responsibility in public and private-sector enterprises, government, the public-service sector and economic administration, — specific programmes for exchanges of consultants, know-how and technology between training institutions in the European and Andean countries, with particular emphasis on the techincal, scientific and vocational sectors, — literacy programmes linked to health and social development projects. Article 31 Resources for undertaking cooperation 1. The Contracting Parties undertake to make available, within the limits of their abilities and through their own channels, the resources appropriate for the attainment of the objectives of the cooperation for by this Agreement, including financial resources. In this connection, multiannual programming will be carried out and priorities determined, whenever possible, taking account of needs and of the Andean Pact countries' level of development. 2. In order to facilitate the cooperation specified in this Agreement, the Andean Pact countries shall: — grant Community experts the guarantees and facilities they require to carry out their tasks, — exempt goods and services to be imported for the purposes of EC/Andean Pact cooperation projects from taxes, duties and other contributions. These principles will be made explicit in subsequent arrangements, in line with national legislation. Article 32 Joint committee 1. The Contracting Parties agree to retain the Joint Committee established pursuant to the 1983 Cooperation Agreement; likewise, they agree to retain the Subcommittee on Science and Technology, the Subcommittee on Industrial Cooperation and the Subcommittee on Trade Cooperation. 2. The Joint Committee shall: — see to the proper functioning of this Agreement, — coordinate activities, projects and specific operations in relation to the aims of this Agreement and propose the means necessary for their implementation, — study the development of trade and cooperation between the Parties, — make any recommendations required to promote the expansion of trade and intensify and diversify co-operation, — seek appropriate methods of forestalling problems which might arise in areas covered by this Agreement. 3. The agenda for Joint Committee meetings shall be set by mutual agreement. The Committee shall itself establish provisions concerning the frequency and venue of its meetings, chairmanship, the possible establishment of subcommittees additional to those already in existence, and other issues. Article 33 Other agreements 1. Without prejudice to the provisions of the Treaties establishing the European Communities, neither this Agreement nor any action taken under it shall in any way affect the powers of the Member of the Communities to undertake bilateral activities with the Andean Pact countries in the field of economic cooperation or, where appropriate, to conclude new economic cooperation agreements with the Andean Pact countries. 2. Without prejudice to the provisions of the previous paragraph concerning economic co-operation, the provisions of this Agreement shall replace the provisions of the agreements concluded between the Member States of the Communities and the Andean Pact countries where such provisions are either incompatible with, or identical to, the provisions of this Agreement. Article 34 European Coal and Steel Community A separate protocol shall be concluded between the European Coal and Steel Community and its Member States, on the one hand, and the Cartagena Agreement and its Member States on the other hand. Article 35 Territorial application This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Economic Community is applied and under the conditions laid down in that Treaty and, on the other, to the territories covered by the Cartagena Agreement. Article 36 Annex The Annex shall form an integral part of this Agreement. Article 37 Entry into force and tacit renewal This Agreement shall enter into force on the first day of the month following the date on which the Contracting Parties have notified each other of the completion of the procedures necessary for this purpose. It shall be concluded for a period of five years. It shall be renewed tacitly on a yearly basis unless one of the Contracting Parties denounces it to the other Party in writing six months before the date of expiry. Article 38 Authentic texts This Agreement shall be drawn up in duplicate in the Danish, Dutch, English, French, German, Greek, Italian, Portuguese and Spanish languages, each text being equally authentic. Article 39 Future developments 1. The Contracting Parties may by mutual consent develop and improve this Agreement with a view to enhancing the levels of cooperation and to supplementing it by means of agreements on specific sectors or activities. 2. With regard to the implementation of this Agreement, either of the Contracting Parties may put forward suggestions for widening the scope of cooperation, taking into account the experience gained in its application. En fe de lo cual, los plenipotenciarios abajo firmantes suscriben el presente Protocolo. Til bekræftelse heraf har undertegnede befuldmægtigede underskrevet denne protokol. Zu Urkund dessen haben die unterzeichneten Bevollmächtigten ihre Unterschriften unter dieses Protokoll gesetzt. Εις πίστωση των ανωτέρω, οι υπογεγραμμένοι πληρεξούσιοι έθεσαν τις υπογραφές τους στο παρόν πρωτόκολλο. In witness whereof the undersigned Plenipotentiaries have signed this Protocol. En foi de quoi, les plénipotentiaires soussignés ont apposé leurs signatures au bas du présent protocole. In fede di che, i plenipotenziari sottoscritti hanno apposto le loro firme in calce al presente protocollo. Ten blijke waarvan de ondergetekende gevolmachtigden hun handtekening onder dit protocol hebben gesteld. Em fé do que, os plenipotenciarios abaixo-assinados apuseram as suas assinaturas no final do presente protocolo. Hecho en Copenhague, el veintitrés de abril de mil novecientos noventa y tres. Udfærdiget i København, den treogtyvende april nitten hundrede og treoghalvfems. Geschehen zu Kopenhagen am dreiundzwanzigsten April neunzehnhundertdreiundneunzig. Έγινε στην Κοπεγχάγη, στις είκοσι τρεις Απριλίου χίλια εννιακόσια ενενήντα τρία. Done at Copenhagen on the twenty-third day of April in the year one thousand nine hundred and ninety-three. Fait à Copenhague, le vingt-trois avril mil neuf cent quatre-vingt-treize. Fatto a Copenaghen, addì ventitré aprile millenovecentonovantatré Gedaan te Kopenhagen, de drieëntwintigste april negentienhonderd drieënnegentig. Feito em Copenhaga, em vinte e três de Abril de mil novecentos e noventa e três. Por el Consejo de las Comunidades Europeas For Rådet for De Europæiske Fællesskaber Für den Rat der Europäischen Gemeinschaften Για το Συμβούλιο των Ευρωπαϊκών Κοινοτήτων For the Council of the European Communities Pour le Conseil des Communautés européennes Per il Consiglio delle Comunità europee Voor de Raad van de Europese Gemeenschappen Pelo Conselho das Comunidades Europeias Por la Comisión del Acuerdo de Cartagena Por el Gobierno de la República de Bolivia Por el Gobierno de la República de Colombia Por el Gobierno de la República del Ecuador Por el Gobierno de la República del Perú Por el Gobierno de la República de Venezuela ANNEX EXCHANGE OF LETTERS ON SHIPPING Brussels, Sir, We should be obliged if you would confirm the following: When the Agreement on cooperation between the European Community and the Cartagena Agreement and its Member States was signed, the Parties undertook to address in the appropriate manner issues relating to the operation of shipping, particularly where the development of trade might be hindered. In this respect, mutually satisfactory solutions on shipping will be sought, subject to observance of the principle of free and fair competition on a commercial basis. It has likewise been agreed that such issues should also be discussed by the Joint Committee. Please, accept, Sir, the assurance of my highest consideration. On behalf of the Council of the European Communities Brussels, Sir, I have the honour to acknowledge receipt of your letter of today's date and confirm the following: ‘When the Agreement on cooperation between the European Community and the Cartagena Agreement and its Member States was signed, the Parties undertook to address in the appropriate manner issues relating to the operation of shipping, particularly where the development of trade might be hindered. In this respect, mutually satisfactory solutions on shipping will be sought, subject to the observance of the principle of free and fair competition on a commercial basis. It has likewise been agreed that such issues should also be discussed by the Joint Committee.’ Please accept, Sir, the assurance of my highest consideration. For the Cartagena Agreement and its Member States Information concerning the entry into force of the framework Agreement on Cooperation between the European Economic Community and the Cartagena Agreement and its member countries, namely the Republic of Bolivia, the Republic of Colombia, the Republic of Ecuador, the Republic of Peru and the Republic of Venezuela Since the exchange of the instruments of notification of the completion of the procedures necessary for the entry into force of the above Agreement, signed in Copenhagen on 23 April 1993, took place on 23 April 1998, this Agreement will, pursuant to Article 37 thereof, enter into force on 1 May 1998.

Summary: EEC-Andean Community Cooperation Agreement EEC-Andean Community Cooperation Agreement SUMMARY OF: Decision 98/278/EC — conclusion of a framework agreement on cooperation between the European Economic Community and the Cartagena Agreement and its member countries, namely the Republic of Bolivia, the Republic of Colombia, the Republic of Ecuador, the Republic of Peru and the Republic of Venezuela Framework Agreement on Cooperation between the European Economic Community and the Cartagena Agreement and its member countries, namely the Republic of Bolivia, the Republic of Colombia, the Republic of Ecuador, the Republic of Peru and the Republic of Venezuela WHAT IS THE AIM OF THE DECISION AND THE FRAMEWORK AGREEMENT? The decision concludes the framework agreement on behalf of the European Economic Community (EEC; now the European Union (EU)). The framework agreement aims to consolidate, deepen and intensify relations between the 2 parties. KEY POINTS The ‘Andean Community’ is a free trade area set up under the Cartagena Agreement in 1969. It originally comprised 5 countries (Bolivia, Chile, Colombia, Ecuador and Peru) which were later joined by a sixth country, Venezuela. Two of the countries subsequently withdrew from the community — Chile (1976) and Venezuela (2006). Cooperation The parties agreed to set up economic cooperation with the widest possible scope. Areas of cooperation include: industry; science and technology; agriculture and fisheries; services; technical, health, and plant health regulations; regional development and frontier integration. The aims of the cooperation include: strengthening and diversifying their economic links; contributing to the sustainable development of their economies and standards of living; encouraging the expansion of trade to diversify and open up new markets; encouraging the flow of investment, technology transfer and reinforce investment protection; raising the level of employment and improve human productivity in the work sector; promoting rural development and improve technological capacity; supporting the movement towards regional integration; exchanging information on statistics and methodology. Means of cooperation include: greater contacts; joint participation of EU and Andean Community companies; technical assistance, research projects; promotion of joint ventures; exchange of information; and the formation of business networks. DATE OF ENTRY INTO FORCE The framework agreement entered into force on 1 May 1998. BACKGROUND The EU also has a Comprehensive Trade Agreement with Colombia, Peru and Ecuador (see summary). It has been provisionally applied to Colombia and Peru since 2013 and to Ecuador since 2017. MAIN DOCUMENTS Council Decision 98/278/EC of 7 April 1998 concerning the conclusion of a framework agreement on cooperation between the European Economic Community and the Cartagena Agreement and its member countries, namely the Republic of Bolivia, the Republic of Colombia, the Republic of Ecuador, the Republic of Peru and the Republic of Venezuela (OJ L 127, 29.4.1998, p. 10) Framework Agreement on Cooperation between the European Economic Community and the Cartagena Agreement and its member countries, namely the Republic of Bolivia, the Republic of Colombia, the Republic of Ecuador, the Republic of Peru and the Republic of Venezuela (OJ L 127, 29.4.1998, pp. 11-25) RELATED DOCUMENTS Council Decision 2012/735/EU of 31 May 2012 on the signing, on behalf of the Union, and provisional application of the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part (OJ L 354, 21.12.2012, pp. 1-2) Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part (OJ L 354, 21.12.2012, pp. 3-2607) Successive amendments to the Trade Agreement have been incorporated into the original text. This consolidated version is of documentary value only. Council Decision (EU) 2016/2369 of 11 November 2016 on the signing, on behalf of the Union, and provisional application of the Protocol of Accession to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, to take account of the accession of Ecuador (OJ L 356, 24.12.2016, pp. 1-2) Protocol of Accession to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, to take account of the accession of Ecuador (OJ L 356, 24.12.2016, pp. 3-1456) last update 06.04.2020


EUR-Lex - 31996R1257 - EN Avis juridique important | 31996R1257 Council Regulation (EC) No 1257/96 of 20 June 1996 concerning humanitarian aid Official Journal L 163 , 02/07/1996 P. 0001 - 0006 COUNCIL REGULATION (EC) No 1257/96 of 20 June 1996 concerning humanitarian aid THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 130w thereof,Having regard to the proposal from the Commission (1),Acting in accordance with the procedure laid down in Article 189c of the Treaty (2),Whereas people in distress, victims of natural disasters, wars and outbreaks of fighting, or other comparable exceptional circumstances have a right to international humanitarian assistance where their own authorities prove unable to provide effective relief;Whereas civilian operations to protect the victims of fighting or of comparable exceptional circumstances are governed by international humanitarian law and should accordingly be considered part of humanitarian action;Whereas humanitarian assistance encompasses not only relief operations to save and preserve life in emergencies or their immediate aftermath, but also action aimed at facilitating or obtaining freedom of access to victims and the free flow of such assistance;Whereas humanitarian assistance may be a prerequisite for development or reconstruction work and must therefore cover the full duration of a crisis and its aftermath; whereas, in this context, it may include an element of short-term rehabilitation aimed at facilitating the arrival of relief, preventing any worsening in the impact of the crisis and starting to help those affected regain a minimum level of self-sufficiency;Whereas there is a particular need for preventive action to ensure preparedness for disaster risks and, in consequence, for the establishment of an appropriate early-warning and intervention system;Whereas the effectiveness and consistency of the Community, national and international prevention and intervention systems set up to meet the needs generated by natural or man-made disasters or comparable exceptional circumstances should therefore be ensured and strengthened;Whereas humanitarian aid, the sole aim of which is to prevent or relieve human suffering, is accorded to victims without discrimination on the grounds of race, ethnic group, religion, sex, age, nationality or political affiliation and must not be guided by, or subject to, political considerations;Whereas humanitarian aid decisions must be taken impartially and solely according to the victims' needs and interests;Whereas close coordination between the Member States and the Commission both at decision-making level and on the ground constitutes the foundation for effective humanitarian action by the Community;Whereas the Community, as part of its contribution to the effectiveness of international humanitarian aid, must endeavour to cooperate and coordinate its action with that of third countries;Whereas, in pursuit of that same objective, criteria should be established for cooperation with non-governmental organizations and the international agencies and organizations specializing in the field of humanitarian aid;Whereas the independence and impartiality of non-governmental organizations and other humanitarian institutions in the implementation of humanitarian aid must be preserved, respected and encouraged;Whereas cooperation in the humanitarian sphere should be encouraged between non-governmental organizations in the Member States and other developed countries and their equivalents in the third countries concerned;Whereas the very nature of humanitarian aid calls for the establishment of efficient, flexible, transparent and, where necessary, rapid decision-making procedures for the financing of humanitarian operations and projects;Whereas procedures should be established for the implementation and administration of humanitarian aid financed by the European Community from the general budget, with emergency aid under the Fourth ACP-EC Convention signed at Lomé on 15 December 1989, amended by the Agreement amending the said Convention, signed at Mauritius on 4 November 1995 remaining subject to the procedures and arrangements laid down in that Convention,HAS ADOPTED THIS REGULATION:CHAPTER I Objectives and general principles of humanitarian aid Article 1 The Community's humanitarian aid shall comprise assistance, relief and protection operations on a non-discriminatory basis to help people in third countries, particularly the most vulnerable among them, and as a priority those in developing countries, victims of natural disasters, man-made crises, such as wars and outbreaks of fighting, or exceptional situations or circumstances comparable to natural or man-made disasters. It shall do so for the time needed to meet the humanitarian requirements resulting from these different situations.Such aid shall also comprise operations to prepare for risks or prevent disasters or comparable exceptional circumstances.Article 2 The principal objectives of the humanitarian aid operations referred to in Article 1 shall be:(a) to save and preserve life during emergencies and their immediate aftermath and natural disasters that have entailed major loss of life, physical, psychological or social suffering or material damage;(b) to provide the necessary assistance and relief to people affected by longer-lasting crises arising, in particular, from outbreaks of fighting or wars, producing the same effects as those described in subparagraph (a), especially where their own governments prove unable to help or there is a vacuum of power;(c) to help finance the transport of aid and efforts to ensure that it is accessible to those for whom it is intended, by all logistical means available, and by protecting humanitarian goods and personnel, but excluding operations with defence implications;(d) to carry out short-term rehabilitation and reconstruction work, especially on infrastructure and equipment, in close association with local structures, with a view to facilitating the arrival of relief, preventing the impact of the crisis from worsening and starting to help those affected regain a minimum level of self-sufficiency, taking long-term development objectives into account where possible;(e) to cope with the consequences of population movements (refugees, displaced people and returnees) caused by natural and man-made disasters and carry out schemes to assist repatriation to the country of origin and resettlement there when the conditions laid down in current international agreements are in place;(f) to ensure preparedness for risks of natural disasters or comparable exceptional circumstances and use a suitable rapid early-warning and intervention system;(g) to support civil operations to protect the victims of fighting or comparable emergencies, in accordance with current international agreements.Article 3 Community aid referred to in Articles 1, 2 and 4 may be used to finance the purchase and delivery of any product or equipment needed for the implementation of humanitarian operations, including the construction of housing or shelter for the victims, the costs associated with the outside staff, expatriate or local, employed for those operations, the storage, international or national transport, logistics and distribution of relief and any other action aimed at facilitating or obtaining freedom of access for aid recipients.It may also be used to finance any other expenditure directly related to the implementation of humanitarian operations.Article 4 Such Community aid referred to in Articles 1 and 2 may also be used to finance:- preparatory and feasibility studies for humanitarian operations and the assessment of humanitarian projects and plans,- operations to monitor humanitarian projects and plans,- small-scale training schemes and general studies in the field of humanitarian operations, to be phased out gradually where funding is over several years,- the cost of highlighting the Community nature of the aid,- public awareness and information campaigns aimed at increasing understanding of humanitarian issues, especially in Europe and in third countries where the Community is funding major humanitarian operations,- measures to strengthen the Community's coordination with the Member States, other donor countries, international humanitarian organizations and institutions, non-governmental organizations and organizations representing them,- the technical assistance necessary for the implementation of humanitarian projects, including the exchange of technical know-how and experience by European humanitarian organizations and agencies or between such bodies and those of third countries,- humanitarian mine-clearance operations, including campaigns to increase awareness of anti-personnel mines on the part of the local population.Article 5 Community financing under this Regulation shall take the form of grants.The operations covered by this Regulation shall be exempt from taxes, charges, duties and customs duties.CHAPTER II Procedures for the implementation of humanitarian aid Article 6 Humanitarian aid operations financed by the Community may be implemented either at the request of international or non-governmental agencies and organizations from a Member State or a recipient third country or on the initiative of the Commission.Article 7 1. Non-governmental organizations eligible for Community financing for the implementation of operations under this Regulation must meet the following criteria:(a) be non-profit-making autonomous organizations in a Member State of the Community under the laws in force in that Member State;(b) have their main headquarters in a Member State of the Community or in the third countries in receipt of Community aid. This headquarters must be the effective decision-making centre for all operations financed under this Regulation. Exceptionally, the headquarters may be in a third donor country.2. When determining a non-governmental organization's suitability for Community funding, account shall be taken of the following factors:(a) its administrative and financial management capacities;(b) its technical and logistical capacity in relation to the planned operation;(c) its experience in the field of humanitarian aid;(d) the results of previous operations carried out by the organization concerned, and in particular those financed by the Community;(e) its readiness to take part, if need be, in the coordination system set up for a humanitarian operation;(f) its ability and readiness to work with humanitarian agencies and the basic communities in the third countries concerned;(g) its impartiality in the implementation of humanitarian aid;(h) where appropriate, its previous experience in the third country involved in the humanitarian operation concerned.Article 8 The Community may also finance humanitarian operations by international agencies and organizations.Article 9 Where necessary, the Community may also finance humanitarian operations by the Commission or the Member States' specialized agencies.Article 10 1. In order to guarantee and enhance the effectiveness and consistency of Community and national humanitarian aid systems, the Commission may take any measure necessary to promote close coordination between its own activities and those of the Member States, both at decision-making level and on the ground. To that end, the Member States and the Commission shall operate a system for exchange of information.2. The Commission shall ensure that humanitarian operations financed by the Community are coordinated and consistent with those of international organizations and agencies, in particular those which form part of the United Nations system.3. The Commission shall endeavour to develop collaboration and cooperation between the Community and third-country donors in the field of humanitarian aid.Article 11 1. The Commission shall lay down the conditions for allocating, mobilizing and implementing aid under this Regulation.2. Aid shall not be implemented unless the recipient complies with these conditions.Article 12 All financing contracts concluded under this Regulation shall provide in particular that the Commission and the Court of Auditors may conduct checks on the spot and at the headquarters of humanitarian partners according to the usual procedures established by the Commission under the rules in force, and in particular those of the Financial Regulation applicable to the general budget of the European Communities.CHAPTER III Procedures for the implementation of humanitarian operations Article 13 The Commission shall decide on emergency action for an amount not in excess of ECU 10 million.The following operations shall be deemed to necessitate emergency action:- operations to meet immediate and unforeseeable humanitarian requirements generated by sudden natural or man-made disasters, such as floods, earthquakes and outbreaks of fighting or comparable situations,- operations limited to the duration of the unforeseeable emergency response: the corresponding funds shall cover the response to the humanitarian needs referred to in the first indent for a period of not more than six months laid down in the decision on financing.Where operations fulfil these conditions and are in excess of ECU 2 million:- the Commission shall adopt its decision,- it shall inform the Member States in writing within forty-eight hours,- it shall account for its decision at the Committee's next meeting, in particular giving the reasons for its use of the emergency procedure.Decisions to continue operations adopted by the emergency procedure shall be taken by the Commission, acting in accordance with the procedure laid down in Article 17 (3) and within the limits set in the second indent of Article 15 (2).Article 14 The Commission shall appraise, decide upon and administer, monitor and assess operations under this Regulation according to the budgetary and other procedures in force, and in particular those laid down in the Financial Regulation applicable to the general budget of the European Communities.Article 15 1. Acting in accordance with the procedure laid down in Article 17 (2), the Commission shall:- decide on Community financing for the humanitarian-aid protection operations referred to in Article 2 (c),- adopt implementing Regulations for this Regulation,- decide to take direct Commission action or finance action by Member States' specialized agencies.2. Acting in accordance with the procedure laid down in Article 17 (3), the Commission shall:- approve global plans intended to provide a coherent framework for action in a given country or region where the scale and complexity of the humanitarian crisis is such that it seems likely to continue, and the budgets for those plans. In this context, the Commission and the Member States shall examine the priorities to be established in the implementation of these global plans,- decide on projects in excess of ECU 2 million, without prejudice to Article 13.Article 16 1. Once a year the Committee referred to in Article 17 shall discuss general guidelines presented by a representative of the Commission for humanitarian operations to be undertaken in the year ahead and examine the whole question of the coordination of Community and national humanitarian aid and any general or specific issues concerning Community aid in that field.2. The Commission shall also submit to the Committee referred to in Article 17 information on changes in the instruments for administering humanitarian aid, including the framework partnership agreement.3. The Committee referred to in Article 17 shall also be notified of the Commission's intentions regarding the assessment of humanitarian operations, and, possibly, its timetable of work.Article 17 1. The Commission shall be assisted by a Committee composed of the representatives of the Member States and chaired by the representative of the Commission.2. Where the procedure laid down in this paragraph is to be followed the representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote.The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee.If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.If, on the expiry of a period of one month from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.3. Where the procedure laid down in this paragraph is to be followed, the representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote.The Commission shall adopt measures which apply immediately. However, if these measures are not in accordance with the opinion of the Committee, they shall be communicated by the Commission to the Council forthwith. In that event the Commission may defer application of the measures which it has decided for a period of one month from the date of such communication.The Council, acting by a qualified majority, may take a different decision within the time limit referred to in the previous paragraph.Article 18 1. The Commission shall regularly assess humanitarian aid operations financed by the Community in order to establish whether they have achieved their objectives and to produce guidelines for improving the effectiveness of subsequent operations. The Commission shall submit to the Committee a summary, which shall also indicate the status of the experts employed, of the assessment exercises carried out that it might, if necessary, examine. The assessment reports shall be available to the Member States on request.2. At the Member States' request, and with their participation, the Commission may also assess the results of the Community's humanitarian operations and plans.Article 19 At the close of each financial year, the Commission shall submit an annual report to the European Parliament and to the Council with a summary of the operations financed in the course of that year.The summary shall contain information concerning the agencies with which humanitarian operations have been implemented.The report shall also include a review of any outside assessment exercises which may have been conducted on specific operations.The Commission shall notify the Member States, within no more than one month of its decision and without prejudice to Article 13 of this Regulation, of the operations approved, indicating the amount granted, the nature of the operation, the people who have received aid and the partners involved.Article 20 Three years after entry into force of this Regulation, the Commission shall submit an overall assessment of the operations financed by the Community under this Regulation to the European Parliament and to the Council, together with suggestions for the future of the Regulation and, as necessary, proposals for amendments to it.Article 21 This Regulation shall enter into force on the third day following 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.Done at Luxembourg, 20 June 1996.For the CouncilThe PresidentP. BERSANI(1) OJ No C 180, 14. 7. 1995, p. 6.(2) Opinion of the European Parliament of 30 November 1995 (OJ No C 339, 18. 12. 1995, p. 60), Council common position of 29 January 1996 (OJ No C 87, 25. 3. 1996, p. 46) and Decision of the European Parliament of 21 May 1996 (OJ No C 166, 10. 6. 1996).

Summary: EU humanitarian aid instrument EU humanitarian aid instrument SUMMARY OF: Council Regulation (EC) No 1257/96 on humanitarian aid WHAT IS THE AIM OF THE REGULATION? EU humanitarian aid seeks to provide assistance, relief and protection to people affected by natural or manmade disasters and similar emergencies. The focus is on the most vulnerable victims. This regulation sets out the main goals, principles and procedures for implementing EU humanitarian aid operations. KEY PRIORITIES Principles EU assistance must be: based on real needs; directed at people in distress, regardless of nationality, religion, gender, age, ethnic origin or political affiliation; based on international humanitarian principles and the European Consensus on Humanitarian Aid. Beneficiaries EU assistance is coordinated by the European Commission's department for Civil Protection & Humanitarian Aid Operations (ECHO). The funding is intended for countries outside the EU. Sectors covered Humanitarian aid can be provided in many forms, each depending on the nature of the crisis, including: food and nutritional support; medical assistance and psycho-social support; water supplies and sanitation; shelter; emergency repairs to infrastructure; demining; education. Humanitarian aid can also address disaster risk reduction. Financing The EU, together with its member countries, is the world’s leading humanitarian aid donor. In 2014, some 121 million people from over 80 countries received help from the EU, amounting to over €1.27 billion. This provided relief in all major crisis regions around the world, including Syria, South Sudan, Yemen and Ukraine. Coordination with partners EU humanitarian aid is implemented through over 200 partner organisations, such as United Nations agencies, international organisations like the Red Cross and many non-governmental organisations (NGOs). To receive funding for a humanitarian project, partner organisations submit funding proposals and follow strict guidelines for evaluating and monitoring projects. Partners must acknowledge the EU’s support by displaying the EU visual identity at project sites. And they must closely coordinate their projects, to ensure the assistance is prompt and efficient. Long-term action Humanitarian aid is also deployed to boost resilience to future shocks, by providing longer-term development benefits, in line with: the EU approach to resilience; this EU policy paper on Relief, rehabilitation and development. FROM WHEN DOES THE REGULATION APPLY? It has applied since 5 July 1996. BACKGROUND For more information, see: Humanitarian aid; Humanitarian aid factsheet. MAIN DOCUMENT Council Regulation (EC) No 1257/96 of 20 June 1996 concerning humanitarian aid (OJ L 163, 2.7.1996, pp. 1–6) Successive amendments to Regulation (EC) No 1257/96 have been incorporated in the basic text. This consolidated version is of documentary value only. last update 26.07.2016


29.6.1995 EN Official Journal of the European Communities L 145/1 COUNCIL REGULATION (EC) No 1469/95 of 22 June 1995 on measures to be taken with regard to certain beneficiaries of operations financed by the Guarantee Section of the EAGGF THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas, at its meetings in June 1993 in Copenhagen and December 1994 in Essen, the European Council stressed the importance of pursuing the campaign against fraud and irregularities affecting the Community budget; whereas there should be a reinforcement of those measures designed to ensure that the Community funds intended for the implementation of the common agricultural policy (CAP) are not granted to persons or companies which do not offer all the guarantees of reliability as to the proper execution of the operations concerned; Whereas Article 8 of Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy (4), lays down, in particular, that Member States are under an obligation to take all the measures necessary to ensure that transactions financed by the Fund are actually carried out and properly executed, and to prevent and follow up irregularities; Whereas Council Regulation (EEC) No 595/91 of 4 March 1991 concerning irregularities and the recovery of sums wrongly paid in connection with the financing of the common agricultural policy and the organization of an information system in this field and repealing Regulation (EEC) No 283/72 (5), provides, among other things, for the Member States regularly to inform the Commission of cases of irregularities and judicial or administrative procedures sanctioning persons who have committed irregularities, in order to acquire systematic knowledge of the nature of the fraudulent practices and to recover sums wrongly paid; Whereas these provisions need to be supplemented by a Community system allowing all the national authorities to identify, in connection with tendering procedures, grant of export refunds or sales at reduced prices of intervention products, operators who have deliberately or as a result of serious negligence committed an irregularity prejudicial to Community funds or who are suspected on solid grounds of having done so; whereas, on that basis, there must be determined, in the light of the seriousness of the offence and depending on whether it has been established or suspected, a series of varied measures ranging from reinforced controls to the exclusion of the operators concerned from taking part in operations to be determined when their fraudulent actions are established; Whereas, in order to provide operators with a maximum of guarantees, it would be advisable to adopt the essential features of the corresponding provisions of Regulation (EEC) No 595/91, in particular with regard to the observance of confidentiality and professional secrecy and the national rules relating to criminal proceedings; whereas, with regard to data protection, the relevant provisions laid down for that purpose in the rules on mutual assistance in customs and agricultural matters may be applied; Whereas this system must be supplementary to the specific provisions already existing or to be adopted in the future under the CAP with a view to preventing irregularities, in particular those provisions relating to controls and sanctions established by the Commission by virtue of its powers confirmed by the Court of Justice; Whereas, furthermore, as part of an across-the-board campaign against fraud, on 7 July 1994 the Commission submitted a proposal for a Regulation (EC, Euratom) on protection of the Community's financial interests (6), whereas, on the adoption of that Regulation by the Council, the common set of legal rules enacted by it for all areas of Community policy will apply to the measures introduced by this Regulation; whereas, until that Regulation is adopted, provision should be made for the detailed rules for the application of this Regulation temporarily to include similar rules, in particular as regards the definition of the irregularities involved, HAS ADOPTED THIS REGULATION: Article 1 1. A Community system is hereby established for the purpose of identifying and making known as rapidly as possible to all the competent authorities of the Member States and the Commission operators presenting, on the grounds of experience acquired with them as regards the proper execution of their previous obligations, a risk of non-reliability in connection with tendering procedures, export refunds and sales at reduced prices or intervention products, financed by the Guarantee Section of the EAGGF. 2. For the purposes of this Regulation, ‘operators presenting a risk of non-reliability’ means operators, whether natural or legal persons, who: (a) according to a final decision of an administrative or judicial authority, have deliberately or through serious negligence committed an irregularity in respect of relevant Community provisions and have unjustly benefited from a financial advantage or attempted to benefit therefrom; (b) have been the subject, in this respect, on the basis of established facts, of a preliminary administrative or judicial report by the competent authorities of the Member State. 3. Pending the entry into force of horizontal provisions defining irregularities, the conduct referred to in paragraph 2 (a) shall be defined in accordance with the procedure laid down in Article 5. Article 2 1. The identification procedures and rules relating to notification shall be implemented on the initiative of the Member State in which the risk of the operator's non-reliability is identified. 2. Where a Member State fails to fulfil its obligation under paragraph 1 the Commission shall, within the framework of the existing legal provisions, ensure that the identification and notification system is implemented by the Member State concerned. Article 3 1. Member States shall take the following measures to deal with the operators referred to in Article 1 (2) (a): (a) reinforced checking of all operations performed by the operator, and/or (b) suspension, going as far as an administrative determination of the existence of an irregularity or of the absence of an irregularity, of payment of amounts relating to current operations, to be determined, and, where appropriate, of release of the guarantee relating thereto, and/or (c) their exclusion for a period of time from operations to be determined. The measures referred to under points (b) and (c) shall be determined by the competent authorities of the Member State in accordance with criteria laid down in accordance with the procedure provided for in Article 5, having due regard to the risk of further irregularities that may be committed by the operator. They shall be adopted after any formalities relating thereto laid down in the laws of the Member States have been completed. 2. As regards the operators referred to in Article 1 (2) (b), only the measures set out in paragraph 1 points (a) and (b) shall apply. 3. Where, under a tendering procedure, the Commission itself awards a contract, it shall, as appropriate, take or propose to the Member State, one or more of the measures set out in paragraph 1. Article 4 1. The measures referred to in Article 3 shall comply with the following principles, in accordance with the national law of the Member State: (a) a prior hearing and right of appeal by the operator concerned in respect of the measures referred to in Article 3 (1) (c) and, where appropriate, (b); (b) proportionality between the irregularity committed or suspected and one or other of the measures referred to in Article 3 (1), subject to the provisions to be established in accordance with the procedure laid down in Article 5; (c) non-discrimination between operators. 2. Member States and the Commission shall take all necessary precautions to ensure that the information which they exchange pursuant to this Regulation remains confidential. Such information may not, in particular, be sent to persons other than those in the Member States or within the Community institutions whose duties require that they have access to it, unless the Member State supplying it has expressly so agreed. Information communicated or acquired in any form under this Regulation shall be covered by professional confidentiality and protected in the same way as similar information is protected by the national legislation of the Member State that received it and by the corresponding provisions applicable to the Community institutions. In addition, that information may not be used for purposes other than those provided for in this Regulation unless the authorities providing it have expressly agreed and provided that the provisions in force in the Member State in which the authority that has received it is located do not prohibit such communication or use. As regards data protection, the relevant provisions laid down in the rules on mutual assistance in customs and agricultural matters shall apply. 3. The provisions of this Regulation shall not affect the application in the Member States of rules governing criminal proceedings and mutual assistance in criminal matters between Member States. They shall not prevent the use, in the context of judicial proceedings or of proceedings brought subsequently for non-compliance with agricultural regulations, of information obtained pursuant to this Regulation; in the latter case the competent authority of the Member State which provided such information shall be notified of such use. However, Member States shall take the administrative measures necessary to ensure that the provisions of the first subparagraph are applied in such a way as not to hinder the effective application of this Regulation as regards the operators referred to in Article 1 (2) (b). If national laws provide for the confidentiality of judicial investigations, communication of information as provided for in this Regulation shall be subject to authorization by the competent judicial authority. The competent administrative authority shall secure such authorization at the earliest opportunity. Article 5 Detailed rules for the application of this Regulation shall be adopted in accordance with the procedure laid down in Article 13 of Regulation (EEC) No 729/70. They shall concern, among other things: — the notifications to be made by the Member States; — the nature of the links between different natural or legal persons which may result in their being regarded as operators within the meaning of this Regulation; — the conditions under which operators may avoid the suspension of payments as referred to in Article 3 (1) (b) by lodging a security. Article 6 This Regulation shall be supplementary to the specific provisions under the CAP. Article 7 The Commission shall present to the European Parliament and the Council by 6 July 1997 a report on the implementation of this Regulation and, in the light of experience gained, shall propose amendments that may be needed to the arrangements introduced by this Regulation. Article 8 This Regulation shall enter into force on the seventh day following 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. Done at Brussels, 22 June 1995. For the Council The President Ph. VASSEUR (1) OJ No C 151, 2. 6. 1994, p. 13. (2) OJ No C 56, 6. 3. 1995, p. 175. (3) OJ No C 393, 31. 12. 1994, p. 81. (4) OJ No L 94, 28. 4. 1970, p. 13. Regulation as last amended by Regulation (EC) No 1287/95 (OJ No L 125, 8. 6. 1995, p. 1). (5) OJ No L 67, 14. 3. 1991, p. 11. (6) OJ No C 216, 6. 8. 1994, p. 11.

Summary: EU system to identify certain beneficiaries of transactions financed by the EAGGF Guarantee Section EU system to identify certain beneficiaries of transactions financed by the EAGGF Guarantee Section SUMMARY OF: Regulation (EC) No 1469/95 — measures to be taken with regard to certain beneficiaries of operations financed by the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) WHAT IS THE AIM OF THE REGULATION? It seeks to establish an EU-wide system to identify and notify the competent authorities in EU countries and the European Commission of operators (i.e. farmers) presenting a risk of non-reliability. It covers tendering procedures, export refunds and sales at reduced prices of intervention products, financed by the Guarantee Section of the EAGGF. KEY POINTS The identification procedures and notification must be implemented on the initiative of the EU country in which the risk of the operator’s non-reliability is identified. Where an EU country fails to fulfil this obligation, the Commission must ensure that it implements this identification and notification system. EU countries may take measures to deal with operators. These include in particular: the reinforced checking of all operations performed by the operator;the suspension, until the existence of an irregularity is determined, of payment of amounts relating to current operations to be determined, and, where appropriate, of release of the security relating thereto;their exclusion for a period of time from operations to be determined. These measures must comply with the following principles, in accordance with the national law of the EU country: a prior hearing and right of appeal by the operator concerned;proportionality between the irregularity committed or suspected and the measures to be applied;non-discrimination between operators. EU countries and the Commission must take all necessary precautions to ensure that the information which they exchange in accordance with this regulation is kept confidential. This regulation supplements the specific rules under the common agricultural policy. FROM WHEN DOES THE REGULATION APPLY? It has applied since 6 July 1996. BACKGROUND For more information, see: Financing the common agricultural policy (European Commission). MAIN DOCUMENT Council Regulation (EC) No 1469/95 of 22 June 1995 on measures to be taken with regard to certain beneficiaries of operations financed by the Guarantee Section of the EAGGF (OJ L 145, 29.6.1995, pp. 1-3) RELATED DOCUMENT Commission Regulation (EC) No 745/96 of 24 April 1996 laying down detailed rules for the application of Council Regulation (EC) No 1469/95 on measures to be taken with regard to certain beneficiaries of operations financed by the Guarantee Section of the EAGGF (OJ L 102, 25.4.1996, pp. 15-18) last update 24.05.2019