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Europaudvalget 2005-06
2743+2744 - almindelige anl. Bilag 5
Offentligt

GENERAL SECRETARIAT

OF THE COUNCIL

Brussels, 12 July 2006

Doc. n

127/1/06 REV 1 DEVGEN

DG E II - Development

NOTE

for the Members of the Development Cooperation Working Party

______________

Subject:

Regulation of the European Parliament and of the Council establishing a

financing instrument for development cooperation

Revised Finnish Presidency draft

Delegations will find attached the above mentioned document. Text proposals for some

outstanding issues will follow shortly in a separate document.

____________

Doc. n° 127/1/06 REV 1 DEVGEN

DG E II

JVE/kv

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REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a

financing instrument for development cooperation

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article

179(1)

thereof,

Having regard to the proposal from the Commission,

Acting in accordance with the procedure referred to in Article 251 of the Treaty,

Whereas:

(1) A new framework for planning and delivering assistance is proposed in order to make the

Community's external assistance more effective. Council Regulation (EC) No [.] of [ ] establishes an

Instrument for Pre Accession (IPA) for Community assistance to candidate and potential candidate

countries. Regulation (EC) No [.] of the European Parliament and of the Council of [.] establishes a

European Neighbourhood and Partnership Instrument (ENPI).

Council Regulation (EC) No of [.]

establishes an instrument for industrialised and other high-income countries and territories.

Regulation (EC) No [.] of the European Parliament and of the Council of [.] establishes a

financing instrument for the promotion of democracy and human rights worldwide.

This

Regulation establishes a financing instrument for development cooperation (DCI) providing direct

support for the European Community development cooperation policy.

(2) The Community pursues a development cooperation policy aimed at achieving the objectives of

poverty reduction, sustainable economic and social development and the smooth and gradual

integration of developing countries into the world economy.

(3) The Community pursues a cooperation policy that fosters cooperation, partnerships and joint

undertakings between economic players in the Community and partner countries and regions, and

promotes dialogue between political, economic and social partners in relevant sectors.

(4) The Community's development cooperation policy and international action are guided by the

Millennium Development Goals, such as the eradication of extreme poverty and hunger, adopted by

the UN General Assembly in 2000, and the main development objectives and principles approved by

the Community and its Member States in the context of the United Nations and other competent

international organisations in the field of development cooperation.

(5) A political environment which guarantees peace, security and stability, respect for human rights,

fundamental freedoms, democratic principles, the rule of law, good governance and gender equality is

fundamental to long-term development.

(6) Sound and sustainable economic policies are a prerequisite for development.

(7)

The members of the World Trade Organisation (WTO) committed themselves at the 4th

Ministerial Conference in Doha to mainstreaming trade in development strategies and to

providing trade-related technical and capacity-building assistance as well as the necessary

measures seeking to facilitate the transfer of technology through and for trade, to enhance the

relationship between foreign direct investment and trade, and the mutual interrelation of trade

and environment, and to help developing countries take part in new trade negotiations and

implement their results.

All delegations entered a general study reserve.

Study reserve FR, DE, MT.

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(8) The Joint Statement by the Council and the Representatives of the Governments of the Member

States meeting within the Council, the European Parliament and the Commission on European Union

Development Policy: 'The European Consensus' of 20 December 2005

, and any subsequent

modifications, provides the general framework for action by the Community on development matters.

should steer

the planning and implementation of the development assistance and cooperation

strategies.

(9) Development cooperation should be implemented through geographic and thematic programmes.

Geographic programmes should support the development of and reinforce the cooperation with

countries and regions in Latin America, Asia, Central Asia, the Middle East and South Africa.

(10) The Community and its Member States have concluded partnership and cooperation agreements

with some of these partner countries and regions aimed at making a significant contribution to the

long-term development of the partner countries and the wellbeing of their people. The essential

elements on which these partnership and cooperation agreements are based are the common and

universal values of respect for and promotion of human rights, fundamental freedoms, democratic

principles and the rule of law. The pursuit and deepening of bilateral relations between the Community

and partner countries and consolidation of multilateral institutions are important factors in making a

significant contribution to balancing and developing the world economy, and also in strengthening the

Community's and partner countries’ and regions’ role and place in the world.

(11) While thematic programmes should primarily support developing countries, non-

developing countries should also be eligible to thematic programmes under the conditions set out

in this Regulation. The Community should finance thematic programmes in countries, regions

and territories eligible to assistance under a geographic programme provided for under this

Regulation, to assistance under Regulation No [.] of the European Parliament and of the Council

of [.] laying down general principles establishing a European Neighbourhood and Partnership

Instrument (ENPI) or to geographic cooperation according to the European Development Fund

(EDF).

Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas

countries and territories (OCTs) with the European Community lays down the conditions for the

eligibility of OCTs to the thematic activities of development assistance funded by the Community

budget,

which are not altered by this Regulation. The review of the Decision, due before

31 December 2006, will continue to set out the eligibility of OCTs to thematic programmes.

(12) Thematic programmes should provide distinctive added value and complement

programmes of a geographic nature, which remain the preferred framework for Community

cooperation with third countries. Development cooperation implemented through thematic

programmes should be subsidiary to geographic programmes set out in this Regulation and in

Regulation No [.] of the European Parliament and of the Council of [.] laying down general

principles establishing a European Neighbourhood and Partnership Instrument (ENPI) and to

cooperation under the European Development Fund.

They encompass a specific area of activity of

interest to a group of partner countries not determined by geography, or cooperation activities

addressed to various regions or groups of partner countries, or an international operation that is not

geographically specific. They also have an important role in developing Community policies

externally and ensuring sectoral consistency and visibility.

(13) Thematic programmes

should support actions in the areas of human and social development,

environment and sustainable management of natural resources, including energy, non state actors and

local authorities, food security and migration and asylum.

They are inspired by the corresponding

communications from the Commission to the Council and the European Parliament.

JO C 46 of 24.2.2006, p.1.

Reserve FR, NL. FR, UK and NL request a guarantee on the future eligibility of OCTs to thematic

programmes. Coucil Legal Service: delete last sentence (+ reserve ES, SE, SK, CZ, IT , EE, MT and

COM).

COM(2006)18 final; COM(2006) 19 final; COM(2006) 20 final; COM(2006) 21 final; COM(2006) 26

final. Reserve FR, NL, UK.

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(14) The thematic programme on migration and asylum should contribute to the realisation of

the objective set out in the European Council conclusions of 15 December 2005, namely to

intensify the Community financial assistance in areas concerning or related to migration in

respect of its relations with third countries, including by an allocation of up to 3% of Regulation

No [.] of the European Parliament and of the Council of [.] laying down general principles

establishing a European Neighbourhood and Partnership Instrument (ENPI), and comparable

efforts in respect of other relevant financial instruments.

(15) Community policy on food security has evolved towards support to broad-based food security

strategies at national, regional and global level, limiting the use of food aid to humanitarian situations

and avoiding disruptive effects on local production and markets, and needs to take into account the

specific situation of countries that are structurally fragile and highly dependent on support to food

security, in order to avoid a steep reduction of Community assistance to these countries.

(16) Following up on Regulation (EC) No 266/2006 of the European Parliament and the Council of 15

February 2006 establishing accompanying measures for Sugar Protocol countries, assistance to Sugar

Protocol ACP countries affected by the reform of the Common market for sugar should also be

provided and aim at supporting their adjustment process.

(17) In implementing the Community's development policy, more effective aid, greater

complementarity and better harmonisation,

alignment

and coordination of procedures, both between

the Community and its Member States and in relations with other donors and development actors, are

essential to ensuring the consistency and relevance of aid whilst at the same time reducing the costs

borne by partner countries as approved in the Declaration adopted by the High Level Forum on

Harmonization, held in Paris, March 2005.

(18) In order to achieve the objectives of this Regulation it is necessary to pursue a differentiated

approach depending on development contexts and needs, supporting partner countries or regions with

specific, tailor-made programmes, based on their own needs, strategies, priorities and assets.

(19) The key to the success of development policies is whether the partner countries take ownership of

the development strategies, and, to this end, the greatest possible involvement of all sections of society

should be encouraged. With a view to ensuring efficiency and transparency and encouraging countries

to take ownership, donors' cooperation strategies and implementation procedures should where

possible, be aligned on those of the partner countries.

(20) Taking into consideration the need to ensure effective bridging between humanitarian relief and

long-term development assistance, measures eligible under Regulation (EC) [.] of the European

Parliament and of the Council of [.] establishing an Instrument for Stability should not, in principle, be

funded under this Regulation, except where there is a need to ensure continuity of cooperation from

crisis to stable conditions for development.

(21) Untying aid […]

is a key factor in adding value to aid and in building local capacity. Rules on

participation in tenders and grant contracts, as well as rules concerning the origin of supplies should be

set down in accordance with most recent developments concerning the untying of aid. While

Regulation (EC) No 2110/2005 of the European Parliament and of the Council of 14 December 2005

on access to Community external assistance should be repealed in order to take account of the new

architecture of external assistance, its essential provisions should be incorporated into this Regulation.

(22) Assistance should be managed in accordance with the rules for External Aid contained in

Council

Regulation (EC, Euratom) N°1605/2002, with due provisions aimed at protecting the financial

interests of the Community.

(23) This Regulation establishes a financial allocation for the period 2007-2013 which will be the

prime reference, within the meaning of Point 38 of the Interinstitutional Agreement of 17 May 2006

Reserve FR, ES: reintroduce [to an appropriate extent].

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between the European Parliament, the Council and the Commission on budgetary discipline and

improvement of the budgetary procedure.

(24) Measures should be adopted for implementation of this Regulation in accordance with Council

Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing

powers conferred on the Commission. Programming documents and some specific implementation

measures should be adopted by the management committee procedure.

(25) The objectives of the proposed cooperation with developing countries, territories and regions that

are not Community Member States and are not eligible for Community aid under Council Regulation

(EC) No [.] of [ ] establishing an Instrument for Pre Accession (IPA) or

Regulation No [.] of the

European Parliament and of the Council of [.] laying down general principles establishing a

European Neighbourhood and Partnership Instrument (ENPI),

cannot be sufficiently achieved by

the Member States and can, by reason of the scale of the action, be better achieved by the Community.

The Community may therefore adopt measures in accordance with the principle of subsidiarity

enshrined in Article 5 of the Treaty. In accordance with the principle of proportionality laid down in

that Article, this Regulation does not go beyond what is necessary to achieve these objectives.

(26) This Regulation makes it necessary to repeal the current set of Regulations in view of the

restructuring of the external action instrument, notably in the field of development cooperation,

HAVE ADOPTED THIS REGULATION:

Article 1

Overall purpose and scope

(1)

In accordance with Article

179

of the Treaty establishing the European Community,

the

Community shall finance measures aimed at supporting cooperation with developing countries,

territories and regions

included in the list of aid recipients of the Development Assistance

Committee of the Organization for Economic Cooperation and Development (OECD/DAC), and

set out

in Annex 1 to this regulation (hereinafter referred to as "partner countries and regions"). The

Commission shall amend

Annex 1

in accordance with regular OECD/DAC reviews of its

list of aid

recipients

and inform the

European Parliament and the

Council thereof.

(2) The

Community shall finance

thematic programmes in countries, regions and territories

eligible to assistance under a geographic programme of this Regulation, set out in Articles 5 to

10, to assistance under Regulation No [.] of the European Parliament and of the Council of [.]

laying down general principles establishing a European Neighbourhood and Partnership

Instrument (ENPI) or to geographic cooperation under the European Development Fund.

(3)

For the purposes of this Regulation, a region is defined as a geographical entity comprising more

than one developing country.

TITLE I

Eligibility OCTs for thematic programs to be addressed. Reserve UK, NL, FR, DK: clear reference in

this provision and a list in the Annexes.

Council Legal Service: delete this sentence.

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OBJECTIVES AND PRINCIPLES

Article 2

Objectives

(1) Community assistance shall support cooperation with partner countries and regions in accordance

with the provisions of Title XX of the Treaty.

(2) The primary and overarching objective of such cooperation under this Regulation shall be the

eradication of poverty in partner countries and regions in the context of sustainable development,

including pursuit of the Millennium Development Goals, as well as the promotion of democracy, good

governance and respect for human rights.

Consistently with this objective, cooperation with partner

countries and regions shall:

–

consolidate and support democracy, the rule of law, human rights

and fundamental

freedoms, good governance, gender equality

and related instruments of international law;

foster the sustainable development - including political, economic, social and environmental

aspects - of partner countries and regions, and more particularly the most disadvantaged

among them;

encourage their smooth and gradual integration into the world economy;

help develop international measures to preserve and improve the quality of the environment

and the sustainable management of global natural resources, in order to ensure sustainable

development;

and strengthen the relationship between the Community and partner countries and regions.

–

(3) Community cooperation under this Regulation shall comply with the commitments and objectives

in the field of development cooperation that the Community has approved in the context of the United

Nations and other competent international organisations in the field of development cooperation.

(4) Community development policy, as laid down in Title XX of the Treaty, shall provide the legal

framework for cooperation with partner countries and regions. The Joint Statement by the Council and

the representatives of the governments of the Member States meeting within the Council, the

European Parliament and the Commission on European Union Development Policy: 'The European

consensus' of 20.12.2005

and any subsequent modifications shall provide the

general

framework,

orientations and focus to

steer

the implementation of Community cooperation with partner countries

and regions under this Regulation.

[(5)

When measures

financed under this Regulation

are drawn up, they

shall fulfil the criteria for

Official Development Assistance established by the Development Assistance Committee of the

OECD.

Presidency: this will be subject to changes given to new situation of ENPI countries in the regulation]

(6) Community assistance under this Regulation shall not be used to finance the procurement of arms

or ammunition, and operations having military or defence implications.

Reserve UK, ES: delete [as well as….human rights] as redundant with first indent.

MT, NL, SK: add [rule of law].

Reserve DK, SE, NL, PT, EI.

OJ C 46 of 24.2.2006, p. 1.

Reserve DK, SE, EI, PT, LU, UK, FR.

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(7) Measures covered by Regulation (EC) [.] of the European Parliament and of the Council of [.]

establishing an Instrument for Stability, and especially its Article 4, and eligible for funding there

under shall not, in principle, be funded under this Regulation, except where there is a need to ensure

continuity of cooperation from crisis to stable conditions for development.

Without prejudice to the need to ensure continuity of cooperation from crisis to stable conditions

for development, measures covered by, and eligible for funding under

Council Regulation

1257/96 of June 1996 concerning humanitarian aid

, shall not be funded under this Regulation.

Article 3

General principles

(1) The Community is founded on the values of democracy, the rule of law, respect for human rights

and fundamental freedoms and seeks to develop and consolidate commitment to these values in

partner countries and regions through dialogue and cooperation.

(2)

In the implementation of this regulation, a differentiated approach depending on development

contexts and needs shall be pursued so that partner countries or regions are provided with specific,

tailor-made co-operation, based on their own needs, strategies, priorities and assets.

Least developed countries and low income countries shall be given priority in terms of overall

resource allocation in order to achieve the Millenium Development Goals. Appropriate attention shall

be given to support the pro-poor development of middle income countries, particularly the lower

middle income countries.

(3)

Mainstreaming of

the following cross-cutting issues

shall be undertaken in all programmes:

the

promotion of human rights, gender equality, democracy, good governance, the rights of the child and

indigenous peoples’ rights, environmental sustainability and combating HIV/AIDS.

In addition,

particular attention shall be given to strengthening the rule of law, improving access to justice

and supporting civil society.

(4) The Community shall take account of the objectives laid down in Title XX of the Treaty and in

Article 2 herein, in all policies which are likely to affect partner countries and regions. For measures

financed under this Regulation, the Community shall also aim to ensure coherence with other areas of

its external action as well as with other Community policies.

This shall be ensured in formulating

policy, strategic planning and the programming and implementation of measures.

(5) The Community and the Member States shall improve coordination and complementarity of their

policies on development cooperation by responding to partner countries and regions' priorities at

country and regional level. Community policy in the sphere of development cooperation shall be

complementary to the policies pursued by the Member States.

(6) The Commission and the Member States shall seek regular and frequent exchanges of information,

including with other donors and promote better donor coordination and complementarity by working

towards joint multiannual programming, based on partner countries' poverty reduction or equivalent

strategies and country's own budget processes, common implementation mechanisms including shared

analysis, joint donor wide missions, and the use of co-financing arrangements.

OJ L 163 of 2.7.1996, p. 1.

Reserve EE linked to allocation criteria.

Reserve FR, UK: delete last sentence. COM: add [promoting dialogue, participation and reconciliation,

and institution building].

UK, NL, LU: add [with the aim of ensuring that non development policies can assist partner countries

and regions in achieving the MDGs.].

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(7) Within their respective spheres of competence, the Community and the Member States shall

promote a multilateral approach to global challenges and foster cooperation with multilateral and

regional organisations and bodies such as international financial institutions, United Nations agencies,

funds and programmes, and other bilateral donors.

(8) The Community shall promote effective cooperation with partner countries and regions in line with

international best practice. It shall promote:

a) a development process that is partner country led and owned. The Community shall

increasingly align its support with partners’ national development strategies, reform policies

and procedures. The Community shall contribute to strengthening the process of mutual

accountability between partner governments and donors and promote local expertise and local

employment;

b) inclusive and participatory approaches to development and a broad involvement of all

segments of society in the development process and in national dialogue, including political

dialogue;

c) effective cooperation modalities and instruments as set out in Article 25, adapted to the

particular circumstances of each partner country or region, with a focus on programme-based

approaches, delivery of predictable aid funding, the development and use of country systems

and on results-based approaches to development including, where appropriate, Millenium

Development Goals’ targets and indicators;

d) improved impact of policies and programming through coordination and harmonisation

between donors to reduce overlap and duplication, to improve complementarity and to support

donor wide initiatives. Coordination shall take place in partner countries and regions using

agreed guidelines and best practice principles on coordination and aid effectiveness.

(9) The Commission shall inform and seek regular exchanges of views with the European

Parliament.

(10) The Commission shall seek regular exchanges of information with civil society.

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TITLE II

GEOGRAPHIC AND THEMATIC PROGRAMMES

PROGRAMMES

Article 4

Consistent with the overall purpose and scope, objectives and general principles of this Regulation,

Community assistance shall be implemented through geographic and thematic programmes set out in

Articles

5 to 16

and the programme set out in Article

17.

Article 5

Geographic programmes

(1) A geographic programme shall encompass cooperation in appropriate areas of activity with partner

countries and regions determined on a geographical basis.

(2)

Consistent with the overall purpose and scope, objectives and general principles of this

Regulation,

Community assistance to Latin America, Asia, Central Asia, the Middle East as defined

in Annex

as well as South Africa shall include actions within the following areas of cooperation:

a) supporting the implementation of policies aimed at poverty eradication and at the achievement of

the Millennium Development Goals;

Human development

b) addressing the essential needs of the population with

prime

attention to primary education and

health,

in particular by:

Health:

i) increasing access to health services for lower income population groups and

marginalised groups, with a central focus on the related Millenium Development

Goals, namely reducing child mortality, improving maternal and child health and

sexual and reproductive health and rights addressing poverty diseases, in particular

HIV/AIDS, tuberculosis and malaria;

ii) strengthening health systems in order to prevent human resource crises in the

health sector;

iii) enhancing capacities in public health and research and development;

Education

iv) giving priority in primary education to achieving quality primary education

followed by vocational training and to reduce inequalities in terms of access to

education;

v) aiming at achieving universal primary education by 2015, thereby achieving gender

equality in access to education;

Reserve CZ: Article 17 should have its own title.

Study reserve MT, SK.

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vi)

promoting vocational training, higher education,

cultural,

scientific and technological

cooperation, academic and cultural exchanges as well as enhancing mutual understanding

between partner countries and regions and the Community;

Social cohesion and employment

c) promoting social cohesion as a priority policy of the relations between the Community and

partner countries, with a focus on social and fiscal policies, thereby fighting against poverty,

inequality and exclusion of vulnerable groups;

d) promoting and protecting

gender equality, indigenous peoples’ rights and the rights of the child,

including supporting implementation of the UN Convention on the Rights of the Child;

e) strengthening the institutional framework to promote and facilitate the creation of small and

medium sized enterprises with a view to stimulating job creation

Governance, democracy, human rights and support for institutional reforms

promoting and protecting fundamental freedoms and human rights, strengthening democracy, the

rule of law, access to justice, good governance

including actions to combat corruption, by inter alia

capacity building and strengthening the institutional and legislative framework, particularly in

the areas of national administration, design and implementation of policies and management of

public finances and national resources;

g) supporting

an active civil society,

including civil society organisations representing people

living in poverty,

as well as promoting dialogue, participation and reconciliation, and institution

building;

fostering cooperation and policy reform in the fields of security and justice, especially as regards

asylum and migration, the fight against drugs and other trafficking including trafficking in human

beings, corruption and money laundering

;

fostering cooperation and policy reform in the field of migration and asylum with partner countries

and promoting capacity building initiatives to ensure the formulation and implementation of pro-

development migration policies;

supporting effective multilateralism, in particular through the adhesion to and the effective

implementation of international law and multilateral agreements relevant to the field of development;

Trade and regional integration

assisting partner countries and regions on trade, investment and regional integration including

technical assistance and

capacity building to design and implement sound trade policies, favouring a

more conducive business environment, sound economic and financial policies and private sector

development, with a view to partner countries and regions benefiting from their integration into the

world economy and to supporting social justice and pro-poor growth;

l) supporting accession to the World Trade Organisation and implementation of WTO

agreements by technical assistance and capacity building, in particular the implementation of

the trade-related aspects of intellectual property (TRIPS), notably in the area of public health;

m) supporting economic and trade cooperation and strengthening investment relations between

the European Community and partner countries and regions, including by actions to promote

ensure that private actors, including local and European businesses, contribute to socially

responsible economic development, including the respect of ILO core labour standards;

Reserve UK, PT: delete [security, fight against drugs and money laundering].

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Environment and sustainable development of natural resources

promoting sustainable development through environmental protection and

sustainable

management

of natural resources, including

biodiversity,

and energy efficiency;

o) supporting improvements in the urban environment, including sustainable patterns of

production and consumption and the safe and sustainable management of chemicals and waste,

taking into account their impacts on health;

p) ensuring respect for and supporting the implementation of international environment

agreements such as the Convention on Biological Diversity, the Convention on Desertification

and the Framework Convention on Climate Change;

q) developing capacities for emergency preparedness and prevention of natural disasters;

Water and energy

r) supporting the sustainable management of water, with particular emphasis on universal

access to safe drinking water and sanitation and sustainable and efficient use of water resources,

including for agricultural and industrial purposes;

s) fostering greater use of sustainable energy technologies;

Infrastructure, communication and transport

t) contributing to the development of economic infrastructure, including support to regional

integration, and promoting the increased use of information and communication technologies

Rural development, territorial planning, agriculture and food security

u) supporting sustainable rural development, particularly with a view to ensuring food security;

Conflict prevention and fragile states

reconstructing and rehabilitating, in the medium- and long-term, regions and countries affected by

conflict, man-made and natural disasters, including support for mine-action, demobilisation and

reintegration actions, while ensuring the continuum between relief, rehabilitation and development in

accordance with Article 2(7)

; bearing in mind the competences of the Community and its Member

States;

carrying-out medium- and long-term activities aimed at the self-sufficiency and integration or

reintegration of uprooted people;

addressing development challenges common to the Community and its partners, in particular

support to sectoral dialogues, to the implementation of bilateral agreements and any other area of

action consistent with the scope of this regulation.

Article 6

Latin America

Community assistance to Latin America shall support actions consistent with Article 5 and with the

overall purpose and scope, objectives and general principles of this Regulation. Additional attention

shall be paid to the following areas of cooperation, reflecting the specific situation in Latin America:

Reserve FR.

Reserve UK: delete [mine-action, demobilisation and reintegration actions].

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a) promoting social cohesion as a shared goal and priority policy of Community-Latin America

relations thereby fighting against poverty, inequality and exclusion. Particular attention shall be paid

to social welfare and tax policies, productive investment for more and better jobs, policies to combat

discrimination and drugs production, consumption and trafficking, and improvements in basic social

services, in particular health and education;

b) encouraging greater regional integration

that can contribute to economic growth and poverty

reduction,

including the support to different processes of regional integration and to the

interconnection of network infrastructures, while ensuring complementarity with activities supported

by European Investment Bank and other institutions;

c) supporting the reinforcement of good governance and public institutions, and of the protection of

human rights, including the rights of the child and indigenous peoples’ rights;

d) supporting the creation of a common EU-Latin American higher education area;

e) promoting sustainable development in all its dimensions, with particular attention to the protection

of forests and biodiversity.

Article 7

Asia

Community assistance to Asia shall support actions consistent with Article 5 and with the overall

purpose and scope, objectives and general principles of this Regulation. Additional attention shall be

paid to the following areas of cooperation, reflecting the specific situation in Asia:

a) pursuing Millennium Development Goals in the field of health, including HIV/Aids, and education,

inter alia through policy dialogue for sectoral reform;

b) addressing governance issues in particular in fragile States so as to help build legitimate, effective

and resilient public institutions and an active and organised civil society, and to enhance the protection

of human rights, including the rights of the child;

c) encouraging greater regional integration and cooperation (…)

through support to different

processes of regional integration and dialogue;

d) contributing to the control of epidemics and zoonosis as well as to the rehabilitation of the affected

sectors;

e) promoting sustainable development in all its dimensions, with particular attention to the

protection of forests and biodiversity;

f) fighting against drugs production, consumption and trafficking and against other trafficking.

Article 8

Central Asia

Community assistance to Central Asia shall support actions consistent with Article 5 and with the

overall purpose and scope, objectives and general principles of this Regulation. Additional attention

shall be paid to the following areas of cooperation, reflecting the specific situation in Central Asia:

Reserve UK, PT on deletion of [that can contribute to economic growth and poverty reduction].

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a) promoting constitutional reforms and legislative, administrative and regulatory approximation with

the Community, including strengthening of national institutions and bodies responsible for the

effective implementation of policies in areas covered in the Partnership and Cooperation Agreements,

such as election bodies, parliaments, public administration reform and public financial management;

b) promoting the development of a market economy and partner countries' integration into the World

Trade Organisation, while addressing the social aspects of the transition;

c) supporting efficient border management and cross-border cooperation to promote sustainable

economic, social and environmental development in border regions;

d) fighting against

drugs production, consumption and trafficking and against other trafficking;

e) fighting against

HIV/Aids;

promoting regional cooperation, dialogue and integration, including with countries covered by

Regulation No [.] of the European Parliament and of the Council of [.] laying down general

principles establishing a European Neighbourhood and Partnership Instrument (ENPI) and

other Community instruments,

in particular promoting cooperation in the environment - notably

water and sanitation -, education, energy and transport sectors, including the security and safety of

international energy supply and transport operations

, on interconnections, the networks and their

operators, renewable energy sources, energy efficiency.

Article 9

Middle East

Community assistance to the Middle East shall support actions consistent with Article 5 and with the

overall purpose and scope, objectives and general principles of this Regulation. Additional attention

shall be paid to the following areas of cooperation, reflecting the specific situation in the Middle East:

a) encouraging social cohesion to ensure social equity, notably in relation to the use of domestic

national resources and to ensure political equality in particular through the promotion of human

rights, including gender equality;

b) promoting economic diversification, the development of a market economy, and partner countries'

integration in the World Trade Organisation;

c) promoting regional cooperation, dialogue and integration,

that can contribute to economic growth

and poverty reduction

including with countries covered by

Regulation No [.] of the European

Parliament and of the Council of [.] laying down general principles establishing a European

Neighbourhood and Partnership Instrument (ENPI)

and other Community instruments via the

support to integration efforts within the region, for example on the economy, energy, transportation

and refugees;

d) supporting the conclusion of international agreements and the effective implementation of

international law, in particular UN resolutions and multilateral conventions.

e) addressing governance issues in particular in fragile States so as to help build legitimate, effective

and resilient public institutions and an active and organised civil society, and to enhance the protection

of human rights, including the rights of the child.

Article 10

South Africa

Reserve UK on [including…….transport operations].

Reserve PL.

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Community assistance to South Africa shall support actions consistent with Article 5 and with the

overall purpose and scope, objectives and general principles of this Regulation. Additional attention

shall be paid to the following areas of cooperation, reflecting the specific situation in South Africa:

a) supporting the consolidation of a democratic society and a State governed by the rule of law

and

contributing to regional and continental stability and integration;

b) providing support to the adjustment efforts

occasioned in the region by the establishment of free-

trade areas under the Trade, Development and Cooperation Agreement and other regional

arrangements;

supporting the fight against poverty, inequality and exclusion, including by

addressing the

basic needs of the previously disadvantaged communities;

d) addressing the HIV/Aids pandemic and its impacts on the South African society.

Article 11

Thematic programmes

(1) A thematic programme shall be subsidiary to programmes

referred to in Articles 5 to 10

and shall

encompass a specific area of activity of interest to a group of partner countries not determined by

geography, or cooperation activities addressed to various regions or groups of partner countries, or an

international operation that is not geographically specific.

(2) Consistent with the overall purpose and scope, objectives and general principles of this regulation,

the actions undertaken by thematic programmes shall add value to and be additional and coherent with

actions funded under geographic programmes. The following principles shall apply to these actions:

a) Community policy objectives cannot be achieved in an appropriate or effective manner through

geographic programmes and the programme is implemented by or through an intermediary

organisation such as non governmental organisations, other non state actors, international

organisations or multilateral mechanisms. This includes global initiatives supporting the Millenium

Development Goals, sustainable development or global public goods and actions in Member States

and acceding countries by way of derogation to Article

as foreseen in the relevant thematic

programme,

and/or

b) actions in partner countries and regions of the following nature :

- multi-regional and/or cross-cutting actions, including pilot projects and innovatory policies;

- actions in cases where there is no agreement on the action with the partner government(s);

- actions relevant to the purpose of a specific thematic programme which respond to a Community

policy priority or an international obligation or commitment of the Community;

- where appropriate, actions in cases where there is no geographic programme or it has been

suspended.

Article 12

Investing in people

SK, MT,LUX: add [good governance].

Reserve ES.

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(1) The objective of Community assistance under the thematic programme Investing in people shall be

to support actions in areas which directly affect people’s living standards and well-being defined

below and focussing on the poorest and least developed countries and the most disadvantaged sections

of the population.

(2) To achieve the objective referred to in paragraph 1

and consistent with Article 11,

the programme

shall include the following areas of activity:

a) Good health for all:

i) fight against poverty diseases targeting the major communicable diseases such as laid down in the

European Programme for action to confront HIV/AIDS, malaria and tuberculosis;

ii) support actions to improve reproductive and sexual health in developing countries and to secure

respect for the rights relating thereto and provide financial assistance and appropriate expertise with a

view to promoting a holistic approach to, and the recognition of, reproductive and sexual health and

rights as defined in the ICPD Programme of Action, including safe motherhood and universal access

to a comprehensive range of safe and reliable reproductive and sexual health care and services

;

iii) improve equitable access to health providers, commodities and health services including

addressing the exceptional crisis in human resources.

b) Gender equality:

the promotion of gender equality and women's rights, implementing global commitments as detailed in

the Beijing Platform for Action and the Convention on the Elimination of All Forms of Discrimination

Against Women.

c) Education, knowledge and skills:

i) basic, secondary and higher education as well as vocational education and training to improve

access to education for all children and, increasingly, for women and men of all ages, with a view to

increasing knowledge, skills and employability on the job market, contributing to active citizenship

and individual fulfilment on a life-long basis;

ii) supporting an inclusive knowledge society and contributing to bridging the digital divide,

knowledge and information gaps.

d) Culture:

i) promotion of inter-cultural dialogue, cultural diversity and respect for the equal dignity of all

cultures;

ii) promotion of international cooperation to stimulate the contribution of cultural industries to

economic growth in developing countries to fully exploit its potential for fighting poverty, including

addressing issues such as market access and intellectual property rights.

e) Employment and social cohesion:

promotion of an integrated social and economic approach including promotion of productive

employment, decent work for all, social cohesion, development of human resources, equity, social

security

and mapping employment issues and enhancing the quality of jobs in the informal sector

and empowering labour associations,

in accordance with the principles of the related ILO

Conventions and the Community’s international commitments in these areas.

f) Youth and children:

Reserve MT.

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i) combating all forms of child labour and promotion of policies taking into consideration youth’s and

children’s particular vulnerability and potentials, protection of their rights and interests, education,

health and livelihoods, starting with participation and empowerment;

ii) enhancing developing countries’ attention and capacity to develop policies benefiting youth and

children;

iii) advocacy for concrete strategies and interventions to address particular problems and challenges

affecting youth and children taking their best interests into account in all relevant action. Participation

by children and youth should be ensured.

Article 13

Environment and sustainable management of natural resources, including energy

(1) The objective of the thematic programme on environment and sustainable management of natural

resources, including water, and energy, shall be to address the environmental dimension of

development and other external policies as well as to help promote the Community’s environmental

and energy policies abroad in the common interest of the Community and partner countries and

regions.

(2) To achieve the objective referred to in paragraph 1

and consistent with Article 11,

the programme

shall include the following areas of activity:

a) working upstream in assisting developing countries to achieve the Millennium Development Goal

on environmental sustainability through capacity building for environmental integration in developing

countries, supporting civil society actors, local authorities and consultative platforms, environmental

monitoring and assessment, developing innovative approaches and twinning to share experience and

reinforce cooperation in these areas with key countries;

b) promoting implementation of Community initiatives and agreed commitments at international and

regional level through support for sustainable development including activities to address current and

future climate change issues, biodiversity, desertification, forests, land degradation, illegal logging and

forest governance, fisheries and marine resources, compliance with environmental standards (for

products and production processes), sound chemicals and wastes management, air pollution,

sustainable production and consumption and environment-related migration;

c) better integration of environmental objectives through support for methodological work,

strengthening environmental expertise of the Community and promoting coherence;

d) strengthening environmental governance and international policy leadership of the Community and

its Member States, through working for coherence between the environmental and the other pillars of

international governance for sustainable development and by assisting regional and international

environmental monitoring and assessment, providing additional support to the Secretariats of

multilateral environmental agreements, promoting effective compliance and enforcement measures for

multilateral environmental agreements including through capacity building, supporting international

organisations and processes, supporting civil society and policy think tanks, and improving the

efficiency of international negotiations;

e) supporting sustainable energy options in partner countries and regions, through integration of

sustainable energy in development plans and strategies, developing institutional support and technical

assistance, creating a favourable legislative and policy framework to attract new business and

investors in renewable energy, enhancing the role of energy as a means to create income generation

for the poor, promoting innovative financing approaches, and encouraging regional cooperation

between governments, non-governmental organisations and the private sector in the above areas.

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Article 14

Non state actors and local authorities in development

(1) The objective of the thematic programme on non-state actors and local authorities in development

shall be to support initiatives carried out by civil society organisations and local authorities originating

from the Community and partner countries in the area of development in consistency with the

objective of this Regulation and to strengthen their capacity in the policy making process, so as to:

- promote an inclusive and empowered society in order to (i) favour populations out of reach of

mainstream services and resources and excluded from policy making processes, (ii) strengthen the

capacity of civil society organisations and local authorities in partner countries, with a view to

facilitating their participation in defining and implementing poverty reduction and sustainable

development strategies, (iii) facilitate interaction between state and non-state actors in different

contexts;

- increase the level of consciousness of the European population regarding development issues and

mobilise active public support in the Community and acceding countries for poverty reduction and

sustainable development strategies in partner countries, for fairer relations between developed and

developing countries, and reinforce civil society role for these purposes;

- achieve more efficient cooperation, foster synergies and facilitate a structured dialogue between civil

society networks, within their organisations and with Community institutions.

(2) To achieve the objective referred to in paragraph 1

and consistent with Article 11,

the programme

shall include the following areas of activity:

a) interventions in developing countries and regions which (i) strengthen participatory development

and processes and inclusion of all actors, especially vulnerable and marginalised groups; (ii) support

capacity development processes of the actors concerned at country, regional or local level; (iii)

promote mutual understanding processes; (iv) facilitate citizens’ active engagement in development

processes and at strengthening their capacity to take action;

b) raising public awareness of development issues and promoting education for development in the

Community and acceding countries, to anchor development policy in European societies, to mobilise

greater public support in the Community and acceding countries for action against poverty and for

fairer relations between developed and developing countries, to raise awareness in the Community to

the issues and difficulties facing developing countries and their peoples, and to promote the social

dimension of globalisation;

c) coordination and communication between civil society and local authority networks, within their

organisations and between different types of stakeholders active in the European and global public

debate on development.

(3) Support to local authorities in partner countries shall normally be carried out in the framework of

country strategy papers except where the latter do not provide appropriate support, particularly in

situations such as difficult partnerships, fragile states and post-conflict.

Support to local authorities will take account of their contributing capacity in the calculation of

Community co-financing.

Article 15

Food security

Study reserve BE, PT, SK.

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(1) The objective of the food security thematic programme shall be to improve food security in favour

of the poorest and most vulnerable people and contribute to achieving the Millennium Development

Goal on poverty and hunger, through a set of actions which ensure overall coherence, complementarity

and continuity of Community interventions, including in the area of the transition from relief to

development.

(2) To achieve the objective referred to in paragraph 1

and consistent with Article 11,

the programme

shall include the following areas of activity:

a) contributing to the provision of international public goods, in particular pro-poor demand driven

research and technological innovation, as well as capacity development, scientific and technical South-

South and South-North cooperation and twinning;

b) supporting global, continental and regional programmes which notably i) support food security

information and early warning, ii) support food security in specific fields such as agriculture, including

formulation of regional agricultural policies and access to land, agricultural trade and natural resource

management, iii) promote, strengthen and complement national food security and poverty reduction

strategies in the short, medium and longer-term, and iv) support networking of policy experts and non

state actors to foster the global food security agenda;

c) advocating and advancing the food security agenda. The Community shall continue to address key

food security issues in the international debate, and shall promote harmonisation, coherence and

alignment of policies and aid delivery modes of development partners and donors. In particular, the

promotion of the role of civil society in food security issues should be strengthened;

d) addressing food insecurity in exceptional situations of transition and state fragility, playing a central

role in linking relief, rehabilitation and development. The thematic programme shall (i) support

interventions to protect, maintain and recover productive and social assets vital for food security, to

facilitate economic integration and longer term rehabilitation and (ii)supporting crisis prevention and

management, to address vulnerability to shocks and to strengthen people’s resilience;

e) developing innovative food security policies, strategies and approaches, and strengthening the

potential for their replication and South-South dissemination. Areas for intervention can include

agriculture, including land reform and land policy, sustainable management of and access to natural

resources, food security in relation to rural and local development, including infrastructure, nutrition,

demography and labour, migration, health and education. Consistency and complementarity with other

Community programmes in these areas shall be ensured.

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Article 16

Migration and asylum

(1) The objective of the thematic programme of cooperation with third countries in the areas of

migration and asylum shall be to support them in their efforts to ensure better management of

migratory flows in all their dimensions. While the subject of the thematic programme shall be

primarily migration to the Community, it shall also take account of relevant south/south migratory

flows.

(2) To achieve the objective referred to in paragraph 1

and consistent with Article 11,

the programme

shall include the following areas of activity:

a) fostering the links between migration and development, especially by encouraging the contribution

of diasporas to the development of their country of origin and increasing the value of migrants' return;

mitigating brain drain and promoting the circular movement of skilled migrants; facilitating financial

transfers of migrants to their country of origin; supporting voluntary return and reintegration of

migrants and building capacities for migration management; fostering capacity building efforts to

help

countries in the formulation of pro-development migration policies and in their capacity to

jointly manage migration flows;

b) promoting well-managed labour migration, in particular by informing about legal migration and

conditions of entry in and stay on the territory of the Member States of the Community; informing

about labour migration opportunities and needs in Member States and about qualifications of third

countries candidates for migration; supporting pre-departure training for candidates for legal

migration; and encouraging the definition and implementation of legislative frameworks for migrant

workers in third countries;

c) fighting illegal immigration and facilitating the readmission of illegal immigrants, including

between third countries, and in particular, fighting smuggling of and trafficking in human beings;

discouraging illegal immigration and raising awareness about the risks related to it; improving

capacities in the areas of border, visa and passport management, including the security of documents

and the introduction of biometric data, and detection of forged documents; implementing effectively

readmission agreements concluded with the Community and obligations arising out of international

agreements; and assisting third countries in the management of illegal immigration and in the

coordination of their policies;

d) protecting migrants, including the most vulnerable such as women and children against exploitation

and exclusion through measures such as developing third countries’ legislation in the field of

migration; supporting integration and non-discrimination as well as measures to protect migrants from

racism and xenophobia; preventing and fighting smuggling of and trafficking in human beings and any

form of slavery;

e) promoting asylum and international protection, including through regional protection programmes,

in particular in strengthening institutional capacities; supporting the registration of asylum applicants

and refugees; promoting international standards and instruments on the protection of refugees;

supporting the improvement of reception conditions and local integration, and working towards

durable solutions.

ES: add [origin]. Reserve COM on this addition

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Article 17

Sugar Protocol ACP countries

(1)

Sugar Protocol ACP countries

listed in Annex 3

affected by the

Community

sugar reform shall

benefit from accompanying measures. Community assistance to these countries shall aim at supporting

their adjustment process as they are faced with new conditions on the sugar market due to the reform

of the common organization of the market in sugar. Community assistance shall take into account the

countries’ adaptation strategies and shall pay specific attention to the following areas of cooperation:

a) enhancing the competitiveness of the sugar and cane sector, where this is a sustainable process,

taking into account the situation of the different stakeholders in the chain;

b) promoting the economic diversification of sugar-dependent areas;

c) addressing broader impacts generated by the adaptation process, possibly related, but not restricted,

to employment and social services, land use and environmental restoration, the energy sector, research

and innovation and macro-economic stability.

(2) Within the amount referred to in Annex 4, the Commission shall fix the maximum amount

available to each Sugar Protocol country for financing the actions referred to in paragraph 1 on

the basis of the needs of each country, related in particular to the impact of the reform of the

sugar sector in the country concerned and to the importance of the sugar sector to the economy.

The measurement of the allocation criteria shall be based on data of campaigns preceding 2004.

Further instructions regarding the allocation of the overall amount among Sugar Protocol

countries shall be defined by the Commission, acting in accordance with the procedure referred

to in Article 36 (2).

TITLE III

PROGRAMMING AND ALLOCATION OF FUNDS

Article 18

General framework for programming and allocating funds

(1) In the case of geographic programmes, the Commission shall draw up a strategy paper and a

multiannual indicative programme for each partner country or region, as provided for in Article

19,

and adopt an annual action programme for each partner country or region, as provided for in Article

22.

In the case of thematic programmes, the Commission shall draw up thematic strategy papers as

provided for in Article

20,

and adopt action programmes as provided for in Article

22.

In exceptional circumstances, Community support may also take the form of special measures not

covered in strategy papers or multiannual indicative programmes, as provided for in Article

23.

Reserve CZ, SK.

DK, EE, PL, CZ, AT, SK, SE: introduce reference to falling scale.

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(2) The Commission shall determine the multiannual indicative allocations within each geographic

programme using standard, objective and transparent resource allocation criteria, based on the needs

and performance of the partner country or region concerned and bearing in mind the particular

difficulties faced by countries or regions in crisis, conflict or disaster prone, alongside the specificity

of the different programmes.

The needs criteria include population, income per capita and the extent of poverty, income distribution

and the level of social development. Performance criteria include political, economic and social

progress, progress in good governance and the effective use of aid, and in particular the way a country

uses scarce resources for development, beginning with its own resources.

The Commission may include a specific financial allocation for the purpose of strengthening

cooperation between the EU’s outermost regions and neighbouring partner countries and regions.

Article 19

Strategy papers and

multiannual indicative

programmes

(1) Preparation and implementation of strategy papers shall apply principles on aid effectiveness:

national ownership, partnership, coordination, harmonisation, alignment to recipient country or

regional systems and results orientation as laid down in Articles 3(5) to 3(8) of this Regulation.

(2) Strategy papers shall cover no more than the period of validity of this Regulation and aim to

provide a coherent framework for cooperation between the Community and the partner country or

region concerned,

consistent with the overall purpose and scope, objectives and principles of this

Regulation. Multiannual indicative programmes shall be based on strategy papers.

Strategy papers shall be reviewed at mid-term, or ad hoc if necessary, in accordance where appropriate

with the principles and procedures laid down in the partnership and cooperation agreements concluded

with the partner countries and regions;

(3) Strategy papers shall, where possible, be based on a dialogue with the partner country or region

which involves civil society

and regional and local authorities,

so as to ensure that the country or

region concerned takes sufficient ownership of the process and to encourage support for national

development strategies, particularly those for reducing poverty.

(4) Multiannual indicative programmes shall be drawn up on the basis of the strategy papers for each

partner country or region. They shall be the subject of an agreement with the country or region where

possible.

Multiannual indicative programmes shall set out the priority areas selected for Community financing,

the specific objectives, the expected results and the performance indicators.

The programmes shall also set out the indicative financial allocation, both overall and per priority

area; this may be given in the form of a range, where appropriate. These allocations shall be consistent

with the indicative allocations set out in Annex

The programmes shall be adjusted where necessary, taking into account any mid-term or ad hoc

reviews of strategy papers.

A multiannual indicative allocation may be increased or decreased as a result of reviews, particularly

in the light of special needs such as those of a post-crisis situation, or where performance has been

exceptional or unsatisfactory.

(5) In circumstances such as crises, post conflict situations or threats to democracy, the rule of law,

human rights or fundamental freedoms, a special emergency procedure may be used to conduct an ad

hoc review of the country's or region's cooperation strategy. Such reviews may propose a country or

region strategy to make the transition to long-term cooperation and development.

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(6) In accordance with Article 2(7), the strategy shall ensure that measures taken under this Regulation

are consistent with, and avoid duplication with, measures eligible for funding under other Community

instruments, in particular Regulation (EC) [.] of the European Parliament and of the Council of [.]

establishing an Instrument for Stability and Council Regulation (EC) No 1257/96 of 20 June 1996

concerning humanitarian aid. Where partner countries or groups of partner countries are directly

involved in, or affected by, a crisis or post-crisis situation, multiannual

indicative programmes

shall

place special emphasis on stepping up coordination between relief, rehabilitation and development to

help them make the transition from an emergency situation to the development phase; programmes for

countries and regions regularly subject to natural disasters shall provide for disaster preparedness and

prevention

and the management of the consequences of such disasters.

(7) To foster regional cooperation, the Commission may decide when adopting

annual

action

programmes of the type referred to in Article

or special measures referred to in Article

for

cooperation measures under this Chapter that countries presented in Annex

are eligible, where the

project or programme to be implemented is of regional or cross border nature. Provisions may be

made for this in the strategy

papers

and multiannual indicative programmes referred to in Articles

and

20.

(8) The Commission and the Member States shall consult each other, as well as other donors and

development actors including representatives of civil society

and regional and local authorities,

an early stage of the programming process in order to promote complementarity among their

cooperation activities.

Article 20

Strategy papers

for

thematic programmes

(1) Thematic strategy papers shall cover no more than the period of validity of this Regulation. They

shall set out the Community's strategy for the theme concerned, the Community's priorities, the

international situation and the activities of the main partners.

They shall be consistent with the

overall purpose and scope, objectives and principles of this Regulation.

Thematic strategy papers shall set out the priority areas selected for financing by the Community, the

specific objectives, the expected results and the performance indicators.

The thematic strategy papers shall also give the indicative financial allocation, both overall and per

priority area; this may be given in the form of a range, where appropriate.

Strategy papers shall be reviewed at mid-term, or ad hoc if necessary.

(2) The Commission and the Member States shall consult each other, as well as other donors and

development actors including representatives of civil society, at an early stage of the programming

process in order to promote complementarity among their cooperation activities.

(3) Resources and intervention priorities shall be laid down for participation in global initiatives.

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Article 21

Adoption of

strategy papers and multiannual indicative programmes

Strategy papers and multiannual indicative programmes referred to in Articles

and

20,

and any

reviews thereof referred to in Article 19(1) and (3) and Article 20(1), shall be adopted by the

Commission in accordance with the management procedure set out in Article 36(2).

TITLE III

IMPLEMENTATION

Article 22

Adoption of annual action programmes

(1) The Commission shall adopt annual action programmes based on the strategy papers and

multiannual indicative programmes referred to in Articles 19 and 20.

Exceptionally, for instance where an action programme has not yet been adopted, the Commission

may, on the basis of the strategy papers and multiannual indicative programmes referred to in Articles

5 and 6, adopt measures not provided for in an

annual

action programme under the same rules and

procedures as for action programmes.

(2)

Annual

action programmes shall specify the objectives pursued, the fields of intervention, the

expected results, the management procedures and total amount of financing planned. They shall

contain a description of the operations to be financed, an indication of the amounts allocated for each

operation and an indicative implementation timetable. Objectives shall be measurable and have time

bound benchmarks.

(3) The

annual

action programmes shall be adopted by the Commission in accordance with the

management procedure set out in Article 36(2).

Article 23

Adoption of special measures not provided for in the strategy papers or multiannual indicative

programmes

(1) In the event of unforeseen

and duly justified

needs or circumstances related to natural disasters,

civil strife or crises, and which cannot be funded under Regulation (EC) [.] of the European Parliament

and of the Council of [.] establishing an Instrument for Stability or Council Regulation 1257/96 of 20

June 1996 concerning humanitarian aid, the Commission shall adopt special measures not provided for

in the strategy papers or multiannual indicative programmes (hereinafter referred to as “special

measures”).

Special measures may also be used to fund measures to ease the transition from emergency aid to

long-term development operations, including those to better prepare people to deal with recurring

crises.

(2) Special measures shall specify the objectives pursued, the intervention areas, the expected results,

the management procedures and the total amount of financing. They shall contain a description of the

operations to be financed, an indication of the amounts allocated for each operation and the indicative

timetable for their implementation.

They shall include a definition of the type of performance

indicators that will have to be monitored when implementing the special measures.

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(3) Where the cost of such measures exceeds EUR 10 million

, the Commission shall adopt them

under the management procedure referred to in Article 36(2). For special measures below EUR 10

million, the Commission shall send the measures to the Member States for information within one

month of adopting its decision.

(4) The procedure laid down in Article 36(2) need not be used for amendments to special measures,

such as those making technical adjustments, extending the implementation period, reassigning funds

within the forecast budget, or increasing or reducing the size of the budget by less than 20% of the

initial budget, provided these amendments do not affect the initial objectives set out in the

Commission decision.

Article 24

Eligibility

(1)

Without prejudice to Article 31,

the following, inter alia, shall be eligible for funding under this

Regulation for the purposes of implementing the

annual

action programmes referred to in Article 22

or special measures referred to in Article 23:

a. partner countries and regions, and their institutions;

b. decentralised bodies in the partner countries, such as municipalities, provinces, departments

and regions;

c. joint bodies set up by the partner countries and regions with the Community;

d. international organisations, including regional organisations, UN bodies, departments and

missions, international and regional financial institutions and development banks, in so far as

they contribute to the objectives of this Regulation;

e. Community institutions and bodies, but only for the purposes of implementing support

measures referred to in Article 26;

European Union agencies;

g. The following entities and bodies of the Member States, partner countries and regions and any

other third country complying with the rules on access to the Community's external assistance

set out in Article 31, insofar as they are helping to achieve the objectives of this Regulation:

public or parastatal bodies, local authorities and consortia or representative associations

thereof;

ii) companies, firms and other private organisations and businesses;

iii) financial institutions that grant, promote and finance private investment in partner

countries and regions;

iv) non-state actors as defined in paragraph 2;

v) natural persons.

(2) The non-state, non-profit making actors eligible for financial support under this Regulation

include: non governmental organisations, organisations representing indigenous peoples, organisations

representing national and/or ethnic minorities, local traders' associations and citizens' groups,

cooperatives, trade unions, organisations representing economic and social interests, organisations

Reserve FR, ES, EL [5 Mio. €].

Reserve FR, ES, PT.

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fighting corruption and fraud and promoting good governance, civil rights organisations and

organisations fighting discrimination, local organisations (including networks) involved in

decentralised regional cooperation and integration, consumer organisations, women's and youth

organisations, teaching, cultural, research and scientific organisations, universities, churches

and

religious associations and communities, the media and any non governmental associations and

independent foundations, including independent political foundations, likely to contribute to the

implementation of the objectives of this Regulation.

Article 25

Types of financing

(1) Community financing may take the following forms:

a. projects and programmes;

b. budget support if the partner country's management of public spending is sufficiently

transparent, reliable and effective, and where it has put in place properly formulated sectoral

or macroeconomic policies positively assessed by its principal donors; including, where

relevant, the international financial institutions. The Commission shall consistently use an

approach based on results and performance indicators and shall clearly define and monitor

its conditionality

and support efforts of partner countries to develop parliamentary

control and audit capacities and to increase transparency and public access to

information;

c. sectoral support;

d. in exceptional cases, sectoral and general import programmes, which may take the form of

(i) sectoral import programmes in kind, (ii) sectoral import programmes providing foreign

exchange to finance imports for the sector in question or (iii) general import programmes

providing foreign exchange to finance general imports of a wide range of products;

e. funds made available to the European Investment Bank or other financial intermediaries on

the basis of Commission programmes for the purpose of providing loans (in particular to

support investment in and development of the private sector), risk capital (in the form of

subordinated or conditional loans) or other temporary minority holdings in business capital,

and contributions to guarantee funds in accordance with Article 33;

interest-rate subsidies, especially for environment related loans;

g. debt-relief, under internationally agreed debt relief programmes;

h. grants to finance projects submitted by entities of the type listed in Article 24(1)(b), (c), (d),

(f) and (g)(i) to (v);

grants to finance the operating costs of entities of the type listed in Article 24(1)(b), (c), (d),

(f) and (g)(i), (iii) and (iv);

Reserve BE, ES.

DE, UK, ES: harmonise with SI, ENPI: [Budgetary support may in general be one of several

instruments, it shall be allocated with precise objectives and related benchmarks. Disbursement of

budgetary support shall be conditional on satisfactory progress towards achieving the objectives in

terms of impact and results;].

DE: harmonise with SI: add [to the extent that the financial risk of the Community is limited to these

funds].

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funding for twinning programmes between public institutions, local authorities, national

public bodies or private-law entities entrusted with public service tasks of a Member State

and those of a partner country or region;

k. contributions to international funds, such as those managed by international or regional

organisations;

contributions to national funds set up by partner countries and regions to attract joint

financing from a number of donors, or contributions to funds set up by one or more donors

for the purpose of the joint implementation of projects;

m. capital investments in international financial institutions and regional development banks;

n. human and material resources required for effective administration and supervision of

projects and programmes by partner countries and regions.

(2) Community assistance shall not be used by the countries benefiting from assistance under this

Regulation to finance taxes, custom duties and other fiscal charges.

Article 26

Support measures

(1) Community financing may cover expenditure associated with the preparation, follow up,

monitoring, audit and evaluation activities directly necessary for the implementation of this Regulation

and the achievement of its objectives, e.g. studies, meetings, information, awareness-raising, training

and publication activities, expenditure associated with computer networks for the exchange of

information, and any other administrative or technical assistance expenditure necessary for the

management of the programme. It shall also cover expenditure at Commission delegations on the

administrative support needed to manage operations financed under this Regulation.

(2) These support measures are not necessarily covered by multiannual

indicative programmes

and

may therefore be financed outside the scope of strategy papers and multiannual indicative

programmes. However, they may also be financed under multiannual indicative programmes.

The Commission shall adopt support measures not covered by the multiannual indicative programmes

in accordance with Article

23 (3) and (4).

Article 27

Cofinancing

(1) Measures shall be eligible for co-financing from the following, inter alia:

a. Member States and their

regional and

local authorities, and in particular their public and

parastatal agencies;

b. other donor countries, and in particular their public and parastatal agencies;

c. international organisations, including regional organisations, and in particular international

and regional financial institutions;

d. companies, firms, other private organisations and businesses, and other non-state actors;

Reserve DE: replace by [Community assistance to finance taxes, custom duties and other fiscal charges

shall not be used in the countries benefiting from assistance under this regulation].

Reserve PT on co-financing (will specify later).

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e. partner countries and regions in receipt of funding.

(2) In the case of parallel co-financing, the project or programme is split into a number of clearly

identifiable components, which are each financed by the different partners providing co-financing in

such a way that the end-use of the financing can always be identified.

In the case of joint co-financing, the total cost of a project or programme is shared between the

partners providing the co-financing and the resources are pooled in such a way that it is no longer

possible to identify the source of financing for any given activity undertaken as part of the project or

programme.

(3) In the case of joint co-financing, the Commission may receive and manage funds on behalf of the

bodies referred to in paragraph 1(a), (b) and (c) for the purpose of implementing joint measures. Such

funds shall be treated as assigned revenue, in accordance with Article 18 of

Council

Regulation (EC,

Euratom) No 1605/2002.

Article 28

Management procedures

(1) The measures financed under this Regulation shall be implemented in accordance with

Council

Regulation (EC, Euratom) No 1605/2002 and any revision thereof.

(2) In the event of co-financing and in other duly justified cases, the Commission may entrust tasks of

public authority, and in particular budget implementation tasks, to the bodies referred to in Article

54(2)(c) of

Council

Regulation (EC, Euratom) No 1605/2002.

(3) In the case of decentralised management, the Commission may decide to use the procurement or

grant procedures of the beneficiary partner country or region after verifying that they respect the

relevant criteria of

Council

Regulation (EC, Euratom) N° 1605/2002 , provided:

the procedures of the beneficiary partner country or region satisfy the principles of

transparency, proportionality, equal treatment and non-discrimination and prevent any conflict

of interests;

the beneficiary partner country or region undertakes to check regularly that the operations

financed by the Community budget have been properly implemented, to take appropriate

measures to prevent irregularities and fraud, and, if necessary, to take legal action to recover

unduly paid funds.

Article 29

Budget commitments

(1) Budget commitments shall be made on the basis of decisions taken by the Commission in

accordance with Articles 8(1), 9(1) and 12(2).

(2) Community financing may take one of the following legal forms, inter alia:

FR proposal, supported by PL, D, E, F, UK: add “(3) Among others, (…) (b) may entrust budget

implementation tasks to the bodies referred to in paragraph 1(a), (b), under decentralised or centralised

management or to the bodies referred to in paragraph 1(c), under joint management.” Reserve IT and

COM on this addition: to be dealt with in the revision of the financial regulation.

DE proposal, supported by FR: add “if they are of recognised international standing, comply with

internationally recognised systems of management and control, and are supervised by a public

authority. COM opposed: more restrictive than Financial Regulation.

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–

financing agreements;

grant agreements;

procurement contracts;

employment contracts.

Article 30

Protecting the Community’s financial interests

(1) Any agreements resulting from this Regulation shall contain provisions ensuring the protection of

the Community’s financial interests, in particular with respect to irregularities, fraud, corruption and

any other illegal activity, in accordance with Council Regulations (EC, Euratom) Nos 2988/1995,

2185/1996 and (EC) 1073/1999.

(2) Agreements shall expressly entitle the Commission and the Court of Auditors to perform audits,

including document audits or on the spot audits of any contractor or subcontractor who has received

Community funds. They shall also expressly authorise the Commission to carry out on-the-spot checks

and inspections as provided for in Regulation (EC, Euratom) No 2185/1996.

(3) All contracts resulting from the implementation of assistance shall ensure the rights of the

Commission and the Court of Auditors under paragraph 2 during and after the performance of the

contracts.

Article 31

Public procurement procedures, grant award procedures, rules of origin

(1) Participation in the award of procurement or grant contracts financed under this Regulation shall

be open to all natural persons who are nationals of or legal persons who are established in a Member

State of the Community, in an official candidate country as recognised by the European Community or

in a Member State of the European Economic Area.

Participation in the award of procurement or grant contracts financed under a thematic programme as

defined in Articles

11 to 16

shall be open to all natural persons who are nationals of or legal persons

who are established in a developing country, as specified by the OECD Development Assistance

Committee

and in Annex 2,

in addition to natural or legal persons eligible by virtue of the thematic

programme. The Commission shall publish and update

Annex 2

in accordance with regular reviews of

the list of aid recipients of the OECD Development Assistance Committee and inform the

Council thereof.

Participation in the award of procurement or grant contracts financed under a geographic programme

as defined in Articles 5 to 10 shall be open to all natural persons who are nationals of or legal persons

who are established in any developing country eligible by virtue of Annex 1 of this regulation.

(2) Participation in the award of procurement or grant contracts financed under this regulation shall

also be open to all natural persons who are nationals of or legal persons who are established in any

country other than those referred in paragraph 1, where reciprocal access to their external assistance

has been established.

Reciprocal access shall be granted whenever a country grants eligibility on equal terms to the Member

States and to the recipient country concerned.

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Reciprocal access shall be established by means of a specific decision concerning a given country or a

given regional group of countries. Such a decision shall be adopted in accordance with the procedure

laid down in Article 36 (2) and shall be in force for a minimum period of one year.

The granting of reciprocal access shall be based on a comparison between the Community and other

donors and shall proceed at sectoral level, as defined by the OECD Development Assistance

Committee categories, or at country level, whether it be a donor or a recipient country. The decision to

grant such reciprocity to a donor country shall be based on the transparency, consistency and

proportionality of the aid provided by that donor, including its qualitative and quantitative nature. The

recipient countries shall be consulted as part of the procedure described in this paragraph.

Reciprocal access in the least developed countries as defined by the OECD Development Assistance

Committee shall be automatically granted to OECD Development Assistance Committee members.

(3) Participation in the award of procurement or grant contracts financed under a Community

instrument shall be open to international organisations.

(4) The above is without prejudice to the participation of categories of eligible organisations by nature

or by localization in regard to the objectives of the action to carry out.

(5) Experts may be of any nationality. This is without prejudice to the qualitative and financial

requirements set out in the Community’s procurement rules.

(6) All supplies and materials purchased under a contract financed under this regulation must originate

from the Community or from an eligible country as defined in Paragraph 1 and 2. The term "origin"

for the purpose of this Regulation is defined in the relevant Community legislation on rules of origin

for customs purposes.

(7) The Commission may, in duly substantiated cases, authorise the participation of natural and legal

persons from countries having traditional economic, trade or geographical links with neighbouring

countries or other third countries, and the use of supplies and materials of different origin.

(8) The Commission may, in duly substantiated exceptional cases, authorise the participation of

natural persons who are nationals of or legal persons who are established in other countries than those

referred to in paragraph 1 and 2, or the purchase of supplies and materials of different origins from

that set out in paragraph 6.

Derogations may be justified on the basis of the unavailability of products and services in the markets

of the countries concerned, for reasons of extreme urgency, or if the eligibility rules would make the

realisation of a project, a programme or an action impossible or exceedingly difficult.

(9) Whenever Community funding covers an operation implemented through an international

organisation, participation in the appropriate contractual procedures shall be open to all natural or

legal persons who are eligible pursuant to Paragraph 1 and 2 as well as to all natural or legal persons

who are eligible pursuant to the rules of that organisation, care being taken to ensure that equal

treatment is afforded to all donors. The same rules shall apply in respect of supplies, materials and

experts.

Whenever Community funding covers an operation co-financed with a third country, subject to

reciprocity as defined in Paragraph 2, or with a regional organisation, or with a Member State,

participation in the appropriate contractual procedures shall be open to all natural or legal persons who

are eligible pursuant to Paragraph 1, 2 and 3 as well as to all natural or legal persons who are eligible

under the rules of such third country, regional organisation or Member State. The same rules shall

apply in respect of supplies, materials and experts.

(10) For the purposes of aid channelled directly through non state actors under the thematic

programme defined in Article 14, the provisions of Paragraph 1 shall not apply to the eligibility

criteria established for the selection of grant beneficiaries.

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Beneficiaries of these grants shall abide by the rules established in this Article where the

implementation of aid requires the award of procurement contracts.

(11) In order to accelerate the eradication of poverty through the promotion of local capacities,

markets and purchases, special consideration shall be given to local and regional procurement in

partner countries.

Tenderers who have been awarded contracts shall respect internationally agreed core labour standards,

e.g. the ILO core labour standards, 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.

Access by developing countries to Community assistance shall be rendered possible by all such

technical assistance as is deemed appropriate.

Article 32

Funds made available to the European Investment Bank or other financial intermediaries

(1) The funds referred to in Article 25 (1) e) shall be managed by financial intermediaries, the

European Investment Bank or any other bank or organisation with the capacity to manage such funds.

(2) The Commission must adopt implementing provisions for paragraph 1 on a case-by-case basis to

cover risk sharing, the remuneration of the intermediary responsible for implementation, the use and

recovery of profits on funds, and the closure of the operation.

Article 33

Evaluation

(1) The Commission shall regularly monitor and review its programmes, and evaluate the results of the

implementation of geographical and thematic policies and programmes, and of sectoral policies and

the effectiveness of programming, where appropriate by means of independent external evaluations, in

order to ascertain whether the objectives have been met and enable it to formulate recommendations

with a view to improving future operations. Particular attention shall be given to social sectors and to

progress made towards achieving the MDGs.

(2) The Commission shall send its evaluation reports to the European Parliament and to the Committee

referred to in Article 36 for information. Member States may request to discuss specific evaluations in

the Committee referred to in Article 36(3). The results shall feed back into programme design and

resource allocation.

(3) The Commission shall associate all

relevant

stakeholders, including non state-actors, in the

evaluation phase of the Community assistance provided under this Regulation.

Study reserve UK on deletion.

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TITLE IV

FINAL PROVISIONS

Article 34

Annual report

(1) The Commission shall examine the progress made in implementing the measures taken under this

Regulation and shall submit to the European Parliament and the Council an annual report on the

implementation and results and, as far as possible, main outcomes and impacts of the assistance. This

report shall also be submitted to the European Economic and Social Committee and to the Committee

of the Regions.

(2) The annual report shall contain information relating to the previous year on the measures financed,

the results of monitoring and evaluation exercises, the involvement of the relevant partners, and the

implementation of budget commitments and payments, broken down by country, region and

cooperation sector. It

shall

assess the results of the assistance, using as far as possible, specific and

measurable indicators of its role in meeting the objectives of this Regulation.

Particular attention

should be given to social sectors and to progress made towards achieving the Millenium

Development Goals.

Article 35

Committee

(1) The Commission shall be assisted by a committee.

(2) Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply,

in accordance with Article 8 of that Decision. The period provided for in Article 4(3) of the Decision

shall be 30 days.

(3) Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply,

in accordance with Article 8 of that Decision.

(4) The committee shall adopt its rules of procedure.

(5)

An observer

from the European Investment Bank shall

take part in

the committee's proceedings,

with regard to questions concerning the Bank.

Article 36

Participation by a third country not eligible under this regulation

(1)

Without prejudice to Article 3(5), to

ensure the coherence and effectiveness of Community

assistance, the Commission may decide when adopting action programmes referred to in Article 22 or

the special measures referred to in Article 23 that countries, territories and regions eligible for

Community assistance under Council Regulation (EC) No [.] of [ ] establishing an Instrument for Pre

Accession (IPA) or

Regulation No [.] of the European Parliament and of the Council of [.] laying

down general principles establishing a European Neighbourhood and Partnership Instrument

(ENPI) and the European Development Fund

are eligible for measures under this Regulation where

the geographical or thematic project or programme to be implemented is of a global, regional or cross

border nature. Provision may be made for this method of financing in the strategy papers and

multiannual indicative programmes referred to in Articles 19 and 20. The provisions of Article 10

concerning eligibility and the provisions of Article 31 concerning participation in public procurement

Reserve ES, PT: question of “single comitology committee”. Commission ready to make a declaration.

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and grant award procedures and rules of origin shall be adapted to allow the countries, territories and

regions concerned to take part.

Article 37

Suspension of assistance

Without prejudice to the provisions on suspension of aid in partnership and cooperation agreements

with partner countries and regions, where a partner country fails to observe the principles referred to in

Article 3(1), and where consultations with the partner country do not lead to a solution acceptable to

both parties, or if consultations are refused or in cases of special urgency, the Council, acting by a

qualified majority on a proposal from the Commission, may take appropriate measures in respect of

any assistance granted to the partner country under this Regulation. Such measures may include full or

partial suspension of assistance.

Article 38

Financial provisions

(1) The financial reference amount for implementation of this Regulation over the period 2007-2013 is

€ [16.897] million.

(2) The indicative amounts allocated to each programme referred to in Articles 5 to 10 and 11 to 16

and 17 are laid down in Annex

These amounts are established for the period 2007-2013.

(3) Annual appropriations shall be authorised by the budgetary authority within the limits of the

financial perspectives.

Article 39

(1) The following Regulations shall be repealed as of 1 January 2007:

(a) Regulation (EC) No 2110/2005 of the European Parliament and of the Council of 14 December

2005 on access to Community external assistance

(b) Regulation (EC) No 806/2004 of the European Parliament and of the Council of 21 April 2004 on

promoting gender equality in development cooperation (a) Regulation No 1568/2003 of the European

Parliament and of the Council of 15 July 2003 on aid to fight poverty diseases (HIV/AIDS,

tuberculosis and malaria) in developing countries

2004 establishing a programme for financial and technical assistance to third countries in the

areas of migration and asylum (AENEAS)

(d) Regulation No 1567/2003 of the European Parliament and of the Council of 15 July 2003 on aid

for policies and actions on reproductive and sexual health and rights in developing countries

(e) Regulation (EC) No 2130/2001 of the European Parliament and of the Council of 29 October 2001

on operations to aid uprooted people in Asia and Latin American developing countries

(f) Regulation (EC) No 2493/2000 of the European Parliament and of the Council of 7 November

2000 on measures to promote the full integration of the environmental dimension in the development

process of developing countries

SK, supported by BE: add [In such cases, Community assistance shall primarily be used to support non-

state actors for measures aimed at promoting human rights and fundamental freedoms and supporting

the democratisation process in partner countries.].

ES: no abrupt end of aid.

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(g) Regulation (EC) No 2494/2000 of the European Parliament and of the Council of 7 November

2000 on measures to promote the conservation and sustainable management of tropical forests and

other forests in developing countries

(h) Regulation (EC) No 1726/2000 of the European Parliament and of the Council of 29 June 2000 on

development cooperation with South Africa

(i) Council Regulation (EC) No 1659/98 of 17 July 1998 on decentralised cooperation, as amended

and extended by Regulations 995/2002 and 625/2004

(j) Council Regulation (EC) No 1658/98 of 17 July 1998 on cofinancing operations with European

non-governmental organisations (NGOs) in fields of interest to the developing countries

(k) Council Regulation (EC) N° 1292/96 of 27 June 1996 on food-aid policy and food-aid

management and special operations in support of food security, as amended by Regulation (EC) No

1726/2001 of the European Parliament and of the Council of 23 July 2001 amending Article 21 of

Council Regulation (EC) No 1292/96 on food aid policy and food aid management and special

operations in support of food security

(l) Council Regulation (EEC) No 443/92 of 25 February 1992 (ALA) on financial and technical

assistance to, and economic cooperation with, the developing countries in Asia and Latin America.

(2) The repealed Regulations shall continue to apply for legal acts and commitments of pre 2007

budget years. Any reference to the repealed Regulations shall be deemed to be a reference to this

Regulation.

Article

Review

Not later than 31 December 2010, the Commission shall submit to the European Parliament and the

Council a report evaluating the implementation of this Regulation in the first three years with, if

appropriate, a legislative proposal introducing the necessary modifications, including the financial

breakdown referred to in

Annex 4.

Article 41

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the

Official Journal of the European Union. It shall apply from 1 January 2007 to 31 December 2013.

This Regulation and Annexes, shall be binding in its entirety and directly applicable in all Member

States.

Done at Brussels, […]

For the European Parliament

The President

For the Council

The President

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Annex 1

Countries eligible to geographic and thematic programmes

Latin America

10.

11.

12.

13.

14.

15.

16.

17.

18.

Asia

Argentina

Bolivia

Brazil

Chile

Colombia

Costa Rica

Cuba,

Ecuador

El Salvador

Guatemala

Honduras

Mexico

Nicaragua

Panama

Paraguay

Peru

Uruguay

Venezuela

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

31.

32.

33.

34.

35.

36.

37.

Afghanistan

Bangladesh

Bhutan

Cambodia

China

India

Indonesia

Korea Democratic Republic

Laos

Malaysia

Maldives

Mongolia

Myanmar/Burma

Nepal

Pakistan

Philippines

Sri Lanka

Thailand

Viet Nam

Central Asia

38.

39.

40.

41.

42.

Kazakhstan

Kyrgyz Republic

Tajikistan

Turkmenistan

Uzbekistan

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Middle East

43.

44.

45.

46.

47.

Iran

Iraq

Oman

Saudi Arabia

Yemen

South Africa

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Annex 2

DAC List of ODA Recipients

Effective from 2006 for reporting on 2005, 2006 and 2007

Least Developed Countries

Other Low Income

Countries

(per capita GNI < $825 in

2004)

Cameroon

Congo, Rep.

Côte d'Ivoire

Ghana

India

Kenya

Korea, Dem.Rep.

Kyrgyz Rep.

Moldova

Mongolia

Nicaragua

Nigeria

Pakistan

Papua New Guinea

Tajikistan

Uzbekistan

Viet Nam

Zimbabwe

Lower Middle Income

Countries and Territories

(per capita GNI $826-$3 255

in 2004)

Albania

Algeria

Armenia

Azerbaijan

Belarus

Bolivia

Bosnia and Herzegovina

Brazil

China

Colombia

Cuba

Dominican Republic

Ecuador

Egypt

El Salvador

Fiji

Georgia

Guatemala

Guyana

Honduras

Indonesia

Iran

Iraq

Jamaica

Jordan

Kazakhstan

Macedonia, Former

Yugoslav

Republic of

Marshall Islands

Micronesia,Fed. States

Morocco

Namibia

Niue

Palestinian Adm. Areas

Paraguay

Peru

Philippines

Serbia & Montenegro

Sri Lanka

Suriname

Swaziland

Syria

Thailand

▪ Tokelau

Tonga

Tunisia

Turkmenistan

Ukraine

▪ Wallis & Futuna

Upper Middle Income

Countries and Territories

(per capita GNI $3 256-$10

065 in 2004)

▪ Anguilla

Antigua and Barbuda

Argentina

Barbados

Belize

Botswana

Chile

Cook Islands

Costa Rica

Croatia

Dominica

Gabon

Grenada

Lebanon

Libya

Malaysia

Mauritius

▪ Mayotte

Mexico

▪ Montserrat

Nauru

Oman

Palau

Panama

Saudi Arabia (1)

Seychelles

South Africa

▪ St. Helena

St. Kitts-Nevis

St. Lucia

St. Vincent & Grenadines

Trinidad & Tobago

Turkey

▪ Turks & Caicos Islands

Uruguay

Venezuela

Afghanistan

Angola

Bangladesh

Benin

Bhutan

Burkina Faso

Burundi

Cambodia

Cape Verde

Central African Rep.

Chad

Comoros

Congo, Dem. Rep.

Djibouti

Equatorial Guinea

Eritrea

Ethiopia

Gambia

Guinea

Guinea-Bissau

Haiti

Kiribati

Laos

Lesotho

Liberia

Madagascar

Malawi

Maldives

Mali

Mauritania

Mozambique

Myanmar

Nepal

Niger

Rwanda

Samoa

Sao Tome & Principe

Senegal

Sierra Leone

Solomon Islands

Somalia

Sudan

Tanzania

Timor-Leste

Togo

Tuvalu

Uganda

Vanuatu

Yemen

Zambia

▪ Territory.

(1) Saudi Arabia passed the high income country threshold in 2004. In accordance with the DAC rules for revision of this

List,

it will graduate from the List in 2008 if it remains a high income country in 2005 and 2006. Its net ODA receipts from DAC

Members

were USD 9.9 million in 2003 and USD 9.0 million (preliminary) in 2004.

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Annex 3

ACP Sugar Protocol countries

10.

11.

12.

13.

14.

15.

16.

17.

18.

Barbados

Belize

Guyana

Jamaica

Saint Kitts and Nevis

Trinidad and Tobago

Fiji

Republic of Congo

Côte d’Ivoire

Kenya

Madagascar

Malawi

Mauritius

Mozambique

Swaziland

Tanzania

Zambia

Zimbabwe

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Annex 4

Financial allocations for the period 2007-2013 (million Euros)

Total

16.897

Geographic programmes:

Latin America

Asia

Central Asia

South Africa

Middle East

10.057

2.690

5.187

719

980

481

Thematic programmes:

6.840

Investing in people

Environment and sustainable management

of natural resources

Non-state actors and local authorities in

development

Food security

Migration and asylum

1060

804

1.639

1.709

384

Sugar Protocol ACP countries:

1.244

Reserve PT, IT, ES, MT linked to the financial envelope for the programme.

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Annex 5

Non developing countries and territories

10.

11.

12.

13.

14.

15.

Australia

Bahrain

Brunei

Canada

Chinese Taipei

Hong Kong

Japan

Korea

Macao

New Zealand

Kuwait

Qatar

Singapore

United Arab Emirates

United States of America