Explanatory Memorandum to COM(2009)197 - Amendment of Regulation (EC) No 1934/2006 establishing a financing instrument for cooperation with industrialised and other high-income countries and territories SEC(2009)531 SEC(2009)532 SEC(2009)532 - Main contents
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| dossier | COM(2009)197 - Amendment of Regulation (EC) No 1934/2006 establishing a financing instrument for cooperation with industrialised and other ... |
|---|---|
| source | COM(2009)197  |
| date | 21-04-2009 |
As part of the reform of external action financial instruments for 2007-2013, replacing more than 30 different legal instruments with seven new ones, Regulation (EC) No 1905/2006 of 18 December 2006 established the Development Cooperation Instrument (hereinafter DCI) for geographical cooperation with countries in Asia, Central Asia, and Latin America, plus Iraq, Iran, Yemen, and South Africa.
The primary and overarching objective of the DCI is the eradication of poverty through the pursuit of the Millennium Development Goals. The Regulation therefore provides that measures for geographic programmes should fulfil the criteria for Official Development Assistance (ODA) set by the Development Assistance Committee of the Organisation for Economic Cooperation and Development (DAC/OECD).
This limited scope is not conducive to engaging with important bilateral partners and players in multilateral fora and in global governance with whom the Community has a strategic interest in promoting diversified links. It is in the Community’s interest to further deepen its relation with countries which are both developing and major partners in the world economy, such as India, China, Brazil and Mexico. Community interests go also beyond poverty eradication in regions like Central Asia and the Middle East (Iraq, Iran, and Yemen), in particular as regards energy security and public diplomacy. Finally, most of Asia and Latin America, as well as South Africa, is also made up of middle-income countries interested in engaging in economic, commercial, academic, business and scientific exchanges with the European Union.
For that reason, the Commission is proposing to follow up the Preparatory Actions set up through the 2007 and 2008 budget procedures, with legislative proposals to introduce stable financing for such cooperation and for measures that do not meet the criteria for Official Development Assistance.
Since the objective is similar to that pursued under Regulation (EC) No 1934/2006, it is proposed to extend the geographical scope of the latter to countries covered by the DCI Regulation, and to add a reference amount for such cooperation of EUR 176 million for the 2010-2013 period.
The review of the implementation of external action financial instruments has identified inconsistencies in the provisions that exclude costs relating to taxes, duties or other charges as ineligible. For the sake of consistency, it is proposed to bring these provisions into line with the other instruments.
The proposal is accompanied by an Impact Assessment to ensure compatibility between the relevant Community policies.
Contents
- Proposal for a
- Article 1
- Objective
- Scope
- Financial provisions
- Article 2
- For the Council
- List of developing countries covered by this Regulation
- 1.Argentina
- 2. Bolivia
- 3. Brazil
- 4. Chile
- 5. Colombia
- 6. Costa Rica
- 7. Cuba
- 8. Ecuador
- 9. El Salvador
- 10. Guatemala
- 11. Honduras
- 12. Mexico
- 13. Nicaragua
- 14. Panama
- 15. Paraguay
- 16. Peru
- 17. Uruguay
- 18. Venezuela
- 19. Afghanistan
- 20. Bangladesh
- 21. Bhutan
- 22. Cambodia
- 23. China
- 24. India
- 25. Indonesia
- 27. Laos
- 28. Malaysia
- 29. Maldives
- 30. Mongolia
- 31. Myanmar/Burma
- 32. Nepal
- 33. Pakistan
- 34. Philippines
- 35. Sri Lanka
- 36. Thailand
- 37. Viet Nam
- 38. Kazakhstan
- 39. Kyrgyz Republic
- 40. Tajikistan
- 41. Turkmenistan
- 42. Uzbekistan
- 43. Iran
- 44. Iraq
- 45. Yemen
- 46. South Africa”
- 2. ABM / ABB FRAMEWORK
- 3. BUDGET LINES
- New BL requested in PDB 2010
- Budget line Type of expenditure New EFTA contribution Contributions from applicant countries Heading in financial perspective
- 19 09 Non-comp Diff YES (Re-titled) NO NO No
- 19 10 Non-comp Diff YES NO NO No
- 21 06 Non-comp Diff YES NO NO No
- 4. SUMMARY OF RESOURCES
- 4.1. Financial Resources
- 4.1.1. Summary of commitment appropriations (CA) and payment appropriations (PA)
- EUR million (to 3 decimal places)
- TOTAL REFERENCE AMOUNT
- Human resources and associated expenditure (NDA) 8.2. d
- Co-financing details
- EUR million (to 3 decimal places)
- 4.1.2. Compatibility with Financial Programming
- 4.1.3. Financial impact on Revenue
- EUR million (to one decimal place)
- a) Revenue in absolute terms
- Total number of human resources
- 5. CHARACTERISTICS AND OBJECTIVES
- 5.1. Need to be met in the short or long term
- 5.2. Value-added of Community involvement and coherence of the proposal with other financial instruments and possible synergy
- 5.3. Objectives, expected results and related indicators of the proposal in the context of the ABM framework
- 19 10
- 21 06
- EUR millions TOTAL
- Promotion of economic partnership and business in EU interests (Follow-up Preparatory Actions) - - - - -
- Promotion of economic partnership and business in EU interests (Follow-up Preparatory Actions) - - - - -
- Promotion of economic partnership and business in EU interests (Follow-up Preparatory Actions) - - - - -
- 5.4. Method of Implementation (indicative)
- 6. MONITORING AND EVALUATION
- 6.1. Monitoring system
- 6.2. Evaluation
- 6.2.1. Ex-ante evaluation
- 6.2.2. Measures taken following an intermediate/ex-post evaluation (lessons learned from similar experiences in the past)
- 6.2.3. Terms and frequency of future evaluation
- 7. Anti-fraud measures
- 8. DETAILS OF RESOURCES
- 8.1. Objectives of the proposal in terms of their financial cost
- OPERATIONAL OBJECTIVE No2 1Education cooperation (EU component EMECW)
- OPERATIONAL OBJECTIVE No3 Other actions non-ODA
- 8.2. Administrative Expenditure
- 8.2.1. Number and type of human resources
- TOTAL
- 8.2.2. Description of tasks deriving from the action
- 8.2.3. Sources of human resources (statutory)
- EUR million (to 3 decimal places)
- 1 Technical and administrative assistance (including related staff costs)
- Other technical and administrative assistance
- 8.2.5. Financial cost of human resources and associated costs not included in the reference amount
- Officials and temporary staff (XX 01 01)
- Reference should be made to Point 8.2.1, if applicable
- Reference should be made to Point 8.2.1, if applicable
- 2 Total Other Management Expenditure (XX 01 02 11)
- 3 Other expenditure of an administrative nature (specify including reference to budget line)
COUNCIL REGULATION
amending Regulation (EC) No 1934/2006 establishing a financing instrument for cooperation with industrialised and other high-income countries and territories
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 181a thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament,
Whereas:
Since 2007 the Community has streamlined its geographical cooperation with developing countries in Asia, Central Asia, and Latin America and with Iraq, Iran, Yemen, and South Africa under Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation (DCI). i
The primary and overarching objective of Regulation (EC) No 1905/2006 is the eradication of poverty through the pursuit of the Millennium Development Goals. The scope of cooperation for the geographic programmes with developing countries, territories and regions established under the Regulation is furthermore limited materially to financing measures designed to fulfil the criteria for Official Development Assistance (ODA) set by the Development Assistance Committee of the Organisation for Economic Cooperation and Development (DAC/OECD).
It is in the Community’s interests to further deepen its relations with the developing countries concerned, which are important bilateral partners and players in multilateral fora and in global governance with whom the Community has a strategic interest in promoting diversified links, in particular in areas such as economic, commercial, academic, business and scientific exchanges. It therefore needs a financial instrument that allows the financing of such measures which, by their nature, do not qualify as Official Development Assistance.
For that purpose, four Preparatory Actions were set up in the 2007 and 2008 budget procedures to initiate such enhanced cooperation in accordance with point (b) of Article 49 i of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities; i business and scientific exchanges with India; business and scientific exchanges with China; cooperation with middle-income group countries in Asia; and cooperation with middle-income group countries in Latin America. Under the same Article of the Financial Regulation, the legislative procedure further to Preparatory Actions must be concluded before the end of the third financial year.
The objectives and provisions of Regulation (EC) No 1934/2006 of 21 December 2006 establishing a financing instrument for cooperation with industrialised and other high-income countries and territories i are appropriate to pursue such enhanced cooperation with countries falling under Regulation (EC) No 1905/2006. For that purpose, it is necessary to extend the geographical scope of Regulation (EC) No 1934/2006 and to provide for a financial envelope to cover cooperation with those developing countries.
The review of implementation of the external action financial instruments has identified inconsistencies in the provisions that exclude costs relating to taxes, duties or other charges as ineligible. For the sake of consistency, it is proposed to bring those provisions into line with the other instruments.
Regulation (EC) No 1934/2006 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Regulation (EC) No 1934/2006 is amended as follows:
The title of the Regulation is replaced by the following:
“Council Regulation (EC) No 1934/2006 of 21 December 2006 establishing a financing instrument for cooperation with industrialised and other high-income countries and territories, and with developing countries falling under (EC) Regulation No 1905/2006.”
Article 1 is replaced by the following:
“Article 1
1. Community financing shall support economic, financial and technical cooperation and other forms of cooperation falling within its spheres of competence with industrialised and other high-income countries and territories and with developing countries falling under Regulation (EC) No 1905/2006.
2. The primary objective of cooperation with the countries and territories referred to in paragraph 1 shall be to provide a specific response to the need to strengthen links and to engage further with them on a bilateral, regional or multilateral basis in order to create a more favourable environment for the development of the relations of the Community with these countries and territories and promote dialogue while fostering Community's interests.”
Article 2 is replaced by the following:
“Article 2
1. The cooperation shall be aimed at engaging with partners which share similar political, economic and institutional structures and values to the Community and which are important bilateral partners and players in multilateral fora and in global governance. The cooperation also covers partners with which the Community has a strategic interest in promoting links.
2. For the purpose of this Regulation, industrialised and other high-income countries and territories shall comprise countries and territories listed in Annex I and developing countries shall comprise countries listed in Annex II. They are hereinafter referred to as 'partner countries'. However, in duly justified circumstances and in order to foster regional cooperation, the Commission may decide when adopting action programmes referred to in Article 6 that countries not listed in the Annexes 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 multiannual cooperation programmes referred to in Article 5. The Commission shall amend the lists in Annexes I and II following the regular OECD/DAC reviews of its list of developing countries, and shall inform the Council thereof."
Article 8 i is replaced by the following:
“Community financing shall, in principle, not be used for paying taxes, duties or charges in the partner countries.”
Article 16 is replaced by the following:
“Article 16
The financial reference amount for the implementation of this Regulation for the period from 2007 to 2013 shall be EUR 172 million for countries listed in Annex I and EUR 176 million for countries listed in Annex II. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework.”
In the Annex, the title is replaced by the following:
“ANNEX I — List of industrialised and other high-income countries and territories covered by this Regulation”.
A new Annex II, the text of which is set out in the Annex to this Regulation, is added.
Entry into force
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
The President
Annex
“ANNEX II
Latin America
Asia
26. Democratic People’s Republic of Korea
Central Asia
Middle East
South Africa
LEGISLATIVE FINANCIAL STATEMENT
1. NAME OF THE PROPOSAL:
Council Regulation amending Regulation (EC) No 1934/2006 establishing a financing instrument for cooperation with industrialised and other high-income countries and territories.
19 09 — Relations with Latin America
19 10 — Relations with Asia, Central Asia and Middle-East (Iraq, Iran, Yemen)
21 06 — Geographical cooperation with African, Caribbean and Pacific (ACP) States
3.1. Budget lines (operational lines and related technical and administrative assistance lines (ex- BA lines) including headings:
Heading 4 — External relations
BL. 19.09.02 — Cooperation activities other than Official Development Assistance in Latin America
BL to be re-titled in PDB 2010 from the “Preparatory Action — Cooperation with middle-income countries in Latin America”
BL. 19.10.04 — Cooperation activities other than Official Development Assistance (Asia, Central Asia, Iran, Iraq, and Yemen)
New BL requested in PDB 2010 to take over from the Preparatory Actions under BL 19 10 01 03, 19 10 01 04, and 19 10 01 04.
BL. 21.06.06 — Cooperation activities other than Official Development Assistance (South-Africa)
3.2. Duration of the action and of the financial impact:
The action proposed covers the period 2010-2013.
3.3. Budgetary characteristics (add rows if necessary):
Budget line Type of expenditure New EFTA contribution Contributions from applicant countries Heading in financial perspective
Source of funding:
1) Additional appropriations are requested only for the continuation of the preparatory actions (Objective 1: Promotion of economic partnership and business in EU interests). This amount corresponds to €67.5 million and will be allocated from the margin as sets out inn the table below.
2) The other €108.5 million will be financed through re-allocation from the corresponding DCI geographical envelopes. Objectives 2 (EU mobility EMEWC) and objective 3 (other non-ODA activities) will be financed entirely through the re-allocation from the respective DCI geographic envelopes. However, the indicative geographic envelopes under annex IV of the DCI Regulation are not modified.
As a result, although the financial envelope amounts to €176 million, the budgetary impact is €67.5 million.
In the table below, only additional appropriations allocated from the margin are set out.
Expenditure type Section no. n + 5 and later Total
Operational expenditure i
Commitment Appropriations (CA) 8. a 15. 17. 17. 17. 67.
Payment Appropriations (PA) b 7. 15. 18. 18. 9. 67.
Administrative expenditure within reference amount i
Technical & administrative assistance (NDA) 8.2. c
Commitment Appropriations a+c 15. 17. 17. 17. 67.
Payment Appropriations b+c 7. 15. 18. 18. 9. 67.
Administrative expenditure not included in reference amount i
Administrative costs, other than human resources and associated costs, not included in reference amount (NDA) 8.2. e
Total indicative financial cost of intervention
TOTAL CA including cost of Human Resources a+c+d+e 15. 17. 17. 17. 67.
TOTAL PA including cost of Human Resources b+c+d+e 7. 15. 18. 18. 9. 67.
If the proposal involves co-financing by Member States, or other bodies (please specify which), an estimate of the level of this co-financing should be indicated in the table below (additional lines may be added if different bodies are foreseen for the provision of the co-financing):
Co-financing body Year n n + n + n + n + n + 5 and later Total
…………………… f
TOTAL CA including co-financing a+c+d+e+f
Proposal is compatible with existing financial programming.
X Proposal will entail reprogramming of the relevant heading in the financial perspective.
Proposal may require application of the provisions of the Interinstitutional Agreement i (i.e. flexibility instrument or revision of the financial perspective).
Proposal has no financial implications on revenue
Proposal has financial impact – the effect on revenue is as follows:
NB: All details and observations relating to the method of calculating the effect on revenue should be shown in a separate annex.
| Prior to action [Year n-1] Situation following action
Budget line Revenue [Year n] [n+1] [n+2] [n+3] [n+4] [n+5] i
b) Change in revenue
(Please specify each revenue budget line involved, adding the appropriate number of rows to the table if there is an effect on more than one budget line.)
4.2. Human Resources FTE (including officials, temporary and external staff) – see detail under point 8.2.1.
Annual requirements Year n n + n + n + n + n + 5 and later
Details of the context of the proposal are required in the Explanatory Memorandum. This section of the Legislative Financial Statement should include the following specific complementary information:
The legislative proposal is accompanied by an Impact Assessment detailing the needs to be met.
This proposal is a legislative follow-up to the Preparatory Actions (PAs) which have been set up through the budget procedures 2007 and 2008. It aims to fill the legislative gap as regards the limited scope of the Development Cooperation Instrument (DCI) covering the geographical cooperation with countries in Asia, Central Asia, Latin America, and with Iraq, Iran, Yemen, and South Africa.
The envelope has been assessed at €176 million.
The four Preparatory Actions over 2007-2009 have been financed from the margin at the initiative of the budget authority. Activities relating to the follow-up of these actions amount to €67.5 million. The other needs to be covered (€108.5 million) relate to the mobility for EU students under Erasmus Mundus and activities foreseen under the DCI envelope but not eligible because of its limited scope as regards Official Development Assistance eligibility (e.g. visibility programmes, technical assistance in energy-related areas).
5.2. Value-added of Community involvement and coherence of the proposal with other financial instruments and possible synergy
The geographical extension of the ICI Regulation will allow further engaging with important bilateral partners and players in multilateral fora and in global governance, and with which the Community has a strategic interest in promoting diversified links. It is in the Community’s interests to further deepen its relation with countries which are both developing and major powers in the world economy, such as India, China, Brazil, or South Africa. Community’s interests go also beyond poverty eradication in regions like Central Asia and Middle East, in particular as regards energy security and public diplomacy. Finally, most of Asia and Latin America are also Middle-Income Countries interested to engage with the European Union into exchanges going beyond the Official Development Assistance.
5.3. Objectives, expected results and related indicators of the proposal in the context of the ABM framework
The proposed regulation will fund programmes and projects which meet the following main operational objectives:
Objective 1:
· Promotion of economic partnership and business in EU interests
Objective 2:
· People to people links/education cooperation
Objective 3:
· Public diplomacy and outreach
· Dialogues
· Cooperation projects which do not fulfil the ODA criteria
19 09:
· Improved European access to Latin American markets by European business, industry and research communities.
· Ensure the European participation on the Erasmus Mundus External Cooperation Windows.
· Improved level of knowledge and understanding of the EU main policies and strategic objectives.
· Improved European access to Asian markets while serving the interests of European business, industry and research communities with particular emphasis on clean and sustainable technologies and a special focus on strengthening commercial presence of European SMEs in Asia; Progress towards improving trade and investment conditions;
· Improved level of knowledge and understanding of the EU; Ensure and increase the European participation on the Erasmus Mundus External Cooperation Windows (EMECW);
· Ensure participation in the European Education Fairs a level at least equal to that successfully achieved in the past.
· Progress in the broader cooperative agenda on energy, in particular in Central Asia;
· Ensure the European participation on the Erasmus Mundus External Cooperation Window.
· Progress in the broader cooperative agendas on issues like energy, science and technology or transport, including progress towards improving trade and investment conditions;
|
Asia 16. 19. 20. 21. 77.
Promotion of economic partnership and business in EU interests (Follow-up Preparatory Actions) 12. 13. 14. 14. 53.
EU mobility EMEWC 3. 5. 5. 5. 18.
Other actions non-ODA 1. 1. 1. 1. 6.
|
Latin America 11. 16. 16. 16. 59.
Promotion of economic partnership and business in EU interests (Follow-up Preparatory Actions) 3. 4. 4. 4. 15.
EU mobility EMEWC 0. 5. 5. 5. 15.
Other actions non-ODA 8. 7. 7. 7. 29.
|
Central Asia 4. 6. 6. 6. 22.
Promotion of economic partnership and business in EU interests (Follow-up Preparatory Actions) - - - - -
EU mobility EMEWC 1. 2. 2. 2. 7.
Other actions non-ODA 3. 4. 4. 4. 15.
|
Iraq,Iran,Yemen 2. 2. 2. 2. 10.
Promotion of economic partnership and business in EU interests (Follow-up Preparatory Actions) - - - - -
EU mobility EMEWC 0. 0. 0. 0. 2.
Other actions non-ODA 2. 2. 2. 2. 8.
|
South Africa - 1. 3. 3. 7.
Promotion of economic partnership and business in EU interests (Follow-up Preparatory Actions) - - - - -
EU mobility EMEWC - 1. 2. 2. 5.
Other actions non-ODA - - 1. 1. 2.
|
Total Envelope 34. 45. 48. 48. 176.
The implementation will be centralised management directly by the Commission, and for the EU mobility component of the Erasmus Mundus ECW by the EAC Executive Agency.
The programmes will follow the regular monitoring system.
The implementation of the DCI, the Preparatory Actions and the Impact Assessment provide for a proportionate ex-ante evaluation.
6.2.2. Measures taken following an intermediate/ex-post evaluation (lessons learned from similar experiences in the past)
The Preparatory Actions will be evaluated.
The ICI regulation provides for regular evaluations.
The protection of the Community’s financial interests and the fight against fraud and irregularities form an integral part of the ICI Regulation.
Particular attention will be paid to the nature of expenditure (eligibility of expenditure), to respect for budgets (actual expenditure) and to verify supporting information and relevant documentation (evidence of expenditure).
Commitment appropriations in EUR million (to 3 decimal places)
(Headings of Objectives, actions and outputs should be provided) Type of output Av. cost Year n Year n+5 and later TOTAL
| No outputs Total cost No outputs Total cost No outputs Total cost No outputs Total cost No outputs Total cost No outputs Total cost No outputs Total cost
OPERATIONAL OBJECTIVE No1 iPromotion of partnership and business in EU interests
- Latin America 3. 4. 4. 4. 15.
- Asia 12. 13. 14. 14. 53.
Sub-total Objective 15. 17. 18. 18. 68.
- Latin America 0. 5. 5. 5. 15.
- Asia 3. 5. 5. 5. 18.
- Central Asia 1. 2. 2. 2. 7.
- Iraq, Iran, Yemen 0. 0. 0. 0. 2.
- South Africa 1. 2. 2. 5.
Sub-total Objective 5. 13. 14. 15. 48.
- Latin America 8. 7. 7. 7. 29.
- Asia 1. 1. 1. 1. 6.
- Central Asia 3. 4. 4. 4. 15.
- Iraq/Iran 2. 2. 2. 2. 8.
- South Africa - - 1. 1. 2.
Sub-total Objective 14. 14. 15. 15. 60.
|
TOTAL COST 34. 45. 48. 48. 176.
No additional administrative expenditure is required.
Types of post Staff to be assigned to management of the action using existing and/or additional resources (number of posts/FTEs)
| Year n Year n+ Year n+ Year n+ Year n+ Year n+
Officials or temporary staff i (XX 01 01) A*/AD
B*, C*/AST
Staff financed i by art. XX 01
Other staff i financed by art. XX 01 04/
(When more than one source is stated, please indicate the number of posts originating from each of the sources)
Posts currently allocated to the management of the programme to be replaced or extended
Posts pre-allocated within the APS/PDB exercise for year n
Posts to be requested in the next APS/PDB procedure
Posts to be redeployed using existing resources within the managing service (internal redeployment)
Posts required for year n although not foreseen in the APS/PDB exercise of the year in question
8.2.4.
Other Administrative expenditure included in reference amount (XX 01 04/05 — Expenditure on administrative management)
Budget line(number and heading) Year n Year n+ Year n+ Year n+ Year n+ Year n+5 and later TOTAL
Executive agencies i
- intra muros
- extra muros
Total Technical and administrative assistance
8.2.5. Financial cost of human resources and associated costs not included in the reference amount
EUR million (to 3 decimal places)
Type of human resources Year n Year n+ Year n+ Year n+ Year n+ Year n+5 and later
Staff financed by Art XX 01 02 (auxiliary, END, contract staff, etc.)(specify budget line)
Total cost of Human Resources and associated costs (NOT in reference amount)
Calculation– Officials and Temporary agents
Calculation– Staff financed under art. XX 01 02
Other administrative expenditure not included in reference amountEUR million (to 3 decimal places)
Year n Year n+ Year n+ Year n+ Year n+ Year n+5and later TOTAL
XX 01 02 11 01 — Missions
XX 01 02 11 02 — Meetings & Conferences
XX 01 02 11 03 — Committees i
XX 01 02 11 04 — Studies & consultations
XX 01 02 11 05 — Information systems
Total Administrative expenditure, other than human resources and associated costs (NOT included in reference amount)
Calculation — Other administrative expenditure not included in reference amount
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