Explanatory Memorandum to COM(2020)461 - Amendment of Regulation 1257/96 concerning Humanitarian Aid

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1. CONTEXT OF THE PROPOSAL

The Coronavirus disease outbreak ("COVID-19") has been declared as a pandemic by the World Health Organization (WHO) on 11 March 2020. Since then, countries across the world have adopted extraordinary measures to respond to and contain the outbreak.

The COVID-19 pandemic crisis is having a major impact on societies around the globe, starting with health systems, and moving to severe global social and economic consequences. This poses important challenge to third countries with weak institutions and/or facing conflicts or other crises such as natural disasters. Vulnerable groups including refugees and displaced persons may be in particular risk. The response strategy of the Union should be comprehensive, coherent and integrated, tackling the public health and the socio-economic challenges as well as responding to immediate humanitarian needs created or aggravated by the pandemic.

This exceptional situation calls for a coherent and unified approach at the level of the Union. Therefore, substantial amounts of public and private investment are needed to find solutions to the challenges of the COVID-19 outbreak.

The Commission therefore proposes an ambitious package including a proposal to establish a European Union Recovery Instrument. In addition to the support to economies both within the EU as well as in third countries, the instrument should also reinforce EU humanitarian assistance and support capacity building to enhance future crisis prevention and preparedness.

It is proposed that those measures are carried out under specific Union instruments and programmes in accordance with the relevant Union acts laying down rules for those instruments and programmes.

It is therefore necessary to enable the implementation of those measures through the delivery mechanisms under Regulation (EC) No 1257/96 of 20 June 1996 concerning humanitarian aid.


2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

Legal basis

EU action is justified by Article 214 i of the Treaty on the Functioning of the European Union.


Subsidiarity and proportionality

The explanatory memorandum of the proposal for the Regulation establishing the European Union Recovery Instrument details the subsidiarity and proportionality considerations.

Choice of the instrument

This regulation amends Regulation (EC) No 1257/96 of 20 June 1996 concerning humanitarian aid.


3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

Stakeholder consultations

1 2 The Annex 8 of the Commission staff working document SWD(2018) 337 final provides additional information. Additional information on stakeholder consultations on humanitarian aid is also available on internet.


Evaluations and impact assessments

3 The Annex 8 of the Commission staff working document SWD(2018) 337 final provides additional information. Evaluations of humanitarian aid are also regularly carried out and are available on internet. 

4. BUDGETARY IMPLICATIONS

The Union will make available financing for the implementation of the Humanitarian Aid Programme. An amount of EUR 5 468 000 000 (in current prices) will derive from financing from the European Union Recovery Instrument.

More details on the budgetary implications are provided in the Legislative Financial Statement.

5. OTHER ELEMENTS

Detailed explanation of the specific provisions of the proposal

The legal framework consists of targeted modifications to Regulation (EC) No 1257/96 of 20 June 1996 concerning humanitarian aid.


The main amendments introduced aim at:

–Enabling the implementation of the measures laid down in the proposal for Regulation establishing a European Union Recovery Instrument through the delivery mechanisms of Humanitarian Aid;

–Enabling financing from the European Union Recovery Instrument as external assigned revenues in accordance with Article 21 i of the Financial Regulation;

–Ensuring compliance with the targeted deadlines laid down in Article 4 of the proposal for Regulation establishing a European Union Recovery Instrument through proper cross-referencing;