Regulation (EC) No 2130/2001 of the European Parliament and of the Council (repealed)Dangos y teitl llawn

Regulation (EC) No 2130/2001 of the European Parliament and of the Council

of 29 October 2001

on operations to aid uprooted people in Asian and Latin American developing countries (repealed)

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(1),

Acting in accordance with the procedure laid down in Article 251 of the Treaty(2),

Whereas:

(1) In the context of refugee policy, the United Nations have adopted the Convention concluded in Geneva on 28 July 1951 relating to the Status of Refugees, the New York Protocol of 31 January 1967 and many resolutions in this field and in the fields of human rights and humanitarian law.

(2) The Universal Declaration of Human Rights of 10 December 1948, the International Covenant on Civil and Political Rights of 16 December 1966, the International Covenant on Economic, Social and Cultural Rights of 16 December 1966, the Convention on the Elimination of all Forms of Discrimination against Women of 18 December 1979 and the Convention on the Rights of the Child of 20 November 1989 also address the issue of refugees.

(3) The European Parliament has adopted several resolutions in this area, including the Resolution of 16 December 1983 on assistance to refugees in developing countries(3).

(4) Both the European Parliament and the Council have called for greater effort by the Community in this field.

(5) An integrated, consistent and effective strategy must be devised for Community action in respect of humanitarian aid, rehabilitation, aid to uprooted people and development cooperation, with a view to pursuing a sustainable European Community development policy.

(6) It is particularly necessary to integrate aid for uprooted peoples with the development strategy of the countries and population groups for whom the aid is destined; Community action should therefore facilitate the move from the emergency stage to that of development, encouraging the socio-economic integration or reintegration of the people affected and, given the need to eliminate the causes of armed conflict, encourage the establishment or strengthening of democratic structures and the role of the population in the development process.

(7) Support programmes for uprooted people and demobilised former soldiers are an integral part of an overall rehabilitation strategy for Asian and Latin American developing countries. For the programmes to be effective, aid must be coordinated at Community level and with other donors, non-governmental organisations (NGOs) and United Nations bodies, particularly the United Nations High Commissioner for Refugees (UNHCR). The Commission should take responsibility both for monitoring and ensuring the visibility of funds channelled through NGOs and the United Nations. The Commission is moreover politically responsible for the ways in which its funds are spent by NGOs and the United Nations.

(8) The effectiveness and consistency of Community, national and international prevention and intervention mechanisms should be ensured, both in order to prevent conflicts and to encourage all peaceful solutions to political conflicts and wars which result in population displacement.

(9) The specialised bodies and agencies and NGOs have acquired considerable experience of helping uprooted people from implementing operations of this kind in the past.

(10) Ideally, action to help uprooted people should form part of an approach that aims to move on from so-called subsistence to a stage in which they become self-sufficient or less dependent.

(11) Effective, flexible and expeditious procedures need to be guaranteed for aid operations in this sphere; the Community should also ensure maximum transparency in the granting of aid, and strict controls on the use of appropriations.

(12) Until 31 December 2000, the legal basis for Community action in this field was Council Regulation (EC) No 443/97 of 3 March 1997 on operations to aid uprooted people in Asian and Latin American developing countries(4). The experience acquired during its application should be reflected in this Regulation.

(13) This Regulation lays down, for its entire duration, a financial framework constituting the prime reference, within the meaning of point 33 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission of 6 May 1999 on budgetary discipline and improvement of the budgetary procedure(5), for the budget authority during the annual budgetary procedure.

(14) The measures necessary for the implementation of this Regulation should be adopted 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(6).

(15) The protection of the Community's financial interests and the fight against fraud and irregularities form an integral part of this Regulation,

HAVE ADOPTED THIS REGULATION:

(1)

OJ C 120 E, 24.4.2001, p. 163.

(2)

Opinion of the European Parliament of 5 July 2001 (not yet published in the Official Journal), and Decision of the Council of 16 October 2001.

(3)

OJ C 10, 16.1.1984, p. 278.

(4)

OJ L 68, 8.3.1997, p. 1. Regulation as amended by Regulation (EC) No 1880/2000 of the European Parliament and of the Council (OJ L 227, 7.9.2000, p. 1).

(5)

OJ C 172, 18.6.1999, p. 1.

(6)

OJ L 184, 17.7.1999, p. 23.