This Regulation lays down the procedures for the implementation of Community operations against anti-personnel landmines within the framework of Community cooperation policy in third countries, while advancing a consistent and coherent humanitarian mine clearance strategy in response to the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction (hereinafter referred to as the ‘Ottawa Convention’).
Council Regulation (EC) No 1725/2001 of 23 July 2001 concerning action against anti-personnel landmines in third countries other than developing countries
Council Regulation (EC) No 1725/2001 of 23 July 2001 concerning action against anti-personnel landmines in third countries other than developing countries
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament,
Whereas:
The European Community is concerned by the presence of anti-personnel land-mines and other unexploded devices in areas where civil communities are trying to recover from armed conflict.
Anti-personnel landmines cause suffering and casualties and constitute a serious obstacle to economic development, inhibit the return of refugees and displaced persons, and obstruct humanitarian aid operations, reconstruction and rehabilitation and the restoration of normal social conditions.
The Community is determined to make a full contribution towards the goal of total elimination of anti-personnel landmines world-wide in the coming years.
The Community and its Member States have provided the largest contribution to the wider international effort to overcome the tragedy of anti-personnel landmines.
Action to achieve the total elimination of anti-personnel landmines is still at an early stage and therefore the Community should continue to exercise determined leadership until the goal is fully achieved.
This Regulation is a direct response to the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction (Ottawa Convention).
Therefore, financial aid should, as a priority, benefit those third countries which are committed to the fight against anti-personnel landmines and are parties to the Ottawa Convention.
Community mine action is often an integral part of humanitarian aid, rehabilitation, reconstruction or development activities, whilst being a discrete and specialised activity responding to distinct priorities, operational requirements and political imperatives.
As part of such activities, as well as in the case of framework programmes for the research and development of mine action technology, new and existing actions will continue to be funded from specific budget lines, supported, complemented and coordinated under this Regulation where appropriate.
For the Community to be able to contribute effectively to preventive actions on mines, it will be necessary to allow for Community action to destroy anti-personnel landmines in stockpiles in conjunction with operations to destroy anti-personnel landmines in the ground.
Scientific research should be intensified with the aim of developing technologies to facilitate mine detection and identification of the affected areas with greater precision.
The Community needs to be in a position to ascertain that the mine clearance actions which it has financed have been effective. It must therefore employ the appropriate technical means, including military technology where necessary.
This Regulation is designed to provide the basis for a coherent and efficient approach for the Community mine action in third countries other than developing countries, through advancing an integrating strategy, in close coordination between the Commission, the Member States and the international community at all stages of mine actions.
Such an approach should not prevent Community response to humanitarian emergencies wherever they occur.
It is necessary to ensure that these actions are coherent with the European Union's foreign policy as a whole, including the Common Foreign and Security Policy.
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(2).
The anti-personnel landmine problem, by its life-threatening nature and its global extent, requires efficient, flexible and, where necessary, rapid decision-making procedures for the financing of Community actions.
The Community should ensure maximum transparency in the implementation of the financial assistance and stringent controls in the use of appropriations.
The protection of the Communities' financial interests as well as the fight against fraud and irregularities constitute an inherent part of this Regulation.
The operations referred to in this Regulation fit into the framework of Community cooperation policy in third countries other than developing countries and are necessary to attain one of the objectives of the Treaty. The Treaty does not provide for the adoption of this Regulation, powers other than those laid down in Article 308.
Article 6 of Regulation (EC) No 1724/2001 of the European Parliament and of the Council of 23 July 2001 concerning action against anti-personnel landmines in developing countries(3) provides for a financial framework for the implementation of all Community mine actions, including under this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
1.
2.
The operations referred to in this Regulation shall be implemented in the territory of third countries other than developing countries or shall be directly related to situations arising in these countries, particularly in those recovering from conflicts.
Mine actions shall be integrated into all country and cooperation strategies of such third countries which suffer from the consequences of anti-personnel landmines.
Article 2
1.
Community operations under this Regulation shall be aimed at assisting countries which suffer from the consequences of anti-personnel landmines, to create the conditions necessary for their economic and social development, by
-
supporting the elaboration, monitoring and implementation of a civilian mine action strategy;
-
assisting afflicted countries in their implementation of the Ottawa Convention;
-
creating and sustaining international structures and local capabilities within the afflicted countries to carry out mine actions with maximum effectiveness;
-
responding to humanitarian emergency, preventing casualties and assisting the rehabilitation of mine victims;
-
supporting the in-country trial and introduction into operational use of appropriate mine action equipment and techniques;
-
promoting coordination with end-users of the mine clearance equipment at the early stages of research and to support the use of these technologies in mine-affected countries;
-
encouraging mine clearance actions that are compatible with the local environment and consistent with the sustainable development of the affected region;
-
supporting coordination among international mine action actors.
2.
The operations financed under this Regulation may comprise all activities related to action against anti-personnel landmines which will support objectives necessary for economic and social development, including:
-
mine awareness education;
-
training of specialist personnel;
-
survey and marking of suspected areas;
-
detection and identification of anti-personnel landmines;
-
mine clearance to humanitarian standards and destruction of anti-personnel landmines in the ground and in conjunction therewith the destruction of anti-personnel landmines in stockpiles;
-
victim assistance, rehabilitation and socio-economic reintegration of mine victims;
-
information management, including geographical information systems;
-
other activities, which contribute to the reduction of the human, economic and environmental impact of anti-personnel landmines.
3.
In the context of paragraph 2, priority shall be given to operations in the most seriously mine afflicted countries, where anti-personnel landmines or, in conjunction therewith, other unexploded ordnance cause many civilian casualties or where the presence or suspected presence of these devices is a major obstacle to the restoration of economic and social activity or to development and thus requires a specific long-term commitment that emergency humanitarian or reconstruction aid are unable to provide.
4.
In order to ensure coherence, complementarity and synergy within regional operation programmes and in the context of humanitarian aid, rehabilitation, reconstruction and development projects, mine actions which can be financed within the framework of any of those programmes or projects shall continue to be financed from the budget line on which the principal action is financed. Where necessary, these activities may be complemented or supported by mine actions financed under this Regulation.
Article 3
The operations financed under this Regulation shall in principle benefit those countries which are committed to the fight against anti-personnel landmines and are parties to the Ottawa Convention. Exceptions may be made for humanitarian emergency, for assistance to mine victims and for actions in direct support of vulnerable civil communities, such as refugees and displaced persons, or where the national administration is not functioning.
Article 4
1.
Partners eligible for financial support under this Regulation may include regional and international organisations and agencies, non-governmental organisations (NGOs), national, provincial and local governments, their departments and agencies, institutes and public and private operators with appropriate specialised expertise and experience.
2.
Eligibility for participation in tendering procedures under this Regulation shall be determined in accordance with the rules of eligibility, and the derogations therefrom, set out in Council Regulation (EC) No 2112/2005 of 21 November 2005 on access to Community external assistance(4).
3.
Companies and other organisations tendering for contracts shall show that they have an operations policy that does not put their employees unduly at risk, and that such policy is supported by adequate employee accident and liability insurance.