Proposal for a COUNCIL REGULATION (EC) ON HIV/AIDS-RELATED OPERATIONS IN DEVELOPING COUNTRIES

Proposal for a Council Regulation (EC) on HIV/AIDS-related operations in developing countries (95/C 252/04) COM(95) 293 final - 95/0164(SYN)

(Submitted by the Commission on 11 July 1995)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 130w thereof,

Having regard to the proposal from the Commission,

In cooperation with the European Parliament,

Whereas the budgetary authority decided, in the framework of the 1988 budget, to create a budgetary line designed to support the fight against the HIV/AIDS epidemic;

Whereas the Commission, in its communication of 7 January 1994 to the Council and Parliament on HIV/AIDS in the developing countries, outlined the policy principles and strategic priorities needed to enhance the effectiveness of action by the Community and the Member States in that field;

Whereas HIV/AIDS is no longer an emerging epidemic, but has become a pandemic spread throughout the whole world, and is evolving with different social and political implications, depending on the regions and/or countries in question, and thus requires a structural and multisectoral response;

Whereas the Council, in its resolution of 6 May 1994, emphasized the gravity of the HIV/AIDS epidemic and the need to step up efforts to give more support to the developing countries' national strategies; whereas it identified, as priorities for such support, strategies aimed at more effective prevention of transmission based on education, the promotion of sexual and reproductive health and transfusion safety, along with strategies to help the HIV-positive and the sick, in particular by strengthening health systems and combatting discrimination and social exclusion;

Whereas the European Parliament and the EEC-ACP Joint Assembly, in resolutions adopted respectively on 14 April 1986 and 15 February 1993, also underlined the need to take greater account of the economic and social consequences of HIV/AIDS, notably through measures designed to enhance the status of women and help communities care for families and individuals affected by the pandemic;

Whereas the calls of both the Council and Parliament for increased Community involvement in this field;

Whereas the effectiveness of programmes to support national strategies to combat HIV/AIDS depends on improved coordination of aid both within the Community and with other donors and UN agencies, in particular the new programme being set up with cosponsoring from the UN, and on the use of flexible procedures tailored to the specific nature of the activities and the partners concerned; whereas the Council and Parliament resolutions call for efforts in that direction;

Whereas rules and procedures should be established for cooperation in the field of HIV/AIDS,

HAS ADOPTED THIS REGULATION:

Article 1

The Community shall implement a programme to assist the developing countries in their efforts to combat the spread of the HIV/AIDS epidemic and help them cope with its impact on health and social and economic development.

The Community shall give priority to backing strategies aimed at:

- promoting an effective policy to prevent HIV/AIDS from being transmitted sexually, perinatally or through the blood,

- breaking the 'poverty-instability-HIV/AIDS` cycle, with particular attention being accorded to groups in high-risk environments (refugees, migrants etc.),

- reinforcing health and social services so that they can cope with the growing demands of the spreading epidemic,

- helping governments assess the epidemic's impact on different economic sectors and social groups, and draft and implement strategies to cope with it,

- developing biomedical and sociological knowledge of the epidemic and scientific understanding of the impact of measures, with a view to improving their quality.

Article 2

The measures to be taken to achieve the priority objectives mentioned in Article 1 shall include:

- sexual and reproductive health education adapted specially to make it accessible to the target groups, people in high-risk environments and young people and women generally,

- better prevention of the transmission of HIV and sexually-transmitted diseases and better treatment of the latter diseases,

- improving the availability and use of different means and methods of protection,

- strengthening health services, particularly in outlying areas, in order to expand prevention and care, and improving the safety of blood transfusions,

- technical back-up to help governments analyse the social and economic impact of the epidemic and develop and implement suitable strategies in the sectors concerned (health, education, the reduction of poverty, etc.),

- technical and financial support to enable NGOs and grassroots groups to optimize their contribution to prevention and care, notably through help with the formation of networks,

- the development of scientific training through better monitoring of programmes based on relevant indicators, and the strengthening of applied medical, sociological and anthropological research,

- the promotion of respect for human rights and freedom from discrimination and stigma for those living with the virus, in particular by putting an appropriate legal framework in place.

Article 3

The agents of cooperation eligible for financial support under this Regulation include national, regional and local government departments and agencies, local authorities and other local bodies, regional organizations, international organizations, research institutes and universities, local communities and the private sector, including non-governmental organizations and grassroots associations able to contribute whatever expertise they have to the design, implementation and monitoring of the priority strategies in the HIV/AIDS field described in Article 2.

Article 4

1. The instruments to be employed in the course of the activities referred to in Article 1 include studies, technical assistance, training or other services, supplies and works, along with audits and evaluation and monitoring missions. Priority shall be given to enhancing national capacities, particularly through training with a view to long-term viability.

2. Community financing may cover both investment, with the exception of the purchase of buildings, and operating costs in local or foreign currency, depending on the needs of the operation.

3. A systematic effort shall be made to get the agents or partners ultimately benefiting from the operation (countries, local communities, firms, etc.) to contribute, if possible financially, according to their means and the nature of the operation concerned.

4. Opportunities shall be sought for cofinancing, especially with Member States. Necessary measures will be taken to emphasise the Community character of aid provided under this Regulation.

5. In order to reinforce coherence and complementarity between the actions financed by the Community and those financed by the Member States, with the aim of guaranteeing optimal efficiency of the totality of these actions, the Commission will take all necessary coordination measures, notably:

(a) the establishment of a system for the systematic exchange of information on actions financed or for which financing is foreseen by the Community and the Member States;

(b) on the spot coordination of these actions by means of regular meetings and exchange of information between the representatives of the Commission and Member States in the beneficiary country or countries concerned.

Article 5

Financial support under this Regulation shall be in form of grants.

Article 6

1. The Commission shall appraise, decide and administer the cofinancing of operations covered by this Regulation according to the budgetary and other procedures in force, and in particular those laid down in the Financial Regulation applicable to the general budget of the European Communities.

2. Decisions relating to grants of more than ECU 2 million for individual operations financed under this Regulation or any change resulting in an increase of more than 20 % in the sum initially approved for such an operation shall be taken under the procedure laid down in Article 7.

3. All financing agreements or contracts concluded under this Regulation shall provide for the Commission and the Court of Auditors to conduct on-the-spot checks according to the usual procedures laid down by the Commission under the rules in force, and in particular those of the Financial Regulation applicable to the general budget of the European Communities.

4. Where operations are the subject of financing agreements between the Community and the recipient country, such agreements shall stipulate that the payment of taxes, duties or any other charges is not to be covered by the Community.

5. Participation in invitations to tender and the award of contracts shall be open on equal terms to natural and legal persons of the Member States and of the recipient country. It may be extended to other developing countries and, in exceptional cases which are fully justified, to third countries.

6. Supplies shall originate in the Member States, the recipient country or other developing countries. In exceptional cases, where circumstances warrant, supplies may originate elsewhere.

Article 7

1. The Commission shall be assisted by an advisory committee made up of representatives from the Member States and chaired by a representative of the Commission, depending on the beneficiary country or region concerned, as follows:

(a) for the ACP countries, the EDF Committee set up by Article 21 of Internal Agreement 91/401/EEC on the financing and administration of Community aid under the fourth Lomé Convention, adopted on 16 July 1990 by the representatives of the Member States meeting in the Council;

(b) for the Mediterranean countries, the MED Committee set up by Article 6 of Council Regulation (EEC) No 1762/92 of 29 June 1992;

(c) for the Asian and Latin American countries, the ALA Committee set up by Article 15 of Council Regulation (EEC) No 443/92 of 25 February 1992.

2. The Commission representative shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft, voting if necessary, within a period that the chairman may specify according to the urgency of the matter at hand.

The opinion shall be entered in the minutes; each Member State shall be entitled to ask that its position be recorded in the minutes. The Commission shall take full account of the committee's opinion. It shall notify the committee of the manner in which it has taken account of that opinion.

Article 8

An exchange of views will take place, once a year, on the basis of a presentation by the Commission's representative of the general guidelines for the operations to be carried out in the year ahead, in the framework of a joint meeting of the three committees mentioned in Article 7 (1).

Article 9

After each budget year, the Commission shall report to Parliament and the Council, summarizing the operations financed in the course of that year and evaluating the implementation of this Regulation in that period.

The summary shall in particular contain information about those with whom contracts have been concluded.

The report shall also set out the conclusions of any independent evaluations of specific operations.

Article 10

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.