[ParlTrack]

Heidi HAUTALA, Maria HEUBUCH, Judith SARGENTINI

Proposal for a regulation
Citation 1

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 208, 209(1) and 212(2) thereof,

2017/05/12
Committee: DEVE

Heidi HAUTALA, Maria HEUBUCH, Judith SARGENTINI

Proposal for a regulation
Citation 1 a (new)

Having regard to the Treaty on European Union, in particular Articles 24, 40 and 41(2),

2017/05/12
Committee: DEVE

Heidi HAUTALA, Maria HEUBUCH, Judith SARGENTINI

Proposal for a regulation
Recital -1 (new)

(-1) Article 208(1) of the Treaty on the Functioning of the European Union clearly states that Union development cooperation policy “shall have as its primary objective the reduction and, in the long term, the eradication of poverty.”.

2017/05/12
Committee: DEVE

Heidi HAUTALA, Maria HEUBUCH, Judith SARGENTINI

Proposal for a regulation
Recital 1

(1) The 2005 European Consensus on Development recognised the link between security and development, while highlighting their complementary nature.16 __________________ 16 Joint statement by the Council and the representatives of the governments of the Member States meeting within the Council, the European Parliament and the Commission on European Union Development Policy entitled “The European Consensus”, Official Journal, C 46 of 24.2.2006

2017/05/12
Committee: DEVE

Heidi HAUTALA, Maria HEUBUCH, Judith SARGENTINI

Proposal for a regulation
Recital 2

(2) The United Nations’ 2030 Agenda for Sustainable Development, adopted in September 2015, underlines the importance of promoting peaceful and inclusive societies both as a Sustainable Development Goal (SDG 16) and in order to achieve other development policy outcomes. SDG 16.a specifically ~~requests to~~states that “strengthen relevant national institutions, including through international cooperation, for building capacities at all levels, in particular in developing countries, for preventing violence and combatting terrorism and crimeing the rule of law and promoting human rights is key to this process, as is reducing the flow of illicit arms [...]”.17 __________________ 17 United Nations, A/RES/70/1, Resolution adopted by the General Assembly on 25 September 2015

2017/05/12
Committee: DEVE

Heidi HAUTALA, Maria HEUBUCH, Judith SARGENTINI

Proposal for a regulation
Recital 2 a (new)

(2a) Article 24 of the Treaty on European Union sets out specific rules and procedures for the Union's common foreign and security policy. Furthermore, Article 40 of the Treaty on European Union (TEU) states that the implementation of the common foreign and security policy (CFSP) is not to be done at the expense of other policies like development cooperation and Article 41 TEU excludes financing of operations with military and defence implications through the Union budget.

2017/05/12
Committee: DEVE

Heidi HAUTALA, Maria HEUBUCH, Judith SARGENTINI

Proposal for a regulation
Recital 2 b (new)

(2b) The OECD Development Assistance Committee (DAC) High Level Meeting Communiqué of 19 February 2016 updated the reporting directives on Official Development Assistance (ODA) in the field of peace and security1a. The financing of the actions undertaken in accordance with this Regulation qualifies as ODA when it complies with the eligibility requirements laid down by the Development Assistance Committee of the OECD. In conformity with that Communiqué, ODA eligible activities involving the partner country's armed forces include: support for civilian oversight and democratic control of the military; under exceptional circumstances, i.e. whenever a specific asset, capability or asset requirement cannot timely or effectively be met using the available civilian assets, the possible delivery of humanitarian aid or development services through the military, provided that it respects the humanitarian principles of humanity, neutrality, impartiality and independence and that the performance of development services is warranted; and training of partner countries military personnel under civilian oversight and with a clear developmental purpose for the benefit of civilians in the areas of human rights and rule of law, protection of women in conflict and prevention of sexual and gender-based violence, international humanitarian law, prevention and treatment of communicable diseases, the fight against corruption, including the prevention of predatory behaviour against civilians, transparency, respect of civilian oversight and democratic control. __________________ 1aDocument DCD/DAC(2016)3/FINAL of 8 April 2016 1bDocument DCD/DAC(2016)3/FINAL of 8 April 2016

2017/05/12
Committee: DEVE

Heidi HAUTALA, Maria HEUBUCH, Judith SARGENTINI

Proposal for a regulation
Recital 3

(3) Supporting security sector actors, including ~~the military~~armed forces under exceptional circumstances, in third countries in a conflict prevention, crisis management or stabilisation context is essential to ensure appropriate conditions for poverty eradication and development. Those actions are particularly necessary to ensure the protection of civilian populations in the areas affected by conflict, crises or fragilitycompliance with Official Development Aid eligibility requirements as laid down by the Development Assistance Committee of the OECD in third countries in a crisis context is essential to ensure appropriate conditions for poverty eradication and development. Good governance and effective democratic control and civilian oversight of the security system, including the military, as well as compliance with human rights and the rule of law principles are essential attributes of a well-functioning State in any context, and should be promoted through a wider security sector reform support to third countries.

2017/05/12
Committee: DEVE

Heidi HAUTALA, Maria HEUBUCH, Judith SARGENTINI

Proposal for a regulation
Recital 6

(6) The Council conclusions on Common Security and Defence Policy (CSDP) of 18 May 2015 called to explore options to enhance coherence and coordination between EU security and development actions, as well as to improve the delivery of capacity building in support of security and development, notably in terms of financing instruments.19 They also invited to develop an EU-wide strategic framework for Security Sector Reform, bringing together CSDP and all other relevant Common Foreign and Security Policy (CFSP) tools as well as development cooperation instruments and freedom, security and justice actors. __________________ 19Foreign Affairs Council (Defence formation) conclusions on CSDP, document 8971/15 of 18 May 2015deleted

2017/05/12
Committee: DEVE

Heidi HAUTALA, Maria HEUBUCH, Judith SARGENTINI

Proposal for a regulation
Recital 6 a (new)

(6a) Capacity building of armed forces in third countries should only be undertaken as part of the Union's development cooperation policy when it primarily pursues objectives in the field of development in limited areas which comply with Official Development Aid eligibility requirements as laid down by the Development Assistance Committee of the OECD and as part of the Union's CFSP when it primarily pursues objectives in the field of peace and security, in compliance with Article 40 TEU. This Regulation should comply with the procedures and the allocation of powers amongst the Union’s institutions in the framework of the Union's development cooperation policy and its CFSP.

2017/05/12
Committee: DEVE

Heidi HAUTALA, Maria HEUBUCH, Judith SARGENTINI

Proposal for a regulation
Recital 6 b (new)

(6b) As regards the options available within the CFSP, the European Parliament resolution of 22 November 2016 on the European Defence Union pointed out in paragraph 47 to a possible reform of the ATHENA mechanism aiming at enlarging its potential for cost- sharing and common funding, especially with regard to building the capacity of military actors in partner countries (with respect to training, mentoring, advice, provision of equipment, infrastructure improvement and other services). A similar mechanism was developed outside of the Union budget by means of the African Peace Facility.

2017/05/12
Committee: DEVE

Heidi HAUTALA, Maria HEUBUCH, Judith SARGENTINI

Proposal for a regulation
Recital 6 c (new)

(6c) The Council conclusions1a on the Action Plan on Human Rights and Democracy 2015 - 2019 of 20 July 2015, in particular the annexed EU Action Plan on Human Rights and Democracy and its point 21(c), calls on the Commission, the EEAS and the Council to develop and implement, by 2017, a due diligence policy to ensure that the Union’s support to security forces is in compliance with and contributes to the implementation of the Union’s human rights policy and is consistent with the promotion, protection and enforcement of international human rights law and international humanitarian law, as applicable. __________________ 1a http://data.consilium.europa.eu/doc/docu ment/ST-10897-2015-INIT/en/pdf

2017/05/12
Committee: DEVE

Heidi HAUTALA, Maria HEUBUCH, Judith SARGENTINI

Proposal for a regulation
Article 1 – paragraph 1 – point 1

Regulation (EU) No 230/2014
Article 1 – paragraph 2 – subparagraph 1a

Where Union assistance is provided to the security sector actors, this may also include ~~military actor~~armed forces under exceptional circumstances and, in any event, shall comply with Official Development Aid eligibility requirements as laid down by the Development Assistance Committee of the OECD as provided for in Article 3a, in particular in the context of a wider security sector reform process ~~and/or capacity building in support of security and development~~ in third countries, in line with the overarching objective of achieving sustainable development.

2017/05/12
Committee: DEVE

Heidi HAUTALA, Maria HEUBUCH, Judith SARGENTINI