BETA

29 Amendments of Judith SARGENTINI related to 2016/0207(COD)

Amendment 9 #
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
Amendment 10 #
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
Amendment 12 #
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
Amendment 14 #
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
Amendment 18 #
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 tostates 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
Amendment 20 #
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
Amendment 22 #
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
Amendment 24 #
Proposal for a regulation
Recital 3
(3) Supporting security sector actors, including the militaryarmed 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
Amendment 30 #
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
Amendment 35 #
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
Amendment 40 #
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
Amendment 41 #
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
Amendment 44 #
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 actorarmed 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
Amendment 46 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 230/2014
Article 3a – title
Capacity building in supporthe context of security and developmentsector reform
2017/05/12
Committee: DEVE
Amendment 49 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 230/2014
Article 3a – paragraph 1
1. In order to contribute to sustainable development and in particular the achievement of stable, peaceful and inclusive societies, Union assistance under this Regulation may be used to build the capacity of military actorsactors, including armed forces of a third country, in partner countries, under the exceptional circumstances and in compliance with Official Development Aid eligibility requirements as laid down by the Development Assistance Committee of the OECD as set out in paragraph 3 of this Article.
2017/05/12
Committee: DEVE
Amendment 51 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 230/2014
Article 3a – paragraph 2
2. Assistance may cover in particular the provision of capacity building programmes in support of security and develop, under exceptional circumstances and in limited areas, in compliance with Official Development Aid eligibility requirements as laid down by the Development Assistance Committee of the OECD and subject to all conditions and restrictions laid down in Articles 3, 4 and 4a below. Such assistance may include, under civilian oversight, training, mentoring and advice on, inter alia, human rights and the rule of law, civilian oversight and democratic control of the military, protection of woment, including training, mentoring and advice, as well as the provision of equipment, infrastructure improvements and provision of other services. conflict and prevention of sexual and gender-based violence, international humanitarian law, humanitarian response and disaster relief preparedness, prevention and treatment of communicable diseases, the fight against corruption, including the prevention of predatory behaviour against civilians, and transparency, as well as the provision of equipment, infrastructure improvements and provision of other services needed for the delivery of humanitarian aid or development services through the military while respecting the humanitarian principles of humanity, neutrality, impartiality and independence or the performance of development services.
2017/05/12
Committee: DEVE
Amendment 57 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 230/2014
Article 3a – paragraph 3 – introductory part
3. Assistance pursuant to this Article shall only be providedremain exceptional and shall be provided under the following two conditions:
2017/05/12
Committee: DEVE
Amendment 58 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 230/2014
Article 3a – paragraph 3 – point a
(a) where requirements cannot be met by recourse to non-military actors to adequately reach Union objectives under this Regulation and the premise of the achievement of stable, peacefultimely or effectively be met using available civilian assets to ensure the delivery of humanitarian anid inclusive societies is denied by a serious threat to the existence of functioning State institutions, as well as to the protection of human rights and fundamental freedoms, or State institutions can no longer cope with this serious threator development services, provided that the humanitarian principles of humanity, neutrality, impartiality and independence are respected and the performance of development services is warranted; and
2017/05/12
Committee: DEVE
Amendment 59 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 230/2014
Article 3a – paragraph 3 – point b
(b) where a consensus exists between the country concerned and, the international community and/or the European Union that the security sector, and in particular the military, are key for stability, peace and development, particularly in crises and fragile contexts and situationsincluding the country's armed forces, are key for preserving, establishing or re-establishing the conditions essential for sustainable development.
2017/05/12
Committee: DEVE
Amendment 62 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 230/2014
Article 3a – paragraph 4 – point b
(b) the procurement of arms, spare parts and ammunition or any other equipment designed to deliver lethal force;
2017/05/12
Committee: DEVE
Amendment 64 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 230/2014
Article 3a – paragraph 4 – point c
(c) training which is solely designed to contribute to the fighting capacity of the armed forces or aimed at any purposes other than those in compliance with Official Development Aid eligibility requirements as laid down by the Development Assistance Committee of the OECD.
2017/05/12
Committee: DEVE
Amendment 65 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
4a. Support to armed forces under this Regulation shall be subject to the following restrictions: (a) in the case of developing countries, the Union’s support shall comply with Official Development Aid eligibility requirements as laid down by the Development Assistance Committee of the OECD; (b) , in developing and other third countries the Union’s support shall exclude actions primarily aimed at building military capacities for security purposes.
2017/05/12
Committee: DEVE
Amendment 67 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 230/2014
Article 3a – paragraph 5
5. When designing and implementing measures pursuant to this Article, the Commission shalland the EEAS shall ensure full complementarity with other Union external assistance instruments as well as with overall external action consistency, including the CFSP, and promote ownership by the partner country. It shall also develop the necessary elements and the good practices required for ensuring sustainability in the medium and long term and promote the rule of law and established international law principles.
2017/05/12
Committee: DEVE
Amendment 70 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 230/2014
Article 3a – paragraph 6
6. The Commission shall establish appropriate risk assessment, monitoring and evaluation procedures for measures pursuant to this Article and, without delay, shall make that information publicly available.
2017/05/12
Committee: DEVE
Amendment 71 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) No 230/2014
Article 7 – paragraph 1
(3) In Article 7, paragraph (1) is replaced by the following: “1. Article 3, and to Article 3a as appropriate, shall be provided through exceptdeleted Unional assistance measures and interim response programmes.”pursuant to
2017/05/12
Committee: DEVE
Amendment 75 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) No 230/2014
Article 8 – paragraph 1
1. Thematic strategy papers shall constitute the general basis for the implementation of assistance pursuant to Articles 4 and 5, and to Article 3a as appropriate. Thematic strategy papers shall provide a framework for cooperation between the Union and the partner countries or regions concerned.
2017/05/12
Committee: DEVE
Amendment 77 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EU) No 230/2014
Article 10 – paragraph 1
1. The Commission shall ensure that measures adopted under this Regulation in relation to the fight against terrorism and organised crime, as well as measures covered under Article 3a, are implemented in accordance with international law, including international humanitarian law, and the Union's 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. The Commission shall, without delay, make its relevant assessments publicly available.
2017/05/12
Committee: DEVE
Amendment 79 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Regulation (EU) no 230/2014
Article 13 – paragraph 3 – point b a (new)
(6a) In paragraph 3 of Article 13, the following point is inserted: (ba) 21 percentage points of the financial envelope shall be allocated to measures falling under Article 5;
2017/05/12
Committee: DEVE
Amendment 80 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 b (new)
Regulation (EU) no 230/2014
Article 13 – paragraph 3 – point b b new
(6b) In paragraph 3 of Article 13, the following point is inserted: (bb) assistance falling under Article 3a shall be limited to a maximum of EUR 100 000 000.
2017/05/12
Committee: DEVE