HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 347/34
EN
Official Journal of the European Union
30.12.2011
REGULATION (EU) No 1341/2011 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 13 December 2011
amending Regulation (EC) No 1905/2006 establishing a financing instrument for development
cooperation
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
lenges in the context of changing trade arrangements,
EUROPEAN UNION,
notably liberalisation of the most-favoured nation
(MFN) tariff in the framework of the WTO and the
bilateral and regional agreements concluded, or in the
process of being concluded, between the Union and
Having regard to the Treaty on the Functioning of the European
Latin American countries. Therefore, an ACP banana
Union, and in particular Article 209(1) thereof,
accompanying measures programme (the BAM
programme) should be added to Regulation (EC) No
1905/2006 of the European Parliament and of the
Council (
Having regard to the proposal from the European Commission,

2 ).
(5) The
financial
assistance
measures
to
be
adopted
under
After transmission of the draft legislative act to the national
the BAM programme should aim at improving the
parliaments,
living standards and living conditions of people in
banana-growing areas and in banana value chains,
specifically small farmers and small entities, as well as
ensuring compliance with labour and occupational health
Acting in accordance with the ordinary legislative procedure, in
and safety standards, and environmental standards,
the light of the joint text approved by the Conciliation
notably those regarding the use of and exposure to
Committee on 31 October 2011 ( 1 ),
pesticides. Those measures should therefore support
adaptation and include, when relevant, the reorgani
sation, of areas dependent upon banana exports to the
European Union through sector-specific budget support
Whereas:
or project-specific interventions. The measures should
take into consideration the expected development of
the banana export sector and aim to provide for social
resilience policies, economic diversification or investment
(1) The
Union’s
development
policy
aims
to
reduce
and
ultimately eradicate poverty.
to improve competitiveness, where this is viable, taking

into account the results of and experiences gained
through the Special System of Assistance (SSA) to tradi
tional ACP suppliers of bananas established in
(2) The
Union,
as
a
member
of
the
World
Trade
Organi
accordance with Council Regulation (EC) No 2686/94 ( 3 )
sation (WTO), is committed to mainstreaming trade in
and the Special Framework of Assistance (SFA) for tradi
development strategies and to promoting international
tional ACP suppliers of bananas established in
trade in order to advance development and reduce —
accordance with Council Regulation (EC) No
and, in the long term, eradicate — poverty worldwide.
856/1999 ( 4 ) and Commission Regulation (EC) No
1609/1999 ( 5 ). The Union acknowledges the importance
of promoting a more equitable distribution of banana
revenues.
(3) The
Union
supports
the
African,
Caribbean
and
Pacific
(ACP) Group of States on their path to poverty reduction
and to sustainable economic and social development, and
(6) The
BAM
programme
should
accompany
the
adaptation
recognises the importance of their commodity sectors.
process in ACP countries which have exported significant
volumes of bananas to the Union in recent years and
which may be affected by liberalisation in the
framework of the Geneva Agreement on Trade in
(4)
The Union is committed to supporting the smooth and
gradual integration of developing countries into the
Bananas ( 6 ) and by the bilateral and regional agreements
world economy with a view to sustainable development.
concluded, or in the process of being concluded, between
The main ACP banana-exporting countries may face chal
the Union and Latin American countries. The BAM
programme builds on the SFA for traditional ACP
suppliers of bananas. It is in conformity with the
( 1 ) Position of the European Parliament of 21 October 2010 (not yet
Union’s international obligations in the framework of the
published in the Official Journal) and position of the Council at first
reading of 10 December 2010 (OJ C 7 E, 12.1.2011, p. 17).
Position of the European Parliament of 3 February 2011 (not yet
( 2 ) OJ L 378, 27.12.2006, p. 41.
published in the Official Journal). Legislative resolution of the
( 3 ) OJ L 286, 5.11.1994, p. 1.
European Parliament of 1 December 2011 (not yet published in
( 4 ) OJ L 108, 27.4.1999, p. 2.
the Official Journal) and decision of the Council of 28 November
( 5 ) OJ L 190, 23.7.1999, p. 14.
2011.
( 6 ) OJ L 141, 9.6.2010, p. 3.

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30.12.2011 Official
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European
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WTO, focuses on restructuring and boosting competi
(2) the following Article is inserted:
tiveness, and is consequently temporary in nature, with
a duration of three years (2011 to 2013).
‘Article 17a
(7) The
conclusions
of
the
Commission
Communication
of
Main ACP banana-supplying countries
17 March 2010 entitled ‘Biennial Report on the Special
1. The
ACP
banana-supplying
countries
listed
in
Annex
Framework of Assistance for Traditional ACP Suppliers
IIIa shall benefit from the banana accompanying measures
of Bananas’ indicate that past assistance programmes
programme (BAM programme).
made substantial contributions to achieving improved
capacity for successful economic diversification,
although the full impact cannot be quantified, and that
(a) General objectives:
the sustainability of ACP banana exports remains fragile.
Union assistance shall aim at:
(8) The
Commission
has
carried
out
an
evaluation
of
the
SFA programme and has not carried out an impact
assessment of the banana accompanying measures.
(i) supporting the adjustment process following liberali
sation of the Union market for bananas in the
framework of the WTO;
(9)
The Commission should ensure proper coordination of
this programme with the regional and national indicative
programmes operating in the beneficiary countries, in
(ii) combating poverty by improving the living
particular as regards the achievement of economic, agri
standards and conditions of farmers and persons
cultural, social and environmental objectives.
concerned.
(10) Almost 2 % of the world’s trade in bananas is endorsed
(b) General priorities:
by fair trade producers’ organisations. The minimum fair
trade prices are set on the basis of a calculation of the
‘sustainable production costs’, established following
Union assistance shall take into account the countries'
consultations with stakeholders, with a view to inter
policies and adaptation strategies, as well as their
nalising the costs of meeting decent social and environ
regional environment (in terms of proximity to
mental standards and generating a reasonable profit,
outermost regions of the Union and overseas
enabling producers to safeguard their livelihoods in the
countries and territories) and shall focus on one or
long term.
more of the following areas of cooperation:
(11) To
prevent
the
exploitation
of
local
workers,
actors
in
(i) addressing broader impacts generated by the adap
the production chain in the banana industry should agree
tation process, particularly in local communities
to ensure that the revenue generated by the industry is
and the most vulnerable groups therein, related
allocated fairly.
but not restricted to employment and social
services, land use and environmental restoration;
(12) Regulation
(EC) No 1905/2006 should therefore be
amended accordingly,
(ii) promoting the economic diversification of banana-
dependent areas, where such a strategy is viable;
HAVE ADOPTED THIS REGULATION:
(iii) enhancing the competitiveness of the banana export
sector, where this is sustainable, taking into account
Article 1
the situation of different stakeholders in the chain.
Regulation (EC) No 1905/2006 is hereby amended as follows:
Programmes shall promote compliance with labour and
safety standards, as well as environmental standards,
(1) Article 4 is replaced by the following:
including the use of and exposure to pesticides.
‘Article 4
(c) General expected results:
Implementation of Union assistance
Consistent with the overall purpose and scope, objectives
The results of the assistance shall be in line with the
and general principles of this Regulation, Union assistance
objectives as set out in point (a) of this paragraph. In
shall be implemented through the geographic and thematic
particular, and in cooperation with the beneficiary
programmes set out in Articles 5 to 16 and the
countries, Union assistance shall pursue results to be
programmes set out in Articles 17 and 17a.’;
achieved in social, environmental and economic areas.

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L 347/36
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Official Journal of the European Union
30.12.2011
2. Within
the
amount
referred
to
in
Annex
IV,
the
(b) information on the achievements of past banana
Commission shall fix the maximum indicative amount
support programmes;
available to each eligible ACP banana-supplying country
referred to in paragraph 1 of this Article on the basis of
the following criteria:
(c) indicators to assess progress in relation to disbursement
conditions, when budget support will be chosen as the
(a) level of trade in bananas with the Union, whereby
form of financing;
higher Union imports from the ACP country
concerned will reflect positively on the allocation. This
criterion is based on the size of the banana export
(d) the expected results of the assistance;
sector to the Union in the different countries. The
average of the three highest annual tonnages of
bananas imported by the Union from each eligible bene
(e) a time schedule of support activities and of expected
ficiary country over the last five years preceding 2010
disbursements;
will be taken into account;
(b) importance of banana exports to the Union in the
(f) the ways in which progress will be achieved and
economy, whereby higher levels of importance in the
monitored in meeting internationally agreed ILO core
ACP country concerned will reflect positively on the
labour standards and appropriate occupational safety
allocation. This criterion will be measured by taking
and health conventions as well as relevant inter
the value of Union banana imports from each eligible
nationally agreed core environmental standards.
beneficiary country as a percentage of the country’s
gross national income (GNI) over the last three years
preceding 2010 for which data are available;
In the framework of the multiannual financial framework
for 2007-2013, established by Interinstitutional Agreement
(c) level of development, whereby lower levels of devel
of 17 May 2006 between the European Parliament, the
opment as recorded in the UN’s human development
Council and the Commission in budgetary discipline and
index (HDI) in the ACP country concerned will reflect
sound financial management (*), the BAM programme and
positively on the allocation. This criterion will be
the progress made by the countries concerned shall be the
measured by the average HDI over the period 2005-
subject of an assessment, which shall include recommen
2007, for which the same methodology was used by
dations on any measures to be taken and the nature thereof.
the UN.
___________
(*) OJ C 139, 14.6.2006, p. 1.’;
The measurement of the allocation criteria shall be based on
representative data preceding 2011 and covering a period
not longer than five years. The indicative country allocations
will take account in the same way of the three criteria
(3) Article 21 is replaced by the following:
across all eligible beneficiary countries.
‘Article 21
On the basis of the application of the criteria referred to
Adoption of strategy papers and multiannual indicative
above, the Commission will inform the European
programmes
Parliament and Council about the intended use of the
indicative financial allocation referred to in Annex IV
Strategy papers and multiannual indicative programmes
before the adoption of the multiannual support strategies
referred to in Articles 19 and 20, and any reviews thereof
mentioned in paragraph 3 of this Article. That information
referred to in Article 19(2) and Article 20(1), as well as
will set out, for each eligible ACP banana-supplying country,
accompanying measures referred to in Articles 17 and
the indicative amount available.
17a respectively, shall be adopted by the Commission in
accordance with the procedure referred to in Article 35(2).’;
3. The
Commission
shall
adopt
multiannual
support (4) Article 29(1) is replaced by the following:
strategies by analogy to Article 19, and in accordance
with Article 21. It shall ensure that such strategies
complement the geographic strategy papers of the
‘1. Budget
commitments
shall
be
made
on
the
basis
of
countries concerned, and the temporary nature of the
decisions taken by the Commission in accordance with
banana accompanying measures.
Articles 17a(3), 22(1), 23(1) and 26(1).’;
(5) in Article 31(1), the third subparagraph is replaced by the
The multiannual support strategies for banana accom
following:
panying measures shall include:
‘Participation in the award of procurement or grant
(a) an updated environmental profile paying due attention
contracts financed under a thematic programme as
to the country’s banana sector, inter alia, focusing on
defined in Articles 11 to 16, and the programmes set out
pesticides;
in Articles 17 and 17a, shall be open to all natural persons

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30.12.2011 Official
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who are nationals of, or legal persons who are established
2. The
indicative
amounts
allocated
to
each
programme
in, a developing country, as specified by the OECD/DAC
referred to in Articles 5 to 10, 11 to 16 and 17 to 17a are
and in Annex II, in addition to natural or legal persons
laid down in Annex IV. These amounts are established for
eligible by virtue of the thematic programme or the
the period 2007-2013.’;
programmes set out in Articles 17 and 17a. The
Commission shall publish and update Annex II in
(7) Annex IIIa, as contained in Annex I to this Regulation, is
accordance with regular reviews of the list of aid recipients
inserted;
of the OECD/DAC, and inform the Council thereof.’;
(8) Annex IV is replaced by the contents of Annex II to this
(6) in Article 38, paragraphs 1 and 2 are replaced by the
Regulation.
following:
Article 2
‘1. The
financial
reference
amount
for
the
implemen
tation of this Regulation over the period 2007-2013 is
This Regulation shall enter into force on the day following its
EUR 17 087 million.
publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 13 December 2011.
For the European Parliament
For the Council
The President
The President
J. BUZEK
M. SZPUNAR

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L 347/38
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Official Journal of the European Union
30.12.2011
ANNEX I
‘ANNEX IIIa
MAIN ACP BANANA-SUPPLYING COUNTRIES
1. Belize
2. Cameroon
3. Cte d’Ivoire
4. Dominica
5. Dominican Republic
6. Ghana
7. Jamaica
8. Saint Lucia
9. Saint Vincent and the Grenadines
10. Suriname’

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ANNEX II
‘ANNEX IV
INDICATIVE FINANCIAL ALLOCATIONS FOR THE PERIOD 2007-2013
(EUR million)
Total
17 087
Geographic programmes: 10
057
Latin America
2 690
Asia
5 187
Central Asia
719
Middle East
481
South Africa
980
Thematic programmes: 5
596
Investing in people
1 060
Environment and sustainable management of natural resources 804
Non-State actors and local authorities in development 1
639
Food security
1 709
Migration and asylum
384
ACP Sugar Protocol countries 1
244
Main ACP banana-supplying countries 190’

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L 347/40
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Official Journal of the European Union
30.12.2011
COMMISSION STATEMENT FOR THE BANANA ACCOMPANYING MEASURES (BAM)
PROGRAMME WITHIN THE DEVELOPMENT COOPERATION INSTRUMENT (DCI)
In the specific case of the Banana Accompanying Measures (BAM) and in view of the rationale and the
objectives of the programme as set out in Article 17a of the financing instrument for development
cooperation (DCI), the European Commission confirms that, in determining the indicative country allo
cations, it will apply a methodology in an objective and uniform manner that takes account of the
importance of the banana sector and the economic and developmental realities of each eligible beneficiary
country.
The Commission declares that it intends to apply a methodology which will give approximately equal
weight to the first two criteria, whilst the third criterion will be used as a development coefficient. The
objective of this methodology is to give equivalent importance across all beneficiary countries to their level
of trade in bananas with the European Union and the importance of banana exports to the Union to the
economies of each beneficiary country. The relative level of development will modulate the allocations in
favour of countries with lower development levels, in line with the Union's development objectives as set
out in the Treaties and the DCI.
STATEMENT BY THE EUROPEAN PARLIAMENT AND THE COUNCIL ON THE USE OF
DELEGATED ACTS IN THE FUTURE MULTIANNUAL FINANCIAL FRAMEWORK (MFF)
2014-2020
The European Parliament and the Council take note of the Commission Communication A Budget for Europe
2020 (COM (2011) 500 ( 1 )), in particular in relation to the proposed use of delegated acts in the future
external financing instruments and await legislative proposals, which will be duly considered.
( 1 ) The Commission in its Communication: A budget for Europe 2020 (COM (2011) 500), states that:
"Furthermore, the future legal bases for the different instruments will propose the extensive use of delegated acts to
allow for more flexibility in the management of the policies during the financing period, while respecting the
prerogatives of the two branches of legislator."
and
"It is considered that democratic scrutiny of external aid must be improved. This could be achieved by the use of
delegated acts in accordance with Article 290 of the Treaty for certain aspects of programmes, not only placing the
co-legislators on an equal footing but also ensuring more flexibility in programming. For the EDF, it is proposed to
bring scrutiny into line with the DCI, whilst taking into account the specificities of this instrument".

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