欧洲议会和理事会条例(EU) No 1338/2011,修订关于为与工业化和其他高收入国家和地区的合作建立融资工具的理事会条例(EC) No 1934/2006

技术法规类型:欧盟Eurlex法规 来源:tbtmap

EURLEX ID:32011R1338

OJ编号:OJ L 347, 30.12.2011, p. 21-29

中文标题:欧洲议会和理事会条例(EU) No 1338/2011,修订关于为与工业化和其他高收入国家和地区的合作建立融资工具的理事会条例(EC) No 1934/2006

原文标题:Regulation (EU) No 1338/2011 of the European Parliament and of the Council of 13 December 2011 amending Council Regulation (EC) No 1934/2006 establishing a financing instrument for cooperation with industrialised and other high-income countries and territories

分类:11.30_多边关系

文件类型:二级立法 Regulation|条例

生效日期:2011-12-31

废止日期:2058-12-31

法规全文:查看欧盟官方文件

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30.12.2011 Official
Journal
of
the
European
Union L
347/21
REGULATION (EU) No 1338/2011 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 13 December 2011
amending Council Regulation (EC) No 1934/2006 establishing a financing instrument for
cooperation with industrialised and other high-income countries and territories
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
as economic, commercial, academic, business and
EUROPEAN UNION,
scientific exchanges. It therefore needs a financial
instrument that allows the financing of such measures
which, in principle, do not qualify as ODA under the
ODA criteria but which are crucially important in
Having regard to the Treaty on the Functioning of the European
terms of consolidating relations and which make an
Union, and in particular Articles 207(2) and 209(1) thereof,
important contribution to promoting the progress of
the developing countries concerned.
Having regard to the proposal from the European Commission,
(4) For
that
purpose,
four
preparatory
actions
were
set
out
in
Acting in accordance with the ordinary legislative procedure, in
the 2007 and 2008 budget procedures to initiate such
the light of the joint text approved by the Conciliation
enhanced cooperation in accordance with point (b) of
Committee on 31 October 2011 (
Article 49(6) of Council Regulation (EC, Euratom) No

1 ),
1605/2002 of 25 June 2002 on the Financial Regulation
applicable to the general budget of the European
Communities ( 3 ). Those four preparatory actions are:
Whereas:
business and scientific exchanges with India; business
and scientific exchanges with China; cooperation with
middle-income group countries in Asia; and cooperation
with middle-income group countries in Latin America.
(1) Since
2007
the
Community
has
streamlined
its
Under that Article the legislative procedure further to
geographical cooperation with developing countries in
preparatory actions must be concluded before the end
Asia, Central Asia and Latin America, and with Iraq,
of the third financial year.
Iran, Yemen, and South Africa under Regulation (EC)
No 1905/2006 of the European Parliament and of the
Council of 18 December 2006 establishing a financing
instrument for development cooperation ( 2 ).
(5) The
objectives
and
provisions
of
Council
Regulation
(EC)
No 1934/2006 ( 4 ) are appropriate to pursue such
enhanced cooperation with countries falling under Regu
(2) The
primary
and
overarching
objective
of
Regulation
(EC)
lation (EC) No 1905/2006. For that purpose, it is
No 1905/2006 is the eradication of poverty through the
necessary to extend the geographical scope of Regulation
pursuit of the Millennium Development Goals. The scope
(EC) No 1934/2006 and to provide for a financial
of cooperation for the geographic programmes with
envelope to cover cooperation with those developing
developing countries, territories and regions established
countries.
under that Regulation is furthermore limited materially to
financing measures designed to fulfil the criteria for
Official Development Assistance (‘ODA criteria’) estab
lished by the Development Assistance Committee of
the Organisation for Economic Cooperation and Devel
(6) Extending
the
geographical
scope
of
Regulation
(EC)
No
opment (‘OECD/DAC’).
1934/2006 brings the developing countries concerned
within the scope of two different external action
financial instruments. Care should be taken to ensure
that those two financial instruments are kept strictly
(3) It is in the Union’s interests to further deepen its
separate from each other. Measures which fulfil the
relations with the developing countries concerned,
ODA criteria will be financed under Regulation (EC)
which are important bilateral partners and players in
No 1905/2006, whereas Regulation (EC) No
multilateral forums and in global governance. The
1934/2006 will apply exclusively to measures which,
Union has a strategic interest in promoting diversified
in principle, do not fulfil those criteria. It is also
links with those countries, in particular in areas such
necessary to ensure that the countries previously falling
within the scope of Regulation (EC) No 1934/2006 —
( 1 ) Position of the European Parliament of 21 October 2010 (not yet
industrialised and other high-income countries and terri
published in the Official Journal) and position of the Council at first
tories — are not placed at a disadvantage, particularly in
reading of 10 December 2010 (OJ C 7 E, 12.1.2011, p. 1). Position
financial terms, by the extension of that Regulation’s
of the European Parliament of 3 February 2011 (not yet published
geographical scope.
in the Official Journal). Legislative resolution of the European
Parliament of 1 December 2011 (not yet published in the Official
Journal) and decision of the Council of 28 November 2011.
( 3 ) OJ L 248, 16.9.2002, p. 1.
( 2 ) OJ L 378, 27.12.2006, p. 41.
( 4 ) OJ L 405, 30.12.2006, p. 41.

L 347/22
EN
Official Journal of the European Union
30.12.2011
(7) Since the economic crisis has placed budgets under
Union financing under this Regulation shall support
extreme strain throughout the Union and the proposed
economic, financial, technical, cultural and academic coop
extension embraces countries which sometimes demon
eration with partner countries in the areas set out in
strate a similar level of competitiveness to that of the
Article 4, falling within its spheres of competence. This
Union and have attained an average standard of living
Regulation shall serve to finance measures which, in
which approaches that of some Member States, Union
principle, do not fulfil the criteria for Official Development
cooperation should take into consideration efforts made
Assistance (“ODA criteria”) established by the Development
by the recipient countries to comply with the inter
Assistance Committee of the Organisation for Economic
national agreements of the International Labour Organi
Cooperation and Development (“OECD/DAC”).
sation and to participate in the general objectives of
greenhouse gas emissions reduction.
2. The
primary
objective
of
cooperation
with
partner
(8)
The review of the implementation of the external action
countries shall be to provide a specific response to the
financial instruments has identified inconsistencies in the
need to strengthen links and to engage further with
provisions that exclude costs relating to taxes, duties or
them on a bilateral, regional or multilateral basis in
other charges as ineligible. For the sake of consistency, it
order to create a more favourable and transparent
is proposed to bring those provisions into line with the
environment for the development of relations between
other instruments.
the Union and partner countries in accordance with the
principles guiding the Union’s external action as laid down
in the Treaties. This refers amongst others to the
(9) Regulation
(EC)
No
1934/2006
should
therefore
be
promotion of democracy, respect for human rights and
amended accordingly,
fundamental freedoms, the rule of law, as well as the
promotion of decent work and good governance, and
the preservation of the environment, in order to contribute
to progress and sustainable development processes in
HAVE ADOPTED THIS REGULATION:
partner countries.
Article 1
Amendments to Regulation (EC) No 1934/2006
Article 2
Regulation (EC) No 1934/2006 is hereby amended as follows:
Scope
1. Cooperation
shall
be
aimed
at
engaging
with
partner
countries in order to enhance dialogue and rapprochement
(1) the title of the Regulation is replaced by the following:
and to share and promote similar political, economic and
institutional structures and values. The Union shall also
aim at increasing cooperation and exchanges with estab
‘Council Regulation (EC) No 1934/2006 of
lished or increasingly important bilateral partners and
21 December 2006 establishing a financing instrument
players in multilateral forums and in global governance.
for cooperation with industrialised and other high-
The cooperation also covers partners with which the
income countries and territories, and with developing
Union has a strategic interest in promoting links and its
countries falling under Regulation (EC) No 1905/2006
values as laid down in the Treaties.
of the European Parliament and of the Council, for
activities other than official development assistance’;
2. In
duly
justified
circumstances
and
in
order
to
ensure
(2) Articles 1 to 4 are replaced by the following:
the coherence and effectiveness of Union financing and to
foster regional cooperation, the Commission may decide
when adopting annual action programmes referred to in
Article 6 that countries not listed in the Annexes are
‘Article 1
eligible for measures financed under this Regulation,
Objective
where the project or programme to be implemented is
of a regional or cross-border nature. Provisions shall be
1. For
the
purpose
of
this
Regulation,
“industrialised
made for this in the multiannual cooperation programmes
and other high-income countries and territories” shall
referred to in Article 5.
comprise countries and territories listed in Annex I to
this Regulation and “developing countries” shall comprise
countries falling under Regulation (EC) No 1905/2006 of
the European Parliament and of the Council of
18 December 2006 establishing a financing instrument
3. The
Commission
shall
amend
the
lists
in
Annexes
I
for development cooperation (*) and listed in Annex II
and II following the regular OECD/DAC reviews of its list
to this Regulation. They are together hereinafter referred
of developing countries, and shall inform the European
to as “partner countries”.
Parliament and the Council thereof.

EN
30.12.2011 Official
Journal
of
the
European
Union L
347/23
4. For
Union
financing
under
this
Regulation,
particular
Article 4
attention shall be paid where appropriate to the
compliance of partner countries with the core labour
Areas of cooperation
standards of the International Labour Organisation (ILO)
Union financing shall support cooperation actions in
and to their efforts to pursue reductions of greenhouse gas
accordance with Article 1 and shall be consistent with
emissions.
the overall purpose, scope, objectives and general prin
ciples of this Regulation. Union financing shall cover
actions that, in principle, do not fulfil the ODA criteria,
and which may include a regional dimension, in the
5. In relation to countries listed in Annex II to this
following areas of cooperation:
Regulation, policy coherence with measures financed
under Regulation (EC) No 1905/2006 and Regulation
(EC) No 1337/2008 of the European Parliament and of
(1) the promotion of cooperation, partnerships and joint
the Council of 16 December 2008 establishing a facility
undertakings between economic, social, cultural,
for rapid response to soaring food prices in developing
academic and scientific actors in the Union and
countries (**) shall be strictly observed.
partner countries;
Article 3
(2) the stimulation of bilateral trade, investment flows and
economic partnerships, including a focus on small and
General principles
medium-sized enterprises;
1. The Union is founded on the principles of liberty,
democracy, respect for human rights and fundamental
freedoms and the rule of law and seeks to promote,
(3) the promotion of dialogue between political,
develop and consolidate commitment to those principles
economic, social and cultural actors and other non-
in partner countries through dialogue and cooperation.
governmental organisations in relevant sectors in the
Union and partner countries;
2. In
the
implementation
of
this
Regulation
a
differ
(4) the promotion of people-to-people links, education
entiated approach in designing cooperation with partner
and training programmes and intellectual exchanges
countries shall be pursued, where appropriate, to take
and the enhancement of mutual understanding
account of their economic, social and political contexts
between cultures, particularly at the family level,
as well as of the Union’s specific interests, strategies and
including measures to ensure and increase Union
priorities.
participation in Erasmus Mundus and participation in
European education fairs;
3. Measures
financed
under
this
Regulation
shall
be
(5) the promotion of cooperative projects in areas such as
consistent with and cover areas of cooperation set out
research, science and technology, sports and culture,
notably in the instruments, agreements, declarations and
energy (in particular renewable energy), transport,
action plans between the Union and partner countries, as
environmental matters (including climate change),
well as areas pertaining to the Union’s specific interests
customs, financial, legal and human rights issues, and
and priorities.
any other matter of mutual interest between the Union
and partner countries;
4. For
measures
financed
under
this
Regulation,
the
(6) the enhancement of awareness about and under
Union shall aim to ensure coherence with other areas of
standing of the Union and of its visibility in partner
its external action as well as with other relevant Union
countries;
policies, in particular development cooperation. This shall
be ensured by formulating policy, strategic planning and
the programming and implementation of measures.
(7) support for specific initiatives, including research work,
studies, pilot schemes or joint projects destined to
respond in an effective and flexible manner to coop
eration objectives arising from developments in the
5. Measures
financed under this Regulation shall
Union’s bilateral relationships with partner countries
complement and bring added value to the efforts
or aiming to provide impetus to the further
undertaken by Member States and Union public bodies
deepening and broadening of bilateral relationships
in the area of commercial relations and cultural,
with them.
academic and scientific exchanges.
___________
6. The
Commission
shall
inform
and
have
regular
(*) OJ L 378, 27.12.2006, p. 41.
exchanges of views with the European Parliament.
(**) OJ L 354, 31.12.2008, p. 62.’;

L 347/24
EN
Official Journal of the European Union
30.12.2011
(3) in Article 5, paragraph 2 is replaced by the following:
— to facilitate market access for Union companies,
notably through programmes supporting them
(including relevant regulatory support in relation
‘2. Multiannual cooperation programmes shall cover no
to trade barriers), drawing on experience from
more than the period of validity of this Regulation. They
long-standing business cooperation programmes.
shall set out the Union’s specific interests and priorities,
the general objectives and the expected results. In
particular with regard to Erasmus Mundus, programmes
shall aim for the most balanced geographical coverage
Those programmes should, whenever applicable, be
possible. They shall also set out the areas selected for
complementary to existing support measures. Those
financing by the Union and outline the indicative
programmes should deliver concrete opportunities
financial allocation of funds, overall, per priority area
for improved business and scientific cooperation,
and per partner country or group of partner countries
increased turnover and investments in target areas
for the period concerned. Where appropriate, this may
and greater trade flows with partner countries listed
be given in the form of a range. Multiannual cooperation
in Annex II.
programmes shall be reviewed at mid-term, or ad hoc if
necessary.’;
Those efforts shall be consistent with, and comple
(4) the following Article is added:
mentary to, the Commission’s broader strategy to
develop Union competitiveness in global markets,
and other Union policies towards specific regions
‘Article 5a
and countries.
The Union’s strategic interests, general objectives,
priority areas for financing and expected results for
cooperation with partner countries listed in Annex II
Resources shall be focused on countries where inter
The multiannual cooperation programmes referred to in
ventions can increase the participation of Union
Article 5 with partner countries listed in Annex II shall be
companies. Small and medium-sized Union enter
based on the following general objectives, priority areas for
prises, seeking access to the Asian, Latin American,
financing and expected results:
Middle Eastern and South African markets shall be
an important focus. Where appropriate, resources
shall be focused on countries complying with the
(1) Public diplomacy and outreach, having as objectives:
core labour standards of the ILO and which contribute
to the global efforts to pursue reductions of
greenhouse gas emissions.
— to promote widespread understanding and visibility
of the Union,
(3) People-to-people links, having as objectives:
— to promote the Union’s views on important policy
issues and the Union’s values of democracy, respect
for human rights and fundamental freedoms,
— to support high quality partnerships between
higher education institutions in the Union and in
— to encourage reflection and discussion on the
third-countries as a basis for structured coop
Union and its policies, and on Union relations
eration, exchange and mobility, at all levels of
with partner countries listed in Annex II,
higher education (Action 2 — Strand 2: Part
nerships with countries and territories covered by
the Industrialised Countries Instrument), under
— to develop new approaches that give momentum
Erasmus Mundus II. Action 2,
to positive, result-oriented relations with countries
which have little or no knowledge of the Union.
— to supplement Erasmus Mundus Action 2 schol
Activities in support of those objectives should lead to
arships, funded from the Development Coop
a better perception and enhanced mutual under
eration Instrument (Action 2 — Strand 1: Part
standing of the Union and of partner countries listed
nerships with countries covered by the European
in Annex II, with a consequent beneficial effect on the
Neighbourhood and Partnership Instrument, the
economic and political relationships of the Union with
Development Cooperation Instrument, the
its partners.
European Development Fund and the Instrument
for Pre-Accession Assistance (former External
Cooperation Window)), by supporting the
(2) Economic partnership and business cooperation,
mobility of Union students and professors to
having as objective:
third countries,

EN
30.12.2011 Official
Journal
of
the
European
Union L
347/25
— to promote together with civil society in its widest
ammunition, nor operations having military or
sense a better understanding of the Union as such,
defence implications.
its positions on global issues and of economic,
social and political integration processes, thus
complementing the Union’s formal relationships
___________
with governments,
(*) OJ L 163, 2.7.1996, p. 1.
(**) OJ L 327, 24.11.2006, p. 1.’;
— to promote cooperation, partnerships and joint
undertakings between economic, social, cultural,
academic and scientific actors in the Union and
(7) in Article 8, paragraph 3 is replaced by the following:
partner countries.
‘3. Union
financing
shall,
in
principle,
not
be
used
for
Those activities should help produce mutual benefits from
paying taxes, duties or charges in the partner countries.’;
education, culture and civil society cooperation. This shall
be done through improvements in the quality of education
offered and from confronting the mutual challenges of
(8) Article 9 is amended as follows:
developing knowledge-based societies. The activities
undertaken should add value to the cross-fertilisation of
(a) paragraph 1 is replaced by the following:
ideas, knowledge, research and technology results through
academic and professional exchanges, particularly with
partner countries that have higher education systems
‘1. Union financing may cover expenditure
comparable to those of the Union.’;
associated with the preparation, follow up, monitoring,
audit and evaluation activities directly necessary for the
implementation of this Regulation and the
(5) in Article 6, paragraph 1 is replaced by the following:
achievement of its objectives, and any other adminis
trative or technical assistance expenditure that the
‘1. The Commission shall adopt annual action
Commission, including its Delegations in partner
programmes based on the multiannual cooperation
countries, may incur for the management of
programmes referred to in Article 5 and shall transmit
operations financed under this Regulation.’;
them simultaneously to the European Parliament and to
the Council.’;
(b) paragraph 3 is replaced by the following:
(6) Article 7 is amended as follows:
‘3. The
Commission
shall
adopt
support
measures
not covered by the multiannual cooperation
(a) the first paragraph becomes paragraph 1;
programmes and shall transmit them simultaneously
to the European Parliament and to the Council.’;
(b) points (e) and (f) of paragraph 1 are replaced by the
following:
(9) Article 12 is amended as follows:
‘(e) joint bodies set up by partner countries and
(a) the title is replaced by the following:
regions and the Union;
‘Protecting the Union’s financial interests’;
(f) Union institutions and bodies, in so far as they
(b) paragraphs 1 and 2 are replaced by the following:
implement support measures specified in
Article 9;’;
‘1. Any
agreements
resulting
from
this
Regulation
shall contain provisions ensuring the protection of the
(c) the following paragraphs are added:
Union’s financial interests, in particular with respect to
irregularities, fraud, corruption and any other illegal
‘2. Measures
covered
by
Council
Regulation
(EC)
No
activity, in accordance with Council Regulations (EC,
1257/96 of 20 June 1996 concerning humanitarian
Euratom) No 2988/95 of 18 December 1995 on the
aid (*), Regulation (EC) No 1717/2006 of the
protection of the European Communities financial
European Parliament and of the Council of
interests (*) and (Euratom, EC) No 2185/96 of
15 November 2006 establishing an Instrument for
11 November 1996 concerning on the spot checks
Stability (**) or Regulation (EC) No 1905/2006, and
and inspections carried out by the Commission in
eligible for funding thereunder shall not be funded
order to protect the European Communities’ financial
under this Regulation.
interests against fraud and other irregularities (**) and
Regulation (EC) No 1073/1999 of the European
Parliament and of the Council of 25 May 1999
3. Union
financing
under
this
Regulation
shall
not
concerning investigations conducted by the European
be used to finance the procurement of arms or
Anti-Fraud Office (OLAF) (***).

L 347/26
EN
Official Journal of the European Union
30.12.2011
2. Agreements shall expressly entitle the
Article 14
Commission and the Court of Auditors to perform
audits, including document audits or on-the-spot
Annual report
audits of any contractor or subcontractor who has
The Commission shall examine the progress made on
received Union funds. They shall also expressly
implementing the measures taken under this Regulation
authorise the Commission to carry out on-the-spot
and shall submit to the European Parliament and the
checks and inspections in accordance with Regulation
Council a detailed annual report on the implementation
(Euratom, EC) No 2185/96.
of this Regulation. The report shall set out the results of
the implementation of the budget and present all the
actions and programmes financed, and as far as possible,
___________
set out the main outcomes and impacts of the cooperation
(*) OJ L 312, 23.12.1995, p. 1.
actions and programmes.’;
(**) OJ L 292, 15.11.1996, p. 2.
(***) OJ L 136, 31.5.1999, p. 1.’;
(11) Article 16 is replaced by the following:
‘Article 16
(10) Articles 13 and 14 are replaced by the following:
Financial provisions
‘Article 13
The financial reference amount for the implementation of
this Regulation for the period from 2007 to 2013 shall be
Evaluation
EUR 172 million for countries listed in Annex I and EUR
1. The
Commission
shall
regularly
evaluate
the
actions
176 million for countries listed in Annex II. The annual
and programmes financed under this Regulation, where
appropriations shall be authorised by the budgetary
appropriate or at the request of the European Parliament
authority within the limits of the financial framework.’;
or the Council, by means of independent external
evaluation reports, in order to ascertain whether the
(12) in the Annex, the title is replaced by the following:
objectives have been met and to enable it to formulate
recommendations with a view to improving future
operations. The results shall feed back into programme
‘ANNEX I
design and resource allocation.
List of industrialised and other high-income countries
and territories covered by this Regulation’;
2. The
Commission
shall
send
the
evaluation
reports (13) new Annexes II and III, the text of which is set out in the
referred to in paragraph 1 to the European Parliament
Annex to this Regulation, are added.
and to the Council for information.
Article 2
3. The
Commission
shall
associate
relevant
stake
Entry into force
holders, including non-State actors, in the evaluation
phase of the Union cooperation provided for under this
This Regulation shall enter into force on the day following its
Regulation.
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

EN
30.12.2011 Official
Journal
of
the
European
Union L
347/27
ANNEX
‘ANNEX II
List of developing countries covered by this Regulation
Latin America
1. Argentina
2. Bolivia
3. Brazil
4. Chile
5. Colombia
6. Costa Rica
7. Cuba
8. Ecuador
9. El Salvador
10. Guatemala
11. Honduras
12. Mexico
13. Nicaragua
14. Panama
15. Paraguay
16. Peru
17. Uruguay
18. Venezuela
Asia
19. Afghanistan
20. Bangladesh
21. Bhutan
22. Burma/Myanmar
23. Cambodia
24. China
25. India
26. Indonesia
27. Democratic People’s Republic of Korea
28. Laos
29. Malaysia
30. Maldives
31. Mongolia
32. Nepal

L 347/28
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Official Journal of the European Union
30.12.2011
33. Pakistan
34. Philippines
35. Sri Lanka
36. Thailand
37. Vietnam
Central Asia
38. Kazakhstan
39. Kyrgyz Republic
40. Tajikistan
41. Turkmenistan
42. Uzbekistan
Middle East
43. Iran
44. Iraq
45. Yemen
South Africa
46. South Africa
ANNEX III
Financial allocation of funds for cooperation with countries listed in Annex II
The distribution of funds by priority areas for cooperation with the partner countries listed in Annex II shall be the
following for the period 2011-2013:
Priority area
Public diplomacy and outreach At
least
5
%
Promotion of economic partnership and business cooperation At
least
50
%
People-to-people links At
least
20
%
Unallocated reserve and administrative costs Maximum
10
%’

EN
30.12.2011 Official
Journal
of
the
European
Union L
347/29
COMMISSION STATEMENT CONCERNING ARTICLE 16
The Regulation addresses the issue of support for a number of specific non-Official Development Assistance
(ODA) activities in countries covered by the Development Cooperation Instrument (DCI Regulation No
1905/2006). The Regulation is intended to be a one-off solution to this issue.
The Commission reaffirms that the eradication of poverty, including the pursuit of the Millennium Devel
opment Goals, is the primary objective of its development cooperation and remains a priority.
It recalls that the financial reference amount fixed in Article 16 for countries listed in Annex II will be
implemented using dedicated budget lines which are intended for activities other than Official Development
Assistance.
Furthermore, the Commission confirms its intention to respect the financial reference amount fixed in
Article 38 of the Development Cooperation Instrument (Regulation No 1905/2006) for the period 2007-
2013 as well as the provisions in the same Regulation regarding the fulfilment of the criteria for ODA. It
recalls that on the basis of its current financial planning, this reference amount will be exceeded in 2013.
In this context, the Commission intends to propose draft budgets which ensure a progression in devel
opment assistance for Asia and Latin America under the DCI Regulation No 1905/2006 over the period
until 2013 so that the currently projected ODA amounts under the DCI and the EU budget generally are
not affected.
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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