[ARTICLE 188J]

EXTERNAL ACTION:

EU DEFINES POWERS TO CONCLUDE AID AGREEMENTS,<= /p>

CREATE A HUMANITARIAN AID CORPS ORGANISATION

AND ENHANCE POWERS OF INITIATIVE FOR THE COMMISSION

[ARTICLE 188J]

AMENDMENT TO: Treaty of Lisbon amending the Treaty on European Union and t= he Treaty establishing the European Community (Lisbon, 13 December 2007)

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Policy Area:

Treaty= on the Functioning of the European Union, Part Five, External Action by the Un= ion, Title III Cooperation with third countries and humanitarian aid, Chapter 3 Humanitarian aid, Article 188J

Amendment:

Clause 2, page 1, line 12, after ‘excluding’, insert—

‘(i) Article 2, paragr= aphs 154 to 168, new Part Five TEC (TFEU) relating to external action by the European Union; and

(ii)’.

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Lisb= on Treaty Article:

“HUMANITARIAN AID

168) The following new Chapte= r 3 and new Article 188 J shall be inserted:

"CHAPTER 3 HUMANITARIAN AID

ARTICLE 188 J

1. The Union's operations in the field of humanitarian a= id shall be conducted within the framework of the principles and objectives of= the external action of the Union. Such opera= tions shall be intended to provide ad hoc assistance and relief and protection for people in third countries who are victims of natural or man-made disasters,= in order to meet the humanitarian needs resulting from these different situati= ons. The Union's measures and those of the Me= mber States shall complement and reinforce each other.

2. Humanitarian aid operations shall be conducted in compliance with the principles of international law and with the principles= of impartiality, neutrality and non-discrimination.

3. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish the measures defining the framework within which the Uni= on's humanitarian aid operations shall be implemented.

4. The Union may conclude with third countries and compe= tent international organizations any agreement helping to achieve the objectives referred to in paragraph 1 and in Article 10 A of the Treaty on European Union.

The first subparagraph shall be without prejudice to Mem= ber States' competence to negotiate in international bodies and to conclude agreements.

5. In order to establish a framework for joint contribut= ions from young Europeans to the

humanitarian aid operations of the Union, a European Voluntary Humanitarian Aid Corps<= o:p>

shall be set up. The European Parli= ament and the Council, acting by means of regulations in accordance with the ordi= nary legislative procedure, shall determine the rules and procedures for the ope= ration of the Corps.

6. The Commission may take any useful initiative to prom= ote coordination between actions of the Union and those of the Member States, in order to enhance the efficiency and complementarity of Union and national humanitarian aid measures.

7. The Union shall en= sure that its humanitarian aid operations are coordinated and consistent with th= ose of international organisations and bodies, in particular those forming part of the United Nations system."

Consolidated Treaty Article(s):

n/a

Expl= anation:

The European Commission’s Humanitarian Aid Office (ECHO) was established in 1992. Its aim is to provi= de emergency assistance and relief to victims of natural or man made disasters= or conflicts outside the EU. The aid is distributed by EC= HO’s partners which are NGOs and humanitarian agencies of the UN. Humanitarian a= id is considered to be an important dimension of the EU&#= 8217;s external action. The European Commission DG ECHO is funded by the general EC budget and by the E= uropean Development Fund.

The Treaty of Lisbon introduces a specific legal basis for humanitarian aid. Presently, humanitarian aid rules are adopted as part of development policy. This is again part of the strengthening of the EU’s external action, under which all development policy must fall.

The new provision provides that humanitarian aid operations will be conducted in observance of international law principles and with the principles governing humanitarian actions: impartiality, neutrality and non-discrimination. However, the Lisbon Treaty= has not mentioned the principle of independence. Therefore, there are concerns among different NGOs that the humanitarian response will be subject to political objectives.

Article 188J (3) provides for measures defining the framework within which the Union’s humanitarian aid operations are implemented to be adopted by “the European Parliament and the Council, “acting in accordance with the ordinary legislative procedure” (co-decision procedure). The Council = will act by QMV.

The new provisions also provide that = the Union may conclude agreements with third countries and international organisations in order to achieve the objectives ment= ioned in Article 10A (1) TEU which are “democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law.” It will, thus, be able to conclude agreements with third countr= ies in which the extensive body of European human rights will also be implemented.=

A European Voluntary Humanitarian Aid Corps will be established under Article= 188 J (5) to provide “a framework for joint contributions from young Europeans to the humanitarian aid operations of the = Union.” The rules and procedures for the operations of the European Voluntary Humanitarian Aid Corps will be determined by the Council acting by a QMV together with the European Parliament through the ordinary legislative procedure (co-decision procedure). The EU should not set up such “European Voluntary Humanitarian Aid Corps” as the humanitarian response should be left to trained professionals within the Member States. =

There is no need for yet another EU agency, particularly not one for humanitarian aid, since such aid is already provided by well-established non-governmental organisations like the Red Cross, Médecins sans Frontières, Oxfam and others, not to mention the United Nations High Commission for Refugees and others.<= span style=3D'font-size:11.0pt;font-family:Arial;color:black'>=

The new provision also provides that = the Commission may take the “initiative to promote coordination between actions of the Union and those of the Member States, in order to enhance the efficiency and complementarity of Union and national humanitarian aid measures.” Hence, the Commission will further interfere on Member States’ humanitarian aid measures. Article 188J (7) provides that “The Union shall ensure that its humanitarian = aid operations are coordinated and consistent with those of international organisations and bodies, in particular those forming= part of the United Nations system." The EU is simply duplicating the work of the UN.