COMMISSION DECISION C/2006/2202 of 09/06/2006. on a preparatory action programme continuing de-mining activities in Cyprus in 2006

Similar documents
to peace and reconciliation

FSC.EMI/167/18 31 May ENGLISH only

Official Journal of the European Union. (Legislative acts) REGULATIONS

RELEVANCE OF INTERNATIONAL LAW AND STANDARDS TO THE PILLARS OF MINE ACTION

THE CONVENTION ON THE PROHIBITION 9 October 2008 OF THE USE, STOCKPILING, PRODUCTION AND TRANSFER OF ANTI-PERSONNEL

COUNCIL OF THE EUROPEAN UNION. Brussels, 26 March 2003 (OR. en) 7384/03 DRS 27 OC 95

Mission of Montenegro to the European Union

EUROPEAN UNION. Brussels, 6 March 2014 (OR. en) 2012/0245 (COD) PE-CONS 137/13 COHAFA 146 DEVGEN 350 ACP 219 PROCIV 155 RELEX 1189 FIN 961 CODEC 3015

AGREEMENT. between. the European Union. and. the Republic of Serbia

APLC/MSP.13/2013/WP.10

COMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

EUROPEAN COMMISSION Directorate-General for Education and Culture

* * APLC/CONF/2014/WP.4

L 328/8 Official Journal of the European Union

TURKEY COUNTRY ARTICLE 5 DEADLINE: 1 MARCH 2022 (NOT ON TRACK TO MEET DEADLINE) MINE ACTION PROGRAMME PERFORMANCE For 2016 For 2015

TURKEY ARTICLE 5 DEADLINE: 1 MARCH 2022 (NOT ON TRACK TO MEET DEADLINE) PROGRAMME PERFORMANCE For 2015 For 2014

L 352/12 Official Journal of the European Union

CONVENTION ON THE PROHIBITION OF THE USE, STOCKPILING, PRODUCTION AND TRANSFER OF ANTI-PERSONNEL MINES AND ON THEIR DESTRUCTION

Council of the European Union Brussels, 20 November 2017 (OR. en)

EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR HUMANITARIAN AID - ECHO FRAMEWORK PARTNERSHIP AGREEMENT WITH HUMANITARIAN ORGANISATIONS

Having regard to the Treaty establishing the European Community, and in particular Article 235 thereof,

PERFORMANCE SCORE: AVERAGE

EN Official Journal of the European Union L 161/ 128. COUNCIL REGULATION (EC) No 866/2004 of

COMMISSION DELEGATED REGULATION (EU) /... of

Proposal for a COUNCIL DECISION

Appendix II. Protocol on Explosive Remnants of War

ANNEX ANNEX. to the COMMISSION IMPLEMENTING DECISION

Council of the European Union Brussels, 24 October 2017 (OR. en)

FRAMEWORK PARTNERSHIP AGREEMENT WITH INTERNATIONAL ORGANISATIONS

Recognizing that a total ban of anti-personnel mines would also be an important confidence-building measure,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 172 thereof,

COMMISSION DELEGATED REGULATION (EU)

Convention on Certain Conventional Weapons (CCW)

DGE 1 EUROPEAN UNION. Brussels, 8 May 2017 (OR. en) 2016/0259 (COD) PE-CONS 10/1/17 REV 1 CULT 20 EDUC 89 RECH 79 RELEX 167 CODEC 259

NAME OF HIGH CONTRACTING PARTY New Zealand DATE OF SUBMISSION 7 September 2007 NATIONAL POINT OF CONTACT

THE ALBANIA MINE ACTION PROGRAMME ALBANIA FREE FROM THE EFFECT OF MINES AND UXO BY 2005

REPUBLIC OF SERBIA CASE PRESENTATION ON ERW

COVER PAGE 1 OF THE ANNUAL ARTICLE 7 REPORT. REPORTING PERIOD: 01/01/2014 to 31/12/2014 (dd/mm/yyyy) (dd/mm/yyyy)

COMMISSION OF THE EUROPEAN COMMUNITIES COMMISSION DECISION

Law on Humanitarian Demining

INFORMATION TO BE GIVEN 2

Mono-Beneficiary Model Grant Agreement

CONVENTION ON THE PROHIBITION OF THE USE, STOCKPILING, PRODUCTION AND TRANSFER OF ANTI-PERSONNEL MINES AND ON THEIR DESTRUCTION

THAILAND PROGRAMME PERFORMANCE ARTICLE 5 DEADLINE: 31 OCTOBER 2023 (UNCLEAR WHETHER ON TRACK TO MEET DEADLINE)

Submitted by the Committee on the Implementation of Article 5 (Costa Rica, Ecuador, Ireland and Zambia)

H2020 Model Grant Agreement for SME Instrument Phase 1 Multi (H2020 MGA SME Ph1 Multi)

SUMMARY COVER PAGE OF THE ANNUAL REPORT OF CCW PROTOCOL V 1. New Zealand. REPORTING PERIOD: 01/01/2013 To 31/12/2013 (dd/mm/yyyy) (dd/mm/yyyy)

EUROPEAN COMMISSION. Cabinet of Commissioner Tibor Navracsics Head of Cabinet

COVER PAGE 1 OF THE ANNUAL ARTICLE 7 REPORT NAME OF STATE [PARTY]: ESTONIA. REPORTING PERIOD: to

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

EUROPEAN UNION. Brussels, 17 September /0278 (COD) PE-CONS 3645/08 SOC 376 CODEC 870

Annual Report of Canada in Accordance with Article 13, paragraph 4

Proposal for a COUNCIL REGULATION

COMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a COUNCIL REGULATION

Humanitarian Aid Decision Title: Humanitarian aid in favour of the population affected by civil conflict in Mindanao Island, Philippines.

Financial Regulation and Financial Implementing Rules Synoptic Version European Insurance and Occupational Pensions Authority (EIOPA) September 2014

Official Journal of the European Union. (Acts whose publication is obligatory)

PROGRAMME PERFORMANCE

EUROPEAN COMMISSION. Brussels C(2010) XXX final COMMISSION DECISION

Humanitarian Aid Decision F9 (FED9) Humanitarian aid to vulnerable populations in Angola who are food insecure due to heavy rainfall

COMMISSION DECISION. on the financing of humanitarian actions in Nepal from the general budget of the European Union (ECHO/-FA/BUD/2010/01000)

GRANT AGREEMENT for an ACTION

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

REPUBLIC OF THE SUDAN

Submitted by the Committee on Article 5 Implementation (Ecuador, Ireland, Poland and Zambia)

DEMOCRATIC REPUBLIC OF CONGO

GENERAL CONDITIONS OF THE CONTRACT

COUNCIL OF THE EUROPEAN UNION. Brussels, 30 April 2013 (OR. en) 8214/13 Interinstitutional File: 2013/0003 (NLE) UD 77 ELARG 60 COWEB 46 OC 217

PROGRAMME PERFORMANCE 2015

EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR HEALTH AND FOOD SAFETY DIRECTORATE-GENERAL FOR AGRICULTURE AND RURAL DEVELOPMENT

Decision of the Management Board 14/2016/MB

KINGDOM OF CAMBODIA PRESENTATION TO THE CCW PROTOCOL V ON CLEARANCE, REMOVAL OR DESTRUCTION ON MINE/ERW GENEVA, APRIL 2009

12056/17 PhL/at 1 DG G 3 B

EVALUATION OF EC-FUNDED MINE ACTION PROGRAMMES IN SOUTH EAST EUROPE

CROATIA ARTICLE 5 DEADLINE: 1 MARCH 2019 (NOT ON TRACK TO MEET DEADLINE) PROGRAMME PERFORMANCE For 2015 For 2014

COUNCIL OF THE EUROPEAN UNION. Brussels, 13 November 2003 (Or. fr) 14766/03 Interinstitutional File: 2003/0273 (CNS) FRONT 158 COMIX 690

KOBANI A city of rubble and unexploded devices

Official Journal of the European Union L 334/25

GENERAL CONDITIONS APPLICABLE TO EUROPEAN UNION GRANT AGREEMENTS WITH HUMANITARIAN ORGANISATIONS FOR HUMANITARIAN AID ACTIONS

DECISIONS ADOPTED JOINTLY BY THE EUROPEAN PARLIAMENT AND THE COUNCIL

FRAMEWORK PARTNERSHIP AGREEMENT WITH INTERNATIONAL ORGANISATIONS

Proposal for a COUNCIL DECISION

ANNEX IV Procurement by grant Beneficiaries in the context of European Community external actions

ANNEX. to the. Commission Implementing Decision

CONVENTION ON THE PROHIBITION OF THE USE, STOCKPILING, PRODUCTION AND TRANSFER OF ANTI-PERSONNEL MINES AND ON THEIR DESTRUCTION

REPORTING FORMS NAME OF THE HIGH CONTRACTING PARTY: NEW ZEALAND

Convention on the prohibition of the use, stockpiling, production and transfer of Anti-personnel mines and on their destruction

Draft Protocol on cluster munitions. 26 August 2011, 3:00 p.m. Submitted by the Chairperson

Management Board decision

CARTAGENA ACTION PLAN : ENDING THE SUFFERING CAUSED BY ANTI-PERSONNEL MINES

EXTENSION REPORT -TURKEY-

ANNEXES. to the. Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL. on the European Union trade mark (codification)

DEMOCRATIC REPUBLIC OF CONGO

Official Journal of the European Union. (Non-legislative acts) REGULATIONS

CONVENTION ON THE PROHIBITION OF THE USE, STOCKPILING, PRODUCTION AND TRANSFER OF ANTI-PERSONNEL MINES AND ON THEIR DESTRUCTION

Official Journal of the European Communities. (Acts whose publication is obligatory)

Checklist for ex-post control of public procurement

1997 Convention on the Prohibition of Anti-Personnel Mines and on their Destruction

COMMISSION DECISION of on the financing of emergency humanitarian operations from the general budget of the European Communities in China

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

Transcription:

COMMISSION DECISION C/2006/2202 of 09/06/2006 on a preparatory action programme continuing de-mining activities in Cyprus in 2006 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities 1, and in particular Article 49 (2) thereof, Whereas: (1) Budget line 22 02 09 (Preparatory action for de-mining activities in Cyprus) is intended to cover Community financing for the clearing of mines in Cyprus, in particular in the buffer zone between the Government-controlled area and the northern part of the island. (2) Article 49 (2) of the Financial Regulation provides that appropriations for preparatory actions may be implemented without a basic act. The present Decision constitutes a framework equivalent to a financing decision in accordance with Article 15(1) of Commission Decision of 15 March 2005 on the Internal Rules on the implementation of the general budget of the European Communities. (3) The United Nations have control over the buffer zone to be de-mined and are considered by both communities as being politically neutral. The UN have a de facto monopoly for actions to be carried out within the above-mentioned buffer zone. Therefore, in accordance with Article 168 (1)c of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of the Financial Regulation 2, the grant for the de-mining activities in Cyprus is awarded without a call for proposals. (4) The only way to implement this preparatory action on de-mining is by full financing in accordance with Article 169 of the Financial Regulation and Article 253 (1)a of Commission Regulation No 2342/2002, since the UN do not have the necessary funds to co-finance this project, 1 2 OJ L248, 16.9.2002, p.1. OJ L357, 31.12.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) n 1261/2005 (OJ L 201 of 2.8.2005, p. 3)

HAS DECIDED AS FOLLOWS: Article 1 The preparatory action programme for de-mining activities in Cyprus described in the Annex to this Decision is hereby adopted. Article 2 The maximum amount of Community assistance shall be EUR 1 million, to be charged to budget line 22 02 09 of the 2006 General Budget of the European Communities (Preparatory action for de-mining activities in Cyprus). Community assistance in the form of a grant for the maximum amount of EUR 1 million shall be awarded to the United Nations Development Programme for the implementation of the project in annex. Done at Brussels, [ ] For the Commission [ ] 2

ANNEX FINANCING PROPOSAL: PREPARATORY ACTION PROGRAMME: DE-MINING ASSISTANCE FOR CYPRUS - 2006 1. Identification Beneficiary Programme Republic of Cyprus De-mining assistance programme for Cyprus CRIS number 2006/018-098 Year 2006 Cost 1 million Implementing DG ELARG Authorities Expiry Date Contracting: 31 December 2007 Execution of contracts: 31 December 2008 Sector (DAC) Code 15066 Group Budget Line Programming Task Manager: Implementation Task Manager: O PP-22.02.09 A. Viezzer, DG ELARG H. Visser, DG ELARG 2. Background For the budget year 2004 the budget line PP 22.02.09 Pilot project on de-mining activities in Cyprus was established with a value of 2.5 million. A Commission Decision on the establishment of the de-mining assistance programme for Cyprus was taken on 04/08/2004 (C/2004/2977). Additional funding of 1.5 million was allocated under this pilot project in 2005. A Commission Decision on the continuation of a pilot project on de-mining activities in Cyprus was taken on 28/09/2005 ((C/2005/3613). Under the 2006 General Budget of the European Communities, commitment appropriations of 1 million were approved for a preparatory action for de-mining activities for Cyprus to continue the activities started under the pilot project. The objective of this preparatory action programme is to continue the clearing of mines in Cyprus, in particular in the buffer zone between the areas under effective control of 3

the Government of the Republic of Cyprus and the northern part of the island, thus contributing to the peace-building process between both communities. Before and after 1974 both sides laid defensive minefields. Following a de facto ceasefire, the UN Peacekeeping Force in Cyprus (UNFICYP) inspected the deployment of the Cyprus National Guard and the Turkish and Turkish Cypriot forces, and a buffer zone was established between the areas controlled by the opposing forces. The defensive minefields laid by both sides were located within, and outside of, the buffer zone. The cease-fire lines extend approximately 180 kilometres across the island. The buffer zone varies in width from less than 20 metres to some 7 kilometres, and it covers about 3 per cent of the island, including some of the most valuable agricultural land. De-mining has been referred to in several UN Security Council Resolutions on Cyprus including 1062 (1996) and 1251 (1999). Those resolutions called for the two sides to engage in de-mining, however the potential risk of having serving military from either side conducting de-mining in the buffer zone outweigh the potential benefit of clearing mines. Under the de-mining pilot project approved in 2004, the objective was to contribute to clear all known minefields, booby-traps and suspected mined areas in the UNFICYP controlled buffer zone and adjacent areas. To achieve this, the following outputs have been pursued: Establishment of a Mine Action Cell (MAC) to oversee that all de-mining operations in Cyprus are carried out correctly and to International Mine Action Standards; Construction of a Mine Detection Dog Accreditation Area to ensure that the dogs and handlers are competent to carry out the work in Cyprus to international standards; Development of technical standards and guidelines for the Mine Action project in Cyprus; Development and implementation of the accreditation process for Quality Assurance/Quality Control, and Clearance Contractors; Clearance of mines and unexploded ordnance (UXO): identified minefields, suspect mined areas and booby-trapped areas cleared of all landmines and UXO, in a cost effective and timely manner, in accordance with technical standards and guidelines for Cyprus and International Mine Action Standards. After the establishment of the MAC, mine clearance operations started in November 2004. Highest priority has been given to clear mined areas that would affect the opening of new crossing points across the buffer zone. A number of suspected areas have been cancelled through technical surveys. At the end of January 2006, 18 of the 48 suspect mined areas in the buffer zone totalling 750,000 square meters were cleared (equivalent to around 15% of the estimated overall 5 million square meters of mine contaminated land) and 2,288 mines destroyed. Altogether 4

with the 4 million allocated since 2004, it is expected that by April 2006, 1.1 million square meters of mined land would be cleared (i.e. 22%). 3. Summary Through this financing proposal, additional 1 million will be deployed under the 2006 budget to contribute to de-mining in Cyprus. It is estimated that in total 15 meuro are required for fully de-mining the island. This financing proposal will make an additional contribution towards achieving this goal. It is estimated that as much as 3,900,000 m² of land contaminated with mines and UXO still remains to be cleared after the completion of the 2004-2005 pilot project. Through this preparatory action programme, it is estimated that an additional 330,000 m² will be cleared (i.e. additional 7%). 4. Objectives and Description The ultimate objective of the programme is to contribute to the peace building process between the two communities through the removal and destruction of all landmines and UXO in Cyprus. The identified immediate objective of the programme is to further contribute to clearance of all known minefields, booby-traps and suspected mined areas in the UNFICYP controlled buffer zone. The removal of the minefields in Cyprus will contribute to the peace and confidencebuilding processes between both sides, which will benefit the whole island. Furthermore, it is essential for a future economic exploitation of the land. Mine/UXO Contamination In some areas, the mines can be seen above ground, exposed by erosion. Current records show a total of 101 mined, suspect mined and booby-trapped areas on the island. Of these, 48 are located within the buffer zone (18 cleared so far) and 53 are outside, though many are less than 1,000 meters from the buffer zone, an area that still falls under UNFICYP monitoring. In most cases, cleared areas were larger than previously recorded, in some cases up to 50%. The project will remain flexible concerning requests for the clearance of suspect dangerous areas to ensure that new crossing points can be readily opened. All requests for mine clearance activities will be evaluated and prioritised accordingly. If the political situation remains the same in Cyprus, the project priorities will be implemented in the following manner: Priority will be given to the clearance of minefields for the opening of new crossing points where required; Any other identified National Guard minefields inside the buffer zone; Turkish Forces laid minefields and minefields not attributed to either side (pursuant to agreement to guidelines by the Turkish Forces for de-mining operations) within the buffer zone; 5

Additional minefield clearance, survey and fencing tasks within the buffer zone; The extension of 1 million euro will be utilised to extend the current mine clearance operations in Cyprus from April 2005 to November 2006. Moreover, the Mine Action Cell will be extended from July 2006 to December 2006. These actions will contribute to Cyprus s compliance with Article 5 of the Ottawa Convention well before its deadline in 2013. Having ratified the Ottawa Convention in 2003, Cyprus has to clear all mined areas of anti-personnel mines by 2013 in order to comply with Article 5. Justification The mined, suspect mined and booby-trapped areas are a threat for the population living nearby. Farmers are currently using the land adjacent to the mined areas and in most cases farmers have cultivated the land up to 2 meters of the minefield perimeter fence. There are reports of livestock losses due to mine accidents; the last human casualty occurred in April 2004. Before this the last recorded accident was in August 2003. In addition to the humanitarian aspect, the political impact of mine clearance in Cyprus would be significant both through the elimination of a physical barrier that divides the two sides and as a confidence building measure for other bi-communal initiatives. The negotiations with all sides regarding the clearance initiative have already shown significant progress. Clearance Tender Due to the specialised nature of the clearance works, it is planned that the UNDP will contract international companies with proven experience in de-mining to tender for the clearance contract. The contracting for both the Manual/Mine Detection Dog (MDD) clearance contract and the Quality Control (QC) Quality Assurance contracts will be issued through UNDP and/or through its executing agency. The clearance contractor will have to supply both manual and MDD teams to complete the clearance work in a timely and cost effective manner. As the project develops and more mined areas are made available for clearance by the parties the contractor may be required to supply a mechanical flail or other similar machine to assist with the clearance. External Quality Assurance/Control Tender International companies will also be contracted for the Quality Assurance/Control contract; this contractor will carry out external checks on the work completed by the clearance contractor, to ensure that all clearance works are in line with Technical Standards and Guidelines for Cyprus and to International Mine Action Standards. Expected End of Project Situation Minefields and unexploded ordnance (UXO) to be cleared with as ultimate objective a Cyprus that is freed from landmines and unexploded ordnance (UXO) and all other explosive items of war. 6

5. Budget # Title of the project DAC Code Sector Total Budget Mio Budget Line 1 De-mining 15066 1 PP.22.02.09 Total 1 6. Implementation a) Financial and Project Management by Cyprus The programme will be implemented by the European Commission. A grant contract will be awarded directly to the implementing agency being the United Nations Development Programme (UNDP), respecting the provisions of the Financial and Administrative Framework Agreement between the European Community and the United Nations (FAFA) of 29 April 2003. This is because the UN is the only organization seen as neutral and henceforth acceptable by both sides to carry out activities such as de-mining. Furthermore, the UN has control of the buffer zone. It is for this reason that a grant will be awarded without a call for proposals in accordance with Article 168.1(c) of the Implementing Rules (IR). Furthermore, in line with Article 169 of the Financial Regulation and 253.1(a) of the Implementing Rules the action will be financed in full from the budget. The UNDP will establish appropriate implementation structure for the project. The implementation arrangements will be specifically designed to take into account the particular conditions in the buffer zone and the mandate of UNFICYP. b) Contracting and execution deadline All contracts must be concluded by 31 December 2007. In no case can the contracting period exceed 1 year after the date of the global commitment. All contracts must be executed by 31 December 2008. Budgetary commitments which have not given rise to payments during three years counted from the date of the legal commitment will be de-committed (Art. 77 of the Financial Regulation) 7

c) Clearance of Accounts Procedure and Recovery of Funds The implementation of the actions will be monitored by the European Commission based upon Article 165 of the Financial Regulation, considering the Financial and Administrative Framework Agreement with the UN of 29 April 2003. Any proven irregularity or fraud discovered at any time during the implementation of the programme will lead to the recovery of funds by the Commission. d) Nature Conservation If a project is likely to affect sites of nature conservation importance, an appropriate assessment according to Art. 6 of the Habitats-Directive 3 must be documented. e) Twinning Not applicable 7. Monitoring and Evaluation The monitoring and Assessment operations will follow the procedures defined under the Financial and Administrative Framework Agreement between the European Community and the United Nations (FAFA) of 29 April 2003. Therefore, Article 170 of the Financial Regulation will be taken into account. The Commission services shall ensure that an ex-post evaluation is carried out after completion of the Programme. 8. Audit Anti-Fraud Measures In order to ensure efficient protection of the financial interests of the Community, the Commission may conduct on-the-spot checks and inspections in accordance with the procedures foreseen in Council Regulation (Euratom, EC) No. 2185/96 4. The controls and audits described above are applicable to all contractors and subcontractors who have received Community funds. 9. Visibility/Publicity The Commission will be responsible for ensuring that the necessary measures are taken to ensure that for all activities financed from the programme, the visibility/publicity will follow the EU visibility guidelines for external actions (http://europa.eu.int/comm/europeaid/visibility/index_en.htm). In implementing this Programme, the Commission shall provide for the maximum visibility of EU actions in the beneficiary country. 3 DIR 92/43/EEC; OJ 206/7; 22.7.1992. 4 OJ L 292; 15.11.1996; p. 2-5 8

10. Special conditions In the event that agreed commitments are not met for reasons which are within the control of the beneficiary, the Commission may review the programme with a view, at the Commission s discretion, to cancelling all or part of it and/or to reallocate unused funds for other purposes. In the implementation of actions financed under this Financing Proposal, the rights of natural and legal persons, including the rights to possessions and property should be respected. 9