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In the 1990s the European Community tackled the problem of providing an overall framework for its humanitarian aid and distinguishing it from its development policy and food aid. This required, first and foremost, a definition of the concept:

Humanitarian aid is the provision of relief and protection to those affected by natural or technological disasters or crises brought about by civil or international armed conflicts, offered by multilateral NGOs or State organisations, in cases where the local authorities are not in a position to provide satisfactory guarantees for the survival of those affected495_.

490 _{EP resolution of 15 April 1980 on food aid to Cambodia and the South-east Asian refugees, OJ C 117, 12.5.80, p. 17 following on}

from the report with the same title. Doc. 1-734/79. Rap: K. Wawrzik.

491 _{EP resolution of 20 November 1981 on the results of a visit by a delegation from the European Parliament to Cambodia, OJ C 327,}

14.12.81, p. 110 following on from the report with the same title. Doc. 1-639/81. Rap: R. Cohen.

492 _{EP resolution of 17 February 1984 on granting of emergency aid to Vietnam, OJ C 77, 19.3.84, p. 129.}

493 _{EP – Committee on Development and Cooperation - Report on the granting of humanitarian aid to Vietnam. Doc. 1-1344/83. Rap:}

Couste.

494 _{EP resolution of 19 November 1992 on the participation of the European Community in the international programme for the}

reintegration of Vietnamese returnees, OJ C 329, 6.12.93, p. 79 following on from the report with the same title. A3-265/93. Rap: Sandbaek.

Until the 1980s humanitarian aid had been used mainly for natural or industrial disasters, since the balance of power between the Eastern and Western blocs had limited even local conflicts. The end of this situation brought with it an increase in conflicts with serious consequences for populations in regions that were for the most part poor and in states that generally did not have the means to intervene without international aid, which in many cases completely replaced the administration of the state in question. A consequence of this situation in terms of international law was the establishment of a right of interference on the part of the international community in the internal affairs of a given state for the purposes of bringing humanitarian aid to those in need, in the name of a principle of solidarity that prevailed over national sovereignty.

In this context, the European Community increased its commitment and in 1992 set up a specific Commission service, ECHO, that improved the speed and efficiency with which food aid was delivered and raised awareness of Community action in this sector. However, it was not until 1995 that the Commission, with the aim of providing a legal basis for its own service, presented a proposal for a regulation to the Council and to Parliament for its opinion.

The European Parliament approved the proposal with amendments496_{, recommending}

that when the EC Treaty was being revised, specific rules on humanitarian aid should be incorporated: the legal basis used for the regulation, Article 130w on development policy, did not seem adequate, while the adoption of rules on foreign policy and common defence as a legal basis would actually be counterproductive for the non-discriminatory manner in which ECHO operated.

The amendments tabled sought to establish a permanent framework of information and consultation with other organisations cooperating with the Commission service, which, consequently, would not just be a donor and distributor of aid but should actually be capable of drawing up a coherent and effective policy for humanitarian relief efforts. Other amendments sought to establish a link with the development policy. A particularly significant amendment by Parliament was the integration of humanitarian policy with short-term rehabilitation and reconstruction work in order to facilitate the delivery of relief, preventing the impact of the crisis from deteriorating and quickly helping those affected to regain a minimum level of self-sufficiency. This approach led to the first article of the approved Regulation497_{, which read as follows:}

The Community’s humanitarian aid shall comprise assistance, relief and protection operations on a non-discriminatory basis to help people in third countries, particularly the most vulnerable among them, and as a priority those in developing countries, victims of natural disasters, man-made crises, such as wars and outbreaks of fighting, or exceptional situations or circumstances comparable to natural or man-made disasters. It shall do so for the time needed to meet the humanitarian requirements resulting from these different situations.

496 _{EP legislative resolution of 30 November 1995 embodying Parliament’s opinion on the proposal for a Council Regulation}

concerning humanitarian aid, OJ C 339, 18.12.95, p. 54 following on from the report of the Committee of Development and Cooperation referred to in the previous note.

Such aid shall also comprise operations to prepare for risks or prevent disasters or comparable exceptional circumstances.