Re-examined proposal for a COUNCIL REGULATION (EC) amending Regulation (EEC) No 1973/92 establishing a financial instrument for the environment (Life)
COMMISSION OF THE EUROPEAN COMMUNITIES A ** Brussels, 13. 06. 1996 COM(96) 295 final 95/0093 (SYN) Re-examined proposal for a COUNCIL REGULATION (EC) amending Regulation (EEC) No 1973/92 establishing a fînancial instrument for the environment (Life) (presented by the Commission pursuant to Article 189 c (d) of the EC Treaty) EXPLANATORY MEMORANDUM On 12 April 1995 the Commission adopted, on the basis of Article 130s(l) of the Treaty, the proposal for a Regulation amending Regulation (EEC) No 1973/92 (Life) with the objective of implementing the second phase of the instrument (1996-1999). l The Economic and Social Committee gave its opinion on 25 October 1995. 2 The European Parliament gave its opinion at the first reading on 17 November 1995. 3 On 26 January 1996 the Commission adopted an amended proposal pursuant to Article 189a(2) of the EC Treaty incorporating 28 of the 34 amendments approved by Parliament. 4 On 18 December, the Council approved a common position on the Commission proposal. 5 The European Parliament adopted its decision on the Council common position on 5-6 June 1996, which it approved subject to 7 amendments. The Commission has examined the amendments adopted by Parliament at the second reading, and incorporated some of them in the current reexamined proposal. The Commission's position on the amendments adopted by Parliament is as follows: Amendments 1 to 4 are accepted in full (the Commission already accepted them at the first reading). These concern: - amendments 1 and 2 designed to clarify, in Article 2(l)(b)(iii), the scope of preparatory measures concerning, firstly, wetlands in coastal areas around river mouths and, secondly, management and protection of water resources; amendment 3 specifying in Article 2(2)(a) nature protection in the areas of activity under Life with regard to third countries other than the countries of Central and Eastern Europe; OJ C 184, 18. 7. 1995, p. 12. OJ C 18, 22. 1. 1996, p. 15. OJ C 323, 4. 12. 1995, p. 158. O J C 9 2, 28. 3. 1996, p. 7. OJ C 134, 6. 5. 1996, p. 1. amendment 4 adapting Article 2(3) to permit the monitoring and dissemination of the results of all the measures receiving Life funding including Phase I, and not merely Phase II as provided for in the common position. Amendment 6 concerning the transparency of procedures is accepted in principle, but the Commission cannot incorporate it in the enacting terms for reasons of consistency of its institutional powers. The Commission proposes to make a declaration in the Council minutes incorporating the substance of amendment 6. 6 Amendment No 7 is accepted. Amendment 5, finally, is not acceptable since it is not possible for budgetary reasons to increase to ECU 600 million the figure of ECU 450 million currently provided for by the Council, with the possibility of review in 1997 on the basis of relevant information supplied by the Commission. NaT Text of the declaration "With regard to the evaluation and selection of the measures proposed in sectors other than nature protection, the Commission informs the institutions that it intends to carry out pre-selection of the proposals followed by classification by order of merit on the basis of the opinion of independent Reexamined proposal for a Council regulation amending Regulation (EEC) n* 1973/92 establishing a financial instrument for the environment (Life) Common position of the Council Amended text Article 1 Article 2(1)(b)(iii), first indent of Regulation (EEC) No 1973/92 Protection of coastal areas and their rational management ; Article 2(1)(b)(iii), third indent of Regulation (EEC) No 1973/92 water protection, including waste water treatment Protection of coastal areas and their rational management, of rivers which flow into coastal areas. their possible wetlands and the sustainable management of those areas and r < « —. management and protection of water resources. including contaminated water treatment waste or Article 1 Article 2(2)(a)a (new) of Regulation (EEC) No 1973/92 (a)a conservation or restoration from the point of view of of n a t u re significant of threatened species of flora and fauna; protection. habitats Article 1 Article 2(3) of Regulation (EEC) No 1973/92 Accompanying measures needed to monitor, evaluate or promote the actions undertaken under points 1 and 2 of information on the experience and the results obtained of such actions. dissemination and Accompanying measures needed to monitor, evaluate or promote the actions undertaken during the first stage and under points 1 and 2 and dissemination of information on the experience and the results obtained of such actions. Article 1 Article 9(5) of Regulation (EEC) No 1973/92 Actions provided for in Article 2, point 1(a) and their flanking measures shall be subject to the procedure set out in Article 21 of Directive 92/43/EEC; other Life actions including, where appropriate, procedures for project selection shall be approved in accordance with the procedure provided for in Article 13 of this Regulation. The Commission shall inform the committees mentioned in Article 21 of Directive 92/43/EEC and Article 13 of this Regulation of the application of criteria and priorities defined in Article 9a. shall be approved Actions provided for in Article 2, point 1(a) and their flanking measures shall be subject to the procedure set out in Article 21 of Directive 92/43/EEC; other Life actions in accordance procedure provided for in Article 13 of this Regulation. The Commission shall inform the committees mentioned in Article 21 of Directive 92/43/EEC and Article 13 of this Regulation of the application and of priorities defined in Article 9a. criteria with the ISSN 0254-1475 COM(96) 295 final DOCUMENTS EN 14 01 Catalogue number : CB-CO-96-296-EN-C ISBN 92-78-05633-2 Office for Official Publications of the European Communities L-2985 Luxembourg c