Amended proposal for a European Parliament and Council Regulation (EC) concerning the financial instrument for the environment (Life)
C 274 E/116 EN Official Journal of the European Communities 26. 9. 2000 Amended proposal for a European Parliament and Council Regulation (EC) concerning the financial instrument for the environment (Life) (1) (2000/C 274 E/14) (Text with EEA relevance) COM(1999) 305 final - 98/0336(COD) (Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 15 June 1999) (1) OJ C 15, 20. 1. 1999, p. 4. INITIAL PROPOSAL AMENDED PROPOSAL THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Unchanged Having regard to the Treaty establishing the European Community and in particular Article 175(1) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of Committee, the Economic and Social Having regard to the opinion of the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of in cooperation with the European Parliament, the Treaty, Acting in accordance with the procedure laid down in Article 251 of the Treaty, (1) Whereas a financial for the environment instrument should be established to contribute to sustainable devel- opment in the Community and to the development of Community policy in the field of the environment, with particular regard to the integration of the environment in the other policies, together with the implementation and updating of environmental legislation; Unchanged (1) Whereas a financial the environment instrument should be established to contribute to the development and implementation of Community policy and legislation regarding the environment; for (2) Whereas Council Regulation (EEC) No 1973/92 of 21 May 1992 establishing the financial environment (Life) (1) was substantially amended by Regu- lation (EC) No 1404/96 (2); whereas, for reasons of clarity, further that Regulation amendments are made; recast when instrument should for be a (3) Whereas the financial instrument for the environment, Life, is being implemented in phases; whereas the second phase ends on 31 December 1999; ___________ (1) OJ L 206, 22. 7. 1992, p. 1. (2) OJ L 181, 20. 7. 1996, p. 1. 26. 9. 2000 EN Official Journal of the European Communities C 274 E/117 INITIAL PROPOSAL AMENDED PROPOSAL (4) Whereas, given the positive contribution of Life to the attainment of the objectives of Community policy on the environment and in accordance with Article 14 of Regulation (EEC) No 1973/92, a third phase for a period of five years ending on 31 December 2004 should be set in motion; (6) Whereas the efficiency and transparency of the implemen- tation procedures for providing information to the public and potential bene- ficiaries should be improved by identifying clearly the three component parts which constitute the instrument; and the procedures for Life (5) Whereas Life should be reinforced as a specific financial instrument, complementary with other Community instruments, without however limiting Life interventions to areas not covered by other Community financial instruments; (6) Whereas the efficiency, transparency and methodology of the implementation procedures for Life, the procedures for providing and disseminating information to the public and the procedures for cooperation between the potential beneficiaries should be improved by identifying clearly the the three instrument; component parts which constitute (7) Whereas the objective of Life-Environment of integrating environmental considerations in land-use development and planning is principally geared towards an urban development in synergy with pilot projects supported under the URBAN Initiative; development, sustainable seeking (8) Whereas the experience gained with Life during the second phase has highlighted the need to concentrate efforts by specifying more clearly the areas of activity able to benefit from Community financial aid, simplifying the management burden and improving the measures to disseminate information concerning the experience gained and the results achieved; (8) Whereas the experience gained with Life during the second phase has highlighted the need to concentrate efforts by specifying more clearly the areas of activity able to benefit from Community financial aid, simplifying the management burden and improving the measures to disseminate experience gained, the results achieved and their long-term impact, with a view to promoting the transfer of those results; information concerning the (9) Whereas the development of Community environmental policy must take account of the results achieved and the experience gained from the individual actions imple- mented under Life; (10) Whereas preparatory projects should concern the devel- opment of new Community activities in the field of the environment; (10) Whereas preparatory projects should concern the devel- the opment of Community policy in the environment and, consequently, of innovative actions in this field; field of (11) Whereas the projects selected to receive financial support, particularly under Life-Environment, can contribute to the sustainability of socio-economic activities and hence to the creation of jobs; C 274 E/118 EN Official Journal of the European Communities 26. 9. 2000 INITIAL PROPOSAL AMENDED PROPOSAL (12) Whereas for third countries bordering on the Mediter- ranean and the Baltic Sea other than the accession technical assistance activities are candidate countries, needed to create capacities and administrative structures in the field of the environment; Unchanged (13) Whereas the Europe agreements between the European Communities and their Member States, of the one part, and the accession candidate Central and Eastern European countries, of the other part, provide for the participation of in particular in the field of the environment; in Community programmes, countries those (14) Whereas, while the abovementioned Central and Eastern European countries should normally themselves meet the costs arising from their participation, the Community may decide, if necessary, for specific cases and in conformity with the rules applicable to the general budget of the European Communities and the relevant association agreements, to supplement the national contribution of the country concerned; they make (15) Whereas the other accession candidate countries may, where contribution to Life, financial participate on conditions equivalent to those laid down for the accession candidate Central and Eastern European countries; a (16) Whereas receipt from third countries constitute resources earmarked for the instrument in question and are entered as such in the corresponding expenditure item; (17) Whereas mechanisms should be established so that Community assistance may be adapted to the particular features of the projects to be supported; (17) Whereas selection mechanisms should be established so that Community assistance may be adapted to the to be supported; particular in relation to the should be set whereas priorities various aspects of the Community environmental policy; the projects features of (18) Whereas it is necessary to establish effective methods of monitoring and evaluation as well as to ensure adequate information for potential beneficiaries and for the public; (18) Whereas it is necessary to establish effective methods of monitoring, evaluation and utilisation of project results in the Community policies as well as to ensure adequate information for potential beneficiaries and for the public; (19) Whereas a committee should be set up to assist Commission in implementing this Regulation; the Unchanged (20) Whereas the Council should examine the advisability of continuing the Life action beyond the third phase, acting on the basis of a proposal from the Commission; (20) Whereas the European Parliament and the Council should examine the advisability of continuing the Life action beyond the third phase, acting on the basis of a proposal from the Commission; 26. 9. 2000 EN Official Journal of the European Communities C 274 E/119 INITIAL PROPOSAL AMENDED PROPOSAL HAVE ADOPTED THIS REGULATION: Unchanged Article 1 General objective instrument A financial referred to as Life, is hereby established. the for environment, hereinafter The general objective of Life shall be to contribute to the development of Community environment policy, in particular as regards the integration of into other policies and the implementation and updating of environ- mental legislation. the environment The general objective of Life shall be to contribute to sustainable development in the Community and to the devel- opment of Community environment policy, in particular as regards the integration of the environment into other policies and the implementation and updating of environmental legis- lation. Article 2 Unchanged Thematic components and general criteria Life shall consist of the three thematic components Life-Nature, Life-Environment and Life-Third Countries. The projects financed by Life shall meet the following general criteria: (a) be of Community interest by making a significant contribution to the development and, where appropriate, implementation of Community environment policy and legislation (a) be of Community interest by making a significant contribution to the general objective set out in Article 1; (b) be carried out by technically and financially sound Unchanged participants; (c) be feasible in terms of technical proposals, management (timetable, budget) and value for money. Priority may be given to projects based on a multinational approach. Priority may be given to projects based on a multinational approach, particularly to projects liable to foster cross-border, transnational or regional cooperation. Article 3 Life-Nature Unchanged 1. The specific objective of Life-Nature shall be to contribute to the implementation of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (1); Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (2); and, in particular, the Natura 2000 European network. ___________ (1) OJ L 103, 25. 4. 1979, p. 1, as last amended by Directive 97/49/EC (OJ L 223, 13. 8. 1997, p. 9). (2) OJ L 206, 22. 7. 1992, p. 7, as last amended by Directive 97/62/EC (OJ L 305, 8. 11. 1997, p. 42). C 274 E/120 EN Official Journal of the European Communities 26. 9. 2000 INITIAL PROPOSAL AMENDED PROPOSAL 2. The following shall be eligible for Life-Nature: (a) nature conservation projects which further the specific objective set out in paragraph 1 and contribute to main- taining or restoring natural habitats and species populations to a favourable conservation status within the meaning of Directive 92/43/EEC. (b) accompanying measures required to: (i) prepare projects involving partners in several Member States (ástarterí measure); (ii) exchange measure); experiences between projects (áco-opí (iii) monitor and evaluate projects and disseminate their results, including the results of projects decided upon during the preceding phases of Life (áassistí measure). Financial assistance shall be provided by co-financing of 3. projects. The maximum rate shall be: (a) 50 % for nature conservation projects; 100 % for accom- panying measures. (b) By way of exception, the rate provided for in subparagraph (a) shall be a maximum of 75 % for projects concerning priority natural habitats or priority species within the meaning of Directive 92/43/EEC or the species of birds referred to in Directive 79/409/EEC which are in danger of extinction. to be Proposals for projects to 4. paragraph 2(a) shall be submitted to the Commission by the Member States. Where projects involve more than one Member State, proposals shall be submitted by the Member State in which the project co-ordinating body is located. financed pursuant Proposals shall be submitted to the Commission before 31 October of each year. The Commission shall decide on these proposals, in accordance with paragraph 7, before the following 30 April. 5. Proposals meeting the general criteria set out in Article 2(2) and the following specific criteria shall be taken into consideration: 5. in the Proposals meeting the general criteria set out second and third paragraphs of Article 2 and the following specific criteria shall be taken into consideration: (a) projects in the European territory of the Member States Unchanged relating to: (i) a site proposed by a Member State under Article 4 of Directive 92/43/EEC, or, (ii) a site classified pursuant to Article 4 of Directive 79/409/EEC, or (iii) a species in Annexes II or IV to Directive 92/43/EEC or in Annex I to Directive 79/409/EEC; 26. 9. 2000 EN Official Journal of the European Communities C 274 E/121 INITIAL PROPOSAL AMENDED PROPOSAL (b) projects in accession candidate countries to which Article 6 importance relating to a site of international applies hosting: (i) a type of habitat in Annex I or a species in Annex II to Directive 92/43/EEC; or (ii) a bird species in Annex I to Directive 79/409/EEC or a migratory bird species present in the Union; or (iii) a type of habitat or in the Community Bern Convention resolutions as being in need of specific conservation measures. species not present classified but in A summary of the proposals received shall be submitted it the 6. to the Member States by the Commission. Upon request, shall place the original documents at Member States for consultation. the disposal of Projects considered for financial support under Life-Nature to the procedure set out in Article 21 of 7. shall be subject Directive 92/43/EEC. An outline decision by the Commission shall be sent to the Member States on the projects which have been accepted and individual decisions shall be sent to the beneficiaries laying down the financial financial procedures and controls, and the specific technical conditions of the project approved. amount of assistance, the At the Commission’s initiative, accompanying measures 8. shall be the to be financed pursuant subject of calls for expression of interest published in the Official Journal of the European Communities which specify the specific criteria to be met. to paragraph 2(b) Article 4 Life-Environment The specific objective of Life-Environment shall be to 1. contribute: (a) to the development of innovative techniques and methods which make it possible: - to integrate environmental considerations in land-use development and planning, particular in urban areas; - to integrate considerations on the environment and on sustainable development in land-use development and planning, as a priority in urban areas; - to minimise, by means of a preventive approach, the production industrial impacts of environmental activities; Unchanged - to recycle waste of all kinds and ensure the sound - to prevent, reuse and recycle waste of all kinds and management of waste streams; ensure the sound management of waste streams; C 274 E/122 EN Official Journal of the European Communities 26. 9. 2000 INITIAL PROPOSAL AMENDED PROPOSAL the - to reduce through distribution and consumption. integrated environmental an impact of products production, to approach the environmental impact of products - to reduce production, through an consumption and handling as waste, distribution, including the development of environment-friendly products. integrated approach to (b) to the development of new environmental actions. (b) to the development of Community environmental policy through new actions in this field. 2. The following shall be eligible for Life-Environment: Unchanged (a) demonstration projects which further the objective set out in paragraph 1(a); (b) preparatory projects which further the objective set out in paragraph 1(b); (c) accompanying measures required to evaluate, monitor, and promote the actions undertaken during this phase and during the first two phases, for the exchange of experience between projects and for the dissemination of information on the experience gained and the results obtained with such actions. (c) accompanying measures required to evaluate, monitor, and promote the actions undertaken during this phase and during the first two phases, for the exchange of experience between projects and for the dissemination of information on the experience gained and the transfer of results obtained with such actions. 3. Financial assistance shall be provided by co-financing of projects. The rate of Community financial support shall be a maximum of 50 % of the eligible cost. Unchanged This rate shall be a maximum of 30 % of the eligible cost for projects expected to generate significant income. In this case, the beneficiaries’ contribution to the financing shall be at least as much as the Community support. The rate of Community financial support for the accom- panying measures shall be a maximum of 100 % of the cost of these actions. as As far 4. concerned, demonstration projects guidelines will be established by the Commission, after opinion by the Committee provided for in Article 11, and published in the Official Journal of the European Communities. are as As far are 4. concerned, demonstration projects guidelines will be established by the Commission, after opinion by the Committee provided for in Article 11, and published in the Official Journal of the European Communities. The guidelines shall promote synergy between demonstration actions and the guiding principles of Community environ- mental policy with a view to sustainable development. to be Proposals for projects to 5. paragraph 2(a) shall be submitted to the Commission by the Member States. Where projects involve more than one Member State, proposals shall be submitted by the Member State in which the project coordinating authority or body is located. financed pursuant Unchanged Proposals shall be submitted to the Commission before 31 January of each year. The Commission shall decide on these proposals, in accordance with paragraph 10, before 31 July. 6. Shall be taken into consideration proposals submitted under paragraph 2(a) that meet the general criteria set out in Article 2(2) and the following specific criteria: 6. Shall be taken into consideration proposals submitted under paragraph 2(a) that meet the general criteria set out in the second and third paragraphs of Article 2 and the following specific criteria: 26. 9. 2000 EN Official Journal of the European Communities C 274 E/123 INITIAL PROPOSAL AMENDED PROPOSAL (a) providing solutions to a problem which arises very often in the Community, or is of great concern to some Member States, Unchanged (b) being innovative by virtue of the technology or the method applied; (c) setting an example and representing progress compared with the current situation; (d) being capable of promoting widespread application of practices and technologies conducive to environmental protection; (d) being capable of promoting the dissemination and widest technologies possible conducive to environmental protection; application practices and of (e) aiming at developing and transferring know-how which can Unchanged be used in identical or similar situations; (f) promoting cooperation in the environmental field; (g) promoting sustainability of socio-economic activities from the environmental point of view. (g) promoting sustainability of socio-economic activities, inter alia through the direct or indirect support to job creation. 7. The following costs shall be considered ineligible: Unchanged (a) land purchase; (b) studies not specifically addressing the objective aimed at by the financed projects; (c) investments in major infrastructures or investments of a activities non-innovative already confirmed on an industrial scale; structural including nature, (d) research and technological development activities. At the Commission’s initiative, preparatory projects and 8. accompanying measures to be financed pursuant to paragraph 2(b) and (c) shall be the subject of calls for expression of interest published in the Official the European Communities which specify the specific criteria to be met. Journal of At the Commission’s initiative, preparatory projects and 8. accompanying measures to be financed pursuant to paragraph 2(b) and (c) shall be the subject of calls for expression of interest published in the Official the European Communities which specify the specific criteria to be met. Prior to their publication, calls for expression of interest for preparatory projects shall be submitted for an opinion to the Committee provided for in Article 11. Journal of 9. A summary of the main points and of the content of the proposals received under paragraph 2(a) and (b) shall be submitted to the Member States by the Commission. Upon request, it shall place the original documents at the disposal of the Member States for consultation. Unchanged Projects considered for financial support shall be subject 10. to the procedure set out in Article 11. C 274 E/124 EN Official Journal of the European Communities 26. 9. 2000 INITIAL PROPOSAL AMENDED PROPOSAL 11. An outline decision by the Commission shall be sent to the Member States on the projects which have been accepted and individual decisions shall be sent to the beneficiaries laying down the financial financial procedures and controls, and the specific technical conditions of the project approved. amount of assistance, the Article 5 Life-Third Countries 1. The specific objective of Life-Third Countries shall be to contribute to the establishment of capacities and administrative structures needed in the environmental sector and in the devel- opment of environmental policy and action programmes in third countries bordering on the Mediterranean and the Baltic Sea other than the accession candidate countries to which Article 6 applies. 2. The following shall be eligible for Life-Third Countries: (a) technical assistance projects which further the objective set out in paragraph 1; (b) accompanying measures required to evaluate, monitor and promote the actions undertaken during this phase and during the first two phases, for the exchange of experience between projects and for the dissemination of information on the experience gained and the results obtained with such actions. 3. Financial assistance shall be provided by co-financing of actions. The rate of Community financial support shall be a maximum of 70 % of the cost of the actions referred to in paragraph 2(a) and a maximum of 100 % of the cost of the actions referred to in paragraph 2(b). 4. Proposals for projects to be financed under paragraph 2(a) from third countries shall be submitted to the Commission by the relevant national authorities. Where projects involve more than one country, proposals shall be submitted by the country in which the project coordinating authority is located or by the international organisation acting to protect the environment in the geographical area concerned. Proposals shall be submitted to the Commission before 31 January of each year. The Commission shall decide on these applications in accordance with paragraph 7 before 31 July. Proposals which meet 5. in Article 2(2) and the following specific criteria shall be taken into consideration: the general criteria set out (a) be of interest to the Community, notably through its contribution to implementing regional and international guidelines and agreements; 5. Proposals which meet the general criteria set out in the second and third paragraphs of Article 2 and the following specific criteria shall be taken into consideration: Unchanged 26. 9. 2000 EN Official Journal of the European Communities C 274 E/125 INITIAL PROPOSAL AMENDED PROPOSAL (b) contribute to an approach promoting sustainable devel- opment at international, national or regional level; (c) provide solutions to major environmental problems in the region and the relevant sector; Priority will be given to projects which will promote coop- eration at the trans-frontier, trans-national or regional level. 6. A summary of the main points and the content of the proposals received from the third countries shall be submitted it to the Member States by the Commission. Upon request, the shall place the original documents at Member States for consultation. the disposal of Projects considered for financial support shall be subject 7. to the procedure set out in Article 11. The Commission shall adopt a decision concerning the list of projects selected. 8. The projects approved shall give rise to a contract between the Commission and the beneficiaries setting out the amount of financial assistance, the financial procedures and controls, as well as all the specific technical conditions of the approved project. This list of proposals accepted shall be sent to the Member States. At the Commission’s initiative, accompanying measures 9. to be financed under paragraph 2(b) shall be the subject of calls for expression of interest published in the Official Journal of the European Communities and setting out the specific criteria to be met. Article 6 Participation of accession candidate countries Life shall be open to the accession candidate Central and 1. Eastern Europe countries in accordance with the conditions referred to in the association agreements concluded with those countries and on the basis of provisions of the decision of for each country concerned. the Association Council competent 2. Proposals for projects to be financed under Life-Nature and Life-Environment shall be submitted to the Commission by the national authorities of the countries concerned within the time limits indicated in Article 3(4) and Article 4(5) respectively. Where projects involve more than one country, proposals shall be submitted by the country in which the project coordinating authority or body is located. C 274 E/126 EN Official Journal of the European Communities 26. 9. 2000 INITIAL PROPOSAL AMENDED PROPOSAL Proposals which meet 3. in Article 2(2) and the specific criteria set out in Article 3(5) (b) and Article 4(6) and (7) shall be taken into consideration for Community financial support. the general criteria set out 4. A summary of the main points and of the content of the proposals received by the national authorities of the countries concerned shall be submitted to the Member States by the Commission. Upon request, the original document at the disposal of the Member States for consul- tation. shall place it Projects considered for Life financial support shall be 5. subject either in Article 21 of Directive 92/43/EEC or to that set out in Article 11 of this Regulation according to the type of project proposed. to the procedure set out 6. The projects approved shall give rise to a contract or an agreement between the Commission and the beneficiaries setting out the amount of financial assistance, the financial procedures and controls, as well as all the specific technical conditions of the approved action. The list of proposals accepted shall be sent to the Member States. 7. Where conditions and provisions equivalent to those referred to in paragraph 1 have been established for the other accession candidate countries, Life will be open for participation by those countries in accordance with paragraphs 2-6. 7a The annual breakdown of appropriations devoted to the cofinancing of this instrument by the countries referred to in paragraphs 1 and 7 is published in the general budget, Section III, Part B, Annex IV. Article 7 Unchanged Consistency between financial instruments 1. Without prejudice accession to the candidate countries set out in Article 6, projects receiving aid provided for under the Structural Funds or other Community budget instruments shall not be eligible for financial assistance under this Regulation. conditions for 2. The Commission shall ensure that actions undertaken in the framework of this Regulation are consistent with those undertaken under the Structural Funds, research, technological development other and Community financial instruments. demonstration programmes or 26. 9. 2000 EN Official Journal of the European Communities C 274 E/127 INITIAL PROPOSAL AMENDED PROPOSAL Article 8 Duration of the third phase and budgetary resources 1. Life shall be implemented in phases. The third phase shall start on 1 January 2000 and shall end on 31 December 2004. 2. The budgetary resources allocated to the actions provided for in this Regulation shall be entered in the annual appro- priations of the general budget of the European Communities. The available annual appropriations shall be authorised by the budgetary financial perspective. authority within the limits of the The budgetary resources allocated to the actions provided 2. for in this Regulation, including accompanying measures as defined in Article 3(2)(b), Article 4(2)(c) and Article 5(2)(b), shall be entered in the annual appropriations of the general budget of the European Communities. The available annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective. The amount of resources to be allocated to each of the 3. areas of activity shall be as follows: Unchanged (a) 47 % for actions undertaken under Article 3; (b) 47 % for actions undertaken under Article 4; (c) 6 % for actions undertaken under Article 5. The accompanying measures shall be limited to 5% of the available appropriations. Article 9 Monitoring of projects 1. For any project financed by Life, the beneficiary shall send the Commission technical and financial reports on the progress of work. A final report shall also be sent to the Commission the project. The within three months of completion of Commission shall determine the form and content of the shall be based on the physical and reports. The report in the Commission Decision set out indicators financial approving the projects or in the contract or agreement concluded with the beneficiaries. These indicators shall be such as to indicate the progress of the work, and the objectives to be attained within a specified time limit. 1. For any project financed by Life, the beneficiary shall send the Commission technical and financial reports on the progress of work. A final report shall also be sent to the Commission the project. The within three months of completion of Commission shall determine the form and content of the shall be based on the physical and reports. The report in the Commission Decision set out indicators financial approving the projects or in the contract or agreement concluded with the beneficiaries. These indicators shall be such as to indicate the progress and possible problems of the work, and the objectives to be attained within a specified time limit. Unchanged 2. Without prejudice to the audits carried out by the Court of Auditors in liaison with the competent national audit bodies or departments pursuant to Article 248 of the Treaty, or any inspection carried out pursuant to Article 279(c) of the Treaty, officials and other staff of the Commission may carry out on-the-spot checks, including sample checks, on projects financed under Life. Before carrying out an on-the-spot check, the Commission shall inform the beneficiary unless there are good reasons to suspect fraud and/or improper use. C 274 E/128 EN Official Journal of the European Communities 26. 9. 2000 INITIAL PROPOSAL AMENDED PROPOSAL 3. For a period of five years following the last payment in respect of any action, the beneficiary of financial assistance shall keep available for the Commission all the supporting documents regarding expenditure on the action. On the basis of the results of the monitoring reports and 4. the sample checks Commission shall, the if necessary, adjust conditions of allocation of the financial assistance originally approved and also the timetable for payments. referred to in paragraphs 1 and 2, the scale or 5. The Commission shall take every other step necessary to verify that the projects financed are carried out properly and in compliance with the provisions of this Regultation. Article 10 Protection of Community financial interests 1. The Commission may reduce, suspend or recover the amount of financial assistance granted for a project if it finds irregularities, including non-compliance with the provisions of this Regulation or the individual decision or the contract granting the financial support in question, or if it transpires that, without Commission approval having being sought, the project has been subjected to a major change which conflicts with the nature or implementing conditions of the project. 2. If the time limits have not been observed or if only part of the allocated financial assistance is justified by the progress the Commission shall made with implementing a project, request its observations within a specified period. If the beneficiary does not give a satisfactory answer, the Commission may cancel the remaining financial assistance and demand repayment of sums already paid. the beneficiary to submit 3. Any undue payment must be repaid to the Commission. Interest may be added to any sums not repaid in good time. The Commission shall the implementation of this paragraph. lay down detailed rules for Article 11 Committee For Life-Environment 1. the Commission shall be assisted by a Committee consisting of the representatives of the Member States and chaired by the representative of the Commission. and Life-Third Countries, 26. 9. 2000 EN Official Journal of the European Communities C 274 E/129 INITIAL PROPOSAL AMENDED PROPOSAL 2. The representative of the Commission shall submit to the Committee a draft of the measure to be taken. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 205(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in the abovementioned Article. The Chairman shall not vote. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee. the measures envisaged are not If in accordance with the opinion of the Committee, or if no opinion is delivered, the to the Council a Commission shall, without delay, submit proposal relating to the measures to be taken. The Council shall act by a qualified majority. If, on the expiry of a period of one month from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission. Article 12 Evaluation of the third phase and continuation of Life 1. Not later than 31 December 2003, the Commission shall submit a report to the European Parliament and the Council on the implementation of this Regulation and the use made of the appropriations, and shall, where appropriate, make proposals for any adjustments to be made with a view to continuing the action beyond the third phase. 1. Not later than 31 December 2003, the Commission shall submit a report to the European Parliament and the Council on the implementation of this Regulation, its contribution to the development of Community environmental policy and the use made of the appropriations, and shall, where appropriate, make proposals for any adjustments to be made with a view to continuing the action beyond the third phase. 2. The Council, acting in accordance with the Treaty, shall decide on the implementation of the fourth phase as from 1 January 2005. 2. The European Parliament and the Council, acting in accordance with the Treaty, shall decide on the implementation of the fourth phase as from 1 January 2005. Article 13 Unchanged Repeal of Regulation (EEC) No 1973/92 Regulation (EEC) No 1973/92 is hereby repealed without concluded taken and to contracts financial assistance pursuant 1. prejudice concerning the granting of that Regulation. decisions to 2. References to the repealed Regulation shall be understood as referring to this Regulation and are to be read in accordance with the table of equivalence in the Annex. Article 14 Entry into force This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. C 274 E/130 EN Official Journal of the European Communities 26. 9. 2000 ANNEX TABLE OF EQUIVALENCE ORIGINAL TABLE Regulation (EEC) No 1973/92 This Regulation Article 1 Article 2(1)(a) Article 2(1)(b)(i), (ii) Article 1 Article 3(1) 2(a) Article 4(1)(a) Article 2(1)(b)(iii), first subparagraph Article 4(1)(b) and 2(b) Article 2(1)(b)(iii), indents 1, 2, 3 and 4 - Article 2(2)(a) Article 2(2)(b), (c) Article 2(3) Article 4(a) Article 4(b) Article 5 Article 6 Article 7(1), first subparagraph Article 7(1), second subparagraph Article 7(1), third subparagraph Article 7(2) Article 7(3) Article 8(1) Article 8(2) Article 8(3) Article 9(1) Article 9(2) Article 9(3) Article 9(4) Article 5(1) 2(a) - Articles 3(2)(b), 3(9), 4(2)(c), 4(8), 5(2)(b) and 5(9) Articles 3(3), 4(3), 5(3) - Article 7(1) Article 7(2) Article 8(1) - Article 8(2) - Article 12(1) Article 8(3) Articles 3(3), 4(3) and 5(3) - Articles 3(4), 4(5), and 5(4) - Article 5(4) Articles 3(7), 4(9), and 5(7) Article 9(5), first subparagraph Article 3(5)(a) first indent and 3(5)(b) first indent Article 9(5), second subparagraph, first indent Articles 3(9), and 4(11) Article 9(5), second subparagraph, second indent Article 5(9) Article 9(6) Article 9(a)(1)(a) Article 9(a)(1)(b)(i) Articles 3(7), 4(10), 5(8) Article 2 Article 3(5)(a) and (b) Article 9(a)(1)(b)(ii), indents 1, 2, 3, 4 and 5 Article 4(6) first and second paragraphs Article 9(a)(1)(b)(ii), indent 6 - Article 9(a)(1)(b)(iii), indents 1, 2 and 3 Article 4(6), indents 1, 2 and 3 Article 9(a)(1)(b)(iii), indent 4 Article 9(a)(1)(b)(iv) - - Article 9(a)(1)(c), indents 1, 2, 3 and 4 Article 5(5) Article 9(a)(1)(c), indents 5, 6 Article 9(a)(2) - - 26. 9. 2000 EN Official Journal of the European Communities C 274 E/131 Article 9(b) Article 10(1) Article 10(2) Article 10(3) Article 11(1) Article 11(2) Article 11(3) Article 12(1) Article 12(2) Article 12(3) Article 12(4) Article 13 Article 13(a) Article 14 Article 15 Article 16 Article 17 Regulation (EEC) No 1973/92 This Regulation Article 4(7) indents 2, 3 and 4 - Article 9(2) Article 9(3) Article 10(1) Article 10(2) Article 10(3) - Article 9(1) Article 9(4) - Article 11 Article 6 - - - - AMENDED TABLE Regulation (EEC) No 1973/92 This Regulation Article 1 Article 2(1)(a) Article 2(1)(b)(i), (ii) Article 2(1)(b)(iii), first subparagraph Article 1 Article 3(1) and 2(a) Article 4(1)(a) and 2(a) Article 4(1)(b) and 2(b) Article 2(1)(b)(iii), indents 1, 2, 3 and 4 - Article 2(2)(a) Article 2(2)(b), (c) Article 2(3) Article 4(a) Article 4(b) Article 5 Article 6 Article 7(1), first subparagraph Article 7(1), second subparagraph Article 7(1), third subparagraph Article 7(2) Article 7(3) Article 8(1) Article 8(2) Article 8(3) Article 9(1) Article 9(2) Article 5(1) and 2(a) - Article 3(2)(b), 4(2)(c), 5(2)(b) Article 3(3), first subparagraph, 4(3), first subparagraph, 5(3) - Article 7(1) Article 7(2) Article 8(1) - Article 8(2) - - Article 8(3) Articles 3(3), 4(3) Articles 3(3)(a), 4(3), third subparagraph, 5(3) Articles 3(4), 4(5), 4(8) - C 274 E/132 EN Official Journal of the European Communities 26. 9. 2000 Regulation (EEC) No 1973/92 This Regulation Article 9(3) Article 9(4) Article 5(4) Articles 3(6), 4(9), 5(6) Article 9(5), first subparagraph Article 3(7), first subparagraph, 4(10), 5(7) Article 9(5), second subparagraph, first indent Articles 3(7), second subparagraph, 4(11) Article 9(5), second subparagraph, second indent Article 5(8) Article 9(6) Article 9(a)(1)(a) Article 9(a)(1)(b)(i) Article 9(a)(1)(b)(ii), indents 1, 2, 3, 4 and 5 Article 9(a)(1)(b)(ii), indent 6 Article 9(a)(1)(b)(iii) Article 9(a)(1)(b)(iv) Article 9(a)(1)(c), indents 1, 2, 3 and 4 Articles 3(7), second subparagraph, 4(11), 5(8) Article 2 Article 3(5) Article 4(6) - Article 4(6) - Article 5(5) Article 9(a)(1)(c), indents 5, 6 Article 2, second subparagraph, (b) and c) Article 9(a)(2) Article 9(b) Article 10(1), indent 1 Article 10(1), indents 2 and 3 Article 10(2) Article 10(3) Article 11(1) Article 11(2) Article 11(3) Article 12(1) Article 12(2) Article 12(3) Article 12(4) Article 13 Article 13(a) Article 14 Article 15 Article 16 Article 17 - Article 4(7)(b)(c) and (d) Article 9(5) - Article 9(2) Article 9(3) Article 10(1) Article 10(2) Article 10(3) - Article 9(1) Article 9(4) - Article 11 Article 6 - - - -