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"BCOUNCIL REGULATION (EEC) No 3528/86
of 17 November 1986
on the protection of the Community’s forests against atmospheric pollution
(OJ L 326, 21.11.1986, p. 2)
Amended by:
Official Journal
No page date
"M1 Council Regulation (EEC) No 1613/89 of 29 May 1989 L 165 8 15.6.1989
"M2 Council Regulation (EEC) No 2157/92 of 23 July 1992 L 217 1 31.7.19921986R3528 — EN — 01.01.1992 — 002.001 — 1
COUNCIL REGULATION (EEC) No 3528/86
of 17 November 1986
on the protection of the Community’s forests against atmospheric
pollution
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles 43 and 235 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the Εuropean Parliament (2),
Having regard to the opinion of the Εconomic and Social Commitee (3),
Whereas forests play an essential part in maintaining fundamental
balances, particularly as regards soil, water, climate, fauna and flora;
whereas they therefore contribute to the development of agriculture, a
sector in which production conditions and, in some cases, the very
existence of activity depend largely on the presence and health of
neighbouring forests;
Whereas atmospheric pollution, through its directly and indirectly
harmful effects on forest vegetation and soil, contribute to the
deterioration and even death of forest trees; whereas the increase in
damage suffered by forests is giving rise to concern in the Community;
Whereas the protection of forests against this damage is thus a matter of
particular importance and urgency in the Community; whereas the
Community must for its part contribute to the improvement of such
protection;
Whereas the chief objective of the Community scheme must be to
establish, on the basis of an appropriate observation network, a uniform
periodic inventory of the damage caused to forests;
Whereas, in particular on the basis of the data thus obtained, periodic
forest helath reports with refernce to atmospheric pollution must be
scientifically drawn up in order to determine the extent of damage and
monitor its progress in the different regions of the Community;
Whereas it is necessary to improve methods of observing and measuring
damage to forests, as well as the understanding of atmospheric pollution
in forests and the effects of such pollution on forests; whereas methods
of maintaining and restoring damaged forests must be devised; whereas
to that end the Community must encourage the carrying out of field
experiments and pilot and demonstration projects;
Whereas the Commission should be responsible for coordinating and
monitoring the Community scheme and to that end must be able to call
on the services of research institutes and scientific advisers;
Whereas to facilitate implementation of the measures envisaged,
provision should be made for a procedure establishing close cooperation
between the Member States and the Commission;
Whereas before the end of a five-year period the measures taken must be
reviewed in the light, inter alia , of the experience acquired and the
progress of the damage observed;
Whereas the Community should help to finance Community schemes for
the protection of forests against atmospheric pollution;!B
(1) OJ No C 187, 13. 7. 1983, p. 9.
(2) OJ No C 172, 2. 7. 1984, p. 87.
(3) OJ No C 358, 31. 12. 1983, p. 50.1986R3528 — EN — 01.01.1992 — 002.001 — 2
Whereas, given the innovatory nature of some of the measures provided
for, it is appropriate to review the financial aspects of this Regulation
after a period of two years, to enable any necessary budgetary
adjustments to be made;
Whereas the Treaty has not provided for all the powers necessary for this
purpose,
HAS ADOPTED THIS REGULATION:
Article 1
A Community scheme is hereby established to protect forests against
atmospheric pollution, hereinafter referred to as ‘scheme’, in order to
provide increased protection for forests in the Community and thereby
contribute in particular to safeguarding the productive potential of
agriculture.
Article 2
1. The aim of the scheme shall be to help the Member States to:
— establish, on the basis of common methods, a periodic inventory of
damage caused to forests, in particular by atmospheric pollution;
— establish or extend, in a coordinated and harmonious way, the
network of observation plots required to draw up that inventory;
— conduct intensive, continuous surveillance of forestry ecosystems;
— establish or extend, in a coordinated and harmonious way, a network
of permanent observation plots required for such intensive, continu-
ous surveillance.
2. The Member States shall forward to the Commission the data
gathered by the network of observation plots and by the network of
observation plots for intensive, continuous surveillance referred to in
paragraph 1.
3. The detailed rules for the implementation of this Article and in
particular those relating to the gathering, type, comparability and
transmission of the data collected shall be laid down in accordance with
the procedure provided for in Article 7.
Article 3
1. Each Member State shall, using a uniform scientific method, draw
up, in particular on the basis of the inventory data referred to in Article 2,
a periodic forest health report with reference to atmospheric pollution. It
shall forward it to the Commission.
2. The detailed rules for implementing this Article shall be laid down
according to the procedure provided for in Article 7.
Article 4
1. The scheme shall aim at encouraging the carrymg out of:
— experiments in the field to improve understanding of atmospheric
pollution in forests and its effects on forests and to devide methods
of maintaining and restoring damaged forests,
— pilot and demonstration projects to improve methods of observing
and measuring damage to forests,
— pilot projects to maintain damaged forests.!B
!M2
!B
!M11986R3528 — EN — 01.01.1992 — 002.001 — 3
2. Before 1 November each year, Member States shall submit to the
Commission, in respect of the following year, the experiments and
projects to be carried out under this Regulation. For the first year, the
experiments and projects shall be submitted within three months
following the entry into force of this Regulation.
3. The Member States shall inform the Commission of:(a) the geographical areas concerned;(b) the existing situation and the objectives to be attained;(c) an estimate of costs plus, where appropriate, an indication of the
projected expenditure rate.
4. The detailed rules and criteria of implementation of this Article shall
be adopted in accordance with the procedure laid down in Article 7.
Article 4a
1. A programme is hereby introduced for the synoptic processing of
information on knowledge of atmospheric pollution in woodland and its
effects.
2. In drawing up and monitoring this programme the Commission may
call on specialized institutes.
3. The programme shall be adopted by the Commission in accordance
with the procedure laid down in Article 8.
Article 5
The Commission shall be responsible for coordinating and monitoring
the scheme. It may, in particular, call on the services of research
institutes and scientific advisers.
Article 7
1. Where the procedure laid down in this Article is to be followed,
matters shall be referred to the Standing Forestry Committee set up by
Decision 89/367/EEC (1), by its Chairman, either on his own initiative or
at the request of a Member State.
2. The representative of the Commission shall submit to the Committee
a draft of the measures to be adopted. 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 provided for in Article 148 (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
that Article. The Chairman shall not vote.
3. (a) The Commission shall adopt the intended measures when they
are in accordance with the Committee’s opinion.
(b) Where the intended measures are not in accordance with the
opinion of the Committee, or in the absence of any opinion, the
Commission shall forthwith submit to the Council a proposal
relating to the measures to be taken. The Council shall act by a
qualified majority.
If, on the expiry of three months from the date on which the matter was
referred to it, the Council has not adopted any measures, the Commission
shall adopt the proposed measures and apply them immediately.!B
(1) OJ No L 165, 15. 6. 1989, p. 14.!M1
!B
!M1
!M21986R3528 — EN — 01.01.1992 — 002.001 — 4
Article 8
Where this Article is referred to, the Committee shall act as an Advisory
Committee.
Article 9
1. The Committee shall be consulted, within the meaning of Article 8,
on:
— the periodic reports referred to in Article 3,
— the experiments and projects referred to in Article 4, prior to any
Commission decision on their financing,
— the development of the coordination and monitoring activities
referred to in Article 5.
2. The Committee may examine within the meaning of Article 8 any
other question within the scope of this Regulation raised by its Chairman,
either on his own initiative or at the request of a representative of a
Member State.
Article 11
1. The scheme is scheduled to run for 10 years from 1 January 1987.
2. The amount of Community financial resources deemed necessary for
implementation of the scheme is ECU 29,4 million for the period 1992 to
1996, including ECU 4,2 million for 1992 in the context of the 1988 to
1992 financial perspective.
For the subsequent period of application of the programme, the amount
will have to form part of the Community financial framework in force.
The budgetary authority shall determine the appropriations available for
each financial year, taking into account the principles of sound
management referred to in Article 2 of the Financial Regulation of 21
December 1977 applicable to the general budget of the European
Communities. (1)
3. Before expiry of the period referred to in paragraph 1, the
Commission shall submit to the Council a report on the application of
this Regulation accompanied, if appropriate, by a proposal for its
extension.
Article 12
The Conmmunity financial contribution to the measures involved in the
scheme shall be as follows:
(1) Periodic inventory and network of observation points (Article 2):
Maximum of "M150 %3of the expenditure approved by the
Commission.
(2) Experiments, pilot projects and demonstration (Article 4):
Maximum of "M150 %3of the expenditure approved by the
Commission.!B
(1) OJ No L 356, 31. 12. 1977, p. 1. Regulation as last amended by Regulation
(EEC) No 610/90 (OJ No L 70, 16. 3. 1990, p. 1).!M1
!M2
!B1986R3528 — EN — 01.01.1992 — 002.001 — 5
Article 13
Member States shall designate the authorities and agencies empowered
to carry out the measures adopted in accordance with this Regulation as
well as the authorities and agencies to which the Commission will
reimburse the sums corresponding to the Community’ s financial
contribution.
Article 14
Member States shall adopt, in accordance with their national laws,
regulations and administrative provisions, the measures necessary to:
— ensure that the operations financed by the Community are actually
carried out and that they are carried out in the proper manner,
— prevent irregularities,— recover sums lost as a result of any irregularity or negligence.Member States shall provide the Commission with all the necessary
information and shall make any arrangements which may facilitate the
checks, including on-the-spot inspections, with the Commission con-
siders appropriate for the purposes of managing Community financing.
Member States shall inform the Commission of the arrangements made
to this end.
Article 15
The Commission shall submit an annual report to the European
Parliament and the Council on progress in the field covered by this
Regulation.
Article 16
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.!B1986R3528 — EN — 01.01.1992 — 002.001 — 6