No C 30/8 Official Journal of the European Communities 4.2.83 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Article 14 
1. Member States shall allow undertakings which 
do not carry on insurance in their territories in any 
class other than assistance a period of five years, 
commencing on the date of adoption of this 
Directive, in order to comply with the requirements 
of Articles 16 and 17 of the First Directive. Article 14 
1. Member States shall allow undertakings 
providing in their territories assistance only a period 
of five years commencing on the date of adoption of 
this Directive in order to comply with the 
requirements of Articles 16 and 17 of the First 
Directive. 
Paragraphs 2, 3 and 4 unchanged 
Article 15 
Member States shall allow agencies and branches 
referred to in Title III of the First Directive which 
provide in their territories assistance insurance only a 
maximum period of five years commencing on the 
date of adoption of this Directive in order to comply 
with the requirements of Article 25 of the First 
Directive provided such agencies or branches do not 
extend their business pursuant to Article 10 (2) of the 
First Directive. Article 15 
Member States shall allow agencies and branches, 
referred to in Title III of the First Directive and 
providing in their territories assistance only, a 
maximum period of five years commencing on the 
date of adoption of this Directive in order to comply 
with the requirements of Article 25 of the First 
Directive provided such agencies or branches do not 
extend their business pursuant to Article 10 (2) of the 
First Directive. 
Articles 16 to 18 unchanged 
Proposal for a Council Regulation on action by the Community relating to the 
environment (ACE) 
(Submitted by the Commission to the Council on 13 January 1983) 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the 
European Economic Community, and in particular 
Article 235 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas, pursuant to Article 2 of the Treaty, the 
Community has as its task inter alia to promote 
throughout the Community a harmonious 
development of economic activities, a continuous and 
balanced expansion and an increase in stability; Whereas in its Declaration of 22 November 1973 (') 
the Council adopted the action programme of the 
European Communities on the environment which 
was continued and extended on 17 May 1977 (2), and 
again on 17 December 1982 for the period 1982 to 
1986; 
Whereas, in order to ensure that the objectives 
formulated in this action programme are fully 
realized, it is necessary that the Community should 
contribute financially towards the carrying out of 
certain specific measures and, for this purpose, the 
European Parliament has allocated funds to specific 
budget headings with a view to constituting a 
'European Fund for the Evironment'; 
Whereas the development of clean technologies is a 
particularly appropriate way of ensuring a preventive 
(») OJ No C 112, 20. 12. 1973, p. 1. 
OOJNoC 139, 13.6. 1977, p. 1. 
4. 2. 83 Official Journal of the European Communities No C 30/9 
reduction in pollution and a more careful use of 
natural resources in the most economically sensible 
fashion; 
Whereas the development of clean technologies will 
have a positive effect on innovation and employment; 
Whereas use should be made of certain results of the 
Community research and development programmes 
relating to the environment (') and raw materials (2); 
Whereas, in order to ensure that the objectives of 
Council Directive 79/409/EEC of 2 April 1979 on 
the conservation of wild birds (3) and the resolution 
relating thereto (4) are fully realized, it is important 
that the Community should be able to make an 
effective contribution towards the establishment of a 
consistent network of protected areas ensuring the 
conservation of the species covered by that Directive; 
Whereas the creation, conservation, maintenance and 
appropriate management of nature protection areas 
are essential to the implementation of that Directive; 
Whereas there are similar obligations arising from the 
Berne Convention on the conservation of European 
wildlife and natural habitats and the Bonn 
Convention on the conservation of migratory species 
of wild animals, approved by Council Decisions 
82/72/EEC (5) and 82/461/EEC (6) respectively, and 
from the Protocol to the Barcelona Convention for 
the protection of the Mediterranean Sea against 
pollution, approved by Council Decision 
77/585/EEC (7) to which the Community is, or is 
preparing to be, a Contracting Party; 
Whereas the creation, maintenance and appropriate 
management of certain areas which provide a habitat 
for threatened or migratory species are of genuine 
Community interest; 
Whereas these areas are in particular threatened by 
certain economic activities, and measures should 
therefore be encouraged to restrict, transfer or put an 
end to such activities; 
Whereas it is necessary that the Community should, 
within the limits of the budget funds available, grant 
financial support for projects relating to clean 
technologies and for schemes for the conservation of 
nature protection areas of Community importance; 
(') OJNoLlOl, 11.4. 1981, p. 1. 
(2) OJ No L 174, 21. 6. 1982, p. 23. 
(5) OJ No L 103, 25. 4. 1979, p. 1. 
(4) OJ No C 103, 25. 4. 1979, p. 6. 
(5)OJNoL38, 10.2. 1982, p. 1. 
(') OJ No L 210, 19. 7. 1982, p. 10. 
O OJ No L 240, 19. 9. 1977, p. 1. Whereas an Advisory Committee should be set up in 
order to assist the Commission in selecting the 
projects to be financially supported; 
Whereas the Treaty has not provided the necessary 
powers, 
HAS ADOPTED THIS REGULATION: 
Article 1 
The purpose of this Regulation is to establish a 
system of financial support for certain specific types 
of investment relating to environment policy in the 
Community. 
Article 2 
1. Under the conditions laid down below, the 
Community may grant financial support for: 
(a) the development of new technologies which are 
'clean'; 
(b) measures to protect the natural environment in 
sensitive areas of Community interest. 
2. The financial support referred to in paragraph 1 
shall be granted within the framework of the appro­
priations provided for this purpose in the general 
budget of the European Communities. 
TITLE I 
New technologies which are 'clean' 
Article 3 
1. The financial support referred to in Article 2 (1) 
(a) may be granted for projects contributing towards 
the systematic development of new technologies 
which are 'clean', i.e. which cause little or no 
pollution and are more economical of natural 
resources, in particular raw materials, and the 
development of new, more effective techniques for 
monitoring the quality of the natural environment. 
2. However, projects to make rational use of 
energy which come under other Community 
programmes shall not be eligible. 
3. Financial support shall not exceed 50 % of the 
cost of projects and/70 % of the cost of descriptive 
analyses. 
Article 4 
Applications for financial support for projects covered 
by this Title from individuals or undertakings in the 
Community, following an invitation to submit 
projects prepared by the Commission after consul­
tations within the Committee provided for in Article 
No C 30/10 Official Journal of the European Communities 4.2.83 
15 and published in the Official Journal of the 
European Communities, shall be sent to the 
Commission and shall contain the following infor­
mation : 
— a detailed description of the project, and in 
particular the organization of its administration 
and the results expected, 
— the time-scale for carrying out the project, 
— the nature and extent of the technical and 
economic problems involved in the project; 
— the cost of the project, its viability and the 
financing arrangements proposed, 
— the extent to which the relevant experience may 
provide encouragement for the widespread intro­
duction of the technique, process or product in 
the Community, the general application prospects 
for this technique, process or product and the 
benefits thereby obtainable for the economy as a 
whole, 
— any other information which may justify the 
Community support requested, 
— how it is proposed to disseminate the results of 
the project. 
Article 5 
The degree of detail of the information to be 
furnished confidentially to the Commission, to 
government bodies in the Member States or to the 
public, and the procedures and measures for making 
such information available shall be determined by the 
Commission after consulting the Advisory Committee 
referred to in Article 15. 
Article 6 
In the event of commercial exploitation of the results 
of a project, the Commission may request repayment 
of its financial contribution in accordance with 
procedures to be laid down in the contract. 
Article 7 
The benefits granted by the Community must not 
adversely affect the conditions of competition in a 
manner incompatible with the principles embodied in 
the relevant provisions of the Treaty. 
TITLE II 
Sensitive areas of Community interest 
Article 8 
1. The financial support referred to in Article 2 (1) 
(b) may be granted for projects (including land-
acquisition projects) contributing towards the protection of the natural environment in sensitive 
areas of Community interest such as those covered by 
Directive 79/409/EEC, the Berne Convention on the 
conservation of European wildlife and natural 
habitats, the Bonn Convention on the conservation of 
migratory species of wild animals, and the Protocol 
to the Barcelona Convention for the protection of the 
Mediterranean Sea against pollution. 
2. Expenditure intended to compensate for 
restricting economic activities in areas such as those 
defined in paragraph 1 in order to safeguard habitats 
shall also be eligible, subject to guarantees given by 
the public authorities in accordance with procedures 
to be laid down in each contract. 
Article 9 
Applications for financial support for projects covered 
by this Title from individuals or undertakings in the 
Community shall be sent to the Commission and shall 
contain a detailed description of the project, and in 
particular the following information: 
— the organization of its administration, and the 
expected results, 
— the time-scale for carrying out the project, 
— the nature and extent of the problems which the 
project is intended to resolve, 
— the cost of the project, its viability and the 
financing arrangements proposed, 
— any other information which may justify the 
application, 
— how it is proposed to disseminate the results of 
the project. 
Article 10 
Financial support shall not exceed 50 °/o of the cost of 
projects and 70 % of the cost of descriptive analyses. 
Article 11 
The Commission shall examine the applications 
submitted, and shall decide as to the grant of 
financial support on the basis of the importance of 
the zone at Community level, and of the urgency of 
financial support, after consultations within the 
Committee referred to in Article 15. 
TITLE III 
General and final provisions 
Article 12 
Financial support under this Regulation may be 
granted to the natural persons or legal persons 
4. 2. 83 Official Journal of the European Communities No C 30/11 
constituted in accordance with the laws in force in 
the Member States who are responsible for the 
project or the descriptive analysis. 
If the creation of a legal entity for the purpose of 
carrying out a project will involve additional costs for 
the participating undertakings, the project may be 
carried out simply by cooperation between natural or 
legal persons. In that case, the liability for the 
obligations resulting from Community support shall 
be specified in the contract. 
Article 13 
The Commission shall negotiate and conclude the 
necessary contracts. 
The person in receipt of Community support shall 
send to the Commission, each year or at its request, a 
report on the fulfilment of the contractual obligations 
towards the Commission and, in particular, the 
progress of work on the project and the expenditure 
incurred in carrying it out. 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the 
European Econimic Community, and in particular 
Articles 43 and 235 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas certain provisions of the customs rules 
stipulate that the customs authorities are either 
obliged or entitled to require security to be given to 
ensure payment of a customs debt which has been or 
may be incurred; 
Whereas, since the giving of security involves sub­
stantial expense, it is important that all Community Article 14 
A list of the measures for which Community aid has 
been granted shall be published each year in the 
Official Journal of the European Communities. 
Article 15 
1. An Advisory Committee consisting of represen­
tatives of the Member States and chaired by a 
Commission representative is hereby set up. 
2. The work of the Committee shall be 
confidential. 
3. The Committee shall adopt rules of procedure. 
Article 16 
The Commission shall submit an annual report on the 
implementation of the Regulation to the European 
Parliament and to the Council. 
Article 17 
This Regulation shall into force on the 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. 
traders, irrespective of the Member State in which 
they are situated, be subject to the same rules in 
regard inter alia to the manner in which such security 
may be given, the calculation on the amount thereof 
and the use to which it is put; whereas it is 
accordingly necessary to adopt provisions on this 
matter at Community level; 
Whereas, where security is required, it must be given 
by the person by whom the customs debt has been or 
may be incurred; whereas no security should be 
required where that person is a public authority since 
there is no risk of failure to pay the amount of the 
customs debt involved; whereas the cost involved in 
the provision of security, both for traders and for the 
competent authorities, may be disproportionate to the 
real risk of non-payment of the customs debt where 
the amount of the latter does not exceed a certain 
limit; whereas the competent authorities must 
therefore have the right to waive security for customs 
debts below that limit; Proposal for a Council Regulation on the security to be given to ensure payment of a 
customs debt 
(Submitted by the Commission to the Council on 14 January 1983)