24.1.87 Official Journal of the European Communities No C 18/5 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation on action by the Community relating to the environment 
COM(86) 729 Final 
(Submitted by the Commission to the Council on 30 December 1986) 
(87/C 18/05) 
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 Par­
liament, 
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, continuous and balanced 
expansion and an increase in stability; 
Whereas the Single European Act states that action by 
the Community relating to the environment shall have as 
its objective to preserve, protect and improve the quality 
of the environment, to contribute towards protecting 
human health, and to ensure a prudent and rational 
utilization of natural resources; 
Whereas in its declaration of 22 November 1973 (') the 
Council adopted an action programme of the European 
Communities on the environment which was continued 
and extended on 17 May 1977 (2); whereas, in their 
resolution of 7 February 1983, the Council and the 
representatives of the Governments of the Member States 
meeting within the Council approved the general 
guidelines of an action programme of the European 
Communities on the environment (1982 to 1986) (3); 
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; 
(*) If the Regulation is adopted after the entry into force of the 
Single European Act the legal basis should be changed to 
Article 130 S. 
(') OJNoC 112,20. 12. 1973, p. 1. 
O OJNoC 139, 13.6. 1977, p. 1. 
(3) OJNoC 46, 17. 2. 1983, p. 1. Whereas the development of clean technologies is a 
particularly appropriate way of ensuring a preventive 
reduction in pollution and a more careful use of natural 
resources in the most economically sensible fashion; 
Whereas the development of techniques for recycling 
and reusing waste is necessary for better management of 
waste and/or natural resources; 
Whereas a contribution should be made to the 
development of techniques for locating and restoring 
sites contaminated by hazardous wastes and/or 
hazardous substances; 
Whereas the development of clean technologies and of 
improved techniques for the recycling of waste and for 
the restoration of contaminated sites is likely to have a 
positive effect on innovation and employment and to be 
of particular importance for small and medium sized 
enterprises; 
Whereas experience has shown that it is necessary to 
encourage the development of new techniques and 
methods for measuring and monitoring the quality of the 
natural environment; 
Whereas more use should be made of certain results of 
the Community research and development programmes 
relating to the environment and raw materials; 
Whereas it is important that the Community should be 
able to make a contribution towards the protection, 
maintenance and re-establishment of areas of particular 
Community-wide importance for the conservation of 
nature and especially seriously threatened biotopes which 
are the habitat of endangered species; 
Whereas it is necessary for the Community to be able to 
participate in the implementation of conservation 
programmes, particularly on populations of species in 
danger of extinction in the Community; 
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, to techniques for recycling and reusing 
No C 18/6 Official Journal of the European Communities 24.1.87 
waste, to techniques for locating and restoring sites 
contaminated by hazardous wastes and/or hazardous 
substances, to techniques and methods for measuring 
and monitoring the quality of the natural environment, 
to schemes of importance for the conservation of nature 
and the conservation of species in danger of extinction in 
the Community; 
"Whereas an Advisory Committee should be set up to 
assist the Commission in implementing this Regulation 
and in particular in selecting the projects for which 
financial support may be granted; 
Whereas application of Council Regulation (EEC) No 
1872/84 (') has demonstrated the benefits of a 
Community system to support action relating to the 
environment and the practicability of the procedures 
introduced under that Regulation; 
Whereas the said Regulation should therefore be 
replaced, taking account of new requirements; 
Whereas the Treaty does not provide the necessary 
powers (**), 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. The Community may grant financial support for: . 
(a) demonstration projects aimed at developing new 
clean technologies, i.e. technologies which cause 
little or no pollution and which may also be more 
economical in the use of natural resources; 
(b) demonstration projects aimed at developing 
techniques for recycling and reusing waste; 
(c) demonstration projects aimed at developing 
techniques for locating and restoring sites 
contaminated by hazardous wastes and/or hazardous 
substances; 
(d) demonstration projects aimed at developing new 
techniques and methods for measuring and 
monitoring the quality of the natural environment; 
(e) projects providing an incentive and aimed at contri­
buting towards the protection, maintenance or re-
establishment of areas of particular Community-wide 
importance for the conservation of nature and 
especially of seriously threatened biotopes which are 
the habitat of endangered species and are of 
importance to the Community; 
(«) OJNoL 176, 3.7. 1984, p. 1. 
(**) This whereas should be removed if the legal basis is 
changed to Article 130 S. (f) projects providing an incentive and aimed at 
implementing programmes on the conservation or 
restoration of populations of species in danger of 
extinction in the Community. 
Projects covered by (a), (b), (c) and (d) which are 
eligible for financial support under other Community 
instruments of a structural nature shall be excluded. 
2. The necessary appropriations shall be entered 
annually in the statement of expenditure in the budget of 
the European Communities. 
3. The financial support may: 
(i) be not more than 30 % of the cost of the projects 
referred to in paragraph 1 (a) and (b) and not more 
than 50 % of the cost of the projects referred to in 
paragraph 1 (c) and (d); and normally not more than 
50 % of the cost of the projects referred to in 
paragraph 1 (e) and (f); 
(ii) be over 50 % in exceptional cases where Community 
financial support of 50 % would be insufficient for 
projects referred to in paragraph 1 (e) or (f) 
concerning the habitat or populations of species 
threatened with extinction in the Community; for 
projects referred to in paragraph 1 (e) Community 
financial support shall be not more than 75 %. 
Article 2 
1. To be eligible for financial support, a project must 
be of interest to the Community and in terms of 
protection of the environment and/or the management 
of natural resources. 
2. The projects referred to in Article 1 (1) (a), (b) and 
(c) must: 
— implement innovatory technologies or procedures for 
which the research phase may be considered 
completed but which are still untested or not yet in 
existence in the Community, 
— by their demonstration value, be such as to 
encourage the creation of other installations or the 
application of processes of the same type which are 
capable of noticeably reducing adverse effects on the 
environment, 
— first and foremost concern installations or procedures 
which: 
— because of the large amounts or the particularly 
dangerous nature of their emissions seriously 
harm the environment, or 
— make it possible to recycle or reuse waste of a 
nature posing serious environmental problems or 
— make it possible to locate and/or restore sites 
contaminated by wastes and/or substances 
hazardous to human beings and the environment. 
24.1.87 Official Journal of the "European Communities No C 18/7 
3. The projects referred to in Article 1 (1) (d) must 
cover first and foremost the major air, water and soil 
pollutants and contribute towards harmonization of 
methods of measurement and the compatibility of 
measurement results obtained within the Community. 
4. Financial support for the projects referred to in 
Article 1 (1) (e) shall be commensurate with the 
importance of the area to the Community and with the 
urgency of the need for the financial support in question. 
5. Financial support for the projects referred to in 
Article 1 (1) (f) shall be commensurate with the urgency 
of the need to implement the programme and of the 
need for Community financial support. 
Article 3 
1. Applications for financial support for projects 
covered by Article 1 (1) (a), (b), (c) and (d) that have 
been drawn up in response to an invitation to submit 
projects prepared by the Commission and published in 
the Official Journal of the European Communities shall be 
sent to the Commission, with copies to the competent 
authorities of the Member State concerned. 
2. Applications for financial support for the projects 
referred to in Article 1 (1) (e) shall be sent to the 
Commission by the Member States and contain the 
information specified in Annex I. 
3. Applications for financial support for the projects 
referred to in Article 1 (1) (f) shall be sent to the 
Commission by the Member States and shall contain the 
information specified in Annex II. 
In cases where urgent action is needed to safeguard 
endangered species the Commission may study projects 
of the type referred to in Article 1 (1) (f) on its own 
initiative. 
Article 4 
1. An Advisory Committee consisting of represen­
tatives of the Member States and chaired by a 
Commission representative is hereby set up. The 
Committee shall draw up its rules of procedure. 
2. The Commission shall consult the Advisory 
Committee on, inter alia: 
(i) the general conditions governing submission of the 
applications for financial support referred to in 
Article 3; 
(ii) preparation of the invitations to submit projects 
referred to in Article 3 (1); 
(iii) any additional criteria to be applied in selecting 
projects for which applications for financial support 
have been submitted; (iv) the choice of projects for which financial support is 
to be granted in accordance with Article 5; 
(v) the levels of financial support to be granted to 
projects; 
(vi) the arrangements for disseminating the results. 
3. The Committee shall deliberate on requests for its 
opinion from the Commission. When the Commission 
makes the request it may set a time limit within which 
the Committee should give it the opinion. No vote shall 
be taken at the end of the Committee's deliberations. 
However, each Committee member may ask for his 
opinion to be recorded in the minutes. 
Article 5 
1. The Commission shall decide whether to grant or 
refuse financial support for projects after consulting the 
Advisory Committee referred to in Article 4. 
2. Where appropriate the Commission shall negotiate 
and conclude the necessary contracts. 
Article 6 
Financial support may be granted to the natural persons, 
or the legal persons constituted in accordance with the 
law of the Member States, who are responsible for the 
project. 
If the creation of a legal entity for the purpose of 
carrying out a project involves additional costs for the 
participating undertakings, the project may be carried 
out simply by cooperation between natural or legal 
persons. In that case, responsibility for complying with 
the obligations resulting from Community support must 
be specified in the contract to be concluded with the 
Commission. 
Article 7 
Recipients of Community financial support shall send the 
Commission, each year or at its request, a report on the 
fulfilment of the obligations towards the Commission, 
and in particular on the progress of work on the project 
and the expenditure incurred in carrying it out. 
Article 8 
The benefits granted by the Community must not affect 
conditions of competition in a manner incompatible with 
the principles embodied in the relevant provisions of the 
Treaty. 
NoC18/8 Official Journal of the European Communities 24.1.87 
Article 9 
In the event of commercial exploitation of the results of 
a project, the Community may request repayment of its 
financial contribution in accordance with arrangements 
to be laid down in the contract. 
Article 10 
A list of the measures for which Community financial 
support has been granted shall be published each year in 
the Official Journal of the European Communities. Article 11 
Every three years the Commission shall submit a report 
on the implementation of this Regulation to the 
European Parliament and the Council. 
Article 12 
This Regulation shall enter 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. 
ANNEX I 
List of the particulars to be provided under Article 3 (2) 
The location of the site in question and, where necessary, a map showing the boundaries of the area 
covered by the project, 
the importance of the site to the Community for the conservation of nature and, in appropriate cases, 
the degree of the risk to the biotopes and species concerned, 
the nature and extent of the problems which the project is intended to solve, and in particular the 
nature and extent of the threat, 
a detailed description of the project, and in particular of the organization of its management and of the 
results expected, 
the timetable for carrying out the project, 
the cost of the project, its viability and the financing arrangements proposed, 
the extent to which the Community financial support is urgently needed in order to implement the 
project, 
any other evidence supporting the application, 
the protection provided for the site in question at present and the protection planned, 
the proposed method of disseminating the results of the project. 
ANNEX II 
List of particulars to be provided under Article 3 (3) 
The situation as regards conservation of the endangered species, and in particular the degree and 
immediacy of the threat of extinction, 
detailed description of the project, and in particular of the organization of its management and of the 
results expected, 
the timetable for carrying out the project, 
the cost of the project and the financing arrangements proposed, 
the extent to which Community financial support is urgently needed in order to carry out the project, 
any other evidence supporting the application, 
the proposed method of disseminating the results of the project.