OPINION OF THE COMMISSION pursuant to Article 251 (2) (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on measures to promote the full integration of the environmental dimension in the development process of developing countries AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the EC Treaty

1. Introduction

Article 251(2)(c) of the EC Treaty provides that the Commission shall deliver an opinion on amendments proposed by the European Parliament on second reading.

Below is the Commission's opinion on the 13 amendments proposed by Parliament, accepted as follows: 11 amendments fully accepted, one accepted in part and the thirteenth also accepted but incorporated in a different clause to that envisaged by Parliament.

2. Background

a) On 28 January 1999 the Commission sent to the Council and the European Parliament a proposal for a regulation (COM(1999) 36 final- COD 1999/0020) dated 28 January 1999.

b) The Economic and Social Committee delivered its opinion on 7 July 1999.

c) The Committee of the Regions informed the Council that it did not intend to express an opinion on the proposal.

d) On 5 May 1999, on the first reading, Parliament adopted a favourable resolution containing 53 amendments to the Commission proposal.

e) On 2 February 2000 the Commission adopted an amended proposal for a decision under Article 250(2) of the Treaty, incorporating in full or in part 28 of the 53 amendments proposed by Parliament (COM(2000) 55 final- COD 1999/0020) dated 2 February 2000.

f) On 17 December 1999 the Council adopted its common position.

g) On 15 March 2000, on the second reading, Parliament adopted a favourable legislative resolution comprising 13 amendments to the common position.

3. Purpose of the proposal

This proposal is regarded as a crucial instrument to help the Commission support its legal and political commitments on environmental protection in the context of sustainable development. It should ensure the continuation of measures taken under Council Regulation (EC) No 722/97 of 22 April 1997, which expired on 31 December 1999. It envisages a new legal instrument reflecting relevant developments within the Community and internationally on the environmental front, and experience acquired in implementing the earlier legislation. The proposed regulation lays down a framework for administering budget heading B7-6200, the financial instrument most directly available to the Community for fulfilment of the commitments here referred to.

4. Commission opinion on the European Parliament's amendments

4.1. Amendments accepted by the Commission

- Amendments 19, 20 and 21 relate to the provisions for a split comitology arrangement. The adoption of individual projects and programmes would be subject to an advisory procedure, while the choice of strategic guidelines would come under a management committee. This is in line with the Commission's general desire to strengthen the role of committees in strategic considerations while reducing the scrutiny of individual projects.

- Amendments 1 to 8 are of secondary importance and burden the text with repetitious material and detail. The Commission accepts them purely in a spirit of compromise and in the knowledge that the Council for its part is also willing to accept them.

4.2. Amendment accepted by the Commission in part

- Amendment 11 relates to the compromise over the financial allocation. It was stated during discussions in the Council working party that favourable consideration would be given to a figure of EUR93 million and the Commission can support this proposal. However, amendment 11 also inserts a clause requiring the Commission to submit a proposal for a further allocation to Parliament and the Council by the end of 2005. This clause is now superfluous in that the proposed legal instrument is no longer of unlimited duration.

4.3. Amendment accepted by the Commission but placed in a different clause

- Amendment 9 concerns coordination with non-governmental organisations. The Commission does not feel this topic should be incorporated in Article 5(5)(b), not because it is opposed in principle but because that provision deals with Treaty-based obligations regarding cooperation with Member States. A more appropriate place for the amendment would be as an addition to Article 5(6).

5. Conclusion

Under the terms of Article 250(2) of the EC Treaty, the Commission amends its proposal in accordance with the above.