Proposal for a Council Regulation (EC) amending Council Regulation (EEC) No 1973/92 establishing a financial instrument for the environment (LIFE)

(95/C 184/07)

(Text with EEA relevance)

COM(95) 135 final - 95/0093(SYN)

(Submitted by the Commission on 11 May 1995)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular Article 130s (1) thereof,

Having regard to the proposal from the Commission,

In cooperation with the European Parliament,

Having regard to the opinion of the Economic and Social Committee,

Whereas the financial instrument for the environment, LIFE, is being implemented in phases and the first phase ends on 31 December 1995;

Whereas the first paragraph of Article 14 of Council Regulation (EEC) No 1973/92 of 21 May 1992 establishing a financial instrument for the environment (LIFE) (1) provides that the Commission should make proposals for any adjustments to be made with a view to continuing the action beyond the first phase;

Whereas, given the positive contribution of LIFE to the attainment of the objectives of the Community policy on the environment, a second phase for a period of four years ending on 31 December 1999 should be set in motion;

Whereas the experience gained with LIFE during the first phase has highlighted the need to concentrate efforts by reducing the areas of activity likely to benefit from Community financial aid, to simplify management procedures and to define more clearly the selection and evaluation criteria for these activities;

Whereas the efficiency and transparency of the application procedures for LIFE should be improved in line with the principle of subsidiarity,

Whereas the additional protocols to the Europe agreements between the Community and certain central and eastern European countries provide for the participation of those countries in Community programmes, in particular concerning the environment;

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 1973/92 is hereby amended as follows:

1. Article 1 is replaced by the following:

'Article 1

A financial instrument for the environment, hereinafter referred to as "LIFE", is hereby established.

The general objective of LIFE shall be to contribute to the development and implementation of Community environment policy and legislation.`

2. Article 2 is replaced by the following:

'Article 2

The areas of activity eligible for financial support from LIFE are:

1. In the Community:

1.1. nature protection measures:

measures needed to implement Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds and Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora and, in particular, the Natura 2000 European Network;

1.2. other measures designed to implement Community environment policy:

(a) preparatory and support measures designed to help implement Community legislation by increasing the efficiency of structural aid for the environment in the priority sectors in which it is used, namely:

- protection of coastal areas and their rational management,

- reduction of industrial waste, in particular toxic and hazardous waste, including reclamation of contaminated sites,

- water protection, including waste water treatment;

(b) demonstration, promotion and technical assistance projects for local authorities with a view to incorporating environmental factors into regional planning and development;

(c) innovative and demonstration projects designed to promote sustainable development in industrial activities, such as projects to check the economic feasibility of clean technologies, to provide appropriate environmental training for the use of such technologies and to promote environmental audits and ecolabels, etc.:

2. In third countries bordering on the Mediterranean and the Baltic other than the countries of central and eastern Europe which have signed association agreements with the European Union:

(a) technical assistance in the establishment of the administrative structures needed in the environmental sector and in the development of environmental policy and action programmes;

(b) demonstration projects to promote sustainable development.

3. Accompanying measures implemented at the initiative of the Commission needed to analyse, evaluate or promote the projects undertaken under paragraphs 1 and 2 above and dissemination of information on this subject.`

3. Article 3 is deleted.

4. Article 7 is replaced by the following:

'Article 7

1. LIFE shall be implemented in phases. The second phase shall end on 31 December 1999.

2. The budgetary authority shall determine the appropriations available for each year.`

5. Article 8 is replaced by the following:

'Article 8

1. The rate of Community financial support to be provided to each of the areas of activity referred to in Article 2 shall be as follows:

(a) 46 % for measures undertaken under Article 2 (1) (1);

(b) 46 % for measures undertaken under Article 2 (1) (2);

(c) 5 % for measures undertaken under Article 2 (2);

(d) 3 % for measures undertaken under Article 2 (3).

2. The rate of Community financial support for the measures referred to in Article 2 (1) shall normally be 50 % of the eligible cost.

None the less, this rate shall be:

- 30 % of the cost for projects generating significant income,

- by way of exception, a maximum of 75 % of the cost of projects concerning, in the European Union, natural habitats or priority species as defined in Directive 92/43/EEC or populations of birds in danger of extinction.

3. The rate of Community financial support for the technical assistance projects referred to in Article 2 (2) and for the accompanying measures referred to in Article 2 (3) shall be a maximum of 100 % of the cost of these projects.`

6. In Article 9:

- Paragraph 1 is replaced by the following:

'Proposals for measures to be financed shall be submitted to the Commission by the Member States. Where measures involve more than one Member State proposals shall be submitted by the coordinating authority or body.`

- Paragraph 4 is replaced by the following:

'The Commission shall inform the Member States of the content of proposals received in the framework of expressions of interest and of applications submitted by third countries.`

- Paragraph 5 is replaced by the following:

'Measures provided for in Article 2 (1) (1) shall be subject to the procedure set out in Article 21 of Directive 92/43/EEC; other LIFE measures shall be approved in accordance with the procedure provided for in Article 13.

The measures approved shall give rise:

- for projects to be undertaken in the European Community, to an outline decision from the Commission addressed to the Member States concerning proposals which have been accepted and to individual decisions addressed to the beneficiaries concerning specific projects,

- for projects to be undertaken in third countries, to a contract or an agreement setting out the rights and obligations of the partners, as drawn up with the beneficiaries responsible for implementation of the said projects.`

- Paragraph 6 is deleted.

7. A new Article 9a is added as follows:

'Article 9a

1. Requests for financial support shall be for projects meeting the following criteria:

(a) be of Community interest, in particular as a result of:

- the habitats or species concerned, or

- the answers found to a problem frequently encountered in the Community;

(b) make a significant contribution to the implementation of Community environment policy by promoting, in particular, a multinational or biogeographical region approach;

(c) as regards nature conservation projects be aimed at the sites proposed by a Member State under Article 4 of Directive 93/42/EEC or sites classified pursuant to Article 4 of Directive 79/409/EEC or species mentioned in Annexes II and I respectively to those Directives;

(d) as regards, in particular, demonstration, promotion and technical assistance projects:

- be innovative and example-setting and represent progress compared with the current situation or current available technology,

- be capable of promoting widespread application of practices and technologies conductive to environmental protection,

- aim at developing and transferring know-how which can be used in identical or similar situations,

- have a satisfactory cost-benefit ratio and, where appropriate, guarantees of economic viability,

- comply with the polluter pays principle.

2. Requests shall also meet the following conditions:

(a) take account of studies and the means needed to transfer the knowledge acquired only where these activities contribute directly to the objective of the project financed;

(b) in the case of projects other than those referred to in Article 2 (1) (1), exclude:

- any costs concerning investments in heavy infrastructure or investments of a non-innovative structural nature,

- research and technological development activities covered by the framework programme,

- activities already confirmed on an industrial scale;

(c) as regards projects to promote clean technologies and/or which generate income, provide for a financial contribution from the operator at least equal to the Community aid.

3. Applications not meeting the criteria set out in paragraph 1 shall be inadmissible and thus excluded from the evaluation procedure provided for by this Regulation. Costs which are not in accordance with the conditions set out in paragraph 2 shall be regarded as ineligible.`

8. In Article 12, the last sentence of paragraph 4 beginning: 'Every two years, . . .` is deleted.

9. In the second paragraph of Article 13 the words 'without prejudice to Article 8 of Directive 92/43/EEC` are deleted.

10. A new Article 13a, worded as follows, is added:

'Article 13a

The LIFE instrument shall be open to the associated central and eastern European countries (CEECs) in accordance with the conditions referred to in the additional protocols to the association agreements concerning participation in Community programmes (to be concluded) (concluded) with those countries.`

11. Article 14 is replaced by the following:

'Article 14

No later than 31 December 1998, the Commission shall submit a report to the European Parliament and to the Council on the implementation of this Regulation and on the use of appropriations and shall make proposals for any adjustment to be made with a view to continuing the action beyond the second phase.

The Council, acting by a qualified majority on a proposal from the Commission, shall decide on the implementation of the second phase as from 1 January 2000.`

12. A new Article 14a is added:

'Article 14a

Applications for financial support for measures which could not be granted such support because of the inadequacy of the financial resources available in 1995 may be taken into consideration in accordance with the conditions of this Regulation in the context of the 1996 budget year.`

13. The Annex 'Fields of action referred to in Article 2 (1) and indicative allocation of resources referred to in Article 7 (4)` is deleted.

Article 2

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities.

(1) OJ No L 206, 22. 7. 1992, p. 1.