[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 28.6.2006

COM(2006) 355 final

2004/0218 (COD)

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251 (2) of the EC Treaty concerning the

common position of the Council on the adoption of a regulation of the european parliament and of the council concerning the Financial Instrument for the Environment (LIFE+)

2004/0218 (COD)

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251 (2) of the EC Treaty concerning the

common position of the Council on the adoption of a regulation of the european parliament and of the council concerning the Financial Instrument for the Environment (LIFE+)

1. BACKGROUND

- On 29 September 2004 the Commission adopted a proposal for a Regulation of the European Parliament and of the Council[1] concerning the Financial Instrument for the Environment (LIFE+) for adoption by the co-decision procedure as laid down in Article 251 of the EC Treaty.

- The Committee of the Regions and the European Economic and Social Committee delivered their Opinions in April 2005.

- The European Parliament adopted its position at a first reading on 7 July 2005.

- The Council adopted a partial political agreement on 2 December 2005.

- The Commission adopted a revised proposal on 24 May 2006[2].

- The Council adopted its Common Position on 27 June 2006.

2. OBJECTIVE OF THE COMMISSION PROPOSAL

The proposed Regulation is one of several relating to the financial framework for 2007 to 2013, but the only proposal specific to the environment. Its objective is :

- to provide specific support at Community level for measures and projects with European added value for the implementation, updating and development of Community environmental policy and legislation, in particular the implementation of the sixth Community Environment Action Programme (while funding for investments and management measures benefiting the environment would generally be available through other financial instruments); and

- to replace a number of existing programme (while some elements of the current LIFE regime would be integrated into other financial instruments).

The aim of this "integrated approach" is to provide more scope for co-financing, to encourage jointed-up policy making and better enable funding to reflect national and regional priorities.

3. COMMENTS ON THE COMMON POSITION

3.1. General comments

At its plenary session of 7 July 2005 the European Parliament adopted 37 amendments (plus 1 in part) out of the 44 that were tabled. Out of the 37 amendments (plus 1 in part) 4 were acceptable to the Commission in principle or in part as they clarified or improved the original proposal.

The common position amends the Commission's proposal by :

- including a specific component in respect of nature and biodiversity;

- defining more clearly the concept of European added value;

- clarifying the role of the Member States, the national agencies and the Commission in the programme planning and delivery mechanisms; and,

- setting out a budget for the programme.

3.2. Detailed comments

Following work by the Council and specifically the conclusions drawn by the partial political agreement of 2 December 2005 the Commission has been able to accept either verbatim or in principle a greater number of amendments.

3.2.1. Parliamentary amendments accepted by the Commission and incorporated in full, in part or in principle in the common position

The following amendments have been accepted in whole or in part :

- 12, 15 (part), 34 and 42 in that the drafting of Article 3 concerning the eligibility criteria and specifically those relating to European added value, as well as a nature and biodiversity component, are included in the common position;

- 26 as regards ring-fencing for nature and biodiversity and 44 insofar that annex 2 of the Commission proposal has been deleted;

- Article 5 is consistent with amendment 34 as a maximum co-financing rate is set and is partly consistent with 13 in allowing a higher rate for certain nature projects;

- Complementarity is enshrined in the common position (Article 10) and therefore the aim of amendment 23. Amendment 27 is taken into account as regards monitoring checks by the Commission;

- 36 for NGO funding as there continues to be a need to provide funding at a European level for certain NGOs;

- 14 in that Article 6 makes it clear that LIFE+ could fund transnational measures, and 16 which gives Member States flexibility to take account of national and regional priorities;

- There is broad consistence with amendment 29 which ensures all key decisions would be subject to a comitology procedure;

- Evaluation and follow up are included by way of amendments 19, 32 and 33;

- 9 and 24 are included in the recitals to the draft Regulation;

3.2.2. Parliamentary amendments rejected by the Commission and the Council and not incorporated in the common position

The following amendments have not been included either in whole or in part :

- 43 as regards the Parliament's proposal for an increased budget because the current budget figure forms part of the agreed financial perspectives;

- 21 as a list of possible beneficiaries may prove to be restrictive and there is a need for the programme to be a s flexible as possible

- 15 (part), 17, 18 and 37 (part) as a co-decision procedure as regards the multi-annual programme would be excessive in terms of time;

- 28, 30 and 31 as they deviate from the procedures laid down in Decision 1999/468/EC;

- 20 as the Commission can not ensure the implementation of the requirement on job creation;

- 1-8 as these recitals are no longer needed to motivate the text

- 11 as regards the general objective of the Regulation.

4. CONCLUSION

The changes introduced by the Council help to clarify the Commission's proposal especially as regards defining more clearly European added value and clarifying the role of the Member States, the national agencies and the Commission in the programme planning and delivery mechanisms. The Commission therefore supports the Common Position adopted by a qualified majority on 27 June 2006; the Commission also takes note of the Council declaration concerning the modification of the programme's budget during the second reading.

[1] COM(2004) 621 final (2004/0218(COD)).

[2] COM(2006) 239 final.