A4-0180/99

Proposal for a Council Regulation (EC) concerning the financial instrument for the environment (Life) (COM(98)0720 - C4-0074/99 - 98/0336 (SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 1

>Original text>

Whereas a financial instrument for the environment should be established to contribute to the development and implementation of Community policy and legislation regarding the environment;

>Text following EP vote>

Whereas a financial instrument for the environment should be established to contribute to

sustainable development in the Community and to the development of Community policy in the field of the environment, with particular regard to the integration of the environment in the other policies, together with the implementation and updating of environmental legislation; whereas that financial instrument must be able to rely on adequate funding, and whereas that funding has not been consistently increased since its inception but has actually decreased;

(Amendment 2)

Recital 4a (new)

>Original text>

>Text following EP vote>

Whereas the scope of assistance under LIFE must not be confined to the area not covered by the other Community financial instruments;

(Amendment 3)

Recital 5

>Original text>

Whereas the efficiency and transparency of the implementation procedures for LIFE and the procedures for providing information to the public and potential beneficiaries should be improved by identifying clearly the three component parts which constitute the instrument;

>Text following EP vote>

Whereas the efficiency

, transparency and methodology of the implementation procedures for LIFE, the procedures for providing and disseminating information to the public and the procedures for cooperation between the potential beneficiaries should be improved by identifying clearly the three component parts which constitute the instrument;

(Amendment 4)

Recital 5a (new)

>Original text>

>Text following EP vote>

Whereas the objective of LIFE-Environment of integrating environmental considerations in land-use development and planning is principally geared towards an urban environment seeking sustainable development, in synergy with pilot projects supported under the URBAN Initiative;

(Amendment 5)

Recital 6

>Original text>

Whereas the experience gained with LIFE during the second phase has highlighted the need to concentrate efforts by specifying more clearly the areas of activity able to benefit from Community financial aid, simplifying the management burden and improving the measures to disseminate information concerning the experience gained and the results achieved;

>Text following EP vote>

Whereas the experience gained with LIFE during the second phase has highlighted the need to concentrate efforts by specifying more clearly the areas of activity able to benefit from Community financial aid, simplifying the management burden and improving the measures to disseminate information concerning the experience gained

, the results achieved and their long-term impact, with a view to promoting the transfer of those results;

(Amendment 6)

Recital 6a (new)

>Original text>

>Text following EP vote>

Whereas the development of Community environmental policy must take account of the results achieved and the experience gained from the individual actions implemented under LIFE;

(Amendment 7)

Recital 7

>Original text>

Whereas preparatory projects should concern the development of new Community activities in the field of the environment;

>Text following EP vote>

Whereas preparatory projects should concern the development of Community

policy in the field of the environment and, consequently, of innovative actions in this field;

(Amendment 8)

Recital 7a (new)

>Original text>

>Text following EP vote>

Whereas the projects selected to receive financial support, particularly under LIFE-Environment, can contribute to the sustainability of socio-economic activities and hence to the creation of jobs;

(Amendment 9)

Recital 11a (new)

>Original text>

>Text following EP vote>

Whereas receipts from third countries constitute resources earmarked for the instrument in question and are entered as such in the corresponding expenditure item;

(Amendment 10)

Recital 12

>Original text>

Whereas mechanisms should be established so that Community assistance may be adapted to the particular features of the projects to be supported;

>Text following EP vote>

Whereas

selection mechanisms should be established so that Community assistance may be adapted to the particular features of the projects to be supported; whereas priorities should be set in relation to the various Community environmental policies;

(Amendment 11)

Recital 13

>Original text>

Whereas it is necessary to establish effective methods of monitoring and evaluation as well as to ensure adequate information for potential beneficiaries and for the public;

>Text following EP vote>

Whereas it is necessary to establish effective methods of monitoring

, evaluation and utilisation of project results in Community policies as well as to ensure adequate information for potential beneficiaries and for the public;

(Amendment 12)

Recital 14a (new)

>Original text>

>Text following EP vote>

Whereas the wealth of biodiversity in Central and Eastern Europe makes it essential that the applicant countries should have the opportunity to participate fully in LIFE III, and whereas, therefore, an increase in appropriations is unavoidable;

(Amendment 13)

Recital 15

>Original text>

Whereas the Council should examine the advisability of continuing the LIFE action beyond the third phase, acting on the basis of a proposal from the Commission;

>Text following EP vote>

Whereas

the European Parliament and the Council should examine the advisability of continuing the LIFE action beyond the third phase, acting on the basis of a proposal from the Commission;

(Amendment 14)

Recital 15a (new)

>Original text>

>Text following EP vote>

Whereas, in 'Europe's Environment: Second Assessment (1998)', the European Environment Agency notes a decrease in biodiversity in Europe;

(Amendment 15)

Article 1, 2nd paragraph

>Original text>

The general objective of LIFE shall be to contribute to the development of Community environment policy, in particular as regards the integration of the environment into other policies and the implementation and updating of environmental legislation.

>Text following EP vote>

The general objective of LIFE shall be to contribute to the development of Community environment policy, in particular as regards the integration of the environment

and of sustainable development into other policies and the implementation and updating of environmental legislation.

(Amendment 16)

Article 2(a) to (c)

>Original text>

(a) be of Community interest by making a significant contribution to the development and, where appropriate, implementation of Community environment policy and legislation,

>Text following EP vote>

(a)

be of Community interest by making a significant contribution to the drawing up of Community environment programmes, policies and legislation and to sustainable development;

>Original text>

(b) be carried out by technically and financially sound participants,

>Text following EP vote>

(b)

be carried out by technically and financially sound participants;

>Original text>

(c) be feasible in terms of technical proposals, management (timetable, budget) and value for money.

>Text following EP vote>

(c)

be feasible in terms of technical proposals, management (timetable, budget) and value for money;

>Original text>

>Text following EP vote>

(ca) contribute to the implementation of a system for managing knowledge, information and experience in order to improve the dissemination and transfer of results.

(Amendment 39)

Article 3(2)(a)

>Original text>

(a) nature conservation projects which further the specific objective set out in paragraph 1 and contribute to maintaining or restoring natural habitats and species populations to a favourable conservation status within the meaning of Directive 92/43/EEC.

>Text following EP vote>

(a)

nature conservation projects which further the specific objective set out in paragraph 1 and contribute to maintaining or restoring natural habitats and species populations to a favourable conservation status within the meaning of Directive 92/43/EEC, including measures for the targeted conversion and development of areas, and the land use thereof, which are necessary on grounds of species and biotope protection.

(Amendment 17)

Article 3(2), 2nd subparagraph (new)

>Original text>

>Text following EP vote>

Priority may be given to projects liable to foster cross-border, transnational or regional cooperation.

(Amendment 18)

Article 3(5)(a), introduction

>Original text>

5. Proposals meeting the general criteria set out in Article 2(2) and the following specific criteria shall be taken into consideration:

>Text following EP vote>

5.

Proposals meeting the general criteria set out in the second and third paragraphs of Article 2 and the following specific criteria shall be taken into consideration:

>Original text>

(a) projects in the European territory of the Member States relating to:

>Text following EP vote>

(a)

projects in the territory of the Member States relating to:

(Amendment 19)

Article 3(8a) (new)

>Original text>

>Text following EP vote>

8a. Any new proposals for the cofinancing of measures essential for the maintenance or re-establishment, at a favourable conservation status, of sites of Community importance within the meaning of Article 8 of Directive 92/43/EEC shall, in so far as they are not funded by LIFE-Environment, be referred by the Commission to other appropriate Community funds.

>Original text>

>Text following EP vote>

The Commission shall report annually on any cofinancing applications arising from Article 3(5)(a) which, within one year, have not been funded either under LIFE-Environment or under other Community cofinancing funds.

(Amendment 20)

Article 4(1)(a), 1st indent

>Original text>

- to integrate environmental considerations in land-use development and planning, in particular in urban areas;

>Text following EP vote>

-

to integrate environmental and sustainable development considerations in land-use development and planning, and as a matter of priority in urban areas;

(Amendment 43)

Article 4(1)(a), 3rd indent

>Original text>

- to recycle waste of all kinds and ensure the sound management of waste streams;

>Text following EP vote>

-

to prevent, reuse, and recycle waste of all kinds and ensure the sound management of waste streams;

(Amendment 44)

Article 4(1)(a), 4th indent

>Original text>

- to reduce the environmental impact of products through an integrated approach to production, distribution and consumption.

>Text following EP vote>

-

to reduce the environmental impact of products through an integrated approach to production, distribution, consumption, recycling or disposal, including the development of cleaner technologies and environment-friendly products.

(Amendment 40)

Article 4(1)(a), 4th indent a (new)

>Original text>

>Text following EP vote>

- to establish plans and demonstration projects for the sustainable management of ground water and surface water;

(Amendment 41)

Article 4(1)(a), 4th indent b (new)

>Original text>

>Text following EP vote>

- to establish plans and demonstration projects for reducing air pollutants that affect the climate.

(Amendment 21)

Article 4(1)(b)

>Original text>

(b) to the development of new environmental actions.

>Text following EP vote>

(b)

to the development of Community environmental policy through new actions in this field.

(Amendment 22)

Article 4(2)(c) and 2nd subparagraph (new)

>Original text>

(c) accompanying measures required to evaluate, monitor, and promote the actions undertaken during this phase and during the first two phases, for the exchange of experience between projects and for the dissemination of information on the experience gained and the results obtained with such actions.

>Text following EP vote>

(c)

accompanying measures required to evaluate, monitor, and promote the actions undertaken during this phase and during the first two phases, for the exchange of experience between projects and for the dissemination of information on the experience gained and the transferof the results obtained with such actions.

>Original text>

>Text following EP vote>

Priority may be given to projects liable to foster cross-border, transnational or regional cooperation.

(Amendment 23)

Article 4(4)

>Original text>

4. As far as demonstration projects are concerned, guidelines will be established by the Commission, after opinion by the Committee provided for in Article 11, and published in the Official Journal of the European Communities.

>Text following EP vote>

4.

As far as demonstration projects are concerned, guidelines will be established by the Commission, after opinion by the Committee provided for in Article 11, and published in the Official Journal of the European Communities. The guidelines shall promote synergy between demonstration actions and the guiding principles of Community environmental policy with a view to sustainable development.

(Amendment 24)

Article 4(6), introduction

>Original text>

6. Shall be taken into consideration proposals submitted under paragraph 2(a) that meet the general criteria set out in Article 2(2) and the following specific criteria:

>Text following EP vote>

6.

Shall be taken into consideration proposals submitted under paragraph 2(a) that meet the general criteria set out in the second and third paragraphs of Article 2 and the following specific criteria:

(Amendment 25)

Article 4(6)(b)

>Original text>

(b) being innovative by virtue of the technology or the method applied;

>Text following EP vote>

(b)

being innovative by virtue of the technology or the method applied and promoting job creation;

(Amendment 26)

Article 4(6)(d)

>Original text>

(d) being capable of promoting widespread application of practices and technologies conducive to environmental protection;

>Text following EP vote>

(d)

being capable of promoting the dissemination and widest possible application of practices and technologies conducive to environmental protection;

(Amendment 45)

Article 4(6)(g)

>Original text>

(g) promoting sustainability of socio-economic activities from the environmental point of view.

>Text following EP vote>

(g)

promoting sustainability and integration of environment concerns into activities whose main aims are economic and social.

(Amendment 27)

Article 4(8)

>Original text>

8. At the Commission's initiative, preparatory projects and accompanying measures to be financed pursuant to paragraph 2(b) and (c) shall be the subject of calls for expression of interest published in the Official Journal of the European Communities which specify the criteria to be met.

>Text following EP vote>

8.

At the Commission's initiative, preparatory projects and accompanying measures to be financed pursuant to paragraph 2(b) and (c) shall be the subject of calls for expression of interest published in the Official Journal of the European Communities which specify the criteria to be met. Prior to their publication, calls for expression of interest for preparatory projects shall be submitted for an opinion to the Committee provided for in Article 11.

(Amendment 28)

Article 5(2), 2nd subparagraph (new)

>Original text>

>Text following EP vote>

Priority may be given to projects liable to foster cross-border, transnational or regional cooperation.

(Amendment 29)

Article 5(5), introduction

>Original text>

5. Proposals which meet the general criteria set out in Article 2(2) and the following specific criteria shall be taken into consideration:

>Text following EP vote>

5.

Proposals which meet the general criteria set out in the second and third paragraphs of Article 2 and the following specific criteria shall be taken into consideration:

(Amendment 30)

Article 6(7a) (new)

>Original text>

>Text following EP vote>

7a. The annual breakdown of appropriations devoted to the cofinancing of this instrument by the countries referred to in paragraphs 1 and 7 is published in the general budget, Section III, Part B, Annex IV.

(Amendment 31)

Article 7(2a) (new)

>Original text>

>Text following EP vote>

2a. Not later than 31 December 2002, the Commission shall draw up an evaluation report on the projects successfully concluded under LIFE I, LIFE II and LIFE III, in which it shall set out conclusions on the progress made in the development of Community environmental policy. That report shall be submitted to the European Parliament and shall serve as the basis for the definition of similar large-scale actions, which should be financed under the structural and cohesion funds.

(Amendment 32)

Article 7(2b) (new)

>Original text>

>Text following EP vote>

2b. To that end, the Commission shall establish a database of innovative projects which shall include all the projects supported by LIFE with a view to preventing the duplication of any aid granted for the development of the various innovative processes.

(Amendment 46)

Article 8(1)

>Original text>

1. LIFE shall be implemented in phases. The third phase shall start on 1 January 2000 and shall end on 31 December 2004.

>Text following EP vote>

1.

LIFE shall be implemented in phases. The third phase shall start on 1 January 2000 and shall end on 31 December 2004. The financial reference amount for the implementation of the third phase for the 2000-2004 period shall be EUR 850 million, in so far as this is possible from a budgetary point of view.

(Amendment 34)

Article 8(2)

>Original text>

2. The budgetary resources allocated to the actions provided for in this Regulation shall be entered in the annual appropriations of the general budget of the European Communities. The available annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.

>Text following EP vote>

2.

The budgetary resources allocated to the actions provided for in this Regulation shall be entered in the annual appropriations of the general budget of the European Communities. The available annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective, including accompanying measures as defined in Article 3(2)(b), Article 4(2)(c) and Article 5(2)(b) within the limit that will be established in the budgetary decisions.

(Amendment 35)

Article 9(1)

>Original text>

1. For any project financed by LIFE, the beneficiary shall send the Commission technical and financial reports on the progress of work. A final report shall also be sent to the Commission within three months of completion of the project. The Commission shall determine the form and content of the reports. The report shall be based on the physical and financial indicators set out in the Commission Decision approving the projects or in the contract or agreement concluded with the beneficiaries. These indicators shall be such as to indicate the progress of the work and the objectives to be attained within a specified time limit.

>Text following EP vote>

1.

For any project financed by LIFE, the beneficiary shall send the Commission technical and financial reports on the progress of work. For any multiannual project, the beneficiary shall send the Commission, within three months following the end of each full year of implementation, reports on the progress of the project. A final report shall also be sent to the Commission within three months of completion of the project. The Commission shall determine the form and content of the reports. The report shall be based on the physical and financial indicators set out in the Commission Decision approving the projects or in the contract or agreement concluded with the beneficiaries. These indicators shall be such as to indicate the progress of the work, the objectives to be attained within a specified time limit, the management performance and any problems.

(Amendment 36)

Article 10(3)

>Original text>

3. Any undue payment must be repaid to the Commission. Interest may be added to any sums not repaid in good time. The Commission shall lay down detailed rules for the implementation of this paragraph.

>Text following EP vote>

3.

Any undue payment must be repaid to the Commission. Interest may be added to any sums not repaid in good time. The Commission shall propose detailed rules for the implementation of this paragraph to be adopted in agreement with the budgetary authority.

(Amendment 37)

Article 11

>Original text>

1. For LIFE-Environment and LIFE-Third Countries, the Commission shall be assisted by a Committee consisting of the representatives of the Member States and chaired by the representative of the Commission.

>Text following EP vote>

1.

For LIFE-Environment and LIFE-Third Countries, the Commission shall be assisted by a Committee of an advisory nature composed of one representative per Member State and chaired by the representative of the Commission. One representative of each of the partner countries mentioned in Article 6 may attend proceedings for those parts which concern them, at those countries´ own expense.

>Original text>

2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in the abovementioned Article. The Chairman shall not vote.

>Text following EP vote>

2.

The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter, if necessary by taking a vote. The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.

>Original text>

The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee

>Text following EP vote>

The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which its opinion has been taken into account.

>Original text>

If the measures envisaged are not in accordance with the opinion of the Committee, or of no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.

>Text following EP vote>

The Committee shall meet as a rule in public, unless a specific duly motivated decision is taken to the contrary and published in good time. It shall publish agendas two weeks in advance of its meetings. It shall establish a public register of declarations of interest by its members.

>Original text>

If, on the expiry of a period of one month from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.

>Text following EP vote>

(Amendment 38)

Article 12

>Original text>

1. Not later than 31 December 2003, the Commission shall submit a report to the European Parliament and the Council on the implementation of this Regulation and the use made of the appropriations, and shall, where appropriate, make proposals for any adjustments to be made with a view to continuing the action beyond the third phase.

>Text following EP vote>

1.

Not later than 31 December 2003, the Commission, acting in accordance with the Treaty, shall

(a) submit a report to the European Parliament and the Council on the implementation of this Regulation, its contribution to the development of Community environmental policy and the use made of the appropriations, and shall, where appropriate, make proposals for any adjustments to be made with a view to continuing the action beyond the third phase;

>Original text>

>Text following EP vote>

(

b) submit proposals for a fourth phase of LIFE to the European Parliament and the Council.

>Original text>

2. The Council, acting in accordance with the Treaty, shall decide on the implementation of the fourth phase as from 1 January 2005.

>Text following EP vote>

2.

The European Parliament and the Council, acting in accordance with the Treaty, shall decide on the implementation of the fourth phase as from 1 January 2005.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation (EC) on the financial instrument for the environment (Life) (COM(98)0720 - C4-0074/99 - 98/0336 (SYN))(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council COM(98)0720 - 98/0336 (SYN) ((OJ C 15, 20.1.1999, p.4.)),

- having been consulted by the Council pursuant to Articles 189c and 130s of the EC Treaty (C4-0074/99),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on the Environment, Public Health and Consumer Protection and the opinions of the Committee on Budgets and of the Committee on External Economic Relations (A4-0180/99),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

4. Calls on the Council to notify it and for the conciliation procedure to be opened, should the Council intend to depart from the text approved by Parliament;

5. Instructs its President to forward this opinion to the Council and Commission.