COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(91) 35 final 
Brussels, 6 February 1991 
Amendment to the proposal for a 
COUNCIL REGULATION (EEC) 
ON ACTION BY THE COMMUNITY RELATING TO NATURE CONSERVATION (ACNAT) 
(presented by the Commission pursuant to Article 149(3) 
of the EEC-Treaty) 
EXPLANATORY MEMORANDUM 
1. On May 21 1990. the Commission presented to the Council a proposal 
for a regulation on action by tho Community relating to naturo 
Conservation (ACNAT)(D as adopted by the Commission on May 11 
1990.(2) 
On December 13 1990, the European Parliament adopted with a large 
majority 27 amendments to the Commission proposal. 
2. 5 of these amendments related to the recitals, 8 related to the 
articles and 5 related to the annexe are, at least partly, 
acceptable to the Commission as far as they are dealing with 
Improvements or clarifications of the initial text. 
3. Therefore the Commission has decided, pursuant to Article 149 (3) of 
the EEC Treaty, to amend the Initial proposal for a regulation, as 
fol lows. 
(1) OJ No. C 137 of 6.6.1990, 
P.6 
(2) COM(90) 125 final 
Recital 7a(new) 
Whereas the success of Community 
action for preserving the natural 
areas protected by Oirective 
..•/.../EEC (habitats), wild birds 
protected by Directive 79/409/EECT 
and the species protected by the 
International Conventions on nature 
conservation, depends on additional 
funding that should be considered 
when drawing up the financial 
instrument for the environment (LIFE). 
Recital 9a (new) 
Whereas it is important that Member 
States allocate money for .ACNAT, 
particularly as nature conservation 
was declared a priority at the 1990 
Dublin summit; 
Recital 10 
Whereas in the absence of 
applications from a Member State, the 
Commission should, in exceptional 
cases, be able to take the initiative 
and propose measures to counter 
threats of extinction or direct risks 
of disappearance, to meet needs which 
transcend frontiers or to deal with 
particularly urgent problems In,, the 
context of the Ber/u» Convention, or 
the Bonn Convention; 
(11) OJ No L 38 of 10.2.1982, p. 1 
(12) OJ No L 210 of 19.7.1982, p; 10 Whereas in the absence of 
applications from a Member State, 
the Commission should, in 
exceptional cases, be able to take 
the initiative and propose measures 
to counter threats of extinction or 
direct risks of disappearance, to 
meet needs which transcend frontiers 
or to deal with particularly urgent 
ie 
or problems ID the context of the Bern 
Convention, the Ramsjir Convention ac 
the Bonn Convention! W 
(11) 0J No L 38 of 10.2.1982, p. 1 
(11a) 0J No L 21 of 28.1.1975, p. 24 
Commission Recommendation of 
20 December 1974 
(12) 0J No L 210 of 19.7.1982, p. 10 
Recital 11a (new) 
Whereas the opinion of competent non­
governmental organizations should be 
taken Into consideration when 
considering the success of this 
Regulation. 
Recital 12a (new) V 
Whereas ACNAT simplifies the procedure 
in force under Regulation No. 2242/87 
so that nature conservation projects 
can receive their money more quickly. 
Article 2(1) 
1. To be eligible for financial 
support, a project shall be of 
interest to the Community and 
of Interest in terms of 
protection of the environment 
and/or the management of natural 
resources. 1. To be eligible for financial 
support, a project shall directly 
contribute to the conservation of 
the biotopes or habitats defined 
in Article l(l)(a) or the species 
defined in Article 1(1)(b). 
The level of the Community's 
contribution shall depend on the 
extent to which it is shown that 
the project concerned 
corresponds to such interests. Unchanged. 
Article 3(1) 
Applications for financial 
support for projects shall be 
sent to the Commission by the 
Member States and shall contain: Applications for financial 
support for projects shall be 
sent to the Commission by the 
Member States and shall contain 
the information specified in the 
Annex. 
for the projects referred to in 
Article l(l)(a), the information 
specified in the Annex; 
for the projects referred to 1n 
Article l(l)(b), the Information 
needed to justify action at 
Community level . Delete 
Delete 
Article 3(2)(c) 
(c) contributing to the solution of 
particularly urgent problems in 
the context of the Berne 
Convention or the Bonn 
Convention. (c) contributing to the solution of 
particularly urgent problems in 
the context of the Berne 
Convention, the Ramsar 
Convent 1 on, or the Bonn 
Convention. 
Article 5(1) 
1. The Commission shall decide 
whether to grant or refuse 
financial support for projects 
after consulting the Advisory 
Committee referred to 1n 
Article 4 and on the basis of 
tH» AHininnc H«»l i V*»***»H bv that The Commission shall decide 
whether to grant or refuse 
financial support for projects 
after consulting the Advisory 
Committee referred to in 
Article 4. (Delete 11 words) 
Article 6 
Financial support may be granted 
to natural persons, or to legal 
persons constituted in 
accordance wi th national law. 
who are 
project. responsible for the Financial support may be granted to 
natural persons, or to legal 
persons, who are responsible for the 
project. (Delete 6 words) 
If the creation of a legal entity with the legal capacity to 
carry out a project involves additional costs for the 
participants, 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 shall be specified in 
the contract to be concluded with the Commission. Delete two sentences. 
Article 8 
The Commission shall present an 
annual report on the implementation 
of this Regulation to the European 
Parliament, the Council and the 
Economic and Social Committee. The Commission shall present an 
annual report on the Implementation 
of this Regulation to the European 
Parliament, the Council and the 
Economic and Social Committee,in which 
also a list of the unsuccessful appli­
cations is included. ~~~ ~ 
It shall seek the 
opinions of the representatives of 
the comoptpnt non-governmental 
organizations on the overall 
operation of this Regulation, and a 
summary of these opinions shall be 
annexed to the annual report. 
Article tO (1a) (new) 
1a. At the end of the third year of 
implementation of the regulation, 
and on the basis of the Information 
provided in accordance with the 
provisions of Article 8. and of the 
experience acquired, the Commission 
shall propose, if appropriate, the 
establishment of a system to monitor 
all the measures for which Community 
financial support has been granted. 
Article 10(2) 
2. The Council, acting by 
qualified majority on a proposal 
from the Commission, shall 
decide whether to extend or 
amend this Regulation. 2. The Council, acting by qualified 
majority on a proposal from the 
Commission, and after consulting 
the European Parliament, shall 
decide whether to extend or amend 
Annex 
List of particulars to be provided 
under Article 3 for the projects referred 
to In Article 1 m (a) 
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, as appropriate, the degree 
of the risk to the blotopes and 
species concerned. 
The nature and extent of the problems 
which the project Is Intended to 
resolve, and In particular the nature 
and gravity of the threat. 
A detail led 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. List of particulars to be provided under 
Article 3 for the projects 
(5 words deleted) 
The location of the site in 
quest Ion,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, as appropriate, the degree 
of the risk to the blotopes and 
species concerned (*). 
The nature and extent of the problems 
which the project is intended to 
resolve, and in particular the nature 
and gravity of the threat. 
A detained 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 Community 
financial support is urgently needed 
In order to Implement the project. The cost of the project, Its viab 
and the financing arrangements 
proposed. ty 
The extent to which Community 
financial support through ACNAT Is 
urgently needed in order to implement 
the project. 
Indications concerning the relation of 
the project to measures financed by 
the Structural Funds. 
Indications concerning the preparation 
of a management plan for the site In 
question or the species concerned. 
Any other evidence in support of 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. Any other evidence In support of 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. 
(*) shall apply only to projects referred 
to In Article IMHa). 
ISSN .0254-1475 
COM(91) 35 final 
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