A** COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 13.06.1996 
COM(96) 295 final 
95/0093 (SYN) 
Re-examined proposal for a 
COUNCIL REGULATION (EC) 
amending Regulation (EEC) No 1973/92 establishing a fînancial instrument for 
the environment (Life) 
(presented by the Commission pursuant to Article 189 c (d) 
of the EC Treaty) 

EXPLANATORY MEMORANDUM 
On 12 April 1995 the Commission adopted, on the basis of Article 130s(l) of the Treaty, 
the proposal for a Regulation amending Regulation (EEC) No 1973/92 (Life) with the 
objective of implementing the second phase of the instrument (1996-1999). l 
The Economic and Social Committee gave its opinion on 25 October 1995.2 
The European Parliament gave its opinion at the first reading on 17 November 1995.3 
On 26 January 1996 the Commission adopted an amended proposal pursuant to 
Article 189a(2) of the EC Treaty incorporating 28 of the 34 amendments approved by 
Parliament.4 
On 18 December, the Council approved a common position on the Commission proposal.5 
The European Parliament adopted its decision on the Council common position on 
5-6 June 1996, which it approved subject to 7 amendments. 
The Commission has examined the amendments adopted by Parliament at the second 
reading, and incorporated some of them in the current reexamined proposal. 
The Commission's position on the amendments adopted by Parliament is as follows: 
Amendments 1 to 4 are accepted in full (the Commission already accepted them at the 
first reading). 
These concern: - amendments 1 and 2 designed to clarify, in Article 2(l)(b)(iii), the 
scope of preparatory measures concerning, firstly, wetlands in 
coastal areas around river mouths and, secondly, management and 
protection of water resources; 
amendment 3 specifying in Article 2(2)(a) nature protection in the 
areas of activity under Life with regard to third countries other than 
the countries of Central and Eastern Europe; 
OJ C 184, 18.7.1995, p. 12. 
OJ C 18, 22.1.1996, p. 15. 
OJ C 323, 4.12.1995, p. 158. 
OJC92, 28.3.1996, p. 7. 
OJ C 134, 6.5.1996, p. 1. 
amendment 4 adapting Article 2(3) to permit the monitoring and 
dissemination of the results of all the measures receiving Life 
funding including Phase I, and not merely Phase II as provided for 
in the common position. 
Amendment 6 concerning the transparency of procedures is accepted in principle, but the 
Commission cannot incorporate it in the enacting terms for reasons of consistency of its 
institutional powers. The Commission proposes to make a declaration in the Council 
minutes incorporating the substance of amendment 6.6 
Amendment No 7 is accepted. 
Amendment 5, finally, is not acceptable since it is not possible for budgetary reasons to 
increase to ECU 600 million the figure of ECU 450 million currently provided for by the 
Council, with the possibility of review in 1997 on the basis of relevant information 
supplied by the Commission. 
NaT 
Text of the declaration 
"With regard to the evaluation and selection of the measures proposed in sectors other than nature 
protection, the Commission informs the institutions that it intends to carry out pre-selection of the 
proposals followed by classification by order of merit on the basis of the opinion of independent 
Reexamined proposal for 
a Council regulation 
amending Regulation (EEC) n* 1973/92 establishing 
a financial instrument for the environment (Life) 
Common position of the Council Amended text 
Article 1 
Article 2(1)(b)(iii), first indent 
of Regulation (EEC) No 1973/92 
Protection of coastal areas and their 
rational management ; Protection of coastal areas and their 
rational management, of rivers which 
flow into coastal areas. their 
possible wetlands and the sustainable 
management of those areas and r<«—. 
Article 2(1)(b)(iii), third indent 
of Regulation (EEC) No 1973/92 
water protection, including waste 
water treatment management and protection of water 
resources. including waste 
contaminated water treatment or 
Article 1 
Article 2(2)(a)a (new) of 
Regulation (EEC) No 1973/92 
(a)a conservation or restoration 
from the point of view of 
nature protection. of 
significant habitats of 
threatened species of flora and 
fauna; 
Article 1 
Article 2(3) of Regulation (EEC) No 1973/92 
Accompanying measures needed to 
monitor, evaluate or promote the 
actions undertaken under points 1 
and 2 and dissemination of 
information on the experience and the 
results obtained of such actions. Accompanying measures needed to 
monitor, evaluate or promote the 
actions undertaken during the first 
stage and under points 1 and 2 and 
dissemination of information on the 
experience and the results obtained 
of such actions. 
Article 1 
Article 9(5) of Regulation (EEC) No 1973/92 
Actions provided for in Article 2, 
point 1(a) and their flanking 
measures shall be subject to the 
procedure set out in Article 21 of 
Directive 92/43/EEC; other Life 
actions including, where appropriate, 
procedures for project selection 
shall be approved in accordance with 
the procedure provided for in Article 
13 of this Regulation. The Commission 
shall inform the committees mentioned 
in Article 21 of Directive 92/43/EEC 
and Article 13 of this Regulation of 
the application of criteria and 
priorities defined in Article 9a. Actions provided for in Article 2, 
point 1(a) and their flanking 
measures shall be subject to the 
procedure set out in Article 21 of 
Directive 92/43/EEC; other Life 
actions shall be approved in 
accordance with the procedure 
provided for in Article 13 of this 
Regulation. The Commission shall 
inform the committees mentioned in 
Article 21 of Directive 92/43/EEC and 
Article 13 of this Regulation of the 
application of criteria and 
priorities defined in Article 9a. 

ISSN 0254-1475 
COM(96) 295 final 
DOCUMENTS 
EN 14 01 
Catalogue number : CB-CO-96-296-EN-C 
ISBN 92-78-05633-2 
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