A4-0237/99

Proposal for a European Parliament and Council Regulation on measures to promote the conservation and sustainable management of tropical forests and other forests in developing countries (COM(99)0041 - C4-0129/99 - 99/0015(COD) - formerly 99/0015(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 2

>Original text>

(2) Whereas, in numerous resolutions, the European Parliament has expressed its concern over the destruction of forests and the consequences for forest peoples;

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(2)

Whereas, in numerous resolutions, the European Parliament has expressed its concern over the destruction of forests and the consequences for forest peoples, in particular indigenous peoples;

(Amendment 2)

Recital 9

>Original text>

(9) Whereas, in its Resolution of 30 November 1998, the Council acknowledges the role that forest peoples play in managing the environment, in particular with regard to the conservation and sustainable use of forests in developing countries;

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(9)

Whereas, in its Resolution of 30 November 1998, the Council acknowledges the role that especially indigenous peoples play in managing the environment, in particular with regard to the conservation and sustainable use of forests in developing countries;

(Amendment 3)

Recital 11

>Original text>

(11) Whereas provision should be made for funding the operations referred to in this Regulation;

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(11)

Whereas provision should be made for funding the operations referred to in this Regulation; whereas the success of the activities carried out under Regulation (EC) No 3062/95 should be taken into account; whereas considerable financial resources are necessary for a significant contribution to the protection of tropical and other forests in developing countries; whereas the financial amount indicated in that Regulation should be considered as an absolute minimum for the annual implementation of this Regulation;

(Amendment 4)

Recital 11a (new)

>Original text>

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(11a) Whereas in accordance with Article 274 of the Treaty, the Commission shall be responsible for implementing the budget;

(Amendment 5)

Recital 12

>Original text>

(12) Whereas rules for implementation, in particular the form of action, recipients of the aid and the decision-making procedure should be laid down;

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(12)

Whereas rules for implementation, in particular the form of action, recipients of the aid and the decision-making procedure should be laid down; whereas an advisory committee procedure is the most appropriate arrangement; whereas Council Decision 87/373/EEC(*) lays down the procedures for the exercise of powers conferred on the Commission by the Council for the implementation of acts which it adopts; whereas the procedures need to be revised to take account of the entry into force of the Amsterdam Treaty and of possible modifications of existing arrangements laid down by inter- institutional agreement or by Council Decision 87/373/EEC;

(*) OJ L 197, 18.7.1997, p. 33.

(Amendment 6)

Recital 12a (new)

>Original text>

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(12a) Whereas a Modus Vivendi between the European Parliament, the Council and the Commission concerning the implementing measures for certain acts(*) was concluded on 20 December 1994;

(*) OJ C 102, 4.4.1996, p. 1.

(Amendment 7)

Article 1

>Original text>

The Community shall provide financial assistance and technical expertise to promote the conservation and sustainable management of tropical forests and other forests in developing countries so as to meet the economic, social and environmental demands placed on forests at local, national and global levels.

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The Community shall provide financial assistance and technical

or economic expertise to promote the conservation and sustainable management of tropical forests and other forests in developing countries so as to meet the economic, social and environmental demands placed on forests at local, national and global levels.

>Original text>

This financial assistance and technical expertise shall complement and reinforce the assistance provided through other instruments of development cooperation.

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This financial assistance and technical

or economic expertise shall complement and reinforce the assistance provided through other instruments of development cooperation.

(Amendment 8)

Article 2(5)

>Original text>

5. 'Forest peoples' means the indigenous peoples who inhabit the forest or claim it as their home and any people who live in or near the forest and have traditionally been directly and to a large extent dependent on the forest.

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5.

'Forest peoples' means the indigenous peoples who inhabit the forest or claim it as their traditional home and any people who live in or near the forest and have traditionally been directly and to a large extent dependent on the forest.

(Amendment 9)

Article 3, 1st indent

>Original text>

- raising the status of forests in national policies and integrating forest policies in development planning;

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-

raising the status of forests and of sustainable forest management in national policies and integrating forest policies in development planning;

(Amendment 10)

Article 3, 3rd indent a (new)

>Original text>

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- improving coordination and the flow of information between Commission and Member State projects so as to put in place coherent actions in that area;

(Amendment 11)

Article 3, 3rd indent b (new)

>Original text>

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- ensuring active participation of forest peoples and the local community in the development of national forest policies and development planning;

(Amendment 12)

Article 4 (1), introduction

>Original text>

1. In the provision of financial assistance and technical expertise aimed at attaining the objectives set out in Article 3, the Community shall give special consideration to the promotion of:

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1.

In the provision of financial assistance and technical or economic expertise aimed at attaining the objectives set out in Article 3, the Community shall give special consideration to the promotion of:

(Amendment 13)

Article 4(1)(b)

>Original text>

(b) conservation of forests which are recognised as being of high ecological value as well as restoration of degraded forest areas, which are considered to be of importance due to their local and global impacts such as the protection of hydrographic basins, the prevention of soil erosion, climate change and the preservation of biological diversity;

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(b)

conservation of forests which are recognised as being of high ecological value as well as restoration of degraded forest areas and creation of forests and protection of woodland in other areas, which are considered to be of importance due to their local and global impacts such as the protection of hydrographic basins, the prevention of soil erosion, climate change and the preservation of biological diversity through prior consultation and equal participation in decision-making processes with forest peoples; such activities must respect the economic, social and cultural rights of the local population and should be carried out with their full participation;

(Amendment 14)

Article 4 (1)(c)

>Original text>

(c) sustainable forest management and utilisation to provide economic, social and environmental benefits and including inter alia forest certification and environmentally sound harvesting of both wood and non-wood forest products and natural and assisted forest regeneration;

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(c)

sustainable forest management and utilisation to provide economic, social and environmental benefits and including inter alia forest certification - taking account of the different management conditions for small and large forest areas - and environ-mentally sound harvesting of both wood and non-wood forest products and natural and assisted forest regeneration;

(Amendment 15)

Article 4(1)(d)

>Original text>

(d) economic viability of sustainable forest management through more efficient utilisation of forest products and technical improvements of downstream activities related to the forest sector such as small and medium scale processing and marketing of wood and non-wood forest products, the sustainable use of wood as energy source and the development of alternatives to agricultural practices based on forest clearing;

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(d)

economic viability of sustainable forest management through more efficient utilisation of forest products and technical improvements of downstream activities related to the forest sector such as small and medium scale processing and marketing of wood and non-wood forest products, the sustainable use of wood as energy source and the development and application of alternatives to agricultural practices based on forest clearing;

(Amendment 16)

Article 4(1)(ea) (new)

>Original text>

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(ea) capacity building of forest peoples and local communities to ensure proper participation of these peoples in local, national and international decision making processes.

(Amendment 17)

Article 4(2) indent -1 (new)

>Original text>

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- the rights and economic, social and cultural objectives of forest peoples and of local communities;

(Amendment 18)

Article 4(2), 1st indent

>Original text>

- the needs of each country as reflected in regional and national development and environment policies relating to forests, considering National Forest Plans, and

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-

the needs of each country as reflected in regional and national development and environment policies relating to forests, considering National Forest Plans and local needs, and

(Amendment 19)

Article 4(3),1st indent

>Original text>

- encouraging private entrepreneurship in the forest products processing and marketing chain, in the context of agreed policies for private sector development and taking into account existing social systems and community-based economic activities;

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-

encouraging environmentallyand socially responsible private entrepreneurship in the forest products processing and marketing chain, in the context of agreed policies for private sector development and taking into account existing social systems and community-based economic activities, and in particular those of indigenous peoples;

(Amendment 20)

Article 4(3), 3rd indent

>Original text>

- participation of forest peoples in operations carried out pursuant to this Regulation;

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- ex-ante-information and participation of forest peoples and due consideration of their development priorities in operations carried out pursuant to this Regulation;

(Amendment 21)

Article 4(3), 4th indent

>Original text>

- sustainability of any proposed activity, social, economic as well as environmental.

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-

sustainability of any proposed activity, social, economic as well as environmental; no funding shall be possible if there are serious doubts as to the environmental, social or socio-cultural sustainability of the activity envisaged.

(Amendment 22)

Article 4(3), indent 4a (new)

>Original text>

>Text following EP vote>

- proper coordination and information flows between the Commission and the Member States in order to ensure coherence of activities in the regions concerned.

(Amendment 23)

Article 4(4), 1st subparagraph

>Original text>

4. Operations carried out pursuant to this Regulation shall be preceded by environmental and social impact assessments, as well as analysis of financial and economic feasibility. These operations shall also be preceded by provision of relevant information to forest peoples and be conditional on their support.

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4. Operations carried out pursuant to this Regulation shall be preceded by environmental and

socio-cultural impact assessments, including an assessment on the congruence of the envisaged operations with the development priorities of the respective forest peoples, as well as analysis of financial and economic feasibility. These operations shall also be preceded by provision of relevant information to forest peoples and be conditional on their support.

(Amendment 24)

Article 4(4), 2nd subparagraph

>Original text>

Operations carried out will be evaluated using specific quantitative and qualitative indicators set in the reference conditions.

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Operations carried out will be evaluated using specific quantitative and qualitative indicators set in the reference conditions

; evaluations shall take into account the opinion of forest people.

(Amendment 25)

Article 4(6)

>Original text>

6. When appropriate, operations shall be carried out within the framework of regional organisations and international programmes of cooperation and shall form part of a global policy on the conservation and sustainable management of forests.

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6.

When appropriate, operations shall be carried out within the framework of regional organisations and international programmes of cooperation and efforts will be made to ensure that there is a global policy on the conservation and sustainable management of forests in which Community policy can be integrated.

(Amendment 26)

Article (4)(7)

>Original text>

7. Operations carried out pursuant to this Regulation shall concentrate on pilot projects in the field, innovative programmes, studies and research, the results of which will enable the EC to develop, adjust and implement its forest sector cooperation policies.

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7. In respect of operations to be funded under this Regulation, priority shall be given to pilot projects in the field, innovative programmes, studies and research, the results of which will enable the EC to develop, adjust and implement its forest sector cooperation policies.

(Amendment 27)

Article 7, 2nd paragraph (new)

>Original text>

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Notwithstanding the other measures that the Commission shall take to protect the Community's financial interests, bank or credit guarantees should not be required where such a requirement would preclude the participation of the recipients and partners identified in Article 5.

(Amendment 28)

Article 8(8), indent 2a (new)

>Original text>

>Text following EP vote>

- proper coordination and information flows between the Commission and the Member States in order to ensure coherence of activities in the regions concerned.

(Amendment 29)

Article 8(8a) (new)

>Original text>

>Text following EP vote>

8a. The minutes of Commission meetings at which the selection of a project is discussed shall be forwarded to the European Parliament.

(Amendment 30)

Article 9(2), 1st subparagraph

>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, if necessary by taking a vote.

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2.

The representative of the Commission, after consulting external experts, 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.

(Amendment 31)

Article 10

>Original text>

An exchange of views shall take place once a year on the basis of a presentation by the representative of the Commission of the general guidelines for the operations to be carried out in the year ahead, in the framework of a joint meeting of the Committees referred to in Article 9.

>Text following EP vote>

An exchange of views shall take place once a year on the basis of a presentation by the representative of the Commission of the general guidelines for the operations to be carried out in the year ahead, in the framework of a joint meeting of the Committees referred to in Article 9.

Members of Parliament and external experts working on forest issues shall be invited to that presentation.

(Amendment 32)

Article 11(1), 1st subparagraph

>Original text>

1. After each budget year, the Commission shall submit an annual report to the European Parliament and the Council, summarising the operations financed in the course of that year and evaluating the implementation of this Regulation over that period.

>Text following EP vote>

1.

After each budget year, the Commission shall submit an annual report to the European Parliament and the Council, summarising the operations financed in the course of that year as well as listing all actions and projects approved - specifying their funding, the countries benefiting and the partners - and evaluating the implementation of this Regulation over that period.

(Amendment 33)

Article 11(2)

>Original text>

2. The Commission shall regularly assess operations financed by the Community with a view to establishing whether the objectives aimed at by those operations have been achieved and to providing guidelines for improving the effectiveness of future operations. The Commission shall submit to the Committee referred to in Article 9 a summary of the assessments made which may, if appropriate, be examined by the Committee. The assessment reports shall be available to any Member States requesting them.

>Text following EP vote>

2.

The Commission shall regularly assess operations financed by the Community with a view to establishing whether the objectives aimed at by those operations have been achieved and to providing guidelines for improving the effectiveness of future operations. The Commission shall submit to the Committee referred to in Article 9 a summary of the assessments made which may, if appropriate, be examined by the Committee. The assessment reports shall be available to any Member States requesting them and to the European Parliament.

(Amendment 34)

Article 11(4a) (new)

>Original text>

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4a. The level of funding indicated under Regulation (EC) No 3062/95 shall be taken as the indicative minimum for the annual implementation of this Regulation. Budget appropriations may be used for technical assistance referred to in Article 6(1) first subparagraph, within the limit established by the annual decision of the budgetary authority.

Legislative resolution embodying Parliament's opinion on the proposal for a European Parliament and Council Regulation on measures to promote the conservation and sustainable management of tropical forests and other forests in developing countries (COM(99)0041 - C4-0129/99 - 99/0015(COD))(Codecision procedure: first reading)

The European Parliament,

- having regard to the list of Commission proposals pending as at 1 May 1999 for which the entry into force of the Treaty of Amsterdam necessitates a change in legal basis and/or procedure,

- having regard to its resolution of 4 May 1999 on the implications of the entry into force of the Treaty of Amsterdam (list of proposals pending as at 1 May 1999 indicating new legal bases and any changes in legislative procedure following the entry into force of the Treaty of Amsterdam) ((Minutes of that sitting, Part II, Item 7.)),

- having regard to the Commission proposal to the Council, COM(99)0041 - 99/0015(COD) ((OJ C 87, 29.3.1999, p. 97.)), confirmed by the Commission on 3 May 1999,

- having regard to Articles 251(2), 175(1) and 179 of the EC Treaty pursuant to which the Commission submitted the proposal to Parliament (C4-0129/99),

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

- having regard to the report of the Committee on Development and Cooperation and the opinion of the Committee on Budgets (A4-0237/99),

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

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3. Calls on the Council to approve all Parliament's amendments and definitively adopt the act thus amended;

4. Points out that the Commission is required to submit to Parliament any modification it may intend to make to its proposal as amended by Parliament;

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