COMMISSION OF THE EUROPEAN COMMUNIIItS 
Brussels, 05 02 1997 
U)M(97) 2X tiiwl 
9V(H3() (SYN) 
Amended proposal lor a 
mUNCAL MUSIUN 
on a Çoinmunjty Action Programjnç 
promoting non-governmental organisations 
primarily active in ths field of 
gnYifoomflninl protection 
(presented by the Commission pursuant to Article 189 a (2) 
of I he KC-Trealy) 

EXPLANATORY MEMORANDUM 
Pursuant to Article 189a paragraph 2 of the EC Treaty, the Commission submits an amended 
proposal for a Council Decision on a Community Action Programme promoting non­
governmental organisations primarily active in the field of environmental protection. The 
amended proposal takes account of a number of amendments from the European Parliament, 
adopted at its November 1996 plenary session. ' 
Ammdrnffltii accepted fry the Commission 
The Commission can accept wholly, in part, or in principle a total of 12 amendments. 
Recital 5 has been deleted to avoid any misunderstandings about the role of NQOs at 
Community level (amendment 1). A new recital 11 a has been inserted which takes account, 
with redrafting, of amendment 2 concerning the recognition of "in-kind" income of NOOs. A 
new recital lib has been inserted to take account of the need for transparency concerning the 
use of financial support to NGOs(part of amendment 3). Recital 14 has been amended by 
clarification that Community support is financial (amendment 5). 
A definition of environmental NGOs has been added to Article 1 (part two of amendment 
6).In the interests of consistency , this necessitates the amendment of similar definitions 
throughout the proposal, including recitals 10 and 11 and Articles 4 and 7.2. Article 2.2.1 has 
been amended by the addition of the text of amendment 7 which introduces further 
development of Community environment policy as an aim of financial assistance. Article 2.2.2 
has been amended to the effect that activities "initiated by these organisations themselves" are 
added to the field of activities covered by assistance to NOOs (part of amendment 8). 
Article 6 .1 concerns the maximum proportion of NGO budgets which can be funded by the 
Commission and has been amended (amendment 23) to allow for a maximum of 60 %. 
Article 6 .2 has been redrafted to take account of the Parliament's wish that funding should 
last longer than three years (principle of amendment 22). Article 6.3 has been amended to 
take account, with redrafting, of that part of amendment 25 which deals with NOOs' "in-kind" 
income. 
Article 7.3 sets out a new timetable for the call for tenders and decisions on funding, as 
prescribed in amendment 24. The acceptance of this amendment necessitates the deletion of 
recital 13 and the second sentence of Article 7.1. Article 12 concerns the possibility of 
continuation of the programme beyond the phase provided for by the current proposal and to 
allow for all eventualities has been amended by the insertion of the words "if appropriate" and 
"or not continuing" (the latter being part of amendment 18). 
Provisional minutes of the session of 13.11.96, doc. PE 
253.832, Part 2, pages 37-42 
Amendments not ftcçepN by lh<? Commission 
That part of amendment 3 which refers to "political independence" cannnot be accepted 
because this is such a vague concept and difficult to prove. Amendment 4 cannot be accepted 
because it is considered superfluous: umbrella organisations are already covered by the 
proposal. Similar reasoning applies to the non-acceptance of part one of amendment 6 . 
Likewise, the Commission cannot accept that part of amendment S which proposes to add 
measures designed to strengthen cooperation between NGOs from different countries. Article 
1 of the Commission proposal already refers to "non-governmental organisations operating at 
a European level" so the Commission considers that over-explicit definitions would be an 
operations! constraint which could prejudice access to funds by new NGOs. 
Amendments 9 and 21 propose respectively selection criteria and exclusion criteria. The 
Commission cannot accept either of these amendments. U prefers not to establish rigid criteria 
in the proposal. It should be borne in mind however that the transparency of the funding 
procedure is guaranteed: each year, a call for proposals, mentioning the selection criteria and 
priority themes , is published in the Official Journal of the European Communities. A fier the 
selection procedure the list of beneficiaries, with die respective funding amounts, is also 
published in the Official Journal. 
The Commission considers that NGOs cannot be both beneficiaries and Judges of the fttntiiug 
system and cannot therefore accept amendment 11. Amendment 13 cannot be accepted 
because the Commission does not differentiate between umbrella organisations and other 
organisations. It is difficult to evaluate shares of activities so that part of amendment 25 
which proposes that "at least a significant number" of activities be completed during the year 
for which subsidies are given, is not acceptable. 
Amendment 15 is considered superfluous since all beneficiaries are asked to keep proper 
accounts regardless of the amount of support given. Amendment 17 cannot be accepted 
because it would be operationally too vague. 
Practical reasons again explain why the Commission cannot accept all of amendment 18. If 
that part of the amendment which foresees changing the timetabling of the Commission's 
three-year report were accepted, it would mean that report would be largely incomplete. As 
regards that part of amendment 18 which indicates the legal base for future proposals, the 
Commission cannot prejudge its decision on such proposals. 
Amendment 19 and part of amendment 20 propose changes in the percentages of funding 
allocated for different purposes. These cannot be accepted because they would mean less 
money being available for cooperation activities which are very important for European 
NGOs. That part of amendment 20 which deletes the reference to cooperation between actors 
and NOOs and to the Fifth Ivnvironmcntal Action Programme partners, cannot be accepted 
because it is against the general aim of the Commission's proposal. 
3 
AMENDED PROPOSAL FOR A COUNCIL DECISION ON A COMMUNITY ACTION 
PROGRAMME PROMOTING NON-GOVERNMENTAL ORGANISATIONS 
PRIMARILY 
ACTIVE IN THE FIELD OF ENVIRONMENTAL PROTECTION 
(presented by the Commission pursuant to Article 189 a (2) of the EC Treaty) 
ORIGINAL TEXT AMENDED TEXT 
First recital 
Having regard to the Treaty establishing the Having regard to the Treaty establishing the 
European Union, and in particular Article European Union, and in particular Article 
130S thereof, 130 S £1} thereof, 
Fifth recital 
Whereas the participation of representative 
European environmental organisations is 
required for the implementation of the 
Council Regulation on a Community 
ecolabel award scheme and the Commission 
Decision on the setting up of a Consultative deleted 
Forum on the environment; 
Eighth recital 
Whereas the capacity of the national, 
regional and local non-governmental 
organisations to exchange perspectives, 
problems and possible solutions relating to 
environmental problems having a 
Community dimension, should be enhanced, Whereas the capacity of the national, 
regional and local environmental non­
governmental organisations to exchange 
perspectives, problems and possible 
solutions relating to environmental problems 
having a Community dimension, should be 
enhanced, 
Tenth recital 
Whereas the European environmental Whereas the European environmental non-
organisations are essential to co-ordinate and governmental organisations are essential to 
channel to the Commission, information and co-ordinate and channel to the Commission, 
views on the new and emerging perspectives information and views on the new and 
such as on nature protection and emerging perspectives sueh as on nature 
transboundary environmental problems ; protection and transboundary environmental 
which cannot be or are not being fully dealt problems ; which cannot be or are not being 
with at the Member State or subordinate fully dealt with at the Member State or 
level; subordinate level; 
Eleventh recital 
Whereas, therefore, in conformity with the Whereas, therefore, in conformity with the 
principle of subsidiarity, an action principle of subsidiarity, an action 
programme encouraging the activities of programme encouraging the activities of 
European environmental organisations European environmental non-governmental 
should be established; organisations should be established; 
Eleventh recital a (new) 
Whereas environmental non-govcrnmcntal 
organizations often use voluntary labour and 
often receive donations in kind: whereas 
account (tip \Q \Q% of total eligible, 
expenditure) may be taken pf this special 
feature of their accounting systems when 
their revenue and expenditure, as well as 
their applicfltiPflS for sufrsjdieg, arc 
considered; 
Eleventh recital b (new) 
Whereas financial support should to 
designed in such a way as to take account 
ttLllw wed for openness concerning the use 
Qf ftiounoort; 
r 
Thirteenth recital 
WhcroM priority actions for implcmcntatigns 
should ha identified at the latest bv 30 
September of each year for the following deleted 
Xejc 
Fourteenth recital 
Whereas it is necessary to specify the 
detailed rules for Community support under 
the programme Whereas it is necessary to specify the 
detailed rules for Community financial 
support under the programme; 
Article 1 
A Community action programme 
promoting non-governmental organisations 
to protect the environment is hereby 
established. The general objective of this 
programme shall be the development and 
implementation of Commuait)' 
environmental policy and legislation by 
promoting the environment protection 
activities undertaken by non-governmental 
organisation operating at a European 
level. A Community action programme 
promoting non-governmental organisations 
to protect the environment is hereby 
established. The general objective of this 
programme shall be the development and 
implementation of Community 
environmental policy and legislation by 
promoting the cnvironmenl protection 
activities undertaken by environmental 
non-governmental organisations operating 
at a European level. 
For the purposes of this Decision. 
environmental non-governmental 
prganisfltjona operating at a European level 
arc private, non-goyernmentftl and non­
profit-making organisations with m 
environmental objective aimed at the publie 
good. 
6 
Article 2 (2), firtU mihptiragranh 
Community financial assistance may be 
provided for actions which are of 
Community interest, contribute significantly 
to the implementation of Community 
environmental policy and meeting the 
principles underlying the Fifth Action 
Programme Community financial assistance may be 
provided for actions which are of 
Community interest and contribute 
significantly to the implementation and 
further development of Community 
environmental policy and meeting the 
principles underlying the Fifth Action 
Programme 
Article 2 (2), second subparagraph 
This assistance shall cover, in particular,thc 
awareness campaigns and actions, 
information and documentation 
infrastructure, demonstration projects and 
coordination activities of non-governmental 
organisations. This assistance shall cover, in particular.the 
awareness campaigns and actions, 
information and documentation 
infrastructure, demonstration projects and 
coordination activities of environmental 
non-governmental organisations MiiftMJ& 
ih? organisations themselves, 
Article 4 
Financial assistance shall consist of the co-
financing of actions and/or subsidies to 
non-governmental organisations. Financial assistance shall consist of the co-
llnancing of actions and/or subsidies to 
environmental non-governmental 
organisations. 
Article 6(1) 
1. The rate of Community assistance shall. 
in principle, not exceed 40% 
of the budgeted operational and 
administrative expenditures. 1. While environmental non-governmental 
organisations are expected to seek other 
forms of support as well, the rate of 
Community assistance might, in principle, 
ço^oo]Lti>Jjffîi of the budgeted operational 
unci administrative expenditures. 
-1 
Article 6 (2) 
2. The subsidy to cover administrative 2. The subsidy to cover administrative 
support shall last, in principle, for not support shall last, in principle, for not 
more than three years more thanJfiujLyears 
Article 6 (3) 
3. The Community assistance will be for 3. The Community assistance will be for 
activities which are to take place in the activities which are to take place in the 
current or a subsequent year of the grant. current or a subsequent year of the grant. 
Unpaid work m donation» in kind, if 
orooerlv documented, mav be taken into 
account, up to a level of 10% of total 
eligible expenditure. yxhsn assessing 
environmental non-governmental 
organisations' revenue and expenditure, 
Article 7(1) 
1. The Commission shall publish a notice in 1. The Commission shall publish a notice in 
the Official Journal of the European the Official Journal of the European 
Communities, outlining the priority activities Communities, outlining the priority activities 
to be fmanced and detailing the selection to be financed and detailing the selection 
and award criteria and the application and and award criteria and the application and 
approval procedure. approval procedure. 
The notice shall be published bv 30 
September of the preceding year in which deleted 
the grants are to be awarded. 
Article 7 (2) 
2. Proposals for activities to be financed 
shall be submitted to the Commission by 
non-governmental organisations operating 
at European level and promoting 
environmental protection measures of 
particular interest to the Community. 2. Proposals for activities to be financed 
shall be submitted to the Commission by 
environmental non-governmental 
organisations operating at European level 
and promoting environmental protection 
measures of particular interest to the 
Community. 
Article 7 (3) 
3. Actions under this programme shall be 
approved following an assessment of the 
proposals bv 30 April of each year and 
shall give rise to an agreement, 
governing the rights and obligations of 
partners, concluded with the beneficiaries 
responsible for implementation. 3- The call for tender activities under this 
programme shall be announced in the 
Official Journal every year before 31 
January. After an assessment of the 
proposals, the Commission shall decide 
before 31 Mav which activities it will 
subsidise. These decisions shall be 
published in the Official Journal, and shall 
give rise to an agreement, governing the 
righto imd obligations of partners, concluded 
with the benelicinries responsible for 
implementation. 
Article 12 
No later than 30 June 1999, the 
Commission shall submit a report to the 
European Parliament and the Council on 
the implementation of this programme 
and covering the first three years and 
shall make proposals lor any adjustment 
to be made with a view to continuing the 
action beyond the current phase. No later than 30 June 1999, the 
Commission shall submit a report to the 
European Parliament and the Council on the 
implementation of this programme and 
covering the first three years and shall make 
propomtto if Appropriate for any adjiiNlmcnl 
to be made with a view to continuing or not 
continuing the action beyond the current 
phase. 
3 

ISSN 0254-1475 
COM(97) 28 final 
DOCUMENTS 
EN 14 II 
Catalogue number : CIK'0-()7-()24-I:N-C 
ISMN «>2-7N-l520l-.l 
Office for Officiai Publications of the European Communities 
I.-29K5 l.uxcmhoiiri; 
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