A4-0417/96

Proposal for a Council Regulation amending Regulation (EEC) No 3528/86 on the protection of the Community's forests against atmospheric pollution (COM(96)0341 - C4-0476/96 - 96/0185(CNS))

The proposal was approved with the following amendments:

(Amendment 1)

Citation 1

>Original text>

Having regard to the Treaty establishing the European Community, and in particular Article 43, thereof,

>Text following EP vote>

Having regard to the Treaty establishing the European Community, and in particular Article 43 and Article 130s(1), thereof,

(Amendment 2)

Citation 4a (new)

>Text following EP vote>

Having regard to the joint declaration by the three institutions of 1 March 1995 on the incorporation of financial provisions into legislative acts,

(Amendment 3)

Recital 10

>Original text>

Whereas an amount of ECU 40 million is deemed necessary for the implementation of that multi-annual programme;

>Text following EP vote>

Whereas an indicative amount of ECU 40 million is proposed as a financial reference which illustrates the will of the legislative authority and does not affect the powers of the budgetary authority as defined by the Treaty for the implementation of that multi-annual programme;

(Amendment 25)

ARTICLE 1, AFTER INTRODUCTION, NEW FIRST PARAGRAPH

Article 2(1) (Regulation (EEC) 3528/86)

>Text following EP vote>

in Article 2 paragraph 1 is replaced by the following:

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"1. The objective of the scheme is to aid Member States to:

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- carry out continuous intensive monitoring of forest ecosystems, with a view to identifying the effects and interactions, of all kinds of harmful substances on the various forest ecosystems, define the critical levels which lead to forest damage and identify the sources of the pollutants;

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- establish or complete in a coordinated and harmonious manner an adequate network of permanent observation points to enable this continuous intensive monitoring to be carried out;

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- draw up, on the basis of a common methodology, a regular bulletin of the damage caused to the forest, particularly by atmospheric pollution¨;

(Amendment 4)

ARTICLE 1, AFTER INTRODUCTION, NEW SECOND PARAGRAPH

Article 2(3) (Regulation (EEC) 3528/86)

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in Article 2 paragraph 3 is replaced by the following:

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"3. The detailed rules for the implementation of the action and in particular those relating to the gathering, type, comparability and transmission of the data collected shall be laid down, within the limits of the appropriations available, in accordance with the procedure provided for in Article 7.

>Text following EP vote>

The European Parliament shall be informed of the decisions taken on the rules for implementation.¨

(Amendment 5)

ARTICLE 1, AFTER INTRODUCTION, NEW THIRD PARAGRAPH

Article 6(1) and (2) (Regulation (EEC) 3528/86)

>Text following EP vote>

in Article 6 paragraphs 1 and 2 are replaced by the following:

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'The Commission shall be assisted by a Committee of an advisory nature (the Standing Forestry Committee set up by Decision 89/367/EEC1) made up of one representative per Member State and chaired by a representative of the Commission.¨

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1 OJ L 165, 15.6.1989, p. 14.

(Amendment 6)

ARTICLE 1, AFTER INTRODUCTION, NEW FOURTH PARAGRAPH

Article 7 (Regulation (EEC) 3528/86)

>Text following EP vote>

Article 7 is replaced by the following:

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'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 to be determined by the Chairman according to the urgency of the matter and, where necessary, by taking a vote.

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The opinion shall be recorded in the minutes. Furthermore each Member State shall have the right to request that its position be included in the minutes.

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

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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 before its meetings. It shall publish minutes of its proceedings. It shall establish a public register of declarations of interest by its members.¨

(Amendment 26)

ARTICLE 1, AFTER INTRODUCTION, NEW FIFTH PARAGRAPH

Article 10a (new) (Regulation (EEC) 3528/86)

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The following new Article 10a is added:

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'Article 10a

1. A scientific committee shall be set up.

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2. The scientific committee shall comprise independent scientists and a Commission representative.

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3. The scientific committee shall evaluate objectively the accuracy and significance of the results obtained by this scheme, shall monitor continually the state of health of the forests and shall supply, in an annual report to the Member States and the Commission, clear data aimed at improving the health of the forests.

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4. Arrangements concerning the membership, appointment and responsibilities of the scientific committee shall be established in accordance with Article 7.¨

(Amendment 7)

ARTICLE 1

Article 11(2) (Regulation (EEC) 3528/86)

>Original text>

2. The amount of Community financial resources deemed necessary for implementation of the scheme is ECU 40 million for the period 1997-2001.

>Text following EP vote>

2. The financial reference illustrating the will of the legislative authority for implementation of the scheme is ECU 40 million for the period 1997-2001. This reference shall not affect the powers of the budgetary authority as defined by the Treaty.

>Text following EP vote>

The budgetary authority shall determine the annual funding in relation to the appropriations available for each financial year, taking into account the principles of sound management referred to in Article 2 of the Financial Regulation.

(Amendment 28)

ARTICLE 1, SECOND PARAGRAPH (NEW)

Article 15 (Regulation (EEC) 3528/86)

>Text following EP vote>

Article 15 shall be worded as follows:

'Article 15

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The Commission shall submit to the European Parliament and the Council an annual report on the subject area covered by this Regulation. The report shall also contain details of the measures carried out and negotiations held by the Commission with a view to reducing environmental pollution in neighbouring central European countries.¨

(Amendment 8)

ARTICLE 2a (new)

>Text following EP vote>

Article 2a

Before the end of 1999, the Commission shall submit for information a report on the impact of the measures planned in implementation of the programme, in particular ecological, economic and social aspects (qualitative assessment) and the results of a cost-benefit analysis of their implementation (quantitative assessment).

Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation amending Regulation (EEC) No 3528/86 on the protection of the Community's forests against atmospheric pollution (COM(96)0341 - C4-0476/96 - 96/0185(CNS)

(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(96)0341 - 96/0185(CNS) ((OJ C 268, 14.9.1996, p. 7. )),

- having been consulted by the Council pursuant to Article 43 of the EC Treaty (C4-0476/96),

- whereas the legal basis is inappropriate; whereas reference should be made to Article 130s(1) of the EC Treaty,

- 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, the Committee on Agriculture and Rural Development and the Committee on Legal Affairs and Citizens' Rights (A4-0417/96),

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