Proposal for a COUNCIL REGULATION ( EEC ) amending Regulation ( EEC ) No 3528/86 on the protection of the Community' s forests against atmospheric pollution
Date: 1991-11-06
Institutions: European Commission
Subjects: air quality, environmental protection, forest

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

C0MC91) 431 final 

Brussels, 6 November  1991 

-1 

Proposal  for a 

COUNCIL  REGULATION (EEC) 

amending  Regulation  (EEC) No 3528/86 on  the protection of 

the Community's  forests against  atmospheric  pollution 

Proposal  for a 

COUNCIL REGULATION  (EEC) 

on protection of  the Community's  forests 

against  fire 

(presented  by the Commission) 

1 

ECTLANAflOBy  MarreAurqM 

I. 

Intrcductlon 

In Hay 1989 the Oouncdl adopted an Initial forestry action 
programme with four priorities: 

protection of forests from air pollution and fires 
support for the afforestation of farmland 
the development and exploitation of forests in oertain 
rural areas 
creation of the Standing Forestry Committee. 

These  four main priorities were aooompanied by measures such as 
improvement of the processing and marketing of forest-products and 
the introduction of EF1CS, the European Forestry Information and 
Oommunjcation System. 

The Commission is currently preparing a revision of this set of 
measures with a view to ensuring that a coherent forestry action 
programme is presented in the light of the expérience gained from 
their application within a regional and rural development context 
and in close connection with the reform of the common agricultural 
policy. 

However, the expiry at the end of 1991 of the two Regulations on 
the protection of forests from atmospheric pollution? and from 
fire* makes it necessary to bring forward the presentation of the 
draft proposals for the renewal and revision of these two  measures 
in order to avoid interrupting their continuity.  This will not 
prejudice the overall view and coherence of the forestry action 
programme and, in addition, is Justified in that the measures are 
not Hnfracl to the reform of the GAP. 

Regulation (EBC) No 3528/86 of 17 November 1986, OJ L 326, p. 2, as 
amended by Regulation (EBC) No 1613/89 of 29 Hay 1989, OJ L 165, p. 8. 
Regulation (EBC) No 3529/86 of 17 November 1986, OJ L 326, p. 5, as 
amended by Regulation (EBC) No 1614/89 of 29 May 1989, OJ L No 165, 
p. 10. 

H. 

1. 

Proposals 

- 2 -

Forest Protection Against Atmospheric Pollution 

Regulation (EBC) No 3528/86 on the protection of the Community's 
forests against atmospheric pollution produced the following 
results: 

establishment of a Community observation network for 
monitoring forest health; 
the drawing up of two reports on the health of forests - a 
third is under preparation; 
Implementation of projects aimed at a better understanding 
of the forest die-back phenomenon. 

Work is in progress on establishing an intensive forest monitoring 
network in close collaboration with the Concerted International 
Programme on Assessing and Monitoring the Effects of Airborne 
Pollution on Forests. 

Proposal 

The Commission proposes to renew the Regulation for five years in 
its current form and link the European network of tree observation 
plots to a more Intensive forest monitoring network.  The new 
measure should not only Improve knowledge of the complex forest 
ecosystem/pollutants Interaction but also help to Implement 
political undertakings made by European and Community countries at 
the Pan-European Ministerial Conference on Forest Health held in 
Strasbourg on 18/19 December 1990. 

2. 

Forest Protection Against Fire 

Forest destruction by fire, particularly in the Community's 
Mediterranean regions, is one of the major ecological and économie 
problems in the regions concerned.  Each year fires rage through 
more than 500 000 hectares of forest in southern Europe. 

Up to now the Community has financed fire prevention measures via 
the following: 

- EAGGF: 

- 3 -

* 

* 

* 

Regulation (EBC) No 269/79 establishing a common measure 
for forestry in oertain Mediterranean zones of the 
Community, renewed in a broader framework by the Integrated 
Mediterranean Programmes (IMPs) 

In the framework of specific measures applicable In oertain 
areas of Italy, France and Spain [Regulations (EBC) No 
1400/86, No 1401/86, No 1118/88] 

to a oertain degree, under the framework of regional and 
rural development in Objective 1 and 5(b) areas. 

- non-EAGGF: 

under Regulation (EBC) No 3529/86 on protection of the 
Community's forests against fire, as amended by Regulation 
(EBC) NO 1614/89. 

The expiry of the IMPs and Reg. 3529/86 risks creating large gaps 
since the rural development basis alone cannot adequately deal with 
the major problem of fires which, moreover, are not restricted to 
Objective 1 and 5(b) areas. 

If the forest ecosystems and their environmental, economic and 
social functions are to be safeguarded it is essential  that 
Reg. 3529/86 be renewed. 

One major fires In the past two years that have destroyed a large 
part of the forest Investments financed under the EAGGF 
(Reg. 269/79, IMPs) dearly demonstrated the large gaps in action 
and policies on forest fire protection, particularly as far as the 
cohérence between the various measures Is concerned. 

Proposal 

On the basis of numerous discussions on the problems of protecting 
forests from fire held by the Standing Forestry Committee and 
consultations with various non-governmental organizations (OCPF, 
OOPA, etc.) and regional experts, the Commission proposes to renew 
Regulation (EBC) No 3529/86 for a period of 5 years with radical 
amendments aimed at: 

oonoentratlng Community efforts primarily on high-risk fire 
zones; 

- 4 -

encouraging Member States to develop coherent forest fire 
protection strategies comprising both the analysis and 
reduction of the causes of fire and prevention and 
monitoring within the framework of zonal plans; restricting 
Community finance to actions which clearly fall within such 
strategies; 

developing an Information system (databank) on forest fires 
which should Improve the effectiveness of protection 
systems and permit an analysis of causes. 

It should be noted that, with the development of this system, the 
Community and the Mariner States will be helping to Implement a 
decentralized European databank which was the subject of political 
undertakings made by the European and Community countries at the 
Pan-European Ministerial Conference on Forest Health held in 
Strasbourg on 18/19 December 1990. 

-X 

Proposal  for a 

COUNCIL REGULATION  (EEC) No 

/.. 

Of 

1991 

amending Regulation  (EEC) No 3528/86 on  the protection of 

the Community's forests against atmospheric pollution 

THE COUNCIL OF THE EUROPEAN COMMUNITIES, 

Having  regard  to the Treaty establishing  the European Economic Community, 

and  in particular  Articles 43 and  130s thereof, 

Having  regard  to the proposal  from the Commission*1), 

Having  regard  to the opinion of  the European Par Iiament*2), 

Having  regard  to the opinion of  the Economic and Social  Committee^3^, 

Whereas  the Community's  forests are continuing  to deteriorate and steps 

should  therefore be taken to prolong and supplement  the Community  scheme 

introduced by Council  Regulation  (EEC) No 3528/86(4), as  last amended by 

Regulation  (EEC) No 1613/89<5>; 

Whereas precise data should be collected on  the extent  and development of a 

number of  forest pollutants, together with detailed  information on basic 

ecological  parameters,  in order  to be able better  to pinpoint  the cause-

and-effect  relationships that  lead to the deterioration of forests; 

whereas a European network of permanent observation plots  for monitoring 

the forest ecosystem would be the appropriate  instrument  for  this purpose, 

(1) 

(2) 

(3) 

(4) 0J No L 326, 21.11.1986, p. 2. 

(5) 0J No L 165, 15. 6.1989, p. 8. 

HAS ADOPTED THIS REGULATION: 

-  G-

Article 1 

Regulation  (EEC) No 3528/86  is hereby  amended  as follows: 

1. Article 2  is replaced by  the following : 

"Article 2 

1. The aim of  the scheme shall  be to help  the Member  States to : 

- establish on the basis of common methods a periodic  inventory of 

damage caused  to forests,  in particular  by atmospheric pollution, 

- establish or extend,  in a coordinated  and harmonious way, the 

network of observation plots required  to draw up  that  inventory, 

- conduct  intensive, continuous surveillance of  forestry ecosystems, 

- establish or extend,  in a coordinated  and harmonious way, a network 

of permanent  observation plots required  for such  intensive, 

continuous surveillance. 

2. The Member  States shall  forward  to the Commission  the data gathered 

by the network of observation  plots for  the  inventory  and the network 

of observation  plots for  intensive surveillance. 

3. The detailed  rules for  the  implementation of  this Article and  in 

particular  those relating  to the gathering,  type, comparabiIity and 

transmission of  the data collected  shall  be  laid down  in accordance 

with the procedure provided  for  in Article 7." 

9-

2. Article 7  is replaced  by  the following : 

"Article 7 

1. Where  the procedure  laid down  in this Article  is to be followed, 

matters shall  be referred  to the Standing  Forestry Committee  set up 

by Council  Decision 89/367/EEC  by  its chairman, either  on his own 

initiative or at  the request  of a Member  State. 

2. The representative of  the Commission  shall  submit  to the Committee a 

draft  of  the measures  to be adopted.  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.  The opinion  shall  be 

delivered by  the majority  provided  for  in Article  148(2) of the 

Treaty  in the case of decisions which  the Council  is required  to 

adopt  on a proposal  from the Commission.  The votes of the 

representatives of  the Member  States within  the Committee  shall  be 

weighted  in the manner  set out  in that Article.  The chairman shall 

not  vote. 

The Commission  shall  adopt measures which  shall  apply  immediately. 

However,  if these measures are not  in accordance with  the opinion of 

the Committee,  they shall  be communicated  by  the Commission  to the 

Council  forthwith.  In that  event,  the Commission  may defer 

appIication of  the measures which  it has decided  for a period of not 

more  than one month  from  the date of such  communication. 

The Council, acting by a qualified majority, may  take a different 

decision within  the time  limit  referred  to  in the second sub 

paragraph." 

3. Article  11  is replaced by  the following : 

"Article 11 

1. The duration of  the scheme shall  be 10 years as from  1 January 1987. 

2. The Community  shall  contribute  towards the scheme up to the  limit of 

the appropriations entered  to that  effect  in the budget  of the 

European Communities  and  in accordance with  the terms of  this 

Régulât ion. 

3. Before expiry of  the period  referred  to  in paragraph  1, this 

Regulation shall  be reviewed  by  the Council, acting on a proposal 

from  the Commission." 

Art icle 2 

This Regulation  shall  enter  into force on  the third  day  following  its 

publication  in the Official  Journal  of  the European  Communities. 

This Regulation  shall  be binding  in  its entirety  and directly  applicable  in 

a I I Member  States. 

Done at 

, 

1991. 

For  the CounciI 

The President 

3 

FINANCIAL STATEMENT 
regarding: 

Draft  Council  Regulation  amending  Regulation  (EEC) No 3528/86 on the protection of 
the  Community's  forests  against  atmospheric  pollution (1) 

1 

Budget  head I 
I I I B 2 
I I I B 8 

nfl: 

Item 
515 
255 

HUA: 
Forests 
Forests  (support  and maintenance 
expenditure) 

2. 

Legal  basis; Articles 43 and 130s 

3. 

Classification:  Non-compulsory  expenditure 

4. 

Alms of the measure  and description  of the scheme;  To collect and 
analyse  data on the  level  and development  of pollutants  in forests  and their 
effects on the forest  ecosystem;  in addition,  to carry  out pilot  projects on 
forest  restoration  and the  improvement  of observation  methods. 

Method  of  calculation: 

5. 
5.1  Nature of expenditure:  Heading  III  B2-515: 

Co-financing of  national 

expenditure. 

5.2  Share  of Community  financing: 

5.3  Calculât ion: 

5 0% maximum  (100% for support  and maintenance 
schemes  financed  under  heading  III  B 8-255) 

Community  expenditure 

Support  and maintenance 
expenditure  (100% charged to 
the  Community;  studies,  expert 
reports,  publications,  e t c . ): 
ECU  0.3 mi I I./Year 

(CA  in mi I I ion ECU/Year) 

inventory  network,  observation  points 
pi lot projects 
(restoration,  improvement of 
observation  methods  and of the 
understanding  of the effects of 
pollutants on the forest  ecosystem)  1.5 
evaluation  and fol low-up 

TOTAL 

3.9 

0.6 

ÊJK2) 

6. 
6.1 

Financial  Implications  for operating  appropriations: 
Schedule  of commitment  and payment  appropriations  (ECU mi 11 ion) 
Heading  11 I B8-255 
P£  CA/PA 

Heading  111  B2-515 
£A 

Financial  year 

1992 (4) 
6.0 
1993 
6.0 
1994 
6.0 
1995 
1996 
6.0 
Subsequent financial 
years 
TOTAL 

4.0 (3) 

p.m 

0.2 (3) 

3.1  0.3 
5.2  0.3 
5.6  0.3 
5.6  0.3 

28.0 

8.5 
28.0 1.4 

6.2  Financing  during  the current  financial  year: 

7. 

Comments: 
CA  - Committment  appropriations / PA - Payment  appropriations 

( 1 )-  The purpose  of the draft  regulation  is to extend  by 5 years  the measures 

provided  for under  Regulation  (EEC) No 3528/86  which  expires on 
31  December  1991, and to strengthen  and expand  these. 

-  A o 

-

(2)  For  the 5 years during  which  the current  arrangements  under  Regulation  (EEC) 
No 3528/86have  been  applied,  expenditure works out  at  a  total  of  ECU  13.5 
million,  that  is ECU  2.7 million per  year.  The  increase of  ECU  3.3 
million/year  is due  firstly  to  intensified  observation  from  existing 
observation  points  (it  is also  intended  to collect  data on  soil  condition); 
secondly,  the  increase  in annual  costs  results  from  the  setting  up of 
additional  permanent  observation points  for  intensive monitoring of  forest 
ecosystems. 

(3)  It  is assumed  that  the scheme will  not  be  fully operational  until  1993; 

consequently  the amounts  for  the  first  year  of  implementation  are  lower  than 
the estimate  under  5.3. 

(4)  Figures  for  1992 correspond  to  the  1992 preliminary  draft  budget. 

11 

Proposal  for a 

COUNCIL  REGULATION  (EEC) No 

/.. 

Of 

on protection of  the Community's  forests 

against  fire 

THE COUNCIL OF THE EUROPEAN  COMMUNITIES, 

Having  regard  to the Treaty  establishing  the European  Economic Community,  and  in 

particular  Articles 43 and  130s thereof, 

Having  regard  to the proposal  from  the  Commission, 

Having  regard  to the opinion of  the European  Parliament, 

Having  regard  to the opinion of  the Economic and Social  Committee, 

Whereas  forests play an essential  role  in maintaining  basic  equilibria, 

particularly  as regards the soil, water  resources, climate, fauna and  flora; 

Whereas  forests  therefore  contribute  towards  the safeguarding  and development  of 

agriculture  and  the countryside, which may  be greatly  dependent  on the presence 

and good upkeep of  the surrounding  forests; 

Whereas, especially  in the southern parts of  the Community,  the role of  forests 

is under  increasing  threat  from  fire, which  damages vast  tracts of  forested  land 

every year-, 

Whereas  the protection of  forests against  fire  is an urgent  and  important  issue 

for  the Community;  whereas  the Community  must  make a greater  contribution to 

the efforts of Member  States  to  improve  such  protection; 

A 2, .. 

Whereas,  in order  to reduce  the number  and extent  of  fire outbreaks and  areas 

burnt, the Community's contribution must  be directed  towards combating  the 

causes of  fire and  improving  fire prevention  and  forest  surveillance; 

Whereas  the Community's  contribution must  be concentrated  primarily  in the areas 

which  face a permanent  or cyclical  fire risk;  whereas  the  territory of the 

Community must  therefore be classified  according  to the degree of  risk of  forest 

fire;  whereas  the Community's  contribution must  vary with  the said degree of 

r isk ; 

Whereas, especially  in areas of  high  risk, the Community  must  contribute  to the 

implementation of  integrated  forest  fire protection  plans, comprising  measures 

to eliminate causes and  to  institute or  improve  systems of  prevention and 

moni tor ing; 

Whereas  the setting-up of  a data bank  covering  the Member  States and the 

Community  can constitute an  important  tool  for  improving  the system of  forest 

f i re protect ion; 

Whereas action  to set  up  the combat  against  forest  fires covers,  inter  alia. 

putting  into practice the Resolutions of  23 November  1990^1^ on Community 

cooperation on civil  protection  and of  10 June  1991(2^on  the  improvement  of 

mutual  technological  assistance  between  the Member  States  in case of a natural 

disaster-,  whereas, as part  of  that  action  the collection by  the Commission  in 

conjunction with  the Member  States of  information  relating  to the means to 

combat  fires would usefully supplement  the data bank  provided  for  in this 

Régulât ion; 

Whereas,  in order  to facilitate  the  implementation of  the measures  contemplated, 

close  cooperation must  be established  between  the Member  States and the 

Commission;  whereas  such  cooperation may  be achieved  through  the Standing 

Forestry  Committee, 

HAS ADOPTED THIS REGULATION: 

(1) OJ  No C 315, 14.12.1990, pp.1-2 

(2) OJ No. 

Art icle 1 

1.  In order  to set up efforts to maintain and monitor  forest  ecosystems and to 

safeguard  the productive potential  of  forests for  the benefit  of rural areas, 

a Community  scheme  for  the protection of  forests against  fire, hereinafter 

called  "scheme", is hereby  instituted. 

2. The purpose of  the scheme is: 

-  to reduce  the number  of  forest  fire outbreaks 

-  to reduce  the extent of areas burnt. 

3.  The scheme shall  comprise: 

(a)  measures  to  identify the causes of  forest  fires and  the means of 

combating  them, and  in particular: 

-  studies  to  identify  the causes of  fires and  the background  thereto; 

-  studies  to devise proposals  for schemes  to eliminate such  causes 

and background; 

-  campaigns  to  inform and educate  the public; 

(b)  measures  to set up or  improve systems of prevention, with particular 

emphasis on  the  launching of protective  infrastructures such as forest 

paths, tracks, water  supply  points, firebreaks, cleared and felled 

areas, and on the  launching of operations  to maintain firebreaks, 

cleared  and  felled areas, within  the framework of a global  strategy 

for  the protection of  forested  land against  fire; 

(c)  measures  to set up or  improve monitoring  systems, with  particular 

emphasis on the  installation of  fixed or mobile monitoring  facilities 

and  the purchase of communications equipment; 

- ,4  M  . 

(d)  accompanying  measures,  including: 

-  training  of  highly  specialized  personnel; 

-  analytical  studies  and  pilot  or  demonstration  projects  to  try  out 

new  methods,  techniques  and  technologies  likely  to  enhance  the 

effectiveness of  the  scheme. 

Article  2 

1. Member  States  shall  classify  their  territory  according  to  the  degree  of 

forest-fire  risk.  An  area  classified  by  degree  of  risk  must  normally 

correspond  to  an  administrative  area  at  least  equivalent  to  NUTS  level  III. 

2.  Only  areas  where  the  permanent  or  cyclical  risk  of  forest  fire  presents  a 

serious  threat  to  the  ecological  balance  and  the  safety  of  persons  and  goods 

or  constitutes  a  factor  which  is hastening  the  process  of  depopulation  of 

rural  areas  may  be  classified  as  areas  of  high  risk. 

Only  areas  in  the  regions  of  Corsica,  Languedoc-Roussi I Ion,  Provence-Alpes-

Côte  d'Azur  and  the  departments  of  Ardèche  and  Drôme  in  France,  the 

Mezzogiorno,  Lazio,  Tuscany,  Liguria,  Umbria,  Marche,  EmiIia-Romagna,  the 

provinces  of  Cuneo  and  Alessandria  in Piedmont  and  the  province  of  Pavia  in 

Lombardy  in  Italy,  in Greece,  Portugal  and  Spain  may  be  classified  as  areas 

of  h igh  r isk. 

3. Areas  where  the  forest-fire  risk  is not  permanent  or  cyclical  but  presents  a 

significant  threat  to  forest  ecosystems  may  be  classified  as  areas of  medium 

r isk . 

- 1S~ 

4.  The  other  areas  of  the  Community  shall  be  classified  as  areas  of  low  risk. 

5.  Member  States  shall  send  to  the  Commission  the  lists  of  areas  classified  by 

degree  of  risk  not  later  than  six  months  after  the  entry  into  force  of  this 

Régulât ion. 

The  Commission  shall  decide  to  approve  the  lists  in accordance  with  the 

procedure  laid  down  in Article  9. 

Art icle  3 

1. Member  States  shall  forward  to  the  Commission  forest-fire  protection  plans 

for  the  areas  classified  as  high  risk  and  medium  risk. 

2.  For  areas  of  high  risk  the  plans  shall  comprise: 

-  a  description  of  the  present  situation  in  the  area  or  subarea  as  regards 

the  system  of  prevention  and  monitoring  and  the  available  means  of  fire 

control,  together  with  the  methods  and  techniques  used  to  protect  forests 

against  fire; 

-  an  account  of  the  fires  occurring  in  the  five  preceding  years  and  a 

description  of  the  principal  causes  identified; 

-  an  indication  of  the  objectives  to  be  attained  by  the  end  of  the  plan's 

durât ion  as  regards: 

*  elimination  or  reduction  of  principal  causes 

*  improvement  of  systems  of  prevention  and  monitoring 

*  improvement  of  control  systems; 

-  a  description  of  the  measures  contemplated  for  achieving  the  objectives; 

-4e 

-  particulars  of  the  partners  associated  with  the  protection  of  forests 

against  fire  and  the  procedures  for  coordinating  their  participation. 

3.  For  areas  of  medium  risk  the  plans  shall  comprise: 

-  a  description  of  the  present  situation  in  the  area  or  subarea  as  regards 

the  system  of  prevention  and  monitoring  and  the  methods  and  techniques  used 

to  protect  forests  against  fire-, 

-  an  indication  of  the  objectives  to  be  attained  by  the  end  of  the  plan's 

duration  as  regards  the  elimination  or  reduction  of  the  principal  causes 

and  the  improvement  of  systems  of  prevention  and  monitoring; 

-  a  description  of  the  measures  contemplated  for  achieving  the  objectives; 

-  particulars  of  the  partners  associated  with  the  protection  of  forests 

against  fire  and  the  procedures  for  coordinating  their  participation. 

4.  After  consulting  the  Standing  Forestry  Committee  the  Commission  shall  deliver 

an  opinion  on  the  forest-fire  protection  plans  within  three  months  of  their 

forward ing. 

5.  From  1 January  1993,  Community  financing  of  forestry  measures  in  areas 

classified  as  high  risk  or  medium  risk  shall  be  subject  to  the  adoption  of 

forest-fire  protection  plans  and  the  implementation  of  measures  in  accordance 

with  such  plans. 

Art icle 4 

1. Before  1 November  each year, Member  States shall  submit  to the Commission 

their  projects or  programmes  for  improving  the protection of  forests against 

f ire. 

2. Projects and programmes may concern: 

-  for  high-risk  areas, measures as specified  in Article  1(3)(a),  (b), (c) and 

(d); 

-  for medium-risk  areas, measures as specified  in Article  1(3)(b) and (d), 

and campaigns  to  inform and educate  the public. 

3. After  1 November  1992, only  projects and programmes covered by plans as 

referred  to  in Article  3 which  have received  a favourable opinion  from  the 

Commission may  be submitted. 

After  1 November  1992 priority shall  be given to programmes. 

4. Detailed  rules for applying paragraph  1 shall  be adopted  in accordance with 

the procedure  laid down  in Article 9. 

Art icle 5 

1. The Commission  shall  ensure  the coordination  and monitoring of  the forest-

fire protection  scheme covered by  this Regulation.  In particular,  it may 

seek  the assistance of  research  institutes and scientific and  technical 

advisers. 

2. Coordination  and monitoring shall  also cover  assistance  to help Member  States 

set up a system of  information on  forest  fires with  the following aims: 

-1  g -

- encouragement  of exchanges of  information on forest  fires; 

- ongoing evaluation of  the  impact of measures undertaken  by Member  States 

and  the Commission  to protect  forests against  fire; 

- evaluation of  the periods, degree and causes of risk; 

-  development  of strategies  for  the protection of  forests against  fire, with 

particular  emphasis on  the elimination or  reduction of causes. 

3. Detailed  rules for  the application of paragraph  2 shall  be adopted  in 

accordance with  the procedure  laid down  in Article 9. 

They  shall  cover,  in particular, the type, comparability  and collection of 

data and  the procedures  for access to the data gathered. 

4. Member  States may confine  the collection of data  to areas classed as high 

r isk and medium r isk. 

5.  in preparation  for  the setting-up of  information systems, the Commission may 

finance pilot projects  to explore  the feasibility of  the various objectives 

of  the system.  Projects shall  be set up  in consultation with  the competent 

authorities of  the Member States. 

13  _ 

Art icle 6 

1. The Commission  shall  decide on  the Community's  financial-contr ibut i-on .to the 

projects and programmes  submitted  by  the Member  States and defined  in 

Article 4.  The granting of Community  financial  aid shall  be decided  after 

the Standing  Forestry  Committee,  set up by Council  Decision 89/367/EEC, has 

been  consulted. 

2. The Community's  financial  contribution  towards the measures  referred  to in 

Article  1(3) (a) to (d) shall  be: 

-  not  more  than 50% of  the expenditure  approved  by  the Commission  in high-

r isk areas ; 

-  not  more  than  30% of  the expenditure  approved  by  the Commission  in medium-

r isk areas; 

3. Expenditure on coordination  as referred  to  in Article  5(1) shall  be borne by 

the Community.  However,  the Community's  financial  contribution  towards the 

expenditure  of  the Member  States on setting up the  information  system 

referred  to  in Article 5 (2) shall  be : 

-  not more  than 50% for operations  in respect  of high-risk areas; 

-  not more  than 30% for operations  in respect  of medium-risk areas-, 

-  not more  than  15% for operations  in respect  of other  areas. 

Art icle 7 

Member  States shall  designate  the departments  and agencies authorized  to 

implement  measures  taken pursuant  to this Regulation  and  the departments and 

agencies  to which  the Commission departments  are to reimburse  the sums 

corresponding  to the Community's contribution. 

Article  8 

Member  States  shall  take  the  necessary  measures,  in accordance  with  national 

laws,  regulations  and  administrative  provisions,  in order  to: 

-  ascertain  the  effective  and  regular  nature  of  the operations  financed  by  the 

Community; 

-  prevent  irregularities; 

-  recover  sums  lost  as  a  result  of  irregularities or  negligence. 

Member  states  shall  make  available  to  the  Commission  all  the  necessary 

information  and  shall  take  all  appropriate  steps  to  facilitate  any  checks  the 

Commission  may  deem  fit  to make  in connection  with  the management  of  Community 

funding,  including  on-site  verifications.  Member  States  shall  inform  the 

Commission  of  the  measures  taken  to  this  end. 

Art icle  9 

1. Where  the  procedure  laid  down  in  this  Article  is to be  followed,  the  matter 

shall  be  referred  by  its chairman  to  the  Standing  Forestry  Committee  set  up 

by  Council  Decision  89/367/EEC,  either  on  his own  initiative  or. at  the 

request  of  the  representative  of  a Member  State. 

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.  The  opinion  shall  be  delivered  by  the  majority  laid 

down  in Article  148  (2) of  the  Treaty  in  the  case  of  decisions  which  the 

Council  is required  to  adopt  on  a proposal  from  the  Commission.  The  votes of 

the  representatives  of  the  Member  States  within  the  Committee  shall  be 

weighted  in  the  manner  set  out  in  that  Article.  The  chairman  shall  not  vote. 

2.1 

The  Commission  shall  adopt  measures  which  shall  apply  immediately.  However, 

if  these  measures  are  not  in accordance  with  the  opinion  of  the  Committee, 

they  shall  be  communicated  by  the  Commission  to  the  Council  forthwith,  in 

that  event,  the  Commission  may  defer  application  of  the  measures  which  it  has 

decided  for  a  period  of  not  more  than  one  month  from  the  date  of  such 

communicat ion. 

The  Council,  acting  by  a  qualified  majority,  may  take  a  different  decision 

within  the  time  limit  referred  to  in subparagraph  2. 

Article  10 

1.  The  scheme  is scheduled  to  run  for  five  years  from  1 January  1992. 

2.  The  Community  shall  contribute  to  the  scheme  within  the  limits of  the 

appropriations  entered  for  the  purpose  in  the  budget  of  the  European 

Communities  and  in accordance  with  this  Regulation. 

3.  Before  expiry  of  the  period  referred  to  in paragraph  1,  this  Regulation  sha 

be  reviewed  by  the  Council  on  a  proposal  by  the  Commission  and  on  the  basis 

of  a  progress  report  relating  to  the  sector  covered. 

Article  11 

Council  Regulation  (EEC) No  3529/86  of  17 November  1986  on  protection  of  the 

Community's  forests  against  fire  shall  remain  applicable  to  projects  or 

programmes  submitted  before  31  December  1991. 

- 2~ 2  -

A r t i c le  12 

This  Regulation  shall  enter  into  force on  the  third  day  following  its 

publication  in the Official  Journal  of  the  European  Communities. 

This  Regulation  shall  be  binding  in  its entirety  and  directly  applicable  in all 

Member  States. 

Done  at  ...  , 

For  the  Council 

The  President 

- 2  -h  -

FINANCIAL STATEMENT 
regarding: 
Draft Council Regulation on protection of the Community's forests against  fire  (1) 

1.  Budget  heading:  III B2-515  forests 

III B8-255 forests  (support  and maintenance  expenditure) 

2. 

Legal  basis: Articles 43 and 130s 

3.  Classification: Non-compulsory expenditure 
4. 

Objectives of the measure and description of  the scheme: To reduce  in number 
and size  the outbreaks of  fire and  the areas burnt down by combatting the 
causes of  fire and by  introducing  fire prevention and forest  surveillance 
measures. 

5.  Method of  calculation: 
5.1  Nature of  the expenditure: 

5.2  Share of Community  financing: 

Heading  III B2-515: co-financing of national 
expenditure 

For  the protection and surveillance measures, etc. (Article  1(3)), 30% or 
50% maximum according  to the degree of risk of  fire  in the region 
concerned; 
for  the measures relating  to the setting up of  the  information  system 
(Article  5(2)),  15%, 30% or 50% maximum according  to the degree of  risk 
of fire  in the region concerned; 
for  the support  and maintenance schemes financed under  heading  III B-255 
(minibudget), 100%. 

5.3  Calculât ion: 

Heading  IiI B2-515: 

(CA per year  in ECU million) 

dealing with  the causes 
prevention 
survei Nance 

Total 

3.0 
11.0 

&& 
20.0 (2) 

Heading  III B8-255  (mini  budget - 100% charged  to the Community: studies, expert 
reports, publications, etc.):  ECU 0.8 mi 11 ion/year. 

2 M 

6. 
6.1 

Financial  Implications for operating appropriations; 
Schedule of commitment  and payment  appropriations  (ECU mi 11 ion) CA/PA 

1 

Heading  III B2-515 

Heading  III B8-255 

Financial  year  CA 
1992 (4) 
1993 
1994 
1995 
1996 

20.0 
20.0 
20.0 
20.0 

Subsequent  financial 
years 

TOTAL 

91.4 

£A 

11.4 (3) 

0.1 

ÇA/PA 

0.6  (3) 

9.1 
16.8 
18.6 
19.8 

0.8 
0.8 
0.8 
0.8 

27.0 

91.4 

3.8 

6.2  Financing  during  the current  financial  year: 

7. 

Comments: 
CA - commitment  appropriations/PA - payment  appropriations 

(1)  The purpose of  this draft  is to revise  in depth  and extend  for 5 years the 

term of validity of Regulations  (EEC) Nos 3529/86 and  1614/89 on protection of 
the Community's  forests against  fire, which expire at  the end of 1991. 

(2)  For  the 5 years during which  the current  arrangements under  Regulation  (EEC) 
No 3529/86 have been applied, expenditure works out  at  ECU 43.0 million, that 
is ECU 8.6 million/year.  The  increase of ECU  11.4 million/year  is due to the 
fact  that  the forest  fire prevention measures will  be applied over  a  larger 
geographical  area and  results from an extension of  the measures financed 
(dealing with  the causes of  fires). 

(3)  It  is assumed  that  the scheme will  not be fully operational  until  1993; 

consequently  the amounts  for  the first year of  implementation are  lower  than 
the estimate under  point  5.3. 

(4)  The figures  for  1992 correspond  to the 1992 preliminary draft  budget. 

-2  s ._ 

ISSN 0254-1475 

COM(91) 431 final 

DOCUMENTS 

EN 

14  03 

Catalogue number : CB-CO-91-475-EN-C 

ISBN 92-77-76860-6 

Office for Officiai Publications of the European Communities 

1X2985 Luxembourg