COMMON POSITION (EC) No 5/95 adopted by the Council on 23 January 1995 with a view to adopting Council Regulation (EC) No . . ./95 of . . . on operations to promote tropical forests
Date: 1995-01-23
Institutions: Council of the European Union
Subjects: EU environmental policy, EU financing, action programme, forest conservation, tropical forest













EUR-Lex - 51995AG0626(01) - EN






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51995AG0626(01)

COMMON POSITION (EC) No 5/95 adopted by the Council on 23 January 1995 with a view to adopting Council Regulation (EC) No . . ./95 of . . . on operations to promote tropical forests  


Official Journal C 160 , 26/06/1995 P. 0001 





COMMON POSITION (EC) No 5/95adopted by the Council on 23 January  1995with a view to adopting Council Regulation (EC) No . . ./95 of . . . on operations to promote  tropical forests(95/C 160/01)THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 130s  and 130w thereof, Having regard to the proposal from the Commission (1), Acting in accordance with the procedure of Article 189c of the Treaty (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas the Commission communication to the Council of 16 October 1989 on 'The conservation of  tropical forests: the role of the Community' (4), set out broad guidelines for Community action in  this sphere; Whereas the resolution of the Council of Ministers for Development Cooperation of 29 May 1990 on  'Tropical forests: development aspects' established a basis for the use of development instruments  in tropical forest conservation; Whereas the European Parliament has expressed, in many parliamentary resolutions, concern over the  destruction of tropical forests and the consequences for forest peoples; Whereas the European Council of June 1990 in Dublin called for a programme of action to be drawn up  to counteract the threat to tropical forests; Whereas the Community and its Member States adopted the Rio Forest Principles, the Agenda 21 action  programme and the Convention on Biological Diversity and Climate Change; Whereas the Community operations to promote tropical forests form part of its objectives on the  conservation of forests; Whereas the Community intends to expand its actions to promote the conservation of tropical forests  in all appropriate ways, within the context of its environment policy and of its new development  cooperation policy, laid down in Articles 130u to 130y to the Treaty; Whereas, by virtue of their special knowledge, the forest peoples play a key role in managing the  environment, in particular with regard to the conservation of tropical forests; Whereas the ecological and socio-economic conditions of tropical forests vary within regions and  countries; Whereas a Community action, complementing Member States' actions, will facilitate a better  realization of the objectives pursued; Whereas existing financial instruments available to the Community for supporting the conservation  and sustainable development of forests could usefully be complemented; Whereas provision should be made for funding the actions referred to in this Regulation; Whereas an amount of ECU 150 million is deemed necessary for the implementation of the actions  covered by this Regulation for an initial three-year period (1995 to 1997); Whereas the Council will consider, before the end of 1997, the mechanisms for funding, from 1998  onwards, of operations to promote tropical forests, taking account of the outcome of the mid-term  review of the Fourth ACP-EEC Convention and the projected review of the framework regulation  concerning cooperation with developing countries in Asia and Latin America; Whereas rules for implementation, and in particular the form of action, the recipients of the aid  and the decision procedures should be laid down, HAS ADOPTED THIS REGULATION: Article 1The Community shall support actions to promote the conservation and  the sustainable management of tropical forests and the associated biological diversity in  accordance with the criteria and procedures provided for in this Regulation. Article 2For the purposes of this Regulation: 1. 'Tropical forests' shall be defined as those natural and semi-natural tropical or subtropical  forest ecosystems in both dry and humid areas. The areas concerned are those found within the  tropics and subtropics delimited by the 30th northern and southern parallels. 2. 'Conservation' shall be considered to include all actions to preserve and rehabilitate tropical  forests, and specifically those actions which are designed to protect or restore the biological  diversity, including ecological functions, of the forest ecosystem in question and at the same time  secure as far as possible its current and future utility value for mankind and in particular for  forest peoples. 3. 'Sustainable forest management' is understood as the stewardship and use of forests and forest  lands in a way, and at a rate, that maintains their biodiversity, productivity, regeneration  capacity, vitality and their potential to fulfil, now and in the future, relevant ecological,  economic and social functions, at local, national, and global levels without causing any damage to  other ecosystems. 4. 'Sustainable development' shall be considered as the improvement of the quality of life and  welfare of the relevant populations within the limits of the capacity of the ecosystems by  maintaining natural assets and its biological diversity for the benefit of present and future  generations. 5. 'Forest peoples' shall be defined as indigenous population groups 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. Article 31. Pursuant to this Regulation, the Community shall provide financial support or  technical expertise for actions which support and encourage the efforts of developing countries and  their regional organizations to conserve and sustainably manage their tropical forests, in the  context of the sustainable development of those countries and regions. 2. The recipients of aid and partners in cooperation may include not only States, regions and  overseas countries and territories but decentralized authorities, regional organizations, public  agencies, local or traditional communities, private industries and operators, including  cooperatives and non-governmental organizations and representative associations of forest peoples,  which include the conservation of tropical forests among their stated objectives or regular  activities. 3. Special consideration shall be given to actions in support of the conservation of forests which  are considered to be of importance for local effects such as the protection of watersheds, the  prevention of soil erosion and the restoration of degraded areas, and for global effects, such as  climate change and loss of biological diversity. Article 41. The priority given to specific actions will be determined according to the needs of  each country as reflected in regional and national development and environment policies relating to  forests and according to Community cooperation priorities. Particular consideration, however, shall  be given to actions that promote the following: (a) conservation of primary tropical forests and their biodiversity and regeneration of tropical  forests which have been damaged, supported by analysis of the underlying causes of deforestation  and taking into account differences between countries and regions and measures to address them; (b) sustainable management of forests designated for the production of timber and other products,  but excluding commercial logging operations in primary tropical forests, except those which are  Community based, small scale, sustainable, environmentally sound and implementing an appropriate  forest management; (c) the definition of certification systems for timber produced from tropical forests according to  sustainable forest management principles as part of envisaged internationally harmonized  certification systems for all kinds of timber and timber products; (d) participation by, and support from, forest peoples in the identification, planning and  implementation of actions; (e) capacity-building to address the needs for training schemes for local populations, forest  managers and researchers, for legislation, for increased political and social support and  institutional strengthening and for organizations and associations active in forest conservation; (f) a strategic and adaptive research policy aimed at supplying the knowledge required for the  conservation and sustainable management of forests and also for the implementation of research  monitoring activities in the framework of projects and programmes; (g) development of buffer zones to assist the conservation or regeneration of tropical forests, as  part of a broader land utilization plan; (h) development and implementation of forest management plans aimed at conserving tropical forests  and promoting sustainable exploitation of timber and other forest products. 2. The Community shall require actions carried out pursuant to this Regulation to be preceded by  reports on their ecological, social, economic and cultural impact, with specific qualitative or  quantitative objectives. Where applicable, these actions shall be evaluated with the participation  of local people. 3. The Community shall, in respect of the various Community policy areas which have a potential  direct impact on the conservation of tropical forests, develop and apply the instruments required  to prevent the policy pursued or planned from having a negative impact and, where possible, to  contribute to the conservation of tropical forests. 4. Actions carried out pursuant to this Regulation shall be coordinated with, and may provide  support for, national and international programmes and actions concerned with conservation and  sustainable management of tropical forests, such as the Tropical Forest Action Plan and the  International Tropical Timber Organization, provided these programmes and actions are in accordance  with the principles and objectives laid down in this Regulation. 5. Wherever possible, operations shall be carried out within the framework of regional  organizations and international programmes of cooperation in the context of a global policy on the  conservation of forests. Article 5Co-financing with Member States, or with multilateral, regional or other organizations  shall be sought through greater coordination. As far as possible, the Community nature of the aid  shall be maintained. Article 6Community funding shall be in the form of non-reimbursable grants. Article 71. Community funding of the actions referred to in Article 3 shall cover an initial  thee-year period (1995 to 1997). The total amount of Community funding deemed necessary for the  implementation of these actions during this period shall be ECU 150 million. 2. The budget authority shall determine the appropriations available for each financial year,  account being taken of the principles of sound financial management referred to in Article 2 of the  Financial Regulation applicable to the general budget of the European Communities. Article 81. Financial and technical assistance may cover all foreign currency costs and local  costs for carrying out projects and programmes, including, whenever necessary, integrated  programmes and sectoral projects. 2. Maintenance and operating expenses for economic cooperation operations, training and research  programmes and development projects and programmes may, in particular, be covered. However, except  for training and research programmes, such expenses may be covered as a general rule only at the  launching stage and in gradually decreasing amounts. 3. Systematic efforts shall be made to seek contributions, particularly in financial form, from  partners (countries, local communities, undertakings, individual recipients) as far as their means  permit and according to the nature of each operation. 4. The payment of taxes, duties and charges shall be excluded from Community financing. 5. Study costs and the short- and long-term use of experts to assist the recipients and the  Commission in devising general policies, identifying and preparing operations and monitoring and  evaluating them shall normally be covered by Community funds, either as part of the financing for  individual operations or separately. Article 91. Participation in invitations to tender and purchasing and other contracts shall be  open on equal terms to all natural or legal persons of the Member States. 2. With regard to financial and technical assistance, the participation referred to in paragraph 1  shall usually be extended to the recipient State, and may also be extended, case-by-case, to other  developing countries. 3. In exceptional cases which are duly justified, other countries of origin may be allowed for  specific components. Article 10Projects and programmes for which Community funding exceeds ECU 2 million in the case  of an ACP State and ECU 1 million in the case of an Asian or Latin American country, as well as any  substantial modifications which exceed 20 % of the amount initially agreed, shall be adopted  according to the procedure laid down in Article 11 (2). Article 111. The Commission shall administer tropical forest cooperation activities. 2. The Commission shall be assisted, as appropriate, by the Committee set up pursuant to Article 15  of Council Regulation (EEC) No 443/92 of 25 February 1992 on financial and technical assistance to,  and economic cooperation with, the developing countries in Asia and Latin America (1) or by the  Committee set up pursuant to Article 21 of the Internal Agreement on the financing and  administration of Community aid under the Fourth ACP-EEC Convention (2). 3. 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. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the  Committee. If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion  is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the  measures to be taken. The Council shall act by a qualified majority. If, on the expiry of a period of one month, the Council has not acted, the proposed measures shall  be adopted by the Commission. Article 12The Commission shall submit to the European Parliament and the Council an annual  report with an assessment of the implementation of this Regulation. The report shall set out the  results of implementation of the budget as regards commitments and payments and presenting the  projects and programmes financed during the year. The report shall contain, as far as possible,  information on the funds committed at national level during the same financial year. It shall also  contain specific, detailed information (undertakings, nationality, etc.) on the contracts awarded  for the implementation of the projects and programmes. Regular evaluation reports will be submitted to the committees mentioned in Article 11. Article 13This Regulation shall be implemented under an approach coherent with the general  principles laid down in Regulation (EEC) No 443/92 and in the Fourth ACP-EEC Convention and under  common criteria at all stages of the project cycle from identification to evaluation. Article 14This Regulation shall enter into force on the day following that of its publication in  the Official Journal of the European Communities. It will be applicable until 31 December 1997. This Regulation shall be binding in its entirety and directly applicable in all  Member States. Done at . . . For the CouncilThe President(1) OJ No C 78, 19. 3. 1993, p. 8 and OJ No C  201, 13. 7. 1994, p. 15. (2) Opinion of the European Parliament of 29 October 1993 (OJ No C 315, 22. 11. 1993, p. 644).  Council common position of . . . (not yet published in the Official Journal) and decision of the  European Parliament of . . . (not yet published in the Official Journal). (3) OJ No C . . .. (4) OJ No C 264, 16. 10. 1989, p. 1. (1) OJ No L 52, 27. 7. 1992, p. 1. (2) OJ No L 229, 17. 8. 1991, p. 288. STATEMENT OF THE COUNCIL'S REASONS I. Introduction1. The Commission forwarded to the  Council a proposal for a Regulation on operations to promote tropical forests on 26 February 1993  (1). 2. The European Parliament delivered its opinion on 29 October 1993 (2). 3. On 10 June 1994 the Commission forwarded an amended proposal to the Council (3) in order to take  account of certain amendments proposed by the European Parliament and the entry into force of the  Treaty on European Union on 1 November 1993. II. Common position1. Adoption of the common positionThe Council adopted its common position on  the basis of Articles 130s and 130w of the Treaty establishing the European Community on 23 January  1995. 2. Purpose of the Commission proposalThe Regulation lays down the arrangements and rules for  administering aid funded from the Community budget for the conservation and sustainable management  of tropical forests. 3. The Council's amendments to the Commission proposalWith some technical adjustments, the common  position basically follows the Commission proposal as far as the definitions and nature of the  operations to be funded are concerned. On the following points, however, the Council was unable to follow the Commission. (a) Duration of the RegulationThe Council set a three-year period for the Regulation (1995 to  1997), on the understanding that a decision could be taken to extend it in the light of a  comprehensive evaluation to be carried out before the end of 1997. (b) Type of committee called on to give an opinion on the proposed operationsIn the interests of  efficiency and to maximize the consistency of these operations with others being implemented in the  same region, the Council decided that this task should be entrusted, as appropriate, to the PVDALA  Committee or the EDF Committee. The committee procedure used would be type III (a) of the Council  Decision of 13 July 1987 (4)It should also be noted that the Council decided, as in other similar  cases, to specify the amount deemed necessary for these operations. The amount is ECU 50 million  per year and corresponds to the figures actually entered in the budget by the budget authority in  recent years. 4. European Parliament's amendmentsSubject to the above comments, the Council's common position  includes virtually all Parliament's amendments as incorporated by the Commission in its amended  proposal. The Council refers here to amendments 1 to 5, 7, 9 to 23, 25 to 27, 29 and 32, all of  which were wholly or partially accepted. In the light of the Commission's opinion, the Council did not adopt amendments 3, 6 and 30 relating  to the timber trade. Neither did the Council adopt amendments 8, 24, 28 and 31, which were not  incorporated in the amended Commission proposal. (1) OJ No C 78, 19. 3. 1993, p. 8. (2) OJ No C 315, 22. 11. 1993, p. 644. (3) OJ No C 201, 23. 7. 1994, p. 15. (4) OJ No L 197, 18. 7. 1987, p. 33.