Amended proposal for a Council Regulation amending Council Regulation (EEC) No 1973/92 establishing a financial instrument for the Environment (LIFE)
Date: 1996-01-26
Institutions: European Commission
Subjects: Central and Eastern European countries, EU financial instrument, co-financing, conservation of resources, environmental protection

'%S*SSi|ftS!5!'Ci!6! 

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  26.01.1996 
COM(96)  25  final 

95/0093  (SYN) 

Amended  proposal  for  a 

COUNCIL  REGULATION  ŒO 

amending  Council  Regulation 
(EEC)  n°  1973/92  establishing  a  financial  instrument  for 
the  Environment 
(Liffe) 

(presented  by  the Commission  pursuant  to Article  189 a (2) 
of the  EC-Treaty) 

EXPLANATORY  MEMORANDUM 

Pursuant  to  Article  130s(l)  of  the  EC  Treaty,  the  Council  consulted  the  European 
Parliament  on  the  proposal  for  a  Council  Regulation  amending  Council  Regulation  (EEC) 
N° 1973/92 establishing a financial  instrument for the Environment  (Life) (COM(95)135  final 
-  95/0093(SYN)). 

During the November  1995 plenary  session, Parliament  approved 34 amendments, 28 

of  which  were  accepted  by the  Commission either  fully  or in part1. 

The  various  amendments  and  those  not  accepted  and  rejected  are discussed below. 

Amendments  accepted  by the  Commission 

Some  amendments  aim  at  clarifying  Life  objectives  and  are  considered  by  the 
Commission  as  very  useful.  Amendment  4,  first  part  (on  article  1.1)  recalls  the  actions 
financed by Life and the areas of activity eligible. Amendment 4, second part, can be accepted 
in principle  but  inserted  in  following  amendment  6. Amendment  6 (on article  1.1)  proposes 
definitions  of  preparatory  measures,  demonstration  measures  and  technical  assistance. 
Amendment  8 (on  article  1.2)  defines  the scope of preparatory  measures, and amendments 3 
and  16  (adding  a  new  recital  6a  and  concerning  article  1.2)  underline  the  need  for 
accompanying  measures to facilitate  the Life mission. All these amendments were implicit  in 
the  Commission proposal,  and  will  render  the  amended  Regulation more  explicit. 

The  amendments aiming  at putting  Central and Eastern European  Countries (CEECs) 
on the  same  level  as Member  States  for  Life projects  (amendments  7 and  28 on articles  1.2 
and  1.7)  and allowing non-CEECs third countries to share some fields of action (amendments 
2,15  and  30,  creating  a  new  recital  6a  and  on  articles  1.2  and  1.7)  are  acceptable,  either 
completely  or  partly.  Amendment  7,  opening  to  CEECs  the  whole  of  the  Life  field  of 
application,  deserves  support  in  principle,  but  "where  appropriate"  must  be  added  to  avoid 
problems with preparatory measures or the enforcement  of the Habitats Directive;  furthermore 
the origin of financial  resources available for these projects needs clarification  by appropriate 
redrafting. 

PV  PE  195.172  pp.  9-21  of  17.11.95 

2: 

The amendments concerning water treatment or management (amendments  10 and  11, 
both  on  article  1.2), coastal  zones  (amendment  9 on article  1.2), air  pollution  (amendments 
12 and  13, both on article 1.2) or industrial activities (amendments  14 on article 1.2) generally 
correspond  with  the  Commission's thinking,  but  need the  redrafting. 

The amendments on financial  matters  (amendments  19, 20, 21 on articles  1.5  and 35 
deleting article  1.12)  generally correspond to the Commission's desire for equity in the sharing 
out of subsidies between priorities and between beneficiaries. The maximum financial  support 
proposed  by  amendments  19, 20 and  21 fit  with current practice,  and the principle  of  50/50 
sharing  between  nature and non-nature  sectors is accepted  (part of  amendment  18 on  article 
1.5).  The  deletion of article  1.12  (amendment  35), which proposed  an intermediate  phase  in 
1996 implying  a reserve of  1995 proposals, is justified  considering the poor  quality  of  non-
selected  1995  proposals. 

The  amendments  detailing  the  procedure  of  proposal  submission  and  reporting 
(amendments 22, 23, 24, 25, 26, 27 and 31 on articles  1.5,  1.6  and  1.8)  are helpful  to  clarify 
procedures  and  make  them  more  transparent  to  Member  States  and  to  beneficiaries,  and 
therefore  the  Commission agrees  with  them.  They  generally  correspond  to current  practice, 
except the amendment 22 which provides a useful  tool through the introduction of a reference 
framework  intended to orientate potential proposers in all non-nature sectors. This  framework 
would  take  the  place  of  the  current  Regulation  "priorities", whose  applicability  varies  from 
one year  to the  other. 

Amendments  not  accepted  by the  commission 

Amendment  17 (on articles  1.4)  is not  accepted  for  legal and  technical  reasons  : the 
Commission is traditionally against showing indicative amounts and an amount of 800 MECU 
is  inconsistent  with  the  budgetary  schedule. 

Amendment  18,  1st part  (on  article  1.5),  increasing  to  above  5% the  share  of  funds 
allocated to non-CEECs third countries actions, cannot be accepted because 5% is already  an 
increase  for  the  countries  concerned  and  resources are  limited. 

The additional criterion concerning the use of Best Available Technology, foreseen by 

amendment  29  (on article  1.7),  is not  implementable  and  cannot  therefore  be  accepted. 

?> 

Amendment  37 (on article  1.7)  cannot.be accepted because it would create  confusion. 

Amendment  32  on  comitology  (on  articles  1.9)  is not  acceptable  because  of  it  runs 
counter  to  Council  Decisions  87/373/EEC2  on  Comitology.  Life  Committee  must  remain  a 
regulatory  Committee  (Ilia type). 

Concerning  amendment 33 (on article  1.11), the first  part (in line with amendment 1 
on recital 4) foresees  formal  annual reports to be adressed by the Commission to the Council 
and  the  Parliament,  either  evaluating  each  action  undertaken  (amendment  1)  or  evaluating 
results of Life  1 and Life 2 projects (amendment  33).  Because of the great variety of  projects 
financed  by Life,  this would be impractical, but the Commission agrees to supply Parliament 
with information  documents  on project  monitoring  in an ad hoc manner. As regards  general 
evaluation of  the financial  instrument, the  Commission is already committed to submitting  a 
formal  report  in  1998. The second part  of amendment  33 providing  for the establishment of 
a  legal base  for  Life  after  1999, is contradictory  to the Commissions right of  initiative. 
The legal base will be chosen in accordance with Court of Justice case law which implies that 
the choice  must  be made  taking  into  account,  amongst  other things, the specific  content  of 
any  proposals. 

O.J. L  195 of  18.7.87  pp.  33-35 

ty 

Amended  proposal  for  a Council  Regulation  amending  Council Regulation  (EEC) 
N° 1973/92 establishing  a financial  instrument  for  the  Environment  (Life) 

Original  text 

Recital  6 

Modified  text 

Recital 6 

between 

agreements 

Whereas  the  additional  protocols  to  the 
Europe 
the 
Community  and  certain  Central  and 
Eastern  European  countries  provide  for 
the  participation  of  those  countries  in 
Community  programmes,  in  particular 
concerning  the  environment; 

between 

agreements 

Whereas  the  additional  protocols  to  the 
Europe 
the 
Community  and  certain  Central  and 
Eastern  European  countries  provide  for 
the  participation  of  those  countries  in 
Community  programmes,  in  particular 
the  environment; 
those  concerning 
whereas, 
these 
countries  to  Life  must be  ensured  under 
conditions  similar to those applicable  to 
the  activities  to  be  carried  out  in  the 
Community; 

therefore,  access  of 

Recital  7 (new) 

Whereas,  given  that  the  aforementioned 
Central  and  European  countries  will 
themselves  meet 
their 
the  cost  of 
participation, 
the  Community  may 
decide,  if  appropriate  for  specific  cases 
rules 
and 
applicable  to  the  General  Budget  of  the 
European  Communities, 
grant 
supplements  to  the  countries'  national 
contribution; 

in  conformity  with 

the 

to 

Recital  8 (new) 

Whereas,  for 
third  countries  of  the 
Mediterranean  or  the  Baltic  other  than 
the  Central  and  Eastern  European 
countries  which have  signed  association 
European 
agreements  with 
Community, 
to 
there 
implement  technical  assistance activities 
and  demonstration  activities  !>•  nature 
conservation  and  in  other  areas  of  the 
environment; 

the 
is  a  need 

Recital  9  (new) 

Whereas,  during  the  various  phases  of 
implementation,  evaluation of the results 
of  the  demonstration  initiatives  must  be 
ensured by suitable and sufficient  means; 

9 

it  possible 

to  monitor 

whereas  in  particular  these  means  must 
make 
the 
initiatives to detect any administrative or 
technical  problems  in  good  time  and  to 
determine  the  possible  synergy  between 
projects;  whereas  this  approach  aims  to 
promote  a multiplier  effect  adding  value 
to  these  activities; 

Article 1 

Article  1 

Regulation  (EEC) No  1973/92 is hereby 
amended  as  follows: 

Regulation  (EEC) No  1973/92 is hereby 
amended  as  follows: 

(1)  Article  1 
following: 

is 

replaced  by 

the 

(1)  Article  1 
following: 

is  replaced  by 

the 

Article 1 

Article 1 

financial 

A 
the 
environment,  hereinafter  referred  to  as 
"Life", is hereby  established. 

instrument 

for 

financial 

A 
the 
environment,  hereinafter  referred  to  as 
"Life", is hereby  established. 

instrument 

for 

The general  objective  of Life  shall be to 
contribute to the development and, where 
of 
appropriate, 
Community  environment  policy  and 
legislation. 

implementation 

to 

to 

implementation 

The  general  objective  of Life  shall  be to 
contribute to the development and, where 
of 
appropriate, 
Community  environment  policy  and 
legislation by financing projects aimed at 
nature  conservation,  preparatory  or 
demonstration  activities,  or 
technical 
assistance. 

For  the  purposes  of  this Regulation,  the 
following  definitions  shall  apply: 

"Nature 
conservation"  means 
measures  required  to  maintain  or  to 
reestablish  natural  habitats  and  wild 
species  of  fauna  and  flora 
in  a 
favourable  state. 

"Preparatory 
activities"  means 
projects  concerning  the  promotion 
of joint  initiatives, cooperation  and 
the  transfer  of  know-how  between 
national) 
(local, 

regional 

or 

€ 

agencies 

government 
non-governmental 
and/or  socio-economic  actors: 

and/or 
organizations 

and/or 

"Demonstration  activities"  means 
the  introduction  of  a new technical 
process 
or 
original  approaches  for  the  country 
concerned  and  the  carrying  out  of 
exploratory  projects  designed  to 
facilitate  sustainable  development. 

innovative 

"Technical 
assistance"  means 
projects  to  be  promoted  by  local 
government  or  non-governmental 
organizations  to  encourage  rational 
management  of  the  environment 
through  increased  cooperation,  in 
particular transnational cooperation, 
where 
global 
cross-border  or 
problems  are  involved. 

(2) 

Article  2  is  replaced  by  the 
following: 

(2)  Article  2 
following: 

is 

replaced  by 

the 

Article  2 

Article  2 

The  areas  of  activity  eligible 
financial  support  from  Life are: 

for 

The  areas  of  activity  eligible 
financial  support  from  Life are: 

for 

1.  In  the  Community 

1.  In 

in 

the  Community 
the 

and,  where 
Central  and 
appropriate, 
Eastern  European  countries  which 
have  signed  association  agreements 
with  it. 

1.1  nature  protection  measures: 

1.1  nature  conservation  measures: 

to 

b i r ds 

Measures  needed 
implement 
Council  Directive  79/409/EEC,  of 
2  April  1979, on the conservation of 
C o u n c il 
wild 
D i r e c t i ve  9 2 / 4 3 / E E C, 
of 
21  May  1992,  on  the  conservation 
of natural habitats and of wild  fauna 
and  flora  and,  in  particular,  the 
Natura  2000  European  Network  or 

and 

to 

b i r ds 

Measures  needed 
implement 
Council  Directive  79/409/EEC,  of 
2  April  1979, on the conservation of 
C o u n c il 
w i ld 
D i r e c t i ve  9 2 / 4 3 / E E C, 
of 
21  May  1992, on the conservation of 
natural  habitats  and  of  wild  fauna 
and  flora  and,  in  particular,  the 
Natura  2000  European  Network 

and 

Ï 

equivalent  activities  outside  the 
Community: 

1.2  Other  measures  designed 

to 
implement Community environment 
policy  and  to  promote  sustainable 
development: 

(a)  preparatory  and  support  measures 
designed 
implement 
to  help 
Community  legislation  or  to  help 
direct  structural  aid  towards  the 
environment,  and namely: 

protection of coastal areas, including 
the coastal  part  of catchment areas 
and their rational management: 

and 

prevention 
reduction  of 
industrial waste, especially toxic and 
dangerous waste; 

protection  of  water  resources  and 
management  of  water,  including 
waste water and contaminated water 
treatment; 
prevention of atmospheric pollution. 
especially  in urban areas; 

(b)  demonstration, 

promotion 

and 
technical  assistance  activities  for 
local  authorities  with  a  view  to 
incorporating environmental factors 
into 
and 
development; 

planning 

regional 

(c)  innovative 

and 

demonstration 
projects  designed 
to  promote 
sustainable development in industrial 
activities. 

1.2  Other  measures  designed 

to 
i m p l e m e nt  C o m m u n i ty 
environment policy: 

to 

help 

(a)  preparatory  and  support  measures 
designed 
implement 
Community legislation by increasing 
the  efficiency  of  structural  aid  for 
the  environment 
in  the  priority 
sectors in which it is used, namely: 

-  protection of coastal areas and their 

rational management, 

reduction  of  industrial  waste,  in 
particular toxic and hazardous waste, 
including 
contaminated sites, 

reclamation 

of 

water  protection,  including  waste 
water treatment; 

(b) demonstration, 

promotion 

and 
technical assistance projects for local 
to 
authorities  with 
incorporating  environmental  factors 
into 
and 
development; 

a  view 

planning 

regional 

and 
designed 

demonstration 
(c)  innovative 
projects 
to  promote 
sustainable development in industrial 
activities,  such as projects  to check 
the  economic  feasibility  of  clean 
technologies, to provide appropriate 
environmental training for the use of 
such  technologies  and  to  promote 

8 

environmental  audits  and  ecolabels, 
etc. 

2.  (c) new 
conservation  or  rehabilitation,  from  a 
conservation  viewpoint,  of 
nature 
important habitats sheltering endangered 
species  of  flora  and  fauna. 

3.  A c c o m p a n y i ng 

m e a s u r es 
implemented  at  the  initiative  of  the 
Commission  needed 
to  analyse, 
evaluate  or  promote  the  projects 
^undertaken under paragraphs  1 and 2 
of 
above 
information  on this  subject. 

dissemination 

and 

of 

the 

Accompanying measures needed for 
the  monitoring,  evaluation  or  the 
activities 
promotion 
undertaken  during  the  first  phase 
and/or within the framework defined 
by  paragraphs  1 and  2  above,  and 
information 
dissémination  of 
concerning  the  experience  gained 
during  and  the  results  of  these 
activities. 

(5) 

Article 8 
following: 

is 

replaced  by 

the 

Article  8 

l.(c)  5% 

for  measures  undertaken 

under  Article 2(2); 

is 

replaced  by 

the 

(5)  Article  8 
following: 

Article  8 

l.(c)  5% 

for  activities  undertaken 
under  Article 2(2) 
in  equal 
shares,  between  nature 
conservation and other activities. 

2.  The  rate  of  Community  financial 
support for tlie measures referred to 
in  Article  2(1) 
shall  normally  be 
50%  of  the  eligible  cost. 

Nonetheless,  this  rate  shall be: 

-  30%  of  the  cost  for  projects 
generating  significant  income, 

The  rate  of  Community  financial 
support for the measures referred  to 
in  Article  2(1)  and  2b)  shall  be  a 
maximum  of  50%  of  the  eligible 
cost. 

However,  this rate shall be: 

-  a  maximum  of  30%  of  the  cost 
is 
of 
it 
activities  wjikh 
a 
considered  will  generate 
potentially significant income, 

* 

by way of exception, a maximum 
of  75%  of  the  cost  of  projects 
concerning, 
in  the  European 
Union,  natural  habitats  or 
priority  species  as  defined  in 
D i r e c t i ve  9 2 / 4 3 / E EC 
or 
populations of birds in danger of 
extinction. 

-  by way of exception, a maximum 
of  75%  of  the  cost  of  activities 
concerning, '  in  the  European 
Community,  natural  habitats  or 
priority  species  as  defined  in 
i  Directive 92/43/EEC or the bird 
fry 

s p e c i es 
Directive 79/409/EEC which ate 
in danger of extinction, 

c o v e r ed 

-  hv wav of exception, a maximum 
of 75 % of the cost of activities to 
be  carried  out,  in  fields  other 
thannatureçomCTvation. fry nçn-
goveiiiuièiitàl  orgamzations  in 
partnership  with  pufrlic 
"agfl.  where 
authorities 
with  private 
appropriate. 
companies. 

2.(a) 

(new)^ 

Activities  carried  out  in  Central  and 
Eastern European countries  with which 
the  Union  has  concluded  association 
agreements  are  financed  from  the 
financial  resources  provided  by  these 
countries.  Any  financial  contribution 
from  the Community shall be decided on 
a  case  by  case  basis  according  to 
available  resources,  as provided  for  in 
the 
association 
agreements.  The  financial  allocation 
between  nature  conservation  measures 
and other activities shall be made under 
the 
the 
Community. 

same  conditions  as 

aforementioned 

for 

Article  8(a)  (new) 

1.  For activities covered by paragraph 
1.2.  (b)  and  (c)  of  Article 2,  the 
Commission, in accordance with the 
Article  15  procedure  and  before 
31 May  1996,  shall  establish  a 
reference framework covering: 

Ao 

- 

the  chief 
the  evaluation  of 
environmental needs with regard 
to regional planning, particularly 
for  urban  areas,  with  a  view to 
providing guidelines for activities 
to  be  undertaken  by 
local 
authorities; 

-  an analysis of the environmental 
situation  in  industry  at  sectoral 
level  with  a  view  to  identifying 
suitable guidelines for sustainable 
development in this sector. 

information 

2.  The reference framework referred to 
in paragraph  1, which is intended to 
provide 
for  parties 
concerned  by  financial  support 
under  Life  in  fields  which  are  of 
particular Community interest, shall 
be  adapted  by  the  Commission 
every two years as necessary. 

(6)  In Article 9: 

Paragraph 1 
following: 

is  replaced  by  the 

(6)  In Article 9: 

Paragraph  1  is  replaced  by  the 
following: 

1.  Proposals 

for  measures 

to  be 
financed  shall  be  submitted  to  the 
Commission by the Member States. 
Where measures  involve more than 
one  Member  State,  proposals  shall 
be  submitted  by  the  coordinating 
authority or body." 

1.  Proposals 

for '  measures 

to  be 
financed shall  be  submitted  to  the 
Commission by the Member States. 
Where measures involve more than 
one Member  State,  proposals  shall 
be  submitted  by  the  coordinating 
authority  or body." 

Proposals shall be forwarded  to the 
Commission  before  30  September, 
The Commission shall rule on these 
proposals fry 30 April." 

2.  Unchanged 

compared  with 
Regulation  EEC  1973/92 
(see 
OJ L 206,  22.7.92)  [However,  the 

2.  deleted. 

Ai 

Commission  may  ask  any  legal  or 
natural  persons  established  in  the 
Community  to  submit  applications 
for assistance in respect of measures 
the 
of  particular 
Community  by  means  of  a  notice 
published  in the  Official Journal of 
the European  Communities.] 

interest 

to 

Paragraph 4 
following: 

is  replaced  by  the 

"4.  The  Commission  shall  inform  the 
Member  States  of  the  content  of 
proposals received in the  framework 
of  expressions  of  interest  and  of 
applications  submitted  by 
third 
countries." 

Paragraph 
following: 

5  is  replaced  by  the 

for 

in 
provided 
Measures 
Article 2(1)(1)  shall  be  subject  to 
the procedure  set  out  in Article 21 
other 
of  Directive 92/43/EEC; 
LIFE measures shall be approved in 
accordance  with 
the  procedure 
provided for  in Article 13. 

The  measures  approved  shall  give 
rise: 

decision 

-  for  projects  to be undertaken  in 
the European Community,  to an 
outline 
the 
Commission  addressed  to  the 
concerning 
Member  States 
proposals  which  have  been 
individual 
accepted  and 

from 

to 

/it-

Paragraph 4  is  replaced  by,  the 
following: 

"4.  The  Commission  shall  transmit  to 
Member  States  a  summary  of  the 
principal points and of the contents 
of the proposals received, including 
requests  from  third  countries  and 
the  Central  and Eastern  European 
signed 
countries  which  have 
with  the 
association  agreements 
European  Community." 

Paragraph 5 
following: 

is  replaced  by  the 

Nature 
conservation  measures 
provided  for  in paragraphs  1.1 and 
2 of Article 2 and thé corresponding 
accompanying  measures  shall  be 
subject  to  the  procedure  set out  in 
Article 21 of Directive 92/43/EEC; 
other  LIFE  measures  shall  be 
approved  in  accordance  with  the 
procedure 
in 
provided 
Article 13. 

for 

The  measures  approved  shall  give 
rise: 

-  for activities to be undertaken in 
the European Community,  to an 
the 
outline  decision 
Commission  addressed  to  the 
concerning 
Member  States 

from 

the 
addressed 
decisions 
beneficiaries  concerning  specific 
projects; 

to 

- 

for  projects  to  be  undertaken  in 
third  countries,  to  a  contract  or 
an  agreement  setting  out  the 
rights  and  obligations  of 
the 
partners,  as  drawn  up  with  the 
for 
beneficiaries 
implementation  of 
said 
projects." 

responsible 
the 

6.  deleted. 

to 

proposals  which  have  been 
individual 
and 
accepted 
decisions 
the 
addressed 
beneficiaries  concerning  specific 
projects,  the financial conditions 
of jwhich shall be agreed with the 
latter. 

to 

-  for  activities  to be undertaken  in 
third  countries,  to  a  contract  or 
an  agreement  setting  out  the 
rights  and  obligations  of 
the 
partners,  as  drawn  up  with  the 
beneficiaries 
for 
said 
implementation  of 
activities." 

responsible 
the 

6.  deleted. 

(7)  A new Article 9a is added  as  follows: 

(7)  A new Article 9a is added as  follows: 

Article  9a 

Article  9a 

1.  Requests for financial support shall be 
for  projects  meeting  the  following 
criteria: 

1.  Requests 

financial 
for 
support 
fre 
concerning  measures 
to 
implemented  in  the  Community  and 
the  countries  of  Central  and  Eastern 
Europe which have signed  association 
agreements  with 
for 
activities  which  meet  the  following 
criteria,  where  relevant: 

it  shall  be 

(a)  be 

of  Commumty 

interest, 

in 

(a)  they  must  be  of  Community  interest, 

particular  as  a result  of: 

in particular  because  of: 

(A)  General  criteria 

- 

- 

the  habitats  or  species  concerned, 
or 
the  answers  found  to  a  problem 
frequently 
the 
Community; 

encountered 

in 

- 

- 

the  habitats  or  species  concerned, 
or 
the  answers  found  to  a  problem 
frequently 
the 
encountered 
Community; 

in 

Sfb 

(B)  Specific  criteria 

(b)  Unchanged 

(b)  make  a  significant  contribution  to  the 
implementation 
of  Community 
environment  policy  for  promoting,  in 
particular, 
or 
a  multinational 
biogeographical  region  approach; 

(c)  as regards nature conservation projects 
be  aimed  at  the  sites  proposed  by  a 
Member  State  under  Article  4  of 
Directive  92/43/EEC or sites classified 
p u r s u a nt 
of 
species 
Directive  79/409/EEC 
mentioned 
I 
respectively  to those Directives; 

in  Annexes II  and 

to  A r t i c le  4 

or 

(c)  as 

regards 

conservation 
nature 
measures,  they  must  concern  sites 
proposed  by  a  Member  State  under 
Article  4  of  Directive  92/43/EEC  or 
sites classified pursuant to Article 4 of 
Directive  79/409/EEC  or  species  as 
referred 
in  Annexes  II  and  I, 
respectively,  to  those Directives; 

to 

(d)  as 

r e g a r d s, 
demonstration, 
technical  assistance projects: 

in 
promotion 

p a r t i c u l a r, 
and 

(d)  Unchanged 

-  be  innovative  and  example-setting 
and  represent  progress  compared 
with the current situation or current 
available  technology, 
capable 

promoting 
of 
widespread  application of practices 
and 
to 
technologies  conducive 
environmental  protection, 

-  be 

-  aim  at  developing  and  transferring 
know-how  which  can  be  used  in 
identical  or  similar  situations, 
-  have  a  satisfactory  cost-benefit 
and,  where"  appropriate, 

ratio 
guarantees  of  economic  viability, 

-  comply  with 
principle. 

the  polluter  pays 

3(a) 

(new) 

Requests  for  financial  support  from  third 
countries  of  the  Mediterranean  or  the 
Baltic  other  than  the  Central  and  Eastern 
European  countries  which  have  signed 
association  agreements  with the  European 
Community  shall  be  for  activities  which 
meet the  following  criteria: 

AH 

they  must  be  of  Community  interest, 
and  in  particular  contribute  to  the 
implementation  of  the  regional  and 
international 
and 
guidelines; 

agreements 

they  must  contribute 
to  a  policy 
encouraging  sustainable  development 
at  all  levels  (national,  regional  or 
international); 

they  must  help  to  solve  very  serious 
environmental  problems  in the  region 
or the  field  concerned; 

they  must 
cooperation; 

increase 

cross-border 

they  must  guarantee  the  feasibility  of 
the 
their 
technical  proposals,  and 
technical  and  financial  management 
and provide a good cost-benefit  ratio; 

(8)  In Article  12 

(8)  In Article  12 

2.  For  each  multiannual  action 

shall 

the 
beneficiary 
submit  progress 
reports  to  the  Commission  within  six 
months  of  the  end  each  full  year  of 
implementation.  Within six months of 
completion  of the action a final report 
shall  also  be 
the 
Commission.  For  each  action  lasting 
less  than  two  years  the  beneficiary 
the 
a 
shall 
Commission  within  six  months  of 
completion  of 
The 
Commission  shall  determine  the  form 
and  content  of  these reports. 

the  action. 

forwarded 

submit 

report 

to 

to 

2.  For  each  multiannual  activities  the 
beneficiary 
submit  progress 
shall 
reports  to  the  Commission  within  six 
months of the end of each full  year  of 
implementation.  Within six months of 
completion  of the action a final  report 
the 
shall  also  be 
Commission.  For  each  action  lasting 
less  than  two  years  the  beneficiary 
the 
shall 
Commission  within  six  months  of 
completion  of 
The 
Commission  shall determine  the  form 
and  content  of these reports. 

the  action. 

forwarded 

submit 

report 

to 

to 

a 

Reports  are  based  on  physical  and 
in  the 
indicators  defined 
financial 
Commission Decision which  approves 
the  projects,  or  in  the  contract  or 

A<T 

agreement 
beneficiaries. 

concluded  with 

the 

These indicators are structured so as to 
indicate  the  state  of  progress  of  the 
project  and 
to  be 
the  objectives 
achieved  within  a  given time. 

(11)  Article  14 

is  replaced  by 

the 

(11)  Article  14 

is  replaced  by 

the 

following: 

Article  14 

Unchanged 

The Council  acting in accordance with the 
Treaty, shall decide on the implementation 
of the third  stage as from  1 January  2000. 

Article  14a 

Deleted 

following: 

Article  14 

No  later  than  31  December  1998,  the 
Commission  shall  submit  a  report  to  the 
European Parliament and to the Council on 
the  implementation  of  this Regulation  and 
on  the  use  of  appropriations  and  shall 
make  proposals  for  any  adjustment  to  be 
made  with  a view to  continuing the  action 
beyond  the  second  phase. 

The Council, acting by a qualified  majority 
on a proposal  from  the  Commission,  shall 
decide  on 
the 
implementation  of 
second  phase  as from  1 January  2000. 

the 

12) A  new  Article  14a is added  as  follows: 

Article  14a 

for 

financial  support 

Applications 
for 
measures which  could  not be granted  such 
support  because  of  the  inadequacy  of  the 
financial  resources  available  in  1995  may 
be  taken  into  consideration  in  accordance 
with  the  conditions  of  this  Regulation  in 
the  context  of  the  1996 budget year.' 

A 6 

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COM(96) 25 final 

DOCUMENTS 

EN 

01  14 

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