Re-examined proposal for a COUNCIL REGULATION (EC) amending Regulation (EEC) No 1973/92 establishing a financial instrument for the environment (Life)
Date: 1996-06-13
Institutions: European Commission
Subjects: coastal region, environmental policy, environmental protection, financial instrument, water management

COMMISSION OF THE EUROPEAN COMMUNITIES 

A ** 

Brussels,  13.06.1996 
COM(96) 295 final 

95/0093 (SYN) 

Re-examined  proposal  for a 

COUNCIL  REGULATION  (EC) 

amending Regulation  (EEC) No  1973/92 establishing  a fînancial instrument  for 
the environment  (Life) 

(presented by the Commission  pursuant to Article  189 c (d) 
of the EC Treaty) 

EXPLANATORY  MEMORANDUM 

On  12 April  1995 the Commission adopted, on the basis of Article  130s(l) of the Treaty, 
the  proposal  for  a Regulation  amending  Regulation  (EEC)  No  1973/92  (Life) with  the 
objective  of  implementing the  second  phase of the instrument  (1996-1999).  l 

The Economic  and  Social  Committee gave its opinion  on 25 October  1995.2 

The European  Parliament  gave its opinion  at the first  reading  on  17 November  1995.3 

On  26 January  1996  the  Commission  adopted  an  amended  proposal  pursuant  to 
Article  189a(2)  of  the  EC Treaty  incorporating  28  of the  34  amendments  approved  by 
Parliament.4 

On  18 December, the Council approved a common position on the Commission proposal.5 

The  European  Parliament  adopted  its  decision  on  the  Council  common  position  on 
5-6  June  1996, which  it approved  subject  to 7 amendments. 

The  Commission  has  examined  the  amendments  adopted  by  Parliament  at  the  second 
reading,  and  incorporated  some of them  in the current  reexamined  proposal. 

The  Commission's  position  on the amendments  adopted  by  Parliament  is as  follows: 

Amendments  1 to 4 are accepted  in  full  (the Commission  already  accepted  them  at the 
first  reading). 

These concern:  - 

amendments  1 and 2 designed to clarify,  in Article 2(l)(b)(iii), the 
scope  of  preparatory  measures  concerning,  firstly,  wetlands  in 
coastal  areas around  river  mouths  and,  secondly,  management  and 
protection  of water resources; 

amendment  3 specifying  in  Article 2(2)(a) nature protection  in  the 
areas of activity under Life with regard to third countries other than 
the countries of Central  and Eastern Europe; 

OJ  C  184,  18.7.1995, p. 12. 
OJ C  18, 22.1.1996, p. 15. 
OJ C 323, 4.12.1995, p. 158. 
O J C 9 2,  28.3.1996, p. 7. 
OJ  C  134, 6.5.1996, p. 1. 

amendment  4  adapting  Article 2(3)  to  permit  the  monitoring  and 
dissemination  of  the  results  of  all  the  measures  receiving  Life 
funding  including Phase I,  and not merely  Phase  II as provided for 
in the  common  position. 

Amendment  6 concerning the transparency  of procedures is accepted in principle, but the 
Commission  cannot incorporate it in the enacting terms for reasons of consistency  of its 
institutional  powers.  The  Commission  proposes  to  make  a  declaration  in  the  Council 
minutes  incorporating  the  substance  of  amendment  6.6 

Amendment No  7  is  accepted. 

Amendment  5,  finally,  is not acceptable since it is not possible for budgetary  reasons to 
increase to ECU  600 million the figure of ECU 450  million currently provided for by the 
Council,  with  the  possibility  of  review  in  1997  on  the  basis  of  relevant  information 
supplied  by  the  Commission. 

NaT 

Text of the declaration 

"With regard to the evaluation and selection of the measures proposed in sectors other than nature 
protection, the Commission informs the institutions that it intends to carry out pre-selection of the 
proposals followed by classification by order of merit on the basis of the opinion of independent 

Reexamined  proposal  for 
a Council  regulation 

amending  Regulation  (EEC) n* 1973/92  establishing 
a  financial  instrument  for  the environment  (Life) 

Common  position  of  the  Council 

Amended  text 

Article  1 

Article 2(1)(b)(iii), first indent 

of Regulation  (EEC) No  1973/92 

Protection of coastal areas and their 
rational management ; 

Article 2(1)(b)(iii), third indent 

of Regulation  (EEC) No  1973/92 

water  protection,  including  waste 
water treatment 

Protection of coastal areas and their 
rational  management, of rivers which 
flow  into  coastal  areas.  their 
possible wetlands and the sustainable 
management of those areas and  r < « —. 

management  and  protection  of  water 
resources. 
including 
contaminated  water treatment 

waste 

or 

Article 1 

Article 2(2)(a)a  (new) of 

Regulation  (EEC) No  1973/92 

(a)a  conservation  or  restoration 
from  the  point  of  view  of 
of 
n a t u re 
significant 
of 
threatened species of flora and 
fauna; 

protection. 
habitats 

Article 1 
Article 2(3) of Regulation  (EEC) No 1973/92 

Accompanying  measures  needed  to 
monitor,  evaluate  or  promote  the 
actions  undertaken  under  points  1 
and  2 
of 
information on the experience and the 
results obtained of such actions. 

dissemination 

and 

Accompanying  measures  needed  to 
monitor,  evaluate  or  promote  the 
actions  undertaken  during  the  first 
stage  and  under  points  1 and  2  and 
dissemination  of  information  on  the 
experience  and  the  results  obtained 
of such actions. 

Article 1 
Article 9(5) of Regulation  (EEC) No 1973/92 

Actions  provided  for  in  Article  2, 
point 
1(a)  and  their  flanking 
measures  shall  be  subject  to  the 
procedure  set  out  in  Article  21  of 
Directive  92/43/EEC;  other  Life 
actions including, where appropriate, 
procedures  for  project  selection 
shall be approved  in accordance with 
the procedure provided for in Article 
13 of this Regulation. The Commission 
shall inform the committees mentioned 
in Article 21 of Directive 92/43/EEC 
and Article  13 of this Regulation of 
the  application  of  criteria  and 
priorities defined in Article 9a. 

shall  be  approved 

Actions  provided  for  in  Article  2, 
point 
1(a)  and  their  flanking 
measures  shall  be  subject  to  the 
procedure  set  out  in  Article  21  of 
Directive  92/43/EEC;  other  Life 
actions 
in 
accordance 
procedure 
provided  for  in  Article  13  of  this 
Regulation.  The  Commission  shall 
inform  the  committees  mentioned  in 
Article 21 of Directive 92/43/EEC and 
Article  13 of  this Regulation of the 
application 
and 
of 
priorities defined  in Article 9a. 

criteria 

with 

the 

ISSN 0254-1475 

COM(96) 295 final 

DOCUMENTS 

EN 

14  01 

Catalogue number  :  CB-CO-96-296-EN-C 

ISBN 92-78-05633-2 

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