Amended proposal for a COUNCIL DECISION on a Community Action Programme promoting non-governmental organisations primarily active in the field of environmental protection
Date: 1997-02-05
Institutions: European Commission
Subjects: EU environmental policy, action programme, environmental protection, financial aid, non-governmental organisation

COMMISSION OF THE EUROPEAN COMMUNIIItS 

Brussels, 05 02  1997 
U)M(97)  2X tiiwl 

9V(H3() (SYN) 

Amended  proposal  lor a 

mUNCAL MUSIUN 

on a Çoinmunjty Action Programjnç 
promoting non-governmental  organisations 
primarily active in ths field of 
gnYifoomflninl  protection 

(presented  by the Commission  pursuant  to Article  189 a (2) 
of  I he KC-Trealy) 

EXPLANATORY  MEMORANDUM 

Pursuant to Article  189a paragraph 2 of the  EC Treaty, the Commission submits an amended 
proposal for a Council Decision on a Community Action Programme promoting non 
governmental organisations primarily active in the field of environmental protection. The 
amended proposal takes account of a number of amendments from the European Parliament, 
adopted at its November  1996 plenary session. ' 

Ammdrnffltii accepted fry the  Commission 

The Commission can accept wholly, in part,  or in principle a total of  12 amendments. 

Recital 5 has been deleted to avoid any misunderstandings about the role of NQOs at 
Community level (amendment  1). A new recital  11 a  has been inserted which takes account, 
with redrafting,  of amendment 2 concerning the recognition of "in-kind" income of NOOs. A 
new recital  lib  has been inserted to take account of the need for transparency concerning the 
use of financial  support to NGOs(part of amendment 3). Recital  14 has been amended by 
clarification  that Community  support is financial  (amendment 5). 

A definition  of environmental NGOs has been added to Article  1 (part two of amendment 
6).In the interests of consistency  , this necessitates the amendment of similar  definitions 
throughout the  proposal, including recitals  10 and  11 and Articles 4 and 7.2. Article 2.2.1 has 
been amended by the addition of  the text of amendment 7 which introduces  further 
development of Community  environment policy as an aim of financial  assistance. Article 2.2.2 
has been amended to the effect  that activities "initiated by these organisations themselves" are 
added to the field of activities covered by assistance to NOOs (part of amendment 8). 

Article 6 .1 concerns the maximum proportion of NGO  budgets which can be funded  by the 
Commission and has been amended (amendment 23) to allow for a maximum of 60 %. 
Article 6 .2 has been redrafted  to take account of the Parliament's wish that funding  should 
last longer than three years (principle of amendment 22). Article 6.3 has been amended to 
take account, with redrafting,  of that part of amendment 25 which deals with NOOs'  "in-kind" 
income. 

Article 7.3 sets out a new timetable for the call for tenders and decisions on funding, as 
prescribed  in amendment 24. The acceptance of this amendment necessitates the deletion of 
recital  13 and the second sentence of Article  7.1.  Article  12 concerns the possibility of 
continuation of the programme beyond the phase provided for  by the current proposal  and to 
allow for  all eventualities has been amended by the insertion of the words "if appropriate" and 
"or not continuing" (the latter being part of amendment  18). 

Provisional  minutes  of  the  session  of  13.11.96,  doc.  PE 

253.832,  Part  2, pages 37-42 

Amendments not  ftcçepN  by  lh<? Commission 

That part of amendment  3 which refers to  "political  independence" cannnot be accepted 
because this is such a vague concept and difficult  to prove.  Amendment 4 cannot be accepted 
because  it is considered  superfluous: umbrella organisations are already covered by the 
proposal.  Similar reasoning  applies to the non-acceptance  of part one of amendment 6 . 
Likewise,  the Commission  cannot accept that part of  amendment  S which proposes to add 
measures designed  to strengthen cooperation between NGOs from different  countries. Article 
1 of the Commission proposal  already refers to  "non-governmental organisations operating at 
a European level" so the Commission considers that  over-explicit  definitions  would be an 
operations! constraint which could prejudice  access to funds by new NGOs. 

Amendments  9 and 21  propose respectively  selection  criteria and exclusion  criteria. The 
Commission  cannot accept either of these amendments.  U prefers not to establish rigid criteria 
in the proposal.  It should  be borne in mind however  that the transparency of the  funding 
procedure  is guaranteed: each year, a call  for proposals, mentioning  the selection  criteria and 
priority  themes  ,  is published  in the Official  Journal  of  the  European Communities.  A fier the 
selection  procedure  the  list  of  beneficiaries,  with die respective  funding  amounts, is also 
published in the Official  Journal. 

The Commission  considers that NGOs cannot  be both beneficiaries  and Judges of  the  fttntiiug 
system and cannot  therefore  accept amendment  11.  Amendment  13 cannot be accepted 
because  the  Commission does  not differentiate  between  umbrella organisations and other 
organisations.  It is difficult  to evaluate  shares of  activities  so that part of amendment 25 
which proposes  that  "at least a significant  number"  of activities  be completed  during the year 
for which  subsidies are given,  is not acceptable. 

Amendment  15 is considered  superfluous  since all  beneficiaries  are asked to keep proper 
accounts regardless of  the amount of  support given.  Amendment  17 cannot  be accepted 
because  it would  be  operationally  too vague. 

Practical  reasons again explain  why the Commission cannot accept all of  amendment  18. If 
that part of  the amendment  which  foresees  changing  the timetabling  of  the  Commission's 
three-year  report were accepted,  it would  mean that report would  be largely  incomplete.  As 
regards that part of  amendment  18 which indicates the legal  base for future  proposals, the 
Commission  cannot prejudge  its decision on such proposals. 

Amendment  19 and part of  amendment  20  propose  changes in the percentages of  funding 
allocated  for different  purposes. These cannot  be accepted  because they would mean  less 
money  being  available  for cooperation activities which are very important for European 
NGOs.  That part of amendment  20 which deletes the reference  to cooperation  between actors 
and NOOs and to the  Fifth  Ivnvironmcntal  Action  Programme  partners, cannot  be accepted 
because  it  is against  the general  aim of  the Commission's proposal. 

3 

AMENDED  PROPOSAL  FOR  A COUNCIL  DECISION  ON  A  COMMUNITY  ACTION 
PROGRAMME  PROMOTING  NON-GOVERNMENTAL  ORGANISATIONS 

PRIMARILY 

ACTIVE IN THE FIELD  OF  ENVIRONMENTAL  PROTECTION 

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

ORIGINAL  TEXT 

AMENDED  TEXT 

First recital 

Having regard to the Treaty establishing the  Having regard to the Treaty establishing the 
European  Union,  and  in  particular  Article  European  Union,  and  in  particular  Article 
130S thereof, 

130 S £1} thereof, 

Fifth recital 

Whereas the  participation  of representative 
European  environmental  organisations  is 
required  for  the  implementation  of  the 
Council  Regulation  on  a  Community 
ecolabel award scheme and the Commission 
Decision on the setting up of a Consultative  deleted 
Forum on the environment; 

Eighth recital 

Whereas  the  capacity  of  the  national, 
local 
regional  and 
non-governmental 
to  exchange  perspectives, 
organisations 
problems  and possible  solutions  relating  to 
environmental 
a 
Community dimension, should be enhanced, 

problems 

having 

Whereas  the  capacity  of  the  national, 
regional  and 
local  environmental  non 
governmental  organisations  to  exchange 
perspectives, 
and  possible 
problems 
solutions relating to environmental problems 
having  a Community  dimension,  should be 
enhanced, 

Tenth recital 

Whereas 
the  European  environmental  Whereas  the European environmental non-
organisations are  essential to  co-ordinate and  governmental  organisations are essential to 
channel to the Commission, information and  co-ordinate and channel to the Commission, 
information  and  views  on  the  new  and 
views on the new and emerging perspectives 
such 
and  emerging  perspectives  sueh  as  on  nature 
as  on  nature  protection 
transboundary  environmental  problems  ;  protection and transboundary environmental 
which cannot be or are not being fully  dealt  problems ; which cannot be or are not being 
with  at  the  Member  State  or  subordinate  fully  dealt  with  at  the  Member  State  or 
level; 

subordinate level; 

Eleventh recital 

Whereas, therefore,  in conformity  with the  Whereas, therefore,  in conformity  with the 
principle of subsidiarity, an action 
programme encouraging the activities of 
European environmental  organisations 
should be established; 

principle of subsidiarity, an action 
programme encouraging the activities of 
European environmental  non-governmental 
organisations should  be established; 

Eleventh recital a (new) 

Whereas  environmental  non-govcrnmcntal 
organizations often use voluntary labour  and 
often  receive  donations  in  kind:  whereas 
account  (tip  \Q 
\Q%  of  total  eligible, 
expenditure)  may  be  taken  pf  this  special 
feature  of  their  accounting  systems  when 
their  revenue  and  expenditure,  as  well  as 
their  applicfltiPflS 
arc 
considered; 

for  sufrsjdieg, 

Eleventh recital  b (new) 

support 

financial 

Whereas 
should  to 
designed  in  such a way  as  to  take account 
ttLllw  wed for openness concerning the use 
Qf 

ftiounoort; 

r 

Thirteenth recital 

WhcroM priority actions for implcmcntatigns 
should  ha  identified  at  the  latest  bv  30 
September  of  each  year  for  the  following  deleted 
Xejc 

Fourteenth recital 

Whereas  it  is  necessary  to  specify  the 
detailed rules for Community support under 
the programme 

Whereas  it  is  necessary  to  specify  the 
detailed  rules  for  Community  financial 
support under the programme; 

Article 1 

A Community  action programme 
promoting non-governmental  organisations 
to protect the environment  is hereby 
established. The general  objective  of this 
programme  shall  be the development  and 
implementation  of Commuait)' 
environmental  policy  and  legislation  by 
promoting  the  environment  protection 
activities  undertaken  by  non-governmental 
organisation  operating  at  a European 
level. 

A Community  action programme 
promoting non-governmental  organisations 
to protect the environment  is hereby 
established.  The  general  objective  of  this 
programme  shall  be  the development  and 
implementation  of Community 
environmental  policy  and  legislation  by 
promoting  the cnvironmenl  protection 
activities  undertaken by environmental 
non-governmental  organisations operating 
at a European level. 

this  Decision. 

For 
the  purposes  of 
environmental  non-governmental 
prganisfltjona  operating at a European  level 
arc  private,  non-goyernmentftl  and  non 
organisations  with  m 
profit-making 
environmental objective aimed at the publie 
good. 

6 

Article 2 (2), firtU mihptiragranh 

Community  financial  assistance  may  be 
provided 
for  actions  which  are  of 
Community interest, contribute  significantly 
to 
implementation  of  Community 
environmental  policy  and  meeting  the 
principles  underlying 
the  Fifth  Action 
Programme 

the 

interest 

Community  financial  assistance  may  be 
for  actions  which  are  of 
provided 
contribute 
and 
Community 
significantly  to  the  implementation  and 
further 
of  Community 
environmental  policy  and  meeting  the 
principles  underlying  the  Fifth  Action 
Programme 

development 

Article 2 (2), second subparagraph 

campaigns 
and 

This assistance  shall  cover,  in particular,thc 
awareness 
actions, 
documentation 
information 
infrastructure,  demonstration  projects  and 
coordination activities of non-governmental 
organisations. 

and 

and 

campaigns 
and 

This assistance shall cover,  in particular.the 
awareness 
actions, 
documentation 
information 
infrastructure,  demonstration  projects  and 
coordination  activities  of  environmental 
non-governmental organisations MiiftMJ& 
ih? organisations themselves, 

Article 4 

Financial  assistance shall  consist  of the co-
financing  of actions and/or subsidies to 
non-governmental  organisations. 

Financial  assistance  shall  consist  of the co-
llnancing of actions and/or subsidies to 
environmental  non-governmental 
organisations. 

Article  6(1) 

1. The rate of Community  assistance  shall. 
in principle, not exceed 40% 
of 
the  budgeted 
administrative expenditures. 

operational 

and 

1.  While  environmental  non-governmental 
organisations  are  expected  to  seek  other 
forms  of  support  as  well, 
the  rate  of 
Community  assistance  might,  in  principle, 
ço^oo]Lti>Jjffîi of the budgeted operational 
unci administrative expenditures. 

-1 

Article 6 (2) 

2.  The subsidy to cover administrative 
support shall  last,  in principle,  for not 
more than three years 

2. The subsidy to cover  administrative 
support shall  last, in principle, for not 
more thanJfiujLyears 

Article  6 (3) 

3.  The  Community  assistance  will  be  for  3.  The  Community  assistance  will  be  for 
activities  which  are  to  take  place  in  the  activities  which  are  to  take  place  in  the 
current or a subsequent year of the grant. 

current or a subsequent year of the grant. 

Unpaid  work  m  donation»  in  kind,  if 
orooerlv  documented,  mav  be  taken  into 
account,  up to  a  level  of  10%  of total 
yxhsn  assessing 
eligible 
environmental 
non-governmental 
organisations' revenue and expenditure, 

expenditure. 

Article  7(1) 

1. The Commission shall publish a notice in  1. The Commission shall publish a notice in 
the  European  the  Official  Journal  of  the  European 
the  Official  Journal  of 
Communities, outlining the priority activities  Communities, outlining the  priority activities 
to  be  fmanced  and  detailing  the  selection 
to  be  financed  and  detailing  the  selection 
and  award  criteria  and  the  application  and  and  award  criteria  and  the  application  and 
approval  procedure. 

approval procedure. 

The  notice  shall  be  published  bv  30 
September  of  the  preceding  year  in  which  deleted 
the  grants are to be awarded. 

Article  7 (2) 

2.  Proposals for activities to be  financed 
shall  be submitted to the Commission by 
non-governmental  organisations operating 
at European level  and promoting 
environmental  protection measures of 
particular interest to the Community. 

2.  Proposals for activities to be  financed 
shall  be submitted to the Commission by 
environmental  non-governmental 
organisations operating at European level 
and promoting environmental  protection 
measures of particular interest to the 
Community. 

Article  7 (3) 

3. Actions under this programme shall be 
approved following an assessment of the 
proposals  bv  30  April  of  each  year and 
to  an  agreement, 
shall  give  rise 
governing  the  rights  and  obligations  of 
partners, concluded with the beneficiaries 
responsible  for implementation. 

3-  The  call  for  tender  activities  under  this 
programme  shall  be  announced 
in  the 
Official  Journal  every  year  before  31 
the 
January.  After  an  assessment  of 
proposals,  the  Commission  shall  decide 
before  31  Mav  which  activities  it  will 
subsidise.  These  decisions 
shall  be 
published in the Official  Journal,  and shall 
give  rise  to  an  agreement,  governing  the 
righto imd obligations of partners, concluded 
for 
the  benelicinries  responsible 
with 
implementation. 

Article  12 

later 

than  30  June  1999, 

No 
the 
Commission  shall  submit  a  report  to  the 
European Parliament and the Council on the 
implementation  of  this  programme  and 
covering the first three years and shall make 
propomtto if Appropriate  for any adjiiNlmcnl 
to be made with a view to continuing or not 
continuing  the  action  beyond  the  current 
s
p

e. 

h

a

No 
later  than  30  June  1999,  the 
Commission  shall  submit a report to the 
European Parliament and the Council on 
the  implementation  of  this  programme 
and  covering  the  first  three  years  and 
shall make proposals lor any adjustment 
to be made with a view to continuing the 
action beyond the current phase. 

3 

ISSN 0254-1475 

COM(97) 28 final 

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