Amended proposal for a European Parliament and Council Regulation (EC) concerning the financial instrument for the environment (Life)
Date: 1999-06-14
Institutions: European Commission
Subjects: EU environmental policy, economic instrument for the environment, environmental cooperation, environmental protection, sustainable development

C 274 E/116

EN

Official Journal of the European Communities

26.9.2000

Amended proposal

for a European Parliament and Council Regulation (EC) concerning the

financial instrument for the environment (Life) (1)

(2000/C 274 E/14)

(Text with EEA relevance)

COM(1999) 305 final (cid:151) 98/0336(COD)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 15 June 1999)

(1) OJ C 15, 20.1.1999, p. 4.

INITIAL PROPOSAL

AMENDED PROPOSAL

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Unchanged

Having regard to the Treaty establishing the European
Community and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of
in cooperation with the European
Parliament,

the Treaty,

Acting in accordance with the procedure laid down in Article
251 of the Treaty,

(1) Whereas a financial

for

the environment
instrument
should be established to contribute to sustainable devel-
opment in the Community and to the development of
Community policy in the field of the environment, with
particular regard to the integration of the environment in
the other policies, together with the implementation and
updating of environmental legislation;

Unchanged

(1) Whereas a financial

the environment
instrument
should be established to contribute to the development
and implementation of Community policy and legislation
regarding the environment;

for

(2) Whereas Council Regulation (EEC) No 1973/92 of 21 May
1992 establishing
the
financial
environment (Life) (1) was substantially amended by Regu-
lation (EC) No 1404/96 (2); whereas, for reasons of clarity,
further
that Regulation
amendments are made;

recast when

instrument

should

for

be

a

(3) Whereas the financial

instrument for the environment,
Life, is being implemented in phases; whereas the second
phase ends on 31 December 1999;

___________
(1) OJ L 206, 22.7.1992, p. 1.
(2) OJ L 181, 20.7.1996, p. 1.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(4) Whereas, given the positive contribution of Life to the
attainment of
the objectives of Community policy on
the environment and in accordance with Article 14 of
Regulation (EEC) No 1973/92, a third phase for a period
of five years ending on 31 December 2004 should be set
in motion;

(6) Whereas the efficiency and transparency of the implemen-
tation procedures
for
providing information to the public and potential bene-
ficiaries should be improved by identifying clearly the
three component parts which constitute the instrument;

and the procedures

for Life

(5) Whereas Life should be reinforced as a specific financial
instrument,
complementary with other Community
instruments, without however limiting Life interventions
to areas not covered by other Community financial
instruments;

(6) Whereas the efficiency, transparency and methodology of
the implementation procedures for Life, the procedures for
providing and disseminating information to the public and
the procedures for cooperation between the potential
beneficiaries should be improved by identifying clearly
the
the
three
instrument;

component parts which constitute

(7) Whereas the objective of Life-Environment of integrating
environmental considerations
in land-use development
and planning is principally geared towards an urban
development
in
synergy with pilot projects supported under the URBAN
Initiative;

development,

sustainable

seeking

(8) Whereas

the experience gained with Life during the
second phase has highlighted the need to concentrate
efforts by specifying more clearly the areas of activity
able to benefit from Community financial aid, simplifying
the management burden and improving the measures to
disseminate information concerning the experience gained
and the results achieved;

(8) Whereas

the experience gained with Life during the
second phase has highlighted the need to concentrate
efforts by specifying more clearly the areas of activity
able to benefit from Community financial aid, simplifying
the management burden and improving the measures to
disseminate
experience
gained, the results achieved and their long-term impact,
with a view to promoting the transfer of those results;

information

concerning

the

(9) Whereas the development of Community environmental
policy must take account of the results achieved and the
experience gained from the individual actions imple-
mented under Life;

(10) Whereas preparatory projects should concern the devel-
opment of new Community activities in the field of the
environment;

(10) Whereas preparatory projects should concern the devel-
the
opment of Community policy in the
environment and, consequently, of innovative actions in
this field;

field of

(11) Whereas the projects selected to receive financial support,
particularly under Life-Environment, can contribute to the
sustainability of socio-economic activities and hence to
the creation of jobs;

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INITIAL PROPOSAL

AMENDED PROPOSAL

(12) Whereas for third countries bordering on the Mediter-
ranean and the Baltic Sea other
than the accession
technical assistance activities are
candidate countries,
needed to create capacities and administrative structures
in the field of the environment;

Unchanged

(13) Whereas the Europe agreements between the European
Communities and their Member States, of the one part,
and the accession candidate Central and Eastern European
countries, of the other part, provide for the participation
of
in
particular in the field of the environment;

in Community programmes,

countries

those

(14) Whereas, while the abovementioned Central and Eastern
European countries should normally themselves meet the
costs arising from their participation, the Community may
decide, if necessary, for specific cases and in conformity
with the rules applicable to the general budget of the
European Communities and the
relevant association
agreements, to supplement the national contribution of
the country concerned;

they make

(15) Whereas the other accession candidate countries may,
where
contribution to Life,
financial
participate on conditions equivalent to those laid down
for the accession candidate Central and Eastern European
countries;

a

(16) Whereas receipt from third countries constitute resources
earmarked for the instrument in question and are entered
as such in the corresponding expenditure item;

(17) Whereas mechanisms

should be established so that
Community assistance may be adapted to the particular
features of the projects to be supported;

(17) Whereas selection mechanisms should be established so
that Community assistance may be adapted to the
to be supported;
particular
in relation to the
should be set
whereas priorities
various aspects of the Community environmental policy;

the projects

features of

(18) Whereas it is necessary to establish effective methods of
monitoring and evaluation as well as to ensure adequate
information for potential beneficiaries and for the public;

(18) Whereas it is necessary to establish effective methods of
monitoring, evaluation and utilisation of project results in
the Community policies as well as to ensure adequate
information for potential beneficiaries and for the public;

(19) Whereas a committee should be set up to assist
Commission in implementing this Regulation;

the

Unchanged

(20) Whereas the Council should examine the advisability of
continuing the Life action beyond the third phase, acting
on the basis of a proposal from the Commission;

(20) Whereas the European Parliament and the Council should
examine the advisability of continuing the Life action
beyond the third phase, acting on the basis of a
proposal from the Commission;

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INITIAL PROPOSAL

AMENDED PROPOSAL

HAVE ADOPTED THIS REGULATION:

Unchanged

Article 1

General objective

instrument
A financial
referred to as Life, is hereby established.

the

for

environment, hereinafter

The general objective of Life shall be to contribute to the
development of Community environment policy, in particular
as regards the integration of
into other
policies and the implementation and updating of environ-
mental legislation.

the environment

The general objective of Life
shall be to contribute to
sustainable development in the Community and to the devel-
opment of Community environment policy,
in particular as
regards the integration of the environment into other policies
and the implementation and updating of environmental legis-
lation.

Article 2

Unchanged

Thematic components and general criteria

Life shall consist of the three thematic components Life-Nature,
Life-Environment and Life-Third Countries.

The projects financed by Life shall meet the following general
criteria:

(a) be of Community interest by making a

significant
contribution to the development and, where appropriate,
implementation of Community environment policy and
legislation

(a) be of Community interest by making a

significant
contribution to the general objective set out in Article 1;

(b) be

carried out by technically and financially sound

Unchanged

participants;

(c) be feasible in terms of technical proposals, management

(timetable, budget) and value for money.

Priority may be given to projects based on a multinational
approach.

Priority may be given to projects based on a multinational
approach, particularly to projects liable to foster cross-border,
transnational or regional cooperation.

Article 3

Life-Nature

Unchanged

1.
The specific objective of Life-Nature shall be to contribute
to the implementation of Council Directive 79/409/EEC of 2
April 1979 on the conservation of wild birds (1); Council
Directive 92/43/EEC of 21 May 1992 on the conservation of
natural habitats and of wild fauna and flora (2); and,
in
particular, the Natura 2000 European network.
___________
(1) OJ L 103, 25.4.1979, p. 1, as last amended by Directive 97/49/EC

(OJ L 223, 13.8.1997, p. 9).

(2) OJ L 206, 22.7.1992, p. 7, as last amended by Directive 97/62/EC

(OJ L 305, 8.11.1997, p. 42).

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INITIAL PROPOSAL

AMENDED PROPOSAL

2.

The following shall be eligible for Life-Nature:

(a) nature conservation projects which further the specific
objective set out in paragraph 1 and contribute to main-
taining or restoring natural habitats and species populations
to a favourable conservation status within the meaning of
Directive 92/43/EEC.

(b) accompanying measures required to:

(i) prepare projects involving partners in several Member

States ((cid:145)starter(cid:146) measure);

(ii) exchange
measure);

experiences

between

projects

((cid:145)co-op(cid:146)

(iii) monitor and evaluate projects and disseminate their
results, including the results of projects decided upon
during the preceding phases of Life ((cid:145)assist(cid:146) measure).

Financial assistance shall be provided by co-financing of

3.
projects. The maximum rate shall be:

(a) 50 % for nature conservation projects; 100 % for accom-

panying measures.

(b) By way of exception, the rate provided for in subparagraph
(a) shall be a maximum of 75 % for projects concerning
priority natural habitats or priority species within the
meaning of Directive 92/43/EEC or the species of birds
referred to in Directive 79/409/EEC which are in danger
of extinction.

to be

Proposals

for projects

to
4.
paragraph 2(a) shall be submitted to the Commission by the
Member States. Where projects involve more than one Member
State, proposals shall be submitted by the Member State in
which the project co-ordinating body is located.

financed pursuant

Proposals shall be submitted to the Commission before 31
October of each year. The Commission shall decide on these
proposals, in accordance with paragraph 7, before the following
30 April.

5.
Proposals meeting the general criteria set out in Article
2(2) and the following specific criteria shall be taken into
consideration:

5.
in the
Proposals meeting the general criteria set out
second and third paragraphs of Article 2 and the following
specific criteria shall be taken into consideration:

(a) projects in the European territory of the Member States

Unchanged

relating to:

(i) a site proposed by a Member State under Article 4 of

Directive 92/43/EEC, or,

(ii) a site classified pursuant

to Article 4 of Directive

79/409/EEC, or

(iii) a species in Annexes II or IV to Directive 92/43/EEC or

in Annex I to Directive 79/409/EEC;

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INITIAL PROPOSAL

AMENDED PROPOSAL

(b) projects in accession candidate countries to which Article 6
importance

relating to a site of

international

applies
hosting:

(i) a type of habitat in Annex I or a species in Annex II to

Directive 92/43/EEC; or

(ii) a bird species in Annex I to Directive 79/409/EEC or a

migratory bird species present in the Union; or

(iii) a type of habitat or

in the
Community
Bern Convention
resolutions as being in need of specific conservation
measures.

species not present

classified

but

in

A summary of the proposals received shall be submitted
it
the

6.
to the Member States by the Commission. Upon request,
shall place the original documents at
Member States for consultation.

the disposal of

Projects considered for financial support under Life-Nature
to the procedure set out in Article 21 of

7.
shall be subject
Directive 92/43/EEC.

An outline decision by the Commission shall be sent to the
Member States on the projects which have been accepted and
individual decisions shall be sent to the beneficiaries laying
down the
financial
financial
procedures and controls, and the specific technical conditions
of the project approved.

amount of

assistance,

the

At the Commission’s initiative, accompanying measures
8.
shall be the
to be financed pursuant
subject of calls for expression of
interest published in the
Official Journal of the European Communities which specify the
specific criteria to be met.

to paragraph 2(b)

Article 4

Life-Environment

The specific objective of Life-Environment shall be to

1.
contribute:

(a) to the development of innovative techniques and methods

which make it possible:

(cid:151) to integrate environmental considerations in land-use
development and planning, particular in urban areas;

(cid:151) to integrate considerations on the environment and on
sustainable development in land-use development and
planning, as a priority in urban areas;

(cid:151) to minimise, by means of a preventive approach, the
production

industrial

impacts

of

environmental
activities;

Unchanged

(cid:151) to recycle waste of all kinds and ensure the sound

(cid:151) to prevent, reuse and recycle waste of all kinds and

management of waste streams;

ensure the sound management of waste streams;

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INITIAL PROPOSAL

AMENDED PROPOSAL

the

(cid:151) to reduce
through
distribution and consumption.

integrated

environmental

an

impact of products
production,

to

approach

the

environmental

impact of products
(cid:151) to reduce
production,
through
an
consumption and handling as waste,
distribution,
including the development of environment-friendly
products.

integrated

approach

to

(b) to the development of new environmental actions.

(b) to the development of Community environmental policy

through new actions in this field.

2.

The following shall be eligible for Life-Environment:

Unchanged

(a) demonstration projects which further the objective set out

in paragraph 1(a);

(b) preparatory projects which further the objective set out in

paragraph 1(b);

(c) accompanying measures required to evaluate, monitor, and
promote the actions undertaken during this phase and
during the first two phases, for the exchange of experience
between projects and for the dissemination of information
on the experience gained and the results obtained with such
actions.

(c) accompanying measures required to evaluate, monitor, and
promote the actions undertaken during this phase and
during the first two phases, for the exchange of experience
between projects and for the dissemination of information
on the experience gained and the transfer of
results
obtained with such actions.

3.
Financial assistance shall be provided by co-financing of
projects. The rate of Community financial support shall be a
maximum of 50 % of the eligible cost.

Unchanged

This rate shall be a maximum of 30 % of the eligible cost for
projects expected to generate significant income. In this case,
the beneficiaries’ contribution to the financing shall be at least
as much as the Community support.

The rate of Community financial support
for the accom-
panying measures shall be a maximum of 100 % of the cost
of these actions.

as

As

far

4.
concerned,
demonstration projects
guidelines will be established by the Commission, after
opinion by the Committee provided for in Article 11, and
published in the Official Journal of the European Communities.

are

as

As

far

are

4.
concerned,
demonstration projects
guidelines will be established by the Commission, after
opinion by the Committee provided for in Article 11, and
published in the Official Journal of
the European Communities.
The guidelines shall promote synergy between demonstration
actions and the guiding principles of Community environ-
mental policy with a view to sustainable development.

to be

Proposals

for projects

to
5.
paragraph 2(a) shall be submitted to the Commission by the
Member States. Where projects involve more than one Member
State, proposals shall be submitted by the Member State in
which the project coordinating authority or body is located.

financed pursuant

Unchanged

Proposals shall be submitted to the Commission before 31
January of each year. The Commission shall decide on these
proposals, in accordance with paragraph 10, before 31 July.

6.
Shall be taken into consideration proposals submitted
under paragraph 2(a) that meet the general criteria set out in
Article 2(2) and the following specific criteria:

6.
Shall be taken into consideration proposals submitted
under paragraph 2(a) that meet the general criteria set out in
the second and third paragraphs of Article 2 and the following
specific criteria:

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INITIAL PROPOSAL

AMENDED PROPOSAL

(a) providing solutions to a problem which arises very often in
the Community, or is of great concern to some Member
States,

Unchanged

(b) being innovative by virtue of the technology or the method

applied;

(c) setting an example and representing progress compared

with the current situation;

(d) being capable of promoting widespread application of
practices and technologies conducive to environmental
protection;

(d) being capable of promoting the dissemination and widest
technologies

possible
conducive to environmental protection;

application

practices

and

of

(e) aiming at developing and transferring know-how which can

Unchanged

be used in identical or similar situations;

(f) promoting cooperation in the environmental field;

(g) promoting sustainability of socio-economic activities from

the environmental point of view.

(g) promoting sustainability of socio-economic activities, inter
alia through the direct or indirect support to job creation.

7.

The following costs shall be considered ineligible:

Unchanged

(a) land purchase;

(b) studies not specifically addressing the objective aimed at by

the financed projects;

(c) investments in major infrastructures or investments of a
activities

non-innovative
already confirmed on an industrial scale;

structural

including

nature,

(d) research and technological development activities.

At the Commission’s initiative, preparatory projects and
8.
accompanying measures to be financed pursuant to paragraph
2(b) and (c) shall be the subject of calls for expression of
interest published in the Official
the European
Communities which specify the specific criteria to be met.

Journal of

At the Commission’s initiative, preparatory projects and
8.
accompanying measures to be financed pursuant to paragraph
2(b) and (c) shall be the subject of calls for expression of
interest published in the Official
the European
Communities which specify the specific criteria to be met.
Prior to their publication, calls for expression of interest for
preparatory projects shall be submitted for an opinion to the
Committee provided for in Article 11.

Journal of

9.
A summary of the main points and of the content of the
proposals received under paragraph 2(a) and (b) shall be
submitted to the Member States by the Commission. Upon
request, it shall place the original documents at the disposal
of the Member States for consultation.

Unchanged

Projects considered for financial support shall be subject

10.
to the procedure set out in Article 11.

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INITIAL PROPOSAL

AMENDED PROPOSAL

11.
An outline decision by the Commission shall be sent to
the Member States on the projects which have been accepted
and individual decisions shall be sent to the beneficiaries laying
down the
financial
financial
procedures and controls, and the specific technical conditions
of the project approved.

amount of

assistance,

the

Article 5

Life-Third Countries

1.
The specific objective of Life-Third Countries shall be to
contribute to the establishment of capacities and administrative
structures needed in the environmental sector and in the devel-
opment of environmental policy and action programmes in
third countries bordering on the Mediterranean and the
Baltic Sea other than the accession candidate countries to
which Article 6 applies.

2.

The following shall be eligible for Life-Third Countries:

(a) technical assistance projects which further the objective set

out in paragraph 1;

(b) accompanying measures required to evaluate, monitor and
promote the actions undertaken during this phase and
during the first two phases, for the exchange of experience
between projects and for the dissemination of information
on the experience gained and the results obtained with such
actions.

3.
Financial assistance shall be provided by co-financing of
actions. The rate of Community financial support shall be a
maximum of 70 % of the cost of the actions referred to in
paragraph 2(a) and a maximum of 100 % of the cost of the
actions referred to in paragraph 2(b).

4.
Proposals for projects to be financed under paragraph
2(a) from third countries shall be submitted to the Commission
by the relevant national authorities. Where projects involve
more than one country, proposals shall be submitted by the
country in which the project coordinating authority is located
or by the international organisation acting to protect
the
environment in the geographical area concerned.

Proposals shall be submitted to the Commission before 31
January of each year. The Commission shall decide on these
applications in accordance with paragraph 7 before 31 July.

Proposals which meet

5.
in
Article 2(2) and the following specific criteria shall be taken
into consideration:

the general criteria set out

(a) be of

interest

to the Community, notably through its
contribution to implementing regional and international
guidelines and agreements;

5.
Proposals which meet the general criteria set out in the
second and third paragraphs of Article 2 and the following
specific criteria shall be taken into consideration:

Unchanged

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INITIAL PROPOSAL

AMENDED PROPOSAL

(b) contribute to an approach promoting sustainable devel-

opment at international, national or regional level;

(c) provide solutions to major environmental problems in the

region and the relevant sector;

Priority will be given to projects which will promote coop-
eration at the trans-frontier, trans-national or regional level.

6.
A summary of the main points and the content of the
proposals received from the third countries shall be submitted
it
to the Member States by the Commission. Upon request,
the
shall place the original documents at
Member States for consultation.

the disposal of

Projects considered for financial support shall be subject
7.
to the procedure set out in Article 11. The Commission shall
adopt a decision concerning the list of projects selected.

8.
The projects approved shall give rise to a contract
between the Commission and the beneficiaries setting out the
amount of financial assistance, the financial procedures and
controls, as well as all the specific technical conditions of the
approved project. This list of proposals accepted shall be sent
to the Member States.

At the Commission’s initiative, accompanying measures
9.
to be financed under paragraph 2(b) shall be the subject of
calls for expression of interest published in the Official Journal
of the European Communities and setting out the specific criteria
to be met.

Article 6

Participation of accession candidate countries

Life shall be open to the accession candidate Central and
1.
Eastern Europe countries in accordance with the conditions
referred to in the association agreements concluded with
those countries and on the basis of provisions of
the
decision of
for each
country concerned.

the Association Council competent

2.
Proposals for projects to be financed under Life-Nature
and Life-Environment shall be submitted to the Commission
by the national authorities of the countries concerned within
the time limits indicated in Article 3(4) and Article 4(5)
respectively. Where projects involve more than one country,
proposals shall be submitted by the country in which the
project coordinating authority or body is located.

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INITIAL PROPOSAL

AMENDED PROPOSAL

Proposals which meet

3.
in
Article 2(2) and the specific criteria set out in Article 3(5)
(b) and Article 4(6) and (7) shall be taken into consideration
for Community financial support.

the general criteria set out

4.
A summary of the main points and of the content of the
proposals received by the national authorities of the countries
concerned shall be submitted to the Member States by the
Commission. Upon request,
the original
document at the disposal of the Member States for consul-
tation.

shall place

it

Projects considered for Life financial support shall be
5.
subject either
in Article 21 of
Directive 92/43/EEC or to that set out in Article 11 of this
Regulation according to the type of project proposed.

to the procedure set out

6.
The projects approved shall give rise to a contract or an
agreement between the Commission and the beneficiaries
setting out the amount of financial assistance, the financial
procedures and controls, as well as all the specific technical
conditions of
the approved action. The list of proposals
accepted shall be sent to the Member States.

7. Where conditions and provisions equivalent
to those
referred to in paragraph 1 have been established for the
other accession candidate countries, Life will be open for
participation by those countries in accordance with paragraphs
2-6.

7a
The annual breakdown of appropriations devoted to the
cofinancing of this instrument by the countries referred to in
paragraphs 1 and 7 is published in the general budget, Section
III, Part B, Annex IV.

Article 7

Unchanged

Consistency between financial instruments

1. Without prejudice
accession
to the
candidate countries set out in Article 6, projects receiving aid
provided for under the Structural Funds or other Community
budget instruments shall not be eligible for financial assistance
under this Regulation.

conditions

for

2.
The Commission shall ensure that actions undertaken in
the framework of this Regulation are consistent with those
undertaken under the Structural Funds, research, technological
development
other
and
Community financial instruments.

demonstration

programmes

or

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Article 8

Duration of the third phase and budgetary resources

1.
Life shall be implemented in phases. The third phase shall
start on 1 January 2000 and shall end on 31 December 2004.

2.
The budgetary resources allocated to the actions provided
for in this Regulation shall be entered in the annual appro-
priations of the general budget of the European Communities.
The available annual appropriations shall be authorised by the
budgetary
financial
perspective.

authority within the

limits of

the

The budgetary resources allocated to the actions provided
2.
for in this Regulation,
including accompanying measures as
defined in Article 3(2)(b), Article 4(2)(c) and Article 5(2)(b),
shall be entered in the annual appropriations of the general
budget of the European Communities. The available annual
appropriations shall be authorised by the budgetary authority
within the limits of the financial perspective.

The amount of resources to be allocated to each of the

3.
areas of activity shall be as follows:

Unchanged

(a) 47 % for actions undertaken under Article 3;

(b) 47 % for actions undertaken under Article 4;

(c) 6 % for actions undertaken under Article 5.

The accompanying measures shall be limited to 5% of the
available appropriations.

Article 9

Monitoring of projects

1.
For any project financed by Life, the beneficiary shall send
the Commission technical and financial reports on the progress
of work. A final report shall also be sent to the Commission
the project. The
within three months of completion of
Commission shall determine the form and content of
the
shall be based on the physical and
reports. The report
in the Commission Decision
set out
indicators
financial
approving the projects or
in the contract or agreement
concluded with the beneficiaries. These indicators shall be
such as to indicate the progress of the work, and the objectives
to be attained within a specified time limit.

1.
For any project financed by Life, the beneficiary shall send
the Commission technical and financial reports on the progress
of work. A final report shall also be sent to the Commission
the project. The
within three months of completion of
Commission shall determine the form and content of
the
shall be based on the physical and
reports. The report
in the Commission Decision
set out
indicators
financial
approving the projects or
in the contract or agreement
concluded with the beneficiaries. These indicators shall be
such as to indicate the progress and possible problems of the
work, and the objectives to be attained within a specified time
limit.

Unchanged

2. Without prejudice to the audits carried out by the Court
of Auditors in liaison with the competent national audit bodies
or departments pursuant to Article 248 of the Treaty, or any
inspection carried out pursuant to Article 279(c) of the Treaty,
officials and other staff of
the Commission may carry out
on-the-spot checks,
including sample checks, on projects
financed under Life.

Before carrying out an on-the-spot check,
the Commission
shall inform the beneficiary unless there are good reasons to
suspect fraud and/or improper use.

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INITIAL PROPOSAL

AMENDED PROPOSAL

3.
For a period of five years following the last payment in
respect of any action, the beneficiary of financial assistance
shall keep available for the Commission all the supporting
documents regarding expenditure on the action.

On the basis of the results of the monitoring reports and
4.
the
sample checks
Commission shall,
the
if necessary, adjust
conditions of allocation of the financial assistance originally
approved and also the timetable for payments.

referred to in paragraphs 1 and 2,
the scale or

5.
The Commission shall take every other step necessary to
verify that the projects financed are carried out properly and in
compliance with the provisions of this Regultation.

Article 10

Protection of Community financial interests

1.
The Commission may reduce, suspend or recover the
amount of financial assistance granted for a project if it finds
irregularities, including non-compliance with the provisions of
this Regulation or the individual decision or the contract
granting the financial support in question, or if it transpires
that, without Commission approval having being sought, the
project has been subjected to a major change which conflicts
with the nature or implementing conditions of the project.

2.
If the time limits have not been observed or if only part
of the allocated financial assistance is justified by the progress
the Commission shall
made with implementing a project,
request
its observations within a
specified period. If the beneficiary does not give a satisfactory
answer, the Commission may cancel the remaining financial
assistance and demand repayment of sums already paid.

the beneficiary to submit

3.
Any undue payment must be repaid to the Commission.
Interest may be added to any sums not repaid in good time.
The Commission shall
the
implementation of this paragraph.

lay down detailed rules

for

Article 11

Committee

For Life-Environment

1.
the
Commission shall be assisted by a Committee consisting of
the representatives of the Member States and chaired by the
representative of the Commission.

and Life-Third Countries,

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INITIAL PROPOSAL

AMENDED PROPOSAL

2.
The representative of the Commission shall submit to the
Committee a draft of the measure 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 205(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 the abovementioned Article. The Chairman shall not
vote.

The Commission shall adopt the measures envisaged if they are
in accordance with the opinion of the Committee.

the measures envisaged are not

If
in accordance with the
opinion of the Committee, or if no opinion is delivered, the
to the Council a
Commission shall, without delay, submit
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 from the date of
referral to the Council, the Council has not acted, the proposed
measures shall be adopted by the Commission.

Article 12

Evaluation of the third phase and continuation of Life

1.
Not later than 31 December 2003, the Commission shall
submit a report to the European Parliament and the Council on
the implementation of this Regulation and the use made of the
appropriations, and shall, where appropriate, make proposals
for any adjustments to be made with a view to continuing the
action beyond the third phase.

1.
Not later than 31 December 2003, the Commission shall
submit a report to the European Parliament and the Council on
the implementation of this Regulation, its contribution to the
development of Community environmental policy and the use
made of
the appropriations, and shall, where appropriate,
make proposals for any adjustments to be made with a view
to continuing the action beyond the third phase.

2.
The Council, acting in accordance with the Treaty, shall
decide on the implementation of the fourth phase as from 1
January 2005.

2.
The European Parliament and the Council, acting in
accordance with the Treaty, shall decide on the implementation
of the fourth phase as from 1 January 2005.

Article 13

Unchanged

Repeal of Regulation (EEC) No 1973/92

Regulation (EEC) No 1973/92 is hereby repealed without
concluded
taken and
to

contracts
financial assistance pursuant

1.
prejudice
concerning the granting of
that Regulation.

decisions

to

2.
References to the repealed Regulation shall be understood
as referring to this Regulation and are to be read in accordance
with the table of equivalence in the Annex.

Article 14

Entry into force

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.

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Official Journal of the European Communities

26.9.2000

ANNEX

TABLE OF EQUIVALENCE

ORIGINAL TABLE

Regulation (EEC) No 1973/92

This Regulation

Article 1

Article 2(1)(a)

Article 2(1)(b)(i), (ii)

Article 1

Article 3(1) 2(a)

Article 4(1)(a)

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

Article 4(1)(b) and 2(b)

Article 2(1)(b)(iii), indents 1, 2, 3 and 4

(cid:151)

Article 2(2)(a)

Article 2(2)(b), (c)

Article 2(3)

Article 4(a)

Article 4(b)

Article 5

Article 6

Article 7(1), first subparagraph

Article 7(1), second subparagraph

Article 7(1), third subparagraph

Article 7(2)

Article 7(3)

Article 8(1)

Article 8(2)

Article 8(3)

Article 9(1)

Article 9(2)

Article 9(3)

Article 9(4)

Article 5(1) 2(a)

(cid:151)

Articles 3(2)(b), 3(9), 4(2)(c), 4(8), 5(2)(b) and 5(9)

Articles 3(3), 4(3), 5(3)

(cid:151)

Article 7(1)

Article 7(2)

Article 8(1)

(cid:151)

Article 8(2)

(cid:151)

Article 12(1)

Article 8(3)

Articles 3(3), 4(3) and 5(3)

(cid:151)

Articles 3(4), 4(5), and 5(4)

(cid:151)

Article 5(4)

Articles 3(7), 4(9), and 5(7)

Article 9(5), first subparagraph

Article 3(5)(a) first indent and 3(5)(b) first indent

Article 9(5), second subparagraph, first indent

Articles 3(9), and 4(11)

Article 9(5), second subparagraph, second indent

Article 5(9)

Article 9(6)

Article 9(a)(1)(a)

Article 9(a)(1)(b)(i)

Articles 3(7), 4(10), 5(8)

Article 2

Article 3(5)(a) and (b)

Article 9(a)(1)(b)(ii), indents 1, 2, 3, 4 and 5

Article 4(6) first and second paragraphs

Article 9(a)(1)(b)(ii), indent 6

(cid:151)

Article 9(a)(1)(b)(iii), indents 1, 2 and 3

Article 4(6), indents 1, 2 and 3

Article 9(a)(1)(b)(iii), indent 4

Article 9(a)(1)(b)(iv)

(cid:151)

(cid:151)

Article 9(a)(1)(c), indents 1, 2, 3 and 4

Article 5(5)

Article 9(a)(1)(c), indents 5, 6

Article 9(a)(2)

(cid:151)

(cid:151)

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Article 9(b)

Article 10(1)

Article 10(2)

Article 10(3)

Article 11(1)

Article 11(2)

Article 11(3)

Article 12(1)

Article 12(2)

Article 12(3)

Article 12(4)

Article 13

Article 13(a)

Article 14

Article 15

Article 16

Article 17

Regulation (EEC) No 1973/92

This Regulation

Article 4(7) indents 2, 3 and 4

(cid:151)

Article 9(2)

Article 9(3)

Article 10(1)

Article 10(2)

Article 10(3)

(cid:151)

Article 9(1)

Article 9(4)

(cid:151)

Article 11

Article 6

(cid:151)

(cid:151)

(cid:151)

(cid:151)

AMENDED TABLE

Regulation (EEC) No 1973/92

This Regulation

Article 1

Article 2(1)(a)

Article 2(1)(b)(i), (ii)

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

Article 1

Article 3(1) and 2(a)

Article 4(1)(a) and 2(a)

Article 4(1)(b) and 2(b)

Article 2(1)(b)(iii), indents 1, 2, 3 and 4

(cid:151)

Article 2(2)(a)

Article 2(2)(b), (c)

Article 2(3)

Article 4(a)

Article 4(b)

Article 5

Article 6

Article 7(1), first subparagraph

Article 7(1), second subparagraph

Article 7(1), third subparagraph

Article 7(2)

Article 7(3)

Article 8(1)

Article 8(2)

Article 8(3)

Article 9(1)

Article 9(2)

Article 5(1) and 2(a)

(cid:151)

Article 3(2)(b), 4(2)(c), 5(2)(b)

Article 3(3), first subparagraph, 4(3), first subparagraph,
5(3)

(cid:151)

Article 7(1)

Article 7(2)

Article 8(1)

(cid:151)

Article 8(2)

(cid:151)

(cid:151)

Article 8(3)

Articles 3(3), 4(3)

Articles 3(3)(a), 4(3), third subparagraph, 5(3)

Articles 3(4), 4(5), 4(8)

(cid:151)

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Regulation (EEC) No 1973/92

This Regulation

Article 9(3)

Article 9(4)

Article 5(4)

Articles 3(6), 4(9), 5(6)

Article 9(5), first subparagraph

Article 3(7), first subparagraph, 4(10), 5(7)

Article 9(5), second subparagraph, first indent

Articles 3(7), second subparagraph, 4(11)

Article 9(5), second subparagraph, second indent

Article 5(8)

Article 9(6)

Article 9(a)(1)(a)

Article 9(a)(1)(b)(i)

Article 9(a)(1)(b)(ii), indents 1, 2, 3, 4 and 5

Article 9(a)(1)(b)(ii), indent 6

Article 9(a)(1)(b)(iii)

Article 9(a)(1)(b)(iv)

Article 9(a)(1)(c), indents 1, 2, 3 and 4

Articles 3(7), second subparagraph, 4(11), 5(8)

Article 2

Article 3(5)

Article 4(6)

(cid:151)

Article 4(6)

(cid:151)

Article 5(5)

Article 9(a)(1)(c), indents 5, 6

Article 2, second subparagraph, (b) and c)

Article 9(a)(2)

Article 9(b)

Article 10(1), indent 1

Article 10(1), indents 2 and 3

Article 10(2)

Article 10(3)

Article 11(1)

Article 11(2)

Article 11(3)

Article 12(1)

Article 12(2)

Article 12(3)

Article 12(4)

Article 13

Article 13(a)

Article 14

Article 15

Article 16

Article 17

(cid:151)

Article 4(7)(b)(c) and (d)

Article 9(5)

(cid:151)

Article 9(2)

Article 9(3)

Article 10(1)

Article 10(2)

Article 10(3)

(cid:151)

Article 9(1)

Article 9(4)

(cid:151)

Article 11

Article 6

(cid:151)

(cid:151)

(cid:151)

(cid:151)