Common Position (EC) No 13/2001 of 26 February 2001 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community with a view to adopting a Regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 2158/92 on the protection of the Community's forests against fire
Date: 2001-02-26
Institutions: Council of the European Union
Subjects: EU financing, action programme, fire protection, forest conservation, silviculture

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COMMON POSITION (EC) No 13/2001

adopted by the Council of 26 February 2001

with a view to adopting Regulation (EC) No .../2001 of the European Parliament and of the
Council of ... amending Council Regulation (EEC) No 2158/92 on protection of the Community’s
forests against fire

(2001/C 97/02)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

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

Regulation (EC) No 308/97 but preserved its legal effects
pending the adoption of a new Regulation which
replaces the Regulation annulled. In order to guarantee
legal certainty, the validity of the measures taken in
the annulled Regulation should be
application of
ensured.

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Having consulted the Committee of the Regions,

Acting in accordance with the procedure laid down in
Article 251 of the Treaty (3),

Whereas:

(1)

(2)

Since the rural communities, in particular foresters and
stock farmers, who are the main trustees of Europe’s
forest heritage, and in particular their professional
organisations, play a fundamental role in drawing up
regional
in practising
preventive silviculture and as first-line firefighters, it is
important to create the conditions for the effective
these people in the protection of
participation of
European forests against this abiotic agent.

fire prevention action plans,

The period of application of Council Regulation (EEC)
No 2158/92 (4) expired on 31 December 1996. The said
Regulation was amended by Council Regulation (EC)
No 308/97 (5). In its judgment of 25 February 1999 in
Joined Cases C–164/97 and C–165/97 (6) the Court of
Justice of the European Communities annulled Council

(1) JO C 307 E, 26.10.1999, p. 33.
(2) OJ C 51, 23.3.2000, p. 24.
(3) European Parliament opinion of 6 July 2000 (not yet published
in the Official Journal), Council Common Position of 26 February
2001 and European Parliament decision of ... (not yet published
in the Official Journal).
(4) OJ L 217, 31.7.1992, p. 3.
(5) OJ L 51, 21.2.1997, p. 11.
(6) [1999] ECR I-1139.

(3)

(4)

(5)

(6)

Forests play an essential part in maintaining fundamental
balances, particularly as regards the soil, water resources,
climate,
flora and fauna. Those ecological balances
are indispensable for sustainable agriculture and the
management of rural areas.

The importance of the Mediterranean forests in the
ecosystems of
the Member States in the south of
the Community, particularly the regions affected by
desertification, should be taken into account.

The conservation of the forest ecosystem reflects econ-
omic, ecological and social concerns and contributes, in
particular, towards maintaining the social situation of
those people working in agriculture and in rural areas.

The Community and the Member States attach particular
importance to the protection of their forest resources
and have given international undertakings on the sus-
tainable development of forests and the protection of
forest regions, in particular during the United Nations
World Conference on the Environment and Develop-
ment in Rio de Janeiro in 1992 and at the three pan-
European Ministerial Conferences on the Protection of
European Forests in Strasbourg in 1990, in Helsinki in
1993 and in Lisbon in 1998. The Community scheme
provided for by Regulation (EEC) No 2158/92 helps to
fulfil those undertakings.

(7)

Pursuant to Regulation (EEC) No 2158/92, 60 million
hectares of
to about one half of
Europe’s forests, have been classified as fire-risk zones.

forest, equivalent

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(8)

Fires continue to restrict the sustainable development of
forests in fire-risk zones.

(14) Regulation (EEC) No 2158/92 should accordingly be

amended,

(9)

The protection of forests against fire therefore con-
tributes directly to the achievement of the aims set out
in Article 33(1)(b) of the Treaty.

Article 1

HAVE ADOPTED THIS REGULATION:

(10) The Community system of information on forest fires
established under Article 5 of Regulation (EEC)
No 2158/92 has permitted the development of Com-
munity cooperation on forest fires. The development of
that system will provide an effective instrument for
better evaluating forest-fire protection measures and for
better analysing the causes of fires.

(11) The

scheme provided for by Regulation (EEC)
No 2158/92 should therefore be continued, in particular
to strengthen the consistency of forest measures financed
in fire-risk zones, to reinforce the fight against the causes
of fires and to improve prevention and monitoring
systems and its duration extended for five years, thus
bringing its period of application to 10 years from
1 January 1992.

(12) The measures necessary for the implementation of
Regulation (EEC) No 2158/92 should be adopted in
accordance with Council Decision 1999/468/EC of
28 June 1999 laying down the procedures for the
exercise of
implementing powers conferred on the
Commission (1).

(13) This Regulation establishes for the entire duration of the
measure a financial
framework which is to be the
principal point of reference, within the meaning of
Interinstitutional Agreement of
point 33 of
6 May 1999 between the European Parliament, the
Council and the Commission on budgetary discipline
and improvement of the budgetary procedure (2), for
the budgetary authority under the annual budgetary
procedure.

the

Regulation (EEC) No 2158/92 is hereby amended as follows:

1. Articles 9 and 10 shall be replaced by the following:

‘Article 9

1. The Commission shall be assisted by the Standing
Forestry Committee (hereinafter referred to as “the Com-
mittee”).

2. Where reference is made to this paragraph, Articles 5
and 7 of Decision 1999/468/EC shall apply, having
regard to the provisions of Article 8 thereof.

The period provided for in Article 5(6) of Decision
1999/468/EC shall be set at three months.

3. The Committee shall adopt its rules of procedure.

Article 10

1. The scheme shall run for 10 years from 1 January
1992.

2. The financial allocation for the implementation of the
scheme shall be EUR 49,4 million for the period 1997 to
2001.

The annual appropriations shall be authorised by the
budgetary authority within the limits of the financial
perspective.

3. Before expiry of the period referred to in paragraph 1,
the Commission shall submit to the European Parliament
and to the Council a report on the application of this
Regulation and a proposal
for revision covering in
particular the ecological, economic and social aspects
(qualitative assessment) and the results of a cost-benefit
analysis (quantitative assessment).’;

(1) OJ L 184, 17.7.1999, p. 23.
(2) OJ C 172, 19.6.1999, p. 1.

2.

In Articles 2(5), 4(4) and 5(3) the words ‘procedure laid
down in Article 9’ shall be replaced by ‘procedure laid
down in Article 9(2)’.

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Article 2

Article 3

Any reference to a measure taken in application of Regu-
lation (EC) No 308/97 shall be taken as a reference to a
measure taken in application of this Regulation from the day
of the latter’s entry into force.

This Regulation shall enter into force on the day following
that of 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.

Done at ...

For the European Parliament

The President

For the Council

The President

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STATEMENT OF THE COUNCIL’S REASONS

I.

INTRODUCTION

1.

Council Regulation (EC) No 307/97 of 17 February 1997 amending Regulation (EEC)
No 3528/86 on the protection of the Community’s forests against atmospheric pollution (1)
and Regulation (EC) No 308/97 amending Regulation (EEC) No 2158/92 on protection of the
Community’s forests against fire (2) took Article 43 of the Treaty as their legal basis.

2. On 30 April 1997 the European Parliament brought proceedings before the Court of Justice.
On 25 February 1999 the Court delivered its judgment in Joined Cases C-164/97 and
C-165/97. The judgment annulled both Regulations and stated that the Council should have
used Article 130s (now Article 175) of the Treaty as the only legal basis.

However, the Court ordered the effects of the annulled regulations to be maintained until the
Council had adopted new regulations on the same subject within a reasonable time.

In July 1999 the Commission submitted two new proposals intended to replace the
two annulled regulations with regulations having the same purpose, but using Article 175 of
the Treaty as the legal basis, thus involving the codecision procedure. The financial allocation
was adjusted in line with the actual budget allocations during the first four years of the
programmes and those provided for in the preliminary draft budget for 2001.

The Economic and Social Committee and the European Parliament issued their opinions on the
above proposals on 8 December 1999 and 6 July 2000 respectively. The Commission
submitted two amended proposals on 20 December 2000 in order to take account of the
European Parliament’s opinion.

3. At its meeting on 26 February 2001, in accordance with the procedure laid down in Article 251
of the Treaty, the Council adopted its Common Position on the Commission’s proposals, taking
as its legal basis Article 175(1) of the Treaty.

II. OBJECTIVE

4.

The objective of the regulation on the protection of the Community’s forests against
atmospheric pollution is to continue intensive monitoring schemes in order to maintain
fundamental ecological balances and conserve forest ecosystems, and that of the regulation on
the protection of the Community’s forests against fire is to strengthen the consistency of forest
measures, reinforce the fight against the causes of fires and improve prevention and monitoring
systems. The period of operation of the schemes is increased to 15 years, as from 1 January
1987, as a result of the five-year extension.

(1) OJ L 51, 21.2.1997, p. 9.
(2) OJ L 51, 21.2.1997, p. 11.

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III. COMMON POSITION

5.

In the light of above objectives, the Council has approved the substance of the Commission
proposals but made a number of amendments, the reasons for which are given below. The
majority of the amendments are based on amendments by the European Parliament, particularly
in the recitals which refer to the general role of forests in ecosystems and the role of
Mediterranean forests in halting the progress of desertification, to the consequences of forest
damage, to attainment of the objectives in Article 33(1)(b) of the Treaty and to the pan-
European Ministerial Conference in Lisbon. With regard to budget funding, the Council has
taken as funding available the figure for the 2001 budget adopted jointly with the Parliament.
The articles on committee procedure were inserted by the Council to take account of the new
Decision (1999/468/EC) on committee procedure, without entailing any substantive changes.
An article and a recital on the effects of the annulled regulations had to be added in order to
ensure legal certainty.

A. Regulation on the protection of the Community’s forests against atmospheric pollution

First citation (1)

6.

The precise legal basis is indicated by a reference to Article 175(1).

Recital 1

7.

In order to underline that this Regulation replaces Regulation (EC) No 307/97 — the
purpose of which was to extend the scheme provided for by Regulation (EEC)
No 3528/86 — the Council has added that the Court of Justice annulled Council
Regulations (EC) Nos 307/97 and 308/97 in its judgment of February 1999. The Council
has added a sentence to ensure that the effects of measures taken on the basis of the
annulled regulations remain valid after the entry into force of new regulations.

Recital 3

8.

The Council has made minor adjustments to the recital proposed by the European
Parliament, in order to reflect all the various types of forest found in the Community.

Recital 5

9.

The European Parliament has changed recital 6 of the Regulation amending Regulation
(EEC) No 2158/92 in order to incorporate the pan-European Ministerial Conference in
Lisbon. The Council has made the same change to the Regulation amending Regulation
(EEC) No 3528/86 in order to ensure that Regulations (EEC) Nos 2158/92 and 3528/86
are consistent with each other.

(1) Recitals and articles are numbered as in Common Positions (EC) No 12/2001 and (EC) No 13/2001.

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Recitals 8 and 9

10. These two recitals have been added, in line with the Parliament’s opinion, to emphasise
that the protection of forests is important in particular for the development of sustainable
agricultural activity, the management of rural areas and the ensuring of a fair standard of
living for the agricultural community.

Recital 11

11. This recital has been inserted to reflect the current rules on committee procedure.

Article 1(1) (Articles 7 and 8 of Regulation (EEC) No 3528/86)

12. These two articles reflect the most recent provisions on committee procedure, without
affecting the substance of the basic Regulation, with the result that the Committee may sit
as either an advisory committee or a regulatory committee. The Commission has,
moreover, to keep the European Parliament regularly informed of the proceedings of
committees, whether acting as an advisory committee or a regulatory committee.

Article 1(2) (Article 11(2) of Regulation (EEC) No 3528/86)

13. The Council has included in its Common Position a financial allocation for 2001 which
corresponds to those appropriations entered in the budget on which the Parliament and
the Council have agreed.

Article 1(2) (Article 11(3) of Regulation (EEC) No 3528/86)

14. The Council has accepted the Parliament’s proposals concerning the Commission’s
obligation to submit a report on the application of the regulation not only to the Council
but also to the Parliament and to submit a revision proposal to both institutions.

Article 1(3) and (4)

15. Following the renumbering of the articles concerning the committee procedure, references

to those articles need to be changed.

Article 2

16.

In its judgment of February 1999, the Court decided that the effects of the two annulled
regulations would be maintained until the Council adopted new regulations on the same
subject. In order to ensure legal certainty, the Council has included an article on the effects
of measures taken pursuant to the annulled regulations.

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Article 3

17. Article 3 takes over Article 2 of the Commission proposal.

B. Regulation on the protection of the Community’s forests against fire

First citation

18. See the reasons adduced for the first citation of the regulation on atmospheric pollution.

Recitals 2 and 12

19. These amendments are identical to those to recitals 1 and 11 respectively of the regulation

on atmospheric pollution.

Recital 4

20. The Council has accepted this recital as proposed by the Parliament, in order to convey

the importance of Mediterranean forests when considering fire protection.

Recital 6

21. Recital 6 has been slightly amended to include a reference to the pan-European Ministerial

Conference in Lisbon and to make it clear that three Conferences are involved.

Recital 9

22. The Council has followed the Parliament’s proposal

protection of
Article 33(1)(b) of the Treaty.

forests contributes to the achievement of

in adding a statement that the
in
the objectives set out

Article 1(1) (Article 9 of Regulation (EEC) No 2158/92)

23. This article has been updated to reflect the new decision on committee procedure. This
Regulation does not make any changes to the substance of the basic Regulation. There is
therefore no reason to change the nature of the existing Committee. The Parliament is
kept regularly informed, whether a regulatory or an advisory committee is involved.

Article 1(1) (Article 10(2) of Regulation (EEC) No 2158/92)

24. See the reasons given for Article 1(2) (budget), of the regulation on atmospheric pollution.

Article 1(1) (Article 10(3) of Regulation (EEC) No 2158/92)

25. The Council has accepted this amendment proposed by the Parliament, which introduces
an obligation on the Commission to submit a report on the application of the Regulation
and a revision proposal to both institutions. This paragraph, as amended by the Parliament,
is identical to that in Article 11(3) of Regulation (EEC) No 3528/86.

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Article 1(2)

26. See the reasons adduced for Article 1(3) and (4) of the regulation on atmospheric

pollution.

Article 2

27. See the reasons given for Article 2 of the regulation on atmospheric pollution.

Article 3

28. Article 3 takes over Article 2 of the Commission proposal.

IV. GENERAL CONCLUSION

29. The Council

thinks that

its Common Position, which largely accepts the Parliament’s
opinion and incorporates the above amendments, constitutes the best way of achieving the
Commission’s objectives.