Common Position (EC) No 22/2002 of 6 December 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 Decision of the European Parliament and of the Council laying down a Community action programme promoting non-governmental organisations primarily active in the field of environmental protection
Date: 2001-12-06
Institutions: Council of the European Union
Subjects: EU financing, EU programme, action programme, aid system, environmental protection, non-governmental organisation, terms for aid

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COMMON POSITION (EC) No 22/2002

adopted by the Council on 6 December 2001

with a view to adopting Decision 2002/. . ./EC of the European Parliament and of the Council of
laying down a Community action programme promoting non-governmental organisations
. . .

primarily active in the field of environmental protection

(2002/C 110 E/03)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

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

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

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

Following consultation of the Committee of the Regions,

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

Whereas:

(1) The Treaty provides

the development and the
implementation of a Community environment policy
and sets out the objectives and principles which guide
that policy.

for

a

dialogue,

such
Environment Action
Programme envisages the need for appropriate support,
including Community finance, to NGOs.

Sixth

the

the Treaty, by active involvement

(4) NGOs active in the field of environmental protection have
already demonstrated that
they can contribute to the
environment policy of the Community, as laid down in
in
Article 174 of
concrete
and in
environmental protection measures
activities to increase the general awareness of the need
for the protection of the environment with a view to
sustainable development. NGOs also active in the field
of animal protection, provided that such activities serve
to achieve environmental protection objectives, may also
participate in this Programme.

(5) NGOs are essential

to coordinate and channel

to the
Commission information and views on the new and
emerging perspectives, such as on nature protection and
transboundary environmental problems, which cannot be,
or are not being, fully dealt with at the Member State or
subordinate level. NGOs have good understanding of
public concerns on the environment and can thus
promote these views and channel
them back to the
Commission.

(2) The action programme introduced by Council Decision
97/872/EC of 16 December 1997 on a Community
action programme promoting non-governmental organi-
sations primarily active in the field of environmental
protection (4) comes to an end on 31 December 2001.
The Programme has been evaluated by the Commission
and present and previous beneficiaries, revealing a strong
support for its renewal or revision.

in
(6) Environmental NGOs participate in experts groups,
the
preparatory and implementation committees of
Community institutions, providing important
to
Community policies, programmes and initiatives and
necessary balance in relation to the interests of other
including industry/business,
actors in the environment,
trade unions and consumer groups.

input

(3) The Sixth Environment Action Programme (5) recognises
the need for empowering citizens, and the measures
proposed include extensive and wide-ranging dialogue
with stakeholders in environmental policy-making.
In
order to make it possible for non-governmental organi-
sations (hereinafter referred to as NGOs) to take part in

(1) OJ C 270 E, 25.9.2001, p. 125.
(2) OJ C 36, 8.2.2002, p. 108.
(3) Opinion of the European Parliament of 23 October 2001 (OJ C
112 E, 9.5.2002, p. 100), Council Common Position of 6
December 2001 and Decision of the European Parliament of . . .
(not yet published in the Official Journal).

(4) OJ L 354, 30.12.1997, p. 25.
(5) OJ C . . .

(7) NGOs with a

capacity

to stimulate

exchange of
perspectives, problems and possible solutions and to
implement relevant activities related to environmental
problems with a Community dimension, involving stake-
level, should be
holders at national, regional and local
promoted. For
this purpose only NGOs and NGO
networks active at a European level will be targeted.

(8) The

geographical

is
expansion of
necessary in order to include candidate countries' NGOs
in the light of
importance in gaining public
acceptance for the environmental acquis and strengthening
its implementation.

the Programme

their

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(9) In the light of the experience gained in the first three
years of implementation of this Decision, an assessment
of the operation of the Programme should be undertaken
in order to decide on its continuation.

(10) The annual appropriations should be decided upon by the

budgetary authority in the budgetary procedure.

(11) This Decision lays down, for the entire duration of the
Programme, a financial framework constituting the prime
reference, within the meaning of point 33 of the Inter-
institutional Agreement of 6 May 1999 between the
European Parliament, the Council and the Commission
on budgetary discipline
the
budgetary procedure (1),
the budgetary authority
during the annual budgetary procedure,

and improvement of

for

HAVE DECIDED AS FOLLOWS:

Article 1

1.
A Community action programme promoting non-govern-
mental organisations (NGOs) primarily active in the field of
environmental protection is hereby established.

The general objective of

this Programme shall be to
2.
promote NGOs which are primarily active in the field of
environmental protection and enhancement at a European
level. Such activities should involve contributing, or being
able to contribute, to the development and implementation
and legislation in
of Community environmental policy
different regions of Europe.

the

The Programme

shall also promote

systematic
3.
involvement of NGOs at all stages of the Community environ-
mental policy-making process, by ensuring relevant represen-
and public
tation in stakeholder
to the
hearings. The Programme
strengthening of small regional or local associations working
to apply
in relation to the
communautaire
environment and sustainable development in their local area.

consultation meetings

also contribute

acquis

shall

the

Article 2

In order to qualify for a grant, an NGO shall have the
following characteristics and comply with the Annex:

(a)

it must be an independent and non-profit-making legal
person primarily active in the field of environmental
protection and enhancement with an environmental
objective aimed at the public good and with a view to
sustainable development;

(1) OJ C 172, 18.6.1999, p. 1.

(b) it must be active at a European level, either singly or in the
form of several coordinated associations with a structure
(membership base) and activities covering at least three
European countries. However, coverage of two European
the primary
countries
objective of the activities is to support the development
and implementation of Community environmental policy,
as detailed in Article 1(2) and (3);

acceptable, provided

that

is

(c)

its activities must meet,
the principles
underlying the Sixth Environment Action Programme and
be in line with the priority areas identified in Article 5;

in particular,

(d) it must have been legally constituted for more than two
years and have had its annual statement of accounts for the
two preceding years certified by a registered auditor. In
cases of exceptional circumstances, the Commission may
grant a derogation from these two requirements, provided
that to do so would not compromise the protection of
Community financial interests.

Article 3

The Programme shall be open to the participation of European
NGOs established in either:

(a) the Member States;

(b) the Associated States (2) in accordance with the conditions
in the
established in the respective Europe Agreements,
additional protocols thereto and in the decisions of the
respective Association Councils;

(c) Cyprus, Malta or Turkey in accordance with conditions and

procedures to be agreed with those countries; or

(d) the Balkan countries forming part of the stabilisation and
association process for countries of south-eastern Europe (3)
in accordance with conditions and procedures to be agreed
with those countries.

Article 4

1.
The Commission shall publish a call for proposals in the
Official Journal of the Communities by 30 September each year,
the
for grants in the following calendar year.
Commission shall use other appropriate means available to
make
the programme known to potential beneficiaries,
including the electronic media.

In addition,

The call

for proposals shall

include an information
2.
package and set out
selection and award
the eligibility,
criteria (including details of the proposed weighting system)
and the application, assessment and approval procedure.

(2) Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania,

Poland, Romania, the Slovak Republic and Slovenia.

(3) Former Yugoslav Republic of Macedonia, Albania, Federal Republic

of Yugoslavia, Bosnia-Herzegovina, and Croatia.

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After assessing the proposals,

the Commission shall
3.
decide which organisations are to receive financing in the
following year, by 31 December each year, save for a delay
in the adoption of the Community budget. The decision shall
give rise to an agreement between the Commission and the
beneficiary,
the
methods of payment, the control and monitoring measures
and the objectives to be achieved by the grant. Payments
shall be made immediately.

fixing the maximum amount of

the grant,

Article 5

Given the importance of sustainable development and the
1.
health and quality of life of European citizens, support from
this Programme shall target
in particular the priority areas
from the Sixth Environment Action Programme, grouped
under four main headings as follows:

(a)

limiting climate change;

(b) nature and bio-diversity — protecting a unique resource;

(c) health and environment;

described in A of the Annex and the principles as outlined in C
of the Annex.

2.
A beneficiary under this Programme shall be free to use
the grant to cover its eligible expenses as it deems appropriate,
over the grant year. All expenses incurred by the beneficiary
during the grant year shall be considered eligible, except for
those specified in section 2 of D of the Annex. Beneficiaries
may also disburse funds to partners or member organisations
in accordance with details specified in the approved work
programme.

statement has been accepted by

The amount of the grant shall become final only once the
3.
audited financial
the
Commission, ensuring that Community funds have been used
in accordance with the relevant provisions of the Financial
Regulation of 21 December 1977 applicable to the general
budget of the European Communities (1).

The final payment shall be reduced accordingly if the total of
Community grants,
from this and any other programmes,
exceeds 80 % of the audited eligible expenses of the beneficiary
for the year.

(d) ensuring the sustainable management of natural resources

and waste.

The Sixth Environment Action Programme will be subject to a
review in the fourth year of operation and revised and updated,
as necessary,
to take account of new developments and
information.

4. Moreover, if the audited financial statement of the grant
year shows that the total revenues of the beneficiary, save
revenues regularly earmarked for ineligible expenses, exceed
the eligible expenses, the final payment shall be reduced or,
if necessary, the excess amount shall be recovered accordingly.
Pursuant to Article 256 of the Treaty, recovery orders shall be
enforceable.

In addition to the abovementioned areas, environmental
education
of
and
legislation shall also be priorities.
Community environmental

implementation

enforcement

and

The selection and award process shall be carried out in

2.
four steps, as detailed in A of the Annex.

Article 6

1.
A grant shall not exceed 70 % of the applicant's average
audited annual eligible expenses during the preceding two
years,
in the case of NGOs based in the Community, or
80 % in the case of NGOs based in the candidate countries
and the Balkan countries, nor 80 % of the applicant's eligible
expenses for the current year.

the Commission shall

In order to ensure the effectiveness of

the grants to
5.
environmental NGOs,
the
take
necessary measures to verify that a selected organisation still
satisfies
for being awarded the grant
throughout the grant year. In particular, a systematic scheme
to monitor the beneficiaries' performance during the grant
year, as well as an ex-post performance evaluation, shall be
put in place.

requirements

the

The Commission shall provide unsuccessful applicants
6.
with reasons
the
requirements, giving sufficient explanation to enable them to
identify reforms needed before making new applications.

the NGO to meet

the failure of

for

Article 7

This Programme shall start on 1 January 2002 and end

1.
on 31 December 2006.

The amount shall be determined annually according to a fixed
weighting system, which takes into account the score values
resulting from the assessment referred to in Article 5(2) and

(1) OJ L 356, 31.12.1977, p. 1. Regulation as last amended by Regu-

lation (EC) No 762/2001 (OJ L 111, 20.4.2001, p. 1).

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The financial framework for the implementation of this
2.
Programme for the period 2002 to 2006 is hereby set at
EUR 32 million.

(c) exclusion from other Community funding opportunity, for

the remaining years of the Programme;

The annual appropriations shall be authorised by the
financial

authority within the

limits of

the

3.
budgetary
perspective.

Article 8

In order to protect the Communities' financial interests
1.
the Commission may
against fraud and other irregularities,
carry out on-the-spot checks and inspections under
this
Programme in accordance with Council Regulation (Euratom,
EC) No 2185/96 (1). If appropriate, the European Anti-Fraud
Office (OLAF) shall carry out investigations, which shall be
governed by Regulation (EC) No 1073/1999 of the European
Parliament and of the Council (2).

the supporting documents,

The beneficiary of a grant shall keep available for the
2.
including the
Commission all
audited financial statement,
regarding expenditure incurred
during the grant year for a period of five years following the
last payment. The beneficiary of a grant shall see to it that,
where appropriate, supporting documents that are in the hands
of partners or members are available for the Commission.

Article 9

1.
Failure to meet expected results, as evidenced by obli-
gatory reports, may lead to ineligibility for funding under
this Programme in the following year. Repeated failure in
the
result
two successive years
remaining years of the programme.

in ineligibility for

shall

2.
If an NGO becomes
recovery order due to intentional
fraud,
caused by negligence or
excluded from funding under the remaining years of
Programme.

the subject of a Commission
irregularities
shall automatically be
the

irregularities,
it

If

the Commission discovers

irregularities, misman-
3.
agement or fraud in relation to a grant, either by audits or
on-the-spot checks, the beneficiary shall be subject to one or
several of the following administrative measures and penalties
in proportion to the severity of the case (and with a right to
appeal against the decision):

(d) exclusion from the relevant dialogue mechanisms of the
Commission, for the remaining years of the Programme.

Article 10

A list of the beneficiaries to be financed under this Programme,
together with the amount allocated, shall be published each
year in the Official Journal of the European Communities.

Article 11

allocating grants

The Commission shall provide a report to the Member States
and the European Parliament by 30 April each year on the
process of
and
outcomes from grants for the previous year. The report shall
include an explanation of how the Commission has selected
beneficiaries
the current year. The Commission shall
convene a meeting of stakeholders to discuss this report by
30 June each year.

current year,

the

for

for

By 31 December 2004 at the latest, the Commission shall
submit a report to the European Parliament and the Council
on the achievement of the objectives of this Programme during
the first three years and shall, if appropriate, make proposals
for any adjustment to be made with a view to continuing or
not continuing the Programme. This Report shall be based on
the reports concerning beneficiaries' performance and assess, in
particular, their effectiveness in contributing to the objectives
stated in Article 1 and the Annex.

The European Parliament and the Council, in accordance with
the Treaty, shall decide on the continuation of the Programme
as from 1 January 2007. Before putting forward proposals to
this end, the Commission shall conduct an external evaluation
of the results achieved by the Programme.

Article 12

This Decision shall enter into force on the day following that
of
the European
Communities.

its publication in the Official

Journal of

(a) annulment of the grant;

Done at . . .

(b) payment of a fine of up to 50 % of the amount of the

recovery order;

For the European Parliament

The President

For the Council

The President

(1) OJ L 292, 15.11.1996, p. 2.
(2) OJ L 136, 31.5.1999, p. 1.

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ANNEX

A. THE FOUR STEPS OF THE SELECTION AND AWARD PROCESS

1. Elimination of applications which do not comply with the technical/administrative requirements for submitting a
request for funding under this Programme. In particular, incomplete or insufficiently detailed applications, or
applications which have not been filled in according to the instructions given on the application form or which
have been submitted after the publicised deadline, shall be ineligible under this Programme.

2. Elimination of applications which do not comply with the eligibility criteria as outlined in Articles 2 and 3.

3. Comparative assessment of the remaining eligible applications evaluated against the following criteria, which are

further specified in B:

(a) extent to which the application and, more specifically, the proposed work programme meet the objectives of
the Programme as described in Article 1 and the priorities of the Programme as described in Article 5;

(b) management and product quality;

(c) outreach, effectiveness and efficiency.

Comparative score values will be assigned to each retained applicant.

4. Fixing the set of applications, which will enter the award procedure by retaining only those which have received

score values above thresholds defined by the Commission.

B. CHARACTERISTICS AGAINST WHICH APPLICANTS WILL BE ASSESSED

Applicants having successfully passed the first two selection steps accounted for in A shall be measured against the
following criteria:

1. Extent to which the application meets the objectives of the Programme

Characteristics of the applicant, including his proposed work programme, which will be evaluated, shall include:

(a) Policy relevance (in relation to the Sixth Environment Action programme, a new European governance,
sustainable development, enlargement, the stabilisation and association process for countries of south-eastern
Europe, the development of the Euro-Mediterranean partnership, integration, gender mainstreaming).

(b) Relevance and potential impact of involvement in Community environmental policy-shaping and implemen-

tation.

(c) Representational ability as to voicing the public's concerns from different regions of Europe and as to feeding

in these ideas and proposals for the solution of environmental problems.

(d) Relevance in environment-awareness raising and knowledge-enhancement activities, both in general and in

relation to Community environmental policies.

(e) Ability to: develop networks between organisations in Member States and in candidate countries; encourage
cooperation with organisations in the public and private sector; and attract part financing from external
sources.

For each of the abovementioned characteristics, consideration shall be given to the strength of the applicant with
regard to fulfilling the associated NGO roles indicated in the examples given in D.

2. Management and product quality

Characteristics to be assessed shall include:

(a) Organisational structure, adequacy in staffing and management of human resources.

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(b) Internal decision-making process, relationship with members, including arrangements to ensure involvement

of membership in policy development and policy pronouncements.

(c) Strategic approach, goal-orientation and planning practices.

(d) Administration, budget control and financial management.

(e) Reporting practices (internal and external).

(f) Self-assessment and quality control, feedback of experience (learning).

(g) Technical/scientific competence.

3. Outreach, effectiveness, efficiency

Characteristics to be assessed shall include:

(a) General visibility of the organisation and its activities.

(b) External relations and effectiveness (with other actors in the field of the environment, such as local and
regional authorities, business and industry, consumer groups, trade unions, other NGOs and the general
public).

C. DETERMINATION OF GRANTS

The grant is calculated on the applicant's forecasted total eligible expenses for the grant year, taking explicitly into
account his average audited expenses over the preceding two years, according to the following principles:

1. When all other parameters are equal, the grant amount for NGOs with larger volumes of relevant activities (as
measured by the average value of their preceding two years' audited annual expenses and the forecasted total
eligible expenses for the grant year) will normally be higher than the grant amounts for NGOs with smaller
volumes of relevant activities. However, the distribution will be made on a non-linear basis and so beneficiaries
with smaller volumes of relevant activities will receive a relatively higher rate of support.

2. When all other parameters are equal, NGOs getting higher comparative assessment scores will receive larger

amounts than lower scoring applicants.

3. When an NGO has requested a specified amount, under no circumstances shall the grant awarded exceed that

amount.

D. ELIGIBLE EXPENSES

1. All expenses incurred by the beneficiary during the grant year shall be considered eligible except those listed in

section 2. Eligible expenses could include some of the following, illustrative, examples of activities:

(a) coordinating and channelling to the Commission information and views, based on the concerns and opinions
of the general public, on new and emerging perspectives, which cannot be, or are not being, fully dealt with
at the Member State or appropriate level;

(b) preparatory work and research required for participation in experts groups, in preparatory and implemen-
tation committees of
to Community policies,
programmes and initiatives and the necessary balance in relation to the interests of other actors in the
environment, including industry/business, trade unions and consumer groups;

the Community institutions, providing important

input

(c) stimulation of exchange of views, problems and possible solutions, related to environmental problems with a
Community dimension, involving stakeholders at national, regional and local level. This could also include
transfer of knowledge and ensuring synergy via networking;

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(d) awareness-raising and knowledge-enhancement regarding both general aspects of

the environment and

Community environmental policy;

(e) capacity building, in particular to reinforce the involvement of small NGOs, new NGO networks and NGOs in

the candidate countries and the Balkan countries at European level.

2. Payments made by the beneficiary and contracts awarded to third parties, which comprise elements of the

categories below, will be deemed ineligible:

(a) entertainment, hospitality, unnecessary or ill-considered expenses;

(b) expenses clearly outside the agreed work programme of the beneficiary for the grant year;

(c) debt reimbursements, interest owed, carried over deficits;

(d) costs related to the capital employed,

investments or reserves set aside to strengthen the assets of the

beneficiary;

(e) contributions in kind;

(f) private expenses;

(g) criminal/illegal activities.

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 22 June 2001 the Commission presented to the Council its proposal for a decision of the
European Parliament and of the Council laying down a Community action programme promoting
non-governmental organisations primarily active in the field of environmental protection. The
proposal was based on the former programme contained in Council Decision 97/872/EC, for the
period 1 January 1998 to 31 December 2001.

2. The European Parliament gave its opinion on 23 October 2001

The Economic and Social Committee gave its opinion on 18 October 2001.

3. On 6 December 2001, the Council adopted its Common Position in accordance with Article 251(2)

of the Treaty.

II. OBJECTIVE

To replace Decision 97/872/EC on the promotion of non-governmental organisations in the field of
environmental protection with a more updated, flexible decision of the European Parliament and of the
Council. Initial EU funding for environmental NGOs was agreed in 1997 under Decision 97/872/EC.
Justification for EU funding was based on the principle that environmental NGOs represent an insight
into European public opinion.

The 1997 Decision requests the European Commission to prepare a report on the success or not, of
the programme. Following extensive research, as well as consultation with interested parties, the
European Commission proposed replacing the previous Council Decision by a new decision of the
European Parliament and of the Council. The essence of the new Decision remains the same as the
former programme but will incorporate changes deemed necessary in the light of past experience. The
main features of the new programme are

— a provision to promote the systematic involvement of European environmental NGOs in EU

environmental policy,

— an expanded programme period from four to five years,

— an earlier call for proposals and earlier Commission decision,

— an expanded geographical scope to include central and eastern Europe,

— a simplified selection, monitoring and evaluation system,

— the introduction of selection criteria,

— the introduction of a funding scheme, which refers to the audited expenses of the beneficiaries,

— the introduction of a fixed auditing requirement.

The new action programme should be in place from 1 January 2002 and run for five years. An interim
evaluation is scheduled for 31 December 2004.

The budget envisioned for this five-year period is EUR 32 million.

III. ANALYSIS OF THE COMMON POSITION

1. General observations

The Council made a number of changes to the Commission proposal; the majority of these were made
to clarify the terms of the proposal and to increase the transparency of management of the programme
and the accountability of the Commission and the beneficiaries.

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In particular the Commission is now required to prepare an annual report for the Member States and
the European Parliament. This report will detail the grant allocation process for the current year and
the outcomes from the grants made in the previous year and the Commission will also convene an
annual meeting of stakeholders to discuss the report. This will enhance both ex-post and ex-ante
evaluation.

For general clarification purposes the Council has also moved the objectives of the programme from an
Annex to an Article; and has clarified the selection criteria and eligible expenses, (parts B and D of the
Annex).

The main changes of substance to the programme (see point 3) relate to the definition of an applicant
NGO and to encouraging the inclusion of smaller NGOs in the programme.

The Commission has accepted the Common Position agreed by the Council.

2. European Parliament amendments

In its plenary vote on 23 October, the European Parliament adopted 24 amendments to the proposal.
Twenty-two of these have already been incorporated, either verbatim or in spirit, into the Council's
Common Position.

(a) The two amendments (Amendments 15 and 24) which have not been incorporated proposed that
contributions in kind made to NGOs should be included in their annual expenses. Given the
structure of the new proposal (which includes an increased grant ceiling) and difficulties that
were encountered during the previous programme in evaluating contributions in kind these
amendments cannot be accepted.

(b) The amendments, which Council has incorporated into its Common Position, can be grouped as

follows:

Amendment 1: a new recital making reference to the annual budgetary procedure; this has become
recital 11,

Amendments 29 and 30: the European Parliament, by amending Articles 2 and 3, wished to extend
the scope to include NGOs active in the field of animal protection. These amendments have been
included in recital 4,

Amendments 14 and 31: alteration to the definition of an applicant NGO, which expressly refers to
associations of NGOs now in Article 2(b), amendment 14 is a consequential change made to Article
6(2) allowing grants to be disbursed to partner or member organisations,

Amendments 5 to 7: introduce three new criteria for applicant NGOs which have been included in
part B of the Annex, rather than the Articles as suggested in the amendments,

Amendment 8: suggests moving the objectives of the programme to a new Article 3a,
common position they are moved to Article 5, rather than a new Article 3a,

in the

Amendment 9: details further information that the Commission must make available in its call for
proposals, accepted in Article 4(2),

Amendment 10: addition made to Article 4(3) which requires the Commission to make immediate
payment,

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Amendments 11, 12, 17, 20 and 21: all, to some extent, require greater transparency and account-
ability in the selection and reporting procedures. The annual report and stakeholders' meeting
introduced in Article 11 of the Common Position (see point 3) addresses this issue and the
substance of these amendments,

Amendment 13: deletes the requirement in Article 6(1) to take account of the size of the NGO
applicant,

Amendments 16 and 19: Amendment 16 introduces a new requirement, Article 6(5a), on the
Commission to provide unsuccessful applicants with reasons for their failure. The substance of
Amendment 19, which was a proposed amendment to Article 10, creates the same requirement,

Amendment 18: clarifies Article 8, in relation to accountability of partner organisations and financial
accountability,

Amendment 22: was proposed as an additional selection criteria in the Annex. The Council has
taken the substance of this amendment, which is to include small regional or local associations of
NGOs working to apply the acquis communautaire in relation to the environment and sustainable
development and added it to Article 1(3) of the Common Position,

Amendment 23: alters the Annex, part C(1), to ensure equality, regardless of the size of the NGO
applicant, grant distribution will be made on a non-linear basis so that beneficiaries with smaller
volumes of relevant activities will receive a relatively higher rate of support.

3. Most important innovations introduced by the Council

Several Member States were of the view that the requirement that applicant NGOs much be active in at
least three countries was a requirement which would disqualify a large number of smaller NGOs in
particular in the more peripheral Member States. To address this concern several amendments were
made to Article 2 of the proposal, as follows:

— it is now clearly stated that an applicant NGO may be a single NGO or ‘several coordinated

associations’ of NGOs, and

— provided that the primary objective of the activities of the applicant NGO is to support the
development and implementation of Community environmental policy as detailed in the objectives
of the programme, then coverage of two, rather than three countries is acceptable.

This second point goes further than second part of European Parliament Amendment 31.

To further ensure that smaller NGOs would be able to participate in the programme Article 1(3) was
extended to state explicitly that the programme ‘shall also contribute to the strengthening of small
regional or local associations working to apply the acquis communautaire in relation to the environment
and sustainable development in their local area’, which is similar in substance to European Parliament
Amendment 22.

IV. CONCLUSIONS

The Council considers that its Common Position, which incorporates, in substance, the amendments
mentioned in III(2)(b), largely takes into account the opinion of the European Parliament at first reading
and represents a balanced solution for the new funding programme.
In comparison to the first
programme the new one ensures greater transparency and accountability and will be open to a
broader range, geographically and in form, of NGO applicants.