Regulation (EC) No 804/2002 of the European Parliament and of the Council of 15 April 2002 amending Council Regulation (EEC) No 3528/86 on the protection of the Community's forests against atmospheric pollution
Date: 2002-04-15
Institutions: Council of the European Union, European Parliament
Subjects: EU financing, air quality, environmental monitoring, forest conservation

17.5.2002

EN

Official Journal of the European Communities

L 132/1

I

(Acts whose publication is obligatory)

REGULATION (EC) No 804/2002 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 15 April 2002

amending Council Regulation (EEC) No 3528/86 on the protection of the Community's forests
against atmospheric pollution

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),

meaning of point 33 of the Interinstitutional Agreement
of 6 May 1999 between the European Parliament, the
Council and the Commission on budgetary discipline
and improvement of the budgetary procedure (5), fixed
at EUR 35,1 million in Article 11(2) of Regulation (EEC)
No 3528/86 should be adjusted in line with the amount
entered in the budget for 2002.

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

(6)

Regulation (EEC) No 3528/86 should therefore be
amended,

Following consultation of the Committee of the Regions,

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

Whereas:

HAVE ADOPTED THIS REGULATION:

(1)

(2)

(3)

(4)

(5)

The period of application of the Community scheme
introduced by Council Regulation (EEC) No 3528/86 (4)
expired on 31 December 2001.

Under Article 11(3) of Regulation (EEC) No 3528/86,
required to submit a revision
the Commission is
proposal to the European Parliament and the Council
before the end of the application period, covering in
particular the ecological, economic and social aspects
and the results of a cost-benefit analysis.

Since preparation of the proposal is still under way, no
proposal can be presented at this stage, and the Euro-
pean Parliament and the Council are consequently not in
for
a position to adopt
continuing the Community scheme for the protection of
forests against atmospheric pollution before it reaches
the end of its application period.

any new arrangements

Continuation of the said Community scheme in 2002
therefore calls for a transitional measure extending its
duration for a year.

The financial allocation for the implementation of the
said Community scheme, which constitutes the prime
the budgetary authority within the
reference

for

(1) OJ C 51 E, 26.2.2002, p. 342.
(2) Opinion delivered on 16 January 2002 (not yet published in the

Official Journal).

(3) Opinion of the European Parliament of 12 March 2002 (not yet
Journal), and Council Decision of 18

published in the Official
March 2002.

(4) OJ L 326, 21.11.1986, p. 2. Regulation as last amended by Regula-
tion (EC) No 1484/2001 of the European Parliament and of the
Council (OJ L 196, 20.7.2001, p. 1).

Article 1

Article 11 of Regulation (EEC) No 3528/86 shall be replaced
by the following:

‘Article 11

The scheme shall run for 16 years from 1 January

1.
1987.

2.
The financial allocation for the implementation of the
scheme shall be EUR 42,6 million for the period 1997 to
2002.

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

Before 30 June 2002, the Commission shall submit to
3.
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).’

Article 2

This Regulation shall enter into force on the day of its publica-
tion in the Official Journal of the European Communities.

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

L 132/2

EN

Official Journal of the European Communities

17.5.2002

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Luxembourg, 15 April 2002.

For the European Parliament

The President

P. COX

For the Council

The President

J. PIQUÉ I CAMPS