Proposal for a European Parliament and Council Regulation concerning monitoring of forests and environmental interactions in the Community (Forest Focus)
Date: 2002-07-15
Institutions: European Commission
Subjects: EU action, European forestry policy, environmental monitoring, environmental statistics, financing, forest, forest conservation, information system, international cooperation, sustainable forest management

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Proposal for a European Parliament and Council Regulation concerning monitoring of forests and
environmental interactions in the Community (Forest Focus)

(2003/C 20 E/10)

COM(2002) 404 final — 2002/0164(COD)

(Submitted by the Commission on 15 July 2002)

EXPLANATORY MEMORANDUM

Objective of the proposal

The purpose of the present proposal for a European Parliament and Council regulation is the establishment
interactions to protect the
of a new Community scheme on monitoring of forests and environmental
Community’s forests. The scheme will be built on the achievements of two Council regulations for
monitoring the impacts of atmospheric pollution (1) and of fires (2) on forest ecosystems. The present
proposal provides a multi-annual framework covering initially a 6 year period from 2003 to 2008. It aims
at adapting the scope of the above mentioned regulations to provide a flexible monitoring scheme to
assess forest ecosystem conditions in a broader context. It also simplifies existing activities by regrouping
elements of both regulations under a single framework regulation covering the protection and monitoring
of forests.

Background

Legislative Background

A Community scheme to protect forests against atmospheric pollution was established by Council Regu-
lation (EEC) No 3528/86 in order to provide increased protection for forests in the Community and
thereby contribute in particular to safeguarding the productive potential of agriculture.

The action aims at setting up a long-term forest monitoring system. The Community action was imple-
mented in close co-operation with the International Co-operative Programme on the Evaluation and
Monitoring of Air Pollution Effects on Forests (ICP Forests) under the UN-ECE Convention on Long-range
Trans-boundary Air Pollution (Geneva, 1979) (3), to which the European Community is a signatory party.
The regulation foresees a 50 % Community co-financing of measures carried out by Member States in the
context of national programmes.

Council Regulation (EEC) No 2158/92 set up an action framework mainly for the prevention of forest
fires. Various measures were co-financed under this regulation, such as the creation or improvement of
existing prevention systems and, in particular, the establishment of protection infrastructure (forest paths,
tracks, hydrants, firebreaks, etc.), as well as the creation or improvement of systems to monitor forests or
identify the causes of forest fires and determine the means for combating them. The forest fire information
system is one of the elements of this regulation, which will be also covered by the proposed framework
regulation.

(1) Council Regulation (EEC) No 3528/86 of 17 November 1986 on the protection of Community’s forests against air

pollution (OJ L 326, 21.11.1986, p. 2).

(2) Council Regulation (EEC) No 2158/92 of 23 July 1992 on the protection of Community’s forests against fire (OJ L

217, 31.7.1992, p. 3).

(3) UN/ECE, 1979, the Convention on Long-range Transboundary Air Pollution.

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Council Regulation (EC) No 307/97 of 17 February 1997 (1) amending Regulation (EEC) No 3528/86
referred to Article 43 of the Treaty as the legal basis. On 30 April 1997 the European Parliament
submitted an application on this subject to the Court of Justice. On 25 February 1999 the Court
delivered a judgement in Joined Cases C-164/97 and C-165/97 (2), in which it noted that the Council
should have taken Article 130 of the Treaty (now Article 175 of the EC Treaty) as the sole legal basis.
Consequently, Regulation (EC) No 307/97 was annulled. However, the Court suspended the effects of the
annulment until the Council adopts a new regulation on the same subject within a reasonable period. This
new regulation (EC) 1484/2001 (3) entered into force on 21 July 2001. Council Regulation (EEC) No
3528/86 has recently been amended by Regulation (EC) No 804/2002 (4).

Protecting forests against atmospheric pollution

In co-operation with ICP Forests, Community action has been developed over the years in line with
objectives formulated in Ministerial Conferences on the Protection of Forests in Europe (Strasbourg (5),
Helsinki (6) and Lisbon (7)) and the United Nations Conference on Environment and Development (UNCED)
(Rio de Janeiro 1992). The Community action has been implemented by Commission Regulations (EEC)
Nos 526/87 (8) and 1696/87 (9), (EC) Nos 1091/94 (10) and 2278/99 (11) and has fulfilled the objectives set
by the Council.

Protecting forests against forest fires

In 1994, the Commission adopted Regulation (EC) 804/94 (12) on implementing the Community forest-fire
information system. This regulation introduced systematic collection of a set of data on each fire occurring,
for all areas at risk of fire in the Member States participating in the system. The forest-fire information
system now covers six Member States of the Union with fire-risk areas: Germany, Portugal, Spain, France,
Italy and Greece. The system is an operational tool for monitoring and assessing the measures taken by the
Member States and the Commission for fire prevention.

References to Environmental Policies and Integrating New Environmental Issues

This enhanced monitoring regulation is related to the overall package of environmental action areas and
will follow a scientific based approach. The various monitoring elements proposed are all related to key
priorities in the 6th Environmental Action Programme (13) and the Sustainable Development Strategy (14),
i.e. pollution, climate change, biodiversity, natural resources and soils.

(1) OJ L 51, 21.2.1997, p. 9.
(2) [1999] ECR I-1139.
(3) OJ L 196, 20.7.2001, p. 1.
(4) OJ L 132, 17.5.2002, p. 1.
(5) General Declaration and Resolutions Adopted. First Ministerial Conference on the Protection of Forests in Europe,

Strasbourg, 1990.

(6) General Declaration and Resolutions Adopted. Second Ministerial Conference on the Protection of Forests in Europe,

Helsinki 1993.

(7) General Declaration and Resolutions Adopted. Third Ministerial Conference on the Protection of Forests in Europe,

Lisbon 1998.

(8) OJ L 53, 21.2.1997, p. 14.
(9) OJ L 161, 22.6.1987, p. 1.
(10) OJ L 125, 18.5.1994, p. 1.
(11) OJ L 279, 29.10.1999, p. 3.
(12) OJ L 93, 12.4.1994, p. 11.
(13) The 6th Environmental Action Programme: Our Future our Choice, 24.1.2001, COM(2001) 31 final.
(14) A Sustainable Europe for a better world: A European Union Strategy for Sustainable Development, 15.5.2001,

COM(2001) 264 final.

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Environmental legislation and policies at Union level, such as the Clean Air for Europe Programme (1), the
2000/60/EC Water Framework Directive (2), the 79/409/EEC Directive on the conservation of wild birds (3)
and the 92/43/EEC Directive on the conservation of natural habitats and of wild flora and fauna (4), as well
as the recent EU Thematic Strategy for Soil Protection (5), need better information to identify the nature of
risks and uncertainties, so as to provide a basis for solutions and further policy decisions. A Community
scheme on monitoring of forests and environmental interactions will contribute to meeting these needs.

The proposed monitoring activity could assist substantially the monitoring requirements deriving from
European Climate Change Programme (6), the EU Biodiversity Strategy (7) and corresponding Biodiversity
Action Plans, the Soil Strategy and the forthcoming scheduled work on the Soil Monitoring Directive and
could contribute to Global Monitoring of Environment and Security (GMES) activities.

The European Union and its Member States are committed to promote sustainable development in all
policies and actions. The EU and its Member States are also committed to the sustainable management and
protection of forests in all relevant international and pan-European processes related to forests such as in
particular the Forest Principles agreed at the 1992 UN Conference for Environment and Development in
Rio de Janeiro and the subsequent work deriving from its follow-up (8), the ongoing process of the
Ministerial Conference on the Protection of Forests in Europe and the resolutions (9) adopted so far in
this context, as well as the Convention on Long-range Transboundary Air Pollution and the protocols
under this Convention.

Evaluation of the proposed Community scheme

The proposal has not been based on an ex-ante evaluation, as the proposed scheme builds on the
monitoring activity of the Council Regulations (EEC) No 3528/86 and (EEC) No 2158/92. The Commission
has recently prepared a report on the application of the monitoring activity 1987-2001, which will be sent
to the European Parliament and the Council.

However, the proposal has taken into consideration the results of an independent review of the monitoring
activity. Centralised co-ordination by a Scientific Co-ordination Body, continuous monitoring of activities
carried out by the scheme and a new organisational structure, shall help to further improve the efficiency
of the scheme. The requirement in the National Programmes of the Member States to elaborate ex-ante,
midterm and ex-post evaluations will enhance the transparency of the scheme's activities and its overall
cost efficiency. The Commission will similarly carry out a midterm review of the scheme followed by an
evaluation report at the end of the execution period of the scheme.

(1) Communication from the Commission, The Clean Air for Europe (CAFE) Programme: Towards a Thematic Strategy

for Air Quality, 4.5.2001, COM(2001) 245 final.

(2) OJ L 327, 22.12.2000, p. 1.
(3) OJ L 103, 25.4.1979, p. 1.
(4) OJ L 206, 22.7.1992, p. 7.
(5) Communication from the Commission to the Council and the European Parliament, Towards a Thematic Strategy for

Soil Protection, 16.4.2002, COM(2002) 179 final.

(6) EU policies and measures to reduce greenhouse gas emissions: Towards a European Climate Change Program,

COM(2000) 88 final.

(7) A European Community Biodiversity Strategy, 5.2.1998, COM(1998) 42 final.
(8) UNCED, 1992, the Convention on Biological Diversity, the Convention on Climate Change, the UN Intergovern-

mental Panel and Forum on Forests and the UN Forum on Forests.

(9) Ministerial Conferences on the Protection of Forests in Europe (Strasbourg, 1990, Helsinki, 1993 and Lisbon, 1998).

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Outline of the proposed framework monitoring regulation

Legal Basis

According to the decision of the European Court (25 February 1999) concerning the legal basis for
Council Regulation (EEC) No 3528/86 as well as for Council Regulation (EEC) No 2158/92 and with
respect to the objectives of the future EU action Article 175 of the Treaty is the only legal basis. The
Community policy on the environment shall contribute, under Article 174, paragraph 1, to preserve, to
protect and to improve the quality of the environment and encourage prudent and rational use of natural
resources, taking into account the diversity of situations in different regions of the Community.

Implementation of the scheme

The framework regulation will be implemented by Commission regulations, which will prescribe general
the monitoring activities, procedures to be followed for reporting and for the national
aspects of
programmes. The Commission regulations will also deal with the establishment of manuals that
describe the monitoring methods.

Objectives, Content and Definitions (Article 1-3)

The main objective of the proposed action is to provide a framework for a Community scheme to
contribute towards the protection of forest ecosystems in the Community by monitoring the conditions
of these ecosystems. The objective cannot be sufficiently achieved by the Member States acting separately.
It can be better achieved by a Community action in order to ensure harmonised data collection and the
provision of policy relevant information at Community level, which shall help the evaluation of ongoing
Community measures to promote the conservation and sustainable management of forest ecosystems.

The following aspects have been taken into account:

— Nearly 44 % of the total land area of the EU is covered with forests and other wooded areas. Forest
ecosystems fulfil various functions with economic, social and ecological significance. Furthermore forest
ecosystems are also habitat for various species of plants and animals.

— Forest ecosystems are exposed to serious threats from air pollution, fires, climatic change, and attacks
from parasites and diseases. Most of these threats can have cross-border effects and can seriously upset
and even destroy forest ecosystems.

— The protection of forest ecosystems is therefore a major concern. The European Union and its Member
States are committed to the protection of forests and to the sustainable management of forests in all
relevant pan-European and international processes related to forests. The forest strategy and the sixth
environmental action programme address forest related issues of concern and identify monitoring
needs.

— Forest ecosystem conditions, changes of these conditions, forests ecosystems reaction to environmental

stress and the effects of policies can only be traced by means of monitoring.

— Changes in forest ecosystem condition as well as the reasons for these changes may be recognised at an

early stage thereby allowing the adoption of timely and appropriate measures in due time.

— A long-term monitoring programme, which is flexible in its implementation, is needed to achieve these

objectives.

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The future EU scheme shall be based on four pillars:

— establishment of a monitoring programme on air pollution effects on forests,

— establishment of forest fire monitoring,

— continuous evaluation of the efficiency of monitoring activities in the assessment of forest ecosystem

conditions and the further development of monitoring activity,

— establishment of new monitoring activities on forest biodiversity, soils, climate change and carbon
sequestration after the development of appropriate monitoring methods and provided that
the
necessary additional financial resources will be made available by the budgetary authority.

Monitoring and tools to improve and develop the scheme (Article 4-7)

The monitoring of air pollution effect on forests will be carried out on a systematic network of observation
points, which covers the whole Community, and a network of intensive monitoring plots. The systematic
network provides representative information on forest conditions and changes. Intensive monitoring in
selected plots allows for in-depth monitoring activities in order to observe ecosystem processes. Thus the
intensive monitoring plots and the monitoring on the systematic network of points complement each
other.

Fires seriously affect forests in many parts of the Community. The forest fire monitoring will be established
with a view to monitoring the extent and causes of forest fires. It will allow assessing the impacts of fires
on forest ecosystem conditions and will provide an operational tool for monitoring and assessing the
measures taken by the Member States and the Commission. The provisions of the Programme activities
will support and complement activities related to forest fires undertaken under the provisions of civil
protection (1), the Council Regulation (EEC) No 1257/1999 on support for rural development (2) and the
European Forest Information and Communication System (EFICS) (3).

The Commission shall conduct studies, experiments and demonstration projects, which shall in particular
help to develop the scheme and to further improve its efficiency. In order to make full use of the results
derived from these actions, Member States will be asked to conduct studies, experiments and demon-
stration projects in the new monitoring areas. The determination of appropriate parameters, the elabo-
ration of methods for data collection and a test phase to check the feasibility and practicability of the
methods are therefore prerequisites for the gradual incorporation of new monitoring elements.

National Programmes, Co-ordination and Co-operation (Article 8-11)

The monitoring activities to be carried out by the Member States, in particular the collection of data as
well as studies, experiments and demonstration projects shall be implemented under multi-annual national
programmes (3 year period).

To achieve these objectives the Commission shall establish a Scientific Co-ordination Body, which may be
within the Joint Research Centre. It shall in particular organise the collection and assessment of data and
shall develop a Community data platform.

The Commission may need additional assistance from contracted decentralised thematic centres and may
in addition consult and contract experts and research institutes for carrying out specific works.

(1) OJ L 327, 21.12.1999, p. 53.
(2) OJ L 160, 26.6.1999, p. 80.
(3) OJ L 165, 15.6.1989, p. 12.

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The European Environmental Agency shall assist the Commission in its reporting activity. In this context
co-operation with pan-European and international bodies, in particular with ICP Forests in the common
field of monitoring air pollution, is needed to ensure a coherent approach to monitoring.

Period of Execution and Financial Aspects (Article 12-13)

The scheme shall run for 6 years, from 1 January 2003 to 31 December 2008. The proposed framework
regulation will provide co-financing up to 50 % of the eligible costs for monitoring activity and database
platforms, as well as for studies, experiments and demonstration projects to be carried out by Member
States in the context of their national programmes. The Commission will finance its own activities, such as
co-ordination and evaluation work, as well as studies, projects and experiments. A contribution shall be
made to the European Environmental Agency. Furthermore, a contribution may be provided to ICP Forests
to establish a scientific interface with the Scientific Co-ordination Body of the Community, thus allowing
the ICP Forests to ensure the exchange of knowledge, information and data and to allow for a coherent
approach in common fields of forest monitoring.

In order to conduct monitoring of air pollution effects on forests and on forest fires, to develop new
monitoring activities and to improve the scheme 52 Million EUR shall be provided for the period
2003-2006. For the years 2007 and 2008, the annual amount of 13 million EUR may be increased in
order to fund new activities, provided such an increase is approved by the budgetary authority.

Execution, Reporting by Member States, Standing Forestry Committee (Article 14-17)

The Member States shall each designate one National Focal Centre to ensure efficient and clear communi-
cation structures.

The data gathered under the scheme shall be submitted by the National Focal Centres to the Commission.
The environmental data gathered under the scheme shall be made available to the public and especially to
experts and research institutes.

A multi-annual approach with a reporting period of three years is foreseen for the reporting of the results
gained from the monitoring of forest ecosystems conditions. However, for forest fires these will be for
annual reporting. The Commission will conduct a review of the scheme after three years and report on its
implementation.

The Standing Forestry Committee shall assist the Commission in co-ordinating, monitoring and developing
the scheme for harmonised and comprehensive monitoring of forest ecosystem conditions and related
environmental
It will be consulted in accordance with the procedures of Council Decision
1999/468/EC (1) of 28 June 1999 laying down the procedures for the exercise of implementing powers
conferred on the Commission.

impacts.

Reporting by the Commission, Review, Candidate Countries (Article 18-21)

The Commission shall conduct a review of the scheme after its first 3 year period and shall report during
its fourth year based on this review, on this basis on the implementation of the scheme. Also before the
to the European
running period referred to in the regulation expires,
Parliament and to the Council on the implementation of the regulation. The scheme shall be open to
the candidate countries.

the Commission will report

(1) OJ L 184, 17.7.1999, p. 23.

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THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

Having regard to the opinion of the Economic and Social
Committee,

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

Acting in accordance with the procedure laid down in Article
251 of the Treaty (1),

Whereas:

(1) Forests have an important multifunctional role for society.
Apart from their significant role in the development of
rural areas, forests have a major value for nature conser-
vation, play
the
environment, are key elements of the carbon cycle and
significant carbon sinks and represent a critical controlling
factor of the hydrological cycle.

an important

in preserving

role

(2) Forest ecosystems can be seriously affected by natural
factors such as extreme weather conditions, attacks from
parasites and diseases, or human influences
such as
climate change, fires and air pollution. Such threats can
seriously distort and even destroy forest ecosystems. Most
natural
forest
ecosystems can have cross-border effects.

anthropogenic

affecting

factors

and

the

and

forest

heritage,

environment

(3) The Communication from the Commission to the Council
and the European Parliament on a Forestry Strategy for
the European Union (2) stressed the need to protect the
natural
to
sustainably manage forests, and to support international
and pan-European co-operation concerning the protection
of forests making reference to forest monitoring and the
promotion of forests as carbon sinks. The Council with its
Resolution of 15 December 1998 on the Forestry
Strategy (3) has called upon the Commission to evaluate
effectiveness of
and improve
the
continuously the
forest health and to
European monitoring system of
take into account all
impacts on forest
ecosystems. It has also called upon the Commission to
the
special
pay
Information System, which
Community Forest
enables
the protection measures
against fires to be better assessed.

attention to the development of

the effectiveness of

the potential

Fire

(4) The

sixth environmental

the
European Community (4) identifies the need to base the

action programme of

(1) OJ C 340, 10.11.1997, p. 173.
(2) A Forestry
the

for

Strategy
COM(1998) 649 final.
(3) OJ C 56, 26.2.1999, p. 1.
(4) The 6th Environmental Action Programme: Our Future our Choice,

European Union, 3.11.1998,

24.1.2001, COM(2001) 31 final.

implementation and evaluation of environ-
drawing-up,
mental policies on a knowledge based approach and, in
particular, the need for monitoring the multiple roles of
forests in line with recommendations adopted by the
Ministerial Conference on the Protection of Forests in
Europe and the United Nations Forum on Forests and
the Convention on Biodiversity and other fora.

(5) The Community and the Member States are committed to
implement internationally agreed activities related to the
conservation and sustainable management of forests,
in
particular, the Proposals for Actions of the Intergovern-
mental Panel and Forum on Forests, as well as the
Forest Biological
Expanded Work
Diversity of the Convention on Biological Diversity (5).

Programme

on

forest

affecting

(6) The Community has already addressed two of the causes
adversely
conditions by
Council Regulation (EEC) No 3528/86 of 17 November
1986 on the protection of
the Community’s forests
against atmospheric pollution (6) and Council Regulation
(EEC) No 2158/92 of 23 July 1992 on protection of the
Community's forests against fire (7).

ecosystems

(7) Both regulations expire on 31 December 2002 and it is in
the general
interest of the Community to continue and
further develop the monitoring activities established by
those Regulations by integrating them into a new
scheme called ‘Forest Focus’.

taken,

in particular, under

(8) Measures under the scheme concerning forest fire moni-
those measures which are
toring should complement
the provisions of
under
Council Decision 1999/847/EC of 9 December 1999
establishing a Community action programme in the field
civil protection (8), Council Regulation (EC) No
of
1257/1999 of 17 May 1999 on support for rural devel-
opment from the European Agricultural Guidance and
Guarantee Fund (EAGGF) and amending and repealing
certain Regulations (9) and Council Regulation (EEC) No
1615/89 of 29 May 1989 establishing a European
Forestry
System
(EFICS) (10).

Communication

Information

and

(9) The

should

scheme

encourage

of
in the
information on forest ecosystems conditions
Community and enable the evaluation of the impact of
Community's measures taken to protect and develop and
manage forests in the Community in a sustainable way.

exchange

the

(5) Decision VI/22 of

the Conference of

the Parties to the UN

Convention on Biological Diversity, 2002, The Hague.

(6) OJ L 326, 21.11.1986, p. 2; as last amended by Regulation (EC)

No 804/2002 (OJ L 132, 17.5.2002, p. 1).

(7) OJ L 217, 31.7.1992, p. 3; as last amended by Regulation (EC) No

805/2002 (OJ L 132, 17.5.2002, p. 3).

(8) OJ L 327, 21.12.1999, p. 53.
(9) OJ L 160, 26.6.1999, p. 80.
(10) OJ L 165, 15.6.1989, p. 12; as last amended by Regulation (EC)

No 1100/98 (OJ L 157, 30.5.1998, p. 10).

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(10) In order to promote a comprehensive understanding of
the relationship between forests and the environment, the
should also include monitoring of other
scheme
important
factors such as biodiversity, carbon seques-
tration, climate change and soils. That scheme should
therefore comprise actions in order to provide for a
broader range of objectives and a flexible implementation,
while building on the achievements made under Regu-
lations (EEC) No 3528/86 and (EEC) No 2158/92.
It
should provide for appropriate, cost efficient monitoring
of forests and environmental interactions.

(11) The Member States should implement scheme through
national programmes to be approved by the Commission
following a procedure, which will be set up.

(12) The Commission should ensure the co-ordination, moni-
through a
it's own

toring and development of
Scientific Co-ordination Body and conduct
studies, experiments and demonstration projects.

scheme

the

(13) The monitoring of forests and environmental interactions
can only provide reliable and comparable information to
protect forests in the Community, if data are collected on
the basis of harmonised methods. Such comparable
information at Community
level would contribute
the establishment of a platform containing
towards
spatial data deriving from various sources of common
environmental information systems. It is therefore appro-
priate to prepare manuals laying down the methods to be
used for monitoring of forest ecosystem conditions, the
format of the data and rules for data handling.

(14) The Commission should co-operate with other

inter-
national bodies in the field of forest monitoring, and, in
particular, the International Co-operative Programme on
the Evaluation and Monitoring of Air Pollution Effects on
Forests.

(15) This regulation establishes a financial framework for the
entire duration of the programme which is to be the
principal point of reference for the budgetary authority,
within the meaning of point 33 of the Interinstitutional
Agreement of 6 May 1999 between the European
Parliament,
the Commission on
budgetary discipline and improvement of the budgetary
procedure (1).

the Council

and

(16) It

is appropriate

the
Community contribution to activities financed under the
scheme.

the volume of

to determine

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

(17) The financial contribution to eligible costs of the activities
under
the scheme should support harmonised data
collection and promote the further development of the
scheme. During the initial phase, financial resources will
mainly be assigned for the continuation of the monitoring
activities established under Regulations (EEC) No 3528/86
and (EEC) No 2158/92. The scheme should, in the future,
provide for additional necessary financial contribution for
newly defined monitoring activities.

(18) Member States should designate co-ordination authorities
and agencies at national level, responsible for the handling
and forwarding of data, as well as for the administration
of the Community contribution.

(19) Member States should also draw up reports on different
monitoring activities, which should be submitted to the
Commission.

(20) The data should be disseminated taking into account the
Convention on access to information, public participation
in decision-making and access to justice in environmental
matters (Aarhus Convention) (2).

(21) The measures necessary for the implementation of this
Regulation 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 to the Commission (3). The Standing
Forestry Committee shall assist the Commission (4).

(22) It is important to keep the scheme under review and
in order to identify needs to be
assess its effectiveness,
to the
addressed. The Commission should report
and to the Council on the
European Parliament
implementation of the scheme,
in particular in view of
it's continuation beyond the implementation period fixed
in this Regulation.

(23) Since the objectives of the proposed action, namely the
monitoring of
forests, their ecosystems conditions and
environment interactions, cannot, by their very nature,
be sufficiently achieved by the Member States and can
therefore, be better achieved at Community level,
the
Community may adopt measures,
in accordance with
the principle of subsidiarity as set out in Article 5 of
the Treaty. In accordance with the principle of propor-
tionality, as set out in that Article, this regulation does
not go beyond what is necessary in order to achieve those
objectives.

(2) Convention on access

to information, public participation in
decision making and access to justice in environmental matters.
UN/ECE, 1998.

(3) OJ L 184, 17.7.1999, p. 23.
(4) OJ L 165, 15.6.1989, p. 14.

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(24) The Europe Agreements between the European Union and
its Member States, of the one part, and the candidate
countries of Central and Eastern Europe, of the other
part, provide for participation of
in
in particular in the field of
Community programmes,
the environment.

these countries

(25) In the light of

the expiry of Regulations (EEC) No
3528/86 and (EEC) No 2158/92 and in order to avoid
any overlap or void it is appropriate for the regulation to
apply from 1 January 2003,

HAVE ADOPTED THIS REGULATION:

Objectives, Content and Definitions

Article 1

A Community scheme for broad based, harmonised and
comprehensive,
forest ecosystems
conditions, (hereinafter referred to as ‘the scheme’) is hereby
established to encourage the implementation of monitoring
activities, in particular in the following areas:

long-term monitoring of

(a) monitoring and protection of forests against atmospheric

pollution;

(b) monitoring and protection of forests against fires;

(c) monitoring of biodiversity, climate change, carbon seques-

tration and soils;

(d) continuous evaluation of the efficiency of the monitoring
activities in the assessment of forest ecosystems conditions
and the further development of monitoring activity.

The scheme shall provide reliable and comparable data and
information on forest ecosystems conditions and harmful
influences affecting the Community's forest ecosystems.
It
shall also help to evaluate ongoing Community measures to
promote conservation and sustainable management of forests,
with particular emphasis on actions taken to reduce impacts
negatively affecting forest ecosystems.

(a) promote harmonised collection, handling and assessment of

data;

(b) improve data evaluation and promote integrated data

evaluation at Community level;

(c)

improve the quality of data and information gathered under
the scheme;

(d) further develop the monitoring activity of the scheme;

(e) enhance the understanding of forest ecosystems and,

in
particular, the causes of natural and anthropogenic stresses;

(f) study the dynamics of forest fires and their impacts on

forest ecosystems;

(g) develop indicators and methodologies for cumulative risk

assessment.

The actions set out in paragraph 1 shall be comple-

2.
mentary to Community research programmes.

Article 3

For the purpose of this regulation, the following defi-

1.
nitions shall apply:

(a)

‘Forest ecosystems’ means ‘forest’ being land with tree
crown cover (or equivalent stocking level) of more than
10 percent and area of more than .5 ha., the trees being
able to reach a minimum of 5 m at maturity in situ, and
‘other wooded land’ being land either with a tree crown
cover (or equivalent stocking level) of 5 to 10 percent of
trees able to reach a height of 5 m at maturity in situ; or
land with a crown cover (or equivalent stocking level) of
more than 10 percent of trees not able to reach a height of
5 m at maturity in situ (e.g. dwarf or stunted trees) or
shrub or bush cover;

(b) ‘Ecosystem’ means a dynamic complex of plant, animal and
non-living

their
micro-organism communities
environment interacting as a functional unit;

and

(c)

‘Development of the scheme’ means the elaboration and
establishment of new monitoring activities;

1.

The scheme shall provide for actions in order to:

monitoring activities already implemented.

Article 2

(d) ‘Improvement of the scheme’ means the optimisation of

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Forest as referred to in paragraph 1(a) may consist either
2.
of closed forest formations where trees of various storeys and
undergrowth cover a high proportion of the ground; or of
open forest formations with a continuous vegetation cover in
which tree crown cover exceeds 10 percent. Young natural
stands and all plantations established for forestry purposes
which have yet to reach a crown density of 10 percent or
tree height of 5 m are included under forest, as are areas
normally forming part of the forest area which are temporarily
unstocked as a result of human intervention or natural causes,
but which are expected to revert to forest.

Article 6

1.
For the realisation of the aims set out in Article 1(c), the
Commission shall conduct studies, experiments and demon-
stration projects
in
particular to:

to further develop the scheme and,

(a) enhance the knowledge of forest ecosystems conditions as
ecosystems

well
conditions and natural and anthropogenic stresses;

relationship between forest

the

as

Monitoring and tools to improve and develop the scheme

(b) assess impacts of climate change on forest ecosystems,

including forest biodiversity;

Article 4

Building on the achievements of Regulation (EEC) No

1.
3528/86, the scheme shall:

(a) continue and further develop a systematic network of
observation points in order to conduct periodic inventories
in order
forest
ecosystems conditions;

information of

representative

to get

(c)

identify key structural and functional ecosystems elements
to be used as indicators for assessing status and trends of
forest ecosystems biodiversity;

(d) study the interactions between forests and the environment.

(b) continue and further develop a network of observation
plots, on which intensive and continuous monitoring of
the forest ecosystems are carried out.

Based on the findings of

in
2.
paragraph 1,
the Commission may ask Member States to
carry out studies, experiments, demonstration projects or a
monitoring test phase.

the measures

set out

2.
The detailed rules for the implementation of paragraph 1
shall be laid down in accordance with the procedure referred to
in Article 17(2).

3.
The measures set out in paragraphs 1 and 2 shall help to
define new monitoring activities, to be incorporated into the
scheme after the approval of appropriate manuals. When
developing the scheme, the Commission shall take account of
scientific as well as financial needs and restrictions.

Article 5

1.
Building on the achievements of Regulation (EEC) No
2158/92, the scheme shall continue and further develop an
information system in order to collect comparable information
on forest fires at Community level.

2.
The scheme shall allow Member States to conduct studies
on the identification of the causes and dynamics of forest fires,
as well as on the response of forest ecosystems to them. Those
studies shall complement activities and measures related to
forest
the provisions of Decision
1999/847/EC, Regulation (EC) No 1257/1999 and Regulation
(EEC) No 1615/89.

fires undertaken under

3. Member States may, at their request, participate in the
measures and activities referred to in paragraphs 1 and 2.

The detailed rules for the implementation of paragraphs
4.
1, 2 and 3 shall be laid down in accordance with the procedure
referred to in Article 17(2).

Article 7

1.
For the realisation of the aims set out in Article 1(d) and
in addition to the actions set out in Article 6, the Commission
shall conduct studies, experiments and demonstration projects
in order to:

(a) promote harmonised collection, handling and assessment of

data at Community level;

(b) improve data evaluation at Community level;

4.
The detailed rules for the implementation of paragraphs 1
and 2 shall be laid down in accordance with the procedure
referred to in Article 17(2).

(c)

improve the quality of data and information gathered under
the scheme.

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The detailed rules for the implementation of paragraph 1
2.
shall be laid down in accordance with the procedure referred to
in Article 17(2).

the evaluation of the data gathered, as well as the publication
of results from data evaluations.

National Programmes, Co-ordination and Co-operation

Article 8

The activities provided for in the Articles 4 and 5 and
1.
Article 6 (2 and 3) shall be implemented under national
programmes,
to be drawn up by the Member States for
periods of 3 years.

2.
The national programmes shall be submitted to the
Commission within 30 days following the entry into force of
this Regulation and thereafter before 1 November in the year
preceding the commencement date of each 3 year period.

3. Member States shall adapt
their national programmes
approved by the Commission, in particular in order to allow
for the extension of
the monitoring activity developed in
accordance with Article 6.

evaluation when

The national programmes shall be accompanied by an
4.
the
they
ex-ante
also carry out
States
Commission. The Member
mid-term evaluations at
the
the end of
period set out in Article 12 and ex-post evaluations at the
end of that period.

shall
the third year of

submitted

are

to

Article 10

1.
To harmonise the activities referred to in Article 4 and 5
and Article 6(3) and to ensure the comparability of data,
manuals shall specify mandatory parameters and lay down
the monitoring methods as well as the data formats to be
used for data transmission.

2.
Detailed rules for the implementation of paragraph 1
shall be laid down according to the procedure referred to in
Article 17(2).

Article 11

The Commission shall co-operate,

in particular with
1.
regard to the objectives set out
in Article 1, with other
bodies at an international or pan-European level to meet the
Community's obligations for the protection and sustainable
management of forests.

In the context of Article 4,

2.
the Commission shall
collaborate with the International Co-operative Programme
on Assessment and Monitoring of Air Pollution Effects on
Forests, (hereinafter referred to as ‘ICP Forests’), to meet obli-
gations set out
the Convention on
in the framework of
Long-range Transboundary Air Pollution.

The Commission shall, on the basis of

5.
the national
programmes submitted, or on the basis of any approved adap-
tations of these national programmes, decide on the financial
contributions to the eligible costs.

6.
Detailed rules for the implementation of paragraphs 1 to
4 shall be laid down according to the procedure referred to in
Article 17(2).

For the purposes of

3.
paragraphs 1 and 2,
following activities:

the co-operation referred to in
the

the Community may support

(a) establishment of a scientific interface to the Scientific

Co-ordination Body;

(b) studies and data evaluations.

Article 9

Period of Execution and Financial Aspects

The Commission shall co-ordinate, monitor and develop

1.
the scheme and shall report on it.

Article 12

The Commission shall assess data at Community level
the collected data and

2.
and shall ensure the evaluation of
information at Community level.

3.
To fulfil the tasks laid down in paragraphs 1 and 2, the
Commission shall establish a Scientific Co-ordination Body,
which may be within the Joint Research Centre, which may
be supported by decentralised thematic centres.

To fulfil
its reporting tasks laid down in paragraph 1 the
Commission shall be assisted by the European Environmental
Agency.

The scheme shall run for a period of 6 years from 1

1.
January 2003 to 31 December 2008.

2.
For the purposes of the scheme the maximum financial
support of the Community to the eligible costs of the national
programmes shall be as follows:

(a) Activities to be realised under Article 4: 50 %;

(b) Activities to be realised under Article 5: 50 %;

(c) Activities to be realised under Article 6(2) and (3): 50 %.

The Commission may consult and contract

4.
research
institutes and experts to develop the scheme and to ensure

The Commission shall pay the Community contribution

3.
to the eligible costs to the Member States.

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The Commission shall finance activities to be realised
4.
under Article 6(1), Article 7 and Article 9 (1, 2 and 4),
in
accordance with the applicable rules for public procurement.

(d) ensure that the bodies mentioned in paragraph 1 have

proper internal management and control systems,

The Community may provide a contribution to the
the

5.
European Environmental Agency for the fulfilment of
tasks set out in Articles 9(3) and 18.

(e)

in the case that the bodies mentioned in paragraph 1 are
not public entities, Member States stand guarantee for
them.

6.
The Community may provide a contribution to the ICP
Forests in order to meet the Community's obligations set out in
Article 11, paragraph 2.

Article 13

1.
The financial resources for the implementation of the
scheme for the period 2003-2006 shall be 52 million EUR.
Thereafter, for the period 2007-2008, this annual amount of
13 million EUR may be increased, subject to an authorisation
by the budgetary authority.

The financial resources fixed in paragraph 1 shall be
2.
increased in the case of accession of new Member States to
the Union.

Annual

3.
budgetary
perspectives.

appropriations

shall be

authority within the

authorised by the
financial

the

limits of

4. Member States shall provide the Commission with all the
necessary information and shall make any arrangements, which
may facilitate checks, including on-the-spot inspections by the
Commission or the European Court of Auditors, which the
the purposes of
appropriate
Commission considers
managing Community financing. Member States shall inform
the Commission of the arrangements made to this end.

for

Article 15

1.
The Member States shall annually, through the National
Focal Centres, forward to the Scientific Co-ordination Body the
data gathered under the scheme, together with a data accom-
panying report.

The data shall be geo-referenced and transmitted to the
telecommunications
Commission by means of
and/or electronic technology. The Commission shall establish
the format and particulars needed for the transmission.

computer

Execution, Reporting by Member States, Standing Forestry
Committee

Article 14

2.
The Member States shall actively disseminate the data
gathered according to common formats and standards and
through electronic geo-referenced databases that are easily
accessible to the public.

1. Member States shall designate the bodies competent to
manage the activities
included in the approved national
programmes, on the basis of the financial and operational
capacity of those bodies. Those bodies can be either national
administrations or other entities,
to Commission’s
approval of private entities.

subject

3.
The Commission’s right to use and disseminate the data
gathered shall not be restricted in order to promote the
evaluation of the data and to obtain the highest added value
from the use of
in accordance with the Aarhus
convention.

the data,

2. Member States shall designate one single authority or
agency to co-ordinate the programme at national level, (here-
inafter referred to as ‘National Focal Centre’).

The detailed rules for the implementation of paragraph 1
4.
shall be laid down in accordance with the procedure referred to
in Article 17(2).

3. Member States shall be responsible for the sound and
efficient management of
the Community contribution. To
that end, they shall adopt the provisions necessary to:

(a) ensure that the activities financed by the Community are
actually carried out and that they are carried out in the
proper manner, ensuring the visibility of the contribution
of the Community,

(b) prevent any irregularity,

Article 16

1.
Each Member State shall draw up, in particular on the
basis of the activities set out in Article 4(1), a report on the
national situation regarding forest ecosystems conditions.

The report shall be transmitted to the Commission no later
than 31 December every third year starting from 2005.

(c) recover payments lost as a result of any irregularity or

negligence,

2.
Each Member State participating in the activities set out
in Article 5(1) and (2) shall draw up a report on the national
situation regarding the impacts of fires on forest ecosystems.

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The report shall be transmitted to the Commission no later
than 31 December each year, starting from 2003.

Parliament and the Council
scheme (mid-term review).

together with a review of

the

3.
Each Member State shall draw up a report on the national
situation regarding matters dealt with by monitoring activities
referred to in Article 6(3).

The reporting period shall be laid down in accordance with the
procedure referred to in Article 17(2).

Article 19

Before the expiry of the period referred to in Article 12(1), the
Commission shall submit to the European Parliament and to
the Council a report on the implementation of the scheme,
taking into account the review referred to in Article 18.

Article 17

Article 20

The Standing Forestry Committee set up by Council

1.
Decision 89/367/EEC shall assist the Commission.

This scheme shall be open to participation of:

2. Where reference is made to the present paragraph,
Articles 4 and 7 of Decision 1999/468/EC shall apply,
having regard to the provisions of Article 8 thereof.

The period provided for in Article 4(3) of Decision

3.
1999/468/EC shall be set at two months.

(a) the candidate countries of Central and Eastern Europe
(CEECs), in accordance with the conditions established in
the Europe Agreements, in their additional protocols, and
in the decisions of the respective Association Councils;

(b) Cyprus, Malta and Turkey on the basis of bilateral

agreements to be concluded with these countries.

Reporting by the Commission, Review, Candidate
Countries

Article 21

Article 18

This regulation shall enter into force on the third day after its
publication in the Official Journal of the European Communities.

the
Six months from the date set
reports referred to in Article 16(1) and taking into account
all reports transmitted pursuant to Article 16, the Commission
assisted by the European Environment Agency, shall submit a
report on the implementation of the scheme to the European

for the transmission of

It shall apply from 1 January 2003.

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