Common Position (EC) No 46/2003 of 13 June 2003 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 concerning monitoring of forests and environmental interactions in the Community (Forest Focus)
Date: 2003-06-13
Institutions: Council of the European Union
Subjects: EU environmental policy, environmental monitoring, forest conservation

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I

(Information)

COUNCIL

COMMON POSITION (EC) No 46/2003

adopted by the Council on 13 June 2003

with a view to adopting Regulation (EC) No . . ./2003 of the European Parliament and of the
in the
Council of

. . . concerning monitoring of

forests and environmental

interactions

Community (Forest Focus)

(2003/C 233 E/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Most natural and anthropogenic factors affecting forests
can have cross-border effects.

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

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

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

Having regard to the opinion of
Regions (3),

the Committee of

the

Acting in accordance with the procedure laid down in Article
251 of the Treaty (4),

Whereas:

(3) The Communication from the Commission to the
European Parliament and the Council on a Forestry
Strategy for the European Union stressed the need to
protect the natural environment and the forest heritage,
to manage forests sustainably, and to support international
and pan-European cooperation concerning the protection
of forests, making reference to forest monitoring and the
promotion of forests as carbon sinks. The Council by its
Resolution of 15 December 1998 on a forestry strategy
for the European Union (5) called upon the Commission to
evaluate and improve continuously the effectiveness of the
European monitoring system of forest health and to take
into account
impacts on forest
the potential
ecosystems. It also called upon the Commission to pay
special attention to the development of the Community
Forest Fire Information System, which enables the effec-
tiveness of the protection measures against fires to be
better assessed.

all

(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) The condition of

factors

forests can be seriously affected by
natural
conditions,
attacks from parasites and diseases, or human influences
fires and air pollution. Such
such as climate change,
threats can seriously distort and even destroy forests.

such as extreme weather

(1) OJ C 20 E, 28.1.2003, p. 67.
(2) OJ C 85, 8.4.2003, p. 83.
(3) OJ C 128, 29.5.2003, p. 41.
(4) Opinion of the European Parliament of 13 February 2003 (not yet
published in the Official Journal), Council Common Position of 13
June 2003 and Decision of the European Parliament of . . . (not yet
published in the Official Journal).

evaluation

(4) Decision No 1600/2002/EC of the European Parliament
and of the Council of 22 July 2002 laying down the
Sixth Community Environment Action Programme (6)
identifies the need to base the drawing up, implementation
a
and
on
knowledge-based approach and,
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 Biodi-
versity and other fora.

policies
in particular,

environmental

of

(5) The Community and the Member States are committed to
implementing internationally agreed activities relating to
the conservation and protection of forests, in particular,
the Proposals for Actions of the Intergovernmental Panel
and Forum on Forests, the Expanded Work Programme on
Forest Biological Diversity of the Convention on Biological
the United Nations Framework
Diversity, as well as
Convention on Climate Change and the Kyoto Protocol.

(5) OJ C 56, 26.2.1999, p. 1.
(6) OJ L 242, 10.9.2002, p. 1.

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(6) The Community has already addressed two of the causes
adversely affecting forest ecosystem conditions by means
of Council Regulation (EEC) No 3528/86 of 17 November
1986 on the protection of the Community's forests against
atmospheric pollution (1) and Council Regulation (EEC)
No 2158/92 of 23 July 1992 on protection of
the
Community's forests against fire (2).

scheme should also include monitoring of other important
factors such as biodiversity, carbon sequestration, climate
change, soils and the protective function of forests. The
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 Regulations
(EEC) No 3528/86 and (EEC) No
2158/92. It should provide for appropriate, cost efficient
monitoring of forests and environmental interactions.

(7) Both Regulations expired 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’.

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

(8) The scheme should be reconciled with existing national,
European and international systems, having due regard for
forests,
the Community's competence in respect of
in
and without
strategy
accordance with its
prejudice to the principle of subsidiarity.

forestry

(13) The Commission, in cooperation with the Member States,
should ensure the coordination, monitoring and devel-
opment of the scheme and report on it, in particular to
the Standing Forestry Committee set up by Council
Decision 89/367/EEC (6).

(9) Measures under the scheme concerning forest fire moni-
those measures which are
toring should complement
under Council Decision
undertaken,
particular,
in
1999/847/EC of 9 December 1999 establishing
a
Community action programme in the field of civil
protection (3), Council Regulation (EC) No 1257/1999 of
17 May 1999 on support for rural development from the
European Agricultural Guidance and Guarantee Fund
(EAGGF) (4) and Council Regulation (EEC) No 1615/89
of 29 May 1989 establishing a European Forestry
Information and Communication System (EFICS) (5).

(14) 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
contribute
information at Community
towards
establishment of a platform containing
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 the condition of forests, the format of
the data and rules for data handling.

level would

the

(10) The

the

should

scheme

exchange

encourage

of
information on the condition of and harmful
influences
on forests in the Community and enable the evaluation of
ongoing measures to promote conservation and protection
of forests for the benefit of sustainable development, with
particular emphasis on actions taken to reduce impacts
negatively affecting forests.

(15) The Commission should use the data collected under this
scheme in relation to carbon sequestration, climate change
and impact on biodiversity in order to contribute to the
reporting commitments under the relevant conventions
and protocols,
If
problems of inconsistency arise, the Commission should
take any possible action with a view to reaching a positive
solution.

consistently with their provisions.

(11) In order to promote a comprehensive understanding of the
the
relationship between forests and the environment,

(1) OJ L 326, 21.11.1986, p. 2. Regulation as last amended by Regu-

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

(2) OJ L 217, 31.7.1992, p. 3. Regulation as last amended by Regu-

lation (EC) No 805/2002 (OJ L 132, 17.5.2002, p. 3).

(3) OJ L 327, 21.12.1999, p. 53.
(4) OJ L 160, 26.6.1999, p. 80.
(5) OJ L 165, 15.6.1989, p. 12. Regulation as last amended by Regu-

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

(16) The Commission and the Member States should cooperate
with other international bodies in the field of forest moni-
toring at an international or pan-European level, and, in
particular,
the International Cooperative Programme on
Assessment and Monitoring of Air Pollution Effects on
Forests (hereinafter referred to as ‘ICP Forests’), in order
to promote conservation and protection of forests for the
benefit of sustainable development.

(6) OJ L 165, 15.6.1989, p. 14.

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(17) This Regulation 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
the Council and the Commission
European Parliament,
on budgetary
the
budgetary procedure (1),
the budgetary authority
during the annual budgetary procedure.

improvement of

discipline

and

for

(18) It

is appropriate

the
Community contribution to activities financed under the
scheme.

the volume of

to determine

(19) Member States

should designate the authorities and
agencies responsible for the handling and forwarding of
data and for
the Community
the administration of
contribution.

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

(21) The data should be disseminated taking into account the
UN/ECE 1998 Convention on access
to information,
public participation in decision-making and access to
justice in environmental matters
(Aarhus Convention)
and relevant Community provisions on access to environ-
mental information.

(22) The measures of general

scope necessary

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 on the Commission (2).

for

(23) The Standing Forestry Committee

the
Commission by use of
the regulatory procedure in
accordance with the criteria set out in Article 2(b) of
that Decision.

should assist

(24) It is important to keep the scheme under review and assess
its effectiveness, in order to identify needs to be addressed.
The Commission should
European
Parliament and to the Council on the implementation of
the scheme,
its continuation
beyond the implementation period fixed in this Regu-
lation.

in particular in view of

report

the

to

does not go beyond what is necessary in order to achieve
those objectives.

(26) The

the

between

Europe Agreements

European
Communities and their Member States, of the one part,
and the candidate countries of Central and Eastern Europe,
of
these
countries in Community programmes,
in particular in
the field of the environment. The scheme should also be
open to participation by other European countries.

the other part, provide for participation of

(27) 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 discontinuity it is appropriate for this Regulation to
apply from 1 January 2003,

HAVE ADOPTED THIS REGULATION:

SECTION 1

Objectives, Content and Definitions

Article 1

A Community scheme for broad-based, harmonised and
1.
comprehensive,
the condition of
forests, (hereinafter referred to as ‘the scheme’) is hereby estab-
lished to:

long-term monitoring of

(a) continue and further develop the monitoring of:

— air pollution and air pollution effects and of other
agents and factors that have an impact on forests,
such as biotic and abiotic factors and factors of anthro-
pogenic origin;

— forest fires and their causes and effects;

(b) assess the requirements for and develop the monitoring of
soils, carbon sequestration, climate change effects, biodi-
versity as well as protective functions of forests;

(c) continuously evaluate the efficiency of

activities in the assessment of
and the further development of monitoring activity.

the condition of

the monitoring
forests

cannot be

(25) Since the objectives of the proposed action, namely the
monitoring of forests, their condition and environment
interactions,
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
proportionality, as set out in that Article, this Regulation

(1) OJ C 172, 18.6.1999, p. 1.
(2) OJ L 184, 17.7.1999, p. 23.

The scheme shall provide reliable and comparable data and
information on the condition of and harmful
influences on
forests at Community level.
It shall also help to evaluate
ongoing measures to promote conservation and protection of
sustainable development, with
forests
particular emphasis on actions taken to reduce impacts nega-
tively affecting forests. The scheme will take account of, and
where appropriate link to, existing and planned national,
European and global monitoring mechanisms and will be in
line with relevant international agreements.

the benefit of

for

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2. Where reference is made to forests in this Regulation,
Member States may include other wooded land. Where
reference is made to forests in the context of forest fires in
this Regulation, Member States may in addition include other
land.

3.
In France,
overseas departments.

the scheme shall not be applicable to the

Article 2

1.

The scheme shall provide for actions designed to:

(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 forests and, in particular, the

impact of natural and anthropogenic stresses;

(f) study the dynamics of forest fires and their causes and

impacts on forests;

(g) develop indicators as well as methodologies

risk
assessment concerning multiple stresses on forests over
time and space.

for

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 definitions
shall apply:

(a)

‘Forest’ means land with tree crown cover (or equivalent
stocking level) of more than 10 % and area of more than
0,5 ha. The trees should be able to reach a minimum

for

and

established

all plantations

height of 5 m at maturity in situ. It may consist either 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 %. Young natural
stands
forestry
purposes which have yet
to reach a crown density of
10 % 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 inter-
vention or natural causes but which are expected to
revert to forest. The definition of ‘forest’
includes: forest
nurseries and seed orchards that constitute an integral
part of the forest; forest roads, cleared tracts, firebreaks
and other small open areas within the forest; forest in
national parks, nature reserves and other protected areas
such as those of special environmental, scientific, historical,
cultural or spiritual interest; windbreaks and shelterbelts of
trees with an area of more than 0,5 ha and a width of
more than 20 m. Rubberwood plantations and cork oak
‘forest’
stands are included. However,
excludes:
agricultural
predominantly
practices.

the definition of

used

land

for

(b) ‘Other wooded land’ means land either with a tree crown
cover (or equivalent stocking level) of 5-10 % of trees able
to reach a height of 5 m at maturity in situ; or a crown
cover (or equivalent stocking level) of more than 10 % of
trees not able to reach a height of 5 m at maturity in situ
(e.g. dwarf or stunted trees) and shrub or bush cover. The
definition of ‘other wooded land’ excludes: areas having the
tree, shrub or bush cover specified above but of less than
0,5 ha and width of 20 m, which are classed under ‘other
land’; land predominantly used for agricultural practices.

(c)

‘Other land’ means land not classified as forest or other
wooded land as defined in this Regulation, but which
nonetheless has been included in forest
fire statistics
law. Such land may include heathland,
under national
waste land or agricultural
land adjoining or enclosed by
forest land.

(d) ‘Forest fire’ means fire which breaks out and spreads on
forest and other wooded land or which breaks out on other
land and spreads to forest and other wooded land. The
definition of ‘forest fire’ excludes: prescribed or controlled
burning, usually with the aim of reducing or eliminating
the quantity of accumulated fuel on the ground.

(e)

‘Geo-referenced’ means a reference to a specific geographic
area within which data or other information is gathered.
The area referred to may be larger than the area or point
from which the data/information is gathered, for example
in order to ensure anonymity as regards the source of
gathered data/information.

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SECTION 2

Monitoring and tools to improve and develop the scheme

their condition and natural and anthropogenic stress
factors;

Article 4

Building on the achievements of Regulation (EEC) No

1.
3528/86, the scheme shall:

(b) assess impacts of climate change on forests and other
including impacts on their biological
wooded land,
diversity, and their relationship with carbon sequestration
and soil;

(a) continue and further develop the systematic network of
observation points in order to conduct periodic inventories
in order
representative information on the
to gather
condition of forests;

(c)

taking into account the relevant existing indicators, identify
key structural and functional ecosystem elements to be
used as
for assessing status and trends of
biological diversity in forests and the protective functions
of forests.

indicators

(b) continue and further develop the network of observation
plots, on which intensive and continuous monitoring of
forests is carried out.

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

Article 5

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

The scheme shall allow Member States to conduct studies
2.
on the identification of the causes and dynamics of forest fires,
as well as on their impacts on forests. Those studies shall
complement activities and measures relating to forest
fires
undertaken under Decision 1999/847/EC, Regulation (EC) No
1257/1999 and Regulation (EEC) No 1615/89.

2.
In parallel with the measures set out in paragraph 1, the
Member States may, at the request of the Commission or on
their own initiative, carry out studies, experiments, demon-
stration projects or a monitoring test phase.

the

under

scheme, which

3.
The measures set out in paragraphs 1 and 2 shall help to
identify options for the establishment of new monitoring
activities
contribute
substantially to the information and monitoring needs within
the fields listed under Article 1(1)(b). The implementation of
these activities shall be considered as part of the mid-term
review referred to in Article 18. When developing the
scheme, the Commission shall take account of scientific as
well as financial needs and restrictions.

should

Detailed rules for the implementation of paragraphs 1, 2
4.
and 3,
including decisions on the implementation of new
monitoring activities, shall be laid down in accordance with
the procedure referred to in Article 17(2).

Article 7

In addition and up to 31 December 2005, awareness-raising
training for agents involved in fire
campaigns and special
financed separately in
prevention interventions
accordance with Article 13(1), unless
such measures are
included in the rural development programmes.

shall be

1.
For the realisation of the objectives set out in Article
1(1)c and in addition to the actions set out in Article 6, the
in close cooperation with the Member States,
Commission,
shall conduct studies, experiments and demonstration projects
in order to:

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

(a) promote harmonised collection, handling and assessment of

data at Community level;

4.
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).

Article 6

1.
For the realisation of the objectives set out in Article
1(1)(b) the scheme shall be developed by means of studies,
experiments, demonstration projects, testing on a pilot basis
and
The
establishment
in cooperation with the Member States,
Commission shall,
develop the scheme, in particular to:

new monitoring

activities.

of

(b) improve data evaluation at Community level;

(c)

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

For the realisation of the objectives set out in Article
2.
1(1)c and in addition to the actions set out
in Article 6,
Member States may integrate in their national programmes
studies, experiments and demonstration projects in the areas
described under paragraph 1.

(a) enhance the knowledge of the condition of forests and
other wooded land as well as the relationship between

3.
Detailed rules for the implementation of paragraph 1
shall be laid down in accordance with the procedure referred
to in Article 17(2).

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SECTION 3

National Programmes, Coordination and Cooperation

contract research institutes and experts, taking full account of
the range of different forest ecosystems in the Community.

Article 8

1.
The activities provided for in Articles 4, 5, 6(2) and (3)
and 7(2) 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 60 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
with the approval of the Commission, in particular in order
to allow for the extension of the monitoring activity, developed
in accordance with Article 6, when established.

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 indicated in Article 12 and ex-post evaluations at the
end of that period.

shall
the third year of

submitted

are

to

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.

Detailed rules for the implementation of paragraphs 1 to
6.
5 shall be laid down in accordance with the procedure referred
to in Article 17(2), taking into account national, European and
international monitoring mechanisms in order to avoid any
additional administrative burden.

Article 9

The Commission, in cooperation with the Member States,
1.
shall coordinate, monitor and develop the scheme and shall
report on it, in particular to the Standing Forestry Committee.

The Commission, in cooperation with the Member States,
2.
shall assess data at Community level and shall ensure the
evaluation
information at
Community level in accordance with Article 15.

collected

data

and

the

of

To fulfil its reporting tasks laid down in paragraph 1 the
5.
Commission shall be assisted by the European Environmental
Agency.

Detailed rules for the implementation of paragraph 3
6.
shall be laid down in accordance with the procedure referred
to in Article 17(2).

Article 10

1.
To harmonise the activities referred to in Articles 4, 5
and 6(3) and to ensure the comparability of data, manuals shall
specify mandatory and optional parameters and lay down the
monitoring methods as well as the data formats to be used for
data transmission. Manuals should build on existing systems
where available and appropriate.

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

Article 11

In the context of the objectives set out in Article 1, the
1.
Commission and the Member States shall cooperate and foster
synergies with
or
an
pan-European level
in order to promote conservation and
protection of forests for the benefit of sustainable development.

international

bodies

other

at

In the context of Article 4,

2.
the Commission shall
collaborate with ICP Forests to meet obligations set out in
the Convention on Long-range Trans-
the framework of
boundary Air Pollution.

For

the purpose of

3.
paragraphs 1 and 2,
following activities:

the cooperation referred to in
the

the Community may support

(a) establishment of appropriate links to the Scientific Coor-

dination Body;

(b) studies and data evaluations.

3.
The Commission shall establish a Scientific Advisory
Group which shall assist the Standing Forestry Committee in
preparing its work,
in particular to develop the scheme as
referred to in Article 6.

SECTION 4

Period of execution and financial aspects

4.
To fulfil the tasks laid down in paragraphs 1 and 2, the
Commission shall establish a Scientific Coordination Body
within the Joint Research Centre, and may consult and

Article 12

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

1.
January 2003 to 31 December 2008.

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

administrations or other entities, subject to the Commission's
approval of private entities.

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

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

(c) Activities to be carried out under Article 6(2): 75 %;

(d) Activities to be carried out under Article 6(3): 50 %;

(e) Activities to be carried out under Article 7(2): 50 %.

The Commission shall pay the Community contribution

3.
to the eligible costs to the Member States.

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

2. Without prejudice to the existing competent authorities,
Member States shall designate the authorities and agencies
empowered to carry out the measures adopted in accordance
with this Regulation.

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;

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

negligence;

The Community may provide a contribution to the
the

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

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

proper internal management and control systems;

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

Article 13

The financial framework for the implementation of the
1.
scheme for the period 2003-2006 is hereby set at EUR 52
million.
In addition to this amount, the financial resources
for the measures mentioned in Article 5(2), third sentence,
shall
the period
shall be allocated in
2007-2008 the financial
accordance with the new financial perspectives.

EUR 0,5 million per

resources

year.

For

be

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

The annual appropriations shall be authorised by the
financial

authority within the

limits of

the

3.
budgetary
perspective.

SECTION 5

Execution, reporting by Member States, Standing Forestry
Committee

(e) ensure that, if the bodies mentioned in paragraph 1 are not
public entities, Member States stand guarantee for them.

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 any arrangements made to this end.

for

Detailed rules for the implementation of paragraphs 1 to
5.
4 shall be laid down in accordance with the procedure referred
to in Article 17(2).

Article 15

1.
The Member States shall annually, through the designated
authorities and agencies, forward to the Commission the data
gathered under the scheme, together with a report on them.

The data shall be geo-referenced and transmitted to the
Commission by means of
telecommunications
and/or electronic technology. The Commission shall, in close
cooperation with the Member States, establish the format and
particulars needed for such transmission.

computer

Article 14

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 may be either national

The Member States shall actively disseminate the data
2.
gathered, on the basis of common formats and standards and
through electronic geo-referenced databases, which will be
administered in accordance with the principles of the Aarhus
Convention and relevant Community provisions on access to
environmental information.

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In order to promote the evaluation of the data and to
3.
obtain the highest added value from the use of the data, the
Commission's right to use and disseminate data in accordance
with the principles of the Aarhus Convention and relevant
Community provisions on access to environmental information
In any such dissemination of data
shall not be restricted.
gathered from Member States,
the Member States must be
accredited as source.

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

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 condition of forests.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at two months.

3.

The Committee shall adopt its Rules of Procedure.

SECTION 6

Reporting by the Commission, Review, Candidate
Countries

Article 18

for the transmission of

Six months from the date set
the
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
the
Parliament and the Council
scheme (mid-term review).

together with a review of

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

Article 19

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 forests.

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.

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

Article 20

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

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

Article 17

This scheme shall be open to participation by:

(a) the candidate countries of Central and Eastern Europe, 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;

(c) other European countries, optionally, at their own expense.

The Commission shall be assisted by the Standing

1.
Forestry Committee.

Article 21

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.

This Regulation shall enter into force on the day of its publi-
cation in the Official Journal of the European Union.

It shall apply from 1 January 2003.

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. On 16 July 2002, the Commission submitted to the Council its proposal for a Regulation of the
European Parliament and of the Council concerning monitoring of forests and environmental inter-
actions in the Community (Forest focus).

2. The Economic and Social Committee delivered its Opinion on 12 December 2002.

3. The Committee of the Regions delivered its Opinion on 12 February 2003.

4. The European Parliament adopted its Opinion at first reading on 13 February 2003.

5. On 13th June 2003, the Council adopted its common position in accordance with Article 251(2) of

the Treaty.

II. OBJECTIVE

The purpose of this proposal for a European Parliament and Council regulation is the establishment of
a new Community scheme on monitoring of forests and environmental interactions to protect the
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 abovementioned 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.

III. ANALYSIS OF THE COMMON POSITION

1. General

The common position is substantially in accordance with the positions taken by the Commission
and the Parliament, insofar as it:

— confirms all the objectives and essential elements of the Commission's proposal which were also
supported by the European Parliament. However, the Commission cannot support the changes
the Council and the Parliament made on comitology and on the inclusion of
fire
prevention measures and the corresponding budget increase;

forest

— takes the greatest possible account of the opinion of the European Parliament by taking on, in

letter or in spirit, a great number of its amendments.

2. European Parliament Amendments

In its Plenary vote on 13 February 2003, the EP at first reading adopted 46 amendments to the
proposal. The common position incorporates (totally, in part or in principle, by means of identical
or similar wording, or in spirit) 29 amendments.

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

pollution.

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

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(a) The amendments that have been incorporated can be grouped as follows

(the amendments are listed below in order of their inclusion in the common position)

13 amendments accepted literally: 18, 19, 20, 24, 25, 26, 32, 33, 48, 36, 40, 49, 43.

16 amendments accepted in part or in spirit.

R e c i t a l s

Amendment 5: addition of a reference to the Convention on Biological Diversity and the Framework
Convention on Climate Change; has been incorporated in recital 5.

Amendment 6: has been introduced with a similar wording in recital 6.

Amendment 14: the spirit of this amendment has been incorporated since recital 13 has been
adapted to the new wording of Article 9(1).

Amendment 12: the future scheme has to be in line with international commitments; has been
incorporated in recital 15.

Amendment 46: the spirit of this amendment has been taken onboard in recital 22.

A r t i c l e s

Amendment 17: several aspects of this long amendment have been taken up in Article 1.

However, the subsidiarity issue is not addressed in Article 1 but in recitals 6 and 24 and in the
various specific articles. The forest fire prevention measures are not included in this article since
they are incorporated on a temporary basis in Article 5(2) to allow Member States which have not
yet done so to include them in the rural development programmes.

Amendment 23: most aspects have been taken on board: account has been taken of the subsidiarity
issue and ‘forest ecosystems’ has been replaced by ‘forests’ to ensure consistency with the new
definitions.

Amendment 15: incorporated in Article 6(3) (mid-term review) and Article 13(1) (approval by the
budgetary authority).

Amendment 27: the spirit of this amendment has been incorporated, i.e. once the monitoring activity
of Article 6 is established Member States will have to adapt their national programmes.

Amendment 29: has been accepted by the Council with a more general reference to national,
European and international monitoring mechanisms.

Amendment 30: the subsidiarity aspects have been taken into account.

Amendment 47: has been taken on board in a Commission statement to the Council minutes.

Amendments 37 and 38: the spirit of these amendments has been taken on board as a reference to
the provisions of the Aarhus Convention and to the relevant Community provisions on confiden-
tiality is now included.

Amendment 39: corresponds to the spirit of the common position (‘when established’ – ‘once these
have been finalised’).

Amendment 42: has been incorporated in Article 6(3) second sentence.

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(b) The following amendments have not been incorporated:

1, 2, 3, 4, 7, 8, 9, 10, 11, 13, 15, 16, 21, 22, 28, 31, 35.

Amendments 1, 3, 4, 7, 8, 9, 10 and 21 relate to the forest fire prevention measures. In Article 5(2)
of the common position specific forest fire prevention measures (awareness-raising campaigns and
special training) have been included in order to allow Member States which have not yet done so to
include them in the rural development programmes by 31 December 2005.

Amendment 35 relates to the budget. The Council has decided to include the forest fire prevention
measures on a temporary basis only with an additional budget of EUR 0.5 million per year.

Other amendments were not incorporated in particular, because they go beyond the scope of the
proposal (e.g. nos 2 and 15) or because they develop unnecessary administrative details (e.g. nos 16
and 28).

IV. CONCLUSION

Despite the fact that the Council is not able to accept all the amendments adopted by the European
Parliament, it considers that the common position coincides to a large extent with the concerns of the
Parliament and is in line with the Commission's amended proposal, except on comitology, the inclusion
of forest fire prevention measures and the corresponding budget increase.