Opinion of the European Economic and Social Committee on the "Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1655/2000 concerning the Financial Instrument for the Environment (LIFE)" (COM(2003) 402 final — 2003/0148 (COD))
Date: 2003-09-25
Institutions: European Economic and Social Committee
Subjects: EU aid, EU financial instrument, environmental protection, use of aid

14.1.2004

EN

Official Journal of the European Union

C 10/85

APPENDIX

to the opinion of the European Economic and Social Committee

The following amendment, which received more than one quarter of the votes cast, was rejected in the course of the
discussion:

Insert a new point 4.1.4

‘Accordingly, the Committee advocates that, until the R&D target of 3 % of GDP is achieved, all public investment in
this sphere should be excluded from the calculations of public expenditure for the purposes of the Stability Pact.’

Result of the vote

For: 35, against: 39, abstentions: 3.

Opinion of the European Economic and Social Committee on the ‘Proposal for a Regulation of
the European Parliament and of the Council amending Regulation (EC) No 1655/2000 concerning
the Financial Instrument for the Environment (LIFE)’

(COM(2003) 402 final — 2003/0148 (COD))

(2004/C 10/17)

On 16 July 2003 the Council decided to consult the European Economic and Social Committee, under
Article 175(1) of the Treaty establishing the European Community, on the above-mentioned proposal.

The Bureau of the European Economic and Social Committee instructed the Section for Agriculture, Rural
Development and the Environment to prepare the Committee’s work on the subject.

At its 402nd plenary session (meeting of 25 September 2003), the European Economic and Social
Committee decided, in view of the urgency of the matter, to appoint Mr Chiriaco rapporteur-general and
adopted the following opinion by 56 votes to one with one abstention.

1. Gist of the Commission proposal

At the time of the adoption of Regulation (EC) No 1655/2000
Instrument for the Environment
concerning the Financial
(LIFE) (1), the Commission had proposed a management com-
mittee to oversee its implementation since the choice of
projects was a measure with substantial budgetary impli-
cations.

1.1.
The Council unanimously rejected the Commission
proposal regarding the committee procedure to be applied,
and specified in Article 11(2) that the regulatory procedure

provided for in Article 5 of Decision 1999/468/EC be used for
the adoption of measures implementing Regulation (EC)
No 1655/2000.

The Commission therefore brought an action before

1.2.
the Court for the annulment of the provision in question.

In its judgment of 21 January 2003 (2), the Court of
1.3.
Justice annulled Article 11(2) of Regulation (EC) No 1655/
2000, arguing that management measures relating to the

(1) OJ L 192, 28.7.2000, p. 1.

(2) Judgment of the Court of 21.1.2003, Commission v. European
Parliament and Council, Case C-378/00, not yet published in the
Court Reports.

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14.1.2004

implementation of a programme with substantial budgetary
implications within the meaning of Article 2(a) of Decision
1999/468/EC fall in principle under the management pro-
cedure defined in Article 4 of Decision 1999/468/EC or, in
some circumstances, in accordance with Article 2(c) of that
Decision, under the advisory procedure defined in Article 3
thereof.

1.4.
In accordance with the Court’s judgment, the Com-
mission is proposing a regulation to amend Regulation (EC)
No 1655/2000 as regards the committee procedure to be
followed, the effect of which will be to replace the regulatory
committee by a management committee for the adoption of
measures implementing Regulation (EC) No 1655/2000.

by a management committee for the adoption of measures
implementing Regulation (EC) No 1655/2000.

3. Specific comments

3.1. While giving its support, the Committee calls on the
Commission to ensure that the management committee works
transparently and efficiently. The Commission should also
promote the dissemination of the committee’s decisions and,
where appropriate, should organise wide-ranging consul-
tations involving representatives of civil society.

2. General comments

The Committee notes the Court’s decision and supports
2.1.
the Commission proposal to replace the regulatory committee

4.1.
The Committee welcomes the Commission proposal
to amend Regulation (EC) No 1655/2000 as regards the
committee procedure to be followed.

4. Conclusions

Brussels, 25 September 2003.

The president

of the European Economic and Social Committee

Roger BRIESCH