Regulation (EC) No 2152/2003 of the European Parliament and of the Council of 17 November 2003 concerning monitoring of forests and environmental interactions in the Community (Forest Focus)
Date: 2003-11-17
Institutions: Council of the European Union, European Parliament
Subjects: EU action, EU environmental policy, environmental monitoring, forest conservation

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(Acts whose publication is obligatory)

REGULATION (EC) No 2152/2003 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 17 November 2003

concerning monitoring of forests and environmental interactions in the Community (Forest Focus)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(3)

Having regard to the Treaty establishing the European Com-
munity, 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:

(1)

(2)

Forests have an important multifunctional
role for
society. Apart from their significant role in the develop-
ment of rural areas, forests have a major value for nature
conservation, play an important role in preserving the
environment, are key elements of the carbon cycle and
significant carbon sinks and represent a critical control-
ling factor of the hydrological cycle.

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

(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 (OJ C 233 E, 30.9.2003, p. 1), position of the European
Parliament of 21 October 2003 (not yet published in the Official
Journal) and Council decision of 6 November 2003.

The Communication from the Commission to the Euro-
pean 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, in 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 all the potential impacts on forest
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.

(4)

(5)

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, implementa-
tion and evaluation of environmental 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 Biodi-
versity and other forums.

The Community and the Member States are committed
to implementing internationally agreed activities relating
to the conservation and protection of forests, in particu-
lar, the proposals for actions of the intergovernmental
panel and Forum on Forests,
the expanded work
programme on forest biological diversity of the Conven-
tion on Biological Diversity, as well as the United
Nations Framework 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)

(7)

(8)

(9)

(10)

(11)

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).

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’.

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

Measures under the scheme concerning forest fire moni-
toring should complement those measures which are
undertaken, in particular, pursuant to Council Decision
1999/847/EC of 9 December 1999 establishing a Com-
munity action programme in the field of civil protec-
tion (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 infor-
mation and communication system (EFICS) (5).

The scheme should encourage the exchange of informa-
tion on the condition of and harmful
influences on
forests in the Community and enable the evaluation of
ongoing measures to promote conservation and protec-
tion of forests for the benefit of sustainable development,
with particular emphasis on actions taken to reduce
impacts negatively affecting forests.

The protection of forest from fires is a matter of particu-
lar importance and urgency in order, inter alia, to fight
against desertification and to avoid their negative effects
on climate change. It is crucial to avoid any interruption
of the actions put in place by Member States in accord-
ance with the expired Regulation (EEC) No 2158/92.
Therefore,
this Regulation should cover preventive
measures that are not supported by Regulation (EC) No
1257/99 and not included in national or regional rural
development programmes.

(12)

In order to promote a comprehensive understanding of
the relationship between forests and the environment,
the scheme should also include monitoring of other

(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).

important factors such as biodiversity, carbon sequestra-
tion, 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 achieve-
ments made pursuant to Regulations (EEC) No 3528/86
and (EEC) No 2158/92. It should provide for appro-
priate, cost-efficient monitoring of forests and environ-
mental interactions.

(13)

The Member States
the scheme
through national programmes to be approved by the
Commission following a procedure to be set up.

should implement

(14)

(15)

(16)

(17)

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

The monitoring of forests and environmental
interac-
tions can only provide reliable and comparable informa-
tion to protect forests in the Community if data are
collected on the basis of harmonised methods. Such
comparable information at Community level would
contribute towards the establishment of a platform
containing spatial data deriving from various sources of
common environmental information systems. It is there-
fore appropriate 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 hand-
ling.

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
relevant
conventions and protocols, consistently with their provi-
sions. If problems of inconsistency arise, the Commis-
sion should take any possible action with a view to
reaching a positive solution.

reporting commitments under

the

in

particular,

The Commission and the Member States should coop-
erate with other international bodies in the field of forest
monitoring at an international or pan-European level,
and,
cooperative
programme on assessment and monitoring of air pollu-
tion effects on forests (hereinafter referred to as ‘ICP
Forests’), in order to promote conservation and protec-
tion of forests for the benefit of sustainable develop-
ment.

international

the

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

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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
Interinstitutional Agreement of 6 May 1999 between the
European Parliament, the Council and the Commission
the
on budgetary discipline
budgetary procedure (1),
the budgetary authority
during the annual budgetary procedure.

and improvement of

for

(27)

Since the objectives of the proposed action, namely the
monitoring of forests, their condition and environment
interactions, cannot 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 proportionality, as set out in that Article,
this Regulation does not go beyond what is necessary in
order to achieve those objectives.

It is appropriate to determine the volume of the Com-
munity contribution to activities financed under the
scheme.

(28)

(18)

(19)

(20)

The Europe Agreements between the European Commu-
nities and their Member States, of the one part, and the
candidate countries of central and eastern Europe, of the
other part, provide for participation of these countries in
Community programmes, in particular in the field of the
environment. The scheme should also be open to partici-
pation by other European countries.

(29)

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 Regu-
lation to apply from 1 January 2003,

In order to ensure the continuity of monitoring activities
there is a need exceptionally to allow expenditure
incurred by a Member State to be eligible for co-finan-
cing if it relates to actions that were launched after 1
January 2003 and before the entry into force of this
Regulation, provided that these actions have not been
completed when the Commission approves the related
national programme.

(21) Member States should designate the authorities and
agencies responsible for the handling and forwarding of
data and for the administration of
the Community
contribution.

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

HAVE ADOPTED THIS REGULATION:

SECTION 1

(23)

(24)

(25)

(26)

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 envir-
onmental information.

The measures of general scope necessary for the imple-
mentation 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 Commis-
sion (2).

the
The Standing Forestry Committee should assist
Commission by use of
the regulatory procedure in
accordance with the criteria set out in Article 2(b) of that
Decision.

It is important to keep the scheme under review and
assess its effectiveness, in order to identify needs to be
addressed. The Commission should report to the Euro-
pean Parliament and to the Council on the implementa-
tion of the scheme, in particular in view of its continua-
tion beyond the implementation period fixed in this
Regulation.

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

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:

— 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
anthropogenic origin,

— monitoring of forest fires and their causes and effects,

— forest fire prevention;

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

(c) continuously evaluate the efficiency of

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

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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
forests for the benefit of sustainable development, with particu-
lar emphasis on actions taken to reduce impacts negatively
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.

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

In France, the scheme shall not be applicable to the over-

3.
seas departments.

growth 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
and all plantations established for 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 intervention or natural
causes but which are expected to revert to forest. The defi-
nition 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 environ-
interest;
mental, scientific, historical, cultural or spiritual
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 stands are included. However, the
definition of ‘forest’ excludes: land predominantly used for
agricultural practices;

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 for risk assess-
ment concerning multiple stresses on forests over time and
space.

The actions set out in paragraph 1 shall be complemen-

2.
tary to Community research programmes.

Article 3

For the purposes 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 height
of 5 m at maturity in situ. It may consist either of closed
forest formations where trees of various storeys and under-

(b) ‘other wooded land’ means land either with a tree crown
cover (or equivalent stocking level) of 5 to 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 prac-
tices;

(c) ‘other land’ means land not classified as forest or other
wooded land as defined in this Regulation, but which none-
fire statistics under
theless has been included in forest
national law. Such land may include heathland, 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 defi-
nition of
fire’ excludes: prescribed or controlled
burning, usually with the aim of reducing or eliminating
the quantity of accumulated fuel on the ground;

‘forest

(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 gath-
ered data/information.

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SECTION 2

Monitoring and tools to improve and develop the scheme

Article 4

Building on the achievements of Regulation (EEC) No

1.
3528/86, the scheme shall:

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

(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

Building on the achievements of Regulation (EEC) No
1.
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 in accordance with Decision 1999/847/EC, Regu-
lation (EC) No 1257/1999 and Regulation (EEC) No 1615/89.

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

3.
Forest fire prevention measures which were eligible under
Regulation (EEC) No 2158/92 shall be financed in accordance
with Articles 12(2)b and 13(1), provided that they are not
supported by Regulation (EC) No 1257/1999 and that they are
not
rural development
programmes.

included in the national/regional

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

5.
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

and establishment of new monitoring activities. The Commis-
sion shall, in cooperation with the Member States, develop the
scheme, in particular to:

(a) enhance the knowledge of the condition of forests and
other wooded land as well as the relationship between their
condition and natural and anthropogenic stress factors;

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

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

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, demonstra-
tion projects or a monitoring test phase.

The measures set out in paragraphs 1 and 2 shall help to
3.
identify options for the establishment of new monitoring activ-
ities under the scheme, which should 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 review referred to in Article
18. When developing the scheme, the Commission shall take
account of scientific as well as financial needs and restrictions.

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

Article 7

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
Commission,
in close cooperation with the Member States,
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;

(c) improve the quality of data and information gathered under

the scheme.

2.
For the realisation of the objectives set out in Article
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.

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

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

Article 8

The activities provided for in Articles 4, 5, 6(2) and (3)
1.
and 7(2) shall be implemented under national programmes, to
be drawn up by the Member States for periods of two years.

The national programmes shall be submitted to the
2.
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 three-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.

4.
The national programmes shall be accompanied by an ex
ante evaluation when they are submitted to the Commission.
The Member States shall also carry out mid-term evaluations at
the end of the third year of the period indicated in Article 12
and ex post evaluations at the end of that period.

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
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.

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

6.
Detailed rules for the implementation of paragraph 3
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.

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

Article 11

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

In the context of Article 4, the Commission shall collabo-
2.
rate with ICP Forests to meet obligations set out in the frame-
work of the Convention on Long-range Transboundary Air
Pollution.

3.
For the purpose of the cooperation referred to in para-
graphs 1 and 2, the Community may support the following
activities:

(a) establishment of appropriate links to the scientific coordi-

nation body;

Article 9

(b) studies and data evaluations.

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 of the collected data and information at Community
level in accordance with Article 15.

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

Article 12

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

1.
January 2003 to 31 December 2006.

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:

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

(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 %;

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(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.
Expenditure incurred by Member States in carrying out
national programmes approved by the Commission shall excep-
those actions were
tionally be eligible for co-financing if
launched after 1 January 2003 and before the date of entry into
force of
this Regulation, provided these actions are not
complete when the Commission decides upon the national
programmes.

5.
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.

6.
The Community may provide a contribution to the Euro-
pean Environmental Agency for the fulfilment of the tasks set
out in Articles 9(5) and 18.

The Commission may finance activities of the scientific
7.
advisory group referred to in Article 9(3) for the fulfilment of
the tasks set out in the detailed rules.

The Community may provide a contribution to ICP
8.
Forests in order to meet the Community's obligations set out in
Article 11(2).

Article 13

1.
The financial framework for the implementation of the
scheme for the period 2003 to 2006 shall be EUR 61 million,
of which EUR 9 million can be used for fire prevention
measures.

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

3.
The annual appropriations shall be authorised by the
budgetary authority within the annual budgetary procedure and
the limits of the financial perspective.

SECTION 5

Execution, reporting by Member States, Standing Forestry
Committee

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 capa-
city of
those bodies. Those bodies may be either national
administrations or other entities, subject to the Commission's
approval of private entities with a public service mission
providing adequate financial guarantees and complying with
the conditions provided for in the detailed rules for the imple-
mentation of this paragraph.

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 effi-
cient 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;

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

proper internal management and control systems;

(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
Commission considers appropriate for the purposes of mana-
ging Community financing. Member States shall
inform the
Commission of any arrangements made to this end.

5.
Detailed rules for the implementation of paragraphs 1 to
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 computer telecommunications and/or
electronic technology. The Commission shall, in close coopera-
tion with the Member States, establish the format and particu-
lars needed for such transmission.

2.
The Member States shall actively disseminate the data
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.

3.
In order to promote the evaluation of the data and to
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
shall not be restricted. In any such dissemination of data gath-
ered from Member States, the Member States must be accre-
dited as the source.

L 324/8

EN

Official Journal of the European Union

11.12.2003

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 report shall be transmitted to the Commission no later
than 31 December 2005.

2.
Each Member State participating in the activities set out
in Article 5 shall draw up a report on the national situation
regarding the impact of fires on forests.

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

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

The Commission shall be assisted by the Standing

1.
Forestry Committee.

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.

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
Parliament and to the Council, reviewing the effectiveness of
the scheme in order to provide a basis for any decisions on the
continuation of these activities after 2006. To this end, the
Commission is invited to present a proposal.

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 20

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 deci-
sions of the respective association councils;

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

ments to be concluded with these countries;

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

Article 21

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

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

3.

The Committee shall adopt its Rules of Procedure.

It shall apply from 1 January 2003.

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

Done at Brussels, 17 November 2003.

For the European Parliament

The President

P. COX

For the Council

The President

G. ALEMANNO