Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty on the European Parliament's amendments to the Council's Common Position regarding the position of the European Parliament adopted in second reading concerning a Regulation of the European Parliament and of the Council concerning monitoring of forests and environmental interactions in the Community (Forest Focus) amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2003-12-01
Institutions: European Commission
Subjects: EU financing, air quality, environmental monitoring, fire protection, forest conservation

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 01.12.2003
COM(2003) 738 final

2002/0164 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty
on the European Parliament's amendments
to the Council's Common Position regarding the position of the European Parliament
adopted in second reading concerning a Regulation of the European Parliament and of
the Council concerning monitoring of forests and environmental interactions in the
Community (Forest Focus)

AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the
EC Treaty

2002/0164 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty
on the European Parliament's amendments
to the Council's Common Position regarding the position of the European Parliament
adopted in second reading concerning a Regulation of the European Parliament and of
the Council concerning monitoring of forests and environmental interactions in the
Community (Forest Focus)

1.

Introduction

Article 251(2), third subparagraph, point (c) of the EC Treaty provides that the Commission is
to  deliver  an  opinion  on  the  amendments  proposed  by  the  European  Parliament  at  Second
Reading.  The  Commission  sets  out  its  opinion  below  on  the  12  amendments  proposed  by
Parliament.

2.

Background

–  Date  of  transmission  of  the  Proposal  to  the  European  Parliament  and  Council  (COM

(2002) 404 final – 2002/0164 (COD)): 15 July 2002.

–  Date  on  which  the  European  Economic  and  Social  Committee  adopted  its  opinion:  12

December 2002.

–  Date on which the Committee of the Regions adopted its opinion: 12 February 2003.

–  Date  on  which  the  European  Parliament  gave  its  opinion  at  First  Reading:  13  February

2003.

–  Date  on  which  the  Commission  gave  its  position  on  EP  amendments  at  1st  Reading:  13

February 2003.

–  Date on which the Council adopted the Common Position: 13 June 2003

–  Date  on  which  the  Commission  communicated  its  view  on  the  Common  Position  (SEC

(2003) 725 final -2002/0164 (COD)): 17 June 2003.

–  Date on which the Common  Position was  received  by  the  European  Parliament:  25  June

2003

On 21 October 2003, the European Parliament at its Second Reading adopted 12 amendments,
based on a compromise package agreed at the meeting of the Coreper on 14 October 2003 by
the majority of Member States and the Commission.

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Purpose of the Regulation

The purpose of the present 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  concerning  the  protection  of  Community’s  forests  against
atmospheric pollution1 and against fires2.

The initial proposal for Forest Focus 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.

3.

Opinion of the Commission on the amendments by the European Parliament

On 21 October 2003,  the  European Parliament adopted  12 amendments  out  of  33  that  were
tabled. The Commission can accept all amendments (n°22 to n°33) adopted as part as a global
compromise package.

Amendments accepted by the Commission

Amendments  22,  23  and  25  seek  to  incorporate  into  Forest  Focus  forest  fire  prevention
measures and thus to broaden the scope of the scheme and to allow financial support to these
measures, which are not covered by the Regulation on Rural Development or not covered by
the rural development programmes.

Amendments 24 and 27 (second part) seek to allow exceptionally retrospective co-financing
in order to ensure the continuity of monitoring activities. There is a need to allow expenditure
incurred  by  a  Member  State  to  be  eligible  for  co-financing  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.

Amendment  28  proposes  a  shorter  execution  period  2003-2006  (instead  of  2003-2008).
According to this amendments 26, 27( first part) and 32 seek for the necessary adaptations
concerning the review (“mid-term review” is replaced by “review”), a shorter period for the
national  programmes  (2  years  instead  of  4  years),  reporting  by  Member  States.  The
Commission can accept this as this proposal aims to bring Forest Focus in line with the time
horizon  of  the  financial  perspectives  and  the  Rural  Development  Regulation  (EC)  N°
1257/99.

Amendment  29  proposes  that  the  Commission  may  finance  activities  of  the  Scientific
Advisory  Group.  This  group  has  a  central  role  in  the  scheme  and  the  amendment  aims  at
further strengthening this expert group.

Amendment 30 proposes in particular an increased budget of €61m (instead of €52m+€2m in
the Common position) out of which €9m are earmarked for fire prevention measures.

1

2

Council Regulation (EEC) N° 3528/86 of 17 November 1986 on the protection of Community’s forests
against air pollution, OJ L 326, 21.11.1986, p.2.
Council  Regulation  (EEC)  N°  2158/92  of  23  July  1992  on  the  protection  of  Community’s  forests
against fire, OJ L 217, 31.07.1992, p.3.

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Amendment 31 seeks to get full compliance with the new financial regulation.

Amendment  33  proposes  a  report  by  the  Commission  to  the  European  Parliament  and  the
Council, reviewing the effectiveness of the scheme in order to provide a basis for any decision
on the continuation of these activities after 2006.

Conclusion

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out
above.

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