Common Position (EC) No 10/2006 of 27 June 2006 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 the Financial Instrument for the Environment (LIFE+)
Date: 2006-06-27
Institutions: Council of the European Union
Subjects: EU environmental policy, EU financial instrument, action programme

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I

(Information)

COUNCIL

COMMON POSITION (EC) No 10/2006

adopted by the Council on 27 June 2006

with a view to adopting Regulation (EC) No …/2006 of the European Parliament and of the
Council of … concerning the Financial Instrument for the Environment (LIFE+)

(2006/C 238 E/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

(3)

Having regard to the opinion of
Regions (2),

the Committee of

the

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3),

(4)

Whereas:

(1)

(2)

Environmental protection is one of the key objectives set
out in the declarations on the guiding principles for
sustainable development that the European Council has
adopted. It is a priority for Community co-financing and
should be funded primarily through the Community's
horizontal financial instruments, including the European
Regional Development Fund, the European Social Fund,
the Cohesion Fund, the European Agricultural Fund for
Rural Development, the Competitiveness and Innovation
Framework Programme,
the European Fisheries Fund
and the seventh Research Framework Programme.

These Community financial instruments do not cover all
environmental priorities. There is therefore a need for a
to
Financial

for the Environment

Instrument

(LIFE+)

(1) OJ C 255, 14.10.2005, p. 52.
(2) OJ C 231, 20.9.2005, p. 72.
(3) Opinion of

the European Parliament of 7 July 2005 (not yet
published in the Official Journal), Council common position of 27
June 2006 and position of the European Parliament of … (not yet
published in the Official Journal).

provide specific support
for developing and imple-
menting Community environmental policy and legisla-
tion, in particular the objectives of the Sixth Community
Environment Action Programme (6th EAP) laid down by
Decision No 1600/2002/EC of the European Parliament
and of the Council of 22 July 2002 (4).

Support should be provided through grant agreements
and public procurement contracts in accordance with
Council Regulation (EC, Euratom) No 1605/2002 of
25 June 2002 on the Financial Regulation applicable to
the general budget of the European Communities (5).

Measures and projects financed under LIFE+ should meet
eligibility criteria to secure the best possible use of Com-
munity funds. In particular, for that part of the budget
subject to delegated management, measures and projects
should meet additional eligibility criteria to ensure Euro-
pean added value and to avoid financing recurring activ-
ities, such as day-to-day operations.

(5)

In the area of nature and biodiversity, the implementa-
tion of Community policy and legislation itself provides
a framework for European added value. Best-practice or
demonstration measures and projects,
including those
relating to the management and designation of Natura
2000 sites
in accordance with Council Directive
92/43/EEC of 21 May 1992 on the conservation of
natural habitats and of wild fauna and flora (6) and
Council Directive 79/409/EEC of 2 April 1979 on the
conservation of wild birds (7), should be eligible for

(4) OJ L 242, 10.9.2002, p. 1.
(5) OJ L 248, 16.9.2002, p. 1.
(6) OJ L 206, 22.7.1992, p. 7. Directive as last amended by Regulation
(EC) No 1882/2003 of the European Parliament and of the Council
(OJ L 284, 31.10.2003, p. 1).

(7) OJ L 103, 25.4.1979, p. 1. Directive as last amended by Regulation

(EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

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(6)

(7)

(8)

(9)

(10)

Community financing under LIFE+, except where they
are eligible for funding under other Community financial
instruments.

environmental

to Community

Innovative or demonstration measures and projects
relating
objectives,
including the development or dissemination of best prac-
tice techniques, know-how or technologies, as well as
measures and projects for awareness-raising campaigns
and special training for agents involved in forest fire
prevention interventions should be eligible for Com-
munity financing under LIFE+, except where they are
eligible for funding under other Community financial
instruments.

Measures and projects for the development and imple-
mentation of Community objectives
relating to the
broad-based, harmonised, comprehensive and long-term
interactions
monitoring of
should be eligible for Community financing under LIFE+,
except where they are eligible for funding under other
Community financial instruments.

forests and environmental

The challenge of effective policy development and imple-
mentation under the 6th EAP can be met only through
support for best-practice or demonstration measures and
projects for the development or implementation of Com-
munity environmental policy; demonstration of innova-
tive policy approaches,
technologies, methods and
instruments; consolidating the knowledge base; building
fostering good governance,
implementation capacity;
promoting networking, mutual
the
exchange of best practice; and improved dissemination
of information, awareness-raising and communication.
Financial support under this Regulation should therefore
contribute to the development, implementation, moni-
toring and evaluation of environmental policy and legis-
lation, as well as its communication and dissemination
throughout the Community.

learning

and

should use the centrally managed part of
the LIFE+
budget to undertake information, publication and disse-
mination activities,
including events, exhibitions and
similar awareness-raising measures, for the preparation
and production costs of audio-visual materials, and to
obtain technical and/or administrative assistance relating
to the identification, preparation, management, moni-
toring, audit and supervision of programmes and
projects.

It

(11) Non-governmental organisations (NGOs) contribute to
the development and implementation of Community
environmental policy and legislation.
is therefore
appropriate for the centrally managed part of the LIFE+
budget to support the operations of a number of appro-
priately qualified environmental NGOs
through the
competitive and transparent awarding of annual oper-
ating grants. Such NGOs would need to be independent
and non-profit-making and to pursue activities in at least
three European countries, either alone or in the form of
an association.

(12)

The experience of current and past
instruments has
highlighted the need to plan and programme on a multi-
annual basis and to concentrate efforts to promote envir-
onmental protection by prioritising and targeting the
areas of activity able to benefit from Community co-
financing.

(13) Member States should prepare national annual work
programmes, different both from plans and programmes
which are prepared for a number of sectors and which
set a framework for future development consent and
from plans and programmes which have been deter-
mined to require assessment pursuant
to Directive
92/43/EEC, and those work programmes should not be
to
considered
Directive 2001/42/EC of the European Parliament and of
the Council of 27 June 2001 on the assessment of the
effects of certain plans and programmes on the environ-
ment (1).

programmes

subject

plans

or

LIFE+ should have three components: LIFE+ Nature and
Biodiversity, LIFE+ Environment Policy and Governance,
and LIFE+ Information and Communication. It should be
possible for measures and projects financed by LIFE+ to
contribute to the achievement of the specific objectives
of more than one of these three components and to
involve the participation of more than one Member
State, as well as to contribute to the development of stra-
tegic approaches to meeting environmental objectives.

(14)

(15)

and

policy

development

In order to carry out its role in the initiation of environ-
ment
implementation,
the Commission should use resources from LIFE+ to
complete studies and evaluations, to undertake services
with a view to the implementation and integration of
environment policy and legislation, to hold meetings,
seminars and workshops with experts and stakeholders,
to develop and maintain networks and to develop and
maintain computer systems. In addition, the Commission

Environmental protection requirements should be inte-
grated into the definition and implementation of Com-
munity policies and activities, including financial instru-
ments. LIFE+ should therefore be complementary to
other Community
the
Commission and Member States should ensure such
complementarity at Community, national, regional and
local level.

instruments

financial

and

In line with the conclusions of the Luxembourg Euro-
pean Council (December 1997) and of the Thessaloniki
European Council (June 2003), candidate countries and
the Western Balkan countries in the Stabilisation and
Association Process should be eligible to participate in
Community programmes, in accordance with the condi-
tions established in the relevant bilateral agreements
concluded with these countries.

(1) OJ L 197, 21.7.2001, p. 30.

(16)

(17)

(18)

(19)

(20)

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It is necessary to consolidate a number of existing envir-
onmental instruments and to simplify programming and
management by creating a single, streamlined financial
instrument for the environment.

It is also necessary to ensure a smooth transition and to
continue to monitor, audit and qualitatively assess the
activities financed under current programmes following
their expiry.

certain other measures to be adopted in accordance with
the regulatory procedure provided for in Article 5 of
Decision 1999/468/EC, in order to give Member States
the option of bringing proposed measures before the
Council for consideration. The regulatory procedure is
also appropriate for the adoption of amendments to the
Annexes to this Regulation, which specify essential
provisions,
for
funding, and for the laying down of implementing rules
other than the technical measures explicitly mentioned
in this Regulation,

the measures

in particular

eligible

This Regulation lays down, for the entire duration of the
programme, a financial envelope constituting the prime
reference, within the meaning of point 37 of the Interin-
stitutional Agreement of 17 May 2006 between the
European Parliament, the Council and the Commission
on budgetary discipline and sound financial manage-
ment (1), for the budgetary authority during the annual
budgetary procedure.

HAVE ADOPTED THIS REGULATION:

Article 1

Purpose

The general objective of LIFE+ is to contribute to the
implementation, updating and development of Com-
munity environmental policy and legislation and, in par-
ticular, to support the implementation of the 6th EAP.
By working together through Community instruments to
improve delivery at national or local levels, to achieve
Community goals or to provide for Community-wide
exchanges of information, Member States can achieve
European added value. Since this objective of LIFE+
cannot be sufficiently achieved by the Member States
and can therefore be better achieved at Community
level, the Community may adopt measures, in accord-
ance 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 Regu-
lation does not go beyond what is necessary in order to
achieve its objective.

of

to

that

relating

implementation

implementing measures

The
this Regulation
empowers the Commission to adopt are management
measures
a
the
programme with substantial budgetary implications
within the meaning of Article 2(a) of Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (2). Certain implementing
measures should therefore be adopted in accordance
with the management procedure provided for in Article
4 of that Decision. However, this Regulation establishes
a general
framework and will apply for seven years.
Community and national priorities are likely to evolve
significantly during this period. This Regulation also
defers many essential decisions to multi-annual strategic
programmes and national annual work programmes.
These issues are of critical concern to individual Member
States and of crucial importance for their national envir-
It is therefore more appropriate for
onmental policy.

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

This Regulation establishes a financial instrument for the

1.
environment (‘LIFE+’).

The general objective of LIFE+ shall be to contribute to
2.
the implementation, updating and development of Community
environmental policy and legislation, including the integration
of the environment into other policies, thereby contributing to
sustainable development.

In particular, LIFE+ shall support the implementation of the
6th EAP,
thematic strategies, and finance
measures and projects with European added value in Member
States.

including the

Article 2

Definitions

For the purpose of this Regulation:

1) ‘6th EAP’ means the Sixth Community Environment Action

Programme laid down by Decision No 1600/2002/EC;

2) ‘Financial Regulation’ means Regulation (EC, Euratom)

No 1605/2002;

3) ‘national agencies’ mean national public-sector bodies, or
bodies governed by private law with a public-service
mission, to which budget implementation tasks have been
entrusted in accordance with Article 7(2).

Article 3

Eligibility criteria

1. Measures and projects financed by LIFE+ shall support
the achievement of the general objective set out in Article 1(2).
Where possible, measures and projects financed by LIFE+ shall
promote synergies between different priorities under the 6th
EAP, and integration.

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envisaged

2. Measures
strategic
in
programmes drawn up in accordance with Article 6(1),
national annual work programmes adopted in accordance with
to those
Article 6(5) and projects
programmes shall satisfy the following criteria:

implemented pursuant

the multi-annual

(a) being of Community interest by making a significant
contribution to the achievement of the general objective of
LIFE+ set out in Article 1(2); and

(b) being technically and financially coherent and feasible and

providing value for money.

3.
In addition, to ensure European added value and avoid
financing recurring activities, measures envisaged in national
annual work programmes and projects implemented pursuant
to those programmes shall satisfy at least one of the following
criteria:

(a) being best practice measures and projects, or demonstration
measures and projects, for the implementation of Directive
79/409/EEC or Directive 92/43/EEC;

(b) being innovative measures and projects, or demonstration
measures and projects, relating to Community environ-
mental objectives, including the development or dissemina-
tion of best practice techniques, know-how or technologies;

(c) being awareness-raising campaigns and special training for

agents involved in forest fire prevention;

(d) being measures and projects for the development and
implementation of Community objectives relating to the
broad-based, harmonised, comprehensive and long-term
monitoring of forests and environmental interactions.

Article 4

Specific objectives

1.

LIFE+ shall consist of three components:

— LIFE+ Nature and Biodiversity,

— LIFE+ Environment Policy and Governance,

— LIFE+ Information and Communication.

The specific objectives of LIFE+ Nature and Biodiversity

2.
shall be:

(a) to contribute to the implementation of Community policy
in particular
and legislation on nature and biodiversity,
Directives 79/409/EEC and 92/43/EEC,
including at local
and regional level, and to support the further development
and implementation of the Natura 2000 network, including
coastal and marine habitats and species;

(c) to support

the design and implementation of policy
approaches and instruments for the monitoring and assess-
ment of nature and biodiversity and the factors, pressures
and responses that impact on them, in particular in relation
to the achievement of the target of halting biodiversity loss
within the Community by 2010;

(d) to provide support for better environmental governance, by
including that of
in consultations on, and the implementation of,

broadening stakeholder
NGOs,
nature and biodiversity policy and legislation.

involvement,

The specific objectives of LIFE+ Environment Policy and
3.
Governance shall be, in relation to the objectives of the 6th
EAP, including for the priority areas of climate change, envir-
onment and health and quality of life, and natural resources
and wastes:

(a) to contribute to the development and demonstration of
innovative policy approaches, technologies, methods and
instruments;

(b) to contribute to consolidating the knowledge base for the
development, assessment, monitoring and evaluation of
environmental policy and legislation;

(c) to support the design and implementation of approaches to
monitoring and assessment of the state of the environment
and the factors, pressures and responses that impact on it;

(d) to facilitate the implementation of Community environ-
ment policy, with particular emphasis on implementation
at local and regional level;

(e) to provide support for better environmental governance by
including that of

broadening stakeholder
NGOs, in policy consultation and implementation.

involvement,

The specific objectives of LIFE+ Information and Commu-

4.
nication shall be:

(a) to disseminate information and raise awareness on environ-

mental issues, including forest fire prevention;

(b) to provide support for accompanying measures, such as
information,
campaigns,
communication actions
conferences and training, including training on forest fire
prevention.

and

5.

Annex I contains the list of eligible measures.

Article 5

Types of intervention

1.

Community funding may take the following legal forms:

(b) to contribute to the consolidation of the knowledge base
for the development, assessment, monitoring and evalua-
tion of Community nature and biodiversity policy and legis-
lation;

(a) grant agreements;

(b) public procurement contracts.

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2.
Community grants may be provided in specific forms,
such as framework partnership agreements, participation in
financial mechanisms and funds, or co-funding of operating or
action grants. Operating grants to bodies pursuing objectives of
general European interest shall not be subject to the degres-
sivity provisions of the Financial Regulation.

2. Member States' allocations for the part of the budget
subject to delegated management shall be without prejudice to
the annual budgetary procedure provided for in Article 11(3).
The Commission shall base these allocations on the following
criteria:

3.
For action grants, the maximum rate of co-financing shall
be 50 % of eligible costs. However, by way of exception, the
maximum co-financing rate for LIFE+ Nature and Biodiversity
may be up to 75 % of eligible costs in the case of measures and
projects concerning priority habitats or species for the imple-
mentation of Directive 79/409/EEC or Directive 92/43/EEC,
when this is necessary to achieve the conservation objective.

In the case of public procurement contracts, Community
4.
funds may cover the costs of purchase of services and goods.
These costs may include expenditure on information and
communication, preparation,
implementation, monitoring,
checking and evaluation of projects, policies, programmes and
legislation.

If a Member State so decides, staff costs shall be eligible

5.
for Community co-financing on condition that:

(a) in the case of national agencies, such Community funding
represents no more than 2 % of the Community contribu-
annual work
tion to the Member
programme for the year concerned. The staff in question
must be carrying out additional tasks that national adminis-
trations did not previously fulfil
in connection with the
implementation of Community programmes;

State's national

(b) civil servants' salary costs may be funded only to the extent
that they relate to the cost of project implementation activ-
ities that
the relevant public authority would not have
carried out had the project concerned not been undertaken.
The staff in question must be specifically seconded to a
project and they must represent an additional cost with
respect to existing permanent staff.

Article 6

Programming

1.
The Commission shall draw up a first multi-annual stra-
tegic programme for 2007 to 2010 and a second multi-annual
strategic programme for 2011 to 2013. These programmes
shall define the principal objectives, priority areas of action,
type of measures and expected results for Community funding
in relation to the objectives and criteria set out in Articles 1, 3
and 4. They shall include allocations between Member States
and indicate those parts of the budget subject to central direct
management and those subject to delegated management in
accordance with Article 7(2).

(a) population:

(i) the total population of each Member State. A weighting

of 50 % shall be applied to this criterion; and

(ii) the population density of each Member State, up to a
limit of twice the EU's average population density. A
weighting of 5 % shall be applied to this criterion;

(b) nature and biodiversity:

(i) the total area of sites of Community importance for
each Member State, expressed as a proportion of the
total area of
sites of Community importance. A
weighting of 25 % shall be applied to this criterion; and

(ii) the proportion of a Member State's territory covered by
sites of Community importance in relation to the
proportion of Community territory covered by sites of
Community importance. A weighting of 20 % shall be
applied to this criterion.

As soon as relevant data are available for all Member States, the
Commission shall make the calculations for nature and biodi-
versity on the basis of both sites of Community importance
and special protection areas, while avoiding double counting.

In addition, the Commission may make additional allocations
to land-locked Member States. The total amount of such alloca-
tions shall not exceed 3 % of the total delegated budget.

However, the Commission shall ensure that no Member State's
allocation is less than an appropriate minimum allocation of
between EUR 1 and 3 million per year, taking into account
population density, environmental expenditure, environmental
need and absorption capacity.

the multi-annual

3. Within the framework of
strategic
programmes referred to in paragraph 1, Member States shall,
for the part of the budget subject to delegation, submit draft
national annual work programmes to the Commission for each
year in the periods 2007 to 2010 and 2011 to 2013. These
shall, as a minimum and for each year:

(a) identify priority areas taking account of identified long-

term needs;

(b) outline specific national objectives;

(c) describe the measures to be financed and how they meet

the eligibility criteria set out in Article 3;

(d) provide cost estimates; and

(e) describe the proposed monitoring framework.

least 80 % of

At
management.

the budget shall be subject

to delegated

Member States may include transnational measures in their
draft national annual work programmes.

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The Commission shall consult Member States on the draft
4.
multi-annual
strategic programmes within the Committee
referred to in Article 14(1). The programmes shall be adopted
in accordance with Article 15(1)(a). For the multi-annual stra-
tegic programme for 2007 to 2010, adoption shall take place
as soon as possible, and no later than three months after the
entry into force of this Regulation.

5.
The Commission shall consult Member States bilaterally
on the draft national annual work programmes, with a view to
the adoption of national annual work programmes in accord-
ance with Article 15(1)(b). Member States shall submit draft
national annual work programmes for 2007 to the Commis-
sion as soon as possible, and no later than three months after
the adoption of the first multi-annual strategic programme.
They shall,
annual work
programmes for subsequent years, and updates of drafts already
submitted, pursuant to the timetable laid down in accordance
with Article 15(2)(b).

submit national

as necessary,

Member States may,
if they so wish, submit draft national
annual work programmes for some or all of the years covered
by this Regulation at the same time.

6. Member States shall ensure that national agencies imple-
ment national annual work programmes adopted in accordance
with Article 15(1)(b). National agencies shall
invite project
applications for the implementation of the measures set out in
national annual work programmes. They shall ensure that
projects meet the criteria set out in Article 3, giving priority to
those projects that make the greatest contribution to the
achievement of the objectives of this Regulation.

7.
National agencies shall report to the Commission on the
implementation of national annual work programmes. They
shall make the final project reports referred to in Article 12(1),
or summaries of them, available to the public. The Commission
shall regularly publish lists of projects financed through LIFE+,
including a short description of objectives and results achieved
and a summary of funds expended. It shall do so using appro-
priate media and technologies, including the Internet.

Article 7

Financial procedures and budget delegation

The Commission shall

1.
implement
accordance with the Financial Regulation.

this Regulation in

2.
The Commission may decide to entrust part of implemen-
tation of the budget to national agencies designated in agree-
ment with the Member State concerned on the basis of
Article 54(2)(c) of the Financial Regulation and in accordance
with the selection criteria set out in Annex II of this Regu-
lation.

Article 8

Beneficiaries

Public and/or private bodies, actors and institutions may
receive financing through LIFE+.

Article 9

Participation of third countries

Programmes financed through LIFE+ shall be open to the parti-
cipation of the following countries, provided that supplemen-
tary appropriations are received:

(a) EFTA States which have become members of the European
Environment Agency in accordance with Council Regu-
lation (EC) No 933/1999 of 29 April 1999 amending
Regulation (EEC) No 1210/90 on the establishment of the
European Environment Agency and the European environ-
ment information and observation network (1);

(b) candidate countries for accession to the European Union;

(c) Western Balkan countries included in the Stabilisation and

Association Process.

Article 10

Complementarity between financial instruments

financial

from, other Community

This Regulation shall not finance measures which fall within
the eligibility criteria of, or receive assistance for the same
purpose
instruments,
including the European Regional Development Fund, the Euro-
the European Agri-
the Cohesion Fund,
pean Social Fund,
cultural Fund for Rural Development, the Competitiveness and
Innovation Framework Programme,
the European Fisheries
Fund and the
seventh Research Framework Programme.
The beneficiaries under this Regulation shall provide informa-
tion on funding they have received from the Community
budget and on their ongoing applications for funding to the
Commission for centrally financed measures or to the national
agency for delegated measures. Synergies and complementarity
shall be sought with other Community instruments.

Article 11

Duration and budgetary resources

1.
This Regulation shall be implemented during the period
beginning on 1 January 2007 and ending on 31 December
2013.

2.
The financial envelope for the implementation of LIFE+
shall be set at Euro 1 854 372 000 for the period from 1
January 2007 to 31 December 2013.

The budgetary resources allocated to the actions provided
3.
for in this Regulation shall be entered in the annual appropria-
tions of the general budget of the European Union.

The budgetary authority shall authorise the available annual
appropriations within the limits of the financial framework.

(1) OJ L 117, 5.5.1999, p. 1.

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4.
At least 40 % of the budgetary resources for LIFE+ shall
be allocated to measures to support the conservation of nature
and biodiversity.

Article 12

Monitoring

1.
For any measures and projects financed by LIFE+, the
to the Commission for centrally
beneficiary shall submit,
financed measures or to the national agency for delegated
measures, technical and financial reports on the progress of
work. A final report shall also be submitted within three
months of the completion of the project.

2. Without prejudice to the audits carried out by the Court
of Auditors in liaison with the competent national audit bodies
or departments pursuant to Article 248 of the Treaty, or any
inspection carried out pursuant to Article 279(1)(b) of the
Treaty, officials and other staff of the Commission shall carry
out on-the-spot checks, including sample checks, on projects
financed under LIFE+, in particular to check compliance with
the eligibility criteria set out in Article 3.

3.
Contracts and agreements resulting from this Regulation,
including agreements with national agencies, shall provide in
particular for supervision and financial control by the Commis-
sion, or any representative that the Commission may authorise,
and for audits by the Court of Auditors, if necessary on-the-
spot.

4.
The beneficiary of financial assistance shall keep available
for the Commission, for a period of five years following the
last payment in respect of any project, all supporting docu-
ments regarding expenditure on that project.

5.
On the basis of the results of the reports and sample
checks referred to in paragraphs 1 and 2, the Commission
shall, if necessary, adjust the scale or the conditions of alloca-
tion of the financial assistance originally approved as well as
the timetable for payments.

6.
The Commission shall take all other steps necessary to
verify that measures and projects financed are carried out prop-
erly and in compliance with the provisions of this Regulation
and the Financial Regulation.

financial

in accordance with Council Regulation (EC, Euratom) No
2988/95 of 18 December 1995 on the protection of the Euro-
interests (1), Council Regulation
pean Communities'
(Euratom, EC) No 2185/96 of 11 November 1996 concerning
on-the-spot checks and inspections carried out by the Commis-
sion in order to protect the European Communities' financial
interests against fraud and other irregularities (2), and Regu-
lation (EC) No 1073/1999 of the European Parliament and of
the Council of 25 May 1999 concerning investigations
conducted by the European Anti-Fraud Office (OLAF) (3).

For Community measures financed under LIFE+,

‘irregu-
2.
larity’ as referred to in Article 1(2) Regulation (EC, Euratom)
No 2988/95, shall mean any infringement of a provision of
Community law or any breach of a contractual obligation
resulting from an act or omission by an economic operator
which has, or would have, the effect of prejudicing the general
budget of the Communities or budgets managed by them by an
unjustified item of expenditure.

The Commission shall reduce, suspend or recover the
3.
amount of financial assistance granted for a project if it finds
irregularities, including non-compliance with the provisions of
this Regulation or the individual decision or the contract or
agreement granting the financial assistance in question, or if it
transpires that, without Commission approval having being
sought, the project has been subjected to a change which
conflicts with its nature or implementing conditions.

4.
If time limits have not been observed or if only part of
the allocated financial assistance is justified by the progress
made with implementing a project,
the Commission shall
request the beneficiary to submit observations within a speci-
the beneficiary does not give a satisfactory
fied period.
answer, the Commission may cancel the remaining financial
assistance and demand repayment of sums already paid.

If

Any undue payment shall be repaid to the Commission.
5.
Interest shall be added to any sums not repaid in good time
under the conditions laid down by the Financial Regulation.

Article 14

Committee

Article 13

Protection of Community financial interests

1.
The Commission shall ensure that, when measures
financed under this Regulation are implemented, the financial
interests of the Community are protected by the application of
preventive measures against fraud, corruption and any other
illegal activities, by effective checks and by the recovery of the
amounts unduly paid and, if irregularities are detected, by the
application of effective, proportional and dissuasive penalties,

1.

The Commission shall be assisted by a 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.

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

(1) OJ L 312, 23.12.1995, p. 1.
(2) OJ L 292, 15.11.1996, p. 2.
(3) OJ L 136, 31.5.1999, p. 1.

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

The period laid down in Article 4(2) of Decision 1999/468/EC
shall be set at three months.

4.

The committee shall adopt its rules of procedure.

3.
The Commission shall arrange for a final evaluation of
the implementation of this Regulation assessing its contribution
to the implementation, updating and development of Com-
munity environmental policy and legislation and the use made
of the appropriations. It shall submit this final evaluation to the
European Parliament and the Council no later
than 31
December 2012, together, if appropriate, with a proposal for
the further development of a financial instrument exclusively in
the environmental field, to apply from 2014 onwards.

Article 15

Implementing decisions

Article 17

Repeal and transitional provisions

The following implementing decisions shall be taken in

1.
accordance with the procedure referred to in Article 14(2):

The following instruments shall be repealed with a view

1.
to simplification and consolidation:

(a) to adopt and, if necessary, to amend multi-annual strategic
programmes drawn up in accordance with Article 6(1);

(b) to adopt and, if necessary, to amend national annual work
programmes based on drafts that Member States have
submitted in accordance with Article 6(3);

(c) to add measures to Annex I or to amend Annex II; and

(d) to lay down detailed rules necessary for the implementation

of this Regulation.

The following implementing decisions shall be taken in

2.
accordance with the procedure referred to in Article 14(3):

(a) to decide to delegate implementation of the budget to a
national agency or agencies in accordance with Article 7(2)
and to confirm the agency's or agencies' compliance with
the selection criteria set out in Annex II;

(b) to specify the format, content and submission dates for
draft national annual work programmes for the purposes of
Article 6(3) and of the reports referred to in Article 6(7);

(c) to determine the form, content and recipients of

the

reports referred to in Article 12(1); and

(d) to establish indicators to assist the monitoring of measures

financed by LIFE+.

(a) Regulation (EC) No 1655/2000 of the European Parliament
and of the Council of 17 July 2000 concerning the Finan-
cial Instrument for the Environment (LIFE) (1);

(b) Decision No 1411/2001/EC of the European Parliament
and of the Council of 27 June 2001 on a Community
Framework for cooperation to promote sustainable urban
development (2);

(c) Decision No 466/2002/EC of the European Parliament and
of the Council of 1 March 2002 laying down a Community
action programme promoting non-governmental organisa-
tions primarily active in the field of environmental protec-
tion (3);

(d) Regulation (EC) No 2152/2003 of the European Parliament
the Council of 17 November 2003 concerning
and of
monitoring of forests and environmental interactions in the
Community (Forest Focus) (4).

2. Measures started before 31 December 2006 pursuant to
the acts referred to in paragraph 1 shall, until their completion,
continue to be governed by those acts. The Committee referred
to in Article 14(1) shall replace the committees provided for in
these acts. This Regulation shall be used to fund any obligatory
monitoring and evaluation required under those acts following
their expiry. Until their completion, measures shall comply
with the technical provisions defined in the acts referred to in
paragraph 1.

Article 16

Evaluation

Article 18

Entry into force

The Commission shall ensure that regular monitoring of

1.
multi-annual programmes takes place to assess their impact.

This Regulation shall enter
into force on the third day
following that of its publication in the Official Journal of the
European Union.

2.
No later than 30 September 2010, the Commission shall
submit a mid-term review of LIFE+ to the European Parliament
and to the Committee referred to in Article 14(1). The mid-
term review shall evaluate the implementation of this Regu-
lation
from 2007 to 2009. The Commission shall,
if appropriate, propose modifications to the implementing deci-
sions in accordance with Article 15.

(1) OJ L 192, 28.7.2000, p. 1. Regulation as last amended by Regu-

lation (EC) No 1682/2004 (OJ L 308, 5.10.2004, p. 1).

(2) OJ L 191, 13.7.2001, p. 1. Decision as amended by Decision No

786/2004/EC (OJ L 138, 30.4.2004, p. 7).

(3) OJ L 75, 16.3.2002, p. 1. Decision as amended by Decision No

786/2004/EC.

(4) OJ L 324, 11.12.2003, p. 1. Regulation as amended by Regulation

(EC) No 788/2004 (OJ L 138, 30.4.2004, p. 17).

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

Done at Luxembourg,

For the European Parliament

The President

…

For the Council

The President

…

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3.10.2006

ANNEX I

MEASURES ELIGIBLE FOR FUNDING

Without prejudice to Article 10, the following measures may be financed by LIFE+ if they satisfy the eligibility criteria
set out in Article 3:

1. as regards the budget subject to central direct management:

(a) certain operational activities of NGOs that are primarily active in protecting and enhancing the environment at

European level,

(b) developing and maintaining networks and computer systems directly linked to the implementation of Community

environmental policy and legislation;

2. as regards the budget subject to either central direct or delegated management:

(a) studies, surveys, modelling and scenario building;

(b) monitoring, including the monitoring of forests;

(c) capacity building assistance;

(d) training, workshops and meetings, including the training of agents participating in forest fire prevention initia-

tives;

(e) networking and best practice platforms;

(f) information and communication actions, including awareness-raising campaigns and, in particular, public aware-

ness-campaigns on forest fires;

(g) demonstration of innovative policy approaches, technologies, methods and instruments;

(h) national agencies' staff costs; and

(i) specifically for the nature and biodiversity component:

— site and species management and site planning, including the improvement of the ecological coherence of the

Natura 2000 network;

— the monitoring of conservation status, including setting up procedures and structures for such monitoring;

— the development and implementation of species and habitats conservation action plans;

— the extension of the Natura 2000 network in marine areas;

— the purchase of land, provided that:

— the purchase would contribute to maintaining or restoring the integrity of a Natura 2000 site,

— land purchase is the only or most effective way of achieving the desired conservation outcome,

— the land purchased is reserved in the long term for uses consistent with the objectives set out in Article

4(2), and

— the Member State concerned shall, by way of transfer or otherwise, ensure the long-term reservation of

such land for nature conservation purposes.

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ANNEX II

CRITERIA FOR THE DELEGATION OF BUDGET IMPLEMENTATION TASKS

1. The Commission shall designate national agencies in agreement with Member States. Member States may also desig-
nate national agencies in accordance with Article 54(2)(c) and Article 56 of the Financial Regulation and with Articles
38 and 39 of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed
rules for the implementation of Regulation (EC, Euratom) No 1605/2002 (1). Member States shall establish adminis-
trative and financial provisions vis-à-vis national agencies with a view to the effective implementation of national
annual work programmes.

2. The Commission shall ensure that delegation complies with the principles of economy, effectiveness and efficiency.
Before proceeding with any delegation, the Commission shall ensure, by means of an assessment, that delegation of
funds to national agencies complies with sound financial management and will enhance the visibility of the Com-
munity action.

3. A body designated as a national agency shall comply with the following criteria:

— it has legal personality and is governed by the law of the Member State concerned;

— it has an adequate number of staff, with professional capacities in the field of environment policy;

— it has appropriate infrastructure, in particular as regards computing and communications;

— it operates in an administrative context which enables it to carry out its tasks satisfactorily and to avoid conflicts

of interest;

— it is in a position to apply the financial management rules and contractual conditions laid down at Community

level;

— it offers adequate financial guarantees, issued preferably by a public authority, and its management capacity is

appropriate to the level of Community funds that it will be called upon to manage.

4. The Commission shall conclude an agreement with each national agency in accordance with Article 41 of Regulation
(EC, Euratom) No 2342/2002, setting out detailed provisions covering, inter alia, the definition of tasks, rules on
reporting, the demarcation of responsibilities and control arrangements. National agencies shall respect the principles
of transparency and equality of treatment. They shall avoid double-funding from other sources of Community funds.
They shall monitor projects and recover any funds due for reimbursement by beneficiaries.

5. Moreover, the Commission shall verify that Member States take necessary steps to ensure the appropriate audit and
financial overseeing of national agencies. Member States shall, before any delegation takes place, provide the Commis-
sion with necessary assurances as to the existence, relevance and proper operation of rules of sound financial
management within the relevant national agency.

6. Each national agency shall be responsible for any funds not recovered in the event of irregularity, negligence or fraud

imputable to it.

7. The Commission shall, in cooperation with Member States, ensure the transition between measures carried out
within the context of the earlier programmes in the environmental field and those to be implemented under this
Regulation.

(1) OJ L 357, 31.12.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1261/2005 (OJ L 201, 2.8.2005, p. 3).

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STATEMENT OF THE COUNCIL'S REASONS

I.

INTRODUCTION

The Commission adopted its proposal (1) for a Regulation concerning the Financial Instrument for the
Environment (‘LIFE+’) in September 2004.

The European Parliament adopted its first-reading opinion in July 2005 (2).

The Committee of the Regions (3) and the Economic and Social Committee (4) adopted their opinions
in April 2005.

The Council adopted its common position on 27 June 2006.

II. OBJECTIVE

The proposed Regulation is one of several relating to the financial framework for 2007 to 2013, but
the only proposal specific to the environment. Its objective is:

— to provide specific support at Community level for measures and projects with European added
value for the implementation, updating and development of Community environmental policy and
legislation,
the sixth Community Environment Action
Programme (while funding for investments and management measures benefiting the environment,
particularly in relation to the Natura 2000 network, would generally be available through other
financial instruments); and

the implementation of

in particular

— to replace a number of existing programmes (while some elements of the current LIFE regime

would be integrated into other financial instruments).

The aim of this ‘integrated approach’ is to provide more scope for co-financing, to encourage joined-
up policy making and better to enable funding to reflect national and regional priorities.

III. ANALYSIS OF THE COMMON POSITION

1. General

The common position incorporates half of the European Parliament's first-reading amendments,
either verbatim, in part or in spirit. In particular, it makes provision for a specific nature and biodi-
versity component and establishes general eligibility criteria to ensure European added value.

It does not reflect the remaining amendments because the Council agrees with the Commission that
they are unnecessary and/or undesirable.

The common position also includes a number of changes other than those envisaged in the Euro-
pean Parliament's first-reading opinion. The following sections describe the changes of substance. In
addition, there are drafting changes to clarify the text or to ensure the overall coherence of the
Regulation.

2. Purpose, definitions and eligibility criteria (Articles 1, 2 and 3)

The common position is not consistent with European Parliament amendment 11. The Council
believes that it is necessary to make a distinction between the general objective set out in Article 1
and the specific objectives set out in Article 4. It also considers that it is not necessary to paraphrase
the objectives of 6th Community Environment Action Programme and that it would be inap-
propriate to seek to make changes to the priorities that the three Institutions have agreed for the
period 2002 to 2012, as set out in Decision No 1600/2002/EC other than in the context of the
review provided for in Article 11(1) of that Decision.

(1) OJ C 12, 18.1.2005, p. 25.
(2) doc. 10814/05
(3) OJ C 231, 20.9.2005, p. 72.
(4) OJ C 255, 14.10.2005, p. 52.

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The Council has added Article 2 to give definitions of three terms that the Regulation uses
frequently.

Article 3 is consistent with parts of amendments 12 and 42, 15 and 34 in that it lays down general
eligibility criteria to ensure that Community co-financing through LIFE+ provides European added
value. In particular, LIFE+ would not finance recurring activities, such as day-to-day operations.

3. Specific objectives (Article 4 and Annex I)

Article 4 takes on board other parts of amendments 12 and 42, in particular by the creation of a
new component specifically for nature and biodiversity and the addition of references to eco-tech-
nologies and forests.

The common position also changes the status of Annex I from an indicative to an exhaustive list of
eligible measures. Annex I no longer includes a section on themes. The Council considers that the
objectives and criteria set out in Articles 1, 3 and 4 and the list of eligible measures in Annex I are
sufficient to define the scope of LIFE+.

4. Financial provisions (Articles 5 and 8 to 13)

The Council cannot accept amendment 43 concerning the LIFE+ budget. The common position
provides for a financial envelope of € 1 854 372 000, which is the figure contained in the
Commission's amended proposal (made following the agreement of 17 May 2006 on the Financial
Framework 2007-2013). (1)

The common position is fully consistent with amendment 44 since it contains no Annex setting
out an indicative division of the LIFE+ budget between the components. However, rather than
giving a figure for each of the three components as envisaged in amendment 26, to provide greater
flexibility Article 11(4) would ring-fence 40 % of the budget specifically for measures to support the
conservation of nature and biodiversity.

Article 5 is consistent with amendment 34 in that it sets a general maximum co-financing rate of
50 %. It is partly consistent with amendment 13 in that a higher co-financing of up to 75 % would
be possible for certain nature protection projects. Article 5 also includes clarification on the co-
financing of staff costs (consistent with current practice and the Financial Regulation).

The Council believes that there is no need to give examples of potential beneficiaries of LIFE+
funding. Article 8 is therefore not consistent with amendment 21.

The Council agrees that, consistent with the principle of complementarity, LIFE+ should not
finance measures which fall within the eligibility criteria of other Community financial instruments.
Article 10 of the common position is consistent with the aim of amendment 23.

On monitoring, the common position strengthens the requirement for the Commission to carry
out on-the-spot checks. Read together with Article 17(2)(c), Article 12(1) is consistent with the
objectives of amendment 27.

5. Programming approach (Articles 6 and 7 and Annex II)

The Commission's proposal envisaged the delegation of a significant part of budget implementation
to Member States. The Council accepts this approach, but has included considerably more detail on
the applicable procedures in the common position. This provides greater clarity on the respective
roles of Member States and the Commission and on the types of expenditure that will fall under the
centrally managed part of the budget (in particular for NGOs, which is consistent with amendment
36).

(1) EUR 1 854 372 000 is in 2004 prices (equivalent to EUR 2 097 880 000 in current prices). Point 37 of the Interin-
stitutional Agreement on budgetary discipline and improvement of the budgetary procedure provides that this
amount will constitute the prime reference for the budgetary authority during the annual budgetary procedure.
The Council has also made a statement on the figure contained in the Commission's amended proposal.

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The common position also contains detailed criteria for the allocation of the delegated part of the
budget between Member States. There are two criteria: population, including population density,
since this is a proxy for many environmental pressures; and nature and biodiversity (based on the
absolute and relative size of designated sites). The annexed table gives an indication of the implica-
tions of these criteria.

Article 6 is partly consistent with amendment 14, since it makes clear (paragraph 3, second sub-
paragraph) that LIFE+ could fund transnational measures. The procedure for the adoption of
national annual work programmes is in line with the aim of amendment 16, since it would give
Member States flexibility to take account of national and regional priorities.

The Council cannot accept the first part of amendment 15 or amendments 17 or 18. Adopting
multi-annual strategic programmes through co-decision would unduly delay the funding of environ-
mental projects. However, the common position includes significantly more details in the co-
decided text of the Regulation.

6. Comitology (Articles 14 and 17)

The common position is broadly consistent with amendment 29, since all key decisions would be
subject to the regulatory procedure. This is appropriate because the Regulation establishes a general
framework for seven years. Community and national priorities are likely to evolve significantly
during this period. The multi-annual strategic programmes and national annual work programmes
will deal with matters of critical concern to individual Member States and of crucial importance for
their national environmental policy. However, certain more technical decisions should be subject to
the management procedure.

The Council cannot accept amendments 28, 30 and 31 since they would deviate from the proce-
dures laid down in Decision 1999/468/EC. Any changes would need to be negotiated horizontally,
not in the context of a specific instrument.

7. Other

In addition the common position:

— has a slightly expanded preamble to clarify key provisions in the body of the Regulation. The
recitals incorporate European Parliament first-reading amendment 9 (but not amendments 1 to
8, since the proposed text would not have motivated any provision in the Articles or Annexes
or would not have been consistent with these provisions). In addition, recital 15 is partly consis-
tent with the aim of amendment 24;

— includes in Articles 6(7) and 12(2) requirements for the Commission to carry out and report on

follow-up measures consistent with the aim of amendment 19;

— meets the objectives of amendments 32 and 33 by clarifying, in Article 15, the aim of, and

timetable for, evaluation reports;

— does not incorporate amendment 20, since the Commission would not be able to ensure that

the implementation of LIFE+ leads to job creation.

IV. CONCLUSION

The Council believes that the common position represents a balanced package that would provide
targeted Community co-financing to complement other Community financial instruments and national
and regional environmental expenditure. It looks forward to constructive discussions with the Euro-
pean Parliament with a view to the early adoption of the Regulation.

ANNEX

INDICATIVE ALLOCATIONS TO MEMBER STATES FOR 2007

.

.

3
1
0
2
0
0
6

Member
State

Surface area
(km2)

Population
(thousands)

% of total
EU popu-
lation

Population
density

Ratio MS
density:
EU density

Normal-
ised ratio
population
density

SCI surface
area
(km2)

Ratio
SCI:total

% SCI
total

Ratio
MS %: EU
total %

Normal-
ised ratio
SCIs

Budget alloca-
tion
(%)

Budget
allocation
(EUR
million)

Corrected
budget
allocation
(EUR
million)

Member
State

E
N

A

B

C

D

E

F

G

H

I

L

M

N

O

P

Q

R

(C/Total C)

(C·1000/B)

(E/Total E)

(F/Total F)

(H/Total H)

(H/B)

(J/Total J)

(K/Total K)

(0,5·D+0,05·G
+0,25·I+,2·L)

(D42·M)

30 528,00

10 396,40

2,14 %

226,56

2,00

7,23 %

3 220,88

0,54 %

10,55 %

0,76

2,67 %

2,10 %

3,991

3,968

78 866,00

10 211,50

2,10 %

129,48

1,14

4,13 %

7 241,36

1,22 %

9,18 %

0,67

2,32 %

2,03 %

3,851

3,829

43 093,00

5 397,60

1,11 %

125,25

1,11

4,00 %

11 135,95

1,88 %

25,84 %

1,87

6,54 %

2,53 %

4,813

4,785

357 031,00

82 531,70

16,97 %

226,56

2,00

7,23 %

53 293,92

9,00 %

14,93 %

1,08

3,78 %

11,85 %

22,517

22,388

45 226,00

1 351,00

0,28 %

29,87

0,26

0,95 %

10 591,08

1,79 %

23,42 %

1,70

5,93 %

1,82 %

3,456

3,437

131 940,00

11 041,10

2,27 %

83,68

0,74

2,67 %

27 640,97

4,67 %

20,95 %

1,52

5,30 %

3,50 %

6,642

6,604

504 782,00

42 345,30

8,71 %

83,89

0,74

2,68 % 119 104,03

20,11 %

23,60 %

1,71

5,97 %

10,71 %

20,347

20,230

549 192,00

59 900,70

12,32 %

109,07

0,96

3,48 %

48 809,61

8,24 %

8,89 %

0,64

2,25 %

8,84 %

16,800

16,704

70 280,00

4 027,70

0,83 %

57,31

0,51

1,83 %

10 560,74

1,78 %

15,03 %

1,09

3,80 %

1,71 %

3,253

3,234

301 333,00

57 888,20

11,90 %

192,11

1,70

6,13 %

43 977,33

7,43 %

14,59 %

1,06

3,69 %

8,85 %

16,820

16,723

9 250,00

730,4

0,15 %

78,96

0,70

2,52 %

509,52

0,09 %

8,88 %

0,64

2,25 %

0,67 %

1,277

2,000

64 589,00

2 319,20

0,48 %

35,91

0,32

1,15 %

7 651,27

1,29 %

11,85 %

0,86

3,00 %

1,22 %

2,315

2,500

65 200,00

3 445,90

0,71 %

52,85

0,47

1,69 %

6 663,58

1,13 %

10,22 %

0,74

2,59 %

1,24 %

2,351

2,500

2 597,00

451,6

0,09 %

173,89

1,54

5,55 %

383,11

0,06 %

14,75 %

1,07

3,73 %

1,09 %

2,065

2,053

93 030,00

10 116,70

2,08 %

108,75

0,96

3,47 %

13 929,21

2,35 %

14,97 %

1,09

3,79 %

2,56 %

4,863

4,835

316,00

399,4

0,08 %

226,56

2,00

7,23 %

39,35

0,01 %

12,45 %

0,90

3,15 %

1,03 %

1,966

1,954

41 526,00

16 258,00

3,34 %

226,56

2,00

7,23 %

7 510,00

1,27 %

18,09 %

1,31

4,58 %

3,27 %

6,204

6,169

BE

CZ

DK

DE

EE

EL

ES

FR

IE

IT

CY

LV

LT

LU

HU

MT

NL

BE

CZ

DK

DE

EE

EL

ES

FR

IE

IT

CY

LV

LT

LU

HU

MT

NL

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n
U
n
o
n

i

C

2
3
8
E
/
1
5

Member
State

Surface area
(km2)

Population
(thousands)

% of total
EU popu-
lation

Population
density

Ratio MS
density:
EU density

Normal-
ised ratio
population
density

SCI surface
area
(km2)

Ratio
SCI:total

% SCI
total

Ratio
MS %: EU
total %

Normal-
ised ratio
SCIs

Budget alloca-
tion
(%)

Budget
allocation
(EUR
million)

Corrected
budget
allocation
(EUR
million)

Member
State

A

B

C

D

E

F

G

H

I

L

M

N

O

P

Q

R

(C/Total C)

(C·1000/B)

(E/Total E)

(F/Total F)

(H/Total H)

(H/B)

(J/Total J)

(K/Total K)

(0,5·D+0,05·G
+0,25·I+,2·L)

(D42·M)

AT

PL

PT

SI

SK

FI

SE

UK

BG

RO

EU + BG
+ RO

83 859,00

8 140,10

1,67 %

97,07

0,86

3,10 %

8 883,93

1,50 %

10,59 %

0,77

2,68 %

1,90 %

3,616

3,595

AT

312 685,00

38 190,60

7,85 %

122,14

1,08

3,90 %

13 123,86

2,22 %

4,20 %

0,30

1,06 %

4,89 %

9,286

9,233

91 990,00

10 474,70

2,15 %

113,87

1,01

3,63 %

16 502,94

2,79 %

17,94 %

1,30

4,54 %

2,86 %

5,440

5,409

20 273,00

1 996,40

0,41 %

98,48

0,87

3,14 %

6 359,62

1,07 %

31,37 %

2,27

7,94 %

2,22 %

4,216

4,192

48 845,00

5 380,10

1,11 %

110,15

0,97

3,51 %

5 739,36

0,97 %

11,75 %

0,85

2,97 %

1,57 %

2,975

2,958

338 145,00

5 219,70

1,07 %

15,44

0,14

0,49 %

48 551,64

8,20 %

14,36 %

1,04

3,63 %

3,34 %

6,341

6,305

414 864,00

8 975,70

1,85 %

21,64

0,19

0,69 %

62 356,23

10,53 %

15,03 %

1,09

3,80 %

4,35 %

8,265

8,218

244 820,00

59 673,10

12,27 %

226,56

2,00

7,23 %

25 102,47

4,24 %

10,25 %

0,74

2,60 %

8,07 %

15,342

15,254

110 910,00

7 801,3

1,60 %

70,34

0,62

2,24 %

15 299,25

2,58 %

13,79 %

1,00

3,49 %

2,26 %

4,291

4,266

238 391,00

21 711,3

4,46 %

91,07

0,80

2,91 %

18 085,00

3,05 %

7,59 %

0,55

1,92 %

3,52 %

6,697

6,658

PL

PT

SI

SK

FI

SE

UK

BG

RO

4 293 561,00

486 375,40 100,00 %

113,28

27,67 100,00 % 592 266,18 100,00 %

13,79 %

28,64 100,00 %

100,00 %

190

190

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3.10.2006

EN

Official Journal of the European Union

C 238E/17

NOTES

The Commission services prepared the above table. The allocations shown are indicative. The actual allocations will be
fixed through comitology following adoption of the Regulation. A number of factors could result in the actual alloca-
tions being somewhat different.

1. The table indicates allocations for 2007, based on a delegated budget of EUR 190 million for that year. The Commis-
sion's financial programming envisages that both the LIFE+ budget and the share of the budget allocated to Member
States would increase year on year.

2. The table uses the most recent data available to the Commission (e.g., Member States' populations are those given in
the Eurostat yearbook for 2005 and SCI data is that available at 15 May 2006). The data and therefore the allocations
will change over the life of the LIFE+ instrument. In particular, Article 6(2), second subparagraph, mandates the
Commission to make the calculations for nature and biodiversity on the basis of both sites of Community importance
and special protection areas, while avoiding double counting, as soon as relevant data are available for all Member
States.

3. Article 6(2), third subparagraph, would enable the Commission to propose additional allocations for land-locked

Member States. The table assumes that there would be no such additional allocations in 2007.

4. The area of SCIs in BG has been estimated at the average for the current Member States and RO. The area of SCIs in

CY applies only to the surface of the area to which the Habitats Directive applies.

5. Article 6(2), fourth subparagraph, prescribes a minimum annual allocation for all Member States of between EUR 1
and 3 million, taking into account population density, environmental expenditure, environmental need and absorp-
tion capacity. The table assumes that this provision would be used to increase the allocation for CY to EUR 2 million
and those for LV/LT to EUR 2,5 million.