Communication from the Commission to the European Parliament pursuant to the second subparagraph of Article 251 (2) of the EC Treaty concerning the common position of the Council on the adoption of a Regulation of the European Parliament and of the Council concerning the Financial Instrument for the Environment (LIFE+)
Date: 2006-06-28
Institutions: European Commission
Subjects: EU financial instrument, EU programme, budgetary procedure, economic instrument for the environment, environmental policy, sustainable development

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 28.6.2006 
COM(2006) 355 final 

2004/0218 (COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to the second subparagraph of Article 251 (2) of the EC Treaty 

concerning the 

common position of the Council on the adoption of a regulation of the european 
parliament and of the council concerning the Financial Instrument for 
the Environment (LIFE+) 

EN 

   EN 

 
 
 
  
 
 
2004/0218 (COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to the second subparagraph of Article 251 (2) of the EC Treaty 

concerning the 

common position of the Council on the adoption of a regulation of the european 
parliament and of the council concerning the Financial Instrument for 
the Environment (LIFE+) 

1. 

BACKGROUND 

–  On  29  September  2004  the  Commission  adopted  a  proposal  for  a  Regulation  of  the 
European  Parliament  and  of  the  Council1  concerning  the  Financial  Instrument  for  the 
Environment  (LIFE+)  for  adoption  by  the  co-decision  procedure  as  laid  down  in 
Article 251 of the EC Treaty. 

–  The  Committee  of  the  Regions  and  the  European  Economic  and  Social  Committee 

delivered their Opinions in April 2005. 

–  The European Parliament adopted its position at a first reading on 7 July 2005. 

–  The Council adopted a partial political agreement on 2 December 2005. 

–  The Commission adopted a revised proposal on 24 May 20062. 

–  The Council adopted its Common Position on 27 June 2006. 

2. 

OBJECTIVE OF THE COMMISSION PROPOSAL 

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 : 

the 

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

–  to  replace  a  number  of  existing  programme  (while  some  elements  of  the  current  LIFE 

regime would be integrated into other financial instruments). 

1 
2 

COM(2004) 621 final (2004/0218(COD)). 
COM(2006) 239 final. 

EN 

2 

   EN 

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

3. 

COMMENTS ON THE COMMON POSITION 

3.1. 

General comments 

At its plenary session of 7 July 2005 the European Parliament adopted 37 amendments (plus 1 
in  part)  out  of  the  44  that  were  tabled.  Out  of  the  37  amendments  (plus  1  in  part)  4  were 
acceptable to the Commission in principle or in part as they clarified or improved the original 
proposal. 

The common position amends the Commission's proposal by : 

–  including a specific component in respect of nature and biodiversity; 

–  defining more clearly the concept of European added value; 

–  clarifying the role of the Member States, the national agencies and the Commission in the 

programme planning and delivery mechanisms; and, 

–  setting out a budget for the programme. 

3.2. 

Detailed comments 

Following work by the Council and specifically the conclusions drawn by the partial political 
agreement of 2 December 2005 the Commission has been able to accept either verbatim or in 
principle a greater number of amendments. 

3.2.1.  Parliamentary  amendments  accepted  by  the  Commission  and  incorporated  in 

full, in part or in principle in the common position 

The following amendments have been accepted in whole or in part : 

–  12, 15 (part), 34 and 42 in that the drafting of Article 3 concerning the eligibility criteria 
and  specifically  those  relating  to  European  added  value,  as  well  as  a  nature  and 
biodiversity component, are included in the common position; 

–  26  as  regards  ring-fencing  for  nature  and  biodiversity  and  44  insofar  that  annex  2  of  the 

Commission proposal has been deleted; 

–  Article  5  is  consistent  with  amendment  34  as  a  maximum  co-financing  rate  is  set  and  is 

partly consistent with 13 in allowing a higher rate for certain nature projects; 

–  Complementarity is enshrined in the common position (Article 10) and therefore the aim of 
amendment 23. Amendment 27 is taken into account as regards monitoring checks by the 
Commission; 

–  36 for NGO funding as there continues to be a need to provide funding at a European level 

for certain NGOs; 

EN 

3 

   EN 

 
–  14 in that Article 6 makes it clear that LIFE+ could fund transnational measures, and 16 
which gives Member States flexibility to take account of national and regional priorities; 

–  There is broad consistence with amendment 29 which ensures all key decisions would be 

subject to a comitology procedure; 

–  Evaluation and follow up are included by way of amendments 19, 32 and 33; 

–  9 and 24 are included in the recitals to the draft Regulation; 

3.2.2.  Parliamentary  amendments  rejected  by  the  Commission  and  the  Council  and 

not incorporated in the common position 

The following amendments have not been included either in whole or in part : 

–  43 as regards the Parliament's proposal for an increased budget because the current budget 

figure forms part of the agreed financial perspectives; 

–  21 as a list of possible beneficiaries may prove to be restrictive and there is a need for the 

programme to be a s flexible as possible 

–  15  (part),  17,  18  and  37  (part)  as  a  co-decision  procedure  as  regards  the  multi-annual 

programme would be excessive in terms of time; 

–  28, 30 and 31 as they deviate from the procedures laid down in Decision 1999/468/EC; 

–  20  as  the  Commission  can  not  ensure  the  implementation  of  the  requirement  on  job 

creation; 

–  1-8 as these recitals are no longer needed to motivate the text 

–  11 as regards the general objective of the Regulation. 

4. 

CONCLUSION 

The changes introduced by the Council help to clarify the Commission's proposal especially 
as regards defining more clearly European added value and clarifying the role of the Member 
States,  the  national  agencies  and  the  Commission  in  the  programme  planning  and  delivery 
mechanisms.  The  Commission  therefore  supports  the  Common  Position  adopted  by  a 
qualified  majority  on  27  June  2006;  the  Commission  also  takes  note  of  the  Council 
declaration concerning the modification of the programme's budget during the second reading. 

EN 

4 

   EN