CELEX: 51996PC0295
Language: en
Date: 1996-06-13
Title: Re-examined proposal for a COUNCIL REGULATION (EC) amending Regulation (EEC) No 1973/92 establishing a financial instrument for the environment (Life)

COMMISSION OF THE EUROPEAN COMMUNITIES
A**
                                           Brussels, 13.06.1996
                                           COM(96) 295 final
                                           95/0093 (SYN)
                       Re-examined proposal for a
                    COUNCIL REGULATION (EC)
 amending Regulation (EEC) No 1973/92 establishing a fînancial instrument for
                             the environment (Life)
       (presented by the Commission pursuant to Article 189 c (d)
                           of the EC Treaty)
 ---pagebreak---  ---pagebreak---                                EXPLANATORY MEMORANDUM
On 12 April 1995 the Commission adopted, on the basis of Article 130s(l) of the Treaty,
the proposal for a Regulation amending Regulation (EEC) No 1973/92 (Life) with the
objective of implementing the second phase of the instrument (1996-1999). l
The Economic and Social Committee gave its opinion on 25 October 1995.2
The European Parliament gave its opinion at the first reading on 17 November 1995.3
On 26 January 1996 the Commission adopted an amended proposal pursuant to
Article 189a(2) of the EC Treaty incorporating 28 of the 34 amendments approved by
Parliament.4
On 18 December, the Council approved a common position on the Commission proposal.5
The European Parliament adopted its decision on the Council common position on
5-6 June 1996, which it approved subject to 7 amendments.
The Commission has examined the amendments adopted by Parliament at the second
reading, and incorporated some of them in the current reexamined proposal.
The Commission's position on the amendments adopted by Parliament is as follows:
Amendments 1 to 4 are accepted in full (the Commission already accepted them at the
first reading).
These concern: -           amendments 1 and 2 designed to clarify, in Article 2(l)(b)(iii), the
                           scope of preparatory measures concerning, firstly, wetlands in
                           coastal areas around river mouths and, secondly, management and
                           protection of water resources;
                           amendment 3 specifying in Article 2(2)(a) nature protection in the
                           areas of activity under Life with regard to third countries other than
                           the countries of Central and Eastern Europe;
         OJ C 184, 18.7.1995, p. 12.
         OJ C 18, 22.1.1996, p. 15.
         OJ C 323, 4.12.1995, p. 158.
         O J C 9 2 , 28.3.1996, p. 7.
         OJ C 134, 6.5.1996, p. 1.
 ---pagebreak---                          amendment 4 adapting Article 2(3) to permit the monitoring and
                         dissemination of the results of all the measures receiving Life
                        funding including Phase I, and not merely Phase II as provided for
                         in the common position.
Amendment 6 concerning the transparency of procedures is accepted in principle, but the
Commission cannot incorporate it in the enacting terms for reasons of consistency of its
institutional powers. The Commission proposes to make a declaration in the Council
minutes incorporating the substance of amendment 6.6
Amendment No 7 is accepted.
Amendment 5, finally, is not acceptable since it is not possible for budgetary reasons to
increase to ECU 600 million the figure of ECU 450 million currently provided for by the
Council, with the possibility of review in 1997 on the basis of relevant information
supplied by the Commission.
                                                                                          NaT
         Text of the declaration
         "With regard to the evaluation and selection of the measures proposed in sectors other than nature
         protection, the Commission informs the institutions that it intends to carry out pre-selection of the
         proposals followed by classification by order of merit on the basis of the opinion of independent
 ---pagebreak---                                Reexamined proposal for
                                  a Council regulation
                 amending Regulation (EEC) n* 1973/92 establishing
                   a financial instrument for the environment (Life)
Common position of the Council                                 Amended text
 Article 1
 Article 2(1)(b)(iii), first indent
 of Regulation (EEC) No 1973/92
Protection of coastal areas and their
rational management ;                            Protection of coastal areas and their
                                                rational management, of rivers which
                                                flow    into    coastal   areas. their
                                                possible wetlands and the sustainable
                                                management of those areas and r < « — .
  Article 2(1)(b)(iii), third indent
 of Regulation (EEC) No 1973/92
   water protection,    including     waste      management and protection of water
   water treatment                               resources.      including    waste
                                                 contaminated water treatment        or
 ---pagebreak---  Article 1
 Article 2(2)(a)a (new) of
 Regulation (EEC) No 1973/92
                                           (a)a  conservation    or    restoration
                                                  from the point of view of
                                                 nature       protection.        of
                                                  significant      habitats      of
                                                  threatened species of flora and
                                                  fauna;
                   Article 1
Article 2(3) of Regulation (EEC) No 1973/92
  Accompanying     measures    needed   to  Accompanying    measures     needed   to
  monitor, evaluate or promote the          monitor, evaluate or promote the
  actions undertaken under points 1         actions undertaken during the first
  and 2      and     dissemination      of  stage and under points 1 and 2 and
   information on the experience and the    dissemination of information on the
  results obtained of such actions.         experience and the results obtained
                                            of such actions.
                    Article 1
 Article 9(5) of Regulation (EEC) No 1973/92
  Actions provided for in Article 2,        Actions provided for in Article 2,
   point   1(a)    and   their    flanking  point    1(a)   and    their    flanking
  measures shall be subject to the          measures shall be subject to the
  procedure set out in Article 21 of        procedure set out in Article 21 of
   Directive   92/43/EEC;     other   Life  Directive    92/43/EEC;    other    Life
   actions including, where appropriate,    actions    shall    be    approved    in
  procedures     for project     selection  accordance     with    the     procedure
   shall be approved in accordance with     provided for in Article 13 of this
   the procedure provided for in Article    Regulation.    The Commission shall
   13 of this Regulation. The Commission    inform the committees mentioned in
  shall inform the committees mentioned     Article 21 of Directive 92/43/EEC and
   in Article 21 of Directive 92/43/EEC     Article 13 of this Regulation of the
  and Article 13 of this Regulation of      application      of     criteria     and
   the application of criteria and          priorities defined in Article 9a.
  priorities defined in Article 9a.
 ---pagebreak---  ---pagebreak---                                                                    ISSN 0254-1475
                                                            COM(96) 295 final
                                              DOCUMENTS
EN                                                                       14 01
                                    Catalogue number : CB-CO-96-296-EN-C
                                                             ISBN 92-78-05633-2
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