CELEX: 51991PC0362
Language: en
Date: 1991-10-01
Title: Amendment to the proposal for a COUNCIL REGULATION ( EEC ) establishing a financial instrument for the environment ( LIFE )

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  C0M(91) 362 final
                                                  Brussels, 1  October 1991
                            Amendment to the proposal for a
                                COUNCIL RFfi^Ay.ffl f p F n
                        estabtlçhtng a financial Instrument
                             for the environment (LIFE)
               (presented by the Commission pursuant to Article 149(3)
                                  of the EEC-Treaty)
•;i;«si
 ---pagebreak---                             EXPLANATORY HEUORANDUU
   On 31 January 1991 the Commission submitted                  to the Council       the
   proposal   for a Regulation      establIshlng      a Financial     Instrument     for
   the Environment    (LIFE)      (C0U(91)28    final.     The objective     of    this
   action   Is to establish     a financial     Instrument      for the environment
   which provides a coherent financial         framework and Is better         adapted
   to Community action In the field of the             environment.
2. On 13 September 1991 the European Parliament expressed Its                  opinion
   on the Commission's proposal by adopting report PE 146.246/fin                 from
   lir Uuntlngh.
3. At the same sitting        of Parliament       the Commission explained           Its
   reasons for refusing     11 of these amendments and accepting the other
   38.
   The amendments accepted are useful additions               which Improve on the
   Commission's original      text.
4. The attached    text    Is    Intended    to Inform        the Council     of    the
   amendments which the Commission has accepted and Incorporated                In Its
   proposal. pursuant to Article       149(3) of the EEC Treaty.
 ---pagebreak---    OaiRJNA. TEXT                                    AMLNDCD 1EXT
                                 (Amendment No. 1)
                            F i r s t c i t a t i o n a (new)
                                                      Having           regard         to    the    !u_rpjx>an
                                                      P a r l i a m e n t ' s v o t e on t h e 1991 budqet
                                                      and i t s r e s o l u t i o n o f 13 December
                                                       1990(1),
                                                       (1) OJ Ko. C 19, 2 8 . 1 . 1 9 9 1 , p. 220
                                 (Amendment Ho. 2)
                                    Second recital
Whereas, by virtue of Article 130r,                   Whereas, by virtue of Article 130r,
Community action with respect to the                  Community action with respect to the
environment aims, in particular, to                   environment aims, in particular, to
preserve, protect and improve the                     preserve, protect and improve the
quality of the environment, and that                  quality of the environment and to
in the elaboration of this action,                    ensure the careful, rational use of
it will take account, inter alia, of                  natural resources, and that in the
environmental    conditions  in the                   elaboration of this action, it will
different regions of the Community                    take         account,           inter      alia, of
as well as of the economic and                        environmental                conditions       in the
social development of the Community                   different regions of the Community
as a whole and of the balanced                        as well as of the economic and
development of its regions;                           social development of the Community
                                                      as a whole and of the balanced
                                                      development of its regions;
                                 (Amendment No. 3)
                            Second recital a (new)
                                                      Whereas the Community Member States
                                                      should develop solidarity involving
                                                      the transfer of technological know-
                                                      how and shared responsibility for
                                                      proceeding the biological diversity
                                                      of the natural ecosystems in the
                                                      Community; whereas this solidarity
                                                      should also embrace the provision of
                                                      suitable funding;
                                (Amendment No. 4)
                            Second recital b (new)
                                                      Whereas             environmental           measures
                                                      should also be taken to safeguard
                                                      public health and the well-being of
                                                      the Community's                  wild     flora and
                                                      fauna;
 ---pagebreak---      ORININAI. TCXT                           AM'NW.D II.XT
                                  (Amendment No. 6)
                                    Fifth recital
Whereas at its meeting on 25 and              Whereas at its meeting on 25 and
26 June 1990 the European Council              26 June 1990 the European Council
adopted a declaration setting out              adopted a declaration setting out
guidelines for future action by the            guidelines for future action by the
Community          relating    to    the       Community         relating       to    the
environment, in which it indicates             environment, in which it indicates
 that the legislative approach should          that the legislative approach should
be supplemented, where appropriate,            be supplemented, where appropriate,
 by economic and fiscal measures;              by economic and fiscal measures, so
                                               that    environmental      considerations
                                               can be taken fully into account in
                                               other      policy     areas,    pollution
                                               prevented      at   source   and/or    the
                                               polluter-pays principle implemented ;
                                  (Amendment No. 7)
                                   Seventh recital
Whereas an analysis of the budgetary          Whereas an analysis of the budgetary
resources      has   revealed a    rapid      resources      has   revealed    a   rapid
increase          in    environmental         increase          in    environmental
expenditure through a great number            expenditure through a great number
of    financing      sources  answering       of    financing       sources   answering
objectives and constraints inherent           objectives and constraints inherent
to the financial instruments used;            to the financial instruments* used,
                                              with the result that the majority of
                                              them    do    not    give   the    highest
                                              priority to preserving, protecting
                                              and Improving the Quality of the
                                              environment;
 ---pagebreak---     CRIRINW. TEXT                           /TENDED TEXT
                              (Amendment No. 9)
                           Eighth recital a (new)
                                          Whereas, pursuant _to Article 130rjA±
                                          of the Treaty and without pre-\udice
                                          to the entry into force of LIFE,
                                          which is a Community Instrument and
                                           Is based       on the principle of
                                          £_ol idarity, the Member States should
                                          not escape their responsibility for
                                          a     national    environmental   po 1 i c_y_
                                          aimed at the sustainable use of
                                          natural resources!
                               (Amendment No. 10)
                                  Ninth recital
Whereas it is necessary, in order to         Whereas it is necessary, in order to
achieve the aim set by Article 130r          achieve the aim set by Article 130r
of   the Treaty, to define the               of    the   Treaty,   to define the
instrument's      general objectives,        instrument's general objectives, in,
whilst respecting the principle of           fche long and short tern, whilst
concentration      of resources, to          respecting       the    principle      of
specify the main categories of tasks         concentration      of   resources, to
assigned to it as well as to define          specify the main categories of tasks
the types of measures LIFE may               assigned to it as well as to define
support; that these measures may aim         the types of measures LIFE may
to complete actions already decided          support; that these measures may aim
on and implemented, particularly for         to complete actions already decided
the protection and safeguard of              on and implemented, particularly for
forests;                                     the protection and safeguard of
                                             forests;
                               (Amendment No. 11)
                             Ninth recital a (new)
                                             Whereas it is necessary, in order to
                                             achieve the aim set by Article 130r
                                             of   the    Treaty,   to   adopt both
                                             preventive and restorative measures
                                             to Improve the environment; whereas<
                                             In this case, prevention Is the most
                                             effective method and should be given
                                             preference;,
                                                                                        S
 ---pagebreak---    QRJRINAL TEXT                                      AMENDED TEXT
                                  (Amendment No. 12)
                               N i n t h r e c i t a l b (new)
                                                        Where a s t he Eu r opoan Pa r 1 i a men t _ has
                                                        JT.Ç1?<1§ t ed ly_ i n s i s t ed _p_n _th.e_negd ..for
                                                        c o h e r e n c e ^ i n p a r t i c u l a r w i t h a view
                                                        t o t h e d r a w l n g - u p of t h e 1990 and
                                                        19 9 % b u d g e t s              and        has,     more.
                                                        precisely.             advocated           a    Financial
                                                        Instrument                         the       Environment
                                                        (LIFE)           capable        of       tackling       the
                                                       problems               to    be         resolved         and
                                                       commensurate with the role which the
                                                       Community has to play in this area;,
                                  (Amendment No. 14)
                                    Eleventh recital
Whereas in order to ensure LIFE'S                      Whereas in order to ensure LIFE'S
greater financial efficiency and to                    greater financial efficiency and to
respond    better   to   beneficiaries'                respond             better      to       beneficiaries'
aspirations,      close   consultations                aspirations,               close           consultations
should be instituted between the                       should be instituted between                             the
Commission,       the   Member      State              Commission,                the         Member         State
concerned and the other economic and                   cdiid&rned and the other economic and
social partners concerned by the                       eocfal partners and NGOs concerned
operations of LIFE, with each party                    by the operations of LIFE, with each
acting as a partner, within the                        party acting as a partner, within
framework of its responsibilities                      the              framework                    of        its
and powers, in the pursuit of a                        responsibilities and powers, in the
common goal;                                           pursuit of a common goal;
                                 (Amendment No. 15)
                              Twelfth recital a (new)
                                                       Whereas, because of the Increase in
                                                       economic              activity         following         the
                                                       completion of the internal market,
                                                       the Community's environment will be
                                                       placed under further stress; whereas
                                                       the        Community         therefore           has    the
                                                       obligation to adopt                       environmental
                                                       measures              to   combat,            and     wh e re
                                                       possible             prevent,        the       additional
                                                       pollution of the environment it has
                                                       caused;
 ---pagebreak--- ORIMNAL TEXT                                                           AMENDED TEXT
                                                      (Amendment N o . 1 6 )
                                                      Fourteenth r e c i t a l
whereas i t i s necessary t o e s t a b l i s h                              Whereas            mon i t o_r; i_ng_,     c o n t to 1     and
effective              methods         of    monitoring,                     e v a l u a t i o n ,_must be e f f e c t i v e ._arid
a s s e s s m e n t and e v a l u a t i o n a s w e l l a s                  w.nereas,           therefore,           there        i s _an
t o ensure adeguate Information                               for            v r g e n t n e e d f o r i n f o r m a t i o n t o be
p o t e n t i a l b e n e f i c i a r i e s and f o r t h e                  widely           available          to     the       general
publjçx                                                                      publ 1c,              the       social          __pa r t n e r s
                                                                             £° n c e r n e d          and       the         pot e nt i a1
                                                                             beneficiaries;
                                                     (Amendment N o . 1 8 )
                                             F i f t e e n t h r e c i t a l b (new)
                                                                           Whereas             LIFE       and       its       expansion
                                                                            i n t o a f u l l financial instrument i s
                                                                           an a b s o l u t e p r e r e q u i s i t e and p e r h a p s
                                                                           even t h e l a s t opportunity for the
                                                                           development                      of       «       European
                                                                           e n v i r o n m e n t a l p o l i c y w h i c h Can d e a l
                                                                           effectively                with      the       Community's
                                                                           immense e n v i r o n m e n t a l p r o b l e m s and
                                                                           ensure the continued e x i s t e n c e                        of
                                                                           t h e p e o p l e o f Europe i n a h e a l t h y
                                                                           environment;,
                                                      (Amendment No. 2 0 )
                                                            A r t i c l e 1(3)
3 . LIFE s h a l l i n c o r p o r a t e e x i s t i n g                     3 . LIFE s h a l l i n c o r p o r a t e             existing
financial                instruments!                Council                 financial                instruments:                Council
R e g u l a t i o n (EEC) No. 2 2 4 2 / 8 7 o f 23                           Regulation               (EEC)      No.       2242/87        of
J u l y 1 9 8 7 o n a c t i o n by t h e Community                           23 J u l y         1987       on      action         by     the
r e l a t i n g t o the environment1                      (ACE)              Community                  relating                to       the
a s w e l l a s C o u n c i l R e g u l a t i o n (EEC)                      environment1                 (ACE)        as       well       as
No.              / 9 1 of                  1991 r e l a t i n g              C o u n c i l R e g u l a t i o n (EEC) No. 5 6 3 / 9 1
to        a     Community            action       for         the            of       4 March            1991       relating          to    a
p r o t e c t i o n of t h e environment i n t h e                           Community a c t i o n f o r t h e p r o t e c t i o n
M e d i t e r r a n e a n r e g i o n (MEDSPA).                              of         the         environment                 in       the
                                                                             M e d i t e r r a n e a n r e g i o n 2 (MEDSPA), t h e
                                                                             C o u n c i l R e g u l a t i o n on a c t i o n by t h e
                                                                             Community                 relating           to        nature
                                                                             conservation                  (ACNAT)^-            and      the
                                                                             Council              Regulation            on        specific
                                                                             a c t i o n _ t P -JPr.OteçJt.Jthe ^DYXrOj^ejit In
                                                                             t h e ç o a e t a l a r e a s and c o a s t a l w a f e r s
                                                                             of t h e I r i s h S e a , North S e a , B a l t i c
                                                                             S e a and N o r t h E a s t A t l a n t i c Ocean
                                                                              (NORSPA)*-.
T                                                                            1
    OJ No. L 2 0 7 , 2 9 . 7 . 1 9 8 7 ,         p.8                             OJ No. L 2 0 7 , 2 9 . 7 . 1 9 8 7 , p . 8
                                                                             2
                                                                                 OJ No. L 6 3 , 9 . 3 . 1 9 9 1 , p . 1
                                                                             3
                                                                                 COM(90> 0 1 2 5
                                                                             4
                                                                                 COMf90) Q498
                                                                                                                                             +
 ---pagebreak---     O&IRINAL TEXT                              AMENDED TEXT
                                   (Amendment No. 21)
                                    Article la (new)
                                                LIFE'S              purpose           shall         be     to
                                                c o n t r i b u t e t o the implementation of
                                                Community l e g i s l a t i o n with regard to
                                                nature and t h e environment __and_ of
                                                1
                                                   he o b j e c t ivos             of the eu r r_o n t
                                                e n v i r o n m e n t a l _. «_ÇJLi°J? p r o g r a m m e by
                                                financlngi
                                                1. priority programmes and actions
                                                in the environmental sector In the
                                                Community/
                                                2. programmes                  and actions under
                                                international agreements of which
                                                the Community is a signatory;
                                    (Amendment No. 23)
                                       Article 3(1)
1. By 30 September each year, ths                 1. B y 30 September each year, the
Commission        shall   establish, Jj}          Commission                shall      establish the
accordance with the principle of                  specific objectives.                   The relevant
concentration,       after consu11at ion          performance                 indicators         and the
with the Committee provided for in               criteria to b e ueed o h a l \ also be
Article 13 and on the basis of ths                eAtâkl lehed.               This shall occur in
provisions of this Regulation and of              consultation                 with     the advisory
the Community action programme for               committee referred t o in Article 13
the       environment,     the    general         and o n t h e basis of the provisions
objectives        and   the   plurlannual        of       this         Regulation        and of the
operations as well as the related                current Community action programme
performance        Indicators    and the          for t h e environment * The .Commission
criteria governing the choice Of                  shall          Immediately           publish          thejs.
i.QdJ.yldual measures to be financed             objectives               and crUerU U? %h&
                                                 Official Journal oJ U n fyropgAP
by .ill?!?-!.
                                                 Communities.
                                                                                                               *
 ---pagebreak---    ORIRINAL TEXT                                                    AMENDED 1LXT
                                                  (Amendment No. 24)
                                                       A r t i c l e 3(2)
2. However, i n the course o f an                                        2*± However, i n t h e c o u r s e of an
initial           phase covering 1991                   and              initial          phase         covsring     1991        and
1992,           LIFE        shall          finance      the               1992,          LIFE        shall      finance           the
f o l l o w i n g a c t i o n s as a p r i o r i t y !                   f o l l o w i n g a c t i o n s as a p r i o r i t y !
- a c t i o n s answering the e l i g i b i l i t y                      !..      actions               answering                the
    criteria                of         the     existing                           eligibility            criteria       of        the
    environmental                            financial                            existing                 environmental
    instruments (ACE, MEDSPA)|                                                    financial             instrumente           (ACE,
                                                                                  MKD5PA, NORSPA, ACNAT1*
    actions               aiming          to    resolve                  11« a c t i o n s          aiming      to       resolve
    p a r t i c u l a r l y s e r i o u s environmental                           p a r t i c u l a r l y           serious
    problems o r problems of p a r t i c u l a r                                  environmental               problems             or
    Community I n t e r e s t ;                                                   problems               of      particular
                                                                                  Cotnsninity i n t e r e s t ;
   technical assistance and financial                                 i i i ) technical assistance and financial
   support actions in t h i r d countries                                      support actions in third countries
                                                                       b . In a d d i t i o n ,          a  start    shall        be
                                                                       made oni
                                                                        1. th<             implementation            of         the
                                                                                general objectivée in Article 2;
                                                                       11.. actions which                   are aimed            at
                                                                                 providing            industrial       sectors
                                                                                with a Community based approach
                                                                                to        existing            or       future
                                                                                environmental problems related
                                                                                to these branches of industry.
 ---pagebreak---    <VlRiNAL TEXT                                AMENDED TEXT
                                    (Amendment No. 25)
                                      Article 3a (new)
                                                  Conditions
                                                  P.JÇi.°J-S % Y_ ...8_h a 1 i          be    g^iy e n    to
                                                  programmes and actions t.
                                                  a
                                                   . • where          a Community           lnteres t      is
                                                       concerned,
                                                  b. w h e r e             the       pol^tet-payg
                                                       princjjgle_sappot be appUedu.
                                                  c. which are aimed a t a s u s t a i n a b l e
                                                       use o f natural r e s o u r c e s ,
                                                  d. w h i c h            are      clearly        of       a
                                                       transnational.                  Community         .or
                                                       i n t e r n a t i o n a l nature,
                                                  e . which are d e s i g n e d t o be more
                                                       s t r i n g e n t than t h e Community's
                                                       environmental                   standards         or
                                                       leg i s l a t ion            or     which        are
                                                       intended             to     meet    these      more
                                                      ffuicfclVi
                                                 J?_«_.wh.i£h _maJse _a_ ma j o r ç o n t r j b u \ 1 on
                                                      to        Community          legislation       with
                                                      regard              to     nature       and      the
                                                      environment,
                                                 g. where the p r i n c i p l e of Community
                                                      solidarity                is     essential       for
                                                      s o l v i n g problems r e l a t i n g t o the
                                                      »nvU.9Dffltnt. and n>tv,ftt
                                   (Amendment No. 2 6 )
                         A r t i c l e 4, points (a) to (a)
(a) part-financing of programmes}                (a) Xpert), financing of programmes;
(b) part-financing of projects/                  (b) Xpartl financing of operations;
(c) interest subsidies;                          (c) interest subsidies;
(d) reimbursable subsidies;                      (d) reimbursable subsidies;
(e) support ior technical assistance             (e) s u p p o r t               for       technical
    and studies in preparation for                        assistance and operations.
    operations.                                  lea) Investment subsidies.
                                                                                                          jo
 ---pagebreak---      ORJklNAL TEXT                         AMENDED TEXT
                            (Amendments Nos. 46 and 27)
                                        Article 7
                                                    To t h i s end, national partnership
                                              committees shall be established, in
                                               the Member States                    in order to
                                               prepare and monitor the execution of
                                              the operations financed by LIFE,
                                              These committees, with 10 to 15
                                              members,                     shall        comprise
                                              representatives of .the competent
                                              authorities and representatives of
                                              the          environmental              movements,
                                              consumer oroanlgatlons. Industry and
                                              t r a d e union» and/or                  Independent
                                              experts.
                                                        For the               transnational         or
                                              transsectoral                    operations,        the
                                              Commission               shall       establish        an
                                              appropriate partnership committee at
                                              Community l e v e l .
                              (Amendment No. 28)
                   Article 8, f i r s t subparagraph a (new)
                                              Until            31       December        1992      the
                                              appropriations                    voted    for      t he
                                              o b j e c t i v e s . l i s t e d 1 n, Art i c j e 3.i2±
                                              s h a l l be specified separately in
                                              the budget.                This shall also apply
                                             to         the        financial          Instruments
                                              referred t o In Artjcje 3(2.ab.
                              (Amendment No. 31)
                   Article 8, second subparagraph c (new)
                                              If the sums provided relate to
                                              programme» or actions which, on the
                                             basis             of       the      polluter        pays
                                             principle,             are recovered by the
                                             Member States from the polluter.
                                             the Member State» shall pay the
                                              s u b s i d i e s provided by the Community
                                             back t o the Commission, which shall
                                             again a l l o c a t e them for LIFE.
                             (Amendment No. 32)
                                   Article 9
  Differentiation  of    ratee      of       Differentiation                     of    ratee       of
  assistance                                 aaeletance and financial c r i t e r i a
   K
*                                                                                                      ^
 ---pagebreak---     CkiKÏNAL ÎLXT                            A'-ÏN'^D U.XT
1. Trie Commu;- il. y contributions to the    1. The Community contributions to
financing     of    opérât i on s s h «11 be  the financing of operations shall be
differential fd in the light of the           differentiated in the light of the
foliovinçs                                    foilowingi
  the seriousness of the specific,                the seriousness of the specific,
  notably      regional,      environmental       notably regional, environnant a 1
  problème to be tackled;                         problems to be tackled;
  the special        importance   attaching       the special importance attaching
  to the measures frcT» a         Community       to the measures from a Community
  viewpoint;                                      viewpoint for the protection of
                                                  the    natural   heritage    and   for
                                                                           f
                                                  public-, health;           '
- the capacity of the country or of               the capacity of the country or
  the beneficiary to contribute.                  of the beneficiary to contribute
                                                   (principle of solidarity).
?. Th<? rates of Community assistance         2. The rates of Community assistance
granted under LIFE shall be subject          granted under LIFE shall be subject
to the following ceilings:                   to the following ceilings*
                                              -   a maximum of 15% in the case of
                                                  investment subsidies^
  a maximum of 30% of the total cost         -    a maximum of      30% of the total
  in      the     case      of    private         cost    in the    case of     private
  investments;                                    investments;
  a maximum of 50% of the total cost              a maximum of 50% of the total
  in the case of public investments               cost    in   the   case   of   public
  and      pilot      or   demonstration          investments        and   pilot     or
  projects ;                                      demonstration projects;
  exceptionally, a maximum of 75% of              exceptionally, a maximum of 75%
  the cost in the case of biotopes                of   the cost     in the case      of
  or habitats of Community interest;              biotopes       or    habitats      of
                                                  Community       interest.         The
                                                  Commission can decide to.bear up
                                                  to 100% of the costs if plan t s
                                                 or animal spec!es are *t risk of
                                                 extinction;
- exceptionally, a maximum of 100%                exceptionally, a maximum of 100%
  of the total cost in the case of               of the total cost in the case of
  measures destined to acquire the               measures destined to acquire the
  information required to undertake               information         required       to
  an action as well aa for technical             undertake an action as well as
  assistance.                                     for technical assistance.
                                             -    exceptionally, a maximum of 100%
                                                 of the total cost in the case of
                                                 urgent       actions     where     the
                                                 polluter is npt yet known. When
                                                 the polluter has been identified
                                                 the costs should be recovered
                                                 from him in accordance with the
                                                 procedure in Article 0, second
                                                 subparagraph c.
                                                                                         M,
 ---pagebreak---    OUIRJNAL 1EXT                                                           AMENDED TEXT
                                                    (Amendment No. 34)
                                A r t i c l e 1 0 ( 3 ) , second subparagraph (new)
                                                                       c)
                                                                            ïkt—Commlsslon ehal \__^yr\Ç^mrjl_ l^LS
                                                                            choice bv 30 Juna At frjmj nrmt ,
                                                         (Amendment No. 35)
                                                      A r t i c l e 1 0 ( 5 a ) (new)
                                                                                5
                                                                                 . *• _Jhe _ jCommJ ss i on J h a y .             publ i s h
                                                                                        t h e proqr arames and o p e r a t i o n s
                                                                                        chosen                                           in
                                                                                        the Offici.nl Journal.
                                                         (Amendment Nc. 36)
                                                     Article 10(5b) (new)
                                                                                5b. The Commission may d e c i d e                       to
                                                                                        Institute                 a    six-monthly
                                                                                        a p p l i c a t i o n procedure.
                                                        (Amendment No. 37)
                                                               A r t i c l e 31
without p r e j u d i c e t o checks c a r r i e d                             1. In o r d e r t o ensure t h e s u c c e s s of
out         by       national            authorities               in          t h e a c t i v l t i e s c a r r i e d out by t h o s e
accordance               with           national           l.aw8,_             receiving                   financial         a i d , t h e
requ 1 at i o n s            and           administrative                      Comm l a s i o n              sha 1 1     adopt        the
p r o v i s i o n s , and without prejudice t o                                n e c e s s a r y measures:
f r t l c l e 206 of t h e Treaty or t o any                                         t o v e r i f y and monitor t h a t t h e
i n s p e c t i o n c a r r i e d out on the b a s i s                               operations                financed        by      the
of A r t i c l e 2 0 9 ( c ) of t h e Treaty, t h e                                  Community                are     carried         out
Commission may carry out o n - t h e - s p o t                                       properly;
checks             in     conformity               with         the            - to             prevent           and     deal      wit h
procedures s e t out in t h e f i n a n c i a l                                      irregularities;
r e g u l a t i o n s , i n c l u d i n g sample checks,                       - t o r e c o v e r funds l o s t through
in r e s p e c t of a c t i o n s financed by                                        abuse or n e g l i g e n c e .
LIFE, and may examine t h e c o n t r o l
systems and measures e s t a b l i s h e d by                                  2 . Without p r e j u d i c e t o the checks
n a t i o n a l a u t h o r i t i e s , which inform                          carried               out       by    ths     Court       of
the Commission o f t h e measures taken                                       A u d i t o r s in c o n j u n c t i o n with t h e
in t h i s r e s p e c t .                                                     national                  control        bodies          or
                                                                               s e r v i c e s , pursuant t o A r t i c l e 206a
                                                                              of         the         Treaty,         and     all      the
                                                                               i n s p e c t i o n s c a r r i e d out pursuant t o
                                                                              Article               209c        of    the       Treaty,
                                                                              o f f i c i a l s and other s t a f f of the
                                                                              Commission                     may     monitor          the
                                                                              activities                   financed       under       the
                                                                              Community               project       on     the     spot,
                                                                              including                 by     mean»      of     sample
                                                                              check».
                                                                              The Commission s h a l l                   inform the
                                                                              b e n e f i c i a r y In advance of an on-
                                                                              t h e - s p o t check only when there are
                                                                              good r e a s o n s t o auopect fraud and/or
                                                                              improper u s e .
                                                                                                                                            JS>
 ---pagebreak---       ORIRINAL TEXT                            AMENDED    TEXT
                                                3. The recipient of financial _a_id
                                                shall hold a 1J^ doc ua entary e vi d en c e
                                                of expenditure . a.ej»ocia_ted.._w.it h_ _th§
                                                project at the disposal of the
                                                Convoieslpn for five years after the
                                                last payment for a project.
                                   (Amendment No. 38)
                                   Article 11a (new)
                                                1       The       Commission        can    reduce,
                                                suspend or reclaim the payment of
                                                financial aid granted for a project
                                                Af_ it becomes apparent that there
                                                has been abuse or If a significant
                                                change hae been made in the project
                                                which conflicts with the nature or
                                                implementing             conditions       of    the
                                                project and where the Commission's
                                                approval has not been sought.
                                                2. If the deadlines have not been
                                                observed or If oply a part of .the
                                                aJL l o c a t e d      flpancjaj         aid     Is
                                                justified            by    the     progress      In
                                                Implementation of a project, the
                                               Commission              shall      request      ths
                                               bene flc1ary               to      submit       its
                                               ob s e r v a t l o n s    to    the     Commission
                                               within a specified period.                   If the
                                               beneficiary              does     not     give     a
                                               satisfactory answer, the Commission
                                               ma y cancel th e remaining financial
                                               aid and request the repayment of
                                               money paid out at an earlier stag».
                                               3. Any undue payment must be repaid
                                               to the Commission.              Interest can be
                                               added to any sums not repaid within
                                               the deadline set.                The Commission
                                               shall         establish         more      detailed
                                               provisions for the Implementation of
                                               this paragraph.
                                  (Amendment No. 39)
                                       Article 12
The Commission shall ensure that the            1. The Commission                  shall     ensure
X. m p l c m e n t a t l o n of Community.      effective             monitoring          or    the
operations Is efficiently monitored             implementation                 of      Community
and evaluated on the terms set out in           operations.            This monitoring shall
t he_Dec i s ion. Contract or Agreement t       take place on the basis of reports
                                                drawn up using the procedures agreed
                                               by       the        Commission           and     the
                                               heneflgUrv a,nd shall also involve
                                                                                                    M
 ---pagebreak--- C m RI'J*. TEXT                   AMENDED TEXT
                                    The        Cofftfrlgsiop        _eh_lj     submit.. _ a n
                                    annual            report        to     Uie_._J?urc'.pea_
                                    Parliament and t h e Council on the
                                    1 tap 1 e men t a t i o n           of     Comm u n i t y
                                    operationsv
                                    2. For e a c h p l u r i a n n u a 1 a c t i on. _ t he
                                   beneficiary             shall       submit p r o g r e s s
                                    r e p o r t s t o t h e Commission at t h e
                                    latest            »ix      months         after      the
                                   c o n c l u s i o n of e a c h f u l l Implementing
                                   year.                Within         six     months     of
                                   completion of t h e project a final
                                   r e p o r t s h a l l a l s o be forwarded t o
                                   t h e Commission                  For each p r o j e c t
                                    lasting less              than two y e a r s         the
                                   b e n e f i c i a r y s h a l l Bubmlt a report t o
                                   the Commission w i t h i n s i x months of
                                   the         project's          completion.            The
                                   Commission s h a l l determine t h e form
                                   and c o n t e n t of t h e s e r e p o r t s .
                                   3. On t h e b a s i s of t h e monitoring
                                   procedure» and r e p o r t » r e f e r r e d t o
                                   In ( 1 ) and ( 2 ) t h e Commission s h a l l
                                   i f n e c e s s a r y a d j u s t t h e s c a l e or the
                                   condition»            of       allocation        of   the
                                   o r i g i n a l l y approved f injinçjLal a i d
                                   *Qd__aIJBO t h e t i m e t a b l e for paymentB^_
                                   4.        The        conclusion»             of      this
                                   e v a l u a t i o n and m o n i t o r i n g s h a l l be
                                   p u b l i s h e d i n t h e O f f i c i a l Journal of
                                   the European Communities.
                (Amendment No. 40)
                A r t i c l e 12a (new)
                                  The European Environment Aoency
                                  The European Environment Agency may
                                  assist            the    Commission          wltfr    the
                                  t a s k » r e f e r r e d t o in t h e preceding
                                  Articles.
                                                                                              js
 ---pagebreak---    ORIRINAL TEXT                           AMENDED TEXT
                               (Amendment No. 42)
                            Article 14, first indent
  making potential beneficiaries and         -  making potential beneficiariesx
  trade organizations aware of the              trade organizations     and NGOs
  opportunities     afforded   by the           aware    of  the   opportunities
  action;                                       afforded by the action;
                               (Amendment No. 53)
                       Article 14, final paragraph (new)
                                            The list of measures and the amount
                                            of financing granted them bv the
                                            Commission shall be published each
                                            year in the Official Journal of. the
                               (Amendment No. 43)
                          Article 15, first paragraph
The Council shall re-examine this           The Council shall re-examine this
Regulation for the first time on the        Regulation for the first time on the
basis of the experience acquired,           basis of the experience acquired,
taking      account   of   budgetary        and in the light of the opinion of
forecasts, and on a proposal from the       the European Parliament,       taking
commission to be submitted before           account of budgetary forecasts, and
31 December 1992.                           on a proposal from the Commission to
                                            be    submitted before   31 December
                                            1992.
                                  (Amendment No. 54)
                                      Article 16
                                            This provision shall also apply to
                                            the proposals for regulation» ACNAT
                                            and NORSPA if they have already been
                                            adopted when this Regulation come»
                                            lato force.
                                                                                  A
 ---pagebreak---           i,.-rf,.
                          Amended text of the
A. Action within the Community
1 • Promotion of sustainable development and the quality of life
         Action aiming to:
         promote the development of new techniques and methods of measuring
         and monitoring the quality of the environment;
         promote the development of new clean technologies, I.e. which cause
         little or no pollution and which may also be more economical in
         their use of resources;
         promote the development of techniques for recycling and re-using
         waste, Including waste water ;
         promote the development of techniques for locating and restoring
         sites contaminated by waste and/or hazardous substances;
         accelerate the application of emission standards in sectors
         responsible for substantial point source pollution, in particular
         In the case of small and medium-sized enterprises;
         promote the development of regional planning and management models
         and socio-economic activities consistent with the objective of
         sustainable development, which are likely to ensure the careful and
         rational use of natural resources, especially In the field of
         transport, tourism and development of urban areas;
         contribute to a reduction in the dumping Into water of bio-
         accumulable pollutants;
         improve the quality of urban life, in both central and outlying
         areas.
                                                                         /t
 ---pagebreak---                                      - 2 -
2• Protection of habitats and nature conservation
   Act ion aIming to:
         maintain or re-establish biotopes providing refuge for endangered
         species or seriously threatened habitats of particular Community
          interest;
         contribute to the Implementation of measures to maintain or re-
         establish endangered species under Directive 79/409/EEC;
         contribute to the implementation of measures to maintain or re-
         establish types of natural habitats of Community interest and the
         species of animals and plants of Community interest listed in Annex
         contribute to the protection of soil threatened or damaged by fire,
         desertification, coastal erosion or the disappearance of dunes;
         contribute to the protection and promotion of habitats and greon
         spaces in urban areas.
3. Administrative structures and environmental   services
   Act ion aiming to:
         promote the pooling of resources and encourage greater cooperation
         between the Community countries' national administrations, with
         particular emphasis on the resolution of transfrontier and global
         environmental problems;
         promote the development and use of services able to help
         enterprises and administrations find solutions consistent with
         sustainable development;
         promote the fitting out, modernization and development of
         monitoring networks with a view to reinforcing environmental
         leg i s t at ion;
                                                                         M
 ---pagebreak---                                      - 3 -
A. Education, training and information
   Act ion aiming to:
         promote a better understanding of the problems involved, thereby
         encouraging behaviour consistent with environmental objectives, in
         particular with the help of Instruments such as environmental
         auditing and the eco-label;
         promote environmental education In various administrative and
         professional fields;
         promote environmental education at the various stages of education
         (primary, secondary and higher), In particular by promoting
          information, exchange of experience, training and educational
         research;
         ensure the dissemination of knowledge relating to sound
         environmental management, in particular knowledge acquired under
         programmes and projects financed by the financial instrument for
         the environment (LIFE).
B. Action outside, the Community
   Act Ion aiming to:
         promote the creation of the necessary administrative structures in
         the field of the environment;
         provide the technical assistance necessary for establishing
         environmental policies and action programmes;
         encourage the transfer of appropriate environment-friendly
         technologies and promote sustainable development;
         provide assistance to non-member countries faced with urgent
         environmental problems.
                                                                        A
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(91) 362 final
                                                      DOCUMENTS
EN                                                                              14
                                 Catalogue number : CB-CO-91-412-EN-C
                                                             ISBN 92-77-75906-2
Office for Official Publications of the European Communities
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