CELEX: 51978PC0169
Language: en
Date: 1978-04-24
Title: Proposal for a Council Regulation on a common measure for forestry in certain dry Mediterranean zones of the Community (submitted to the Council by the Commission)

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DOCUMENTS "COM"
COM (78) 169
Vol. 1978/0056
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                  COM(78)169 final.
                                ^                                 Brussles, 24 April 1978 .
                      Proposal for a Council Regulation on a
                      common measure for forestry in certain
                     dry Mediterranean zones of the Community
                  ( submitted to the Council by the Commission )
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 ---pagebreak---                    EXPLANATORY MEMORANDUM
- Following its communication entitled "Guidelines concerning the
  development of the Mediterranean regions of the Community, together
  with certain measures relating to agriculture (COM (77 ) 526 final ),
   the Commission is forwarding to the Council the attached draft
   Regulation .
- This draft concerns forestry problems which are particularly serious
   in the dry Mediterranean areas . They are closely linked to the agri­
   culture of the Mediterranean region , where intensive land clearance
   and heavy grazing have resulted locally in a drop in the quality of
   the soil , erosion or even, in extreme oases , the formation of deBert
    landscape .
 - To protect the soil against this process and to create the conditions
    required to bring about a satisfactory water balance , a programme of
    forestry measures is proposed, adapted to local conditions and require­
    ments , in particular in hill and mountain areas . At the same time such
    measures would lead to timber production- and to more employment both
    directly in the forest itself and indirectly in the wood processing
    industries , thereby improving the living standard of the agricultural
    population .
 - Community intervention is needed because the Member States concerned
    cannot meet all these requirements . As the present possibilities for
    financial intervention by the Community are inadequate , the Commission
    has decided to submit to the Council the draft Regulation in question
    concerning joint action by the EAGQF. Although this Regulation does not
    deal with the other possibilities for Community intervention such as the
    Regional Development P\ind, the Social Jlmd and the research and study
    budgets , all Community instruments must intervene in a coordinated way .
 - The additional tasks arising from the implementation of the attached
    draft Regulation will make it neoessary to increase existing Commission
    staff by two , one grade A 5/4 official and one grade C 3/2 offioial .
 ---pagebreak--- THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 43 thereof ,
Having regard to the proposal from the Commission,
                                                           1
Having regard to the Opinion of the European Parliament
                                                                     2
Having regard to the Opinion of the Economic and Social Committee ,
     Whereas in accordance with Article 39(2 ) ( a ) of the Treaty account
     should be taken, in working out the common agricultural policy, of
     the social structure of agriculture and the structural and natural
     disparities between the various agricultural regions ;
     Whereas in order to achieve the objectives of the common agricultural policy
     referred to in Article 39(1 ) (a ) and (b ) special measures appropriate
     to production conditions in the less-favoured agricultural areas
     should be taken at Community level ;
     Whereas the aid for forestry measures with which this Regulation is
     concerned is designed to supplement common agricultural measures
     relating particularly to the Mediterranean regions of the Community ;
     Whereas the dry Mediterranean zones of the Community have particular
     problems concerning erosion, the water-holding capacity of the soil and
     fire risks;
  OJ No C
2 OJ No C
 ---pagebreak--- Whereas forestry measures are generally connected with and can contribute to
- the conservation and /or improvement of the soi I , the fauna , the flora
  and the surface and ground water balance ;
- the productivity of agricultural land by forming windbreaks and
  shelter belts and by its effect on local water and weather conditions ;
Whereas the forest can help provide for a better use of manpower in
agriculture ;
Whereas, in order to make afforestation economically more attractive,
it is necessary to encourage better forest management ;
Whereas it is necessary to require as a condition of Community financial
participation that a satisfactory guarantee be produced as to the efficacity
of such measures ;
Whereas measures of this kind which concern relatively large geographical
units should normally take the form of multiannual programmes ;
Whereas , in order to ensure coordination between Community and national
measures, the Member State concerned should have approved the programmes
to be financed by the European Agricultural Guidance and Guarantee Fund ,
hereinafter called " the Fund" and should contribute to their financing ;
 ---pagebreak---                                      - 3 -
     Whereas , in order to ensure that the recipients of aid from the Fund
     comply with the conditions on which it is granted, there should be
     provision for an efficient control procedure and for the suspension,
     reduction or withdrawal of aid from the Fund ;
     Whereas , in view of the special difficulties of these regions , it
     would be appropriate for the Community to provide aid from the Fund
     in the form of a capital grant equal to 50% of the investment ;
     Whereas , in the premises, the action described above constitutes a
     common measure within the meaning of Article 6 of Council Regulation
     ( EEC ) No 729/70 of 21 April 1970 on the financing of the common agricultural
     policy ;
     Whereas the programmes submitted by Member States require the approval
     of the Commission after consultation of the Standing Committee on
     Agricultural Structures set up by Article 1 of the Council Decision
     of 4 December 1962 on the coordination of policies on the structure
                     2
     of agriculture ; whereas consultation of the Fund Committee referred
     to in Article 11 of Regulation ( EEC ) No 729/70 should also be
     provided for ;
     Whereas the necessary steps should be taken to facilitate the financing
     of the investments provided for, so as to meet particular urgent needs
     and to help start the measures to be undertaken,
HAS ADOPTED THIS REGULATION :
  0J No L 94, 28.4.1970, p. 13
2 0J No 136, 17.12.1962, p. 2892/62
 ---pagebreak--- Article 1
       In order to raise the Living standard of the agricultural population
      of certain dry Mediterranean zones of the Community , a common measure
       shall be established to improve the conditions that hamper agriculture ,
      both the geophysical conditions and those connected with crop cultivation,
       and including the conservation of the soil .
       The Common measure shall involve the financial participation of the
       Guidance Section of the European Agricultural Guidance and Guarantee
       Funds ( EAGGF ) of the Commission in forestry measures which meet the
       conditions laid down in Titles I and II and subject to the conditions
       and in accordance with the detailed rules laid down in Titles III and
       IV .
                                     TITLE I
                                Outline programme
Article 2
The outline programme shall concern afforestation, the improvement of
deteriorated forests , the construction of forest roads and supplementary
measures such as research , in Italy in the Mezzogiorno, Lazio, Tuscany ,
Liguria, Umbria, Marche and in France in the following departements :
Alpes de Haute Provence, Alpes Maritimes, Ardèche , Aude, Bouches du Rhones ,
 Haute Corse, Corse-Sud, Gard, Hérault , Lozère, Pyrénées Orientales , Var and
Vaucluse . This outline programme shall be drawn up by the Member State
 concerned .
 Article 3
 The outline programme shall specify :
 a ) the geographical area covered ;
 b) the order of magnitude of the various forestry measures to be undertaken;
 c ) the preliminary measures proposed, such as the collection of data
     and appropriate research work;
 d ) the links with the general regional development programme .
 Article 4
 1 . The outline programme and any amendments thereto shall be forwarded
     to the Commission by the Member State concerned .
 2 . At the request of the Commission the Member State concerned shall provide
     additional information on the points listed in Article 3 .
 ---pagebreak---                                    - 5 -
Article 5
The outline programme and any amendments thereto shall be approved in
accordance with the procedure provided for in Article 15 .
                                     TITLE II
                                Special programmes
Article 6
For the purposes of this Regulation, a special programme shall mean any public
multiannual programme relating to forestry measures for one or more
specific geographical areas covered by the outline programme or for a large
part of such an area . The special programme shall consist of one or more
projects to be implemented on land which may be public , semi-public or private .
Article 7                                        %
1 . The special programmes shall be part of the outline programme and shall
     meet the conditions laid down therein .
     They shall include the following additional information :
     a ) the purpose of the programme , describing the existing situation and
          the objectives to be attained;
     b) the area to which the programme relates , giving precise geographical
          information of the site of the work and of the areas which will benefit
          from the measures;
     c ) the resources to be employed, including the description and quantification
          of equipment , labour and finance;
     d ) the timetable for the programme, broken down by stages;
     e ) the areas to be included by categories of land ownership .
2 . The special programmes shall satisfy one or more of the following criteria :
     a ) they shall be located in regions which have special difficulties with
          erosion and with the water-holding capacity of the soil ;
     b) they shall relate to areas which are of general concern to an important
          catchment area ;
      c ) they shall include measures to mitigate the disadvantages arising from
          the fragmentation of property .
 3 . The special programmes shall
          - provide an adequate guarantee as to their efficacity;
          - contribute to the improvement of the environment .
 ---pagebreak---                                       - 6 -
                                    TITLE III
                  Procedure for examining special programmes
Article 8
1 . Applications for aid from the Fund for special programmes shall be
     submitted through the Member State concerned .
2 . To be eligible for aid from the Fund, special programmes shall have been
     approved by the Member State concerned .
3 . Applications for aid shall be accompanied by evidence that the special
     programme satisfies the conditions laid down in Title II .
4 . The form and contents of the applications shall be laid down in accordance
     with the procedure provided for in Article 15 , after consultation of
     the Fund Committee on the financial aspects .
Article 9
1 . The granting of aid from the Fund shall be decided in accordance with
     the procedure provided for in Article 15 , after consultation of the
     Fund Committee on the financial aspects .
2 . The decision shall be notified to the Member State concerned and to the
     agency responsible for implementing the special programme .
                                    TITLE IV
                        Financial and général provisions
 Article 10
 1 . The period envisaged for completion of the common measure shall be five
     years from the date when this Regulation takes effect .
 2 . Before the expiry of the period referred to in paragraph 1 , this Regulation
     shall be reviewed by the Council on a proposal from the Commission .
 ---pagebreak---                                      - 7 -
3 . The estimated cost to the Fund of the common measure for the period
    proposed in paragraph 1 shall be 230 million units of account .
4 . Article 6(5 ) of Regulation ( EEC) No 729/70 shall apply to this Regulation .
Article 11
1 . Aid from the Fund shall consist of capital contributions granted in
    one or more instalments .
2 . Aid from the Fund shall amount to 50% of the cost of executing the
    work and the measures referred to in Article 2 within the following limits :
       - afforestation up to a maximum cost of 2 000 units of account per
         hectare and associated preparatory work, such as terracing or fire
         protection up to 1000 units of account per hectare .
       - improvement of deteriorated forest by conversion and /or by other
         measures such as separating forest and pasture up to a maximum cost
         of 1 700 units of account per hectare .
       - construction of forest roads up to a maximum cost of 12 000 units of
         account per hectare .
       - preparatory works and research up to a maximum cost of 8 million
         units of account for the five years .
Article 12
1 . Advances may be granted on the basis of the presentation of annual work
    plans for carrying out , as part of a special programme, the forestry
    operations referred to in Article 2 in the light of the financing arrangements
    adopted "by the Member State ooncerned . and in accordance with the progress of
    the work .
2 * Advances may not exceed 80$ of the Community contribution to the oost of
    one year 's work on forestzy operations referred to in paragraph 1 .
 ---pagebreak---                                   ~ 8 -
3 . Detailed rules of application of this Article shall be adopted in
    accordance with the procedure provided for in Article 13 of Regulation
     ( EEC ) No 729/ 70 .
Article 13
1 . Payments of aid from the Fund shall be made to agencies designated
     for the purpose by the Member State concerned .
2 . So long as aid continues to be provided by the Fund, the authorities
     or agencies designated for the purpose by the Member State concerned
     shall forward to the Commission, at its request , all supporting documents
     needed to show that the financial and other conditions laid down for each
     special programme are fulfilled . The Commission may, if necessary, make
     an inspection visit .
     After consultation of the Fund Committee on the financial aspects , the
     Commission may decide to suspend, reduce or withdraw aid by the Fund in
     accordance with the procedure provided for in Article 15 :
     - if the special programme has not been carried out as planned or
     - if certain of the conditions have not been fulfilled or
     - if the work has not been begun within one year from notification
          of the decision referred to in Article 9 .
      Such decision shall be notified to the Member State and to the public
      agency responsible for carrying out the special programme .
      The Commission shall act to recover sums whose payment was not or is no
      longer justified .
 3 . Detailed rules of application of this Article shall be adopted in
      accordance with the procedure provided for in Article 13 of Regulation
       ( EEC ) No 729 / 70 .                                  "
 Article 14
 1 . For each special programme which has received aid from the Fund the public
       agency responsible therefor shall forward periodic reports to the Commission
      on the progress and the financial situation of this programme . These reports
       shall be submitted within the periods laid down in the decision to grant
       aid .
 ---pagebreak--- 2 . If the said public agency fails to fulfil the obligation laid down
    in paragraph 1 after giving such agency due notice / the decision to
    grant aid may be amended in whole or in part in accordance with the
    procedure provided for in Article 15 and after consultation of the Fund
    Committee on the financial aspects . The amending decision shall be notified
    to the Member State concerned and to the public agency in question . The
    Commission shall act to recover, in whole or in part , the sums paid out .
3 . Detailed rules of application of this Article, in particular as regards
    the information to be included in the reports referred to in paragraph 1 ,
    shall be adopted in accordance with the procedure provided for in Article 15 ,
    after consultation of the Fund Committee on the financial aspects .
Article 15
1 . Where the procedure laid down in this Article is to be followed, the
    Chairman shall refer the matter to the Standing Committee on Agricultural
    Structures , either on his own initiative or at the request of the
    representative of a Member State .
2 . The representative of the Commission shall submit a draft of the measure
    to be taken . The Committee shall deliver its Opinion on such measures
    within a time-limit to be set by the Chairman according to the urgency
    of the questions under consideration . An Opinion shall be adopted by
    a majority of forty-one votes, the votes of the Member States being
    weighted as provided for in Article 148(2 ) of the Treaty . The Chairman
    shall not vote .
3 . The Commission shall adopt measures which shall apply  immediately .
    However, if these measures are not in accordance with  the Opinion of the
    Committee, the Commission shall forthwith notify them  to the Council . In
    that event the Commission may defer their application  for not more than
    one month from the date of such communication .
    The Council , acting by a qualified majority, may take a different
    decision within one month .
 ---pagebreak---                                  10
Article 16
The Council , acting in accordance with the procedure of Article 43 of the
Treaty, may amend or add to the conditions set out in Articles 2 and
11(2 ).
Article 17
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .  This
Regulation shall be binding in its entirety and directly applicable in all
Member States .
 ---pagebreak---                     FINANCIAL                 STATEMENT
                                                                                        DATE I    10.3.1978
      . BUDCbT LINS COHCLWSD f          A NEW LINE TO BE CREATED
        ACTION . PROPOSED COUNCIL REGULATION CONCERNING A COMMON MEASURE TO ENCOURAGE
                   FORESTRY IN CERTAIN DRf MEDITERRANEAN ZONES OF THE COMMUNITY .
        LEGAL BASIS I A RTICLE 6 OF REGULATION 729/ 70/ EEC
        OBJECTIVES : IN THESE DRY MEDITERRANEAN ! FORESTS ARE VITAL FOR THE PREVENTION OF
        EROSION AND THE CONSERVATION OF SOIL AND WATER ; AT THE SAME TIME THEY PRODUCE
■>.; « AND THEY CAN MAKE A USEFUL CONTRIBUTION TO EMPLOYMENT, BOTH DIRECTLY IN THE
 *      JREST ITSELF AND INDIRECTLY IN THE WOOD PROCESSING INDUSTRIES .
    5 , FINANCIAL CONSEQ'JLNCE                   FOR THE KARKETI I/C YEAI1   CURRENT FINANCIAL YEAH   FOLLOWING FINANCIAL TEAR I
    r oO EXrEiJDITUHE                                                              ( 7R )           •        ( 79    )         P
         -CHARGED TO THE EC BUDGET
          ( maun us/i HTSRVENTI o:;s )
                                                                                     "
                                                                                                               20              |
         -CILARGED TO T.'ATION'AL ABKINISTR .
         -CHARGED TO OTHER NATIONAL GROUPS
                                                                                                               ?
    S.L RECEIPTS
         –O'/N Risouncis OP T!!E EC                                                                            -
          ( LEVIES/CUSTOKS DUTIES )
         -NATIONAL
                                               I        1979
                                                                           I           1980
                                                                                                      –:
                                                                                                              1981
                                                TEAR                         YEAR   •••••••••••       YEAR
   5.0.1 PLURI A.VNUAL PATTEHN OP EXFENDITURE         20 MUCE                        40 MUCE                60 MUCE
   5.1.1 PLURI ANNUAL PATTERN OF RECEIPTS
   5.2 KETiiOD OF CALCULATION
         SEE ANNEX
      0 FINANCING POSSIBLE KITH CREDITS INSCRIBED IN RELEVANT CHAPTER OF CURRENT BUDGET ?
                     |
      1 FINANCING POSSIBLE BY TRANSFER B2TKSEM CHAPTERS OF CURRENT BUDGET ?
                                                                                                                 YE5/S»        I
                                                                                                                 YES/fcl#
      < NECESSITY FOR A SUFPLEISiTARY BUDGET ?                                                                   XX9/B0
   6.3 CREDITS TO BE WRITIQf INTO FUTURE BL'DOwTS ?
   CCWENTS I
 ---pagebreak---                            ANNEX          :  C OST       OF     MEASURE
       - TOTAL COST
                                  Quantity in the         Average Value         Total Cost over
      Type of Improvement                                                       the 5 year period
                                  5 year period           of unit cost
                                    110.000   Ha            1 700  ua / Ha           187 MUCE
  1.   Af forestation
I 2 . Terassing and                                  i
                                                              850  ua / Ha
                                                                            [
                                                                                      85
I      Fire Protection      j       100.000   Ha
I 3 . Improving Degraded            120.000   Ha            1 250  ua / Ha           150
I      Forests
  4.   Construction of                3.000   Km          10 000   ua / Kfo           30
       Forest Roads
  5.   Preparation Work                                                                8
       and Studies                «
                                        Total Cost over 5 years :                    460 MUCE
       - TIMETABLE OF COSTS ( in MUCE )
        Year                    1979
                                         | 1980        1981       1982        1983  1984   Total
  Member State < 50% )           20         40          60         60 .        50            230
   Feoga ( 50%)                  20         40          60         60          40    10      230
                              i