CELEX: 51991PC0354
Language: en
Date: 1991-09-30
Title: Amendment to the proposal for a COUNCIL REGULATION ( EEC ) on a specific action to protect the environment in the coastal areas and coastal waters of the Irish Sea, North Sea, Baltic Sea and North-East Atlantic Ocean ( NORSPA )

COMMISSION OF THE EUROPEAN COMMUNITIES
                                               C0M(91) 354 final
                                               Brussels, 30 September 1991
                    Amendment to the proposal for a
                        COUNCIL REGULATION (EEC)
          on a specific    action   to protect   the   environment
     In the coastal   areas and coastal     waters of the Irish    Sea,
        North Sea, Baltic    Sea and North-East      Atlantic  Ocean
                                  (NORSPA)
      (presented by the Commission pursuant to Article 149(3)
                           of the EEC-Treaty)
 ---pagebreak---  ---pagebreak---                              EXPLANATORY MEMORANDUM
   On 20 December 1990 the Commission submitted to the Council the proposal
   for a Régulât Ion on specific    action by the Community to protect   coastal
   areas and coastal waters In the northern regions of the Community -
   NORSPA (C0M(90)498 final).       The objective of this action Is to provide
   financial  support for pilot or demonstration projects to reduce
   pollution  and Improve management of the environment In the regions
   concerned.
2. On 9 July 1991 the European Parliament expressed Its opinion on the
   Commission's proposal by adopting report PE 150.268/fin      from
   Mrs R. Oomen-Rulsten and 28 amendments to the text proposed by the
   Commission.
   At the same sitting   of Par I lament the Commission explained Its reasons
   for refusing nine of these amendments and accepting the other 19.
   The 19 amendments accepted are useful additions which Improve on the
   Commission's original    text.
   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.
                                                                                 I
 ---pagebreak---           ORIGINAL TEXT                             AMENDED TEXT
                                    Third récitaj
 Whereas the resolution of 19 October          Whoroas the resolution of 19 October
 1987 of the Council of the European           1987 of the Council of the European
 Communities          and     of     the       Communities           and    of     the
 representatives of the Governments            representatives of the Governments
 of the Member States, meeting within          of the Member States, meeting within
 the Council, on the continuation and          the Council, on the continuation and
 implementation      of    a    European       implementation       of   a    European
 Community      policy     and    action       Community       policy    and    action
 programme on the environment (1987-           programme on the environment (1987-
 1992)' states that it is important            1992), states that it is important
 for Community action to concentrate           for Community action to concentrate
 on combating fresh-water and marine           on combating fresh-water and marine
 pollution by means of a general               pollution, by means of a source-
 improvement      of     the     aquatic       centred    policy   and a preventive
 environment, in particular of the             approach and a general improvement
 North Sea and the Mediterranean Sea;          of the aquatic environment, which in
                                               practice means combating pollution
                                               from factories, towns and above all
                                               agricultural         chemical»,       in
                                               particular in the North Sea and the
                                               Mediterranean Sea;
                                    Sixth recital
Whereas       protection       of    the      Whereas        protection      of    the
environment of the Irish Sea, the             environment of the Irish Sea, the
North Sea, the Baltic Sea and the             North Sea, the 3altic Sea and the
North-East Atlantic Ocean requires a          North-East Atlantic Ocean requires a
combined international effort by all          combined international effort by all
the littoral States; whereas certain          the    littoral    States  and    States
measures   in this      fiald   can   be      polluting the rivers which flow into
carried   out   more   effectively at         those     Sdtas;    whereas     certain
Community level than at che level of          measures     in this    field   can   be
the individual Member States;                 earned     out   more effectively at
                                              Comruni-y level than at the level of
                                              the i.nd Lviduai Member States;
                                                                                        3
 ---pagebreak--- ORIGINAL TEXT        AMENDED TEXT
               sixth recital a (new)
                             Whereas full use must be made of the
                             Community    Structural    Funds and
                             certain other financial instruments
                             and Community programmes In order to
                             assist in the Implementation, in
                             accordance with the relevant rules,
                             regulations    and objectives, of
                             certain    categorlee    of meaeure
                             covered by this Regulation;
              Tenth recital a (new)
                             Whereas maximum publicity should be
                             given to this Regulation to foster
                             an awareness of, and access to, the
                             measures proposed by it on the part
                             of    small    and   med 1 um-B1 zed
                             enterprises, Inter alia;
              Tenth recital b (new)
                            Whereas an optimum effect can be
                            achieved from the measures if clean
                            technology is used which responds to
                            needs and circumstances;
                                                                  H
 ---pagebreak--- ORIGINAL TEXT                        AMENDED TEXT
                                    Article 1
  Community action to protect the            1_;_ Community action to protect the
  environment in the coaatai areas and      environment in the coastal areas and
  coastal waters of the Irish Sea,          coastal waters of the Irish Sea,
  North Sea, Baltic Sea and North-East      North Sea, Baltic Sea and North-East
  Atlantic Ocean (NORSPA) is hereby         Atlantic Ocean (NORSPA) is hereby
  instituted.                               instituted.
                                         2. 'Coastal area»' are deemed to be
                                         the area» covered by the littoral
                                         local authorities, or those area»
                                         covered by the lowest level of
                                         administration      concerned    with
                                         licensing       policy    or   local
                                         environmental policy.
                                         'Coastal waters' are deemed to be a
                                         atrip 12 mile» In width along the
                                         coast.
                                         3. In order to prevent any overlap
                                         between or duplication of measure»
                                         In the region» covered by thl»
                                         Regulation, a survey shall be made
                                         of all existing programme» and
                                         project» to protect the environment
                                         In the area» concerned.
                                                                                  S"
 ---pagebreak---   ORIGINAL TEXT                                            AMENDED TEXT
                                                     Article 2
The o b j e c t i v e s of the a c t i o n t o be             V     The o b j e c t i v e s of the action t o
taken under t h i s Regulation s h a l l                      be taken under t h i s Regulation s h a l l
be:                                                           bet
(a) t o i n t e n s i f y e f f o r t s t o p r o t e c t     (a) t o         intensify                effort»         to
     and improve the q u a l i t y of the                         p r o t e c t , maintain, r e s t o r e and
    environment                and t o       implement             Improve the                    quality      of     the
    Community environment p o l i c y i n                         environment                 and t o        implement
    the areas concerned;                                          Community                 environment           policy
                                                                  and Community l e g i s l a t i o n                  in
                                                                  the areas concerned;
(b) t o maintain and i n c r e a s e the                      (b) t o        maintain,              coordinate       and
    effectiveness                     of    Community             i n c r e a s e the e f f e c t i v e n e s s of
    measure» on the environment in                                Community                 measures          on     the
    the areas concerned pursuant t o                              environment                      in     the     areas
    other Community p o l i c i e s ;                             concerned               pursuant          to     other
                                                                  Community p o l i c i e s ;
(c) t o i n c r e a s e cooperation between                   (c) t o        increase               and     coordinate
    the           littoral               State»      on           cooperation                        between         the
    p r o t e c t i o n of the environment                        l i t t o r a l S t a t e s on protection
    by         integrating                 Community              of          the          environment                by
    action»             and         the    operation»             integrating                Community          actions
    carried               out         at    regional,             and the operation» carried out
    national                and        international              at         regional,               national        and
    level;                                                        international level;
      (d) t o promote the development and                          (d) t o encourage the development
             use of clean or low-emi»»ion                                  and u»e of i n n o v a t i v e , c l e a n or
             t e c h n o l o g i e » , a» the t r a n s f e r              low-emi»sion t e c h n o l o g i e s ,          a»
            of t h e s e t e c h n o l o g i e » and the                   the           transfer             of       these
            exchange of experience would                                   t e c h n o l o g i e s and the exchange
            b e n e f i t the environment i n the                          of experience would f o s t e r such
            area» concerned.                                               innovative                    measure»         and
                                                                           initiatives                 t o protect        the
                                                                           environment                   in    the      areas
                                                                           concerned.
 ---pagebreak--- ORIGINAL TEXT                         AMENDED TEXT
                                   Article J(i;
   1. The    amount    of   Community         1. The    amount    of    Community
  expenditure estimated necessary for        expenditure estimated necessary for
  the implementation of the action           the implementation of the action
  provided for in this Regulation 1»         provided for in this Regulation is
  ECU 10 million during the first two        ECU 16.5 million during the first
  years.                                     two year».
                                  Article 4(1)
  1. The financial support provided          1. The financial support provided
  for in thi» Regulation may be              for in this Regulation may be
  granted in respect of operation»           granted in respect of innovative
  suited to giving rise to a lasting         operation» suited to giving rise to
  improvement in the quality of the          a lasting improvement in the quality
  coastal area» and coastal waters           of the coastal area» and coastal
  referred to in Article 1 and which         waters referred to in Article 1 and
  reflect the priorltlea listed in the       which reflect the objectives listed
  Annex.                                     in Article 2.
                                          Priority »hall be given to the
                                          measures listed in the Annex, in
                                          parUcuj*r iO Instances wh«F?
                                          thev are intended to impose more
                                          stringent conditions than in the
                                         objectives       of    the   Final
                                          Declaration of the Third Worth
                                          Sea Ministerial Conference, or
                                         where they go beyond Community
                                          environmental    requirement» or
                                          are intended to achieve speedier
                                         compliance          with      such
                                         requirement».
                                                                                  ^
 ---pagebreak---       ORIGINAL TEXT                             AMENDED TEXT
                                     Article 6(2)
2. The financial support shall take           2. The financial support shall take
the form of:                                  the form of:
   capital        grants       towards         (a) c a p i t a l  grants     towards
   investment     in   projects    other      investment in projects other than in
   than infrastructure project», or           infrastructure projects
   financial contributions towards             (b) (Co-)funding of programmes
   pilot or demonstration projects             (c) (Co-)funding of projects
   and to measures providing an                (d) interest subsidies
   incentive or creating awareness,            (e) repayable subsidies
   and towards initiatives designed            (f) support for technical assistance
   to    acgulre     the    information           for operations.
   necessary for the implementation
   of    the   operations.      Improve
   supervision     and monitoring     of
   the    environment    concerned   and
   promote       the     exchange     of
   experience        and    technology
   transfer.
                                   Article 8(2), second subparagraph
          Before carrying out an on-the-spot              Before carrying out an on-the-spot
          check, the Commission shall give                check, the Commission shall give
          notice to the beneficiary concerned             notice to the beneficiary concerned
          with a view to obtaining all the                with a view to obtaining all the
          assistance necessary.                           assistance   necessary,  except  in
                                                          case» where fraud or improper use
                                                          are suspected.
                                                                                             ?
 ---pagebreak---        ORIGINAL TEXT                                 AMENDED TEXT
                                     A r t i c l e 9(1)
 1. The Commission may reduce or                    1. The Commission may reduce or
 suspend payment of assistance in                   suspend payment of assistance in
 respect of a particular operation if               respect of a particular operation^
 it   finds     irregularities or a                 and regulre that that assistance be
 significant change affecting the                   reimbursed,        if    it    finds
 nature       or    conditions        of            irregularities or a significant
 implementation of the action for                   change affecting the nature or
 which the Commission's approval has                conditions of implementation of the
 not been sought.                                   action for which the Commission'»
                                                    approval ha» not been sought.
                                    Article 9(2)
2.    If the completion dates have                 2. If the completion dates have not
not    been    respected    or    if a             been respected or if a particular
particular      operation    has been              operation has been carried out in
carried out in such a manner that                  such a manner that payment of only
payment     of   only part of the                  part of the financial assistance
financial assistance allocated to it               allocated to it is justified, the
is justified, the Commission shall                 Commission shall ask the beneficiary
ask the beneficiary to submit his                  to submit his comments within a
comments within a specified period.                specified period.    Unless adequate
Unless adequate justification is                   justification    is produced, the
produced, the Commission may cancel                Commission may cancel the remaining
the    remaining     portion of the                portion of the financial assistance
financial assistance concerned.                    concerned, and demand reimbursement
                                                   of   financial assistance already
                                                   paid.
                                    Article 9(3)
3. Any sum which is unduly received                3. Any sum which is unduly received
by the beneficiary shall be repaid                 by the beneficiary shall be repaid
to the Commission. Interest may be                 to the Commission.     Interest shall
charged on sums not repaid in due                  be charged on sums not repaid in due
time. The Commission shall lay down                time. The Commission shall lay down
the    detailed      rules    for   the            the    detailed    rules    for   the
implementation of this paragraph.                  implementation of this paragraph.
                                                                                         S
 ---pagebreak--- ORIGINAL   TEXT                         AMENDED TEXT
                                       A r t i c l e 12
    The list of measures which have                   The list of measures which have
    received financial support shall be                received financial support shall be
    published for information purposes                published In the Official Journal of
    in the Official Journal of the                    the European Communities.
    European Communities.
                                   (Amendment No. 22)
                             Article 13, second paragraph
   It   shall   apply   for  ten   years,             It shall apply until the financial
  divided into two five-year phases.                  instrument     'LIFE'-^ comes   into
  Before the end of the first phase,                 effect.
  the Commission      shall assess the
  results and report to the Council
  and to the European Parliament. If
  appropriate, the Commission shall
  propose       amendments     to    this
  Regulation,      in   particular   with
  regard to the priority measures to
  be taken for the implementation of
  the second phase.
                                                     i-  COM (91) 0028
                                                                                           ^0
 ---pagebreak--- ORIGINAL TEXT                                              AMENDED TEXT
                                                        Annex, A.l.
  Measures t o reduce nutrient inputs                             Measures                 to    reduce      and,      in
  in c o a s t a l areaB, including those                         particular, prevent nutrient inputi
  due t o a g r i c u l t u r a l a c t i v i t i e s .           in coastal areas, including those
                                                                 due to agricultural activities.
                                                         Annex, A.3.
   I d e n t i f i c a t i o n of measures s u i t e d t o         I d e n t i f i c a t i o n of measures s u i t e d t o
   speeding             up the        application         of       speeding             up the        application       of
   emission              standard»      and         possible       emission              standard»      and     possible
   establishment of s e c t o r a l agreements                     establishment of s e c t o r a l agreements
   for        Industrie»            responsible          for       for        industries            responsible        for
   significant                pollution     from point             significant                pollution    from     point
   sourcee, such as the paper and pulp                             sources, such as the paper and pulp
   industry,                 fertilizer          industry,         industry,                 fertilizer       industry,
   biocide                   manufacturing              and        biocide                  manufacturing             and
   f o r m u l a t i o n                i n d u s t r y ,          f o r m u l a t i o n                i n d u s t r y ,
   pharmaceuticals industry.                                       pharmaceuticals industry, and from
                                                                   diffuse sources.
                                                                                                                         ~M
 ---pagebreak---  ---pagebreak---  ---pagebreak---  ---pagebreak---                                                                       ISSN 0254-1475
                                                               COM(91) 354 final
                                                      DOCUMENTS
EN                                                                               14
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                                                             ISBN 92-77-75852-X
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