Commission Regulation (EC) No 2278/1999 of 21 October 1999 laying down certain detailed rules for the application of Council Regulation (EEC) No 3528/86 on the protection of the Community's forests against atmospheric pollution

COMMISSION REGULATION (EC) No 2278/1999
of 21 October 1999
laying down certain detailed rules for the application of Council Regulation (EEC) No 3528/86 on the protection of the Community's forests against atmospheric pollution
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3528/86 of 17 November 1986 on the protection of the Community's forests against atmospheric pollution(1), as last amended by Regulation (EC) No 307/97(2), and in particular Articles 2 and 4 thereof,
Whereas:
(1) Regulation (EEC) No 3528/86 provides for a financial contribution from the Community to measures under the Community scheme for the protection of forests against atmospheric pollution.
(2) Article 12 of that Regulation stipulates that the Community's contribution is to cover the periodic inventory of damage caused to forests, in particular by atmospheric pollution, the network of observation points for intensive and continuous monitoring of the forest ecosystems, experiments, and pilot and demonstration projects to improve the protection of forests against atmospheric pollution.
(3) In the interests of effectiveness and in order to simplify and rationalise procedures at national and Community level, the various measures for which Community financial assistance is requested should be brought together in an annual national programme for each Member State.
(4) Detailed rules should be adopted on how aid applications under the national programmes should be presented and the information they must contain in order to expedite examination thereof.
(5) A system of advance payments of Community assistance should be introduced to assist Member States in the proper financial management of their national programmes.
(6) The applications submitted to the Commission by the competent authority for the payment of advances and balances under the national programme must contain certain information to help establish the regularity of expenditure.
(7) The Commission must be informed that the measures are being implemented in accordance with the conditions and within the time limit laid down in the decision granting aid.
(8) The Member States must adopt the provisions necessary to ensure that effective checks are carried out on the implementation of measures under the national programmes.
(9) Article 14 of Regulation (EEC) No 3528/86 and Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities' financial interests(3) require the Member States to ascertain the effective and regular nature of the operations financed by the Community and to recover sums lost as a result of irregularities or negligence. Such sums represent unjustified expenditure from the Community budget and must therefore be reimbursed to the Community.
(10) If the checks provided for in Article 14 of Regulation (EEC) No 3528/86 carried out by the Commission reveal an irregularity, the Member State must be able to express its opinion on the situation noted. Where the irregularity is confirmed and the sums concerned represent unjustified expenditure from the Community budget, they should be reimbursed to the Community.
(11) Commission Regulation (EEC) No 526/87(4), Article 2 of Commission Regulation (EEC) No 1696/87(5) as last amended by Regulation (EC) No 1398/95(6) and Article 2 of Commission Regulation (EC) No 1091/94(7), as last amended by Regulation (EC) No 1545/1999(8) should be repealed.
(12) The Commission Regulation (EEC) No 1697/87(9) of 10 June 1987 should also be repealed. That Regulation remains applicable to the payment of Community financial contributions under Regulation (EEC) No 3528/86 decided before 1 November 1999.
(13) The measures provided for in this Regulation are in accordance with the opinion of the Standing Forestry Committee,