COUNCIL REGULATION (EEC) N°  3908/91
of 19 December 1991
on Community action to protect the environment in the coastal areas and  coastal waters of the Irish Sea, North Sea, English Channel, Baltic Sea and North-East Atlantic  Ocean (Norspa)
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article  130s 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 (3),
Whereas, pursuant to Article 130r of the Treaty, one of the objectives of Community action relating  to the environment is to preserve, protect and improve the quality of the environment and whereas,  in formulating that action, it will take account of, inter alia, environmental conditions in the  various regions of the Community;
Whereas the Resolution of 19 October 1987 of the Council of the European Communities and of the  Representatives of the Governments of the Member States, meeting within the Council, on the  continuation and implementation of a European Community policy and action programme on the  environment (1987 to 1992) (4) states that combating fresh-water and marine pollution by means of  the general improvement of the aquatic environment, in particular in the North Sea and the  Mediterranean Sea, is among the areas of particular importance for Community action;
Whereas the ministerial declaration of the participants in the Third International Conference on  the Protection of the North Sea, held in The Hague on 7 and 8 March 1990, stressed the need to  protect the environment of the North Sea and adopted a package of specific measures accompanied by  a precise timetable;
Whereas protection of the environment of the Irish Sea, North Sea, English Channel, Baltic Sea and  North-East Atlantic Ocean north of the Tagus, as well as the Azores, Madeira and the Canary Islands  requires a combined international effort by all the coastal States; whereas certain measures in  this field can be carried out more effectively at Community level than by the individual Member  States;
Whereas the Community should contribute towards carrying out operations for the benefit of the  environment of the northern maritime regions of the Community, by granting financial support for  certain specific measures;
Whereas an amount of ECU 16,5 million is considered necessary for implementing this action up until  31 December 1992;
Whereas a committee should be set up to assist the Commission in implementing this Regulaton and  whereas, to this end, recourse should be had to the Committee set up by Council Regulation (EEC) N°  563/91 of 4 March 1991 on action by the Community for the protection of the environment in the  Mediterranean region (Medspa) (5),
Community action to protect the environment in the northern maritime  region of the Community, hereinafter referred to as 'the Norspa action`, is hereby instituted.
The Norspa action shall cover the coastal areas, including estuaries, and coastal waters of the  Irish Sea, North Sea, English Channel, Baltic Sea and North-East Atlantic Ocean north of the Tagus,  as well as the Azores, Madeira and the Canary Islands, all hereinafter referred to as 'the region  concerned`.
The objectives of the Norspa action shall be to:
- intensify efforts to protect and improve the quality of the environment and increase the  effectiveness of Community environment policy and measures in the region concerned,
- help to make the environmental dimension a more integral part of action taken by the Community  pursuant to other Community policies,
- increase cooperation and coordination on protection of the environment in the region concerned by  integrating Community action and the operations carried out at regional, national and international  level,
- promote the introduction and use of clean or low-pollution technologies, the transfer of such  technologies and the exchange of experience relevant to the environment of the areas concerned.
1.  The Community financial resources estimated as necessary for execution of the  Norspa action are ECU 16,5 million.
2.  The budget authority shall determine the appropriations available for each financial year,  taking into account the principles of sound management referred to in Article 2 of the Financial  Regulation applicable to the general budget of the European Communities.
Priority measures for the Norspa action shall be listed in the Annex.
1.  The financial support provided for in this Regulation may be granted in respect of  operations corresponding to the priority measures referred to in Article 4.
2.  Operations benefiting from aid under the Structural Funds or other Community financial  instruments shall not qualify for the financial support provided for in this Regulation.
3.  Financial support may be granted in respect of the operations referred to in paragraph 1 where  they have environmental protection as their principal objective.
1.  All natural or legal persons and associations bearing ultimate responsibility for  the execution of the operations referred to in Article 5 may qualify for financial support.
2.  The financial support shall take the form of:
- capital grants towards investment in projects other than infrastructure projects, or
- financial  contributions towards pilot or demonstration schemes, towards measures designed to provide the  information essential to the implementation of the Norspa action or of the technical assistance  measures implemented on the initiative of the Commission and towards measures designed to improve  supervision and monitoring of the environment concerned and promote the exchange of experience and  technology transfer, or
- interest rebates for infrastructure projects, or
- repayable advances  decided on a case-by-case basis.
Community financial support for the operations referred to in Article 5 shall be  subject to the following limits:
- a maximum of 50 % of the total cost in the case of public investment projects, and pilot or  demonstration schemes,
- a maximum of 30 % of the total cost in the case of private investment projects for non-commercial  purposes,
- a maximum of 100 % of the total cost of measures designed to provide the information essential to  the execution of the action or of the technical assistance measures implemented on the initiative  of the Commission.
1.  In order to guarantee the success of the operations carried out by beneficiaries of  Community financial support, the Commission shall take the necessary measures to:
- verify that operations financed by the Community have been properly carried out,
- prevent and take action against irregularities,
- recover any sums unduly paid as a result of irregularities or negligence.
2.  Without prejudice to audits carried out by the Court of Auditors in liaison with the national  audit bodies or competent national departments under Article 206(a) of the Treaty or to any  inspection carried out on the basis of Article 209(c) of the Treaty, Commission officials or  employees may carry out on-the-spot checks, including sample checks, on operations financed under  the Norspa action.
Before carrying out an on-the-spot check, the Commission shall give notice to the beneficiary  concerned with a view to obtaining all the required assistance.
3.  For a period of three years following the last payment in respect of any operation, the  beneficiary of financial support shall keep available for the Commission all the supporting  documents regarding expenditure on the operation.
1.  The Commission may reduce or suspend payment of financial support in respect of any  operation if it finds an irregularity or a significant change affecting the nature or conditions of  the action or measure for which the Commission's approval has not been sought.
2.  If the completion dates have not been respected or if a particular operation has been carried  out in such a manner that payment of only part of the financial support allocated to it is  justified, the Commission shall ask the beneficiary to submit his comments within a fixed period.  Unless adequate justification is produced, the Commission may cancel the remaining portion of that  support.
3.  Any overpayment shall be returned to the Commission. Interest may be charged on sums not repaid  in
due time. The Commission shall lay down the detailed rules for the implementation of this  paragraph.
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1.  The Commission shall ensure effective monitoring of the implementation of the  Norspa action. Such monitoring shall be carried out by means of reporting procedures agreed jointly  between the Commission and the beneficiary of the operation and by spot checks.
The Commission shall report to the Committee referred to in Article 11 on the progress made in  implementing the Norspa action, including the use made of appropriations.
2.  For each multiannual action, the beneficiary shall submit progress reports to the Commission  within six months of the end of each full year of implementation.
In addition, a final report shall be submitted to the Commission within six months of completion of  the operation; for each operation to be implemented over a period of less than two years, the  beneficiary shall submit a report to the Commission within six months of completion of the action.  The Commission shall determine the form and content of the reports.
3.  On the basis of the monitoring reports and procedures referred to in paragraphs 1 and 2, the  Commission shall make any necessary adjustments to the amount of the financial support approved  initially, to the conditions for granting that support and to the projected schedule of payments.
4.  The Commission shall lay down the detailed rules for the implementation of this Article.
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1.  For the purposes of executing the priority measures and the operations referred to  in Articles 4, 5, 6 and 7, the Commission shall be assisted by the Committee referred to in Article  11 of Regulation (EEC) N° 563/91.
2.  The representative of the Commission shall submit to the Committee a draft of the measures to  be taken. The Committe shall deliver its opinion on the draft within a time limit which the  Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the  majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is  required to adopt on a proposal from the Commission. The votes of the representatives of the Member  States within the Committee shall be weighted in the manner set out in that Article. The Chairman  shall not vote.
The Commission shall adopt measures which shall apply immediately. However, if these measures are  not in accordance with the opinion of the Committee, they shall be communicated by the Commission  to the Council forthwith. In that event, the Commission may defer application of the measures which  it has decided for a period of not more than one month from the date of such communication.
The Council, acting by a qualified majority, may take a different decision within the time limit  referred to in the second subparagraph.
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The list of operations which have received financial support shall be published for  information purposes in the Official Journal of the European Communities.
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1.  This Regulation shall enter into force on the day of its publication in the  Official Journal of the European Communities.
It shall apply until 31 December 1992.
2.  The Council, acting by qualified majority on a proposal from the Commission submitted before 31  July 1992, shall decide before 31 December 1992 on the extension or review of this Regulation.
This Regulation shall be binding in its entirety and directly applicable in all  Member States.