5.10.2004   

EN

Official Journal of the European Union

L 308/1

(1)

The financial instrument for the environment, LIFE, as established by Regulation (EC) No 1655/2000 of the European Parliament and of the Council (3), is being implemented in phases the third of which will end on 31 December 2004.

(2)

Given the positive contribution of LIFE to the attainment of the objectives of Community policy on the environment and with a view to further contributing to the implementation, updating and development of Community environment policy and of environment legislation, in particular as regards the integration of the environment into other policies, and to sustainable development, the duration of the third phase should be extended until 31 December 2006.

(3)

A Sixth Community Environment Action Programme was adopted on 22 July 2002 by Decision No 1600/2002/EC of the European Parliament and of the Council (4). It is necessary to adapt Regulation (EC) No 1655/2000 to the objectives and priorities laid down in that Programme.

(4)

There is a need to bridge the gap between the expiry of the third phase of LIFE and the new, post-2006 financial perspectives, for a period of two years ending on 31 December 2006.

(5)

LIFE should be reinforced as a specific financial instrument, complementary to the Community research programmes and to the Structural Funds and rural development programmes. Efforts should be made to encourage more efficient use of these Community financial instruments for the funding of elements of environment and nature projects. Appropriate measures should also be put in place to prevent the possibility of double funding.

(6)

The Communication entitled ‘Developing an action plan for environmental technology’ was adopted by the Commission on 25 March 2003. This Communication was followed by an environmental technology action plan adopted on 28 January 2004, which should serve as a reference for the guidelines for LIFE Environment.

(7)

The Court of Auditors' special report No 11/2003 (5) examined the conception, management and implementation of LIFE. It is appropriate to have regard to the Court's recommendations.

(8)

On 1 May 2004 10 new Member States joined the European Union and this should be reflected accordingly in the budget allocation to LIFE.

(9)

The exploitation and dissemination of results should be improved and the amount allocated in the budget for that purpose should be increased.

(10)

Projects still ongoing at the end of 2006 should continue to be monitored and audited.

(11)

In its Judgment of 21 January 2003 (6) the Court of Justice of the European Communities annulled Article 11(2) of Regulation (EC) No 1655/2000. The Court declared that ‘the effects of Article 11(2) of Regulation (EC) No 1655/2000 are to be fully maintained until the Parliament and the Council adopt new provisions concerning the committee procedure to which the measures for the implementation of that Regulation are subject’.

(12)

In accordance with Article 233 of the Treaty, the institutions whose act has been declared void are required to take the necessary measures to comply with the judgment of the Court of Justice.

(13)

The measures that the Commission is empowered to adopt under the implementing powers conferred on it by Regulation (EC) No 1655/2000 are management measures relating to the implementation of a programme with substantial budgetary implications within the meaning of Article 2(a) of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (7). Those measures should therefore be adopted in accordance with the management procedure provided for in Article 4 of that Decision, without prejudice to the committee procedure to be chosen for any further development of LIFE or a financial instrument exclusively in the environmental field.

(14)

This Regulation lays down, for the entire duration of the programme, a financial framework constituting the prime reference, within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (8), for the budgetary authority during the annual budgetary procedure.

1.

2.

3.

in Article 5, paragraph 9, shall be replaced by the following:

‘9.   At the Commission's initiative, accompanying measures to be financed under paragraph 2(b) shall be the subject of calls for tender published in the Official Journal of the European Union where the specific criteria to be met shall be set out.’;

4.

in Article 7, the title and paragraph 1 shall be replaced by the following:

‘Article 7

Consistency and complementarity between financial instruments

1.   Without prejudice to the conditions for accession candidate countries set out in Article 6, projects receiving aid provided for under the Structural Funds or other Community budget instruments shall not be eligible for financial assistance under this Regulation. The Commission shall ensure that applicants' attention is drawn to the fact that they cannot cumulate subsidies from different Community funds. Appropriate measures shall be put in place to prevent the possibility of double funding.

The Commission and Member States shall inform applicants of the different Community financial instruments available for the funding of elements of environment and nature projects.’;

5.

6.

7.

Article 11(2) shall be replaced by the following:

‘2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period referred to in Article 4(3) of Decision 1999/468/EC shall be set at three months.’

8.

Article 12 shall be replaced by the following:

‘Article 12

Evaluation of the third phase and continuation of LIFE

1.   Not later than 30 September 2005, the Commission shall submit to the European Parliament and the Council:

2.   Following the Commission's adoption of such a proposal, the European Parliament and the Council, acting in accordance with the Treaty, shall decide no later than 1 May 2006 on the implementation of that financial instrument, as from 1 January 2007.

3.   The amount needed within the financial framework to provide for monitoring and auditing measures in the period following 31 December 2006 shall be deemed to be confirmed only if it is consistent with the new financial perspectives commencing in 2007.’