52001PC0634(01)

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EEC) No 3528/86 on the protection of the Community's forests against atmospheric pollution

(presented by the Commission)

EXPLANATORY MEMORANDUM

Council Regulations (EEC) No 3528/86 on the protection of the Community's forests against atmospheric pollution and (EEC) No 2158/92 on protection of the Community's forests against fire will expire on 31 December 2001.

Under Articles 11(3) and 10(3) of the above Regulations, the Commission is required to submit a revision proposal to Parliament and the Council before the end of the application period, covering in particular the environmental, economic and social aspects and the results of a cost-benefit analysis.

Preparation of the revision proposal is still under way and no proposal can therefore be presented at this stage. Parliament and the Council are consequently not in a position to adopt any new arrangements for continuing the schemes covered by Regulations (EEC) No 3528/86 and (EEC) No 2158/92 before they reach the end of their application period.

Transitional measures are therefore needed to extend the two Regulations for a further year so that the schemes can continue in 2002.

The financial allocation for implementing these schemes in 2002 has been adjusted in line with the actual budget allocations for 1997-2001 and those provided for in the 2002 PDB.

2001/0267 (COD)

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EEC) No 3528/86 on the protection of the Community's forests against atmospheric pollution

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission [1],

[1] OJ C ...

Having regard to the opinion of the Economic and Social Committee [2],

[2] OJ C ...

Having regard to the opinion of the Committee of the Regions [3],

[3] OJ C ...

Acting in accordance with Article 251 of the Treaty [4],

[4] OJ C ...

Whereas:

(1) The period of application of the Community scheme introduced by Council Regulation (EEC) No 3528/86 [5] is due to expire on 31 December 2001.

[5] OJ L 326, 21.11.1986, p. 2. Regulation last amended by Regulation (EC) No 1484/2001 of the European Parliament and of the Council (OJ L 196, 20.7.2001, p. 1).

(2) Under Article 11(3) of Regulation (EEC) No 3528/86, the Commission is required to submit a revision proposal to Parliament and the Council before the end of the application period, covering in particular the environmental, economic and social aspects and the results of a cost-benefit analysis.

(3) Preparation of the proposal is still under way and no proposal can therefore be presented at this stage. Parliament and the Council are consequently not in a position to adopt any new arrangements for continuing the Community scheme for the protection of forests against atmospheric pollution before it reaches the end of its application period.

(4) A transitional measure is therefore needed to extend application of the Regulation for a further year so that the scheme can continue in 2002.

(5) Article 11(2) of Regulation (EEC) No 3528/86 fixes at EUR 35,1 million the financial allocation for implementation of the scheme, which constitutes the prime reference for the budgetary authority 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. That allocation should be adjusted in line with the amount entered in the preliminary draft budget for 2002.

(6) Regulation (EEC) No 3528/86 should therefore be amended,

HAVE ADOPTED THIS REGULATION:

Article 1

In Article 11, paragraphs 1 and 2 shall be replaced by the following:

"1. The scheme shall run for 16 years from 1 January 1987.

2. The financial allocation for the implementation of the scheme shall be EUR 41,75 million for the period 1997 to 2002.

The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective."

Article 2

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.

Done at Brussels,

For the European Parliament For the Council

The President The President