Regulation (EC) No 614/2007 of the European Parliament and of the Council (repealed)Show full title

Article 1 Purpose

1. This Regulation establishes a financial instrument for the environment (‘LIFE+’).

2. The general objective of LIFE+ shall be to contribute to the implementation, updating and development of Community environmental policy and legislation, including the integration of the environment into other policies, thereby contributing to sustainable development. In particular, LIFE+ shall support the implementation of the 6th EAP, including the thematic strategies, and finance measures and projects with European added value in Member States.

Article 2 Definitions

For the purpose of this Regulation:

(1)

‘6th EAP’ means the Sixth Community Environment Action Programme laid down by Decision No 1600/2002/EC;

(2)

‘Financial Regulation’ means Regulation (EC, Euratom) No 1605/2002.

Article 3 Eligibility criteria

1. Projects financed by LIFE+ shall satisfy the following criteria:

(a) being of Community interest by making a significant contribution to the achievement of the general objective of LIFE+ set out in Article 1(2);

(b) being technically and financially coherent and feasible and providing value for money.

Where possible, projects financed by LIFE+ shall promote synergies between different priorities under the 6th EAP, and integration.

2. In addition, to ensure European added value and avoid financing recurring activities, projects shall satisfy at least one of the following criteria:

(a) being best-practice or demonstration projects, for the implementation of Directive 79/409/EEC or Directive 92/43/EEC;

(b) being innovative or demonstration projects, relating to Community environmental objectives, including the development or dissemination of best practice techniques, know-how or technologies;

(c) being awareness-raising campaigns and special training for agents involved in forest fire prevention;

(d) being projects for the development and implementation of Community objectives relating to the broad-based, harmonised, comprehensive and long-term monitoring of forests and environmental interactions.

Article 4 Specific objectives

1. LIFE+ shall consist of three components:

• LIFE+ Nature and Biodiversity,

• LIFE+ Environment Policy and Governance,

• LIFE+ Information and Communication.

2. The specific objectives of LIFE+ Nature and Biodiversity shall be:

(a) to contribute to the implementation of Community policy and legislation on nature and biodiversity, in particular Directives 79/409/EEC and 92/43/EEC, including at local and regional level, and to support the further development and implementation of the Natura 2000 network, including coastal and marine habitats and species;

(b) to contribute to the consolidation of the knowledge base for the development, assessment, monitoring and evaluation of Community nature and biodiversity policy and legislation;

(c) to support the design and implementation of policy approaches and instruments for the monitoring and assessment of nature and biodiversity and the factors, pressures and responses that impact on them, in particular in relation to the achievement of the target of halting biodiversity loss within the Community by 2010 and the threat to nature and biodiversity posed by climate change;

(d) to provide support for better environmental governance by broadening stakeholder involvement, including that of NGOs, in consultations on, and the implementation of, nature and biodiversity policy and legislation.

3. The specific objectives of LIFE+ Environment Policy and Governance shall be, in relation to the objectives of the 6th EAP, including for the priority areas of climate change, environment and health and quality of life, and natural resources and wastes:

(a) to contribute to the development and demonstration of innovative policy approaches, technologies, methods and instruments;

(b) to contribute to consolidating the knowledge base for the development, assessment, monitoring and evaluation of environmental policy and legislation;

(c) to support the design and implementation of approaches to monitoring and assessment of the state of the environment and the factors, pressures and responses that impact on it;

(d) to facilitate the implementation of Community environmental policy, with particular emphasis on implementation at local and regional level;

(e) to provide support for better environmental governance by broadening stakeholder involvement, including that of NGOs, in policy consultation and implementation.

4. The specific objectives of LIFE+ Information and Communication shall be:

(a) to disseminate information and raise awareness on environmental issues, including forest fire prevention;

(b) to provide support for accompanying measures, such as information, communication actions and campaigns, conferences and training, including training on forest fire prevention.

5. Annex I contains the list of eligible measures.

Article 5 Types of intervention

1. Community funding may take the following legal forms:

(a) grant agreements;

(b) public procurement contracts.

2. Community grants may be provided in specific forms, such as framework partnership agreements, participation in financial mechanisms and funds, or co-funding of operating or action grants. Operating grants to bodies pursuing objectives of general European interest shall not be subject to the degressivity provisions of the Financial Regulation.

3. For action grants, the maximum rate of co-financing shall be 50 % of eligible costs. However, by way of exception, the maximum co-financing rate for LIFE+ Nature and Biodiversity may be up to 75 % of eligible costs in the case of projects concerning priority habitats or species for the implementation of Directive 92/43/EEC or the species of birds considered as a priority for funding by the committee set up pursuant to Article 16 of Directive 79/409/EEC when this is necessary to achieve the conservation objective.

4. In the case of public procurement contracts, Community funds may cover the costs of purchase of services and goods. These costs may include expenditure on information and communication, preparation, implementation, monitoring, checking and evaluation of projects, policies, programmes and legislation.

5. Civil servants' salary costs may be funded only to the extent that they relate to the cost of project implementation activities that the relevant public authority would not have carried out had the project concerned not been undertaken. The staff in question must be specifically seconded to a project and they must represent an additional cost with respect to existing permanent staff.

6. The Commission shall implement this Regulation in accordance with the Financial Regulation.

Article 6 Programming and project selection

1. At least 78 % of the budgetary resources for LIFE+ shall be used for action grants for projects.

2. The Commission shall ensure a proportionate distribution of projects by establishing indicative annual national allocations for the periods 2007-2010 and 2011-2013, based on the following criteria:

(a) population:

(i)

the total population of each Member State. A weighting of 50 % shall be applied to this criterion;

and

(ii)

the population density of each Member State, up to a limit of twice the EU's average population density. A weighting of 5 % shall be applied to this criterion;

(b) nature and biodiversity:

(i)

the total area of sites of Community importance for each Member State, expressed as a proportion of the total area of sites of Community importance. A weighting of 25 % shall be applied to this criterion;

and

(ii)

the proportion of a Member State's territory covered by sites of Community importance in relation to the proportion of Community territory covered by sites of Community importance. A weighting of 20 % shall be applied to this criterion.

As soon as relevant data are available for all Member States, the Commission shall make the calculations for nature and biodiversity on the basis of both sites of Community importance and special protection areas, while avoiding double counting.

In addition, the Commission may make additional allocations to land-locked Member States. The total amount of such allocations shall not exceed 3 % of the total budgetary resources dedicated to action grants for projects.

However, the Commission shall ensure that no Member State's allocation is less than an appropriate minimum allocation of between EUR 1 and 3 million per year, taking into account population density, environmental expenditure, environmental need and absorption capacity.

3. The multi-annual strategic programme set out in Annex II specifies the priority areas of action for Community funding in relation to the objectives and criteria set out in Articles 1, 3 and 4.

Member States may, for the part of the budget to be used for action grants for projects, submit to the Commission national annual priorities selected from Annex II that, as appropriate:

(a) identify priority areas and types of projects, taking account of identified long-term needs;

and

(b) outline specific national objectives.

If a Member State decides to submit national annual priorities to the Commission, it may include transnational priorities.

4. If a Member State decides to submit national annual priorities to the Commission, it shall do so as soon as possible, and no later than the date specified in accordance with Article 14(2)(a). No such priorities shall be submitted with respect to the annual call for proposals for the 2007 budget.

5. The Commission shall make an annual call for proposals for the components listed in Article 4(1), having regard, in particular, to the multi-annual strategic programme set out in Annex II and any national annual priorities submitted in accordance with paragraph 4 of this Article.

6. Member States shall forward all proposals for projects to be financed to the Commission. In the case of transnational projects, the Member State in which the beneficiary is registered shall forward the proposal. The project shall count proportionately towards the indicative national allocations of the Member States involved.

Member States may provide written comments on individual project proposals. They may comment, in particular, on whether a proposal corresponds to the national annual priorities selected from Annex II.

7. The Commission shall select projects on the basis of the objectives and criteria set out in Articles 1, 3 and 4 and in Annexes I and II.

When compiling the list of projects considered for financial support in accordance with the indicative national allocations established pursuant to paragraph 2, the Commission shall give priority to those projects that make the greatest contribution to the achievement of Community objectives, taking into account:

(a) national priorities submitted in accordance with paragraph 4;

and

(b) comments from Member States on individual project proposals pursuant to paragraph 6.

The Commission shall have special regard to transnational projects when transnational cooperation is essential to guarantee environmental protection, in particular species conservation, and shall endeavour to ensure that at least 15 % of the budgetary resources dedicated to action grants for projects are allocated to transnational projects.

8. If the sum of co-financing necessary for projects on the list compiled in accordance with paragraph 7 with respect to a given Member State is less than the indicative allocation for that Member State based on the criteria set out in paragraph 2, the Commission shall use the balance to co-finance those projects submitted by other Member States that make the greatest contribution to the achievement of the Community objectives set out in Articles 1, 3 and 4 and Annexes I and II.

9. When proposing the list of projects to be co-financed to the Committee referred to in Article 13(1), the Commission shall provide a written explanation of how it had regard to the allocation criteria established in accordance with paragraph 2 of this Article and national annual priorities and comments submitted in accordance with paragraphs 4 and 6 of this Article, while respecting the objectives and criteria set out in Articles 1, 3 and 4.

10. The Commission shall regularly publish lists of projects financed through LIFE+, including a short description of objectives and results achieved and a summary of funds expended. It shall do so using appropriate media and technologies, including the Internet.

Article 7 Beneficiaries

Public and/or private bodies, actors and institutions may receive financing through LIFE+.

Article 8 Participation of third countries

Programmes financed through LIFE+ shall be open to the participation of the following countries, provided that supplementary appropriations are received:

(a)

EFTA States which have become members of the European Environment Agency in accordance with Council Regulation (EC) No 933/1999 of 29 April 1999 amending Regulation (EEC) No 1210/90 on the establishment of the European Environment Agency and the European environment information and observation network(1);

(b)

candidate countries for accession to the European Union;

(c)

Western Balkan countries included in the Stabilisation and Association Process.

Article 9 Complementarity between financial instruments

This Regulation shall not finance measures which fall within the eligibility criteria and main scope of, or receive assistance for the same purpose from, other Community financial instruments, including the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development, the Competitiveness and Innovation Framework Programme, the European Fisheries Fund and the Seventh Framework Programme for research, technological development and demonstration activities. The beneficiaries under this Regulation shall provide information on funding they have received from the Community budget and on their ongoing applications for funding to the Commission. The Commission and Member States shall take steps to ensure coordination and complementarity with other Community instruments. The Commission shall report on these matters in the context of the mid-term review and final evaluation provided for in Article 15.

Article 10 Duration and budgetary resources

1. This Regulation shall be implemented during the period beginning on 1 January 2007 and ending on 31 December 2013.

2. The financial envelope for the implementation of LIFE+ shall be set at EUR 2 143 409 000 for the period from 1 January 2007 to 31 December 2013.

3. The budgetary resources allocated to the actions provided for in this Regulation shall be entered in the annual appropriations of the general budget of the European Union.

The budgetary authority shall authorise the available annual appropriations within the limits of the financial framework.

4. At least 50 % of the budgetary resources for LIFE+ dedicated to action grants for projects shall be allocated to measures to support the conservation of nature and biodiversity.

Article 11 Monitoring

1. For projects financed by LIFE+, the beneficiary shall submit to the Commission technical and financial reports on the progress of work. A final report shall also be submitted within three months of the completion of each project.

2. Without prejudice to the audits carried out by the Court of Auditors in liaison with the competent national audit bodies or departments pursuant to Article 248 of the Treaty, or any inspection carried out pursuant to Article 279(1)(b) of the Treaty, officials and other staff of the Commission shall carry out on-the-spot checks, including sample checks, on projects financed under LIFE+, in particular to check compliance with the eligibility criteria set out in Article 3.

3. Contracts and agreements resulting from this Regulation shall provide in particular for supervision and financial control by the Commission, or any representative that the Commission may authorise, and for audits by the Court of Auditors, if necessary on-the-spot.

4. The beneficiary of financial assistance shall keep available for the Commission, for a period of five years following the last payment in respect of any project, all supporting documents regarding expenditure on that project.

5. On the basis of the results of the reports and sample checks referred to in paragraphs 1 and 2, the Commission shall, if necessary, adjust the scale or the conditions of allocation of the financial assistance originally approved as well as the timetable for payments.

6. The Commission shall take all other steps necessary to verify that projects financed are carried out properly and in compliance with the provisions of this Regulation and the Financial Regulation.

Article 12 Protection of Community financial interests

1. The Commission shall ensure that, when projects financed under this Regulation are implemented, the financial interests of the Community are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and by the recovery of the amounts unduly paid and, if irregularities are detected, by the application of effective, proportional and dissuasive penalties, in accordance with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities' financial interests(2), Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities(3), and Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF)(4).

2. For projects financed under LIFE+, ‘irregularity’, as referred to in Article 1(2) of Regulation (EC, Euratom) No 2988/95, shall mean any infringement of a provision of Community law or any breach of a contractual obligation resulting from an act or omission by an economic operator which has, or would have, the effect of prejudicing the general budget of the European Union or budgets managed by the Communities by an unjustified item of expenditure.

3. The Commission shall reduce, suspend or recover the amount of financial assistance granted for a project if it finds irregularities, including non-compliance with the provisions of this Regulation or the individual decision or the contract or agreement granting the financial assistance in question, or if it transpires that, without Commission approval having being sought, the project has been subjected to a change which conflicts with its nature or implementing conditions.

4. If time limits have not been observed or if only part of the allocated financial assistance is justified by the progress made with implementing a project, the Commission shall request the beneficiary to submit observations within a specified period. If the beneficiary does not give a satisfactory answer, the Commission may cancel the remaining financial assistance and demand repayment of sums already paid.

5. Any undue payment shall be repaid to the Commission. Interest shall be added to any sums not repaid in good time under the conditions laid down by the Financial Regulation.

Article 13 Committee

1. The Commission shall be assisted by a committee.

2. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

3. 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 laid down in Article 4(2) of Decision 1999/468/EC shall be set at three months.

Article 14 Implementing decisions

1. The following decisions, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(2):

(a) to add measures to Annex I;

(b) to amend Annex II.

2. The following implementing decisions shall be taken in accordance with the procedure referred to in Article 13(3):

(a) to specify the format, content and submission dates for national annual priorities for the purposes of Article 6(4);

(b) to lay down the methodology of the project selection procedure for 2008 to 2013 in accordance with Article 6;

(c) to decide upon the list of projects accepted for co-financing as set out in Article 6(7) and (8);

(d) to determine the form and content of the reports referred to in Article 11(1);

and

(e) to establish indicators to assist the monitoring of measures financed by LIFE+.

Article 15 Evaluation

1. The Commission shall ensure that regular monitoring of multi-annual programmes takes place to assess their impact.

2. No later than 30 September 2010, the Commission shall submit a mid-term review of LIFE+ to the European Parliament and to the Committee referred to in Article 13(1). The mid-term review shall evaluate the implementation of this Regulation from 2007 to 2009. The Commission shall, if appropriate, propose modifications to the implementing decisions in accordance with Article 14.

3. The Commission shall arrange for a final evaluation of the implementation of this Regulation assessing the contribution, both specifically and in general, that actions and projects financed under this Regulation have made to the implementation, updating and development of Community environmental policy and legislation and the use made of the appropriations. It shall submit this final evaluation to the European Parliament and the Council no later than 31 December 2012, together, if appropriate, with a proposal for the further development of a financial instrument exclusively in the environmental field, to apply from 2014 onwards.

Article 16 Repeal and transitional provisions

1. The following instruments shall be repealed with a view to simplification and consolidation:

(a) Regulation (EC) No 1655/2000 of the European Parliament and of the Council of 17 July 2000 concerning the Financial Instrument for the Environment (LIFE)(5);

(b) Decision No 1411/2001/EC of the European Parliament and of the Council of 27 June 2001 on a Community Framework for cooperation to promote sustainable urban development(6);

(c) Decision No 466/2002/EC of the European Parliament and of the Council of 1 March 2002 laying down a Community action programme promoting non-governmental organisations primarily active in the field of environmental protection(7);

(d) Regulation (EC) No 2152/2003 of the European Parliament and of the Council of 17 November 2003 concerning monitoring of forests and environmental interactions in the Community (Forest Focus)(8).

2. Measures started before 31 December 2006 pursuant to the acts referred to in paragraph 1 shall, until their completion, continue to be governed by those acts. The Committee referred to in Article 13(1) shall replace the committees provided for in these acts. This Regulation shall be used to fund any obligatory monitoring and evaluation required under those acts following their expiry. Until their completion, measures shall comply with the technical provisions defined in the acts referred to in paragraph 1.

3. For grants awarded in 2007 under point (a) of Annex I, the period of eligibility of expenditure may start on 1 January 2007, provided that the expenditure does not precede the date on which the beneficiary's budget year starts. For such grants, on an exceptional basis, the agreements referred to in Article 112(2) of the Financial Regulation may be signed not later than 31 October 2007.

4. The amount needed within the financial envelope to provide for monitoring and auditing measures in the period following 31 December 2013 shall be deemed to be confirmed only if it is consistent with the new financial framework applicable from 2014.

Article 17 Entry into force

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 23 May 2007.

For the European Parliament

The President

H.-G. Pöttering

For the Council

The President

G. Gloser