Legal provisions of COM(2002)404 - Monitoring of forests and environmental interactions in the EC (Forest Focus)

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dossier COM(2002)404 - Monitoring of forests and environmental interactions in the EC (Forest Focus).
document COM(2002)404 EN
date November 17, 2003


Contents

SECTION 1 - Objectives, content and definitions


Article 1

1. A Community scheme for broad-based, harmonised and comprehensive, long-term monitoring of the condition of forests, (hereinafter referred to as 'the scheme') is hereby established to:

(a) continue and further develop:

- monitoring of air pollution and air pollution effects and of other agents and factors that have an impact on forests, such as biotic and abiotic factors and factors of anthropogenic origin,

- monitoring of forest fires and their causes and effects,

- forest fire prevention;

(b) assess the requirements for and develop the monitoring of soils, carbon sequestration, climate change effects and biodiversity, as well as protective functions of forests;

(c) continuously evaluate the efficiency of the monitoring activities in the assessment of the condition of forests and the further development of monitoring activity.

The scheme shall provide reliable and comparable data and information on the condition of and harmful influences on forests at Community level. It shall also help to evaluate ongoing measures to promote conservation and protection of forests for the benefit of sustainable development, with particular emphasis on actions taken to reduce impacts negatively affecting forests. The scheme will take account of, and where appropriate link to, existing and planned national, European and global monitoring mechanisms and will be in line with relevant international agreements.

2. Where reference is made to forests in this Regulation, Member States may include other wooded land. Where reference is made to forests in the context of forest fires in this Regulation, Member States may in addition include other land.

3. In France, the scheme shall not be applicable to the overseas departments.

Article 2

1. The scheme shall provide for actions designed to:

(a) promote harmonised collection, handling and assessment of data;

(b) improve data evaluation and promote integrated data evaluation at Community level;

(c) improve the quality of data and information gathered under the scheme;

(d) further develop the monitoring activity of the scheme;

(e) enhance the understanding of forests and, in particular, the impact of natural and anthropogenic stresses;

(f) study the dynamics of forest fires and their causes and impacts on forests;

(g) develop indicators as well as methodologies for risk assessment concerning multiple stresses on forests over time and space.

2. The actions set out in paragraph 1 shall be complementary to Community research programmes.

Article 3

For the purposes of this Regulation, the following definitions shall apply:

(a) 'forest' means land with tree crown cover (or equivalent stocking level) of more than 10 % and area of more than 0,5 ha. The trees should be able to reach a minimum height of 5 m at maturity in situ. It may consist either of closed forest formations where trees of various storeys and undergrowth cover a high proportion of the ground, or of open forest formations with a continuous vegetation cover in which tree crown cover exceeds 10 %. Young natural stands and all plantations established for forestry purposes which have yet to reach a crown density of 10 % or tree height of 5 m are included under forest, as are areas normally forming part of the forest area which are temporarily unstocked as a result of human intervention or natural causes but which are expected to revert to forest. The definition of 'forest' includes: forest nurseries and seed orchards that constitute an integral part of the forest; forest roads, cleared tracts, firebreaks and other small open areas within the forest; forest in national parks, nature reserves and other protected areas such as those of special environmental, scientific, historical, cultural or spiritual interest; windbreaks and shelterbelts of trees with an area of more than 0,5 ha and a width of more than 20 m. Rubberwood plantations and cork oak stands are included. However, the definition of 'forest' excludes: land predominantly used for agricultural practices;

(b) 'other wooded land' means land either with a tree crown cover (or equivalent stocking level) of 5 to 10 % of trees able to reach a height of 5 m at maturity in situ, or a crown cover (or equivalent stocking level) of more than 10 % of trees not able to reach a height of 5 m at maturity in situ (e.g. dwarf or stunted trees) and shrub or bush cover. The definition of 'other wooded land' excludes: areas having the tree, shrub or bush cover specified above but of less than 0,5 ha and width of 20 m, which are classed under 'other land'; land predominantly used for agricultural practices;

(c) 'other land' means land not classified as forest or other wooded land as defined in this Regulation, but which nonetheless has been included in forest fire statistics under national law. Such land may include heathland, waste land or agricultural land adjoining or enclosed by forest land;

(d) 'forest fire' means fire which breaks out and spreads on forest and other wooded land or which breaks out on other land and spreads to forest and other wooded land. The definition of 'forest fire' excludes: prescribed or controlled burning, usually with the aim of reducing or eliminating the quantity of accumulated fuel on the ground;

(e) 'geo-referenced' means a reference to a specific geographic area within which data or other information is gathered. The area referred to may be larger than the area or point from which the data/information is gathered, for example in order to ensure anonymity as regards the source of gathered data/information.

SECTION 2 - Monitoring and tools to improve and develop the scheme


Article 4

1. Building on the achievements of Regulation (EEC) No 3528/86, the scheme shall:

(a) continue and further develop the systematic network of observation points in order to conduct periodic inventories in order to gather representative information on the condition of forests;

(b) continue and further develop the network of observation plots, on which intensive and continuous monitoring of forests is carried out.

2. Detailed rules for the implementation of paragraph 1 shall be laid down in accordance with the procedure referred to in Article 17(2).

Article 5

1. Building on the achievements of Regulation (EEC) No 2158/92, the scheme shall continue and further develop the information system in order to collect comparable information on forest fires at Community level.

2. The scheme shall allow Member States to conduct studies on the identification of the causes and dynamics of forest fires, as well as on their impacts on forests. Those studies shall complement activities and measures relating to forest fires undertaken in accordance with Decision 1999/847/EC, Regulation (EC) No 1257/1999 and Regulation (EEC) No 1615/89.

In addition and up to 31 December 2005, awareness-raising campaigns and special training for agents involved in fire prevention interventions shall be financed separately in accordance with Article 13(1), unless such measures are included in the rural development programmes.

3. Forest fire prevention measures which were eligible under Regulation (EEC) No 2158/92 shall be financed in accordance with Articles 12(2)b and 13(1), provided that they are not supported by Regulation (EC) No 1257/1999 and that they are not included in the national/regional rural development programmes.

4. Member States may, at their request, participate in the measures and activities referred to in paragraphs 1 and 2.

5. Detailed rules for the implementation of paragraphs 1 and 2 shall be laid down in accordance with the procedure referred to in Article 17(2).

Article 6

1. For the realisation of the objectives set out in Article 1(1)(b) the scheme shall be developed by means of studies, experiments, demonstration projects, testing on a pilot basis and establishment of new monitoring activities. The Commission shall, in cooperation with the Member States, develop the scheme, in particular to:

(a) enhance the knowledge of the condition of forests and other wooded land as well as the relationship between their condition and natural and anthropogenic stress factors;

(b) assess impacts of climate change on forests and other wooded land, including impacts on their biological diversity and their relationship with carbon sequestration and soil;

(c) taking into account the relevant existing indicators, identify key structural and functional ecosystem elements to be used as indicators for assessing status and trends of biological diversity in forests and the protective functions of forests.

2. In parallel with the measures set out in paragraph 1, the Member States may, at the request of the Commission or on their own initiative, carry out studies, experiments, demonstration projects or a monitoring test phase.

3. The measures set out in paragraphs 1 and 2 shall help to identify options for the establishment of new monitoring activities under the scheme, which should contribute substantially to the information and monitoring needs within the fields listed under Article 1(1)(b). The implementation of these activities shall be considered as part of the review referred to in Article 18. When developing the scheme, the Commission shall take account of scientific as well as financial needs and restrictions.

4. Detailed rules for the implementation of paragraphs 1, 2 and 3, including decisions on the implementation of new monitoring activities, shall be laid down in accordance with the procedure referred to in Article 17(2).

Article 7

1. For the realisation of the objectives set out in Article 1(1)(c) and in addition to the actions set out in Article 6, the Commission, in close cooperation with the Member States, shall conduct studies, experiments and demonstration projects in order to:

(a) promote harmonised collection, handling and assessment of data at Community level;

(b) improve data evaluation at Community level;

(c) improve the quality of data and information gathered under the scheme.

2. For the realisation of the objectives set out in Article 1(1)(c) and in addition to the actions set out in Article 6, Member States may integrate in their national programmes studies, experiments and demonstration projects in the areas described under paragraph 1.

3. Detailed rules for the implementation of paragraph 1 shall be laid down in accordance with the procedure referred to in Article 17(2).

SECTION 3 - National programmes, coordination and cooperation


Article 8

1. The activities provided for in Articles 4, 5, 6(2) and (3) and 7(2) shall be implemented under national programmes, to be drawn up by the Member States for periods of two years.

2. The national programmes shall be submitted to the Commission within 60 days following the entry into force of this Regulation and thereafter before 1 November in the year preceding the commencement date of each three-year period.

3. Member States shall adapt their national programmes with the approval of the Commission, in particular in order to allow for the extension of the monitoring activity, developed in accordance with Article 6, when established.

4. The national programmes shall be accompanied by an ex ante evaluation when they are submitted to the Commission. The Member States shall also carry out mid-term evaluations at the end of the third year of the period indicated in Article 12 and ex post evaluations at the end of that period.

5. The Commission shall, on the basis of the national programmes submitted, or on the basis of any approved adaptations of these national programmes, decide on the financial contributions to the eligible costs.

6. Detailed rules for the implementation of paragraphs 1 to 5 shall be laid down in accordance with the procedure referred to in Article 17(2), taking into account national, European and international monitoring mechanisms in order to avoid any additional administrative burden.

Article 9

1. The Commission, in cooperation with the Member States, shall coordinate, monitor and develop the scheme and shall report on it, in particular to the Standing Forestry Committee.

2. The Commission, in cooperation with the Member States, shall assess data at Community level and shall ensure the evaluation of the collected data and information at Community level in accordance with Article 15.

3. The Commission shall establish a scientific advisory group which shall assist the Standing Forestry Committee in preparing its work, in particular to develop the scheme as referred to in Article 6.

4. To fulfil the tasks laid down in paragraphs 1 and 2, the Commission shall establish a scientific coordination body within the Joint Research Centre, and may consult and contract research institutes and experts, taking full account of the range of different forest ecosystems in the Community.

5. To fulfil its reporting tasks laid down in paragraph 1 the Commission shall be assisted by the European Environmental Agency.

6. Detailed rules for the implementation of paragraph 3 shall be laid down in accordance with the procedure referred to in Article 17(2).

Article 10

1. To harmonise the activities referred to in Articles 4, 5 and 6(3) and to ensure the comparability of data, manuals shall specify mandatory and optional parameters and lay down the monitoring methods as well as the data formats to be used for data transmission. Manuals should build on existing systems where available and appropriate.

2. Detailed rules for the implementation of paragraph 1 shall be laid down in accordance with the procedure referred to in Article 17(2).

Article 11

1. In the context of the objectives set out in Article 1, the Commission and the Member States shall cooperate and foster synergies with other bodies at an international or pan-European level in order to promote conservation and protection of forests for the benefit of sustainable development.

2. In the context of Article 4, the Commission shall collaborate with ICP Forests to meet obligations set out in the framework of the Convention on Long-range Transboundary Air Pollution.

3. For the purpose of the cooperation referred to in paragraphs 1 and 2, the Community may support the following activities:

(a) establishment of appropriate links to the scientific coordination body;

(b) studies and data evaluations.

SECTION 4 - Period of execution and financial aspects


Article 12

1. The scheme shall run for a period of four years from 1 January 2003 to 31 December 2006.

2. For the purposes of the scheme the maximum financial support of the Community to the eligible costs of the national programmes shall be as follows:

(a) activities to be carried out under Article 4: 50 %;

(b) activities to be carried out under Article 5: 50 %;

(c) activities to be carried out under Article 6(2): 75 %;

(d) activities to be carried out under Article 6(3): 50 %;

(e) activities to be carried out under Article 7(2): 50 %.

3. The Commission shall pay the Community contribution to the eligible costs to the Member States.

4. Expenditure incurred by Member States in carrying out national programmes approved by the Commission shall exceptionally be eligible for co-financing if those actions were launched after 1 January 2003 and before the date of entry into force of this Regulation, provided these actions are not complete when the Commission decides upon the national programmes.

5. The Commission shall finance activities to be carried out under Articles 6(1), 7(1) and 9(1), (2) and (4) in accordance with the applicable rules for public procurement.

6. The Community may provide a contribution to the European Environmental Agency for the fulfilment of the tasks set out in Articles 9(5) and 18.

7. The Commission may finance activities of the scientific advisory group referred to in Article 9(3) for the fulfilment of the tasks set out in the detailed rules.

8. The Community may provide a contribution to ICP Forests in order to meet the Community's obligations set out in Article 11(2).

Article 13

1. The financial framework for the implementation of the scheme for the period 2003 to 2006 shall be EUR 61 million, of which EUR 9 million can be used for fire prevention measures.

2. The financial resources fixed in paragraph 1 shall be increased in the case of accession of new Member States to the European Union.

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

SECTION 5 - Execution, reporting by Member States, Standing Forestry Committee


Article 14

1. Member States shall designate the bodies competent to manage the activities included in the approved national programmes, on the basis of the financial and operational capacity of those bodies. Those bodies may be either national administrations or other entities, subject to the Commission's approval of private entities with a public service mission providing adequate financial guarantees and complying with the conditions provided for in the detailed rules for the implementation of this paragraph.

2. Without prejudice to the existing competent authorities, Member States shall designate the authorities and agencies empowered to carry out the measures adopted in accordance with this Regulation.

3. Member States shall be responsible for the sound and efficient management of the Community contribution. To that end, they shall adopt the provisions necessary to:

(a) ensure that the activities financed by the Community are actually carried out and that they are carried out in the proper manner, ensuring the visibility of the contribution of the Community;

(b) prevent any irregularity;

(c) recover payments lost as a result of any irregularity or negligence;

(d) ensure that the bodies mentioned in paragraph 1 have proper internal management and control systems;

(e) ensure that, if the bodies mentioned in paragraph 1 are not public entities, Member States stand guarantee for them.

4. Member States shall provide the Commission with all the necessary information and shall make any arrangements which may facilitate checks, including on-the-spot inspections by the Commission or the European Court of Auditors, which the Commission considers appropriate for the purposes of managing Community financing. Member States shall inform the Commission of any arrangements made to this end.

5. Detailed rules for the implementation of paragraphs 1 to 4 shall be laid down in accordance with the procedure referred to in Article 17(2).

Article 15

1. The Member States shall annually, through the designated authorities and agencies, forward to the Commission the data gathered under the scheme, together with a report on them.

The data shall be geo-referenced and transmitted to the Commission by means of computer telecommunications and/or electronic technology. The Commission shall, in close cooperation with the Member States, establish the format and particulars needed for such transmission.

2. The Member States shall actively disseminate the data gathered, on the basis of common formats and standards and through electronic geo-referenced databases, which will be administered in accordance with the principles of the Aarhus Convention and relevant Community provisions on access to environmental information.

3. In order to promote the evaluation of the data and to obtain the highest added value from the use of the data, the Commission's right to use and disseminate data in accordance with the principles of the Aarhus Convention and relevant Community provisions on access to environmental information shall not be restricted. In any such dissemination of data gathered from Member States, the Member States must be accredited as the source.

4. Detailed rules for the implementation of paragraph 1 shall be laid down in accordance with the procedure referred to in Article 17(2).

Article 16

1. Each Member State shall draw up, in particular on the basis of the activities set out in Article 4(1), a report on the national situation regarding condition of forests.

The report shall be transmitted to the Commission no later than 31 December 2005.

2. Each Member State participating in the activities set out in Article 5 shall draw up a report on the national situation regarding the impact of fires on forests.

The report shall be transmitted to the Commission no later than 31 December each year, starting from 2003.

3. Each Member State shall draw up a report on the national situation regarding matters covered by the monitoring activities referred to in Article 6(3), when established.

Guidelines for the reporting and the reporting period shall be laid down in accordance with the procedure referred to in Article 17(2).

Article 17

1. The Commission shall be assisted by the Standing Forestry Committee.

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

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at two months.

3. The Committee shall adopt its Rules of Procedure.

SECTION 6 - Reporting by the Commission, review, candidate countries


Article 18

Six months from the date set for the transmission of the reports referred to in Article 16(1) and taking into account all reports transmitted pursuant to Article 16, the Commission, assisted by the European Environment Agency, shall submit a report on the implementation of the scheme to the European Parliament and to the Council, reviewing the effectiveness of the scheme in order to provide a basis for any decisions on the continuation of these activities after 2006. To this end, the Commission is invited to present a proposal.

Article 19

Before the expiry of the period referred to in Article 12(1), the Commission shall submit to the European Parliament and to the Council a report on the implementation of the scheme, taking into account the review referred to in Article 18.

Article 20

This scheme shall be open to participation by:

(a) the candidate countries of central and eastern Europe, in accordance with the conditions established in the Europe Agreements, in their additional protocols and in the decisions of the respective association councils;

(b) Cyprus, Malta and Turkey, on the basis of bilateral agreements to be concluded with these countries;

(c) other European countries, optionally, at their own expense.

Article 21

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

It shall apply from 1 January 2003.


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