9.6.

2007 EN Official Journal of the European Union L 149/1

I
(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

REGULATIONS

REGULATION (EC) No 614/2007 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 23 May 2007
concerning the Financial Instrument for the Environment (LIFE+)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO- Development Fund, the European Social Fund, the Cohe-
PEAN UNION, sion Fund, the European Agricultural Fund for Rural
Development, the Competitiveness and Innovation Frame-
work Programme, the European Fisheries Fund and the
Having regard to the Treaty establishing the European Commu- Seventh Framework Programme for research, technologi-
nity, and in particular Article 175(1) thereof, cal development and demonstration activities.

Having regard to the proposal from the Commission,

(2) These Community financial instruments do not cover all

environmental priorities. There is therefore a need for a
Having regard to the opinion of the European Economic and
Financial Instrument for the Environment (LIFE+) to pro-
Social Committee (1),
vide specific support for developing and implementing
Community environmental policy and legislation, in par-
ticular the objectives of the Sixth Community Environ-
Having regard to the Opinion of the Committee of the ment Action Programme (6th EAP) laid down by Decision
Regions (2), No 1600/2002/EC of the European Parliament and of the
Council of 22 July 2002 (4).

Acting in accordance with the procedure laid down in Article 251

of the Treaty (3), in the light of the joint text approved by the
Conciliation Committee on 8 May 2007,
(3) Support should be provided through grant agreements and
public procurement contracts in accordance with Council
Whereas: Regulation (EC, Euratom) No 1605/2002 of 25 June 2002
on the Financial Regulation applicable to the general bud-
get of the European Communities (5).
(1) Environmental protection is one of the key dimensions of
sustainable development of the European Union. It is a
priority for Community co-financing and should be
funded primarily through the Community’s horizontal
financial instruments, including the European Regional (4) Projects financed under LIFE+ should meet eligibility cri-
teria to secure the best possible use of Community funds,
to ensure European added value and to avoid financing
(1) OJ C 255, 14.10.2005, p. 52. recurring activities, such as day-to-day operations. This
(2) OJ C 231, 20.9.2005, p. 72. should not prevent the financing of innovative or demon-
(3) Opinion of the European Parliament of 7 July 2005 (OJ C 157 E, stration projects.
6.7.2006, p. 451), Council common position of 27 June 2006
(OJ C 238 E, 3.10.2006, p. 1) and position of the European Parlia-
ment of 24 October 2006 (not yet published in the Official Journal).
European Parliament legislative resolution of 22 May 2007 (not yet (4) OJ L 242, 10.9.2002, p. 1.
published in the Official Journal) and Council Decision of (5) OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC,
14 May 2007. Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).
L 149/2 EN Official Journal of the European Union 9.6.2007

(5) In the area of nature and biodiversity, the implementa- networking, mutual learning and the exchange of best
tion of Community policy and legislation itself provides a practice; and improved dissemination of information,
framework for European added value. Best-practice or awareness-raising and communication. Financial sup-
demonstration projects, including those relating to the port under this Regulation should therefore contribute to
management and designation of Natura 2000 sites in the development, implementation, monitoring and evalu-
accordance with Council Directive 92/43/EEC of ation of environmental policy and legislation, as well as
21 May 1992 on the conservation of natural habitats and its communication and dissemination throughout the
of wild fauna and flora (1) and Council Community.
Directive 79/409/EEC of 2 April 1979 on the conserva-
tion of wild birds (2), should be eligible for Community
financing under LIFE+, except where they are eligible for
funding under other Community financial instruments.
(10) LIFE+ should have three components: LIFE+ Nature and
Biodiversity, LIFE+ Environment Policy and Governance,
and LIFE+ Information and Communication. It should be
possible for projects financed by LIFE+ to contribute to
(6) Arrangements should be established to ensure adequate the achievement of the specific objectives of more than
financing for the Natura 2000 network, including Com- one of these three components and to involve the partici-
munity co-financing. Since the aim of this Regulation is pation of more than one Member State, as well as to con-
to finance only best-practice or demonstration projects tribute to the development of strategic approaches to
related to the management of Natura 2000 sites, the Com- meeting environmental objectives.
mission and Member States should ensure that sufficient
funds are made available through other instruments for
the management of the network, the annual cost of which
was estimated in 2004 to be around EUR 6 100 million.
(11) In order to carry out its role in the initiation of environ-
mental policy development and implementation, the Com-
mission should use resources from LIFE+ to complete
(7) Innovative or demonstration projects relating to Commu- studies and evaluations, to undertake services with a view
nity environmental objectives, including the development to the implementation and integration of environmental
or dissemination of best practice techniques, know-how policy and legislation, to hold meetings, seminars and
or technologies, as well as projects for awareness-raising workshops with experts and stakeholders, to develop and
campaigns and special training for agents involved in for- maintain networks and to develop and maintain computer
est fire prevention initiatives should be eligible for Com- systems. In addition, the Commission should use part of
munity financing under LIFE+, except where they are the LIFE+ budget to undertake information, publication
eligible for funding under other Community financial and dissemination activities, including events, exhibitions
instruments. and similar awareness-raising measures, for the prepara-
tion and production costs of audio-visual materials, and
to obtain technical and/or administrative assistance relat-
ing to the identification, preparation, management, moni-
toring, audit and supervision of programmes and projects.
(8) Projects for the development and implementation of Com-
munity objectives relating to the broad-based, harmon-
ised, comprehensive and long-term monitoring of forests
and environmental interactions should be eligible for
Community financing under LIFE+, except where they are (12) Non-governmental organisations (NGOs) contribute to the
eligible for funding under other Community financial development and implementation of Community environ-
instruments. mental policy and legislation. It is therefore appropriate
for part of the LIFE+ budget to support the operations of
a number of appropriately qualified environmental NGOs
through the competitive and transparent awarding of
(9) The challenge of effective policy development and imple- annual operating grants. Such NGOs would need to be
mentation under the 6th EAP can be met only through independent and non-profit-making and to pursue activi-
support for best-practice or demonstration projects for the ties in at least three European countries, either alone or in
development or implementation of Community environ- the form of an association.
mental policy; demonstration of innovative policy
approaches, technologies, methods and instruments;
consolidating the knowledge base; building implementa-
tion capacity; fostering good governance, promoting
(13) The experience of current and past instruments has high-
lighted the need to plan and programme on a multi-
(1) OJ L 206, 22.7.1992, p. 7. Directive as last amended by Directive annual basis and to concentrate efforts to promote
2006/105/EC (OJ L 363, 20.12.2006, p. 368). environmental protection by prioritising and targeting the
(2) OJ L 103, 25.4.1979, p. 1. Directive as last amended by Directive areas of activity able to benefit from Community
2006/105/EC. co-financing.
9.6.2007 EN Official Journal of the European Union L 149/3

(14) Member States should be able to submit national annual improve delivery at national or local levels, to achieve
priorities, different both from plans and programmes Community goals or to provide for Community-wide
which are prepared for a number of sectors and which set exchanges of information, Member States can achieve
a framework for future development consent and from European added value. Since this objective of LIFE+ can-
plans and programmes which have been determined to not be sufficiently achieved by the Member States and can
require assessment pursuant to Directive 92/43/EEC, and therefore be better achieved at Community level, the Com-
those priorities should not be considered plans or pro- munity may adopt measures, in accordance with the prin-
grammes subject to Directive 2001/42/EC of the Euro- ciple of subsidiarity as set out in Article 5 of the Treaty.
pean Parliament and of the Council of 27 June 2001 on In accordance with the principle of proportionality, as set
the assessment of the effects of certain plans and pro- out in that Article, this Regulation does not go beyond
grammes on the environment (1). what is necessary in order to achieve its objective.

(21) The measures necessary for the implementation of this

(15) Environmental protection requirements should be inte- Regulation should be adopted in accordance with Council
grated into the definition and implementation of Commu- Decision 1999/468/EC of 28 June 1999 laying down the
nity policies and activities, including financial instruments. procedures for the exercise of implementing powers con-
LIFE+ should therefore be complementary to other Com- ferred on the Commission (3).
munity financial instruments and the Commission and
Member States should ensure such complementarity at
Community, national, regional and local level. (22) In particular, the Commission should be empowered to
add measures to Annex I and to amend Annex II to this
Regulation. Since those measures are of general scope and
are designed to amend non-essential elements of this
(16) In line with the conclusions of the Luxembourg European
Regulation, or to supplement it by the addition of new
Council (December 1997) and of the Thessaloniki Euro-
non-essential elements, they must be adopted in accor-
pean Council (June 2003), candidate countries and the
dance with the regulatory procedure with scrutiny pro-
Western Balkan countries in the Stabilisation and Associa- vided for in Article 5a of Decision 1999/468/EC,
tion Process should be eligible to participate in Commu-
nity programmes, in accordance with the conditions
established in the relevant bilateral agreements concluded
with these countries. HAVE ADOPTED THIS REGULATION:

(17) It is necessary to consolidate a number of existing envi- Article 1

ronmental instruments and to simplify programming and
management by creating a single, streamlined financial Purpose
instrument for the environment.
1. This Regulation establishes a financial instrument for the
environment (‘LIFE+’).
(18) It is also necessary to ensure a smooth transition and to
continue to monitor, audit and qualitatively assess the
activities financed under current programmes following 2. The general objective of LIFE+ shall be to contribute to the
their expiry. implementation, updating and development of Community envi-
ronmental policy and legislation, including the integration of the
environment into other policies, thereby contributing to sustain-
able development. In particular, LIFE+ shall support the imple-
(19) This Regulation lays down, for the entire duration of the
mentation of the 6th EAP, including the thematic strategies, and
programme, a financial envelope constituting the prime finance measures and projects with European added value in
reference, within the meaning of point 37 of the Interin- Member States.
stitutional Agreement of 17 May 2006 between the Euro-
pean Parliament, the Council and the Commission on
budgetary discipline and sound financial management (2),
for the budgetary authority during the annual budgetary Article 2
procedure.
Definitions

(20) The general objective of LIFE+ is to contribute to the For the purpose of this Regulation:
implementation, updating and development of Commu-
nity environmental policy and legislation and, in particu-
lar, to support the implementation of the 6th EAP. By (1) ‘6th EAP’ means the Sixth Community Environment Action
working together through Community instruments to Programme laid down by Decision No 1600/2002/EC;

(1) OJ L 197, 21.7.2001, p. 30. (3) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision
(2) OJ C 139, 14.6.2006, p. 1. 2006/512/EC (OJ L 200, 22.7.2006, p. 11).
L 149/4 EN Official Journal of the European Union 9.6.2007

(2) ‘Financial Regulation’ means Regulation (EC, Euratom) 2. The specific objectives of LIFE+ Nature and Biodiversity
No 1605/2002. shall be:

Article 3 (a) to contribute to the implementation of Community policy

and legislation on nature and biodiversity, in particular
Eligibility criteria 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
1. Projects financed by LIFE+ shall satisfy the following coastal and marine habitats and species;
criteria:

(a) being of Community interest by making a significant contri- (b) to contribute to the consolidation of the knowledge base for
bution to the achievement of the general objective of LIFE+ the development, assessment, monitoring and evaluation of
set out in Article 1(2); Community nature and biodiversity policy and legislation;

(b) being technically and financially coherent and feasible and

providing value for money. (c) to support the design and implementation of policy
approaches and instruments for the monitoring and assess-
ment of nature and biodiversity and the factors, pressures
Where possible, projects financed by LIFE+ shall promote syner- and responses that impact on them, in particular in relation
gies between different priorities under the 6th EAP, and to the achievement of the target of halting biodiversity loss
integration. within the Community by 2010 and the threat to nature
and biodiversity posed by climate change;

2. In addition, to ensure European added value and avoid

financing recurring activities, projects shall satisfy at least one of (d) to provide support for better environmental governance by
the following criteria: broadening stakeholder involvement, including that of
NGOs, in consultations on, and the implementation of,
nature and biodiversity policy and legislation.
(a) being best-practice or demonstration projects, for the imple-
mentation of Directive 79/409/EEC or Directive 92/43/EEC;

3. The specific objectives of LIFE+ Environment Policy and

(b) being innovative or demonstration projects, relating to Com- Governance shall be, in relation to the objectives of the 6th EAP,
munity environmental objectives, including the development including for the priority areas of climate change, environment
or dissemination of best practice techniques, know-how or and health and quality of life, and natural resources and wastes:
technologies;

(c) being awareness-raising campaigns and special training for (a) to contribute to the development and demonstration of
agents involved in forest fire prevention; innovative policy approaches, technologies, methods and
instruments;

(d) being projects for the development and implementation of

Community objectives relating to the broad-based, harmon- (b) to contribute to consolidating the knowledge base for the
ised, comprehensive and long-term monitoring of forests development, assessment, monitoring and evaluation of
and environmental interactions. environmental policy and legislation;

Article 4 (c) to support the design and implementation of approaches to

Specific objectives monitoring and assessment of the state of the environment
and the factors, pressures and responses that impact on it;

1. LIFE+ shall consist of three components:

(d) to facilitate the implementation of Community environmen-
tal policy, with particular emphasis on implementation at
— LIFE+ Nature and Biodiversity, local and regional level;

— LIFE+ Environment Policy and Governance,

(e) to provide support for better environmental governance by
broadening stakeholder involvement, including that of
— LIFE+ Information and Communication. NGOs, in policy consultation and implementation.
9.6.2007 EN Official Journal of the European Union L 149/5

4. The specific objectives of LIFE+ Information and Commu- 6. The Commission shall implement this Regulation in accor-
nication shall be: dance with the Financial Regulation.

(a) to disseminate information and raise awareness on environ- Article 6

mental issues, including forest fire prevention; Programming and project selection

1. At least 78 % of the budgetary resources for LIFE+ shall be

(b) to provide support for accompanying measures, such as
used for action grants for projects.
information, communication actions and campaigns, confer-
ences and training, including training on forest fire
prevention. 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 follow-
5. Annex I contains the list of eligible measures. ing criteria:

(a) population:

Article 5
(i) the total population of each Member State. A weight-
Types of intervention ing of 50 % shall be applied to this criterion;

and
1. Community funding may take the following legal forms:
(ii) the population density of each Member State, up to a
limit of twice the EU’s average population density. A
(a) grant agreements; weighting of 5 % shall be applied to this criterion;

(b) nature and biodiversity:

(b) public procurement contracts.
(i) the total area of sites of Community importance for
each Member State, expressed as a proportion of the
2. Community grants may be provided in specific forms, such total area of sites of Community importance. A weight-
as framework partnership agreements, participation in financial ing of 25 % shall be applied to this criterion;
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 provi- and
sions of the Financial Regulation.
(ii) the proportion of a Member State’s territory covered by
sites of Community importance in relation to the pro-
3. For action grants, the maximum rate of co-financing shall portion of Community territory covered by sites of
be 50 % of eligible costs. However, by way of exception, the Community importance. A weighting of 20 % shall be
maximum co-financing rate for LIFE+ Nature and Biodiversity applied to this criterion.
may be up to 75 % of eligible costs in the case of projects con-
cerning priority habitats or species for the implementation of As soon as relevant data are available for all Member States, the
Directive 92/43/EEC or the species of birds considered as a pri- Commission shall make the calculations for nature and biodiver-
ority for funding by the committee set up pursuant to Article 16 sity on the basis of both sites of Community importance and
of Directive 79/409/EEC when this is necessary to achieve the special protection areas, while avoiding double counting.
conservation objective.
In addition, the Commission may make additional allocations to
land-locked Member States. The total amount of such allocations
4. In the case of public procurement contracts, Community shall not exceed 3 % of the total budgetary resources dedicated
funds may cover the costs of purchase of services and goods. to action grants for projects.
These costs may include expenditure on information and com-
munication, preparation, implementation, monitoring, checking
and evaluation of projects, policies, programmes and legislation. 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 popu-
5. Civil servants’ salary costs may be funded only to the extent lation density, environmental expenditure, environmental need
that they relate to the cost of project implementation activities and absorption capacity.
that the relevant public authority would not have carried out had
the project concerned not been undertaken. The staff in ques- 3. The multi-annual strategic programme set out in Annex II
tion must be specifically seconded to a project and they must specifies the priority areas of action for Community funding in
represent an additional cost with respect to existing permanent relation to the objectives and criteria set out in Articles 1, 3
staff. and 4.
L 149/6 EN Official Journal of the European Union 9.6.2007

Member States may, for the part of the budget to be used for The Commission shall have special regard to transnational
action grants for projects, submit to the Commission national projects when transnational cooperation is essential to guaran-
annual priorities selected from Annex II that, as appropriate: tee environmental protection, in particular species conservation,
and shall endeavour to ensure that at least 15 % of the budget-
ary resources dedicated to action grants for projects are allocated
(a) identify priority areas and types of projects, taking account to transnational projects.
of identified long-term needs;

8. If the sum of co-financing necessary for projects on the list

and compiled in accordance with paragraph 7 with respect to a given
Member State is less than the indicative allocation for that Mem-
ber State based on the criteria set out in paragraph 2, the Com-
(b) outline specific national objectives. mission shall use the balance to co-finance those projects
submitted by other Member States that make the greatest contri-
bution to the achievement of the Community objectives set out
If a Member State decides to submit national annual priorities to in Articles 1, 3 and 4 and Annexes I and II.
the Commission, it may include transnational priorities.
9. When proposing the list of projects to be co-financed to
the Committee referred to in Article 13(1), the Commission shall
4. If a Member State decides to submit national annual priori-
provide a written explanation of how it had regard to the alloca-
ties to the Commission, it shall do so as soon as possible, and
tion criteria established in accordance with paragraph 2 of this
no later than the date specified in accordance with
Article and national annual priorities and comments submitted
Article 14(2)(a). No such priorities shall be submitted with respect
in accordance with paragraphs 4 and 6 of this Article, while
to the annual call for proposals for the 2007 budget.
respecting the objectives and criteria set out in Articles 1, 3 and 4.

5. The Commission shall make an annual call for proposals 10. The Commission shall regularly publish lists of projects
for the components listed in Article 4(1), having regard, in par- financed through LIFE+, including a short description of objec-
ticular, to the multi-annual strategic programme set out in tives and results achieved and a summary of funds expended. It
Annex II and any national annual priorities submitted in accor- shall do so using appropriate media and technologies, including
dance with paragraph 4 of this Article. the Internet.

6. Member States shall forward all proposals for projects to

be financed to the Commission. In the case of transnational Article 7
projects, the Member State in which the beneficiary is registered Beneficiaries
shall forward the proposal. The project shall count proportion-
ately towards the indicative national allocations of the Member
States involved. Public and/or private bodies, actors and institutions may receive
financing through LIFE+.
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 Article 8
from Annex II. Participation of third countries

7. The Commission shall select projects on the basis of the Programmes financed through LIFE+ shall be open to the partici-
objectives and criteria set out in Articles 1, 3 and 4 and in pation of the following countries, provided that supplementary
Annexes I and II. appropriations are received:

When compiling the list of projects considered for financial sup- (a) EFTA States which have become members of the European
port in accordance with the indicative national allocations estab- Environment Agency in accordance with Council Regula-
lished pursuant to paragraph 2, the Commission shall give tion (EC) No 933/1999 of 29 April 1999 amending Regu-
priority to those projects that make the greatest contribution to lation (EEC) No 1210/90 on the establishment of the
the achievement of Community objectives, taking into account: European Environment Agency and the European environ-
ment information and observation network (1);

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

(b) candidate countries for accession to the European Union;

and
(c) Western Balkan countries included in the Stabilisation and
Association Process.
(b) comments from Member States on individual project pro-
posals pursuant to paragraph 6. (1) OJ L 117, 5.5.1999, p. 1.
9.6.2007 EN Official Journal of the European Union L 149/7

Article 9 officials and other staff of the Commission shall carry out on-the-
spot checks, including sample checks, on projects financed under
Complementarity between financial instruments
LIFE+, in particular to check compliance with the eligibility cri-
teria set out in Article 3.
This Regulation shall not finance measures which fall within the
eligibility criteria and main scope of, or receive assistance for the 3. Contracts and agreements resulting from this Regulation
same purpose from, other Community financial instruments, shall provide in particular for supervision and financial control
including the European Regional Development Fund, the Euro- by the Commission, or any representative that the Commission
pean Social Fund, the Cohesion Fund, the European Agricultural may authorise, and for audits by the Court of Auditors, if neces-
Fund for Rural Development, the Competitiveness and Innova- sary on-the-spot.
tion Framework Programme, the European Fisheries Fund and
the Seventh Framework Programme for research, technological
development and demonstration activities. The beneficiaries 4. The beneficiary of financial assistance shall keep available
under this Regulation shall provide information on funding they for the Commission, for a period of five years following the last
have received from the Community budget and on their ongo- payment in respect of any project, all supporting documents
ing applications for funding to the Commission. The Commis- regarding expenditure on that project.
sion 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 5. On the basis of the results of the reports and sample checks
mid-term review and final evaluation provided for in Article 15. referred to in paragraphs 1 and 2, the Commission shall, if nec-
essary, adjust the scale or the conditions of allocation of the
financial assistance originally approved as well as the timetable
for payments.
Article 10
Duration and budgetary resources 6. The Commission shall take all other steps necessary to
verify that projects financed are carried out properly and in com-
pliance with the provisions of this Regulation and the Financial
1. This Regulation shall be implemented during the period Regulation.
beginning on 1 January 2007 and ending on 31 December 2013.

Article 12
2. The financial envelope for the implementation of LIFE+
shall be set at EUR 2 143 409 000 for the period from 1 Janu- Protection of Community financial interests
ary 2007 to 31 December 2013.
1. The Commission shall ensure that, when projects financed
under this Regulation are implemented, the financial interests of
3. The budgetary resources allocated to the actions provided
the Community are protected by the application of preventive
for in this Regulation shall be entered in the annual appropria-
tions of the general budget of the European Union. measures against fraud, corruption and any other illegal activi-
ties, 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
The budgetary authority shall authorise the available annual
with Council Regulation (EC, Euratom) No 2988/95 of
appropriations within the limits of the financial framework.
18 December 1995 on the protection of the European Commu-
nities’ financial interests (1), Council Regulation (Euratom, EC)
No 2185/96 of 11 November 1996 concerning on-the-spot
4. At least 50 % of the budgetary resources for LIFE+ dedi- checks and inspections carried out by the Commission in order
cated to action grants for projects shall be allocated to measures
to protect the European Communities’ financial interests against
to support the conservation of nature and biodiversity.
fraud and other irregularities (2), and Regulation (EC)
No 1073/1999 of the European Parliament and of the Council
of 25 May 1999 concerning investigations conducted by the
Article 11 European Anti-Fraud Office (OLAF) (3).

Monitoring
2. For projects financed under LIFE+, ‘irregularity’, as referred
to in Article 1(2) of Regulation (EC, Euratom) No 2988/95, shall
1. For projects financed by LIFE+, the beneficiary shall sub- mean any infringement of a provision of Community law or any
mit to the Commission technical and financial reports on the breach of a contractual obligation resulting from an act or omis-
progress of work. A final report shall also be submitted within sion by an economic operator which has, or would have, the
three months of the completion of each project. effect of prejudicing the general budget of the European Union
or budgets managed by the Communities by an unjustified item
of expenditure.
2. Without prejudice to the audits carried out by the Court of
Auditors in liaison with the competent national audit bodies or (1) OJ L 312, 23.12.1995, p. 1.
departments pursuant to Article 248 of the Treaty, or any inspec- (2) OJ L 292, 15.11.1996, p. 2.
tion carried out pursuant to Article 279(1)(b) of the Treaty, (3) OJ L 136, 31.5.1999, p. 1.
L 149/8 EN Official Journal of the European Union 9.6.2007

3. The Commission shall reduce, suspend or recover the (d) to determine the form and content of the reports referred to
amount of financial assistance granted for a project if it finds in Article 11(1);
irregularities, including non-compliance with the provisions of
this Regulation or the individual decision or the contract or and
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 con- (e) to establish indicators to assist the monitoring of measures
flicts with its nature or implementing conditions. financed by LIFE+.

4. If time limits have not been observed or if only part of the

Article 15
allocated financial assistance is justified by the progress made
with implementing a project, the Commission shall request the Evaluation
beneficiary to submit observations within a specified period. If
the beneficiary does not give a satisfactory answer, the Commis- 1. The Commission shall ensure that regular monitoring of
sion may cancel the remaining financial assistance and demand multi-annual programmes takes place to assess their impact.
repayment of sums already paid.

2. No later than 30 September 2010, the Commission shall

5. Any undue payment shall be repaid to the Commission.
submit a mid-term review of LIFE+ to the European Parliament
Interest shall be added to any sums not repaid in good time under
and to the Committee referred to in Article 13(1). The mid-term
the conditions laid down by the Financial Regulation.
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 13
Article 14.
Committee
3. The Commission shall arrange for a final evaluation of the
1. The Commission shall be assisted by a committee. implementation of this Regulation assessing the contribution,
both specifically and in general, that actions and projects financed
2. Where reference is made to this paragraph, Article 5a(1) under this Regulation have made to the implementation, updat-
to (4) and Article 7 of Decision 1999/468/EC shall apply, hav- ing and development of Community environmental policy and
ing regard to the provisions of Article 8 thereof. legislation and the use made of the appropriations. It shall sub-
mit this final evaluation to the European Parliament and the
Council no later than 31 December 2012, together, if appropri-
3. Where reference is made to this paragraph, Articles 4 and 7 ate, with a proposal for the further development of a financial
of Decision 1999/468/EC shall apply, having regard to the pro- instrument exclusively in the environmental field, to apply from
visions of Article 8 thereof. 2014 onwards.

The period laid down in Article 4(2) of Decision 1999/468/EC

shall be set at three months. Article 16
Repeal and transitional provisions
Article 14
1. The following instruments shall be repealed with a view to
Implementing decisions simplification and consolidation:

1. The following decisions, designed to amend non-essential (a) Regulation (EC) No 1655/2000 of the European Parliament
elements of this Regulation, shall be adopted in accordance with and of the Council of 17 July 2000 concerning the Finan-
the regulatory procedure with scrutiny referred to in cial Instrument for the Environment (LIFE) (1);
Article 13(2):
(b) Decision No 1411/2001/EC of the European Parliament and
(a) to add measures to Annex I; of the Council of 27 June 2001 on a Community Frame-
work for cooperation to promote sustainable urban
(b) to amend Annex II. development (2);

2. The following implementing decisions shall be taken in (c) Decision No 466/2002/EC of the European Parliament and
accordance with the procedure referred to in Article 13(3): of the Council of 1 March 2002 laying down a Community
action programme promoting non-governmental organisa-
(a) to specify the format, content and submission dates for tions primarily active in the field of environmental
national annual priorities for the purposes of Article 6(4); protection (3);

(b) to lay down the methodology of the project selection pro- (1) OJ L 192, 28.7.2000, p. 1. Regulation as last amended by Regulation
(EC) No 1682/2004 (OJ L 308, 5.10.2004, p. 1).
cedure for 2008 to 2013 in accordance with Article 6;
(2) OJ L 191, 13.7.2001, p. 1. Decision as amended by Decision
No 786/2004/EC (OJ L 138, 30.4.2004, p. 7).
(c) to decide upon the list of projects accepted for co-financing (3) OJ L 75, 16.3.2002, p. 1. Decision as amended by Decision
as set out in Article 6(7) and (8); No 786/2004/EC.
9.6.2007 EN Official Journal of the European Union L 149/9

(d) Regulation (EC) No 2152/2003 of the European Parliament the beneficiary’s budget year starts. For such grants, on an excep-
and of the Council of 17 November 2003 concerning moni- tional basis, the agreements referred to in Article 112(2) of the
toring of forests and environmental interactions in the Com- Financial Regulation may be signed not later than
munity (Forest Focus) (1). 31 October 2007.

2. Measures started before 31 December 2006 pursuant to 4. The amount needed within the financial envelope to pro-
the acts referred to in paragraph 1 shall, until their completion, vide for monitoring and auditing measures in the period follow-
continue to be governed by those acts. The Committee referred ing 31 December 2013 shall be deemed to be confirmed only if
to in Article 13(1) shall replace the committees provided for in it is consistent with the new financial framework applicable
these acts. This Regulation shall be used to fund any obligatory from 2014.
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 Article 17
paragraph 1.
Entry into force
3. For grants awarded in 2007 under point (a) of Annex I, the
period of eligibility of expenditure may start on 1 January 2007, This Regulation shall enter into force on the third day following
provided that the expenditure does not precede the date on which 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 For the Council

The President The President
H.-G. PÖTTERING G. GLOSER

(1) OJ L 324, 11.12.2003, p. 1. Regulation as amended by Regulation

(EC) No 788/2004 (OJ L 138, 30.4.2004, p. 17).
L 149/10 EN Official Journal of the European Union 9.6.2007

ANNEX I

MEASURES ELIGIBLE FOR FUNDING

Without prejudice to Article 9, the following measures may be financed by LIFE+ if they satisfy the eligibility criteria set
out in Article 3:

(a) operational activities of NGOs that are primarily active in protecting and enhancing the environment at European
level and involved in the development and implementation of Community policy and legislation;

(b) developing and maintaining networks, databases and computer systems directly linked to the implementation of Com-
munity environmental policy and legislation, in particular when improving public access to environmental
information;

(c) studies, surveys, modelling and scenario building;

(d) monitoring, including the monitoring of forests;

(e) capacity building assistance;

(f) training, workshops and meetings, including the training of agents involved in forest fire prevention initiatives;

(g) networking and best-practice platforms;

(h) information and communication actions, including awareness-raising campaigns and, in particular, public awareness-
campaigns on forest fires;

(i) demonstration of innovative policy approaches, technologies, methods and instruments;

and

(j) specifically for the nature and biodiversity component:

— site and species management and site planning, including the improvement of the ecological coherence of the
Natura 2000 network,

— the monitoring of conservation status, including setting up procedures and structures for such monitoring,

— the development and implementation of species and habitats conservation action plans,

— the extension of the Natura 2000 network in marine areas,

— the purchase of land, provided that:

— the purchase would contribute to maintaining or restoring the integrity of a Natura 2000 site,

— land purchase is the only or most effective way of achieving the desired conservation outcome,

— the land purchased is reserved in the long term for uses consistent with the objectives set out in Article 4(2),

and

— the Member State concerned shall, by way of transfer or otherwise, ensure the long-term reservation of
such land for nature conservation purposes.
9.6.2007 EN Official Journal of the European Union L 149/11

ANNEX II

MULTI-ANNUAL STRATEGIC PROGRAMME

NATURE AND BIODIVERSITY

1. Principal objective

To protect, conserve, restore, monitor and facilitate the functioning of natural systems, natural habitats, and wild
flora and fauna, with the aim of halting the loss of biodiversity, including diversity of genetic resources, within the
EU by 2010.

1.1. Priority areas of action:

— contributing to implementing Community policy and legislation on nature and biodiversity, in particular Direc-
tives 79/409/EEC and 92/43/EEC, and promoting their integration with other policy areas,

— supporting the further development and implementation of the Natura 2000 network, including coastal and
marine habitats and species,

— supporting the design and implementation of policy approaches and instruments for monitoring and assessing
nature and biodiversity and the factors, pressures and responses that impact on them, in particular in relation
to achieving the target of halting biodiversity loss within the Community by 2010,

and

— improving knowledge of the impact of genetically modified organisms on ecosystems and biodiversity: risk
assessment methodologies.

ENVIRONMENT POLICY AND GOVERNANCE

2. Principal objective ‘Climate change’

To stabilise greenhouse gas concentration at a level that prevents global warming above 2 °C.

2.1. Priority areas of action:

— ensuring the implementation of EU commitments under the Kyoto Protocol to the United Nations Framework
Convention on Climate Change and developing a post-2012 strategy and implementation programme,

— ensuring the adaptation of the EU economy and society, of nature and biodiversity, of water resources and of
human health to the adverse impacts of climate change (to a potential temperature increase of 2 °C resulting
from increased greenhouse gas concentrations) and mitigating such impacts,

— ensuring the implementation and use of market-based instruments, in particular greenhouse gas emission trad-
ing, in order to achieve a cost-efficient emission reduction in a post-2012 framework.

3. Principal objective ‘Water’

To contribute to enhanced water quality by developing cost-effective measures to achieve good ecological status in
view of developing the first river basin management plan under Directive 2000/60/EC (1) by 2009.

(1) Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community
action in the field of water policy (OJ L 327, 22.12.2000, p. 1). Directive as amended by Decision No 2455/2001/EC (OJ L 331,
15.12.2001, p. 1).
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3.1. Priority areas of action:

— exchanging policy-relevant information and best practices,

— enhancing science-policy integration and transfer of results in support to Member States for preparing river
basin management plans, including preparing the programmes of measures under Directive 2000/60/EC and
integrating measures from parent directives such as Directive 91/271/EEC (1), Directive 91/414/EEC (2),
Directive 91/676/EEC (3), Directive 96/61/EC (4), Directive 98/83/EC (5) and Directive 2006/7/EC (6),

— contributing to the effective implementation of the Thematic Strategy on the protection and conservation of
the marine environment,

— hydromorphological features such as restoring floodplains and other measures in support of a directive on the
assessment and management of flood risks.

4. Principal objective ‘Air’

To achieve levels of air quality that do not give rise to significant negative impacts on and risks to human health
and the environment.

4.1. Priority area of action:

— implementing the Thematic Strategy on air pollution.

5. Principal objective ‘Soil’

To protect and to ensure the sustainable use of soil by preserving soil functions, preventing threats to soil, mitigat-
ing their effects and restoring degraded soils.

5.1. Priority areas of action:

— implementing the Thematic Strategy for soil protection,

— ensuring the protection and restoration of soil biodiversity.

6. Principal objective ‘Urban environment’

To contribute to improving the environmental performance of Europe’s urban areas.

6.1. Priority area of action:

— contributing to improved implementation of existing Community environmental policy and legislation at local
level by supporting and encouraging local authorities to adopt a more integrated approach to urban manage-
ment, including the transport and energy sectors.

(1) Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (OJ L 135, 30.5.1991, p. 40). Directive as last
amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).
(2) Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ L 230, 19.8.1991,
p. 1). Directive as last amended by Commission Directive 2007/21/EC (OJ L 97, 12.4.2007, p. 42).
(3) Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from
agricultural sources (OJ L 375, 31.12.1991, p. 1). Directive as amended by Regulation (EC) No 1882/2003.
(4) Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (OJ L 257, 10.10.1996,
p. 26). Directive as last amended by Regulation (EC) No 166/2006 of the European Parliament and of the Council (OJ L 33, 4.2.2006,
p. 1).
(5) Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption (OJ L 330, 5.12.1998,
p. 32). Directive as amended by Regulation (EC) No 1882/2003.
(6) Directive 2006/7/EC of the European Parliament and of the Council of 15 February 2006 concerning the management of bathing water
quality (OJ L 64, 4.3.2006, p. 37).
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7. Principal objective ‘Noise’

To contribute to policy development and implementation on environmental noise.

7.1. Priority area of action:

— preventing and reducing the harmful effects from exposure to environmental noise.

8. Principal objective ‘Chemicals’

To improve the protection of the environment and health from risks posed by chemicals by 2020 by implement-
ing chemicals legislation, in particular Regulation No 1907/2006 (1) (REACH) and the Thematic Strategy on the
sustainable use of pesticides.

8.1. Priority areas of action:

— exchanging policy-relevant information and best practices,

— enhancing science-policy integration and the transfer of results to provide a solid technical background in
support of REACH,

— implementation of the Thematic Strategy on the sustainable use of pesticides.

9. Principal objective ‘Environment and health’

To develop the information base for policy on the environment and health (the Environment and Health Action
Plan 2004-2010).

9.1. Priority areas of action:

— human biomonitoring and data linkage on the environment and health,

— protection of the ozone layer to reduce negative impacts on health and the environment.

10. Principal objective ‘Natural resources and waste’

— To develop and implement policies designed to ensure sustainable management and use of natural resources
and waste, and to improve the environmental performance of products, sustainable production and consump-
tion patterns, waste prevention, recovery and recycling.

— To contribute to the effective implementation of the Thematic Strategy on the prevention and recycling of
waste.

10.1. Priority areas of action:

— developing and implementing sustainable consumption and production policies, including the Integrated Prod-
uct Policy,

— promoting sustainable use of natural resources, with a life-cycle approach, including environmental, social
and economic aspects, in order to decouple environmental impact from economic growth,

— promoting waste prevention, recovery and recycling with a focus on life-cycle thinking, eco-design and the
development of recycling markets,

(1) Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration,
Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency (OJ L 396, 30.12.2006,
p. 1).
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— contributing to the implementation of Community policy and legislation on waste, in particular Directive
75/439/EEC (1), Directive 91/689/EC (2), Directive 96/59/EC (3), Directive 1999/31/EC (4), Directive
2000/53/EC (5), Directive 2002/95/EC (6), Directive 2002/96/EC (7), Regulation (EC) No 850/2004 (8), Direc-
tive 2006/12/EC (9), Directive 2006/21/EC (10) and Regulation (EC) No 1013/2006 (11).

11. Principal objective ‘Forests’

To provide, especially through an EU coordination network, a concise and comprehensive basis for policy relevant
information on forests in relation to climate change (impact on forest ecosystems, mitigation, substitution effects),
biodiversity (baseline information and protected forest areas), forest fires, forest conditions and the protective func-
tions of forests (water, soil and infrastructure) as well as contributing to the protection of forests against fires.

11.1. Priority areas of action:

— promoting the collection, analysis and dissemination of policy-relevant information concerning forests and
environmental interactions,

— promoting harmonisation and effectiveness of forest monitoring activities and data collection systems and
making use of synergies by creating links between monitoring mechanisms established at regional, national,
Community and global level,

— stimulating synergies between specific forest-related issues and environmental initiatives and legislation (e.g.
Thematic Strategy for soil protection, Natura 2000, Directive 2000/60/EC),

— contributing to sustainable forest management, in particular, by collecting data related to the improved Pan-
European Indicators for Sustainable Forest Management as adopted by the Ministerial Conference on the Pro-
tection of Forests in Europe (MCPFE) Expert Level Meeting 7-8 October 2002, Vienna, Austria,

— building capacities at national and Community level to allow for coordination and guidance on forest
monitoring.

12. Principal objective ‘Innovation’

To contribute to developing and demonstrating innovative policy approaches, technologies, methods and instru-
ments to assist in the implementation of the Environmental Technologies Action Plan (ETAP).

12.1. Priority areas of action:

— further defining and optimising the achievement of ETAP through improved planning and coordination, effec-
tive monitoring of progress, timely identification and narrowing of knowledge gaps and effective utilisation of
scientific, economic and other information relevant to policy implementation,

(1) Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils (OJ L 194, 25.7.1975, p. 23). Directive as last amended by
Directive 2000/76/EC of the European Parliament and of the Council (OJ L 332, 28.12.2000, p. 91).
(2) Council Directive 91/689/EEC of 12 December 1991 on hazardous waste (OJ L 377, 31.12.1991, p. 20). Directive as last amended by
Regulation (EC) No 166/2006 of the European Parliament and of the Council (OJ L 33, 4.2.2006, p. 1).
(3) Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls
(PCB/PCT) (OJ L 243, 24.9.1996, p. 31).
(4) Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182, 16.7.1999, p. 1). Directive as amended by Regula-
tion (EC) No 1882/2003.
(5) Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of life vehicles (OJ L 269,
21.10.2000, p. 34). Directive as last amended by Council Decision 2005/673/EC (OJ L 254, 30.9.2005, p. 69).
(6) Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain haz-
ardous substances in electrical and electronic equipment (OJ L 37, 13.2.2003, p. 19). Directive as last amended by
Commission Decision 2006/692/EC (OJ L 283, 14.10.2006, p. 50).
(7) Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment
(WEEE) (OJ L 37, 13.2.2003, p. 24). Directive as amended by Directive 2003/108/EC (OJ L 345, 31.12.2003, p. 106).
(8) Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants
(OJ L 158, 30.4.2004, p. 7). Regulation as last amended by Commission Regulation (EC) No 323/2007 (OJ L 85, 27.3.2007, p. 3).
(9) Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste (OJ L 114, 27.4.2006, p. 9).
(10) Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive
industries (OJ L 102, 11.4.2006, p. 15).
(11) Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ L 190,
12.7.2006, p. 1).
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— promoting the identification, demonstration and dissemination of innovative technologies and practices,
through actions which are complementary to those of the Competitiveness and Innovation Framework
Programme,

— exchanging information and good practice between EU actors in relation to the international trade of environ-
mental technologies, responsible investments in developing countries and implementation of World Summit
on Sustainable Development (WSSD) actions related to environmental technologies.

13. Principal objective ‘Strategic approaches’

— To promote the effective implementation and enforcement of Community environmental legislation and
improve the knowledge base for environmental policy.

— To ensure more efficient and coherent policies.

— To improve the environmental performance of SMEs.

— To provide the tools to develop environmental policy and legislation.

— To ensure adequate supervision of projects by the Commission.

13.1. Priority areas of action:

— improving the assessment of new policy measures, in particular at the stage of their initial formulation or later
review,

— strengthening the knowledge base for policy making and implementation by building a Shared Environmental
Information System (SEIS) and supporting the implementation of the Global Monitoring for Environment and
Security (GMES) initiative,

— improving the assessment of implementation and ex-post evaluation,

— identifying and gradually eliminating environmentally harmful subsidies,

— increasing the use of market-based instruments to achieve improved policy mixes,

— providing tools to underpin sustainable development policies, in particular indicators,

— implementing the Environmental Compliance Assistance Programme for SMEs,

— undertaking appropriate steps employing external assistance in order to develop and implement environmen-
tal policy,

— providing the tools to obtain technical and/or administrative assistance relating to the identification, prepara-
tion, management, monitoring, audit and supervision of projects, including both LIFE III and LIFE+ projects.

14. Principal objective ‘Governance’

To achieve better environmental governance, including increased awareness of environmental issues and participa-
tion in environmental decision-making amongst European citizens.

14.1. Priority area of action:

— broadening stakeholder involvement, including of consumer groups and non-governmental organisations, in

the development and implementation of environmental policy and legislation.

15. Principal objective ‘NGOs’

To promote NGOs which are primarily active in the field of environmental protection at European level.

15.1. Priority areas of action:

— strengthening the participation of NGOs in the dialogue process in environmental policy-making and in its
implementation,
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— strengthening the participation of NGOs in the European standardisation process in order to ensure balanced
stakeholder representation and the systematic integration of environmental aspects.

INFORMATION AND COMMUNICATION

16. Principal objective

To ensure regular and effective information flow in order to provide the basis for policy decisions on the environ-
ment, and to make information on the state and trends of the environment accessible to citizens.

16.1. Priority area of action:

— disseminating information, eco-labelling, raising awareness and developing specific skills on environmental
issues, including on forest fire prevention.