Commission Regulation (EC) No 1737/2006 of 7 November 2006 laying down detailed rules for the implementation of Regulation (EC) No 2152/2003 of the European Parliament and of the Council concerning monitoring of forests and environmental interactions in the Community

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to 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 (1), and in particular Articles 4(2), 5(5), 6(4), 7(3), 8(6), 9(6), 10(2), 14(5) and 15(4) thereof,

Whereas:

(1) With effect from 1 January 2003, Regulation (EC) No 2152/2003 provides the basis to continue and further develop, with an integrated approach, the measures previously carried out under Council Regulation (EEC) No 3528/86 of 17 November 1986 on the protection of the Community's forests against atmospheric pollution (2) and Council Regulation (EEC) No 2158/92 of 23 July 1992 on protection of the Community's forests against fire (3). Regulation (EC) No 2152/2003 also provides possibilities to address new environmental issues of relevance for the Community in the future.

(2) At present the following Regulations apply: Commission Regulation (EEC) 1696/87 of 10 June 1987 laying down certain detailed rules for the implementation of Council Regulation (EEC) No 3528/86 on the protection of the Community's forests against atmospheric pollution (4), Commission Regulation (EC) No 804/94 of 11 April 1994 laying down certain detailed rules for the application of Council Regulation (EEC) No 2158/92 as regards forest-fire information systems (5), Commission Regulation (EC) No 1091/94 of 29 April 1994 laying down certain detailed rules for the implementation of Council Regulation (EEC) No 3528/86 on the protection of the Community's forests against atmospheric pollution (6), Commission Regulation (EC) No 1727/1999 of 28 July 1999 laying down certain detailed rules for the application of Council Regulation (EEC) No 2158/92 on protection of the Community's forests against fire (7), Commission Regulation (EC) No 2278/1999 of 21 October 1999 laying down certain detailed rules for the application of Council Regulation (EEC) No 3528/86 on the protection of the Community's forests against atmospheric pollution (8). For the purpose of implementing the provisions of Regulation (EC) No 2152/2003, certain provisions of following implementing Regulations should continue to apply, while others should be amended. In the interest of effectiveness, clarity and rationality, those Regulations should be replaced by a single text, and the provisions that are still relevant should be incorporated into that text.

(3) The monitoring of air pollution effects on forests should continue to be carried out on the basis of the systematic network of observation points and of the network of observation plots for intensive and continuous monitoring, established and implemented under Regulation (EEC) No 3528/86 and Regulations (EEC) No 1696/87 and (EC) No 1091/94.

(4) The development of new monitoring activities should be limited to pilot phase actions in carrying out studies, experiments and demonstration projects in order to identify options for the establishment of such new monitoring activities.

(5) Detailed rules and guidelines for the implementation of Articles 6(3) and 16(3) of Regulation (EC) No 2152/2003, as regards the establishment of new monitoring activities and the reporting of the results of theses new activities are not needed for the period 2003 to 2006 as such monitoring activities are not foreseen to be implemented during this period.

(6) The manual on parameters, monitoring methods and data formats referred to in Article 10 of Regulation (EC) No 2152/2003 is based on the monitoring provisions set out in the Annexes to Regulations (EEC) No 1696/87, (EC) No 804/94 and (EC) No 1091/94. In the light of recent technical progress it is however necessary to revise those provisions. In particular the methodology for the crown condition surveys on the systematic network of observation points and the network of observation plots for intensive monitoring should be merged. The manual should also cover methodologies for the additional monitoring activities on issues such as phenology, ambient air quality, ozone injury and litterfall.

(7) Monitoring of forest fires should continue to be carried out on the basis of the European Forest Fire Information System, (EFFIS). EFFIS has been built on the achievements of the Community information system on forest fires, established and implemented under Regulation (EEC) No 2158/92 and Regulation (EC) No 804/94 and includes additional information gathered by the Joint Research Centre under the Forest Fire Risk Forecasting System (EFFRFS) and the European Forest Fire Damage Assessment System (EFFDAS).

(8) Prevention measures against forest fires should be established building on the achievements of Regulation (EEC) No 2158/92 provided that such measures are not supported through Council Regulation (EC) No 1257/99 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations (9) and provided they are not included in the rural development programmes drawn up by the Member States. This Regulation should establish common core data to be submitted by Member States for any forest fires occurred in their territory as well as technical specifications for the supply of such data.

(9) For the purpose of ensuring coherence with other Community funded activities and to avoid duplications and double funding, proposals for studies, experiments and demonstration projects submitted by the Member States pursuant to Articles 5, 6 and 7 of Regulation (EC) No 2152/2003 should be evaluated by the Commission according to specified criteria.

(10) In order to ensure that such studies, experiments and demonstration projects are adapted to on-going issues and respond to actual needs in the field of forest monitoring it will be necessary to establish a ranking of priorities for granting Community support to such activities.

(11) The setting up of the national programmes and the financial aspects related to it should in particular take account of the provisions of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (10) and Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (11).

(12) Eligibility rules should be introduced to define the scope of costs considered eligible for Community part financing.

(13) The Scientific Advisory Group to be established pursuant to Article 9(3) of Regulation (EC) No 2152/2003 should advise the Standing Forestry Committee on technical matters of the monitoring scheme.

(14) Each Member State should designate a competent body on the basis of criteria established by the basic act according to Article 54(2)(c) of Regulation (EC, Euratom) No 1605/2002 in order to ensure compliance with the requirements of a sound financial management and full respect of the principles of non-discrimination and transparency. The Member States, which should have the legal and financial responsibility for implementing the approved national programme, should be responsible for any irregularities, neglect or fraud of the competent body.

(15) In view of their decentralised administrative organisational structures, Belgium, Germany and Portugal should be allowed to designate more than one competent body.

(16) Data forwarded by Member States within the framework of Regulation (EC) No 2152/2003 to the Commission should be considered as documents within the meaning of Regulation (EC) No 1049/2001of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (12).

(17) The measures provided for in this Regulation are in accordance with the opinion of the Standing Forestry Committee established by Council Decision 89/367/EEC (13),

HAS ADOPTED THIS REGULATION:

CHAPTER I

SUBJECT MATTER

Article 1

This Regulation lays down the detailed rules for the implementation of Article 4, Article 5(1) and (2), Article 6(1) and (2), Article 7(1) and (2), Article 8, Article 9(3), Articles 10 and 14, and Article 15(1) of Regulation (EC) No 2152/2003.

CHAPTER II

MONITORING OF AIR POLLUTION EFFECTS

SECTION 1

NETWORK OF OBSERVATION POINTS

(Article 4(1)(a) and 10(1) of Regulation (EC) No 2152/2003)

Article 2

Systematic network of observation points and monitoring

Those surveys shall be carried out using the methods set out in Chapter 2 of Annex I.

Article 3

Exceptions concerning the grid density

Article 4

Transmission of data

In addition to that data, Member States shall submit a data accompanying report setting out background information on the monitoring methods applied. That report shall be drawn up in accordance with Chapter 13 and point IV.1 of Chapter 14 of Annex I.

The instructions and codes set out in Chapter 15 of Annex I shall be used for the transmission of data collected in accordance with the first subparagraph.

SECTION 2

NETWORK OF OBSERVATION PLOTS

(Article 4(1)(b) and Article 10(1) of Regulation (EC) No 2152/2003)

Article 5

Establishment of observation plots for intensive monitoring

However, Member States may select a larger number of Level II plots on the condition that the number does not exceed 20 % of the number of national Level I points.

Article 6

Monitoring

The intensive and continuous monitoring of the forest ecosystems shall include the following:

(a) the continuous inventory of crown condition, foliar chemistry measurements and increment changes, on each observation Level II plot in accordance with Chapters 2, 3 and 4 of Annex I;

(b) measurements of deposition chemistry, meteorology and soil solution chemistry, as well as assessment of ground vegetation, on at least 10 % of the observation Level II plots in accordance with Chapters 5 to 8 of Annex I;

(c) where appropriate, other monitoring activities such as assessment of ambient air quality, visible ozone injury and litterfall and phenological observations in accordance with Chapters 9 to 12 of Annex I.

Article 7

Transmission of data

In addition to that data, Member States shall submit a data accompanying report setting out the background information on the monitoring methods applied. That report shall be drawn up in accordance with Chapter 13 and point IV.1 of Chapter14 of Annex I.

The instructions and codes set out in Chapter 15 of Annex I shall be used for the transmission of data collected in accordance with the first subparagraph.

CHAPTER III

EUROPEAN FOREST FIRE INFORMATION SYSTEM

(Article 5(1) of Regulation (EC) No 2152/2003)

Article 8

Information covered

(a) the common core data submitted in accordance with Article 9;

(b) additional data for forest fires affecting areas of at least 50 hectares submitted in accordance with Article 10;

(c) information provided by the Joint Research Centre on forecast of fire risk within the framework of the European Forest Fire Risk Forecasting System (EFFRFS) and on mapping and evaluation of damages caused by fire which affect an area of at least 50 hectares within the framework of the European Forest Fire Damage Assessment System (EFFDAS).

Article 9

Common core data

(a) date and local time of first alert;

(b) date and local time of first intervention;

(c) date and local time of extinction;

(d) location of the outbreak at the commune level (common code);

(e) total fire-damaged area;

(f) breakdown of the fire-damaged area into forest and other wooded land and non forested areas;

(g) presumed cause.

Article 10

Additional information

For forest fires which affect areas of at least 50 hectares additional information may be provided annually by the Member States to the Commission in addition to the common core data referred to in Article 9.

Such additional information shall, if provided, include the level of damage, that is to say, whether low, medium or high, and the location.

CHAPTER IV

STUDIES, EXPERIMENTS AND DEMONSTRATION PROJECTS

(Article 5(2), 6(2) and 7(2) of Regulation (EC) No 2152/2003)

Article 11

Evaluation of project proposals

The proposals for studies, experiments and demonstration projects and testing on the basis of a pilot phase submitted by the Member States pursuant to Articles 5(2), 6(2) and 7(2) of Regulation (EC) No 2152/2003, hereinafter referred to as ‘project proposals’, shall be evaluated by the Commission on the basis of the criteria established in Annex III.

Article 12

Decision concerning the ranking for project proposals

The Commission shall establish a ranking of priorities for granting Community support of the project proposals.

CHAPTER V

COMPETENT BODIES

(Article 14 of Regulation (EC) No 2152/2003)

Article 13

Competent bodies

Article 14

Selection Criteria

(a) they shall be national public-sector bodies or private-law entities with a public-service mission, governed by the law of one of the Member States;

(b) they shall offer adequate financial guarantees, issued by a public authority, in particular as regards full recovery of amounts due to the Commission;

(c) they shall operate according to the requirements of sound financial management;

(d) they shall ensure the transparency of the operations carried out in accordance with Article 56(1) of Regulation (EC, Euratom) No 1605/2002.

Article 15

Additional conditions for private-law entities

Where Member States pursuant to Article 14 designate private-law entities the Commission shall base its approval of those entities on the following proof provided by those entities:

(a) their technical and professional capacity, on the basis of documentary evidence of the educational and professional qualifications of the members of their managerial staff;

(b) their economic and financial capacity, on the basis of the state guarantee provided in accordance with Article 14(3)(e) of Regulation (EC) No 2152/2003 and appropriate statements from banks or evidence of relevant professional risk indemnity insurance, or balance sheets, or extracts from balance sheets, covering at least the last two years for which accounts have been closed, where publication of the balance sheet is required under the company law of the Member State in which the entity is established;

(c) their competence under national law to perform the budget-implementation tasks, as attested by documentary evidence such as their enrolment in a professional or trade register or a sworn declaration or certificate, membership of a specific organisation, express authorisation or entry in a register for value added tax (VAT);

(d) that they are not in one of the situations listed in Articles 93 and 94 of Regulation (EC, Euratom) No 1605/2002;

(e) that they agree to an audit by the Court of Auditors.

Article 16

Agreement

The Commission shall conclude an agreement with the competent bodies in conformity with Articles 56 of Regulation (EC, Euratom) No 1605/2002 and Articles 35 and 41 of Regulation (EC, Euratom) No 2342/2002.

Article 17

Tasks of the competent bodies

The competent bodies shall carry out the following tasks:

(a) they shall conduct regular checks to ensure that the actions to be financed under Regulation (EC) No 2152/2003 have been implemented correctly;

(b) they shall take appropriate measures to prevent irregularities and fraud and if necessary bring prosecutions to recover funds lost, wrongly paid or incorrectly used;

(c) they shall provide the Commission with any information it requests;

(d) they shall be the intermediary to whom the Community contribution is paid,

(e) they shall hold the accounts and records of the receipt and payment of that contribution in support of the national programme, including all invoices and documents of a similar probative value to support the costs of the programme.

Article 18

Checks by the Commission

The Commission may carry out document and on-the-spot checks into the existence, the relevance and proper operation of the competent bodies, in accordance with the rules of sound financial management.

CHAPTER VI

NATIONAL PROGRAMMES AND ADAPTATIONS

SECTION 1

NATIONAL PROGRAMMES

(Article 7(2) and 8(1) and (2) of Regulation (EC) No 2152/2003)

Article 19

Content

Member States shall use the forms set out in that Annex for submitting, in paper and digital format, the national programmes and related adaptations to the Commission.

Article 20

Sub-programmes

The national programmes of Belgium, Germany and Portugal may consist of sub-programmes provided by the competent bodies.

SECTION 2

ADAPTATION

(Article 8(3) of Regulation (EC) No 2152/2003)

Article 21

Adaptation

CHAPTER VII

FINANCIAL MANAGEMENT AND MONITORING

SECTION 1

COSTS

Article 22

Definition of eligible costs

Eligible costs are costs that are directly and wholly attributable to the national programme approved by the Commission.

Member States may apply stricter national rules for determining eligible costs.

Article 23

Justification of expenditure

The expenditure shall be justified by adequate original documents, such as invoices, or documents of equal probative value.

The original documents shall not be annexed to the statement of expenditures. The competent body shall, however, if requested, provide the Commission with all details, including invoices, which it might need to assure the evaluation of the expenditure.

Article 24

Costs considered eligible

(a) the legal obligation to pay the cost has been contracted after the beginning of the period of eligibility and before the end of that period;

(b) the execution of the activity to which the cost is related must have started after the beginning of the period of eligibility and must be completed before the end of that period.

Article 25

Personnel costs

Personnel costs may be considered as eligible direct expenditure in respect of the actual time devoted to the national programme. They shall be calculated on the basis of the actual gross salary or wages plus obligatory social charges, but excluding any other cost.

The working time of each employee, including national civil servants and governmental agency employees working within the national programme, shall be registered using time sheets or reports from a time recording system established and certified by the competent body and its eventual partners.

Article 26

Travel costs

Travel costs may be considered eligible if they are directly and wholly attributable to the approved national programme. Travel costs shall be charged in accordance with the internal rules of the competent body.

Article 27

Overhead costs

Article 28

Capital costs

Where the costs include depreciation of capital investments with a life of more than one year and a price of more than EUR 500, these depreciation costs shall be considered eligible provided they relate exclusively to the national programme and the eligibility period of the concerned programme phase provided that: For investment in construction and infrastructure these costs are depreciated over 10 years using the straight line method, and for other equipment including informatics equipment 5 years straight line method.

Article 29

Costs for the purchase of second-hand equipment

The purchase costs of second-hand equipment shall be eligible under the following three conditions:

(a) the seller of the equipment shall provide a declaration stating its origin, and confirm that at no point during the previous seven years has it been purchased with the aid of national or Community grants;

(b) the price of the equipment shall not exceed its market value and shall be less than the cost of similar new equipment; and

(c) the equipment shall have the technical characteristics necessary for the operation and comply with applicable norms and standards.

Article 30

Subcontracting

Expenditure relating to subcontracts with intermediaries or consultants shall be based upon actual costs and shall be supported by the appropriate invoices and other supporting documents. Exceptionally, where the cost is defined as a percentage of the total costs of the operations, such cost may be considered eligible only if the competent body is able to justify it by reference to the actual value of the work or services provided.

Article 31

Value-added tax

Value added tax (VAT) shall be considered eligible when the competent body is not in a position to recover the VAT paid under the national programme.

The competent body shall provide a declaration from the relevant national authorities that VAT could not be recovered for the assets and services required for the measures carried out under the national programmes.

Article 32

Ineligible costs

(a) any cost incurred for actions which benefit from aid under other Community financial instruments;

(b) exchange rate losses;

(c) unnecessary or wasteful outlays;

(d) distribution expenses and marketing and advertising expenses to promote products or commercial activities;

(e) any provisions for possible future losses or liabilities;

(f) any debtor interest and interest on borrowed capital;

(g) bad debts.

Certain of the costs referred to in point (d) may, however, be considered eligible as agreed with the Commission.

Article 33

Exchange rate

SECTION 2

PAYMENT

(Article 8(5) of Regulation (EC) No 2152/2003)

Article 34

Decision on financial contribution

The Commission shall decide on financial contributions to the eligible costs of the national programmes in two phases, one decision for each year of the programming period, hereinafter referred to as the ‘Commission decision’. The Commission decision shall be addressed to the Member State.

Article 35

Pre-financing

The competent bodies may ask for a pre-financing of 50 % of the annual Community assistance for the national programme as indicated in the national programme no sooner than three months after the date of notification of the Commission decision. The pre-financing shall be subjected to conclusion of an agreement pursuant to Article 16.

Article 36

Statements

Where the statements exceed the related pre-financing the Commission shall make an interim payment.

In no circumstances may those interim payments exceed 30 % of the annual Community assistance for the national programme.

Article 37

Technical and financial implementation

The competent bodies shall make the request for payment of the balance of the eligible expenditure not later than 27 months after the date of notification of the Commission decision.

Article 38

Coordination of requests for payment

In accordance with their national law Member States shall ensure that requests for payments by the competent bodies are coordinated and comply with the Commission decision.

Article 39

Applications for pre-financing and payments

The competent bodies shall submit applications to the Commission for pre-financing and for payments using the models set out in Annexes VI, VII, and VIII.

SECTION 3

IRREGULARITIES

(Article 14(3) of Regulation (EC) No 2152/2003)

Article 40

Irregularities

SECTION 4

CHECKS, AUDITS AND TECHNICAL VISITS

(Article 14(4) of Regulation (EC) No 2152/2003)

Article 41

Commission financial audit

The Commission may verify the use made by the competent bodies, the contractors or the sub-contractors responsible for the detailed implementation of the measures carried out under the national programme of the Community's financial contribution.

Article 42

Checks and technical visits

The competent bodies shall allow Commission staff and persons authorised by the Commission access to the sites or premises where the measures under a national programme are being carried out and to all documents relating to the technical and financial management of the operation. Access by persons authorised by the Commission may be subject to confidentiality arrangements to be agreed between the Commission and the competent body.

Checks may be initiated during the programming period and shall be carried out on a confidential basis.

The competent bodies and the parties responsible for the implementation of the measures carried out under the national programme shall provide appropriate assistance to the Commission or persons authorised by it.

Article 43

Evaluations

(Article 8(4) of Regulation (EC) No 2152/2003)

CHAPTER VIII

SCIENTIFIC ADVISORY GROUP

(Article 9(3) of Regulation (EC) No 2152/2003)

Article 44

Tasks

(a) the need to carry out specific studies or analyses;

(b) the need to set up ad hoc working groups for specific topics;

(c) the improvement of the organisation and structure of the monitoring scheme;

(d) science-policy interface;

(a) proposals for studies,

(b) results deriving from the studies such as relevance and data quality and, more generally, from the reports presenting the results from the monitoring scheme,

(c) draft manuals.

CHAPTER IX

ACCESS TO DATA

(Article 15(1) of Regulation (EC) No 2152/2003)

Article 45

Access to data

As far as necessary for the realisation of their actions on the basis of Article 9(5) and 11(2) of Regulation (EC) No 2152/2003, access to the data referred to in Articles 4(1) and 5(1) of that Regulation shall be granted to the European Environmental Agency and the International Co-operative Programme on Assessment and Monitoring of Air Pollution Effects on Forests operating under the United Nations Economic Commission for Europe, (ICP Forests).

CHAPTER X

FINAL PROVISIONS

Article 46

Repeal

Regulation (EEC) No 1696/87 and Regulations (EC) No 804/94, (EC) No 1091/94, (EC) No 1727/1999 and (EC) No 2278/1999 are repealed.

Article 47

Entry into force

This Regulation shall enter into force on the third day following that of 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, 7 November 2006.

For the Commission Stavros DIMAS Member of the Commission

(1) OJ L 324, 11.12.2003, p. 1. Regulation as last amended by Regulation (EC) No 788/2004 (OJ L 138, 30.4.2004, p. 17).

(2) OJ L 326, 21.11.1986, p. 2. Regulation as last amended by Regulation (EC) No 804/2002 of the European Parliament and of the Council (OJ L 132, 17.5.2002, p. 1).

(3) OJ L 217, 31.7.1992, p. 3. Regulation as last amended by Regulation (EC) No 805/2002 of the European Parliament and of the Council (OJ L 132, 17.5.2002, p. 3).

(4) OJ L 161, 22.6.1987, p. 1. Regulation as last amended by Regulation (EC) No 2278/1999 (OJ L 279, 29.10.1999, p. 3).

(5) OJ L 93, 12.4.1994, p. 11.

(6) OJ L 125, 18.5.1994, p. 1. Regulation as last amended by Regulation (EC) No 2278/1999.

(7) OJ L 203, 3.8.1999, p. 41. Regulation as amended by Regulation (EC) No 2121/2004 (OJ L 367, 14.12.2004, p. 17).

(8) OJ L 279, 29.10.1999, p. 3. Regulation as amended by Regulation (EC) No 2121/2004.

(9) OJ L 160, 26.6.1999, p. 80. Regulation as last amended by Regulation (EC) No 1698/2005 (OJ L 277, 21.10.2005, p. 1).

(10) OJ L 248, 16.9.2002, p. 1.

(11) OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 1248/2006 (OJ L 227, 19.8.2006, p. 3).

(12) OJ L 145, 31.5.2001, p. 43.

(13) OJ L 165, 15.6.1989, p. 14.