21.12.2018 |
EN |
Official Journal of the European Union |
C 461/156 |
Opinion of the European Committee of the Regions — Proposal for a Regulation establishing a Programme for the Environment and Climate Action (LIFE) and repealing Regulation (EU) No 1293/2013
(2018/C 461/14)
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I. RECOMMENDATIONS FOR AMENDMENTS
Amendment 1
Recital 6
Text proposed by the Commission |
CoR amendment |
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Reason
Self-explanatory.
Amendment 2
Recital 7
Text proposed by the Commission |
CoR Amendment |
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Reason
The word resilient is considered more appropriate in this context as this refers to adaptation. [Translator’s note: this does not affect the English version, which already uses the term resilient.]
Amendment 3
Recital 8
Text proposed by the Commission |
CoR amendment |
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Reason
The co-financing rate for regions and cities is 100 % under Horizon 2020.
Amendment 4
Recital 9
Text proposed by the Commission |
CoR amendment |
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Reason
Decarbonisation of the buildings sector is a crucial step to achieving the EU’s climate and energy objectives and, consequently, to successfully meeting the Paris Agreement objectives. It is however important to focus greater attention on energy consumption for heating and air conditioning, as it accounts for a major part of European energy consumption.
Amendment 5
Recital 12
Text proposed by the Commission |
CoR amendment |
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Reason
Improved governance, in particular through awareness raising and stakeholder involvement, is essential to deliver environmental objectives. These are priorities explicitly set out in the previous LIFE programme and the Committee of the Regions considers they should be kept.
Amendment 6
Recital 15
Text proposed by the Commission |
CoR amendment |
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Reason
To clarify the text.
Amendment 7
Recital 17
Text proposed by the Commission |
CoR amendment |
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Reason
Air quality is directly linked to fossil fuel combustion for transport, heating and air conditioning and, generally, for generating electricity. Decarbonising these sectors therefore has a direct impact on air quality and public health. The LIFE programme should consider the potential for reducing emissions of gaseous pollutants in these kinds of projects. Where an alternative based on a renewable energy source exists, the LIFE programme should promote this initiative rather than replacing the replacement of appliances emitting high levels of greenhouse gas with equipment that is more efficient but is still based on fossil energy, provided the investment is also cost-effective.
Amendment 8
New recital 17a after recital 17
Text proposed by the Commission |
CoR amendment |
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Reason
Carbon-based domestic heating is a major source of air pollution in the EU and has a harmful impact on public health. Where technically and financially possible, a shift to renewable energy and other clean energy sources should be facilitated, in keeping with the decarbonisation targets for the buildings sector, as set out in the Buildings Energy Performance Directive.
Amendment 9
Recital 20
Text proposed by the Commission |
CoR amendment |
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Reason
It is important to highlight the need for modern communication and to mention the Covenant of Mayors, which is now a highly successful, worldwide initiative to engage and empower the level of government closest to citizens.
Amendment 10
Recital 22
Text proposed by the Commission |
CoR amendment |
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Reason
As a result of technological developments, market developments and (also) public support, the cost of installing renewable energy systems has fallen considerably over the last 10 years. We should continue along this path so as to allow Europe’s energy potential to be fully tapped, exploiting so far little-used alternative energy sources (such as marine or geothermal energy) and building up the EU’s energy independence from third countries.
Amendment 11
New Recital 24a after Recital 24
Text proposed by the Commission |
CoR amendment |
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Reason
Given the increased incidence of natural disasters and the inadequacy of the tools for preventing them, the LIFE Programme has an essential contribution to make to supporting initiatives to strengthen climate-change resilience strategies so as to respond to disasters.
Amendment 12
Recital 25
Text proposed by the Commission |
CoR amendment |
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Reason
This specific reference to the increased risks from global and climate change faced by the ORs is needed, due to their particular vulnerability and dependence on mainland Europe.
Amendment 13
New recital 26a after recital 26
Text proposed by the Commission |
CoR amendment |
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Reason
The use of EGTCs needs to be promoted, and their eligibility as consortia to be ensured.
Amendment 14
Recital 31
Commission text |
CoR amendment |
The types of financing and the methods of implementation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, and the expected risk of non-compliance. As regards grants, this should include consideration of the use of lump sums, flat rates and scales of unit costs. |
The types of financing and the methods of implementation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, and the expected risk of non-compliance. As regards grants, this should include consideration of the use of lump sums, flat rates and scales of unit costs to cover, among other things, costs for personnel, in order to support a simplification of administrative activities linked to the participation in projects. |
Reason
This amendment highlights the importance of being able to support the costs of staff as one important element for successful project participation, in particular for smaller organisations.
Amendment 15
Article 3(1)
Text proposed by the Commission |
CoR amendment |
(1) The general objective of the Programme is to contribute to the shift towards a clean, circular, energy-efficient, low-carbon and climate-resilient economy, including through the transition to clean energy, to the protection and improvement of the quality of the environment and to halting and reversing biodiversity loss, thereby contributing to sustainable development. |
(1) The general objective of the Programme is to contribute to the shift towards a clean, circular, energy-efficient, low-carbon and climate-resilient economy, including through the transition to clean energy, to the protection and improvement of the quality of the environment and to halting and reversing biodiversity loss, thereby contributing to sustainable development. |
Reason
The word resilient is considered more appropriate in this context as this refers to adaptation. [Translator’s note: this does not affect the English version, which already uses the term resilient.]
Amendment 16
Article 3(2)
Text proposed by the Commission |
CoR amendment |
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(2) The Programme has the following specific objectives: |
(2) The Programme has the following specific objectives: |
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Reason
Given the increased incidence of natural disasters and the inadequacy of the current tools for preventing them, the LIFE Programme has an essential contribution to make to supporting solutions aimed at strengthening climate-change resilience strategies so as to respond to disasters.
Amendment 17
Article 5
Text proposed by the Commission |
CoR amendment |
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(1) The financial envelope for the implementation of the Programme for the period 2021-2027 shall be EUR 5 450 000 000 in current prices. |
(1) The financial envelope for the implementation of the Programme for the period 2021-2027 shall be EUR 6 780 000 000 in current prices. |
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(2) The indicative distribution of the amount referred to in paragraph 1 shall be: |
(2) The indicative distribution of the amount referred to in paragraph 1 shall be: |
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(3) The amounts referred to in paragraphs 1 and 2 shall be without prejudice to provisions on flexibility set out in Regulation (EU) xx/xx of the European Parliament |
(3) The amounts referred to in paragraphs 1 and 2 shall be without prejudice to provisions on flexibility set out in Regulation (EU) xx/xx of the European Parliament |
Reason
The new overall amount for the LIFE programme is based on a 1,7 fold increase, as announced by the European Commission, but without the transfer of the previously Horizon 2020-funded measure for energy transition, with special focus on the sub-programme Climate Change Mitigation and Circular economy
Amendment 18
Article 5(3)
Text proposed by the Commission |
CoR amendment |
(3) The amounts referred to in paragraphs 1 and 2 shall be without prejudice to provisions on flexibility set out in Regulation (EU) xx/xx of the European Parliament and of the Council [the new Multiannual Financial Framework Regulation] and the Financial Regulation. |
(3) The amounts referred to in paragraphs 1 and 2 shall be without prejudice to provisions on flexibility set out in Regulation (EU) xx/xx of the European Parliament and of the Council [the new Multiannual Financial Framework Regulation] and the Financial Regulation. |
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(3a) The Commission shall be empowered to adopt delegated acts in accordance with Article 21 in order to increase the percentage referred to in paragraphs 1 and 2 of this Article by a maximum of 10 %, provided that the total funds requested over two consecutive years by way of proposals that fall under the priority area of Nature and Biodiversity and that meet minimum quality requirements exceed by more than 20 % the corresponding amount calculated for the two years preceding those years. |
Reason
Self-explanatory. To restore the flexibility clause for the Nature and Biodiversity sub-programme, as it currently stands in the 2014-2020 LIFE programme.
Amendment 19
Article 5(5)
Text proposed by the Commission |
CoR amendment |
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(5) The Programme may finance activities implemented by the Commission in support of the preparation, implementation and mainstreaming of Union environmental, climate or relevant clean energy transition legislation and policies for the purpose of achieving the objectives set out in Article 3. Such activities may include: |
(5) The Programme may finance activities implemented by the Commission in support of the preparation, implementation and mainstreaming of Union environmental, climate or relevant clean energy transition legislation and policies for the purpose of achieving the objectives set out in Article 3. Such activities may include: |
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Reason
Self-explanatory.
Amendment 20
Article 11(5)
Text proposed by the Commission |
CoR amendment |
(5) Legal entities participating in consortia of at least three independent entities, established in different Member States or overseas countries or territories linked to those states or third countries associated to the Programme or other third countries, are eligible. |
(5) Legal entities participating in consortia of at least three independent entities, established in different Member States or overseas countries or territories linked to those states or third countries associated to the Programme or other third countries, are eligible. |
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(5a) The European Groupings of Territorial Cooperation (EGTCs) shall be treated as consortia, established in different Member States or overseas countries or territories linked to those states. |
Reason
The use of EGTCs needs to be promoted, and their eligibility as consortia to be ensured.
Amendment 21
Article 13(a)
Text proposed by the Commission |
CoR amendment |
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Reason
The LIFE programme should not only ‘avoid undermining’ the EU’s environmental, climate and energy objectives, but should actively contribute to meeting them. In addition, the wording on ‘relevant clean energy’ seems excessively vague.
Amendment 22
Article 13(f)
Text proposed by the Commission |
CoR amendment |
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Reason
It would be helpful to focus greater attention on transnational cooperation and the air quality problem, risks associated with global and climate change and the particular vulnerability of the outermost regions. The problems associated with climate change often concern geographical areas with special needs or weaknesses, such as islands, coastal towns and cities, and mountain areas.
[Translator’s note: the amendment of ‘trans-border’ to ‘cross-border’ affects the English version only]
Amendment 23
New article following Article 13
Text proposed by the Commission |
CoR amendment |
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Eligibility of project costs relating to VAT and staff (1) Conditions for the eligibility of costs are laid down in Article 126 of Regulation (EU, Euratom) No 966/2012. Such costs shall include VAT and staff costs. The Commission shall provide an overview, in the mid-term and ex-post evaluations of the LIFE Programme, of VAT reimbursements per Member State that project beneficiaries under the LIFE Programme have requested at the final payment stage. (2) Recoverable VAT is not eligible whether or not the applicant elects to recover. VAT does not constitute eligible expenditure except where it is genuinely and definitively borne by the final beneficiary. VAT which is recoverable, by whatever means, cannot be considered eligible, even if it is not actually recovered by the final beneficiary or individual recipient. The public or private status of the final beneficiary or the individual recipient is not taken into account for the determination whether VAT constitutes eligible expenditure in application of the provisions of this rule. (3) Non-recoverable VAT can be claimed as an eligible cost provided their claim is substantiated by appropriate evidence from the organisations’ auditors or accountants. VAT which is not recoverable by the final beneficiary or individual recipient by virtue of the application of specific national rules will only constitute eligible expenditure where such rules are in full compliance with Directive 2006/112/EC on VAT. |
Reason
The amendment reproduces a previous CoR opinion (rapporteur: Ms Twitchen, ENVI-V/018). VAT was considered to act as a deterrent to participation in earlier versions of the LIFE programme.
Amendment 24
Article 21(4)
Text proposed by the Commission |
CoR amendment |
(4) Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. |
(4) Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making and, if appropriate, the Commission shall consult the local and regional authorities directly and launch public consultations . |
Reason
Local and regional authorities should be specifically mentioned.
Amendment 25
A new Article 21a after Article 21
Text proposed by the Commission |
CoR amendment |
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Committee Procedure (1) The Commission shall be assisted by the Committee for the LIFE Programme for the Environment and Climate Action. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. (2) Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply. |
Reason
The amendment reproduces Article 30 of the current regulation on the LIFE programme (Regulation (EU) No 1293/2013), in order to ensure greater participation in and monitoring of implementation of the LIFE programme.
II. POLICY RECOMMENDATIONS
THE EUROPEAN COMMITTEE OF THE REGIONS
General comments
1. |
welcomes the proposal by the European Commission which, with its unreserved reconfirmation of the LIFE programme for the next MFF, explicitly acknowledges its success and the European added value generated thus far; |
2. |
welcomes the fact that the proposal for a regulation makes specific reference to the United Nations’ Sustainable Development Goals, and that it helps to ensure that climate objectives will account for 25 % of the MFF budget. The Committee of the Regions urges that all the United Nations’ Sustainable Development Goals be explicitly recognised and upheld in the EU budget; |
3. |
underlines the substantial direct impact for local and regional authorities that the LIFE programme has already demonstrated by preserving biodiversity, enhancing the quality of the environment and thus helping to reduce and mitigate the drastic effects of climate change, a struggle where local and regional authorities are in the front line; |
4. |
approves the proposal to increase the budget for the LIFE programme under the MFF by 60 %. It points out, however, that this budget increase corresponds in part to an extension of areas eligible for funding under the future LIFE programme (such as the new Clean Energy Transition sub-programme that will fund projects that come under the Horizon 2020 programme in the current MFF); therefore, the Committee is obliged to highlight that the increase of budget proposed by the European Commission is in reality far away from the 60 % announced by the European Commission, and hopes a further increase could be considered, compatible with the general MFF proposal; |
5. |
in the light of the proposed cuts to the ERDF and EAFRD budgets, is concerned that the funds available to local and regional authorities for projects linked to climate and energy transition policies may suffer an overall reduction in the forthcoming 2021-2027 MFF; |
6. |
regrets the absence of any reference to the LIFE Committee in the European Commission’s proposal. It considers that the LIFE Committee should not abolished: rather, it should promote the more effective involvement of local and regional authorities in the programme; |
7. |
welcomes the decision to emphasise project quality, avoiding binding, geographically-determined advance allocations (while promoting fair and balanced distribution between projects), and supports the attempt to simplify the programme regulation. The Committee however warns of the risk of relegating too many aspects to second-level delegated acts and, in this regard, demands that the levels of co-financing of the local and regional authorities are not decreased in future calls for proposals; |
8. |
considers it essential to enhance the LIFE programme by ensuring that successful projects can be replicated, and using it as a catalyst to attract further funding (private and public, starting with the European Regional Development Fund). It calls on the Commission to put in place appropriate arrangements for information, dissemination and technical assistance in order to encourage and support participation by local and regional authorities in the programme. To this end, it also recommends promoting networking schemes between the national contact points, in order to facilitate exchange of best practices and transnational cooperation; |
9. |
underlines the focus and importance of the Natura 2000 network for the LIFE programme and considers that the support to this network has to remain central for the sub-programme ‘Nature and biodiversity’; |
10. |
understands and accepts the need to facilitate the mobilisation of private capital, not least for environmental investment, but urges the Commission to provide further clarification on the ‘blending operations’ and on the results of the pilot projects funded through financial instruments under the 2014-2020 LIFE programme. |
Brussels, 9 October 2018.
The President of the European Committee of the Regions
Karl-Heinz LAMBERTZ
(1) COM(2015) 614 final, 2.12.2015
(2) Climate and Energy Policy Framework, COM(2014)15, 22.1.2014.
(3) EU Strategy on adaptation to climate change, COM(2013)216, 16.4.2013.
(4) Clean Energy for all Europeans package, COM(2016) 860, 30.11.2016.
(5) Action Plan for nature, people and the economy, COM(2017) 198, 27.4.2017.
(6) Clean Air Programme for Europe, COM(2013) 918.
(7) 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).
(8) Thematic Strategy for Soil Protection, COM(2006) 231.
(9) Low Emission Mobility Strategy, COM(2016) 501 final.
(10) Action Plan on Alternative Fuels Infrastructure under Article 10(6) of Directive 2014/94/EU, 8.11.2017.
(1) COM(2015) 614 final, 2.12.2015
(2) Climate and Energy Policy Framework, COM(2014)15, 22.1.2014.
(3) EU Strategy on adaptation to climate change, COM(2013)216, 16.4.2013.
(4) Clean Energy for all Europeans package, COM(2016) 860, 30.11.2016.
(5) Decision No 1386/2013/EU
(6) Action Plan for nature, people and the economy, COM(2017)198, 27.4.2017.
(7) Clean Air Programme for Europe, COM(2013) 918.
(8) 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).
(9) Thematic Strategy for Soil Protection, COM(2006) 231.
(10) Low Emission Mobility Strategy, COM(2016) 501 final.
(11) Action Plan on Alternative Fuels Infrastructure under Article 10(6) of Directive 2014/94/EU, 8.11.2017.
(12) Directive 2002/49/EC relating to the assessment and management of environmental noise.
(13) A European Strategy for Plastics in a Circular Economy, COM(2018) 28 final.
(14) Directive 2007/60/EC on the assessment and management of flood risks.
(15) Communication Green Infrastructure (GI) — Enhancing Europe’s Natural Capital, COM(2013) 249 final.
(1) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — The EU Environmental Implementation Review: Common challenges and how to combine efforts to deliver better results (COM(2017) 63 final of 3 February 2017).
(1) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — The EU Environmental Implementation Review: Common challenges and how to combine efforts to deliver better results (COM(2017) 63 final of 3 February 2017).
(1) As set out in COM(2017) 623 final, ‘A stronger and renewed strategic partnership with the EU’s outermost regions’.