Amended proposal for a EUROPEAN PARLIAMENT AND COUNCIL DECISION on the review of the European Community Programme of policy and action in relation to the environment and sustainable development "Towards Sustainability"
COMMISSION OF THE EUROPEAN COMMUNITIES ii * Brussels, 04. 12. 1996 COM(96) 648 final 96/0027 (COD) Amended proposal for a EUROPEAN PARLIAMENT AND COUNCIL DECISION on the review of the European Community Programme of policy and action in relation to the environment and sustainable development "Towards Sustainabilitv" (presented by the Commission pursuant to Article 189 a (2) of the EC-Treaty) Introduction EXPLANATORY MEMORANDUM Pursuant to Article 189 (a) paragraph 2 of the EC Treaty, the Commission submits an amended proposal for a European Parliament and Council Decision on the review of the European Community Programme of policy and action in relation to the environment and sustainable development "Towards Sustainability" (the Fifth Environment Action programme). The amended proposal takes account of a number of amendments from the European Parliament, adopted at its plenary session on 13 November 19961. The Commission wishes to reiterate and stress that its prime objective in putting, forward the proposal is to ensure a renewed political impulse to the implementation of the Fifth Programme and to overall progress on sustainable development. It does so by refocusing priority actions within the existing Programme towards key areas where the Community should take the initiative to overcome obstacles to implementation identified in the Progress Report and the State of the Environment Report of the European Environment Agency. It was not intended to revise or rewrite the existing programme, nor to set new targets or new deadlines. The overall success of the Programme depends also on the active participation of ail actors in society, including public authorities in the Member States, at national, regional or local level, public and private enterprise, and the general public, both as citizens and consumers. By means of this proposal, the Commission wants to ensure that the Community will set an example and give a lead to achieving the broad strategy and objectives of the Fifth Programme. The Amendments Amendment 1 suggests. the inclusion in the sixth recital of a reference to the commitments entered into at Helsinki in 1994. The Commission recognizes the importance of these commitments, but is of the opinion that such a reference is too specific. The same goes for amendment 2 which ask for the inclusion of references to recent international developments and conferences. The Commission is of the opinion that a general reference to international processes can be included, avoiding the need for an exhaustive list. The Commission can agree with the inclusion of amendment 3 which refers to the protection of human health as one of the objectives of Community Environment Policy as set out in Article 130 r of the Treaty. The Commission cannot agree to include amendment 4 (and related to this amendment 99) to include an obligation to reach the highest level of environmental protection in the Union by I Reference- minutes of the session of 13 November 1996, provisional edition, PE 253. 832 1 January 1999. This issue has no direct relationship with the proposal for the review of the Fifth Programme. The Commission has undertaken on the basis of the Joint Declaration on standards for the protection of the environment, health and product safety, to review the "acquis communautaire" and to put proposals forward where necessary, on which decisions need to be taken before the end of the transitional period, i. e. 1 January 1999. Amendments 5 and 6 include detailed references to the findings of the European Environment Agency in its updated State of the Environment Report. The Commission considers that a simple reference to the Agency's Report as in the original Commission proposal suffices. In relation to amendment 7 as well as several amendments on articles where deadlines and targets are suggested (for example amendments 15, 27, 29 or 44) it is underlined that given the structure of the draft Decision, such deadlines or targets would indicate the final dates by which the Community would need to decide on the measures, which would create procedural difficulties. In amendment 13 it is suggested to replace the wording "priorities are" by "the Community will". The Commission does not consider this amendment is appropriate. The draft Decision indicates the priority areas with a broad indication of the mix of measures which would help to achieve the objectives of the Programme. The phrase "the Community will" would be more legally binding given it would prescribe exactly the measures indicated, without being in a position to develop other measures. In many amendments throughout the text (for example numbers 14, 17, 20, 44, 47 48 or 82), the Commission is explicitly or implicitly required to put forward proposals by a certain date. In some cases the detailed scope and content of the measure is already indicated. The Commission cannot accept these amendments because they affect the right of initiative of the Commission as described in the Treaty. This Decision should not become a detailed work programme for the Commission. Some of the suggested actions may however form part of Commission Annual Work Programmes of future years. Other amendments require changes to the Treaties, and therefore fall outside the scope of this Decision. This is in particular the case with amendment 32 which addresses research and its funding on fusion energy (part of the Euratom Treaty), as well as amendment 78 which requires environmental policy to be based on sound scientific "research in the physical and social sciences", which is different from the Treaty text in Article 130 r par. 3 which requires "to take into account available scientific and technical data". In amendment 40 the Polluter pays principle is mentioned, which is already included in the Treaty. The "user of natural resources pays principle" which is also mentioned is not known and not part of the Treaty. The requirement included in amendment 40 to make projects on tourism financed by the Structural Funds subject to environment impact assessments (EIA) runs counter to the EIA Directive of 1985 and the provisions included in the Structural Funds Regulations of 1993. ^ In relation to the amendments dealing with the integration of the environment into other policies, the Commission can accept reformulations of amendments 19 (on fisheries), 28 (on Local Agenda 21), 29 in part and reworded, 32 mentioning the current programmes on energy. It can also largely accept amendment 36 on persistent organic pollutants, but considers this should be included in Article 11. 7. Other amendments however are not acceptable, given that they either limit the scope of the Commission proposal (for example amendment 17), are too detailed or specific compared to the scope of the draft Decision (for example amendments 20 and 35), or unlikely to be achieved (for example amendment 27). In relation to broadening the range of instruments, the Commission can accept a reference to environmental accounting (amendment 43). Amendments 44, 45, 47, 48, and 50 are not acceptable for the institutional reasons set out above, but the Commission is in the process of adopting a Communication on levies and charges as well as a draft Directive on Strategic Impact Assessment. On implementation and enforcement, the Commission welcomes the inclusion of references to openness and transparency (amendment 53) but prefers to do so in the first sentence which covers the whole of Article 4. Amendments 56, 57 and 59 cannot be accepted for the institutional reasons set out above. In relation to awareness raising, the Commission can accept amendment 65 on the wider collection and dissemination of information on the relationship between the state of the environment and public health. Concerning Article 6 on the international dimension, the Commission can accept the inclusion of a reference to improving nuclear safety which is the key message of amendment 67. It also accepts amendment 73 (without the references to specific regions or cities). Amendment 66 is too detailed and does not fit very well within a legal text. Amendment 76 limits the issue of trade and environment to the WTO context only. Furthermore, the Community cannot ensure that WTO rules take full account of the need to maintain a high level of environmental protection. In relation to Article 7, the Commission can accept a reference to the work of the European Environment Agency (amendment 78). However, its future tasks should be dealt with in the context of a future revision of the Regulation setting up the Agency. Amendment 81 on Green GNP cannot be accepted. The Fifth Programme does not provide for a Green GNP in the EU by 1999. It indicates that economic indicators such as GNP need modification and adaptation at the initiative of the Member States and supported by the EC. The 1994 Communication on indicators and environmental accounting indicated that subsequent research has shown that the development of a "Green GNP" is more difficult than originally assumed. As a result, the Commission together with other international bodies and Member States' agencies are now developing satellite accounts as a first step in this direction. S As regards amendments 85 to 87, 89, 91 to 93, 97 to 101 concerning the particular environment themes (Article 11), the Commission cannot accept these amendments for the institutional reasons set out above. However, some of the suggestions are likely to form part of future Work Programmes of the Commission. Finally, in relation to amendment 102 on the preparation of a Sixth Environment Action Programme, the Commission considers that this is premature, given the draft Decision deals simply with the review of the Fifth Programme and not with the period after this Programme. The amendment prejudges the right of initiative of the Commission to decide whether a new programme is necessary and on the procedures it should follow. Amended Proposal for a EUROPEAN PARLIAMENT AND COUNCIL DECISION on the review of the European Community Programme of policy and action in relation to the environment and sustainable development "Towards Sustainability" ORIGINAL PROPOSAL MODIFIED PROPOSAL Recital 6a (new) Whereas the review should also reflect the commitments the conclusions adopted as part of various international processes: entered into and Recital 6b (new) Whereas one of the objectives to be pursued by Community policy on the environment is the protection of human health: Article 2 (2. 1) after ". international developments", insert a new paragraph The Community will promote sustainable fishing practices, and discourage overfishing and catching below the legal minimum landing size. t Article 2 (2. 2. d) (d) to promote exchanges of experience between to sustainable transport initiatives; local authorities in relation local authorities (d) to promote exchanges of experience between to in relation sustainable transport initiatives, including local action-based Agenda 21 plans on the between public basis of authorities and local people; cooperation Article 2 (2. 3. a) to support (a) the development and application of energy-saving technologies and practices including renewable energy sources, by means of funding, awareness-raising and information measures, and to develop criteria for the screening of subsidy schemes in order to redress incentives which have an adverse effect; to support the development and (a) application of energy-saving technologies and practices including renewable energy sources, funding, co-generation, by means of awareness-raising and information measures, and to develop criteria for the screening of subsidy redress incentives which have an adverse effect; in order schemes to Article 2 (2. 3. e) (new) (e) to reinforce existing measures under the SAVE. ALTENER, THERMIE and JOULE programmes and to place greater emphasis on economic management instruments; Article 3 (3. 1. e) (new) e) environmental accounting: > Article 4 The Community will reinforce efforts at all better levels with a view to ensuring implementation of environmental legislation. enforcement and The Community will reinforce efforts at all levels with a view to ensuring openess and transparency and a better implementation and enforcement of environmental legislation. Article 5(e) (new) to collect and disseminate widely information and knowledge concerning the link between the state of the environment and human health; Article 6 (6. 1. a) (a) to further develop a comprehensive approach in relation to environmental matters in the context of the strategy to prepare the associated countries of Central and Eastern Europe for accession; (a) to further develop a comprehensive approach in relation to environmental matters in the context of the strategy to prepare the associated countries of Central and Eastern Europe for accession, and to improve nuclear technical and safety on administrative cooperation and financial support; the basis of Article 6 (6. 3. h) (new) (h) to cooperate on improving safety in the nuclear reactors in the region; $ Article 7 that The Community will ensure its environmental policy is based on reliable and comparable data, statistics and indicators, on information and on an sound scientific assessment of the costs and benefits of action or the lack of action. that The Community will ensure its environmental policy is based on reliable and comparable data, statistics and indicators, on information and on an sound scientific assessment of the costs and benefits of action or the lack of action. The European Environment Agency will continue to play a key role in monitoring and reporting on environmental developments in the Community's environment. Article 11 (11. 7. e) (new) (e) to promote the phasing out and prohibition of persistent organic pollutants (pops) which have a deleterious effect on the environment or health, where environment- friendly alternatives exist. ^ ISSN 0254-1475 COM(96) 648 final DOCUMENTS EN 14 Catalogue number : CB-CO-96-649-EN-C ISBN 92-78-13097-4 Office for Official Publications of the European Communities L-2985 Luxembourg h