Opinion of the Commission pursuant to Article 189B(2) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Decision of the European Parliament and the Council 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 Brussels, 01. 10. 1997 COM(97) 471 final 96/0027 (COD) OPINION OF THE COMMISSION pursuant to Article 189 b (2) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND THE COUNCIL ON THE REVIEW OF THE EUROPEAN COMMUNITY PROGRAMME OF POLICY AND ACTION IN RELATION TO THE ENVIRONMENT AND SUSTAINABLE DEVELOPMENT "TOWARDS SUSTAINABILITY" AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 189 a (2) of the EC Treaty 1. Background On 29 February 1996, the Commission presented to Parliament and Council a proposal for a Decision of the Parliament and the Council on the review of the European Community Programme of policy and action in relation to the environment and sustainable development "Towards Sustainability", based on Article 130 s (3), first subparagraph, of the Treaty1 (COM (95) 647 final - 96/0027 (COD) of 24 January 1996). The Economic and Social Committee delivered its opinion on 29-30 May 19962. The Committee of the Regions delivered its opinion on 18-19 September 19963. The European Parliament delivered its Opinion on first reading on 13 November 19964 On 4 December 1996, further to the Parliament's opinion the Commission forwarded to the Council an amended proposal5 (COM (96) 648 final of 4 December 1996). On 17 April 1997, the Council adopted its common position in accordance with Article 189b of the Treaty6. On 17 July 1997, the European Parliament adopted its second reading decision to amend the common position of the Council7. 2. Objective and content of the proposed Decision On 18 March 1992, the Commission adopted the European Community Programme of policy and action in relation to the environment and sustainable development "Towards Sustainability". The Parliament's Resolution of 17 November 1992 welcomed the guidelines set in the Programme. 1 OJ No C 140, 11. 5. 1996. 2 OJ No C 212, 22. 7. 1996. 3 OJ No C 34, 3. 2. 1997. 4 OJ No C 362, 2. 12. 1996. •' OJ No C 28, 29. 1. 1997. 6 OJ No C 157, 24. 5. 1997. 7 Not yet published The Council and Representatives of the Governments of the Member States, in their Resolution of 1 February 1993, approved the general approach and strategy set out in the Programme. The Programme is essentially targeted towards the year 2000, but provision was made in the Programme for a comprehensive review of its strategy to be carried out before the end of 1995. In the Resolutions of the Parliament and the Council a review was explicitly requested for and this review was carried out during 1995. A Progress Report on the implementation of the Programme, which was adopted by the Commission on 10 January 1996 (COM(95) 624 final) and an updated State of the Environment Report presented by the European Environment Agency on 10 November 1995 formed the factual elements of the review process. The prime objective of the proposal for a Decision is to give a renewed political impulse at Community level to the implementation of the Fifth Programme and to overall progress on sustainable development. It aims to refocus priority actions within the existing Programme towards key areas where the Community should take the initiative to overcome the obstacles to implementation identified in the Progress Report. 3. Opinion of the Commission on the amendments of the European Parliament 3. 1 General remarks Of the 28 amendments adopted by the European Parliament in second reading, the Commission can accept 13 amendments in whole or in part or in principle. 15 amendments cannot be supported. Of the 13, 4 amendments were already accepted by the Commission in the first reading and included in the amended proposal of December 1996. 3. 2 Spécifie remarks Amendments accepted Amendments 15 and 23 are acceptable in mil and were already included in the amended proposal of December 1996 (COM (96) 648 final). Amendments 32. 33 and 35 are also acceptable in full since they reintroduce the original Commission text. In relation to the amendments dealing with the integration of environmental considerations into other policies, the Commission can accept reformulations of part aa) of amendment 7 (on agriculture) and part ca) of amendment 14 (on tourism). The rest of amendment 7 cannot be accepted because it is weaker than the Commission proposal. The rest of the amendment 14 cannot be accepted since it proposes an inclusion of the Polluter Pays Principle, which already is in the Treaty, and an inclusion of an "User of natural resources pays principle" which is not known. The Commission accepts a reference to liability as mentioned in amendment 12 in the draft Decision, but in view of the White Paper it is preparing on this subject, it considers it wise to maintain the general reference included in Article 3 of its original proposal. It can largely accept amendment 13 on persistent organic pollutants and included this in its amended proposal of December 1996 in Article 11. 7. In relation to broadening the range of instruments, the Commission can accept a reformulation of amendment 17. The Commission presented a proposal on strategic environmental impact assesment in December 1996. Concerning amendment 25. the Commission included in its amended proposal of December 1996 a reference to technical, administrative and financial support to associated countries of Central and Eastern Europe applying for accession. As regards amendments 34 and 37 concerning the particular environment themes (Article 11), the Commission can accept those amendments as far as they reintroduce parts of the original proposal by the Commission. It cannot accept other elements of these amendments for institutional reasons. However, some of the suggestions are likely to form part of future Work Programmes of the Commission. Amendments not accepted The Commission cannot agree with amendment 1 to make a specific reference to Article 130 r of the Treaty, since it gives no added value. The Commission cannot agree to include amendment 2 (and related to one part of amendment 37) to include an obligation to reach the highest level of environmental protection in the Union by 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 where necessary to put proposals forward, on decisions which need to be taken before the end of the transitional period provided for in the Accession Treaties, i. e. 1 January 1999. Amendment 3 includes 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 amendments 4. 6. 16. 21 and 36 and certain parts of amendments 17 and 37 where deadlines and targets are suggested, given the structure oî the draft Decision, the adoption of such deadlines or targets would specify final dates for the Community to decide on the measures. This would create procedural difficulties. In amendment 5 it is suggested to replace the wording "priorities are" by "the Community shall". The Commission does not consider this amendment to be 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 shall" 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 6. 7. 12. 16. 17. 20. 21. 22. 24. 36 and certain parts of amendments 34 and 37). the Commission is explicitly or implicitly required to put forward proposals before the programme expires or to take other actions. In some cases the detailed scope and content of the measure is already indicated. The Commission cannot accept these amendments because they either affect the right of initiative of the Commission as described in the Treaty or they limit the scope of the Commission proposal or are too detailed or specific compared to the scope of the draft Decision. Furthermore, this Decision cannot become a detailed work programme for the Commission. Seme of the suggested actions may however form part of Commission Work Programmes of future years. Amendment 26 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. Amendment 27 on Green GNP cannot be accepted. The Fifth Programme does not provide for the development of 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 is now developing satellite accounts as a first step in this direction. As regards amendments 36 and 40 and certain parts of amendment 34 concerning the particular environment themes (Article 11), the Commission cannot accept these amendments for institutional reasons. However, some of the suggestions are likely to form part of future Work Programmes of the Commission. 4. Amended proposal Following the second reading of the draft Decision proposal adopted by the European Parliament on 17 July 1997, the Commission herewith modifies its proposal by including in part 3 amendments. 4 other amendments were already included in the amended proposal of December 1996. The remainder of the amendments acceptable to the Commission do not require modifications to the text of the Commission proposal. Compared to the common position of the Council, they reintroduce the text of the original Commission proposal. 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" COMMON POSITION AMENDED PROPOSAL Article 2 (2. T. f) (new) (f) to start the groundwork for a phased reform of the common agriculture policy, to be implemented at the latest at the time of accession of new member states. The reform should ensure that aid will in future be tied primarily to sustainable methods of farming. Article 2 (2. 5. d) (new) that to ensure the Structural and (d) support to Cohesion Funds are used sustainable forms of tourism and the projects financed by these funds are made the subject of an environmental impact assessment in accordance with the requirements of the Structural and Cohesion Funds Regulations and revised Council Directive 85/337/EEC. the * Article 3 (3. 2. a) to promote (a) to develop approaches to environmental impact assessment for plans and programmes, the development of and methodologies, guidance training material for both assessments of projects and of plans and programmes; and (a) the Community will put in place an approach to environmental impact assessment for plans and programmes, and promote the development of methodologies, training and guidance material for both assessments of projects and of plans and programmes; « ISSN 0254-1475 COM(97) 471 final DOCUMENTS EN 11 14 17 Catalogue number : CB-CO-97-483-EN-C ISBN 92-78-24974-2 Office lor Official Publications of the lîuropcan Communities L-2985 Luxembourg