Re-examined proposal for a Council Regulation amending Regulation (EEC) No 1210/90 of 7 May 1990 on the establishment of the European Environment Agency and the European environment information and observation network
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 29. 03. 1999 COM(1999) 122 final 97/ 168 (SYN) Re-examined proposal for a COUNCIL REGULATION amending Regulation (EEC) No 1210/90 of 7 May 1990 on the establishment of the European Environment Agency and the European environment information and observation network (presented by the Commission pursuant to Article 189c (d) of the EC Treaty) EXPLANATORY MEMORANDUM On 13th June 1997, the Commission adopted a proposal to amend the Council Regulation (EEC) No 1210/90 in the European Environment Agency (COM/97/282 - SYN 97/168 - OJ C 255, 20. 8. 1997). The Economic and Social Committee adopted its opinion in December 1997 (OJ C 73, 9. 3. 1998). The European Parliament delivered its opinion on the First Reading on 18th February 1998 ( OJ C 80 , 16. 3. 1998). The Committee of the Regions adopted its opinion on 12th March 1998 (OJ C 180, 11. 6. 1998). The Commission adopted its Amended proposal on 24th March 1998 (COM/98/191 final - OJ C 123 , 22. 4. 1998). The Council formally adopted its Common Position on 20th July 1998 (OJ C 364, 25. 11. 1998). The European Parliament examined the Council's Common Position at Second Reading on 9th February 1999 and approved it, subject to 9 amendments. Pursuant to Article 189c (d) of the Treaty, the Commission submits the present re-examined proposal a Council Decision amending Regulation (EEC) No 1210/90 on the European Environment Agency. This proposal incorporates some amendments following the Second Reading in Parliament. for Amendments accepted in full by the Commission Amendment 3 introduces a precision into Article 2(xi) of the original Regulation that Agency environmental information should be 'reliable and comparable', in line with Agency objectives. Amendment 8 clarifies the intention of the original Commission proposal on membership of the Bureau of the Agency Management Board to ensure that the Commission and Parliament, as well as Member States, are represented. Amendments partially accepted by the Commission Amendment 2 inserts a reference to development and maintenance of a reference centre. This is acceptable. The Commission however cannot support the reference to a data register, which was rejected in the Common Position, as this would effectively alter legislation. The reference to 'compliance' is not accepted as the Agency information is only suitable for an indirect assessment of the effectiveness of Community environmental legislation. reporting systems established under other Amendments not accepted by the Commission Amendment 1 returns to a position on Agency advice on monitoring systems that was rejected in the Common Position. The Commission accepts the Common Position, 2 which is based on the view that the national monitoring systems are a matter for Member States. The reference to co-operation between Agency and Commission is unnecessary as it is already covered in the objectives set out in Article 1. Amendment 4 is considered unnecessary as freedom of access to Agency information is already adequately covered by Article 6 of the existing Regulation. Amendment 5 makes reference to compliance (see above reference to Amendment 2) and unnecessary reference to evaluation of policy (adequately covered in Article 1 of the existing Regulation). Amendment 6 is inflexible and obliges co-operation with IMPEL, which is 'just' an informal network, and 'other bodies'. Amendment 7 seeks to reverse the text of the Common Position, which the Commission supports, that expresses the will of Member States to avoid any binding legal requirements on them to furnish information to the Agency. Amendment 9 restores text related to future reviews that were inadvertently missing from the published Common Position. However, the Commission cannot accept the reference to the evaluation of the cost-effectiveness of centralised and decentralised [Community environmental ] actions for the following reasons: • the original proposal also makes provision for a performance and efficiency review; • the Agency's cost-effectiveness cannot be considered in the wider framework of the EU's Institutions, rather cost-effectiveness must be a criterion for review on the basis of the Agency's own role and objectives. 3 Re-examined Proposal for a COUNCIL REGULATION amending Regulation (EEC) No 1210/90 of 7 May 1990 on the establishment of the European Environment Agency and the European environment information and observation network (presented by the Commission pursuant to Article 189c (d) of the EC Treaty) Common Position Amended text Article 1(2) (a) on the reports and on pressures 1. (iii) to record, collate and assess data on the state of the environment, to draw up quality, expert the sensitivity environment within the territory of the Community, uniform environmental assessment data to be applied in all Member States, to develop further a reference centre on the environment. The Commission shall use this information in its task of ensuring the of Community legislation on the environment; provide for implementation to criteria on the to criteria reports and on pressures 1. (iii) to record, collate and assess data on the state of the environment, to draw up quality, expert the sensitivity environment within the territory of the Community, uniform environmental assessment data to be applied in all Member States, to develop and maintain a reference centre on the environment. The Commission shall use this information in its task of ensuring the implementation of Community the legislation environment; provide for further on Article 1(2)(b) 2. (xi) to ensure the broad dissemination of reliable and comparable environmental information, in particular on the state of the environment, to the general public and, to this end, to promote the use of new telematics this purpose; technology for information, environmental 2. (xi) to ensure the broad dissemination in of particular on the state of the environment, to the general public and, to this end, to promote the use of new telematics technology for this purpose; 4 Common Position Amended text Article 1(5)(b) it may to which The Management Board shall elect a delegate bureau executive decisions, according to the rules that it shall adopt. The Bureau shall include amongst its members one of the the by Board members European Parliament and one of the representatives of the Commission on the Board. designated The Management Board shall elect a delegate bureau executive decisions, according to the rules that it shall adopt. to which it may 5 ANNEX - Amendments not accepted by the Commission (Amendment 1 ) ARTICLE 1(2)(a) Article 2(ii), 3rd indent (Regulation (EEC) No 1210/90) Common position of the Council Amendments by Parliament systems - to advise individual Member States, upon their request and where this is consistent with the Agency's annual work-programme, on the development, establishment and expansion of of their environmental measures, such activities do not endanger the fulfilment of the other tasks established by this Article. Such advice may also include peer reviews by the specific request of Member experts at States. the monitoring provided for is systems consistent with work-programme, - to advise individual Member States, where the Agency's this the on multiannual development, establishment and expansion of of their environmental measures, such activities do not endanger the fulfilment of the other tasks established by this Article. Such advice may also include peer reviews by experts; the monitoring provided for The information, assistance and advice under point (ii) can be required by a Member State, the Commission or other EU institutions or be provided by the Agency on its own initiative. The Commission shall in general seek to cooperate with the Agency in cases where appropriate information can be provided by the Agency to support Commission initiatives or implementation of acts. Such requests should in normal circumstances be in line with the Agency's approved working programmes. 6 (Amendment 4) ARTICLE 1(2)(b) Article 2(xiiia) (new) (Regulation (EEC) No 1210/90) Common position of the Council Amendments by Parliament to the use centre of (xiiia) reference to ensure information on the environment freedom of access to validated information on in accordance with the the environment, requirements set out in Council Directive 90/313/EEC on the freedom of access to environment(1). information ____________ (1) OJ L 158, 23. 6. 1990, p. 56. the on (Amendment 5) ARTICLE 1(3)(b)(-i) (new) Article 3(2), 1st subparagraph (Regulation (EEC) No 1210/90) Common position of the Council Amendments by Parliament (-i) the first subparagraph is replaced by the following: "The Agency shall furnish information which can be directly used in the implementation and evaluation with, Community environmental policy. " compliance and of, (Amendment 6) ARTICLE 1(3)(c) Article 3(3), 1st subparagraph (Regulation (EEC) No 1210/90) Common position of the Council Amendments by Parliament 3. The Agency may also cooperate in the exchange of information with other bodies, including with the IMPEL network. 3. The Agency shall also cooperate in the exchange of information with and assist other bodies, including with the IMPEL network. 7 (Amendment 7) ARTICLE 1(4)(a) Article 4(2), 2nd subparagraph (Regulation (EEC) No 1210/90) Common position of the Council Amendments by Parliament shall keep national environment the Agency Member States informed of the main component elements of their information networks. Member States shall, as appropriate, cooperate with the Agency and contribute to the European environment the work of information in accordance with the work programme of the Agency by collecting, collating and analysing data nationwide. Member States may also join to a these in cooperate transnational level. observation activities network and at shall keep national environment the Agency Member States informed of the main component elements of their information networks. Member States shall cooperate with the Agency and contribute to the work of the European and observation network in accordance with the work programme of the Agency by collecting, collating and analysing data nationwide. Member States may also join to cooperate in these activities at a transnational level. environment information (Amendment 9) ARTICLE 1(8a)(new) Article 20 (Regulation (EEC) No 1210/90) Common position of the Council Amendments by Parliament 8a. Article 20 is replaced by the following: "1. Not later than 31 December 2003, on the basis of a report from the Commission, the Council shall review the progress of and tasks undertaken by the Agency in relation with the Union's global policy on the environment. This report effectiveness evaluation on centralised and decentralised actions. contain a shall cost 2. The Agency shall conduct an evaluation of its performance and efficiency before 15 September 1999 and submit a report to the management board, the Commission and the European Parliament. " 8