COUNCIL RESOLUTION of 7 October 1997 on environmental agreements (97/C 321/02)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the resolution of the Council and the representatives of the Governments of the Member States, meeting within the Council, of 1 February 1993 on a Community programme of policy and action in relation to the environment and sustainable development (1), which is currently being reviewed (2),

Having regard to the communication of 27 November 1996 from the Commission to the Council and the European Parliament on environmental agreements, and the Commission recommendation of 27 November 1996 on environmental agreements implementing Community directives (3),

Whereas the resolution of 1 February 1993 recognized that the involvement of all levels of society in a spirit of shared responsibility required a deepening and broadening of the range of instruments to complement normative legislation; whereas the development and the encouragement of a broader mix of instruments, as well as the encouragement of practical ways to improve shared action and partnership approaches, are further recognized as priorities for Community action,

1. NOTES that the majority of Member States is increasingly using environmental agreements as a policy instrument, albeit under different forms, different legal and factual circumstances and to a different extent, while the Community has as yet limited experience with environmental agreements;

2. BELIEVES that environmental agreements can play an important role within the mix of instruments by encouraging a pro-active approach from industry, particularly in sectors with representative organizations or with a limited number of companies;

3. WELCOMES the Commission's communication as a valuable reflection on, and a first step towards a better understanding of environmental agreements and their effective use;

4. RECOGNIZES that environmental agreements must have specified objectives, be transparent, reliable and enforceable. CONSIDERS in this respect that the checklist included in the communication can be a useful starting point for drawing up and applying environmental agreements, it being understood that the circumstances specific to each agreement, as well as national specificities, will have to be taken into account as appropriate;

5. CONSIDERS that the option for Member States to use environmental agreements in the implementation of Community directives can be broadened, while bearing in mind, inter alia, the normal transposition of directives into national legislation, the requirement of legal certainty and the need to ensure that the right and obligations of individuals are not prejudiced;

6. ENCOURAGES the Commission to indicate, where appropriate, in its proposals for directives, and specifically justify, which provisions could be implemented by environmental agreements, taking account of the obligation of Member States to guarantee the results required by directives;

7. NOTES the guidelines contained in the Commission's recommendation; BELIEVES that more work needs to be done to clarify, in consultation with Member States, how environmental agreements could be used to implement Community directives;

8. NOTES the Commission's intention to consider on a case-by-case basis the appropriateness of environmental agreements at Community level;

9. CONSIDERS, subject to further consideration of this theme, that such environmental agreements should be negotiated in accordance with procedures to be agreed;

10. INVITES the Commission to initiate as soon as possible further work in accordance with this resolution and to report on the results achieved and the experiences gained with environmental agreements at Community level and with environmental agreements implementing certain provisions of Community directives.

(1) OJ C 138, 17. 5. 1993, p. 1.

(2) OJ C 140, 11. 5. 1996, p. 5.

(3) OJ L 333, 21. 12. 1996, p. 59.