Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL Laying down the Community Environment Action Programme 2001-2010

(Presented by the Commission)

EXPLANATORY MEMORANDUM

1. Introduction

In 1992, the Fifth Environmental Action Programme, 'Towards Sustainability' was launched. By the end of the Programme, it was clear that, despite the existence of a comprehensive environmental legislation, the environment still required attention.

This new Action Programme seeks to identify the areas where new action or a fresh orientation is required. Many of the conclusions and measures proposed in the Fifth Programme remain valid, but they are largely a question of implementation on the ground. More persistent and intractable problems, such as climate change, require a more concerted effort at Community level to lead the way. This Action Programme sets this agenda and puts the environmental policy challenges in a wider context of sustainable development, the inter-reliance between economic progress and a sound environment, globalisation and the enlargement of the European Union.

2. Global Assessment of the Fifth Environment Action Programme

In the review of the Fifth Environment Action Programme, the Commission was asked to undertake a global assessment of the achievements of that programme. This evaluation, based on the state of the environment report from the European Environment Agency, concluded that progress had been made in achieving environmental objectives but that much remained to be done. The Global Assessment was published as a platform for debate on future environment priorities.

3. External Consultations

A wide consultation with stakeholders in Member States took place following the publication of the 'Global Assessment'. This involved 12 seminars organised by national authorities, a seminar with industry and enterprise representatives, meetings and contacts with various non-governmental associations and written comments from regional bodies and individuals. To facilitate the process a public web page was made available.

The Applicant countries were also encouraged to offer their views on the priorities of an Action Programme that will cover the period following the first accessions to the Union. The Regional Environment Centre in Hungary co-ordinated comprehensive input from national authorities and non-governmental organisations.

4. The Action Programme and Sustainable development

The Fifth Environment Action Programme was instrumental in establishing sustainable development as an objective for the European Union. This was confirmed in the Treaty of Amsterdam.

Sustainable development cannot be achieved by environment policy alone. It will require the commitment of all policy-makers, including environment, across the full range of Community policies, seeking to achieve the optimal balance of economic, social and environmental objectives.

The role of this new environment action programme thus changes character. It represents the environmental dimension of a wider Community strategy for sustainability. It aims at identifying the key environmental problems and their driving forces. Environmental integration is the mechanism to help ensure that the other policy areas respond to the problems in an effective way.

5. Financial implications

The Action Programme outlines the priority objectives that need to be attained to ensure a clean and healthy environment. It sets out the key challenges for the future but does not prescribe the precise nature of the actions and measures that will be needed. These will be the subject of subsequent initiatives, which will address the financial implications of each measure.

6. Subsidiarity

The Action Programme addresses those environmental problems where action and leadership is needed at European level. This reflects the trans-frontier nature of environmental issues and their solutions.

7. Coherence with other Community policies

The Action Programme recognises the umbilical link between the Community's economic and social policies and the potential impact on the environment. Environmental integration, enshrined in Article 6 of the Treaty, is an essential component of the Action Programme.

8. A ten year timeframe

A ten year time scale is proposed for the Programme. This is considered the minimum for:

- The development of new measures

- The transposition and implementation of the measures

- The measures to take meaningful effect

- The ability to evaluate the effectiveness of those measures

To respond to changing circumstances, a mid-term review of the Programme is foreseen. Indicators will be published regularly to allow monitoring of progress and to stimulate responses where necessary.

2001/0029 (COD)

Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL Laying down the Community Environment Action Programme 2001-2010

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175 paragraph 3,

Having regard to the proposal from the Commission [1],

[1] OJ C [...], [...], p. [...].

Having regard to the opinion of the Economic and Social Committee [2],

[2] OJ C [...], [...], p. [...].

Having regard to the opinion of the Committee of the Regions [3],

[3] OJ C [...], [...], p. [...].

Acting in accordance with the procedure laid down in Article 251 of the Treaty [4],

[4] OJ C [...], [...], p. [...].

Whereas:

(1) A clean and healthy environment is essential for the continuing well-being and prosperity of society, yet continued growth at a global level will lead to unprecedented pressures on the environment.

(2) The Community's fifth environmental action programme 'Towards Sustainability' ended on 31 December 2000 having delivered a number of important improvements.

(3) A number of serious environmental problems persist and require further action.

(4) A prudent use of natural resources and the protection of the global eco-system together with economic prosperity and a balanced social development are a condition for sustainable development.

(5) This programme targets the environmental dimension of sustainable development, whilst aiming also at a general improvement in the environment and quality of life in the European Union.

(6) This environmental action programme establishes the environmental priorities for a Community response, covering a ten year time period to allow sufficient time for identification of new measures, implementation and evaluation of their effects.

(7) The objectives, priorities and actions of this Decision will apply to an enlarged Community.

(8) Legislation remains central to meeting environmental challenges and full and correct implementation of the existing legislation will be a priority.

(9) Integration of environmental concerns into economic and social policies is essential to tackle the driving forces behind the pressures on the environment and further progress is needed.

(10) A strategic approach is needed to induce the necessary changes in production and consumption patterns that influence the state and trends of the environment, incorporating new ways of working with the market, empowering citizens and encouraging better land use planning and management decisions.

(11) There is scientific consensus that human activity is causing increases in concentrations of greenhouse gases, leading to higher global temperatures and disruption to the climate.

(12) The implications of climate change for human society and for nature are severe and necessitate measures to reduce emissions of greenhouse gases.

(13) The prevention of climate change can be achieved without a reduction in levels of growth and prosperity through the de-coupling of economic growth from emissions.

(14) Healthy and balanced natural systems are essential for supporting life on the planet.

(15) There is considerable pressure from human activity on nature and bio-diversity, arising notably from pollution, the way in which land and sea is exploited.

(16) Soil is a finite resource that is under pressure.

(17) Despite improvements in environmental standards, human health is affected by the quality of air, water and food and there is evidence of increased allergies, respiratory diseases, cancer and other maladies.

(18) Pollution from transport, agricultural activities, industrial processes, domestic effluent and waste management contribute to the poor environmental quality that adversely affects human health.

(19) Greater focus is required on prevention and precaution in developing an approach to protect human health and the environment.

(20) The capacity of the planet to absorb the demand and waste resulting from the use of resources is under pressure, with adverse effects arising from the use of metals, minerals and hydro-carbons.

(21) Waste volumes in the Community continue to rise, leading to loss of land and resources as well as to pollution.

(22) A significant proportion of waste is hazardous.

(23) Economic globalisation means that environmental action is increasingly needed at international level, requiring new responses from the Community linked to policy related to trade, development and external affairs.

(24) Environmental policy-making, given the complexities of the issues, needs to be based on sound scientific and economic assessment, based on a knowledge of the state and trends of the environment, in line with Article 174 of the Treaty .

(25) Information to policy makers and the general public has to be relevant, up to date and easily understandable.

(26) Progress towards meeting environmental objectives needs to be measured and evaluated.

(27) A review of the progress made and an assessment of the need to change orientation should be made at the mid term point of the programme,

HAVE DECIDED AS FOLLOWS:

Article 1

Establishment of the Programme

1. This decision establishes a programme of Community action on the environment, hereafter referred to as 'the programme', which sets out priority objectives to be attained.

2. This programme shall cover the period starting on 1 January 2001 and ending on 31 December 2010.

Article 2

Overall Aim and objectives

1. The programme lays down the key environmental objectives and priorities of the current and a future enlarged Community that will contribute to the Community's sustainable development strategy, based on an assessment of the state and trends of the environment and the identification of those persistent environmental problems that require a lead from the Community.

2. The Programme shall facilitate the full integration of environmental protection requirements into other Community policies while, at the same time, ensuring that measures proposed and adopted in favour of the environment take account of the objectives of the economic and social dimensions of sustainable development, full consideration of all options and instruments, as well as being based on extensive dialogue and sound science.

3. The Programme aims at stabilising the atmospheric concentration of greenhouse gases at a level that will not cause unnatural variations of the earth's climate. This will require making progress towards the long-term requirement established by the Intergovernmental panel on climate change to reduce emissions of greenhouse gases by 70% over 1990 levels, with the following objectives:

- Ratification of the Kyoto Protocol and meeting of the target of an 8% reduction in emissions by 2008-12 over 1990 for the current Member States;

- Placing the Community in a credible position to insist on an international agreement on a new goal for the period subsequent to Kyoto, which should aim at cutting emissions significantly.

4. The Programme aims at protecting and restoring the functioning of natural systems and halting the loss of bio-diversity both in the European Union and on a global scale, with the following objectives:

- Protection of the natural environment from damaging pollution emissions.

- Protection of soils against erosion and pollution.

- Protection of biological diversity, in line with the Community's bio-diversity strategy [5].

[5] Communication of the European Commission to the Council and to the Parliament on a European Community Biodiversity Strategy, COM (98) 42 final

- Protection of bio-diversity and landscape values across the rural areas of the Community.

5. The Programme aims at an environment where the levels of man-made contaminants do not give rise to significant impacts on, or unacceptable risks to, human health. The Programme specifically aims at:

- Achieving better understanding of the threats to human health;

- Assessing all chemicals produced in relevant quantities in a step by step approach with clear target dates and deadlines (as outlined in the White Paper on the new chemicals strategy), starting with the high production volume chemicals and chemicals of particular concern

- Ensuring that the levels of pesticides in the environment do not give rise to significant risks to or impacts on human health and the environment and, more generally, to achieve an overall reduction in the use of pesticides.

- Achieving levels of water quality that do not give rise to significant impacts on and risks to human health and the environment, and to ensure that the rates of extraction from water resources are sustainable over the long term.

- Achieving levels of air quality that do not give rise to significant impacts on and risks to human health and environment.

- Substantially reducing the number of people regularly affected by long-term and significant levels of noise.

6. The Programme aims at better resource efficiency and resource and waste management, with the following objectives:

- Ensuring that the consumption of renewable and non-renewable resources and their associated impacts does not exceed the carrying capacity of the environment;

- A significant reduction in the quantity of waste going to final disposal and the volumes of hazardous waste produced, in the lifetime of the programme

- Achieving a significant overall reduction in the volumes of waste generated through waste prevention initiatives, better resource efficiency and a shift towards more sustainable consumption patterns, thereby de-coupling the link between generation of waste and economic growth.

- For wastes that are still generated: they should be non-hazardous or present as little risk as possible; preference should be given to recovery and especially to recycling the quantity of waste for final disposal should be minimised and should be safely destroyed or disposed of; waste should be treated as closely as possible to the place of its generation, to the extent that this is compatible with Community legislation and does not lead to a decrease in the economic and technical efficiency in waste treatment operations.

7. The Programme shall promote the adoption of policies and approaches that permit sustainable development in the candidate countries.

8. Promoting environment and sustainable development in the Candidate countries through:

- Extended dialogue with the administrations in the Candidate Countries on sustainable development;

- Co-operation with environmental NGOs and business in the Candidate Countries to raise awareness.

9. The Programme shall stimulate the development of a global partnership for environment and contribute to sustainable development by ensuring:

- The integration of environmental and sustainable development concerns and objectives into all aspects of the Community's external relations;

- That environmental issues are addressed and are properly resourced by international organisations;

- The implementation of international conventions relating to the environment;

- The active search for consensus on the evaluation of risk to health and the environment, including the sharing of information, collaboration on research and the development of testing procedures with a view to facilitate international consensus on risk management approaches, including the application of the precautionary principle where necessary.

10. The Programme shall ensure that the Community's environmental policy-making is undertaken in an integrated way, based on an extensive and wide ranging dialogue with stakeholders, citizen involvement, an analysis of cost-effectiveness and sound scientific data and information, taking into account the latest research and technological development.

Article 3

Strategic approaches to meeting environmental objectives

The objectives set out in Article 2 on strategic approaches shall be pursued inter alia by means of the following priority actions.

1. Encouraging more effective implementation of Community legislation on the environment and without prejudice to the Commission's right to initiate infringement proceedings requires:

- Support to the exchange of information on best practice on implementation by the IMPEL network;

- Measures to combat environmental crime.

- Promotion of improved standards of inspection and monitoring by Member States.

2. Integration of environmental protection requirements into the definition of all Community policies and activities. This requires:

- Ensuring that the integration strategies produced by the Council in different policy areas are translated into effective action;

- Regular monitoring, via relevant indicators, and reporting on the process of sectoral integration;

- Further integration of environmental criteria into Community funding programmes;

3. To promote the polluter pays principle, through the use of market based instruments, including the use of emissions trading, environmental taxes, charges and subsidies, to internalise the negative as well as the positive impacts on the environment.

4. To promote co-operation and partnership with enterprises and their representative bodies on environment matters requires:

- Encouraging wider uptake of the Community's Eco-Management and Audit schemes [6] and developing initiatives to encourage companies to publish rigorous and independently verified environmental or sustainable development performance reports;

[6] Insert full reference when available

- Establishing a compliance assistance programme, with specific help for small and medium enterprises;

- Stimulating the introduction of company environmental performance reward schemes;

- Promoting an integrated policy approach that will encourage the taking into account of environmental requirements throughout the life-cycle of products, and more widespread application of environmentally friendly processes and products;

- Encouraging voluntary commitments and agreements to achieve clear environmental objectives.

5. To help ensure that consumers are better informed about the processes and products in terms of their environmental impact:

- Encouraging the uptake of eco-labels that allow consumers to compare environmental performance between products of the same type;

- Encouraging the use of reliable self-declared environmental claims and preventing misleading claims;

- Promoting green procurement, while respecting Community competition rules and the internal market, with guide-lines on best practice and starting with a review of green procurement in Community Institutions.

6. To support environmental integration in the financial sector requires:

- Considering a voluntary initiative with the financial sector, covering guide-lines for the incorporation of data on environmental cost in company annual financial reports, and the exchange of best policy practices between Member States;

- Calling on the European Investment Bank to strengthen the integration of environmental objectives and considerations into its lending activities;

7. To create a Community liability regime requires:

- Legislation on environmental liability.

8. To promote better understanding of environmental issues amongst European citizens requires:

- Supporting the provision of accessible information to citizens on the environment;

- Providing a tool-kit of resources aimed at helping local and regional authorities or other organisations to communicate with citizens on environmental issues and notably on the benchmarking of household environmental performance and information to improve it.

9. To encourage and promote effective land use planning and management decisions taking account of environmental concerns, while fully respecting the subsidiarity principle, requires:

- Promoting best practice with respect to sustainable land use planning, with particular emphasis on the Integrated Coastal Zone Management programme;

- Supporting programmes and networks fostering the exchange of experience and the development of good practice on sustainable urban development and on sustainable sea exploitation;

- Increasing resources and giving broader scope for agri-environment measures under the Common Agricultural Policy;

Article 4

Priority areas for action on tackling climate change

The objectives set out in Article 2 on climate change shall be pursued inter alia by means of the following priority actions.

1. With a view to meeting the targets established by the Kyoto Protocol:

- Ratifying and implementing the Kyoto Protocol;

- Establishing objectives to be achieved in a cost effective way for reductions in greenhouse gas emissions in the various sectors, in conjunction with the European Climate Change Programme;

- Establishing a Community wide emissions trading scheme in CO2.

- Undertaking an inventory and review of energy subsidies in Member States. This will include consideration of the compatibility with the achievement of climate change objectives;

- Encouraging a shift towards low carbon fuels for power generation;

- Encouraging renewable energy sources, with a view to meeting a target of 12% of energy from renewable sources by 2010;

- Promoting the use of fiscal measures, including at the Community level, to encourage a switch to cleaner energy and transport and to encourage technological innovation, including the adoption of a framework for energy taxation;

- Encouraging environmental agreement with industry sectors on energy efficiency.

- Identifying specific actions to reduce greenhouse gas emissions from aviation if no such action is agreed within the International Civil Aviation Organisation by 2002;

- Ensuring climate change as a major theme of Community policy for research and technological development and for national research programmes.

- Developing means to assist SMEs to adapt, innovate and improve performance;

- Introducing incentives to increase Combined Heat and Power;

- Promoting eco-efficiency practices and techniques in industry;

- Promoting energy saving on both the heating and cooling of buildings.

2. Prepare for measures aimed at adaptation to the consequences of climate change, by:

- Reviewing Community policies, in particular those related to cohesion policy, so that adaptation is addressed adequately in investment decisions;

- Encouraging regional climate modelling and assessments to prepare regional adaptation measures and to support awareness raising among citizens and business.

Article 5

Priority areas for action on nature and bio-diversity

The objectives set out in Article 2 on the protection and restoration of natural systems and bio-diversity shall be pursued by means of the following priority actions. This requires:

1. On accidents and disasters:

- Promoting Community co-ordination to actions by Member States in response to accidents and natural disasters;

- Developing measures to help prevent the major accident hazards arising from pipelines and mining, and measures on mining waste.

2. A thematic strategy on soil protection.

3. Promoting the integration of landscape protection and restoration into other policies.

4. Encouraging further development of the positive elements of the relationship between agriculture and the environment in future reviews of the Common Agricultural Policy.

5. Promoting greater integration of environmental considerations in the Common Fisheries Policy, taking the opportunity of its review in 2002.

6. Developing strategies and measures on forests, incorporating the following elements:

- The development of national and regional forestry and sustainable forest management, under rural development plans, in line with work being undertaken in the Inter-Governmental Forum on Forests and the Pan-European Ministerial Conference on the protection of forests;

- The continuation of the existing Community measures on the protection of forests with increased emphasis on the monitoring of the multiple functions of forests;

- Encouraging credible forest certification schemes.

- The continuation of the active participation of the Community in the implementation of the resolutions of the ministerial conferences on the Protection of Forests in Europe and in the international discussion and negotiations on forest-related issues.

7. A thematic strategy for the protection of the marine environment.

8. Reinforcing controls on monitoring, labelling and traceability of GMOs.

9. Monitoring the implementation of the Community's bio-diversity strategy and action plans through a programme for gathering data and information.

Article 6

Priority areas for action on environment and health

The objectives set out in Article 2 on health and environment shall be pursued by means of the following priority actions:

1. Reinforcement of Community research and scientific expertise, and encouragement to the coordination of national research programmes, to support achievement of objectives on health and environment, and in particular the:

- Identification and recommendations on the priority areas for research and action;

- Definition and development of indicators of health and environment;

- Examination of the need to update current health standards and limit values, including where the effects on potentially vulnerable groups, such as children or the elderly, are taken into account;

- Review of trends and the provision of an early warning mechanism for new or emerging problems;

2. On chemicals:

- Developing a new single system for the testing, evaluation and risk management of new and existing substances;

- Developing a testing regime depending on properties, uses, exposure and volumes of chemicals produced or imported;

- Establishing new specific and accelerated risk management procedures to which substances that give rise to very high concern have to be submitted before they are employed in particular uses;

- Upgrading of information from industries on the properties of the chemicals they produce and use, to cover potential risks to the environment and health;

- Upgrading of the management of chemicals at Community level and in Member States.

3. On pesticides:

- A thematic strategy on the sustainable use of pesticides;

- Ratification of the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade;

- Amending Community Regulation (2455/92) [7] concerning the import and export of dangerous chemicals with the aim of bringing it into line with the Rotterdam Convention, improving its procedural mechanisms and improving information to developing countries;

[7] Council Regulation (EEC) No 2455/92 of 23 July 1992 concerning the export and import of certain dangerous chemicals, OJ L 251 , 29/08/1992 p. 13 - 22

- Improving the management of chemicals and pesticides in developing and candidate countries, including the elimination of stocks of obsolete pesticides.

4. On the sustainable use and high quality of water:

- .Phasing out of the discharge of hazardous substances to water;

- Revising the Bathing Water Directive [8];

[8] Council Directive 76/160/EEC of 8 December 1975 concerning the quality of bathing water, OJ L31, 05.02.76, p 1-7,: as amended by Council Directive 90/656/EEC of 4 December 1990, OJ L 353, 17.12.90 and Council Directive 91/692/EEC of 23 December 1991, OJ L 377, 31.12.91

- Ensuring the integration of the approach of the Water Framework Directive and water quality objectives into the Common Agricultural Policy and Regional Development Policy.

5. On air pollution:

- Improving the monitoring of air quality and the provision of information to the public, including by indicators;

- A thematic strategy on air pollution to cover priorities for further actions, the review and updating of air quality standards and national emission ceilings and the development of better systems for gathering information, modelling and forecasting;

- Considering indoor air quality and the impacts on health, with recommendations for future measures where appropriate.

Article 7

Priority areas for action on the sustainable use of natural resources and management of wastes

The objectives set out in Article 2 on waste and resource management shall be pursued by means of the following priority actions.

1. A thematic strategy on the sustainable use of resources, including:

- consideration of a best practice programme for business;

- identifying research needs;

- economic instruments;

- removal of subsidies that encourage the over-use of resources;

- integration of resource efficiency considerations into an Integrated Product Policy approach.

2. On waste prevention:

- Integrating waste prevention objectives and priorities into an Integrated Product Policy approach.

3. Revising the legislation on sludges [9].

[9] Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture, Official Journal L 181 , 04/07/1986 p. 6 - 12

4. Recommendations on construction and demolition waste.

5. Legislating on bio-degradable wastes.

6. A thematic strategy on waste recycling, including measures aimed at ensuring the collection and recycling of priority waste streams.

Article 8

Priority areas for action on international issues

The objectives set out in Article 2 on international issues shall be pursued by means of the following priority actions:

1. Integration of environment concerns and sustainable development into all the Community's external policies.

2. Establishing a coherent set of environment and development targets for adoption at the World Summit on Sustainable Development in 2002, and work towards strengthening international environmental governance.

3. Promoting sound environmental practices in foreign direct investment and export credits.

4. Intensify efforts at the international level to arrive at consensus on methods for the evaluation of risks to health and the environment, as well as approaches of risk management including where appropriate the precautionary principle.

5. Ensuring that sustainability impact assessments of trade agreements are carried out.

Article 9

Environment policy making based on participation and sound knowledge

The objectives set out in Article 2 on environment policy-making based on participation and sound knowledge shall be pursued by means of the following priority actions:

1. Mechanisms within which stakeholders, especially those directly affected by proposals and other initiatives, are widely and extensively consulted at all stages so as to facilitate the most effective choices and to ensure better a satisfactory result for the environment in regard to the measures to be proposed.

2. Continuing financial support to environmental NGOs to facilitate participation in the dialogue process.

3. Ensuring that environment remains a major priority for Community research programmes. Ensuring better co-ordination of research related to the environment conducted in Member States.

4. Ensuring regular information to the public on the environment and related issues by the production of annual headline environmental indicator reports and integration indicators, which show the value of environmental damage where possible.

5. Reviewing information and reporting systems with a view to the introduction of a more coherent and effective system to ensure reporting of high quality, comparable environmental data and information.

6. Reinforcing the development of geographical information systems and the use of space monitoring applications in support of policy-making and implementation.

Article 10

Monitoring and evaluation of results

1. The Commission shall evaluate the progress made in implementing the programme in the fourth year of operation. The Commission shall submit this mid-term report together with any proposal for amendment that it may consider appropriate to the European Parliament and the Council.

2. The Commission shall submit to the European Parliament and the Council a final assessment of the programme and the state and prospects for the environment in the course of the final year of the programme.

Article 11

This Decision shall be published in the Official Journal of the European Communities.

Done at Brussels, [...]

For the European Parliament For the Council

The President The President

[...] [...]