B4-0834, 0835, 0836, 0837, 0859 and 0860/96

Resolution on the review of EU environmental standards with a view to adjusting to the higher national standards of the three new Member States

The European Parliament,

- having regard to its resolution of 18 January 1994 on the environmental aspects of the enlargement of the Community to include Sweden, Austria, Finland and Norway ((OJ C 44, 14.2.1994, p. 49.)),

- having regard to the documents concerning the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union ((OJ C 241, 29.8.1994.)),

- having regard to its resolution of 15 March 1995 on the Commission's work programme and legislative programme for 1995 ((OJ C 225, 30.8.1995, p. 50.)) and the joint declaration by the European Parliament and the Commission on the legislative programme and other activities for 1995 ((OJ C 225, 30.8.1995, p. 1.)),

- having regard to the EU Fifth Environmental Action Programme,

A. whereas in some cases the countries which acceded to the Union on 1 January 1995 have environmental standards which in many areas provide greater environmental protection than is the case in the rest of the Community; whereas it was agreed in the context of the accession negotiations that the new Member States could retain their higher environmental standards for a transitional period of four years,

B. whereas the European Union undertook at the same time to review its existing legislation during the four-year transitional period in order to bring the European Union's environmental standards into line with those of the new Member States,

C. whereas the applicant countries were not able, at the time of the negotiations, to play a full part in revising the acquis communautaire or in the adoption of the new legislation,

D. whereas the Contracting Parties agreed on a procedure to review the existing Community legislation in question with the full participation of the new Member States,

E. whereas the Commission itself has repeatedly pointed out the need to raise the European Union's environmental standards to the higher level of those in the three new Member States; whereas the Environment Commissioner, Mrs Bjerregaard, promised in January 1995 to make this review one of her top priorities,

F. whereas Parliament and the Commission agreed in their joint declaration on the legislative programme and other activities for 1995 to update the priorities of the enlarged Union in the context of revising the fifth environmental programme, with the highest standards of the new Member States being taken into account in the review of current Community law and in the presentation of new legislation,

G. whereas in the Council on 9 March and 18 December 1995 the three new Member States called on the Commission to initiate the review procedure; whereas all the Member States have voiced their political desire for a review of the environmental provisions set out in the Act of Accession,

H. whereas after the expiry of the transitional period all the legal provisions of the European Union will also apply to the new Member States,

I. whereas the population of these Member States would never understand that their membership of the EU could lead to weaker protection of their environment, which could result, quite justifiably, in anti-European feeling,

J. whereas the objective sought is the uniform application of the environmental acquis communautaire in all the Member States,

K. whereas in some parts of the new Member States there are particularly sensitive environmental situations; whereas this is particularly true of the situation of the Alps and large parts of Sweden and Finland,

1. Reiterates its position that the wish of the new Member States to retain their high environmental standards even after accession is a legitimate one which should be given proper consideration by the Community institutions;

2. Calls on the Commission to give a detailed analysis of progress made in reviewing Community legislation in this area; calls on the Commission to present a binding timetable for the review process; requests the Commission to publish the first results of the review before 1 April 1997 and to discuss these results with the Environment Council and Parliament's Committee on the Environment, Public Health and Consumer Protection;

3. Expresses its concern at the fact that the review of the Community's legal provisions is evidently proceeding only slowly and that there are still no concrete results to be shown for the review process that was agreed upon;

4. Points out that the due process of decision-making on the amendment of legal provisions in the European Union takes a certain time; expects therefore that the Commission will rapidly carry out the necessary preparatory work to allow early presentation of the requisite proposals to the European Parliament and the Council;

5. Takes the view that the further development of the Community's legal provisions on environmental protection is a matter of common concern;

6. Points out in this connection that this process of reviewing the Community's existing legal provisions also represents an opportunity for the European Union to make significant progress in important areas of environment policy;

7. Believes that the final objective of the review process must be to raise the level of the environmental provisions in the European Union to the higher level of protection in the new Member States;

8. Hopes, therefore, that the Community will revise and adapt its environmental standards so as to achieve harmonization which will ensure better protection for the environment throughout the Union;

9. Notes that any failure to find progressive solutions to the current differences in environmental legislation would result in a negative reaction in public opinion, not only in the new Member States, and would also be detrimental to the reputation of the EU in the eyes of all its citizens;

10. Asks the Commission whether, if the Community provisions are not revised, the three new Member States will have to abandon their stricter standards at the end of the transition periods; asks the Commission, therefore, to consider the possibility of recourse to Article 100a(4) of the Treaty, which states inter alia that a Member State may apply stricter national measures when justified on grounds of protection of the environment;

11. Expresses the hope that the Intergovernmental Conference will propose revising the Treaty to extend the scope of the so-called environmental guarantee in Article 100a(4), allowing Member States not only to maintain stricter environmental standards but also to introduce new stricter environmental standards;

12. Instructs its President to forward this resolution to the Commission, the Council and the governments of the Member States.