23. 8. 89 Official Journal of the European Communities No C 217/7 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation (EEC) on the establishment of the European Environment 
Agency and the European Environment Monitoring and Information Network 
COM(89) 303 final 
(Submitted by the Commission on 23 June 1989) 
(89/C 217/11) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 130s 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the protection of the environment has become 
one of the basic concerns of the Community when 
conceiving and carrying out its policies; 
Whereas according to Article 130r of the Treaty, in 
preparing its action relating to the environment, the 
Community shall take account, inter alia, of the available 
scientific and technical data; 
Whereas in accordance with Council Decision 
85/338/EEC (') the Commission has undertaken a work 
programme concerning an experimental project for 
gathering, coordinating and ensuring the consistency of 
information on the state of the environment and natural 
resources in the Community; whereas it is now appro­
priate to take the necessary decisions regarding a 
permanent environmental monitoring and information 
system; 
Whereas systematic monitoring and harmonized 
collection, validation and processing of environmental 
data throughout the Community and, as far as possible, 
in cooperation with third countries and international 
organizations is necessary in order to provide full, 
objective scientific, technical and economic information 
(') OJ No L 176, 6. 7. 1985, p. 14. as a reliable basis for the action to be taken for the 
protection of the environment, for the assessment of the 
implementation and results of such action and for sound 
information to the public on the state of the envi­
ronment; 
Whereas there already exist in the Community regional 
or national, public or private facilities providing such 
information and services; 
Whereas, in order to coordinate their efforts for the 
benefit of the Community these facilities should be 
linked together in a network forming a European envi­
ronmental monitoring and information system in which a 
European Environment Agency on the Community level 
should be the coordinating element; 
Whereas the status and structure of such an Agency 
should correspond to the objective character of the 
results it is intended to produce and allow it to carry out 
its functions in close cooperation with the existing 
national and international facilities; 
Whereas the Agency should be given legal autonomy 
while maintaining a close institutional relationship with 
the Commission and respecting the overall political 
responsibilities of the Community and its institutions; 
Whereas all countries which share the Community's 
concern for the objectives of the Agency should be able 
to participate in its work as laid out in agreements 
between the Community and themselves, 
HAS ADOPTED THIS REGULATION: 
CHAPTER I: 
THE SYSTEM 
Article 1 
Objective 
This Regulation establishes the European Environment 
Agency and the European Environment Monitoring and 
Information Network (together referred to as the 
'System'). The objective of the System is to furnish the 
No C 217/8 Official Journal of the European Communities 23. 8. 89 
Community and the Member States with the technical 
and scientific support to allow them to achieve the goals 
of environmental protection and improvement which are 
established in the Treaty, in the Community's successive 
environmental action programmes and at international, 
national, regional and local levels. 
Article 2 
The tasks 
For the purposes of achieving the objective set out in 
Article 1, the tasks of the System shall be: 
(i) to provide the Community, the Member States and 
participating third countries with the objective infor­
mation requested for the formulation and 
implementation of sound and effective environ­
mental policies; 
(ii) in particular, to provide technical, scientific and 
economic information requested by the Commission 
in its tasks of identification, preparation and 
assessment of the implementation and results of 
environmental action and legislation; 
(iii) to stimulate the development and the application 
within the Agency of techniques of environmental 
modelling and forecasting in order that adequate 
preventive action can be taken at the appropriate 
time; 
(iv) to help ensure the harmonization and comparability 
of environmental data in the Community as well 
as the integration of European environmental data 
into international environmental monitoring 
programmes, such as those established within the 
framework of the United Nations and its system of 
agencies; 
(v) such other tasks as may be defined by the 
Management Board in agreement with the 
Commission. 
Article 3 
(Principal areas of work) 
1. The principal subject areas to be covered by the 
System shall include as far as possible all elements 
permitting the acquisition of information enabling the 
state of the environment to be described from the 
following points of view: 
(i) the quality of the environment; 
(ii) the sensitivity of the environment; 
(iii) the pressures on the environment. 2. The system shall furnish information which will be 
directly useable in the implementation of Community 
policy relating to the environment as well as in that of 
actions and programmes drawn up at international, 
national, regional and local levels. 
Priority will be given to the following areas of work: 
— air quality and atmospheric emissions, 
— water quality, pollutants and water resources, 
— the state of the soil and of vegetation, 
— land use and resource aspects. 
The system shall take account of economic questions, 
especially by linking environmental information to the 
official socio-economic statistics. 
CHAPTER II 
THE AGENCY 
Article 4 
Status and responsibilities 
1. The Agency shall have legal personality. It shall 
enjoy in all the Member States the most extensive legal 
capacity accorded to legal persons under their laws; it 
may, in particular, acquire or dispose of movable and 
immovable property and may be a party to legal 
proceedings. 
2. The Agency shall be responsible for fulfilling the 
tasks of the System as specified in Article 2. In particular 
it shall have the role of coordinating the Network and of 
ensuring the comparability and consistency of the infor­
mation supplied through the Network. It shall be 
entrusted with, and be responsible for continuing as 
appropriate, the work undertaken by the Commission 
pursuant to Decision 85/338/EEC. It shall assist the 
Commission in the tasks which this last has given it. 
3. The Agency shall ensure the wide diffusion of 
reliable environmental data. It shall publish periodic 
reports on the State of the Environment at a frequency 
to be determined by the Management Board. 
4. Environmental data supplied to, or emanating 
from, the Agency shall not be subject to restrictions as 
regards publication or dissemination to the public. 
5. The Commission's Representation Offices and the 
Agency will operate in reciprocal relay. They will 
contribute to the distribution of information furnished by 
the Agency through the medium of the new information 
relays in the Member States. 
23. 8. 89 Official Journal of the European Communities No C 217/9 
Article 5 
Executive-Director 
1. The Agency is headed by an Executive-Director 
appointed by the Management Board on the proposal of 
the Commission for a period of five years, which shall be 
renewable. The Executive-Director shall be the legal 
representative of the Agency. He shall be responsible 
— for the proper preparation and execution of the 
decisions and programmes adopted by the 
Management Board, 
— for the day-to-day administration of the Agency, 
— for the preparation of the statement of revenue and 
expenditure and execution of the budget of the 
Agency, 
— the preparation and publication of the reports 
specified in Article 4 (3), 
— for all staff matters, 
— for undertaking the tasks referred to in Article 6. 
He shall obtain the opinion of the Scientific Committee 
referred to in Article 7 for the purposes of recruitment of 
the Agency's scientific staff. 
2. The Executive-Director shall be accountable to the 
Management Board for his activities. 
3. The Executive-Director shall present an annual 
report on the activities of the Agency to the Commission, 
to the Council and the European Parliament. 
4. The Commission may, for important reasons, at 
any time propose that the Executive-Director be 
replaced. 
Article 6 
Management Board 
1. The Agency shall have a Management Board 
consisting of one representative of each Member State 
and two representatives of the Commission. Represen­
tatives of Member States shall be chosen so as to 
promote the closest and most efficient cooperation 
possible between the Agency and national environmental 
monitoring and information entities or networks. 
In addition, the European Parliament shall designate two 
scientific personalities particularly qualified in the field 
of environmental protection, who shall be chosen on the 
basis of the personal contribution they are likely to make 
to the Agency's work. 
Each member of the Management Board can be repre­
sented by an alternate representative. 
2. The term of office of representatives shall be four 
years, renewable once. 3. Third countries may be represented on the 
Management Board on the basis of the agreements 
which may be concluded between them and the 
Community in accordance with Article 16. 
4. The Management Board shall elect its chairman for 
a period of four years and adopt its rules of procedure. 
Each member of the Management Board shall have a 
vote. 
For their adoption, the decisions of the Management 
Board shall require a simple majority of members, except 
that the appointment or revocation of the 
Executive-Director shall require a two-thirds majority of 
the members. 
5. On the basis of a draft submitted by the 
Executive-Director and after consultation with the 
Scientific Committee provided for in Article 7 and 
approval by the Commission, the Management Board 
shall adopt the annual work programme of the Agency. 
The programme can be adapted in the course of the year 
by the same procedure. 
6. The Management Board shall, by 31 January each 
year, at the latest, adopt an annual general report on the 
activities and the financial situation of the Agency and 
shall submit it to the Commission, the European 
Parliament, the Member States and the participating 
third countries referred to in Article 16. 
7. The Management Board shall designate a Scientific 
Committee of six members to assist it in drawing up the 
annual work programme. 
Article 7 
Scientific Committee 
1. The Management Board and the 
Executive-Director shall be assisted by a Scientific 
Committee which shall deliver an opinion where 
provided for in this Regulation and on any scientific 
matter concerning the Agency's activity which the 
Management Board or the Executive-Director may 
submit to it. 
2. The Committee shall be made up of six members 
designated by the Management Board for a renewable 
term of four years. It shall function as determined by the 
rules of procedure provided for in Article 6 (4). 
Article 8 
Financial provisions 
1. The Management Board shall draw up an estimate 
of revenue and expenditure which shall be in balance for 
each financial year which shall be the same as the 
calendar year by 31 January each year. This estimate, 
which shall include an establishment plan separate to that 
of the Commission, shall be forwarded to the 
Commission, to the Member States and to participating 
third countries. 
No C 217/10 Official Journal of the European Communities 23. 8. 89 
2. The revenues of the Agency shall include the 
contribution of the Community and of participating third 
countries; payments for services rendered and any other 
income. 
3. The expenditure of the Agency shall include its 
staff, administrative, infrastructural and operational 
expenses. 
4. The Commission shall include an appropriate 
contribution to the Agency in the preliminary draft 
budget of the European Communities. The budget of the 
European Communities shall each year under a specific 
heading include a contribution to the Agency. 
5. The Management Board, after receiving the 
Commission advice shall adopt the statement of revenue 
and expenditure at the beginning of the financial year 
adjusting it to the several contributions granted to the 
agency and to its other resources. 
6. The Management Board shall adopt the financial 
regulations of the Agency in agreement with the 
Commission. 
7. Within two months after the end of each financial 
year the Executive-Director of the Agency shall submit 
the annual accounts of the preceding year and the 
annual balance sheet to the Commission and to the 
Court of Auditors of the European Communities. The 
Executive-Director of the Agency shall present the 
annual accounts and the annual balance sheet together 
with the reports of the Court of Auditors and of the 
Commission to the Management Board for approval. 
The Executive-Director of the Agency is entitled and, if 
requested by the Management Board, obliged to 
comment on the reports. 
8. The Management Board shall give a discharge to 
the Executive-Director in respect of the implementation 
of the estimate of revenue and expenditure for each 
financial year. It shall submit it to the Commission. 
Article 9 
Cooperation with other bodies 
1. The Agency shall actively seek the cooperation of 
other Community bodies and programmes, and notably 
the Joint Research Centre, the Statistical Office and the 
Community's Environmental Research Programme, in 
the operation and further development of the System. 
In particular: 
— cooperation with the Joint Research Centre shall 
include the tasks set out in the Annex under A, 
— coordination with the Statistical Office of the 
European Communities (Eurostat) and the Statistical 
Programme of the European Communities will 
follow the guidelines outlined in the Annex under B. 2. The Agency shall also cooperate actively with other 
bodies such as the European Space Agency, OECD, the 
Council of Europe and the International Energy Agency 
as well as the United Nations and its system of agencies, 
particularly the United Nations Environment Programme 
(UNEP) and International Atomic Energy Authority. 
CHAPTER III 
THE NETWORK 
Article 10 
Component elements 
1. Member States shall, within three months of being 
notified of the establishment of the Agency, indicate to 
the Agency the main component elements of their 
national environmental monitoring networks, including 
any relevant institutions, which in their judgement could 
or should be part of the system, taking into account the 
need to ensure the most complete geographical coverage 
possible of their territory. 
2. They should in particular identify, from among the 
above, institutions or other entities ('operational centres') 
in their territory which could be specifically entrusted 
with the task of cooperating with the Agency in respect 
of specific geographical or sectoral areas of interest.' 
Such areas of interest may extend across national 
boundaries. 
3. The Agency shall, within six months of receiving 
the information referred to in paragraphs 1 and 2, 
confirm on the basis of a decision by the Management 
Board the principal elements of the Network, including 
the main operational centres for priority areas of interest. 
The Agency maintains an updated list of the Network 
elements as they evolve. 
Article 11 
Working arrangements 
1. The Agency shall make the necessary arrangements 
with entities referred to in Article 10 for the execution of 
specified tasks. 
2. These entities may — in consultation with the 
Agency — make arrangements with other institutions or 
bodies, whether public or private, where they believe it 
necessary for the efficient execution of their tasks. The 
Agency should be notified of such arrangements. 
23. 8. 89 Official Journal of the European Communities No C 2\7/\\ 
CHAPTER IV 
FINAL PROVISIONS 
Article 12 
Privileges and immunities 
The Protocol on the privileges and immunities of the 
European Communities shall apply to the Agency. 
Article 13 
Staff 
Apart from the civil servants and other personnel 
seconded by a Community institution, the Agency will be 
able to dispose of its own staff subject to a special regime 
set out by Council Regulation adopted by a qualified 
majority from a Commission proposal. 
In respect of this personnel, the Agency exercises the 
powers devolved to the authority having the power of 
nomination. 
The Management Board will, in agreement with the 
Commission, pass the appropriate rules. 
Article 14 
Professional secrecy 
Members of the Management Board, the Executive-
Director, the staff and all other persons engaged in the 
activities of the Agency shall be required, even after their 
duties have ceased, not to disclose information of the 
kind covered by the obligation of professional secrecy. 
Article 15 
Liability 
1. The contractual liability of the Agency shall be 
governed by the law applicable to the contract in 
question. The Court of Justice of the European 
Communities shall have jurisdiction to give judgment 
pursuant to any arbitration clause contained in a contract 
concluded by the Agency. 2. In the case of non-contractual liability, the Agency 
shall, in accordance with the general principles common 
to laws of the Member States, make good any damage 
caused by the Agency or its servants in the performance 
of their duties. 
The Court of Justice shall have jurisdiction in disputes 
relating to compensation for any such damage. 
3. The personal liability of servants towards the 
Agency shall be governed by the relevant provisions 
applying to the staff of the Agency. 
Article 16 
Participation of third countries 
1. Countries which are not Members of the European 
Community but which share with the Community and 
Member States a common interest in the objectives of 
the System shall be able to participate fully in the Agency 
and the Network as laid down in conventions between 
the Community and themselves following the procedure 
laid down in Article 228 of the Treaty. 
2. The conventions shall in particular specify the 
nature and extent of the full participation by the 
countries in any decision to enlarge or otherwise signifi­
cantly amend the system. They shall also include 
provisions on financial contributions and staff. 
Article 17 
Entry into force 
This Regulation shall enter into force on the third day 
following its publication in the Official Journal of the 
European Communities. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
ANNEX 
A. Cooperation with the Joint Research Centre 
— harmonization of environmental measurement methods ('), 
— intercalibration of instruments ('), 
— standardization of data formats, 
— development of new environmental measurement methods and new instruments, 
— other tasks as agreed between the Executive-Director of the Agency and the Director General of the 
Joint Research Centre. 
(') Cooperation in these areas shall also take account of the work carried out by the Community Bureau of Reference. 
No C 217/12 Official Journal of the European Communities 23. 8. 89 
B. Cooperation with Eurostat 
1. The System will as far as possible make use of the statistical information system established by 
Eurostat and the National Statistical Services in the Member States. 
2. The Statistical Programme in the field of environment will be agreed between the Executive-Director 
of the Agency and the Director General of Eurostat and will be presented for approval to the 
Management Board of the Agency and the Statistical Programme Committee. 
3. The Statistical Programme is conceived and implemented within the framework established by the 
statistical international bodies, such as the UN Statistical Commission, the Conference of European 
Statisticians and OECD.