•ir -ir COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 24.03.1998 
COM(1998) 191 final 
97/0168 (SYN) 
Amended proposal for a 
COUNCIL REGULATION (EC) 
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 189 a (2) 
of the EC-Treaty) 

EXPLANATORY MEMORANDUM 
In accordance with Article 130s, paragraph 1, of the EC Treaty, the Council consulted 
the European Parliament on the above mentioned proposal. At its session on 18th 
February 1998, the European Parliament approved nine amendments, of which six 
were wholly or partially accepted by the Commission. These amendments are 
discussed below and six are included in the modified proposal. 
Amendments wholly accepted by the Commission 
Amendment 3 redefines the scope of the State of the Environment Report so that it 
covers trends and prospects for the future. This is in keeping with the current practice 
and was also proposed in the opinion from the Economic and Social Committee. 
Amendment 6 makes sensible provision for a multi-annual budget linked to the Multi-
annual Work Programme. 
Amendments partially accepted by the Commission 
The elements of Amendment 1 incorporated into the modified proposal consist of 
three points of detail. These: 
• revert the text to that of the original Regulation on the scope of the information 
provided for the framing and implementation of policy (this was also proposed in 
the opinion from the Economic and Social Committee); 
• reinforce the need for the work covered by Article 2(ii) to be built into the 
Agency's Multi-annual Work Programme; 
• clarify that other EU Institutions, as well as the Commission, may request support 
on the monitoring of environmental measures. 
The reference to co-operation between the Agency and Commission is not necessary 
as this is already covered by the objectives in Article 1 of the original Regulation. For 
the Agency to undertake peer reviews on its own initiative could be seen as an 
enforcement or inspectorate role which is not consistent with the aims of the Agency 
and it is therefore not accepted. 
Amendment 2 introduces a data register as a component part of the Agency's 
repository of information and this is included in the new proposal. However, the 
suggestion that the register contain information on Community and national 
legislation would effectively alter reporting systems established by other legislation 
and is therefore not acceptable from a legal point of view. The reference to a 
continuously updated directory is an unnecessary detail and is therefore rejected. 
In amendment 4 the useful suggestions on the need for information to be available in 
all official languages (and this was also proposed in the opinion from the Economic 
and Social Committee) are accepted. The Parliament's amendment to enlarge the 
scope of the dissemination activity is accepted with one caveat, as proposed by the 
Commission to Parliament, that a clause be added that states that this dissemination 
should concentrate on the state of the environment. The reference to freedom of access 
is considered unnecessary and is rejected as this is already covered in Article six of 
the original Regulation. 
Amendment 9 makes reference to the next review of tasks being undertaken within the 
perspective of the EU's global environment policy and the Commission accepts this. 
However, the reference in the Parliament's text to evaluating the cost-effectiveness of 
centralised and decentralised [Community environmental] actions is rejected 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. 
Amendment 9 makes provision for the performance and efficiency review report to be 
made available to the Parliament and this is accepted. 
Amendments not accepted by the Commission 
Amendment 5 addresses an Article (3.2) of the original Regulation that is not 
addressed by the Commission's proposal and, from a legal standpoint, the Parliament 
may not propose to amend this article. 
Amendments 7 and 8 make superfluous references to the Agency tasks and objectives 
which are already covered by the terms of Articles 1 and 2 of the original Regulation. 
Amendments from the Economic and Social Committee 
Following its opinion of 11th December, the Commission has considered the points 
made by the Economic and Social Committee. The following amendments are 
incorporated into this new modified proposal: 
• A reference should be made to strategic environmental assessment in the proposed 
new point (xii) of Article 2; 
• Article 8 should include a reference to the need to consult the various socio­
economic actors on the multi-annual work-programme (paragraph 4), for ways to 
be found to ensure that such consultation takes place on a regular basis. 
These modifications are shown in italics. 
Modified Proposal 
In accordance with Article 189a, paragraph 2, of the EC Treaty, the Commission 
modifies as follows the text of its proposal concerning the European Environment 
Agency in order to include the accepted amendments. 
Amended proposal for a 
COUNCIL REGULATION (EC) 
amending Regulation EEC No 1210/90 of 7 May 1990 on the establishment of the 
European Emironment Agency and the European environment information and 
observation network 
Original Proposal 
HAS ADOPTED THIS REGULATION Amended proposal 
HAS ADOPTED THIS REGULATION 
Article J Article 1 
Regulation 1210/90/EEC is hereby amended Regulation 1210/90/EEC is hereby amended 
as follows: as follows: 
1. Article 2 is modified as follows: 1. Article 2 is modified as follows: 
a. Paragraph (ii) is replaced by the following: a. Paragraph (ii) is replaced by the following: 
"(ii) to provide the Community and 
the Member States with the objective 
information they require for framing 
and implementing sound and 
effective environmental policies; to 
that end, m particular to provide the 
Commission with the information 
that it needs to be able to carry- out 
successfully its tasks of identifying, 
preparing and evaluating measures 
and legislation in the field of the 
environment. The Agency shall assist 
the monitoring of environmental 
measures through appropriate 
support for reporting requirements, 
and through peer reviews and advice, 
as required by the Commission or on 
the specific request of a Member 
State; "(ii) to provide the Community and 
the Member States with the objective 
information necessary for framing 
and implementing sound and 
effective environmental policies; to 
that end, in particular to provide the 
Commission with the information 
that it needs to be able to carry out 
successfully its tasks of identifying, 
preparing and evaluating measures 
and legislation in the field of the 
environment. In accordance with its 
current multi-annual work 
programme, the Agency shall assist 
the monitoring of environmental 
measures through appropriate 
support for reporting requirements, 
and through peer reviews and advice, 
as required by the Commission, other 
EU Institutions or on the specific 
request of a Member State; 
Original Proposal Amended proposal 
b. In Paragraph (iii) the phrase "to establish a 
repository of information on the 
environment," shall be inserted at the 
beginning. b. In Paragraph (iii) is replaced by the 
following: 
"(iii) to establish a repository of information 
on the environment, to record, collate and 
assess data on the state of the environment, to 
draw-up expert reports on the quality, 
sensitivity and pressures on the environment 
within the territory of the Community, to 
provide uniform assessment criteria for 
environmental data to be applied in all 
Member States. The repository shall include 
a data register. The Commission shall use 
this information in its task of ensuring the 
implementation of Community legislation on 
the environment;" 
c. Paragraph (vi) is replaced by the 
following: 
"(vi) to publish a report on the state of the 
environment every five years, supplemented 
by annual indicator reports;" 
d. New paragraphs (xi) to (xiii) are inserted 
as follows: c. Paragraph (vi) is replaced by the 
following: 
"(vi) to publish a report on the state of, trends 
in and prospects for the environment every 
five years, supplemented by annual indicator 
reports;" 
d. New paragraphs (xi) to (xiii) are inserted 
as follows: 
"(xi) to ensure the broad 
dissemination of information 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; 
(xii) to support the Commission in 
the process of exchange of 
information and development of 
Environmental Impact Assessments; "(xi) to ensure the broad 
dissemination of reliable 
environmental information 
(particularly on the state of the 
environment) to the general public m 
the official languages of the 
European Union wherever possible, 
and, to this end, to promote the use 
of new telematics technology for this 
purpose; 
(xii) to support the Commission in 
the process of exchange of 
information and development of 
Environmental Impact Assessments 
and Strategic Environmental 
Assessments; 
(xiii) to assist the Commission in the 
diffusion of information on environmental 
research which has a policy relevance." (xiii) to assist the Commission in the 
diffusion of information on environmental 
research which has a policy relevance." 
Original Proposal 
3. Article 8 shall be modified as follows: 
a. The following is added to the end of the 
first sub-paragraph of paragraph 1;; 
" 1., and one representative of each 
EFTA/European Economic Area 
State which participates in the 
Agency as provided for in the 
European Economic Area 
agreement." Amended proposal 
3. Article 3 shall be modified as follows: 
a. The following is added to the end of the 
first sub-paragraph of paragraph 1;; 
"1., and one representative of each 
EFTA/European Economic Area 
State which participates in the 
Agency as provided for in the 
European Economic Area 
agreement." 
b. The following is added to the end of 
paragraph 2: 
"The management board shall elect a 
bureau to which it may delegate 
executive decisions. The executive 
bureau shall consist of the Chairman 
and vice chairmen, a representative 
of the Commission and one of the 
members designated by the 
European Parliament." 
c. In paragraph 3, the phrase, "except in the 
case referred to in the second sub-paragraph 
of Article 4 (5)" shall be deleted. 
d. In paragraph 4, the last sentence shall be 
deleted. b. The following is added to the end of 
paragraph 2: 
"The management board shall elect a 
bureau to which it may delegate 
executive decisions. The executive 
bureau shall consist of the Chairman 
and vice chairmen, a representative 
of the Commission and one of the 
members designated by the 
European Parliament." 
c. In paragraph 3, the phrase, "except in the 
case referred to in the second sub-paragraph 
of Article 4 (5)" shall be deleted. 
d. Paragraph 4 shall be replaced by the 
following: 
"The management board shall adopt 
a multi-annual work programme 
based on the priority areas referred to 
in Article 3(2), using as its basis a 
draft submitted by the Executive 
Director, referred to in Article 9, 
after consulting the scientific 
committee, referred to in Article 10, 
and receiving the Commission's 
opinion. The management board 
shall also consult economic and 
social actors. The multi-annual work 
programme shall - without prejudice 
to the annual EU budgetary 
procedure - include a draft multi-
annual budget proposal." 
Original Proposal Amended proposal 
e. In paragraph 6, the word 'January' shall be e. In paragraph 6, the word 'January' shaft be 
replaced by 'March'. replaced by'March'. 
6. Article 20 shall be replaced by the 
following: 
"1. Not later than 31/12/2003, on the 
basis of a report from the 
Commission, the Council shall 
review the progress of and tasks 
undertaken by the Agency. 
2. The Agency shall conduct an 
evaluation of its performance and 
efficiency before October 31st 1999 
and submit a report to the 
management board and 
Commission." 6. Article 20 shall be replaced by the 
following: 
" I. Not later than 31/! 2/2003, on the 
basis cf a report from the 
Commission, the Council shall 
review the progress of and tasks 
undertaken by the Agency in relation 
to the Union's global policy on the 
environment. 
2. The Agency shall conduct art 
evaluation of its performance and 
efficiency before 15th September 
1999 and submit a report to the 
management board, the Commission 
and the European Parliament." 

ISSN 0254-1475 
COM(98) 191 final 
EN 14 16 15 01 
Catalogue number : CB-CO-98-198-EN-C 
ISBN 92-78-32555-4 
Office for Officia! Publications of the European Communities 
L-2985 Luxembourg 
?