COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251 (2) of the EC Treaty concerning the common position of the Council on the adoption of a Recommendation of the European Parliament and of the Council concerning the implementation of integrated coastal zone management in Europe

2000/0227 (COD)

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251 (2) of the EC Treaty concerning the common position of the Council on the adoption of a Recommendation of the European Parliament and of the Council concerning the implementation of integrated coastal zone management in Europe

1. BACKGROUND

Date of transmission of the proposal to the EP and the Council (document COM(2000)545 final - 2000/0227COD): // 8 September 2000

Date of the opinion of the Committee of the Regions : // 14 February 2001

Date of the opinion of the Economic and Social Committee: // 28 March 2001

Date of the opinion of the European Parliament, first reading: // 5 July 2001

Date of transmission of the amended proposal to the EP and the Council (document COM(2001)533 final - 2000/0227COD): // 25 September 2001

Date of adoption of the common position: // 13 Dezember 2001

2. OBJECTIVE OF THE COMMISSION PROPOSAL

The purpose of the proposal is to encourage Member States to undertake a national inventory of the situation of coastal zones taking into account a variety of factors such as legislation, institutions and actors involved in the planning and management of coastal zones. Member States will have, on the basis of this inventory, to develop a national strategy (or strategies) to promote Integrated Coastal Zone Management (ICZM).

This proposal was made in light of the findings of the Commission's Demonstration Programme on Integrated Coastal Zone Management and its resultant European Strategy for ICZM, presented in COM(2000)547. These indicated that the condition of the coastal zones of Europe is deteriorating and that this trend can only be halted or reversed through concerted action involving all levels of administration from local to European. The Recommendation calls on Member States to undertake the actions necessary at their level, in collaboration with the regional and local administrations.

3. COMMENTS ON THE COMMON POSITION

3.1 General Comments

The Council accepts in its Common Position most of the proposals made by the Commission in its modified proposal. It agrees with the Commission that there is no need for a future legal framework for integrated coastal management and that the Recommendation should avoid any binding language on Member States. The aim of the Recommendation is to encourage Member States to develop their national strategies on coastal zones, taking into account the principle of subsidiarity and promoting an integrated approach to their management.

3.2 Parliament's amendments accepted in full or part by the Commission and incorporated in the Common Position

The Council accepted in full the following Amendments approved by the European Parliament that had been also incorporated in full in the Commission's modified proposal: 1, 13, 22, 23 and 40.

Concerning the Parliament's Amendments which had been accepted in full, in part or in principle by the Commission, the Council's Common Position incorporates numbers: 2, 3, 4, 5, 6, 7, 8, 10, 11, 17, 19, 20, 21, 25, 26, 27, 28, 29, 31, 33, 34, 36, 37, 38, 43 and 46.

Among these the Commission had accepted in full Amendments: 3, 4, 5, 6, 7, 8, 10, 19, 21, 26, 27, 28, 31, 37, 38 and 46 as did the Council in their substance but with a different wording or placement in the text for amendments 4, 7, 8, 10, 19, 25, 26, 27 and 28. It decided to merge Amendments 4 and 7, incorporate with a different wording or placement in the text Amendments 8, 10, 19, 25, and merge Amendments 27 and 28. The Commission considered that these changes were acceptable.

Regarding Amendments 3, 5, 6, 21, 31, 37, 38 and 46, the Council accepted them in part in the following way: Amendment 3 (agreed in substance), Amendment 5 (agreed in substance and reworded), Amendment 6 ( a new recital added on growth), Amendment 21 (on Principles, it has been merged with 20), Amendment 31 (added in substance in Chapter III), Amendment 37 (on public participation, the principle has been added in Chapter IV), Amendment 38 (on partnership, integrated in part, with amendment 29 in Chapter II) and Amendment 46 (added in Chapter III together with 31). The Commission considered that these changes were acceptable.

The Council accepted also Amendment 25 with a new wording in line with the Commission's proposal of underlying the concept of "management" instead of the concept of "planning".

Concerning the rest of Parliament's amendments the Commission incorporated in full, in principle or in part the following: 2, 11, 14, 15, 17, 20, 24, 29, 32, 33, 34, 36, 39, 42 and 43. The Council accepted the above amendments only in part. Finally the Commission agrees with the changes proposed by the Council for amendments 2, 11, 17, 20, 25, 29, 33, 34, and 36.

More specifically, Amendment 2, on the characteristics and problems of coastal zones, the Council decided to omit the list of Community Acts. Amendment 11, adding qualifications to the type of action needed is introduced without the word "first" which is considered unclear. Amendment 17 on Strategic approach, is reworded avoiding binding language, not appropriate in a Recommendation. Amendment 20 on Principles which has been merged with 21, although reworded to avoid binding language. Amendment 29 on partnership has been incorporated in part together with Amendments 26 and 38. Amendments 33 and 34 have been reworded to avoid binding language and incorporated in substance in Chapter IV. Amendment 36 on information to the public has been agreed and reworded with regard to the role of the European Environment Agency and the applicable charges for providing data to the public, in accordance with relevant Community legislation ( public access to environmental information).

3.3 Parliament's amendments not accepted by the Commission and not included in the Common Position

The Council did not accept amendments 12, 16 and 18, following the opinion expressed by the Commission in first reading.

3.4 Differences between the Commission's proposal and the Common Position of the Council

Amendments 14, 15, 24, 32, 39 and 42, accepted by the Commission in principle or in part, were not accepted by the Council. The reasons expressed by the Council were that some of them had been incorporated through a broader language (Amendment 14, with a reference to inter-regional organisation in Chapter III; ) or that they were no longer necessary because the main issues had been already incorporated (Amendment 15 dealing with increasing pressure on coastal zones is considered in recitals 3 to 7 ; Amendment 24 on coastal erosion and flooding where the substance is covered in Chapter I; and Amendment 39 on the need to enforce existing conventions with neighbouring countries, with a reference to the use of existing conventions in Chapter V) or because the mandatory language is not considered appropriate for a Recommendation (Amendment 32 on national strategies, but taking into account that the Council has added a full reference to the need of partnership in Chapter II) or because of the role of the Commission as guardian of the Treaty (Amendment 42, on evaluation by the Member States of compliance with Community law).

The Commission accepted these changes as they do not change in substance its proposal and considered that in some cases they even improved its modified proposal.

Amendment 35 applies for mechanisms to ensure full and coordinated implementation and application of existing and future EU legislation, including the reformed Common Fisheries Policy. The Commission did not accept this Amendment as it does not consider it appropriate to mention any particular common policy which goes against the multidisciplinarity principle of an integrated territorial approach. The Council incorporated this amendment in Chapter IV with a broader language covering all Community policies which is acceptable to the Commission.

Amendment 43 on the Commission review, is incorporated in part, while timing is modified and the language is made broader, given that the commitment to a Community legal framework on integrated coastal management is considered inappropriate for a Recommendation. The Council considers that the Commission should report on the experience obtained by Member States after five years. The Commission instead considered four years more appropriate.

The Commission considers that the Council has, to a great extent, clarified and improved the text and, although it considers more appropriate a four year period for reporting, is able to accept the Council's position on such a point.

4. CONCLUSION

The Commission is therefore able to accept the Common Position, which was agreed unanimously by the Council.