Opinion of the Economic and Social Committee on the 'Proposal for a European Parliament and Council Decision on the review of the European Community Programme of policy and action in relation to the environment and sustainable development "Towards sustainability"`

(96/C 212/01)

On 28 March 1996, the EU Council, acting in accordance with Article 130s of the EC Treaty, asked the Economic and Social Committee for an Opinion on the above-mentioned proposal.

The Section for Protection of the Environment, Public Health and Consumer Affairs, which was instructed to prepare the Committee's work on the matter, adopted its Opinion on 7 May 1996. The Rapporteur was Mr Boisserée.

The Committee adopted the following Opinion at its 336th Plenary Session (meeting of 29 May 1996) by 108 votes to two, with four abstentions.

1. Basis for the Committee's Opinion

1.1. On 28 March 1996 the EU Council asked the Economic and Social Committee for an Opinion on the above-mentioned Directive. The proposal is to be adopted under the co-decision procedure between the Council and the European Parliament (Article 189b of the EC Treaty).

1.2. On 1 February 1993, the Council of Ministers gave general approval to the Fifth Environmental Action Programme - the European Community Programme of policy and action in relation to the environment and sustainable development. The programme is to run until the year 2000 but provision has been made for a 'half-time` review. A number of position papers have been issued in connection with this review, in particular a report by the Commission, dated 10 January 1996 (COM(95)/624) and a report by the European Environment Agency submitted in November 1995 (Report for the review of the Fifth Environmental Action Programme).

1.3. The Committee adopted its Opinion on the Fifth Environmental Action Programme (the proposal made by the Commission) on 1 July 1992 (). The Committee issued an Opinion on the review of the Action Programme on 25 October 1995 (ENV/403).

2. Programme of action to achieve sustainable development

2.1. The proposal contains an Action Plan which draws conclusions from the reviews carried out by the various bodies. The intention is to provide guidelines for the EU's work in the environmental field during the time frame of the Fifth Environmental Action Programme and beyond and at the same time to set markers in respect of the preparation of the Sixth Environmental Action Programme.

The proposal is designed to lend greater legitimacy to environmental policy. The benchmark for the Action Plan is what it will be possible to achieve in the field of environmental policy within the next few years (in particular within the period of office of the current Commission).

2.2. The Commission intends to concentrate its efforts on the following five strategic objectives:

- policies (in particular agriculture, transport, industry and tourism) to be more responsive to environmental concerns;

- the extension of environmental policy instruments (environmental liability, taxes and levies, agreements between enterprises and authorities);

- more effective transposition and implementation of European environmental law through the introduction of improved and simplified provisions and also by giving the public and organizations access to the courts;

- creating a greater public awareness of environmental issues and of the need for changes in both personal behaviour and the behaviour of society;

- placing greater emphasis on environmental protection in the international activities of the European Union (EU to give a lead worldwide).

In the Commission's view it is also important to improve the scientific basis for environmental protection, to promote industrial innovation and partnership and to place greater emphasis on activities at local and regional level.

3. General comments

3.1. The Commission's Action Plan, on which the draft decision under review is based, represents a comprehensive set of EU level measures. From this point of view, the ESC endorses the Commission's proposal. The Committee likewise endorses the selection of priority measures. Despite the ESC's basically positive attitude to the draft decision, it does however wish to make the additional points and criticisms set out below.

3.2. The co-decision procedure which the Commission has invoked in this case (and which was already proposed by the European Parliament in respect of the Fifth Community Action Programme on the Environment of 1992) may make the draft decision more binding and is therefore welcomed by the ESC. It is, however, doubtful whether measures contained in the Commission's action plan are sufficiently concrete to be dealt with under the co-decision procedure.

The co-decision procedure is suitable for legally binding instruments; the legal form for which the Commission has opted does therefore impose requirements as regards the proposal's contents.

3.3. The Commission points out that the proposed action plan is designed to avoid prejudicing the Sixth Community Action Programme on the Environment since the fifth programme is to run until the year 2000. The ESC takes the view that proposals and issues emerging from the intermediate review of the Fifth Community Action Programme should be addressed within the framework of the draft Decision under review. We are thus dealing here not with a new programme but rather with corrigenda or supplements to the 1992 programme.

3.4. One of the main concerns to the ESC is that the proposed action plan should be made more specific. Specific timetables and objectives should be set out in respect of the proposed action. The 1992/1993 Fifth Community Action Programme on the Environment sets out specific benchmarks and timetables but the ESC Opinion on this programme () nonetheless called for further specific provisions. This criticism is even more applicable in the case of the draft decision under review which is admittedly called an 'action plan` in contrast to the 1992 programme of action but nonetheless fails either to define (or to suggest) what should be the impact of the proposed individual measures or to set out a timetable. The ESC takes the view that it is essential to make the proposal more specific in order to assure all the parties involved about where they stand when drawing up their plans and in view of the political dimension involved.

Comments made in the ESC's Opinion on the Fifth Community Action Programme on the Environment of 1992 and in its Opinion of 24/25 October 1995 () also apply in respect of the draft Decision under review.

3.5. The Commission proposal does not pay adequate attention to the social dimension of environmental policy. The ESC commented on this issue in its Opinion on the Commission's communication entitled 'Economic growth and the environment: consequences for economic policy` (COM(94) 465) (). The proposals contained in this Opinion for easing the burden of labour costs when environmental taxes are introduced ('double dividend` for environmental policy and employment policy) are extremely relevant to the current situation in Europe (marked by a sharp increase in unemployment); these proposals should provide the background for the new economic instruments of environmental policy.

These views are also contained in Chapter 10 of the Commission's June 1993 White Paper on growth, competitiveness and employment. The ESC has proposed that they be incorporated in the extension of the Fifth Action Programme on the Environment.

The social dimension is particularly important in world-wide environmental policy. In the document under consideration the Commission refers to the UN's 'Agenda 21` and the projected intermediate review to be made at a special session of the UN General Assembly scheduled for 1997; the Commission is also prepared to support the work of the responsible UN commission. The Commission is, however, tight-lipped as to the content and objectives of this measure.

3.6. The Action Plan skates over the link with the 'citizens' Europe` advocated in the Treaty of Maastricht. The Action Plan treats citizens merely as the target group for campaigns to publicize issues relating to sustainable development and as potential guinea pigs for changes in behaviour patterns. This is certainly a relevant aspect but it is not the sum total of the role of EU citizens in the attainment of sustainable development. There is no reference to enhancing the participation of citizens and their organizations in the transposition and implementation of the Action Plan. This field also covers proposals to make enjoyment of a healthy environment a civil right. This measure would provide an appropriate foundation for the Commission's proposal that access to justice be improved.

4. Integration of the environment into other policies (Article 2 of the draft Decision)

4.1. Article 2(1)

As far back as the early 1980s the Commission called for environmental policy considerations to be incorporated into the agricultural sector (the first concrete demand to this effect was made in the 1987 Fourth Action Programme on the Environment) (). Little progress has yet been made in this respect and consequently the approach needs to be further developed. The ESC thus calls for appropriate policies, plans and projects to be implemented which carry forward this approach in a consistent manner.

Consideration should be given to incorporating agricultural measures and programmes into an environmental impact assessment to be introduced in respect of policies, plans and projects.

The question of integrating environmental considerations into other policies must be solved before membership applications from countries in central and eastern Europe are considered, as these states would considerably boost the EU's agricultural potential.

The ESC would also point out that in its view the best way to encourage environmentally-friendly management practices is to design specifically targeted incentives. Such schemes give farmers the flexibility to choose the most appropriate and cost effective practices for the individual circumstances on their farm. The proposals put forward by the Commission fail to take adequate account of the fact that sustainable agriculture and forestry play a central, key role in bringing about sustainable development (production of renewable sources of energy and raw materials, acting as a counter-balance to urban areas, etc.). No mention is made either of the fact that there can be no question of pursuing sustainable agriculture unless the mot effective means possible are taken to prevent environmental damage brought about by external factors.

4.2. Article 2(2)

The ESC endorses the proposals on environmental policy priorities in the transport sector. The ESC does however consider it necessary to introduce more specific provisions, particularly with regard to timescales. In order to permit an appraisal of this section of the action plan, the Commission should indicate how it intends to promote environmentally friendly modes of transport (e.g. by promoting public transport).

It is particularly important to make more specific proposals for tightening emission values and standards in respect of fuel.

4.3. Article 2(3)

The ESC expressed the views set out below on the subject of the incorporation of environmental policy objectives into energy policy in its Own-initiative Opinion of 14 September 1994 on Community energy policy (see point 6.3.6.4):

'Environmental policy and energy policy must complement each other and be coordinated. In this connection, energy measures which contribute to the attainment of environmental policy objectives should be promoted, in particular energy efficiency and use of renewables, and measures which unduly harm the environment should be avoided. Similarly, environmental policy will have to be framed in such a way that a study is made of the impact of all measures on the common energy objectives and, if necessary, of alternative means of achieving the same objectives.` ()

The ESC would refer expressly to the abovementioned Opinion at this juncture. With a view to incorporating environmental policy objectives into energy policy, the Commission refers to the development of a 'Community framework for voluntary agreements`. As a 'new instrument of environmental policy` voluntary agreements should be encouraged. As the ESC urged in its Opinion of 31 December 1990 on the environment and the internal market (), voluntary agreements must obviously have a clear cut legal framework in order to prevent environmental protection objectives from being circumvented. Steps must be taken to monitor observance of the processes and decisions laid down in the agreement and to ensure that such agreements are consistent with EU and national competition laws. The life-span of the agreements is a particular matter of concern; it is particularly necessary to prevent the emergence of a legal vacuum in environment protection following the termination of such agreements.

4.4. Article 2(4)

With regard to the integration of environmental considerations into industrial policy, the ESC draws attention to the pollution and emission register, which was provided for in one of the earlier programmes on the environment and is now to be applied, under the Directive on integrated pollution control, to only some of the plants producing emissions.

As regards the proposed promotion of 'approaches to facilitate the development of eco-businesses` [Article 2(4)(e)] more specific provisions need to be set out before an assessment can be made of this proposal.

In its interim evaluation of the Fifth Community Action Programme on the Environment (Opinion of 24/25 October 1995) () the ESC highlighted the inter-relationship between environmental policy in the industrial sector, on the one hand, and the role of the social partners, on the other hand. The observations made in this regard apply equally to the action plan under consideration. This holds good not only in respect of the 'working environment` but also as regards the participation of workers and their organizations in environmental policy decision-making through the appointment of plant-level environmental protection representatives in enterprises of a given size ().

The same considerations also apply in the case of the existing bodies in each enterprise with which management should cooperate closely, providing them with all the information they need to carry out their tasks.

Integrated environmental protection can only be achieved if the management makes provision for the involvement of the workforce. In connection with the action programme greater emphasis should be placed on promoting measures for training the workers concerned to enable them to carry out this role.

4.5. Article 2(5)

The proposed reports and awareness campaigns will not provide a solution to the dichotomy - which is of critical importance - between environmental policy and tourism, particularly in view of the fact that the subsidiarity principle severely restricts EU measures. The provision of EU funding to enable demonstration projects aimed at providing model solutions to be carried out should however be linked to the promotion of 'innovative practices`. The ESC would refer here to Section 2.4 (tourism and the environment) of the Commission's report of 5 February 1996 (COM(96) 29). The ESC has also repeatedly called for the introduction of environmental impact assessments with regard to tourist infrastructures. The ESC's concerns would be met if the development of environmental impact assessments were to embrace such infrastructure measures.

5. Broadening the range of instruments (Article 3)

5.1. The ESC supports the market-based (economic) instruments of environmental policy referred to in Article 3(1), particularly since this measure is in line with proposals expressed by the ESC on a number of occasions (). Whilst expressing its basic approval, the ESC does, however, call for more specific provisions to be drawn up in respect of almost all the points made in this section.

- The proposed introduction of 'environmental charges` and the encouragement of 'fiscal reform` as instruments for protecting the environment, are not easy to implement, particularly when bearing in mind the institutional framework of the EC Treaty. More specific provisions are required in order to enable decisions to be taken on the action programme, especially as we are dealing here with a programme covering a relatively short period.

- The ESC also endorses, in principle, the 'concept of environmental liability` mentioned in the draft decision as an economic instrument of environmental policy. Bearing in mind (a) the preliminary work on this matter over a number of years and (b) the relevant Council of Europe Convention, the action plan should provide more details of the proposed concept (in respect of aspects such as absolute liability and the reversal of the burden of proof) ().

There is also a need to define points such as the field of application and the term 'environmental damage` and to stipulate a linkage between liability and the possibility of establishing provisions for sufficient cover.

- With regard to the proposed voluntary agreements, attention is drawn to the comments made in point 4.3 above.

5.2. Of particular interest to the ESC is the proposed development of an approach to environmental impact assessment for plans and programmes. The wording of this section does however require revision. With regard to 'training and guidance material`, reference is made not only to plans and programmes but also to projects, rather than the term 'policies` used earlier. In the ESC's view, it is important to ensure that corresponding provisions apply to measures taken by the EU bodies and that such provisions take account of the goals of administrative simplification. Consideration should also be given to the case for submitting EU draft legislation to environmental impact assessments. Such a measure should be possible, at least on an internal basis within the Commission, which is the only body with a right of initiative in this respect.

5.3. The ESC welcomes the proposed extension of the eco-audit scheme to areas of activity outside manufacturing industry; this measure ties in with a proposal made by the ESC.

The proposed environmental impact assessment criteria to be used in respect of EU policies (including the financial instruments), together with the proposed promotion of sustainable development via the Community's own financial support mechanism, are in the ESC's view, particularly important measures in the new environmental policy. It is, of course, important in this respect to ensure that the 'polluter pays` principle is observed.

With a view to incorporating environmental policy considerations into other policy areas, there is also a need to integrate environmental policy objectives into the rules and directives governing the allocation of the EU's structural programme funding. There is a need not only to apply environmental impact assessments to individual assistance measures but also to revise the programmes and their respective conditions.

5.4. The ESC broadly endorses the proposed strengthening of the role of industrial standards and equipment standards from the legal point of view; demands should however be made for a higher level of participation of socio-economic organizations in the process of drawing-up standards in order to enable these standards to be put to good effect in the context of the environmental policy instruments irrespective of the standpoints of interested parties. The ESC proposes that:

- future standards be subject to more rigorous appraisal than has been the case hitherto as regards their impact on the environment; the procedure for preparing these standards be made more transparent;

- building standards and urban planning standards - where such standards exist - also be used as instruments of environmental policy for promoting sustainable development.

In its Opinion on the interim evaluation of the Fifth Community Action Programme on the Environment () (No 4 point 3.4) the ESC had called for EU rules on public procurement to be amended to take account of environmental requirements. The proposals in the ESC's abovementioned Opinion should be taken into account in the context of the review referred to in Article 3(2)(e) of the draft Decision.

6. Implementation and enforcement of legislation (Article 4)

- With a view to improving the legal framework [Article 4(a)], the Commission proposes that legislative and administrative procedures be simplified. The ESC endorses this proposal but reiterates the concrete role of environmental legislation in protecting the citizens concerned. This means that public bodies (at all levels) must take responsibility for environmental protection and preventive environmental measures. This may curtail moves towards deregulation. Economic growth which did not go hand in hand with environmental conservation and preventive measures would not be acceptable from a social point of view (No 4, point 2.3 of the ESC's interim evaluation of the Fifth Action Programme on the Environment of 24/25 October 1995).

- With regard to measures to improve access to justice, attention is drawn to the observations made under point 3.6 above.

- It would be difficult from a legal point of view, if not impossible, to provide for sanctions under EU law against citizens who infringe EU laws. The Member State concerned could however be urged to take the necessary steps to introduce such sanctions and enforce such provisions. This would not of course affect the sanctions which the Maastricht Treaty, stipulates may be imposed upon Member States which fail adequately to implement EC law.

7. Awareness-raising (Article 5)

The Commission refers to the stimulation of awareness of sustainable development and to the promotion of behavioural changes in all sectors of society; in this context the ESC would draw attention to the intermediary role played by NGOs. Reference should be made to this in the draft Decision. Subjects for the awareness-raising programme can found in:

- Chapter 10 of the White Paper on growth, competitiveness and employment;

- the ESC's Opinion on the Fifth Community Action Programme on the Environment (1 July 1992) ().

The ESC also endorses the Commission's proposals but would, however, recommend that an internal awareness-raising programme be introduced for the EU staff.

8. International cooperation (Article 6)

In this field the ESC wishes only to add the proposals which it made in its earlier Opinions of July 1992 and October 1995.

Attention is drawn in particular to the stricter environmental protection standards applying in the new EU Member States, namely Finland, Austria and Sweden. Within the framework of the action plan, consideration should be given to:

- incorporating more effective, tried and tested environmental protection provisions from these States into EU law;

- examining, if this proves necessary in the light of the present review, whether this environmental protection instrument should exceed the currently applicable term of a further four years.

9. Improving the basis for environmental policy (Article 7)

The ESC endorses both the basis for environmental policy as set out by the Commission ('reliable ... data, statistics and indicators` and 'sound scientific information`) and the development of techniques for assessing 'cost-effectiveness` and 'cost-benefit`. The ESC would, however, draw attention in this context to the stipulation in Treaty Article 130r that Community policy on the environment shall be based on the precautionary principle. In pursuance of this principle, it may be necessary to take measures even in the absence of such sound scientific information.

The ESC also welcomes the proposed establishment of environmental indicators and the assessment of company and inter-company financial data from an environmental policy viewpoint, as this measure is in line with the views expressed by the Committee in its Opinion on the interim evaluation. The specific role of environmental research must be retained but there is a need to take account of the environmental aspects of other research projects.

10. Sustainable production and consumption patterns (Article 8)

The ESC will follow the development of instruments and actions to promote environmental awareness and changes in behaviour with considerable interest. Attention is drawn here to the views expressed by the ESC in its Opinions on the Fifth Community Action Programme on the Environment () and the interim evaluation (). The ESC also regards the measures proposed in this area as a confirmation of the observations made in Chapter 10 of the Whiter Paper on growth, competitiveness and employment.

11. Shared responsibility and partnership (Article 9)

The ESC would also link the proposed measures to promote shared responsibility and partnership to NGOs concerned with promoting environmental protection. These organizations and other socio-economic groups have an excellent track record, for example, with regard to the preparation of the 'satellite` provisions in respect of the Directive on air quality () and in their participation in the consultative forum on the Community eco-label ().

12. The promotion of local and regional initiatives (Article 10)

The proposed approach in respect of the urban environment is of particular interest to the ESC. The ESC is aware that a series of programmes and measures to assist local authorities and promote joint action between local authorities have been drawn up by various Commission DGs. The ESC proposes that support measures which broadly promote the interests of the urban environment be combined or at least coordinated.

The ESC takes the view that it is not just the potential of land-use planning which should be further developed but also the instrument of environmentally-compatible urban planning.

The promotion of regional initiatives should also embrace measures to assist upland regions in the Community and steps to prevent further desertification in the South of the EU.

The ESC welcomes the reference in the final indent of Article 10 to the promotion of local initiatives for development and employment; it would, however, ask whether this measure is to be confined to 'nature conservation` projects.

The ESC proposes that the action plan should also embrace the cross-frontier regional programmes for coordinating sustainable development projects which are either already in place or in the process of being established in various regions of the EU. Such cross-frontier programmes should, of course, also include non-EU states which have to face the same environmental problems as the EU Member States.

13. Environmental themes (Article 11)

The ESC endorses the measures mooted by the Commission, some of which are already in operation [such as the quality objectives for pollutants referred to in Article 11(2)(b)]. The ESC has repeatedly drawn attention to the need for measures in respect of water management and waste management which have now been announced for the first time in this Article. The ESC welcomes the Commission's proposed measures in respect of the assessment and monitoring of air quality and, in particular, the proposed strategy with regard to acid rain.

Soil protection should be added to the list of environmental themes; action to curtail heavy-metal contamination of the soil is particularly necessary.

In the ESC's view, priority should be given to the noise-abatement programme mentioned by the Commission.

Done at Brussels, 29 May 1996.

The President

of the Economic and Social Committee

Carlos FERRER

() OJ No C 287, 4. 11. 1992.

() Point 2.5 of the ESC Opinion on the Action Programme, dated 1. 7. 1992 (OJ No C 287, 4. 11. 1992).

() See the ESC Opinion on the interim evaluation of the Fifth Community Action Programme on the Environment which also sets out proposals for a further extension of the programme (OJ No C 18, 22. 1. 1996).

() OJ No C 155, 21. 6. 1995.

() OJ No C 328, 7. 12. 1987.

() OJ No C 393, 31. 12. 1994.

() OJ No C 332, 31. 12. 1990.

() OJ No C 18, 22. 1. 1996 (points 4.2.5 and 4.2.6 of the Opinion).

() Ibid. (first indent of point 4.2.5 of the Opinion).

() See in particular the ESC Opinion on the environment and the internal market of 31. 12. 1990 (OJ No C 332).

() See the ESC Opinion on the Commission proposal on civil liability for damage caused by waste (COM(89) 282) in OJ No C 112, 7. 5. 1990 and the ESC Opinion on the Commission's Green Paper on remedying environmental damage (COM(93) 47) in OJ No C 133, 16. 5. 1994.

() OJ No C 18, 22. 1. 1996.

() OJ No C 287, 4. 11. 1992.

() OJ No C 287, 4. 11. 1992.

() OJ No C 18, 22. 1. 1996.

() OJ No C 216, 6. 8. 1994 (first proposal) and OJ No C 238, 13. 9. 1995 (amended proposal).

() OJ No L 99, 11. 4. 1992.