COMMON POSITION (EC) No 20/97 adopted by the Council on 17 April 1997 with a view to adopting Decision No . . ./97/EC of the European Parliament and of the Council of . . . on the review of the European Community programme of policy and action in relation to the environment and sustainable development 'Towards sustainability` (97/C 157/04)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 130s (3) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social Committee (2),

Having regard to the opinion of the Committee of the Regions (3),

Acting in accordance with the procedure laid down in Article 189b of the Treaty (4),

(1) Whereas on 18 March 1992 the Commission adopted the European Community Porgramme of policy and action in relation to the environment and sustainable development 'Towards sustainability` (hereinafter referred to as 'the Programme`);

(2) Whereas the European Parliament, in its resolution of 17 November 1992 (5), welcomed the guidelines set in the Programme;

(3) Whereas the Economic and Social Committee in its opinion of 1 July 1992 approved the concepts and the thrust of the Programme;

(4) Whereas the Council and the representatives of the Governments of the Member States, in their resolution of 1 February 1993 (6), approved the general approach and strategy of the Programme;

(5) Whereas, while many of the measures and actions in the Programme are set within a time-frame which extends to the year 2000, the Programme provides for a review to be undertaken before the end of 1995;

(6) Whereas a number of developments with a bearing on sustainable development have occurred since the adoption of the Programme, in particular the adoption of Agenda 21 on the outcome of the United Nations Conference on Environment and Sustainable Development, and the adoption by the Commission of a White Paper on growth, competitiveness and employment;

(7) Whereas the review should also reflect the commitments entered into and the conclusions adopted as part of various international processes;

(8) Whereas one of the objectives to be pursued by Community policy on the environment is the protection of human health;

(9) Whereas the enlargement of the European Union by the three new Member States, Austria, Finland and Sweden, poses new environmental challenges to the Union; whereas the Community has committed itself to review certain provisions of its legislation in the environmental field;

(10) Whereas extensive consultation has taken place in the review process carried out by the Commission to establish information on progress to date and obstacles to the implementation of the Programme;

(11) Whereas on 10 November 1995 the European Environment Agency presented an updated state of the environment report as a contribution to the review process;

(12) Whereas in January 1996 the Commission presented a progress report on the implementation of the Programme;

(13) Whereas the overall strategy, objectives and indicative actions of the original programme remain valid and whereas the Programme constitutes an appropriate point of departure for the implementation of Agenda 21 by the Community and the Member States;

(14) Whereas the basic strategy of the Programme is to achieve full integration of environmental and other relevant policies through the active participation of the main actors in society in a broadening and deepening of the range of instruments to achieve behavioural change;

(15) Whereas the conclusions of the progress report show that progress has been made on a number of issues but that a great deal remains to be done to move towards sustainability;

(16) Whereas the progress report identifies key priorities needed to ensure that the process of sustainable development is given greater impetus; whereas the Community should intensify its efforts on five key priorities and five other issues to support the implementation of the Programme;

(17) Whereas, in implementing its general action programme, the Community will act within its competence; whereas, in their resolution dated 1 February 1993, the Council and the representatives of the Governments of the Member States invited the Commission to come forward with appropriate proposals to give effect to the programme in so far as it pertains to action at Community level;

(18) Whereas this Decision does not prejudice the legal basis of the measures which, while complying with the objectives pursued by the actions provided for in this Decision, are adopted in the framework of the environment policy and of other Community policies;

(19) Whereas the further integration of environmental protection requirements into other policy areas is regarded as a key element to achieve sustainable development; whereas, in the process of implementing the approach set out in the Programme, the necessity of integrating environmental considerations into Community policy and action needs to be translated into more operational terms; whereas, to this end, a number of priorities have been identified where action can be carried out most effectively at Community level, in relation to the target sectors of agriculture, transport, energy, industry and tourism;

(20) Whereas broadening the range of instruments has proved more difficult than envisaged; whereas the development and implementation of other instruments to complement legislation is necessary to bring about substantial changes towards sustainable development in current trends and practices, taking account of the subsidiarity principle; whereas this implies the further development at an appropriate level of effective market-based and other economic instruments, horizontal instruments, and the improved use of the Community's own financial support mechanisms as a means to promote sustainable development;

(21) Whereas it is necessary to ensure a better implementation and enforcement of environmental measures, which implies action at all levels of the regulatory chain;

(22) Whereas communication, information, education and training are crucial as a means to stimulate awareness and to promote behavioural changes in all sectors of society;

(23) Whereas the Community has an important role to play in international action on the environment and sustainable development; whereas there is a need to respond to international challenges, in particular the potential accession of the associated Countries of Central and Eastern Europe and of Cyprus, the need to increase cooperation with the Mediterranean countries and the countries of the Baltic Sea region, the need to carry on the process initiated by the United Nations Conference on Environment and Development and discussions on trade and the environment;

(24) Whereas further efforts are necessary to improve the basis for environmental policy in the form of reliable and comparable data, statistics and indicators, and methods for the assessment of the costs and benefits of action or lack of action;

(25) Whereas it is necessary further to develop approaches to promote sustainable patterns of production and consumption; whereas it is necessary to promote the best use of new techniques and technologies;

(26) Whereas it is necessary further to develop the concept of shared responsibility, in particular by reinforcing dialogue with and participation of actors concerned by the preparation of Community policies and actions;

(27) Whereas there is potential for Community support to provide more coherent and coordinated approaches in relation to activities at local and regional levels on issues vital to reach sustainable development, and to stimulate exchange of information and experience;

(28) Whereas the Community will further develop its policies in relation to the environmental themes covered by the Programme on the basis of high standards of environmental protection; whereas specific focus will be given to those actions which can be carried out most effectively at Community level,

HAVE DECIDED AS FOLLOWS:

Article 1

The Community confirms its commitment to the general approach and strategy of the Programme 'Towards sustainability` adopted by the Commission on 18 March 1992, welcomed in the resolution of the European Parliament of 17 November 1992 and approved by the resolution of the Council and the representatives of the Governments of the Member States, meeting within the Council, of 1 February 1993. Community institutions, Member States, enterprises and citizens are encouraged to accept their respective responsibilities to play their full part in the continuing implementation of the Programme and to seek to accelerate the process.

In order to speed up the achievement of the Programme's objectives and to ensure the more efficient implementation of its approach, taking into account the Commission's progress report on the implementation of the Programme as well as the updated state of the environment report presented by the European Environment Agency, the Community will, while aiming at a high level of protection and taking into account the diversity of situations existing in the different regions of the Community, intensify its efforts on five key priorities and five other issues as being those which will give an additional impulse to the implementation of the Programme.

Notwithstanding these specific priorities, the Community will actively pursue all other action initiated under the Programme.

In implementing the Programme, the Community will act within its competence. This Decision shall not prejudge the legal basis of the measures which, while complying with the objectives pursued by the actions provided for by this Decision, are adopted in the framework of the environment policy and of other Community policies.

SECTION 1

KEY PRIORITIES

Article 2 Integration of the environment into other policies

The Community will develop improved and more consistent approaches to the integration of environmental protection requirements into other policy areas, with a view to facilitating the process of moving towards sustainable development.

In relation to the sectors targeted under the Programme, the Community will to this end focus on the following priorities where action can be carried out most effectively at Community level.

1. In relation to agriculture, priorities are:

(a) better to integrate market, rural development and environment policies with a view to securing sustainable agriculture by:

- further developing links between agricultural policy and environmental requirements pursuant to the process of the reform of the common agricultural policy,

- considering the scope for the incorporation of additional environmental considerations into agricultural policies.

All measures should include appropriate monitoring, reporting and evaluation obligations;

(b) to provide for regular reporting and the generation of comparable data on the pressures and effects on the environment, including biodiversity, of agricultural practices, such as fertilizer and pesticide use and data on water quality and use, and land use;

(c) to promote sustainable farming including integrated farm technologies, organic agriculture and, where appropriate, extensive production methods (inter alia, respecting biodiversity) in close cooperation with the actors concerned. The Community will continue to encourage the development of local initiatives and disseminate information on them;

(d) further to develop an integrated strategy to reduce the risks to health and the environment from the use of plant protection products and pesticides, including more detailed provisions on the distribution and sales of these substances, and restrictions of use and, where appropriate, substitution of the most dangerous plant protection products and pesticides;

(e) further to develop comprehensive approaches to rural development, taking account of environmental considerations including the conservation of biological diversity, by, inter alia, the monitoring and coordinating of the various policy instruments concerned;

(f) to consider measures for internalizing environmental costs in the cost of agricultural products and production processes.

The Community will promote better coordination and coherence of actions and policies affecting forests, with a view to facilitating their management (including afforestation and protection from forest fires), conservation and sustainable development, and also to respond to international developments concerning forests.

2. In relation to transport, priorities are:

(a) further to tighten provisions on emissions and noise from road and off-road vehicles and, taking due account of developments in the relevant international forums, from aircraft, as well as on fuel quality, to develop action to reduce CO2 emissions from road vehicles, notably by promoting the use of fuel-efficient vehicles and low-emission technologies, and to strengthen Community provisions on vehicle inspection and maintenance;

(b) to give greater attention to the determinants of transport demand, while taking account of the diversity of situations in the various regions of the Community, by:

- developing and promoting measures to achieve a better internalization of external costs in transport prices, in particular for less environmentally friendly modes of transport, as a prerequisite to influencing user choices in order to arrive at a more sustainable level of transport demand,

- promoting a more integrated transport policy, including improvements in the economic efficiency of the transport sector and improvements in environmental, safety and accessibility aspects, inter alia, by promoting the better integration of land-use and transport planning and promoting demand-management measures, such as the use of telematics;

(c) to pursue its aims of reducing the imbalances between the different transport modes and encouraging the more environmentally friendly modes of transport, in particular by:

- developing potential methods of analysis for strategically evaluating the environmental impact of the trans-European transport network as well as potential methods of corridor analysis covering all relevant transport modes, taking account of the need to link all Member States and regions into the trans-European transport network and in particular the need to link island, landlocked and peripheral regions with the central regions of the Community,

- investigating possibilities for the use of Community funding to promote a better balance between transport modes, facilitating transport intermodality and appropriate modal shifts,

- developing a framework for the solution of the environmental problems caused by traffic of heavy goods vehicles,

- promoting the use of more environmentally friendly modes of transport, for example by encouraging public and/or collective transport and low emission vehicles.

3. In relation to energy, priorities are:

(a) to promote energy efficiency and the rational use of energy and to support the development and application of energy-saving technologies and practices including renewable energy sources and combined heat and power, by appropriate programmes and measures, awareness-raising and information measures, and to develop criteria for the screening of subsidy schemes in order to redress incentives which have an adverse effect;

(b) to encourage the implementation of energy demand-side management measures including energy conservation measures, the internalization of external costs and benefits through economic instruments and other means, and the improved coordination of consumer awareness initiatives in Community energy-saving programmes;

(c) to reinforce energy-efficiency standards for appliances and to provide for their energy-efficiency labelling.

4. In relation to industry, priorities are:

(a) to promote the ongoing development of eco-management schemes by the industrial sector and to develop programmes for the further promotion of environmental awareness by industry, including, in particular, small and medium-sized enterprises (SMEs), as well as for vocational training and technical support; to review the environmental management and audit scheme;

(b) to develop a framework for an integrated, life-cycle oriented product policy, which will address, inter alia, the further development of life-cycle analysis, including the reduction of waste generated, and will take into account potential implications for the internal market, to promote the development of cleaner products by incorporating environmental considerations and minimizing the use of persistent organic substances, heavy metals and substances with irreversible health effects;

(c) to improve the legislation and other instruments in relation to a coherent and comprehensive control of pollution from industrial installations, to develop options for a complementary framework to integrated pollution control for smaller installations taking into account their particular problems and to encourage a better integration of external costs;

(d) to develop actions in order to enhance the awareness of industry on environmental issues, such as tools for better business information, including information on best available techniques, inter alia, by the use of EuroBAT documents, improvement of the diffusion of cleaner technologies as well as promotion of best environmental practices;

(e) to clarify the definition of eco-businesses and to facilitate their development;

(f) to give priority to the problems of SMEs as regards technical and financial obstacles to the development and use of clean technology in relation to the environment;

(g) to develop and operationalize policies aimed at sustainable industrial development, involving the formulation of the concept of eco-efficiency and a focus on partnerships between governments and industry, using industry's capacity for innovation and appropriate incentives and stimulating conditions, on both the demand and the supply side.

5. In relation to tourism, priorities are:

(a) to provide for regular exchange of information on the impact on the environment of tourism practices;

(b) to support awareness campaigns in order to promote an environmentally-friendly use of tourism resources;

(c) to promote the implementation of innovative good practices including by means of pilot projects in the framework of existing financial instruments in the field of sustainable tourism development;

(d) to promote the incorporation of the issue of 'environment and tourism`, where appropriate, in international agreements.

Article 3 Broadening the range of instruments

The Community will develop, apply or otherwise encourage a broader mix of instruments in order to bring about substantial changes in current trends and practices in sustainable development, taking account of the subsidiarity principle.

1. In relation to the development, at an appropriate level, of effective market-based and other economic instruments as a means to implement policy, special attention will be given to:

(a) examining constraints to the introduction of economic instruments and identifying possible solutions;

(b) the use of environmental charges;

(c) identifying subsidy schemes which adversely affect sustainable production and consumption practices with a view to their reform;

(d) encouraging the application of the concept of environmental liability at Member State level;

(e) voluntary agreements which pursue environmental objectives while respecting competition rules;

(f) encouraging the use of fiscal instruments to achieve environmental objectives.

2. In relation to horizontal instruments, priorities are:

(a) to develop approaches to environmental impact assessment for plans and programmes, and to promote the development of methodologies, training and guidance material for both assessments of projects and of plans and programmes;

(b) to consider the extension of the environmental management and audit scheme to areas of activity other than manufacturing industry;

(c) where appropriate, to promote standardization in relation to environmental issues and to strengthen the integration of environmental aspects in the elaboration of industrial standards;

(d) to develop criteria to assess the compatibility of existing Community policies and instruments, including financing, with the requirements of sustainable development;

(e) to review Community public procurement rules so as to better incorporate environmental considerations into their application while safeguarding fair competition.

3. Priority will be given to improving the use of the Community's own financial support mechanisms as a means to promote sustainable development. This implies a better integration of environmental considerations including the protection of nature, and an evaluation of their impact on the environment as a means of improving the quality of support action from the environmental and economic points of view.

4. The Community will pursue its current efforts to ensure the full realization of the potential that new techniques and technologies offer for sustainability in sectors such as agriculture, food processing, chemicals and pharmaceuticals, environmental clean-up and the development of new materials and energy sources.

Article 4 Implementation and enforcement of legislation

The Community will reinforce efforts at all levels with a view to ensuring better implementation and enforcement of environmental legislation.

Priorities are:

(a) to improve the legal framework for environmental policy by adopting more coherent, comprehensive and integrated approaches to specific sectors, where appropriate by simplifying legislative and administrative procedures and by using framework directives, and by giving specific attention to the transposability and enforceability of the measures to be adopted;

(b) to improve the implementation of reporting requirements under Community legislation, inter alia, by better rationalization and standardization of such requirements, and to make greater use of these reports as a tool in the decision-making process;

(c) to enhance and intensify cooperation between the authorities responsible for implementation and enforcement of legislation, inter alia, via the network of environment inspectors;

(d) to consider means to facilitate greater involvement of the public in the implementation and enforcement of environment policies, and to examine whether there is a need for improved access to justice, having regard to the principle of subsidiarity and taking into account the different legal systems of the Member States.

Article 5 Awareness-raising

The Community emphasizes the importance of communication, information, education and training as a means to stimulate awareness of sustainable development issues and to promote behavioural changes in all sectors of society. It will increase its efforts to improve the level of awareness and information of Community citizens on sustainable development issues.

Priorities are:

(a) to make accessible information on the state of the environment and on the implementation of Community environmental legislation;

(b) to promote the integration of the sustainable development concept into Community education and training programmes;

(c) to encourage environmental education and training at all relevant levels, inter alia, in order to contribute to changing individual behaviour toward more sustainable patterns;

(d) to make optimum use of the system for the evaluation and adequate dissemination on a continuous basis of results of LIFE projects, both in the area of nature protection and in other areas of the environment;

(e) further to promote 'green housekeeping` for the Community's own institutions, and to facilitate the exchange of best practices, access to and dissemination of information in this area as widely as possible;

(f) to promote close cooperation between the Commission and the Member States in the field of environmental communication, and information; to develop a Community communication strategy in cooperation with Member States, inter alia, by taking advantage of existing cooperation initiatives;

(g) to facilitate consumer opportunities to take environmental considerations into account through eco-labelling and the provision of environmental information on products, including chemicals;

(h) to encourage providers of financial services, such as banks and insurance companies, to integrate environmental considerations in their operations.

Article 6 International cooperation

The Community will reinforce its role in international action on the environment and sustainable development. This implies, in particular, strengthening its approach to cooperation with the countries of Central and Eastern Europe and the Mediterranean, enhancing its role in relation to environmental issues as identified in Agenda 21, and in relation to bilateral and multilateral cooperation on sustainable development issues.

1. In relation to Central and Eastern Europe, priorities are:

(a) to develop further a comprehensive approach in relation to environmental matters in the context of the strategy to prepare the associated countries of Central and Eastern Europe for accession;

(b) to continue cooperation with and promote cooperation between the countries of Central and Eastern Europe in this area, within the framework provided by the Europe Agreements. This implies strengthening cooperation in the field of capacity building, continuing to provide financial cooperation, comprising technical assistance especially in approximation of legislation and its implementation and enforcement, investment support to environmental infrastructure and cooperation to provide better environmental practice including by means of technology transfer.

2. In relation to the Mediterranean countries and the Mediterranean basin, priorities are:

(a) to develop, within the framework of the Declaration of Barcelona of November 1995, a regional approach through regular dialogue, inter alia, through ministerial conferences, and greater and improved cooperation, in particular in relation to financial and technical assistance;

(b) to establish a short and medium-term priority action programme in relation to the Mediterranean basin and to develop a monitoring mechanism for its implementation.

3. In relation to the Baltic Sea Region, priorities are to strengthen environmental cooperation in the area within the existing regional frameworks and to enhance the coordination of the relevant funds in order to support the Helsinki Commission (Helcom) activities, and, in particular, the implementation of the joint comprehensive environmental programme (JCP).

4. In relation to the Rio process, priorities are to ensure active Community participation in the process and in the follow-up to the 1997 Special Session of the UN General Assembly, and, inter alia, to contribute to:

(a) the reinforcement of the framework Convention on Climate Change in conformity with the Berlin mandate and subsequent decisions;

(b) the development of the Convention on Biological Diversity, including the promotion of national implementation strategies and the timely development of a biosafety protocol;

(c) the reinforcement of international cooperation in the context of the Convention to Combat Desertification.

5. In relation to other international environmental issues, priorities are:

(a) to carry out a policy review related to the integration of the sustainable development dimension in the implementation of the Fourth ACP-EC Convention; to evaluate Community development assistance overall to ensure that environmental appraisal systems are being followed;

(b) to reinforce the environmental component in cooperation with the newly independent States, in particular focusing on capacity-building and technical assistance within the Tacis programme;

(c) to reinforce the environmental component of cooperation with countries of Asia and Latin America in line with Council Regulation (EEC) No 443/92 of 25 February 1992 on financial and technical assistance to, and economic cooperation with, the developing countries in Asia and Latin America (7) and with general orientations for the cooperation between the Community and the regions concerned;

(d) to promote an active participation in regional conferences and treaties in Europe and the process 'Environment for Europe`;

(e) to support international work in the field of sustainable development indicators;

(f) to work towards the strengthening of provisions on enforcement and dispute settlement when international agreements come up for revision;

(g) to take part actively in negotiations for the adoption of a legally binding instrument for a prior informed consent procedure for trade of certain hazardous chemicals and pesticides.

6. In relation to trade and the environment, priorities are:

(a) actively to participate in international discussions, in particular in the WTO, dealing with the issue of trade and environment where the Community, in accordance with the general aim of sustainable development, will promote a balanced approach to the respective concerns of environment and trade focusing on the integration of environmental requirements into the multilateral trading system;

(b) to give preference to multilateral solutions to trade and environment problems, respecting environment and trade principles and promoting transparency in the definition and implementation of environmental measures, including new instruments of environmental policy.

SECTION 2

OTHER ISSUES TO WHICH PARTICULAR ATTENTION WILL BE GIVEN

Article 7 Improving the basis for environmental policy

The Community will ensure that its environmental policy is based on reliable and comparable data, statistics and indicators, on sound scientific information and on an assessment of the costs and benefits of action or the lack of action. It will ensure coordination of, and cooperation with, the appropriate Community institutions and will cooperate with the relevant institutions at an international level. The European Environment Agency has a key role in monitoring and reporting on the state of the environment.

Particular attention will be given to:

(a) identifying and filling the gaps in current basic statistical data on the environment, developing the integration of environmental aspects into the data and statistics of other policies and ensuring the accessibility of this data;

(b) promoting the development of environmental indicators, performance indicators on all relevant policy issues as well as indicators for sustainable development as benchmark indicators to measure progress towards sustainable development and to provide a basis for the setting of objectives and operational targets;

(c) improving coordination in the development of and securing mutual feedback between scientific research and development policies and environment policy;

(d) further developing the use of economic evaluation techniques for the environment (cost effectiveness, cost/benefit and business impact techniques);

(e) promoting the development of environmental satellite accounts to national accounts as a first step towards the integration of environmental aspects into national accounting concepts and practices.

Article 8 Sustainable production and consumption patterns

The Community will further develop its action to facilitate and enhance innovation in industry in relation to sustainable development and promote awareness and changes in behaviour by industry and consumers with a view to moving towards more sustainable patterns of production and consumption.

Article 9 Shared responsibility and partnership

The Community will encourage practical ways to improve shared action and partnership approaches to ensure sustainable development. It will develop better means of dialogue and ensure that an appropriate mix of actors is involved in the preparation and implementation of its policies and actions.

Article 10 Promotion of local and regional initiatives

The Community will further encourage activities at local and regional level on issues vital to attain sustainable development.

To this purpose, particular attention will be given to:

(a) further promoting the potential of spatial planning as an instrument to facilitate sustainable development, taking forward Europe 2000+ and assisting the development of the European spatial development perspective as a basis for creating consensus among policy-makers, inter alia, in relation to the environmental impact of sectoral development policies;

(b) developing a comprehensive approach to urban issues with special emphasis on the assistance required to support actions by local authorities to implement the Programme and local Agenda 21;

(c) promoting the exchange of experience between local authorities in relation to sustainable transport initiatives;

(d) developing a demonstration programme on integrated management of coastal zones with a view to showing the impact of improved information and concertation mechanisms for the implementation of sustainable development, and identifying the need for further action at Community and other levels;

(e) developing a strategy to encourage local initiatives for development and employment to contribute to the conservation of natural areas, where appropriate supported by the Structural Funds;

(f) encouraging measures in vulnerable areas in line with the Convention to Combat Desertification, focused on reducing the phenomenon by means of management policy and the sustainable use of natural resources as well as a better dissemination and coordination of ongoing actions.

Article 11 Environmental themes

The Community will further develop its policies in relation to the environmental themes of the Programme on the basis of high standards of environmental protection and will, in relation to these themes, give specific focus to those actions which can be carried out most effectively at Community level.

Particular attention will be given to:

(a) policies and measures necessary for the achievement of reduction objectives in accordance with the Berlin Mandate for carbon dioxide (CO2) and other greenhouse gases to be attained within specified time-frames, such as 2005, 2010 and 2020;

(b) strengthening Community control measures on substances that deplete the ozone layer and intensifying research directed at finding suitable substitutes for these substances;

(c) establishing or amending quality objectives with respect to specific pollutants, and developing common procedures for the assessment and monitoring of air quality;

(d) developing and implementing a strategy with the long-term goal that critical loads, in relation to exposure to acidifying, eutrophying and photochemical air pollutants, are not exceeded;

(e) developing and promoting the implementation of a comprehensive integrated strategy for the protection and management of groundwater and surface water resources;

(f) developing appropriate action to give effect to the Community waste-management strategy;

(g) strengthening approaches to nature protection and biodiversity, via, inter alia, a biodiversity strategy, to ensure their fuller integration into the definition and the implementation of the other Community policies;

(h) developing a noise abatement programme, including in particular noise emissions from products;

(i) elaborating and presenting a strategy which will lead, inter alia, to further development of policies to address fully Agenda 21 with respect to chemicals which, when used, are assessed as posing unacceptable risks for health and the environment, with particular attention to the precautionary principle, substitution or phasing out of toxic substances and information on risks to users;

(j) further reviewing the regulatory framework of biotechnologies while continuing to ensure their safe use;

(k) undertaking the review of certain provisions of Community legislation, as agreed in Joint Declarations 6 and 7 to the 1994 Act of Accession.

Done at . . .

For the European Parliament

The President

For the Council

The President

(1) OJ No C 140, 11. 5. 1996, p. 5.

(2) OJ No C 212, 22. 7. 1996, p. 1.

(3) OJ No C 34, 3. 2. 1997, p. 12.

(4) Opinion of the European Parliament of 13 November 1996 (OJ No C 362, 2. 12. 1996, p. 112), Council common position of 17 April 1997 and Decision of the European Parliament of . . . (not yet published in the Official Journal).

(5) OJ No C 337, 21. 12. 1992, p. 16.

(6) OJ No C 138, 17. 5. 1993, p. 1.

(7) OJ No L 52, 27. 2. 1992, p. 1.

STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 29 February 1996, the Commission sent the Council a proposal, based on Article 130s (3), first subparagraph of the EC Treaty (1), on the review of the European Community programme of policy and action in relation to the environment and sustainable development: 'Towards sustainability`.

2. The European Parliament delivered its opinion at first reading on 13 November 1996 (2), the Economic and Social Committee delivered its opinions on 29 and 30 May 1996 (3).

3. On 4 December 1996, the Commission forwarded an amended proposal (4), further to the Parliament's opinion.

4. On 17 April 1997, the Council adopted its common position in accordance with Article 189b of the Treaty.

II. OBJECTIVE

The Council and the Representatives of the Governments of the Member States meeting within the Council, in a resolution adopted on 1 February 1993 (5), had approved the general approach and strategy of the European Community programme of policy and action in relation to the environment and sustainable development presented by the Commission. The programme provided, inter alia, for a comprehensive review to be undertaken before the end of 1995.

On the basis of the assessment of a progress report by the Commission on the implementation of the programme and of an updated report on the state of the environment by the European Environment Agency, both finalized at the end of 1995, the Commission submitted its proposal for a decision on the review.

The proposal, while reconfirming the commitment to the approach set out in the Programme, aims at ensuring its more efficient implementation for the remaining period up to the year 2000, by identifying five key priority areas where action needs to be stepped up (integration of the environment into other policies, broadening the range of instruments, implementation and enforcement of legislation, awareness raising and international cooperation) as well as five further issues which require particular attention at this stage (improving the basis for environmental policy, promoting sustainable production and consumption patterns, developing shared responsibility and partnership, encouraging local and regional initiatives, further developing some environmental themes).

The characteristics of the act requested of Council have been substantially modified by the entry into force of the Treaty on European Union: while a general political endorsement had been sufficient for the programme, the review is subject to a legal adoption procedure, implying the adoption of specific provisions.

III. ANALYSIS OF THE COMMON POSITION

The Council shared in substance the Commission's approach. In its examination of the proposal, the Council was thus consistently guided by two interlinked considerations:

- this was review and not a full revision of the programme,

- in establishing the guidelines for the review, it was important to take into account the relatively short time available for their implementation before the programme expires.

In line with this attitude, the Council considered it was above all essential to adopt as soon as possible a common position, to make a timely second reading possible.

A. Amended commission proposal

In this situation, the Council agreed on the need to take a decision as soon as possible on the Commission proposal.

The Council however clearly stated that its decision to proceed with the adoption of political agreement at its session of 9 December 1996 did not prejudge its position on the amendments and that it was willing in the future to carry out with appropriate speed deliberations on the amendments proposed by the European Parliament as required by Article 189b of the Treaty.

B. Substantive innovations introduced by the Council

1. Preamble

The preamble was not substantially modified, except for the introduction of two new recitals, requested also by the Parliament, recognizing the need to reflect in the review commitments and conclusions deriving from international processes, as well as the importance of the protection of human health as one of the objectives of environmental policy. The preamble was further slightly amended in a few points to reflect changes in the Articles; the order of the clauses was also rearranged to ensure better consistency with the flow of the Articles.

2. Integration of the environment into the agricultural, transport, energy, industry and tourism policies (Article 2)

This section, recognized as fundamental, was reworded in parts by the Council, in order both to take account of the latest developments in the respective sectors and to fine-tune the text, paying particular attention to ensuring a degree of detail compatible with realistic expectations for and possibilities of implementation.

In particular, as regards agricultural policy (Article 2 (1)), the text was modified so as to give clear orientations on the future development of the common agricultural policy while respecting the ongoing reform process. Furthermore, the Council made clear its concern for the protection of biodiversity by explicitly mentioning it, where relevant, as an element deserving special attention. As regards energy (Article 2 (3)), the Council, inter alia, included the promotion of cogeneration among the priorities, as requested also by Parliament. As regards industry (Article 2 (4)), a paragraph was added on the development of sustainable policies involving the concept of eco-efficiency and of partnership between government and industry, through appropriate stimuli to innovation. In relation to tourism (Article 2 (5)), the need was underlined for incorporating the tourism/environment dimension in international agreements.

3. Broadening the range of instruments (Article 3)

The Council principally wished to underline the need to improve the conditions for the development of effective market-based and other economic instruments, in particular through the identification of constraints to their introduction and the identification of current subsidy schemes adversely affecting sustainable practices with a view to their reform. It also reasserted the importance for such instruments to be applied at the appropriate level.

4. Implementation and enforcement of legislation (Article 4)

The Council reinforced the priorities as proposed by the Commission, in particular by stressing the need to ameliorate both the quality and the feedback value of reports on implementation; it also explicitly noted the function of the network of environment inspectors.

On the other hand, while recognizing the importance of enhancing the involvement of the public in the implementation and enforcement of legislation, it cautioned that the need for improved access to justice had to be carefully assessed taking into account different legal traditions. The Council considered it furthermore, premature to address the question of sanctions for non-compliance.

5. Awareness-raising (Article 5)

The Council reinforced substantially this element, notably by indicating further priorities relating to education and training, the promotion of cooperation between Member States, facilitating consumer opportunities to be informed on the environmental aspects of products, and encouraging providers of financial services to take into account environmental considerations.

6. International cooperation (Article 6)

The Council reinforced this section, by adding a paragraph on the Baltic Sea region, in recognition of the enhanced interest of this region following the latest accessions. It also added specific references to the importance of an active Community participation in the ongoing negotiations in the framework of the climate change, biological diversity and desertification conventions, and for the adoption of a prior informed consent procedure, as well as in the participation in regional instruments in Europe.

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

The Council insisted on the need for cooperation with the relevant institutions at international level and for coordination with Community institutions. In particular, it underlined the role of the European Environment Agency in monitoring and reporting on environmental developments, as also requested by the Parliament.

8. Promotion of local and regional initiatives (Article 10)

The Council added a further issue to which particular attention should be given, i.e. that the Community should encourage measures in line with the convention to Combat Desertification.

9. Environmental themes (Article 11)

In accordance with its general approach, the Council strived to rationalize and facilitate the implementation of the proposed actions. In particular, it modified the Commission's proposals which had become obsolete following the evolution in the relevant sectors.

Thus, for instance, point (a) was amended on the basis of the latest developments in climate change policy; point (f) replaced a series of separate points, following the recent endorsement of a comprehensive Community waste-management policy. Point (d) on critical loads was reworded in a more realistic perspective; point (e) on noise was somewhat limited in respect of the Commission's formulation, also taking account of the principle of subsidiarity; point (i) on chemicals, reformulated in a more comprehensive way the relevant points in the Commission proposal. Finally, point (k) was added to stress the need to respect the commitments undertaken in the framework of accession.

(1) OJ No C 140, 11. 5. 1996, p. 5.

(2) OJ No C 362, 2. 12. 1996, p. 112.

(3) OJ No C 212, 22. 7. 1996, p. 1.

(4) OJ No C 28, 29. 1. 1997, p. 18.

(5) OJ No C 138, 17. 5. 1993, p. 1.