Re-examined proposal for a COUNCIL DECISION establishing a reciprocal exchange of information and data from networks and individual stations measuring ambient air pollution within the Member States
Date: 1996-11-19
Institutions: European Commission
Subjects: European Environment Agency, air quality, data collection, environmental monitoring, exchange of information

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  19.11.1996 
COM(96)  534 final 

94/0194 (SYN) 

Re-examined  proposal  for a 

COUNCIL DECISION 

establishing 

a reciprocal  exchange  of information  and data from networks 
and individual  stations measuring  ambient air pollution 
within the Member  States 

(presented  by the Commission  pursuant to Article  189 c (d) 
of  the  EC Treaty) 

EXPLANATORY  MEMORANDUM 

The  Commission  adopted  a  "Proposal  for  a  Council  Decision  establishing  a  reciprocal 
exchange  of  information  and  data  from  networks  and  individual  stations  measuring 
ambient air pollution within the Member  States" on.7 September  1994.1 

The Economic  and  Social  Committee  delivered  its opinion  on 22 February  1995.2 

The European  Parliament  delivered  its opinion at first  reading on  16 June  1995.3 

On 29 November  1995 the Commission adopted an amended proposal in accordance with 
Article  189a(2) of the EC Treaty.  The proposal included - in full, in part or in principle -
10 of the  11 amendments  proposed.4 

On  26 February  1996  the  Council  adopted  a  common  position  on  the  Commission's 
amended  proposal.5 

Parliament examined the Council's common position at second reading on  18 September 
1996 and  approved  it subject  to  four  proposed  amendments.6 

The  Commission  has  examined  the  amendments  proposed  by  Parliament  at  second 
reading and  included  all of them  in its re-examined proposal. 

Amendment No 1 

This simplifies  the title of the proposal.  The proposed wording still covers the objective 
of the Decision,  but  is easier to use  in practice.  It is acceptable on those grounds. 

Amendments Nos 2 and 3 

These  concern  the  availability  to  the  public,  upon  request,  of the  information  gathered 
within the framework of the Decision.  They are in line with the Commission's policy on 
transparency and public access to information.  However, instead of setting up a complex 
and  costly  system  the  Commission  wishes  to  use  existing  means  to  achieve  this  end. 
Accordingly,  it  deems  it  appropriate  to  use  the  network  developed  by  the  European 
Environment  Agency  to  disseminate  the  information,  as  well  as  the  channels  of 
dissemination  developed  in and by the Member  States themselves. 

OJ  €281,7.10.1994. 
OJC  110, 2.5.1995. 
OJ  C  166, 3.7.1995, p. 177. 
OJC  30, 3.2.1996, p. 8. 
OJC  219, 27.7.1996, p. 1. 
Provisional  minutes of the session  of  18.9.1996, doc. PE252.049, Part 2, pages 3-4. 

Amendment No 4 

This concerns the preparation  by the Commission of a general report on the  information 
gathered and on trends in air quality in Europe.  Such a publication  is clearly  necessary 
and useful  for informing the public and providing a better understanding of the problems 
in this area, which  is why  it is being accepted. 

Re-examined  proposal  for a 

COUNCIL  DECISION 

establishing 

a  reciprocal  exchange  of  information  and data from networks 
and individual  stations  measuring  ambient  air pollution 
within  the  Member  States 

Original  text 

Amended  text 

(Amendment No  1) 
Title 

Proposal  for  a Council  Decision 

Proposal  for a Council  Decision 

establishing  a  reciprocal  exchange  of 
information  and  data  from  networks  and 
individual  stations measuring  ambient  air 
pollution within the Member  States. 

the  measurement 

concerning 
and 
exchange  of  information  on  ambient  air 
pollution. 

(Amendment No 2) 
Article 4(3) 

the 

latest, 

information 

this  Decision  at 

3.  Six  months  after  the  entry  into  force 
of 
the 
Commission  will  make  available  to  the 
the  existing  database 
Member  States 
containing 
already 
the 
collected  by  its  services  on  the  subject, 
and  software  enabling  it  to  be  used  and 
updated. 
The  Member  States  shall 
correct,  amend  and/or  supplement  that 
information.  The  updated  computer files 
shall  be  sent  to  the  Commission  during 
the  second  year  following  the  entry  into 
force  of  this  Decision  and  by  1 October 
at the  latest. 

the 

the 

latest, 

information 

this  Decision  at 

3.  Six  months  after  the  entry  into  force 
of 
the 
Commission  will  make  available  to  the 
Member  States  the  existing  database 
containing 
already 
collected  by  its  services  on  the  subject, 
and  software  enabling  it  to  be  used  and 
updated. 
The  Member  States  shall 
correct,  amend  and/or  supplement  that 
information.  The updated  computer  files 
shall  be  sent  to  the  Commission  during 
the  second  year  following  the  entry  into 
force  of  this  Decision  and  by  1 October 
at the latest. 
This information  will  be accessible to the 
public  via  the  information  system  set  up 
on 
the  European 
Environment  Agency:  it  may  also  be 
supplied  by  the  Agency  or  bv 
the 
Member  States upon  request. 

Internet  by 

the 

(Amendment No 3) 
Article S(Q 

6.  The  Commission  shall  include  the 
transmitted  data 
in  its  database  and 
prepare  each  year  a  technical  report  on 
the  information  collected  and  shall make 
available 
the 
updated  "results"  database.  This  report 
will  only  be based  on validated  data. 

the  Member  States 

to 

to 

the  Member  States 

6.  The  Commission  shall  include  the 
transmitted  data 
its  database  and 
in 
prepare  each  year  a  technical  report  on 
the  information  collected  and  shall  make 
available 
the 
updated  "results" database. 
The information  will  be accessible  to  the 
public  via  the  informatipn  system  set  up 
OJ2 
the  European 
Environment  Agency;  it  may  also  be 
supplied  by the Agency  upon  request. 
The 
information,  whether  accessible. 
supplied or included in the report, will be 
based  only on validated  data. 

Internet  bv 

the 

(Amendment No 4) 
?â) (new) 

The  Commission  shall  prepare  a  general 
report  for  the  public,  summarising  the 
the. 
and 
collected 
underlying  trends  in  air  quality  in  the 
European  Union. 

outlining 

data 

ISSN 0254-1475 

COM(96) 534 final 

DOCUMENTS 

EN 

14  15 

Catalogue  number  :  CB-CO-96-539-EN-C 

ISBN 92-78-10631-3 

Office  for Official  Publications of the European Communities 

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i