Amended 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"
Date: 1996-12-04
Institutions: European Commission
Subjects: EU environmental policy, EU programme, action programme, environmental protection, sustainable development

COMMISSION OF THE EUROPEAN  COMMUNITIES 

ii 

* 

Brussels, 04.12.1996 
COM(96) 648  final 

96/0027  (COD) 

Amended 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 Sustainabilitv" 

(presented by the Commission  pursuant to Article  189 a (2) 
of the EC-Treaty) 

Introduction 

EXPLANATORY  MEMORANDUM 

Pursuant to Article  189 (a) paragraph 2 of the EC Treaty, the Commission  submits an amended 
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" (the Fifth Environment Action programme). The amended 
proposal  takes  account  of a number  of  amendments  from  the European  Parliament,  adopted  at 
its plenary  session  on  13 November  19961. 

The  Commission  wishes  to  reiterate  and  stress  that  its prime  objective  in  putting, forward  the 
proposal  is to ensure a renewed political impulse to the implementation of the Fifth  Programme 
and  to  overall  progress  on  sustainable  development.  It  does  so  by  refocusing  priority  actions 
within the existing Programme towards key areas where the Community should take the initiative 
to overcome  obstacles to implementation  identified  in the Progress Report  and the  State of the 
Environment  Report  of  the  European  Environment  Agency.  It  was  not  intended  to  revise  or 
rewrite  the  existing  programme,  nor to set new targets  or new deadlines. 

The  overall  success  of the Programme  depends  also  on the  active participation  of  ail  actors in 
society,  including  public  authorities  in the  Member  States,  at national,  regional  or  local  level, 
public and private enterprise,  and the general public, both as citizens and consumers. By means 
of this  proposal, the Commission  wants  to ensure that the  Community  will  set an example and 
give  a lead  to  achieving  the  broad  strategy  and  objectives  of the  Fifth  Programme. 

The  Amendments 

Amendment  1 suggests.the  inclusion  in  the  sixth  recital  of  a  reference  to  the  commitments 
entered  into  at  Helsinki  in  1994.  The  Commission  recognizes  the  importance  of  these 
commitments,  but  is  of  the  opinion  that  such  a  reference  is  too  specific.  The  same  goes  for 
amendment 2 which ask for the inclusion of references to recent international developments and 
conferences. The Commission is of the opinion that a general reference to international processes 
can be  included,  avoiding  the need  for  an exhaustive  list. 

The Commission  can agree with the inclusion of amendment 3 which refers to the protection of 
human health  as one  of the objectives  of  Community  Environment  Policy  as set out  in  Article 
130 r of  the Treaty. 

The  Commission  cannot  agree  to  include  amendment  4 (and  related  to this  amendment  99) to 
include  an obligation  to  reach  the  highest  level  of environmental  protection  in  the  Union  by I 

Reference-  minutes  of  the  session  of  13  November  1996,  provisional 
edition, PE 253.832 

1 

January  1999. This issue has no direct relationship with the proposal  for the review of the  Fifth 
Programme. The Commission  has undertaken  on the basis of the Joint Declaration  on standards 
for  the  protection  of  the  environment,  health  and  product  safety,  to  review  the  "acquis 
communautaire"  and  to put  proposals  forward  where  necessary,  on which  decisions need  to be 
taken before  the end of the transitional  period,  i.e.  1 January  1999. 

Amendments  5 and  6 include  detailed  references  to the findings  of  the  European  Environment 
Agency in its updated State of the Environment  Report. The Commission considers that a simple 
reference  to the Agency's  Report  as in the original  Commission  proposal  suffices. 

In  relation  to  amendment  7  as  well  as  several  amendments  on  articles  where  deadlines  and 
targets are suggested  (for  example amendments  15, 27, 29 or 44) it is underlined that given the 
structure of the draft  Decision,  such deadlines or targets would indicate the final dates by which 
the  Community  would  need  to  decide  on  the  measures,  which  would  create  procedural 
difficulties. 

In amendment  13 it is suggested to replace the wording "priorities are" by "the Community will". 
The Commission does not consider this amendment  is appropriate. The draft  Decision  indicates 
the priority  areas  with a broad  indication of the mix of measures which would help to achieve 
the  objectives  of  the  Programme.  The  phrase  "the  Community  will"  would  be  more  legally 
binding  given  it would  prescribe  exactly  the measures  indicated,  without  being  in a position to 
develop  other  measures. 

In many amendments throughout the text (for example numbers  14, 17, 20, 44, 47 48 or 82), the 
Commission  is  explicitly  or  implicitly  required  to  put  forward  proposals  by  a certain  date.  In 
some cases the detailed  scope and content  of the measure is already  indicated. The Commission 
cannot accept these amendments because they affect  the right of initiative of the Commission as 
described  in the  Treaty.  This  Decision  should  not  become  a detailed  work  programme  for  the 
Commission.  Some  of  the  suggested  actions  may  however  form  part  of  Commission  Annual 
Work  Programmes  of  future  years. 

Other  amendments  require  changes  to the  Treaties, and  therefore  fall  outside  the  scope  of  this 
Decision.  This  is in particular  the case  with  amendment  32 which  addresses 
research  and  its funding  on  fusion  energy  (part  of the  Euratom  Treaty),  as well  as  amendment 
78 which requires environmental policy to be based on sound scientific  "research in the physical 
and social sciences", which is different  from  the Treaty text in Article  130 r par.3 which requires 
"to take into account available scientific  and technical data". In amendment  40 the Polluter pays 
principle  is mentioned,  which  is already  included  in the Treaty.  The  "user  of natural  resources 
pays  principle"  which  is  also  mentioned  is  not  known  and  not  part  of  the  Treaty.  The 
requirement  included  in amendment  40 to make projects  on tourism  financed  by  the  Structural 
Funds  subject  to  environment  impact  assessments  (EIA)  runs  counter  to  the  EIA  Directive  of 
1985 and  the provisions  included  in the  Structural  Funds Regulations  of  1993. 

^ 

In relation to the amendments dealing with the integration of the environment  into other policies, 
the  Commission  can  accept  reformulations  of  amendments  19  (on  fisheries),  28  (on  Local 
Agenda 21), 29 in part and reworded,  32  mentioning the current programmes on energy. It can 
also  largely  accept amendment  36 on persistent  organic pollutants,  but considers this should be 
included  in Article  11.7. Other  amendments however  are not acceptable,  given that  they  either 
limit  the  scope  of the  Commission  proposal  (for  example  amendment  17),  are  too  detailed  or 
specific  compared  to the  scope  of the  draft  Decision  (for  example  amendments  20 and  35), or 
unlikely  to  be  achieved  (for  example  amendment  27). 

In  relation  to  broadening  the  range  of  instruments,  the  Commission  can  accept  a  reference  to 
environmental  accounting  (amendment  43).  Amendments  44,  45,  47,  48,  and  50  are  not 
acceptable  for  the  institutional  reasons  set  out  above,  but  the  Commission  is  in the  process of 
adopting a Communication on levies and charges as well as a draft  Directive on Strategic Impact 
Assessment. 

On  implementation  and  enforcement,  the Commission  welcomes  the  inclusion  of  references  to 
openness  and  transparency  (amendment  53)  but  prefers  to  do  so  in  the  first  sentence  which 
covers  the  whole  of  Article  4.  Amendments  56,  57  and  59  cannot  be  accepted  for  the 
institutional  reasons  set  out  above. 

In  relation  to  awareness  raising,  the  Commission  can  accept  amendment  65  on  the  wider 
collection  and  dissemination  of  information  on  the  relationship  between  the  state  of  the 
environment  and  public  health. 

Concerning  Article 6 on the  international  dimension,  the Commission  can accept the  inclusion 
of  a reference  to improving  nuclear  safety  which  is the key  message of  amendment  67.  It also 
accepts  amendment  73  (without  the  references  to  specific  regions  or  cities).  Amendment  66 is 
too  detailed  and  does  not  fit  very  well  within  a  legal  text.  Amendment  76  limits  the  issue  of 
trade and environment to the WTO context only. Furthermore, the Community cannot ensure that 
WTO rules take full  account  of the need to maintain  a high  level  of environmental  protection. 

In  relation  to  Article  7,  the  Commission  can  accept  a  reference  to  the  work  of  the  European 
Environment  Agency  (amendment  78).  However,  its  future  tasks  should  be  dealt  with  in  the 
context  of  a future  revision  of  the  Regulation  setting  up the  Agency. 

Amendment  81 on Green  GNP cannot  be accepted.  The Fifth  Programme  does not provide  for 
a  Green  GNP  in  the  EU  by  1999.  It  indicates  that  economic  indicators  such  as  GNP  need 
modification  and adaptation at the initiative of the Member States and supported  by the EC. The 
1994  Communication  on  indicators  and  environmental  accounting  indicated  that  subsequent 
research  has  shown  that  the  development  of  a  "Green  GNP"  is  more  difficult  than  originally 
assumed.  As  a  result,  the  Commission  together  with  other  international  bodies  and  Member 
States'  agencies  are now  developing  satellite  accounts  as a first step  in this  direction. 

S 

As regards amendments 85 to 87, 89, 91 to 93, 97 to  101 concerning the particular  environment 
themes  (Article  11),  the  Commission  cannot  accept  these  amendments  for  the  institutional 
reasons set out above. However, some of the suggestions are likely to form  part of future  Work 
Programmes  of  the  Commission. 

Finally,  in  relation  to  amendment  102  on  the  preparation  of  a  Sixth  Environment  Action 
Programme,  the  Commission  considers  that  this  is  premature,  given  the  draft  Decision  deals 
simply  with the review  of the  Fifth  Programme  and  not  with  the period  after  this  Programme. 
The  amendment prejudges  the  right  of  initiative  of  the  Commission  to  decide  whether  a  new 
programme  is necessary  and on the procedures  it  should  follow. 

Amended  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" 

ORIGINAL  PROPOSAL 

MODIFIED  PROPOSAL 

Recital  6a (new) 

Whereas  the  review  should  also  reflect  the 
commitments 
the 
conclusions  adopted  as  part  of  various 
international  processes: 

entered 

into 

and 

Recital  6b (new) 

Whereas one of the objectives  to be  pursued 
by  Community  policy  on the environment  is 
the protection  of human  health: 

Article  2 (2.1)  after  "...international  developments",  insert  a new  paragraph 

The  Community  will  promote  sustainable 
fishing  practices, and  discourage  overfishing 
and  catching  below  the  legal  minimum 
landing  size. 

t 

Article  2 (2.2.d) 

(d)  to  promote  exchanges  of  experience 
between 
to 
sustainable  transport  initiatives; 

local  authorities 

in  relation 

local  authorities 

(d)  to  promote  exchanges  of  experience 
between 
to 
in  relation 
sustainable  transport 
initiatives,  including 
local  action-based  Agenda  21  plans  on  the 
between  public 
basis  of 
authorities  and  local  people; 

cooperation 

Article  2 (2.3.a) 

to 

support 

(a) 
the  development  and 
application of energy-saving technologies and 
practices including renewable energy sources, 
by  means  of  funding,  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; 

to 

support 

the  development  and 
(a) 
application of energy-saving technologies and 
practices including renewable energy sources, 
funding, 
co-generation,  by  means  of 
awareness-raising  and information  measures, 
and  to  develop  criteria  for  the  screening  of 
subsidy 
redress 
incentives  which  have an adverse  effect; 

in  order 

schemes 

to 

Article  2 (2.3.e)  (new) 

(e)  to  reinforce  existing  measures  under  the 
SAVE.  ALTENER,  THERMIE  and  JOULE 
programmes and to place greater emphasis on 
economic  management  instruments; 

Article  3 (3.1.e)  (new) 

e) environmental  accounting: 

> 

Article 4 

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

enforcement 

and 

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

Article  5(e)  (new) 

to collect and disseminate widely  information 
and  knowledge  concerning  the  link  between 
the  state  of  the  environment  and  human 
health; 

Article  6 (6.1.a) 

(a)  to  further  develop  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; 

(a)  to  further  develop  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, and to improve nuclear 
technical  and 
safety  on 
administrative  cooperation  and 
financial 
support; 

the  basis  of 

Article  6 (6.3.h)  (new) 

(h)  to  cooperate  on  improving  safety  in  the 
nuclear  reactors  in the  region; 

$ 

Article 7 

that 

The  Community  will  ensure 
its 
environmental policy is based on reliable and 
comparable  data, statistics and  indicators, on 
information  and  on  an 
sound  scientific 
assessment of the costs and benefits of action 
or the  lack  of  action. 

that 

The  Community  will  ensure 
its 
environmental policy is based on reliable and 
comparable data, statistics and  indicators, on 
information  and  on  an 
sound  scientific 
assessment of the costs and benefits  of action 
or the  lack of  action. 

The  European  Environment  Agency  will 
continue to play a key role in monitoring and 
reporting  on environmental  developments  in 
the Community's  environment. 

Article  11 (11.7.e)  (new) 

(e) to  promote the  phasing  out  and 
prohibition  of  persistent  organic  pollutants 
(pops) which have a deleterious effect  on the 
environment  or  health,  where  environment-
friendly  alternatives  exist. 

^ 

ISSN 0254-1475 

COM(96) 648 final 

DOCUMENTS 

EN 

14 

Catalogue number  : CB-CO-96-649-EN-C 

ISBN 92-78-13097-4 

Office for Official  Publications of the European Communities 

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