Proposal for a Council Regulation (EC) amending Regulation EEC No 1210/90 of 7 May 1990 on the establishment of the European Environment Agency and the European environment information and observation network
Date: 1997-06-13
Institutions: European Commission
Subjects: European Environment Agency, environmental monitoring, environmental protection, information network, information system

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  13.06.1997 
COM(97) 282  final 

97/0168 (SYN) 

Proposal for a 

COUNCIL REGULATION (EC) 

amending Regulation EEC  No 1210/90 of 7 May  1990  on the establishment of the European 
Environment Agency and the European environment information and observation network 

(presented by the Commission) 

Explanatory  Memorandum 

1.  INTRODUCTION 

Article 20 of the EEA  Regulation  1210/90 requires  Council, on the basis of a report  from 
the  Commission  which  contains  'appropriate  proposals',  to  decide  on  further  tasks  for  the 
Agency 
in 
implementation  of Community  environmental  legislation, environmental  labels,  promotion 
of environmentally friendly  technologies and criteria for environmental  impact assessment). 

'in  particular',  but  not  exclusively, 

in  four  new  areas  (association 

In  1995, following  the  proposal  of  the  Commission1  and  a  resolution  from  the  European 
Parliament2,  the  Council3  agreed  that  a decision  on the  allocation  of new  tasks  should  be 
postponed  for  two  years  following  the  time  required  for  recruitment  and  achieving  full 
operational capacity. 

This Communication is based on the following premises: 

i. 

the objectives  of the Agency, which are to provide the Community and Member  States 
with objective, reliable and comparable  information  at European  level to allow them to 
take the requisite policy measures, to make assessments of existing policies and to keep 
the public  informed; 

ii.  an evaluation of progress made; 

2.  EVALUATION OF PROGRESS IN PERFORMING ITS ASSIGNED TASKS 

2.1  Main  Achievements 

The European Environment Agency has made a positive start and in its first  full  two years, 
it has made the following main achievements: 

•  publication  of  reports  on  the  state  of  the  environment  in  1995,  the 

'Europe's 
Environment  - the Dobris Assessment'  and the report contributing to the Review of the 
5th Environment Action Programme; 

• 

• 

establishment of a basic network ("EIONET") across member states for the gathering of 
environmental  information; 

establishment  of the first eight European Topic Centres and the publication of their  first 
products; 

1 Com (95) 325  final.  7/7/1995 
2  Resolution  A4_234/95,  OJ C287  of 30.10.95  p. 233 
3  Council  conclusions  adopted  9/11/95, doc.  11175/95 (Press  310) 

z 

•  completion of CORINAIR 90 and 94 reports on air emissions; 

•  publication of the reports on the Arctic environment, Health and environment, Climate 
Change  and  Environmental  taxes,  ozone  episodes,  and  of  European  Topic  Centre 
reports; 

•  dissemination of products and information. 

The  Agency  has  thus  succeeded  in  making  a  positive  start  on  what  is  a  difficult  and 
ambitious mandate. The first step in the review process is to examine this mandate and the 
progress made by the Agency in achieving the various tasks assigned to it. 

2.2  Current tasks 

The Agency  Regulation  (Article  2) describes ten tasks  for  the Agency  which  should be 
undertaken for the achievement of its objective to provide comparable, reliable and up to 
date information on the environment. Table 1 "contains an analysis of the progress made by 
the Agency in fulfilling  these tasks. 

Table 1  - progress bv the Agency in fulfilling  its current tasks 

Task 

Progress 

i 

ii 

iii 

to establish in co-operation with the Member States 
and co-ordinate the network [for gathering 
information] 

Generally progress has been made since the initial 
configuration  of the network in 1994 when some 500 
main component elements were  identified. 
Establishment of 8 Topic Centres to support tasks ii, iii, 
iv, v and vi. 
Some work is still required at national level to ensure 
adequate resourcing of institutions involved. 
Commission funding  (IDA Programme) was granted for 
the telematics links between National Focal Points. 

to provide the Community and Member States with the  This work requires a base of information from the 
objective information  necessary for framing and 
implementing sound and effective  environmental 
policies 

Agency network, which is in many cases at an early 
stage.  However, the updated report on the state of the 
environment prepared for the Review of the 5th 
Environmental Action Programme was one good quality 
product which illustrated the Agency's potential in this 
area  Other examples include the annual Ozone 
Directive Report. 

to record, collate and assess data on the state of the 
environment, to draw up expert reports on the quality, 
sensitivity and pressures on the environment within the 
territory of the Community, provision of uniform 
assessment criteria 

The Agency has made progress on data on air quality, 
air emissions and land cover. On Inland Waters, major 
steps have been taken to put a monitoring programme 
into place and the first data are now emerging. In other 
areas, until the appropriate Topic Centres are in place 
and national monitoring activities in support, the 
Agency must largely rely on data from other sources 
(National, exchange of information, OECD etc) Several 
Expert Reports are planned for  1997. 

3 

iv 

v 

vi 

to help ensure that environmental data at European 
level are comparable and, if necessary, to encourage by 
appropriate means improved harmonisation of methods 
of measurement 

to promote the incorporation of European 
environmental information  into international 
environment monitoring programmes such as those 
established by the UN 

to ensure the broad dissemination of reliable 
environmental  information.  In addition, the Agency 
shall publish a report on the state of the environment 
every three years. 

vii 

to stimulate the development and application of 
environmental forecasting techniques 

This is a key task. The Topic Centres on Air Emissions, 
Inland Waters and Nature Conservation have been able 
to establish agreed guide-lines for data collection. Air 
Emissions standards have been applied for the 1994 
Corinair exercise; Inland waters in mid  1996 and Nature 
Conservation by end  1996. Other Topic Centres, on 
Marine & Coastal environment, Soil and Land Cover 
have been established. 
Co-operation with JRC on quality control and assurance 
on air, water, soils and land cover. 

The Agency has established memoranda of 
understanding with WHO, UNEP and UNECE. 

Efforts  have been made on dissemination despite an 
unavoidable emphasis in these first years of building up 
capacity. The Dobris assessment has had an impact and 
the Agency has succeeded in making  information 
widely available through the World Wide Web. 
In 1995, the Agency edited and published the report 
'Europe's Environment: The Dobris Assessment' and 
produced the report contributing to the Review of the 
5th EAP. Together these were accepted as the triennial 
"State of the Environment" report. 

Preparatory work has been undertaken  in this area on 
the development of scenarios (Programme 7). A study 
on guide-lines for data collection on the costs of 
environmental protection measures has been initiated 
Only limited budget until now, with a greater effort  in 
1997. 

viii 

to stimulate the development of methods of assessing 
the cost of damage to the environment and the costs of  first  contract to compile an inventory of resources has 
environmental  [policies] 

Preparatory work has been undertaken in this area and a 

been awarded to a consultant. 

ix 

to stimulate the exchange of information  on the best 
technologies 

A report has been commissioned to act as the beginning 
of a 'clearing house' on such information. This report is 
expected in 1997. 

x 

to co-operate with [JRC, Eurostat, OECD etc] 

This work has generally progressed well and agreements 
have been signed with these three institutions. Good co 
operation with other DGS, notably DG1A (PHARE) 
DGXII and XIII. 

2.3  Areas of work 

The Agency Regulation (Article 3) describes the principal activities of the Agency as work 
enabling them to gather information on the quality of, the pressures on and the sensitivity of 
the environment. This information  should be gathered on eight areas and a first analysis of 
progress is illustrated in Table 2. This concludes that progress has been recorded in all eight 
that  the  Agency  needs  to  build  on  the  preliminary  work  and  launch  more 
areas  and 
intensive activities in the areas of waste, noise, forests and chemicals. Those areas not yet 
started  have  been  assigned  a  lower priority  by the Agency's  Management  Board  in the 
implementation of the Work Programme. 

«/ 

Table  2 - Summary  of progress  on  areas  of  work 

Air quality and atmospheric emissions 

Area 

Water quality, pollutants and water resources 

State of work, progress 
Work of CORINAIR was transferred  to Agency 
and  the  figures  on  air  emissions  (greenhouse 
gases  and  other  pollutants)  for  1990  and  1994 
produced. 
Topic Centres on Air Quality and Air Emissions 
were  established 
in  1994.  Generally  good 
progress and a series of reports and databases  is 
available. 

A  Topic  Centre  on 
Inland  Waters  was 
established  in  1994 and  in mid  1996 agreement 
was reached on a EU-wide monitoring system. 
The  first  data  is  now  being  collected.  A  first 
report  was  made  available  at  end  of  1996  on 
large rivers. 

State  of  the  soil,  of  the  fauna  and  flora  and  of  A Topic Centre on Soil Quality was  established 
biotopes 

in mid  1996 and is at an early stage. 
The  Topic  Centre  on Nature  Conservation  was 
established  in  1994  and  useful  work  has  been 
done  in  supporting  Natura  2000.  The  Topic 
Centre is developing a database and  Information 
System  on  fauna  and  flora  species  and  the  first 
report on the system methodology and operation 
has  been  produced.  This  will  allow 
the 
beginning of data collection. 
Preliminary  work  has  begun  on  data  on  forests 
and  a  workshop  convened  to  examine  the 
feasibility  of a topic centre. 

Land use and natural resources 

Waste management 
Noise emissions 

Chemical substances 

Coastal Protection 

The  Topic  Centre  on  Land  Cover  was 
established  in  1995  and  has  taken  over  the 
CORINE  Programme.  Data  on  land  cover  is 
now being made available. 
A Topic Centre will be launched in 1997. 
A  Scoping  Study  is  underway  with  a  possible 
Topic Centre in future. 
Preliminary  work  has  been  done,  principally  a 
study  on  Risk  Assessment  and  a  Workshop  on 
Endocrine Disruptors. 
The  Topic  Centre  on  Marine  &  Coastal 
1994. 
Environment  was 
Organisational 
the 
difficulties 
consortium  have  meant  that  it  is  only  recently 
fully  operational.  The  first  reports  are  expected 
in mid  1997. 

in 
within 

established 

<r 

2.4  Overall  assessment 

From the above tables, it can be seen that the Agency has made significant progress and this 
can be seen from the first reports. However, it is also apparent that it is still at the beginning 
of  its  work  in  terms  of  mobilising  the  national  networks  so  as  to  be  able  to  furnish 
information on the various environmental areas. 

3.  SUMMARY  OF STATUS OF AGENCY 

a)  The Agency's role and key task remains the provision of environmental  information 

and reporting on the present and foreseeable state of the environment. 

b)  The Agency has made a promising start in establishing its network and there has been 
a  generally  good  response  at national  level.  However,  the Agency  is  limited  by the 
ability  of the national  networks to deliver the information  required  and some  work, 
involving  the  Agency,  the  Community  and  Member  States,  is  still  required  to  re 
inforce this infrastructure. 

c)  The  Agency  has  started  to  provide  the  European  Institutions  with  integrated 

environment information overviews. 

d)  The Agency  has made progress,  in particular in the provision  of  information  on air 
quality and atmospheric emissions. In  the remaining seven areas of work specified in 
the Regulation, the Agency is starting to make an impact. 

4.  NEW  TASKS 

The analysis  of the Agency's  performance  and status indicates that in general  it  would 
not be appropriate to add major new tasks at this stage in its development. However, the 
tasks  cited  in  Article  20  of  the  Regulation  require  specific  consideration  and,  in 
particular, attention to ensure no duplication of effort. 

4.1  Tasks cited in Article 20 

4.1.1  Support to implementation 

The  Agency  tasks  (Article  2),  especially  task  iii,  already  include  support  to  the 
implementation  process  through  the  provision  of  information  to  particularly  the 
Commission, and also the Community as a whole and Member States. This task remains at 
a preliminary stage, with the 1995 Report on the state of the environment for the Review of 
the  5th  Environment  Action  Programme  serving  as  a  good  example  of  this work.  The 
Agency can develop this work even further by providing the essential information required 
by the parties concerned. 

The Agency's  role in providing appropriate support on the Reporting Directive  and other 
Directives with a reporting element should be included as a specific task. 

The Agency  can give  further support to the Commission and Member States through the 
provision  of  periodical  reports  containing  peer  reviews  and  advice  concerning  the 
monitoring of environmental measures in particular Member States. Such reports would be 

€ 

undertaken on the request of the Commission or Member States and would be assessments 
of the situations observed. 

Support to implementation could also encompass assistance to and co-operation with the 
IMPEL network. 

4.1.2  Eco-labelling (criteria setting) 

A separate body to manage eco-labelling is envisaged in the Commission proposal for the 
revision of the Regulation 880/92 (COM96/603). However, a role for the Agency in eco-
labels seems to be unsuitable as it would be inconsistent with the Agency's principal role as 
an objective  and effective  provider  of information  on the  state of the environment  as it 
would risk unwelcome commercial pressures as well as diversion of the Agency from its 
key tasks. 

4.1.3  Environmentally friendly technologies 

Task  (ix)  in  Article  2  of  the  Regulation  already  deals  with  stimulating  information  on 
environmentally friendly technologies. An extension of the task from dissemination  to a 
major  source of know-how would duplicate similar activities by other Institutions, eg the 
JRC, and for this reason, it would be preferable for the Agency to concentrate and enhance 
their dissemination role. 

4.1.4 Environmental impact assessment 

Article 11 of Directive 85/337/EEC, amended by Directive 97/11/CE, deals with exchange 
of  information  on  the  experiences  in  applying  environmental  impact  assessments,  with 
mechanisms  established  for  exchange  of  information  and  follow-up.  The  Agency  could 
play  a useful  role in offering  support to the Commission  in the process  of exchange of 
information and development of environmental impact assessment. 

4.2  Other new tasks 

The Agency already has tasks dealing with information dissemination and this task could 
be broadened in a number of ways. 

• 

the provision of a European Information Reference Centre on the environment would 
be a natural  extension  of the Agency's  work  in  storing  and making  environmental 
information  available. It would  build  on the reference  library  and virtual  European 
environmental library that are already in place; 

•  promotion  of  the  World  Wide  Web  and  Information  Society  technologies  for 
diffusion  of  information  would  complement  the  work  started  by  the  Agency  and 
would be a practical application for the IDA funded network being established by the 
Agency; 

• 

the diffusion  of  information  on environmental  research  which has policy  relevance 
would again be a useful service and would build on work already started; 

* 

5.  FINANCIAL IMPLICATIONS OF THE NEW TASKS 

The proposed  new tasks  fall  within the current  scope  of the Agency's  current  work  and 
mandate,  and  basically  confirm  work  which  has  already  started  at  the  demand  of  the 
Agency's clients. 

The allocation of budget to the various tasks is undertaken  by the Management  Board  of 
the  Agency  based  on  a  Work  Programme  which  derives  from  the  tasks  outlined  in  the 
Regulation. As tasks in the Work Programme are completed, budget is made available  for 
other  tasks  not  yet  started.  It  will  be  for  the  Agency  and  its  Management  Board  to 
determine  the  allocation  of  the  annual  budget.  As  the  proposal  does  not  involve  any 
major  change to the Agency's mandate, no new resources are foreseen  above and  beyond 
any  changes  which  arise  from  the  annual  determination  of  the  Agency  budget.  In  any 
case, as existing  tasks  are completed  resources  will  be made  available  for  new  or  as  yet 
unstarted tasks. 

6.  OTHER CLARIFICATIONS TO THE REGULATION 

6.1  Article 2 (vi) - State of the Environment  Report 

A report  every five years, supplemented  by annual  indicator reports, would  better  reflect 
the pace of change in the state of the environment. 

6.2  Article 4 - The Network 

Article 4.2  should  include an obligation on Member  States to keep the Agency  informed 
of  developments  and  changes  in  the  network.  The  Regulation  should  also  specify  that 
Member  States  'need to co-operate  with the Agency  to  ensure the collection,  processing 
and analysis of data at national level. 

Article 4.5  stipulates that topic centres should be designated  by a unanimous  decision  of 
the  management  board.  In  practice,  this  has  been  an  unwieldy  procedure  which  has 
contributed  to  delays  and  difficulties  with  the  appointment  of  topic  centres.  Unanimity 
should  be  replaced  by  the  normal  voting  procedure,  a two-thirds  majority.  It  should  be 
noted  that  the  qualified  majority  formula  is  not  applicable  as  the  management  board 
consists of voting members from the Commission and the European  Parliament. 

6.3  Article 8 - Management Board 

The Agency  is open to countries within the European Union and the EFTA signatories to 
the  European  Economic  Area  (Norway,  Iceland  and  Liechtenstein).  The  European 
Economic  Area  Joint  Committee  Decision  11/94  of  12/8/94  provides  for  EFTA/ 
European Economic Area states' full participation in the European Environment  Agency, 
the  European  Environment  Information  and  Observation  Network,  as  set-up  in  Council 
Regulation  (EEC)  1210/90. The  EFTA  European  Economic  Area  states are  contributing 
financially  to  the  Agency  activities.  The  EFTA/  European  Economic  Area  states 
participate  fully,  without  the  right  to  vote,  in  the  Agency  Management  Board  and  are 
associated with the work of the Scientific  Committee of the Agency, without prejudice  to 
the outcome of any future  discussions concerning the granting of such voting rights. Both 
sides consider this close co-operation very satisfactory. 

» 

Article  8.1  should  be  amended  to  allow  representatives  on the management  board  from 
the EFTA-European Economic Area countries which are members of the Agency. 

Article  8.2  should  have  an  additional  sentence  which  confirms  the  appointment  and 
function  of the  'Bureau', which is a small executive committee of the management  board 
which is able to act on behalf of the board when necessary. 

Article  8.3  should have the reference  to Article 4.5 removed  as it is proposed  that  Topic 
Centres be appointed on the basis of the usual voting rules for the Management  Board. 

The last sentence of Article  8.4 refers to the establishment  of the  'first  multiannual  work 
programme' and this should be deleted. 

6.4  Article 10 - Scientific  Committee 

Experience  has  shown  that  there  is  no  need  to  specify  the  size  of  the  Scientific 
Committee  and  it  would  be  preferable  to  give  discretion  to  the  Management  Board  to 
appoint members  of this committee  as required. The reference  to  'nine'  members  should 
therefore be deleted. 

6.5  Article 15 - Co-operation with Third Countries 

The  trans-boundary  nature  of  many  environmental  issues  means  that  the  Agency  needs 
information from third countries. This is reflected  in their work in the Mediterranean and, 
especially,  with  Central  and  Eastern  Europe  where  following  the  Ministers'  Declaration 
at Sofia  Conference  the Agency  was charged  with producing  an updated  version  of their 
report,  "Europe's  environment  - The  Dobris  Assessment'.  The  Agency  is  also  working 
closely with PHARE to replicate its network and data gathering activities in the region. 

In the Regulation there is provision for third countries to formally join the Agency via the 
procedures  foreseen  by Article 228 of the Treaty. However,  in  1995, Council  concluded 
that  in  addition  to  formal  adhesion  there  was  a need  to  allow the  Agency  to  co-operate 
with institutions in third countries. Such co-operation would be for the collection  of data 
needed for  the Agency's  Work Programme, typically  on issues of cross border  pollution. 
This conclusion is reflected  by a new clause in the Regulation as follows: 

"The  Agency  may  co-operate  in  areas  of  common  interest,  with  those  Institutions  in 
countries which are not members of the European  Communities which can provide  data, 
information  and  expertise,  methodologies  of  data  collection,  analysis  and  assessment, 
which are of mutual interest and which are necessary for  the successful completion of the 
Agency's  work. " 

6.6  Article 20 - Progress Review 

A  further  review  of  the  progress  achieved  by  the  Agency  and  the  tasks  it  undertakes 
should  be conducted  by the  end  of 2003, co-inciding  with the timetable  foreseen  for  the 
revision  of the Agency's  multi-annual  work  programme. This review will  be based  on a 
report from the Commission to Council who will make a further  decision on the need  for 
any changes to the Regulation. 

The  SEM  2000  initiative  recommends  that  every  six  years  all  Community  programmes 
their  performance  and  cost-efficiency.  This 
be  subject 
Communication  makes  an  analysis  of  the  performance  to  date  but  with  the  purpose  of 

to-  an  evaluation  of 

<X 

defining  the context  for  the allocation of new tasks. A  full  ex-post  evaluation  should  be 
conducted by the Agency in  1999 to meet the requirements of SEM 2000. 

6.7  Annex 

Eurostat and the Agency have built up a highly satisfactory  working relationship and this 
should  be  reflected  by  a  clarification  to  the  Annex  which  defines  the  legal  basis  for 
Eurostat's operations, particularly in environment statistics. 

7.  SUBSIDIARITY 

By its very nature, environment has a trans-boundary nature. The European  Environment 
Agency  is  charged  with  the  provision  of  reliable  and  comparable  information  on  the 
environment  which  wili  facilitate  policy  making  at  the  European  level.  Data  collection 
remains  a  national  responsibility  but  the  Agency  works  closely  with  the  national 
networks to ensure consistency and standardised approaches. 

8.  COHERENCE WITH OTHER COMMUNITY POLICIES 

The Agency's  principal  task  is to  furnish  information  related  to  environmental  policies. 
However,  where  its  work  touches  on  other  policies,  eg  research,  it  works  in  close 
consultation with the other Directorates concerned. 

9.  EXTERNAL CONSULTATIONS 

The  Commission  proposal  follows  full  consultation  with  the  European  Environment 
Agency and its Management Board, and the Environmental Policy Review Group. 

10. TEXT OF THE REVISED REGULATION 

A draft proposal for a Council Regulation amending Regulation  1210/90 is appended. 

^A.Ç> 

Proposal for a 

COUNCIL REGULATION  fKC) 

amending Regulation EEC No 1210/90 of 7 May 1990 on the establishment of the European 
Environment Agency and the European environment information and observation network 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in particular  Article 
130s paragraph 1 thereof, 

Having regard to the proposal from the Commission^, 

Having regard to the opinion of the Economic and Social Committee^, 

Having regard to the opinion of the Committee of the Regions^, 

In accordance with the procedure laid down in article 189c of the Treaty, 

Whereas  Regulation  1210/90/EEC^  established  the  European  Environment  Agency  and  the 
European  environment  information  and  observation  network;  whereas  Article  20  of  that 
Regulation required a decision by Council on whether to add new tasks to the Agency two years 
after  the coming into force of the Regulation; whereas Article 21 stipulated that the Regulation 
would come into force on the day following that on which the competent authorities decided on 
the seat of the Agency, this decision being taken on 29 October 1993**; 

Whereas  following  the  proposal  of  the  Commission  and  a  resolution  from  the  European 
Parliament,  the  Council  agreed  that  a  decision  on  the  allocation  of  new  tasks  should  be 
postponed for two years following the time required for the  appointment of staff by the Agency 
and the subsequent implementation of the Work Programme; 

Whereas the European Environment Agency has made good progress in the achievement of its 
objectives  and  the  completion  of  its  tasks,  including  the  establishment  of  the  European 
information and observation network; 

Whereas the tasks and the areas to address are wide and require both consolidation of the work 
already undertaken and further  effort; 

Whereas the Agency has a primary role as a repository and provider of objective, reliable and 
comparable information on the state and trends of the environment; 

6 

7O J N oL  120,  11/5/90, p. 1 

8  OJ No C 323,  30/11/1993 p. 1 

yH 

Whereas  it  is  considered  that  any  new  tasks  allocated  to  the  Agency  should  complement-and 
enhance  its primary role; 

Whereas the  organisation  and  structure  of  the  Agency  and  its mechanisms  need  to  be  improved 
and clarified,  in line with the experience of its first years of operation; 

Whereas  the  Agency  may  co-operate  with  institutions  in third  countries  in  order  to  obtain  data 
necessary for the completion  of the work  programme; 

Whereas  future  reviews  of the  Agency's  performance  and  tasks  should  co-incide  with  the  cycle 
of its five-yearly  multi-annual  work  programme; 

HAS ADOPTED THIS  REGULATION 

Article 1 

Regulation  1210/90/EEC is hereby amended  as  follows: 

1. Article 2 is modified  as follows: 

a. Paragraph  (ii)  is replaced  by the  following: 

"(ii)  to  provide  the  Community  and  the  Member  States  with  the  objective  information 
they  require  for  framing  and  implementing  sound  and  effective  environmental  policies; 
to that end,  in particular to provide the Commission  with the  information  that  it needs to 
be  able  to  carry  out  successfully  its  tasks  of  identifying,  preparing  and  evaluating 
measures  and  legislation  in  the  field  of  the  environment.  The  Agency  shall  assist  the 
monitoring  of  environmental  measures  through  appropriate  support  for  reporting 
requirements,  and  through  peer  reviews  and  advice,  as  required  by  the  Commission  or 
on  the specific  request of a Member State; 

b.  In  Paragraph  (iii)  the  phrase  "to  establish  a  repository  of  information  on  the  environment,'' 
shall be inserted at the beginning. 

c. Paragraph  (vi) is replaced  by the  following: 

'"(vi) to publish  a report  on the state of  the environment  every  five  years,  supplemented 
by annual  indicator  reports;" 

d. New paragraphs (xi) to (xiii) are inserted as follows: 

"(xi) to ensure the  broad  dissemination  of  information  on the state of the environment  to 
the general  public  and, to this  end, to  promote  the  use of new telematics  technology  for 
this purpose; 

(xii)  to  support  the  Commission  in  the  process  of  exchange  of  information 
development of Environmental  Impact  Assessments; 

and 

(xiii) to assist the Commission  in the diffusion  of information  on environmental  research 
which  has a policy  relevance." 

2.  In Article 4 the following  modifications  shall  be made: 

a. The following  is added  as a second  sub-paragraph  to Paragraph 2: 

'"Member  States  shall  keep  the  Agency  informed  of  the  main  component  elements  of 
their  national  environment  information  networks.  The  Member  States  shall  co-operate 

At 

with  the  Agency  in  order  to  ensure,  at  national  level,  the  collection,  processing  and 
analysis of data as part of the work developed  by the European Environment  Information 
and Observation Network  in respect of the work programme of the Agency." 

b.  In paragraph  5, the phrase "a unanimous decision of the members of  shall be deleted. 

3.  Article 8 shall be modified  as follows: 

a. The following  is added to the end of the first sub-paragraph  of paragraph  1;; 

" 1.  ,  and  one  representative  of  each  EFT A/European  Economic  Area  State  which 
participates in the Agency as provided for  in the European Economic Area  agreement." 

b. The following  is added to the end of paragraph 2: 

"The  management  board  shall  elect  a  bureau  to  which  it  may  delegate  executive 
decisions.  The  executive  bureau  shall  consist  of  the  Chairman  and  vice  chairmen,  a 
representative  of the  Commission  and one of the members designated  by  the  European 
Parliament." 

c.  In  paragraph  3,  the  phrase,  "except  in  the  case  referred  to  in  the  second  sub-paragraph  of 
Article 4 (5)" shall be deleted. 

d. In paragraph 4, the last sentence shall be deleted. 

e. In paragraph  6, the word  'January'  shall be replaced by  'March'. 

4.  In Article  10, paragraph 2, the word "nine' shall be deleted. 

5.  In Article  15, the following new paragraph 2a shall be inserted: 

"2a. The Agency  may  co-operate  in areas of common  interest with  those  Institutions  in 
countries which are not members of the European Communities  which can provide data, 
information  ano  expertise,  methodologies  of  data  collection,  analysis  and  assessment 
which  are  of  mutual  interest  and  which  are  necessary  for  the  successful  completion  of 
the Agency's work." 

6.  Article 20 shall be replaced by the  following: 

" 1. Not later than 31/12/2003, on the basis of a report from  the Commission, the Council 
shall review the progress of and tasks undertaken by the Agency. 

2.  The  Agency  shall  conduct  an  evaluation  of  its  performance  and  efficiency  before 
October 31st  1999 and submit a report to the management board and  Commission." 

7. Annex B, paragraphT, shall be replaced by the  following: 

"The  Agency  will  use,  as  far  as  possible,  information  collected  via  the  official 

Community  statistical  system  as  established  under  Council  Decision  96/xxx^.  These 
result  from  the  work  of  Eurostat  and  the  national  statistical  services  in  collecting, 
validating  and  disseminating  social'and economic  statistics,  including  national  accounts 
and  related  information.  In  particular,  the  Agency  will  make  use  of  work  done  by 

9 Awaiting publication in the OJ 

-13 

Eurostat  and  the  national  statistical  offices  under  Council  Decision  94/808/EEC, 
covering  statistics on (a) human activities  resulting  in pressure on the environment and 
(b) societal and economic responses to such pressures." 

Article 2 

This Regulation shall enter into force on the day of its publication  in the Official  Journal of the 
European Communities. 

This Regulation shall be binding in its' entirety and directly applicable in all Member States. 

Done at Brussels, xx/xx/1997 

For the Council 

The President 

A<-[ 

1. Title of Action 

Financial Statement 

Draft  Council Regulation amending Regulation EEC No  1210/90 of 7 May  1990 on the 
establishment  of  the  European  Environment  Agency  and  the  European  environment 
information and observation network 

2. Budget line concerned 

B4-3101. 

3. Legal base 

Council  Regulation  (EEC)  No.  1210/90  of  May  7th  1990 on the  establishment  of  the 
European  Environment  Agency  and  the  European  environment  information  and 
observation network (OJ No. L 120 of 11.5.1990, pi). 

Decision taken by common Agreement between the Representatives of the Governments 
of the Member States, meeting at Head of State and Government level, on the location of 
the seats of certain bodies and departments of the European Communities and of Europol 
OJ No C 323, 30/11/1993 pi. 

Council Conclusions of October 6th 1995 on the development and implementation of the 
European Environment Agency, reference  11147/95, Env 272 of October 30th 1995. 

4. Description of the Action 

4J  General Objectives 

The  Agency's  objective  is  to  provide  the  Community  and  the  Member  States  with 
objective,  reliable  and  comparable  information  at  European  level.  This  to  enable  the 
Community and Member States to take the requisite measures to protect the environment, 
to assess the results of such measures and to ensure that the public is properly  informed 
about the state of the environment. 

The  Agency's  core  tasks  involve  gathering  quality  information  on  the  quality,  the 
pressures and the sensitivity of the environment. The state of the environment report is a 
key deliverable for the presentation of this information. 

The  objective  of  the  annual  subventions  to  the Agency  is  to  assure  the  functions  and 
operational projects of the Agency and its network. 

4.2 Duration 

The action is foreseen  to continue indefinitely  and for  at least the  following five years 
before a further  assessment is made of the progress'made and the tasks to be undertaken. 
The action will be financed by annual subventions. 

A<Ç 

5. Classification  of expenditure/receipts 

Non obligatory expenditure, differentiated  appropriations. 

6. Type of expenditure / receipts 

100%  subvention,  plus  contribution  from  EFT A/European  Economic lArea  states  and 
own receipts. 

7. Financial implications for operations 

The  proposal  for  amendment  to  the  Regulation  takes  the  1997 budget  of  16.5  Mecu 
subvention plus 0.2 Mecu funding from other sources and assumes that this amount will 
be relatively  stable, increasing (or decreasing) on an annual basis in line with, inflation. 
This  budget  is  divided  into  three  titles  (staff,  adminstration  and  operations  of  the 
Agency). 

Breakdown of costs 1996-2002 

The  annual  budget  of  the  Agency  is  divided  into  three  titles.  The  provision  for  the 
forthcoming years is as follows: 

Kecu 

Description 

1996 

1997 

1998 

1999 

2000 

2001 

2002 

1 

2 

3 

Staff 

5,363 

5,300 

5,600 

Administration 

2,148 

2,900 

2,900 

Operations 

7,260 

8,500 

8,200 

Total 

14,771 

16,500 

16,700 

Community 
Contribution 

14,500 

16,500 

16,500 

16,800 

17,150 

17,500 

17,850 

The staffing  levels are expected to remain stable at the  1997 levels. As the bulk of the 
operational  work  is  out-sourced,  increases  in  the  operational  budget  will  not  require 
significant  extra staffing  resources. This means that the bulk of annual increase shall be 
taken by the operations budget. 

The staffing  at the Agency to undertake this work is as follows: 

AG 

to 31.1 
Authorised 
1 
0 
5 
19 
13 
15 
2 
55 

2.1996 

Recruited 
1 
0 
4 
17 
10 
14 
2 
48 

to 01.03.1997 
Recruited 
1 
0 
5 
18 
13 
14 
2 
53 

to 31.12.1997 
Foreseen 
1 
1 
5 
21 
15 
17 
2 
62 

to 31.12.1998 
Foreseen 
1 
1 
5 
21 
15 
17 
2 
62 

A2 
A3 
A4/5 
A6/7 
B 
C 
D 
TOTAL 

Figures subject to annual promotion exercise. 

Operations 

In the  1997  budget,  the  operations  are broken  down  into  ten  elements,  corresponding 
with the ten programmes of the Work Programme, these are as follows: 

Comments 

This contributes to the 
triennial report on the state of 
the environment, a key 
deliverable for the Agency. 

A priority area for the Agency 
as far as the Commission is 
concerned 
A priority area for the Agency 
as far as the Commission is 
concerned, and this area 
should increase in importance. 

An area of low priority as far 
as the Commission is 
concerned. 
This area is important for 
building the Agency network 
but should level off and 
decline as capacity is 
developed. 
Costs built into other areas 

Budget 
(Kecu) 
175 

800 

300 

J 

Programme 

# Projects 

4 

4 

4 

1 1. Dissemination and pooling of information 
and knwo-how 
2. Reports on the state of the environment 

3. Guide-lines for reports, assessments, data 
processing of special interest at European 
level 
4. Media oriented monitoring; assessment of 
the state and trends of the environment 

5. Source oriented monitoring 

6. Integrated environmental assessment -
problems, areas and sectors 
7.  Scenarios for environmental improvement 
8. New instruments and challenges for 
environmental policy, development and 
implementation 
9. Capacity building in the functions of EEA 
and EIONET 

14 

2275 

4 

4 

2 
2 

800 

350 

275 
150 

17 

1775 

10. Exchange and dissemination of 
information 

5 

na 

A* 

Implications of enlargement 

It is useful  to examine the Agency's  sphere of operations which already  extends  beyond 
the EU15 and which involves multiple sources of financing: 

Geographical area 

Source of finance 

Tasks and mandate 

PHARE countries 

Co-operation with the  PHARE  PHARE activities include 
Programme which finances 
projects in these countries (7.5 
Mecu in  1996) and 3 staff 
located at the Agency  offices. 

monitoring work and establishment 
of a network. 

Agency financing of work 
related to the pan-European 
state of the environment 
reporting. 

Ministers' Declaration at the 1995 
Sofia Conference requesting an 
update of the Agency's report 
'Europe's environment - the Dobris 
assessment'  for the Aarhus 
Conference  in  1998. Also a 
requirement of DGXI that the 
Agency state of the environment 
reports for the European Union 
include material covering the 
PHARE countries, as part of the 
preparations for enlargement 

TACIS countries 

Co-operation with the TACIS 
Programme to support reporting 
activities in these countries 

Agency financing  of work 
related to the pan-European 
state of the environment 
reporting. 

Ministers' Declaration at the 1995 
Sofia Conference requesting an 
update of the Agency's report 
'Europe's environment - the Dobris 
assessment'  for the Aarhus 
Conference  in 1998. 

8. Anti-fraud  measures  foreseen 

The  Financial  Controller  (DGXX)  makes  regular  checks  on  the  various  transactions 
carried  out  by  the  Agency  and  supports  this  with  visits  to  the  Agency.  The  Court  of 
Auditors makes an annual report on the Agency accounts. 

Internal administration 

The  Agency  has  adopted  a  structure  which  separates  the  various  financial  functions  as 
follows: 

X§ 

•  Authorising  officer  and  Accounting  officer  are  posts  occupied  by  different  staff 

members. 

•  Financial controller - DGXX. 

•  ACPC of the Agency 

Outsourcing 

As has  already  been  remarked,  the bulk  of  the  Agency  operations  is  outsourced.  The 
Agency's Financial Regulation  is based on that of the Commission  and the same rules 
vis-à-vis Calls for tender are applied, except in the case of the European Topic Centres. 
These  institutions,  which  receive  annual  subventions,  are  responsible  for 
the 
implementation of programmes 4 and 5 (media and source monitoring). They are selected 
via  a restricted  Call  for  Tender,  with  tenderers  being  nominated  by  the  Management 
Board members. Selection is made by the Management Board, following  an evaluation 
and recommendation by Agency staff. The Topic Centres are in existence for the duration 
of the Multi Annual Work Programme and at the end of this period a financial  audit is 
conducted. 

9. Cost - efficiency aspects 

9,1 Specific objectives, target audience 

The specific objectives are the tasks outlined in Article 2 of the Regulation covering the 
environmental  themes  listed  in  Article  3. These tasks  are translated  into projects  in  a 
Work Programme by the Management Board of the Agency. The Agency's first multi-
annual  work  programme  will  terminate  in  1998  but  will  be  replaced  by  a  further 
programme  which  will  define  the work  to be  completed  by  the  Agency  in  the period 
1998-2002. In the 1997 Annual Work Programme, some 59 projects will be  financed. 

There are three groups of clients for the Agency's work: 

European  Institutions  -  principally  the  Commission  and  specifically  DGXI but  also 
other  Dgs  whose  policies  have  an  impact  on  the  environment,  notably  transport, 
agriculture and structural  funds.  The information  furnished  by the Agency will be used 
for examining the effectiveness  of existing policies and the need and potential  scope of 
new actions. 

Indirectly the other Institutions are also users of the information  supplied by the Agency 
in their role in the legislative process. 

Member States - the Agency's products should also be of relevance to the direct needs 
of individual governments who require up to date information and analysis on the state of 
the environment and likely trends for the future. 

The  Agency  also  have  an  important  role  to  play  in  assisting  the  national  monitoring 
networks to undertake regular and systematic monitoring using harmonised methods and 
standards. 

A^ 

General  Public  - the Agency's  mandate  also includes  information  to the general  public. 
This being a potentially huge operation, the Agency must target his work carefully  using 
the following  methods: 

•  dissemination  via  World  Wide  Web,  an  extremely  cost  effective  method,  and  some 

100,000 accesses per month to the Web site have been recorded; 

• 

information  at  groups  on  particular  themes,  for  example  risk  assessment  for  SMEs, 
reporting for industry, training handbooks for the waste water sector; 

•  delegation  of dissemination  actions  to  the national  level where National  Focal  Points 

act 'on behalf  of the Agency. 

9.2 Justification  of the action 

Environmental  issues have  a trans-frontier  nature and require action  at a European  level. 
Even  national  level  actions  may  require  information  from  another  country,  for  example 
water  quality  where  the  sources  of  pollution  of  a  river  may  have  occurred  up-stream. 
Because  environmental  policy  is  based  on  the  evidence  of  environmental  data,  a 
minimum  level of data reliability  and quality is required. This is a key role played by the 
Agency. 

The data the Agency  gathers  (collected  by national  institutions)  is then  available  for  use 
by policy makers at European and national levels. 

This  means  that  a relatively  small  Agency  in terms  of  staffing  and  financing  can  play  a 
catalyst role in the process of environmental  information.  An annual budget of about  16.5 
Mecu from the Commission  can thus be seen to have a 'multiplier'  effect  in terms of the 
actions undertaken at national level and the results available at all levels. 

9.3 Follow-up  and evaluation 

Ex-ante evaluation 

An  examination  of  the  work-programme  and  the  numbers  of  projects  completed  and 
likely to be completed was made. This was then translated into an assessment  of the state 
of the Agency's  tasks  and  mandate  and  an  inventory  made of the key  actions  completed 
and outstanding. See tables  1 and 2 of the Communication. 

This clearly showed that the Agency, while making good progress, has not completed  its 
mandate, principally because of the wide scope of the tasks allocated to it and the  limited 
time it has had to fulfil  those tasks. 

The  next  question  was  an  examination  of  whether  the  mandate  was  still  valid.  The  5th 
Environmental  Action  Programme  and  its  review  have  confirmed  that  policy  making 
must be based on sound and objective  information. 

At  a  European  level,  the  Agency  and  its  network  are  now  well  established,  albeit  at  an 
early stage of development. The Agency is thus the best available body to co-ordinate  the 
provision of information  on the environment. 

The  revised  Regulation  includes  a  provision  for  a  self-evaluation  (SEM  2000)  by  the 
Agency before  31st October  1999. This evaluation should contain  an objective  evaluation 

£o 

of the quality and usefulness  or the Agency's work and products. It will also be important 
to have a cost-benefit  analysis. 

10. Resource Implications 

10.1  Staffing 

For the DGXI co-ordination role, the figures are as follows: 

Al 
A2 
A3 
A4 
_A5 
A6 
_A7 

JB1 
m 
_B3 
_B4 
J35 

CI 
_C2 
_C3 
_C4 
_C5 

Dl 
D2 
_D3 
D4 

Total 

Category 

Permanent 
Small allocation 
Small allocation 
- 
1 

~ 

; 

Sub-total 

Sub-total 

. 

; 

Sub-total 
"~ 

Sub-total 

1 

« 

-
-
1+ 
-
-
-
1_ 
-
1 

-
-

1 
1 

-
-
-

3+ 

n 

10.2 Financial  costs of staffing (annual) 

For the DGXI aspects, using the current TCE costings, the financial  costs would be: 

A1/A2 level, say 0.25 man years 
Other grades 

10.3 Other implications for  expenditure 

18,070 ecu 
160,032 ecu 

DGXI mission budget (average  18 missions @  1500 ecu) 

27,000 ecu 

5M 

ISSN 0254-1475 

COM(97) 282 final 

DOCUMENTS 

EN 

14 

Catalogue number  : CB-CO-97-273-EN-C 

ISBN 92-78-21132-X 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

9:1