Amended 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: 1998-03-24
Institutions: European Commission
Subjects: European Environment Agency, data collection, environmental monitoring, exchange of information, information network

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 24.03.1998 
COM(1998) 191  final 

97/0168 (SYN) 

Amended 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 pursuant to Article  189 a (2) 
of the EC-Treaty) 

EXPLANATORY  MEMORANDUM 

In accordance  with  Article  130s, paragraph  1, of the EC Treaty, the Council  consulted 
the  European  Parliament  on  the  above  mentioned  proposal.  At  its  session  on  18th 
February  1998,  the  European  Parliament  approved  nine  amendments,  of  which  six 
were  wholly  or  partially  accepted  by  the  Commission.  These  amendments  are 
discussed  below and six are included in the modified  proposal. 

Amendments wholly  accepted by the Commission 

Amendment  3  redefines  the  scope  of  the  State  of  the  Environment  Report  so that  it 
covers trends  and  prospects  for the future.  This is in keeping  with the current  practice 
and was also proposed  in the opinion from the Economic and  Social Committee. 

Amendment  6 makes sensible provision for a multi-annual  budget linked to the Multi-
annual  Work  Programme. 

Amendments  partially  accepted by the Commission 

The  elements  of  Amendment  1 incorporated  into  the  modified  proposal  consist  of 
three points of detail. These: 
• 

revert  the  text  to  that  of  the  original  Regulation  on  the  scope  of  the  information 
provided  for  the  framing  and  implementation  of policy  (this was also proposed  in 
the opinion from  the Economic and Social Committee); 
reinforce  the  need  for  the  work  covered  by  Article  2(ii)  to  be  built  into  the 
Agency's Multi-annual  Work Programme; 
clarify  that other EU  Institutions, as well as the Commission,  may request  support 
on the monitoring  of environmental measures. 

• 

• 

The  reference  to  co-operation  between  the  Agency  and  Commission  is not  necessary 
as this is already  covered  by the objectives  in Article  1 of the original Regulation. For 
the  Agency  to  undertake  peer  reviews  on  its  own  initiative  could  be  seen  as  an 
enforcement  or  inspectorate  role which is not consistent  with  the aims of the Agency 
and it is therefore  not accepted. 

Amendment  2  introduces  a  data  register  as  a  component  part  of  the  Agency's 
repository  of  information  and  this  is  included  in  the  new  proposal.  However,  the 
suggestion 
that  the  register  contain  information  on  Community  and  national 
legislation  would  effectively  alter  reporting  systems  established  by  other  legislation 
and  is  therefore  not  acceptable  from  a  legal  point  of  view.  The  reference  to  a 
continuously  updated directory is an unnecessary detail and is therefore  rejected. 

In amendment  4 the useful  suggestions on the need for  information  to be available in 
all  official  languages  (and  this  was also  proposed  in  the  opinion  from  the  Economic 

and  Social  Committee)  are  accepted.  The  Parliament's  amendment  to  enlarge  the 
scope  of  the  dissemination  activity  is  accepted  with  one  caveat,  as  proposed  by  the 
Commission  to  Parliament,  that  a clause  be  added  that  states  that  this  dissemination 
should concentrate on the state of the environment. The reference  to freedom  of access 
is  considered  unnecessary  and  is rejected  as this  is  already  covered  in  Article  six  of 
the original  Regulation. 

Amendment  9 makes reference  to the next review of tasks being undertaken within the 
perspective  of  the  EU's  global  environment  policy  and  the  Commission  accepts this. 
However,  the  reference  in the Parliament's text to evaluating  the  cost-effectiveness  of 
centralised  and  decentralised  [Community  environmental]  actions  is  rejected  for  the 
following  reasons: 
• 

the  original  proposal  also  makes  provision  for  a  performance  and  efficiency 
review; 
the  Agency's  cost-effectiveness  cannot  be  considered  in  the  wider  framework  of 
the EU's Institutions, rather cost-effectiveness  must be a criterion for review on the 
basis of the Agency's own role and objectives. 

• 

Amendment  9 makes provision for the performance  and efficiency  review report to be 
made available to the Parliament and this is accepted. 

Amendments  not accepted by the Commission 

Amendment  5  addresses  an  Article  (3.2)  of  the  original  Regulation  that  is  not 
addressed  by  the  Commission's  proposal  and,  from  a legal  standpoint,  the  Parliament 
may not propose to amend this article. 

Amendments  7 and  8 make superfluous  references  to the Agency  tasks and  objectives 
which are already covered by the terms of Articles  1 and 2 of the original  Regulation. 

Amendments from  the Economic and Social  Committee 

Following  its  opinion  of  11th  December,  the  Commission  has  considered  the  points 
made  by  the  Economic  and  Social  Committee.  The  following  amendments  are 
incorporated  into this new modified  proposal: 
•  A reference  should be made to strategic environmental  assessment  in the proposed 

new point (xii) of Article 2; 

•  Article  8  should  include  a  reference  to  the  need  to  consult  the  various  socio 
economic  actors  on the multi-annual  work-programme  (paragraph  4), for  ways to 
be found  to ensure that such consultation takes place on a regular basis. 

These modifications  are shown in italics. 

Modified  Proposal 

In  accordance  with  Article  189a,  paragraph  2,  of  the  EC  Treaty,  the  Commission 
modifies  as  follows  the  text  of  its  proposal  concerning  the  European  Environment 
Agency  in order to include the accepted amendments. 

Amended  proposal  for  a 

COUNCIL  REGULATION  (EC) 

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

Original  Proposal 

Amended  proposal 

HAS ADOPTED THIS  REGULATION 

HAS ADOPTED THIS  REGULATION 

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

as follows: 

Article  1 

1. Article  2 is modified  as  follows: 

1. Article 2 is modified  as follows: 

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

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,  m 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; 

"(ii) to provide the Community and 
the Member  States with the  objective 
information  necessary 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.  In accordance with its 
current multi-annual  work 
programme, 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, other 
EU Institutions or on the  specific 
request of a Member State; 

Original  Proposal 

Amended  proposal 

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

b. In Paragraph  (iii) is replaced  by the 
following: 

"(iii) to establish  a repository of  information 
on the environment, 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, to 
provide uniform  assessment criteria  for 
environmental  data to be applied  in all 
Member States. The repository shall  include 
a data register. The Commission  shall use 
this information  in its task of ensuring the 
implementation  of Community  legislation on 
the environment;" 

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

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: 

"(vi) to publish  a report on the state of,  trends 
in and prospects  for 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  and development of 
Environmental  Impact Assessments; 

"(xi) to ensure the broad 
dissemination  of reliable 
environmental  information 
(particularly on the state of the 
environment) to the general  public m 
the official  languages of the 
European  Union wherever possible, 
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  and development of 
Environmental  Impact Assessments 
and Strategic  Environmental 
Assessments; 

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

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

Original  Proposal 

Amended  proposal 

3.  Article  8 shall  be modified  as follows: 

3.  Article  3 shall  be modified  as  follows: 

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

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

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

" 1 .,  and one representative of each 
EFTA/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: 

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." 

"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. 

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. 

d. Paragraph  4 shall  be replaced  by the 
following: 

"The management  board shall adopt 
a multi-annual  work  programme 
based on the priority areas referred  to 
in Article 3(2), using as its basis a 
draft  submitted  by the  Executive 
Director, referred  to in Article 9, 
after  consulting the  scientific 
committee, referred  to in Article  10, 
and receiving the  Commission's 
opinion.  The management board 
shall  also consult  economic and 
social  actors.  The multi-annual  work 
programme  shall - without  prejudice 
to the annual  EU budgetary 
procedure - include a draft  multi-
annual budget  proposal." 

Original Proposal 

Amended proposal 

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

replaced  by'March'. 

6.  Article 20 shall  be replaced  by the 
following: 

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." 

" I. Not  later than  31/! 2/2003, on the 
basis cf a report from  the 
Commission, the Council  shall 
review the progress of and tasks 
undertaken  by the Agency  in relation 
to the Union's  global  policy on the 
environment. 
2. The Agency shall conduct art 
evaluation  of its performance and 
efficiency  before  15th  September 
1999 and submit  a report to the 
management  board, the Commission 
and the European  Parliament." 

ISSN 0254-1475 

COM(98)  191  final 

EN 

14  16  15  01 

Catalogue  number  :  CB-CO-98-198-EN-C 

ISBN  92-78-32555-4 

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