Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive on the assessment of the effects of certain plans and programmes on the environment (COM(96)0511 C4-0191/97 96/0304(SYN)) (Cooperation procedure: first reading)
Date: 1998-10-20
Institutions: Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: EU environmental policy, EU programme, environmental impact, impact study, town and country planning













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51998AP0245

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive on the assessment of the effects of certain plans and programmes on the environment (COM(96)0511 C4-0191/97 96/0304(SYN)) (Cooperation procedure: first reading)  


Official Journal C 341 , 09/11/1998 P. 0018 





A4-0245/98Proposal for a Council Directive on the assessment of the effects of certain plans and programmes on the environment (COM(96)0511 - C4-0191/97 - 96/0304(SYN))The proposal was approved with the following amendments:(Amendment 1)Recital 1>Original text>Whereas Article 130r of the Treaty provides that Community policy on the environment is to contribute to the preservation, protection and improvement of the quality of the environment, the protection of human health and the prudent and rational utilization of natural resources and that it should be based on the precautionary principle; whereas that necessitates, inter alia, the proper integration of environmental considerations into the plans and programmes which are adopted within Member States as part of the town and country planning decision-making process for the purpose of establishing the framework for subsequent development consents (in particular those to which Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment applies);>Text following EP vote>Whereas Article 130r of the Treaty provides that Community policy on the environment is to contribute to the preservation, protection and improvement of the quality of the environment, the protection of human health and the prudent and rational utilization of natural resources and that it should be based on the precautionary principle; whereas that necessitates,inter alia, the proper integration of environmental considerations into the plans and programmes which are adopted within Member Statesas part of all sectoral or regional planning procedures having an impact on land-use (in particular those to which Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment applies);(Amendment 2)Recital 1a (new)>Original text>>Text following EP vote>Whereas sustainable development, being a key objective of the EU, depends on sound management of natural resources and on the preservation of the equilibrium of the different ecosystems so that the needs of the present generation are met without comprising the ability of future generations to meet their own needs;(Amendment 3)Recital 2>Original text>Whereas this Directive aims at a high level of protection of the environment through the attainment of the objectives provided for in Article 130r(1) of the Treaty and is of a procedural nature, setting out an environmental assessment procedure to be followed by the competent authority before the final decision is taken in relation to plans and programmes likely to have an environmental impact;>Text following EP vote>Whereas this Directive aims at a high level of protection of the environment through the attainment of the objectives provided for in Article 130r(1) of the Treaty and is of a procedural nature, setting out aminimum environmental assessment procedure to be followed by the competent authority before the final decision is taken in relation to plans and programmes likely to have an environmental impact;(Amendment 4)Recital 3a (new)>Original text>>Text following EP vote>Whereas the adoption of environmental assessment procedures at the planning and programming level will benefit undertakings by providing a more consistent framework in which to operate, and contribute to economically more efficient or cost-effective solutions, leading to the inclusion of a wider set of factors in decision making;(Amendment 5)Recital 5>Original text>Whereas the different environmental assessment systems operating within Member States are deficient because they do not cover all of the core plans and programmes which establish the framework for subsequent development consent decisions and because they do not always contain the minimum procedural requirements necessary to ensure a high level of protection of the environment;>Text following EP vote>Whereas the different environmental assessment systems operating within Member States are deficient because they do not cover all of the core plans and programmes which establish the framework for subsequentland-use and development consent decisions and because they do not always contain the minimum procedural requirements necessary to ensure a high level of protection of the environment;(Amendment 6)Recital 6>Original text>Whereas, in particular, the systems operating within the Community for environmental assessment of plans and programmes do not ensure that there are adequate transboundary consultations where the implementation of a plan or programme being prepared in one Member State is likely to have a significant effect on the environment of another Member State;>Text following EP vote>Whereas, in particular, the systems operating within the Community for environmental assessment of plans and programmes do not ensure that there are adequate transboundary consultations where the implementation of a plan or programme being prepared ina Member State is likely to have a significant effect on the environment of another State;(Amendment 7)Recital 7>Original text>Whereas action is therefore required at Community level to establish a general environmental assessment framework which will remedy these deficiencies and thereby contribute to the pursuit of the environmental objectives set out in the Treaty;>Text following EP vote>Whereas action is therefore required at Community level to establish aminimum environmental assessment framework which will remedy these deficiencies and thereby contribute to the pursuit of the environmental objectives set out in the Treaty;(Amendment 8)Recital 9>Original text>Whereas the plans and programmes which should be assessed under this Directive are those plans and programmes which are adopted as part of the town and country planning decision-making process for the purpose of establishing the framework for subsequent development consents, including strategic plans and programmes adopted in the energy, waste, water, industry (including mineral extraction), telecommunication and tourism sectors, and certain transport infrastructure plans and programmes;>Text following EP vote>Whereas the plans and programmes which should be assessed under this Directive are those plans and programmes which are adopted as part of theland-use and planning decision-making process for the purpose of establishing the framework for subsequent land-use and development consents, including strategic plans and programmes adopted in the agriculture, forestry, fishing, energy, waste, water, industry (including mineral extraction), telecommunication and tourism sectors, and certain transport infrastructure plans and programmes;(Amendment 9)Recital 12>Original text>Whereas in order to ensure that the decision-making process is transparent and that the information supplied for the assessment is comprehensive and reliable, it is necessary to provide that authorities and/or bodies with relevant environmental responsibilities and the public are to be consulted during the assessment of plans and programmes;>Text following EP vote>Whereas in order to ensure that the decision-making process is transparent and that the information supplied for the assessment is comprehensive and reliable, it is necessary to provide that authorities and/or bodies with relevant environmental responsibilities and the public are to be consulted during the assessment of plans and programmes, and have a reasonable period of time in which to prepare their opinions;(Amendment 10)Recital 13>Original text>Whereas, where the implementation of a plan or programme prepared in one Member State is likely to have a significant effect on the environment of other Member States, provision should be made for the Member States concerned to enter into consultations;>Text following EP vote>Whereas, where the implementation of a plan or programme prepared ina Member State could have a significant effect on the environment of other States, provision should be made for the States concerned to enter into consultations;(Amendment 11)Recital 15>Original text>Whereas the application and effectiveness of this Directive should be reviewed seven years after its entry into force;>Text following EP vote>Whereas the application and effectiveness of this Directive should be reviewedfive years after its entry into force, and at seven-year intervals thereafter;(Amendment 12)Recital 15a (new)>Original text>>Text following EP vote>Whereas most sectoral plans and programmes have a national territorial dimension which goes beyond local and regional planning;(Amendment 13)Recital 15b (new)>Original text>>Text following EP vote>Having regard to the increasing risks and damage to persons and property owing to poor town and country planning, in particular the failure by urban planners to take into account the potential risk involved in building in areas which are liable to flooding in the vicinity of rivers, streams and other watercourses;(Amendment 14)Recital 15c (new)>Original text>>Text following EP vote>Having regard to the lengthy delays which affect many projects in a number of Member States on account of the authorities' slowness in drawing up the statements of environmental impact (SEIs) which conclude the environmental impact assessment (EIA) procedure, and having regard to the need for appropriate time limits to be set for the submission of comments and for the administrative process relating to the analysis of EIAs and of the drawing up of SEIs;(Amendment 15)Recital 15d (new)>Original text>>Text following EP vote>Having regard to the need for control methods and instruments such as monitoring and supervision programmes in order to make it possible to ascertain whether or not preventive measures to protect the environment have been adopted and to assess both the suitability and the results thereof and also the effectiveness of the environmental impact corrective measures introduced;(Amendment 16)Article 1>Original text>The objective of this Directive is to provide for a high level of protection of the environment by ensuring that an environmental assessment is carried out of certain plans and programmes and that the results of the assessment are taken into account during the preparation and adoption of such plans and programmes.>Text following EP vote>The objective of this Directive is to provide for a high level of protection of the environmentand progress towards sustainable development by ensuring that an environmental assessment is carried out of certain plans and programmes and that the results of the assessment are taken into account during the preparation and adoption of such plans and programmes.(Amendment 17)Article 2>Original text>For the purposes of this Directive:>Text following EP vote>For the purposes of this Directive:>Original text>(a) 'plan' and 'programme':(i) refer only to town and country planning plans and programmes>Text following EP vote>(a)'plan' and 'programme':(i) refer to plans and programmes affecting the terrestrial and marine environment>Original text>- which are subject to preparation and adoption by a competent authority or which are prepared by a competent authority for adoption by a legislative act, and>Text following EP vote>- which are subject to preparation and adoption by a competent authority or which are prepared by a competent authority for adoption by a legislative act, and>Original text>- which are part of the town and country planning decision-making process for the purpose of establishing the framework for subsequent development consents, and>Text following EP vote>- which set a general or sectoral framework for establishing subsequent land-use, resource-use or development consents which involve directly or indirectly the future implementation of projects within the meaning of Directive 85/337/EEC, and/or;>Original text>- which contain provisions on the nature, size, location or operating conditions of projects;>Text following EP vote>- which contain provisions on the nature, size, location or operating conditions of projects;>Original text>(ii) include modifications of existing plans and programmes as described in point (i);>Text following EP vote>(ii) include modifications of existing plans and programmes as described in point (i);>Original text>This definition includes town and country planning plans and programmes in sectors such as transport (including transport corridors, port facilities and airports), energy, waste management, water resource management, industry (including extraction of mineral resources), telecommunications and tourism.>Text following EP vote>This definition includes plans and programmes in sectors such as agriculture, forestry, fishing, transport (including transport corridors, port facilities and airports), energy, waste management, water resource management, industry (including extraction of mineral resources onshore and offshore), telecommunications, tourism and recreation.>Original text>(b) 'competent authority' means the authority which the Member States designate as responsible for performing the duties arising from this Directive;>Text following EP vote>(b)'competent authority' means the authority which the Member States designate as responsible for performing the duties arising from this Directive;>Original text>(c) 'development consent' means the decision of the competent authority which entitles the developer to proceed with a project;>Text following EP vote>(c)'development consent' means the decision of the competent authority which entitles the developer to proceed with a project;>Original text>(d) 'project' means:- the execution of construction works or of other installations or schemes,- other interventions in the natural surroundings and landscape including those involving the extraction of mineral resources;>Text following EP vote>(d)'project' means:- the execution of construction works or of other installations or schemes,- other interventions in the natural surroundings and landscape including those involving the extraction of mineral and water resources;>Original text>(e) 'environmental assessment' means the preparation of an environmental statement, the carrying out of consultations and the taking into account of the environmental statement and the results of the consultations in accordance with Articles 5 to 8.>Text following EP vote>(e)'environmental assessment' means consideration of environmental effects of plans and programmes, the preparation of an environmental statement, the carrying out of consultations and the taking into account of the environmental statement and the results of the consultations in accordance with Articles 5 to 8;>Original text>>Text following EP vote>(ea) 'environmental statement' means a statement with the information required in Article 5 and the Annex;(Amendment 18)Article 3a (new)>Original text>>Text following EP vote>Article 3aStrategic environmental assessment shall always be carried out in respect of the following plans and programmes:>Original text>>Text following EP vote>- energy programmes;- forestry or agricultural programmes for the growing of crops intended for the generation of heat and electricity by means of renewable energy sources;- agricultural and livestock development programmes;- hydrological plans;- urban, industrial and livestock waste management plans and programmes;- transport infrastructure development programmes;- tourism development programmes;- urban planning plans and regulations;- transport network programmes, gas pipelines, oil pipelines and high-tension electricity power lines.(Amendment 19)Article 4(3) and (4)>Original text>3. Minor modifications of existing plans and programmes shall require an environmental assessment only where the Member States consider that such modifications are likely to have significant negative environmental effects.>Text following EP vote>3.Minor modifications of existing plans and programmes shall require an environmental assessment only where the Member States consider that such modifications are likely to have any significant environmental effects.>Original text>4. Plans or programmes which determine the particular use of small areas at local level shall require an environmental assessment only where the Member States consider that they are likely to have significant negative environmental effects.>Text following EP vote>4.Plans or programmes which determine the particular use of small areas at local level shall require an environmental assessment only where the Member States consider that they are likely to have any significant environmental effects.>Original text>>Text following EP vote>4a. Competent authorities shall consult with environmental bodies referred to in Article 6 to determine whether significant effects are likely and an assessment is required.>Original text>>Text following EP vote>4b. Competent authorities shall make public a statement of how and why the plan or programme was exempted under paragraphs 3 or 4 from a full assessment prior to the plan or programme being agreed.(Amendment 20)Article 4a (new)>Original text>>Text following EP vote>Article 4aWhere a Member State provides that a plan or programme is to be drawn up for a project and that the procedure for drawing up this plan or programme already requires an environmental impact assessment to be carried out pursuant to Directive 85/337/EEC, the present Directive shall not be applicable.(Amendment 21)Article 4b (new)>Original text>>Text following EP vote>Article 4b1. Before approving town and country development plans the authorities responsible for town and country planning must carry out a specific study of the risk of flooding in the area concerned in cases where the planned development is located in an area in which watercourses may have a significant impact.>Original text>>Text following EP vote>2. Urban development plans should prohibit the construction of dwellings, campsites, farms and items of infrastructure in areas which are liable to flooding, the likelihood of which shall, where appropriate, be specifically analysed when such programmes are assessed.(Amendment 22)Article 5>Original text>1. Where an environmental assessment is required under Article 4, the competent authority shall prepare an environmental statement containing the types of information referred to in the Annex.>Text following EP vote>1.Where an environmental assessment is required under Article 4, the competent authority, or a specially designated independent body, shall prepare an environmental statement containing the types of information referred to in the Annex.>Original text>>Text following EP vote>1a. The environment ministries or the equivalent national authority shall be the authorities responsible for ensuring that the environmental protection measures in plans and programmes whose geographical scope exceeds the boundaries of a region are correctly applied.>Original text>2. The information included in the environmental statement prepared pursuant to paragraph 1 shall be in such detail as may reasonably be required for the purpose of assessing the significant direct and indirect effects of implementing the plan or programme on human beings, fauna, flora, soil, water, air, climate, landscape, material assets and the cultural heritage, taking into account the level of detail in the plan or programme, its stage in the decision-making process and the extent to which certain matters can be more appropriately assessed at different levels in that process.>Text following EP vote>2.The information included in the environmental statement prepared pursuant to paragraph 1 shall be in such detail as may reasonably be required for the purpose of assessing the significant direct and indirect effects of implementing the plan or programme on human beings, fauna, flora, soil, water, air, climate, landscape, material assets and the cultural heritage, also regarding the secondary, cumulative, synergistic, short, medium and long-term, permanent and temporary, positive and negative effects of the plan and programme, and of its main alternatives including any modifications or mitigation measures considered, taking into account the level of detail in the plan or programme, its stage in the decision-making process and the extent to which certain matters can be more appropriately assessed at different levels in that process.>Original text>3. The competent authority shall consult the environmental authorities and/or bodies concerned as referred to in Article 6(3) when deciding on the scope and level of detail of the information which must be included in the environmental statement.>Text following EP vote>3. Before work on the plan or programme and the assessment begins the competent authority shall consult the environmental authorities and/or bodies concerned as referred to in Article 6(3) as well as the public as referred to in Article 6(4) when deciding on the scope, the alternatives to be considered and level of detail of the information which must be included in the environmental statement.>Original text>>Text following EP vote>3a. Member States may establish an independent verification committee tasked with verifying the environmental statement on the basis of the information requirements set out in the Annex.>Original text>4. The environmental statement shall include a non-technical summary of the information contained in it.>Text following EP vote>4.The environmental statement shall include a non-technical summary of the information contained in it, and this shall be made available to the public free of charge.>Original text>>Text following EP vote>4a. Member States shall state how they will provide for independent certification of the adequacy of the SEAs.(Amendment 27)Article 6>Original text>1. A copy of the draft plan or programme and of the environmental statement prepared in accordance with Article 5 shall be made available to the environmental authorities and/or bodies concerned and the public concerned.>Text following EP vote>1.A copy of the draft plan or programme and of the environmental statement prepared in accordance with Article 5 shall be made available to the environmental authorities and/or bodies concerned, the developers likely to be affected by the plan and the public concerned.>Original text>2. The environmental authorities and/or bodies concerned and the public concerned shall be given an opportunity to express their opinion on the draft plan or programme and the accompanying environmental statement before the adoption or submission to the legislative procedure of the plan or programme.>Text following EP vote>2.The environmental authorities and/or bodies concerned, the developers likely to be affected by the plan and the public concerned shall be given the opportunity and a reasonable amount of time to express their opinion on the draft plan or programme and the accompanying environmental statement before the adoption or submission to the legislative procedure of the plan or programme.>Original text>3. Member States shall designate the authorities and/or bodies to be consulted which, by reason of their specific environmental responsibilities, are likely to be concerned by the environmental effects of implementing plans and programmes.>Text following EP vote>3.Member States shall designate the authorities and/or bodies to be consulted which, by reason of their specific environmental interests, are likely to be concerned by the environmental effects of implementing plans and programmes.>Original text>4. Member States shall designate the public to be consulted taking into account the stage ofthe plan or programme in the decision-making process.>Text following EP vote>4.Member States shall designate the public who are directly or indirectly concerned by a plan or programme so that they can be consulted on the draft plan or programme and the environmental statement.>Original text>5. The detailed arrangements for the information and consultation of the environmental authorities and/or bodies concerned and the public concerned shall be determined by the Member States.>Text following EP vote>5.The detailed arrangements for the information and consultation of the environmental authorities and/or bodies concerned, the developers likely to be affected by the plan and the public concerned shall be determined by the Member States.(Amendment 28)Article 7(1)>Original text>1. Where a Member State considers that the implementation of a plan or programme being prepared in relation to its territory is likely to have significant effects on the environment in another Member State, or where a Member State likely to be significantly affected so requests, the Member State in whose territory the plan or programme is being prepared shall, before the adoption of the plan or programme or its submission to the legislative procedure by a competent authority, forward a copy of the draft plan or programme and the relevant environmental statement to the other Member State.>Text following EP vote>1.Where a Member State considers that the implementation of a plan or programme being prepared in relation to its territory is likely to have significant effects on the environment in another Member State, or where a Member State likely to be significantly affected so requests, the Member State in whose territory the plan or programme is being prepared shall, at the same time as it makes it available to its own public, forward a copy of the draft plan or programme and the relevant environmental statement to the other Member State. In line with the Convention on Environmental Assessment in a Transboundary Context (Espoo Convention), these provisions shall also apply to relations with third countries.(Amendment 29)Article 10(1)>Original text>1. An environmental assessment carried out under this Directive is without prejudice to any requirements under Directive 85/337/EEC and to any other Community law requirements.>Text following EP vote>1.An environmental assessment carried out under this Directive is without prejudice to any requirements under Directive 85/337/EEC and Directive 97/11/EC and to any other Community law requirements.(Amendment 30)Article 10a (new)>Original text>>Text following EP vote>Article 10aMember States shall be responsible for monitoring the implementation of the environmental protection measures contained in the plans and programmes to which this Directive relates and shall establish appropriate monitoring systems with a view to assessing the effectiveness of the environmental impact corrective measures incorporated into those plans and programmes.(Amendment 31)Article 11(2)>Original text>2. Seven years after the entry into force of this Directive, the Commission shall send a report on the application and effectiveness of the Directive to the European Parliament and to the Council.>Text following EP vote>2. Five years after the entry into force of this Directive, the Commission shall send a first report on the application and effectiveness of the Directive to the European Parliament and to the Council. A new evaluation report shall then follow every seventh year.(Amendment 32)Article 12(1)>Original text>1. Member States shall take the necessary legislative, regulatory and administrative provisions to comply with this Directive no later than 31 December 1999. Member States shall forthwith inform the Commission of the measures taken.When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.>Text following EP vote>1.Member States shall take the necessary legislative, regulatory and administrative measures to comply with this Directive no later than two years after its entry into force. Not later than 31 December 1999, Member States shall communicate to the Commission an indicative list of the types of plans and programmes which they intend to submit to an environmental assessment according to this Directive.The Commission shall, not later than 31 December 1999, publish an indicative list of the sectoral or regional planning procedures having an impact on land-use which Member States intend to submit to an environmental assessment pursuant to this Directive.(Amendment 33)Annex>Original text>Information on the following matters:(a) the contents of the plan or programme and its main objectives;>Text following EP vote>Information on the following matters:(a) the contents of the plan or programme and its main objectives;- how the effects on the environment were taken into account in formulating its objectives and contents;- the zero-option, ie what would happen if the plan or programme was not produced;>Original text>(b) the environmental characteristics of any area likely to be significantly affected by the plan or programme;>Text following EP vote>(b)the environmental characteristics of any area likely to be significantly affected by the plan or programme;- any existing environmental problems which are relevant to the plan or programme;>Original text>>Text following EP vote>(ba) land allocated to, or set aside for, the siting of electricity transport and distribution installations, gas pipelines and oil pipelines;>Original text>(c) any existing environmental problems which are relevant to the plan or programme including, in particular, those relating to any areas of particular environmental importance, such as areas designated pursuant to Council Directives 79/409/EEC and 92/43/EEC;>Text following EP vote>(c) the existence of any areas of particular environmental importance, such as areas designated pursuant to Council Directives 79/409/EEC and 92/43/EEC, or qualifying for designation and the potential effects of implementing the plan or programme on these areas according to point (e) below;>Original text>(d) the environmental protection objectives, established at international, Community and Member State level (including objectives established in other plans and programmes in the same hierarchy), which are relevant to the plan or programme and the way these objectives and any other environmental considerations have been taken into account during its preparation;>Text following EP vote>(d)the environmental protection objectives, established at international, Community and Member State level (including objectives established in other plans and programmes in the same hierarchy), which are relevant to the plan or programme and the way these objectives and any other environmental considerations have been taken into account during its preparation;>Original text>(e) the likely significant environmental effects of implementing the plan or programme;>Text following EP vote>(e)the likely significant environmental effects of implementing the plan or programme, including consideration of secondary, cumulative, synergistic, short, medium and long-term, permanent and temporary, positive and negative effects of the plan or programme, and of its alternatives, including any modifications or mitigation measures considered;>Original text>(f) any alternative ways of achieving the objectives of the plan or programme which have been considered during its preparation (such as alternative types of development or alternative locations for development) and the reasons for not adopting these alternatives;>Text following EP vote>(f)any alternative ways of achieving the objectives of the plan or programme, including a description of the 'do-minimum¨ and the best practical environmental options, as well as the reasons for not adopting these alternatives taking into account the environmental effects;>Original text>(g) the measures envisaged to prevent, reduce and where possible offset any significant adverse effects on the environment of implementing the plan or programme;>Text following EP vote>(g)the measures envisaged to prevent, reduce and as fully as possible offset any significant adverse effects on the environment of implementing the plan or programme;>Original text>>Text following EP vote>(ga) the arrangements for monitoring the effects of the action upon the environment, including the effectiveness or not of any mitigation measures, and the arrangements for taking any remedial action where necessary;>Original text>(h) any difficulties (such as technical deficiencies or lack of know-how) encountered in compiling the required information.>Text following EP vote>(h)any difficulties (such as technical deficiencies or lack of know-how) encountered in compiling the required information;>Original text>>Text following EP vote>(ha) a statement outlining how the assessment was undertaken.Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive on the assessment of the effects of certain plans and programmes on the environment (COM(96)0511 - C4-0191/97 - 96/0304(SYN))(Cooperation procedure: first reading)The European Parliament,- having regard to the Commission proposal to the Council, COM(96)0511 - 96/0304(SYN) ((OJ C 129, 25.4.1997, p. 14.)),- having been consulted by the Council pursuant to Articles 189c and 130s of the EC Treaty (C4-0191/97),- having regard to Rule 58 of its Rules of Procedure,- having regard to the report of the Committee on the Environment, Public Health and Consumer Protection and the opinions of the Committee on Budgets, the Committee on Economic and Monetary Affairs and Industrial Policy, the Committee on Research, Technological Development and Energy and the Committee on Culture, Youth, Education and the Media (A4-0245/98),1. Approves the Commission proposals, subject to Parliament's amendments;2. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;3. Instructs its President to forward this opinion to the Council and Commission.