Re-examined proposal for a 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
Date: 1999-03-29
Institutions: European Commission
Subjects: European Environment Agency, environmental monitoring, environmental protection, information network, information system

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 29.03.1999
COM(1999) 122 final

97/ 168 (SYN)

Re-examined proposal for a

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

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

EXPLANATORY MEMORANDUM

On 13th June 1997, the Commission adopted a proposal to amend the Council
Regulation (EEC) No 1210/90 in the European Environment Agency (COM/97/282 -
SYN 97/168 - OJ C 255, 20.8.1997).

The Economic and Social Committee adopted its opinion in December 1997
(OJ C 73, 9.3.1998).

The European Parliament delivered its opinion on the First Reading on
18th February 1998 ( OJ C 80 , 16.3.1998).

The Committee of the Regions adopted its opinion on 12th March 1998 (OJ C 180,
11.6.1998).

The Commission adopted its Amended proposal on 24th March 1998 (COM/98/191
final - OJ C 123 , 22.4.1998).

The Council formally adopted its Common Position on 20th July 1998 (OJ C 364,
25.11.1998).

The European Parliament examined the Council's Common Position at Second
Reading on 9th February 1999 and approved it, subject to 9 amendments.

Pursuant to Article 189c (d) of the Treaty, the Commission submits the present
re-examined proposal
a Council Decision amending Regulation (EEC)
No 1210/90 on the European Environment Agency. This proposal incorporates some
amendments following the Second Reading in Parliament.

for

Amendments accepted in full by the Commission

Amendment 3 introduces a precision into Article 2(xi) of the original Regulation that
Agency environmental information should be 'reliable and comparable', in line with
Agency objectives.

Amendment 8 clarifies the intention of the original Commission proposal on
membership of the Bureau of the Agency Management Board to ensure that the
Commission and Parliament, as well as Member States, are represented.

Amendments partially accepted by the Commission

Amendment 2 inserts a reference to development and maintenance of a reference
centre. This is acceptable. The Commission however cannot support the reference to a
data register, which was rejected in the Common Position, as this would effectively
alter
legislation. The reference to
'compliance' is not accepted as the Agency information is only suitable for an indirect
assessment of the effectiveness of Community environmental legislation.

reporting systems established under other

Amendments not accepted by the Commission

Amendment 1 returns to a position on Agency advice on monitoring systems that was
rejected in the Common Position. The Commission accepts the Common Position,

2

which is based on the view that the national monitoring systems are a matter for
Member States. The reference to co-operation between Agency and Commission is
unnecessary as it is already covered in the objectives set out in Article 1.

Amendment 4 is considered unnecessary as freedom of access to Agency information
is already adequately covered by Article 6 of the existing Regulation.

Amendment 5 makes reference to compliance (see above reference to Amendment 2)
and unnecessary reference to evaluation of policy (adequately covered in Article 1 of
the existing Regulation).

Amendment 6 is inflexible and obliges co-operation with IMPEL, which is 'just' an
informal network, and 'other bodies'.

Amendment 7 seeks to reverse the text of the Common Position, which the
Commission supports, that expresses the will of Member States to avoid any binding
legal requirements on them to furnish information to the Agency.

Amendment 9 restores text related to future reviews that were inadvertently missing
from the published Common Position. However, the Commission cannot accept the
reference to the evaluation of the cost-effectiveness of centralised and decentralised
[Community environmental ] actions 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.

3

Re-examined Proposal for a

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

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

Common Position

Amended text

Article 1(2) (a)

on

the

reports
and

on
pressures

1. (iii) to record, collate and assess data
on the state of the environment, to draw
up
quality,
expert
the
sensitivity
environment within the territory of the
Community,
uniform
environmental
assessment
data to be applied in all Member States,
to develop further a reference centre on
the environment. The Commission shall
use this information in its task of ensuring
the
of Community
legislation on the environment;

provide
for

implementation

to
criteria

on

the

to
criteria

reports
and

on
pressures

1. (iii) to record, collate and assess data
on the state of the environment, to draw
up
quality,
expert
the
sensitivity
environment within the territory of the
Community,
uniform
environmental
assessment
data to be applied in all Member States,
to develop
and maintain a
reference centre on the environment. The
Commission shall use this information in
its task of ensuring the implementation of
Community
the
legislation
environment;

provide
for

further

on

Article 1(2)(b)

2. (xi) to ensure the broad dissemination
of reliable and comparable environmental
information, in particular on the state of
the environment,
to the general public
and, to this end, to promote the use of
new telematics
this
purpose;

technology

for

information,

environmental

2. (xi) to ensure the broad dissemination
in
of
particular 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;

4

Common Position

Amended text

Article 1(5)(b)

it may

to which

The Management Board shall elect a
delegate
bureau
executive decisions, according to the
rules that it shall adopt. The Bureau shall
include amongst its members one of the
the
by
Board members
European Parliament and one of
the
representatives of the Commission on the
Board.

designated

The Management Board shall elect a
delegate
bureau
executive decisions, according to the
rules that it shall adopt.

to which

it may

5

ANNEX - Amendments not accepted by the Commission

(Amendment 1 )
ARTICLE 1(2)(a) Article 2(ii), 3rd indent (Regulation (EEC) No 1210/90)

Common position of the Council

Amendments by Parliament

systems

- to advise individual Member States, upon
their request and where this is consistent with
the Agency's annual work-programme, on the
development, establishment and expansion of
of
their
environmental measures,
such
activities do not endanger the fulfilment of the
other tasks established by this Article. Such
advice may also include peer
reviews by
the specific request of Member
experts at
States.

the monitoring

provided

for

is

systems

consistent with

work-programme,

- to advise individual Member States, where
the Agency's
this
the
on
multiannual
development, establishment and expansion of
of
their
environmental measures,
such
activities do not endanger the fulfilment of the
other tasks established by this Article. Such
advice may also include peer
reviews by
experts;

the monitoring

provided

for

The information, assistance and advice under
point (ii) can be required by a Member State,
the Commission or other EU institutions or be
provided by the Agency on its own initiative.

The Commission shall
in general seek to
cooperate with the Agency in cases where
appropriate information can be provided by
the Agency to support Commission initiatives
or implementation of acts.

Such requests should in normal circumstances
be in line with the Agency's approved working
programmes.

6

(Amendment 4)
ARTICLE 1(2)(b) Article 2(xiiia) (new) (Regulation (EEC) No 1210/90)

Common position of the Council

Amendments by Parliament

to

the

use

centre
of
(xiiia)
reference
to ensure
information on the environment
freedom of access to validated information on
in accordance with the
the environment,
requirements set out
in Council Directive
90/313/EEC on the freedom of access to
environment(1).
information
____________
(1) OJ L 158, 23.6.1990, p. 56.

the

on

(Amendment 5)
ARTICLE 1(3)(b)(-i) (new) Article 3(2), 1st subparagraph (Regulation (EEC) No
1210/90)

Common position of the Council

Amendments by Parliament

(-i) the first subparagraph is replaced by the
following:
"The Agency shall furnish information which
can be directly used in the implementation and
evaluation
with,
Community environmental policy."

compliance

and

of,

(Amendment 6)
ARTICLE 1(3)(c) Article 3(3), 1st subparagraph (Regulation (EEC) No 1210/90)

Common position of the Council

Amendments by Parliament

3. The Agency may also cooperate in the
exchange of information with other bodies,
including with the IMPEL network.

3. The Agency shall also cooperate in the
exchange of information with and assist other
bodies, including with the IMPEL network.

7

(Amendment 7)
ARTICLE 1(4)(a) Article 4(2), 2nd subparagraph (Regulation (EEC) No 1210/90)

Common position of the Council

Amendments by Parliament

shall

keep

national

environment

the Agency
Member States
informed of the main component elements of
their
information
networks. Member States shall, as appropriate,
cooperate with the Agency and contribute to
the European environment
the work of
information
in
accordance with the work programme of the
Agency by collecting, collating and analysing
data nationwide. Member States may also join
to
a
these
in
cooperate
transnational level.

observation

activities

network

and

at

shall

keep

national

environment

the Agency
Member States
informed of the main component elements of
their
information
networks. Member States shall cooperate with
the Agency and contribute to the work of the
European
and
observation network in accordance with the
work programme of the Agency by collecting,
collating and analysing data nationwide.
Member States may also join to cooperate in
these activities at a transnational level.

environment

information

(Amendment 9)
ARTICLE 1(8a)(new) Article 20 (Regulation (EEC) No 1210/90)

Common position of the Council

Amendments by Parliament

8a. Article 20 is replaced by the following:

"1. Not later than 31 December 2003, on the
basis of a report from the Commission, the
Council shall review the progress of and tasks
undertaken by the Agency in relation with the
Union's global policy on the environment. This
report
effectiveness
evaluation on centralised and decentralised
actions.

contain a

shall

cost

2. The Agency shall conduct an evaluation of
its performance and efficiency before 15
September 1999 and submit a report to the
management board, the Commission and the
European Parliament."

8