Opinion of the Commission pursuant to Article 251(2) (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Regulation of the European Parliament and of the Council on measures to promote the full integration of the environmental dimension in the development process of developing countries, amending the proposal of the Commission pursuant to Article 250(2) of the EC Treaty
Date: 2000-05-25
Institutions: European Commission
Subjects: EU aid, developing countries, environmental policy, sustainable development, technical cooperation

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 25.05.2000
COM(2000) 310 final

1999/0020 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251 (2) (c) of the EC Treaty,
on the European Parliament's amendments
to the Council's common position regarding the
proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

on measures to promote the full integration of the environmental dimension in the
development process of developing countries

AMENDING THE PROPOSAL OF THE COMMISSION
pursuant to Article 250 (2) of the EC Treaty

1.

INTRODUCTION

Article 251(2)(c) of the EC Treaty provides that the Commission shall deliver an opinion on
amendments proposed by the European Parliament on second reading.

Below is the Commission's opinion on the 13 amendments proposed by Parliament, accepted
as follows: 11 amendments fully accepted, one accepted in part and the thirteenth also
accepted but incorporated in a different clause to that envisaged by Parliament.

2.

a)

b)

c)

d)

e)

f)

g)

BACKGROUND

On 28 January 1999 the Commission sent
to the Council and the European
Parliament a proposal for a regulation (COM(1999) 36 final- COD 1999/0020) dated
28 January 1999.

The Economic and Social Committee delivered its opinion on 7 July 1999.

The Committee of the Regions informed the Council that it did not intend to express
an opinion on the proposal.

On 5 May 1999, on the first reading, Parliament adopted a favourable resolution
containing 53 amendments to the Commission proposal.

On 2 February 2000 the Commission adopted an amended proposal for a decision
under Article 250(2) of the Treaty, incorporating in full or in part 28 of the 53
amendments proposed by Parliament (COM(2000) 55 final- COD 1999/0020) dated
2 February 2000.

On 17 December 1999 the Council adopted its common position.

On 15 March 2000, on the second reading, Parliament adopted a favourable
legislative resolution comprising 13 amendments to the common position.

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3.

PURPOSE OF THE PROPOSAL

This proposal is regarded as a crucial instrument to help the Commission support its legal and
political commitments on environmental protection in the context of sustainable development.
It should ensure the continuation of measures taken under Council Regulation (EC) No
722/97 of 22 April 1997, which expired on 31 December 1999. It envisages a new legal
instrument reflecting relevant developments within the Community and internationally on the
environmental front, and experience acquired in implementing the earlier legislation. The
proposed regulation lays down a framework for administering budget heading B7-6200, the
financial
the
commitments here referred to.

instrument most directly available to the Community for

fulfilment of

4.

COMMISSION OPINION ON THE EUROPEAN PARLIAMENT'S AMENDMENTS

4.1.

Amendments accepted by the Commission

–

–

Amendments 19, 20 and 21 relate to the provisions for a split comitology
arrangement. The adoption of individual projects and programmes would be
subject to an advisory procedure, while the choice of strategic guidelines would
come under a management committee. This is in line with the Commission's
general desire to strengthen the role of committees in strategic considerations
while reducing the scrutiny of individual projects.

Amendments 1 to 8 are of secondary importance and burden the text with
repetitious material and detail. The Commission accepts them purely in a spirit
of compromise and in the knowledge that the Council for its part is also willing
to accept them.

4.2.

Amendment accepted by the Commission in part

–

Amendment 11 relates to the compromise over the financial allocation. It was
stated during discussions in the Council working party that
favourable
93 million and the Commission
consideration would be given to a figure of
can support this proposal. However, amendment 11 also inserts a clause
requiring the Commission to submit a proposal for a further allocation to
Parliament and the Council by the end of 2005. This clause is now superfluous
in that the proposed legal instrument is no longer of unlimited duration.

€

4.3.

Amendment accepted by the Commission but placed in a different clause

–

Amendment 9 concerns coordination with non-governmental organisations.
The Commission does not feel this topic should be incorporated in Article
5(5)(b), not because it is opposed in principle but because that provision deals
with Treaty-based obligations regarding cooperation with Member States. A
more appropriate place for the amendment would be as an addition to Article
5(6).

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5.

CONCLUSION

Under the terms of Article 250(2) of the EC Treaty, the Commission amends its proposal in
accordance with the above.

4