Common position (EC) No 3/2002 of 27 September 2001 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Decision of the European Parliament and of the Council laying down the sixth Community environment action programme
Date: 2001-09-27
Institutions: Council of the European Union
Subjects: EU programme, action programme, environmental policy, environmental protection, health policy

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COMMON POSITION (EC) No 3/2002

adopted by the Council on 27 September 2001

with a view to adopting Decision No 2002/.../EC of the European Parliament and of the Council
of ... laying down the sixth Community environment action programme

(2002/C 4/03)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 175(3),

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Having regard to the opinion of
Regions (3),

the Committee of

the

Acting in accordance with the procedure laid down in
Article 251 of the Treaty (4),

Whereas:

(1)

(2)

(3)

A clean and healthy environment is essential for the
well-being and prosperity of society, yet continued
growth at a global level will lead to continuing pressures
on the environment.

The Community’s
fifth environmental action pro-
gramme ‘Towards sustainability’ ended on 31 December
2000 having delivered a number of important improve-
ments.

is required in order to meet

Continued effort
the
environmental objectives and targets already established
by the Community and there is a need for the sixth
environmental action programme (the ‘programme’) set
out in this Decision.

(4)

A number of serious environmental problems persist
and new ones are emerging which require further action.

(1) OJ C 154 E, 29.5.2001, p. 218.
(2) OJ C 221, 7.8.2001, p. 80.
(3) OJ C ...
(4) Opinion of the European Parliament of 31 May 2001 (not yet
published in the Official Journal), Council Common Position of
27 September 2001 and Decision of the European Parliament of ...
(not yet published in the Official Journal).

(5)

(6)

(7)

(8)

(9)

Greater focus on prevention and the implementation of
the precautionary principle is required in developing an
approach to protect human health and the environment.

A prudent use of natural resources and the protection of
the global eco-system together with economic prosperity
and a balanced social development are a condition for
sustainable development.

The programme aims at a high level of protection of
the environment and human health and at a general
improvement in the environment and quality of life,
indicates priorities for the environmental dimension of
the sustainable development strategy and should be
taken into account when bringing forward actions under
the strategy.

The programme aims to achieve a decoupling between
environmental pressures and economic growth whilst
being consistent with the principle of subsidiarity and
respecting the diversity of conditions across the various
regions of the European Union.

The programme establishes environmental priorities for
a Community response focusing in particular on climate
change, nature and biodiversity, environment and health
and quality of life, and natural resources and wastes.

(10)

For each of these areas key objectives and certain targets
are indicated and a number of actions are identified with
a view to achieving the said targets. These objectives and
targets constitute performance levels or achievements to
be aimed at.

(11) The objectives, priorities and actions of the programme
should contribute to sustainable development in the
candidate countries and endeavour to ensure the protec-
tion of the natural assets of these countries.

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(12)

Legislation remains central to meeting environmental
challenges and full and correct implementation of the
existing legislation is a priority. Other options for
achieving environmental objectives should also be con-
sidered.

(21) There is considerable pressure from human activity on
nature and biodiversity. Action is necessary to counteract
pressures arising notably from pollution, the introduc-
tion of non-native species, potential risks from releasing
genetically modified organisms and the way in which
the land and sea are exploited.

(13) The programme should promote the process of inte-
gration of environmental concerns into all Community
policies and activities in line with Article 6 of the Treaty
in order to reduce the pressures on the environment
from various sources.

(14) A strategic integrated approach,

incorporating new
ways of working with the market, involving citizens,
enterprises and other stakeholders is needed in order to
induce necessary changes in both production and public
and private consumption patterns that influence nega-
tively the state of, and trends in, the environment.
This approach should encourage sustainable use and
management of land and sea.

(15)

Provision for access to environmental information and
to justice and for public participation in policy-making
will be important to the success of the programme.

(16) Thematic strategies will consider the range of options
and instruments required for dealing with a series of
complex issues that require a broad and multidimension-
al approach and will propose the necessary actions,
involving where appropriate the European Parliament
and the Council.

(17) There is scientific consensus that human activity is
causing increases in concentrations of greenhouse gases,
leading to higher global temperatures and disruption to
the climate.

(18) The implications of climate change for human society
and for nature are severe and necessitate mitigation.
Measures to reduce emissions of greenhouse gases can
be implemented without a reduction in levels of growth
and prosperity.

(19) Regardless of the success of mitigation, society needs to

adapt to and prepare for the effects of climate change.

(22)

Soil is a finite resource that is under environmental
pressure.

(23) Despite improvements in environmental standards, there
is increased likelihood of a link between environmental
degradation and certain human illnesses. Therefore the
potential risks arising, for example, from emissions and
hazardous chemicals, pesticides, and from noise should
be addressed.

(24) Greater knowledge is required of the potential negative
impacts arising from the use of chemicals and the
responsibility for generating knowledge should be placed
on producers, importers and downstream users.

(25) Chemicals that are dangerous should be substituted by
safer chemicals or safer alternative technologies not
entailing the use of chemicals, with the aim of reducing
risks to man and the environment.

(26) A sustainable use of pesticides should take place in a
way to minimise negative impacts for human health and
the environment.

(27) The urban environment is home to some 70 % of the
population and concerted efforts are needed to ensure a
better environment and quality of life in towns and
cities.

(28) There is a limited capacity of the planet to meet the
increasing demand for resources and to absorb the
emissions and waste resulting from their use and there
is evidence that the existing demand exceeds the carrying
capacity of the environment in several cases.

(20) Healthy and balanced natural systems are essential for

supporting life on the planet.

(29) Waste volumes in the Community continue to rise, a
significant quantity of these being hazardous, leading to
loss of resources and to increased pollution risks.

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(30)

that
international

environmental
Economic globalisation means
action is increasingly needed at
level,
including on transport policies, requiring new responses
from the Community linked to policy related to trade,
development and external affairs enabling the pursuit
of sustainable development in other countries. Good
governance should make a contribution to this end.

(31) Trade, international investment flows and export credits
should make a more positive contribution to the pursuit
of environmental protection and sustainable develop-
ment.

(32)

Environmental policy-making, given the complexities of
the issues, needs to be based on best available scientific
and economic assessment, and on knowledge of the
state and trends of
in line with
Article 174 of the Treaty.

the environment,

(33)

Information to policy-makers, stakeholders and the
general public has to be relevant, transparent, up to date
and easily understandable.

2.
The programme sets out the key environmental objec-
tives to be attained. It establishes, where appropriate, targets
and timetables. The objectives and targets should be fulfilled
before expiry of the programme, unless otherwise specified.

The programme shall cover a period of 10 years starting
3.
from ... (*). Appropriate initiatives in the different policy areas
with the aim of meeting the objectives shall consist of a range
of measures including legislation and the strategic approaches
outlined in Article 3. These initiatives should be presented
progressively and at the latest by four years after the adoption
of this Decision.

The objectives respond to the key environmental prioriti-

4.
es to be met by the Community in the following areas:

— climate change,

— nature and biodiversity,

— environment and health and quality of life,

(34)

Progress towards meeting environmental objectives
needs to be measured and evaluated.

— natural resources and wastes.

(35) Based on an assessment of the state of the environment,
taking account of the regular information provided by
the European Environment Agency, a review of progress
and an assessment of the need to change orientation
should be made at the mid-term point of the programme,

Article 2

Principles and overall aims

HAVE DECIDED AS FOLLOWS:

Article 1

Scope of the programme

This Decision establishes a programme of Community
1.
action on the environment (hereinafter referred to as the
‘programme’). It addresses the key environmental objectives
and priorities based on an assessment of the state of the
environment and of prevailing trends including emerging
issues that require a lead from the Community. The pro-
gramme should promote the integration of environmental
concerns in all Community policies and contribute to the
achievement of sustainable development throughout the cur-
rent and future enlarged Community. The programme further-
more provides for continuous efforts to achieve environmental
objectives and targets already established by the Community.

The programme constitutes a framework for the Com-
1.
the
munity’s environmental policy during the period of
programme with the aim of ensuring a high level of protection,
taking into account the principle of subsidiarity and the
diversity of situations in the various regions of the Community,
and of achieving a decoupling between environmental press-
ures and economic growth. It shall be based particularly on
the polluter-pays principle, the precautionary principle and
preventive action, and the principle of rectification of pollution
at source.

The programme systematically promotes sustainable develop-
ment and contributes to the European sustainable development
strategy, inter alia, by setting out environmental priorities for
the strategy.

(*) The date of adoption of this Decision.

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2.

The programme aims at:

— emphasising climate change as an outstanding challenge
of the next 10 years and beyond and contributing to
the long-term objective of stabilising greenhouse gas
concentrations in the atmosphere at a level that would
prevent dangerous anthropogenic interference with the
climate system. Thus a long-term objective of a maximum
global
temperature increase of 2 °Celsius over pre-
industrial levels and a CO2 concentration below 550 ppm
shall guide the Programme. In the longer term this is
likely to require a global reduction in emissions of
greenhouse gases by 70 % as compared to 1990 as
identified by the Intergovernmental Panel on Climate
Change (IPCC),

— protecting, conserving, restoring and developing the
functioning of natural systems, natural habitats, wild flora
and fauna with the aim of halting desertification and
the loss of biodiversity,
including diversity of genetic
resources, both in the European Union and on a global
scale,

— contributing to a high level of quality of life and social
well being for citizens by providing an environment
where the level of pollution does not give rise to
harmful effects on human health and the environment
and by encouraging a sustainable urban development,

— better resource efficiency and resource and waste manage-
ment thereby decoupling the use of resources and the
generation of waste from the rate of economic growth and
a shift to more sustainable production and consumption
patterns aiming at significant gains in resource efficiency.

3.
The programme shall ensure that environmental objec-
tives, which should focus on the environmental outcomes to
be achieved, are met by the most effective and appropriate
in the light of the principles set out in
means available,
paragraph 1 and the strategic approaches set out in Article 3.
Full consideration shall be given to ensuring that the Com-
munity’s environmental policy-making is undertaken in an
integrated way and to all available options and instruments,
taking into account regional and local differences, as well as
ecologically sensitive areas, with an emphasis on:

— extensive dialogue with stakeholders, raising environmen-

tal awareness and public participation,

— analysis of benefits and costs, taking into account the

need to internalise environmental costs,

— the best available scientific evidence, and the further
improvement of scientific knowledge through research
and technological development,

— data and information on the state and trends of the

environment.

4.
The programme shall promote the full integration of
environmental protection requirements into all Community
policies and actions by establishing environmental objectives
and, where appropriate, targets and timetables to be taken into
account in relevant policy areas.

Furthermore, measures proposed and adopted in favour of the
environment should be coherent with the objectives of the
economic and social dimensions of sustainable development
and vice versa.

The programme shall promote the adoption of policies
5.
and approaches that contribute to the achievement of sustain-
able development in the countries which are candidates for
accession (‘candidate countries’) building on the transposition
and implementation of the acquis. The enlargement process
should sustain and protect the environmental assets of the
candidate countries such as wealth of biodiversity, and should
maintain and strengthen sustainable production and consump-
tion and land-use patterns and environmentally-sound trans-
port structures through:

— integration of environmental protection requirements
into Community programmes including those related to
development of infrastructure,

— promotion of

transfer of clean technologies to the

candidate countries,

— extended dialogue and exchange of experience with
the national and local administrations in the candidate
countries on sustainable development and preservation
of their environmental assets,

— cooperation with civil

society, environmental non-
governmental organisations (NGOs) and business in the
candidate countries to help raise public awareness and
participation,

— encouraging international financing institutions and the
private sector to support the implementation of and
compliance with the environmental acquis in the candi-
date countries and to pay due attention to integrating
environmental concerns into the activities of the econ-
omic sector.

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6.

The programme shall stimulate:

— the positive and constructive role of the European Union
as a leading partner in the protection of the global
environment and in the pursuit of a sustainable develop-
ment,

— the development of a global partnership for environment

and sustainable development,

— the integration of environmental concerns and objectives
into all aspects of the Community’s external relations.

Article 3

Strategic approaches to meeting environmental objectives

The aims and objectives set out in the programme shall be
pursued, inter alia, by the following means:

1.

2.

development of new Community legislation and amend-
ment of existing legislation, where appropriate;

encouraging more effective implementation and enforce-
ment of Community legislation on the environment and
without prejudice to the Commission’s right to initiate
infringement proceedings. This requires:

— increased measures to improve respect for Com-
munity rules on the protection of the environment
and addressing infringements of environmental
legislation,

— promotion of improved standards of permitting,
inspection, monitoring and enforcement by Member
States,

— a more systematic review of

the application of
environmental legislation across the Member States,

— improved exchange of information on best practice
on implementation including by the European net-
work for the implementation and enforcement of
law (IMPEL network) within the
environmental
framework of its competencies;

3.

further efforts for integration of environmental protection
into the preparation, definition and
requirements
implementation of Community policies and activities in
the different policy areas are needed. Further efforts are
necessary in different sectors including consideration of
their specific environmental objectives, targets, timetables
and indicators. This requires:

— ensuring that the integration strategies produced by
the Council in different policy areas are translated
into effective action and contribute to the implemen-
tation of the environmental aims and objectives of
the programme,

— consideration, prior to their adoption, of whether
action in the economic and social fields, contribute
to and are coherent with the objectives, targets and
time frame of the programme,

— establishing appropriate internal mechanisms in the
Community institutions, taking full account of the
need to promote transparency and access to infor-
mation, to ensure that environmental considerations
are fully reflected in Commission policy initiatives,

— regular monitoring, via relevant indicators, elabor-
ated where possible on the basis of a common
methodology for each sector, and reporting on the
process of sectoral integration,

— further integration of environmental criteria into
Community funding programmes without prejudice
to existing ones,

— full and effective use and implementation of environ-
impact assessment and strategic environ-

mental
mental assessment,

— that the objectives of the programme should be
taken into account in future financial perspective
reviews of Community financial instruments;

4.

promotion of sustainable production and consumption
patterns by effective implementation of the principles set
out in Article 2, to internalise the negative as well as the
positive impacts on the environment through the use of
a blend of instruments,
including market based and
economic instruments. This requires, inter alia:

— encouraging reforms of subsidies with considerable
negative effects on the environment and that are
incompatible with sustainable development,

— analysing the environmental efficiency of tradable
environmental permits as a generic instrument and
of emission trading with a view to promoting and
implementing their use where feasible,

— promoting the use of

fiscal measures such as

environmentally related taxes and incentives,

— promoting the integration of environmental protec-
tion requirements in standardisation activities;

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5.

improving collaboration and partnership with enterprises
and their representative bodies and involving the social
partners, consumers and their organisations, as appropri-
ate, with a view to improving the environmental perform-
ance of enterprises and aiming at sustainable production
patterns. This requires:

— promoting an integrated product policy approach
throughout the programme that will encourage the
taking into account of environmental requirements
throughout the life-cycle of products, and more
widespread application of environmentally-friendly
processes and products,

— encouraging wider uptake of the Community’s eco-
management and audit scheme (EMAS) (1) and
developing initiatives to encourage companies to
publish rigorous and independently verified environ-
mental or sustainable development performance
reports,

— establishing a compliance assistance programme,
with specific help for small and medium-sized
enterprises,

— stimulating the introduction of company environ-

mental performance award schemes,

— stimulating product innovation with the aim of
greening the market including through improved
dissemination of results of the LIFE programme (2),

— encouraging voluntary commitments or agreements
to achieve clear environmental objectives, including
setting out procedures in the event of non-com-
pliance;

6.

to help ensure that individual consumers, enterprises and
public bodies in their roles as purchasers, are better
informed about the processes and products in terms of
their environmental
impact with a view to achieving
sustainable consumption patterns. This requires:

— encouraging the uptake of eco-labels and other
forms of environmental information and labelling
that allow consumers to compare environmental
performance between products of the same type,

(1) Regulation (EC) No 761/2001 of the European Parliament and of
the Council of 19 March 2001 allowing voluntary participation
by organisations in a Community eco-management and audit
scheme (EMAS) (OJ L 114, 24.4.2001, p. 1).

(2) Regulation (EC) No 1655/2000 of the European Parliament and
of the Council of 17 July 2000 concerning the Financial Instru-
ment for the Environment (LIFE) (OJ L 192, 28.7.2000, p. 1).

— encouraging the use of reliable self-declared environ-
mental claims and preventing misleading claims,

— promoting a green public-procurement policy,
allowing environmental characteristics to be taken
into account and the possible integration of an
environmental life cycle, including the production
phase, concerns in the procurement procedures
while respecting Community competition rules and
the internal market, with guidelines on best practice
and starting a review of green procurement in
Community institutions;

7.

to support environmental
sector. This requires:

integration in the financial

— considering a voluntary initiative with the financial
sector, covering guidelines for the incorporation of
data on environmental costs in company annual
financial reports, and the exchange of best policy
practices between Member States,

— calling on the European Investment Bank to
strengthen the integration of environmental objec-
tives and considerations into its lending activities in
particular with a view to supporting a sustainable
development of candidate countries,

— promoting integration of environmental objectives
and considerations into the activities of other finan-
cial
institutions such as the European Bank for
Reconstruction and Development;

8.

to create a Community liability regime requires, inter alia:

— legislation on environmental liability;

9.

to improve collaboration and partnership with consumer
groups and NGOs and promote better understanding
of and participation in environmental
issues amongst
European citizens requires:

— ensuring access to information, participation and
justice through early ratification of
the Aarhus
Convention (3) by the Community and by Member
States,

(3) Convention on Access to Information, Public Participation in
Decision-making and Access to Justice in Environmental Matters,
Aarhus, 25 June 1998.

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— supporting the provision of accessible information
to citizens on the state and trends of the environ-
ment in relation to social, economic and health
trends,

The thematic strategies

3.
should be developed and
implemented in close consultation with the relevant parties,
industry, other social partners and public
such as NGOs,
authorities, while ensuring, as appropriate, consultation of
candidate countries in this process.

— general raising of environmental awareness,

— developing general rules and principles for good
environmental governance in dialogue processes;

The thematic strategies should be ready for implemen-
4.
tation five years after the adoption of the programme at the
latest.

10.

to encourage and promote effective and sustainable use
and management of land and sea taking account of
environmental concerns. This
fully
requires, while
respecting the subsidiarity principle, the following:

— promoting best practice with respect to sustainable
land-use planning, which takes account of specific
regional circumstances with particular emphasis on
the integrated coastal zone management pro-
gramme,

— promoting best practices and supporting networks
fostering the exchange of experience on sustainable
development including urban areas, sea, coastline,
mountain areas, wetlands and other areas of a
sensitive nature,

— enhancing the use, increasing resources and giving
broader scope for agri-environment measures under
the common agricultural policy,

— encouraging Member States

to consider using
regional planning as an instrument for improving
environmental protection for the citizen and pro-
moting the exchange of experience on sustainable
regional development, particularly in urban and
densely populated areas.

Article 4

Thematic strategies

1.
Actions in Articles 5 to 8 will include the development
of thematic strategies and the evaluation of existing strategies
for priority environmental problems
requiring a broad
approach. These strategies should include an identification of
the proposals that are required to reach the objectives set out
in the programme and the procedures foreseen for their
adoption. These strategies should, where appropriate, take the
form of a Decision.

5.
The Commission will report regularly to the European
Parliament and the Council on the progress of the develop-
ment, implementation and on the effectiveness of the stra-
tegies.

Article 5

Objectives and priority areas for action on tackling
climate change

The aims set out in Article 2 should be pursued by the

1.
following objectives:

— ratification and entering into force of the Kyoto Protocol
to the United Nations Framework Convention on Climate
Change by 2002 and fulfilment of its commitment of an
8 % reduction in emissions by 2008 to 2012 compared
to 1990 levels for the European Community as a whole,
in accordance with the commitment of each Member
State set out in the Council conclusions of 16 and 17 June
1998,

— realisation by 2005 of demonstrable progress in achieving

the commitments under the Kyoto Protocol,

— placing the Community in a credible position to advocate
an international agreement on more stringent reduction
targets for the second commitment period provided for
by the Kyoto Protocol. This agreement should aim at
cutting emissions significantly and take into account the
necessity to move towards a global equitable distribution
of greenhouse gas emissions.

These objectives shall be pursued by means, inter alia, of

2.
the following priority actions:

(i)

implementing international climate commitments includ-
ing the Kyoto Protocol by means of:

2.
The thematic strategies may include approaches among
those outlined in Article 3 and in Article 9 and relevant
qualitative and quantitative environmental targets and time-
tables against which the measures foreseen can be measured
and evaluated.

(a)

examining the results of
the European climate
change programme and adopting effective common
and coordinated policies and measures on its basis,
as appropriate, for various sectors complementary
to domestic actions in the Member States;

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(b) working towards the establishment of a Community
framework for the development of effective CO2
emissions trading with the possible extension to
other greenhouse gases;

(e)

promoting the development and use of alternative
fuels with the aim of substantially and continually
increasing their share and of low fuel consuming
vehicles;

(c)

improving monitoring of greenhouse gases and of
progress towards delivering Member States commit-
ments made under the Internal Burden-sharing
Agreement;

(ii)

reducing greenhouse gas emissions in the energy sector:

(a)

undertaking as soon as possible an inventory and
review of subsidies that counteract an efficient and
sustainable use of energy with a view to gradually
phasing them out;

(f)

promoting measures to reflect the full environmen-
tal costs in the price of transport;

(g)

decoupling economic growth and the demand for
transport with the aim of reducing environmental
impacts;

(iv)

reducing greenhouse gas emissions in industrial pro-
duction:

(b)

encouraging renewable and lower carbon fossil fuels
for power generation;

(a)

promoting eco-efficiency practices and techniques
in industry;

(c)

(d)

encouraging the use of renewable energy sources,
including the use of incentives, including at the local
level, with a view to meeting the indicative target of
12 % of total energy use by 2010;

introducing incentives to increase combined heat
and power and implement measures aiming at
doubling the overall share of combined heat and
power in the Community as a whole to 18 % of the
total gross electricity generation;

(e)

prevent and reduce methane emissions from energy
production and distribution;

(f)

promoting energy efficiency;

(b)

developing means to assist SMEs to adapt, innovate
and improve performance;

(c)

encouraging the development of more environmen-
tally sound and technically feasible alternatives aim-
ing at reducing emissions, phasing out the pro-
duction where appropriate and feasible, and reduc-
ing the use of industrial fluorinated gases HFCs (hyd-
rofluorocarbons), PFCs (perfluorocarbons) and SF6
(sulphur hexafluoride);

(v)

reducing greenhouse gas emissions in other sectors:

(iii)

reducing greenhouse gas emissions in the transport
sector:

(a)

promoting energy efficiency notably for heating,
cooling and hot tap water in the design of buildings;

(a)

(b)

(c)

(d)

identifying and undertaking specific actions to
reduce greenhouse gas emissions from aviation if no
such action is agreed within the International Civil
Aviation Organisation by 2002;

(b)

taking into account the need to reduce greenhouse
gas emissions, alongside other environmental con-
siderations, in the common agricultural policy and
in the Community’s waste-management strategy;

identifying and undertaking specific actions to
reduce greenhouse gas emissions from marine ship-
ping if no such action is agreed within the Inter-
national Maritime Organisation by 2003;

encouraging a switch to more efficient and cleaner
forms of transport including better organisation and
logistics;

identifying and undertaking specific action to reduce
greenhouse gas emissions from motor vehicles
including N2O;

(vi) using other appropriate instruments such as:

(a)

promoting the use of fiscal measures, including a
timely and appropriate Community framework for
energy taxation, to encourage a switch to more
efficient energy use, cleaner energy and transport
and to encourage technological innovation;

(b)

encouraging environmental agreements with indus-
try sectors on greenhouse gas emission reductions;

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(c)

ensuring climate change as a major theme of
Community policy for research and technological
development and for national research programmes.

Article 6

Objectives and priority areas for action on nature and
biodiversity

3.
In addition to the mitigation of climate change, the
Community should prepare for measures aimed at adaptation
to the consequences of climate change, by:

The aims set out in Article 2 should be pursued by the

1.
following objectives:

— reviewing Community policies, in particular those rel-
evant to climate change, so that adaptation is addressed
adequately in investment decisions,

— halting biodiversity decline with the aim to reach this
objective by 2010, including prevention and mitigation
of impacts of invasive alien species and genotypes,

— encouraging regional climate modelling and assessments
both to prepare regional adaptation measures such as
water-resources management, conservation of biodiver-
sity, desertification and flooding prevention and to sup-
port awareness-raising among citizens and business.

— protection and appropriate restoration of nature and

biodiversity from damaging pollution,

— conservation, appropriate restoration and sustainable use

of marine environment, coasts and wetlands,

4.
It must be ensured that the climate challenge is taken
into account in the Community’s enlargement. This will
require,
the following actions with candidate
countries:

inter alia,

— supporting capacity-building, for the application of dom-
estic measures for the use of the Kyoto mechanisms and
improved reporting and emission monitoring,

— supporting a more sustainable transport and energy

sector,

— ensuring that cooperation with candidate countries is

further strengthened on climate change issues.

5.
Combating climate change will form an integral part of
the European Union’s external relations policies and will
constitute one of the priorities in its sustainable development
policy. This will require concerted and coordinated efforts on
the part of the Community and its Member States with a view
to:

— capacity-building to assist developing countries and
countries with economies in transition for example
through encouraging projects in connection with the
clean development mechanism (CDM)
in the Kyoto
Protocol and joint implementation,

— responding to identified technology-transfer needs,

— conservation and appropriate restoration of areas of
significant landscape values including cultivated as well
as sensitive areas,

— conservation of species and habitats, with special concern

given to preventing habitat fragmentation,

— promotion of a sustainable use of the soil, with particular
attention to preventing erosion, deterioration, contami-
nation and desertification.

2.
the
These objectives shall be pursued by means of
following priority actions, taking into account the principle
of subsidiarity, based on the existing global and regional
conventions and strategies and full implementation of the
relevant Community acts. The ecosystem approach, as adopted
in the Convention on Biological Diversity (1), should be applied
whenever appropriate.

(a) On biodiversity:

— ensuring the implementation and promoting the
monitoring and assessment of the Community’s
biodiversity strategy and the relevant action plans,
including through a programme for gathering data
and information, developing the appropriate indi-
cators, and promoting the use of best available
techniques and of best environmental practices,

— promoting

research

genetic
on
resources, ecosystems and interactions with human
activities,

biodiversity,

— assisting with the challenge of adapting to climate change

in the countries concerned.

(1) OJ L 309, 13.12.1993, p. 1.

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— developing measures to enhance sustainable use,
sustainable production and sustainable investments
in relation to biodiversity,

(f)

Promoting the integration of biodiversity considerations
in agricultural policies and encouraging sustainable rural
development, multifunctional and sustainable agriculture,
through:

— encouraging coherent assessment, further research

and cooperation on threatened species,

— promoting at the global level a fair and equitable
sharing of benefits arising from the use of genetic
resources to implement Article 15 of the Convention
on Biological Diversity on access to genetic resources
originating from non-member countries,

— developing measures aimed at the prevention and
invasive alien species including alien

control of
genotypes,

— establishing

the Natura 2000 network

and
implementing the necessary technical and financial
instruments and measures required for
its full
implementation and for the protection, outside the
Natura 2000 areas, of species protected under the
Habitats and Birds Directives,

— encouraging full use of current opportunities of
the common agricultural policy and other policy
measures,

— encouraging more

environmentally responsible
farming,
including, where appropriate, extensive
production methods, integrated farming practices,
organic farming and agro-biodiversity,
in future
reviews of the common agricultural policy, taking
account of the need for a balanced approach to the
multifunctional role of rural communities.

(g)

Promoting sustainable use of the seas and conservation
of marine ecosystems, including seabeds, estuarine and
coastal areas, paying special attention to sites holding a
high biodiversity value, through:

— promoting the extension of the Natura 2000 net-

work to the candidate countries.

— promoting greater

integration of environmental
considerations in the common fisheries policy, tak-
ing the opportunity of its review in 2002,

(b) On accidents and disasters:

— promoting Community coordination to actions by
Member States in relation to accidents and natural
disasters by, for example, setting up a network for
exchange of prevention practices and tools,

— developing further measures to help prevent the
major accident hazards with special regards to those
arising from pipelines, mining, marine transport of
hazardous substances and developing measures on
mining waste.

(c) A thematic strategy on soil protection, addressing the
prevention of, inter alia, pollution, erosion, desertification,
land degradation,
land-take and hydrogeological risks
taking into account regional diversity, including specificit-
ies of mountain and arid areas.

(d)

Promoting sustainable management of extractive indus-
tries with a view to reduce their environmental impact.

(e)

Promoting the integration of conservation and restoration
of the landscape values into other policies including
tourism, taking account of relevant international instru-
ments.

— a thematic strategy for the protection and conser-
taking into
the marine environment
vation of
account, inter alia, the terms and implementation
obligations of marine conventions, and the need to
reduce emissions and impacts of sea transport and
other sea and land-based activities,

— promoting integrated management of coastal zones,

— further promote the protection of marine areas, in
particular with the Natura 2000 network as well as
by other feasible Community means.

(h)

Implementing and further developing strategies and
measures on forests in line with the forest strategy for
the European Union, taking account the principle of
subsidiarity and biodiversity considerations, incorporat-
ing the following elements:

— improving existing Community measures which
protect forests and implementing sustainable forest
management,
forest
programmes, in connection with rural development
plans, with increased emphasis on the monitoring
of the multiple roles of forests in line with rec-

through national

inter alia,

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ommendations adopted by the Ministerial Confer-
ence on the Protection of Forests in Europe and
the United Nations Forum on Forests and the
Convention on Biodiversity and other forums,

— encouraging the effective coordination between all
including the
policy sectors involved in forestry,
private sector, as well as the coordination of all
stakeholders involved in forestry issues,

— stimulating the increase of the market share for
sustainably produced wood,
through
encouraging certification for sustainable forest man-
agement and encouraging labelling of related prod-
ucts,

inter alia,

— continuing the active participation of the Com-
munity and of Member States in the implementation
of global and regional resolutions and in discussions
and negotiations on forest-related issues,

— examining the possibilities to take active measures
to prevent and combat trade of illegally harvested
wood,

— encouraging consideration of climate change effects

in forestry.

(i) On genetically modified organisms (GMOs):

— developing the provisions and methods for risk
assessment, identification, labelling and traceability
of GMOs in order to enable effective monitoring
and controls of health and environmental effects,

— aiming for swift ratification and implementation of
the Cartagena Protocol on Biosafety and supporting
the build up of regulatory frameworks in non-
member countries where needed through technical
and financial assistance.

Article 7

Objectives and priority areas for action on environment
and health and quality of life

The aims set out in Article 2 should be pursued by the
1.
taking into account relevant World
following objectives,
Health Organisation (WHO) standards, guidelines and pro-
grammes:

— achieving better understanding of the threats to environ-
ment and human health in order to take action to prevent
and reduce these threats,

— contributing to a better quality of

life through an

integrated approach concentrating on urban areas,

— aiming to achieve within one generation (2020) that
chemicals are only produced and used in ways that do
not lead to a significant negative impact on health and
the environment, recognising that the present gaps of
knowledge on the properties, use, disposal and exposure
of chemicals need to be overcome,

— chemicals that are dangerous should be substituted by
safer chemicals or safer alternative technologies not
entailing the use of chemicals, with the aim of reducing
risks to man and the environment,

— reducing the impacts of pesticides on human health and
the environment and more generally to achieve a more
sustainable use of pesticides as well as a significant overall
reduction in risks and of the use of pesticides consistent
with the necessary crop protection. Pesticides in use
which are persistent or bio-accumulative or toxic or have
other properties of concern should be substituted by less
dangerous ones where possible,

— achieving quality levels of ground and surface water that
do not give rise to significant impacts on and risks to
human health and the environment, and to ensure
that the rates of extraction from water resources are
sustainable over the long term,

— achieving levels of air quality that do not give rise to
significant negative impacts on and risks to human health
and the environment,

— substantially reducing the number of people regularly
affected by long-term average levels of noise, in particular
from traffic which, according to scientific studies, cause
detrimental effects on human health and preparing the
next step in the work with the Noise Directive.

These objectives shall be pursued by means of

2.
following priority actions:

the

(a)

reinforcement of Community research programmes and
scientific expertise, and encouragement of
the inter-
national coordination of national research programmes,
to support the achievement of objectives on health and
environment, and in particular:

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— the identification and recommendations on the
priority areas for research and action including
among others the potential health impacts of electro-
magnetic pollution sources and including particular
attention to the development and validation of
alternative methods to animal testing in particular
in the field of chemical safety,

— providing criteria for including among the substanc-
es of very high concern those that are persistent and
bio-accumulating and toxic and substances that
are very persistent and very bio-accumulative and
envisaging the addition of known endocrine disrup-
ters when agreed test methods and criteria are
established,

— the definition and development of indicators of

health and environment,

— the re-examination, development and updating of
current health standards and limit values, including
where appropriate, the effects on potentially vulner-
able groups, for example children or the elderly and
the synergies and the reciprocal impact of various
pollutants,

— the review of trends and the provision of an early
warning mechanism for new or emerging problems;

(b) on chemicals:

— placing

the

responsibility on manufacturers,
importers and downstream users for generating
knowledge about all chemicals (duty of care) and
assessing risks of their use, including in products, as
well as recovery and disposal,

— developing a coherent system based on a tiered
approach, excluding chemical substances used in
very low quantities, for the testing, risk assessment
and risk management of new and existing substances
with testing procedures that minimise the need
for animal testing and develop alternative testing
methods,

— ensuring that the chemical substances of concern are
subject to accelerated risk-management procedures
and that substances of very high concern, including
carcinogenic, mutagenic or toxic for reproduction
substances and those which have POPs (persistent
organic pollutants) characteristics, are used only in
justified and well defined cases and must be subject
to authorisation before their use,

— ensuring that the main measures that are necessary
in view of the identified objectives are developed
speedily so that they can come into force before the
mid-term review,

— ensuring public access to the non-confidential infor-
mation in the Community register on chemicals
(REACH register);

(c)

on pesticides:

— full implementation and review of the effectiveness
of the applicable legal framework (1) in order to
ensure a high level of protection, when amended.
This revision might
include, where appropriate,
comparative assessment and the development of
Community authorisation procedures for placing on
the market,

— a thematic strategy on the sustainable use of pesticid-

es that addresses:

(i) minimising the hazards and risks to health and
environment from the use of pesticides,

(ii)

improved controls on the use and distribution
of pesticides,

(iii)

reducing the levels of harmful active substances
including through substituting the most
dangerous with safer, including non-chemical,
alternatives,

(iv) encouragement of the use of low input or
pesticide free cultivation among others through
raising users’ awareness, promoting the use
of codes of good practices, and promoting
consideration of the possible application of
financial instruments,

(v)

a transparent system for reporting and moni-
toring progress made in fulfilling the objectives
of the strategy including the development of
suitable indicators;

— ensuring that the results of the risk assessments of
chemicals are taken fully into account in all areas of
Community legislation where chemicals are regu-
lated and to avoid duplication of work,

(1) Council Directive 91/414/EEC of 15 July 1991 concerning the
placing of plant protection products on the market (OJ L 230,
19.8.1991, p. 1). Directive as last amended by Commission
Directive 2001/49/EC (OJ L 176, 29.6.2001, p. 61).

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(d) on chemicals and pesticides:

— aiming at swift ratification of the Rotterdam Con-
vention on the Prior Informed Consent Procedure
for Certain Hazardous Chemicals and Pesticides in
International Trade and of the Stockholm Conven-
tion on Persistent Organic Pollutants (POPs),

— amending Council Regulation (EEC) No 2455/92 of
23 July 1992 concerning the export and import of
certain dangerous chemicals (1) with the aim of
bringing it into line with the Rotterdam Convention,
improving its procedural mechanisms and improv-
ing information to developing countries,

— support the improvement of the management of
chemicals and pesticides in developing and candi-
date countries, including the elimination of stocks
inter alia, by supporting
of obsolete pesticides,
projects aimed at such elimination,

— contributing to international efforts on the elabor-
ation of a strategic approach on international chemi-
cals management;

(e)

on the sustainable use and high quality of water:

— ensuring a high level of protection of surface and
groundwater, preventing pollution and promoting
sustainable water use,

— working towards ensuring full implementation of
the Water Framework Directive (2), aiming at a good
ecological, chemical and quantitative water status
and a coherent and sustainable water management,

— developing measures aimed at cessation of dis-
charges, emissions and losses of priority hazardous
substances, in line with the provisions of the Water
Framework Directive,

— ensuring a high level of protection of bathing water,
including revising the Bathing Water Directive (3),

(1) OJ L 251, 29.8.1992, p. 13. Regulation as last amended by
Commission Regulation (EC) No 2247/98 (OJ L 282, 20.10.1998,
p. 12).

(2) Council Directive 2000/60/EC of the European Parliament and of
the Council of 23 October 2000 establishing a framework for
Community action in the field of water policy (OJ L 327,
22.12.2000, p. 1).

(3) Council Directive 76/160/EEC of 8 December 1975 concerning
the quality of bathing water (OJ L 31, 5.2.1976, p. 1). Directive
as last amended by the 1994 Act of Accession.

— ensuring the integration of

the concepts and
approaches of the Water Framework Directive and
of other water protection directives in other Com-
munity policies;

(f)

on air quality, development and implementation of the
measures in Article 5 in the transport,
industry and
energy sectors should be compatible with and contribute
to improvement of quality of air. Further measures
envisaged are:

— improving the monitoring and assessment of air
quality, including the deposition of pollutants, and
the provision of information to the public, including
the development and use of indicators,

— a thematic strategy to strengthen a coherent and
integrated policy on air pollution to cover priorities
for further actions, the review and updating where
appropriate of air quality standards and national
emission ceilings with a view to reaching the long-
term objective of non-exceedance of critical loads
and levels and the development of better systems for
gathering information, modelling and forecasting,

— adopting appropriate measures concerning ground-

level ozone and particulates,

— considering indoor air quality and the impacts on
health, with recommendations for future measures
where appropriate,

— playing a leading role in the negotiations and the
implementation of the Montreal Protocol on ozone
depleting substances,

— playing a leading role in the negotiations on and
strengthening the links and interactions with inter-
national processes contributing to clean air in
Europe,

— further development of specific Community instru-
ments for reducing emissions from relevant source
categories;

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(g)

on noise:

— supplementing and further improving measures,
including appropriate type-approval procedures, on
noise emissions from services and products,
in
particular motor vehicles including measures to
reduce noise from the interaction between tyre and
road surface that do not compromise road safety,
from railway vehicles, aircraft and stationary
machinery,

— developing and implementing instruments to miti-
gate traffic noise where appropriate, for example by
means of transport demand reduction, shifts to
less noisy modes of transport, the promotion of
technical measures and of sustainable transport
planning;

(h) on urban environment:

— a

thematic

strategy promoting an integrated
approach across Community policies,
taking
account of progress made in implementing the
existing cooperation framework (1), reviewing it
where necessary, and addressing:

— the promotion of Local Agenda 21,

— the reduction of the link between economic
growth and passenger transport demand,

— the need for an increased share in public
transport, rail, inland waterways, walking and
cycling modes,

— the need to promote the use of low emission

vehicles in public transport,

— the consideration of urban environment indi-

cators.

Article 8

Objectives and priority areas for action on the sustainable
use and management of natural resources and wastes

The aims set out in Article 2 should be pursued by the

1.
following objectives:

— aiming at ensuring that the consumption of resources
and their associated impacts do not exceed the carrying
capacity of the environment and breaking the linkages

between economic growth and resource use.
In this
context the indicative target to achieve a percentage of
the electricity production from renewable
22 % of
energies by 2010 in the Community is recalled with
a view to increasing resource and energy efficiency
drastically,

— achieving a significant overall reduction in the volumes
of waste generated through waste-prevention initiatives,
better resource efficiency and a shift
towards more
sustainable production and consumption patterns,

— a significant reduction in the quantity of waste going to
disposal and the volumes of hazardous waste produced
while avoiding an increase of emissions to air, water and
soil,

— encouraging reuse, and for wastes that are still generated:
the level of their hazardousness should be reduced and
they should present as little risk as possible; preference
should be given to recovery and especially to recycling;
the quantity of waste for disposal should be minimised
and should be safely disposed of; waste intended for
disposal should be treated as closely as possible to the
place of its generation, to the extent that this does not
lead to a decrease in the efficiency in waste treatment
operations.

2.
These objectives shall be pursued taking into consider-
ation the integrated product policy approach and the Com-
munity’s strategy for waste management (2) by means of the
following priority actions:

(i) Developing a thematic strategy on the sustainable use
and management of resources, including, inter alia:

(a)

(b)

(c)

an estimate of materials and waste streams in the
Community,
including imports and exports for
example by using the instrument of material flow
analysis;

a review of the efficiency of policy measures and the
impact of subsidies relating to natural resources and
waste;

establishment of goals and targets for resource
efficiency and the diminished use of resources,
decoupling the link between economic growth and
negative environmental impacts;

(d) promotion of extraction and production methods
and techniques to encourage eco-efficiency and the
sustainable use of raw-materials, energy, water and
other resources;

(1) Decision No 1141/2001/EC of the European Parliament and of
the Council of 27 June 2001 on a Community framework for
cooperation to promote sustainable urban development
(OJ
L 191, 13.7.2001, p. 1).

(2) Council resolution of 24 February 1997 on a Community strategy

for waste management (OJ C 76, 11.3.1997, p. 1).

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(e)

development and implementation of a broad range
of instruments including research, technology trans-
fer, market-based and economic instruments, pro-
grammes of best practice and indicators of resource
efficiency.

sludge (1), biodegradable wastes, packaging (2), batteries (3)
and waste shipments (4), clarification of the distinction
between waste and non-waste and development of
adequate criteria for the further elaboration of Annex IIA
and IIB to the framework Directive on wastes (5).

(ii) Developing and implementing measures on waste preven-

tion and management by, inter alia:

Article 9

(a)

developing a set of quantitative and qualitative
reduction targets covering all relevant waste, to
be achieved at Community level by 2010. The
Commission is invited to prepare a proposal for
such targets by 2002;

Objectives and priority areas for action on international
issues

The aim set out in Article 2 on international issues and
1.
the international dimensions of the four environmental priority
areas of this programme involve the following objectives:

(b)

encourage ecologically sound and sustainable prod-
uct design;

— the pursuit of ambitious environmental policies at the
level paying particular attention to the

international
carrying capacity of the global environment,

(c)

raising awareness of the public’s potential contri-
bution on waste reduction;

— the further promotion of sustainable consumption and

production patterns at the international level,

(d)

the formulation of operational measures to encour-
age waste prevention, for example stimulating reuse
and recovery, the phasing out of certain substances
and materials through product-related measures;

— making progress to ensure that trade and environment

policies and measures are mutually supportive.

These objectives shall be pursued by means of

2.
following priority actions:

the

(e)

developing further indicators in the field of waste
management.

(a)

integrating environment protection requirements into all
the Community’s external policies, including trade and
development cooperation, in order to achieve sustainable
development by, inter alia, the elaboration of guidelines;

(iii) Developing a thematic strategy on waste recycling, includ-

ing, inter alia:

(a) measures aimed at ensuring source separation, the

collection and recycling of priority waste streams;

(b)

further development of producer responsibility;

(c)

development and transfer of environmentally sound
waste recycling and treatment technology.

(1) Council Directive 86/278/EEC of 12 June 1986 on the protection
of the environment, and in particular of the soil, when sewage
sludge is used in agriculture (OJ L 181, 4.7.1986, p. 6). Directive
as last amended by the 1994 Act of Accession.

(2) Directive 94/62/EC of the European Parliament and of the Council
of 20 December 1994 on packaging and packaging waste
(OJ L 365, 31.12.1994, p. 10). Directive as last amended by
Commission Decision 1999/177/EC (OJ L 56, 4.3.1999, p. 47).
(3) Commission Directive 93/86/EEC of 4 October 1993 adapting to
technical progress Council Directive 91/157/EEC on batteries and
accumulators containing certain dangerous substances (OJ L 264,
23.10.1993, p. 51).

(4) Council Regulation (EEC) No 259/93 of 1 February 1993 on the
supervision and control of shipments of waste within, into and
out of the European Community (OJ L 30, 6.2.1993, p. 1).
Regulation as
by Commission Decision
1999/816/EC (OJ L 316, 10.12.1999, p. 45).

amended

last

(iv) Developing or revising the legislation on wastes, includ-
ing, inter alia, construction and demolition waste, sewage

(5) Council Directive 75/442/EEC of 15 July 1975 on waste (OJ
L 194, 25.7.1975, p. 39). Directive as last amended by Com-
mission Decision 96/350/EC (OJ L 135, 6.6.1996, p. 32).

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(b)

establishing a coherent set of environment and develop-
ment targets to be promoted for adoption as part of ‘a
new global deal or pact’ at the World Summit on
Sustainable Development in 2002;

(c) work towards strengthening international environmental
governance by the gradual reinforcement of the multilat-
eral cooperation and the institutional framework includ-
ing resources;

aiming for swift ratification, effective compliance and
enforcement of international conventions and agreements
relating to the environment where the Community is a
party;

promoting sustainable environmental practices in foreign
investment and export credits;

level to arrive at
intensify efforts at the international
consensus on methods for the evaluation of risks to
health and the environment, as well as approaches of risk
management including the precautionary principle;

achieving mutual supportiveness between trade and the
needs for environmental protection, by taking due
account of the environmental dimension in sustainability
impact assessments of multilateral trade agreements to be
carried out at an early stage of their negotiation and by
acting accordingly;

further promoting a world trade system that fully recog-
nises multilateral or regional environmental agreements
and the precautionary principle, enhancing opportunities
for trade in sustainable and environmentally friendly
products and services;

(a)

development of improved mechanisms and of general
rules and principles of good governance within which
stakeholders are widely and extensively consulted at all
stages so as to facilitate the most effective choices for
the best results for the environment and sustainable
development in regard to the measures to be proposed;

(b)

strengthening participation in the dialogue process by
environmental NGOs
through appropriate support,
including Community finance;

(c)

improvement of the process of policy making through:

— ex-ante evaluation of the possible impacts, in particu-
lar the environmental
impacts, of new policies
including the alternative of no action and of the
proposals for legislation,

— ex-post evaluation of the effectiveness of existing
measures in meeting their environmental objectives;

(d)

ensuring that environment and notably the priority areas
identified in this programme are a major priority for
Community research programmes. Regular reviews of
environmental research needs and priorities should be
undertaken within the context of the Community frame-
work programme of research and technological develop-
ment. Ensuring better coordination of research related to
the environment conducted in Member States, inter alia,
to improve the application of results;

development of bridges between environmental and other
actors in the fields of information, training, research,
education and policies;

promoting cross-border environmental cooperation with
neighbouring countries and regions;

(e)

ensuring regular information that can help to provide the
basis for:

promoting a better policy coherence by linking the work
done within the framework of the different conventions,
including the assessment of interlinkages between biodi-
versity and climate change, and the integration of biodi-
versity considerations into the implementation of the
United Nations Framework Convention on Climate
Change and the Kyoto Protocol.

— policy decisions on the environment and sustainable

development,

— the follow up and review of sector integration
strategies as well as of the sustainable development
strategy,

(d)

(e)

(f)

(g)

(h)

(i)

(j)

Article 10

— information to the wider public.

Environment policy making

The objectives set out in Article 2 on environment policy-
making based on participation and best available scientific
knowledge and the strategic approaches set out in Article 3
shall be pursued by means of the following priority actions:

The production of this information will be supported by
regular reports from the European Environment Agency
and other relevant bodies. The information shall consist
notably of:

— headline environmental indicators,

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— indicators on the state and trends of the environ-

Article 11

ment,

— integration indicators;

(f)

reviewing and regularly monitoring information and
reporting systems with a view to a more coherent and
effective system to ensure streamlined reporting of high
quality, comparable and relevant environmental data and
information. The Commission is invited, as soon as
possible, to provide a proposal as appropriate to this end.
Monitoring, data collection and reporting requirements
should be addressed efficiently in future environmental
legislation;

Monitoring and evaluation of results

In the fourth year of operation of

1.
the programme
the Commission shall evaluate the progress made in its
implementation together with associated environmental trends
and prospects. This should be done on the basis of a
comprehensive set of indicators. The Commission shall submit
this mid-term report together with any proposal for amend-
ment that
it may consider appropriate to the European
Parliament and the Council.

2.
The Commission shall submit to the European Parlia-
ment and the Council a final assessment of the programme
and the state and prospects for the environment in the course
of the final year of the programme.

Article 12

This Decision shall be published in the Official Journal of the
European Communities.

Done at ...

(g)

reinforcing the development and the use of earth moni-
toring (e.g. satellite technology) applications and tools in
support of policy-making and implementation.

For the European Parliament

The President

For the Council

The President

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STATEMENT OF THE COUNCIL’S REASONS

I.

INTRODUCTION

On 26 January 2001 the Commission submitted to the Council a proposal for a Decision of the
European Parliament and of
laying down the Community environment action
the Council
programme 2001 to 2010 (sixth EAP) based on Article 175(3) of the Treaty (1).

The European Parliament gave its opinion on 31 May 2001.

The Economic and Social Committee gave its opinion on 30 May 2001.

The Committee of the Regions gave its opinion on 13 June 2001.

On 27 September 2001, the Council adopted its Common Position in accordance with Article 251
of the Treaty.

II. OBJECTIVE

The proposal establishes a programme for Community action on the environment for the next
10 years. It focuses in particular on climate change, nature and biodiversity, environment and health
as well as quality of life, and natural resources and wastes. For each of these areas, the programme
indicates key environmental objectives and certain targets, and identifies a number of actions to
achieve them.

Seven thematic strategies are to be developed by the Commission in order to establish further
quantifiable and time-bound objectives. These strategies will cover air quality,
the marine
environment, resource use, pesticides, waste recycling, soil protection issues and the urban
environment. They should be ready for implementation at the latest five years after the adoption of
the programme.

The initiatives to be taken to meet the objectives of the programme shall consist of a range of
measures, including legislation, voluntary agreements, improved information and involvement of
consumers, enterprises and public bodies. These initiatives shall be presented progressively and at
the latest four years after the adoption of the programme.

III. ANALYSIS OF THE COMMON POSITION

1.

GENERAL

The Council, although sharing the Commission’s view on the main priority areas, has
considerably tightened up the original proposal, in particular when it comes to objectives,
timetables, the development of thematic strategies, environmental integration, the relationship
with the candidate countries and the EU’s global responsibility for sustainable development.
The programme also stipulates that the environmental objectives defined should be achieved
within 10 years unless otherwise specified.

(1) OJ C 154 E, 29.5.2001, p. 218.

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The programme foresees, inter alia, that:

— a long-term climate objective is not to exceed a global temperature change of 2 °C over

preindustrial levels and to stabilise CO2 concentrations below 550 ppm,

— by the year 2010, 12 % of the total use of energy should be derived from renewable

energy sources,

— measures are presented within a number of policy areas which will contribute to the

fulfilment of the EU’s commitment to reduce greenhouse gas emissions,

— a halt to the loss of biodiversity should be achieved by 2010,

— within one generation, by 2020, only chemicals that do not have a significantly negative

impact on health and the environment should be produced and used,

— the improvement of air quality with a view to non-exceedance of critical loads and levels,

— the substantial reduction of people affected by detrimental health-related noise levels,

— a more sustainable use of pesticides, as well as a significant overall reduction in risks and
of the use of pesticides, consistent with necessary crop protection, should be achieved,

— economic growth should be decoupled from resource use,

— the amounts of waste produced should fall and recycling and reuse should receive priority,

— subsidies which counteract an efficient and sustainable use of energy should be reviewed

with a view to gradually phasing them out,

— green public procurement policy should be promoted, allowing environmental character-
istics to be taken into account and the possible integration of environmental life cycle
concerns, including the Production phase, into procurement procedures, starting a review
of procurement in Community institutions.

The EU’s global responsibility is emphasised by the fact that environmental concerns should be
integrated into all the Union’s external relations, including trade and development cooperation.
The relation between trade and the environmental protection needs should be clarified; as a
result all trade agreements should be analysed at an early stage from a sustainable development
perspective.

The Commission has accepted the Common Position agreed by the Council.

2.

PARLIAMENT’S AMENDMENTS

The Council accepted, in substance or in part, 174 of the 221 amendments proposed by the
European Parliament. It should be noted that the important changes in the structure of the
Decision make it difficult
to establish a precise correspondence between Parliament’s
amendments and the Council’s Common Position. Thus a great majority of amendments have
not been taken up literally but are in fact covered in substance or in principle by the Common
Position.

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In particular, the Council:

(a)

introduced in the Common Position 174 amendments in part or in principle as follows:

amendments 2 and 20 on thematic strategies: the Common Position includes a new
recital 16, in parallel to a new Article 4, explaining the nature and content of thematic
strategies. These amendments are therefore covered in their principle by the Common
Position;

amendments 3 and 4 on ex-post controls: given the operational nature of these amendments,
which are better suited for the body of the Decision, the Common Position foresees a
number of additional actions in Article 3(2) on implementation and enforcement of
Community legislation, as well as a specific reference to ex-post evaluation in Article 10(c)
which cover the substance of amendment 3 and part of amendment 4;

amendments 6 and 7 on integration: the substance of these amendments, of an operational
nature, is partly covered by Article 3(3), although the Common Position opts for a more
general language;

amendment 9 on renewable resources: the substance of this amendment, of an operational
nature, can partly be found in Article 5 (on climate change) (2)(ii) on the reduction of
greenhouse gas emissions in the energy sector, where an indicative target on the use of
renewable energy sources has also been added;

amendment 11 on citizen involvement: the substance of this amendment, of an operational
nature, can be found in Article 3 (strategic approaches to meeting environmental
objectives), notably in paragraphs 6 and 9;

amendments 12 and 13 on wastes: recital 29 of the Common Position merges the original
recitals on wastes (amendment 13), however the operational aspects of amendment 12
are to be found in Article 8 (on sustainable use and management of natural resources and
wastes), particularly in paragraph 1 (objectives) second indent, and paragraph 2(ii)
(measures on waste prevention and management);

amendment 14 on transport policy: recital 30 covers this amendment in substance;

amendment 260 on environment policy-making: the precautionary principle is now
specifically the subject of recital 5. In addition, Article 2 (principles and overall aims)
covers this amendment particularly in paragraph 3 (introductory phrase, first and second
indents);

amendment 261 on information: is partly covered by recital 33 and by Article 10(e) and
(f);

amendment 16 on the Aarhus Convention: this amendment, of an operational nature, is
covered in its substance by Article 3(9);

amendment 21 on the title of Article 2 is covered in substance by the Common Position,
and the specific objectives for each priority areas have been transferred from Article 2 to
the specific Articles (5 to 9) as suggested by the European Parliament;

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amendments 22, 23 and 24 on policy principles and integration: are covered in substance
by the Common Position which elaborates on the programmes’ policy principles in
Article 2 (principles and overall aims) (1), drawing from Article 174 of the Treaty. In
respect to integration (Article 6 of the Treaty), a full reference is introduced in recital 13.
In addition Article 2(4) is devoted to integration of environmental protection requirements
into other policies. The Common Position addressed in depth the question of indicators
and monitoring (second part of Amendment 24) in Article 10 (on environment policy
making) (e);

amendment 25 on sustainable development: is covered partly in Article 2(1) second indent,
while the international dimension of sustainable development, notably the Rio +10
Conference of 2002, is addressed in Article 9;

amendments 26, 27, 28, 29, 32 and 33 on the structure of the Decision: are mostly covered
by the Common Position which has transferred all the area-related specific objectives to
the corresponding Articles of the Decision;

amendments 34, 35, 37, 39, 40 on the general objectives of the programme: are covered
in principle and partly by the Decision, which maintains a general aim for each area in
Article 2(2). Several of the detailed objectives suggested by these amendments are
developed in the specific Articles devoted to each area (Articles 5 to 8);

amendment 43 on Local Agenda 21: this reference is taken up in Article 7 (on environment
and health and quality of life) (2)(h), on actions related to the urban environment;

amendments 276 and 44 on development of legislation: are covered in part by the Common
Position whereby a new paragraph 1 is introduced in Article 3 to address this issue in
particular. However, the principles on which legislation should be based figure already in
the preamble and in Article 2(1) and are not repeated here. In addition, the section on
implementation of legislation is maintained and further developed (Article 2(2));

amendment 45 on integration: is covered in principle by Article 3 (strategic approaches)
(3) making reference to the need of specific environmental objectives, targets, timetables
and indicators in the different policy areas, while the specific policy sectors are addressed
case-by-case, in the Articles devoted to each priority area;

amendments 47 and 51 on the Commission’s organisation and Decisions: are covered in
substance, without the obligatory element, respectively by the third indent of Article 3(3),
which is relevant to all the Community institutions and by the sixth indent of the same
Article, which introduces a comprehensive reference to environmental impact assessment;

amendment 263 on negative subsidies: is covered in part by Article 3(4) first indent, calling
for the reform of subsidies with considerable negative environmental effects, keeping in
mind that the applicable time-frame would be that generally applicable to the whole
programme and that an inventory of ‘negative’ subsidies, as well as their gradual phasing
out is foreseen specifically in Article 5 (climate change) (2)(ii) in relation to the energy
sector;

amendment 50 on the common agricultural policy and Community funding programmes:
the principle of this amendment is covered by Article 3(3) (particularly the first, fifth and
seventh indents) and by Article 6 (on nature and biodiversity) (2)(f) specifically devoted to
the common agricultural policy;

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amendment 53 on encouraging innovation and involvement of local communities is
implicitly covered by Article 3(6), (9) and (10);

amendment 54 on research: Article 10 (on environment policy making) point (d) specifically
addresses the issue of research in the Community and in the Member States;

amendments 55, 57, 58, 59, 60 61, 62 on implementation: while amendment 55 is taken
up in full (Article 3(2) introductory phrase) amendments 57, 58, 59, 60, 61 and 62 are
covered in part or in principle, sometimes implicitly, by Article 3(2) of the Common
‘increased measures to
Position, notably by the more general wording (first indent)
improve respect for Community rules on the protection of
the environment and
addressing infringements of environmental legislation’;

amendment 64 on upgrading knowledge: is covered in substance by Article 10(d) (on
research needs) and (f) (on monitoring, data collection and reporting systems);

amendment 264 on thematic strategies: is mostly covered by a new Article 4 of the
Common Position. In relation to the decision-making process to be envisaged for the
thematic strategies, a framework directive has not been considered suitable in all cases
given the purpose of the strategies, which should themselves identify further proposals
required to reach the objectives of the programme and the procedures foreseen for their
adoption. The text of the Common Position maintains flexibility, and foresees that the
strategies should take the form of a Decision where appropriate. Furthermore, while it is
clear that indicators will be needed in order to measure the achievements of the thematic
strategies — where quantitative targets and timetables will be identified (paragraph 2), an
additional paragraph on indicators has not been included in order to avoid overlap with
Article 10(e) specifically devoted to this matter;

amendment 67 on Community research: is covered in substance by Article 10(d);

amendments 292, 69 and 70 on environmental performance of enterprises: are covered in
first and fifth indents) and
principle by Article 3(5)
paragraph 6 (addressing inter alia, public bodies, including local authorities);

(notably introductory phrase,

amendments 265 and 286 and 72 on legal frameworks for voluntary commitments: are
partly covered by Article 3(5) last indent, on the encouragement of voluntary agreements
which calls for procedures to be set up in the event of non-compliance while flexibility is
maintained in relation to the cases where these agreements need to be encouraged. In as
far as these will be part of the thematic strategies, they will contain targets, timetables and
a monitoring mechanism; furthermore the Council and the European Parliament will be
involved in their definition;

amendment 73 on training:
is covered in principle by Article 10(d) whereby the
development of bridges between environmental and other actors in the field of
information, training, research, education and other policies is called upon, and keeping
in mind that the activities under the Community framework programme also include
training;

amendment 74 on small and medium-sized enterprises:
Article 3(5) (notably introductory phrase coupled with third indent);

is covered in principle by

amendment 75 on fiscal measures: is covered in substance by Article 3(4), third indent;

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amendment 78 on public procurement: is covered in substance by Article 3(6), third indent;

amendments 82 and 88 on participation and access to information: are covered in substance
by Article 3(9), although children and young people are not specifically mentioned;

amendment 91 on education: the need to link education and environmental and other
actors is mentioned in Article 10(d), second indent, taking account of the limits of
Community competence in this area;

amendment 92 on raising awareness: is covered in substance by Article 3(9), third indent;

amendment 93 on interregional protection projects: is covered by Article 3(10) (introduc-
tory phrase and first indent) and Article 9 (on international issues) (2)(i);

amendments 96, 97, 98 and 101 on regional and spatial planning: while amendment 96 is
covered in full by Article 3(10), last indent, amendments 97, 98 and 101 are covered in
part and in principle by the first and second indents of the same paragraph also taking
into account that climate change prevention is fully addressed in Article 5 and that
sustainable urban environment is addressed in Article 7;

amendment 104 on general aims for actions on climate change is covered by Article 2(2),
first indent, without mention of the reduction target of 50 % by 2040, considered
premature;

amendments 105 and 247 on the Kyoto Protocol: while amendment 105 is fully
incorporated in Article 5(1), first indent, amendment 247 is partly covered by the same
indent;

amendment 106 on CO2 emissions from transport: although not covered as such, a
complete paragraph on transport (Article 5(2)(iii)) is now foreseen in the present Article;

amendments 107 and 108 on implementation and further reductions: are broadly covered
by Article 5(1), second and third indents, although the identification of additional
reduction targets is considered premature at this stage;

is covered in the Common Position by the
amendment 109 on product standards:
horizontal provision on standards (Article 3(4), last indent) and by Article 5(2) (ii) (c) and
(f) and (2)(iii) (e);

amendment 114 on sectoral objectives: is covered through the distinction by sector of
actions to be undertaken for reducing greenhouse gas emissions;

amendments 116, 117, 120, 248, 123, 291, 284, 127, 128 and 130, on the energy,
transport, industrial, and fiscal sectors: are covered in full or in part by Article 5(2) (ii),
(iii), (iv), (vi) although the language used in the Common Position is sometimes broader;

amendment 254 on energy efficiency in the candidate countries: is covered in substance by
Article 5(4) devoted to candidate countries;

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amendments 133, 134, 136, 138 and 140 on aims and objectives in the area of nature and
biodiversity: amendment 133 is covered by Article 2(2), second indent, and by Article 6(1);
amendments 134, 136, 138, 140 are also incorporated in the latter paragraph;

amendments 137, 139, 142, 143, 144, 145, 150, 257, 268, 283, 155, 158, 159, 166 and
259 on actions for protection of nature and biodiversity: are covered in substance or in
part by Article 6(2)(a) (amendments 137,142, first part of 143, 144, 145); (g) (second
part of amendment 143, amendment 268);
(f)
(amendments 150, 257) and (i) (amendments 158, 159, 166, 259);

(amendments 139, 283, 155);

(h)

amendment 141 on protection of water: to avoid overlapping of actions, this subject is
addressed substantially in Article 7 of the Common Position (notably paragraph 2 (e)),
while recognising that water protection could be addressed theoretically in both Articles 6
and 7;

amendment 151 on biodiversity action plans: is partly covered by Article 6(2)(a), first
indent although the language of the Common Position is broader, referring to the
Community’s biodiversity strategy and the relevant action plans, without specifying their
content and administrative level. Natura 2000 is specifically addressed in the seventh
indent of the same paragraph;

amendments 148 and 157 on protection of soil and marine environments: are taken up in
their essence by Article 6(2)(c) and (g) respectively, taking into account the need to avoid
both prejudging the ongoing reflections on the content of these thematic strategies and
duplication with the Common Provisions applicable to all the thematic strategies of
Article 4;

amendment 256 on landscape protection: is partly introduced in Article 6(2)(e) although
this theme is not considered appropriate for a thematic strategy and a more general
reference is made to the relevant international instruments;

amendment 160 on the aims for the area of environment, health and quality of life: is
covered in substance by Article 2(2), third indent, with a broader all-inclusive language so
that specific references to food and drinking water can be omitted;

amendments 161, 270,167(in part), 169, 170, 177, 180, 282 (second part) on the objectives
for the area of environment, health and quality of life: are covered in full or in part in
Article 7(1);

amendments 289, 165, 167 (in part), 168, 171, 172, 174, 175, 178, 179, 182, 183, 184,
188, 189, 192, 194, 195, 193 and 277, 199, 200, 204, 282 (first part) on specific actions
in the same area: are covered in part or in principle by Article 7(2)(a) (amendments 172,
174, 175, 204); (b) (amendments 165, 178, 179, 289); (c) (amendments 184, 188, 189);
(d) (amendments 182, 183); (e) (part of amendments 167, 192, 193/277, 194, 195); (f)
(amendments 168, 199, 200); (g) (amendment 282 (first part); (h) (amendment 171);

amendment 181 on international conventions: is covered by the horizontal action foreseen
in Article 9 (on international issues) (2)(d);

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amendment 207 on the urban environment: is partly taken up by Article 7(2)(h) of the
Common Position. Given the limits of Community competence and the horizontal nature
of this theme, covering several of the points addressed elsewhere in the programme, the
Common Position considers a thematic strategy more suitable than a legislative framework
at this stage, allowing stakeholder consultation and careful consideration of the additional
issues to be tackled at EU level;

amendments 278 and 200 on aims and objectives for sustainable use and management of
natural resources and wastes: are taken up partly in Article 2(2), fourth indent and partly
in Article 8(1) and (2);

amendment 212 on sustainable use of resources: the amendment has not been included as
such although the thematic strategy on the sustainable use and management of resources
will establish goals and targets for resource efficiency and the diminished use of resources.
The link with the Community research programme is covered by a paragraph foreseen to
this end in Article 10(d);

amendments 213, 215, 216, 217, 219, 220 and 222 on actions for sustainable use and
management of natural resources and wastes: are covered in substance or in part by
Article 8(2) (i) (amendment 213); (iii) (amendments 217, 219, 220); (iv) (amendments 215,
216, 222);

amendment 251 on the Kyoto Protocol and the EU’s external relations is covered in
substance by Article 5(5) entirely devoted to this subject;

amendment 226 on multilateral agreements: is reflected in Article 9(2) (g) and (h);

amendments 227 and 239 on supporting sustainable development at regional and local
level and Local Agenda 21: amendment 227 is covered in substance by Article 3, (6) and
(10) while Local Agenda 21 is referred to in Article 7(2) (h) on the urban environment;

amendment 228 on cooperation with developing countries: is reflected in Article 9(2)(a)
and (c);

amendment 229 on the precautionary principle: is taken up in Article 9(2)(f);

amendment 230 on trade agreements: is reflected in substance in Article 9(2)(g);

amendments 231 and 232 on cross-border pollution: are covered in substance by
Article 9(2)(i);

amendment 233 on objectives for environment policy-making: figures in Article 10
(introductory phrase) where a reference to the strategic approaches set out in Article 3 is
introduced;

amendments 274 and 236 on rules for dialogue: are covered in principle by the general
wording of Article 10(a) where improved mechanisms and general rules and principles of
good governance are to be developed for consultation of stakeholders;

amendments 234, 237 and 244 on the Aahrus Convention and access to information: are
covered in full, in substance, or in principle by Article 3(9);

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amendment 235 on supporting NGOs: is included in Article 10(b);

amendment 238 on strategic environmental assessment: is incorporated in Article 3(3);

amendments 240, 241, 243 on actions to improve environmental policy making: are
covered in part or in their principle by Article 10(d), (f) and (g) respectively;

amendments 245 and 281 on evaluation and reporting: are covered in part by Article 11(1);

(b) did not include 47 amendments in the Common Position. In particular:

— the Council followed in respect of amendments 5, 8, 10, 36, 41, 42, 48, 252, 56,
63, 65, 80, 81, 266, 85, 90, 94, 99, 118, 132, 147, 162, 176, 187, 191, 196, 198,
201, 203, 218, 223, 224, 280 the position expressed by the Commission,

— the Council did not accept 13 amendments accepted in full or in part by the

Commission for the following reasons:

amendment 68 on environmental liability: although the spirit of this amendment is
partially incorporated in Article 3, notably paragraph 4, the Council considers that a
reference to compulsory civil liability insurance is premature, and that the outcome
of negotiations on a future Commission proposal on environmental liability should
not be prejudged;

amendments 30 and 31 on the candidate countries: a general and comprehensive
paragraph on the policies and approaches that contribute to sustainable development
in the accession countries was considered necessary in Article 2 on the general
objectives of
leaving to the specific Articles only the aspect
specifically linked to the priority areas;

the programme,

amendment 288 on legislation on environmental liability: given the forthcoming
Commission proposal and the difficulty of the subject, the Council prefers not to
pre-empt the results of the negotiations or to indicate a precise deadline for their
accomplishment;

amendment 95 on sustainable land-use planning: the Council considers that sufficient
flexibility is foreseen in Article 3(10) introductory phrase and first indent to cover
transport, cultural heritage and historic urban areas and considers it more appropriate
to avoid mentioning in the programme a detailed list of specific topics on which
emphasis should be placed, given that these will be examined case-by-case;

amendments 100 and 246 on the revision of the CAP: the Council considers that the
results of the revision of the common agricultural policy, foreseen in 2002, should
not be prejudged. Furthermore, the amendment is covered to a great extent by
Article 3(3), which stresses the need for the integration of the environment into
other Community policies, by Article 5 where alternative energy sources are
addressed and by Article 8 where a thematic strategy on recycling is foreseen;

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amendment 290 on emission trading: the Council considers it premature to fix
2005 as a deadline for establishing a Community-wide emission-trading scheme.
Furthermore the need for clear monitoring is covered by the wording of
Article 5(2)(i)(b) which calls for an effective CO2 emission-trading Community
framework;

amendment 287 on alternative fuels: although the Common Position introduces a
quantitative
sources
(Article 5(2)(ii)(c)), a further quantitative target on consumption of alternative fuels
for cars and trucks is considered too specific for the purposes of this programme;

in relation to the use of

renewable

energy

target

amendment 131 on adaptation measures to prepare for climate change: the Council
did not include a specific mention of the local level for adaptation measures; these
are not necessarily excluded by the present wording of Article 5(3);

amendment 152 on the common fisheries policy: the wording of this amendment
is considered too prescriptive for actions on the integration of environmental
considerations into other Community policies;

amendment 156 on green-belt networks in Europe: the principle of this amendment,
which needs further clarification, might be considered to be covered by Article 6(2)(h),
second indent, and by Article 9(2)(i);
‘green belt networks in Europe’ are not
mentioned as such in the Common Position;

amendment 173 on the sixth framework programme for RTD: the Council does not
consider necessary to specifically mention the sixth framework programme given
that this is covered by a general reference to the Community research programmes
(Article 7(2)(a)). The Community framework programmes are also specifically
addressed by Article 10(d);

amendment 279 on reassessment of the Integrated Pollution Prevention and Control
(IPPC) Directive: the Council did not add this reference to the Common Position,
noting that the Commission includes ‘further implementation and development of
the IPPC Directive’ among the activities to be undertaken in the framework of actions
on environment and health in the communication accompanying the Commission
proposal for a sixth environmental action programme (COM(2001) 31 final).

IV. OTHER CHANGES INTRODUCED BY THE COUNCIL

The Council carried out a relatively extensive restructuring of the text of the Decision. To enhance
the focus of Article 2 on the principles and overall aims of the programme the specific objectives
that this Article contained have been moved to the specific Articles devoted to the four priority areas
of the programme.

Besides adding a specific Article on the thematic strategies, the Council elaborated on all the Articles
of the Commission proposal, to make them more precise and adding where possible concrete targets
and timetables, as illustrated in Section III.1.

The Council also modified and added a number of recitals, to motivate the content of the Articles of
the Decision.

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V.

CONCLUSIONS

The Council considers that its Common Position, which incorporates the amendments mentioned
in Section III.2.(a), takes largely into account the opinion of the European Parliament at first reading.
It represents a balanced solution for a new action programme which, compared to the fifth action
programme and given its 10-year time-frame, needs to be ambitious and comprehensive and at the
same time realistic and flexible.