Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 87/217/EEC of the Council, Directive 2003/87/EC of the European Parliament and of the Council, Directive 2009/31/EC of the European Parliament and of the Council, Regulation (EU) No 1257/2013 of the European Parliament and of the Council, Council Directive 86/278/EEC and Council Directive 94/63/EC as regards procedural rules in the field of environmental reporting and repealing Council Directive 91/692/EEC
Date: 2016-12-15
Institutions: Directorate-General for Environment, European Commission
Subjects: EU environmental policy, European Commission, delegated legislation, disclosure of information, dissemination of information, environmental protection, power of implementation, powers of the institutions (EU), report

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   EUROPEAN COMMISSION  Brussels, 15.12.2016  COM(2016) 789 final 2016/0394 (COD)   Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 87/217/EEC of the Council, Directive 2003/87/EC of the European Parliament and of the Council, Directive 2009/31/EC of the European Parliament and of the Council, Regulation (EU) No 1257/2013 of the European Parliament and of the Council, Council Directive 86/278/EEC and Council Directive 94/63/EC as regards procedural rules in the field of environmental reporting and repealing Council Directive 91/692/EEC   
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

GENERAL BACKGROUND 

Many  legal  acts  of  the  Union  were  adopted  without  an  expiry  date.  These  acts  remain 
formally in force even if their legal effects have been exhausted. 
Eliminating  acts  that  are  no  longer  applicable  or  relevant  permits  a  more  user-friendly 
presentation  and  more  efficient  and  time-saving  scrutiny  of  tools  that  facilitate  access  to 
Union  law: CELEX,  EUR-Lex  and  the  Directory  of  Legislation  in  force  (e.g.  search  results 
would  no  longer  show  obsolete  acts  alongside  those  which  are  applicable).  Improving  the 
transparency  of  Union  law  is  an  essential  element  of  the  Better  Regulation  agenda  that  the 
Union Institutions are pursuing also under the new Interinstitutional Agreement on better law-
making1.  The  2014  REFIT  Communication2  announced  that  the  Commission  will  prepare 
repeals  of  legislation,  inter  alia,  in  relation  to  standardized  reporting  in  the  area  of 
environment.  Moreover,  the  2015  Better  Regulation  Communication3  called  for  a  broad 
review of reporting in several policy areas including the environment. Given these links, the 
repeal of Council Directive 91/692/EEC of 23 December 1991 standardizing and rationalizing 
reports  on  the  implementation  of  certain  Directives  relating  to  the  environment  ("Directive 
91/692/EEC")  is  now  being  addressed.  This  is  also  linked  to  a  wider  Fitness  Check  for 
environmental monitoring and reporting. That Fitness Check is now underway, as set out in 
the  Commission's  Work  Programme  20164,  which  mentioned  the  proposal  for  repeal  of 
Directive 91/692/EEC and the related water questionnaire Decision 95/337/EEC under repeal 
initiatives in Annex V.  

The  repeal  package  consists  of  four  proposed  initiatives  related  to  the  repeal  of  Directive 
91/692/EEC and Decision 95/337/EEC:  

1. 

2. 

3. 

A Communication which declares the obsolescence of 11 implementing acts adopted 
by the Commission to establish questionnaires for environmental reporting including 
Decision 95/337/EEC.  

Two proposals for Commission Decisions repealing 2 of the implementing decisions 
(via  comitology  procedures),  namely  Commission  Decision  2011/92/EU  of  10 
February  20115 and  Commission  Decision  2010/681/EU of 9 November 20106 that 
have  exhausted  their  legal  effect,  but  for  procedural  reasons  will  be  repealed  via  a 
later comitology procedure by the Commission. 

Proposal  for  a  European  Parliament  and  Council  Decision,  which  will  repeal  and 
amend provisions of the 6 legal acts referring to Directive 91/692/EEC. 

To prepare these initiatives, the Commission has undertaken an analysis and looked into the 
consequences  of  keeping  or  repealing  the  various  obligations.  The  result  of  this  work  is 
summarised below and is  presented in  more detail in a supporting study which is published 
separately.7  As  the  aim  is  to  repeal  obsolete  provisions  and  legal  acts,  it  is  considered  that 
there is no need for a formal impact assessment to be carried out. It is important to highlight 

1 
2 

3 
4 
5 
6 
7 

OJ L 123, 12.05.2016, p 1 – 14. 
COM(2014)  368  on  Regulatory  Fitness  and  Performance  Programme  (REFIT):  State  of  Play  and 
Outlook under section III. on "Future REFIT initiatives". 
COM(2015) 215 of 19 May 2015. 
COM(2015) 610 of 27 October 2015. 
OJ L 37, 11.2.2011, p. 19–24. 
OJ L 292, 10.11.2010, p. 65–67. 
Accessible at: http://ec.europa.eu/environment/legal/reporting/other_actions_en.htm 

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that  there  are  no  real  economic  benefits  expected  to  be  harvested  as  a  result  of  the  repeal 
exercise.  Main  benefits  will  be  mainly  linked  to  have  a  clearer  set  of  rules  on  reporting 
resulting from this clean-up exercise. 

Shortcomings of Directive 91/692/EEC  

The  Directive  91/692/EEC  (SRD)  aimed  at  streamlining  the  reporting  obligations  of  all  EU 
environmental  legislation  in  effect  at  the  time  of  its  adoption.  However  in  practice,  not  all 
environmental  reporting  requirements  were  harmonized  by  Directive  91/692/EEC.  For 
instance Directives 91/271/EEC8 and 91/676/EEC9 were excluded from scope. It can be also 
observed that the implementation of the Directive was burdensome and ineffective from the 
outset. One main problem was that the directive was adopted prior to the widespread use of 
information  technology  (IT).  Furthermore,  many  of  the  individual  instruments  for  which 
Directive  91/692/EEC  set  out  reporting  requirements  were  subsequently  replaced  by 
instruments  which  disregarded  its  reporting  provisions.  For  example,  the  Directive 
2000/60/EC10  repealed  seven  pieces  of  water  legislation  and  hence  the  related  water 
questionnaire  95/337/EEC  adopted  under  Directive  91/692/EEC  became  redundant. 
Instruments  such  as  the  Directive  2000/60/EC  and  the  Directive  2010/75/EC11  (and  its 
predecessor, Directive 96/61/EC)12 introduced independent reporting obligations.  

With the successful development of the European Environmental Agency's (EEA) Reportnet 
and  sectoral  initiatives  on  streamlining  of  reporting  (e.g.  the  Water  Information  System  for 
Europe), the need and effectiveness of a horizontal instrument on reporting was increasingly 
put into question. Finally, the adoption of the INSPIRE Directive (2007/2/EC), and the related 
development  of  the  Shared  Environment  Information  System  (SEIS),13  introduced  a  more 
modern and effective, horizontal approach to information management and reporting related 
to EU environmental policy.  

The  Commission  concluded  at  the  time  that  "[…]  a  key  step  in  implementing  SEIS,  and 
especially  to  trigger  the  expected  simplification  benefits,  will  be  to  modernise  the  legal 
provisions relating to the way in which information required by environmental legislation is 
made available. It is expected that this will be done by revising the Standardised Reporting 
directive  91/692/EC,  which  needs  to  be  updated  and  brought  into  line  with  the  SEIS 
principles. To  this  end,  the  Commission intends  to  come forward  with  a  relevant  legislative 
proposal  in  2008,  including  a  repeal  of  outdated  provisions  in  the  current  standardised 
reporting directive."14 In the end, the Commission decided not to come forward with a new 
legal instrument on reporting but to pursue this agenda through a non-legal approach (see EU 
Shared  Environmental  Information  System-Implementation  Outlook15)  combined  with 
coordinated action in the different environmental policy areas (such as water, air, nature, etc.).  

Summary of current scope and relevance of Directive 91/692/EEC 

Directive 91/692/EEC refers to 28 environmental acts covered by its provisions. A number of 
further acts make use of Directive 91/692/EEC. Currently due to subsequent repeals of these 
acts  (see  overview  in  table  2),  1  regulation,  9  directives  (see  overview  in  table  1)  (two 

8 
9 
10 
11 
12 
13 
14 

15 

Urban Waste Water Directive 
Nitrates Directive 
Water Framework Directive 
Industrial Emissions Directive 
IPPC Directive 
COM(2008) 46 of 1 February 2088 
Communication  from  the  Commission  to  the  Council,  the  European  Parliament,  the  European 
Economic and Social Committee and the Committee of the Regions - Towards a Shared Environmental 
Information System (SEIS) {SEC(2008) 111} {SEC(2008) 112} /* COM/2008/0046 final * 
SWD(2013) 18 of 25 January 2013 

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directives  remain  subject  to  its  provisions,  namely  Directive  86/278/EEC  and  Directive 
87/217/EEC)  and  23  decisions  remain  in  force  that  still  make  reference  to  those  provisions 
(see overview in table 3). 

In conclusion, the majority of the original obligations set out in Directive 91/692/EEC have 
become obsolete and have no legal effect anymore As a result, the proposal for a repeal has 
been made to ensure legal certainty, improve transparency, reduce administrative burden and 
ensure that EU legislation is "fit for purpose" in line with the Better Regulation agenda.  

Proposed actions to repeal Directive 91/692/EEC and related acts 

The first action is  a proposal for a Decision  of the European Parliament  and  of the Council 
removing  requirements  for  standardized  reporting.  It  is  also  proposed  that  references  to  the 
old  comitology  rules  are  replaced  by  Regulation  (EU)  No  182/2011  of  the  European 
Parliament  and  of  the  Council  of  16  February  2011  laying  down  the  rules  and  general 
principles  concerning  mechanisms  for  control  by  Member  States  of  the  Commission’s 
exercise of implementing powers as required by Article 13 thereof on transitional measures. 

The  second  action  aims  at  adoption  of  a  Communication  on  declaring  obsolescence  of  the 
implementing  Decisions  under  Directive  91/692/EEC  still  in  force.  The  Communication 
identifies the Decisions that have become obsolete and whose legal basis was repealed.  

The  third  action  will  aim  to  repeal two  implementing  decisions,  that  still  have  a  valid  legal 
basis but in the meantime have exhausted their legal effects.16 

As  part  of  the  preparatory  analysis,  several  options  were  considered  to  ensure  an  effective 
repeal whilst maintaning the legal effects, where necessary. The findings of this analysis are 
presented  in  the  supporting  study17  that  recommends  the  complete  repeal  of  Directive 
91/692/EEC  provisions  and  removal  of  obsolete  provisions,  while  making  reference  to  new 
rules on implementing acts. This option consisting of the above-mentioned three actions was 
identified as most effective in cutting red tape and enhancing legal clarity. 

Pre-existing directives referred to by Directive 91/692/EEC 

As  noted  above,  only  Directives  86/278/EEC  and  87/217/EEC  (see  overview  in  table  1) 
remain  from  the  28  instruments  (see  overview  in  table  2)  originally  mentioned  in  Directive 
91/692/EEC.  

It is proposed to maintain the reporting provisions of Directives 86/278/EEC, while aligning it 
with the new rules for implementing acts established by the TFEU.  

The  reporting  requirements  of  Directive  87/217/EEC  are  not  being  used,  mainly  due  to 
discontinuation of the use of asbestos across the EU Member States as a consequence of the 
phasing out of the production and use of raw asbestos and of products containing asbestos in 
the EU, through REACH (1907/2006/EC). 

16 

17 

Commission  Decision  2011/92/EU  of  10  February  2011  (OJ  L  37,  11.2.2011,  p.  19–24)  and 
Commission Decision 2010/681/EU of 9 November 2010 (OJ L 292, 10.11.2010, p. 65–67). 
Available online: http://ec.europa.eu/environment/legal/reporting/index_en.htm 

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Table  1:  Overview  of  directives  and  regulations  covered  by  the  proposed  decision 
repealing Directive 91/692/EEC (all other acts of relevance for Directive 91/692/EEC are 
obsolete or irrelevant in the meantime).  
Legal  acts  referring  to  or  referred  to  by  Directive 
91/692/EEC still in force 

of 

of 

Repeal 
Directive 
91/692/EEC 
affecting 
provisions  of  the 
legal acts 

Article 
the 
proposed  decision 
the 
addressing 
legal acts  

1) 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 

Articles  13,  14, 
15, 15a and 17  

Article 3 

2) Council Directive 87/217/EEC of 19 March 1987 on the 
prevention  and  reduction  of  environmental  pollution  by 
asbestos 

Article 13 

Article 4 

3) Directive 2003/87/EC of the European Parliament and of 
the  Council  of  13  October  2003  establishing  a  scheme  for 
greenhouse  gas  emission  allowance  trading  within  the 
Community 

Article 21 

Article 1 

4) Directive 2009/31/EC of the European Parliament and of 
the  Council  of  23  April  2009  on  the  geological  storage  of 
carbon dioxide makes reference to Directive 91/692/EEC 

Articles  27,  29, 
30 

Article 2 

5) Regulation 1257/2013/EU on ship recycling 

Article 21  

Article 5 

6) Directive 94/63/EC of 20 December 1994 on the control 
of  volatile  organic  compound  (VOC)  emissions  resulting 
from  the  storage  of  petrol  and  its  distribution  from 
terminals to service stations 

7)  Article  37  (1)  of  Directive  2008/98/EC  of  the 
European  Parliament  and  of  the  Council  of  17 
November  2008  on  waste  and  repealing  certain 
Directives18 

8) Article 9 of Directive 2000/53/EC of the European 
Parliament  and  of  the  Council  of  18  September  2000 
on end-of life vehicles19 
9)  Article  15  of  Council  Directive  1999/31/EC  of  26 
April 1999 on the landfill of waste20 

10)  Article  17  of  European  Parliament  and  Council 
Directive  94/62/EC  of  20  December  1994  on 
packaging and packaging waste21  

Article 9 

Article 6 

Covered by Waste 
package 

Covered  by  Waste 
package 

Covered by Waste 
package 

Covered  by  Waste 
package 

Covered by Waste 
package 

Covered  by  Waste 
package 

Covered by Waste 
package 

Covered  by  Waste 
package 

18 
19 
20 
21 

Article 37 (1) 
Article 9 
Article 15 
COM(2015) 595 final; COM(2015) 593 final; COM(2015) 594 final; COM(2015) 596 final 

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Table  2:  Overview  of  directives  and  regulations  repealed  and  previously  covered  by 
Directive 91/692/EEC  
Legal acts repealed but previously covered by 91/692/EEC  

Date of repeal 

Council Directive 76/160/EEC of 8 December 1975 concerning the quality 
of  bathing  water22,  amended  by  Article  3  of  Directive  91/692/EEC,  was 
repealed  by  Directive  2006/7/EC  of  the  European  Parliament  and  of  the 
Council of 15 February 2006 concerning the management of bathing water 
quality and repealing Directive 76/160/EEC23. 

Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain 
dangerous  substances  discharged  into  the  aquatic  environment  of  the 
Community24,  amended  by  Article  2  (1)  of  Directive  91/692/EEC,  was 
repealed  by  Directive  2006/11/EC  of  the  European  Parliament  and  of  the 
Council  of  15  February  2006  on  pollution  caused  by  certain  dangerous 
substances discharged into the aquatic environment of the Community.25 

Council  Directive  78/176/EEC  of  20  February  1978  on  waste  from  the 
titanium  oxide  industry26  as  amended  by  Directive  83/29/EEC27,  amended 
by  Article  2  (1)  of  Directive  91/692/EEC,  was  repealed  by  Directive 
2010/75/EU of the European Parliament and of the Council of 24 November 
2010 on industrial emissions.28  
Council Directive 78/659/EEC of 18 July 1978 on the quality of fresh waters 
needing protection or improvement in order to support fish life29, amended 
by  Article  2  (1)  Directive  91/692/EEC,  was  repealed  by  Directive 
2006/44/EC of the European Parliament and of the Council of 6 September 
2006  on  the  quality  of  fresh  waters  needing  protection  or  improvement  in 
order  to  support  fish  life,30  which  in  turn  was  repealed  by  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.31  

31st  December 
2014 

23rd  March 
2006 

7th 
2014 

January 

21st  December 
2013 

Council Directive 79/869/EEC of 9 October 1979 concerning the methods of 
measurement  and  frequencies  of  sampling  and  analysis  of  surface  water 
intended  for  the  abstraction  of  drinking  water  in  the  Member  States32, 
amended  by  Article  2  (1)  Directive  91/692/EEC,  as  last  amended  by 
Directive 81/855/EEC33, was repealed a by 2000/60/EC.  

21st  December 
2007 

22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 

OJ L 31, 5.2.1976, p. 1–7 
OJ L 64, 4.3.2006, p. 37–51 
OJ L 129, 18.5.1976, p. 23–29 
OJ L 64, 4.3.2006, p. 52–59 
OJ L 54, 25.2.1978, p. 19–24 
OJ L 032 , 03/02/1983 P. 0028 - 0028 
OJ L 334, 17.12.2010, p. 17–119 
OJ L 222, 14.8.1978, p. 1–10 
OJ L 264, 25.9.2006, p. 20–31 
OJ L 327, 22.12.2000, p. 1–73 
OJ L 271, 29.10.1979, p. 44–53 
OJ L 319, 7.11.1981, p. 16–16 

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Legal acts repealed but previously covered by 91/692/EEC  

Council Directive 79/923/EEC of 30 October 1979 on the quality required of 
shellfish  waters34,  amended  by  Article  2  (1)  Directive  91/692/EEC,  was 
repealed and codified by Directive 2006/113/EC of the European Parliament 
and of the Council of 12 December 2006 on the quality required of shellfish 
waters35 which in turn was repealed by 2000/60/EC.  
Council  Directive  80/68/EEC  of  17  December  1979  on  the  protection  of 
groundwater  against  pollution  caused  by  certain  dangerous  substances36, 
amended  by  Article  2  (1)  of  Directive  91/692/EEC,  was  repealed  by 
2000/60/EC. 

Council Directive 82/176/EEC of 22 March 1982 on limit values and quality 
objectives for mercury discharges by the chlor-alkali electrolysis industry37, 
amended  by  Article  2  (1)  of  Directive  91/692/EEC,  was  repealed  by 
Directive  2008/105/EC  on  environmental  quality  standards  in  the  field  of 
water policy.38 

Council  Directive  83/513/EEC  of  26  September  1983  on  limit  values  and 
quality  objectives  for  cadmium  discharges,39  amended  by  Article  2  (1)  of 
Directive 91/692/EEC, was repealed by Directive 2008/105/EC.  

Council Directive 84/156/EEC of 8 March 1984 on limit values and quality 
objectives  for  mercury  discharges  by  sectors  other  than  the  chlor-alkali 
electrolysis  industry40,  amended  by  Article  2  (1)  of  Directive  91/692/EEC, 
was repealed by Directive 2008/105/EC.  

Council Directive 84/491/EEC of 9 October 1982 on limit values and quality 
objectives  for  discharges  of  hexachlorcyclohexane41,  amended  by  Article  2 
(1) of Directive 91/692/EEC, was repealed by Directive 2008/105/EC.  

Council Directive 86/280/EEC of 12 June 1986 on limit values and quality 
objectives for discharge of certain dangerous substances included in list I of 
the  Annex  to  Directive  76/464/EEC,42  as  last  amended  by  Directive 
90/415/EEC43,  amended  by  Article  2  (1)  of  Directive  91/692/EEC,  was 
repealed by Directive 2008/105/EC.  
Council  Directive  75/440/EEC  of  16  June  1975  concerning  the  quality 
required  of  surface  water  intended  for  the  abstraction  of  drinking  water  in 
the  Member  States44,  amended  by  Article  2  (2)  of  Directive  91/692/EEC, 
was repealed by Directive 2000/60/EC. 

Date of repeal 

21st  December 
2013 

21st  December 
2013 

22nd  December 
2012 

22nd  December 
2012 

22nd  December 
2012 

22nd  December 
2012 

22nd  December 
2012 

21st  December 
2007 

34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 

OJ L 281, 10.11.1979, p. 47–52 
OJ L 376, 27.12.2006, p. 14–20 
OJ L 20, 26.1.1980, p. 43–48 
OJ L 81, 27.3.1982, p. 29–34 
OJ L 348, 24.12.2008, p. 84–97 
OJ L 291 , 24/10/1983 P. 0001 - 0008 
OJ L 74, 17.3.1984, p. 49–54 
OJ L 274, 17.10.1984, p. 11–17 
OJ L 181, 4.7.1986, p. 16–27 
OJ L 219 , 14/08/1990 P. 0049 - 0057 
OJ L 194, 25.7.1975, p. 26–31 

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Legal acts repealed but previously covered by 91/692/EEC  

Council  Directive  80/778/EEC  of  15  July  1980  relating  to  the  quality  of 
water  intended  for  human  consumption,45  amended  by  Article  2  (2)  of 
Directive  91/692/EEC,  was  repealed  by  Council  Directive  98/83/EC  of  3 
November 1998 on the quality of water intended for human consumption.46  

Council Directive 85/203/EEC of 7 March 1985 on air quality standards for 
nitrogen  dioxide,47  as  amended  by  Directive  85/580/EEC48,  amended  by 
Article  4  (3)  of  Directive  91/692/EEC,  was  repealed  by  Council  Directive 
1999/30/EC  of  22  April  1999  relating  to  limit  values  for  sulphur  dioxide, 
nitrogen  dioxide  and  oxides  of  nitrogen,  particulate  matter  and  lead  in 
ambient air, which had no reference to 91/692/EEC and was itself repealed 
by Directive 2008/50/EC of the European Parliament and of the Council of 
21 May 2008 on ambient air quality and cleaner air for Europe.  

Council Directive 75/716/EEC of 24 November 1975 on the approximation 
of  the  laws of  the  Member  States  relating to  the  sulphur  content  of  certain 
liquid  fuels49,  amended  by  Article  4  (2)  of  Directive  91/692/EEC,  was 
repealed by 93/12/EEC.50  

Council  Directive  84/360/EEC  of  28  June  1984  on  the  combating  of  air 
pollution  from  industrial  plants51,  amended  by  Article  4  (2)  of  Directive 
91/692/EEC,  was  repealed  by  Directive  2008/1/EC  of  the  European 
Parliament  and  of  the  Council  of  15  January  2008  concerning  integrated 
pollution  prevention  and  control52  which  was  itself  repealed  by  Directive 
2010/75/EU of the European Parliament and of the Council of 24 November 
2010 on industrial emissions.53  

Council  Directive  80/779/EEC  of  15  July  on  air  quality  limit  values  and 
guide  values for sulphur  dioxide  and suspended particulates54, amended  by 
Article  4  (1)  and  (3)  of  Directive  91/692/EEC  was  repealed  by  Directive 
1999/30/EC55, which in turn was repealed as of 11 June 2010 by Directive 
2008/50/EC.  

Council Directive 82/884/EEC of 3 December 1982 on a limit value for lead 
in the air56, amended by Article 4 (1) and (3) of Directive 91/692/EEC was 
repealed by Directive 1999/30/EC, which in turn was repealed by Directive 
2008/50/EC.  

Council Directive 85/203/EEC of 7 March 1985 on air quality standards for 
nitrogen  dioxide,57  as  amended  by  Directive  85/580/EEC58,  amended  by 

Date of repeal 

25th  December 
2003 

11th June 2010 

30th  September 
1994 

7th 
2014 

January 

11th June 2010 

11th June 2010 

11th June 2010 

45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
55 
56 
57 

OJ L 229, 30.8.1980, p. 11–29 
OJ L 330, 5.12.1998, p.32-54 
OJ L 087 , 27/03/1985 P. 0001 - 0007 
OJ L 372, 31.12.1985, p. 36–36 
OJ L 307, 27.11.1975, p. 22–24 
OJ L 74, 27.3.1993, p. 81–83 
OJ L 188, 16.7.1984, p. 20–25 
OJ L 24, 29.1.2008, p. 8–29 ( 
OJ L 334, 17.12.2010, p. 17–119 
OJ L 229 , 30/08/1980 P. 0030 - 0048 
OJ L 163, 29.6.1999, p. 41–60 
OJ L 378 , 31/12/1982 P. 0015 - 0018 
OJ L 087 , 27/03/1985 P. 0001 - 0007 

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Legal acts repealed but previously covered by 91/692/EEC  

Date of repeal 

Article  4  (1)  and  (3)  of  Directive  91/692/EEC,  was  repealed  by  Directive 
1999/30/EC, which in turn was repealed by Directive 2008/50/EC.  

Council  Directive  75/439/EEC  of  16  June  1975  on  the  disposal  of  waste 
oils59,  amended  by  Article  5  of  Directive  91/692/EEC,  was  repealed  by 
Directive 2008/98/EC of the European Parliament and of the Council of 19 
November 2008 on waste.60  
Council  Directive  75/442/EEC  of  15  July  1975  on  waste,61  amended  by 
Article 5 of Directive 91/692/EEC, was repealed by Directive 2006/12/EC of 
the European Parliament and of the Council of 5 April 2006 on waste, which 
in turn was repealed by Directive 2008/98/EC.62  

Council  Directive  76/403/EEC  of  6  April  1976  on  the  disposal  of 
polychlorinated  biphenyls  and  polychlorinated  terphenyls63  amended  by 
Article  5  of  Directive  91/692/EEC  was  repealed  by  Council  Directive 
96/59/EC  of  16  September  1996  on  the  disposal  of  polychlorinated 
biphenyls and polychlorinated terphenyls (PCB/PCT).64 

Council  Directive  78/319/EEC  of  20  March  1978  on  toxic  and  dangerous 
waste65,  amended  by  Article  5  of  Directive  91/692/EEC,  was  repealed  by 
Council Directive 91/689/EEC of 12 December 1991 on hazardous waste.66  

Council Directive 84/631/EEC of 6 December 1984 on the supervision and 
control  within  the  European  Community  of  the  trans-frontier  shipment  of 
hazardous  waste67,  amended  by  Article  5  of  Directive  91/692/EEC,  was 
repealed by 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,68 which in turn was repealed by Regulation (EC) No 
1013/2006 of the European Parliament and of the Council of 14 June 2006 
on shipments of waste.69 

Council Directive 85/339/EEC of 27 June 1985 on containers of liquids for 
human consumption70, amended by Article 5 of Directive 91/692/EEC, was 
repealed by Council Directive 94/62/EC of 20 December 1994 on packaging 
and packaging waste.71 

12th  December 
2010 

11th  December 
2010 

16th  September 
1996 

27th June 1995 

11th July 2007 

29th June 1996 

58 
59 
60 
61 
62 
63 
64 
65 
66 
67 
68 
69 
70 
71 

OJ L 372, 31.12.1985, p. 36–36 
OJ L 194, 25.7.1975, p. 23–25 
OJ L 312, 22.11.2008, p. 3–30 
OJ L 194, 25.7.1975, p. 39–41 
OJ L 114, 27.4.2006, p. 9–21 
OJ L 108 , 26/04/1976 P. 0041 - 0042 
OJ L 243, 24.9.1996, p. 31–35 
OJ L 84, 31.3.1978, p. 43–48 
OJ L 377 , 31/12/1991 P. 0020 - 0027 
OJ L 326, 13.12.1984, p. 31–41 
OJ L 30, 6.2.1993, p. 1–28 
OJ L 190, 12.7.2006, p. 1–98 
OJ L 176 , 06/07/1985 P. 0018 - 0021 
OJ L 365, 31.12.1994, p. 10–23 

EN 

9 

   EN 

                                                                                                                                                         
Table 3: Overview of implementing acts remaining in force, to be repealed or declared 
obsolete  

Legal acts adopted under Directive 91/692/EEC  

Remaining 
in force 

Proposed 
to be 
declared 
obsolete 

Proposed 
to be 
repealed 

1)  Commission  Implementing  Decision  2014/166/EU  of 
21  March  2014  amending  Decision  2005/381/EC  as 
regards the questionnaire for reporting on the application 
of Directive 2003/87/EC of the European Parliament and 
document 
(notified 
the 
of 
C(2014) 1726).72 

Council 

under 

for 

2)  Commission  Decision  2005/381/EC  of  4  May  2005 
the 
establishing  a  questionnaire 
application  of  Directive  2003/87/EC  of  the  European 
Parliament and of the Council establishing a scheme for 
greenhouse  gas  emission  allowance  trading  within  the 
Community  and  amending  Council  Directive  96/61/EC 
(notified under document number C(2005) 1359).73  

reporting  on 

3)  Commission  Decision  2006/803/EC  of  23  November 
2006  amending  Decision  2005/381/EC  establishing  a 
questionnaire  for  reporting  on 
the  application  of 
Directive 2003/87/EC of the European Parliament and of 
the  Council  establishing  a  scheme  for  greenhouse  gas 
emission  allowance  trading  within  the  Community  and 
amending  Council  Directive  96/61/EC  (notified  under 
document number C(2006) 5546).74 

4)  Commission  Decision  of  18.4.2012  establishing  a 
questionnaire 
the 
implementation of Directive 2008/98/EC of the European 
Parliament and of the Council on waste.75 

for  Member  States 

reports  on 

5) Commission Decision 2004/249/EC of 11 March 2004 
implementation  of  Directive  2002/96/EC 
the 
on 
(WEEE).76  

6)  Commission  Decision  2007/151/ECof  6  March  2007 
amending  Decisions  94/741/EC  and  97/622/EC  as 
regards 
the 
implementation of Directive 2006/12/EC of the European 
Parliament  and  of  the  Council  on  waste  and  on  the 

the  questionnaires  for 

the  report  on 

  

  

  

  

  

  

72 
73 
74 
75 
76 

OJ L 89, 25.3.2014, p. 45–76 
OJ L 126, 19.5.2005, p. 43 
OJ L 329, 25.11.2006, p. 38–63 
C(2012) 2384 final 
OJ L 78, 16.3.2004, p. 56–59 

EN 

10 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Legal acts adopted under Directive 91/692/EEC  

Remaining 
in force 

Proposed 
to be 
declared 
obsolete 

Proposed 
to be 
repealed 

  

  

  

  

implementation  of  Council  Directive  91/689/EEC  on 
hazardous waste.77 

7)  Commission  Decision  2000/738/EC  of  17  November 
2000  concerning  a  questionnaire  for  Member  States 
reports  on  the  implementation  of  Directive  1999/31/EC 
on the landfill of waste.78  

8)  Commission  Decision  2001/753/ECof  17  October 
2001  concerning  a  questionnaire  for  Member  States 
reports  on  the  implementation  of  Directive  2000/53/EC 
of the European Parliament and of the Council on end-of-
life vehicles.79 

9)  Commission  Decision  97/622/EC  of  27  May  1997 
concerning  questionnaires  for  Member  States  reports  on 
the  implementation  of  certain  Directives  in  the  waste 
sector.80  

10) Commission Decision 94/741/EC of 24 October 1994 
concerning  questionnaires  for  Member  States  reports  on 
the  implementation  of  certain  Directives  in  the  waste 
sector.81 

11) Commission Implementing Decision 2011/632/EU of 
21 September  2011  establishing  a  questionnaire  to  be 
used  for  reporting  on  the  implementation  of  Directive 
2000/76/EC  of  the  European  Parliament  and  of  the 
Council on the incineration of waste.82  

12)  Commission  Decision  2011/92/EU  of  10 February 
2011 introducing the questionnaire to be used for the first 
report on the implementation of Directive 2009/31/EC of 
the  European  Parliament  and  of  the  Council  on  the 
geological storage of carbon dioxide.83  

13)  Commission  Decision  2010/681/EU  of  9 November 
2010  concerning  a  questionnaire  for  Member  States 
reports  on  the  implementation  of  Council  Directive 
1999/13/EC  on  the  limitation  of  emissions  of  volatile 

77 
78 
79  
80 
81  
82 
83 

OJ L 67, 7.3.2007, p. 7–9 
OJ L 298, 25.11.2000, p. 24–26 
OJ L 282, 26.10.2001, p. 77–80 
OJ L 256, 19.9.1997, p. 13–19 
OJ L 296, 17.11.1994, p. 42–55 
OJ L 247, 24.9.2011, p. 54–58) 
OJ L 37, 11.2.2011, p. 19–24 

  

  

  

EN 

11 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Legal acts adopted under Directive 91/692/EEC  

Remaining 
in force 

Proposed 
to be 
declared 
obsolete 

Proposed 
to be 
repealed 

organic compounds due to the use of organic solvents in 
certain activities and installations during the period 2011-
2013.84 

14) Commission Decision 2007/531/EC of 26 July 2007 
concerning a questionnaire for Member States reports on 
the  implementation  of  Council  Directive  1999/13/EC  on 
the limitation of emissions of volatile organic compounds 
due to the use of organic solvents in certain activities and 
installations during the period 2008-2010. 85 

15)  Commission  Decision  2003/241/EC  of  26 March 
2003  amending  Commission  Decision  1999/391/EC  of 
31 May  1999  concerning  the  questionnaire  relating  to 
Council  Directive  96/61/EC  concerning 
integrated 
pollution prevention and control.86 

16)  Commission  Decision  2002/605/EC  of  17 July  2002 
to  Council 
concerning 
Directive  96/82/EC  on  the  control  of  major-accident 
hazards involving dangerous substances.87 

the  questionnaire 

relating 

17) Commission Decision 1999/391/EC of 31 May 1999 
concerning 
to  Council 
Directive  96/61/EC  concerning 
integrated  pollution 
prevention and control. 88 

the  questionnaire 

relating 

18)  Commission  Decision  1999/314/ECof  9 April  1999 
concerning 
to  Council 
Directive  96/82/EC  on  the  control  of  major-accident 
hazards involving dangerous substances.89 

the  questionnaire 

relating 

19)  Commission  Decision  98/184/EC  of  25 February 
1998  concerning  a  questionnaire  for  Member  States’ 
reports  on  the  implementation  of  Council  Directive 
94/67/EC on the incineration of hazardous waste.90 

20)  Commission  Decision  96/511/EC  of  29 July  1996 
concerning  the  questionnaires  provided  for  in  Council 

84 
85 
86 
87 
88 
89 
90 

OJ L 292, 10.11.2010, p. 65–67 
OJ L 195, 27.7.2007, p. 47–49 
OJ L 89, 5.4.2003, p. 17–23 
OJ L 195, 24.7.2002, p. 74-80 
OJ L 148, 15.6.1999, p. 39-43 
OJ L 120, 8.5.1999, p. 43-45 
OJ L 67, 7.3.1998, p. 48–50 

  

  

  

  

  

  

  

EN 

12 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Legal acts adopted under Directive 91/692/EEC  

Remaining 
in force 

Proposed 
to be 
declared 
obsolete 

Proposed 
to be 
repealed 

Directives  80/779/EEC,  82/884/EEC,  84/360/EEC  and 
85/203/EEC.91 

21)  Commission  Decision  96/302/EC  of  17 April  1996 
establishing  a  format  in  which  information  is  to  be 
provided  pursuant  to  Article  8  (3)  of  Council  Directive 
91/689/EEC on hazardous waste.92 

22)  Commission  Decision  92/446/EEC  of  27 July  1992 
concerning  questionnaires  relating  to  Directives  in  the 
water  sector,  was  amended  by  Commission  Decision 
95/337/EC  of  25 July  1995  concerning  questionnaires 
relating to directives in the water sector.93 

23)  Commission  Decision  95/337/EC  of  25 July  1995 
amending  Decision  92/446/EEC  of  27 July  1992 
concerning  questionnaires  relating  to  directives  in  the 
water sector.94 

  

  

  

91 
92 
93 
94 

OJ L 213, 22.8.1996, p. 16–24 
OJ L 116, 11.5.1996, p. 26–27 
OJ L 247, 27.8.1992, p. 10–36 
OJ L 200, 24.8.1995, p. 1–34 

EN 

13 

   EN 

 
 
 
 
 
 
 
 
 
                                                 
Assessment of impacts 

An  assessment  of  economic,  environmnental  and  social  impacts  and  a  wider  consultation 
already  took  place  in  preparation  of  the  Communication  for  a  Shared  Environment 
Information System (SEIS)95. Since then, the underlying analysis was updated and a detailed 
background  paper  was  prepared.96  This  provided  sufficient  evidence  for  the  repeal  proposal 
and made an additional impact assessment unnecessary.  
The chosen instruments to achieve the objectives, the two Decisions and one Communication, 
would not alter reporting in practice. The reason for this is that the proposed repeal package 
will result in greater legal clarity by removing already obsolete provisions and will streamline 
a  number  of  reporting  obligations  through  'Lisbonisation'97  of  procedures.  The  efficiency 
gains are expected to be achieved through the simplification of the EU acquis, meaning that it 
would  not  generate  economic  benefits,  but  rather  technical,  legal  ones.  However,  no 
quantitative figures for costs and/or benefits could be obtained that could be directly related to 
the  repeal  mostly  because  a  large  proportion  of  the  original  obligations  under  the  Directive 
are, in practice, obsolete already.  

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Summary of the proposed measures 

The repeal proposal for in the field of environmental reporting have identified legal measures 
that  are  obsolete,  or  as  appropriate  have  replaced  existing  provisions  with  appropriate 
references to Regulation (EU) No 182/2011.  

Legal basis 

The  legal  basis  for  adopting  the  repeal  Decision  is  Article  192  of  the  Treaty  on  the 
Functioning of the European Union. (TFEU) 

Principles of subsidiarity and proportionality 

The measures concerned by this proposal are obsolete, either because their content has been 
taken  up  by  subsequent  acts  or  because  they  are  no  longer  relevant  due  to  their  temporary 
nature.  Therefore,  it  is  in  line  with  the  principles  of  subsidiarity  and  of  proportionality  to 
repeal  those  measures.  It  is for the Union legislator  to  adopt  the necessary measures  to  that 
effect. 

Main legal provisions of the proposed Decision 

Article 1  

Enacts an amendment to Article 21 (1) of Directive 2003/87/EC of the European Parliament 
and  of  the  Council  of  13  October  2003  establishing  a  scheme  for  greenhouse  gas  emission 
allowance  trading  within  the  Community  and  amending  Council  Directive  96/61/EC,  by 
inserting a reference to Regulation (EU) No 182/2011. 

Article 2 

Enacts an  amendment to  Article 27(1) of Directive 2009/31/EC of the European Parliament 
and of the Council of 23 April 2009 on the geological storage of carbon dioxide by inserting a 
reference  to  Regulation  (EU)  No  182/2011  and  adapts  Article  29  of  Directive  2009/31/EC, 

95 
96 
97 
laying  down  the  rules  and  general  principles  concerning  mechanisms  for  control  by  Member  States  of  the 

See SEIS impact assessment, SWD(2008) 111 of 1 February 2008 
http://ec.europa.eu/environment/legal/reporting/index_en.htm 
Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011  

Commission’s exercise of implementing powers OJ L 55, 28.2.2011, p. 13–18. 

EN 

14 

   EN 

                                                 
which  provides  for  the  use  of  the  regulatory  procedure  with  scrutiny,  to  Article  290  of  the 
TFEU. 

Article 3 

Enacts  an  amendment  to  Articles  13,  15,  17and  introducing  a  new  Article  15a  of  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  by inserting  references  to  Regulation 
(EU) No 182/2011. 

Article 4 

Enacts  an  amendment  to  Article  13  of  Directive  87/217/EEC  of  19  March  1987  on  the 
prevention  and  reduction  of  environmental  pollution  by  asbestos,  by  deleting  the  first 
paragraph thereof.  

Article 5 

Enacts an amendment to Article 21 (2) of Regulation 1257/2013/EU on ship recycling.  

Article 6 

Enacts  an  amendment  to  European  Parliament  and  Council  Directive  94/63/EC  of  20 
December 1994 on the control of volatile organic compound (VOC) emissions resulting from 
the storage of petrol and its distribution from terminals to service stations by amnding Articles 
4 (4) and 6 (4) and deleting the first sentence of Article 9 on monitoring and reporting. 

Article 7 and Article 8 

Enacts  the  repeal  of  the  Directive  and  the  date  of  entry  into  force  and  application  of  the 
repealing  legal  act.  Entry  into  force  shall  be  aligned  with  the  Circular  Economy  proposal98 
covering provisions of Directive 2008/98/EC of the European Parliament and of the Council 
of 17 November 2008 on waste and repealing certain Directives, Directive 2000/53/EC of the 
European  Parliament  and  of  the  Council  of  18  September  2000  on  end-of  life  vehicles, 
Council  Directive  1999/31/EC  of  26  April  1999  on  the  landfill  of  waste  and  European 
Parliament  and  Council  Directive  94/62/EC  of  20  December  1994  on  packaging  and 
packaging  waste  and  with  the  Proposal  for  a  Directive  amending  Directive  2003/87/EC  to 
enhance cost-effective emission reductions and low-carbon investments.99 

Choice of instrument 

Proposed instrument: European Parliament and Council Decision. 

4. 

BUDGETARY IMPLICATION  

The proposal has no budgetary impact. 

98 

99 

Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic and Social Committee and the Committee of the Regions Closing the loop  - An EU action 
plan for the Circular Economy COM(2015) 614 final 
COM/2015/0337 final/2 

EN 

15 

   EN 

                                                 
2016/0394 (COD) 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Directive 87/217/EEC of the Council, Directive 2003/87/EC of the European 
Parliament and of the Council, Directive 2009/31/EC of the European Parliament and of 
the Council, Regulation (EU) No 1257/2013 of the European Parliament and of the 
Council, Council Directive 86/278/EEC and Council Directive 94/63/EC as regards 
procedural rules in the field of environmental reporting and repealing Council Directive 
91/692/EEC  

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 192(1) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the European Economic and Social Committee100,  
Having regard to the opinion of the Committee of the Regions101,  

Acting in accordance with the ordinary legislative procedure, 

Whereas:  

(1) 

(2) 

100 
101 
102 

103 

104 

105 

Council  Directive  86/278/EEC102  and  Council  Directive  87/217/EEC103  are  based  on 
Articles 100 and 235 of the Treaty establishing the European Economic Community, 
now  Articles  115  and  352  of  the  Treaty  on  the  Functioning  of  the  European  Union 
(TFEU). Amendments to those Directives are related to Union policy on environment 
and are a direct consequence of the repeal of Council Directive 91/692/EEC104 on the 
basis  of  Article  192(1)  TFEU.  It  is  therefore  appropriate  to  amend  Directives 
86/278/EEC and 87/217/EEC on the basis of Article 192(1) TFEU.  
European  Parliament  and  Council  Directive  94/63/EC105  is  based  on  Article  100a  of 
the  Treaty  establishing 
the  European  Community,  now  Article  114  TFEU. 
Amendments  to  that  Directive  are  related  to  Union  policy  on  environment  and  are a 
direct  consequence  of  the  repeal  of  Directive  91/692/EEC  on  the  basis  of  Article 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
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). 
Council  Directive  87/217/EEC  of  19  March  1987  on  the  prevention  and  reduction  of  environmental 
pollution by asbestos (OJ L 85 , 28.3.1987, p. 40). 
Council  Directive  91/692/EEC  of  23  December  1991  standardizing  and  rationalizing  reports  on  the 
implementation of certain Directives relating to the environment (OJ L 377, 31.12.1991, p. 48). 
European Parliament and Council Directive 94/63/EC of 20 December 1994 on the control of volatile 
organic  compound  (VOC)  emissions  resulting  from  the  storage  of  petrol  and  its  distribution  from 
terminals to service stations (OJ L 365, 31.12.1994, p. 24). 

EN 

16 

   EN 

                                                 
(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

192(1) TFEU. It is therefore appropriate to amend Directive 94/63/EC on the basis of 
Article 192(1) TFEU. 

Directive 91/692/EEC was adopted to rationalize and improve on a sectoral basis the 
provisions  on  the  transmission  of  information  and  the  publication  of  reports 
concerning  certain  Directives  on  the  protection  of  the  environment.  To  achieve  that 
objective,  Directive  91/692/EEC  amended  several  Directives  to  introduce  uniform 
reporting requirements. 

implementation  of 

introduced  by  Directive 
the  reporting  requirements 
The 
91/692/EEC  is  burdensome  and  ineffective.  Many  Union  acts  amended  by  Directive 
91/692/EEC are replaced and no longer contain reporting requirements as introduced 
by  Directive  91/692/EEC.  For  example,  Directive  2000/60/EC  of  the  European 
Parliament and of the Council106 repealed seven Union acts in the field of water policy 
and  did  not  take  over  the  reporting  system  introduced  by  Directive  91/692/EEC. 
Directive  2010/75/EU  of  the  European  Parliament  and  of  the  Council107  contains  no 
reference to Directive 91/692/EEC and provides for a separate system of reporting. 

Directive  91/692/EEC  also  does  not  provide  for  use  of  electronic  tools.  With  the 
successful  development  of  the  European  Environmental  Agency's  Reportnet  and 
sectoral  initiatives  on  streamlining  of  reporting,  for  example,  the  Water  Information 
System for Europe, the need and effectiveness of a horizontal instrument on reporting 
has increasingly been put into question. Finally, the adoption of Directive 2007/2/EC 
of the European Parliament and of the Council108 and the related development of the 
Shared Environment Information System109, introduced a more modern and effective, 
horizontal  approach  on  information  management  and  reporting  related  to  Union 
environmental policy. 

Directive 91/692/EEC should therefore be repealed. 

(Most  of  the  Directives  amended  by  Directive  91/692/EEC  are  no  longer  in  force. 
However, Directive 87/217/EEC and Directive 86/278/EEC are still in force. 

the 
Directive  86/278/EEC  requires  Member  States 
implementation of that Directive on the basis of a questionnaire or outline drafted by 
the Commission in accordance with the procedure laid down in Directive 91/692/EEC. 
In  order  to  avoid  legal  vacuum  due  to  the  repeal  of  Directive  91/692/EEC,  it  is 
necessary to replace reference to Directive 91/692/EEC by reference to the procedure 
referred to in Directive 86/278/EEC. 

to  provide  a  report  on 

(9) 

Reporting  under  Directive  87/217/EEC  is  no  longer  necessary.  In  Member  States 
following adoption of Regulation (EC) No 1907/2006/EC of the European Parliament 
and of the Council110 which provides for phasing out of the production and use of raw 

106 

107 

108 

109 
110 

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). 
Directive  2010/75/EU  of  the  European  Parliament  and  of  the  Council  of  24  November  2010  on 
industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17). 
Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an 
Infrastructure  for  Spatial  Information  in  the  European  Community  (INSPIRE)  (OJ  L  108,  25.4.2007, 
p. 1). 
COM(2008) 46 of 1 February 2088. 
Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 
concerning  the  Registration,  Evaluation,  Authorisation  and  Restriction  of  Chemicals  (REACH), 
establishing  a  European  Chemicals  Agency,  amending  Directive  1999/45/EC  and  repealing  Council 
Regulation  (EEC)  No  793/93  and  Commission  Regulation  (EC)  No  1488/94  as  well  as  Council 

EN 

17 

   EN 

                                                 
asbestos and of products containing asbestos in the Union. It is therefore appropriate to 
delete the reporting requirements set out in Directive 87/217/EEC. 

(10)  After the adoption of Directive 91/692/EC, the following Regulations and Directives 
included  a  reference  to  Directive  91/692/EC:  European  Parliament  and  Council 
Directive  94/62/EC111,  Directive  94/63/EC,  Council  Directive  1999/31/EC112, 
Directive  2000/53/EC  of  the  European  Parliament  and  of  the  Council113,  Directive 
2003/87/EC of the European Parliament and of the Council114, Directive 2008/98/EC 
of  the  European  Parliament  and  of  the  Council115,  Directive  2009/31/EC  of  the 
European Parliament and of the Council116, and Regulation (EU) No 1257/2013 of the 
European Parliament and of the Council117. 

(11)  As part of an EU action plan for the Circular Economy118 the Commission proposed to 
amend  Directives  2008/98/EC,  94/62/EC,  1999/31/EC  and  2000/53/EC  in  order  to 
replace the reference to Directive 91/692/EEC. In order to ensure that there is no legal 
vacuum due to  the repeal of Directive  91/692/EEC, this  Decision  should apply from 
the same date as the acts proposed in the framework of the Circular Economy package. 

(12)  Directives 2009/31/EC and 2003/87/EC require Member States to provide a report on 
the  implementation  of  those  Directives  on  the  basis  of  a  questionnaire  or  outline 
drafted by the Commission in accordance with the procedure referred to in Directive 
91/692/EEC.  In  order  to  avoid  legal  vacuum  due  to  the  repeal  of  Directive 
91/692/EEC, it is necessary to replace reference to Directive 91/692/EEC by reference 
to the procedure referred to in the relevant Directive.  

(13) 

In order to ensure that certain provisions of Annexes to Directive 86/278/EEC are up 
to  date,  the power  to  adopt  acts  in  accordance  with  Article  290  of  the Treaty  on the 
Functioning of the European Union should be delegated to the Commission in respect 
of adaptation of those provisions to technical and scientific progress. In order to ensure 
that  the  Annexes  to  Directive  2009/31/EC  are  up  to  date, the  power  to  adopt  acts  in 
accordance with Article 290 of the Treaty on the Functioning of the European Union 
should be delegated to  the Commission  in respect of adaptation of those Annexes to 
technical  and  scientific  progress.  It  is  of  particular  importance  that  the  Commission 
carry  out  appropriate  consultations  during  its  preparatory  work,  including  at  expert 
level, and that those consultations be conducted in accordance with the principles laid 

Directive  76/769/EEC  and  Commission  Directives  91/155/EEC,  93/67/EEC,  93/105/EC  and 
2000/21/EC (OJ L 396 30.12.2006, p. 1). 
European  Parliament  and  Council  Directive  94/62/EC  of  20  December  1994  on  packaging  and 
packaging waste (OJ L 365, 31.12.1994, p. 10). 
Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182, 16.7.1999, p. 1). 
Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of 
life vehicles (OJ L 269, 21.10.2000, p. 34). 
Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a 
scheme for greenhouse gas emission allowance trading within the Community and amending Council 
Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32). 
Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste 
and repealing certain Directives (OJ L 312, 22.11.2008, p. 3). 
Directive  2009/31/EC  of  the  European  Parliament  and  of  the  Council  of  23  April  2009  on  the 
geological  storage  of  carbon  dioxide  and  amending  Council  Directive  85/337/EEC,  European 
Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and 
Regulation (EC) No 1013/2006 (OJ L 275, 25.10.2003, p. 32). 
Regulation (EU) No 1257/2013 of the European Parliament and of the Council of 20 November 2013 
on ship recycling and amending Regulation (EC) No 1013/2006 and Directive 2009/16/EC (OJ L 330, 
10.12.2013, p. 1). 
COM(2015) 614 final of 2 December 2015. 

111 

112 
113 

114 

115 

116 

117 

118 

EN 

18 

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down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In 
particular,  to  ensure  equal  participation  in  the  preparation  of  delegated  acts,  the 
European  Parliament  and  the  Council  receive  all  documents  at  the  same  time  as 
Member  States'  experts,  and  their  experts  systematically  have  access  to  meetings  of 
Commission expert groups dealing with the preparation of delegated acts. 

(14)  Regulation  (EU)  No  1257/2013  contains  reference  to  Directive  91/692/EEC.  The 
relevant provision relates to the first reporting exercise, which has already ended. The 
relevant provision should therefore be deleted.  

(15)  Reporting  requirement  set  out  in  Directive  94/63/EC  is  no  longer  necessary  for  the 
purposes of monitoring implementation of Directive 94/63/EC. The relevant provision 
should therefore be deleted.  

(16)  Directives 87/217/EEC, 2003/87/EC and 2009/31/EC, Regulation (EU) No 1257/2013 

and Directives 86/278/EEC and 94/63/EC should therefore be amended accordingly, 

HAVE ADOPTED THIS DECISION: 

Article 1 
Amendment to Directive 2003/87/EC 

In Article 21(1) of Directive 2003/87/EC the fourth sentence is replaced by the following: 

"The report shall be drawn up on the basis of a questionnaire or outline adopted by 
the Commission in the form of implementing acts. Those implementing acts shall be 
adopted in accordance with the examination procedure referred to in Article 22a(2)." 

Article 2  
Amendments to Directive 2009/31/EC 

Directive 2009/31/EC is amended as follows: 

(1) 

in Article 27(1), the third sentence is replaced by the following: 

"The report shall be drawn up on the basis of a questionnaire or outline adopted by 
the Commission in the form of implementing acts. Those implementing acts shall be 
adopted in accordance with the examination procedure referred to in Article 30(2)."; 

(2) 

Article 29 is replaced by the following: 

"Article 29 
Amendments to Annexes 

The  Commission  is  empowered  to  adopt  delegated  acts  in  accordance  with  Article 
29a concerning the adaptation of the Annexes to technical and scientific progress."; 

(3) The following Article 29a is inserted: 

EN 

19 

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"Article 29a 
Exercise of the delegation 

The power to adopt delegated acts is conferred on the Commission subject to 

1. 
the conditions laid down in this Article. 

The power to adopt delegated acts referred to in Article 29 shall be conferred 
2. 
on the Commission for an indeterminate period of time from [date of entry into force 
of this Decision]. 

The delegation of power referred to in Article 29 may be revoked at any time 
3. 
by the European Parliament or by the Council. A decision to revoke shall put an end 
to the delegation of the power specified in that decision. It shall take effect the day 
following  the  publication  of  the  decision  in  the  Official  Journal  of  the  European 
Union  or  at  a  later  date  specified  therein.  It  shall  not  affect  the  validity  of  any 
delegated acts already in force.  

4. 
Before  adopting  a  delegated  act,  the  Commission  shall  consult  experts 
designated by each Member State in accordance with the principles laid down in the 
Interinstitutional Agreement on Better Law-Making of 13 April 2016. 

As  soon  as  it  adopts  a  delegated  act,  the  Commission  shall  notify  it 

5. 
simultaneously to the European Parliament and to the Council.  

6. 
A delegated act adopted pursuant to Article 29 shall enter into force only if no 
objection  has  been  expressed  either  by  the  European  Parliament  or  by  the  Council 
within a period of two months of notification of that act to the European Parliament 
and the Council or if, before the expiry of that period, the European Parliament and 
the  Council  have  both  informed  the  Commission  that  they  will  not  object.  That 
period shall be extended by two months at the initiative of the European Parliament 
or of the Council."; 

(4) 

Article 30 is replaced by the following:  

“Article 30 
Committee procedure 

1. 
The  Commission  shall  be  assisted  by  the  Climate  Change  Committee 
established  by  Article  26  of  Regulation  (EU)  No  525/2013  of  the  European 
Parliament  and  of  the  Council*.  That  committee  shall  be  a  committee  within  the 
meaning  of  Regulation  (EU)  No  182/2011  of  the  European  Parliament  and  of  the 
Council*.  

2.  Where  reference  is  made  to  this  paragraph,  Article  5  of  Regulation  (EU)  No 
182/2011 shall apply. 

______________________________________ 

Regulation  (EU)  No  525/2013  of  the  European  Parliament  and  of  the  Council  of  21 
* 
May  2013  on  a  mechanism  for  monitoring  and  reporting  greenhouse  gas  emissions  and  for 
reporting  other  information  at  national  and  Union  level  relevant  to  climate  change  and 
repealing Decision No 280/2004/EC (OJ L 165, 18.6.2013, p. 13). 

** 
Regulation  (EU)  No  182/2011  of  the  European  Parliament  and  of  the  Council  of  16 
February  2011  laying  down  the  rules  and  general  principles  concerning  mechanisms  for 
control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 
28.2.2011, p. 13).". 

EN 

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Article 3  
Amendments to Directive 86/278/EEC 

Directive 86/278/EEC is amended as follows: 

(1) Article 13 is replaced by the following: 

"Article 13 

The  Commission  is  empowered  to  adopt  delegated  acts  in  accordance  with  Article 
15a to adapt to technical and scientific progress the Annexes. 

The first paragraph shall not apply to the parameters and values listed in Annexes I 
A,  I  B  and  I  C,  any  factors  likely  to  affect  the  evaluation  of  those  values,  and  the 
parameters for analysis referred to in Annexes II A and II B."; 

(2) Article 14 is deleted; 

(3) Article 15 is replaced by the following: 

"Article 15 

1. 
The Commission shall be assisted by the Committee established by Article 39 
of  Directive  2008/98/EEC  of  the  European  Parliament  and  of  the  Council*.  That 
committee shall be a committee within the meaning of Regulation (EU) No 182/2011 
of the European Parliament and of the Council**. 

2.  Where  reference  is  made  to  this  paragraph,  Article  5  of  Regulation  (EU)  No 
182/2011 shall apply. 

_______________________________________________ 

Directive 2008/98/EC of the European Parliament and of the Council of 19 November 

* 
2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3). 

** 
Regulation  (EU)  No  182/2011  of  the  European  Parliament  and  of  the  Council  of  16 
February  2011  laying  down  the  rules  and  general  principles  concerning  mechanisms  for 
control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 
28.2.2011, p. 13).";  

(4) The following Article 15a is inserted:  

"Article 15a 

1. The power to adopt delegated acts is conferred on the Commission subject to the 
conditions laid down in this Article. 

2. The power to adopt delegated acts referred to in Article 13 shall be conferred on 
the Commission for an indeterminate period of time from the date of entry into force 
of this Directive.  

3. The delegation of power referred to in Article 13 may be revoked at any time by 
the European Parliament or by the Council. A decision to revoke shall put an end to 
the  delegation  of  the  power  specified  in  that  decision.  It  shall  take  effect  the  day 
following  the  publication  of  the  decision  in  the  Official  Journal  of  the  European 
Union  or  at  a  later  date  specified  therein.  It  shall  not  affect  the  validity  of  any 
delegated acts already in force. 

4. Before adopting a delegated act, the Commission shall consult experts designated 
by  each  Member  State  in  accordance  with  the  principles  laid  down  in  the 
Interinstitutional Agreement on Better Law-Making of 13 April 2016. 

EN 

21 

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5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously 
to the European Parliament and to the Council. 

6.  A  delegated  act  adopted  pursuant  to  Article  13  shall  enter  into  force  only  if  no 
objection  has  been  expressed  either  by  the  European  Parliament  or  the  Council 
within a period of two months of notification of that act to the European Parliament 
and the Council or if, before the expiry of that period, the European Parliament and 
the  Council  have  both  informed  the  Commission  that  they  will  not  object.  That 
period shall be extended by two months at the initiative of the European Parliament 
or of the Council."; 

(5) In the first paragraph of Article 17, the second sentence is replaced by the following:  

"The  sectoral  reports  shall  be  drawn  up  on  the  basis  of  a  questionnaire  or  outline 
adopted by the Commission in the form of an implementing act. That implementing 
act  shall  be  adopted  in  accordance  with  the  examination  procedure  referred  to  in 
Article 15(2)." 

Article 4  
Amendment to Directive 87/217/EEC 

Paragraph 1 of Article 13 of Directive 87/217/EEC is deleted. 

Article 5  
Amendment to Regulation (EU) No 1257/2013 

In Article 21 of Regulation (EU) No 1257/2013, paragraph 2 is replaced by the following:  

"2. Each report shall cover three years and shall be electronically transmitted to the 
Commission no later than nine months after the end of the three-year period covered 
by it.  

The first electronic report shall cover the period from the date of publication of the 
European List to 31 December 2018.".  

Article 6  
Amendments to Directive 94/63/EC 

Directive 94/63/EC is amended as follows: 

(1) In Article 4(4), the second subparagraph is replaced by the following: 

"Member  States  shall  inform  the  Commission  of  terminals  concerned  by  such  a 
derogation."; 

(2) In Article 6(4), the second subparagraph is replaced by the following: 

"Member States shall inform the Commission of the details of the areas within which 
they intend to grant such derogation and subsequently of any changes to such areas.";  

(3) In Article 9, the first sentence is deleted.  

Article 7  
Repeal of Directive 91/692/EEC 

Directive 91/692/EEC is repealed. 

EN 

22 

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Article 8  
Entry into force and application 

This Decision shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

It  shall  apply  from  [OP:  DATE  of  entry  into  force  of  amendment  to  Article  37(1)119  of 
Directive  2008/98/EC,  the  amendment  to  Article  9120  of  Directive  2000/53/EC,  the 
amendment  to  Article  15121  of  Directive  1999/31/EC,  the  amendment  to  Article  17122  of 
Directive 94/62/EC.] 

Article 1 shall apply as of [OP: the DATE of entry into force of the amendment of Article 22a 
of Directive 2003/87/EC123]. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

119 
120 
121 
122 
123 

COM(2015) 595 final 
COM(2015) 593 final 
COM(2015) 594 final 
COM(2015) 596 final COM/2015/0337 
COM/2015/0337 

EN 

23 

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