COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT Establishing formal recognition that a certain number of acts of Union law in the field of environment that were adopted under Council Directive 91/692/EEC have become obsolete
Date: 2016-12-15
Institutions: Directorate-General for Environment, European Commission
Subjects: Community acquis, EU act, EU environmental policy, environmental protection, repeal

EN 

   EN 

   EUROPEAN COMMISSION  Brussels, 15.12.2016  COM(2016) 793 final   COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT Establishing formal recognition that a certain number of acts of Union law in the field of environment that were adopted under Council Directive 91/692/EEC have become obsolete  
 
 
COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE 
EUROPEAN PARLIAMENT 

Establishing formal recognition that a certain number of acts of Union law in the field 
of environment that were adopted under Council Directive 91/692/EEC have become 
obsolete 

2 

 
 
1. 

INTRODUCTION 

The  Communication  concerns  the  repeal  of  Council  Directive  of  23  December  1991 
standardizing  and  rationalizing  reports  on  the  implementation  of  certain  Directives 
relating to the environment ("Directive 91/692/EEC"). It refers to obsolete Commission 
acts  linked  to  Directive  91/692/EEC  which  affect  several  sectors  of  EU  environmental 
policy,  namely  waste,  climate  action  and  greenhouse  gas  emissions,  control  of  major-
accident hazards and water.  

The repeal of Directive 91/692/EEC is one of the first actions announced in the context 
of the Fitness Check of environmental monitoring and reporting1.  

The  results  of  the  legal  analysis  on  reporting  under  Directive  91/692/EEC  are 
summarised  in  the  explanatory  memorandum  to  the  related  proposal  for  a  Decision  of 
European  Parliament  and  of  the  Council  removing  requirements  for  standardized 
reporting  and  consequently  amending  several  pieces  of  EU  legislation2.    Moreover,  a 
more detailed analysis is presented in a supporting study which was published separately 
as a background document.3 

2.  PROPOSED ACTIONS TO REPEAL DIRECTIVE 91/692/EEC 

The  present  Communication  formally  recognises  the  obsolescence  of  11  implementing 
Decisions  under  Directive  91/692/EEC  that  are  still  in  force.  It  complements  the 
proposed  Decision  mentioned  in  section  1  above,  as  well  as  two  proposals  for 
Commission Decisions4 repealing two implementing acts that have exhausted their legal 
effect,  but  which,  for  procedural  reasons,  will  be  repealed  via  a  later  comitology 
procedure by the Commission.   

Annex  I  lists  the  relevant  Commission  implementing  Decisions  and  sets  out  the 
justification  of  the  obsolescence  of  each  act.  They  have  all  exhausted  their  effects  and 
have become obsolete due to the time period they covered having expired or their legal 
basis  no  longer  being  in  force.  They  were  identified  according  to  objective  criteria 
guaranteeing  that  they  have  exhausted  their  effects  and  that  all  their  obligations  have 
been fulfilled.  

1   See Roadmap: http://ec.europa.eu/smart-

regulation/roadmaps/docs/2017_env_002_monitoring_and_reporting_obligations_en.pdf 

2   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 

3  Accessible under: http://ec.europa.eu/environment/legal/reporting/other_actions_en.htm 
4     Planned  Commission  Decisions  repealing  Commission  Decision  2011/92/EU  concerning  a 
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  (OJ  L  37, 
11.2.2011, p. 19–24) and repealing Commission Decision (2010/681/EU) 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 2011-2013 (OJ L 292, 10.11.2010, p. 65–67) 

 
 
 
 
                                                      
3.  DECISIONS REMAINING IN FORCE 

Despite  the  proposal  for  a  repeal  of  Directive  91/692/EEC,  several  implementing 
Decisions that were adopted in the context of this Directive will remain in force.  

The Decisions setting out questionnaires related to Directive 2003/87/EC establishing a 
scheme  for  greenhouse  gas  emission  allowance  trading  within  the  Community  and 
amending Council Directive 96/61/EC will remain valid and relevant. The annual reports 
by the Member States required under Article 21(1) of Directive 2003/87/EC are based on 
these questionnaires and provide essential information on the application of this Directive 
and serve as a basis for the preparation of an EU-wide report. The  Decisions concerned 
are as follows: 

  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  of  the 
Council (notified under document C(2014) 1726)5, 

 

 Commission Decision 2005/381/EC of 4 May 2005 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(2005) 1359)6 and  

  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)7. 

Moreover,  the  following  Decisions  in  the  waste  legislation  domain  will  also  remain  in 
force  as  these  are  the  only  instruments  to  monitor  implementation  of  the  respective 
Directives: 

  Commission  Decision  of  18.4.2012  establishing  a  questionnaire  for  Member 
States  reports  on  the  implementation  of  Directive  2008/98/EC  of  the  European 
Parliament and of the Council on waste8, 

  Commission Decision 2004/249/EC of 11 March 2004 on the implementation of 

Directive 2002/96/EC (WEEE)9,  

  Commission  Decision  2007/151/EC10  of  6  March  2007  amending  Decisions 
94/741/EC  and  97/622/EC  as  regards  the  questionnaires  for  the  report  on  the 
implementation  of  Directive  2006/12/EC  of  the  European  Parliament  and  of  the 

5 OJ L 89, 25.3.2014, p. 45–76 
6 OJ L 126, 19.5.2005, p. 43) 
7 OJ L 329, 25.11.2006, p. 38–63 
8 C(2012) 2384 final 
9  OJ L 78, 16.3.2004, p. 56–59 
10 OJ L 67, 7.3.2007, p. 7–9. 

3 

 
 
                                                      
Council on waste and on the implementation of Council Directive 91/689/EEC on 
hazardous waste, 

  Commission  Decision  2000/738/EC11  of  17  November  2000  concerning  a 
questionnaire  for  Member  States  reports  on  the  implementation  of  Directive 
1999/31/EC on the landfill of waste,  

  Commission  Decision  2001/753/EC12  of  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,  

  Commission Decision 97/622/EC of 27 May 1997 concerning  implementation of 

certain Directives in the waste sector13 and  

  Commission Decision 94/741/EC of 24 October 1994 concerning questionnaires 
for  Member  States  reports  on  the  implementation  of  certain  Directives  in  the 
waste sector14.  

4.  CONCLUSION 

In  the  framework  of  the  simplification  action  related  to  Commission  acts,  the 
Commission decided that: 

 

 

the  acts  listed  in  Annex  II  shall  be  removed  from  the  active  EU  legislation 
(acquis); 

the Publications Office of the European  Union is  invited to withdraw these acts 
from the Directory of Union legislation in force; 

  Annex II is to be published in the C series of the Official Journal of the European 

Union. 

11 OJ L 298, 25.11.2000, p. 24–26 
12 OJ L 282, 26.10.2001, p. 77–80  
13 OJ L 256, 19.9.1997, p. 13–19 
14 OJ L 296, 17.11.1994, p. 42–55 

4 

 
 
                                                      
ANNEX I 

Specific justification for the Decisions based on Directive 91/692/EEC to be declared 
obsolete 

-  Commission  Implementing  Decision  2011/632/EU15  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. The legal basis, Directive 2000/76/EC, was repealed as of  07 
January  2014  by  Directive  2010/75/EU  of  the  European  Parliament  and  of  the 
Council  of  24  November  2010  on  industrial  emissions  and  the  questionnaire  is  no 
longer in use and is obsolete. 

-  Commission Decision 2007/531/EC16 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. The legal 
basis,  Council  Directive  1999/13/EC,  was  repealed  as  of  07  January  2014  by 
Directive 2010/75/EU, and the questionnaire is no longer in use and is obsolete. 
-  Commission  Decision  2003/241/EC17  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 
(IPPC) (implementation of Council Directive 91/692/EEC). The legal basis, Council 
Directive 96/61/EC, was repealed as of 18 February 2008 by Directive 2008/1/EC of 
the  European  Parliament  and  of  the  Council  of  15  January  2008  concerning 
integrated  pollution  prevention  and  control  that  in  turn  was  repealed  by  Directive 
2010/75/EU, and the questionnaire is no longer in use and is obsolete. 

-  Commission  Decision  2002/605/EC18  of  17  July  2002  concerning  the  questionnaire 
relating  to  Council  Directive  96/82/EC  on  the  control  of  major-accident  hazards 
involving  dangerous  substances.  The  legal  basis,  Council  Directive  96/82/EC  was 
repealed as of 1 June 2015 by Directive 2012/18/EU of the European Parliament and 
of  the  Council  of  4  July  2012  on  the  control  of  major-accident  hazards  involving 
dangerous  substances,  amending  and  subsequently  repealing  Council  Directive 
96/82/EC,  and  the  questionnaire  exhausted  its  effect,  is  no  longer  in  use  and  is 
obsolete. 

-  Commission Decision 1999/391/EC19 of 31 May 1999 concerning the questionnaire 
relating  to  Council  Directive  96/61/EC  concerning  integrated  pollution  prevention 
and  control  (IPPC)  (implementation  of  Council  Directive  91/692/EEC).  The  legal 
basis,  Council  Directive  96/61/EC  was  repealed  as  of  as  of  18  February  2008  by 

15 OJ L 247, 24.9.2011, p. 54–58. 
16 OJ L 195, 27.7.2007, p. 47–49. 
17 OJ L 89, 5.4.2003, p. 17–23. 
18 OJ L 195, 24.7.2002, p. 74–80 
19 OJ L 148, 15.6.1999, p. 39–43. 

5 

 
 
                                                      
Directive  2008/1/EC  that  in  turn  was  repealed  by  Directive  2010/75/EU,  and  the 
questionnaire is no longer in use and is obsolete. 

-  Commission  Decision  1999/314/EC20of  9  April  1999  concerning  the  questionnaire 
relating  to  Council  Directive  96/82/EC  on  the  control  of  major-accident  hazards 
involving  dangerous  substances.  The  legal  basis,  Council  Directive  96/82/EC  was 
repealed as of 1 June 2015 by Directive 2012/18/EU of the European Parliament and 
of  the  Council  of  4  July  2012  on  the  control  of  major-accident  hazards  involving 
dangerous  substances,  amending  and  subsequently  repealing  Council  Directive 
96/82/EC,  and  the  questionnaire  exhausted  its  effect,  is  no  longer  in  use  and  is 
obsolete. 

-  Commission  Decision  98/184/EC21of  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  (implementation  of  Council  Directive 
91/692/EEC).  The  legal  basis,  Council  Directive  94/67/EC,  was  repealed  as  of  28 
December  2005  by  Directive  2000/76/EC  of  the  European  Parliament  and  of  the 
Council of 4 December 2000 on the incineration of waste, which was itself repealed 
as  of  07 January 2014 by Directive 2010/75/EU  of the European  Parliament and of 
the Council of 24 November 2010 on industrial emissions, and the questionnaire is no 
longer in use and is obsolete.  

-  Commission  Decision  96/511/EC22  of  29  July  1996  concerning  the  questionnaires 
provided  for  in  Council  Directives  80/779/EEC,  82/884/EEC,  84/360/EEC  and 
85/203/EEC.  The  legal  basis,  Council  Directive  84/360/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 control23 as of 30 October 2007. 
Further, legal basis, Council Directives 80/779/EEC, 82/884/EEC were repealed as of 
01  January  2005,  and  85/203/EEC  was  repealed  as  of  19  July  2001    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 
that  in  turn  was  repealed  as  of  10  June  2010  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 Europe24 and the questionnaires are no longer in use and are obsolete.  
-  Commission Decision 96/302/EC25 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. The legal basis, Article 8 (3) of Council Directive 
91/689/EEC, was repealed as of 24 February 2006 by Regulation (EC) No 166/2006 
of  the  European  Parliament  and  of  the  Council  of  18  January  2006  concerning  the 
establishment  of  a  European  Pollutant  Release and  Transfer Register  and  amending 

20 OJ L 120, 8.5.1999, p. 43–45. 
21 OJ L 67, 7.3.1998, p. 48–50. 
22 OJ L 213, 22.8.1996, p. 16–24 
23 OJ L 24, 29.1.2008, p. 8–29 
24 OJ L 152, 11.6.2008, p. 1  
25 OJ L 116, 11.5.1996, p. 26–27. 

6 

 
 
                                                      
Council Directives 91/689/EEC and 96/61/EC26 and the questionnaire is no longer in 
use and is obsolete.  

-  Commission  Decision  92/446/EEC27  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.  The  questionnaires  established  by  these  Decisions  included  references 
to  several  pieces  of  water  legislation  which  are  either  repealed  by  European 
Parliament and Council Directive 2000/60/EC establishing a framework in the field 
of  water  policy  or  were  amended  without  making  use  of  Council  Directive 
91/692/EEC for the purpose of reporting. Consequently, these questionnaires are no 
longer in use and are obsolete.   

-  Commission Decision 95/337/EC28 of 25 July 1995 amending Decision 92/446/EEC 
of 27 July 1992 concerning questionnaires relating to directives in the water sector. 
The questionnaire established by the Decision included references to several pieces of 
water  legislation  which  are  either  repealed  by  European  Parliament  and  Council 
Directive 2000/60/EC establishing a framework in the field of water policy or were 
amended  without  making  use  of  Council  Directive  91/692/EEC  for  the  purpose  of 
reporting. This questionnaire consequently is no longer in use and is obsolete. 

26 OJ L 33, 4.2.2006, p. 1–17 

27 OJ L 247 , 27/08/1992 P. 0010 – 0036. 
28 OJ L 200, 24.8.1995, p. 1–34. 

7 

 
 
 
 
 
 
                                                      
ANNEX II 

List of acts to be removed from the acquis 

1) 

2) 

3) 

4) 

5) 

6) 

7) 

8) 

9) 

10) 

11) 

Commission  Implementing Decision 2011/632/EU of 21 September 2011 (OJ L 
247, 24.9.2011, p. 54–58)  
Commission  Decision  2007/531/EC  of  26  July  2007  (OJ  L  195,  27.7.2007,  
p. 47–49) 
Commission  Decision  2003/241/EC  of  26  March  2003  (OJ  L  89,  5.4.2003,  
p. 17–23) 
Commission  Decision  2002/605/EC  of  17  July  2002  (OJ  L  195,  24.7.2002,  
p. 74–80) 
Commission  Decision  1999/391/EC  of  31  May  1999  (OJ  L  148,  15.6.1999,  
p. 39–43) 
Commission  Decision  1999/314/EC  of  9  April  1999  (OJ  L  120,  8.5.1999,  
p. 43–45) 
Commission  Decision  98/184/EC  of  25  February  1998  (OJ  L  67,  7.3.1998,  
p. 48–50) 
Commission  Decision  96/511/EC  of  29  July  1996  (OJ  L  213,  22.8.1996,  
p. 16–24) 
Commission  Decision  96/302/EC  of  17  April  1996  (OJ  L  116,  11.5.1996,  
p. 26–27) 
Commission  Decision  92/446/EEC  of  27  July  1992  (OJ  L  247,  27.8.1992,  
p. 10–36) 
Commission  Decision  95/337/EC  of  25  July  1995  amending  Decision 
92/446/EEC of 27 July 1992 (OJ L 200, 24.8.1995, p. 1–34.) 

8