CELEX: 51990PC0287
Language: en
Date: 1990-07-26
Title: PROPOSAL FOR A COUNCIL DIRECTIVE HARMONIZING AND RATIONALIZING REPORTS ON THE IMPLEMENTATION OF CERTAIN DIRECTIVES RELATING TO THE ENVIRONMENT

No C 214/6                             Official Journal of the European Communities                                      29. 8. 90
                                                              II
                                                      (Preparatory Acts)
                                                 COMMISSION
              Proposal for a Council Directive harmonizing and rationalizing reports on the implementation
                                      of certain Directives relating to the environment
                                                     COM(90) 287 final
                                      (Submitted by the Commission on 2 August 1990)
                                                        (90/C 214/04)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           tioned instruments, as regards exceeding the limits or
                                                                   derogating or deviating from the system established
Having regard to the Treaty establishing the European              therein;
Economic Community, and in particular Article 130s
thereof,                                                           Whereas the interval at which the Member States submit
                                                                   these reports to the Commission should be fixed at three
Having regard to the proposal from the Commission,                 years, with a one-year interval between sectors; whereas
                                                                   one year after the abovementioned reports are submitted
Having regard       to  the  opinion    of   the  European         the Commission should publish a consolidated report on
Parliament,                                                        the sector concerned;
Having regard to the opinion of the Economic and                   Whereas, in particular, the report on the implementation
Social Committee,                                                  of Council Directive 76/160/EEC of 8 December 1976
                                                                   concerning the quality of bathing water should appear
Whereas some Community Directives relating to the                  annually and in sufficient time to inform the public of
environment require the Member States to establish a               the quality of bathing water in the immediate future,
report on the measures taken to implement them;
whereas the Commission drafts a consolidated report;
whereas other Community directives relating to the envi-           HAS ADOPTED THIS DIRECTIVE:
ronment call for no such reports;
                                                                                             Article 1
Whereas the existing provisions on the establishment of
reports stipulate different intervals between reports and          The purpose of this Directive is to rationalize and
set different requirements for the content; whereas                improve the dispositions on the transmission of infor-
experience has shown that neither the Member States                mation and the publication of reports concerning certain
nor the Commission have always been able to meet the               Community Directives on the protection of the envi-
deadlines for establishing these reports;                          ronment.
Whereas such an obligation should be introduced to
                                                                                             Article 2
enable the Member States and the Commission alike to
assess the progress made in implementing these                     1.    The following paragraph shall replace the corre-
Directives throughout the Community's territory and, at            sponding provisions of the Directives listed in Annex 1:
the same time, to provide the general public with a
source of information on this subject;                                 'At intervals of three years, and for the first time by 1
                                                                       September 1991, the Member States shall send to the
Whereas the existing provisions should be harmonized to                Commission a report on the implementation of this
make them more consistent and more complete on a                       Directive. The report shall be drawn up on the basis
sector basis;                                                          of a questionnaire or outline which the Commission
                                                                       shall send to the Member States six months before
Whereas harmonization of these existing provisions, and                the above date.
introduction of such provisions where none have been
laid down, must not prejudice the Member States'                       The Commission shall publish at three-year intervals,
specific obligations to inform the Commission under the                and for the first time in 1992, a report on the
separate provisions made in certain of the abovemen-                   implementation of this Directive.'
 ---pagebreak--- 29. 8. 90                               Official Journal of the European Communities                               No C 214/7
2.     The text in the first subparagraph shall be inserted                                  Article 5
into the corresponding new provisions of the Directives
listed in Annex 2.                                                 1.    The following paragraph shall replace the corre-
                                                                   sponding provisions of the Directives listed in Annex 4:
                           Article 3                                   'At intervals of three years, and for the first time by 1
                                                                       September 1993, the Member States shall send to the
The following paragraph shall replace Article 13 of                    Commission a report on the implementation of this
Council Directive 76/160/EEC of 8 December 1975                        Directive. The report shall be drawn up on the basis
concerning the quality of bathing water (1).                           of a questionnaire or outline which the Commission
     'Every year, and for the first time by 31 December                shall send to the Member States six months before
     1991, the Member States shall send to the                         the above date.
     Commission a report on the implementation of this                 The Commission shall publish at three-year intervals,
     Directive. The report shall be drawn up on the                    and for the first time in 1994, a report on the
     implementation of this Directive. The report shall be             implementation of this Directive.'
     drawn up on the basis of a questionnaire or outline
     which the Commission shall send to the Member                 2.    The following paragraph shall be inserted into the
     States six months before the abovementioned date.             corresponding new provisions of the Directives listed in
                                                                  Annex 5:
     The Commission shall publish annually, and for the
     first time in 1992, a consolidated report based on the            'The Commission shall each year transmit to the
     reports mentioned in the first subparagraph.'                     Member States the information which it has received
                                                                       pursuant to this Article.'
                           Article 4
                                                                   3.    The reference to 'annual report' in the second
 1.    The following paragraph shall replace the corre-            subparagraph of Article 10 (4) of Council Directive
sponding provisions in the Directives listed in Annex 3:           80/779/EEC, listed in Annex 5, shall be amended to
                                                                   'three-year report.'
     'At intervals of three years, and for the first time by 1
     September 1992, the Member States shall send to the
                                                                                              Article 6
     Commission a report on the implementation of this
     Directive. The report shall be established on the basis       1.    The Member States shall introduce such laws, regu-
     of a questionnaire or outline which the Commission            lations and administrative provisions as are needed to
     shall send to the Member States six months before             comply with the provisions of:
     the above date.
                                                                   — Articles 2 and 3 by 1 January 1991 at the latest,
     The Commission shall publish at three-year intervals,
     and for the first time in 1994, a report on the               — Articles 4 and 5 by 1 January 1992 at the latest.
      implementation of this Directive.'                           They shall immediately notify the Commission of the
                                                                   measures taken.
 2.     The text set out in paragraph 1 shall be inserted as
Article 15a of Council Directive 84/360/EEC of 28 June             2.    The existing provisions of the Directives concerned
 1984 on the combating of air pollution from industrial            shall remain in force until the dates mentioned in
 plants (2).                                                       paragraph 1.
                                                                                              Article 7
 O OJ No L 31, 5. 2. 1976.
 O OJ No L 188, 16. 7. 1984.                                       This Directive is addressed to the Member States.
 ---pagebreak--- No C 214/8                                 Official Journal of the European Communities                                29. 8. 90
                                                                ANNEX    1
                                                    Directives amended by Article 2 (1)
           (a) Article 13 (1) of Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain
                dangerous substances discharged into the aquatic environment of the Community (').
           (b) Article 14 of Council Directive 78/176/EEC of 20 February 1978 on waste from the titanium dioxide
                industry (2).
           (c) Article 16 of Council Directive 78/659/EEC of 18 July 1978 on the quality of fresh waters needing
                protection or improvement in order to support fish life (*).
           (d) Article 8 of 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 States (4).
           (e) Article 14 of Council Directive 79/923/EEC of 30 October 1979 on the quality required of shellfish
                waters (5).
           (f) Article 16 (1) of Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater
                against pollution by certain dangerous substances (6).
           (g) Article 5 (1) and the first subparagraph of 5 (2) of Council Directive 82/176/EEC of 22 March 1982
                on limit values and quality objectives for mercury discharges by the chlore-alkali electrolysis
                industry (7)-
           (h) Article 5 (1) and 5 (2) of Council Directive 83/513/EEC of 26 September 1983 on limit values and
                quality objectives for cadmium discharges (*).
           (i) Article 6 (1) of Council Directive 84/156/EEC of 8 March 1984 on limit values and quality objectives
                for mercury discharges by sectors other than the chlore-alkali electrolysis industry (').
           (j) Article 5(1) and 5 (2) of Council Directive 84/491/EEC of 9 October 1984 on limit values and quality
                objectives for discharges of hexachlorocyclohexane (10).
           (k) Article 6 ( 1 ) and 6 (2) of Council Directive 86/280/EEC of 12 June 1986 on limit values and quality
                objectives for discharges of certain dangerous substances included in List 1 of the Annex to Directive
                76/464/EEC (").
            (') OJ  No  L 129, 18. 5. 1975.
            O   OJ  No  L 54, 25. 2. 1978.
            O   OJ  No  L 222, 14. 8. 1978.
            (4) OJ  No  L 271, 29. 10. 1979.
            O   OJ  No  L 281, 10. 11. 1979.
            (') OJ  No  L 20, 26. 1. 1980.
            O   OJ  No  L 81, 27. 3. 1982.
            (') OJ  No  L 291, 24. 10. 1983.
            (') OJ  No  L 74, 17. 3. 1984.
           O    OJ  No  L 274, 17. 10. 1984.
           (")  OJ  No  L 181, 4. 7. 1986.
 ---pagebreak--- 29. 8. 90                                 Official Journal of the European Communities                               N o C 214/9
                                                               ANNEX   2
                                                  Directives amended by Article 2 (2)
          (a) Article 9a of 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 States (').
          (b) Article 17a of Council Directive 80/778/EEC of 15 July 1980 relating to the quality of water intended
              for human consumption (2).
          (') OJ No L 194, 25. 7. 1975.
          (2) OJ No L 229, 30. 8. 1980.
                                                               ANNEX   3
                                                    Directives amended by Article 4
          (a) Article 7a of 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 fuels (').
          (b) Article 8 of Council Directive 80/779/EEC of 15 July 1980 on air quality limit values and guide values
               for sulphur dioxide and suspended particulates (2).
          (c) Article 18 of Council Directive 82/501/EEC of 24 June 1982 on major-accident hazards of certain
               industrial activities (3).
          (d) Article 6 of Council Directive 82/884/EEC of 3 December 1982 on a limit value for lead in the air (").
          (e) Article 8 of Council Directive 85/203/EEC of 7 March 1985 on air quality standards for nitrogen
               dioxide (5).
          (f) Article 13 (1) of Council Directive 87/217/EEC of 19 March 1987 on the prevention and reduction of
               environmental pollution by asbestos (').
          (l) OJ  No  L 307, 27. 11. 1975.
          O   OJ  No  L 229, 30. 8. 1980.
          (5) OJ  No  L 230, 5. 8. 1982.
          (4) OJ  No  L 378, 31. 12. 1982.
          (s) OJ  No  L 87, 27. 3. 1985.
          (') OJ  No  L 85, 28. 3. 1987.
 ---pagebreak--- N o C 214/10                                 Official Journal of the European Communities                            29. 8. 90
                                                                 ANNEX     4
                                                     Directives amended by Article 5 (1)
           (a) Article 18 of Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils ('), last
                  amended by Council Directive 87/101/EEC (2).
           (b) Article 12, subparagraphs 1 and 4, of Council Directive 75/442/EEC of 15 July 1975 on waste (3).
           (c) Article 10, subparagraphs 1 and 4, of Council Directive 76/403/EEC of 6 April 1976 on the disposal of
                  polychlorinated biphenyls and polychlorinated terphenyls (4).
           (d) Article 16 of Council Directive 78/319/EEC of 20 March 1978 on toxic and dangerous waste (5).
           (e) Article 12 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (').
           (f) Article 13 of Council Directive 84/631/EEC of 6 December 1984 on the supervision and control
                  within the European Community of the transfrontier shipment of hazardous waste (7).
           (g) Article 11 (1), 11 (2) and 11 (3) of Council Directive 85/337/EEC of 27 June 1985 on the assessment
                  of the effects of certain public and private projects on the environment (*).
           (h) Article 6 of Council Directive 85/339/EEC of 27 June 1985 on containers of liquids for human
                  consumption (').
           (i) Article 17 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 (10).
           (j) Article 26 of Council Directive 86/609/EEC of 24 November 1988 on the approximation of laws,
                  regulations and administrative provisions of the Member States regarding the protection of animals
                  used for experimental and other scientific purposes (").
             [*)  OJ  No L  194, 25. 7. 1975.
             ;2)  OJ  No L  42, 12. 2. 1987.
             [')  OJ  No L  194, 25. 7. 1975.
             ;4)  OJ  No L  108, 26. 4. 1976.
             ;5)  OJ  No L  84, 31. 3. 1978.
             ;6)  OJ  No L  103, 25. 4. 1979.
             {')  OJ  No L  326, 13. 12. 1984.
             [•)  OJ  No L  175, 5. 7. 1985.
             ;')  OJ  No L  176, 6. 7. 1985.
             l0
                ) OJ  No L  181, 4. 7. 1986.
             ") OJ No L 358, 18. 12. 1986.
 ---pagebreak--- 29. 8. 90                                 Official Journal of the European Communities                              No C 214/11
                                                              ANNEX 5
                                             Directives amended by Article 5 (2) and 5 (3)
             (a) Article 7 (4) of Council Directive 80/779/EEC of 15 July 1980 on air quality limit values and guide
                  values for sulphur dioxide and suspended particulates (').
             (b) Article 5 (4) of Council Directive 82/884/EEC of 3 December 1982 on a limit value for lead in the
                  air(2).
             (c) Article 7 (3) of Council Directive 85/203/EEC of 7 March 1985 on air quality standards for nitrogen
                  dioxide (3).
             (') O] No L 229, 30. 8. 1980.
             (2) OJ No L 378, 31. 12. 1982.
             O OJ No L 87, 27. 3. 1985.
                 Proposal for a Council Regulation (EEC) concerning the single administrative document
                                                  COM(90) 363 final — SYN 290
                                        (Submitted by the Commission on 3 August 1990)
                                                           (90/C 214/05)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                               Regulation (EEC) No 1062/87 ( J ); whereas Council
                                                                       Regulation (EEC) N o 1900/85 (4) as amended by Regu-
                                                                       lation (EEC) N o 1059/86 (5) stipulated that export and
                                                                       import declarations must be made on a document corre-
Having regard to the Treaty establishing the European
                                                                       sponding to the specimen form drawn up in accordance
Economic Community, and in particular Article 100a
                                                                       with Regulation (EEC) No 679/85;
thereof,
                                                                       Whereas Article 8 a of the EEC Treaty provides for the
Having regard to the proposal from the Commission,                     progressive establishment, over a period expiring on 31
                                                                       December 1992, of the internal market, which comprises
                                                                       an area without internal frontiers in which the free
In cooperation with the European Parliament,                           movement of goods, in particular, is ensured;
Having regard to the opinion of the Economic and                       Whereas the effect of implementing that provision is to
Social Committee,                                                      eliminate all checks and all formalities in respect of
                                                                       Community goods moving within the Community and,
                                                                       hence, to make the provisions laid down in Regulation
                                                                       (EEC) No 678/85, in principle, redundant; whereas,
Whereas Council Regulation (EEC) No 678/85 of 18                       however, the single administrative document should still
February 1985 simplifying formalities in trade in goods                be used, where necessary, during the transitional period
within the Community (*) provides that the formalities                 of the accession of Spain and Portugal to the
connected with such trade are to be completed using a                  Community in connection with trade between the
single administrative document; whereas the specimen                   Community as constituted on 31 December 1985 and
form of that document was prescribed by Council Regu-                  Spain or Portugal and between the two last-mentioned
lation (EEC) 679/85 (2), as amended by Commission
                                                                       O OJ No L 107, 22. 4. 1987, p. 1.
O OJ No L 79, 21. 3. 1985, p. 1.                                       (4) OJ No L 179, 11. 7. 1985, p. 4.
(2) OJ No L 79, 21. 3. 1985, p. 7.                                     (') OJ No L 97, 12. 4. 1986, p. 7.