Proposal for a Decision of the European Parliament and of the Council laying down the Sixth Community Environment Action Programme (6th EAP) Consideration of EP second reading amendments Preparation of conciliation - Montesquieu Instituut

 

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COUNCIL OF Brussels, 28 January 2002

THE EUROPEAN UNION - PUBLIC

5529/1/02 REV 1

Interinstitutional File:

2001/0029 (COD) -

LIMITE

ENV 30

SAN 8

ENT 13

ENER 14

TRANS 12

AGRI 12

PECOS 27

FIN 27

SOC 27

ECOFIN 29

CODEC 77

INTRODUCTORY NOTE

from : General Secretariat

to : Permanent Representatives Committee

No prev doc.

No Cion prop. 5120/02 ENV 7 SAN 2 ENT 3 ENER 4 TRANS 2 AGRI 1 PECOS 19 FIN 5

SOC 3 ECOFIN 4 CODEC 13 REV 1 5771/01 ENV 47 SAN 12 ENT 13 ENER 5 TRANS 7 AGRI 14 PECOS 32 FIN

22 SOC 38 - COM (2001)31 final

Subject : Proposal for a Decision of the European Parliament and of the Council laying

On 17 January the EP Plenary session voted only 18 amendments. These amendments, detailed in document 5312/02, appear in the Annex to this document in the usual tabular form.

• 2. 

  On 21 and 28 January the Environment Working Party examined the final recommendation of the European Parliament, with a view to establishing the Member States' positions on the amendments. The Working Party agreed that the amendments proposed cannot be accepted in total.

II. CONSIDERATION

The European Parliament's final recommendation contains amendments which the Working Party agreed should be accepted or rejected as follows:

• - 

  5 amendments can be accepted now. They relate to: sustainable production and consumption (EP Amd 39); developing initiatives to raise the awareness of citizens (EP

Amd 4); Commission annual report on progress (EP Amd 14); low fuel consuming vehicles (EP Amd 19); and rising transport volumes and decoupling of transport and

GDP growth (EP Amd 33, accepted as an addition to the common position);

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2 amendments can be accepted in principle, with drafting changes. They relate to Community measures for the reduction of greenhouse gases ( The remaining eight amendments could be accepted on the basis of the compromise proposals outlined in the third column of the Annexed table (EP Amds nos. 2, 46, 45, 41, 13, 18, 32

and 43). The text of these compromise proposals has also been agreed by the Working Party.

III. CONCLUSION

The Permanent Representatives Committee is invited to:

• - 

  confirm the Working Party's conclusion that it is not possible to accept the European Parliament's recommendation for second reading, and that therefore a conciliation is necessary;

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give the Presidency a mandate to enter into informal trialogue negotiations on the basis of the preliminary positions outlined in the Annex attached.

_________________

ANNEX

COMMON POSITION EP AMENDMENTS WORKING PARTY

(2nd READING)

Amendment 2

Article 2, paragraph 1, subparagraph

The Programme systematically The Programme shall form the Presidency compromise proposal:

promotes sustainable development most important environmental "The Programme shall form a basis

and contributes to the dimension of the European for the environmental dimension

European Sustainable Development Sustainable Development Strategy of the European Sustainable

Strategy inter alia by setting out and contribute to the integration of Development Strategy and

environmental priorities for the the environment into all contribute to the integration of

Strategy. - Community policies inter alia by environmental concerns into all

setting out environmental priorities Community policies inter alia by

for the Strategy. - setting out environmental priorities

for the Strategy.".

COMMON POSITION EP AMENDMENTS WORKING PARTY

(2nd READING)

Amendment 39

Article 2, paragraph 2, indent 4

• - 

  better resource efficiency and - better resource efficiency and Acceptable.

resource and waste management resource and waste management to

thereby decoupling the use of bring about more sustainable

resources and the generation of production and consumption

waste from the rate of economic patterns, thereby decoupling the

growth and a shift to more use of resources and the generation

sustainable production and of waste from the rate of economic

consumption patterns aiming at growth and aiming to ensure that

significant gains in resource the consumption of renewable and

efficiency non-renewable resources does not

exceed the carrying capacity of the

environment .

Amendment 4

Article 2, paragraph 3, indent 1a

- developing European initiatives Acceptable.

to raise the awareness of citizens

and local authorities.

Amendment 5

Article 3, paragraph 2, indent 4a new

- measures to combat Reject.

environmental crime

COMMON POSITION EP AMENDMENTS WORKING PARTY

(2nd READING)

Amendment 46

Article 3, paragraph 4, indent 1

• - 

  encouraging reforms of subsidies - establishing, by 31 December Presidency compromise proposal:

with considerable negative effects 2003, a list of criteria allowing "- encouraging reforms of subsidies

on the environment and that are environmentally negative subsidies with considerable negative effects

incompatible with sustainable to be recorded, in order to draw up on the environment and that are

development; proposals for progressively incompatible with sustainable

eliminating the more negative development, inter alia by seeking

subsidies; to establish, by the mid-term

review, a list of criteria allowing

such environmentally negative

subsidies to be recorded; ".

UK: positive scrutiny reservation.

Amendment 45

Article 3, paragraph 4, indent 3

• - 

  promoting the use of fiscal - promoting and encouraging the Presidency compromise proposal:

measures such as environmentally use of fiscal measures such as "- promoting and encouraging the

related taxes and incentives; environmentally related taxes and use of fiscal measures such as

incentives, at the relevant level and environmentally related taxes and

preferably at Community level; incentives, at the relevant level

[...]; ".

D: scrutiny reservation.

COMMON POSITION

EP AMENDMENTS WORKING PARTY

(2nd READING)

Amendment 41

Article 4, paragraph 1

• 1. 

  Actions in Articles 5 to 8 will 1. Actions in Article 5 to 8 will Presidency compromise proposal:

include the development of include the development of "1. Actions in Article 5 to 8 will

thematic strategies and the thematic strategies and the include the development of

evaluation of existing strategies for evaluation of existing strategies for thematic strategies and the

priority environmental problems priority environmental problems evaluation of existing strategies for

requiring a broad approach. These requiring a broad approach. These priority environmental problems

strategies should include an strategies shall take the form of a requiring a broad approach. These

identification of the proposals that European Parliament and Council strategies should include an

are required to reach the objectives Decision to be adopted in identification of the proposals that

set out in the Programme and the accordance with the co-decision are required to reach the objectives

procedures foreseen for their procedure laid down in Article 251 set out in the Programme and the

adoption. These strategies should, of the Treaty. procedures foreseen for their

where appropriate , take the form of - adoption. These strategies shall be

a Decision. submitted to the European

Parliament and Council and

should, where appropriate take the

form of a European Parliament

and Council Decision to be

adopted in accordance with the

procedure laid down in Article 251

of the Treaty. ".

D: scrutiny reservation.

COMMON POSITION EP AMENDMENTS WORKING PARTY

(2nd READING)

Amendment 13

Article 4, paragraph 4

• 4. 

  The thematic strategies should be 4. The thematic strategies should be Presidency compromise proposal:

ready for implementation five years ready for implementation three "4. The thematic strategies should

after the adoption of the years after the adoption of the be ready for implementation five

Programme at the latest. Programme at the latest. The years after the adoption of the

implementation of thematic Programme at the latest. The mid

strategies shall be included in the term report, in which the

mid-term report in which the Commission evaluates the progress

Commission evaluates the progress made in implementing the

made in implementing the Programme shall include a review

Programme. of the thematic strategies. ".

Amendment 14

Article 4, paragraph 5

• 5. 

  The Commission will report 5. The Commission will report Acceptable.

regularly to the European yearly to the European Parliament

Parliament and the Council on the and the Council on the progress of Cion: scrutiny reservation.

progress of the development, the development, implementation

implementation and on the and on the effectiveness of the

effectiveness of the strategies. strategies.

COMMON POSITION EP AMENDMENTS WORKING PARTY

(2nd READING)

Amendment 15

Article 5, paragraph 1, indent 3

• - 

  placing the Community in a - placing the Community in a Reject.

credible position to advocate an credible position to advocate an

international agreement on more international agreement on more

stringent reduction targets for the stringent reduction targets for the

second commitment period second commitment period

provided for by the Kyoto Protocol. provided for by the Kyoto Protocol.

This agreement should aim at This agreement should aim at

cutting emissions significantly and cutting emissions significantly (by

take into account the necessity to 1% per annum by 2020 compared

move towards a global equitable with 1990 levels) and take into

distribution of greenhouse gas account the necessity to move

emissions. towards a global equitable

distribution of greenhouse gas

emissions.

COMMON POSITION EP AMENDMENTS WORKING PARTY

(2nd READING)

Amendment 42

Article 5, paragraph 2, point (iii) (ca) new -

ca. In the context of the EU target Reject.

of an 8% reduction, stabilising

CO2 transport emissions by 2008-

2012 as a first step;

Amendment 18

Article 5, paragraph 2, point (iii) (d)

(d) identifying and undertaking (d) identifying and undertaking - Presidency compromise proposal:

specific action to reduce further specific legislative action to "(d) identifying and undertaking

greenhouse gas emissions from reduce greenhouse gas emissions further specific [...] action,

motor vehicles including N

2O; from motor vehicles including N

2O; including legislation if

appropriate, to reduce greenhouse

gas emissions from motor vehicles

including N

2O;".

Amendment 19

Article 5, paragraph 2, point (iii) (e)

(e) promoting the development and (e) promoting the development and Acceptable.

use of alternative fuels with the aim use of alternative fuels and of low

of substantially and continually fuel consuming vehicles with the

increasing their share and of low aim of substantially and continually

fuel consuming vehicles; - increasing their share;

COMMON POSITION EP AMENDMENTS WORKING PARTY

(2nd READING)

Amendment 20

Article 5, paragraph 2, point (vi) (c)

(c) encouraging the development of (c) encouraging the development of Presidency compromise proposal:

more environmentally sound and more environmentally sound and "(c) encouraging the development

technically feasible alternatives technically feasible alternatives of more environmentally sound and

aiming at reducing emissions, aiming at reducing emissions, technically feasible alternatives

phasing out the production where phasing out the production where aiming at reducing emissions,

appropriate and feasible and appropriate and feasible and including the establishment of

reducing the use of industrial reducing the use of industrial Community measures, phasing out

fluorinated gases fluorinated gases the production where appropriate

HFCs (hydrofluorocarbons), PFCs HFCs (hydrofluorocarbons), PFCs and feasible and reducing the use of

(Perfluorocarbons) and SF

6 (Perfluorocarbons) and SF

-

(sulphur hexafluoride); 6 industrial fluorinated gases

(sulphur hexafluoride) establishing HFCs (hydrofluorocarbons), PFCs

Community measures for the (Perfluorocarbons) and SF

reduction of emissions of 6

(sulphur hexafluoride) [...];".

industrial greenhouse gases (HFC,

PFC, SF

6 );

COMMON POSITION EP AMENDMENTS WORKING PARTY

(2nd READING)

Amendment 32

Article 7, paragraph 2, point (h), indent 1

• - 

  a thematic strategy promoting an - a thematic strategy promoting an Presidency compromise proposal:

integrated approach across integrated horizontal approach "- a thematic strategy promoting an

Community policies, taking account across Community policies and integrated horizontal approach

of progress made in implementing ensuring the quality of urban across Community policies and

the existing cooperation environment, taking into account of improving the quality of urban

framework , reviewing it where progress made in implementing the environment, taking into account of

necessary, and addressing: existing cooperation framework progress made in implementing the

reviewing it where necessary, and existing cooperation framework

addressing: - reviewing it where necessary, and

addressing:".

Amendment 33

Article 7, paragraph 2, point (h), indent 3

• - 

  the reduction of the link between - the need to tackle rising volumes Presidency compromise proposal:

economic growth and passenger of traffic and to bring about "- the reduction of the link between

transport demand; significant decoupling of transport economic growth and passenger

growth and GDP growth; transport demand;

- the need to tackle rising volumes

of traffic and to bring about

significant decoupling of transport

growth and GDP growth; ".

UK: scrutiny reservation.

COMMON POSITION EP AMENDMENTS WORKING PARTY

(2nd READING)

Amendment 43

Article 10, point (c), indent 1

• - 

  ex-ante evaluation of the possible - introduction of an environmental Presidency compromise proposal:

impacts, in particular the impact assessment for all "- ex-ante evaluation of the possible

environmental impacts, of new Commission decisions and impacts, in particular the

policies including the alternative of legislative proposals, if significant environmental impacts, of new

no action and of the proposals for impacts on the environment are to policies including the alternative of

legislation; be expected, and publication of the no action and of the proposals for

results, in line with Declaration legislation and publication of the

No. 12 annexed to the Final Act of results; ".

the Amsterdam Treaty,

D: scrutiny reservation;

UK: waiting reservation.

COMMON POSITION EP AMENDMENTS WORKING PARTY

(2nd READING)

Amendment 38

Article 10, point (e), subparagraph

The production of this information The production of this information Presidency compromise proposal,

will be supported regular reports will be supported regular reports to amend the heading of point (e) as

from the European Environment from the European Environment follows:

Agency and other relevant bodies. Agency and other relevant bodies. "(e) ensuring regular information,

The information shall consist The information, to be provided at to be provided starting from 2003,

notably of: - the latest by 2003, shall consist that can help to provide the basis

notably of: - for:".

D: scrutiny reservation.