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The Governments of the Member States and the Commission of the European Communities were represented as follows: Belgium: Mrs Magda DE GALAN Minister for the Environment Mr Didier GOSUIN Minister for the Environment of the Brussels Region Denmark: Mr Svend AUKEN Minister for the Environment Mr Leo BJØRNESKOV State Secretary for the Environment Germany: Mr Klaus TOEPFER Minister for the Environment Mr Clemens STROETMANN State Secretary for the Environment Greece: Ms Elizabeth PAPAZOI State Secretary for the Environment, Regional Planning and Public Works Spain: Ms Christina NARBONA State Secretary for the Environment France: Mr Michel BARNIER Minister for the Environment Ireland: Mr Michael SMITH Minister for the Environment Italy: Mr Valdo SPINI Minister for the Environment Luxembourg: Mr Alex BODRY Minister for the Environment Netherlands: Mr J.G.M. ALDERS Minister for Housing, Planning and the Environment Portugal: Mrs Teresa GOUVEIA Minister for the Environment and Natural Resources United Kingdom: Mr John GUMMER Secretary of State for the Environment Mr Timothy YEO Minister of State, Department of the Environment - + - Commission: Mr Yannis PALEOKRASSAS Member Discussions will continue on Monday 13 December (at 18 .00) with particular reference to: - THE PROPOSAL FOR A DIRECTIVE ON PACKAGING AND PACKAGING WASTE, - COMMUNITY STRATEGY ON CLIMATE CHANGE. o o o PROTECTION OF THE OZONE LAYER The Council unanimously adopted a Decision on conclusion of the second Amendment to the Montreal Protocol on substances that deplete the ozone layer; it also worked out political guidelines on the Regulation aimed at Communityimplementation of theprovisions contained in the Amendment, which were decided on at the fourth meeting of the Parties in Copenhagen in November 1992. The most significant features of the Amendment, which is due to be ratified by the Community and the Member States before June 1994, relate to: - HCFCs (hydrochlorofluorocarbons), for which the Amendment sets a consumption limit, as from 1 January 1996, of 3,1% of the calculated level of consumption of CFCs and HCFCs in 1989, and a timescale for phasing down from -35% on 1 January 2004 to total elimination on 1 January 2030; - methyl bromide, which the Amendment aims to freeze at 1991 production and consumption levels on 1 January 1995; it also provides for the possibility of a decision, on the basis of a full scientific analysis, on a 25% reduction by the year 2000 and on a schedule for phasing out; - HBFCs (hydrobromofluorocarbons), which the Amendment aims to eliminate by 1 January 1996. In the light of these guidelines, the Council's common position on the Community Regulation should bring in tougher measures, especially for HCFCs and methyl bromide, than contained in the Amendment to the Protocol. In real terms, this means that starting from 1 January 1995, there will be a maximum limit on consumption of HCFCs of 2,6% of the calculated level of consumption of CFCs and HCFCs in 1989, and a phase-out schedule beginning in 2004 and ending in total elimination in 2015. A 25% reduction in methyl bromide is planned for 1998, in addition to the freeze at 1991 consumption and production levels on 1 January 1995 set by the Amendment to the Protocol. Measures are also planned for the recovery of controlled substances and the reduction of leakages. For the sake of clarity, the proposal is designed to cancel and replace Regulation No 594/91 as amended by Regulation No 3952/92. The Permanent Representatives Committee was instructed to continue its discussions so that the Council could adopt its common position formally, in the light of the European Parliament's Opinion. MEASURES TO BE TAKEN AGAINST AIR POLLUTION BY EMISSIONS FROM MOTOR VEHICLES The Council reached political agreement with a view to adoption of a common position on a Directive aimed at securing a further reduction in noxious motor-vehicle emissions from 1996 via a further amendment of Directive 70/220/EEC. The main features of the common position, which will be adopted formally at a forthcoming Council meeting, are: - setting limit values on pollutant emissions for private cars with petrol or diesel engines, these will be compulsory for new type approvals from 1 January 1996 and for all newly registered vehicles from 1 January 1997. The values are as follows: category reference limit values of vehicle mass RM (kg) mass of carbon combined mass mass of monoxide of hydrocarbons particulates and oxides of nitrogen L1 L2 L3 (g/km) (g/km) (g/km) petrol diesel petrol diesel diesel M all 2,2 1,0 0,5 0,7 0,08 - the conditions subject to which Member States may grant tax incentives for new vehicles offered for sale on their territories which comply in advance with the limit-value requirements of the Directive; these will apply until the limit values become mandatory; - the guidelines which the Commission is to take into account when drawing up the measures it is to submit to the Council, before 31 December 1994, for the period starting from the year 2000. The guidelines provide that the Commission is to follow a "multi-faceted" approach encompassing all possible measures for reducing air pollution from road traffic. The Council has already agreed that these measures must aim at a substantial reduction in pollutant emissions from the vehicles concerned as compared with the limit values which are to become mandatory from 1996-1997. The common position will be formally adopted in the near future, once the texts have been finalized. HAZARDOUS WASTE Directive 78/318/EEC on toxic waste was due to be replaced on 12 December 1993 by Directive 91/689/EEC on hazardous waste, which provides that the Commission is to draw up a list of hazardous waste no later than six months before implementation of the Directive. As this list is not yet available, for technical reasons, the Council agreed on its common position on a decision designed to postpone the date of implementation of the Directive in question until 31 December 1994. As no formal decision can be taken before 12 December 1993, the Council also agreed on a political statement in which the Member States undertake to take the appropriate measures to maintain practical application of the provisions of the repealed Directive 78/319/EEC. The Permanent Representatives Committee was instructed to continue its discussions so that the Council could act as soon as possible, once the Opinion of the Parliament has been delivered. LANDFILL OF WASTE The Council took note of progress on the proposal for a Directive on the landfill of waste, particularly under the current Presidency. It also noted an initial summary of the outcome of the cost/benefit analysis which the Commission has carried out in respect of some of the Member States; the full report is expected early in 1994. The proposal was called for in the Council Resolution of 7 May 1990; it forms part of the Community's waste-management strategy, which makes landfill the last resort for waste disposal, disposal itself being low on the strategy's list of options. In practical terms, the proposal is designed to harmonize the environmental and technical standards for the landfill of waste so as to secure a high level of protection for environments (water, soil, air) likely to be affected by landfill and to avoid any distortion of competition as regards disposal waste which might result from disparities in legislation on landfill. The Permanent Representatives Committee will continue discussing the proposal in preparation for the Council's forthcoming discussions. DISPOSAL OF PCBs/PCTs The Council took note of progress on the proposal for a Directive on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCBs/PCTs). Following the European Parliament's Opinion, the initial proposal dating from 1988 was much amended by the Commission in 1991. It is intended to replace a 1976 Directive which has become obsolete following the ban on marketing PCBs/PCTs and advances in disposal techniques. In practical terms, it provides for the alignment of Member States' legislation on the controlled disposal of PCBs/PCTs and equipment contaminated by those substances (mainly transformers and capacitors). The Permanent Representatives Committee was instructed to continue its discussions so that the Council could decide on its common position at one of its forthcoming meetings. GREEN PAPER ON CIVIL LIABILITY The Council held a public debate on the Green Paper on remedying environmental damage. The paper is part of a series of measures or guidelines concerning civil liability in the field of the environment; those include the Commission proposal on civil liability for damage caused by waste, the Council's conclusions on 25 January 1993, and the fifth Community programme of policy and action in relation to the environment and development, to name but a few examples. It is designed to weigh up the feasibility and effectiveness of recourse to civil-liability mechanisms on the one hand and joint-compensation schemes on the other hand to remedy environmental damage. The Commission will continue its proceedings in the light of the debate, as part of the ongoing consultation process. FOLLOW-UP TO THE UNCED The Council took note of progress on the follow-up to the UNCED and discussed, amongst other things, the preparation of reports to the Commission on Sustainable Development (CSD). IMPLEMENTATION AND APPLICATION OF COMMUNITY ENVIRONMENTAL LEGISLATION - COUNCIL CONCLUSIONS "THE COUNCIL OF THE EUROPEAN UNION, 1. RECOGNIZING the importance of Community environmental action as a decisive area of Community policy of direct relevance to the quality of life of European citizens; 2. CONSIDERING that the aims of the Community environmental policy can only be achieved through the consistent and effective application of Community environmental legislation by all Member States; 3. RECALLING the Council conclusions of 15 December 1992 including the Commission's commitment to submit annual reports to the Council, as well as the Council's commitment to have an annual debate on the implementation of Community environmental legislation; 4. WELCOMES the presentation, for the first time, both to the Council and the European Parliament by the Commission of such a report aimed at describing the state of implementation throughout the Community; 5. DECLARES its intention in the next Council debate on implementation to consider the effectiveness of Community legislation in a particular sector; 6. REAFFIRMS that the Council attaches great importance to a correct, effective and timely implementation and application of Community environmental legislation; 7. STRESSES that the Commission and the Member States must prepare for timely and effective completion of the tasks allocated to them in the measures adopted; 8. UNDERLINES that good quality in the drafting of Community legislation, as referred to in Council Resolution of 8 June 1993 (1), contributes to facilitate implementation and application of Community law; 9. EMPHASIZES the need for legislation to be prepared on the basis of thorough and extensive consultation with all interested Parties, in line with the concept of shared responsibility which underlies the Fifth Environmental Action Programme; 10. UNDERLINES the role, in the context of the implementation and application of Community environmental legislation, of existing "horizontal" Directives, such as Directive 90/313/EEC (2) on freedom of access to information, and Directive 91/692/EEC (3) on rationalized reporting; 11. CALLS on the Commission and the Member States to fulfil promptly the reporting obligations laid upon them in the measures adopted; 12. STRESSES first the need for enhanced bilateral consultation between the Member States concerned and the Commission to facilitate implementation and underlines that, if practised on a regular basis, such consultation will prevent and reduce difficulties; 13. SUPPORTS the Commission initiative in inviting Member States to informal consultations in good time before the date of implementation of relevant Community legislation in order to help solve outstanding questions; 14. WELCOMES the ongoing efforts to enhance collaboration of Commission and Member States in the informal network of enforcement authorities that aims at the exchange of information on and the development of greater consistency in the implementation, application and enforcement of environmental legislation in the Community; 15. RECALLS that Article 20 of Council Regulation (EEC) No 1210/90 (4) on the European Environment Agency provides that two years after the Regulation's entry into force, the possible contribution of the Agency to the monitoring of the implementation of Community environmental legislation may be examined." (1) OJ C 166, 17.6.1993. (2) OJ L 158, 23. 6.1990. (3) OJ L 377, 31.12.1991. (4) OJ L 120, 11. 5.1990. MISCELLANEOUS DECISIONS (adopted without debate) Textiles The Council adopted, by a qualified majority, a Decision on the conclusion of agreements between the EC and certain third countries (1) on international trade in textile products. The Council also authorized the Commission to negotiate the extension of the Arrangement regarding international trade in textiles (MFA) for a further 12 months from 1 January 1994. Anti-dumping measures Following a review by the Commission, the Council adopted by a qualified majority (with the United Kingdom, Germany and Luxembourg voting against) a Regulation imposing amended anti-dumping measures on imports of ferro- silicon originating in Russia, Kazakhstan, Ukraine, Iceland, Norway, Sweden, Venezuela and Brazil. A definitive anti-dumping duty will be imposed on imports of ferro-silicon containing 20 to 96% of silicon by weight falling within CN codes7202 21 10 90 and ex 7202 29 00 (Taric code 7202 29 00 11) and originating in Norway, Sweden, Iceland, Brazil, Venezuela, Kazakhstan, Russia and Ukraine. The rate of duty, calculated on the basis of the free-at-Community- frontier price of the product, not cleared through customs, will now be: - 6,8% for ferro-silicon originating in Norway - 6,8% for ferro-silicon originating in Iceland - 7,4% for ferro-silicon originating in Sweden - 20,4% for ferro-silicon originating in Venezuela - 25% for ferro-silicon originating in Brazil unless produced by the companies below, to which the following rates apply: = 9,2% Cia Brasileira Carbureto de Cálcio, Rio de Janeiro = 22,8% Cia de Ferro Ligas da Bahia (Ferbasa), Pojuca, Bahia = 20,5% Cia Rima Electrometalurgia S.A., Belo Horizonte = 20,5% Cia Paulista de Ferroligas, São Paulo = 20,5% Cia Ferroligas Minas Gerais, Minasligas, Contagem, MG - 74% for ferro-silicon originating in Russia, Kazakhstan and Ukraine. The Council also adopted a Regulation extending for two months the provisional anti-dumping duty on imports of ethanolomines originating in the United States. * * * (1) Hong Kong, Singapore, Macao, Indonesia, the Philippines, Colombia, Peru, China, Argentina, Bangladesh, Brazil, Korea, Guatemala, India, Malaysia, Mexico, Pakistan, Sri Lanka, Thailand and Uruguay.