The Governments of the Member States and the European Commission were
represented as follows:
Belgium:
Jan PEETERS State Secretary for the Environment
Denmark:
Svend AUKEN Minister for the Environment and Energy
Germany:
Angela MERKEL Minister for the Environment
Greece:
Adamantios VASSILAKIS Deputy Permanent Representative
Spain:
Isabel TOCINO BISCAROLASAGA Minister for the Environment
France:
Corinne LEPAGE Minister for the Environment
Ireland:
Brendan HOWLIN Minister for the Environment
Italy:
Edo RONCHI Minister for the Environment
Valerio CALZOLAIO State Secretary for the Environment
Luxembourg:
Johny LAHURE Minister for the Environment
Netherlands:
Margreet DE BOER Minister for Housing, Planning and the
Environment
Austria:
Martin BARTENSTEIN Minister for the Environment
Portugal:
Elisa FERREIRA Minister for the Environment
Finland :
Pekka HAAVISTO Minister for the Environment
Sweden:
Anna LINDH Minister for the Environment
Mats ENGSTRÖM State Secretary for the Environment
United Kingdom:
John GUMMER Secretary of State for the Environment
The Earl of Lindsay Parliamentary Under-Secretary of State,
Scottish Office
For the Commission:
Ritt BJERREGAARD Member
POLLUTION STANDARDS FOR THE ENGINES OF NON-ROAD MOBILE MACHINERY
The Council reached unanimous political agreement on its common position on
the proposal for a Directive harmonizing the measures to be taken against
the emission of gaseous and particulate pollutants from internal combustion
engines to be installed in non-road mobile machinery.
The common position will be adopted formally when the text has been
finalized; it will then be sent to the European Parliament, which will carry
out a second reading under the co-decision procedure.
The Directive proposed lays down, inter alia, emission standards and type-
approval procedures for engines to be installed in non-road mobile
machinery. It will contribute to the completion of the single market while
protecting human health and the environment.
The machinery in question includes, inter alia, the following equipment:
- industrial drilling rigs, compressors, etc.;
- construction equipment including wheel loaders, bulldozers, crawler
tractors, crawler loaders, truck-type loaders, off-highway trucks,
hydraulic excavators, etc.;
- agricultural equipment, rotary tillers;
- forestry equipment;
- self-propelled agricultural vehicles (except tractors);
- material-handling equipment;
- fork-lift trucks;
- road-maintenance equipment (motor graders, road rollers, asphalt
finishers);
- snow-plough equipment;
- ground-support equipment in airports;
- mobile cranes.
Neither agricultural nor forestry tractors are covered by this Directive;
they will be dealt with in a separate proposal to be submitted by the
Commission.
The proposal lays down limit values for the main pollutants which must be
achieved in two stages and in steps depending on the power of the engines
concerned.
The limit values under Stage I must be achieved between 30 September 1998
and 31 March 1999 and those under Stage II between 31 December 2000 and
31 December 2003, depending on the category of engine.
Nevertheless, for each category Member States may postpone the above
requirement for two years in respect of engines with a production date prior
to the above dates.
The emissions of carbon monoxide, the emissions of hydrocarbons, the
emissions of the oxides of nitrogen and the emissions of particulates
obtained shall for Stage I not exceed the amount shown in the table below:
Net Carbon Hydrocarbons Oxides of Particulate
power monoxide nitrogen s
(P) (CO) (HC) (NOx)
(kW) (g/kWh) (g/kWh) (g/kWh) (PT)
(g/kWh)
130 \< P < 560 5,0 1,3 9,2 0,54
75 \< P < 130 5,0 1,3 9,2 0,70
37 \< P < 75 6,5 1,3 9,2 0,85
The maximum quantities for Stage II are as follows:
Net Carbon Hydrocarbons Oxides of Particulates
power monoxide nitrogen
(P) (CO) (HC) (NOx) (PT)
(kW) (g/kWh) (g/kWh) (g/kWh) (g/kWh)
130 \< P < 560 3,5 1,0 6,0 0,2
75 \< P < 130 5,0 1,0 6,0 0,3
37 \< P < 75 5,0 1,3 7,0 0,4
18 \< P < 37 5,5 1,5 8,0 0,8
The reductions thus achieved in the present emission levels are estimated at
29% for hydrocarbons, nearly 50% for oxides of nitrogen and 67% for
particulates.
The Council and the European Parliament will decide by the end of the year
2000 on a proposal which the Commission will submit before the end of 1999
which will aim at a further reduction in emission limit values, taking into
account the global availability of techniques for controlling air-polluting
emissions from compression-ignition engines and the air-quality situation.
Unlike the Commission proposal, the common position does not set up a
Community framework for the tax incentives that the Member States might
introduce.
The engines covered by this proposal for a Directive have not so far been
subject to any emission standards. The atmospheric pollution caused by the
diesel engines of such non-road machinery is, however, relatively high as
regards oxides of nitrogen and particulates. In fact, in 1990 such
pollution represented 7% of the NOx emissions and 1% of the particulate
emissions generated by human activity in the European Union, or the
equivalent of 37% and 33% of the emissions from diesel engines in road
vehicles respectively.
NOx cause acidification and ozone formation. Particulate emissions are
harmful or mutagenic and therefore recognized as a serious health risk.
DIRECTIVE ON THE PLACING OF BIOCIDAL PRODUCTS ON THE MARKET
The Council reached a unanimous political agreement on a common position
concerning the Directive for the placing on the market and the use of
biocides and their active substances.
The Permanent Representatives Committee was instructed to finalize the text
of the common position with a view to its adoption, as an A item, at a
forthcoming meeting.
It will then be forwarded to the European Parliament, for second reading
according to the co-decision procedure.
The aim of the Directive is to set up a harmonized approach for authorizing
biocides throughout the Community; it complements existing Community
legislation on similar products (e.g. pesticides) and thus puts an end to
fragmentation of the internal market for chemicals. A Community action is
needed in order to ensure a proper functioning of the internal market and to
guarantee at the same time a high level of protection for humans, animals
and the environment.
The Directive will cover approximately 14 000 products and their more or
less 400 active substances, ranging from products for hygiene purposes, to
disinfectants, wood preservatives, rodenticides, insecticides, etc.
Following the basic principles - one authorization per product and mutual
recognition throughout the Community - the Directive establishes harmonized
authorization procedures including simplified procedures for
frame-formulations, low-risk biocidal products and commodity substances. It
introduces a new concept into Community law: the principle of comparative
assessment which envisages to eliminate in the long term more dangerous
substances if alternative substances exist.
The Directive also contains common principles for the evaluation of biocidal
products: any risk arising from the use of a biocidal product shall have to
be identified on the basis of data resulting from testing. Following its
overall evaluation, a biocide shall or shall not be authorized.
Finally, one of the concerns of the Directive is to try to avoid duplication
of or unnecessary testing on animals.
A COMMUNITY STRATEGY TO REDUCE CO2 EMISSIONS AND IMPROVE FUEL ECONOMY -
COUNCIL CONCLUSIONS
"1. The Council welcomes the approach for a strategy put forward by the
Commission in its communication for reducing CO2 emissions from
passenger cars and improving fuel economy. Taking account of its
conclusions of 15-16 December 1994, 9 March 1995 and
22-23 December 1995, it reiterates the importance which it attaches to a
Community initiative in this area. Community action in this area will
also support work presently undertaken in the context of the
international efforts for combating climate change within the mandate
decided upon at the First Conference of the Parties to the United
Nations Framework Convention on Climate Change (Berlin 1995).
2. The Council affirms the medium-term objective to reach an average
CO2-emission value for newly registered cars in the European Union
corresponding to 120 g CO2/km which is roughly equivalent to an average
consumption of 5 l/100 km for petrol cars and 4,5 l/100 km for diesel
cars. This means a significant reduction of the present level of CO2
emissions. The aim is to reach this objective by 2005. The Council is
of the opinion that achievement of this will require the immediate
establishment of intermediate emission objectives in a phased approach
demonstrating substantial progress which should be the subject of close
monitoring. Should it appear that it is not possible fully to achieve
the objective by 2005, the phasing could be extended, but in no case
beyond 2010.
3. The Council is of the opinion that only a comprehensive and consistent
strategy will be able to ensure that the average CO2-emission-value
target mentioned above will be met and further progress has to be made
in reducing fuel consumption in the longer term.
4. The Council believes that the priority actions, proposed by the
Commission, consisting of an agreement with industry in combination with
market incentives and consumer information, are an important step
forward in this context. It agrees that a strategy for reducing CO2
from cars should, in the short term, be based on these priority actions.
The Council considers that measures for reducing CO2 emissions should be
coherent with other environmental objectives, in particular air quality
objectives including tropospheric ozone, and acidification, and should
not compromise traffic safety.
The Council is concerned about the possibility that the approach for a
strategy proposed by the Commission may in the end not be sufficient to
ensure the attainment of the average CO2-emission-value target set out
in paragraph 2 above.
The Council believes, therefore, that:
- the priority actions as mentioned above should be implemented within
the shortest possible timescales, and calls on the Commission to
start to undertake the necessary steps;
- the effectiveness of the strategy should be evaluated regularly and,
therefore, the establishment of a monitoring system is of crucial
importance.
5. Furthermore, the Council is of the opinion that the strategy could,
where appropriate, be supplemented by certain other measures, including
traffic management schemes, which, inter alia, might aim at influencing
driving behaviour, at shifting traffic towards more
environmentally-friendly modes of transport, including public transport
as advocated in the Commission's green paper entitled "The Citizens'
Network", and at addressing other sources of CO2 emissions in the
transport sector.
The Council invites the Commission to consider such measures, to report
to the Council at the latest in 1997, and to make proposals, if
appropriate, on these issues within the shortest possible delay
thereafter.
If it appears that the strategy would not be effective enough, the
Commission will study additional measures including the effectiveness of
binding CO2-emission limit values, and, if appropriate, present relevant
proposals to the Council.
6. The Council asks the Commission to begin without delay discussions with
the automobile industry on an agreement for reducing the average CO2
emissions of new cars sold in the European Union.
Such an agreement should seek to commit the industry in the European
Union as a whole, as well as importers, to make the major contribution
to the achievement of the CO2-emission-value objectives set out in
paragraph 2 above.
The Council requests the Commission to take into account in particular:
- the importance of an ambitious EU-wide commitment which corresponds
to the objective mentioned above;
- the importance of intermediate targets which provide the basis for a
monitoring of the agreement;
- agreements already existing at national level;
- the importance of contributions from each car manufacturer in
reducing fuel consumption.
The Council invites the Commission to report to it on the progress of
its discussions with the industry not later than the end of 1996. With
a view to these discussions, the Commission is invited to draw on the
advice of a group of experts from Member States.
To encourage a broader discussion in the Council on the conditions for
agreements with the industry in the field of the environment, the
Council invites the Commission to come forward as soon as possible with
the communication on this subject announced in its work programme.
7. The Council stresses the importance of an EU-wide monitoring system on
the development of the average CO2 emissions of new cars sold.
Therefore, a transparent monitoring system should be established which
would enable monitoring of the progress achieved, in particular, by the
implementation of the agreement with industry.
This monitoring system should function autonomously from the agreement
with industry and be based on data provided by the competent authorities
in the Member States. Monitoring should be done in cooperation with the
automobile industry and importers, and provide for regular public
reports on the progress made. The Council invites the Commission to
present a proposal for a monitoring system not later than June 1997.
In the meantime, the Council recommends Member States to provide the
Commission with the necessary data, according to Commission
Directive 93/116/EC, allowing the Commission to start such a monitoring
system in 1998.
The Council recommends the Commission to elaborate as soon as possible a
proposal for extending Directive 88/1268/EEC, as amended by Commission
Directive 93/116/EC, to vehicles running on other fuels which are not
yet covered by existing Community legislation.
8. The Council agrees with the Commission that measures to influence
consumer behaviour will be required to support and complement an
agreement with industry. Considering that a CO2-emission consumer
information system is an important and useful measure to influence
consumer choice, the Council welcomes the Commission's intention to come
forward with a proposal in this sense before the end of 1997.
9. The Council considers that an increase of the minimum excise duties on
road fuels constitutes an important element in an efficient strategy
aiming at the reduction of CO2 emissions in the transport sector. The
Council invites the Commission to take account of this consideration in
its proposal for a revision of Directive 92/82/EEC in 1996.
10. The Council recognizes that other fiscal measures can contribute to
achieving cost-effective improvements in the fuel consumption
characteristics of the vehicle fleet. The Council invites the
Commission to continue the study it is currently carrying out of the
different car taxation systems applied in the Member States, with a view
to identifying the consequences of these systems on the reduction of the
CO2 emissions and to report back to the Council before June 1997 at the
latest.
Furthermore, the Council invites the Commission to study the possibility
of establishing a reference framework for fiscal incentives in the
context of the agreement with industry.
11. The Council invites the Commission to regularly evaluate the
effectiveness of the implementation of the Community strategy for
reducing CO2 emissions from passenger cars. To this end, and also in
the light of the Community's commitments in the context of the global
strategy on climate change and the overall CO2-monitoring mechanism, the
Council asks the Commission to report regularly, in particular on:
- the development of the reduction in average CO2 emissions of the new
cars sold based on the monitoring system to be established;
- the progress made by the automobile industry in meeting its
commitments under the agreement with industry;
- the measures taken at both Community and Member State level to
improve vehicle fuel economy, including especially in the area of
economic instruments;
- the impact of the strategy on the market;
- the impact of the strategy on Community objectives relating to air
quality, including tropospheric ozone, and acidification, and other
environmental aspects of transport;
- the coherence of the strategy with Community legislation,
particularly on road safety;
- the technological development, inter alia, on the basis of the
result of the task force "Car of tomorrow".
12. With a view to considering more ambitious CO2-emission objectives for
passenger cars in the longer term, the Council invites the Commission to
present it with a report, not later than 2000 on the basis of
fuel-efficiency potentials generated by future technological progress
and on their economic feasibility and, if appropriate, proposals for
achieving such objectives."
SUSTAINABLE DEVELOPMENT - COMMUNITY POLICY AND ACTION PROGRAMME
The Council had a debate on the proposed review of the so-called fifth
environmental action programme, approved in the beginning of 1993.
The Council endorsed the general strategy of the Commission's proposal,
giving some orientations in view of future in-depth discussions.
The proposal for a review does not modify the approach but aims at focusing
it on certain priority areas (i.a. integration of the environment policy
into other Community policies, extension of instruments to assure
sustainable development, more efficient Community legislation) and certain
horizontal issues meant to accelerate the implementation of the programme
(i.a. improved statistical information, sensibilization of industry and
consumers, promotion of local and regional initiatives).
COMMUNITY STRATEGY ON CLIMATE CHANGE - COUNCIL CONCLUSIONS
"1. The Council welcomes the positive role played by the European Community
and the Member States in the Berlin Mandate Process up until AGBM-3.
It notes with concern that the Berlin Mandate Process is not advancing
as needed to achieve its intended objective. It reiterates its
willingness to continue to participate in a constructive and concrete
process to finalize a successful protocol at COP-3.
2. In this regard, the Council maintains that, in order to strengthen and
enlarge the Convention commitments, a protocol or another legal
instrument should be set up in a combined approach, including
commitments for Annex I Parties regarding:
- policies and measures, as well as
- quantified emission limitation and reduction objectives within
specified time-frames.
These elements are interdependent.
Furthermore, in the context of a protocol, the Council reaffirms the
need to continue to advance the implementation of existing commitments
in Article 4.1, by all Parties, in order to achieve sustainable
development.
In this context the Council recalls the Community proposal on a protocol
structure submitted to AGBM; and reaffirms its strong preference for a
protocol.
The Council urges COP-2 to support the Community's proposal and welcomes
constructive contributions from all Parties.
3. The Council recognizes that the IPCC Second Assessment Report represents
the most comprehensive and authoritative assessment in the science of
climate change.
The Council notes again with concern that the IPCC S.A.R. concludes that
the balance of evidence suggests that there is a discernible human
influence on global climate.
The Council stresses that these findings underline the need for urgent
action at the widest possible level.
The Council reaffirms its belief that this report constitutes a key
input in the process of defining and agreeing internationally the
appropriate next steps towards achieving the ultimate objective of the
FCCC. It urges COP-2 to endorse the IPCC S.A.R. findings.
4. Furthermore, the Council underlines that the IPCC S.A.R. is the
principal reference document for global emission reduction objectives,
for the technical potential and for cost-effectiveness of the measures
which have to be selected within the defined portfolio of options. It
also recalls in this context the valuable contribution offered by the
ongoing work on possible common action on policies and measures in the
framework of Annex I expert group, OECD/IEA.
5. The Council recognizes that, according to the IPCC S.A.R., stabilization
of atmospheric concentrations of CO2 at twice the pre-industrial level,
i.e. 550 ppm, will eventually require global emissions to be less than
50% of current levels of emissions; such a concentration level is likely
to lead to an increase of the global average temperature of around 2uC
above the pre-industrial level.
6. Given the serious risk of such an increase and particularly the very
high rate of change, the Council believes that global average
temperatures should not exceed 2 degrees above pre-industrial level and
that therefore concentration levels lower than 550 ppm CO2 should guide
global limitation and reduction efforts. This means that the
concentrations of all greenhouse gases should also be stabilized. This
is likely to require a reduction of emissions of greenhouse gases other
than CO2 in particular CH4 and NO2. The Council looks forward to the
results of the further technical paper, including social and economic
considerations, on this issue which is due to be completed by the IPCC,
at the request of SBSTA, by the end of 1996.
In this context the Council believes that the precautionary principle
has to be applied, and the ad hoc Group is requested to explore
possibilities to stimulate early action along the lines of proposals and
suggestions made in the context of the protocol negotiations.
Furthermore, the Council notes that the IPCC considers that significant
reductions in greenhouse gas emissions are technically possible, and can
be economically feasible. It also notes that significant "no-regrets"
opportunities are available; and that there is a rationale, on the basis
of potential risk, for action beyond no-regrets at Annex I Parties
level.
7. The Council believes that global efforts require global responses and
full participation of all Parties. This has to be based on a closer
partnership between developed and developing countries: beside the
strengthened commitments of developed countries it is important that the
developing countries play their part in producing and using more
energy-efficient and lower carbon-emitting technologies and products.
In this perspective, information provided in national communications are
an essential first step to involving further all Parties in the global
climate change mitigation efforts.
In the light of the Berlin Mandate a major challenge is therefore to
maximize the cooperative effort between all Parties, the three main
elements of such an effort being:
- opportunities to promote and cooperate in the development,
applications, diffusion, including transfer, of technologies,
practices and processes;
- opportunities offered by the development of activities implemented
jointly;
- opportunities to make programmes and investments from multilateral
development banks and the private sector consistent with the
objectives of the FCCC, and the implementation of Article 4(1) in
particular.
8. Against this background, the Council believes it is essential that each
of the Annex I Parties - it being understood that the Community is
treated as one Party - agrees to set quantified objectives for
significant overall reductions of greenhouse gas emissions after the
year 2000 below 1990 levels, within specified timeframes, not simply to
limit the growth of total emissions.
9. Recognizing that we are now half-way through the Berlin Mandate process,
the Council urges all Parties to renew their efforts in this regard.
The Community and the Member States stand ready to engage in
constructive negotiations with other Parties at COP-2 and beyond, to
identify credible reduction objectives and to consider how such
objectives can meet the equity requirements of the Berlin Mandate.
10. The Council stresses the constructive work done by the ad hoc Group in
developing proposals covering at present policies and measures on
renewable energies, product energy-efficiency standards, transportation
and economic instruments. These proposals have been forwarded to
AGBM-3, and the Council looks forward to the other proposals to be
presented to AGBM-4.
11. The Council notes that, on the basis of the latest reports by Member
States, the Community is on course to return its CO2 emissions to 1990
levels by the year 2000, but at the same time recognizes that further
efforts will be necessary to achieve the stabilization objective.
12. The Council notes that, on the basis of the work already done by the Ad
hoc Group on Climate, it is feasible for the Community as a whole to
reach a reduction of CO2 emissions by 2010 compared to 1990 levels,
through the implementation of policies and measures identified by Member
States and the Commission, at national and at Community level. Further
work is required for the assessment of potential reductions in the
years 2005 and 2020.
13. The Council confirms that equitable sharing of any emission reduction
objective by the Community as a whole, i.e. the burden differentiation
among Community Member States, is a fundamental element of the Community
climate change strategy and that it should start with common and
coordinated policies and measures, as appropriate. In further
elaborating this issue, the ad hoc Group is requested to assess the
limitation/reduction potential and the cost of policies and measures at
Community level, in addition to those taken or envisaged at national
level, as an approach to the equitable sharing of the burden.
14. In this regard, the Council requests Member States and the Commission,
in the framework of the ad hoc Group on Climate, further to develop the
work started on quantified emission limitation and reduction objectives
(QELROs) by:
- identifying the most relevant measures at national and Community
level;
- estimating for each Member State and the Community the achievable
emission limitation/reduction and, to the extent possible, the
potential cost for each policy and measure using comparable
methodologies, including no-regret potential at national and
Community level;
- identifying which measures have to be taken at national and
Community level.
15. In order to monitor the effects of policies and measures by the
year 2000 and beyond this time horizon, the Council:
- invites the Commission, assisted by the Committee established under
Council Decision 93/389, to evaluate the use of general and sectoral
indicators of energy and CO2 intensity, and to provide a
comprehensive overview of different sectoral indicators on GHG
emissions available for these purposes;
- urges the Commission to submit, as soon as possible, proposals to
amend the abovementioned Decision in order to include the obligation
to report to the Monitoring Mechanism data beyond 2000.
16. Furthermore, in order to achieve full consistency of policies within the
Community, the Council requests the Commission, as well as Member
States, to ensure proper coordination between work in the ad hoc Group
on Climate and other relevant work, in particular regarding energy,
industry, transport, economic instruments and agriculture.
17. The Council requests the ad hoc Group to report about the work done to
the October Environment Council meeting, in order to be able to adopt in
December 1996 conclusions giving substantive guidance for the Protocol
negotiations.
18. The Council stresses the importance of the forthcoming second Conference
of the Parties which should focus the Berlin Mandate process on concrete
negotiations of a protocol to ensure a successful conclusion of that
process at COP-3. In this context, the Council also stresses the need
for close cooperation with other Parties to the Convention."
TRADE AND THE ENVIRONMENT
The Council held a general exchange of views on the Commission communication
on trade and the environment.
That communication, which the Commission submitted on 1 March 1996, is
designed to serve as a basis for defining the European Community's position
on the topic of trade and environment, especially at the first Ministerial
Conference of the World Trade Organization (WTO), to be held in Singapore in
December 1996.
CONVENTION ON BIOLOGICAL DIVERSITY
- Preparation of the third Conference of the Parties
The Council President gave an account of the preparations in progress
with a view to this Conference which will be held in Buenos Aires in
November 1996. The Council will discuss this issue in greater detail at
its meeting in October.
- Protocol on biosafety
The Council adopted conclusions complementing the negotiation mandate
already given to the Commission with regard to such a Protocol in
October 1995. Since then, the Second Conference of the Parties took a
decision (decision II/5) defining the terms of reference for the
beginning of the negotiating process. Taking into account these
elements, the new mandate updates and complements the negotiating
directives of October 1995, as regards i.a. the keypoints relevant to
the development of the protocol, its scope and definitions, risk
assessment and risk management, informed agreement procedures and
exchange of information, relationship to international agreements and
procedural aspects.
CONTAINED USE OF GENETICALLY MODIFIED MICRO-ORGANISMS
The Council held an orientation debate on the proposal for a Directive
amending Directive 90/219/EEC on the contained use of genetically modified
micro-organisms (GMOs).
Taking into account the experience and scientific knowledge gained over the
last few years (Directive 90/219/EEC is based on scientific knowledge from
the early 1980s), the Commission proposal:
- updates the scope of Directive 90/219/EEC;
- provides for a simplified procedure for further technical amendments;
- modifies the risk-categorization of the contained-use activities;
- adapts the administrative procedures and modification requirements to
the actual risk-level of activities;
- further specifies the containment and control measures to be applied.
The Council debate focused on the objectives of the amending Directive, the
amendments of the scope of the Directive, the basis for risk categorisation,
and the streamlining of administrative procedures. The detailed examination
of the proposal will begin under the Irish Presidency.
GENETICALLY MODIFIED MAIZE
The Council discussed the Commission's proposal on the marketing of
genetically modified maize (Zea mays L.). A large number of delegations
stated that they could not support this proposal and would like the
Commission to withdraw it; one delegation was in favour and another one
abstained. The Presidency concluded therefore that the Council was not in a
position to act. The Commissioner announced that, given this situation, she
would report to her Institution which would then decide on the appropriate
course of action.
It is recalled that the proposal had been submitted to the Council in
accordance with the so-called comitology rules, the Commission having failed
to obtain the necessary qualified majority in support of the measure in the
relevant committee. In this case, the rules stipulate that if the Council
does not, within three months (i.e. before 31 August 1996), approve the
proposal by qualified majority (or amend it unanimously) the Commission
shall adopt the measures it proposed.
COMMUNITY WATER POLICY
- COUNCIL CONCLUSIONS
"The Council recalls the importance which it attaches to establishing of
a coherent and efficient water policy which can fact the challenges the
Community is actually confronted with.
It therefore recalls its conclusions, in particular those adopted on
18 December 1995, outlining the principles, the objectives and the
specific issues which it considers the new approach for such a water
should follow.
In this context the Council welcomes the Commission communication on
this subject, sent both to it and to the European Parliament, and takes
note of the guidelines for a Water Resources Framework Directive. The
Council considers this communication to constitute one useful basis to
develop a new Community water policy.
The Council urges the Commission to come forward as soon as possible,
and at the latest by the end of the year, with a proposal for a Water
Resources Framework Directive taking due account of the recommendations
it formulated in its successive conclusions adopted so far."
LEGHOLD TRAPS
The Council heard a report by the Commission on the progress of the contacts
made with Canada, the United States, the Russian Federation and any other
non-member countries concerned with a view to the opening of negotiations on
a framework agreement on humane trapping standards, for which the Council
had just adopted Directives (see the Recommendation adopted as an "A" item
by this Council meeting).
THE KEEPING OF WILD ANIMALS IN ZOOS
Pending the delivery of the European Parliament's Opinion, the Council
developed a position on the proposal for a Recommendation relating to the
keeping of wild animals in zoos.
By zoos the Recommendation means permanent establishments where live animals
of species not domesticated in the European Community are kept for
exhibition.
This Recommendation includes extremely detailed guidelines regarding, inter
alia, the care of animals, safety, species in danger of extinction and the
educational aspects, in order to enable zoo operators to achieve certain
objectives corresponding to the functions of such establishments.
Under the Recommendation the Member States should adopt measures governing
the grant of authorizations to operate and the inspection of zoos, with the
aim, inter alia, of guaranteeing that all zoological gardens
- maintain their animals under conditions providing for their physical and
psychological welfare;
- maintain a high standard of animal husbandry;
- ensure that there is sufficient and adequately trained staff responsible
for the care of the animals;
- provide access for designated inspectors to the premises, equipment,
animals and records of the zoo at all times;
- promote the conservation of wild fauna through research and the
education of the public and, where appropriate, captive breeding.
ESPOO CONVENTION
The Council reached agreement on the decision concerning the conclusion, on
behalf of the Community, of the Convention on environmental impact
assessment in a transboundary context (ESPOO Convention).
CONSERVATION OF CETACEANS OF THE MEDITERRANEAN AND BLACK SEAS
The Council adopted a decision on the participation of the European
Community in negotiations aimed at drawing up an agreement on the
conservation of cetaceans of the Mediterranean and Black Seas.
This agreement will complement the existing one regarding the conservation
of small cetaceans of the Baltic and North Seas.
STRUCTURED DIALOGUE ON THE ENVIRONMENT WITH MALTA AND CYPRUS
Within the framework of the "structured dialogue" that forms part of the
preparation for accession, two meetings were held, on the eve of the Council
meeting, with the Malta and Cyprus Ministers for the Environment.
Those meetings brought together Mr Ronchi for the Presidency and
Mr Zammit Dimech, the Malta Minister for the Environment, at the first
meeting, and Mr Petrides, the Cyprus Minister for the Environment, at the
second meeting. Mrs Bjerregaard, a member of the European Commission,
attended both meetings.
In its introduction the Presidency stressed the political aspects (the role
of the structured dialogue, the balance between the dialogue with the CCEE
and that with the Mediterranean countries, the follow-up to the
Euro-Mediterranean Conference). The Commission spoke on the legislative and
technical aspects and the actions already carried out (in the financial
field in particular) under EC-Cyprus and EC-Malta cooperation.
Cyprus and Malta both stressed the importance that both countries attached
to such meetings; both delegations made very detailed statements concerning
their legislative and practical achievements and their expectations with
respect to the Community.
OTHER DECISIONS
(Adopted without discussion. In the case of legislative acts, votes against
and abstentions are indicated. Decisions including statements to which the
Council has decided to grant the public access are indicated by asterisks;
the statements in question may be obtained from the Press Office.)
Environment
Framework agreement on humane trapping standards
The Council decided to authorize the Commission to negotiate on the European
Community's behalf with Canada, the United States, the Russian Federation
and any other non-member country concerned a framework agreement on humane
trapping standards.
The purpose of the framework agreement contemplated would be to define
humane trapping standards for traps intended for the killing or catching of
wild mammals, in particular the species specified in Regulation (EEC)
No 3254/91, in order to avoid a ban on imports after 31 December 1996.
Assessment of the effects of certain public and private projects on the
environment
Following the agreement of principle reached at its meeting on
18 December 1995 the Council adopted, by a qualified majority, the German
delegation voting against, a common position on the proposal for the
amendment of Directive 85/337/EEC on the assessment of the effects of
certain public and private projects on the environment.
That Directive is regarded as one of the main Community instruments of the
prevention of environmental damage at source.
The amendments contemplated are the fruit of the experience gained in
implementing the Directive and also take account of the undertakings given
in connection with the Convention on environmental impact assessment in a
transboundary context, which the Community and the Member States signed in
Espoo on 25 February 1991.
In practice the common position is intended to clarify and extend the scope
of the Directive as regards, in particular,
- the types of project for which impact assessment is mandatory and
- the types of project for which assessments are not automatically
mandatory but which are the subject of case-by-case decisions by the
Member State concerned (Annex II to the Directive), for which the
Directive lays down criteria to be taken into account for the purposes
of such decisions.
It is also intended to render more precise and enhance the information that
must be provided by the developer and to increase the cooperation between
the Member States concerned through projects with transboundary effects, on
the basis of the provisions of the Espoo Convention in particular.
The new provisions should enter into force on 31 December 1997.
Dangerous substances - Eighth amendment of Directive 67/548/EEC
The Council adopted the proposal for a Directive amending
Directive 67/548/EEC for the eighth time as the European Parliament had made
no amendments to the common position. The Directive deals with the
approximation of the laws, regulations and administrative provisions
relating to the classification, packaging and labelling of dangerous
substances.
The amendment in question is in the context of the consolidation in progress
of the aforementioned basic Directive. It simply replaces the "EEC" mark to
be found in certain places in the enacting terms of that Directive with "EC"
in order to adapt it to Article G of the Treaty on European Union. It also
grants a transitional period to economic operators to allow them to adapt
the labelling of dangerous substances bearing those marks.
Landfill of waste
The Council, aware of the fact that the European Parliament rejected its
common position at its sitting on 22 May 1996, noted that it did not have
the majority required for it to act in accordance with the relevant
provisions of the Treaty (the co-decision procedure).
It therefore invited the Commission to submit to it as soon as possible a
proposal containing suitable provisions for effectively meeting the
requirements of Directive 75/442/EEC on waste and to take account of the
work already carried out.
It should be recalled that the aim of the Directive on the landfill of waste
was to provide for measures, procedures and guidance to prevent or reduce as
far as possible negative effects on the environment, in particular the
pollution of surface water, groundwater, soil and air, as well as the
resulting risks to human health, from landfilling of waste.
Flavourings intended for use in foodstuffs*
The Council agreed to accept the European Parliament's amendments to its
common position of 23 November 1995. Accordingly it adopted, by a qualified
majority, the French delegation abstaining, a Regulation laying down a
Community procedure for flavourings intended for use in foodstuffs.
The main provisions of the Regulation are as follows:
Initially, the Member States will send the Commission national lists of
flavouring substances which, in accordance with the basic Directive
(88/388/EEC), may be used within their territories. The Commission will
then have a year to draw up a register of the substances of which it has
been notified, which will receive mutual recognition.
Within ten months of the adoption of the register a programme for the
evaluation of the substances listed in it will be adopted. The Commission,
which will be assisted by the Standing Committee on Foodstuffs, will then
have five years to draw up, on the basis of the scientific evaluations, a
"positive list" of the flavourings used at Community level. Substances
which present no risk to the health of the consumer and the use of which
does not mislead him may be authorized.
Until the adoption of the Community list, i.e. during the mutual-recognition
period, a Member State may have recourse to a safeguard clause if it
believes that a flavouring substance may constitute a danger to public
health.
Sweeteners for use in foodstuffs
Further to the agreement reached at its meeting on 28 May 1996 the Council
formally adopted, by a qualified majority, a common position on the proposal
for a Directive amending Directive 94/35/EC on sweeteners for use in
foodstuffs. The German and Swedish delegations voted against the common
position. The text will be sent to the European Parliament for a second
reading under the co-decision procedure.
This proposal for a Directive is intended to adapt the present rules on
sweeteners to technical progress.
Food additives
The Council adopted, by a qualified majority, the French delegation
abstaining, a common position on the proposal for a Directive amending
Directive 95/2/EC on food additives other than colours and sweeteners. The
Danish delegation provided an explanation of its vote (see Annex).
The purpose of the Directive is to authorize the use as a food additive of
"Processed Eucheuma seaweed" and allocate it the number E 407a.
ECSC assents
The Council gave its assent to the grant of a loan to TRANSGAS - Sociedade
Portuguesa de Gàs Natural S.A., Lisboa, for the joint financing of an
investment project which promotes the sale of Community steel.
Negotiation of guidelines applicable to export credits for agricultural
products
The Council authorized the Commission to negotiate, within the OECD,
guidelines applicable to export credits for agricultural and forestry
products.
The OECD Arrangement on guidelines for officially supported export credits,
concluded in 1978, does not, at this stage, cover agricultural products.
The purpose of the negotiations is therefore to obtain the inclusion in the
OECD Arrangement of guidelines on export credits for agricultural and forest
products.
Outcome of the WTO negotiations on financial services and on movement of
natural persons
The Council adopted a Decision on the conclusion on behalf of the European
Community, as regards matters within its competence, of the second and third
protocols to the General Agreement on Trade in Services (concerning
financial services and the movement of natural persons for the purpose of
supplying services).
These are two areas in which agreement was not reached on the conclusion of
the Uruguay Round, further negotiation on which was decided on in April 1995
on the signing of the Marrakesh Agreement.
It should be recalled that these protocols must be accepted in Geneva no
later than 30 June 1996.
ANNEX
Additives to foodstuffs
Explanation of the Danish delegation's vote
"Adopting the common position on the proposed amendment of European
Parliament and Council Directive 95/2/EC on food additives other than
colours and sweeteners, Denmark recognizes the qualified majority in Council
in support of including food additive E 407 (Processed Eucheuma seaweed) in
Annex I to the abovementioned Directive.
Denmark, in accordance with the amendments proposed by the European
Parliament, prefers a number other than E 407a in order to distinguish
Processed Eucheuma seaweed from the already permitted E 407 (Carrageenan) to
a greater extent than obtained by the number E 407a."
***
