PRESS RELEASE

Subject :

The Governments of the Member States and the European Commission were represented as follows:

The Council reached agreement on the text of a Recommendation providing for minimum criteria for environmental inspections in Member States with a view to adopting a common position at one of the forthcoming meetings. The aim of the Recommendation is to strengthen the compliance with and to contribute to a more consistent implementation and enforcement of Community environmental law in the Member States.

The draft Recommendation establishes minimum criteria to be applied in the organising, carrying out, following up and publicising of the results of environmental inspections. It provides for environmental inspections of all industrial installations and other enterprises, whose emissions and discharges on the environment are subject to authorisation, permit or licence requirements under European Community law.

According to the text of the Recommendation environmental inspections include site visits, verification of self monitoring by the operators of the controlled installations, checking the premises, the equipment and the adequacy of the environmental management at the site as well as the records kept by the operators. Two types of inspections are foreseen in particular:

Member States are requested to draw up in advance plans for environmental inspection activities, covering all their territory and the installations within it. These plans shall be available to the public in accordance with the Directive on the freedom of access to information on the environment (Directive 90/313/EEC). According to the draft Recommendation each plan should as a minimum:

Site visits have to be followed by the drawing up of a report, containing the findings as well as possible conclusions. A review of the Recommendation is provided for after receipt of the Member States' reports on their experience with the operation of the Recommendation three years after its entry into force.

It is recalled that the Recommendation follows on a Resolution on the drafting, implementation and enforcement of Community law adopted by the Council on 19 June 1997. In that Resolution the Council had asked the Commission to propose "minimum criteria and/or guidelines for inspection tasks carried out at Member State level and the possible ways in which their application in practice could be monitored by Member States in order to ensure an even practical application and enforcement of environmental legislation".

After lengthy discussions, the Council was not able to reach political agreement on a common position concerning a proposed amendment to Directive 88/609/EEC on the limitation of emissions of certain pollutants into the air from large combustion plants.

The discussion focused on the question whether or not to include in the scope of the Directive existing plants and which would be the best way to achieve reduction of emissions from these plants.

On the basis of an overall Presidency compromise proposal, the Council reached unanimous political agreement on its common position on a Directive providing for the assessment of the effects of certain plans and programmes on the environment.

According to this compromise, an environmental assessment shall be carried out for all plans and programmes as well as their modifications which are likely to have significant environmental effects. An obligatory assessment shall be carried out for all plans and programmes,

For other plans and programmes which set the framework for development consent of projects, Member States shall carry out an environmental assessment if they determine, on the basis of a set of given criteria, that they are likely to have significant environmental effects.

Plans and programmes which determine the use of small areas at local level and minor modifications to plans and programmes shall require an environmental assessment only where the Member States determine that they are likely to have significant environmental effects.

In order to avoid duplication of assessment, Member States may provide for co-ordinated or joint procedures for plans and programmes for which the obligation to carry out assessments of the effects on the environment arises simultaneously from this directive and other Community legislation.

The results of the environmental assessment are included in an environmental report in which the likely significant effects on the environment of implementing the plan or programme, and reasonable alternatives shall be identified, described and evaluated. The draft plan or programme and the environmental report shall be made available to relevant authorities and to the public which shall be given an early and effective opportunity to express their opinion. The environmental report, the opinions expressed shall be taken into account during the preparation and prior to adoption of the plan or programme. When a plan or programme is adopted, these authorities and the public are again informed.

The Commission shall send a first report on the application and effectiveness of the Directive to the European Parliament and to the Council five years after its entry into force. The report will be accompanied with proposals for amendment of this Directive, if appropriate. In particular, the Commission will consider the possibility of extending the scope of this directive to cover other areas/sectors and other types of plans and programmes. The Commission shall report on the relationship between this Directive and Regulations 1260/99 and 1257/99 well ahead of the expiry of the programming periods provided for in those Regulations.

The Commission's original proposal of 1997 covered town and country planning plans and programmes and their modifications which set the framework for subsequent development consents, excluding minor modifications and plans and programmes prepared for small areas. The amended version of April 1999 maintained the linkage to development consents but expanded the scope to cover other areas, of which examples were given.

At the end of the discussions, the Commission declared that it could not support the common position as in its view the scope of the draft Directive had been too much narrowed compared to the original Commission proposal.

Once formally adopted at one of the Council's forthcoming meetings, the common position will be transmitted to the European Parliament for a second reading in accordance with the co-decision procedure.

The Council reached political agreement on its common position on the proposal for a Directive on limit values for benzene and carbon monoxide in ambient air, in view of its formal adoption, after finalisation of the text, at one of its subsequent meetings. The aim is to provide a high level of protection for public health and to improve the quality of life for EU citizens, especially in big cities.

The draft Directive forms part of an integrated package of measures designed to combat problems of air pollution in the context of the "Air Quality Framework Directive" adopted in 1996( 1). Its objectives are to:

It is recalled that carbon monoxide is one of the most common toxic air pollutants. Carbon monoxide affects human health by reducing the oxygen carrying capacity of the blood and therefore the supply of oxygen available to the body. Indoors, it is the cause of deaths from faulty heaters. Outdoor levels are much lower but it can increase the risk of heart attacks. Benzene is a known human genotoxic carcinogen, which increases the risk of leukaemia.

The principal emission source for both pollutants is road traffic; for benzene other important sources are fuel distribution, petroleum refineries and the chemical industry, for CO all combustion processes.

As already indicated above, this Framework Directive lists atmospheric pollutants to be taken into consideration in the assessment and management of ambient air quality and requires the Commission to bring forward "daughter" proposals. A first daughter Directive, adopted on 22 April 1999, fixes limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead. The draft Directive on benzene and carbon monoxide is the next in line. Another proposal, regarding ozone together with a strategy for reducing emissions of precursors of ozone by setting provisional national emission ceilings, is examined in parallel by the Council. Further proposals are to be presented for poly-aromatic hydrocarbons, cadmium, arsenic, nickel and mercury.

With a view to furthering the preparation of the last round of negotiations on the Biosafety Protocol in January 2000 in Montreal, the Council adopted the following conclusions:

"The Council

The Council heard a presentation by Commissioner WALLSTRÖM on

As far as the 6^th Environmental Action Programme is concerned, Commissioner WALLSTRÖM underlined the need to create a short, strategic and political project, drafted in a clear and readable way, which would be submitted before autumn 2000.

Delegations welcomed the information provided by the Commission, stressed the key role to be played by indicators in future work and agreed to continue the debate on these issues during the Portuguese Presidency.

The Council took note of a Presidency report on the state of play regarding two closely interrelated Commission proposals for Directives:

The two proposals are part of the Community strategy to combat acidification and were submitted by the Commission on 14 July 1999. The Presidency report illustrates the work completed so far, sets out the main themes of debate and hints at possible paths to be explored under future Presidencies.

The Council stressed the importance it attaches to the two proposals and agreed to continue the debate under the incoming Portuguese Presidency.

It is recalled that the first proposal aims at addressing the problems of acidification, soil eutrophication and ground-level ozone, by limiting emissions of acidifying and eutrophying pollutants and ozone precursors (sulphur dioxide, nitrogen oxides, volatile organic compounds and ammonia), in order to improve the protection of the environment and human health, towards the long-term objective of no exceedance of critical levels and loads. The proposal sets national emission ceilings (NECs), not to be exceeded after 2010. Member States would achieve the NECs through the means they would deem most appropriate with regard to their national characteristics.

The accompanying - closely inter-related - proposal relating to ozone in ambient air is the third proposal for a daughter Directive under the "Air quality framework Directive" (no. 96/62/EC). It introduces target values for ozone concentrations for the protection of human health and the environment to be attained as far as possible by 2010, and long-term objectives for ground-level ozone, as well as alert and information thresholds. Both the target values and the long-term objectives are based on the WHO air quality guidelines.

The two proposals are strictly connected, since in particular the NECs Directive addresses ozone precursors. An interrelationship also exists with the proposal on large combustion plants, being a separate item on the Council's agenda.

The Council took note of a presentation by Commissioner WALLSTRÖM on the Work Programme of its institution in the field of the environment which is currently in the process of being finalised.

The Commissioner highlighted that enlargement will be the greatest challenge in order to help candidate countries in the environment field to prepare for accession. Another priority is the quality of life of citizens : promoting a healthy and safe environment, in particular by reviewing policies on chemicals, introducing stricter criteria for authorisation of GMO's, improving air quality, reducing waste and improving radiation protection, clearer rules on risk assessment and risk management.

An important initiative will be a white paper on environmental liability with a view to better implementation of principles such as prevention, precaution and the "polluter pays". The 6th Environment Action Programme will be a component of a broader Community strategy on sustainable development. Preparatory work for the entering into force of the Kyoto Protocol on Climate Change will be another main objective.

On the international front, the Commissioner's intention is in particular to retain and enhance the Union's status as a major player and to achieve agreement early next year in Montreal on a Biosafety Protocol.

The Council took note of an oral information given by Commissioner WALLSTRÖM on the state of work with respect to the review of the EU approach concerning the protection from dangers of chemicals in order to restore citizens confidence in chemicals inter alia by deciding for which chemicals additional information is needed.

Work of the Commission services is currently focusing on the following issues:

- existing chemicals

- problematic chemicals such as persistent, bio-accumulative and toxic (PBT) substances

- preparations and products

- resources and structures needed to build a more successful system

The following aspects and principles need to be addressed in particular: redefinition of the responsibility of the industry and the public regulator, the burden of proof, risk assessment, the precautionary principle, endocrine disrupters etc.

The Commission's work is aiming at laying down the basis for an efficient, integrated and coherent EU system taking into account the interest of the environment and public health but also taking on board the industry.

The Commission intends to present its communication on this complex matter by summer 2000.

The new proposal complements the recently adopted Community initiative URBAN.

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"We took note of the report by the UNEP/UNCHS (Habitat) Balkans Task Force. With reference to the Council conclusions of 24 June 1999, it emphasised the importance of the clean-up and re-mediation of the identified environmental hotspots caused by the conflict, now posing direct risk for human health and, in particular, the danger of severe regional impacts on the environment through the Danube.

We further noted the approach of the Secretary General of the United Nations to act immediately on the environmental aspects as part of the humanitarian assistance to the region."

The Council adopted a Council Regulation (EC) amending Council Regulation (EEC) No 1911/91 on the application of the provisions of Community law to the Canary Islands.

This Regulation suspends until 30 June 2000 the phasing-out of the tax APIM ("arbitrio sobre la producción y sobre las importaciones") introduced in 1991 in the Canary Islands and to be applied until 31 December 2000. This suspension of the steps foreseen towards the phasing-out, aims at allowing, in the case of certain sensitive products, to facilitate their adjustment to market conditions before the tax disappears.

The Council adopted the Regulation amending Council Regulation (EC) No 772/1999 imposing definitive anti-dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway.

The modifications of the Regulation concern, on the one hand, the removal of the company "Vie de France" from the Annex concerning the exemptions from the anti-dumping and countervailing duties and, on the other hand, the extension of this Annex to "Normarine AS" and "Oskar Einar Rydbeck" as the Commission has accepted undertakings concerning the respect of minimum prices given by these to new exporters.

The Council agreed on behalf of the EU to a draft decision of the EEA Joint Committee amending Annex VII to the EEA Agreement (mutual recognition of professional qualification).

This adaptation of Annex VII is laying down a procedure for the amendment of Directive 93/16/EEC to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications.

The Council invited the Commission to take the necessary steps to enable the European Community to join the International Study Group on Lead and Zinc as a full member.

The Council reached political agreement on an amendment to the Directive 93/42/EEC concerning medical devices, to include within the scope of the directive medical devices incorporating stable derivatives of human blood or human plasma. A common position will be formally adopted at a later stage.

The Council adopted the Decision establishing the Community Action Programme on preventive measures to fight violence against children, young persons and women (DAPHNE), following its approval of all the amendments voted by the European Parliament in its second reading on 17 November 1999.

For the contents of this programme, see Press Release No 8655/99 (Presse 169) of 27 May 1999.

The Council adopted the decision on the full application of the Schengen acquis in Greece.

The Regulation provides for controls on persons at internal borders between Greece and the Member States which fully apply the Schengen acquis to be lifted in the period from 1 January 2000 to 26 March 2000. This Decision shall apply from 1 January 2000 to internal maritime traffic in ports.

As regards border controls for internal flights from and to Greece, the dates for their abolition shall be agreed between Greece and any other Member State concerned as from 1 January 2000 in those airports where this is technically possible. Controls shall in any case be abolished by 26 March 2000 at the latest. The Member States concerned shall inform the Council and the Commission before 1 April 2000 of the measures they have taken to implement this Decision.

In the run up to this decision visits have been made to check whether the requirements relating to manpower levels and material resources, the training of border control and surveillance services and co-ordination between the departments concerned have been satisfied and it has been found that the conditions for lifting controls on persons at the internal borders with Greece as from 1 January 2000 have been met.

In 2000 the Schengen Evaluation Working Party shall examine the full application of the Schengen acquis to Greece and shall study the measures that prove necessary.

The Council adopted an 8th set of modifications (B) to the financial Regulation of 21 December 1977 applicable to the general budget of the European Communities.

The amendments take into account

The consequence of these changes are that within the general budget of the EU specific sections shall be created for the ECOSOC, the CoR and the Ombudsman and that the provisions of the Financial Regulation concerning them are adjusted to accommodate their new status.

The Council also approved the minutes of the Conciliation Committee closing the conciliation procedure on the above amendments of the Financial Regulation taking note in particular of

The Council took note of a report on equality and equal opportunities between women and men in the European institutions, drafted at the initiative of the Presidency.

The Council

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Footnotes:

( 1) Directive 96/62/EC on Ambient Air Quality Assessment and Management