23.X.2006
COUNCIL OFTHE EUROPEAN UNION / EN
C/06/287
13989/06 (Presse 287)
PRESS RELEASE
2757th Council Meeting
Environment
Luxembourg, 23 October 2006
PresidentMr Jan-Erik ENESTAM
Minister for the Environment,
of Finland
13989/06 (Presse 287)1
EN
23.X.2006
Main Results of the CouncilThe Council adopted:
–a Decision implementing CommonPosition 2006/276/CFSP concerning restrictive measures against certain officials of Belarus;
–a Regulation on medicinal products for paediatric use;
–a Directive laying down technical requirements for inland waterway vessels;
–a Regulation on the harmonisation of technical requirements and administrative procedures in the field of civil aviation.
It approved a cooperation agreement between Eurojust and the United States of America.
Furthermore, the Council reached political agreement on a draft Directive on ambient air quality and cleaner air for Europe.
13989/06 (Presse 287)1
EN
23.X.2006
CONTENTS1
PARTICIPANTS5
ITEMS DEBATED
AIR QUALITY7
PREPARATIONS FOR BASEL COP8 - Presidency conclusions8
CLIMATE CHANGE - Council conclusions13
MARINE ENVIRONMENT17
SUSTAINABLE USE OF NATURAL RESOURCES - Council conclusions18
OTHER BUSINESS20
OTHER ITEMS APPROVED
EXTERNAL RELATIONS
Relations with Albania23
8th Euro-Mediterranean Conference23
COMMON FOREIGN AND SECURITY POLICY
Belarus - Restrictive measures23
JUSTICE AND HOME AFFAIRS
Eurojust - cooperation agreement with the United States24
SISNET accounts 200524
ECONOMIC AND FINANCIAL AFFAIRS
Taxation of savings - Council conclusions24
ENLARGEMENT
Accession of Bulgaria and Romania - Agreements with third countries25
TRADE POLICY
Anti-dumping measures25
Ukraine - Agreement on trade in textile products25
Uruguay - Agreement on trade concessions – EU enlargement25
HEALTH
Paediatric medicines26
TRANSPORT
Technical requirements for inland waterway vessels *26
Civil aviation - Harmonisation of technical requirements and administrative procedures *26
Trans-European Network for Transport (TEN-T) - Special Report No. 6/2005 - Council conclusions 27
ENERGY
Electricity agreement with Switzerland29
TRANSPARENCY
Public access to documents30
13989/06 (Presse 287)1
EN
23.X.2006
PARTICIPANTS
The Governments of the Member States and the European Commission were represented as follows:
Belgium:
Mr Kris PEETERSFlemish Minister for Public Works, Energy, the Environment and Nature
Czech Republic:
Mr Petr Jan KALAŠMinister for the Environment
Denmark:
Ms Connie HEDEGAARDMinister for the Environment and for Nordic Cooperation
Germany:
Mr Sigmar GABRIELFederal Minister for the Environment, Nature Conservation and Reactor Safety
Estonia:
Mr Rein RANDVERMinister for the Environment
Greece:
Mr Stavros KALOGIANNISState Secretary for the Environment, Regional Planning and Public Works
Spain:
Ms Cristina NARBONA RUIZMinister for the Environment
France:
Ms Nelly OLINMinister for Ecology and Sustainable Development
Ireland:
Mr Dick ROCHEMinister for the Environment, Heritage and Local Government
Italy:
Mr Alfonso PECORARO SCANIOMinister for the Environment and Protection of Natural Resources
Cyprus:
Mr Fotis FOTIOUMinister for Agriculture, Natural Resources and Environment
Latvia:
Mr Raimonds VĒJONISMinister for the Environment
Lithuania:
Mr Arūnas KUNDROTASActing Minister for the Environment
Luxembourg:
Mr Lucien LUXMinister for the Environment, Minister for Transport
Hungary:
Mr Kálmán KOVÁCSState Secretary, Ministry of Environmental Protection and Water Management
Malta:
Mr George PULLICINOMinister for Rural Affairs and the Environment
Netherlands:
Mr Pieter van GEELState Secretary for Housing, Spatial Planning and the Environment
Austria:
Mr Josef PRÖLLFederal Minister for Agriculture, Forestry, the Environment and Water Management
Poland:
Mr Jan SZYSZKOMinister for the Environment
Portugal:
Mr Francisco NUNES CORREIAMinister for the Environment, Regional Planning and Regional Development
Slovenia:
Mr Marko STARMANState Secretary, Ministry for the Environment and Town and Country Planning
Slovakia:
Mr Jaroslav IZÁKMinister for the Environment
Finland:
Mr Jan-Erik ENESTAMMinister for the Environment
Ms Sirkka HAUTOJÄRVIPermanent Secretary, Ministry for the Environment
Sweden:
Ms Andreas CARLGRENMinister for the Environment
United Kingdom:
Mr David MILIBANDSecretary of State for the Environment, Food and Rural Affairs
Mr Ben BRADSHAWParliamentary Under-Secretary of State for Local Environment, Marine and Animal Welfare
Ms Rhona BRANKINDeputy Minister for Environment and Rural Development (Scottish Executive)
Commission:
Mr Stavros DIMASMember
The Governments of the Acceding States were represented as follows:
Bulgaria:
Mr Atanas KOSTADINOVDeputy Minister for the Environment and Water
Romania:
Ms Sulfina BARBUMinister for the Environment
13989/06 (Presse 287)1
EN
23.X.2006
ITEMS DEBATED
AIR QUALITY
The Council reached political agreement on a draft Directive on ambient air quality and cleaner air for Europe.
After finalisation in the Community languages, the text will be adopted as a common position at a forthcoming session of the Council and sent to the European Parliament with a view to the second reading.
It is recalled that, despite significant improvements in Europe's air quality driven by legislation and other factors, air pollution continues to have serious human health and environmental effects. In September 2005, the Commission presented a thematic strategy on air pollution (12735/05 + ADD1 + ADD 2) and a proposal for a new Directive on air quality in the European Union (14335/05).
The draft Directive aims to revise the current ambient air quality legislation, comprising two main elements:
- the merging of five legal instruments into a single Directive (the Framework Directive[1], the first[2], second[3] and third[4] daughter Directives and the exchange of information Decision[5]; the fourth daughter Directive[6] being merged later through a simplified “codification” process).
- the introduction of air quality standards for fine particulate matter (PM2.5) in the air, because of the major health benefits to be obtained[7].
At the same time, more flexibility will be given to the Member States. Where they can demonstrate that they have taken all reasonable measures to implement the legislation but still need more time to comply with air quality standards in certain places, it is proposed to allow them to request a time-limited extension to the compliance deadline in the affected zones under certain conditions.
Today's agreement confirmed essentially the general approach[8], reached on 27 June 2006, that already included the following key elements:
(a) a non-binding target value for PM2,5 in 2010 to be replaced by a binding limit value in 2015 (25µg/m3 for both target value and limit value);
(b)the possibility to postponeattainment of the limit value for PM10 until three years after entry into force of this Directive;
(c) the possibility to postpone the deadlines for nitrogen dioxide (NO2) and benzene by a maximum of five years (until 1 January 2015);
(d) the principle that limit values should apply everywhere, but in certain locations compliance with limit values should not be assessed.
Legal basis proposed: Article 175 of the Treaty – qualified majority required for a Council Decision, co-decision procedure with the European Parliament applicable. The European Parliament delivered its first reading opinion on 26 September 2006.
PREPARATIONS FOR BASEL COP8 - Presidency conclusions
The Presidencyadopted the following conclusions[9]:
"THE PRESIDENCY:
1.RECOGNISES the importance of the effective implementation, including enforcement, of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal and REAFFIRMS its firm commitment to such implementation.
2.EXPRESSES DEEP CONCERN at the recent incident in Ivory Coast, which again alerted the world to the grave implications of illegal shipments of waste for developing countries and REITERATES the willingness of the EU to continue to provide its assistance, together with the United Nations, to protect human health and the environment at the places affected.
3.RECALLS that the polluter pays principle is a guiding principle at European and international level.
4.AFFIRMS the importance for the generator and the holder of the waste to manage the waste in a way that guarantees a high level of protection of the environment and human health.
5.NOTES that the 1995 amendment to the Basel Convention which bans hazardous wastes exports for final disposal and recovery from Basel Convention Parties which are EU, OECD members and Liechtenstein to any other Parties to the Basel Convention ("the Ban Amendment") is in force for all Member States, because it has been fully implemented by the Waste Shipment Regulation.
6.ENCOURAGES States which have not already done so to ratify the Ban Amendment in order to facilitate its early entry into force.
7.EXPRESSES CONCERN at the fact that, while the EU is implementing strict requirements for disposal, recovery and recycling of waste, the control of waste exports has not kept pace with these developments.
8.REITERATES the importance of the EU Waste Shipment Regulation, which explicitly bans such exports; NOTES with concern that its provisions are not sufficiently complied with and enforced and that a significant risk of serious incidents persists, as recent inspection campaigns have shown; RECOGNISES that, while the recent revision of the Regulation enables better enforcement and co-operation both at national and EU level, there remains an urgent need to increase compliance and to improve inspections in all Member States and in particular at EU ports to properly implement the export ban on hazardous waste; and STRESSES the urgent need to significantly reduce illegal waste shipments.
9.CONSIDERS that, where necessary, current efforts to improve implementation, including awareness-raising and training, may have to be strengthened with a view to ensuring, inter alia, that the necessary measures are taken, especially in sea ports, to establish an adequate enforcement capacity to monitor and control waste shipments.
10.ENCOURAGES Member States to strengthen their cooperation within the IMPEL-TFS (Implementation and Enforcement of Environmental Law - Transfrontier Shipment) network in order to achieve better enforcement of the EU Waste Shipment Regulation with regard to illegal shipment of waste.
11.In view of the upcoming 8th Conference of the Parties in Nairobi (COP 8), RECOMMENDS that the European Community and the Member States should aim at reaching the following objectives with regard to matters on the COP-8 agenda and related issues:
The Ban Amendment (Decision III/1) and Illegal Shipment of Waste
(a)CONFIRMS that effective implementation of the provisions of the Basel Convention and its 1995 Amendment is a priority for the EU. While the 1995 Amendment is part of the EC legislation, and therefore binding law within the European Union, the EU regrets that the Amendment has, however, not yet come into force at international level. In this context, the EU will pursue its efforts for an early entry into force of the Amendment;
(b)STRESSES that there is a need for waste and maritime instruments to be closely examined with a view to improving cooperation between the Basel Convention and the IMO with a view to achieving greater coherence and better developing coordination at legal and operational level to prevent illegal shipments of waste and operations involving wastes that harm human health and the environment; INVITES the Commission to assess and review the adequacy of existing measures with a view to preventing illegal shipments from the EU.
(c)ALSO STRESSES that the exchange of information between port operators and between the Member States' maritime and environmental administrations needs to be improved further in order to prevent illegal shipments of waste, especially to developing countries;
Ship dismantling
(d)STRESSES that environmentally sound management of ship dismantling is a priority for the European Union. Several recent events and forecasts of tonnages to be dismantled in the near future call for urgent and appropriate action from the EU and the international community;
(e)WELCOMES the Commission's intention to work towards an EU-wide strategy on ship dismantling. This strategy shall strengthen the enforcement of existing Community law, recognising the specificity of the maritime world and the final objective of reaching a globally sustainable solution; in this context, the Commission is invited to assess the need for building up sufficient ship dismantling capacity in the EU; CONSIDERS that the EU should respond positively to requests for technical assistance from developing countries;
(f)WELCOMES the steps taken within the International Maritime Organisation (IMO) towards developing an international legally binding instrument for the safe and environmentally sound recycling of ships; ENCOURAGES Member States to actively support the development of an effective IMO Convention for the Safe and Environmentally Sound Recycling of Ships and UNDERLINES the importance of national coordination to that end;
(g)REITERATES that
(i)the Seventh Conference of the Parties to the Basel Convention recalled in DecisionVII/26 that a ship may become waste as defined in Article 2 of the Basel Convention and at the same time may be defined as a ship under other international rules;
(ii)the Council conclusions of 24 June 2005 regarded it as essential for IMO to establish mandatory requirements for a ship reporting system, that ensure an equivalent level of control as established under the Basel Convention, taking into account the principle of prior informed consent and including inter alia a contract, a ship recycling plan, a green passport and a single list of the on-board hazardous materials; furthermore, CONSIDERS that a procedure of preparation of the ship before its transport for dismantling could also be taken into account;
(h)STRESSES thatappropriate standards for environmentally sound management at ship recycling facilities should be applied, at the earliest possible opportunity, together with an effectively enforced reporting system; adequate information should be provided to enable timely intervention by the competent regulatory authorities, so that necessary enforcement action may be taken; in this context, the Basel Convention Guidelines on ship dismantling should also be taken into account;
(i)EMPHASISES that ships that are waste will continue to fall under the EU Waste Shipment Regulation as well as the Basel Convention, as long as there is no internationally binding and effective legal instrument which, while addressing any special characteristics of ships, guarantees an equivalent level of control and enforceability as established under the Basel Convention;
(j)BELIEVES that the future IMO Convention for the Safe and Environmentally Sound Recycling of Ships should also generate real change in the conditions under which "end-of-life" ships are dismantled, so as to protect workers and the environment from the adverse impacts of hazardous waste and dangerous working practices;
(k)UNDERLINES theimportance of continued inter-agency cooperation between the International Labour Organisation (ILO), IMO and the Basel Convention in considering matters related to ship dismantling, as appropriate;
Technical guidelines on persistent organic pollutants waste and globally-harmonised forms for the notification and movement of waste
(l)LOOKS FORWARD to a positive outcome on the work being undertaken by the Basel Convention on Technical Guidelines for an environmentally sound management of persistent organic pollutants (POPs) waste as well as on the globallyharmonised waste notification and movement documents and the relating instructions;
Co-operation and synergies
(m)AFFIRMS the importance of achieving greater cooperation and synergies amongst relevant international organisations, processes and initiatives dealing with chemicals and waste management, including the recently adopted global Strategic Approach to International Chemicals Management (SAICM);
(n)in particular, CONSIDERS that close co-operation and enhanced synergies between the Basel Convention on the Transboundary Movement of Hazardous Wastes and Their Disposal and the Stockholm (POPs) and Rotterdam (PIC) Conventions are important and would allow for a more effective implementation of all three instruments; in this regard, RECALLS the importance of a process that is transparent and inclusive and recognises the autonomy of the Conferences of the Parties to the Basel, Rotterdam and Stockholm Conventions;
(o)AGREES that the EU will strive for a Basel COP 8 decision to participate in the Adhoc Joint Working Group on Synergies between the three above-mentioned Conventions and will play a constructive and active part in that Group;
Resource use and mobilisation
(p)Aware that the resources available to the Basel Secretariat are under strain, BELIEVES that it is important that an agreement be reached at COP 8 on an operational budget for the Convention that will allow the Secretariat to operate efficiently and effectively to meet its priorities within its mandate and that is affordable for all Parties including developing countries;
(q)UNDERSTANDS that developing countries need outside assistance to help their own efforts to implement the Basel Convention and ensure environmentally sound management of waste; CONSIDERS that development assistance could be used to support sound waste management in developing countries. To that end, URGES that waste management should be considered as part of poverty reduction strategies and national sustainable development strategies;
(r)NOTES that long-term financing for the implementation of the Basel Strategic Plan and of the Basel Convention Regional Centres cannot rely on the Convention Technical Cooperation Trust Fund alone but should also involve major donor organisations.".
CLIMATE CHANGE- Council conclusions
The Council adopted the following conclusions:
"The Council of the European Union,
1.IS CONCERNED at the increasing scientific evidence of climate change and its adverse environmental, social, economic and security impacts; RECOGNISES with great concern the scale and urgency of the climate change challenge; LOOKS FORWARD to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change to be released in 2007 containing the most up-to-date understanding of the science of climate change and STRESSES the importance of a common analysis and understanding of future climate change as a basis for developing the international climate regime beyond 2012; REITERATES the urgency of taking action to meet the ultimate objective of the United Nations Framework Convention on Climate Change ("the Convention") of stabilising greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system; REAFFIRMS that, with a view to meeting this objective, overall global mean surface temperature increase should not exceed 2°C above pre-industrial levels;
2.EMPHASISES that a global shift to low greenhouse gas emitting economies and the integration of climate protection goals in all sectors in all countries, in particular in the energy system, is required urgently in order to achieve the ultimate objective of the Convention and that this must be an integral part of and will actively contribute to the general endeavour to achieve sustainable development in its economic, social and environmental dimensions; IS MINDFUL OF the results of recent studies providing new information on the relative costs of action and inaction and also of the many opportunities provided by climate-friendly investments;