Brussels, 08/03/2012 (Agence Europe) - It would be no exaggeration to say that the Environment Council held in Brussels on Friday 9 March will give the Danish presidency more than enough to do if it is to make progress on two particularly sensitive issues - the fight against climate change and the possibility of growing GMO crops on an “à la carte” basis within the EU. On the first matter, Poland, which depends on fossil fuels for 95% of its electricity generation, could prevent adoption of unanimous conclusions on the roadmap towards a low-carbon economy by 2050, as it had done at the Environment Council in June 2011, given that it remains fiercely opposed to any mention of intermediary stages or milestones after 2020 and that it will not hesitate to be the spoilsport even if the other 26 persist in wanting to fix those intermediary stages and in inviting the Commission to make legislative proposals.
A similar risk, albeit less, also weighs upon adoption of conclusions concerning the follow-up of the climate conference in Durban (COP 17, last December) for which clearance from Warsaw also depends on the ability of the other member states not to cross certain red lines defined by Poland. For example, Poland finds it impossible to accept having to renounce the transfer of its hot air surpluses (the famous AAU - assigned amount units) to the second period of Kyoto Protocol commitment. On Thursday afternoon, Marcin Korolec, Poland's Environment Minister, was still to meet Connie Hedegaard, Commissioner for Climate Action, and Martin Lindegaard, Denmark's Minister for Climate, Energy and Construction, in order to once more set out the specific points of the Polish position and the risk that there would be for the EU if it were to take too many commitments unilaterally. A letter along these lines was sent by Korolec on 6 March to all members of the Environment Council. The Danish Presidency has not, however, given up all hope. “We are determined to negotiate as long as it takes to resuscitate the conclusions”, a diplomat said on Thursday, confident that a compromise was possible.
On the subject of GMOs, despite the considerable effort deployed by the presidency to find a compromise acceptable to all, a strong blocking minority is still jeopardising the possibility of the long-hoped-for political agreement. The session could, therefore, drag on indefinitely on these particularly difficult dossiers. The programme of work to be presided successively by Martin Lindegaard and Ida Auken, Danish Environment Minister will unfold as follows. No fewer than three commissioners will represent the Commission: Janez Potocnik, Environment Commissioner, Connie Hedegaard and John Dalli, Commissioner for Health and Consumer Protection.
Roadmap towards low carbon economy by 2050. The Council will seek to adopt conclusions that are almost identical to the June conclusions. The text on the table upholds the profitable, safe and viable trajectory defined by the Commission in order to reach an 80% reduction in CO2 emissions by 2050 with intermediary stages (40% by 2030 and 60% by 2040), and mentions key elements for achieving that aim: - an effective carbon market, coherence of efforts between sectors covered by ETS and those that are not, the role of the decision on burden sharing and sectoral policies (energy, transport, industry, construction). It underlines the need to urgently send clear and credible signals to businesses, investors, and public decision makers at every level. In the hope of obtaining Polish endorsement, the text was slightly modified on two points: - it no longer states that a 25% reduction of emissions is possible and profitable by 2020 and no longer refers to the possibility of Commission recourse to Article 24a of the ETS directive for transferring surplus rights from sectors covered by ETS to non-ETS sectors. However, Poland (supported by the Czech Republic and Romania) refuses all milestones along the way and the invitation made at the European Commission to submit political proposals in order to prepare for these intermediary stages. Warsaw considers that, as the economic and financial crisis continues to rage, it is truly not the moment to change the binding climate objectives of the EU for 2020 and to fix the EU's position before talks have begun at the UN on the comprehensive agreement that is to take over from the Kyoto Protocol - talks that should end in 2015 so that the agreement takes effect at the end of 2017 or end 2020.
Follow-up to Durban conference. The Council is expected to adopt conclusions on the results of the COP 17 by placing emphasis on two sensitive issues: 1) Limitation of the use of AAU (UQA) making the possibility of carry-over (from the first commitment period to the second) subject to very strict conditions in order not to undermine the environmental integrity of the Kyoto Protocol. For Poland, and for the countries of eastern Europe that have AAU, the possibility of transfer is an acquired right and there is therefore no reason to renounce using it. Poland, however, states it is ready to discuss matters. It is likely that discussion will cover how appropriate or inappropriate it is, at this preliminary stage, to mention what member states with AAU should do, or whether it is more advisable to keep to the overall 12% limit agreed in Durban. 2) The date of the end of the second commitment period under the Kyoto Protocol (which begins 1 January 2013 and ends 31 December 2017 or 31 December 2020) and which must be fixed in May (14-25 May) at the UN during a special working group session on the new commitments of the Annex 1 countries. On this point, Poland has reservations regarding the draft conclusions which call on the European Commission to present a declaration on 1 May to the parties of the Kyoto Protocol, containing a target for the EU, although the work on sharing out the burden between member states has not yet even begun.
GMO crops. The Danish presidency will seek to reach a political agreement on the July 2010 proposal for a regulation (amendment to Directive 2001/18/EC) aimed at allowing member states the possibility to limit or ban GMO crops on their territory, although these are authorised at EU level.
For the fifth time running, the presidency will adjust its compromise proposal aimed at introducing a stage into European authorisation procedure: - after or before scientific assessment of the safety of GMO by the EFSA (European Food Safety Authority), each member state would have the possibility to seal an agreement with the “notifying” company (i.e. the company having called for approval to grow a given GMO crop), whereby certain regions would be excluded from marketing the GMO in question. In the case of agreement, the GMO authorisation decision at EU level could exclude the country that has signed an agreement with the “notifying” company. Twenty member states are able to accept the compromise but five member states (France, United Kingdom, Germany, Spain, Belgium) still make up a blocking minority (see EUROPE 10556).
Rio+20 conference on sustainable development. Following the European Council that has now defined the key lines for an ambitious EU position at the UN conference Rio+20 on 20-22 June this year (see EUROPE 10566), the Council is expected to set out the EU's negotiating brief in detail, in unanimous conclusions.
LIFE Programme for Environment and Climate Action. The Council will hold a policy debate on the draft regulation concerning the establishment of the LIFE Programme, enriched with a chapter on Climate Action in the new financial perspectives 2014-2020 (see EUROPE 10514). On the basis of a questionnaire from the presidency, ministers will be invited to give their views on the criteria for breaking down the Life fund between member states, and on co-funding rates.
ETS aviation. Informally, the Council will be briefed by the Commission on the latest developments in the spat involving third countries against the inclusion of aviation in the EU's system for the exchange of emissions quotas. (AN/transl.jl)