Brussels, 21/06/2002 (Agence Europe) - Given the lack of a European Parliament opinion on the only two mature issues for adoption of a common position - review of the legislation on packaging waste and strengthening of the Seveso II Directive on major industrial risks -, the Environment Council of 25 June in Luxembourg will simply hold policy discussions on these issues. The policy debate on the future Community regime for environmental liability will be the key point of the session given the economic implciations of this cross-the-board directive that is supposed to implement the polluter pays principle. The Council's approval of ratification by the Community of the Carthagena Protocol on biosafety is the only formal decision expected to come out of the session. A dinner will be held the day before the session between the Council and NGOs. Points on the agenda are:
Biosafety: The Council will adopt the decision to approve, on behalf of the Community, the Carthagena Protocol on prevention of biotechnological risks linked to cross-border movements of live genetically modified organisms, and should invite the Member States to finalise their national ratification procedures in the best possible time. The Spanish Presidency and the Commission attach importance to this decision which, with the ratification of the Kyoto Protocol on climate change, will allow the Union to keep two commitments arising from the Rio Summit in 1992, which are decisive for the world summit on sustainable development (Johannesburg, 26 August-4 September).
Furthermore, the Council will note the state of progress of work on the propsooal of regulation concenring crossborder movements of live GMOs, that aims to transpose the Carthagena Prortocol into Community law through a common notification system imposed on exporters, and exchange of information between the exporter countries and the country of destination. (See EUROPE of 23 February, p.11). The Parliament's opinion is expected for September.
Packaging and packaging waste: Pending the opinion of the Parliament, the Presidency will seek, on the basis of a compromise proposal, to reach a general guideline on the proposal aimed at amending Directive 94/62/EC in order, in the run up to 2006, to fix objectives for clearly more ambitious recycling and valorisation as well as specific objectives per issue (see EUROPE of 11 December 2001). The five delegations ready to support the compromise are also those which have specific requests (Germany and Sweden hope to increase the rate of mechanical plastic recycling, Finland does not want a specific target for wood, Ireland wants to reduce the reate of metal recycling, and Austria hopes for higher rates for cardboard and glass). The vote in parliamentary committee, which was to take place on 18 June, was postponed to July because of the complex nature of the issue and the controversial amendments proposed by the rapporteur, mainly in order to increase the minimum recovery and recycling objectives, eliminate maximum objectives and make authorisation of the marketing of new products subject to prior analysis of their lfie cycle.
Revision of Seveso II Directive: Pending the opinion at first reading by the Parliament (July), the Council will seek to reach general guidelines on the proposal aimed at strengthening the provisions of Directive 96/82/EC on major accidents involving dangerous substances. The compromise from the Presidency aims to take the French request into account to make provisions more stringent with regards ammonium nitrate, the product involved in the explosion of the AZF factory in Toulouse.
Environmental liability: - on the basis of a Presidency compromise, the Council will have a policy debate on financial guarantees and the liability of the competent authorities, most delegations being against this being the State - thus the tax-payer - assuming the restoration of sites polluted in case of impossible identification of the author or bodies responsible (Belgium, the Netherlands, Sweden would like a compulsory financial guarantee scheme with limits set at Community level, France recommends a voluntary system, Germany, like the Commission, being against: Germany, France, the UK and Denmark are in favour of a system of liability of the competent authorities being left up to the discretion of States, but Belgium, Greece, the Netherlands and Sweden, like the Commission, would like the competent authorities to be obliged to act. Other delegations have not yet spoken out).
Soil protection: - the Council should adopt conclusions that will formalise the guidelines reached at the informal Council of Palma de Majorca to introduce into the EU an integrated soil protection policy, like that that already exists for air and water protection (see EUROPE of 27 and 28 May, p. 11 and 12). There is a broad consensus on the need to have, within 18 months, a draft directive relating to the harmonised surveillance and control of soil pollution in the Union, a thematic strategy with specific goals and a communication on combating erosion, the loss of organic matter and soil pollution.
Biological diversity: - the Council will adopt conclusions on measures to take to put an end to the impoverishment of biological diversity by 2010 - goal set by the Community strategy on sustainable development established by the European Council of Gothenburg. These conclusions, notably, recommend stepping up efforts to implement the "Habitats" and "Wild Birds" directives.
Community strategy on sustainable development: - the Council will discuss the state of progress in the work on sustainable development indicators and whether or not to create, within the Council's Environment Group, a high-level group for sustainable development.
Climate change: - the Council will be informed on the state of work on November's draft directive aimed at creating a Community market for swapping CO2 emission rights in the framework of the Kyoto Protocol.
World Sustainable Development Summit: - over lunch, ministers will have an exchange of views on the strategy to adopt to overcome the gap that emerged at the Bali conference between the low-key ambitions of the United States and the ambitions of developing countries (Group of 77). The Danish Presidency will take over the flag to avoid deadlock at the Johannesburg Summit (26 August to 4 September).
GMO Traceability and labelling: - the Council will be briefed on the state of work on the July 2001 draft regulations that has not progressed under the Spanish Presidency. Vote on first reading in Parliament is scheduled for July.
Hazardous chemical products: - the Council will take stock of the state of work on: 1) the decision relating to ratification, on behalf of the Community, of the Rotterdam Convention on the prior information and consent (PIC) procedure, which must be applied to hazardous chemical products and pesticides; 2) Community regulation aiming to replace the current voluntary PIC. The amendment of the legal basis for the regulation (Article 175 "Environment", instead of Article 113 "common trade policy") subjects the text to the co-decision procedure.