Luxembourg, 25/06/2002 (Agence Europe) - At the end of a lightening speed Environment Council in Luxembourg on Tuesday, the Spanish Presidency had every cause for celebration. Member States managed to reach agreement on the general guidelines on the case for amending the Seveso II directive on packaging and packing waste, which previously appeared a long way off (see EUROPE 22 June p 12). The Council also adopted the decision approving in the name of the Community, the Cartagena Protocol on the prevention of bio-technological risks, which equals significant progress on the eve of the Johannesburg Summit. In the realm of environmental responsibility, Ministers were unable to agree on the issue of obligatory interventions by the competent authorities in extreme case where, for example, the party responsible for damages cannot be identified. The Council adopted conclusions on soil protection and bio-diversity. It also reviewed the current work on sustainable development, climate change, traceability and labelling of GMOs and dangerous chemical products.
Revision of Seveso II Directive. Pending the opinion of the European Parliament, expected early July, the Council reached general guidelines on amending the Seveso II Directive on the control of dangers entailed by major accidents involving dangerous substances. The text approved by the Council follows in the wake of the French request to enlarge the proposal in order to include provisions on ammonium nitrate, the substance at the origin of the accident that occurred in Toulouse on 21 September 2001 at the AZF chemical factory (production of chemical fertiliser). In practical terms, a fourth category of substances will be included in the directive to cover ammonium nitrates. This new category provides for "high" and "low" thresholds (50 and 10 tonnes), which are stricter than those fixed in other categories given the explosive potential of the manufacturing waste covered, which is far greater than that for fertilisers. If, early July, the European Parliament comes into line with the vote of the environment committee in June, the Council may swiftly adopt a common position in so far as the European Commission does not raise any objection to the provisions requested by Paris. We recall that the proposal to amend the Seveso II Directive also aims to bridge the gaps in the original text highlighted by the accidents at the site of a firework manufacturer in Enschede, in the Netherlands, and at a mining site in Baie Mare, in Romania. The text provides for compulsory implementation of management and safety measures by industrial users, and above all for the assessment of risks that may lead to possible accident scenarios.
Packaging and packaging waste. The text of the general guidelines on the proposal aimed at amending the 1994 Directive with a view to fixing targets for more ambitious recycling and recovery in the run up to 2006 provides for: - the date of 31 December 2008 as a general deadline for necessary measures to be taken to achieve recycling objectives, with an additional four years for Greece, Ireland and Portugal because of their specific situation; - maximum targets of 80% for recycling of packaging waste and no maximum target for recycling; - minimum recycling objectives for matter contained in packaging waste fixed at 60% for paper and cardboard, 60% for glass, 50% for metal, 22.5% for plastics - account being exclusively taken of materials that are recycled in the form of plastic; - and 15% for wood. Belgium and the Netherlands are firmly opposed to changes to the recycling target for plastics (which went from 20 to 22.5%) and do not therefore associate themselves to the agreement reached by their partners.
Biosafety. The Council adopted by qualified majority (France having maintained formal reserve) a decision approving, on behalf of the Community, the Cartagena protocol on the prevention of biotechnological risks. Among other things, it covers the identification and labelling of genetically modified organisms (GMOs) and crossborder movements of such organisms. The Member States, which must also ratify the protocol at national level, have undertaken to take every measure necessary with a view to finalising their ratification procedures as soon as possible. Jaume Matas I Palou, Spanish Minister for the Environment, who chaired the Council sitting, described the adoption of the ratification decision as being of major importance, stressing its political importance on the eve of the world summit on sustainable development to open in Johannesburg on 26 August. He also pointed out that, with ratification within the time set of the Kyoto and Cartagena protocols, the European Union respects the commitments taken at the Rio Earth Summit (1992) and remains faithful to its leading position with regards sustainable development on the international scene.
In the wake of this, ministers also noted the state of progress of work on the proposal of regulation concerning crossborder movements of live GMOs, which aims to transpose the Cartagena protocol into Community law.
Soil protection. As foreseen, the Council adopted conclusions endorsing the guidelines reached at the informal Council in Palma de Mallorca (see EUROPE of 27 and 28 May, pp.11/12), which aim to introduce an integrated soil protection policy in the EU. Jaume Matas I Palou welcomed this and stressed that a gap has now been filled as "we have done for soil what already existed for the protection of air and water". However, although there is broad consensus regarding the need to have, within 18 months, a draft directive on harmonised surveillance and control of soil pollution in the EU, Tuesday's Council revealed that Austria and Denmark would not be in favour. This was noted by the Commission which did not seem to consider the adoption of such a legislative instrument as absolutely indispensable in the case in hand.
Responsibility for damage caused to the environment. The Council discussed this tricky matter on the basis of a Presidency compromise, which clearly attributes responsibility to farmers, but establishes a safety net to guarantee that, even in extreme cases (for example, when the farmer cannot be identified), intervention by the relevant authority allows serious damage to be repaired. The delegations did not agree on the compulsory or non-compulsory nature of this intervention by the authorities. Greece and the Netherlands took a stance in favour of a compulsory system which would guarantee reparation of damage in every case. France, the United Kingdom, Finland, Italy, Ireland and Portugal, on the other hand, noted their preference for a discretionary system that would allow the authorities to intervene when they consider it necessary. Furthermore, Austria, Ireland, Greece and Luxembourg are reported to have requested the inclusion of the nuclear sector in the scope of the future directive.
Bio-diversity. The council adopted conclusion on measures to take for combating the reduction in bio-diversity up to 2010. This will include intensification in efforts, including financial support, to apply the "habitats" and "wild birds" directives.
Sustainable Development. The Council reviewed the work carried out on the indicators. At lunch, Ministers discussed the strategy to adopt for surmounting the apparent fracture in Bali between the minimalist position of the USA and that of developing countries. The Danish Presidency will be obliged to pursue this matter in order to avoid failure at Johannesburg.
Climate change: The Council assessed the progress aimed at creating a single market for trading in CO2 emission rights in the Kyoto Protocol. Progress won't be possible until after the elections in Germany, Chancellor Schröder having demonstrated his hostility to the Commission proposals.
Traceability and GMO labelling: The Council was informed of progress on the draft regulation of last July, an area that hasn't progressed under the Spanish Presidency.
Dangerous chemical products. The Council has taken note of the situation concerning ratification of the Rotterdam Convention(in the name of the Community) on information procedures and preliminary obligatory consent (POC) for the trade in dangerous chemical products and pesticides. It also reviewed the work on Community regulations that aims to replace voluntary POC set up in 192