<?xml version="1.0" encoding="UTF-8"?>
<GENERAL xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" xsi:noNamespaceSchemaLocation="http://formex.publications.europa.eu/schema/formex-05.59-20170418.xd">
<BIB.INSTANCE>
   <DOCUMENT.REF FILE="C_2002004EN.01005201.doc.xml">
      <COLL>C</COLL>
      <NO.OJ>004</NO.OJ>
      <YEAR>2002</YEAR>
      <LG.OJ>EN</LG.OJ>
      <PAGE.FIRST>52</PAGE.FIRST>
      <PAGE.SEQ>1</PAGE.SEQ>
      <VOLUME.REF>01</VOLUME.REF>
   </DOCUMENT.REF>
   <DATE ISO="20020107">20020107</DATE>
   <LG.DOC>EN</LG.DOC>
   <NO.SEQ>003.001</NO.SEQ>
   <PAGE.FIRST>69</PAGE.FIRST>
   <PAGE.SEQ>1</PAGE.SEQ>
   <PAGE.LAST>79</PAGE.LAST>
   <PAGE.TOTAL>11</PAGE.TOTAL>
</BIB.INSTANCE>
<TITLE>
   <TI>
      <P>STATEMENT OF THE COUNCIL'S REASONS</P>
   </TI>
</TITLE>
<CONTENTS>
   <GR.SEQ>
      <TITLE>
         <TI>
            <NP>
               <NO.P>I.</NO.P>
               <TXT>INTRODUCTION</TXT>
            </NP>
         </TI>
      </TITLE>
      <P>On <DATE ISO="20010126">26 January 2001</DATE> the Commission submitted to the Council a proposal for a Decision of the European Parliament and of the Council laying down the Community environment action programme 2001 to 2010 (sixth EAP) based on Article 175(3) of the Treaty<NOTE NOTE.ID="E001" NUMBERING="ARAB">
            <P>
               <REF.DOC.OJ COLL="C" NO.OJ="154" DATE.PUB="20010529" PAGE.FIRST="218">OJ C 154 E, 29.5.2001, p. 218</REF.DOC.OJ>.</P>
         </NOTE>.</P>
      <P>The European Parliament gave its opinion on <DATE ISO="20010531">31 May 2001</DATE>.</P>
      <P>The Economic and Social Committee gave its opinion on <DATE ISO="20010530">30 May 2001</DATE>.</P>
      <P>The Committee of the Regions gave its opinion on <DATE ISO="20010613">13 June 2001</DATE>.</P>
      <P>On <DATE ISO="20010927">27 September 2001</DATE>, the Council adopted its Common Position in accordance with Article 251 of the Treaty.</P>
   </GR.SEQ>
   <GR.SEQ>
      <TITLE>
         <TI>
            <NP>
               <NO.P>II.</NO.P>
               <TXT>OBJECTIVE</TXT>
            </NP>
         </TI>
      </TITLE>
      <P>The proposal establishes a programme for Community action on the environment for the next 10 years. It focuses in particular on climate change, nature and biodiversity, environment and health as well as quality of life, and natural resources and wastes. For each of these areas, the programme indicates key environmental objectives and certain targets, and identifies a number of actions to achieve them.</P>
      <P>Seven thematic strategies are to be developed by the Commission in order to establish further quantifiable and time-bound objectives. These strategies will cover air quality, the marine environment, resource use, pesticides, waste recycling, soil protection issues and the urban environment. They should be ready for implementation at the latest five years after the adoption of the programme.</P>
      <P>The initiatives to be taken to meet the objectives of the programme shall consist of a range of measures, including legislation, voluntary agreements, improved information and involvement of consumers, enterprises and public bodies. These initiatives shall be presented progressively and at the latest four years after the adoption of the programme.</P>
   </GR.SEQ>
   <GR.SEQ>
      <TITLE>
         <TI>
            <NP>
               <NO.P>III.</NO.P>
               <TXT>ANALYSIS OF THE COMMON POSITION</TXT>
            </NP>
         </TI>
      </TITLE>
      <GR.SEQ LEVEL="2">
         <TITLE>
            <TI>
               <NP>
                  <NO.P>1.</NO.P>
                  <TXT>GENERAL</TXT>
               </NP>
            </TI>
         </TITLE>
         <P>The Council, although sharing the Commission's view on the main priority areas, has considerably tightened up the original proposal, in particular when it comes to objectives, timetables, the development of thematic strategies, environmental integration, the relationship with the candidate countries and the EU's global responsibility for sustainable development. The programme also stipulates that the environmental objectives defined should be achieved within 10 years unless otherwise specified.</P>
         <P>The programme foresees, <HT TYPE="ITALIC">inter alia</HT>, that:</P>
         <LIST TYPE="DASH">
            <ITEM>
               <P>a long-term climate objective is not to exceed a global temperature change of 2 °C over preindustrial levels and to stabilise CO<HT TYPE="SUB">2</HT> concentrations below 550 ppm,</P>
            </ITEM>
            <ITEM>
               <P>by the year 2010, 12 % of the total use of energy should be derived from renewable energy sources,</P>
            </ITEM>
            <ITEM>
               <P>measures are presented within a number of policy areas which will contribute to the fulfilment of the EU's commitment to reduce greenhouse gas emissions,</P>
            </ITEM>
            <ITEM>
               <P>a halt to the loss of biodiversity should be achieved by 2010,</P>
            </ITEM>
            <ITEM>
               <P>within one generation, by 2020, only chemicals that do not have a significantly negative impact on health and the environment should be produced and used,</P>
            </ITEM>
            <ITEM>
               <P>the improvement of air quality with a view to non-exceedance of critical loads and levels,</P>
            </ITEM>
            <ITEM>
               <P>the substantial reduction of people affected by detrimental health-related noise levels,</P>
            </ITEM>
            <ITEM>
               <P>a more sustainable use of pesticides, as well as a significant overall reduction in risks and of the use of pesticides, consistent with necessary crop protection, should be achieved,</P>
            </ITEM>
            <ITEM>
               <P>economic growth should be decoupled from resource use,</P>
            </ITEM>
            <ITEM>
               <P>the amounts of waste produced should fall and recycling and reuse should receive priority,</P>
            </ITEM>
            <ITEM>
               <P>subsidies which counteract an efficient and sustainable use of energy should be reviewed with a view to gradually phasing them out,</P>
            </ITEM>
            <ITEM>
               <P>green public procurement policy should be promoted, allowing environmental characteristics to be taken into account and the possible integration of environmental life cycle concerns, including the Production phase, into procurement procedures, starting a review of procurement in Community institutions.</P>
            </ITEM>
         </LIST>
         <P>The EU's global responsibility is emphasised by the fact that environmental concerns should be integrated into all the Union's external relations, including trade and development cooperation. The relation between trade and the environmental protection needs should be clarified; as a result all trade agreements should be analysed at an early stage from a sustainable development perspective.</P>
         <P>The Commission has accepted the Common Position agreed by the Council.</P>
      </GR.SEQ>
      <GR.SEQ LEVEL="2">
         <TITLE>
            <TI>
               <NP>
                  <NO.P>2.</NO.P>
                  <TXT>PARLIAMENT'S AMENDMENTS</TXT>
               </NP>
            </TI>
         </TITLE>
         <P>The Council accepted, in substance or in part, 174 of the 221 amendments proposed by the European Parliament. It should be noted that the important changes in the structure of the Decision make it difficult to establish a precise correspondence between Parliament's amendments and the Council's Common Position. Thus a great majority of amendments have not been taken up literally but are in fact covered in substance or in principle by the Common Position.</P>
         <P>In particular, the Council:</P>
         <LIST TYPE="alpha">
            <ITEM>
               <NP>
                  <NO.P>(a)</NO.P>
                  <TXT>introduced in the Common Position 174 amendments in part or in principle as follows:</TXT>
                  <P>
                     <LIST TYPE="NONE">
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendments 2 and 20</HT> on thematic strategies: the Common Position includes a new recital 16, in parallel to a new Article 4, explaining the nature and content of thematic strategies. These amendments are therefore covered in their principle by the Common Position;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendments 3 and 4</HT> on <HT TYPE="ITALIC">ex-post</HT> controls: given the operational nature of these amendments, which are better suited for the body of the Decision, the Common Position foresees a number of additional actions in Article 3(2) on implementation and enforcement of Community legislation, as well as a specific reference to <HT TYPE="ITALIC">ex-post</HT> evaluation in Article 10(c) which cover the substance of amendment 3 and part of amendment 4;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendments 6 and 7</HT> on integration: the substance of these amendments, of an operational nature, is partly covered by Article 3(3), although the Common Position opts for a more general language;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 9</HT> on renewable resources: the substance of this amendment, of an operational nature, can partly be found in Article 5 (on climate change) (2)(ii) on the reduction of greenhouse gas emissions in the energy sector, where an indicative target on the use of renewable energy sources has also been added;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 11</HT> on citizen involvement: the substance of this amendment, of an operational nature, can be found in Article 3 (strategic approaches to meeting environmental objectives), notably in paragraphs 6 and 9;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendments 12 and 13</HT> on wastes: recital 29 of the Common Position merges the original recitals on wastes (amendment 13), however the operational aspects of amendment 12 are to be found in Article 8 (on sustainable use and management of natural resources and wastes), particularly in paragraph 1 (objectives) second indent, and paragraph 2(ii) (measures on waste prevention and management);</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 14</HT> on transport policy: recital 30 covers this amendment in substance;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 260</HT> on environment policy-making: the precautionary principle is now specifically the subject of recital 5. In addition, Article 2 (principles and overall aims) covers this amendment particularly in paragraph 3 (introductory phrase, first and second indents);</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 261</HT> on information: is partly covered by recital 33 and by Article 10(e) and (f);</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 16</HT> on the Aarhus Convention: this amendment, of an operational nature, is covered in its substance by Article 3(9);</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 21</HT> on the title of Article 2 is covered in substance by the Common Position, and the specific objectives for each priority areas have been transferred from Article 2 to the specific Articles (5 to 9) as suggested by the European Parliament;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendments 22, 23 and 24</HT> on policy principles and integration: are covered in substance by the Common Position which elaborates on the programmes' policy principles in Article 2 (principles and overall aims) (1), drawing from Article 174 of the Treaty. In respect to integration (Article 6 of the Treaty), a full reference is introduced in recital 13. In addition Article 2(4) is devoted to integration of environmental protection requirements into other policies. The Common Position addressed in depth the question of indicators and monitoring (second part of Amendment 24) in Article 10 (on environment policy making) (e);</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 25</HT> on sustainable development: is covered partly in Article 2(1) second indent, while the international dimension of sustainable development, notably the Rio +10 Conference of 2002, is addressed in Article 9;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendments 26, 27, 28, 29, 32 and 33</HT> on the structure of the Decision: are mostly covered by the Common Position which has transferred all the area-related specific objectives to the corresponding Articles of the Decision;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendments 34, 35, 37, 39, 40</HT> on the general objectives of the programme: are covered in principle and partly by the Decision, which maintains a general aim for each area in Article 2(2). Several of the detailed objectives suggested by these amendments are developed in the specific Articles devoted to each area (Articles 5 to 8);</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 43</HT> on Local Agenda 21: this reference is taken up in Article 7 (on environment and health and quality of life) (2)(h), on actions related to the urban environment;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendments 276 and 44</HT> on development of legislation: are covered in part by the Common Position whereby a new paragraph 1 is introduced in Article 3 to address this issue in particular. However, the principles on which legislation should be based figure already in the preamble and in Article 2(1) and are not repeated here. In addition, the section on implementation of legislation is maintained and further developed (Article 2(2));</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 45</HT> on integration: is covered in principle by Article 3 (strategic approaches) (3) making reference to the need of specific environmental objectives, targets, timetables and indicators in the different policy areas, while the specific policy sectors are addressed case-by-case, in the Articles devoted to each priority area;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendments 47 and 51</HT> on the Commission's organisation and Decisions: are covered in substance, without the obligatory element, respectively by the third indent of Article 3(3), which is relevant to all the Community institutions and by the sixth indent of the same Article, which introduces a comprehensive reference to environmental impact assessment;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 263</HT> on negative subsidies: is covered in part by Article 3(4) first indent, calling for the reform of subsidies with considerable negative environmental effects, keeping in mind that the applicable time-frame would be that generally applicable to the whole programme and that an inventory of <QUOT.START ID="QS0001" REF.END="QE0001" CODE="2018"/>negative<QUOT.END ID="QE0001" REF.START="QS0001" CODE="2019"/> subsidies, as well as their gradual phasing out is foreseen specifically in Article 5 (climate change) (2)(ii) in relation to the energy sector;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 50</HT> on the common agricultural policy and Community funding programmes: the principle of this amendment is covered by Article 3(3) (particularly the first, fifth and seventh indents) and by Article 6 (on nature and biodiversity) (2)(f) specifically devoted to the common agricultural policy;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 53</HT> on encouraging innovation and involvement of local communities is implicitly covered by Article 3(6), (9) and (10);</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 54</HT> on research: Article 10 (on environment policy making) point (d) specifically addresses the issue of research in the Community and in the Member States;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendments 55, 57, 58, 59, 60 61, 62</HT> on implementation: while amendment 55 is taken up in full (Article 3(2) introductory phrase) amendments 57, 58, 59, 60, 61 and 62 are covered in part or in principle, sometimes implicitly, by Article 3(2) of the Common Position, notably by the more general wording (first indent) <QUOT.START ID="QS0002" REF.END="QE0002" CODE="2018"/>increased measures to improve respect for Community rules on the protection of the environment and addressing infringements of environmental legislation<QUOT.END ID="QE0002" REF.START="QS0002" CODE="2019"/>;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 64</HT> on upgrading knowledge: is covered in substance by Article 10(d) (on research needs) and (f) (on monitoring, data collection and reporting systems);</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 264</HT> on thematic strategies: is mostly covered by a new Article 4 of the Common Position. In relation to the decision-making process to be envisaged for the thematic strategies, a framework directive has not been considered suitable in all cases given the purpose of the strategies, which should themselves identify further proposals required to reach the objectives of the programme and the procedures foreseen for their adoption. The text of the Common Position maintains flexibility, and foresees that the strategies should take the form of a Decision where appropriate. Furthermore, while it is clear that indicators will be needed in order to measure the achievements of the thematic strategies — where quantitative targets and timetables will be identified (paragraph 2), an additional paragraph on indicators has not been included in order to avoid overlap with Article 10(e) specifically devoted to this matter;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 67</HT> on Community research: is covered in substance by Article 10(d);</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendments 292, 69 and 70</HT> on environmental performance of enterprises: are covered in principle by Article 3(5) (notably introductory phrase, first and fifth indents) and paragraph 6 (addressing <HT TYPE="ITALIC">inter alia</HT>, public bodies, including local authorities);</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendments 265 and 286 and 72</HT> on legal frameworks for voluntary commitments: are partly covered by Article 3(5) last indent, on the encouragement of voluntary agreements which calls for procedures to be set up in the event of non-compliance while flexibility is maintained in relation to the cases where these agreements need to be encouraged. In as far as these will be part of the thematic strategies, they will contain targets, timetables and a monitoring mechanism; furthermore the Council and the European Parliament will be involved in their definition;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 73</HT> on training: is covered in principle by Article 10(d) whereby the development of bridges between environmental and other actors in the field of information, training, research, education and other policies is called upon, and keeping in mind that the activities under the Community framework programme also include training;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 74</HT> on small and medium-sized enterprises: is covered in principle by Article 3(5) (notably introductory phrase coupled with third indent);</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 75</HT> on fiscal measures: is covered in substance by Article 3(4), third indent;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 78</HT> on public procurement: is covered in substance by Article 3(6), third indent;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendments 82 and 88</HT> on participation and access to information: are covered in substance by Article 3(9), although children and young people are not specifically mentioned;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 91</HT> on education: the need to link education and environmental and other actors is mentioned in Article 10(d), second indent, taking account of the limits of Community competence in this area;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 92</HT> on raising awareness: is covered in substance by Article 3(9), third indent;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 93</HT> on interregional protection projects: is covered by Article 3(10) (introductory phrase and first indent) and Article 9 (on international issues) (2)(i);</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendments 96, 97, 98 and 101</HT> on regional and spatial planning: while amendment 96 is covered in full by Article 3(10), last indent, amendments 97, 98 and 101 are covered in part and in principle by the first and second indents of the same paragraph also taking into account that climate change prevention is fully addressed in Article 5 and that sustainable urban environment is addressed in Article 7;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 104</HT> on general aims for actions on climate change is covered by Article 2(2), first indent, without mention of the reduction target of 50 % by 2040, considered premature;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendments 105 and 247</HT> on the Kyoto Protocol: while amendment 105 is fully incorporated in Article 5(1), first indent, amendment 247 is partly covered by the same indent;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 106</HT> on CO<HT TYPE="SUB">2</HT> emissions from transport: although not covered as such, a complete paragraph on transport (Article 5(2)(iii)) is now foreseen in the present Article;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendments 107 and 108</HT> on implementation and further reductions: are broadly covered by Article 5(1), second and third indents, although the identification of additional reduction targets is considered premature at this stage;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 109</HT> on product standards: is covered in the Common Position by the horizontal provision on standards (Article 3(4), last indent) and by Article 5(2) (ii) (c) and (f) and (2)(iii) (e);</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 114</HT> on sectoral objectives: is covered through the distinction by sector of actions to be undertaken for reducing greenhouse gas emissions;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendments 116, 117, 120, 248, 123, 291, 284, 127, 128 and 130</HT>, on the energy, transport, industrial, and fiscal sectors: are covered in full or in part by Article 5(2) (ii), (iii), (iv), (vi) although the language used in the Common Position is sometimes broader;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 254</HT> on energy efficiency in the candidate countries: is covered in substance by Article 5(4) devoted to candidate countries;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendments 133, 134, 136, 138 and 140</HT> on aims and objectives in the area of nature and biodiversity: amendment 133 is covered by Article 2(2), second indent, and by Article 6(1); amendments 134, 136, 138, 140 are also incorporated in the latter paragraph;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendments 137, 139, 142, 143, 144, 145, 150, 257, 268, 283, 155, 158, 159, 166 and 259</HT> on actions for protection of nature and biodiversity: are covered in substance or in part by Article 6(2)(a) (amendments 137,142, first part of 143, 144, 145); (g) (second part of amendment 143, amendment 268); (h) (amendments 139, 283, 155); (f) (amendments 150, 257) and (i) (amendments 158, 159, 166, 259);</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 141</HT> on protection of water: to avoid overlapping of actions, this subject is addressed substantially in Article 7 of the Common Position (notably paragraph 2 (e)), while recognising that water protection could be addressed theoretically in both Articles 6 and 7;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 151</HT> on biodiversity action plans: is partly covered by Article 6(2)(a), first indent although the language of the Common Position is broader, referring to the Community's biodiversity strategy and the relevant action plans, without specifying their content and administrative level. Natura 2000 is specifically addressed in the seventh indent of the same paragraph;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendments 148 and 157</HT> on protection of soil and marine environments: are taken up in their essence by Article 6(2)(c) and (g) respectively, taking into account the need to avoid both prejudging the ongoing reflections on the content of these thematic strategies and duplication with the Common Provisions applicable to all the thematic strategies of Article 4;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 256</HT> on landscape protection: is partly introduced in Article 6(2)(e) although this theme is not considered appropriate for a thematic strategy and a more general reference is made to the relevant international instruments;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 160</HT> on the aims for the area of environment, health and quality of life: is covered in substance by Article 2(2), third indent, with a broader all-inclusive language so that specific references to food and drinking water can be omitted;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendments 161, 270,167(in part), 169, 170, 177, 180, 282 (second part)</HT> on the objectives for the area of environment, health and quality of life: are covered in full or in part in Article 7(1);</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendments 289, 165, 167 (in part), 168, 171, 172, 174, 175, 178, 179, 182, 183, 184, 188, 189, 192, 194, 195, 193 and 277, 199, 200, 204, 282 (first part)</HT> on specific actions in the same area: are covered in part or in principle by Article 7(2)(a) (amendments 172, 174, 175, 204); (b) (amendments 165, 178, 179, 289); (c) (amendments 184, 188, 189); (d) (amendments 182, 183); (e) (part of amendments 167, 192, 193/277, 194, 195); (f) (amendments 168, 199, 200); (g) (amendment 282 (first part); (h) (amendment 171);</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 181</HT> on international conventions: is covered by the horizontal action foreseen in Article 9 (on international issues) (2)(d);</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 207</HT> on the urban environment: is partly taken up by Article 7(2)(h) of the Common Position. Given the limits of Community competence and the horizontal nature of this theme, covering several of the points addressed elsewhere in the programme, the Common Position considers a thematic strategy more suitable than a legislative framework at this stage, allowing stakeholder consultation and careful consideration of the additional issues to be tackled at EU level;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendments 278 and 200</HT> on aims and objectives for sustainable use and management of natural resources and wastes: are taken up partly in Article 2(2), fourth indent and partly in Article 8(1) and (2);</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 212</HT> on sustainable use of resources: the amendment has not been included as such although the thematic strategy on the sustainable use and management of resources will establish goals and targets for resource efficiency and the diminished use of resources. The link with the Community research programme is covered by a paragraph foreseen to this end in Article 10(d);</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendments 213, 215, 216, 217, 219, 220 and 222</HT> on actions for sustainable use and management of natural resources and wastes: are covered in substance or in part by Article 8(2) (i) (amendment 213); (iii) (amendments 217, 219, 220); (iv) (amendments 215, 216, 222);</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 251</HT> on the Kyoto Protocol and the EU's external relations is covered in substance by Article 5(5) entirely devoted to this subject;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 226</HT> on multilateral agreements: is reflected in Article 9(2) (g) and (h);</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendments 227 and 239</HT> on supporting sustainable development at regional and local level and Local Agenda 21: amendment 227 is covered in substance by Article 3, (6) and (10) while Local Agenda 21 is referred to in Article 7(2) (h) on the urban environment;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 228</HT> on cooperation with developing countries: is reflected in Article 9(2)(a) and (c);</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 229</HT> on the precautionary principle: is taken up in Article 9(2)(f);</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 230</HT> on trade agreements: is reflected in substance in Article 9(2)(g);</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendments 231 and 232</HT> on cross-border pollution: are covered in substance by Article 9(2)(i);</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 233</HT> on objectives for environment policy-making: figures in Article 10 (introductory phrase) where a reference to the strategic approaches set out in Article 3 is introduced;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendments 274 and 236</HT> on rules for dialogue: are covered in principle by the general wording of Article 10(a) where improved mechanisms and general rules and principles of good governance are to be developed for consultation of stakeholders;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendments 234, 237 and 244</HT> on the Aahrus Convention and access to information: are covered in full, in substance, or in principle by Article 3(9);</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 235</HT> on supporting NGOs: is included in Article 10(b);</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendment 238</HT> on strategic environmental assessment: is incorporated in Article 3(3);</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendments 240, 241, 243</HT> on actions to improve environmental policy making: are covered in part or in their principle by Article 10(d), (f) and (g) respectively;</P>
                        </ITEM>
                        <ITEM>
                           <P>
                              <HT TYPE="ITALIC">amendments 245 and 281</HT> on evaluation and reporting: are covered in part by Article 11(1);</P>
                        </ITEM>
                     </LIST>
                  </P>
               </NP>
            </ITEM>
            <ITEM>
               <NP>
                  <NO.P>(b)</NO.P>
                  <TXT>did not include 47 amendments in the Common Position. In particular:</TXT>
                  <P>
                     <LIST TYPE="DASH">
                        <ITEM>
                           <P>the Council followed in respect of amendments 5, 8, 10, 36, 41, 42, 48, 252, 56, 63, 65, 80, 81, 266, 85, 90, 94, 99, 118, 132, 147, 162, 176, 187, 191, 196, 198, 201, 203, 218, 223, 224, 280 the position expressed by the Commission,</P>
                        </ITEM>
                        <ITEM>
                           <P>the Council did not accept 13 amendments accepted in full or in part by the Commission for the following reasons:</P>
                           <P>
                              <LIST TYPE="NONE">
                                 <ITEM>
                                    <P>
                                       <HT TYPE="ITALIC">amendment 68</HT> on environmental liability: although the spirit of this amendment is partially incorporated in Article 3, notably paragraph 4, the Council considers that a reference to compulsory civil liability insurance is premature, and that the outcome of negotiations on a future Commission proposal on environmental liability should not be prejudged;</P>
                                 </ITEM>
                                 <ITEM>
                                    <P>
                                       <HT TYPE="ITALIC">amendments 30 and 31</HT> on the candidate countries: a general and comprehensive paragraph on the policies and approaches that contribute to sustainable development in the accession countries was considered necessary in Article 2 on the general objectives of the programme, leaving to the specific Articles only the aspect specifically linked to the priority areas;</P>
                                 </ITEM>
                                 <ITEM>
                                    <P>
                                       <HT TYPE="ITALIC">amendment 288</HT> on legislation on environmental liability: given the forthcoming Commission proposal and the difficulty of the subject, the Council prefers not to pre-empt the results of the negotiations or to indicate a precise deadline for their accomplishment;</P>
                                 </ITEM>
                                 <ITEM>
                                    <P>
                                       <HT TYPE="ITALIC">amendment 95</HT> on sustainable land-use planning: the Council considers that sufficient flexibility is foreseen in Article 3(10) introductory phrase and first indent to cover transport, cultural heritage and historic urban areas and considers it more appropriate to avoid mentioning in the programme a detailed list of specific topics on which emphasis should be placed, given that these will be examined case-by-case;</P>
                                 </ITEM>
                                 <ITEM>
                                    <P>
                                       <HT TYPE="ITALIC">amendments 100 and 246</HT> on the revision of the CAP: the Council considers that the results of the revision of the common agricultural policy, foreseen in 2002, should not be prejudged. Furthermore, the amendment is covered to a great extent by Article 3(3), which stresses the need for the integration of the environment into other Community policies, by Article 5 where alternative energy sources are addressed and by Article 8 where a thematic strategy on recycling is foreseen;</P>
                                 </ITEM>
                                 <ITEM>
                                    <P>
                                       <HT TYPE="ITALIC">amendment 290</HT> on emission trading: the Council considers it premature to fix 2005 as a deadline for establishing a Community-wide emission-trading scheme. Furthermore the need for clear monitoring is covered by the wording of Article 5(2)(i)(b) which calls for an effective CO<HT TYPE="SUB">2</HT> emission-trading Community framework;</P>
                                 </ITEM>
                                 <ITEM>
                                    <P>
                                       <HT TYPE="ITALIC">amendment 287</HT> on alternative fuels: although the Common Position introduces a quantitative target in relation to the use of renewable energy sources (Article 5(2)(ii)(c)), a further quantitative target on consumption of alternative fuels for cars and trucks is considered too specific for the purposes of this programme;</P>
                                 </ITEM>
                                 <ITEM>
                                    <P>
                                       <HT TYPE="ITALIC">amendment 131</HT> on adaptation measures to prepare for climate change: the Council did not include a specific mention of the local level for adaptation measures; these are not necessarily excluded by the present wording of Article 5(3);</P>
                                 </ITEM>
                                 <ITEM>
                                    <P>
                                       <HT TYPE="ITALIC">amendment 152</HT> on the common fisheries policy: the wording of this amendment is considered too prescriptive for actions on the integration of environmental considerations into other Community policies;</P>
                                 </ITEM>
                                 <ITEM>
                                    <P>
                                       <HT TYPE="ITALIC">amendment 156</HT> on green-belt networks in Europe: the principle of this amendment, which needs further clarification, might be considered to be covered by Article 6(2)(h), second indent, and by Article 9(2)(i); <QUOT.START ID="QS0003" REF.END="QE0003" CODE="2018"/>green belt networks in Europe<QUOT.END ID="QE0003" REF.START="QS0003" CODE="2019"/> are not mentioned as such in the Common Position;</P>
                                 </ITEM>
                                 <ITEM>
                                    <P>
                                       <HT TYPE="ITALIC">amendment 173</HT> on the sixth framework programme for RTD: the Council does not consider necessary to specifically mention the sixth framework programme given that this is covered by a general reference to the Community research programmes (Article 7(2)(a)). The Community framework programmes are also specifically addressed by Article 10(d);</P>
                                 </ITEM>
                                 <ITEM>
                                    <P>
                                       <HT TYPE="ITALIC">amendment 279</HT> on reassessment of the Integrated Pollution Prevention and Control (IPPC) Directive: the Council did not add this reference to the Common Position, noting that the Commission includes <QUOT.START ID="QS0004" REF.END="QE0004" CODE="2018"/>further implementation and development of the IPPC Directive<QUOT.END ID="QE0004" REF.START="QS0004" CODE="2019"/> among the activities to be undertaken in the framework of actions on environment and health in the communication accompanying the Commission proposal for a sixth environmental action programme (COM(2001) 31 final).</P>
                                 </ITEM>
                              </LIST>
                           </P>
                        </ITEM>
                     </LIST>
                  </P>
               </NP>
            </ITEM>
         </LIST>
      </GR.SEQ>
   </GR.SEQ>
   <GR.SEQ>
      <TITLE>
         <TI>
            <NP>
               <NO.P>IV.</NO.P>
               <TXT>OTHER CHANGES INTRODUCED BY THE COUNCIL</TXT>
            </NP>
         </TI>
      </TITLE>
      <P>The Council carried out a relatively extensive restructuring of the text of the Decision. To enhance the focus of Article 2 on the principles and overall aims of the programme the specific objectives that this Article contained have been moved to the specific Articles devoted to the four priority areas of the programme.</P>
      <P>Besides adding a specific Article on the thematic strategies, the Council elaborated on all the Articles of the Commission proposal, to make them more precise and adding where possible concrete targets and timetables, as illustrated in Section III.1.</P>
      <P>The Council also modified and added a number of recitals, to motivate the content of the Articles of the Decision.</P>
   </GR.SEQ>
   <GR.SEQ>
      <TITLE>
         <TI>
            <NP>
               <NO.P>V.</NO.P>
               <TXT>CONCLUSIONS</TXT>
            </NP>
         </TI>
      </TITLE>
      <P>The Council considers that its Common Position, which incorporates the amendments mentioned in Section III.2.(a), takes largely into account the opinion of the European Parliament at first reading. It represents a balanced solution for a new action programme which, compared to the fifth action programme and given its 10-year time-frame, needs to be ambitious and comprehensive and at the same time realistic and flexible.</P>
   </GR.SEQ>
</CONTENTS>
</GENERAL>
