PR_COD_1amCom€¦ · Web viewIt shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein

European Parliament2014-2019

Plenary sitting

A8-0324/2018

15.10.2018

***IREPORTon the proposal for a Regulation of the European Parliament and of the Council on the alignment of reporting obligations in the field of environment policy and thereby amending Directives 86/278/EEC, 2002/49/EC, 2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/EU, Regulations (EC) No 166/2006 and (EU) No 995/2010, and Council Regulations (EC) No 338/97 and (EC) No 2173/2005(COM(2018)0381 – C8-0244/2018 – 2018/0205(COD))

Committee on the Environment, Public Health and Food Safety

Rapporteur: Adina-Ioana Vălean

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EN United in diversity EN

PR_COD_1amCom

Symbols for procedures

* Consultation procedure*** Consent procedure

***I Ordinary legislative procedure (first reading)***II Ordinary legislative procedure (second reading)

***III Ordinary legislative procedure (third reading)

(The type of procedure depends on the legal basis proposed by the draft act.)

Amendments to a draft act

Amendments by Parliament set out in two columns

Deletions are indicated in bold italics in the left-hand column. Replacements are indicated in bold italics in both columns. New text is indicated in bold italics in the right-hand column.

The first and second lines of the header of each amendment identify the relevant part of the draft act under consideration. If an amendment pertains to an existing act that the draft act is seeking to amend, the amendment heading includes a third line identifying the existing act and a fourth line identifying the provision in that act that Parliament wishes to amend.

Amendments by Parliament in the form of a consolidated text

New text is highlighted in bold italics. Deletions are indicated using either the ▌symbol or strikeout. Replacements are indicated by highlighting the new text in bold italics and by deleting or striking out the text that has been replaced. By way of exception, purely technical changes made by the drafting departments in preparing the final text are not highlighted.

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CONTENTS

Page

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION.................................5

EXPLANATORY STATEMENT............................................................................................33

OPINION OF THE COMMITTEE ON AGRICULTURE AND RURAL DEVELOPMENT36

OPINION OF THE COMMITTEE ON LEGAL AFFAIRS....................................................52

PROCEDURE – COMMITTEE RESPONSIBLE...................................................................76

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE....................................77

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DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council on the alignment of reporting obligations in the field of environment policy and thereby amending Directives 86/278/EEC, 2002/49/EC, 2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/EU, Regulations (EC) No 166/2006 and (EU) No 995/2010, and Council Regulations (EC) No 338/97 and (EC) No 2173/2005 (COM(2018)0381 – C8-0244/2018 – 2018/0205(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2018)0381),

– having regard to Article 294(2) and Articles 114, 192(1) and 207 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0244/2018),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the opinion of the European Economic and Social Committee1,

– having regard to the opinion of the Committee of the Regions2,

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Agriculture and Rural Development and the Committee on Legal Affairs (A8-0324/2018),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

1 OJ C ....2 OJ C ....

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Amendment 1

Proposal for a regulationTitle

Text proposed by the Commission Amendment

Proposal for a Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the alignment of reporting obligations in the field of environment policy and thereby amending Directives 86/278/EEC, 2002/49/EC, 2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/EU, Regulations (EC) No 166/2006 and (EU) No 995/2010, and Council Regulations (EC) No 338/97 and (EC) No 2173/2005

on the alignment of reporting obligations in the field of legislation related to the environment and thereby amending Directives 86/278/EEC, 2002/49/EC, 2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/EU, Regulations (EC) No 166/2006 and (EU) No 995/2010, and Council Regulations (EC) No 338/97 and (EC) No 2173/2005

(Text with EEA relevance) (Text with EEA relevance)

Justification

Amendment to the title reflecting that not all legal acts listed here are environmental legislation per se.

Amendment 2

Proposal for a regulationRecital 1


(1) In order to address the need for implementation and compliance information, amendments of several pieces of environmental legislation should be introduced taking into account the results of the Commission Report on Actions to Streamline Environmental Report45 and its related Fitness Check46 .

(1) In order to address the need for implementation and compliance information, amendments of several pieces of legislation related to the environment should be introduced, taking into account the results of the Commission Report on Actions to Streamline Environmental Report45 and its related Fitness Check46.

__________________ __________________45 COM(2017) 312. 45 COM(2017) 312.46 SWD(2017) 230. 46 SWD(2017) 230.

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Justification

In line with a similar amendment to the Title.

Amendment 3

Proposal for a regulationRecital 1 a (new)


(1a) This Regulation seeks to modernise information management and ensure a more consistent approach to the legislative acts within its scope by simplifying reporting so as to reduce the administrative burden, enhancing the database for future evaluations, and increasing transparency for the benefit of the public, each time in accordance with the circumstances.

Amendment 4



(2) It is necessary that accessibility to data should ensure that the administrative burden on all entities remains as limited as possible. It requires active dissemination at national level in accordance with Directives 2003/4/EC47 and 2007/2/EC48 of the European Parliament and of the Council and their implementing rules, to ensure the appropriate infrastructure for public access, reporting and data-sharing between public authorities.

(2) It is necessary that accessibility to data should ensure that the administrative burden on all entities remains as limited as possible, especially on non-governmental entities such as small and medium enterprises (SMEs). It requires active dissemination at national level in accordance with Directives 2003/4/EC47 and 2007/2/EC48 of the European Parliament and of the Council and their implementing rules, to ensure the appropriate infrastructure for public access, reporting and data-sharing between public authorities.

_________________ _________________47 Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41,

47 Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41,

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14.2.2003, p. 26). 14.2.2003, p. 26).48 Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1).

48 Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1).

Amendment 5



(3) Data reported by Member States are essential for the Commission to monitor, review and assess the performance of the legislation against the objectives it pursues in order to inform any future evaluation of the legislation, in accordance with paragraph 22 of the Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 201649 . It is appropriate to add provisions to several legislative acts in the environmental sector for the purpose of their future evaluation, on the basis of data collected during implementation, possibly complemented by additional scientific, analytical data. In that context, there is a need for relevant data that will allow better assessment of the efficiency, effectiveness, relevance, coherence and EU value added of Union legislation, hence the necessity to ensure appropriate reporting mechanisms that can also serve as indicators for this purpose.

(3) The process of Member States’ comprehensive and timely reporting of relevant data is essential for the Commission to monitor, review and assess the performance of the legislation against the objectives it pursues in order to inform any future evaluation of the legislation, in accordance with paragraph 22 of the Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 201649. It is appropriate to add provisions to several legislative acts in the environmental sector for the purpose of their future evaluation, on the basis of data collected during implementation, possibly complemented by additional scientific, analytical data. In that context, there is a need for relevant data that will allow better assessment of the efficiency, effectiveness, relevance, coherence and EU value added of Union legislation, hence the necessity to ensure appropriate reporting mechanisms that can also serve as indicators for this purpose both for decision-makers and for the general public.

_________________ _________________49OJ L 123, 12.5.2016, p. 1. 49OJ L 123, 12.5.2016, p. 1.

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Amendment 6



(5) In accordance with the evaluation of Directive 2002/49/EC of the European Parliament and of the Council50 there is a need to streamline the reporting deadlines for noise maps and action plans to allow sufficient time for public consultation of action plans. To that end, and for one time only, the deadline for the review or revision of the action plans is postponed by one year so that the deadline of the next round (the fourth round) of action plans is not 18 July 2023 but 18 July 2024. Thus, from the fourth round onwards, the Member States will have approximately two years between making the noise maps and completing the review or revision of action plans instead of one year as currently the case. For the following rounds of action planning, the five years cycle for the review or revision will then resume. Moreover, in order to better meet the objectives of the Directive 2002/49/EC and to provide a basis for developing measures at Union level, reporting by Member States should be carried out by electronic means. It is also necessary to enhance public participation by requiring certain information to be made publicly available while aligning this obligation to other Union legislation, such as Directive 2007/2/EC, without duplicating practical requirements.

(5) In accordance with the evaluation of Directive 2002/49/EC of the European Parliament and of the Council50 there is a need to streamline the reporting deadlines for noise maps and action plans to allow sufficient time for public consultation of action plans. To that end, and for one time only, the deadline for the review or revision of the action plans is postponed by one year so that the deadline of the next round (the fourth round) of action plans is not 18 July 2023 but 18 July 2024. Thus, from the fourth round onwards, the Member States will have approximately two years between making the noise maps and completing the review or revision of action plans instead of one year as currently the case. For the following rounds of action planning, the five years cycle for the review or revision will then resume. Moreover, in order to better meet the objectives of the Directive 2002/49/EC and to provide a basis for developing measures at Union level, reporting by Member States should be carried out by electronic means. It is also necessary to enhance public participation by requiring comprehensible, accurate and comparable information to be made publicly available while aligning this obligation to other Union legislation, such as Directive 2007/2/EC, without duplicating practical requirements.

_________________ _________________50 Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise (OJ L 189, 18.7.2002).

50 Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise (OJ L 189, 18.7.2002).

Amendment 7

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(7) Based on the Commission report to the Council and the European Parliament concerning the implementation of Directive 2007/2/EC and the REFIT evaluation52 , it is appropriate, with a view to simplifying the implementation of that Directive and reducing administrative burden related to monitoring by Member States, to no longer require Member States to send to the Commission triennial reports, and the Commission to present to the European Parliament and to the Council a summary report, because the reporting Fitness Check confirmed the limited use of such reports.53

(7) Based on the Commission report to the Council and the European Parliament concerning the implementation of Directive 2007/2/EC and the REFIT evaluation52 , it is appropriate, with a view to simplifying the implementation of that Directive and reducing administrative burden related to monitoring by Member States, to no longer require Member States to send to the Commission triennial reports, and the Commission to present to the European Parliament and to the Council a summary report, because the reporting Fitness Check confirmed the limited use of such reports53. Nevertheless, the Commission should continue to carry out, at regular intervals, an evaluation of that Directive and make that evaluation publicly available.

_________________ _________________52 COM(2016) 478 and SWD(2016) 273. 52 COM(2016) 478 and SWD(2016) 273.53 COM(2017) 312. 53 COM(2017) 312.

Justification

The current text of Directive 2007/2/EC requests the Commission to present a report to the European Parliament and the Council. Therefore, at least a regular evaluation, publicly available, is needed.

Amendment 8



(9) It is necessary to amend the reporting obligations laid down in Articles 43, 54 and 57 of Directive 2010/63/EU of the European Parliament and of the Council56. These provisions include, with the objective of improving transparency and reducing administrative burden, the

(9) It is necessary to amend the reporting obligations laid down in Articles 43, 54, 57 and 58 of Directive 2010/63/EU of the European Parliament and of the Council56. These provisions include, with the objective of improving transparency and reducing administrative burden, the

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establishment of a central, open-access searchable database for non-technical project summaries and related retrospective assessments, conferral of implementing powers on the Commission to establish a common format for the submission of non-technical project summaries and related retrospective assessments, information on implementation and replacing the three-yearly statistical reporting by the Commission by the requirement of setting up a dynamic central database hosted by the Commission and releasing information on a yearly basis.

establishment of a central, open-access searchable database for non-technical project summaries and related retrospective assessments, conferral of implementing powers on the Commission to establish a common format for the submission of non-technical project summaries and related retrospective assessments, information on implementation and replacing the three-yearly statistical reporting by the Commission by the requirement of setting up a dynamic central database hosted by the Commission and releasing information on a yearly basis. In light of a Commission report in 201756a, the clause for a review of that Directive as laid down in Article 58 therein should be reconsidered with a view to a future revision.

__________________ __________________56 Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes (OJ L 276, 20.10.2010, p. 33).

56 Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes (OJ L 276, 20.10.2010, p. 33).56a COM (2017) 631 final, Report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions in accordance with Article 58 of Directive 2010/63/EU on the protection of animals used for scientific purposes.

Amendment 9



(14a) Directives 86/278/EEC, 2002/49/EC, 2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/EU, Regulations (EC) No 166/2006 and (EU) No 995/2010, and Regulations (EC) No 338/97 and (EC) No 2173/2005 should therefore be amended accordingly,

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Justification

New recital intended to provide a direction for action, as a conclusion for all other recitals.

Amendment 10

Proposal for a regulationArticle 1 – paragraph 1 – point -1 (new)Directive 86/278/EECArticle 2 – paragraph 1 – point d a (new)


-1. In Article 2, the following point is added:

“(da) 'spatial data services’: means the operations which may be performed, by invoking a computer application, on the spatial data contained in spatial data sets or on the related metadata as defined in Article 3(4) of Directive 2007/2/EC of the European Parliament and of the Council*;

__________________* Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1).”.

(See wording of Directive 2007/2/EC (INSPIRE))

Justification

The definitions are placed in Article 2 of the basic act. Therefore for coherence and clarity the new definition for 'special data services' has been added in Article 2.

Amendment 11

Proposal for a regulationArticle 1 – paragraph 1 – point -1 a (new)Directive 86/278/EECArticle 2 – paragraph 1 – point d b (new)


-1a. In Article 2, the following point is

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added:

“(db) ‘spatial data set’: means an identifiable collection of spatial data as defined in Article 3(3) of Directive 2007/2/EC.”.

Justification


Amendment 12

Proposal for a regulationArticle 1 – paragraph 1 – point 1Directive 86/278/EECArticle 10 – paragraph 1 – point d


(d) the names and addresses of the recipients of the sludge and the place where the sludge is to be used;

deleted

Justification

Concrete operating data, such the buyers of sewage sludge in this case, should not be publicly available. Data protection must be ensured. Publishing farmers' data may lead to harassment by environmentalist groups even if the farmers' activities are wholly legal. Such publication may cause farmers to be pilloried. The authorities must have the data available internally for the purposes of monitoring compliance with requirements and regulations.

Amendment 13

Proposal for a regulationArticle 1 – paragraph 1 – point 1Directive 86/278/EECArticle 10 – paragraph 1 – point e


(e) any other information with regard to the transposition and implementation of this Directive provided by the Member States to the Commission pursuant to Article 17.

deleted

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Justification

The proposed text would create a loop because of the reference to Article 17 which itself refers to an implementing act which has to set up requirements of Article 10.

Amendment 14

Proposal for a regulationArticle 1 – paragraph 1 – point 1Directive 86/278/EECArticle 10 – paragraph 1 – subparagraph 2


Spatial data services as defined in Article 3(4) of Directive 2007/2/EC of the European Parliament and of the Council* shall be used to present the spatial data sets included in the information registered in those records.

Spatial data services shall be used to present the spatial data sets included in the information registered in those records.

Justification

This paragraph should be placed separately as Article 2 e new for purposes of clarity as the definitions are placed in Article 2 of the basic act.

Amendment 15



The records referred to in paragraph 1 shall be made available to the public for each calendar year, within three months of the end of the relevant calendar year, in a consolidated format as laid down in the Annex to Commission Decision 94/741/EC** or another format provided pursuant to Article 17.

The records referred to in paragraph 1 shall be made available and easily accessible to the public for each calendar year, within three months of the end of the relevant calendar year, in a consolidated format as laid down in the Annex to Commission Decision 94/741/EC** or another format provided pursuant to Article 17.

Amendment 16

Proposal for a regulationArticle 1 – paragraph 1 – point 1Directive 86/278/EECArticle 10 – paragraph 3

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3. Information on the methods of treatment and the results of the analyses shall be released upon request to the competent authorities.

3. Information on the methods of treatment and the results of the analyses shall be released to the competent authorities.

Amendment 17

Proposal for a regulationArticle 2 – paragraph 1 – point 4Directive 2002/49/ECArticle 10 – paragraph 2


2. The Member States shall ensure that the information from strategic noise maps and summaries of the action plans as referred to in Annex VI are sent to the Commission within six months of the dates laid down in Articles 7 and 8 respectively. For that purpose, Member States shall only report the information electronically to the data repository to be established in accordance with the regulatory procedure with scrutiny referred to in Article 13(3). In case a Member State wants to update information, it shall describe the differences between the updated and original information and the reasons for the update when making the updated information available to the data repository.

2. The Member States shall ensure that the information from strategic noise maps and summaries of the action plans as referred to in Annex VI are sent to the Commission within six months of the dates laid down in Articles 7 and 8 respectively. For that purpose, Member States shall only report the information electronically to a mandatory data repository. In case a Member State wants to update information, it shall describe the differences between the updated and original information and the reasons for the update when making the updated information available to the data repository.

Amendment 18

Proposal for a regulationArticle 2 – paragraph 1 – point 4 a (new)Directive 2002/49/ECArticle 10 – paragraph 2 a (new)


4a. In Article 10, after paragraph 2, the following paragraph is inserted:

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“2a. The Commission shall adopt delegated acts in accordance with Article 12a to supplement this Directive concerning the setting up of the mandatory data repository referred to in paragraph 2, and the detailed rules of the digital information exchange mechanism to share the information from the strategic noise maps and summaries of action plans.".

Amendment 19

Proposal for a regulationArticle 2 – paragraph 1 – point 4 b (new)Directive 2002/49/ECArticle 12 a (new)


4b. The following Article is added:

“Article 12a

Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Article 10(2a) shall be conferred on the Commission for a period five years from... [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3. The delegation of power referred to in Article 10(2a) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take

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effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making*.

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6. A delegated act adopted pursuant to Article 10(2a) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

__________________

* OJ L 123, 12.5.2016, p. 1.”.

Amendment 20

Proposal for a regulationArticle 2 – paragraph 1 – point 5Directive 2002/49/ECAnnex VI – point 3


5. Annex VI point 3 is replaced by the following:

5. Annex VI point 3 is deleted.

3. Information exchange mechanism

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The Commission, assisted by the European Environment Agency, shall develop a mandatory digital information exchange mechanism to share the information from the strategic noise maps and summaries of action plans, as referred to in Article 10 (2) in accordance with the regulatory procedure with scrutiny referred to in Article 13(3).

Amendment 21

Proposal for a regulationArticle 3 – paragraph 1 – point -1 (new)Directive 2004/35/ECArticle 2 – paragraph 1 – point 16 a (new)


-1. In Article 2, the following point is added:

“16a. ‘spatial data services’ means the operations which may be performed, by invoking a computer application, on the spatial data contained in spatial data sets or on the related metadata as defined in Directive 2007/2/EC of the European Parliament and of the Council * ;

__________________* Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1).”.

Justification


Amendment 22


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Member States shall ensure that adequate and up-to-date information, at least on imminent threats of damage is available to the public in an open data format online, in accordance with Annex VI of this Directive and with Article 7(4) of Directive 2003/4/EC of the European Parliament and of the Council*. For each incident, the information listed in Annex VI of this Directive shall be provided as a minimum.

1. Member States shall ensure that adequate and up-to-date information, at least on imminent threats of damage is available to the public and to the Commission in an open data format online, in accordance with Annex VI of this Directive and with Article 7(4) of Directive 2003/4/EC of the European Parliament and of the Council*. For each incident, the information listed in Annex VI of this Directive shall be provided as a minimum.

Amendment 23

Proposal for a regulationArticle 3 – paragraph 1 – point 2Directive 2004/35/ECArticle 18 – paragraph 1 a (new)


1a. The Commission shall adopt a delegated act in accordance with Article 18a to amend Annex VI to this Directive concerning the detailed criteria according to which the scale and type of the environmental damage shall be classified.

Amendment 24



2. Spatial data services as defined in Article 3(4) of Directive 2007/2/EC of the European Parliament and of the Council** shall be used to present the spatial data sets, such as the spatial location of incidents, included in the information referred to in paragraph 1 of

2. Spatial data services shall be used to present the spatial data sets, such as the spatial location of incidents, included in the information referred to in paragraph 1 of this Article.

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this Article.

Amendment 25



3. The Commission services shall publish a Union-wide overview including maps on the basis of the data made available by the Member States pursuant to paragraph 1.

3. The Commission services shall publish a Union-wide overview including maps on the basis of the data made available by the Member States pursuant to paragraph 1 and update it regularly.

Amendment 26

Proposal for a regulationArticle 3 – paragraph 1 – point 2Directive 2004/35/ECArticle 18 – paragraph 4 – introductory part


4. The Commission shall, at regular intervals, carry out an evaluation of this Directive. The evaluation shall be based, inter alia, on the following elements:

4. The Commission shall, no later than 1 January 2022 and at least every five years thereafter, carry out an evaluation of this Directive and of its implementation. The evaluation shall be made publicly available and be based, inter alia, on the following elements:

Amendment 27

Proposal for a regulationArticle 3 – paragraph 1 – point 2Directive 2004/35/ECArticle 18 – paragraph 4 – point b a (new)


(ba) an analysis of the developments and relevant changes in the Member

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States.

Amendment 28



4a. The Commission shall within due course inform the European Parliament and the Council on the results of the evaluation referred to in paragraph 4 and, if necessary, present appropriate legislative proposals.

Amendment 29

Proposal for a regulationArticle 3 – paragraph 1 – point 2Directive 2004/35/ECArticle 18 – paragraph 4 b (new)


4b. The evaluation referred to in paragraph 4 shall also consider the extension of the definition of 'environmental damage' as defined in Article 2(1), and of the scope of this Directive to include damages to human health, in order to also include damages to the air which can have significant health risks.

Amendment 30

Proposal for a regulationArticle 3 – paragraph 1 – point 2 a (new)Directive 2004/35/ECArticle 18 a (new)

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2a. The following Article is inserted:

"Article 18a



2. The power to adopt delegated acts referred to in Article 18(1a) shall be conferred on the Commission for an indeterminate period from...[date of entry into force of this Regulation].

3. The delegation of power referred to in Article 18(1a) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making*.

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council

6. A delegated act adopted pursuant to Article 18(1a) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council

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have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council."

__________________

* OJ L 123, 12.5.2016, p. 1.”.

Amendment 31

Proposal for a regulationArticle 3 – paragraph 1 – point 3Directive 2004/35/ECAnnex VI – paragraph 1 – introductory part


The information referred to in Article 18(1) shall refer to emissions, events or incidents causing environmental damage or imminent threat of damage, with the following information and data for each instance:

The information referred to in Article 18(1) shall include a list of emissions, events or incidents causing environmental damage or imminent threat of damage, with the following information and data for each instance:

Amendment 32

Proposal for a regulationArticle 3 – paragraph 1 – point 3Directive 2004/35/ECAnnex VI – point 7 – point c a (new)


(ca) relevant judicial proceedings;

Amendment 33

Proposal for a regulationArticle 4 – paragraph 1 – point 1 – point a a(new)Directive 2007/2/ECArticle 21 – paragraph 2 – point c a (new)


(aa) in paragraph 2 the following point is inserted:

“(ca) an analysis of the development of the infrastructure for INSPIRE in the

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Member States;”;

Amendment 34



The Commission shall, at regular intervals, carry out an evaluation of this Directive. The evaluation shall be based, inter alia, on the following elements:

The Commission shall, no later than 1 January 2022 and at least every five years thereafter, carry out an evaluation of this Directive and of its implementation, and make it publicly available. The evaluation shall be based, inter alia, on the following elements:

Amendment 35



The Commission shall within due course inform the European Parliament and the Council on the results of the evaluation referred to in the second paragraph and, if necessary, present appropriate legislative proposals.

Amendment 36



1. Member States shall forward to the Commission every six years, at the same time as the report drawn up pursuant to

1. Member States shall forward to the Commission every six years, at the same time as the report drawn up pursuant to

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Article 17 of Council Directive 92/43/EEC*, a report on the implementation of the measures taken under this Directive and the main impacts of these measures. This report shall include in particular information concerning the status and trends of wild bird species protected by this Directive, the threats and pressures on them, the conservation measures taken for them and the contribution of the network of Special Protection Areas to the objectives laid out in Article 2 of this Directive.";

Article 17 of Council Directive 92/43/EEC*, a report on the implementation of the measures taken under this Directive and the main impacts of these measures. That report shall be made accessible to the public and shall include in particular information concerning the status and trends of wild bird species protected by this Directive, the threats and pressures on them, the conservation measures taken for them and the contribution of the network of Special Protection Areas to the objectives laid out in Article 2 of this Directive.

Amendment 37

Proposal for a regulationArticle 5 – paragraph 1 – point 2Directive 2009/147/ECArticle 12 – paragraph 2 – sentence 1


2. The Commission, assisted by the European Environment Agency, shall prepare every six years a composite report based on the information referred to in paragraph 1.

2. The Commission, assisted by the European Environment Agency, shall prepare and publish, every six years, a composite report based on the information referred to in paragraph 1.

Amendment 38

Proposal for a regulationArticle 6 – paragraph 1 – point 2 – point aDirective 2010/63/EUArticle 54 – paragraph 1 – subparagraph 3


The Commission services shall publish a Union overview on the basis of the data submitted by the Member States.

No later than 6 months after the submission by the Member States of the data referred to in the second subparagraph, the Commission services shall publish and regularly update a Union overview on the basis of that data.

Amendment 39

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Proposal for a regulationArticle 6 – paragraph 1 – point 2 – point bDirective 2010/63/EUArticle 54 – paragraph 4


4. The Commission shall establish a common format and information content for submitting the information referred to in paragraphs 1, 2 and 3 in accordance with the regulatory procedure referred to in Article 56(3).

4. The Commission shall establish a common format and information content for submitting the information referred to in paragraphs 1, 2 and 3 in accordance with the examination procedure referred to in Article 56(3).

Justification

The regulatory procedure is changed to an implementing act (examination procedure).

Amendment 40

Proposal for a regulationArticle 6 – paragraph 1 – point 2 a (new)Directive 2010/63/EUArticle 56 – paragraph 3

Present text Amendment

2a. In Article 56, paragraph 3 is replaced by the following:

3. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

"3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.";

Justification

The regulatory procedure is changed to an implementing act (examination procedure).

Amendment 41

Proposal for a regulationArticle 6 – paragraph 1 – point 3Directive 2010/63/EUArticle 57


3. Article 57 is deleted. 3. Article 57 is replaced by the following:

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“Article 57

Commission report

By 10 November 2020 and every three years thereafter, the Commission shall, based on the statistical information submitted by Member States under Article 54(2), submit to the European Parliament and the Council a summary report on that information.”.

Amendment 42



3a. in Article 58, the first paragraph is replaced by the following:

The Commission shall review this Directive by 10 November 2017, taking into account advancements in the development of alternative methods not entailing the use of animals, in particular of non-human primates, and shall propose amendments, where appropriate.

“The Commission shall review this Directive by 10 November 2024, taking into account advancements in the development of alternative methods not entailing the use of animals, in particular of non-human primates, and shall propose amendments, where appropriate.”.

Amendment 43

Proposal for a regulationArticle 7 – paragraph 1 – point 2Regulation (EC) No 166/2006Article 7 – paragraph 2


2. Member States shall provide, each year, to the Commission by electronic transfer a report containing all the data referred to in Article 5(1) and (2) in a format and by a date to be established by the Commission by means of implementing acts in accordance with the procedure referred to in Article 19(2). The reporting date shall be, in any case, no later than 9

2. No later than 31 March every year, Member States shall provide to the Commission by electronic transfer a report containing all the data referred to in Article 5(1) and (2) in a format to be established by the Commission by means of implementing acts in accordance with the procedure referred to in Article 19(2). The reporting date shall be, in any case, no later

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months after the end of the reporting year. than 9 months after the end of the reporting year.

Justification

Alignment with the timing of the Commission's report as stipulated in other amended proposals included in this basic act.

Amendment 44

Proposal for a regulationArticle 8 – paragraph 1Regulation (EU) No 995/2010Article 20 – paragraph 1


1. Member States shall make available to the public and the Commission, by 30 April of each year information on the application of this Regulation during the previous calendar year. The Commission may establish, by means of implementing acts, the format and procedure for Member States to make available such information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18(2).

1. Member States shall make available to the public and the Commission, at the latest by 30 April of each year information on the application of this Regulation during the previous calendar year. The Commission may establish, by means of implementing acts, the format and procedure for Member States to make available such information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18(2).

Amendment 45

Proposal for a regulationArticle 8 – paragraph 1Regulation 995/2010/EUArticle 20 – paragraph 3


3. By 3 December 2015 and every six years thereafter, the Commission shall, on the basis of information on and experience with the application of this Regulation, review the functioning and effectiveness of this Regulation, including in preventing illegally harvested timber or timber products derived from such timber being placed on the market. It shall in particular consider the administrative consequences

3. By 3 December 2021 and every five years thereafter, the Commission shall, on the basis of information on and experience with the application of this Regulation, review the functioning and effectiveness of this Regulation, including in preventing illegally harvested timber or timber products derived from such timber being placed on the market. It shall in particular consider the administrative

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for small and medium-sized enterprises and product coverage. The Commission shall report to the European Parliament and to the Council on the results of the review and accompany such reports, if necessary, by appropriate legislative proposals.

consequences for small and medium-sized enterprises and product coverage. The Commission shall report to the European Parliament and to the Council on the results of the review and accompany such reports, if necessary, by appropriate legislative proposals.

Justification

The European Parliament shall be given the possibility of reviewing the Commission's reports and eventual legislative proposals during each legislative term.

Amendment 46



1. Member States shall make available to the public and the Commission, by 30 April of each year, information on the application of this Regulation during the previous calendar year.

1. Member States shall make available to the public and the Commission, at the latest by 30 April of each year, information on the application of this Regulation during the previous calendar year.

Amendment 47



By December 2021 and every 6 years thereafter, the Commission shall, on the basis of information on and experience with the application of this Regulation, review the functioning and effectiveness of this Regulation. In doing so it should take into account the progress on implementation of the voluntary Partnership Agreements. The Commission shall report to the European Parliament and to the Council on the result of the review

By December 2021 and every 5 years thereafter, the Commission shall, on the basis of information on and experience with the application of this Regulation, review the functioning and effectiveness of this Regulation. In doing so it shall take the progress on implementation of the voluntary Partnership Agreements into account. The Commission shall report to the European Parliament and to the Council on the result of the review every 5

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and accompany such reports where appropriate, by proposals for improvement of the FLEGT licensing scheme.

years and accompany such reports where appropriate, by proposals for improvement of the FLEGT licensing scheme.

Amendment 48

Proposal for a regulationArticle 10 – paragraph 1 – point 1Regulation (EC) No 338/97Article 15 – paragraph 4 – point c


(c) Without prejudice to Article 20, the management authorities of the Member States shall, one year before each meeting of the Conference of the Parties to the Convention, communicate to the Commission all the information relating to the relevant preceding period required for drawing up the reports referred to in Article VIII.7 (b) of the Convention and equivalent information on the provisions of this Regulation that fall outside the scope of the Convention. The information to be communicated and the format for its presentation shall be specified by the Commission in accordance with the regulatory procedure referred to in Article 18(2).

(c) Without prejudice to Article 20, the management authorities of the Member States shall, one year before each meeting of the Conference of the Parties to the Convention, communicate to the Commission all the information relating to the relevant preceding period required for drawing up the reports referred to in Article VIII.7 (b) of the Convention and equivalent information on the provisions of this Regulation that fall outside the scope of the Convention. The format for its presentation shall be specified by the Commission in accordance with the examination procedure referred to in Article 18(2).

Justification

The information to be communicated should not be decided by the Commission and the regulatory procedure should be transformed into an implementing act (examination procedure).

Amendment 49

Proposal for a regulationArticle 10 – paragraph 1 a (new)Regulation (EC) No 338/97Article 18 – paragraph 2


In Article 18, paragraph 2 is replaced by the following:

2. Where reference is made to this "2. Where reference is made to this

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Article, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.".

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. As regards the Committee's tasks referred to in points 1 and 2 of Article 19, if, on the expiry of a period of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.

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EXPLANATORY STATEMENT

The Rapporteur welcomes the intention of the Commission to streamline the alignment of reporting obligations of the environment-related legislation, updating specific provisions of 10 sectoral directives and regulations. In the Rapporteur’s view, this Commission proposal comes in a conducive moment when efforts are made to simplify the environmental legislation, including reporting provisions, that has been gradually increasing since the 1970s.

Concretely, this legislative proposal derives from an updated action plan to streamline environmental reporting1, one of the outcomes of the Fitness Check evaluation on reporting and monitoring of Union environment policy2. Moreover, this Commission proposal complements the recently adopted decision on procedural rules in the field of environmental reporting3.

The Rapporteur supports the Commission’s aim to increase transparency, provide an evidence base for future evaluations, and to simplify and reduce administrative burden for Member States and Commission. She makes several suggestions to improve the legislative proposal that overall should modernise information management and diminish administrative burden. Furthermore, an enhanced legislative proposal will reduce costs for stakeholders, and increase benefits, by applying more widely the most efficient processes and by increasing the use of electronic tools and templates. With these improvements, data will be better collected and processed, offering faster comprehensive assessments for decision makers in Members States and at the Union level.

Certain suggestions proposed by the Rapporteur aim to offer a more transparent access to clear environmental information for various stakeholders, including the public, and contribute inter alia to priority objective 4 of the 7th Environment Action Programme4. For example, several amendments, concerning definitions of various terms within the basic acts referred within this proposal or detailing certain terms, intend to assure a better coherence, simplify the text and brings overall more clarity.

Some changes made by the Rapporteur enhance the role of co-legislators, including the one of the European Parliament, and clarify the role of the European Environment Agency (EEA) in the overall reporting and monitoring exercise.

The Rapporteur is of the opinion that detailed criteria according to which the scale and type of the environmental damage shall be classified within Directive 2004/35/EC 5are necessary.

1 Commission Report (COM(2017)0312). 2 SWD(2017)0230.3 Decision (EU) 2018/853 of the European Parliament and of the Council of 30 May 2018 amending Regulation (EU) No 1257/2013 and Directives 94/63/EC and 2009/31/EC of the European Parliament and of the Council and Council Directives 86/278/EEC and 87/217/EEC as regards procedural rules in the field of environmental reporting and repealing Council Directive 91/692/EEC.4 OJ L 354, 28.12.2013, p. 171-200.5 Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage.

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In case of Directive 2010/63/EC1, the Rapporteur introduces a requirement for the Commission not only to publish but also to regularly provide update on a Union overview based on the data submitted by the Member States.

As regards Regulation (EC) No 166/20062, a clear reporting deadline for Member States to provide to the Commission by electronic transfer all required data specified in this Regulation is also proposed.

In what concerns Regulation (EC) No 995/2010, the Rapporteur considers that the Parliament shall be given the possibility of reviewing the Commission's reports and eventual legislative proposals during each legislative term and therefore reduces the Commission’s review period from six to five years.

The Rapporteur considers that certain provisions referring to the use of the regulatory procedure with scrutiny within basic acts referred in this proposal should be aligned with the Lisbon Treaty. In that regard, the Rapporteur calls for the use of delegated acts in case of certain articles of some basic acts referred in this proposal, bringing more clarity to the power conferred to Commission by the two co-legislators: the Parliament and the Council. Details for the exercise of the delegation are also provided. Consequently, the suggested alignment with the Lisbon Treaty and especially the use of delegated acts will not only be an important update of the Commission proposal, but also will improve the overall reporting and monitoring exercise.

1 Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes.2 Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January 2006 concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC.

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2.10.2018

OPINION OF THE COMMITTEE ON AGRICULTURE AND RURAL DEVELOPMENT

for the Committee on the Environment, Public Health and Food Safety

on the proposal for a regulation of the European Parliament and of the Council on the alignment of reporting obligations in the field of environment policy and thereby amending Directives 86/278/EEC, 2002/49/EC, 2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/EU, Regulations (EC) No 166/2006 and (EU) No 995/2010, and Council Regulations (EC) No 338/97 and (EC) No 2173/2005(COM(2018)0381 – C8-0244/2018 – 2018/0205(COD))

Rapporteur for opinion: Nicola Caputo

SHORT JUSTIFICATION

The rapporteur welcomes the improvements made with regard to the transparency and simplification of Directive 2010/63/EU on the protection of animals used for scientific purposes, particularly the establishment of an open-access, searchable statistics database. The database will make it possible to monitor much more regularly the use of animals for scientific purposes, the strain on animals and the species used, particularly non-human primates. However, the Commission should still provide Parliament and the Council with a report giving an overview and interpretation of the raw statistics in the database. What is more, as the 2017 Commission report stressed, given that the current review is being carried out at an early stage in the implementation of the directive, to what extent strategic objectives are being met. In the conclusions to that report, some points were highlighted which would need to be changed in the future. The rapporteur therefore believes that the article on reviewing the directive must be retained.

AMENDMENTS

The Committee on Agriculture and Rural Development calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to take into account the following amendments:

Amendment 1

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Proposal for a regulationTitle 1


Proposal for aREGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILon the alignment of reporting obligations in the field of environment policy and thereby amending Directives 86/278/EEC, 2002/49/EC, 2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/EU, Regulations (EC) No 166/2006 and (EU) No 995/2010, and Council Regulations (EC) No 338/97 and (EC) No 2173/2005(Text with EEA relevance)

Proposal for aREGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILon the alignment of reporting obligations in the field of legislation related to the environment and thereby amending Directives 86/278/EEC, 2002/49/EC, 2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/EU, Regulations (EC) No 166/2006 and (EU) No 995/2010, and Council Regulations (EC) No 338/97 and (EC) No 2173/2005(Text with EEA relevance)

Justification

Amendment to the title reflecting that not all legal acts listed here are environmental legislation per se.

Amendment 2



(1) In order to address the need for implementation and compliance information, amendments of several pieces of environmental legislation should be introduced taking into account the results of the Commission Report on Actions to Streamline Environmental Report45 and its related Fitness Check46 .

(1) In order to address the need for implementation and compliance information, amendments of several pieces of legislation related to the environment should be introduced taking into account the results of the Commission Report on Actions to Streamline Environmental Report45 and its related Fitness Check46 .

_________________ _________________45 COM(2017) 312. 45 COM(2017) 312.46 SWD(2017) 230. 46 SWD(2017) 230.

Justification

In line with a similar amendment to the Title.

Amendment 3

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(2) It is necessary that accessibility to data should ensure that the administrative burden on all entities remains as limited as possible. It requires active dissemination at national level in accordance with Directives 2003/4/EC47 and 2007/2/EC48 of the European Parliament and of the Council and their implementing rules, to ensure the appropriate infrastructure for public access, reporting and data-sharing between public authorities.

(2) It is necessary that accessibility to data should ensure that the administrative burden on all entities remains as limited as possible, especially on non-governmental entities such as SMEs. It requires active dissemination at national level in accordance with Directives 2003/4/EC47 and 2007/2/EC48 of the European Parliament and of the Council and their implementing rules, to ensure the appropriate infrastructure for public access, reporting and data-sharing between public authorities.

_________________ _________________47 Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).

47 Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).



Amendment 4



(3) Data reported by Member States are essential for the Commission to monitor, review and assess the performance of the legislation against the objectives it pursues in order to inform any future evaluation of the legislation, in accordance with paragraph 22 of the Interinstitutional Agreement between the European Parliament, the Council of the European

(3) Data reported by Member States are essential for the Commission to monitor, review and assess the performance of the legislation against the objectives it pursues in order to inform any future evaluation of the legislation, in accordance with paragraph 22 of the Interinstitutional Agreement between the European Parliament, the Council of the European

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Union and the European Commission on Better Law-Making of 13 April 201649 . It is appropriate to add provisions to several legislative acts in the environmental sector for the purpose of their future evaluation, on the basis of data collected during implementation, possibly complemented by additional scientific, analytical data. In that context, there is a need for relevant data that will allow better assessment of the efficiency, effectiveness, relevance, coherence and EU value added of Union legislation, hence the necessity to ensure appropriate reporting mechanisms that can also serve as indicators for this purpose.

Union and the European Commission on Better Law-Making of 13 April 201649. It is appropriate to add provisions to several legislative acts in the environmental sector for the purpose of their future evaluation, on the basis of data collected during implementation, possibly complemented by additional scientific, analytical data. In that context, there is a need for relevant data that will allow better assessment of the efficiency, effectiveness, relevance, coherence and EU value added of Union legislation, hence the necessity to ensure appropriate reporting mechanisms that can also serve as indicators for this purpose both for decision-makers and the general public.

_________________ _________________49 OJ L 123, 12.5.2016, p. 1. 49 OJ L 123, 12.5.2016, p. 1.

Amendment 5



(9) It is necessary to amend the reporting obligations laid down in Articles 43, 54 and 57 of Directive 2010/63/EU of the European Parliament and of the Council56. These provisions include, with the objective of improving transparency and reducing administrative burden, the establishment of a central, open-access searchable database for non-technical project summaries and related retrospective assessments, conferral of implementing powers on the Commission to establish a common format for the submission of non-technical project summaries and related retrospective assessments, information on implementation and replacing the three-yearly statistical reporting by the Commission by the requirement of setting up a dynamic central database hosted by the Commission and releasing information on a yearly basis.

(9) It is necessary to amend the reporting obligations laid down in Articles 43, 54, 57 and 58 of Directive 2010/63/EU of the European Parliament and of the Council56. These provisions include, with the objective of improving transparency and reducing administrative burden, the establishment of a central, open-access searchable database for non-technical project summaries and related retrospective assessments, conferral of implementing powers on the Commission to establish a common format for the submission of non-technical project summaries and related retrospective assessments, information on implementation and replacing the three-yearly statistical reporting by the Commission by the requirement of setting up a dynamic central database hosted by the Commission and releasing information on a yearly basis. In accordance with

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Article 58 of Directive 2010/63/EU on the protection of animals used for scientific purposes56a, the review clause should be reconsidered with a view to a future revision following the publication of the Commission report.

__________________ __________________56 Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes (OJ L 276, 20.10.2010, p. 33).

56 Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes (OJ L 276, 20.10.2010, p. 33).56a COM (2017) 631 final, Report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions in accordance with Article 58 of Directive 2010/63/EU on the protection of animals used for scientific purposes.

Amendment 6

Proposal for a regulationArticle 1 – paragraph 1 – point 1Directive 86/278/EECArticle 10 – paragraph 1 – point d


(d) the names and addresses of the recipients of the sludge and the place where the sludge is to be used;

deleted

Justification

Concrete operating data, such the buyers of sewage sludge in this case, should not be publicly available. Data protection must be ensured. Publishing farmers' data may lead to harassment by environmentalist groups even if the farmers' activities are wholly legal. Such publication may cause farmers to be pilloried. The authorities must have the data available internally for the purposes of monitoring compliance with requirements and regulations.

Amendment 7

Proposal for a regulationArticle 1 – paragraph 1 – point 1Directive 86/278/EECArticle 10 – paragraph 1 – point e

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(e) any other information with regard to the transposition and implementation of this Directive provided by the Member States to the Commission pursuant to Article 17.

deleted

Justification

The proposed text would create a loop because of the reference to Article 17 which itself refers to an implementing act which has to set up requirements of Article 10.

Amendment 8



The Commission is empowered to lay down, by means of an implementing act, a format in accordance with which Member States are to provide information on the implementation of Directive 86/278/EEC as required by Article 10 of this Directive. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 15(2). The Commission services shall publish a Union-wide overview including maps on the basis of the data made available by the Member States pursuant to Articles 10 and 17..

The Commission is empowered to lay down, by means of an implementing act, a format in accordance with which Member States are to provide information on the implementation of Directive 86/278/EEC as required by Article 10 of this Directive. That implementing act, shall be adopted in accordance with the examination procedure referred to in Article 15(2). The Commission services shall publish a Union-wide overview including maps on the basis of the data made available by the Member States pursuant to Articles 10 and 17 and shall submit, every two years, to the European Parliament and the Council proposals for the better protection of soils and the environment.

Amendment 9



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2. The Member States shall ensure that the information from strategic noise maps and summaries of the action plans as referred to in Annex VI are sent to the Commission within six months of the dates laid down in Articles 7 and 8 respectively. For that purpose, Member States shall only report the information electronically to the data repository to be established in accordance with the regulatory procedure with scrutiny referred to in Article 13(3). In case a Member State wants to update information, it shall describe the differences between the updated and original information and the reasons for the update when making the updated information available to the data repository.

2. The Member States shall ensure that the information from strategic noise maps and summaries of the action plans as referred to in Annex VI are sent to the Commission within six months of the dates laid down in Articles 7 and 8 respectively. For that purpose, Member States shall only report the information electronically to a mandatory data repository. In case a Member State wants to update information, it shall describe the differences between the updated and original information and the reasons for the update when making the updated information available to the data repository.

Justification

Alignment of the basic act to the Delegated Acts procedure.

Amendment 10



4a. In Article 10, after paragraph 2, the following paragraph is inserted:

"2a. The Commission shall adopt delegated acts in accordance with Article 12a to supplement this Directive concerning the setting up of the mandatory data repository referred to in paragraph 2, and the detailed rules of the digital information exchange mechanism to share the information from the strategic noise maps and summaries of action plans."

Justification

Alignment of the basic act to the Delegated Acts procedure. This new paragraph is amending article 10(2) paragraph 5 and transforming it into a subparagraph of paragraph 2.

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Amendment 11

Proposal for a regulationArticle 2 – paragraph 1 – point 4 b (new)Directive 2002/49/ECArticle 12 a (new)


4b. The following Article is added:

“Article 12a



2. The power to adopt delegated acts referred to in Article 10(2a) shall be conferred on the Commission for a period five years from... [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3. The delegation of power referred to in Article 10(2a) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13

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April 2016 on Better Law-Making.


6. A delegated act adopted pursuant to Article 10(2a) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.”.

Justification

Alignment of basic act to the Delegated Acts procedure.

Amendment 12



5. Annex VI point 3 is replaced by the following:

5. Annex VI point 3 is deleted.

‘3. Information exchange mechanism

"The Commission, assisted by the European Environment Agency, shall develop a mandatory digital information exchange mechanism to share the information from the strategic noise maps and summaries of action plans, as referred to in Article 10 (2) in accordance with the regulatory procedure with scrutiny referred to in Article 13(3)."

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Justification

This amendment was reformulated and moved in article 10 paragraph 2 subparagraph 2a.

Amendment 13

Proposal for a regulationArticle 3 – paragraph 1 – point -1 (new)Directive 2004/35/ECArticle 3 – paragraph 1 – point b a (new)


-1. In Article 3, paragraph 1, the following point b a is added:

(ba) Damage caused by the introduction of foreign forest species that are unsuitable owing to their diminishing of local water sources or being highly flammable.

Amendment 14

Proposal for a regulationArticle 3 – paragraph 1 – point 3Directive 2004/35/ECAnnex VI – paragraph 1


1. scale and type of environmental damage, date of occurrence and/or discovery of the damage. The scale of environmental damage shall be classified as small, medium, large or very large. The type of environmental damage shall be classified as damage to water, marine environment, soil, nature/ecosystems or damage to human health caused by pollution;

1. scale and type of environmental damage, date of occurrence and/or discovery of the damage. The scale of environmental damage shall be classified as small, medium, large or very large. The type of environmental damage shall be classified as damage to water, marine environment, soil, nature/ecosystems, the countryside, or damage to human or animal health caused by pollution;

Amendment 15



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The European Environment Agency shall publish and update annually the Union-wide overview on the basis of metadata and data made available by the Member States through network services in accordance with Article 21. The Union-wide overview shall include, as appropriate, indicators for outputs, results and impacts of this Directive, Union-wide overview maps and Member State overview reports.

The European Environment Agency shall publish and update biannually the Union-wide overview on the basis of metadata and data made available by the Member States through network services in accordance with Article 21. The Union-wide overview shall include, as appropriate, indicators for outputs, results and impacts of this Directive, Union-wide overview maps and Member State overview reports.

Amendment 16

Proposal for a regulationArticle 6 – paragraph 1 – point 1 – point aDirective 2010/63/ECArticle 43 – paragraph 3


3. Member States shall, until 31 December 2020, publish the non-technical project summaries of authorised projects and any updates thereto. From 1 January 2021, Member States shall submit and publish the non-technical project summaries, at the latest within 6 months of authorisation, and any updates thereto, by electronic transfer to the Commission.

3. Member States shall, until 31 December 2021, publish the non-technical project summaries of authorised projects and any updates thereto. From 1 January 2022, Member States shall submit and publish the non-technical project summaries, at the latest within 6 months of authorisation, and any updates thereto, by electronic transfer to the Commission.

Amendment 17

Proposal for a regulationArticle 6 – paragraph 1 – point 2 – point aDirective 2010/63/ECArticle 54 – paragraph 1 – subparagraph 1


Member States shall by 30 September 2023, and every 5 years thereafter, send the information on the implementation of this Directive and in particular Articles 10(1), 26, 28, 34, 38, 39, 43 and 46 thereof.


Amendment 18

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No later than 6 months after their submission by the Member States of the data referred to in the second subparagraph, the Commission services shall publish a Union overview on the basis of the data submitted by the Member States.

Amendment 19

Proposal for a regulationArticle 6 – paragraph 1 – point 3Directive 2010/63/EUArticle 57


3. Article 57 is deleted. 3. Article 57 is is replaced by the following:

Article 57

Commission report

By 10 November 2020 and every three years thereafter, the Commission shall, based on the statistical information submitted by Member States under Article 54(2), submit to the European Parliament and the Council a summary report on that information.

Amendment 20



3a. in Article 58, paragraph 1 is

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replaced by the following:



Amendment 21



3. By 3 December 2015 and every six years thereafter, the Commission shall, on the basis of information on and experience with the application of this Regulation, review the functioning and effectiveness of this Regulation, including in preventing illegally harvested timber or timber products derived from such timber being placed on the market. It shall in particular consider the administrative consequences for small and medium-sized enterprises and product coverage. The Commission shall report to the European Parliament and to the Council on the results of the review and accompany such reports, if necessary, by appropriate legislative proposals.


Amendment 22



(c) Without prejudice to Article 20, the management authorities of the Member States shall, one year before each meeting of the Conference of the Parties to the Convention, communicate to the

(c) Without prejudice to Article 20, the management authorities of the Member States shall, one year before each meeting of the Conference of the Parties to the Convention, communicate to the

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Commission all the information relating to the relevant preceding period required for drawing up the reports referred to in Article VIII.7 (b) of the Convention and equivalent information on the provisions of this Regulation that fall outside the scope of the Convention. The information to be communicated and the format for its presentation shall be specified by the Commission in accordance with the regulatory procedure referred to in Article 18(2).

Commission all the information relating to the relevant preceding period required for drawing up the reports referred to in Article VIII.7 (b) of the Convention and equivalent information on the provisions of this Regulation that fall outside the scope of the Convention. The format for its presentation shall be specified by the Commission in accordance with the examination procedure referred to in Article 18(2).

Justification

The information to be communicated should not be decided by the Commission and the regulatory procedure should be transformed into an implementing act (examination procedure).

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PROCEDURE – COMMITTEE ASKED FOR OPINION

Title Alignment of reporting obligations in the field of environment policy

References COM(2018)0381 – C8-0244/2018 – 2018/0205(COD)

Committee responsible Date announced in plenary

ENVI11.6.2018

Opinion by Date announced in plenary

AGRI11.6.2018

Rapporteur Date appointed

Nicola Caputo28.6.2018

Date adopted 1.10.2018

Result of final vote +:–:0:

3840

Members present for the final vote John Stuart Agnew, Clara Eugenia Aguilera García, Eric Andrieu, Richard Ashworth, Daniel Buda, Nicola Caputo, Matt Carthy, Jacques Colombier, Michel Dantin, Paolo De Castro, Albert Deß, Diane Dodds, Jørn Dohrmann, Herbert Dorfmann, Norbert Erdős, Luke Ming Flanagan, Karine Gloanec Maurin, Esther Herranz García, Jan Huitema, Martin Häusling, Peter Jahr, Ivan Jakovčić, Jarosław Kalinowski, Zbigniew Kuźmiuk, Philippe Loiseau, Mairead McGuinness, Nuno Melo, Giulia Moi, Ulrike Müller, James Nicholson, Maria Noichl, Marijana Petir, Bronis Ropė, Maria Lidia Senra Rodríguez, Czesław Adam Siekierski, Tibor Szanyi, Marco Zullo

Substitutes present for the final vote Franc Bogovič, Michela Giuffrida, Elsi Katainen, Anthea McIntyre, Momchil Nekov, Molly Scott Cato, Vladimir Urutchev, Thomas Waitz

Substitutes under Rule 200(2) present for the final vote

Renata Briano

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FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

38 +ALDE Jan Huitema, Ivan Jakovčić, Elsi Katainen, Ulrike Müller

ECR Jørn Dohrmann, Zbigniew Kuźmiuk, Anthea McIntyre, James Nicholson

EFDD Giulia Moi, Marco Zullo

ENF Jacques Colombier, Philippe Loiseau

PPE Richard Ashworth, Franc Bogovič, Daniel Buda, Michel Dantin, Albert Deß, Herbert Dorfmann, Norbert Erdős, Esther Herranz García, Peter Jahr, Jarosław Kalinowski, Nuno Melo, Marijana Petir, Czesław Adam Siekierski, Vladimir Urutchev

S&D Clara Eugenia Aguilera García, Eric Andrieu, Nicola Caputo, Paolo De Castro, Michela Giuffrida, Karine Gloanec Maurin, Momchil Nekov, Maria Noichl, Tibor Szanyi

VERTS/ALE Bronis Ropė, Molly Scott Cato, Thomas Waitz

4 -EFDD John Stuart Agnew

GUE/NGL Matt Carthy, Luke Ming Flanagan, Maria Lidia Senra Rodríguez

0 0

Key to symbols:+ : in favour- : against0 : abstention

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27.9.2018

OPINION OF THE COMMITTEE ON LEGAL AFFAIRS

for the Committee on the Environment, Public Health and Food Safety

on the proposal for a regulation of the European Parliament and of the Council on the alignment of reporting obligations in the field of environment policy and thereby amending Directives 86/278/EEC, 2002/49/EC, 2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/EU, Regulations (EC) No 166/2006 and (EU) No 995/2010, and Council Regulations (EC) No 338/97 and (EC) No 2173/2005(COM(2018)0381 – C8-0244/2018 – 2018/0205(COD))

Rapporteur for opinion: Heidi Hautala

AMENDMENTS

The Committee on Legal Affairs calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to take into account the following amendments:

Amendment 1



(1a) This Regulation seeks to modernise information management and ensure a more consistent approach to the legislative acts within its scope by – according to the circumstances – simplifying reporting so as to reduce the administrative burden, enhancing the database for future evaluations, or increasing transparency for the benefit of the public.

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Amendment 2



(3) Data reported by Member States are essential for the Commission to monitor, review and assess the performance of the legislation against the objectives it pursues in order to inform any future evaluation of the legislation, in accordance with paragraph 22 of the Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 201649. It is appropriate to add provisions to several legislative acts in the environmental sector for the purpose of their future evaluation, on the basis of data collected during implementation, possibly complemented by additional scientific, analytical data. In that context, there is a need for relevant data that will allow better assessment of the efficiency, effectiveness, relevance, coherence and EU value added of Union legislation, hence the necessity to ensure appropriate reporting mechanisms that can also serve as indicators for this purpose.

(3) The process of Member States’ comprehensive and timely reporting of relevant data is essential for the Commission to monitor, review and assess the performance of the legislation against the objectives it pursues in order to inform any future evaluation of the legislation, in accordance with paragraph 22 of the Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 201649 . It is appropriate to add provisions to several legislative acts in the environmental sector for the purpose of their future evaluation, on the basis of data collected during implementation, possibly complemented by additional scientific, analytical data. In that context, there is a need for relevant data that will allow better assessment of the efficiency, effectiveness, relevance, coherence and EU value added of Union legislation, hence the necessity to ensure appropriate reporting mechanisms that can also serve as indicators for this purpose.

_________________ _________________49 OJ L 123, 12.5.2016, p. 1. 49 OJ L 123, 12.5.2016, p. 1.

Amendment 3



(7) Based on the Commission report to the Council and the European Parliament concerning the implementation of Directive 2007/2/EC and the REFIT evaluation52 , it is appropriate, with a view

(7) Based on the Commission report to the Council and the European Parliament concerning the implementation of Directive 2007/2/EC and the REFIT evaluation52 , it is appropriate, with a view

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to simplifying the implementation of that Directive and reducing administrative burden related to monitoring by Member States, to no longer require Member States to send to the Commission triennial reports, and the Commission to present to the European Parliament and to the Council a summary report, because the reporting Fitness Check confirmed the limited use of such reports.53

to simplifying the implementation of that Directive and reducing administrative burden related to monitoring by Member States, to no longer require Member States to send to the Commission triennial reports, and the Commission to present to the European Parliament and to the Council a summary report, because the reporting Fitness Check confirmed the limited use of such reports.53 Nevertheless, the Commission should continue to carry out, at regular intervals, an evaluation of that Directive and make it publicly available.

_________________ _________________52 COM(2016) 478 and SWD(2016) 273. 52 COM(2016) 478 and SWD(2016) 273.53 COM(2017) 312. 53 COM(2017) 312.

Justification

The current text of Directive 2007/2/EC requests the Commission to present a report to the European Parliament and the Council. Therefore, at least a regular evaluation, publicly available, is needed.

Amendment 4



The records referred to in paragraph 1 shall be made available to the public for each calendar year, within three months of the end of the relevant calendar year, in a consolidated format as laid down in the Annex to Commission Decision 94/741/EC** or another format provided pursuant to Article 17.

The records referred to in paragraph 1 shall be made available and easy accessible to the public for each calendar year, within three months of the end of the relevant calendar year, in a consolidated format as laid down in the Annex to Commission Decision 94/741/EC** or another format provided pursuant to Article 17.

Amendment 5


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3. Information on the methods of treatment and the results of the analyses shall be released upon request to the competent authorities.

3. Information on the methods of treatment and the results of the analyses shall be released to the competent authorities.

Amendment 6



The Commission is empowered to lay down, by means of an implementing act, a format in accordance with which Member States are to provide information on the implementation of Directive 86/278/EEC as required by Article 10 of this Directive. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 15(2). The Commission services shall publish a Union-wide overview including maps on the basis of the data made available by the Member States pursuant to Articles 10 and 17.

The Commission is empowered to lay down, by means of an implementing act, a format in accordance with which Member States are to provide information in due time on the implementation of Directive 86/278/EEC as required by Article 10 of this Directive. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 15(2). The Commission services shall publish a Union-wide overview including maps on the basis of the data made available by the Member States pursuant to Articles 10 and 17.

Amendment 7

Proposal for a regulationArticle 1 – paragraph 1 – point 2Directive 86/278/EECArticle 17 – paragraph 1 a (new)


The Commission shall, no later than 1 January 2021 and at least every three years thereafter, carry out an evaluation of this Directive and its implementation. The Commission shall report to the European Parliament and to the Council on the results of this evaluation and accompany such reports, if necessary, by

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appropriate legislative proposals.

Amendment 8



Member States shall ensure that the strategic noise maps they have made, and where appropriate adopted, and the action plans they have drawn up are made available and disseminated to the public in accordance with relevant EU legislation, in particular Directive 2003/4/EC of the European Parliament and of the Council* and Directive 2007/2/EC of the European Parliament and of the Council **, and in conformity with Annexes IV and V to Directive 2002/49/EC, including by means of available information technologies.

Member States shall ensure that the strategic noise maps they have made, and where appropriate adopted, and the action plans they have drawn up are made without delay available and disseminated to the public in accordance with relevant EU legislation, in particular Directive 2003/4/EC of the European Parliament and of the Council* and Directive 2007/2/EC of the European Parliament and of the Council **, and in conformity with Annexes IV and V to Directive 2002/49/EC, including by means of available information technologies.

Amendment 9



2. The Member States shall ensure that the information from strategic noise maps and summaries of the action plans as referred to in Annex VI are sent to the Commission within six months of the dates laid down in Articles 7 and 8 respectively. For that purpose, Member States shall only report the information electronically to the data repository to be established in accordance with the regulatory procedure with scrutiny referred to in Article 13(3). In case a Member State wants to update information, it shall describe the differences between the updated and

2. The Member States shall ensure that the information from strategic noise maps and summaries of the action plans as referred to in Annex VI are sent to the Commission within six months of the dates laid down in Articles 7 and 8 respectively. For that purpose, Member States shall only report the information electronically to the data repository. In case a Member State wants to update information, it shall describe the differences between the updated and original information and the reasons for the update when making the updated information available to the data

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original information and the reasons for the update when making the updated information available to the data repository.

repository. The Commission shall adopt delegated acts in accordance with Article 10a to supplement this Directive concerning the setting up of the data repository.

Amendment 10

Proposal for a regulationArticle 2 – paragraph 1 – point 4 a (new)Directive 2002/49/ECArticle 10 a (new)


4 a. The following Article is added:

Article 10a



2. The power to adopt delegated acts referred to in Article 10(2) shall be conferred on the Commission for a period of five years from... [OJ: date of entry into force of Regulation (EU) 2018/... of the European Parliament and of the Council*+]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3. The delegation of power referred to in Article 10(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the

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validity of any delegated acts already in force.

4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.


6. A delegated act adopted pursuant to Article 10(2) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

______________

* Regulation (EU) 2018/... of the European Parliament and of the Council of ... on [the alignment of reporting obligations in the field of environment policy ...], (OJ L ..., p. ...).+ OJ: Please insert in the text the number, of the Regulation contained in document 2018/0205(COD) and insert the number, name, date and OJ reference of that Regulation in the footnote.

Amendment 11


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"The Commission, assisted by the European Environment Agency, shall develop a mandatory digital information exchange mechanism to share the information from the strategic noise maps and summaries of action plans, as referred to in Article 10 (2) in accordance with the regulatory procedure with scrutiny referred to in Article 13(3).

The Commission, assisted by the European Environment Agency, shall adopt delegated acts in accordance with Article 10a to supplement this Directive concerning the development of a mandatory digital information exchange mechanism to share the information from the strategic noise maps and summaries of action plans, as referred to in Article 10 (2).

Amendment 12



1. Article 14(2) is deleted; 1. Article 14(2) is amended as follows:

The Commission, before 1 January 2021, shall present a report on the effectiveness of the Directive in terms of actual remediation of environmental damages, on the availability at reasonable costs and on conditions of insurance and other types of financial security for the activities covered by Annex III. The report shall also consider in relation to financial security the following aspects: a gradual approach, a ceiling for the financial guarantee and the exclusion of low-risk activities. In the light of that report, and of an extended impact assessment, including a cost-benefit analysis, the Commission shall, if appropriate, submit proposals for a system of harmonised mandatory financial security.

Justification

New obligations in relation to evaluation of the remediation of environmental damages and

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financial security should be updated.

Amendment 13



Member States shall ensure that adequate and up-to-date information, at least on imminent threats of damage is available to the public in an open data format online, in accordance with Annex VI of this Directive and with Article 7(4) of Directive 2003/4/EC of the European Parliament and of the Council*. For each incident, the information listed in Annex VI of this Directive shall be provided as a minimum.

1. Member States shall ensure that adequate and up-to-date information, inter alia on imminent threats of damage is directly available to the public and the Commission in an open data format online, in accordance with Annex VI of this Directive and with Article 7(4) of Directive 2003/4/EC of the European Parliament and of the Council*. For each incident, the information listed in Annex VI of this Directive shall be provided as a minimum.

Justification

This is to make sure that the Commission has access to the data in order to fulfil its obligation under article 18(3).

Amendment 14



3. The Commission services shall publish a Union-wide overview including maps on the basis of the data made available by the Member States pursuant to paragraph 1.

3. The Commission services shall publish a Union-wide overview including maps on the basis of the data made available by the Member States pursuant to paragraph 1 and update it regularly, at least on an annual basis.

Justification

An explicit reference to the obligation to regularly update the overview is needed.

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Amendment 15



4. The Commission shall, at regular intervals, carry out an evaluation of this Directive. The evaluation shall be based, inter alia, on the following elements:

4. The Commission shall, no later than 1 January 2021 and at least every three years thereafter, carry out an evaluation of this Directive. The evaluation shall be made publicly available and be based, inter alia, on the following elements:

Justification

An explicit reference to publicity of the evaluation is needed.

Amendment 16

Proposal for a regulationArticle 3 – paragraph 1 – point 2Directive 2004/35/ECArticle 18 – paragraph 4 – point a


(a) the experience gathered with the implementation of this Directive;

(a) the experience gathered with the implementation of this Directive, and the assessment of developments in the Member States, in terms of actual remediation of environmental damage, in particular in relation to any incidents of environmental damage caused by genetically modified organisms (GMOs), the application of this Directive to protected species and natural habitats, the right of an operator to limit his liability in accordance with the international conventions referred to in Article 4(3), and the exclusion of pollution covered by the international instruments listed in Annexes IV and V from the scope of this Directive;

(Part of this amendment reading “and the assessment of developments in the Member

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States” applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

Justification

In its current form the Directive requires Member States to report any specific developments or changes that may affect the scope of the regulations in question. The Commission proposal no longer makes provision for that assessment. It should nonetheless be included – at least as a general rule – so as to ensure comprehensive and consistent reporting.

Amendment 17

Proposal for a regulationArticle 3 – paragraph 1 – point 2Directive 2004/35/ECArticle 18 – paragraph 4 – point b a (new)


(b a) an analysis of the developments and changes within the relevant international fora and their implementation in the Member States.

Amendment 18



4 a The Commission shall report to the European Parliament and to the Council on the results of the evaluation referred to in paragraph 4 and accompany such report, if necessary, by appropriate legislative proposals.

Amendment 19

Proposal for a regulationArticle 3 – paragraph 1 – point 3Directive 2004/35/ECAnnex VI – point 7 – point c a (new)


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(ca) relevant judicial proceedings;

Amendment 20



The Commission shall, at regular intervals, carry out an evaluation of this Directive. The evaluation shall be based, inter alia, on the following elements:

The Commission shall, no later than 1 January 2021 and at least every three years thereafter, carry out an evaluation of this Directive and make it publicly available. The evaluation shall be based, inter alia, on the following elements:

Justification

The current text of Article 23 of Directive 2007/2/EC requests the Commission to present a report to the European Parliament and the Council. Therefore, an explicit reference to the publicity of the evaluation is needed.

Amendment 21



The Commission shall report to the European Parliament and to the Council on the results of the evaluation referred to in paragraph 2 and accompany such report, if necessary, by appropriate legislative proposals.

Amendment 22


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1. Member States shall forward to the Commission every six years, at the same time as the report drawn up pursuant to Article 17 of Council Directive 92/43/EEC*, a report on the implementation of the measures taken under this Directive and the main impacts of these measures. This report shall include in particular information concerning the status and trends of wild bird species protected by this Directive, the threats and pressures on them, the conservation measures taken for them and the contribution of the network of Special Protection Areas to the objectives laid out in Article 2 of this Directive.";

1. Member States shall forward to the Commission every six years, at the same time as the report drawn up pursuant to Article 17 of Council Directive 92/43/EEC*, a report on the implementation of the measures taken under this Directive and the main impacts of these measures. That report shall be made accessible to the public and shall include in particular information concerning the status and trends of wild bird species protected by this Directive, the threats and pressures on them, the conservation measures taken for them and the contribution of the network of Special Protection Areas to the objectives laid out in Article 2 of this Directive.

Amendment 23



1a. paragraph 1 a is inserted:

The relevant terrestrial and the marine part under this Directive shall be reported at the same time.

Amendment 24

Proposal for a regulationArticle 5 – paragraph 1 – point 2Directive 2009/147/ECArticle 12 – paragraph 2 – sentence 1


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2. The Commission, assisted by the European Environment Agency, shall prepare every six years a composite report based on the information referred to in paragraph 1.

2. The Commission, assisted by the European Environment Agency, shall prepare and publish, every six years, a composite report based on the information referred to in paragraph 1.

(This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

Amendment 25




Member States shall by 30 September 2023, and every 5 years thereafter, send without delay the information on the implementation of this Directive and in particular Articles 10(1), 26, 28, 34, 38, 39, 43 and 46 thereof.

Amendment 26



Member States shall submit and publish that data, by electronic transfer in a format established by the Commission in accordance with paragraph 4.

Member States shall submit and publish that data without delay, by electronic transfer in a format established by the Commission in accordance with paragraph 4.

Amendment 27

Proposal for a regulationArticle 6 – paragraph 1 – point 2 – point aDirective 2010/63/EUArticle 54 – paragraph 1 – subparagraph 3

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No later than 6 months after the submission by the Member States of the data referred to in the second subparagraph, the Commission services shall publish a Union overview on the basis of that data.

Amendment 28

Proposal for a regulationArticle 6 – paragraph 1 – point 2 – point aDirective 2010/63/EUArticle 54 – paragraph 1 a (new)


1 a. The Commission shall, no later than 1 January 2021 and at least every three years thereafter, carry out an evaluation of this Directive and its implementation, based in particular on the information received from the Member States under Article 54(1), and taking into account advancements in the development of alternative methods not entailing the use of animals. The Commission shall report to the European Parliament and to the Council on the results of this evaluation and accompany such report, if necessary, by appropriate legislative proposals.

Amendment 29



Member States shall collect and make publicly available, on an annual basis, statistical information on the use of animals in procedures, including information on the actual severity of the

Member States shall collect and make publicly available, on an annual basis, and without delay statistical information on the use of animals in procedures, including information on the actual severity of the

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procedures and on the origin and species of non-human primates used in procedures.

procedures and on the origin and species of non-human primates used in procedures.

Amendment 30



Member States shall submit that statistical information to the Commission, at the latest by 30 September of the following year, by electronic transfer, in a non-summarised format established by the Commission in accordance with paragraph 4.

Member States shall submit that statistical information to the Commission, at the latest by 30 September of the following year, by electronic transfer, in a summarised and non-summarised format established by the Commission in accordance with paragraph 4.

Amendment 31

Proposal for a regulationArticle 6 – paragraph 1 – point 2 – point bDirective 2010/63/EUArticle 54 – paragraph 4


4. The Commission shall establish a common format and information content for submitting the information referred to in paragraphs 1, 2 and 3 in accordance with the regulatory procedure referred to in Article 56(3).;

4. The Commission shall establish a common format and information content for submitting the information referred to in paragraphs 1, 2 and 3 in accordance with the examination procedure referred to in Article 56(3).

Amendment 32



2 a. In Article 56, paragraph 3 is replaced by the following:

3. Where reference is made to this 3. Where reference is made to this

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paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Amendment 33

Proposal for a regulationArticle 7 – paragraph 1 – point 1Regulation (EC) No 166/2006Article 5 – paragraph 1 – subparagraph 2


The operator of each facility that undertakes one or more of the activities specified in Annex I, above the applicable capacity thresholds specified therein, shall communicate by electronic means to its competent authority the information identifying the facility in accordance with the format referred to in Article 7(2) unless that information is already available to the competent authority.;

The operator of each facility that undertakes one or more of the activities specified in Annex I, above the applicable capacity thresholds specified therein, shall communicate without delay by electronic means to its competent authority the information identifying the facility in accordance with the format referred to in Article 7(2) unless that information is already available to the competent authority.;

Amendment 34

Proposal for a regulationArticle 7 – paragraph 1 – point 3Regulation (EC) No 166/2006Article 11


3. Article 11 is replaced by the following:

deleted

‘Article 11

Confidentiality

Whenever information is considered confidential by a Member State in accordance with Article 4 of Directive 2003/4/EC of the European Parliament and of the Council, the report referred to in Article 7(2) of this Regulation for the reporting year concerned shall indicate separately for each facility which information cannot be made public and

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why. That reason shall be made public.

Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information (OJ L 41, 14.2.2003, p. 26).";’

Justification

The E-PRTR regulation is an important instrument in the EU environmental aquis because of the information that makes it publicly available on the performance of large industries. Therefore, the current wording and application of Article 11 in the current regulation is in line with its purpose and there is no need for amending it concerning the reporting of confidential data and the deletion of articles 16 and 17.

Amendment 35



1. Member States shall make available to the public and the Commission, by 30 April of each year information on the application of this Regulation during the previous calendar year. The Commission may establish, by means of implementing acts, the format and procedure for Member States to make available such information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18(2).

1. Member States shall make available to the public and the Commission, at the latest by 30 April of each year information on the application of this Regulation during the previous calendar year. The Commission may establish, by means of implementing acts, the format and procedure for Member States to make available such information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18(2).

Amendment 36



2. Based on the information referred to in paragraph 1, the Commission services shall make publicly available, on an annual

2. Based on the information referred to in paragraph 1, the Commission services shall make without delay publicly

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basis, a Union-wide overview on the basis of the data submitted by the Member States. In preparing the overview, the Commission services shall have regard to the progress made in respect of the conclusion and operation of the FLEGT VPAs pursuant to Regulation (EC) No 2173/2005 and their contribution to minimising the presence of illegally harvested timber and timber products derived from such timber on the internal market.

available, on an annual basis, a Union-wide overview on the basis of the data submitted by the Member States. In preparing the overview, the Commission services shall have regard to the progress made in respect of the conclusion and operation of the FLEGT VPAs pursuant to Regulation (EC) No 2173/2005 and their contribution to minimising the presence of illegally harvested timber and timber products derived from such timber on the internal market.

Amendment 37




3. By 3 December 2015 and every three years thereafter, the Commission shall, on the basis of information on and experience with the application of this Regulation, review the functioning and effectiveness of this Regulation, including in preventing illegally harvested timber or timber products derived from such timber being placed on the market. It shall in particular consider the administrative consequences for small and medium-sized enterprises and product coverage. The Commission shall report to the European Parliament and to the Council on the results of the review and accompany such reports, if necessary, by appropriate legislative proposals.

Amendment 38



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1. Member States shall make available to the public and the Commission, by 30 April of each year, information on the application of this Regulation during the previous calendar year.

1. Member States shall make available to the public and the Commission, at the latest by 30 April of each year, information on the application of this Regulation during the previous calendar year.

Amendment 39



By December 2021 and every 6 years thereafter, the Commission shall, on the basis of information on and experience with the application of this Regulation, review the functioning and effectiveness of this Regulation. In doing so it should take into account the progress on implementation of the voluntary Partnership Agreements. The Commission shall report to the European Parliament and to the Council on the result of the review and accompany such reports where appropriate, by proposals for improvement of the FLEGT licensing scheme.

By December 2021 and every three years thereafter, the Commission shall, on the basis of information on and experience with the application of this Regulation, review the functioning and effectiveness of this Regulation. In doing so it should take into account the progress on implementation of the voluntary Partnership Agreements. The Commission shall report to the European Parliament and to the Council on the result of the review and accompany such reports where appropriate, by proposals for improvement of the FLEGT licensing scheme.

Amendment 40



(c) Without prejudice to Article 20, the management authorities of the Member States shall, one year before each meeting of the Conference of the Parties to the Convention, communicate to the Commission all the information relating to the relevant preceding period required for drawing up the reports referred to in Article VIII.7 (b) of the Convention and equivalent information on the provisions of

(c) Without prejudice to Article 20, the management authorities of the Member States shall, one year before each meeting of the Conference of the Parties to the Convention, communicate to the Commission all the information relating to the relevant preceding period required for drawing up the reports referred to in Article VIII.7 (b) of the Convention and equivalent information on the provisions of

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this Regulation that fall outside the scope of the Convention. The information to be communicated and the format for its presentation shall be specified by the Commission in accordance with the regulatory procedure referred to in Article 18(2).

this Regulation that fall outside the scope of the Convention. The information to be communicated and the format for its presentation shall be specified by the Commission in accordance with the examination procedure referred to in Article 18(2).

Amendment 41

Proposal for a regulationArticle 10 – paragraph 1 a (new)Regulation (EC) No 338/97Article 18 – paragraph 2


1 a. In Article 18, paragraph 2 is replaced by the following:

2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. As regards the Committee's tasks referred to in points 1 and 2 of Article 19, if, on the expiry of a period of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.

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PROCEDURE – COMMITTEE ASKED FOR OPINION




ENVI11.6.2018

Opinion by Date announced in plenary

JURI11.6.2018

Rapporteur Date appointed

Heidi Hautala9.7.2018

Discussed in committee 3.9.2018



1902

Members present for the final vote Max Andersson, Joëlle Bergeron, Marie-Christine Boutonnet, Jean-Marie Cavada, Rosa Estaràs Ferragut, Heidi Hautala, Sylvia-Yvonne Kaufmann, António Marinho e Pinto, Emil Radev, Evelyn Regner, Pavel Svoboda, Axel Voss, Francis Zammit Dimech, Tadeusz Zwiefka

Substitutes present for the final vote Sergio Gaetano Cofferati, Geoffroy Didier, Pascal Durand, Jytte Guteland, Jiří Maštálka


Guillaume Balas, John Howarth, Christelle Lechevalier

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FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

19 +ALDE Jean-Marie Cavada, António Marinho e Pinto

EFDD Joëlle Bergeron

GUE/NGL Jiří Maštálka

PPE Geoffroy Didier, Rosa Estaràs Ferragut, Emil Radev, Pavel Svoboda, Axel Voss, Francis Zammit Dimech, Tadeusz Zwiefka

S&D Guillaume Balas, Sergio Gaetano Cofferati, Jytte Guteland, John Howarth, Sylvia-Yvonne Kaufmann, Evelyn Regner

VERTS/ALE Max Andersson, Pascal Durand

0 -

2 0ENF Marie-Christine Boutonnet, Christelle Lechevalier


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PROCEDURE – COMMITTEE RESPONSIBLE



Date submitted to Parliament 31.5.2018


ENVI11.6.2018

Committees asked for opinions Date announced in plenary

ITRE11.6.2018

AGRI11.6.2018

JURI11.6.2018

Not delivering opinions Date of decision

ITRE19.6.2018

Rapporteurs Date appointed

Adina-Ioana Vălean14.5.2018

Discussed in committee 29.8.2018



5311

Members present for the final vote Marco Affronte, Pilar Ayuso, Ivo Belet, Simona Bonafè, Biljana Borzan, Lynn Boylan, Paul Brannen, Soledad Cabezón Ruiz, Birgit Collin-Langen, Miriam Dalli, Seb Dance, José Inácio Faria, Francesc Gambús, Arne Gericke, Jens Gieseke, Julie Girling, Sylvie Goddyn, Françoise Grossetête, Andrzej Grzyb, Jytte Guteland, György Hölvényi, Benedek Jávor, Karin Kadenbach, Urszula Krupa, Giovanni La Via, Jo Leinen, Peter Liese, Valentinas Mazuronis, Joëlle Mélin, Susanne Melior, Miroslav Mikolášik, Rory Palmer, Gilles Pargneaux, Bolesław G. Piecha, Pavel Poc, Julia Reid, Frédérique Ries, Michèle Rivasi, Annie Schreijer-Pierik, Renate Sommer, Nils Torvalds, Adina-Ioana Vălean

Substitutes present for the final vote Cristian-Silviu Buşoi, Jørn Dohrmann, Linnéa Engström, Eleonora Evi, Fredrick Federley, Christophe Hansen, Jan Huitema, Norbert Lins, Tilly Metz, Younous Omarjee, Gabriele Preuß, Bart Staes


Anthea McIntyre, Kati Piri

Date tabled 15.10.2018

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FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

53 +ALDE Fredrick Federley, Jan Huitema, Valentinas Mazuronis, Frédérique Ries, Nils Torvalds

ECR Jørn Dohrmann, Arne Gericke, Urszula Krupa, Anthea McIntyre, Bolesław G. Piecha

EFDD Eleonora Evi

ENF Sylvie Goddyn

GUE/NGL Lynn Boylan, Younous Omarjee

PEE Pilar Ayuso, Ivo Belet, Cristian-Silviu Buşoi, Birgit Collin-Langen, José Inácio Faria, Francesc Gambús, Jens Gieseke, Julie Girling, Françoise Grossetête, Andrzej Grzyb, Christophe Hansen, György Hölvényi, Giovanni La Via, Peter Liese, Norbert Lins, Miroslav Mikolášik, Annie Schreijer-Pierik, Renate Sommer, Adina-Ioana Vălean

S&D Biljana Borzan, Paul Brannen, Soledad Cabezón Ruiz, Miriam Dalli, Seb Dance, Jytte Guteland, Karin Kadenbach, Jo Leinen, Susanne Melior, Rory Palmer, Gilles Pargneaux, Kati Piri, Pavel Poc, Gabriele Preuß

VERTS/ALE Marco Affronte, Linnéa Engström, Benedek Jávor, Tilly Metz, Michèle Rivasi, Bart Staes

1 -EFDD Julia Reid

1 0ENF Joëlle Mélin


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