EUROPEAN PARLIAMENT
Resolution on a communication from the Commission on
implementing Community environmental law
The European Parliament
- having regard to its opinion of 14 December 1990 on the
proposal for a Council Directive on harmonizing and rationalizing
reports on the implementation of certain Directives relating to
the environment[107]
and its resolution of 8 April 1992 on implementation of Community
environmental law[108],
- having regard to the conclusions of its joint hearing with
the Commission in May 1996 on making environmental legislation
work,
- having regard to the Commission's commitment in the 4th
environmental action programme (Council resolution of 19 October
1987)[109] and in the
5th environmental action programme (Council resolution of 1 February
1993)[110],
- having regard to Articles 155, 169 and 171 of the EC Treaty,
- having regard to the annual Commission reports on the monitoring
and application of Community law,
- having regard to the report of the Committee on the Environment,
Public Health and Consumer Protection and the opinion of the Committee
on Legal Affairs and Citizens' Rights (A4-0109/97),
A. whereas the European Parliament is committed to sustainable
development as a priority objective for the European Union,
B. whereas the European Parliament considers that effective
implementation of Community environmental legislation is vital
for realising sustainability,
C. whereas the European Parliament is concerned to conserve
the resources of the Union in the name of its present and future
citizens,
D. whereas it favours the comprehensive participation of non-governmental
organizations and the public in the implementation of Community
environmental law,
1. Calls on the Commission to codify Community environmental
legislation to improve its coherence and transparency;
2. Calls on the Commission to propose legislation to
ensure that the Community budget annually earmarks a proportion
of its funds to ensure implementation of environmental legislation;
3. Calls for general priority to be given to environmental
objectives in the EU budget (Greening of the budget);
4. Calls on the Commission to produce and publicize an
Annual Report on progress in adopting and implementing Community
environmental law, containing detailed tables showing its implementation;
5. Calls on the Council and Commission to publicize all
declarations that have been agreed in Council in connection with
the adoption of environmental legislation;
6. Calls on the Commission to recognise that improving
the implementation and enforcement of Community environmental
law requires an increase in staff and resources of the Commission
Directorate-General for Environment (DG IX);
7. Calls on the Commission within the lifetime of this
Parliament to propose legislation requiring each Member State
to have an environmental inspectorate, established on the basis
of best available practice in the Member States and subject to
monitoring and oversight by the Commission, which should also
issue guidelines for the Member States concerning the transposition
of all Community environmental legislation;
8. Calls on the Commission to bring forward proposals
within the lifetime of this Parliament which link its own work
with that of the European Environment Agency (EEA) and of the
European Union Network for the Implementation and Enforcement
of Environmental Law (IMPEL) in order to ensure adequate monitoring
of the national inspection agencies;
9. Calls on the Member States in their own interest to
develop training schemes for national regulatory bodies and civil
servants to enable them to become familiar with, and understand
the implications of, Community environmental law;
10. Calls on the Commission, when submitting proposals, to
hold a round of consultations of the parties affected, and to
make the results of such consultations available to the European
Parliament;
11. Calls for official communications between the Commission
and Member States related to Article 169 of the EC Treaty to be
made available to the European Parliament;
12. Calls on the Commission to introduce within the lifetime
of this Parliament a legislative proposal on access to justice
giving individuals and organisations extensive rights of legal
standing before their national courts in the event of alleged
breaches of environmental legislation, in order to reduce costs
and promote efficiency;
13. Calls on the IGC to ensure that following its conclusion
all environment legislation is subject to the codecision procedure;
14. Calls on the IGC to amend the Treaty so as to allow certain
organisations, to be determined jointly with the European Parliament,
to challenge Community decisions on environmental matters before
the Court of Justice of the European Communities;
15. Calls on the Council to place a discussion on the implementation
and enforcement of environmental legislation as a regular point
on its agenda;
16. Calls on the Commission to bring forward proposals for
the thorough and timely application of Article 171 of the EC Treaty
to breaches of environmental law;
17. Calls for greater regularity of automatic initiation of
legal proceedings in cases where Member States have failed to
comply with all provisions of a Directive or where they have failed
to communicate the same to the Commission, obviating the need
for political decisions by the Commission;
18. Instructs its President to forward this resolution to
the Commission, the Council and the governments of the Member
States.
A4-0109/97
15 May 1997
107
OJ C 19, 28.1.1991, P. 587. Back
108
OJ C 125, 18.5.1992, p. 122. Back
109
OJ C 328, 7.12.1987, chapter 2.2. Back
110
OJ C 138 , 17.5.1993, chapter 9. Back
