Voorbereiding Milieuraad: zwemwaterrichtlijn, klimaat en chemicaliën (en)

The final meeting of EU environment ministers under Italian Presidency will take place on Monday 22 December in Brussels. Environment Commissioner Margot Wallström will represent the Commission at the meeting. The only item on the agenda where a decision could be taken is on the revision of the Bathing Water Directive where ministers might reach a political agreement. Commissioner Wallström looks forward to constructive policy debates with ministers on a series of recent Commission proposals including the project mechanisms under the Kyoto Protocol, the new chemicals policy REACH and the Environment Policy Review.

Bathing water

The Commission adopted its Proposal for a new Bathing Water Directive in October 2002. It updates the current Directive from 1976 and aims to give bathers better health protection when swimming in sea and inland bathing waters of the EU. It brings quality standards in line with the latest available scientific evidence, in particular that provided by WHO. This includes allowing for a maximum risk of contracting diseases (gastro-enteritis) of 5%.

The main outstanding issues that will be debated are:

• the level of protection, i.e. the maximum permitted risk of contracting disease

• the provisions in the event of on short-term pollution incidents

An agreement might be found on the question of "short-term pollution". However, on the question of the level of protection, the Commission disagrees with the current compromise text put forward by the Presidency on two issues:

Firstly, it would establish a health risk of about 10 %, which is too modest compared to the current 1976 Directive level of 12%. The Commission's proposal is 5%.

Secondly, the compromise text does not provide for any binding values and deadlines linked to achieving the 5 % risk objective.

The Commission believes an agreement based on the compromise would have limited health and environment benefits. It does not take into account the objectives of and expected improvements which will result from the implementation of the Water Framework and other water related Directives. The Commission would therefore prefer to continue to work towards a strong agreement rather than an agreement which would weaken the protection of citizens' health.

The Kyoto project-based mechanisms

The Commission presented its proposal on the use of the flexible mechanisms under the Kyoto Protocol, the so-called Joint Implementation (JI) and Clean Development Mechanism (CDM), in July 2003. It is linked to the EU's emissions trading scheme, which will come into effect in January 2005. As the European Parliament is not expected to complete its first reading until March 2004, discussions will not be concluded during this Council. A Policy debate is foreseen on two issues:

Timing: should credits that are generated by the project-based mechanisms be recognised early by the emissions trading scheme and would this help build confidence in the global partnership for fighting climate change?

Quantitative limits to credit conversion: should there be a limit to the number of credits generated by project activities that can be introduced into the emissions trading scheme?

On the question of timing, the Commission has proposed 2008. On the second question, the Commission has proposed to review whether or not to introduce a limit when 6% of credits entering the emissions trading system are reached through JI and CDM.

Also related to climate change, ministers will consider the results of the recent COP9 conference in Milan and follow-up activities.

Chemicals package (REACH)

The Commission will present a Progress report on the REACH Proposal and a public debate will take place. It will be the first debate by environment ministers after the Commission adopted its proposal for a new EU regulatory framework for chemicals on 29 October. Under the proposed new system called REACH (Registration, Evaluation and Authorisation of CHemicals), enterprises that manufacture or import more than one tonne of a chemical substance per year would be required to register it in a central database. The aims of the proposed new Regulation are to improve the protection of human health and the environment while maintaining the competitiveness and enhancing the innovative capability of the EU chemicals industry.

Atmospheric emissions from ships

In November 2002, the Commission adopted a Communication entitled "A European Union strategy to reduce the atmospheric emissions from seagoing ships." Reducing emissions of air pollutants and greenhouse gases from ships is a priority for the Commission. If nothing is done, then by 2020 ships in EU waters will emit more air pollutants than all land-based sources combined. The Commission welcomes the fact that this important item is on the agenda, it is the first time Ministers will have a discussion on it. Council Conclusions are expected to be adopted and the Commission welcomes the call for Member States to ratify the MARPOL Convention (International Maritime Organisation's Convention on Air Pollution from Ships). The Commission also welcomes the Council's commitment to speed up progress on the marine sulphur proposal and hopes that a common position will emerge in early 2004.

Amendment of LIFE Regulation 1655/2000

The current LIFE Regulation expires on 31 December 2004. The Commission has proposed a two-year extension to LIFE III in order to bridge the gap between the current situation and the new financial perspectives after 2006. The proposal for an extension is based on the conclusions of a mid-term review and on the good budgetary performance of LIFE III to date. The Commission hopes to get a First Reading approval of the two-year extension that will cover 2005-2006.

COP 7 on the Convention on Biological Diversity

The EU's position and main political priorities for two upcoming conferences to take place in Kuala Lumpur, Malaysia, are expected to be adopted. The seventh meeting of the Conference of the Parties to the Convention on Biological Diversity (COP 7) will take place on 9-20 February 2003, and the first Meeting of the Parties to the Cartagena Protocol on Bio-safety (MOP1) on 23-27 February 2003.

Those main priorities are as follows:

• to demonstrate the global commitment that was made at WSSD in Johannesburg to significantly reduce bio-diversity loss by 2010, and to move from policy development to implementation;

• to adopt, in line with the 2010 target, a Decision on Protected Areas that is based on a commitment to manage effectively a network of national and regional Protected Areas;

• to follow up, in response to a call from certain developing countries, on a WSSD commitment to negotiate a legally-binding mechanism on sharing the benefits of genetic resources;

• to strengthen the implementation of the Convention on Bio-diversity (CBD) Strategic Plan, establishing effective mechanisms for monitoring progress towards the 2010 target, improving the way that the Convention bodies function, adopting the CBD multi-year work programme until 2010, adopting work programmes on mountain bio-diversity and technology transfer and promoting co-operation between the CBD and other Multilateral Environmental Agreements (MEA).

Environment Policy Review

Commissioner Wallström will present the first Environment Policy Review, entitled "Strengthening the environmental pillar of the Lisbon strategy," which was adopted on 4 December 2003. A short exchange of views is expected at the Council, and preliminary conclusions should be adopted. Taking into account the report's value and complexity, the Council will further examine its contents before adopting more detailed conclusions that will form part of its contribution to the preparation of the 2004 Spring European Council.

Report on the European Environment Agency

The Commissioner will also submit a report on the work of the EEA. It will give an overall appraisal of the agency's work and present its views on, among other things, its mission, how it is resourced and issues like enlargement and governance.

Any other business

Among the issues under this heading is a statement from Commissioner Wallström on the EU strategy for reducing CO2 emissions from cars. The Commission has started talks with the Car Manufacturers' Associations ACEA, JAMA and KAMA on the future of the strategy to meet the goal of 120 g CO2/km by 2010.

The Council will also have to decide definitively on the agreement on "Ecopoints" reached between the European Parliament and the Council through conciliation on 25th November 2003. The EP supported this agreement in its plenary session on 19 December. This new regime will prorogate the current system applicable in Austria on road transport transit. If this regime is not adopted before 1st January 2004, the specific treatment granted to Austria would stop and the normal rules on freedom of circulation would apply.