Agenda Milieuraad: fluorhoudende broeikasgassen, mijnafval, klimaatverandering, preventie overstromingen, Lissabon (en)

The first formal Environment Council under the Dutch Presidency will take place in Luxembourg on 14 October. Margot Wallström will represent the Commission at this, her last Council as EU Environment Commissioner. Margot Wallström hopes that ministers will be able to reach political agreements on two Commission proposals from last year: one on fluorinated greenhouse gases and one on mining waste. A number of Council conclusions are on the agenda on issues such as the next conference of the UN climate change convention, flood prevention and management, urban environment and the contribution of eco-efficient innovations to reach the targets of the Lisbon Strategy. Other points on the agenda include debates on the financing of Natura 2000 and on sustainable road transport. Over lunch, ministers will hold a debate about the future of climate change policy. A joint press conference by the Dutch Presidency and the Commission is foreseen at the end of the Council meeting.

Fluorinated greenhouse gases

The Commission hopes that the Council will reach a political agreement on this important proposal from August 2003. It will contribute to reaching the Kyoto targets of cutting greenhouse emissions by controlling emissions from fluorinated gases. The gases are very powerful and long-lived greenhouse gases. They are used in refrigeration, air conditioning, fire-fighting equipment and various industry processes. The Commission proposed rules to prevent and minimise leakages of such gases, asking for their recovery and prescribing training and certification programmes for personnel handling these gases. It also proposed a phase-out system for air conditioning in cars using fluorinated gases (see IP/03/1155).

The major issue to be solved at the Council concerns the legal base. The Commission proposed Article 95 as the legal base (`internal market' article). The Presidency is proposing to split the proposal in two parts. The first part would be a Regulation on fluorinated gases to be jointly based on Articles 95 and 175. The joint base would allow Member states to protect their stronger national legislation or to be able to take additional national measures on certain obligations such as containment, recovery, training, certification and reporting, while at the same time safeguarding the internal market. The Commission supports the Presidency compromise on this point.

The second part would be a Directive on emissions from air conditioning systems in cars, based on Article 95. Here, the main outstanding issue is about the start and end date of the phase out of the F-gas HFCs. The Commission proposed that the phase out should start in 2010 and end in 2016.

The Commission believes that it is important to agree on an early phase out date. Every year that a decision on the phase out is delayed 15 million more cars are put on the market and additional emissions of about 25 million tonnes of CO2 equivalent will be emitted into the atmosphere.

There will be public debate by ministers on this point.

Mining waste

This point will also be the subject of a public debate, and a political agreement is expected. The Commission proposal of June 2003 aims to minimise the environmental and human health effects of waste from mining activities and to help prevent serious accidents caused by mismanagement of mining waste like Baia Mare, where the entire Danube river was polluted with cyanide. It also sets out rules to prevent and minimise accidents by ensuring long-term stability of tailing dams and ponds (see IP/03/784).

A few items remain to be resolved at the Council. Firstly the scope of the Directive. This concerns on the one hand the extent to which non-hazardous non-inert waste is covered by the Directive and on the other hand the definition of a `waste facility'. Then, secondly, the financial guarantees for rehabilitation and after-care. The final item is the transitional period for facilities that are under closure. The Commission supports the compromise drawn up by the Presidency, which maintains the approach proposed by the Commission.

Climate change

There are two points on the agenda concerning climate change. Council conclusions are to be adopted on the EU's position at the COP10 (conference of the parties) to the UN Convention on Climate Change, which will take place from 6 to 10 December in Buenos Aires, Argentina. The draft conclusions state - among other things - that as a long-term climate change objective the overall global surface temperature increase should not exceed 2°C above pre-industrial levels. The conclusions reiterate the EU commitment to the Kyoto Protocol. They also welcome Russia's decision to move forward in ratifying the Kyoto Protocol.

Over lunch ministers will discuss climate change policy post 2012, when the first Kyoto commitment period expires.

Flood risk management

Council conclusions are expected on reinforced EU action on flood prevention, protection and mitigation. The draft conclusions fully support the Commission's recent Communication on flood risk management which was presented at the informal meeting of ministers in Maastricht in July (see IP/04/887). The Commission welcomes the conclusions, which also invite the Commission to come forward with a legislative proposal in this field.

Clean, clever, competitive

Council conclusions are also expected on the contribution of eco-efficient innovations to the objectives of the Lisbon Strategy. These conclusions will feed into the Spring 2005 Council. They are the follow-up to the discussion at the informal meeting of ministers in Maastricht. Conclusions highlight that green innovations can have a positive impact on economic growth, competitiveness and job creation in the EU. The Commission fully supports the Presidency's efforts in this area.

Urban environment

The third and final set of conclusions could be adopted on the Commission's communication on a strategy for the urban environment from February 2004 (see IP/04/204). The Commission welcomes the Council's support for its work so far, and will continue to explore the possibilities for improving the environment in towns and cities.

Sustainable road transport

The Dutch Presidency has organised a public debate amongst ministers on sustainable road transport, on the basis questions drawn up by the Presidency in three areas: air pollution, noise, fuel consumption emissions. The Commission welcomes this debate as it is intensively engaged in activities on the three topics raised.

The financing of Natura 2000

A public debate is foreseen on the Commission's recent communication on the future financing of the Natura 2000 network of protected sites. The Commission believes that the management of Natura 2000 sites is part of the wider land management policies in the EU and should therefore be funded through integration into existing instruments aimed at this, such as rural development or structural funds. The new Life+ programme just proposed by the Commission will also provide some funding for Natura 2000 activities, such as species management, pilot projects, information/communication activities. The Presidency has asked ministers to focus the debate around three questions:

1. the suitability of the integration option in enhancing Community co-financing;
2. the concerns of Member States about potential gaps in funding;
3. how funding for Natura 2000 can be ensured.

Follow-up to Environment for Europe Conference

The Council will debate the follow-up to the Environment for Europe Conference which took place in Kiev last year. The Presidency wants to have an exchange of views on the position for the Ministerial Conference of 21-22 October (Kiev+1) to take place in Tbilisi, Georgia. This conference will be attended by environment ministers from the countries of Eastern Europe, the Caucasus and Central Asia (EECCA). The Commission supports the EfE (Environment for Europe) process overall and the EECCA (East European Caucasian and Central Asian countries) strategy in particular. It recalls the need for the EECCA countries to take ownership of the EfE process.

Other points

Under this heading the Presidency will inform about the Aarhus Convention, the 7th Conference of the Parties to the Basel Convention (25-29 October 2004) and there will be a point on an international workshop on the environmental dimension of impact assessment.