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
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee1,
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure2,
Whereas:
Council Directives 86/278/EEC3 and 87/217/EEC4 are based on Articles 100 and 235 of the Treaty establishing the European Economic Community, now Articles 115 and 352 of the Treaty on the Functioning of the European Union (TFEU). Amendments to those Directives in this Decision are related to Union policy on the environment and are a direct consequence of the repeal of Council Directive 91/692/EEC5 on the basis of Article 192(1) TFEU. It is therefore appropriate to base those amendments on Article 192(1) TFEU.
European Parliament and Council Directive 94/63/EC6 is based on Article 100a of the Treaty establishing the European Community, now Article 114 TFEU. Amendments to that Directive in this Decision are related to Union policy on the environment and are a direct consequence of the repeal of Directive 91/692/EEC on the basis of Article 192(1) TFEU. It is therefore appropriate to base those amendments on Article 192(1) TFEU.
Directive 91/692/EEC was adopted to rationalise and improve, on a sectoral basis, the provisions on the transmission of information and the publication of reports concerning certain directives on the protection of the environment. To achieve that objective, Directive 91/692/EEC amended several directives by introducing uniform reporting requirements.
The implementation of the reporting requirements introduced by Directive 91/692/EEC has become burdensome and ineffective. Moreover, many of the Union acts amended by Directive 91/692/EEC have been replaced and no longer contain the reporting requirements as introduced by that Directive. For example, Directive 2000/60/EC of the European Parliament and of the Council7 repealed seven Union acts in the field of water policy and did not take over the reporting system introduced by Directive 91/692/EEC. In addition, Directive 2010/75/EU of the European Parliament and of the Council8 contains no reference to Directive 91/692/EEC and instead provides for a separate system of reporting.
Directive 91/692/EEC does not provide for use of electronic tools. With the successful development of the European Environmental Agency’s Reportnet and sectoral initiatives on streamlining of reporting, such as the Water Information System for Europe, the need for and effectiveness of a horizontal instrument on reporting has increasingly been called into question. Finally, the adoption of Directive 2007/2/EC of the European Parliament and of the Council9 and the related development of the Shared Environment Information System, introduced a more modern and effective horizontal approach to information management and reporting related to Union environmental policy.
Directive 91/692/EEC should therefore be repealed.
Most of the Directives amended by Directive 91/692/EEC are no longer in force. However, Directives 86/278/EEC and 87/217/EEC are still in force.
Directive 86/278/EEC requires Member States to provide a report on the implementation of that Directive on the basis of a questionnaire or outline drafted by the Commission in accordance with the procedure laid down in Directive 91/692/EEC. In order to avoid a legal vacuum due to the repeal of Directive 91/692/EEC, it is necessary to replace the reference to Directive 91/692/EEC with a reference to the procedure referred to in Directive 86/278/EEC.
Reporting by Member States under Directive 87/217/EEC is no longer necessary following the adoption of Regulation (EC) No 1907/2006 of the European Parliament and of the Council10, which provides for the phasing out of the production and use of raw asbestos and products containing asbestos in the Union. It is therefore appropriate to delete those reporting requirements set out in that Directive.
After the entry into force of Directive 91/692/EEC, the following Regulations and Directives included a reference to that Directive: European Parliament and Council Directive 94/62/EC11, Directive 94/63/EC, Council Directive 1999/31/EC12, Directive 2000/53/EC of the European Parliament and of the Council13, Directive 2003/87/EC of the European Parliament and of the Council14, Directive 2008/98/EC of the European Parliament and of the Council15, Directive 2009/31/EC of the European Parliament and of the Council16 and Regulation (EU) No 1257/2013 of the European Parliament and of the Council17.
As part of an EU action plan for the circular economy, the Commission proposed to amend Directives 94/62/EC, 1999/31/EC, 2000/53/EC and 2008/98/EC in order to replace the reference to Directive 91/692/EEC.
In order to ensure that certain provisions of the Annexes to Directive 86/278/EEC are up to date, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the adaptation of those provisions to technical and scientific progress. Likewise, in order to ensure that the Annexes to Directive 2009/31/EC are up to date, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the adaptation of those Annexes to technical and scientific progress. The adaptation of the Annexes to Directive 2009/31/EC should not result in a lowering of the level of safety, or in a weakening of the monitoring principles, provided by the criteria contained in those Annexes. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making18. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
The second subparagraph of Article 21(2) of Regulation (EU) No 1257/2013 refers to Directive 91/692/EEC, which is to be repealed. Pursuant to that provision, the first reporting exercise is due to start on the date of application of Regulation (EU) No 1257/2013. On 19 December 2016, by means of Implementing Decision (EU) 2016/232319, the Commission established the first version of the European List of ship recycling facilities (‘the European List’). In accordance with Article 26 of Regulation (EU) No 1257/2013, Member States may authorise the recycling of ships in ship recycling facilities included in the European List prior to the date of application of that Regulation. In such circumstances, Regulation (EC) No 1013/2006 of the European Parliament and of the Council20 does not apply. In order to avoid a gap during which time information is not collected under Regulation (EC) No 1013/2006 or Regulation (EU) No 1257/2013, it is appropriate to introduce a transitional reporting period between the date of the first anticipated authorisation under Article 26 of Regulation (EU) No 1257/2013 in a given Member State and the date of application of that Regulation for each Member State that decides to use the transitional period provided for in that Article. To limit the related administrative burden for each such Member State, it is not necessary that the information collected during that transitional period form the basis of a separate report. Instead, it should be sufficient that such information be incorporated or form part of the first regular report covering the three-year period from the date of application of Regulation (EU) No 1257/2013.
The reporting requirement set out in Directive 94/63/EC is no longer necessary for the purposes of monitoring implementation of that Directive. The relevant provision should therefore be deleted.
Since the objective of this Decision, namely to amend or repeal Union legal acts in the field of environmental reporting that are no longer applicable or relevant, cannot be sufficiently achieved by the Member States but can rather, by reason of its nature, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Decision does not go beyond what is necessary in order to achieve that objective.
Regulation (EU) No 1257/2013 and Directives 94/63/EC, 2009/31/EC, 86/278/EEC and 87/217/EEC should therefore be amended accordingly,
HAVE ADOPTED THIS DECISION:
Article 1Amendments to Directive 2009/31/EC
Directive 2009/31/EC is amended as follows:
- (1)
in Article 27, paragraph 1 is replaced by the following:
1.
Every three years the Member States shall submit to the Commission a report on the implementation of this Directive, including the register referred to in point (b) of Article 25(1). The first report shall be sent to the Commission by 30 June 2011. The report shall be drawn up on the basis of a questionnaire or outline adopted by the Commission in the form of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 30(2). The questionnaire or outline shall be sent to Member States at least six months before the deadline for the submission of the report.
- (2)
Article 29 is replaced by the following:
Article 29Amendments to the Annexes
The Commission is empowered to adopt delegated acts in accordance with Article 29a to amend the Annexes in order to adapt them to technical and scientific progress. Such adaptation may not result in a lowering of the level of safety provided by the criteria contained in Annex I or in a weakening of the monitoring principles contained in Annex II.
- (3)
the following Article is inserted:
Article 29aExercise 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 29 shall be conferred on the Commission for a period of five years from 4 July 2018. 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 report shall be submitted to the European Parliament and Council. 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 29 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-Making21.
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 29 shall enter into force only if no objection has been expressed either by the European Parliament or 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.
- (4)
Article 30 is replaced by the following:
Article 30Committee procedure
1
The Commission shall be assisted by the Climate Change Committee established by Article 26 of Regulation (EU) No 525/2013 of the European Parliament and of the Council22. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council23.
2
Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Article 2Amendments to Directive 86/278/EEC
Directive 86/278/EEC is amended as follows:
- (1)
Article 13 is replaced by the following:
Article 13
The Commission is empowered to adopt delegated acts in accordance with Article 15a to amend the Annexes in order to adapt them to technical and scientific progress.
The first paragraph shall not apply to the parameters and values listed in Annexes I A, I B and I C, any factors likely to affect the evaluation of those values, and the parameters for analysis referred to in Annexes II A and II B.
- (2)
Article 14 is deleted;
- (3)
Article 15 is replaced by the following:
Article 15
1
2
Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
- (4)
the following Article is inserted:
Article 15a
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 13 shall be conferred on the Commission for a period of five years from 4 July 2018. 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 report shall be submitted to the European Parliament and Council. 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 13 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-Making26.
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 13 shall enter into force only if no objection has been expressed either by the European Parliament or 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.
- (5)
in Article 17, the first paragraph is replaced by the following:
At intervals of three years Member States shall send information to the Commission on the implementation of this Directive, in the form of a sectoral report which shall also cover other pertinent Community Directives. The sectoral reports shall be drawn up on the basis of a questionnaire or outline adopted by the Commission in the form of an implementing act. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 15(2). The questionnaire or outline shall be sent to the Member States six months before the start of the period covered by the report. The report shall be sent to the Commission within nine months of the end of the three-year period covered by it.
Article 3Amendment to Directive 87/217/EEC
In Article 13 of Directive 87/217/EEC, paragraph 1 is deleted.
Article 4Amendment to Regulation (EU) No 1257/2013
In Article 21 of Regulation (EU) No 1257/2013, paragraph 2 is replaced by the following:
2.
Each report shall cover three years and shall be electronically transmitted to the Commission no later than nine months after the end of the three-year period covered by it.
The first electronic report shall cover the three-year period starting on the date of application of this Regulation, in accordance with Article 32(1). Where a Member State authorises the recycling of ships in ship recycling facilities that are included in the European List prior to the date of application of this Regulation in accordance with Article 26, the first electronic report of that Member State shall also cover the period from the date of such authorisation to the date of application of this Regulation.
The Commission shall publish a report on the application of this Regulation no later than nine months after receiving the reports from the Member States.
Article 5Amendments to Directive 94/63/EC
Directive 94/63/EC is amended as follows:
- (1)
in Article 4(4), the second subparagraph is replaced by the following:
Member States shall inform the Commission of terminals concerned by such a derogation.
- (2)
in Article 6(4), the second subparagraph is replaced by the following:
Member States shall inform the Commission of the details of the areas within which they intend to grant such derogation and subsequently of any changes to such areas.
- (3)
Article 9 is replaced by the following:
Article 9Monitoring and reporting
The Commission is invited to submit with its reports, where appropriate, proposals for the amendment of this Directive, including in particular the extension of the scope to include vapour control and recovery systems for loading installations and ships.
Article 6Repeal of Directive 91/692/EEC
Directive 91/692/EEC is repealed.
Article 7Entry into force
This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Done at Strasbourg, 30 May 2018.
For the European Parliament
The President
A. TAJANI
For the Council
The President
L. PAVLOVA