Considerations on COM(2007)470 - Approval of the first and the second amendments to the UN/ECE Espoo Convention on Environmental Impact Assessment in a Transboundary Context

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dossier COM(2007)470 - Approval of the first and the second amendments to the UN/ECE Espoo Convention on Environmental Impact Assessment in a ...
document COM(2007)470 EN
date November  9, 2007
 
table>(1)The European Union has created a European Globalisation Adjustment Fund (the ‘Fund’) to provide additional support to redundant workers who suffer from the consequences of major structural changes in world trade patterns and to assist their reintegration into the labour market.
(2)The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the Fund within the annual ceiling of EUR 500 million.

(3)Regulation (EC) No 1927/2006 contains the provisions whereby the Fund may be mobilised.

(4)France submitted applications to mobilise the Fund, concerning two cases of redundancies in the automobile sector: Peugeot SA and Renault SA,

HAVE DECIDED AS FOLLOWS:

Article 1

For the general budget of the European Union for the financial year 2007, the European Globalisation Adjustment Fund shall be mobilised for a total amount of EUR 3 816 280.

Article 2

This Decision shall be published in the Official Journal of the European Union.

Done at Strasbourg, 23 October 2007

For the European Parliament

The President

For the Council

The President


(1) OJ C 139, 14.6.2006, p. 1.

(2) OJ L 406, 30.12.2006, p. 1.

P6_TA(2007)0444

Framework directive on the sustainable use of pesticides ***I

European Parliament legislative resolution of 23 October 2007 on the proposal for a directive of the European Parliament and of the Council establishing a framework for Community action to achieve a sustainable use of pesticides (COM(2006)0373 — C6-0246/2006 — 2006/0132(COD))

(Codecision procedure: first reading)

The European Parliament,

—having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0373),

—having regard to Articles 251 i and 175 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0246/2006),

—having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

—having regard to Rules 51 and 35 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 Industry, Research and Energy and the Committee on Agriculture and Rural Development (A6-0347/2007),

1.Approves the Commission proposal as amended;

2.Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

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

P6_TC1-COD(2006)0132

Position of the European Parliament adopted at first reading on 23 October 2007 with a view to the adoption of Directive 2008/.../EC of the European Parliament and of the Council establishing a framework for Community action to achieve a sustainable use of pesticides

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 152 i and 175(1) thereof,

Having regard to the proposal from the Commission ║ ,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

Whereas:

(1)In line with Articles 2 and 7 of Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme (4), a common legal framework for achieving a sustainable use of pesticides should be established , taking account of the precautionary principle .

(2)The measures provided for in this Directive should be complementary to and not affect measures laid down in other related Community legislation, in particular Regulation (EC) No [...] of the European Parliament and of the Council of ... concerning the placing of plant protection products on the market  (5), Directive 2000/60/EC of the European Parliament and the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (6), Regulation (EC) No 396/2005 of the European Parliament and the Council of23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin ║ (7) , and in the food law provisions pursuant to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (8).

(3)National action plans aiming at setting quantitative objectives , targets, timetables and indicators for the prevention of both health and environmental risks, at drawing up schedules and indicators of the risks and intensity of pesticide use, at listing the financial resources and budget lines for the implementation of the above within the timeframe set, and at promoting and encouraging the adoption of non-chemical plant protection and pest management should be used by Member States in order to facilitate the implementation of this Directive. The national action plans should be coordinated with implementation plans under other relevant Community legislation and could be used for grouping together objectives to be achieved under other Community legislation related to pesticides.

(4)The exchange of information on the objectives achieved and the scope of actions Member States lay down in their national action plans is a very important element for achieving the objectives of this Directive. Therefore, it is appropriate to request Member States to report regularly to the Commission and the other Member States, in particular on the implementation and results of their national action plans and on their experiences.

(5)For the preparation and modification of the national action plans, it is appropriate to provide for the application of Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC (9).

(6)It is desirable that Member States set up systems of training and further training for distributors, advisors and professional users of pesticides whereby those who use or will use pesticides are fully aware of the potential risks to human health and the environment and of the appropriate measures to reduce those risks as much as possible. Training activities for professional users should be coordinated with those organised in the framework of Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (10).

(7)The use of illegal (counterfeit) pesticides is jeopardising the sustainable use of pesticides and poses a significant risk to the environment and to human and animal health. This problem needs to be addressed urgently.

(8)Considering the ▐ risks from the use of pesticides, in particular their acute and chronic health effects and their environmental effects, consumers and the general public should be ▐ informed , particularly through the media, but also through awareness raising campaigns, information passed on through retailers and other appropriate measures , about both the health and environmental risks and short and long-term adverse effects related to the use of pesticides , and about non-chemical alternatives. Member States should monitor and collect data on impacts of pesticide use, including poisoning incidents, and promote long-term research programmes on the effects of pesticide use .

(9)To the extent that the handling and application of pesticides requires the setting of minimum health and safety requirements at the workplace, covering the risks arising from exposure of workers to such products, as well as general and specific preventive measures to reduce those risks, those measures are covered by Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (11) and Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to their exposure to carcinogens or mutagens at work (12).

(10)Since Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery ║ (13) will provide for rules on the placing on the market of pesticide application equipment that will enable pesticide users to optimise the effectiveness of the treatments, thus ensuring that environment requirements are met, it is appropriate, in order to further reduce the adverse impacts of pesticides on human health and the environment caused by such equipment, to provide for systems for regular technical inspection of pesticide application equipment already in use.

(11)Aerial spraying of pesticides has the potential to cause significant adverse impacts on human health and the environment, in particular from spray drift. Therefore, aerial spraying shall be generally banned with derogation possible where ▐ there are no viable alternatives , the best available technology to reduce drift is used (e.g. low-drift nozzles) and the health of residents or bystanders is not affected .

(12)The aquatic environment is especially sensitive to pesticides. It is therefore necessary that particular attention is paid to avoiding pollution of surface water and groundwater by taking appropriate measures such as, for example, the establishment of buffer strips or planting hedges along surface waters to reduce exposure of water bodies to spray drift. The dimensions of buffer zones should depend in particular on soil characteristics, geological and topographical features, climate, size of the watercourse, as well as agricultural characteristics of areas concerned. Use of pesticides in areas for the abstraction of drinking water, on or along transport routes, such as railway lines, on sealed or very permeable surfaces can lead to higher risks of pollution of the aquatic environment. In such areas, pesticide use should, therefore, be reduced as far as possible, or eliminated, if appropriate.

(13)Use of pesticides can be particularly dangerous in very sensitive areas, such as Natura 2000 sites protected in accordance with Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (14), and Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (15). The protection measures needed to attain the nature conservation objectives should be taken in accordance with those Directives. In other places such as residential areas, public parks, sports and recreation grounds, school grounds, children's playgrounds and in the vicinity of public healthcare facilities (clinics, hospitals, rehabilitation centres, health resorts, hospices) , the risks from exposure to pesticides of the general public are high. Use of pesticides in those areas should, therefore, be reduced as far as possible, or eliminated, where appropriate.

(14)Handling of pesticides, including diluting and mixing the chemicals and cleaning of application equipment after use, and discharge of tank surplus, empty packaging and unused pesticides are particularly prone to unwanted exposure of humans and the environment. Therefore, it is appropriate to provide for specific measures addressing those activities as a complement to the measures provided for under Articles 4 and 8 of Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste (16), and Articles 2 and 5 of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste (17). Those specific measures should also encompass non-professional users, since inappropriate handling is very likely to occur in this group of users due to the lack of knowledge.

(15)The application of general and crop-specific standards of Integrated Pest Management by all farmers would result in a better targeted use of all available pest control measures, including pesticides. Therefore, it would contribute to a further reduction of the risks to human health and the environment and the reduction of pesticide use . Member States should promote low pesticide-input farming, in particular general and crop-specific standards of Integrated Pest Management and the increase of land under organic farming , and establish necessary conditions for implementation of integrated pest management techniques. Additionally, Member States should implement mandatory crop-specific standards of Integrated Pest Management. Member States should use economic instruments for the promotion of Integrated Pest Management to provide advice and training for farmers, and to reduce the risks of pesticide use. A levy on pesticide products should be considered as one of the measures to finance the implementation of general and crop-specific methods and practices of Integrated Pest Management and the increase of land under organic farming .

(16)It is necessary to measure the progress achieved in preventing the use of pesticides and their risks and adverse impacts ▐ for human health and the environment. Appropriate means are harmonised use and risk indicators that will be established at Community level. Member States should use those indicators to manage reduction of pesticide use and risk reduction at national level and for reporting purposes, while the Commission should calculate indicators to evaluate progress at Community level. Until common indicators are available, Member States should be entitled to use their national indicators , which must be in line with the requirements of this Directive and relate to both the health and environmental risks of pesticide use .

(17)With a view to applying the polluter-pays principle, the Commission should examine appropriate ways of involving manufacturers of pesticides and/or their active substances in the work of dealing with and rectifying damage which may be caused to human health or the environment through the use of pesticides.

(18)Member States should lay down rules on penalties applicable to infringements of the provisions of this Directive and ensure that the provisions are implemented. The penalties should be effective, proportionate and dissuasive.

(19)Since the objectives of this Directive, namely to protect human health and the environment from the possible risks associated with the use of pesticides, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, by reason of scale and effects of the action, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

(20)This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this seeks to promote the integration into Community policies of a high level of environmental protection in accordance with the principle of sustainable development as laid down in Article 37 of the Charter of Fundamental Rights of the European Union.

(21)The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission  (18) ,