Activities of Jo LEINEN related to 2012/2104(INI)
Shadow reports (1)
REPORT on improving the delivery of benefits from EU environment measures: building confidence through better knowledge and responsiveness PDF (177 KB) DOC (123 KB)
Amendments (69)
Amendment 1 #
Motion for a resolution
Heading 1
Heading 1
on improving the delivery of benefits from EU environment measures: building confidence through better knowledge and responsiveness - Better implementation of EU environmental legislation -
Amendment 5 #
Motion for a resolution
Subheading 1
Subheading 1
General points: no Union acquis and shortcomings of existing regulationremarks
Amendment 8 #
Motion for a resolution
Recital A
Recital A
Amendment 10 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas much of EU law takes the form of directives, setting out general rules and objectives, while leaving the choice of means, how to reach those objectives up to Member States and regional and local entities;
Amendment 11 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas key responsibility for ensuring effective implementation and enforcement of EU legislation lies with national authorities and very often at regional and local levels;
Amendment 12 #
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas inefficient implementation not only harms the environment and human health but also gives uncertainty for industry and places obstacles to the Single Market as well as more bureaucracy and thus higher costs;
Amendment 13 #
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas studies have concluded that full implementation of EU legislation in the waste sector alone would generate 400,000 jobs and save 72 billion Euros per year 1 __________________ 1 BIOS report, COM/2012/095 final
Amendment 14 #
Motion for a resolution
Recital A e (new)
Recital A e (new)
Ae. whereas the unsatisfactory level of implementation of environmental law is reflected in the high number of infringements and complaints in this area;
Amendment 15 #
Motion for a resolution
Recital A f (new)
Recital A f (new)
Af. whereas the lack of precise information and knowledge on the state of implementation and quantitative data for several environmental sectors act is a hindrance to the proper implementation of the environmental acquis;
Amendment 16 #
Motion for a resolution
Recital A g (new)
Recital A g (new)
Ag. whereas according to the Commission, the cost of non- implementation of EU environmental legislation is currently €50bn per year in health costs and direct costs to the environment, not including the negative impacts on the state of the environment in the EU; whereas, from 2020 onwards, this figure will rise to €90bn per year 1; __________________ 1 European Commission, Directorate - General Environment, "The costs of not implementing the environmental acquis" Final report, ENV.G.1/FRA/2006/0073, September 2011
Amendment 17 #
Motion for a resolution
Recital A h (new)
Recital A h (new)
Ah. whereas problems arising from implementation of EU environment law can be two-fold, with on the one hand late or insufficient implementation and on the other hand "over-implementation" ("gold plating"), both aspects running counter to the original political ideas behind EU environmental law;
Amendment 18 #
Motion for a resolution
Recital A i (new)
Recital A i (new)
Ai. whereas there are significant differences in implementation both between and within Member States which lead to a negative impact on the environment, thus making a more systematic and holistic approach necessary in order to bridge this "implementation gap";
Amendment 19 #
Motion for a resolution
Recital B
Recital B
Amendment 21 #
Motion for a resolution
Recital C
Recital C
Amendment 29 #
Motion for a resolution
Recital D
Recital D
Amendment 32 #
Motion for a resolution
Recital E
Recital E
Amendment 34 #
Motion for a resolution
Recital F
Recital F
Amendment 40 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas full compliance with EU environmental law is a Treaty obligation and a criterion for the use of EU funds in Member States; whereas Member States should therefore implement environmental legislation in a timely, cost-efficient manner, in order to improve the state of the environment in the EU;
Amendment 42 #
Motion for a resolution
Subheading 2
Subheading 2
Implementation inas compliance with the subsidiarity principlemon task and opportunity
Amendment 44 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission communication entitled ‘Improving the delivery of benefits from EU environment measures: building confidence through better knowledge and responsiveness’ (COM(2012)0095), but deplores its failure to refer specifically to the key role which regional and local authorities are called upon to play when European environment regulations are put into effect;
Amendment 48 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. is of the opinion that the administrative burden is not always a result of excessive implementation or lack of implementation, notes that administrative costs are unavoidable but these should be kept as low as possible because of their negative impacts on citizens and industry;
Amendment 49 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. notes that much of the unnecessary administrative costs linked to environmental legislation is due to inadequate or inefficient public and private administrative practices in various Member States and their regional or local authorities;
Amendment 50 #
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. emphasises that only the timely and correct implementation (transposition) of EU law by the Member States and regional and local authorities will ensure that the desired results of the EU policy in question are attained;
Amendment 51 #
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. emphasises that assuring a level- playing field and a common market as well as a harmonised approach are at the centre of EU legislation;
Amendment 52 #
Motion for a resolution
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. is of the opinion that an efficient implementation can bring about benefits for industry, e.g. by reducing administrative burdens, providing investment security and in then creating more jobs;
Amendment 53 #
Motion for a resolution
Paragraph 1 f (new)
Paragraph 1 f (new)
1f. deplores that citizens become aware of EU legislation only after it enters into force; is of the opinion that an earlier means of information exchange between legislators and citizens is needed to bring about a higher level of acceptance and understanding for what is the objective of EU legislation is;
Amendment 54 #
Motion for a resolution
Paragraph 1 g (new)
Paragraph 1 g (new)
1g. Clarifies that the Commission as guardian of the Treaties should act sooner in order to allow a better and more timely implementation; asks the Commission to examine what needs to be done to ensure the correct transposition, implementation and enforcement of environmental legislation;
Amendment 55 #
Motion for a resolution
Paragraph 1 h (new)
Paragraph 1 h (new)
1h. Notes that the current fragmented state of implementation in the Member States undermines the level-playing field for the industry and increases the uncertainty about the exact requirements and it therefore discourages investments in those environmental areas which can generate jobs;
Amendment 56 #
Motion for a resolution
Paragraph 1 i (new)
Paragraph 1 i (new)
1i. Emphasises that the European institutions' responsibility with regard to EU legislation does not end with the adoption of legislation by Parliament and Council and that the European Parliament is willing to assist Member States, in order to allow a more efficient implementation;
Amendment 57 #
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 61 #
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 66 #
Motion for a resolution
Subheading 3
Subheading 3
Simplification and easing of administrative burdens to encourageolutions to assure a more effectiveicient implementation
Amendment 67 #
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 72 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Is of the opinion that environmental legislation can be implemented more effectively through dissemination of best practices between the Member States, regional and local authorities responsible for implementing EU legislation, as well as through greater cooperation with the European Institutions;
Amendment 73 #
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Deplores the lack of data on compliance and enforcement work undertaken at national, regional and local level and thus asks the Commission, with the help of its networks and bodies, such as the European Environment Agency, to improve this situation;
Amendment 74 #
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Notes the importance of strengthening and monitoring the relevant indicators for the implementation of environmental legislation and encourages the setting up of a user-friendly website, where the most recent indicator measurements would be available and informal comparison among the Member States would be possible;
Amendment 75 #
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Is of the opinion that the Commission itself should be at the centre of efforts to ensure a better implementation and deplores that currently, these efforts are increasingly referred to other bodies which often do not have the Commissions competences, personnel or financial resources;
Amendment 76 #
Motion for a resolution
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Urges the Commission and Member States to help improving the knowledge and capacity of the people involved in implementing environmental legislation, at national, regional and local levels, to ensure a better delivery of benefits from this legislation; is furthermore of the opinion that opening a dialogue with relevant stakeholders would improve implementation as well;
Amendment 77 #
Motion for a resolution
Paragraph 4 f (new)
Paragraph 4 f (new)
4f. Calls on the Commission to explore the possibility of setting up partnership implementation agreements between the Commission and individual Member States or between Member States in order to promote better implementation as well as to identify and resolve implementation problems;
Amendment 78 #
Motion for a resolution
Paragraph 4 g (new)
Paragraph 4 g (new)
4g. Calls on the Commission to examine whether greater local authority participation throughout the process of defining environmental policy would be useful in improving implementation of legislation across the board, including the possibility of setting up teams to transpose environmental law at regional and local level;
Amendment 79 #
Motion for a resolution
Paragraph 4 h (new)
Paragraph 4 h (new)
4h. Recommends the setting up of a systematic and easily accessible online information tool on implementation; calls on all actors, but especially on industry and citizens, to provide the implementing bodies with feedback on problems arising from implementation; values the availability of reliable, comparable and easily accessible information about the state of the environment as key in order to effectively tracking the state of implementation;
Amendment 80 #
Motion for a resolution
Paragraph 4 i (new)
Paragraph 4 i (new)
4i. Urges the Commission to re-consider demands for the introduction of a best- practise database, allowing best practice in implementation to be disseminated across Member States, regional and local authorities; and calls on the Commission to explore ways in which information and communication technology can be deployed to provide as much useful online information as possible on how EU environmental law should be implemented;
Amendment 82 #
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 86 #
Motion for a resolution
Subheading 4
Subheading 4
Amendment 87 #
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 88 #
Motion for a resolution
Paragraph 6 – indent 1
Paragraph 6 – indent 1
Amendment 91 #
Motion for a resolution
Paragraph 6 – indent 2
Paragraph 6 – indent 2
Amendment 92 #
Motion for a resolution
Paragraph 6 – indent 3
Paragraph 6 – indent 3
Amendment 94 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls that there are many benefits to be gained from proper implementation of EU environmental legislation: a level playing field for economic actors in the Single market, as well as a stimulus for innovation are created, and first mover advantages for European businesses are just three;
Amendment 95 #
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Underlines that a high level of environmental protection is one of the fundamental objectives of the European Union which would deliver direct benefits to citizens, such as better living conditions through improved air quality, less noise and less health problems;
Amendment 96 #
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Emphasises that the EU has set itself an ambitious agenda to move towards a resilient, resource efficient and low- carbon economy by 2050 and that commitment on all levels is needed to reach this goal; recalls that a common effort is vital in ensuring that the European economy grows in a way that respects resource constraints and planetary boundaries;
Amendment 97 #
Motion for a resolution
Subheading 5
Subheading 5
Amendment 101 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers the monitoring of implementation activities of great importance and therefore underlines the value of the European Environment Agencies' work in that field - in line with its statutory remit;
Amendment 102 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Underlines the European Environment Agency's important role in providing a solid knowledge base underpinning policy and implementation and recognises the work done by the EEA in this field; urges the EEA to further develop its capacities to assist the Commission and Member States in assuring the quality of monitoring and the comparability of the environmental information collected in different parts of the EU; further encourages the EEA to also focus on capacity building and dissemination of best practice in the Member States; expects the European Environmental Agency's new Strategy to address the issue of implementation in more detail;
Amendment 103 #
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. supports the Commission in its plan to ask Member States, with support from the Commission, to develop structured implementation and information frameworks (SIIFs) for all key EU environment laws, to clarify the main provisions of a directive as well as to identify the types of information needed to demonstrate how EU law is being implemented;
Amendment 104 #
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Urges the Commission to create, in co- operation with national authorities, with the involvement of the European Environment Agency as appropriate, a complaint-unit where citizens can communicate problems related to the implementation of environmental legislation;
Amendment 105 #
Motion for a resolution
Paragraph 7 e (new)
Paragraph 7 e (new)
7e. Underlines the crucial importance of effective inspections and urges Member States to step up their inspection capacities in line with best practices; calls for common minimum criteria for inspections in order to ensure fair implementation in all parts of the EU;
Amendment 106 #
Motion for a resolution
Paragraph 7 f (new)
Paragraph 7 f (new)
7f. Urges all actors to streamline inspection and surveillance activities with a view to using available resources with greater efficiency; in this regard stresses also the value of a more systematic use of peer-review inspections, as pointed out by the Commission; emphasises the need to complement the existing inspections with enhanced cooperation and peer-reviews among inspection authorities; encourages the IMPEL network to take action in this direction; also calls on the Commission to promote knowledge and capacity-building by supporting networks of judges and prosecutors, and in close cooperation with the Committee of the Regions to reduce the environmental and economic costs of non-compliance and ensure a level playing field;
Amendment 107 #
Motion for a resolution
Paragraph 7 g (new)
Paragraph 7 g (new)
7g. Urges the Commission, to set up an Environmental Law Inspection Unit, whose role will be to oversee and help towards the implementation of the environmental legislation; asks that this Unit will use new technologies and cooperates with local agencies in order to keep the inspection costs at low levels; is of the view that this unit should operate on a cost-basis and that the revenues should be directed to the EU Budget and should be reserved for services related to better implementation;
Amendment 108 #
Motion for a resolution
Paragraph 7 h (new)
Paragraph 7 h (new)
7h. Encourages Member States to draw up and publish correlation tables to describe the transposition of EU directives into national law in order to improve transparency and openness of the legislative process and make it easier for both the Commission and national parliaments to oversee the proper implementation of EU legislation;
Amendment 109 #
Motion for a resolution
Paragraph 7 i (new)
Paragraph 7 i (new)
7i. Underlines that judges and prosecutors play a key role in the enforcement of environmental legislation and that it is therefore of vital importance that they receive proper training and information on these policies;
Amendment 110 #
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 114 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Emphasises the important role of the citizens in the implementation process and urges Member States and European Commission to involve them in a structured way in this process; in this regard also notes the importance of citizens´ access to justice;
Amendment 115 #
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Calls on the Commission and the Member States to explicitly define a specific timeframe in which court cases relating to the implementation of environmental law shall be resolved, in order not to use the implementation of the environmental law and the court cases delays as an excuse to avoid compliance and hinder investments; and calls on the Commission to assess how many investments have been held back because of delays legal proceedings relating to irregularities on the implementation of environmental legislation;
Amendment 116 #
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Underscores the fundamental importance of actively informing citizens and NGOs about EU environmental policies at an early stage in order to involve them in drawing up and realizing such policies; urges therefore - also with a view to the findings of the high-level group of independent stakeholders on administrative burdens - that a greater effort in this respect shall be made so that public trust and confidence in EU environment law is enhanced, bearing in mind that a better environment for a better life cannot be created unilaterally from within the Institutions without the support of society itself;
Amendment 117 #
Motion for a resolution
Paragraph 8 d (new)
Paragraph 8 d (new)
8d. Calls on the Member States to further advance the full and proper implementation of EU environmental legislation and adopted policies and strategies in the framework of the 7th EAP, and to ensure adequate capacity and finances for their full implementation, even in times of austerity, as the non- implementation or incomplete implementation of EU environmental legislation is not only unlawful, but also far more costly to society in the long run;
Amendment 118 #
Motion for a resolution
Paragraph 8 e (new)
Paragraph 8 e (new)
8e. Highlights the need to ensure that legislation is fit for purpose and reflects the latest scientific research; thus calls on the EU and Member States to regularly assess if European environmental law fulfils these requirements and, where necessary, adjust it accordingly;
Amendment 119 #
Motion for a resolution
Paragraph 8 f (new)
Paragraph 8 f (new)
8f. Acknowledges that first reading agreements might lead to the inadequate implementation of legislation if concrete content is left to be specified in the implementing provisions, therefore asks all actors to ensure that decision-making is based on an unambiguous statement of political will; emphasises the need for clear, consistent environmental legislation, drawn up on the basis of public policy evaluations and feedback;
Amendment 120 #
Motion for a resolution
Paragraph 8 g (new)
Paragraph 8 g (new)
8g. is of the opinion that the Commission should continue to use directives in EU legislation to allow Members States as well as regional and local authorities to implement European legislation according to their respective situation; however, asks the Commission to bolster support already outlined in its proposal through further studies or actions referred to in the impact assessment;