6894/98 (Presse 78) C/98/78

2076th C ouncil meeting

- ENVIRONMENT -

Brussels, 23 March 1998

President: Mr Michael MEACHERMinister for the Environment of the United Kingdom

S U M M A R Y

PARTICIPANTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

ITEMS DISCUSSED

LANDFILL OF WASTE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

POLLUTION FROM LIGHT COMMERCIAL VEHICLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

LIMITATION OF EMISSIONS OF VOLATILE ORGANIC COMPOUNDS . . . . . . . . . . . . . . . . . . . . 8

SIGNATURE BY THE EU OF THE KYOTO PROTOCOL ON CLIMATE CHANGE . . . . . . . . . . . . . 10

COMMUNITY STRATEGY ON CLIMATE CHANGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

NEGOTIATIONS WITH INDUSTRY ON CO2 EMISSIONS FROM MOTOR VEHICLES . . . . . . . . . 17

CO2 MONITORING MECHANISM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

AIR QUALITY STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

THE KEEPING OF WILD ANIMALS IN ZOOS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

FOURTH CONFERENCE OF THE PARTIES TO THE BIODIVERSITY CONVENTION . . . . . . . . . . 22

SIXTH SESSION OF THE COMMISSION ON SUSTAINABLE DEVELOPMENT . . . . . . . . . . . . . . 23

COMMUNITY ACTION IN THE FIELD OF WATER POLICY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

REDUCTION OF THE SULPHUR CONTENT OF CERTAIN LIQUID FUELS . . . . . . . . . . . . . . . . . 26

ITEMS ADOPTED WITHOUT DISCUSSION

ENVIRONMENT:Convention on the Transboundary Effects of Industrial Accidents . . . . . . . . . . . . . . . . . . . . . . . . . . . IConvention on the protection of vertebrate animals used for experimental and other scientific purposes IPrevention of marine pollution - approval of PARCOM Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . II1979 Convention on long-range transboundary air pollution - Reduction of sulphur emissions . . . . . . II

RESEARCH:5th Framework Programmes in the field of Community research . . . . . . . . . . . . . . . . . . . . . . . . . . III

EXTERNAL RELATIONS :UN Convention on the Law of the Sea . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IIIAnti-dumping - imports of ammonium nitrate from Russia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV

INTERNAL MARKET :Extension of the KAROLUS programme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IVFood additives other than colours and sweeteners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IVData protection on the information highways - Council of Europe Guidelines . . . . . . . . . . . . . . . . . . VFood additives other than colours and sweeteners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V

For more information: tel: 285.62.19 - 285.78.33 - 285.74.59

The Governments of the Member States and the European Commission were represented asfollows:

Belgium:Mr Jan PEETERS State Secretary for the Environment

Denmark :Mr Niels PULTZ Deputy Permanent Representative

Germany:Ms Angela MERKELMr Erhard JAUCK

Minister for the EnvironmentState Secretary, Federal Ministry of the Environment

Greece :Mr Theodoros KOLIOPANOS State Secretary for the Environment

Spain:Ms Isabel TOCINO BISCAROLASAGA Minister for the Environment

France:Ms Dominique VOYNET Minister for the Environment

Irel and:Mr Danny WALLACE Minister of State at the Department of the Environment and

Local Government

Ital y:Mr Edo RONCHI Minister for the Environment

Luxembourg :Mr Alex BODRY Minister for the Environment

Austri a:Mr Martin BARTENSTEIN Minister for the Environment

Netherl ands:Ms Margreeth DE BOER Minister for Housing, Planning and the Environment

Portu gal:Ms Elisa FERREIRA Minister for the Environment

Finland:Mr Pekka HAAVISTO Minister for the Environment

Sweden:Ms Anna LINDH Minister for the Environment

United Kingdom:Mr Michael MEACHERMs Angela EAGLE

Minister for the EnvironmentParliamentary Under-Secretary of State, Department for theEnvironment, Transport and the Regions

Commissi on:Ms Ritt BJERREGAARD Member

LANDFILL OF WASTE

The Council reached a political agreement in view of a common position on the proposalfor a directive on the landfill of waste.

In most countries of Europe, landfill is still the preferred method of waste disposal in spiteof the nuisances ensuing from it. Of the approximately 150 million tonnes of municipalwaste generated in the EU in 1993 (i.e. 400 kg per capita) around 40 % is landfilled; inseveral Member States this percentage exceeds 80 %.

When preparing its common position the Council considered carefully the EuropeanParliament's Opinion and has been able to retain no less than 13 amendments proposedby the Parliament.

The common position provides detailed rules to prevent or reduce negative effects of wastelandfill on the environment, in particular the pollution of surface water, groundwater, soiland air, as well as the resulting risk to human health, over the entire life of the landfill.

The provisions are based on the principle of classification of landfills according to the typesof waste - hazardous, non-hazardous and inert waste - accepted by them.

This classification is coupled with procedures for issuing waste acceptance permits, forcontrol and monitoring in the operational phase and for landfill closure; these proceduresare also the subject of provisions to be implemented by the competent national authorities.

The following wastes will not be accepted in a landfill: liquid waste, explosive, combustibleor flammable wastes, hospital wastes and other infectious clinical wastes, and any othertype of waste which does not fulfil the acceptance criteria defined in the Directive.

The text also sets strict conditions governing acceptance of the depositing in a landfill fornon-hazardous waste of waste originally classified as hazardous which, after treatment, nolonger presents hazardous properties.

The main innovation of the new proposal refers to the introduction of a quantified reductionstrategy for the landfill of biodegradable municipal waste. The volume of this type of wasteaccepted for landfill shall be reduced to 75%, 50% and 35% of the tonnage produced in1995 by 2006, 2009 and 2016 respectively(1). The situation will be reviewed in 2014, andan optional period of not more than 4 years will be granted to those Member States whichmake heavy use of landfill. This rate of reduction should encourage the development ofnew methods of eliminating waste (composting, production of bio-gas, etc.).

In addition waste should undergo preliminary treatment before going to landfill, unless suchtreatment fails to contribute to the achievement of the objectives of the Directive, or in thecase of inert waste unless such treatment is not technically feasible.

(1) Assuming the Directive enters into force in 1999.

Member States are to encourage the fixing of a price to be charged for the disposal of anytype of waste in a landfill at a level covering at least all the costs involved in the settingup and operation of the site, including as far as possible the financial security required.

In the case of existing landfill sites, Member States will have to ensure that landfills whichhave been granted a permit, or which are already in operation at the time of transpositionof the Directive, may not continue to operate unless the steps needed to meet therequirements of the Directive are taken as soon as possible and within 8 years from thetransposition of the Directive into national legislation. Certain provisions will start to applythree years after the entry into force of the Directive.

Certain provisions of the Directive may not apply to landfill sites for non-hazardous wasteor inert wastes serving small islands which have only a single landfill site with a total finalcapacity of less than 15 000 tonnes (or 1 000 tonnes per year), or serving isolatedsettlements (no more than 500 inhabitants and with difficult access).

POLLUTION FROM LIGHT COMMERCIAL VEHICLES

Having examined the Opinion of the European Parliament (first reading), the Counciladopted its common position on the proposal for a directive relating to the measures to betaken against air pollution by emissions from light goods vehicles (pick-up trucks, deliveryvans, etc). The Belgian delegation abstained.

The text will now return to the European Parliament for second reading under the co-decision procedure.

The original Commission proposal covered only passenger cars; it was then amended toincorporate rules on light commercial vehicles as well. However, both the Council and theEuropean Parliament have so far dealt with the two sections separately, in order not todelay work on passenger cars which is already at a more advanced stage. The commonposition adopted today maintains as much as possible a parallelism between "lightcommercial vehicles" and "passenger cars" (the common position regarding the latter wasadopted by the Council last October), in order to facilitate a probable merging of the twotexts at a later stage of the procedure - possibly during conciliation.

The purpose of the proposal is to reduce limit values for certain pollutants in new modelsof vehicles being placed on the market. To this effect, the common position sets limitsapplicable from the year 2000 corresponding to a drop of 40% in nitrogen oxides, 40% alsoin total hydrocarbons and 30% in carbon monoxide for

petrol-driven light commercial vehicles. For diesel-powered vehicles, the reductions wouldamount to 20% in nitrogen oxides, 65% in hydrocarbons, 40% in carbon monoxide and35% in particulates. The common position also stipulates indicative limit values to beapplied from 1 January 2005. These will be the subject of a further Commission proposalwhich will either confirm or amend the indicative values.

In addition to the emission limit values, the daily discharges of vehicles in service will bebetter contained by means of compulsory fitting of on-board diagnostic systems and theintroduction of a new testing procedure and a new test to restrict emissions by evaporation.

It should be remembered that this proposal forms part of the European programme on airquality, road traffic emissions, fuels and engine technologies (the Auto-Oil programme).The programme has five sections:

– fuel quality;– emissions from private cars;– emissions from light commercial vehicles;– emissions from heavy goods vehicles;– adaptation of provisions relating to roadworthiness testing.

The Council has already adopted a common position on the first two aspects on7 October 1997; this common position was substantially amended by the EuropeanParliament at its February 1998 session. With regard to heavy goods vehicles, theCommission proposal is currently being examined at expert level; the proposal regardingroadworthiness testing is still pending.

LIMITA TION OF EMISSIONS OF VOLATILE ORGANIC COMPOUNDS

The Council reached a political agreement in view of a common position on the proposalfor a Directive on the limitation of the emissions of volatile organic compounds due to theuse of organic solvents in certain activities and installations.

The text aims at contributing to the overall strategy to reduce pollution caused bytropospheric ozone. It covers organic solvent emissions caused by commercial andindustrial stationary sources as a complement to

- the directives or projects of directives on atmospheric emissions of mobile sourcesencompassed in the Auto-Oil programme, and

- the directive on the control of volatile organic compound emissions resulting fromthe storage of petrol and its distribution from terminals to service stations adoptedat the end of 1994 (Stage I).

The proposal also provides for some interacting requirements with the IPPC (IntegratedPollution Prevention and Control) Directive which also encompasses larger installationswith a high solvent consumption capacity.

Organic solvents are highly volatile and are emitted in many production activities eitherdirectly or indirectly into the air - generally in the form of organic compounds after havingundergone physical or chemical transformation. A number of these organic compounds arecarcinogenic, mutagenic or toxic and, therefore, directly harmful to human health or to theenvironment. Exposure to such solvents occurs mainly in certain industrial and urbanareas.

The main types of solvent-using installations are covered, with the aim of an emission cutof at least 50 % by 2010, compared to 1990 levels. Considered as a substances-orientated Directive, it defines reduction targets by means of emission-limit values to bereached through either the abatement at emission sources by using appropriate end-of-pipe abatement technology or substitution technology.

The sectors covered include, inter alia, the manufacturing of varnishes, inks andadhesives, the coating industry, vehicle coating and vehicle refinishing, surface cleaning,dry cleaning, printing, wood impregnation and the manufacture of pharmaceutical products.

Certain installations that have recently invested in abatement equipment are, under certainconditions, derogated from the emission limit values of the Directive, so as to avoid theseplants being required to reinvest precipitately.

It is also foreseen that Member States, rather than applying the proposed emission limitvalues (through abatement techniques or substitution) to every single installationencompassed in the scope, can, for existing installations, elaborate national plans tailoredto their own national circumstances. These plans should establish an emission target valuein relation to what would be achieved through the application of individual emission-limitvalue constraints on each installation. This target could then give the opportunity of burden-sharing within particular or between different sectors. The final result in terms of ozone-related emission reductions should nevertheless remain the same and would be scrutinizedby the Commission.

It is recalled that the proposal was presented to the Council at its session of March 1997and was the object of a political consensus in June 1997. The Opinion of the Economicand Social Committee and that of the European Parliament have been delivered on 28May 1997 and on 14 January 1998 respectively.

SIGNATURE BY THE EU OF THE KYOTO PROTOCOL ON CLIMATE CHANGE -CONCLUSIONS

"The European Community will sign, subject to subsequent conclusion, the Protocol to theClimate Change Convention adopted on 11 December 1997 at Kyoto, Japan.

The President of the Council is authorized to designate the persons empowered to signthe Protocol on behalf of the Community and to confer upon them the powers necessaryfor that purpose.

The Council recalls that at the end of the Third Conference of the Parties to the UN-FCCC,the Luxembourg delegation, speaking on behalf of the European Community and itsMember States, stated that the European Community, as a regional economic integrationorganization with a highly integrated economy, together with its Member States plan to takeadvantage of the joint fulfilment provisions of the new Protocol and requested that astatement be recorded accordingly in the minutes of the session.

In the light of this, the Council agrees that the following statement will be made at the timeof signature:

"The European Community and its Member States will fulfil their respective commitmentsunder Article 3, paragraph 1, of the Protocol jointly in accordance with the provisions ofArticle 4.""

The so-called Kyoto protocol on climate change (see also following agenda item) wasopened for signature on 16 March. Signing of the protocol signifies the intention ofcountries to ratify the agreement and is, therefore, also a political gesture. The protocol willenter into force only after 55 parties representing at least 55% of the 1990 total CO2emissions of Annex I parties (i.e. industrialized countries) have ratified it.

As this is an area of "shared competence", both the European Community and its MemberStates will sign the Kyoto protocol.

COMMUNITY STRATEGY ON CLIMATE CHANGE - CONCLUSIONS

"1. The Council believes that the Kyoto Protocol is a major step forward in the fightagainst climate change. Although falling short of the overall objectives set by theEuropean Community and its Member States, legally-binding targets for allindustrialised countries were established and those accepted by the majoreconomies - the United States, Japan and Canada - closely matched the targetaccepted by the Community. It believes that the leading role played by theEuropean Community and its Member States, underpinned by the negotiatingposition established in its conclusions of 3 March 1997, 19 June 1997 and 16October 1997 was a key factor in achieving this outcome.

2. However, the Council regards the Kyoto Protocol as essentially a first step, settingout a framework for action which needs to be further elaborated and clarified. Inthis regard, the Council welcomes the intention, expressed in the decision to adoptthe Protocol, to make a "prompt start" in addressing many of the key outstandingissues at the fourth Conference of the Parties (CoP4) in Buenos Aires in November1998. It considers that further work needs to be done during the period beforeratification and entry into force of the Protocol if the outcome is to live up to thepromise of Kyoto and produce real reductions in greenhouse gas emissions.

The present conclusions, which deal with the next steps of that work, build onearlier Council conclusions, including those of 4 February 1991 which providedauthority for the Community to participate in the negotiations for a frameworkConvention on Climate Change and related Protocols.

The Council recalls that it has concluded that global average temperatures shouldnot exceed 2 degrees Celsius above pre-industrial level and that thereforeconcentration levels lower than 550 ppm CO2 should guide global limitation andreduction efforts. Far greater global limitation and common reduction efforts willtherefore be necessary in the next decades.

3. The Council welcomes the provision for a review of the Protocol at the secondmeeting of its Parties. This will provide an opportunity, inter alia, for the adequacyof the targets of Annex I countries to be reviewed in the light of scientific, social,technological and economic developments. It further recalls the requirement underArticle 3.9 to initiate consideration of commitments for the second commitmentperiod no later than 2005.

4. Noting that it was not possible to agree legally-binding targets for a period earlierthan 2008 to 2012, the Council emphasizes the importance of the requirementunder Article 3.2 of the Kyoto Protocol that Annex I Parties must have madedemonstrable progress in achieving their commitments under the Protocol by 2005.The Community and its Member States will work towards early signature andratification of the Protocol and action under it; and the Council urges other Partiesto do likewise, especially those with legally-binding targets since it attachesimportance to their broad participation at the time of entry into force of the Protocol.

5. In this regard, the Council considers it important that the European Community andits Member States sign the Protocol early, in order to signal their continuingcommitment to achieving its objective. However the Council notes that beforeratification satisfactory progress on a number of outstanding issues is necessary,particularly with regard to the operation of flexible mechanisms such as emissionstrading, joint implementation and the clean development mechanism, to ensure thatthese provide real, cost effective, and verifiable environmental benefits and do notcreate loopholes that undermine the objectives of the Protocol.

6. The Council welcomes the inclusion in the Protocol of provisions enabling Partiesjointly to fulfil their commitments under Article 3 of the Protocol. It reaffirms theintention of the Community and its Member States to utilise these provisions. TheCouncil stresses the importance of reaching early agreement on the contributionsof Member States to the 8% reduction target agreed at Kyoto, in order to enableMember States and the Community to begin the process of preparing for ratificationof the Protocol.

7. The Council recalls its earlier conclusions on burden-sharing and reaffirms that theinitial distribution agreed in March 1997 would guide the determination of the finalcontribution of each Member State towards the reduction to be achieved by theCommunity as a whole, subject to re-examination on completion of the Kyotonegotiations, on the basis of an assessment of actual developments, taking accountof the principles and approaches referred to in its conclusions of 3 March 1997. Itexpresses its intention to agree this determination at its next meeting. It notes inthis context that the targets agreed at Kyoto are based on a basket of sixgreenhouse gases, allow Parties to choose to use a 1995 baseline for theiremissions of HFCs, PFCs and SF6 if they wish, and provide for the inclusion ofsinks calculated as changes in carbon stocks resulting from certain direct human-induced land use change and forestry activities. The Council requests the Ad HocGroup to complete as a matter of urgency any preparatory work necessary tofacilitate an agreement.

8. The Council regrets that it was not possible to agree upon the inclusion of a widerange of legally binding policies and measures in the Protocol. It welcomes howeverthe provision in the Protocol relating to aviation and marine bunker fuels and theprovisions for cooperation on and coordination of policies and measures. Itbelieves it is important to make rapid progress under those provisions and inparticular it urges Annex I Parties to pursue work through ICAO and IMO to limit orreduce GHG emissions, noting, inter alia, the proposals made in this context atKyoto by the Community and its Member States.

9. The Council also recalls its earlier conclusions, emphasising the importance of thefurther elaboration and implementation of common and co-ordinated policies andmeasures (CCPMs) which, as well as national policies and measures, are anecessary contribution to the achievement of the Kyoto target. It emphasises theimportance of elaborating such policies in an integrated manner and of properattention being given to them in all the appropriate formations of the Council.

10. The Council recalls its conclusions of 3 March 1997 which identified CCPMs in anumber of areas as having high potential for contributing to meeting the reductionobjectives to be agreed at Kyoto. In this context, the Council welcomes theCommission’s intention to produce a further Communication setting out a strategyon climate change, following completion of the Kyoto negotiations. It urges thatthis should be brought forward as early as possible and that it should focus onareas where agreement can be reached in June. The Council requests the Ad HocGroup to continue urgently its consideration of CCPMs and to concentrate onpriorities to enable the June Council to reach agreement on specific options. Intaking this work forward, the Council urges the Commission and the Ad Hoc Groupto bear in mind the importance of integrating climate change considerations acrossa number of key policy areas, in particular economic instruments and taxation,energy on the demand and supply side, industry, transport and agriculture.

11. The Council considers it essential that COP 4 in November 1998 makes progressand maintains the momentum of Kyoto. The Council stresses the importance thatmodalities, rules and guidelines for the operation of flexible mechanisms under theProtocol should be consistent with each other. The Council reaffirms that domesticaction should provide the main means of meeting the commitments under Article3 of the Protocol and that the modalities, rules and guidelines for the operation offlexible mechanisms should ensure that those mechanisms do not undermine thisprinciple or weaken the commitments under Article 3. In this context a concreteceiling on the use of flexible mechanisms has to be defined to achieve these aims.

12. In particular, the Council stresses that emissions trading should be subject toappropriate rules and that these should be developed at CoP4. The Councilwelcomes the provision in the Protocol that trading shall be supplemental todomestic action. It continues to believe that emissions trading should deliver realreductions at lower cost and that the trading of so-called "hot air" should not leadto overall reductions being lower than would otherwise be the case.

Rules should be developed to ensure in particular that the emission trading systemis transparent, accessible and verifiable, functions in a non discriminatory mannerand does not lead to distortions of competition. A clearing-house system mayfacilitate this. In preparation for the June sessions of the Convention subsidiarybodies, the Council requests the Ad Hoc Group to identify urgently all key elementsof such rules.

13. The Council welcomes the inclusion of joint implementation between developedcountries in the Protocol. It stresses its belief that effective guidelines should beelaborated by the CoP to the Convention at its fourth session to ensure a fullyaccessible, transparent and accountable system.

14. Finally, the Council considers that the clean development mechanism could havean important role to play in assisting developing countries to achieve sustainabledevelopment and in contributing to the ultimate objective of the Convention, byencouraging action by both the private and public sectors to mitigate climatechange and by accelerating the transfer and diffusion of technology. An earlydecision is needed to determine the extent to which the commitments of Annex IParties under Article 3 of the Protocol can be met through the clean developmentmechanism. It is also essential that the operation of the mechanism ensures thatgenuine additional reductions or limitations of emissions are achieved throughprojects in developing countries. The modalities of the mechanism should beclarified drawing upon the role and experience of the operating entity of the financialmechanism and other existing institutions. The Council believes that COP 4 shouldaddress as a matter of priority these and other issues, and in particular mustconsider the implications of the provision in the Protocol which allows creditsobtained during the period from 2000 up to the start of the first commitment periodto be used to meet targets during the first commitment period.

15. On the question of carbon sinks, the Council notes the limited inclusion of sinkcategories in the targets agreed in Kyoto and the provision for additional categoriesto be added later. The Council recognises that there is a need for further work toclarify the activities that will fall within existing categories as well as themethodologies for estimation of removals and modalities for reporting. It takes theview that further methodological work by the IPCC should guide the decision-making process on the inclusion of other categories.

16. The Council reiterates the need for a strong, efficient and effective complianceregime backing the legally binding commitments under the Protocol. In this contextit considers it important that work to elaborate procedures and mechanismsentailing binding consequences for Parties in non compliance is initiated at CoP 4.

17. The Council reaffirms its belief that in accordance with the Berlin Mandate and theirresponsibilities under the Convention it was right that developed countries shouldtake the lead by agreeing legally binding targets at Kyoto. It also recognises thesteps that developing countries are already taking under the Convention and notesthe advancement of these under the Protocol. However it is clear that ultimatesuccess in combatting climate change will require increasingly global participation.In that context, it regrets that no progress was made to include a provision in theProtocol for non-Annex I Parties to take on quantified obligations on a voluntarybasis.

18. The Council believes the European Community and its Member States shouldcontinue their dialogue with developed and developing countries about how to takeforward the issue of increasing participation in global efforts to combat climatechange at CoP4 and beyond, such as through an early review of the obligations ofall Parties under the Convention, taking account of the provisions for review inarticles 4.2 (d) and 7.2 of the Convention and in article 9 of the Protocol. In thiscontext, the Council reiterates its belief that in the longer term methods to allocatereduction or limitation targets should eventually lead to convergence of emissionslevels based on appropriate indicators.

19. The Council stresses that increasing global participation over time must be inaccordance with common but differentiated responsibilities and must take into fullaccount the legitimate priority needs of developing countries for the achievementof sustainable economic and social development and the eradication of poverty."

The Kyoto Protocol to the United Nations Framework Convention on Climate Change(UNFCCC) strengthens the commitments of industrialised countries by setting quantifiedemission limitation or reduction targets for the period after 2000. The targets which concerna "basket" of 6 greenhouse gases, are legally binding. The Community as a whole willhave to reduce its emissions of these gases by 8 % in the period 2008-2012: for carbondioxide (C02) - by far the most important substance responsible for global warming -,methane (CH4) and nitrous oxide (N2O) the baseline is represented by the 1990 level ofemissions; for the three industrially produced gases, i.e. hydrofluorocarbons (HFCs),perfluorocarbons (PFCs) and sulphur hexafluoride (SF6), cuts can be measured againsteither a 1990 or 1995 baseline.

NEGOTIATIONS WITH INDUSTRY ON CO2 EMISSIONS FROM MOTOR VEHICLES -- CONCLUSIONS

"1. The Council reaffirms its conclusions of 25 June 1996(*) .

2. The Council notes with interest the European Automobile ManufacturersAssociation's (ACEA) outline proposal including the offer of 140 g/km by 2008 andbelieves the offer could be the basis for further negotiations leading to anagreement, but that adequate further examination of the whole proposal will benecessary, taking into account inter alia the points below.

3. The Council notes in particular that the terms of the outline proposal, including theconditions on fuel quality standards and no negative measures against diesel carsrequire further information and analysis.

4. The Council therefore requests the Commission to continue discussions with theindustry to analyze and clarify further the whole proposal.

(*) These conclusions state, inter alia, that an agreement with the automobileindustry "should seek to commit the industry in the European Union as a whole,as well as importers, to make the major contribution to the achievement of theCO2 emission value objectives" of a strategy to reduce average CO2 emissionsof newly registered passenger cars to 120 grams of CO2 per kilometre by 2005or 2010 at the latest.

5. In addition the Council requests the Commission to consider further relevantmatters, including:

(a) the inclusion of intermediate targets;(b) how to monitor progress towards meeting the targets;(c) the ACEA assumption "that the main car manufacturing countries implement

similar policies";(d) whether ACEA have assumed that other instruments of the Community

strategy are implemented;(e) how to include non-ACEA manufacturers and importers; and(f) the procedural framework for any agreement(s) with ACEA and non-ACEA

manufacturers and importers.

6. The Council requests the Commission to report on these matters and give itsopinion on the proposal in due time before June 1998. The Council notes theCommission's intention to keep the European Parliament informed on thedevelopment of its discussions with industry.

7. The Council requests the Commission to analyze what contribution ACEA's offercan make to the Community and Member States commitments under the KyotoProtocol to the Framework Convention on Climate Change;

8. The Council further requests the Commission in consultation with the MemberStates and ACEA to continue considering the further measures that might berequired in order to achieve the Council's medium term objective of 120 g/km."

CO2 MONITORING MECHANISM

The Council reached political agreement on a common position concerning the decisionfor amending the so-called "CO2 monitoring mechanism". The common position will beformally adopted, without further debate, at a later stage.

The original aim of the Commission proposal was to update Decision 93/389/EEC byextending monitoring beyond 2000, and by also taking into consideration greenhousegases other than CO2.

The text agreed by the Council goes further in the sense that it establishes a mechanismfor :

- monitoring all anthropogenic (i.e. man-made) emissions of greenhousegases not controlled by the Montreal protocol on ozone-depletingsubstances;

- evaluating progress towards meeting commitments in respect of theseemissions, taking into account also the protocol agreed in Kyoto lastDecember.

According to the draft decision, the Member States would implement national programmesfor limiting and/or reducing their anthropogenic emissions by sources and enhancingremovals by sinks of greenhouse gases in order to contribute to:

- the stabilization of CO2 emissions by 2000 at 1990 levels in the Communityas a whole, assuming that other leading industrial countries undertakecommitments along similar lines, and with a differentiation between MemberStates as agreed in various Council conclusions;

- the fulfilment of the EC's commitments under the Climate ChangeConvention and the Kyoto Protocol (see previous agenda items);

- transparent and accurate monitoring of the actual and projected progress ofMember States, including the contribution made by Community measures,in meeting any agreed national contributions to the EC's internationalcommitments.

Member States would determine their emissions in accordance with the methodologiesagreed upon in Kyoto. They would report the data on emissions and sinks to theCommission on an annual basis. The Commission would then establish inventories for theentire Community. It would also assess annually whether the actual and projected figuresare sufficient to ensure that the Community and its Member States are on course to fulfiltheir commitments.

AIR QUALITY STA NDARDS - DAUGHTER DIRECTIVE

The Council held an orientation debate - televised to the press and wider public - on theproposed Directive relating to limit values for sulphur dioxide, oxides of nitrogen, particulatematter and lead in ambient air.

The proposal was submitted to the Council in September 1997. The European Parliamentand the Economic and Social Committee have not yet delivered their opinions on theproposal.

The proposal addresses the main pollutants for ambient air and reflects WHO standardsas recently agreed. Its framework has already been traced by Directive 96/62/EC, usuallyreferred to as the "mother directive".

At the end of the debate, the President noted :

- that broad support existed for the Commission's approach on air quality standards,although some technical adjustments to the standards may be further agreed;

- in this context, that available scientific information needs to be improved, especiallyas regards particulate matter, and that, therefore, it is appropriate to introduce areview clause in connection with the report on implementation provided for in Article10;

- the need for a measure of flexibility, necessary in some circumstances, particularlywhere these depend on natural causes. However, possible exceptions should belimited and be accompanied by appropriate monitoring procedures and safeguards;

- the importance of correct, timely and exhaustive information to the public, payingattention, however, not to overburden local administrations with excessiverequirements, while ensuring that data, especially those relating to human health,are readily available to the public;

- that further work, to be conducted at technical level, was needed with a view toreaching political agreement at its next session in June.

It is recalled that the proposal aims at:- setting out limit values for sulphur dioxide, oxides of nitrogen, particulate matter and

lead and, as appropriate, alert thresholds for these pollutants designed to avoid,prevent or reduce harmful effects on human health and the environment;

- assessing concentrations on the basis of common methods and criteria;- obtaining adequate information and ensuring that it is made available to the public;- maintaining ambient air quality where it is good and improving it in other cases.

THE KEEPING OF WILD ANIMALS IN ZOOS

The Council had an orientation debate on the proposal for a Recommendation relating tothe keeping of wild animals in zoos, submitted by the Commission on 13 December 1995with Article 130s(1) of the treaty as the legal basis.

The proposal covers permanent establishments where live animals of species notdomesticated in the European Community are kept for exhibition. It includes detailedguidelines regarding, inter alia, the care of animals, safety, species in danger of extinctionand the educational aspects, in order to enable zoo operators to achieve certain objectivescorresponding to the functions of such establishments.

During the debate, Ministers addressed the possibility of adopting a directive, as requestedby the European Parliament in its Opinion of January 1998, instead of a non-bindinginstrument

The President concluded, at the end of the debate, that the Presidency will reflect on thebest way forward, having taken note of the positions expressed by Member States.

FOURTH CONFERENCE OF THE PARTIES TO THE BIODIVERSITY CONVENTION

The Council adopted conclusions (see Annex) formulating general policy orientations onthe main agenda items of the 4th Conference of the Parties (CoP) to the Convention onBiological Diversity (CBD) to be held in Bratislava, 4-15 May 1998 and on the round-tablewhich the Government of Slovakia is convening on 4-5 May on Biological Diversity.

SIXTH SESSION OF THE COMMISSION ON SUSTA INABLE DEVELOPMENT -CONCLUSIONS

"1. The Council recalling its previous conclusions on this matter, confirms the greatimportance the European Community attaches to the process engaged since theUnited Nations' Conference on Environment and Development in Rio de Janeiro in1992. The Council welcomes the work programme that has been established by theUN General Assembly Special Session (UNGASS) in June 1997 for the work ofCSD for the years 1998-2002.

2. In this context the Council recalls in particular the initiatives taken by the EuropeanCommunity at UNGASS for a strategic approach on freshwater, as well as theinitiatives on energy and eco-efficiency. The Council welcomes the mandate givento CSD to concentrate during its 1998 session on freshwater and industry.

3. The Council reconfirms the importance the EC attaches to the overriding themesstressed by UNGASS concerning the eradication of poverty, the change towardssustainable patterns of production and consumption and the role that ODA plays inpromoting sustainable development.

4. The Council takes note of the outcome of the Expert Group Meeting on StrategicApproaches to Freshwater Management hosted by the Zimbabwean Government;the Ad-hoc Intersessional Working Groups of the Commission on SustainableDevelopment on Strategic Approaches to Freshwater Management and on Industryand Sustainable Development; the Petersberg (Bonn) round table on Global WaterPolitics - cooperation in transboundary water management hosted by the GermanGovernment; and the Paris Conference on Water and Sustainable Developmenthosted by the French Government.

The Ministers present at the Conference reaffirmed the essential importance of anintegrated management of water. They encouraged the availability of public andprivate resources and the education of all stakeholders. They agreed on a finaldeclaration and a programme of priority actions which will be transmitted to CSD.

5. The Council agrees that, at the Commission on Sustainable Development in April,the European Union should press for decisions within existing organizations whichadvance fresh water management beyond the programme set out in the 1992Agenda 21 and along the lines of UNGASS 1997. These decisions should include:

(a) building on progress made at Harare, Petersberg (Bonn) and Paris meetingson, in particular, regional cooperation, public/private partnerships, technologytransfer, cooperation in and resolution of transboundary water resourcesissues within the river basins framework, taking into account the interests ofall states concerned, and the protection of biodiversity and eco-systems andthe importance of gender issues;

(b) the follow-up should be assured and defined clearly, particularly in relationto the roles of UN Organizations, including UNEP, governments andestablished international networks;

(c) encouragement of water and other relevant industries at national andinternational levels to establish codes of conducts which can help promoteand disseminate best practice;

(d) further work to create and to ensure an enabling policy framework thatencourages public/private partnerships which promote developing countries'efforts in sustainable development, management, distribution and use ofwater resources, including the evaluation of water quality and quantity andthe access to safe drinking water and adequate sanitation;

6. The Council agrees that the European Union should also press for decisions withinexisting organizations, including UN Organizations, such as inter alia UNIDO andUNEP, which include the following:

(a) help establish a process of dialogue between industry (including Small andMedium Enterprises) and all stakeholders at local, national, regional andinternational levels;

(b) encourage among other things the adoption of guidelines and codes ofconduct, environmental management systems and measures to achieveimprovements in eco-efficiency; and thereby promote transparency andsocial responsibility in the environmental and social decisions of business;

(c) promote the role of private investment as well as multilateral financialinstitutions in fostering the sustainable development and transfer ofenvironmentally sound technologies, especially to developing countries; and

(d) encourage business to operate and disseminate best practice throughouttheir operations worldwide, taking into account local circumstances .

(e) The EU should encourage industry and business community to integrate

sustainability in their strategic plans and day to day operations e.g. throughactions that address environmental degradation from the production processand from the products.

7. The Council takes note of the review of the UN Guidelines on Consumer Protectionand notes that they are likely to be referred to the 1999 Commission on SustainableDevelopment for consideration. The Council also notes there is a need for furtherpreparation of this issue before the 1999 meeting of the CSD.

8. The Council strongly urges Member States to be represented at the Commissionon Sustainable Development at Ministerial level, including by Ministers responsiblefor water, development and industry issues."

COMMUNITY ACTION IN THE FIELD OF WATER POLICY

The Council took note of a progress report on the amended proposal for a Directiveestablishing a framework for Community action in the field of water policy, presented bythe Commission in April 1997.

The proposal aims at protecting surface water and groundwater in accordance with a newapproach based on the concept of river basins. To this end, the proposal establishescommon objectives and basic measures. It addresses quality and quantity aspects andadvocates protection and sustainable use of water resources. Measures to achieveenvironmental objectives are to be coordinated and monitored in principle within the riverbasins. It formalizes the "combined approach" which connects the control of pollution atthe source with quality objectives for the environment.

The Council agreed that work should be pursued with a view to making substantialprogress at its next session in June when the opinions of the European Parliament and theEconomic and Social Committee might become available.

REDUCTION OF THE SULPHUR CONTENT OF CERTA IN LIQUID FUELS

The Council took note of the progress achieved on the proposed Directive relating to areduction of the sulphur content of certain liquid fuels and amending Directive 93/12/EEC,transmitted by the Commission on 21 May 1997.

The proposal is part of the Community strategy to combat acidification and is aimed atreducing emissions of SO2 across the EU by placing restrictions on the sulphur contentof heavy fuel oil and gas oil.

The Council agreed to pursue work in view of achieving progress in the short term, ifpossible at the June session of the Environment Council.

ANNEX

"The Council

welcomes the ongoing effo rts to implement the CBD,

reaffirms the Community's commitment to fulfil its obligations under the Convention

notes the results of the meeting of the Subsidiary Body on Scientific, Technical andTechnological Advice in Montreal in September 1997, and other meetings conducted underthe Convention

and recalls its earlier conclusions on the Convention on Biological Diversity, in particularon pending issues (item 5) and incentive measures (item 15.1)

A. Items on the Agenda of the Ministerial Roundtable on Biological diversity

1. Integrating conservation and sustainable use of biological diversity intosectoral activities

The Council recognises the importance of fully integrating biological diversity concerns intoall relevant sectoral activities, if the objectives of the Convention are to be achieved in allwalks of life. The elaboration and implementation of biodiversity strategies are of utmostimportance for this purpose. The Convention is so wide-ranging in its scope that it will onlybe fully implemented if such an all-embracing approach is adopted. There is a need forParties to set an example in such efforts, and learn from each other, but integration isneeded also in the work of international and regional organisations; government at alllevels including local government; and a range of bodies and processes outsidegovernment.

2. Strengthening the role of the private sector in the implementation of theConvention

The Council affirms the importance of enhancing the participation of the private sector inthe implementation of the Convention, in a focused and constructive way, bearing in mindthe economic importance of biodiversity, and building on issues such as incentivemeasures and access to genetic resources where a distinctive private sector interest andcontribution can be identified, addressing i.a. the need for this participation to becomplementary to actions taken in the public sector. The Council commends efforts tofurther such involvement, including the WBCSD/IUCN guide "Business and Biodiversity",and looks forward to continued and productive growth in private sector participation inConvention activities.

3. Promoting biodiversity-friendly tourism worldwide

Given the continued rapid growth in tourism, and its potential for considerable impact onbiodiversity, the Council welcomes the chance to consider the role of tourism in theconservation and sustainable use of biological diversity. The Council notes the recognitionof the importance of sustainable tourism in the programme for the further implementationof Agenda 21 adopted by the UNGA Special Session, and welcomes the contribution madeby initiatives such as the Berlin Declaration on Biological Diversity and SustainableTourism and the World Conference on Sustainable Tourism, Lanzarote (1995).

B. Community Biodiversity Strategy

The Council takes note of the adoption of a European Community Biodiversity Strategy bythe Commission, complementary to the strategies of the Member States, in order tofurther the implementation of existing Community policy on biological diversity and theintegration of biodiversity concerns into the relevant sectoral Community policies andinstruments. The Council endorses the approach adopted in the Community BiodiversityStrategy to integrate biodiversity concerns into relevant policy areas and the two stepsprocedure proposed for its implementation by setting specific policy objectives to beachieved through action plans and other implementing measures. This approach shouldbe highlighted in the dialogue with other Parties. The Council looks forward to detailedconsideration of the Strategy in due course. The Council also welcomes the transmissionof the Community Biodiversity Report, including a summary of the Strategy, and looksforward to implementation of the Strategy through the elaboration, in 1998 and 1999, ofaction plans in relevant sectors and policy areas, to be submitted to the Council.

C. Items on the Agenda of the Conference of the Parties

1. Status and trends of the biological diversity of inland water ecosystems andoptions for conservation and sustainable use (item 6)

The Council considers that the 4th CoP of the CBD should instruct the Executive Secretaryto develop a prioritised multi-year work programme, based on SBSTTA RecommendationIII/1 taking into account the role of protected areas, in view of the importance forbiodiversity of inland waters, and the threats they face, and the need to integratebiodiversity concerns in all relevant aspects of water management. The ExecutiveSecretary should continue, and further develop, collaboration with other fora relevant to theconservation and sustainable use of the biodiversity of inland waters, including the RamsarConvention,, to ensure co-ordination of activities and avoid duplication of effort , takingparticular account of the work of the Commission on Sustainable Development. The CoPshould also encourage the further development of transboundary co-operation betweencountries in relation to the conservation and sustainable use of inland water ecosystems.

2 Reports on programmes of work (item 7)

Taking account of the cost implications of all proposals and stressing that theseprogrammes of work should be action-oriented and undertaken in a general frameworkwhich:- favours cooperation with all relevant international organisations;- facilitates contributions by parties to the implementation of these programmes;- guides parties' policy-making.

2.1 Jakarta Mandate on marine and coastal biological diversity (item 7.1)

The Council is of the firm view that the 4th CoP of the CBD should decide on thesubsequent development of a programme of work to be carried out under the Jakartamandate and should instruct the Executive Secretary to undertake this work programmeover the next three years.

The aim of the programme of work is to mobilise urgent action by Parties for theconservation and sustainable use of biodiversity and marine and coastal ecosystems.

The content of the work programme should build on that adopted in principle under theJakarta mandate, taking into account the prioritisation by the Executive Secretary in thelight of the experts meeting held in Jakarta in March 1997, and elaborated in SBSTTARecommendation III/2.

2.2 Agricultural biological diversity (item 7.2 )

The Council acknowledges the progress made so far in initiating the development of themulti-year work programme on agricultural biological diversity called for in decision III/11.The Community fully endorses the view of SBSTTA in recommendation III/4 thatcompletion of the review of the identification and assessment of ongoing activities at theinternational and national level is a top priority, and should be accomplished well inadvance of the next meeting of SBSTTA. Furthermore the existing cooperation betweenthe CBD Secretariat and the FAO should be expanded to include other international bodiesactive in this field.

The Council recognises that the development of, and reporting on, the multi-year workprogramme is an iterative and phased process. In the first instance, it would like toencourage work programmes which incorporate activities which give particular priority tothree coherent aspects of agricultural biological diversity viz genetic resources for food andagriculture, biological production factors, and natural features within the thematic areasidentified by decision III/11. In respect of genetic resources for food and agriculture, theCommunity is of the opinion that the CoP should urge FAO to give high priority to therevision of the FAO International Undertaking on plant genetic resources for food andagriculture which it should endeavour to finalise in 1999, and implementation of the GlobalPlan of Action for Plant Genetic Resources for Food and Agriculture. The Councilacknowledges the progress made within the FAO on both of these issues and considersthat they should continue to be dealt with in that forum, but that the COP should be keptclosely informed of developments.

2.3 Forest biological diversity (item 7.3)

The Council affirms the importance to the implementation of the CBD of the conservationand sustainable use of forest biological diversity, given the crucial role that all types offorests play in conserving global biological diversity, and the extent of the threats forests,and particularly natural forests, are facing. The Council emphasises the importance ofcollaboration and coherent action at the global, regional and national levels onforest-related issues, for example along the lines of work being undertaken within thePan-European Biological and Landscape Diversity Strategy, and the Ministerial Processon the protection on forests in Europe.

The Council therefore believes that the 4th CoP to the CBD should endorse a rollingthree-year work programme on forest biological diversity which takes account of proposalsfor action of the Intergovernmental Panel on Forests, as endorsed by the UNGA SpecialSession, and is complementary to work underway in the Intergovernmental Forum onForests . This work programme should take account of SBSTTA's recommendation III/3.

3. Assessment and review of the operation of the clearing- house mechanism(item 8)

The Council considers that the 4th CoP of the CBD should require the Executive Secretaryto carry out an independent review of the pilot phase of the CHM and draw conclusionsto guide subsequent implementation. The CoP should also request that the financialmechanism provide appropriate help in the full development and implementation of theCHM and the strengthening of national biological diversity and related technologicalinformation systems. In this respect the Council stresses the importance of Partiesimplementing policies to ensure their effective participation in the CHM, i.a. through thedevelopment of technical and scientific cooperation projects where appropriate in relationto training, capacity-building and technology transfer.

Where practical and appropriate, guidance should be provided to Parties on standards andstructures relevant to the full and effective connection of national focal points to themechanism, and its ease of use.

4. Issues related to biosafety (item 9)

The Council reaffirms its wish to see early conclusion of the negotiation of a Protocol onbiosafety and endorses the recommendations of the 4th meeting of the Open-ended AdHoc Working Group on Biosafety (BSWG) to the 4th CoP to the Convention on BiologicalDiversity in this regard. In particular, the Council considers that the Protocol should beadopted by the end of 1998, but that if this proves impossible adoption should occur nolater than February 1999. The Council is aware that the CoP should provide the fundsnecessary to achieve this timetable.

The Council recognises the valuable contribution of the present bureau and chairman ofBSWG who were appointed by the CoP until the 4th CoP, and recommends that CoP 4confirms their continuation in this role. The Council considers that CoP 4 should make thenecessary provisions for a rapid start to implementation following adoption of the Protocol.

5. Implementation of Article 8(j) and related provisions (item 10)

The Council believes it is important for the 4th CoP of the CBD to endorse the furtherdevelopment of a work programme for Article 8(j) and related articles, and to decide on theappropriate process and institutional structure for facilitating the implementation of futurework in this area within the Convention, taking into account the result of the Madridworkshop .

Such work should address the role of indigenous and local communities, as defined inArticle 8(j), in fulfilling the objectives of the Convention, and seek to ensure the appropriateinvolvement of indigenous and local communities themselves along with other relevantgroups.

It is important for any chosen process and structure to be cost-effective and to add realvalue in promoting the objectives of the Convention.

6. Synthesis of information contained in national reports on the implementationof the Convention (item 11)

The Council recognises the importance of the first national reports under the Convention,with their focus on implementation of Article 6, in providing an excellent basis for assessingthe progress achieved by Parties in implementing the CBD's objectives. The Counciltherefore welcomes the actions of all Parties who have by now submitted reports, andurges those whose reports are still awaited to compile and submit them as soon aspossible.

The Council looks forward to initial consideration of reports so far submitted at the 4thCoP to the CBD, including by starting to identify any common problems and possiblesolutions and their relevance to the agendas of future CoPs. The reports will also be ofvalue to Parties in the longer term, by providing information on the progress of work at thenational and regional levels, in other international fora, and for stimulating bilateralexchange of information and co-operation. It is therefore important for the reports to bemade widely available.

The Council further believes that it is essential for the future of the CBD that these reportsbe presented in a far more quantified and specific manner, e.g. through the use ofindicators, allowing for a more effective assessment of efforts made towards meeting theobjectives of the CBD. In this respect the Council welcomes the ongoing activities initiatedby the EEA, the CBD and other fora to develop indicators for biological diversity.

7. The relationship of the Convention with the Commission on SustainableDevelopment and biodiversity-related conventions, other internationalagreements, institutions and processes of relevance (item 12)

7.1 Results of the special session of the General Assembly to reviewthe implementation of Agenda 21 (item 12.1)

7.2 Cooperation with other agreements, institutions and pro cesses relevant toin-situ conservation (Article 8) (item 12.2)

The Council notes the continuing need for the CBD to work closely with other relevantagreements, institutions and processes, including in the area of Article 8 (in-situconservation), given the interrelationships between their work and that of the Conventionand the need to ensure greater harmonisation of reporting requirements, bettercoordination of meetings, developing cooperation with other secretariats, and seekinggreater scientific cooperation.

The Council welcomes the outcome of the special session of the UN General Assemblyheld to review the implementation of Agenda 21, including its restatement of the need forurgent action in response to the threat to biodiversity, its endorsement of a range of actiontoimplement the provisions of the Convention, and its encouragement of closer cooperationbetween the CSD and the Convention.

8. Review of the operations of the Convention (item 13)

The Council attaches great importance to the review of the operations of the Conventionto be conducted by the 4th meeting of the CoP and considers that this should concentrateon the key areas identified at the workshop held in London from 5 to 7 January.

The review should therefore:

- address the role of SBSTTA, as defined in Article 25 of the Convention, including thequestion of how best to ensure structured scientific input to its deliberations, in atransparent, inclusive and widely accepted way, as well as the interaction with theCoP. For this the Council suggests the CoP considers the possibility of establishingad-hoc small issue-based panels;

- consider the way the CBD inter-relates with major groups, given the latter'simportance to effective implementation of the Convention at all levels. The CoPshould consider ways in which it might better harness the wide range of knowledge,skills and other resources civil society contains, in both policy-making andimplementation of the Convention.

- address the institutional structures of the Convention, and whether their operationcould be improved, for example as regards the decision-taking process.

Finally the Council believes it is important for the 4th CoP to reach decisions on the futureprogramme of work of the Convention. Consideration should be given to the adoption ofa rolling programme of work anticipating the next 4 CoPs, to facilitate the participation ofall parties and partners, and help achieve a consensus on scientific input. Depending onany decisions on their periodicity, each CoP might have several theme areas, for exampleone or more among the three CBD objectives, one on a particular ecosystem, and one ona cross-cutting issue.

In this respect, the Council recognises that the ecosystem approach could becomplemented with a biogeographical approach when implementing certain provisions ofthe Convention, e.g. Article 18.

9. Financial resources and mechanism (item 14)9.1 Memorandum of Understanding between the Conference of the Parties

and the Council of the Global Environment Fac ility (item 14.1)9.2 Activities of the Global Environment Facility (item 14.2)9.3 Review of the effectiveness of the financial mechanism (item 14.3)9.4 Review the implementation of decision III/6 on additional financial

resources (item 14.4)9.5 Further guidance to the financial mechanism (item 14.5)

The Council considers that the Global Environment Facility has performed well as thefinancial mechanism of the Convention and continues to believe that it should be grantedpermanent status as that mechanism. The Council notes the synthesis report of the reviewof the effectiveness of the financial mechanism and the range of comments it contains.The Council notes that only a small proportion of Parties responded to the request forviews and that many comments in the synthesis report appear to be unsubstantiated. TheCouncil therefore believes that the 4th CoP of the CBD should not try to use the report todraw firm conclusions about the effectiveness of the financial mechanism but that it shoulddraw on the full range of relevant sources in reaching conclusions. The Council notes thatthe Global Environment Facility recently commissioned an independent review of itsoperations. Many of the issues raised in the synthesis report are addressed veryeffectively in the overall review. The Council believes that the CoP should take full accountof the outcome of the GEF's overall review in considering how to take this issue forward.

The Community will work to encourage the financial mechanism to further improve itsperformance and its responsiveness to developing country concerns.

10. Measures for implementing the Convention (item 15)10.1 Incentive measures: consideration of measures for the implementation of Article 11

(item 15.1)

The Council supports the continuation of the work on incentive measures taking place underthe SBSTTA, but also in other international fora, such as the OECD, with a view to thepossible implementation of its future outcome, and notes that some instruments includingincentives measures,on e.g. habitats and species protection, are already in place in theCommunity. The Council particularly looks forward to the culmination of work in the OECD toproduce a handbook to assist Parties' implementation of incentive measures for theconservation and sustainable use of biodiversity.

10.2 Public education and awareness: consideration of measures for theimplementation of Article 13 (item 15.2)

The Council welcomes the growing involvement of all major groups in the implementation ofthe CBD at international, regional, national and local levels. The concept of biological diversityis gaining in recognition, but more needs to be done to explain the purposes of the Conventionin clear language, and to convey the wider role the concept of biodiversity plays in sustainabledevelopment for example through the implementation of Local Agendas 21.

The Council recognises that primary responsibility for improving public education andawareness rests with Parties, who are best placed to take into account the particular levels ofknowledge, institutional arrangements, and other approaches which characterise their nationalsituation. It will be important to learn any relevant lessons from national reports to the CBD,and to consider how to organise assistance for Parties who may be keen to develop publicawareness and education strategies but lack the ability to do so.

The Council also believes that the 4th CoP to the CBD should consider complementingnational efforts through close co-operation with international organisations and existing relatedinitiatives, the development of guidelines and the exchange of experiences where feasible viathe Clearing House Mechanism.

10.3 Impact assessment and minimizing adverse effects: consideration ofmeasures for the implementation of Article 14 (item 15.3)

The Council recognises the importance of implementing Article 14, and notes the progressalready made towards this end by means of both national action by member states and actionat the Community level. This includes measures taken in accordance with the Council Directiveon the assessment of the effects of certain public and private projects on the environment(85/337/EEC), and, more specifically, in accordance with Council Directive 92/43/EEC whichrequires an appropriate assessment of any plan or project which is likely to have a significanteffect on a Special Area of Conservation or a Special Protection Area, established underCouncil Directive 79/409/EEC.

Account should also be taken of measures adopted in accordance with other relevantCommunity legislation.

The Council looks forward to exchanging information on Article 14 with a view to furthering itsearly implementation by all Parties, including in respect of activities with transboundaryimplications.

11. Matters related to benefit-sharing (item 16)11.1 Measures to promote and advance the distribution of benefits from biotec hnology

in accordance with Article 19 ('Handling of Biotec hnology and Distribution ofBenefits') (item 16.1)

11.2 Means to address the fair and equitable sharing of benefits arising out of geneticresources (item 16.2)

11.3 Compilation of views of the Parties on possible options for developing nationallegislative,administrative or policy measures, as appropriate, to implement Article15 ('Access to Genetic Resources') (item 16.3)

The Council looks forward to a productive discussion on benefit-sharing. The 4th CoP of theCBD will have the first opportunity substantively to address this important third objective of theConvention.

The Council recognises the need to take into account related work in all relevant areas andfora, including the OECD Expert Group on Economic Aspects of Biodiversity and theinternational Workshop '"Best Practices" on Access to genetic resources' held in Cordoba,Spain, on 15-16 January 1998, and to balance theoretical consideration of the issues involvedwith practical experience from case studies."

OTHER DECISIONS

Adopted without discussion.

ENVIRONMENT

Convention on the Transboundary Effects of Industrial Accidents

The Council decided the approval by the Community of the above-mentioned Convention whichwas signed in Helsinki on 18 March 1992.

The Convention aims at protecting human beings and the environment against industrialaccidents capable of causing transboundary effects and at promoting active internationalcooperation between the contracting parties before, during and after such accidents.

Provisions concerning international cooperation are also contained in the so-called "Seveso"directives on the major-accident hazards of certain industrial activities (Directive 82/501/EEC)and on the control of major-accident hazards involving dangerous substances (Directive96/82/EEC). As the thresholds for certain substances set out in Directive 96/82/EEC differ fromthose mentioned in the Annex to the Convention, the Council decided to formulate reservationsto the effect that the Member States of the Community, in their mutual relations, will apply therules of the Directive rather than those of the Convention.

Convention on the protection of vertebrate animals used for experimental and otherscientific purposes

The Council decided the approval by the Community of the European Convention for theprotection of vertebrate animals used for experimental and other scientific purposes which wassigned on 10 February 1987.

The Convention establishes the scientific purposes and the conditions in which experimentson vertebrate animals may be authorized, the aim being to reduce the number of animals used,to keep their suffering to a minimum and to introduce the necessary controls to be applied bynational authorities on breeding establishments and on the suppliers and users of laboratoryanimals.

The ultimate aim of the Convention is, in the long term, to replace experimentation on animals,as far as possible, by other procedures.

Prevention of marine pollution - approval of PARCOM Decision

The Council has decided - with Denmark abstaining - the approval by the Community of thedecision taken under the Convention for the prevention of marine pollution from land-basedsources to phase out the use of hexachloroethane (HCE) in the non-ferrous metal industry.HCE is a toxic substance which is bioaccumulating in the eco-system.

Decision 96/1 was adopted by the Paris Commission (PARCOM), the Convention's executivebody. It amends two earlier PARCOM Decisions (92/4 and 93/1) by allowing temporaryexceptions. These concern aluminium foundries not using more than 1,5 kg of HCE on averageper day which turn out specialized products for which there are high quality and safetyrequirements (e.g. for use in aeronautics). The need for these exceptions shall be reviewedby PARCOM in 1998.

Decision 96/1 is in line with EC Directive 76/769 on dangerous substances. This directive interalia also aims to reduce the use of HCE in the Community. Henceforth, the same standardswill therefore apply to all Member States, whether they are parties or not to the above-mentioned Convention.

1979 Convention on l ong-range transboundary air pollution – Reduction of sulphuremissions

The Council decided the conclusion, by the European Community, of the Protocol (to the 1979Convention on Long-range Transboundary Air Pollution) on further reduction of sulphur (SO2)emissions.

The Community and the Member States are parties to this Convention, drawn up in theframework of the United Nations Economic Commission for Europe.

Initially a first SO2 Protocol, providing for a 30% reduction in sulphur emissions by 1993compared with 1980 levels was proposed to the Parties for signing in 1985. The Communitywas not a party to that Protocol, which expired at the end of 1993.

In the framework of the Convention, a second Protocol concerning the control of sulphuremissions was then drawn up and signed by the Parties, including the Community,on 14 June 1994.

This Protocol provides in particular that the Parties must at least reduce and stabilize annualsulphur emissions, complying with a set timetable and with specific ceilings.

The Council decided that the following declaration will be deposited along with the act ofconclusion:

"The European Community states that the ceiling for emissions and the weighted averagepercentage for the European Community ought not to exceed the sum of obligations of theMember States of the European Union which have ratified the Protocol, while stressing thatall its Member States must reduce their SO2 emissions in accordance with the emissionsceilings set in Annex II to the Protocol and in line with the relevant Community legislation."

RESEARCH

5th Framework Programmes in the field of Community research

The Council adopted by unanimity its common position concerning the Fifth FrameworkProgram of the European Community for research, technological development anddemonstration activities(1998-2002). The common position will be transmitted to the EuropeanParliament for a second reading, in accordance with the co-decision procedure.

The Council also confirmed its political agreement concerning the Fifth Framework programmeof the European Atomic Energy Community for research and training activities (1998-2002).

(For both items see Press release of 12 February 1998 n° 5583/98 (Presse 26).

EXTERNAL RELATIONS

UN Convention on the Law of the Sea

The Council adopted the Decision concerning the conclusion by the European Community ofthe UN Convention on the Law of the Sea of 10 December 1982 ("Montego Bay Convention")and the Agreement of 28 July 1994 on the implementation of Part XI thereof (regime of thedeep sea-bed and its resources).

The European Community signed the Convention on 7 December 1984 and the Agreementon 29 July 1994, which cover matters falling under Community competence. The Communityhas been applying the Agreement and Part XI of the Convention provisionally since 16November 1994, and is currently a provisional member of the International Seabed Authority.

The Convention and the Agreement stipulate that an international organization may deposit itsinstrument of formal confirmation if a majority of its members have deposited their instrumentsof ratification/accession. As to this date twelve Member States have done so,(*) the EC mayin its turn deposit its instrument of formal confirmation.

The Council's Decision includes a declaration, made pursuant to the requirements of theConvention and of the Agreement, concerning the competence of the European Communitywith regards to the matters governed by the Convention and the Agreement.

The Decision finally includes an Annex on the procedure to be followed by the EC and itsMember States within the International Seabed Authority.

Anti-dumping - imports of ammonium nitrate from Russia

The Council adopted the Regulation amending Regulation (EC) No 2022/95 imposing adefinitive anti-dumping duty on imports of ammonium nitrate originating in Russia.

The rate of the anti-dumping duty is set at 26,3 ECU/tonne.

Further to a complaint by the European Fertilizer Manufacturers Association, the Commissionreopened the investigation into imports of ammonium nitrate from Russia. This reinvestigationshowed that the measures did not have their intended effect upon the resale price of Russianammonium nitrate, due to absorption of the anti-dumping measures in force. Taking intoaccount these conclusions as well as the past history of anti-dumping measures on Russianammonium nitrate (undertakings previously accepted from the Russian authorities werebreached within the first year of their operation), the 1995 Regulation is amended bysubstituting a specific duty per tonne to the minimum import price previously imposed.

(*)Germany, Italy, Austria, Greece, France, Ireland, Finland, Sweden, Netherlands, Spain, UK andPortugal.

INTERNAL MARKET

Extension of the KAROLUS programme

Following the approval, without amendment, of the Council's common position by the EuropeanParliament, the Council has now definitively adopted the Decision extending the KAROLUSprogramme.

The KAROLUS programme on the exchange of national officials engaged in theimplementation of Community legislation on the internal market was set up byDecision 92/481/EEC. It provided for a 5-year programme (1993-1997) with a budget ofECU 7,7 million. The purpose of the amendment is to extend the programme until theend of 1999, with additional funding of ECU 4,5 million, and to open it up to officials from theassociated countries of Central and Eastern Europe, the EFTA countries and Cyprus.

In vitro diagnostic medical devices

Having reached political agreement at its session of 27 November 1997 (Internal Market), theCouncil formally adopted a common position on the proposed directive regarding in vitrodiagnostic medical devices. This common position will now be forwarded to the EuropeanParliament for second reading in accordance with the co-decision procedure. Please see pressrelease no. 12667/97 of 27.11.1997 for more detail.

Data protection on the information highways - C ouncil of Europe Guidelines

The Council authorized the Commission to participate, on behalf of the Community, in thenegotiations of the Council of Europe Guidelines for the protection of individuals with regardto the collection and processing of personal data on the information highways. The guidelinesin question are destined to be incorporated in or annexed to Codes of conduct.

Food additi ves other than colours and sweeteners

Following the agreement reached at the "Internal Market" Council of 27 November 1997, theCouncil formally adopted, by a qualified majority, the common position on the amendment ofthe Directive on food additives other than colours or sweeteners (Directive 95/2/EC).The German, Austrian and Danish delegations voted against the text and the Belgiandelegation abstained.

The common position will now be forwarded to the European Parliament for second readingaccording to the codecision procedure.

For more detail on this amendment to the food additives directive, see press release no.12667/97 of 27.11.1997. The voting explanations of the Belgian, Danish, German, Swedish andAustrian delegations can be found in Annex 1.

ANNEX 1

Explanation of the Belgian delegation's vote

The common position which the Council has adopted on the proposal for a Directive amendingDirective 95/2/EC on food additives other than colours and sweeteners is unsatisfactory in theview of the Belgian delegation on three counts. For that reason the Belgian delegationabstained from the vote on the common position.

The proposal does away with the planned increase from 600 to 1 200 mg/kg for SO2 used indehydrated apples and pears that are to undergo a second process. Belgium believes thatthat increase complies with the conditions laid down in framework Directive 89/107/EEC for theuse of additives (technological need, no danger to health, demonstrable advantages for theconsumer). Directive 95/2/EC as it stands at present also provides that SO2 can be used inquantities of up to 2 000 mg/kg for dried grapes, apricots, peaches, plums and figs.

The use of nisin is forbidden for pasteurized eggs, but not for mascarpone. Belgium considersthat the use of nisin is justified on the technological level for both pasteurized eggs andmascarpone.

The proposal authorizes the use of thaumatin in non-alcoholic drinks and desserts. Belgiumdoes not consider it desirable to use this flavour enhancer in those products.

Explanation of the Danish delegation's vote

The Danish Government cannot record agreement on the Council's common position since itis reluctant to extend the use of sulphite and nisin in foodstuffs.

The fact that Directive 95/2/EC concerning additives other than colours and sweetenersauthorizes the use of sulphite already results, in the Danish Government's view, in a level ofabsorption of sulphite by consumers which is inconsistent with the recommendations of theScientific Committee for Food. It is therefore inappropriate to extend the authorization to usesulphite.

Nisin is a substance comparable to antibiotics. The Danish Government considers that suchsubstances should not, as a matter of principle, be included in foodstuffs.

Explanation of the German delegation's vote

The German delegation regrets that additives E 500 (sodium carbonates), E 338 (phosphoricacid), E 339 (sodium phosphates), E 340 (potassium phosphates), E 341 (calciumphosphates), E 343 (magnesium phosphates), E 450 (diphosphates), E 451 (triphosphates)and E 452 (polyphosphates) have been generally authorized for soured-cream butter althoughthere was no technological requirement which justified it. The German delegation believes thatthe additive E 500 (sodium carbonates) and the phosphates actually used should be authorizedonly for specific products in the manufacture of which such substances are traditionally usedin Sweden and Finland.

Point 4(d) of the Annex is not a satisfactory solution for the fixing of a maximum level of SO2

for dehydrated apples and pears containing more than 12% water. Those products aremarketed both in the Member States and internationally and with SO2 of up to 1 500 mg/kg ofthe product. Unfortunately no account has been taken of that fact.

Explanation of the Swedish delegation's vote

The proposal also provides for the authorization to use a number of food additives in foodstuffsfor healthy infants and young children. Sweden considers that additives should as far aspossible be restricted in foodstuffs for babies, in particular babies between birth and threemonths of age, in respect of whom scientific opinions on food additives are not applicable fromevery point of view. The additives currently referred to in the proposal are not, however, suchas to endanger children's health and can therefore be accepted.

Explanation of the Austrian delegation's vote

– Regarding the general authorization of the addition to soured-cream butter of thesodium carbonates and the phosphates listed in Annex IV

As already stated in the recitals to Directive 95/2/EC, it is generally accepted that certainfoodstuffs should be free of additives. Butter in particular is indisputably a product thatone is entitled to expect to meet such a purity requirement, particularly as in Austria –just as in other Member States, evidently – there is no technological requirement thatwould justify the use of such additives. Austria would have no objection to the additionof phosphates and carbonates to Swedish and Finnish butter only (which is obviouslynecessitated by technological considerations).

– Regarding the extension of the authorization of thaumatin for water-basedflavoured non-alcoholic drinks and d esserts, dairy and non-dairy

The assessment of thaumatin carried out by the Scientific Committee for Food (SCF) in1988, in the course of which, inter alia, the possibilities for its use, limited from atechnological point of view, were insisted on, was based on a totally different assumptionconcerning exposure to this product.

The conclusions of that study are no longer relevant to the extension of the authorizationof thaumatin.

In the absence of a further, prior assessment by the SCF the use of thaumatin in thefoodstuffs in question, which are also, furthermore, consumed in large quantities bychildren, should be ruled out.