Forslag til europaparlaments- og rådsbeslutning om endring av rådsdirektiv 87/217/EØF, europaparlaments- og rådsdirektiv 2003/87/EF, europaparlaments- og rådsdirektiv 2009/31/EF, europaparlaments- og rådsforordning (EU) nr. 1257/2013, rådsdirektiv 86/278/EØF og rådsdirektiv 94/63/EF hva angår beslutningsprosedyrer for området miljørapportering og om oppheving av rådsdirektiv 91/692/EØF
Proposal for Decision of the European Parliament and of the Council amending Directive 87/217/EEC of the Council, Directive 2003/87/EC of the European Parliament and of the Council, Directive 2009/31/EC of the European Parliament and of the Council, Regulation (EU) No 1257/2013 of the European Parliament and of the Council, Council Directive 86/278/EEC and Council Directive 94/63/EC as regards procedural rules in the field of environmental reporting and repealing Council Directive 91/692/EEC
Kompromiss fremforhandlet av representanter for Europaparlamentet og Rådet 22.11.2017
BAKGRUNN (fra kommisjonsforslaget, engelsk utgave)
CONTEXT OF THE PROPOSAL
Many legal acts of the Union were adopted without an expiry date. These acts remain formally in force even if their legal effects have been exhausted.
Eliminating acts that are no longer applicable or relevant permits a more user-friendly presentation and more efficient and time-saving scrutiny of tools that facilitate access to Union law: CELEX, EUR-Lex and the Directory of Legislation in force (e.g. search results would no longer show obsolete acts alongside those which are applicable). Improving the transparency of Union law is an essential element of the Better Regulation agenda that the Union Institutions are pursuing also under the new Interinstitutional Agreement on better law-making. The 2014 REFIT Communication announced that the Commission will prepare repeals of legislation, inter alia, in relation to standardized reporting in the area of environment. Moreover, the 2015 Better Regulation Communication called for a broad review of reporting in several policy areas including the environment. Given these links, the repeal of Council Directive 91/692/EEC of 23 December 1991 standardizing and rationalizing reports on the implementation of certain Directives relating to the environment ("Directive 91/692/EEC") is now being addressed. This is also linked to a wider Fitness Check for environmental monitoring and reporting. That Fitness Check is now underway, as set out in the Commission's Work Programme 2016, which mentioned the proposal for repeal of Directive 91/692/EEC and the related water questionnaire Decision 95/337/EEC under repeal initiatives in Annex V.
The repeal package consists of four proposed initiatives related to the repeal of Directive 91/692/EEC and Decision 95/337/EEC:
1. A Communication which declares the obsolescence of 11 implementing acts adopted by the Commission to establish questionnaires for environmental reporting including Decision 95/337/EEC.
2. Two proposals for Commission Decisions repealing 2 of the implementing decisions (via comitology procedures), namely Commission Decision 2011/92/EU of 10 February 2011 and Commission Decision 2010/681/EU of 9 November 2010 that have exhausted their legal effect, but for procedural reasons will be repealed via a later comitology procedure by the Commission.
3. Proposal for a European Parliament and Council Decision, which will repeal and amend provisions of the 6 legal acts referring to Directive 91/692/EEC.
To prepare these initiatives, the Commission has undertaken an analysis and looked into the consequences of keeping or repealing the various obligations. The result of this work is summarised below and is presented in more detail in a supporting study which is published separately. As the aim is to repeal obsolete provisions and legal acts, it is considered that there is no need for a formal impact assessment to be carried out. It is important to highlight that there are no real economic benefits expected to be harvested as a result of the repeal exercise. Main benefits will be mainly linked to have a clearer set of rules on reporting resulting from this clean-up exercise.
Klima- og miljødepartementet