Decision 2018/853 - Amendment of Regulation (EU) No 1257/2013 and Directive 2009/31/EC Council Directives 86/278/EEC and 87/217/EEC as regards procedural rules in the field of environmental reporting - Main contents
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Decision (EU) 2018/853 of the European Parliament and of the Council of 30 May 2018 amending Regulation (EU) No 1257/2013 and Directives 94/63/EC and 2009/31/EC of the European Parliament and of the Council and Council Directives 86/278/EEC and 87/217/EEC as regards procedural rules in the field of environmental reporting and repealing Council Directive 91/692/EEC| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2018/853 |
| Original proposal | COM(2016)789  |
| CELEX number i | 32018D0853 |
| Document | 30-05-2018; Date of signature |
|---|---|
| Publication in Official Journal | 14-06-2018; OJ L 150 p. 155-161 |
| Signature | 30-05-2018 |
| Effect | 04-07-2018; Entry into force Date pub. +20 See Art 7 |
| End of validity | 31-12-9999 |
14.6.2018 |
EN |
Official Journal of the European Union |
L 150/155 |
DECISION (EU) 2018/853 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 30 May 2018
amending Regulation (EU) No 1257/2013 and Directives 94/63/EC and 2009/31/EC of the European Parliament and of the Council and Council Directives 86/278/EEC and 87/217/EEC as regards procedural rules in the field of environmental reporting and repealing Council Directive 91/692/EEC
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
Council Directives 86/278/EEC (3) and 87/217/EEC (4) are based on Articles 100 and 235 of the Treaty establishing the European Economic Community, now Articles 115 and 352 of the Treaty on the Functioning of the European Union (TFEU). Amendments to those Directives in this Decision are related to Union policy on the environment and are a direct consequence of the repeal of Council Directive 91/692/EEC (5) on the basis of Article 192(1) TFEU. It is therefore appropriate to base those amendments on Article 192(1) TFEU. |
(2) |
European Parliament and Council Directive 94/63/EC (6) is based on Article 100a of the Treaty establishing the European Community, now Article 114 TFEU. Amendments to that Directive in this Decision are related to Union policy on the environment and are a direct consequence of the repeal of Directive 91/692/EEC on the basis of Article 192(1) TFEU. It is therefore appropriate to base those amendments on Article 192(1) TFEU. |
(3) |
Directive 91/692/EEC was adopted to rationalise and improve, on a sectoral basis, the provisions on the transmission of information and the publication of reports concerning certain directives on the protection of the environment. To achieve that objective, Directive 91/692/EEC amended several directives by introducing uniform reporting requirements. |
(4) |
The implementation of the reporting requirements introduced by Directive 91/692/EEC has become burdensome and ineffective. Moreover, many of the Union acts amended by Directive 91/692/EEC have been replaced and no longer contain the reporting requirements as introduced by that Directive. For example, Directive 2000/60/EC of the European Parliament and of the Council (7) repealed seven Union acts in the field of water policy and did not take over the reporting system introduced by Directive 91/692/EEC. In addition, Directive 2010/75/EU of the European Parliament and of the Council (8) contains no reference to Directive 91/692/EEC and instead provides for a separate system of reporting. |
(5) |
Directive 91/692/EEC does not provide for use of electronic tools. With the successful development of the European Environmental Agency’s Reportnet and sectoral initiatives on streamlining of reporting, such as the Water Information System for Europe, the need for and effectiveness of a horizontal instrument on reporting has increasingly been called into question. Finally, the adoption of Directive 2007/2/EC of the European Parliament and of the Council (9) and the related development of the Shared Environment Information System, introduced a more modern and effective horizontal approach to information management and reporting related to Union environmental policy. |
(6) |
Directive 91/692/EEC should therefore be repealed. |
(7) |
Most of the Directives amended by Directive 91/692/EEC are no longer in force. However,... |
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