No 2 - February 2006 

CODECISION NEWS

 Newsletter from the European Parliament conciliations and Codecision Secretariat


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CONCLUDED CONCILIATIONS
  
  • FLUORINATED GASES (2003/0189ACOD) - (2003/0189BCOD)
    - Delegation chair: Mr Trakatellis - Rapporteur: Mrs Doyle

    In 2003, the Commission presented a draft Regulation on certain Fluorinated Gases (HFC) and a draft Directive on Emissions from Motor Vehicle Air Conditioning Systems (MAC). Both aimed to reduce emissions of F-Gases, in line with the Kyoto Protocol.

    At the end of the Conciliation Committee meeting in the Parliament on 31 January, the Parliament delegation voted by 15 votes in favour, 1 against and 2 abstentions to support the proposed compromise. The main points of the agreement were:

    • National measures: Council had introduced a dual legal basis (Art. 175 - environmental protection, and Art. 95 - internal market), and the most sensitive point of the negotiations was the issue of national exemptions for countries which already have, or wish to introduce, stricter measures as part of efforts to fight greenhouse gases. The compromise reinstates the general principle that Member States can maintain or introduce such measures in accordance with the provisions of the Treaty. Specifically, Denmark and Austria may keep their current measures until 31 December 2012.
    • Revision clause: In the context of the compromise on national measures, Parliament and Council introduced a clause allowing for revision of the provisions in the light of existing or future international commitments to combat climate change.
    • Labelling: Appliances containing fluorinated gases can be placed on the market only if they bear a label indicating clearly the names of the fluorinated gases and the quantity contained. Instruction manuals accompanying the appliances must also indicate the potential environmental impact of the gases.

Parliament and Council will now be asked to approve the joint text - in Parliament's case, during the April part-session in Strasbourg.

 
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ONGOING CONCILIATIONS
 

BATTERIES AND ACCUMULATORS - (2003/0282COD)
- Delegation chair: Mrs Roth-Behrendt - Rapporteur: Mr Blokland

The Commission's proposal for a Directive on batteries and accumulators and spent batteries and accumulators dates from November 2003. It aims to reduce the volume of hazardous batteries and accumulators produced; regulate their disposal; and increase levels of collection and recycling.

The Parliament concluded its second reading on 13 December 2005, adopting 23 amendments to the Council's common position. Following Council's informal indication that conciliation would be necessary, the Parliament delegation held its constituent meeting in Strasbourg in January.

At the first trialogue held on 14 February, the Council outlined its position on Parliament's second-reading amendments and presented compromise text in respect of almost two-thirds of these. On 15 February, Parliament's negotiators reported back to the Parliament delegation and sought a mandate for future negotiations.

The key issues at stake between Parliament and Council are:

  • exemptions for small producers
  • Member States' obligations concerning research on less environmentally harmful batteries
  • distributors' obligation to take back spent batteries at no charge
  • whether batteries must be readily removable by consumers
  • compulsory labelling indicating battery capacity
  • recycling targets.

A second trialogue is planned for 7 March: the third meeting of Parliament's delegation will take place in the course of the March part-session in Strasbourg.


 
  • APPLICATION OF THE ARHUS CONVENTION TO EC INSITUTIONS AND BODIES - (2003/0242COD)
    - Delegation chair: Mr Vidal Quadras - Rapporteur: Mrs Korhola

    On 23 October 2003, the Commission transmitted to Parliament and Council a proposal for a Regulation to apply fully the requirements of the Aarhus Convention (concluded in 1998 by the United Nations Economic Commission for Europe) to EC institutions and bodies.

    Concretely, the Regulation will enact all the legislative changes necessary to apply the Aarhus Convention’s three pillars on access to information, public participation in decision-making and access to justice in environmental matters to the Community institutions and bodies. Parliament concluded its second reading on 18 January 2006 adopting a total of 25 amendments to the Council's common position. The amendments deal with all three pillars of the Aarhus Convention, but place particular emphasis on the access to information.

    Following Council's informal indication that conciliation is necessary, Parliament constituted its delegation on 15 February in Strasbourg. Vice President Vidal Quadras, as chair of the EP delegation, Mr Florenz (chair of ENVI), Mrs Korhola (rapporteur) and Mrs Sornoza-Martinez (shadow rapporteur) were given a mandate to negotiate with the Council. A first trialogue is scheduled for 7 March in Brussels and will be followed by a delegation meeting during the March plenary session in Strasbourg.