European Parliament legislative resolution on the proposal for a Council decision adapting the Act of Accession of Bulgaria and Romania as regards rural development (COM(2006)0152 – C6-0133/2006 – 2006/0053(CNS))

P6_TA(2006)0246 A6-0198/2006

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2006)0152)(1),

–   having regard to Article 4(3) of the Treaty of Accession and Article 22 of the Act of Accession of Bulgaria and Romania, pursuant to which the Council consulted Parliament (C6-0133/2006),

–   having regard to Rules 51 and 43(1) of its Rules of Procedure,

–   having regard to the report of the Committee on Agriculture and Rural Development (A6-0198/2006),

1.  Approves the Commission proposal;

2.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

3.  Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

4.  Instructs its President to forward its position to the Council and the Commission.

(1) Not yet published in the OJ.

European Parliament legislative resolution on the proposal for a Council decision adapting Annex VIII to the Act of Accession of Bulgaria and Romania (COM(2006)0152 – C6-0134/2006 – 2006/0054(CNS))

P6_TA(2006)0247 A6-0197/2006

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2006)0152)(1),

–   having regard to Article 4(3) of the Treaty of Accession and Article 34(4) of the Act of Accession of Bulgaria and Romania, pursuant to which the Council consulted Parliament (C6-0134/2006),

–   having regard to Rules 51 and 43(1) of its Rules of Procedure,

–   having regard to the report of the Committee on Agriculture and Rural Development (A6-0197/2006),

1.  Approves the Commission proposal;

2.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

3.  Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

4.  Instructs its President to forward its position to the Council and the Commission.

(1) Not yet published in the OJ.

European Parliament legislative resolution on the proposal for a Council decision on the conclusion of the Agreement between the European Community and Bosnia and Herzegovina on certain aspects of air services (COM(2005)0351 – C6-0139/2006 – 2005/0140(CNS))

P6_TA(2006)0248 A6-0195/2006

(Consultation procedure)

The European Parliament,

–   having regard to the proposal for a Council decision (COM(2005)0351)(1),

–   having regard to Articles 80(2) and 300(2), first subparagraph, first sentence, of the EC Treaty,

–   having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0139/2006),

–   having regard to Rules 51 and 83(7) of its Rules of Procedure,

–   having regard to the report of the Committee on Transport and Tourism (A6-0195/2006),

1.  Approves the conclusion of the agreement;

2.  Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and Bosnia and Herzegovina.

(1) Not yet published in OJ.

European Parliament legislative resolution on the proposal for a Council decision on the conclusion, on behalf of the European Community, of the Protocol on Mountain Farming attached to the Alpine Convention (COM(2006)0170 – C6-0144/2006 – 2006/0059(CNS))

P6_TA(2006)0249 A6-0199/2006

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2006)0170)(1),

–   having regard to Articles 36, 37 and 300(2), first subparagraph, of the EC Treaty,

–   having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0144/2006),

–   having regard to Rules 51 and 83(7) of its Rules of Procedure,

–   having regard to the report of the Committee on Agriculture and Rural Development (A6-0199/2006),

1.  Approves conclusion of the Protocol;

2.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

3.  Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

4.  Instructs its President to forward its position to the Council and the Commission, and the governments and parliaments of the Member States, the Principality of Liechtenstein, the Principality of Monaco, and the Swiss Confederation.

(1) Not yet published in the OJ.

European Parliament legislative resolution on the proposal for a Council decision on the conclusion, on behalf of the Community, of the Protocol on Soil Protection, the Protocol on Energy and the Protocol on Tourism to the Alpine Convention (COM(2006)0080 – C6-0099/2006 –2006/0026(CNS))

P6_TA(2006)0250 A6-0205/2006

(Consultation procedure)

The European Parliament,

–   having regard to the proposal for a Council decision (COM(2006)0080)(1),

–   having regard to Article 175(1) and Article 300(2), first subparagraph, first sentence of the EC Treaty,

–   having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0099/2006),

–   having regard to Rules 51 and 83(7) of its Rules of Procedure,

–   having regard to the report of the Committee on the Environment, Public Health and Food Safety (A6-0205/2006),

1.  Approves conclusion of the protocols;

2.  Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States.

(1) Not yet published in OJ.

European Parliament legislative resolution on the Council common position for adopting a directive of the European Parliament and of the Council on the protection of groundwater against pollution (12062/1/2005 – C6-0055/2006 – 2003/0210(COD))

P6_TA(2006)0251 A6-0146/2006

(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position (12062/1/2005 – C6-0055/2006)(1),

–   having regard to its position at first reading(2) on the Commission proposal to Parliament and the Council (COM(2003)0550)(3),

–   having regard to the amended Commission proposal (COM(2005)0282)(4),

–   having regard to Article 251(2) of the EC Treaty,

–   having regard to Rule 62 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety (A6-0146/2006),

1.  Approves the common position as amended;

2.  Instructs its President to forward its position to the Council and Commission.

Position of the European Parliament adopted at second reading on 13 June 2006 with a view to the adoption of European Parliament and Council Directive 2006/.../EC on the protection of groundwater against pollution and deterioration

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee(5),

Having regard to the opinion of the Committee of the Regions(6),

Acting in accordance with the procedure laid down in Article 251 of the Treaty(7),

Whereas:

(1)  Groundwater is a valuable natural resource and as such must be protected from deterioration and chemical pollution. This is particularly important for groundwater-dependent ecosystems and for the use of groundwater in water supply for human consumption.

(2)  Groundwater is the most sensitive and the largest body of freshwater in the European Union and in particular also the primary source of public drinking water supplies. The level of protection against new discharges, emissions and losses must be at least comparable to that for surface water of good chemical status. Pollution or deterioration frequently gives rise to irreversible damage.

(3)  Groundwater must be protected in such a way that good quality drinking water can be achieved by simple purification, as specified in the objectives set out in Article 7(2) and (3) of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy(8).

(4)  Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme(9) includes the objective of achieving water quality levels that do not give rise to significant impacts on, and risks to, human health and the environment.

(5)  In order to protect the environment as a whole, and human health in particular, detrimental concentrations of harmful pollutants in groundwater must be avoided, prevented or reduced.

(6)  Directive 2000/60/EC sets out general provisions for the protection and conservation of groundwater. As provided for in Article 17 of that Directive, measures to prevent and control groundwater pollution should be adopted, including criteria for assessing good groundwater chemical status and criteria for the identification of significant and sustained upward trends and for the definition of starting points for trend reversals.

(7)  Having regard to the need to achieve consistent levels of protection for groundwater, quality standards and threshold values should be established, and methodologies based on a common approach should be developed, in order to provide criteria for the assessment of the chemical status of bodies of groundwater.

(8)  Quality standards for nitrates, plant protection products and biocides should be set as Community criteria for the assessment of the chemical status of bodies of groundwater, and consistency should be ensured with Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources(10), Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market(11), and Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market(12), respectively.

(9)  The protection of groundwater may in some areas require a change in farming or forestry practices, which could entail a loss of income. This issue should be addressed when the rural development plans under the reformed common agricultural policy are drawn up.

(10)  Groundwater chemical status provisions do not apply to high naturally-occurring concentrations of substances or ions or their indicators, contained either in a body of groundwater or in associated bodies of surface water, due to specific hydro-geological conditions, which are not covered by the definition of pollution. Equally, they do not apply to temporary, spatially-limited changes in flow direction and chemical composition, which are not regarded as intrusions.

(11)  Criteria should be established for the identification of any significant and sustained upward trends in pollutant concentrations and for the definition of the starting point for trend reversal, taking into account the likelihood of adverse effects on associated aquatic ecosystems or dependent terrestrial ecosystems.

(12)  Member States should, where possible, use statistical procedures, provided they comply with international standards and contribute to the comparability of results of monitoring between Member States over long periods.

(13)  In accordance with the third indent of Article 22(2) of Directive 2000/60/EC, Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution by certain dangerous substances(13) is to be repealed with effect from 22 December 2013. It is necessary to ensure the continuity of the protection provided by Directive 80/68/EEC with regard to measures aimed at preventing or limiting both direct and indirect inputs of pollutants into groundwater.

(14)  It is necessary to distinguish between hazardous substances, inputs of which should be prevented, and other pollutants, inputs of which should be limited. Annex VIII to Directive 2000/60/EC, listing the main pollutants relevant for the water environment, should be used to identify hazardous and non-hazardous substances which present an existing or potential risk of pollution.

(15)  In order to ensure consistent protection of groundwater, Member States sharing bodies of groundwater should coordinate their activities in respect of monitoring, the setting of threshold values, and the identification of relevant hazardous substances.

(16)  Member States which in certain circumstances grant exemptions from measures to prevent or limit the input of pollutants into groundwater should do so on the basis of appropriate, evident and transparent criteria and should justify those exemptions in the river basin management plans.

(17)  The impact on the level of environmental protection and on the functioning of the internal market of different groundwater quality standards and new standards (threshold values) to be defined by the Member States should be analysed.

(18)  Research should be conducted in order to provide better criteria for ensuring groundwater ecosystem quality and protection. Where necessary, the findings obtained should be taken into account when implementing or revising this Directive.

(19)  It is necessary to provide for transitional measures to apply during the period between the date of implementation of this Directive and the date from which Directive 80/68/EEC is repealed.

(20)  In line with point (f) of Article 11(3) of Directive 2000/60/EC, artificial recharge or augmentation of groundwater bodies should be considered as an allowable practice under permit and acknowledged as a valuable method of water resources management.

(21)  The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(14),

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Purpose

1.  This Directive establishes specific measures as provided for in Article 17(1) and (2) of Directive 2000/60/EC in order to prevent and control groundwater pollution. These measures include in particular:

2.  This Directive also complements the provisions preventing or limiting inputs of pollutants into groundwater already contained in Directive 2000/60/EC, and aims to prevent the deterioration of the status of all bodies of groundwater.

This Directive shall not prevent individual Member States from maintaining or introducing stricter protection measures.

Article 2

Definitions

Article 3

Criteria for assessing groundwater chemical status

1.  For the purposes of the assessment of the chemical status of a body or a group of bodies of groundwater pursuant to Section 2.3 of Annex V to Directive 2000/60/EC, Member States shall use the following criteria:

The groundwater quality standards and threshold values applicable to good chemical status shall be based on the human and ecotoxicological criteria underpinning the definition of pollution in point 33 of Article 2 of Directive 2000/60/EC.

2.  Threshold values can be established at the national level, at the level of the river basin district or the part of the international river basin district falling within the territory of a Member State, or at the level of a body or a group of bodies of groundwater.

3.  Member States shall ensure that, for bodies of groundwater shared by two or more Member States and for bodies of groundwater within which groundwater flows across a Member State's boundary, the establishment of threshold values is subject to coordination between the Member States concerned, in accordance with Article 3(4) of Directive 2000/60/EC.

4.  Where a body or a group of bodies of groundwater extends beyond the territory of the Community, the Member State(s) concerned shall endeavour to establish threshold values in coordination with the non-Member State(s) concerned, in accordance with Article 3(5) of Directive 2000/60/EC.

5.  Member States shall establish threshold values pursuant to paragraph 1(b) for the first time by 22 December 2008 at the latest.

All threshold values established shall be published in the river basin management plans to be submitted in accordance with Article 13 of Directive 2000/60/EC, and including a summary of the information set out in Part C of Annex II.

6.  Member States shall amend the list of threshold values whenever new information on pollutants, groups of pollutants, or indicators of pollution indicates that a threshold value should be set for an additional substance, that an existing threshold value should be amended, or that a threshold value previously removed from the list should be re-inserted, in order to protect human health and the environment.

Threshold values can be removed from the list when the body of groundwater concerned is no longer at risk from the corresponding pollutants, groups of pollutants, or indicators of pollution.

Any such changes to the list of threshold values shall be reported in the context of the periodic review of the river basin management plans.

7.  The Commission shall publish a report by 22 December 2009 at the latest on the basis of the information provided by Member States in accordance with paragraph 5.

Article 4

Procedure for assessing groundwater chemical status

1.  Member States shall use the procedure described in paragraph 2 to assess the chemical status of a body of groundwater. Where appropriate, Member States may group bodies of groundwater in accordance with Annex V to Directive 2000/60/EC when carrying out this procedure.

2.  A body or a group of bodies of groundwater shall be considered to be of good chemical status when:

3.  Where, in a body or group of bodies of groundwater, the natural geogenically determined levels of pollutants or indicators of pollution for which threshold values have been laid down pursuant to Part B of Annex II are above those values, the natural contents plus the prescribed threshold values shall define the point of transition from good to poor status.

4.  Compliance with the standards shall be based on a comparison with the arithmetic means of the monitoring values at each of the measurement points in the body or group of bodies of groundwater characterised as being at risk pursuant to the analysis to be carried out under Article 5 of Directive 2000/60/EC. Measurements at individual measurement points which are not compliant with the standard shall determine the classification only where the measurement point is, according to expert verification pursuant to Annex I and Annex II to this Directive, representative of the pollution of the body of groundwater or a part thereof.

5.  Member States shall publish a summary of the assessment of groundwater chemical status in the river basin management plans in accordance with Article 13 of Directive 2000/60/EC.

This summary, established at the level of the river basin district or the part of the international river basin district falling within the territory of a Member State, shall also include an explanation as to the manner in which exceedances of groundwater quality standards or threshold values at individual monitoring points have been taken into account in the final assessment.

6.  If a body of groundwater is classified as being of good chemical status in accordance with paragraph 2(b), Member States, in accordance with Article 11 of Directive 2000/60/EC, shall take such measures as may be necessary to protect aquatic ecosystems, terrestrial ecosystems and human uses of groundwater dependent on the part of the body of groundwater represented by the monitoring point or points at which the value for a groundwater quality standard or the threshold value has been exceeded.

Article 5

Review of the list of groundwater quality standards set out in Annex I and of the list of threshold values which the Member States must lay down pursuant to Annex II

Five years after the entry into force of this Directive, and thereafter every six years, the Commission shall:

Article 6

Identification of significant and sustained upward trends and the definition of starting points for trend reversals

1.  Member States shall identify any significant and sustained upward trend in concentrations of pollutants, groups of pollutants or indicators of pollution found in bodies or groups of bodies of groundwater identified as being at risk and define the starting point for reversing that trend, in accordance with Annex IV.

2.  Member States shall reverse trends which present, by comparison with the starting point, a significant risk of harm to the quality of aquatic ecosystems or terrestrial ecosystems, to human health, or to actual or potential legitimate uses of the water environment, through the programme of measures referred to in Article 11 of Directive 2000/60/EC, in order progressively to reduce pollution and prevent deterioration of groundwater.

3.  Member States shall define the starting point for trend reversal as a percentage of the level of the groundwater quality standards set out in Annex I and of the threshold values established pursuant to Article 3, on the basis of the identified trend and the environmental risk associated therewith, in accordance with Part B, paragraph 1 of Annex IV.

4.  In the river basin management plans to be submitted in accordance with Article 13 of Directive 2000/60/EC, Member States shall summarise:

5.  Where necessary to assess the impact of existing plumes of pollution in bodies of groundwater that may threaten the achievement of the objectives in Article 4 of Directive 2000/60/EC, and in particular, those plumes resulting from point sources and contaminated land, Member States shall carry out additional trend assessments for identified pollutants in order to verify that plumes from contaminated sites do not expand, do not deteriorate the chemical status of the body or group of bodies of groundwater, and do not present a risk for human health and the environment. The results of these assessments shall be summarised in the river basin management plans to be submitted in accordance with Article 13 of Directive 2000/60/EC.

Article 7

Measures to prevent or limit inputs of pollutants into groundwater

1.  In order to achieve the objective of preventing or limiting inputs of pollutants into groundwater, established in accordance with Article 4(1)(b)(i) of Directive 2000/60/EC, Member States shall ensure that the programme of measures established in accordance with Article 11 of that Directive includes:

For the purpose of establishing measures referred to in points (a) or (b), Member States may, as a first step, identify the circumstances under which the pollutants listed in Annex VIII to Directive 2000/60/EC, in particular essential metals and their compounds referred to in point 7 of that Annex, are to be considered hazardous or non-hazardous.

The programme of measures may comprise appropriate measures of a legal, administrative or contractual nature.

2.  Inputs of pollutants from diffuse sources of pollution having an impact on the groundwater chemical status shall be taken into account whenever technically possible.

3.  Without prejudice to any more stringent requirements in other Community legislation, Member States may exempt from the measures required by paragraph 1 inputs of pollutants that are:

The exemptions provided for in points (a) to (f) may be granted only where the Member States" competent authorities have established that the groundwater, and in particular its quality, is being monitored.

4.  The competent authorities of the Member States shall keep an inventory of the exemptions referred to in paragraph 3 for the purpose of notification, upon request, to the Commission.

Article 8

Measurement methods

1.  Each Member State shall submit to the Commission a complete description of measurement methods for each of the substances for which a Community-wide or national groundwater quality standard has been set.

2.  The Commission shall determine whether the measurement methods are fully comparable and whether differences between methods may lead to distortions likely to cause faulty or unequal application of this Directive in the Community. Local climate conditions and soil types shall be the decisive factors.

3.  On the basis of its findings, the Commission shall approve or reject the measurement methods submitted by the Member States.

4.  If the Commission rejects the measurement methods submitted by a Member State, that Member State shall submit revised measurement methods for approval by the Commission in accordance with the provisions of paragraphs 1 to 3.

5.  Approved measurement methods shall be operational in all Member States by the date specified in Article 8 of Directive 2000/60/EC.

Article 9

Research and dissemination

The Commission, in agreement with the Member States, shall encourage the dissemination of known methods of measuring and calculating parameters for the description and monitoring of aquifers and shall promote new research to improve the technologies available for the monitoring and management of groundwater bodies and their quality, including with regard to groundwater ecosystems.

Article 10

Protection of spas and medicinal water sources

The Commission and the Member States shall establish a common methodology for defining protection areas for aquifers which supply spas and medicinal water sources, with the aim of ensuring that those areas are respected when industrial and urban activities are planned.

Article 11

Transitional arrangements

In the period between ... (15) and 22 December 2013, any new authorisation procedure pursuant to Articles 4 and 5 of Directive 80/68/EEC shall take into account the requirements set out in Articles 3, 4 and 6 of this Directive.

Article 12

Technical adaptations

Part A of Annex II and Annexes III and IV may be adapted to scientific and technical progress in accordance with the procedure referred to in Article 21(2) of Directive 2000/60/EC, taking into consideration the period for reviewing and updating river basin management plans, as referred to in Article 13(7) of that Directive.

The Council shall establish a common methodology for cataloguing aquifers in preparation for the implementation of the INSPIRE programme(16). In this connection, the Member States shall begin to collect data as soon as this Directive enters into force.

Article 13

Implementation

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before ...*. They shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

Article 14

Evaluation

The progress reports provided for in Article 18 of Directive 2000/60/EC shall include, inter alia, an evaluation of the functioning of this Directive in relation to other relevant environmental directives, as well as in terms of possible overlapping with other relevant environmental directives.

On the basis of the conclusions of the progress reports, the Commission shall, if necessary, submit a proposal to the European Parliament and the Council.

The Commission shall draw up a report assessing in particular, in respect of each Member State, whether implementation of this Directive has given rise to differing levels of environmental protection, instances of deterioration of groundwater or distortions of competition.

On the basis of the conclusions of that report, the Commission shall if necessary submit a proposal to the European Parliament and the Council by 31 December 2015.

Article 15

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 16

Addressees

This Directive is addressed to the Member States.

Done at ...,

For the European Parliament For the Council

The President The President

ANNEX I

GROUNDWATER QUALITY STANDARDS

1.  1 For the purposes of assessing groundwater chemical status in accordance with Article 4, the following groundwater quality standards will be the quality standards referred to in Table 2.3.2 in Annex V to Directive 2000/60/EC and established in accordance with Article 17 of that Directive.

2.  2 The results of the application of the quality standards for pesticides in the manner specified for the purposes of this Directive will be without prejudice to the results of the risk assessment procedures required by Directive 91/414/EEC or Directive 98/8/EC.

3.  3 Where, for a given body of groundwater, it is considered that the groundwater quality standards could result in failure to achieve the environmental objectives specified in Article 4 of Directive 2000/60/EC for associated bodies of surface water, or in any significant diminution of the ecological or chemical quality of such bodies, or in any significant damage to terrestrial ecosystems which depend directly on the body of groundwater, more stringent threshold values will be established in accordance with Article 3 and Annex II to this Directive. Programmes and measures required in relation to such a threshold value will also apply to activities falling within the scope of Directive 91/676/EEC.

ANNEX II

THRESHOLD VALUES FOR GROUNDWATER POLLUTANTS AND INDICATORS OF POLLUTION

Part A: Guidelines for the establishment of threshold values by Member States in accordance with Article 3

Member States will establish threshold values for all pollutants and indicators of pollution which, pursuant to the characterisation performed in accordance with Article 5 of Directive 2000/60/EC, characterise bodies or groups of bodies of groundwater as being at risk of failing to achieve good groundwater chemical status.

Threshold values will be established in such a way that, should the monitoring results at a representative monitoring point exceed the thresholds, this will indicate a risk that one or more of the conditions for good groundwater chemical status referred to in Article 4(2)(b)(ii), (iii) and (iv) are not being met.

When establishing threshold values, Member States will consider the following guidelines:

1.  The determination of threshold values should be based on:

2.  The determination of threshold values should also take account of the origins of the pollutants, their possible natural occurrence, their toxicology and dispersion tendency, their persistence and their bioaccumulation potential.

3.  The determination of threshold values should be supported by a control mechanism for the data collected, based on an evaluation of data quality, analytical considerations, and background levels for substances which may occur both naturally and as a result of human activities.

Part B: Minimum list of pollutants and their indicators for which Member States have to consider establishing threshold values in accordance with Article 3

Part C: Information to be provided by Member States with regard to the pollutants and their indicators for which threshold values have been established

Member States will summarise, in the river basin management plans to be submitted in accordance with Article 13 of Directive 2000/60/EC, the way the procedure set out in Part A of this Annex has been followed.

ANNEX III

ASSESSMENT OF GROUNDWATER CHEMICAL STATUS

1.  The assessment procedure for determining the chemical status of a body or a group of bodies of groundwater will be carried out in relation to all bodies or groups of bodies of groundwater characterised as being at risk and in relation to each of the pollutants which contribute to the body or group of bodies of groundwater being so characterised.

2.  In undertaking any investigations referred to in Article 4(2)(b), Member States will take into account:

3.  For the purposes of investigating whether the conditions for good groundwater chemical status referred to in Article 4(2)(b)(i) and (iv) are met, Member States will, where relevant and necessary, and on the basis of appropriate aggregations of the monitoring results, supported where necessary by concentration estimations based on a conceptual model of the body or group of bodies of groundwater, estimate the extent of the body of groundwater having an annual arithmetic mean concentration of a pollutant higher than a groundwater quality standard or a threshold value.

4.  For the purposes of investigating whether the conditions for good groundwater chemical status referred to in Article 4(2)(b)(ii) and (iii) are met, Member States will, where relevant and necessary, and on the basis of relevant monitoring results and of a suitable conceptual model of the body of groundwater, assess:

5.  Member States will present the groundwater chemical status of a body or a group of bodies of groundwater on maps in accordance with Sections 2.4.5 and 2.5 of Annex V to Directive 2000/60/EC. In addition, Member States will indicate on these maps all monitoring points where groundwater quality standards and/or threshold values are exceeded, where relevant and feasible.

ANNEX IV

IDENTIFICATION AND REVERSAL OF SIGNIFICANT AND SUSTAINED UPWARD TRENDS

Part A: Identification of significant and sustained upward trends

Part B: Starting points for trend reversals

According to Article 6, Member States will reverse identified significant and sustained upward trends, taking into account the following requirements:

1.   the starting point for implementing measures to reverse significant and sustained upward trends will be when the concentration of the pollutant reaches 75% of the parametric values of the groundwater quality standards set out in Annex I and of the threshold values established pursuant to Article 3, unless:

2.   once a starting point has been established for a body of groundwater characterised as being at risk in accordance with Section 2.4.4 of Annex V to Directive 2000/60/EC and pursuant to Part B, paragraph 1 of this Annex, it will not be changed during the six-year cycle of the river basin management plan required in accordance with Article 13 of Directive 2000/60/EC;

3.   trend reversals will be demonstrated, taking into account relevant monitoring provisions contained in Part A, paragraph 2.

(1) OJ C 126 E, 30.5.2006, p. 1. (2) OJ C 45 E, 23.2.2006, p. 74. (3) Not yet published in OJ. (4) Not yet published in OJ. (5) OJ C 112, 30.4.2004, p. 40. (6) OJ C 109, 30.4.2004, p. 29. (7) Position of the European Parliament of 28 April 2005 (OJ C 45 E, 23.2.2006, p. 74), Council common position of 23 January 2006 (OJ C 126 E, 30.5.2006, p. 1) and Position of the European Parliament of 13 June 2006. (8) OJ L 327, 22.12.2000, p. 1. Directive as amended by Decision No 2455/2001/EC (OJ L 331, 15.12.2001, p. 1). (9) OJ L 242, 10.9.2002, p. 1. (10) OJ L 375, 31.12.1991, p. 1. Directive as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1). (11) OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2006/45/EC (OJ L 130, 18.5.2006, p. 27). (12) OJ L 123, 24.4.1998, p. 1. Directive as last amended by Commission Directive 2006/50/EC (OJ L 142, 30.5.2006, p. 6). (13) OJ L 20, 26.1.1980, p. 43. Directive as amended by Directive 91/692/EEC (OJ L 377, 31.12.1991, p. 48). (14) OJ L 184, 17.7.1999, p. 23. (15) * OJ: Two years after the date of entry into force of this Directive. (16) Directive 2006/.../EC of the European Parliament and of the Council of ... establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L ...). (17) With regard to saline concentrations resulting from human activities, Member States may decide to establish threshold values either for sulphate and chloride or for conductivity.

European Parliament legislative resolution on the Council common position for adopting a directive of the European Parliament and of the Council establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (12064/2/2005 – C6-0054/2006 – 2004/0175(COD))

P6_TA(2006)0252 A6-0081/2006

(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position (12064/2/2005 – C6-0054/2006)(1),

–   having regard to its position at first reading(2) on the Commission proposal to Parliament and the Council (COM (2004)0516))(3),

–   having regard to Article 251(2) of the EC Treaty,

–   having regard to Rule 62 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety (A6-0081/2006),

1.  Approves the common position as amended;

2.  Instructs its President to forward its position to the Council and Commission.

Position of the European Parliament adopted at second reading on 13 June 2006 with a view to the adoption of Directive 2006/.../EC of the European Parliament and of the Council establishing an Infrastructure for Spatial Information in the European Community (INSPIRE)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and Social Committee(4),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty(5),

Whereas:

(1)  Community policy on the environment must aim at a high level of protection taking into account the diversity of situations in the various regions of the Community. Moreover, information, including spatial information, is needed for the formulation and implementation of this policy and other Community policies, which must integrate environmental protection requirements in accordance with Article 6 of the Treaty. In order to bring about such integration, it is necessary to establish a measure of coordination between the users and providers of the information so that information and knowledge from different sectors can be combined.

(2)  The Sixth Environment Action Programme adopted by Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002(6) requires full consideration to be given to ensuring that the Community's environmental policy-making is undertaken in an integrated way, taking into account regional and local differences. A number of problems exist regarding the availability, quality, organisation, accessibility and sharing of spatial information needed in order to achieve the objectives set out in that programme.

(3)  The problems regarding the availability, quality, organisation, accessibility and sharing of spatial information are common to a large number of policy and information themes and are experienced across the various levels of public authority. Solving these problems requires measures that address exchange, sharing, access and use of interoperable spatial data and spatial data services across the various levels of public authority and across different sectors. An infrastructure for spatial information in the Community should therefore be established.

(4)  The Infrastructure for Spatial Information in the European Community (INSPIRE) should assist policy-making in relation to policies and activities that may have a direct or indirect impact on the environment.

(5)  INSPIRE should be based on the infrastructures for spatial information that are created by the Member States and that are made compatible with common implementing rules and are supplemented with measures at Community level. These measures should ensure that the infrastructures for spatial information created by the Member States are compatible and usable in a Community and transboundary context.

(6)  The infrastructures for spatial information in the Member States should be designed to ensure that spatial data are stored, made available and maintained at the most appropriate level; that it is possible to combine spatial data from different sources across the Community in a consistent way and share them between several users and applications; that it is possible for spatial data collected at one level of public authority to be shared between other public authorities; that spatial data are made available under conditions which do not unduly restrict their extensive use; that it is easy to discover available spatial data, to evaluate their suitability for the purpose and to know the conditions applicable to their use.

(7)  There is a degree of overlap between the spatial information covered by this Directive and the information covered by Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information(7). This Directive should be without prejudice to Directive 2003/4/EC.

(8)  This Directive should be without prejudice to Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information(8), the objectives of which are complementary to those of this Directive.

(9)  The establishment of INSPIRE will represent significant added value for – and will also benefit from – other Community initiatives such as Council Regulation (EC) No 876/2002 of 21 May 2002 setting up the Galileo Joint Undertaking(9) and the Communication from the Commission to the European Parliament and the Council "Global Monitoring for Environment and Security (GMES): Establishing a GMES capacity by 2008 – (Action Plan (2004-2008))". Member States should consider using the data and services resulting from Galileo and GMES as they become available, in particular those related to the time and space references from Galileo.

(10)  Many initiatives are taken at national and Community level to collect, harmonise or organise the dissemination or use of spatial information. Such initiatives may be established by Community legislation, such as Commission Decision 2000/479/EC of 17 July 2000 on the implementation of a European pollutant emission register (EPER) according to Article 15 of Council Directive 96/61/EC concerning integrated pollution prevention and control (IPPC)(10) and Regulation (EC) No 2152/2003 of the European Parliament and of the Council of 17 November 2003 concerning monitoring of forests and environmental interactions in the Community (Forest focus)(11), in the framework of Community funded programmes (for example CORINE land cover, European Transport Policy Information System) or may emanate from initiatives taken at national or regional level. This Directive will not only complement such initiatives by providing a framework that will enable them to become interoperable, but it will also build upon existing experience and initiatives rather than duplicate the work that has already been done.

(11)  This Directive should apply to spatial data held by or on behalf of public authorities and to the use of spatial data by public authorities in the performance of their public tasks. Subject to certain conditions, however, it should also apply to spatial data held by natural or legal persons other than public authorities, provided that those natural or legal persons request this.

(12)  This Directive should not set requirements for the collection of new data, or for reporting such information to the Commission, since those matters are regulated by other legislation related to the environment.

(13)  The implementation of the national infrastructures should be progressive and, accordingly, the spatial data themes covered by this Directive should be accorded different levels of priority. The implementation should take account of the extent to which spatial data are needed for a wide range of applications in various policy areas, of the priority of actions provided for under Community policies that need harmonised spatial data and of the progress already made by the harmonisation efforts undertaken in the Member States.

(14)  The loss of time and resources in searching for existing spatial data or establishing whether they may be used for a particular purpose is a key obstacle to the full exploitation of the data available. Member States should therefore provide descriptions of available spatial data sets and services in the form of metadata.

(15)  Since the wide diversity of formats and structures in which spatial data are organised and accessed in the Community hampers the efficient formulation, implementation, monitoring and evaluation of Community legislation that directly or indirectly affect the environment, implementing measures should be provided for in order to facilitate the use of spatial data from different sources across the Member States. Those measures should be designed to make the spatial data sets interoperable, and Member States should ensure that any data or information needed for the purposes of achieving interoperability are available on conditions that do not restrict their use for that purpose.

(16)  Network services are necessary for sharing spatial data between the various levels of public authority in the Community. Those network services should make it possible to discover, transform, view and download spatial data and to invoke spatial data and e-commerce services. The services of the network should work in accordance with commonly agreed specifications and minimum performance criteria in order to ensure the interoperability of the infrastructures established by the Member States. The network of services should also include the technical possibility to enable public authorities to make their spatial data sets and services available.

(17)  Certain spatial data sets and services relevant to Community policies that directly or indirectly affect the environment are held and operated by third parties. Member States should therefore offer third parties the possibility of contributing to the national infrastructures, provided that the cohesion and ease of use of the spatial data and spatial data services covered by those infrastructures is thereby not impaired.

(18)  Experience in the Member States has shown that it is important, for the successful implementation of an infrastructure for spatial information, that a minimum number of services be made available to the public free of charge. Member States should therefore make available, as a minimum and free of charge, the services for discovering and viewing spatial data sets.

(19)  The provision of network services should be carried out in full compliance with the principles relating to the protection of personal data in accordance with Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data(12).

(20)  In order to assist the integration of the national infrastructures into INSPIRE, Member States should provide access to their infrastructures through a Community geo-portal operated by the Commission, as well as through any access points they themselves decide to operate.

(21)  In order to make information from various levels of public authority available, Member States should remove the practical obstacles faced in that regard by public authorities at national, regional and local level when performing their public tasks that may have a direct or indirect impact on the environment.

(22)  Public authorities need to have smooth access to relevant spatial data sets and services during the execution of their public tasks. Such access can be hindered if it depends on individual ad hoc negotiations between public authorities every time access is required. Member States should take the necessary measures to prevent such practical obstacles to the sharing of data, using for example prior agreements between public authorities.

(23)  The mechanisms for sharing spatial data sets and services between government and other public administrations and natural or legal persons performing public administrative functions under national law should take into account the need to protect the financial viability of public authorities, in particular those who have a duty to raise revenue. In any event, costs charged should not exceed the cost of collection, production, reproduction and dissemination.

(24)  This Directive does not affect the existence or ownership of public sector authorities' intellectual property rights.

(25)  Frameworks for the sharing of spatial data between public authorities upon whom the Directive imposes a duty to share should be neutral in respect of such public authorities within a Member State, but also in respect of such public authorities in other Member States and of the Community institutions. Since the Community institutions and bodies frequently need to integrate and assess spatial information from all the Member States, they should be able to gain access to and use spatial data and spatial data services in accordance with harmonised conditions.

(26)  With a view to stimulating the development of added-value services by third parties, for the benefit of both public authorities and the public, it is necessary to facilitate access to spatial data that extend over administrative or national borders.

(27)  The effective implementation of infrastructures for spatial information requires coordination by all those with an interest in the establishment of such infrastructures, whether as contributors or users. Appropriate coordination structures should therefore be established which extend to the various levels of government and take account of the distribution of powers and responsibilities within the Member States.

(28)  In order to benefit from the state of the art and actual experience of information infrastructures, it is appropriate that the measures necessary for the implementation of this Directive should be supported by international standards and standards adopted by European standardisation bodies in accordance with the procedure laid down in Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services(13).

(29)  Since the European Environment Agency set up by Council Regulation (EEC) No 1210/90 of 7 May 1990 on the establishment of the European Environment Agency and the European Environment Information and Observation Network(14) has the task of providing the Community with objective, reliable and comparable environmental information at Community level, and aims inter alia to improve the flow of policy-relevant environmental information between Member States and the Community institutions, it should contribute actively to the implementation of this Directive.

(30)  In accordance with point 34 of the Interinstitutional Agreement on better law-making(15), Member States are encouraged to draw up, for themselves and in the interests of the Community, their own tables illustrating, as far as possible, the correlation between this Directive and the transposition measures, and to make them public.

(31)  The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(16).

(32)  Preparatory work for decisions concerning the implementation of this Directive and for the future evolution of INSPIRE requires continuous monitoring of the implementation of the Directive and regular reporting.

(33)  Since the objective of this Directive, namely the establishment of INSPIRE, cannot be sufficiently achieved by the Member States because of the transnational aspects and the general need within the Community to coordinate the conditions of access to, exchange and sharing of spatial information, and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve this objective,

HAVE ADOPTED THIS DIRECTIVE:

Chapter I

General provIsions

Article 1

1.  The purpose of this Directive is to lay down general rules aimed at the establishment of the Infrastructure for Spatial Information in the European Community (hereinafter referred to as "INSPIRE"), for the purposes of Community environmental policies and policies or activities which may have an impact on the environment.

2.  INSPIRE shall build upon infrastructures for spatial information established and operated by the Member States.

Article 2

1.  This Directive is without prejudice to Directive 2003/4/EC, save where otherwise provided.

2.  This Directive is without prejudice to Directive 2003/98/EC.

Article 3

Member States may provide that when bodies or institutions are acting in a judicial or legislative capacity, they are not to be regarded as a public authority for the purposes of this Directive;

Article 4

1.  This Directive shall cover spatial data sets which fulfil the following conditions:

2.  In cases where multiple identical copies of the same spatial data set are held by or on behalf of various public authorities, this Directive shall apply only to the reference version from which the various copies are derived.

3.  This Directive shall also cover the spatial data services relating to the data contained in the spatial data sets referred to in paragraph 1.

4.  This Directive does not require collection of new spatial data.

5.  In the case of spatial data sets which comply with the condition set out in paragraph 1(c), but in respect of which a third party holds intellectual property rights, the public authority may take action under this Directive only with the consent of that third party.

6.  By way of derogation from paragraph 1, this Directive shall cover spatial data sets held by or on behalf of a public authority operating at the lowest level of government within a Member State only if the Member State has laws or regulations requiring their collection or dissemination.

7.  The spatial data themes referred to in Annexes I, II and III may be adapted in accordance with the procedure referred to in Article 22(2), in order to take into account the evolving needs for spatial data in support of Community policies that affect the environment.

CHAPTER II

Metadata

Article 5

1.  Member States shall ensure that metadata are created for the spatial data sets and services corresponding to the themes listed in Annexes I, II and III, and that those metadata are kept up to date.

2.  Metadata shall include information on the following:

3.  Member States shall take the necessary measures to ensure that metadata are complete and of a quality sufficient to fulfil the purpose set out in point (6) of Article 3.

4.  Rules for the implementation of this Article shall be adopted by ...(17) in accordance with the procedure referred to in Article 22(2). These rules shall take account of relevant, existing international standards and user requirements.

Article 6

CHAPTER III

INTEROPERABILITY OF SPATIAL DATA SETS AND SERVICES

Article 7

1.  Implementing rules laying down technical arrangements for the interoperability and, where practicable, harmonisation of spatial data sets and services shall be adopted in accordance with the procedure referred to in Article 22(2). Relevant user requirements, existing initiatives and international standards for the harmonisation of spatial data sets, as well as feasibility and cost-benefit considerations shall be taken into account in the development of the implementing rules. Where organisations established under international law have adopted relevant standards to ensure interoperability or harmonisation of spatial data sets and services, these standards shall be integrated, and the existing technical means shall be referred to, if appropriate, in the implementing rules mentioned in this paragraph.

2.   Member States shall, on request, provide the Commission with the information necessary to enable it to take into account feasibility and cost-benefit considerations as provided for in paragraph 1.

3.   Member States shall ensure that all newly collected or updated spatial data sets and the corresponding spatial data services are brought into conformity with the implementing rules referred to in paragraph 1 within two years of their adoption, and that other spatial data sets and services are brought into conformity with the implementing rules within seven years of their adoption.

4.  Implementing rules referred to in paragraph 1 shall cover the definition and classification of spatial objects relevant to spatial data sets related to the themes listed in Annex I, II or III and the way in which those spatial data are geo-referenced.

5.  Representatives of Member States at national, regional and local level as well as other natural or legal persons with an interest in the spatial data concerned by virtue of their role in the infrastructure for spatial information, including users, producers, added value service providers or any coordinating body shall be given the opportunity to participate in preparatory discussions on the content of the implementing rules referred to in paragraph 1, prior to consideration by the Committee referred to in Article 22(1).

Article 8

1.  In the case of spatial data sets corresponding to one or more of the themes listed in Annex I or II, the implementing rules provided for in Article 7(1) shall meet the conditions laid down in paragraphs 2, 3 and 4 of this Article.

2.  The implementing rules shall address the following aspects of spatial data:

3.  The implementing rules shall be designed to ensure consistency between items of information which refer to the same location or between items of information which refer to the same object represented at different scales.

4.  The implementing rules shall be designed to ensure that information derived from different spatial data sets is comparable as regards the aspects referred to in Article 7(4) and in paragraph 2 of this Article.

Article 9

Article 10

1.  Member States shall ensure that any information, including data, codes and technical classifications, needed for compliance with the implementing rules provided for in Article 7(1) is made available to public authorities or third parties in accordance with conditions that do not restrict its use for that purpose.

2.  In order to ensure that spatial data relating to a geographical feature, the location of which spans the frontier between two or more Member States, are coherent, Member States shall, where appropriate, decide by mutual consent on the depiction and position of such common features.

CHAPTER IV

NETWORK SERVICES

Article 11

1.  Member States shall establish and operate a network of the following services for the spatial data sets and services for which metadata have been created in accordance with this Directive:

Those services shall take into account relevant user requirements and shall be easy to use, available to the public and accessible via the Internet or any other appropriate means of telecommunication.

2.  For the purposes of the services referred to in paragraph 1(a), as a minimum the following combination of search criteria shall be implemented:

3.  The transformation services referred to in paragraph 1(d) shall be combined with the other services referred to in that paragraph in such a way as to enable all those services to be operated in conformity with the implementing rules provided for in Article 7(1).

Article 12

Member States shall ensure that public authorities are given the technical possibility to link their spatial data sets and services to the network referred to in Article 11(1). This service shall also be made available upon request to third parties whose spatial data sets and services comply with implementing rules laying down obligations with regard, in particular, to metadata, network services and interoperability.

Article 13

1.  By way of derogation from Article 4(2) of Directive 2003/4/EC and Article 11(1) of this Directive, Member States may limit public access to spatial data sets and services through the services referred to in points (b) to (e) of Article 11(1), or to the e-commerce services referred to in Article 14(3), where such access would adversely affect any of the following:

2.  The grounds for limiting access, as provided for in paragraph 1, shall be interpreted in a restrictive way, taking into account for the particular case the public interest served by providing this access. In every particular case, the public interest served by disclosure shall be weighed against the interest served by limiting or conditioning the access. Member States may not, by virtue of paragraph 1(a), (d), (e), (f) and (g), limit access to information on emissions into the environment.

3.  Within this framework, and for the purposes of the application of paragraph 1(e), Member States shall ensure that the requirements of Directive 95/46/EC are complied with.

Article 14

1.  Member States shall ensure that the services referred to in points (a) and (b) of Article 11(1) are available to the public free of charge.

2.  Data made available through the view services referred to in point (b) of Article 11(1) may be in a form preventing their re-use for commercial purposes.

3.  Where public authorities levy charges for the services referred to in points (c) or (e) of Article 11(1), Member States shall ensure that e-commerce services are available. Such services may be covered by disclaimers or click-licences.

Article 15

1.  The Commission shall establish and operate an INSPIRE geo-portal at Community level.

2.  Member States shall provide access to the services referred to in Article 11(1) through the INSPIRE geo-portal referred to in paragraph 1. Member States may also provide access to those services through their own access points.

Article 16

CHAPTER V

DATA-SHARING

Article 17

1.  Each Member State shall adopt measures for the sharing of spatial data sets and services between its public authorities referred to in point (9)(a) and (b) of Article 3. Those measures shall enable those public authorities to gain access to spatial data sets and services, and to exchange and use those sets and services, for the purposes of public tasks that may have an impact on the environment.

2.  The measures provided for in paragraph 1 shall preclude any restrictions likely to create practical obstacles to the sharing of spatial data sets and services.

3.  Without prejudice to paragraph 2, Member States may allow public authorities that supply spatial data sets and services to license them to, and/or require payment from, the public authorities or institutions and bodies of the Community that use these spatial data sets and services. In any event, where charges are made, the total income from supplying documents shall not exceed the cost of collection, production, reproduction and dissemination.

4.  The arrangements for the sharing of spatial data sets and services provided for in paragraphs 1, 2 and 3 shall be open to public authorities referred to in point (9)(a) and (b) of Article 3 of other Member States and to the institutions and bodies of the Community, for the purposes of public tasks that may have an impact on the environment.

5.  The arrangements for the sharing of spatial data sets and services provided for in paragraphs 1, 2 and 3 shall be open, on a reciprocal and equivalent basis, to bodies established by international agreements to which the Community and Member States are parties, for the purposes of tasks that may have an impact on the environment.

6.  Where the arrangements for the sharing of spatial data sets and services provided for in paragraphs 1, 2 and 3 are made available in accordance with paragraphs 4 and 5, these arrangements may, without prejudice to paragraph 2, be accompanied by requirements under national law conditioning their use.

7.  By way of derogation from this Article, Member States may limit sharing when this would compromise the course of justice, public security, national defence or international relations.

8.  Member States shall provide the institutions and bodies of the Community with access to spatial data sets and services in accordance with harmonised conditions. Implementing rules governing those conditions shall be adopted in accordance with the procedure referred to in Article 22(2).

CHAPTER VI

COORDINATION AND COMPLEMENTARY MEASURES

Article 18

Member States shall ensure that appropriate structures and mechanisms are designated for coordinating, across the different levels of government, the contributions of all those with an interest in their infrastructures for spatial information.

These structures shall coordinate the contributions of, inter alia, users, producers, added-value service providers and coordinating bodies, concerning the identification of relevant data sets, user needs, the provision of information on existing practices and the provision of feedback on the implementation of this Directive.

Article 19

1.  The Commission shall be responsible for coordinating INSPIRE at Community level and shall be assisted for that purpose by relevant organisations and, in particular, by the European Environment Agency.

2.  Each Member State shall designate a contact point, usually a public authority, to be responsible for contacts with the Commission in relation to this Directive. This contact point will be supported by a coordination structure, taking account of the distribution of powers and responsibilities within the Member State.

Article 20

The implementing rules referred to in this Directive shall take due account of standards adopted by European standardisation bodies in accordance with the procedure laid down in Directive 98/34/EC, as well as international standards.

CHAPTER VII

FINAL PROVISIONS

Article 21

1.  Member States shall monitor the implementation and use of their infrastructures for spatial information. They shall make the results of this monitoring accessible to the Commission and to the public on a permanent basis.

2.  No later than …(22) Member States shall send to the Commission a report including summary descriptions of:

3.  Every three years, and starting no later than …(23), Member States shall send to the Commission a report providing updated information in relation to the items referred to in paragraph 2.

4.  Detailed rules for the implementation of this Article shall be adopted in accordance with the procedure referred to in Article 22(2).

Article 22

1.  The Commission shall be assisted by a Committee.

2.  Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3.  The Committee shall adopt its rules of procedure.

Article 23

By …(24)* and every six years thereafter the Commission shall present to the European Parliament and to the Council a report on the implementation of this Directive based, inter alia, on reports from Member States in accordance with Article 21(2) and (3).

Where necessary, the report shall be accompanied by proposals for Community action.

Article 24

1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by …(25)**.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2.  Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 25

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 26

This Directive is addressed to the Member States.

Done at ,

For the European Parliament For the Council

The President The President

ANNEX I

Spatial data themes referred to in articles 6(a), 8(1) and 9(a)

1.  Coordinate reference systems

Systems for uniquely referencing spatial information in space as a set of coordinates (x,y,z) and/or latitude and longitude and height, based on a geodetic horizontal and vertical datum.

2.  Geographical grid systems

Harmonised multi-resolution grid with a common point of origin and standardised location and size of grid cells.

3.  Geographical names

Names of areas, regions, localities, cities, suburbs, towns or settlements, or any geographical or topographical feature of public or historical interest.

4.  Administrative units

Units of administration, dividing areas where Member States have and/or exercise jurisdictional rights, for local, regional and national governance, separated by administrative boundaries.

5.  Addresses

Location of properties based on address identifiers, usually by road name, house number, postal code.

6.  Cadastal parcels

Areas defined by cadastral registers or equivalent.

7.  Transport networks

Road, rail, air and water transport networks and related infrastructure. Includes links between different networks. Also includes the trans-European transport network as defined in Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community Guidelines for the development of the trans-European transport network(26) and future revisions of that Decision.

8.  Hydrography

Hydrographic elements, including marine areas and all other water bodies and items related to them, including river basins and sub-basins. Where appropriate, according to the definitions set out in Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy(27) and in the form of networks.

9.  Protected sites

Area designated or managed within a framework of international, Community and Member States' legislation to achieve specific conservation objectives.

ANNEX II

Spatial data themes referred to in articles 6(a), 8(1) and 9(b)

1.  Elevation

Digital elevation models for land, ice and ocean surface. Includes terrestrial elevation, bathymetry and shoreline.

2.  Land cover

Physical and biological cover of the earth's surface including artificial surfaces, agricultural areas, forests, (semi-)natural areas, wetlands, water bodies.

3.  Orthoimagery

Geo-referenced image data of the Earth's surface, from either satellite or airborne sensors.

4.  Geology

Geology characterised according to composition and structure. Includes bedrock, aquifers and geomorphology.

ANNEX III

Spatial Data Themes referred to in articles 6(b) and 9(b)

1.  Statistical units

Units for dissemination or use of statistical information.

2.  Buildings

Geographical location of buildings.

3.  Soil

Soils and subsoil characterised according to depth, texture, structure and content of particles and organic material, stoniness, erosion, where appropriate mean slope and anticipated water storage capacity.

4.  Land use

Territory characterised according to its current and future planned functional dimension or socio-economic purpose (e.g. residential, industrial, commercial, agricultural, forestry, recreational).

5.  Human health and safety

Geographical distribution of dominance of pathologies (allergies, cancers, respiratory diseases, etc.), information indicating the effect on health (biomarkers, decline of fertility, epidemics) or well-being of humans (fatigue, stress, etc.) linked directly (air pollution, chemicals, depletion of the ozone layer, noise, etc.) or indirectly (food, genetically modified organisms, etc.) to the quality of the environment.

6.  Utility and governmental services

Includes utility facilities such as sewage, waste management, energy supply and water supply, administrative and social governmental services such as public administrations, civil protection sites, schools and hospitals.

7.  Environmental monitoring facilities

Location and operation of environmental monitoring facilities includes observation and measurement of emissions, of the state of environmental media and of other ecosystem parameters (biodiversity, ecological conditions of vegetation, etc.) by or on behalf of public authorities.

8.  Production and industrial facilities

Industrial production sites, including installations covered by Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control(28) and water abstraction facilities, mining, storage sites.

9.  Agricultural and aquaculture facilities

Farming equipment and production facilities (including irrigation systems, greenhouses and stables).

10.  Population distribution – demography

Geographical distribution of people, including population characteristics and activity levels, aggregated by grid, region, administrative unit or other analytical unit.

11.  Area management/restriction/regulation zones and reporting units

Areas managed, regulated or used for reporting at international, European, national, regional and local levels. Includes dumping sites, restricted areas around drinking water sources, nitrate-vulnerable zones, regulated fairways at sea or large inland waters, areas for the dumping of waste, noise restriction zones, radiation zones, prospecting and mining permit areas, river basin districts, relevant reporting units and coastal zone management areas.

12.  Natural risk zones

Vulnerable areas characterised according to natural hazards (all atmospheric, hydrologic, seismic, volcanic and wildfire phenomena that, because of their location, severity, and frequency, have the potential to seriously affect society), e.g. floods, landslides and subsidence, avalanches, forest fires, earthquakes, volcanic eruptions.

13.  Atmospheric conditions

Physical conditions in the atmosphere. Includes spatial data based on measurements, on models or on a combination thereof and includes measurement locations.

14.  Meteorological geographical features

Weather conditions and their measurements; precipitation, temperature, evapotranspiration, wind speed and direction.

15.  Oceanographic geographical features

Physical conditions of oceans (currents, salinity, wave heights, etc.).

16.  Sea regions

Physical conditions of seas and saline water bodies divided into regions and sub-regions with common characteristics.

17.  Bio-geographical regions

Areas of relatively homogeneous ecological conditions with common characteristics.

18.  Habitats and biotopes

Geographical areas characterised by specific ecological conditions, processes, structure, and (life support) functions that physically support the organisms that live there. Includes terrestrial and aquatic areas distinguished by geographical, abiotic and biotic features, whether entirely natural or semi-natural.

19.  Species distribution

Geographical distribution of occurrence of animal and plant species aggregated by grid, region, administrative unit or other analytical unit.

20.  Energy resources

Energy resources including hydrocarbons, hydropower, bio-energy, solar, wind, etc., where relevant including depth/height information on the extent of the resource.

21.  Mineral resources

Mineral resources including metal ores, industrial minerals, etc., where relevant including depth/height information on the extent of the resource.

(1) OJ C 126 E, 30.5.2006, p. 16. (2) OJ C 124 E, 25.5.2006, p. 116. (3) Not yet published in OJ. (4) OJ C 221, 8.9.2005, p. 33. (5) Position of the European Parliament of 7 June 2005 (OJ C 124 E, 25.5.2006, p. 116), Council Common Position of 23 January 2006 (OJ C 126 E, 30.5.2006, p. 16) and Position of the European Parliament of 13 June 2006. (6) OJ L 242, 10.9.2002, p. 1. (7) OJ L 41, 14.2.2003, p. 26. (8) OJ L 345, 31.12.2003, p. 90. (9) OJ L 138, 28.5.2002, p. 1. (10) OJ L 192, 28.7.2000, p. 36. (11) OJ L 324, 11.12.2003, p. 1. Regulation as amended by Regulation (EC) No 788/2004 (OJ L 138, 30.4.2004, p. 17). (12) OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1). (13) OJ L 204, 21.7.1998, p. 37. Directive as last amended by the 2003 Act of Accession. (14) OJ L 120, 11.5.1990, p. 1. Regulation as last amended by Regulation (EC) No 1641/2003 of the European Parliament and of the Council (OJ L 245, 29.9.2003, p. 1). (15) OJ C 321, 31.12.2003, p. 1. (16) OJ L 184, 17.7.1999, p. 23. (17) * One year following the date of entry into force of this Directive. (18) ** Three years following the date of entry into force of this Directive. (19) *** Six years following the date of entry into force of this Directive. (20) * Two years following the date of entry into force of this Directive. (21) ** Five years following the date of entry into force of this Directive. (22) * Three years following the date of entry into force of this Directive. (23) * Six years following the date of entry into force of this Directive. (24) ** Seven years following the date of entry into force of this Directive. (25) *** Two years following the date of entry into force of this Directive. (26) OJ L 228, 9.9.1996, p. 1. Decision as last amended by Decision No 884/2004/EC (OJ L 167, 30.4.2004, p. 1). (27) OJ L 327, 22.12.2000, p. 1. Directive as amended by Decision No 2455/2001/EC (OJ L 331, 15.12.2001, p. 1). (28) OJ L 257, 10.10.1996, p. 26. Directive as last amended by Regulation (EC) No 1882/2003.

European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council on the assessment and management of floods (COM(2006)0015 – C6-0020/2006 – 2006/0005(COD))

P6_TA(2006)0253 A6-0182/2006

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0015)(1),

–   having regard to Article 251(2) and Article 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0020/2006),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Regional Development (A6-0182/2006),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council and Commission.

Position of the European Parliament adopted at first reading on 13 June 2006 with a view to the adoption of Directive 2006/.../EC of the European Parliament and of the Council on the assessment and management of flood risks

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175 (1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee(2),

Having regard to the opinion of the Committee of the Regions(3),

Acting in accordance with the procedure laid down in Article 251 of the Treaty(4),

Whereas:

(1)  Floods have the potential to cause fatalities, displacement of people and damage to the environment, severely compromise economic development and undermine the economic activities of the Community.

(2)  Floods are natural phenomena which cannot be completely prevented. However, the massive reduction in the natural flood retention capacity of river basins, the mismanagement of human activities (such as increasing human settlements and economic assets in floodplains and the erosion and reduction of the natural water retention of land by cutting down forests and farming in river basins), droughts and global warming are contributing to an increase in the likelihood and adverse effects of floods.

(3)  Traditional flood risk management strategies, centred on building infrastructures for the immediate protection of people, real estate and goods, have failed to ensure safety to the extent that they were supposed to.

(4)  It is feasible and desirable to reduce the risk to human health and life, the environment and infrastructure associated with floods. However, measures to reduce this risk must be co-ordinated between Member States, their national, regional and local authorities and organisations responsible for river management throughout river basins.

(5)  Member States are encouraged to take measures which benefit flood risk management in upstream or downstream areas within and outside their territory, keeping to the natural course of the river wherever possible. Where this is not possible, Member States should endeavour to find compensatory areas on their own territory, or should seek such areas in cooperation with other Member States.

(6)  Scientists unanimously observe that the frequency of extreme precipitation has increased in recent years.

(7)  Risk management and flood damage containment measures should respect the principle of solidarity. Consequently, flood risk management along the catchment basin of a river flowing between two or more neighbouring countries should be organised in such a way that no area faces flood risks as a result of non-sustainable river management.

(8)  The Council (Environment) acknowledged, in its conclusions of 14 October 2004, that 'human activity contributes to the increase in the likelihood and adverse impacts of (extreme) flood events and that climate change will cause an increase of floods as well'. In accordance with the principle of sustainable development as laid down in Article 37 of the Charter of Fundamental Rights of the European Union, a high level of environmental protection must be integrated into the policies of the Union. The Commission and the Member States should therefore take measures to improve flood prevention, protection against flood risks and damage mitigation.

(9)  At present there is no legal instrument at European level for protection against flood risks. Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy(5) requires integrated management plans to be developed for each river basin in order to achieve good ecological and chemical status, and it will contribute to mitigating the effects of floods. However, reducing the risk of floods is not one of the principal objectives of that Directive. That risk, which will become more frequent in the future as a result of climate change, is not taken into account.

(10)  The Communication of the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions "Flood risk management; flood prevention, protection and mitigation", which sets out its analysis and approach to managing flood risks at Community level, states that concerted and coordinated action at the level of the Community would bring considerable added value and improve the overall level of flood protection.

(11)  Council Decision 2001/792/EC, Euratom of 23 October 2001 establishing a Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions(6) mobilises support and assistance from Member States in the event of major emergencies, including floods. Civil protection can provide adequate response to affected populations and improve preparedness and resilience; it does not, however, address the root causes of floods.

(12)  Under Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund(7) it is possible to grant rapid financial assistance in the event of a major disaster to help the ecosystems, people, regions and countries concerned to return to living conditions that are as normal as possible; such intervention may cover only emergency operations, and not the phases preceding an emergency.

(13)  Most river basins in Europe are split between Member States. Effective prevention of and intervention against floods requires, in addition to coordination at Community level, cross-border cooperation.

(14)  The provisions on sustainable flood risk management should be taken into account by the Member States and the Community when laying down and implementing all their policies, including for example transport policy, spatial planning, urban development, and industrialisation policy, agricultural policy, cohesion policy, energy policy and research policy.

(15)  Throughout the Community different types of floods occur, such as river floods, flash floods, urban floods, sewer floods, coastal floods and floods caused by heavy rainfall. The damage caused by flood events may also vary across the countries and regions of the Community. Hence, objectives regarding flood risk management should be based on the local and regional circumstances.

(16)  Flood risks in certain areas within the Community may be considered not to be significant, for example in thinly populated or unpopulated areas or in areas with limited economic assets or ecological value. Such areas may, however, be of significance in flood mitigation. A preliminary assessment of the flood risks in each river basin, sub-basin and associated coastal area should be undertaken at the level of the river basin district to determine the flood risk in each case, the flood mitigation potential and whether further action is needed.

(17)  In order to dispose of a valid tool for information, as well as a valuable basis for priority setting and further technical, financial and political decisions, it is necessary to provide for the establishing of flood maps and indicative flood damage maps describing areas with different levels of flood risk, including the risk of environmental pollution as a consequence of floods.

(18)  In view of the existing capabilities of Member States and in accordance with the principle of subsidiarity, considerable flexibility should be left to the local and regional level, in particular as regards organisation and responsibility of authorities, flood management plans and risk maps, the level of protection and the measures and the timetables to achieve the objectives set.

(19)  With a view to avoiding and reducing the negative impact of floods on the area concerned it is appropriate to provide for flood risk management plans. The causes and consequences of flood events vary across the countries and regions of the Community. Flood risk management plans should therefore take into account the particular geographic, geological, hydrologic, topographical and other relevant circumstances, including population density as well as the economic activities of the affected river basin, sub-basin or stretch of coastline, and provide for tailored solutions according to the needs and priorities of the river basin, sub-basin or coastline, whilst ensuring coordination with river basin districts. Flood risk management plans should also take into consideration industrial and agricultural facilities and other possible sources of pollution of the area concerned in order to prevent such pollution.

(20)  The flood risk management cycle which includes the steps Prevention, Protection, Preparedness, Emergency response and Recovery and review should be one of the underlying elements of the flood risk management plans with a focus on the aspects of prevention, protection and preparedness.

(21)  To prevent duplication of work Member States should be able use existing flood risk maps and flood risk management plans for the purposes of satisfying the requirements of this Directive.

(22)  The Commission Joint Research Centre is developing a European Flood Alert System (EFAS) that is capable of providing medium-range flood simulations across Europe with a lead-time of between three and ten days. EFAS data might contribute to increased preparedness in an upcoming flood event. Therefore EFAS should be further pursued once the testing phase is concluded. It could become operational presumably in 2010.

(23)  River basin flood management should aim to create a common responsibility and solidarity within the basin. To that end Member States should endeavour to raise awareness and encourage cooperation among all stakeholders as well as in areas that are not, or are less, prone to flooding but which can contribute by their land use and practices to downstream or upstream floods.

(24)  As to short-term forecasting, the Member States should base their plans on the best practice available and state-of-the-art technologies such as LAM modelling (two to four-hour forecasting).

(25)  Development of river basin management plans under Directive 2000/60/EC and of flood risk management plans under this Directive are elements of integrated river basin management, the two processes should therefore use the mutual potential for synergies. To ensure efficiency and wise use of resources, implementation of this Directive needs to be closely coordinated with that of Directive 2000/60/EC.

(26)  Where water bodies are used for competing forms of sustainable human activities (e.g. flood risk management, ecology, inland navigation or hydropower) with impacts on the water bodies, Directive 2000/60/EC provides for a clear and transparent process for addressing such uses and impacts. In the event of conflicting rights, priority must always been given to the protection of human health and life over the protection of the environment.

(27)  The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(8).

(28)  Since the objectives of the action to be taken cannot be sufficiently achieved by the Member States and can therefore, by reason of scale and effects of action, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives. Member States may, therefore, in the first stage of the work, until 2018, use their existing plans if the minimum criteria set out in Article 4 are met.

(29)  The provisions of Protocol No 30, annexed to the Treaty, on the application of the principles of subsidiarity and proportionality have been fully taken into account in the drawing up of this Directive,

HAVE ADOPTED THIS DIRECTIVE:

Chapter I

General Provisions

Article

The purpose of this Directive is to establish a framework for the assessment and management of flood risks aiming at the reduction of the adverse consequences for human health, the environment and economic activity associated with floods in the Community. Furthermore it will help to attain the environmental objectives laid down in the Community legislation in force.

Article

Article

For the purposes of this Directive Member States shall make use of the arrangements made under Article 3(1), (2), (3), (5) and (6) of Directive 2000/60/EC. 

If Member States designate a different competent authority for the purpose of implementing this Directive, the provisions of Article 3(6), (8) and (9) of Directive 2000/60/EC shall apply.

Chapter II

Preliminary flood risk assessment

Article 4

1.  Member States shall, for each river basin district or the portion of an international river basin district lying within their territory, undertake a preliminary flood risk assessment in accordance with paragraph 2. Existing assessments prepared by Member States which meet the requirements of this Directive may be used for this purpose.

2.  The preliminary flood risk assessment shall include at least the following:

3.  Member States may decide, in respect of river basins, sub-basins and stretches of coastline for which a sufficient potential risk may already be assumed, to dispense with the preliminary flood risk assessment referred to in paragraph 1, provided that:

Article 5

1.  On the basis of the assessment set out in Article 4, each river basin, sub-basin, stretch of coastline or parts thereof covered by a river basin district shall be assigned to one of the following categories:

2.  The assignment under paragraph 1 of an international river basin or sub-basin, stretches of coastline or parts thereof covered by an international river basin district, shall be coordinated between the Member States concerned.

Member States shall ensure the relevant data transfer within shared river basins for the purposes of this Article.

Article 6

1.  Member States shall complete the preliminary flood risk assessment at the latest by ...(9).

2.  Member States shall review, and if necessary update, the assessment under paragraph 1 at the latest in 2018 and every six years thereafter.

Chapter III

Flood risk maps

Article 7

1.  Member States shall, at the level of the river basin district, prepare flood maps and indicative flood damage maps, hereinafter "flood risk maps", for the river basins, sub-basins and stretches of coastline identified under Article 5(1)(b). Existing maps prepared by Member States, which meet the requirements of this Directive, may be used for this purpose. Member States shall use the flood risk maps to phase out direct or indirect subsidies that have the effect of increasing flood risks.

2.  The flood maps shall cover the geographical areas which could be flooded according to the following scenarios:

3.  The indicative flood damage maps shall show the potential adverse consequences associated with floods under the scenarios referred to in paragraph 2 and expressed in terms of the following:

Flood risk maps may divide areas into zones according to land use and vulnerability to any likely damage.

4.  Member States shall determine the specific points at which the flood risk is higher. That information must be taken into account in land use planning.

5.  Depending on the particular characteristics of their regions, Member States may, if they think fit, include specific provisions on their flood risk maps.

Article 8

1.  Member States shall ensure that the flood risk maps are completed by 22 December 2013 at the latest.

2.  They shall be reviewed, and if necessary updated, by 22 December 2019 at the latest and every six years thereafter.

Chapter IV

Flood risk management plans

Article 9

1.  Member States shall adopt and implement flood risk management plans at the level of the river basin district, for the river basins, sub-basins and stretches of coastline identified under Article 5(1)(b) in accordance with paragraphs 4 and 5 of this Article, with Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds(12) and with Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(13), and in accordance with the objectives laid down in Articles 1 and 4 of Directive 2000/60/EC.

2.  In preparing these plans, Member States shall describe flooding processes and their sensitivity to change, including the role of floodplain areas as a natural retention/buffer of floods and flood conveyance routes at present or in the future. They shall also describe development plans that would entail a change of land use or of allocation of the population and distribution of economic activities resulting in an increase of flood risks in the area itself or in upstream or downstream regions.

3.  If maps or plans are already available for river basin districts or parts thereof which meet the requirements of this Directive, Member States may use the existing maps or plans for the purposes of this Directive. The requirement to review and update them laid down in Article 11(2) shall still apply.

4.  Member States, in close association with local and regional authorities, shall establish appropriate levels of protection specific to each river basin, sub-basin or stretch of coastline, focusing on a reduction of the potential consequences of flooding for human health, the environment and economic activity, and taking into account relevant aspects: water management, soil management, spatial planning, land use, the vulnerability of the area in question to any likely damage and nature conservation, as well as costs and benefits. In the case of shared river basins, sub-basins or stretches of coastline, Member States shall cooperate in the implementation of the above obligations. Human uses of floodplains should be adapted to identified flood risks.

5.  The flood risk management plans shall include measures that:

The flood risk management plan shall address all phases of the flood risk management cycle focusing on prevention, protection, preparedness, and taking into account the characteristics of the particular river basin or sub-basin. The flood risk management plan shall also include an assessment of rescue and recovery measures.

The flood risk management plan shall include measures to prevent accidental pollution from technical installations, as referred to in Annex I of Directive 96/61/EC and covered by Directive 96/82/EC, as a consequence of flooding.

6.  Flood risk management measures, especially those related to the building of infrastructures, should be subject to sound and transparent economic and environmental appraisal to ensure the long-term viability of their service for citizens and businesses, taking into account the principle of cost recovery, including environmental and resource costs.

7.  In line with the principle of solidarity, measures in upstream or downstream areas should be considered, where appropriate, as part of the flood risk management plans. Flood risk management measures, or any other measures, taken in one Member State must not increase flood risks in neighbouring countries.

8.  Where a Member State intends to significantly change the implementation measures or the timetable set for implementation in between the review periods provided for in Article 11(2), Member States shall take the appropriate action to ensure coordination with other Member States within an international river basin district, and public information and participation.

Article 10

1.  The first flood risk management plan shall include the components set out in Part A of the Annex. The subsequent review, in accordance with Article 11(2), shall include the components set out in Part B of the Annex.

2.  Member States shall submit to the Commission an interim report describing the progress in the implementation of the planned measures within three years of publication of each flood risk management plan or update.

Article 11

1.  Member States shall ensure that flood risk management plans are completed and published by 22 December 2015 at the latest and implemented from 23 December 2015.

2.  The flood risk management plan(s) shall be reviewed and updated in 2021 at the latest and every six years thereafter.

Article 12

1.  For river basin districts which fall entirely within their territory, Member States shall ensure that one single flood risk management plan is produced.

2.  In the case of an international river basin district falling entirely within the Community, Member States shall ensure coordination, for example by developing networks for the exchange of information between the competent authorities, with the aim of producing one single international flood risk management plan. Accession and candidate countries are strongly encouraged to cooperate actively in such coordinating actions.

Where such a plan is not produced, Member States shall produce flood risk management plans covering at least the parts of the international river basin district falling within their territory. In drawing up such plans, they shall consult the Member States situated in the international river basin, report on the views of these Member States and take account of the impact of their plans on neighbouring Member States.

3.  Member States shall ensure that the requirements of this Directive are coordinated for the whole of the river basin district. For international river basin districts the Member States concerned shall together ensure this coordination and may, for this purpose, use existing structures stemming from international agreements.

4.  In the case of an international river basin district extending beyond the boundaries of the Community, where one single international flood risk management plan including any third country concerned is not produced, the Member State or Member States concerned shall endeavour to establish appropriate coordination with the relevant third countries, with the aim of achieving the objectives of this Directive throughout the river basin district.

5.  With regard to any issues which have an impact on flood risk management in a Member State and which cannot be dealt with at Member State level, reference is made to Article 12 of Directive 2000/60/EC.

Chapter V

Coordination with Directive 2000/60/EC, public information and participation

Article 13

1.  The development of the first flood risk maps and their subsequent reviews as referred to in Article 8 of this Directive shall be carried out in close co-ordination with, and integrated into, the reviews provided for in Article 5(2) of Directive 2000/60/EC.

2.  The development of the first flood risk management plans and their subsequent reviews as referred to in Article 10 of this Directive shall be carried out in close coordination with, and integrated into, the reviews of the river basin management plans provided for by Article 13(7) of Directive 2000/60/EC.

3.  Member States shall ensure that the active involvement of all interested parties under Article 14 of this Directive is coordinated with the active involvement of all interested parties under Article 14 of Directive 2000/60/EC.

Article 14

1.  Member States shall, in accordance with Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information(14), and with the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, make the preliminary flood risk assessment, the flood risk maps and the flood risk management plans available to the public.

2.  Member States shall ensure an active involvement of all interested parties in the production, review and updating of the flood risk management plans referred to in Chapter IV.

3.  Member States shall inform and actively involve the public to ensure a high level of preparedness as part of the flood risk management plans in order to minimise the damaging effects of floods.

Chapter VI

Implementing measures and amendments

Article 15

1.  The Commission may, in accordance with the procedure referred to in Article 16(2), adopt technical formats for the purpose of transmission and processing of data, including statistical and cartographic data.

2.  The Commission may, taking into account the periods for review and updating and in accordance with the procedure referred to in Article 16(2), adapt Article 4(2), Article 7(2) and (3) and the Annex to scientific and technical progress.

3.  Member States shall provide the inhabitants of areas referred to in Article 7(2) with information and training on a regular basis, so as to enable them to take appropriate pre-flood precautions and post-flood action.

Article 16

1.  The Commission shall be assisted by the committee established under Article 21 of Directive 2000/60/EC (hereinafter referred to as "the Committee").

2.  Where reference is made to this paragraph, the Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3.  The Committee shall adopt its rules of procedure.

Article 17

1.  Member States may decide not to draw up the preliminary flood risk assessment referred to in Article 4 for those river basins and stretches of coastline for which it has been established by ...(15) that a potential significant flood risk exists or might reasonably be considered likely to occur to the extent that they must be identified as areas referred to in Article 5(1)(b).

2.  Member States may decide by ...* to use current flood risk maps if they fulfil the requirements of the maps referred to in Article 7.

3.  Member States may decide not to draw up the flood risk management plans referred to in Article 9 if current plans as at ...* are appropriate for achieving the objectives laid down in Articles 1 and 9.

4.  Member States shall notify the Commission of their decisions pursuant to paragraphs 1, 2 and 3 within the deadlines provided for in Article 6(1), Article 8(1) and Article 11(1).

Chapter VII

Reports and final provisions

Article 18

Member States shall submit the preliminary flood risk assessment, the flood risk maps and flood risk management plans, including cross-border flood risks, to the Commission within three months after their completion.

Article 19

The Commission shall, by 22 December 2018 at the latest and every six years thereafter, submit to the European Parliament and to the Council a report on the implementation of this Directive. The impact of climate change shall be taken into account in drawing up this report.

Article 20

1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by ...(16)* at the latest. They shall forthwith communicate to the Commission the text of those measures and a correlation table between those measures and this Directive.

When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2.  Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 21

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 22

This Directive is addressed to the Member States.

Done at ,

For the European Parliament For the Council

The President The President

Annex

Flood risk management plans

A.  Components of the first flood risk management plans:

B.  Components of the subsequent update of flood risk management plans:

(1) Not yet published in OJ. (2) OJ C… (3) OJ C… (4) Position of the European Parliament of 13 June 2006. (5) OJ L 327, 22.12.2000, p. 1. Directive as amended by Decision No 2455/2001/EC (OJ L 331, 15.12.2001, p. 1). (6) OJ L 297, 15.11.2001, p. 7. (7) OJ L 311, 14.11.2002, p. 3. (8) OJ L 184, 17.7.1999, p. 23. (9) * Three years after the date of entry into force of this Directive. (10) OJ L 257, 10.10.1996, p. 26. Directive as last amended by Regulation (EC) No 166/2006 of the European Parliament and of the Council (OJ L 33, 4.2.2006, p. 1). (11) OJ L 10, 14.1.1997, p. 13. Directive as last amended by Directive 2003/105/EC of the European Parliament and of the Council (OJ L 345, 31.12.2003, p. 97). (12) OJ L 103, 25.4.1979, p. 1. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36). (13) OJ L 206, 22.7.1992, p. 7. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1). (14) OJ L 41, 14.2.2003, p. 26. (15) * Date of entry into force of this Directive. (16) ** Two years after the date of entry into force of this Directive.

European Parliament resolution on the situation of prisoners at Guantánamo

P6_TA(2006)0254 RC-B6-0296/2006

The European Parliament,

–   having regard to the Parliamentary Assembly of the Council of Europe resolution of 25 April 2005 on the lawfulness of detentions by the United States in Guantánamo Bay,

–   having regard to the report by the UN Commission on Human Rights of 15 February 2006 on Guantánamo, calling for the Guantánamo detention centre to be shut down without further delay and for the remaining detainees to be either tried or released,

–   having regard to the conclusions and recommendations of the UN Committee against Torture concerning the United States of America published on 19 May 2006,

–   having regard to the publication of the list of 759 past and present prisoners of Guantánamo Bay by the US Defence Department on 15 May 2006, with no indication whether the list contains all the detainees,

–   having regard to the most recent figures from the US Government relating to numbers in detention at Guantánamo, according to which approximately 275 detainees have been released, with 465 detainees remaining, 133 of which are marked for release,

–   having regard to its previous resolutions on the rights of detainees at Guantánamo to a fair trial and, in particular, its resolution of 7 February 2002 on the detainees in Guantánamo Bay(1), its recommendation to the Council of 10 March 2004 on the Guantánamo detainees' right to a fair trial(2) and its resolution of 16 February 2006 on Guantánamo(3),

–   having regard to its resolution of 18 May 2006 on the annual report on human rights in the world in 2005 and the EU's policy on the matter(4),

–   having regard to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT), adopted by the United Nations General Assembly on 10 December 1984,

–   having regard to the EU Guidelines on the fight against torture and on the death penalty, and its Guidelines on human rights dialogues with third countries, adopted in 2001,

–   having regard to the informal meeting of EU Foreign Ministers held in Vienna on 27-28 May 2006,

–   having regard to the calls from the German Chancellor, the British Prime Minister and the UN Secretary-General, amongst others, for the closure of the Guantánamo detention centre,

–   having regard to Rule 103(4) of its Rules of Procedure,

A.   mindful that the International Covenant on Civil and Political Rights provides that no-one should be subjected to arbitrary detention and that deprivation of liberty must be based on grounds and procedures established by law, and urging all parties to apply its provisions,

B.   whereas reports of abuse of detainees in US custody, suicide attempts by detainees and a prison revolt at Guantánamo Bay are of significant concern; noting that the United States has taken only limited steps to investigate and, where there is evidence, punish the personnel implicated,

C.   whereas the suicides of three detainees at Guantánamo Bay on 10 June 2006 have raised further international concerns about the detention facilities,

D.   welcoming the fact that some detainees have been given the right to have access to private conference with independent lawyers,

1.  Reiterates its call on the US Administration to close the Guantánamo Bay detention facility and insists that every prisoner should be treated in accordance with international humanitarian law and, if charged, tried without delay in a fair and public hearing by a competent, independent and impartial court of law or international tribunal;

2.  Condemns all forms of torture and ill-treatment and reiterates the need to comply with international law;

3.  Calls on the US authorities to implement the recommendations of the UN Committee against Torture and to ensure that 'special interrogation techniques', including methods involving sexual humiliation, 'water boarding', 'short shackling' and using dogs to induce fear, that constitute torture or cruel, inhuman or degrading treatment, are not used;

4.  Calls on the US Government to grant unimpeded access to the detainees at Guantánamo Bay for the respective UN bodies and international human rights organisations; notes that the International Committee of the Red Cross has been the only international organisation to have official access to the detainees;

5.  Notes that the US military has made significant efforts to ensure that detainees are held in better conditions than before, in particular with respect to medical care, nutrition, the expression and exercise of their religious rights and recreation;

6.  Takes the view that improvements in detention conditions do not tackle the real problem, which is that a violation of the rule of law, international law and human rights standards is the real concern;

7.  Regrets the apparent plans in the US Defence Department to delete a line in the regulations for the treatment of detainees that prohibits humiliating treatment and to delete the explicit reference to the Geneva Conventions and UNCAT in the US army's rule book for interrogations;

8.  Notes that the USA defines the fight against terror as 'war', yet does not acknowledge the rights of detainees, which are based upon the Geneva Conventions; takes the view that, despite the particular nature of the fight against terror, international law must be applied;

9.  Notes that the construction of the new camp 6, which is to be opened in August 2006 and will feature the most modern equipment but no windows, does not indicate the likelihood of an early closure of the site;

10.  10 Calls on the US authorities to ensure that all allegations of torture and other ill-treatment involving US personnel are subject to prompt, thorough and credible investigation and trial;

11.  Calls on the US Government to clarify whether minors have been or are still held in Guantánamo in contravention of the UN Convention on the Rights of the Child;

12.  Calls on the US authorities to ensure that released detainees are not returned to any state where they could face a risk of being tortured or subjected to cruel, inhuman and degrading treatment;

13.  Stresses that contemporary terrorism, particularly global terrorism directed against states and their populations, poses a threat to the basic and fundamental human rights our societies enjoy; reiterates its belief that the fight against terrorism, which is one of the priorities of the EU and the US, cannot be waged at the expense of established basic, shared values such as respect for human rights and the rule of law;

14.  Takes the view that disregarding international law in the proclaimed 'war against terror' severely weakens credibility and power in the fight against terror;

15.  Calls on the EU to have a common approach for the EU-US Summit and to institute a joint action calling on the US Government to close the Guantánamo Bay detention centre and act in accordance with international law regarding the treatment of detainees;

16.  Suggests, following the advice of the delegation of Members of the European Parliament that recently visited Guantánamo, that an ad hoc delegation be sent to Guantánamo when Parliament considers it necessary and appropriate;

17.  Instructs its President to forward this resolution to the Council, the Commission, the High Representative for the CFSP, the parliaments of the Member States, the United Nations Secretary-General, the Secretary-General and President of the Parliamentary Assembly of the Council of Europe and the President and Congress of the United States of America.

(1) OJ C 284 E, 21.11.2002, p. 353. (2) OJ C 102 E, 28.4.2004, p. 640. (3) Texts Adopted, P6_TA(2006)0070, (4) Texts Adopted, P6_TA(2006)0220.

European Parliament resolution on the deliberations of the Committee on Petitions during the parliamentary year March 2004 - December 2005 (2005/2135(INI))

P6_TA(2006)0255 A6-0178/2006

The European Parliament,

–   having regard to its previous resolutions on the deliberations of the Committee on Petitions,

–   having regard to the Interinstitutional Agreement of April 1989 on strengthening the right of petition(1),

–   having regard to Articles 21 and 194 of the EC Treaty,

–   having regard to Rules 45 and 192(6) of its Rules of Procedure,

–   having regard to the report of the Committee on Petitions (A6-0178/2006),

A.   whereas the right to petition is a fundamental right inextricably linked with citizenship of the European Union,

B.   whereas the right to petition has been enshrined in the EC Treaty since 1992 and is confirmed in the Article 44 of the Charter of Fundamental Rights of the European Union and in Rule 191 of the Rules of Procedure of the European Parliament,

C.   whereas Parliament, the Council and the Commission have formally confirmed the right to petition and have provided a guarantee regarding inter-institutional follow-up on petitions,

D.   whereas the exercise of this right is important for EU citizens in particular, but also for the European institutions, because it allows them to benefit from a direct source of information regarding the concerns and difficulties encountered by ordinary citizens following the application of EU legislation,

E.   whereas Parliament regards petitions as a means by which it may improve its political oversight and control over the actions of the EU and the way in which the EU's policies are transposed and implemented by EU, national, regional and local authorities,

F.   whereas, following enlargement of the EU in May 2004, citizens from ten new Member States acquired the right to petition Parliament in their national languages and a considerable logistical effort has been necessary to enable them to benefit from that right,

G.   whereas there is always a need to ensure that EU citizens are properly informed of their legitimate right to petition Parliament about matters of concern falling within the fields of activity of the EU,

H.   whereas almost one-third of the petitions received by Parliament are declared inadmissible, partly as a result of insufficient information about the different competences of, respectively, Parliament, the European Ombudsman, the European Court of Human Rights, and the various national means of redress available,

I.   whereas Parliament has improved the procedure for examining petitions in order to be able to deal with petitions more effectively and transparently, but considers that more could be done to integrate and consolidate administrative structures with responsibility for the petitions process, in particular to further ensure a balanced and just treatment of petitioners, as well as to ensure the confidentiality of the process when requested by petitioners,

J.   whereas cooperation between Parliament, the Ombudsman and the Commission remains a prerequisite when they address the matters raised by citizens in their petitions and their complaints, and some streamlining of procedures between the three bodies, such as combining investigations with the petitions procedure when complaints and petitions are tabled on the same subject, might bring about greater efficiency,

K.   whereas, under Article 230 of the EC Treaty, Parliament has the right to bring actions before the Court of Justice of the European Communities under the same conditions as the Council and the Commission, and thus has at its disposal both the legal and the political instruments to respond more effectively to citizens' legitimate concerns,

L.   whereas Parliament, nevertheless, has constantly promoted loyal co-operation, notably with the Commission, as the guardian of the Treaties, as an effective means of remedying problems that have led citizens to seek its assistance,

M.   whereas, according to the Framework Agreement on relations between the European Parliament and the Commission of 26 May 2005(2), "the Commission shall not make public any legislative proposal or any significant initiative or decision before notifying Parliament thereof in writing",

N.   whereas the Member States and the Council have a particular duty to guarantee to EU citizens that EU legislation is observed and properly applied by national, regional and local administrations, including by agencies acting under their authority,

O.   whereas it must be recorded that, naturally, not all admissible petitions received and investigated provide EU citizens with satisfaction, but that a reasonable proportion of petitions do lead to the resolution of a particular problem, or highlight a particular concern which may later serve Parliament when negotiating new Community legislation,

1.  Reaffirms the vital role of its Committee on Petitions in reconnecting with the citizens of the EU, and in reinforcing the democratic legitimacy and accountability of the EU decision-making process in the eyes of European public opinion;

2.  Recalls that petitions also alert the EU institutions to what individual citizens expect of EU policies and the extent to which those expectations are fulfilled;

3.  Believes that its Committee on Petitions offers citizens an important conduit for providing their feedback concerning EU acts and policies, thus contributing to a strengthening of democratic control over Community legislation and its implementation at EU, national, regional and local levels;

4.  Emphasises the fact that the petitions process offers Parliament the possibility to assess and, when necessary, to act in order to overcome ambiguities in the political objectives of the EU, as well as loopholes in, or the misapplication of, Community legislation by Member States;

5.  Reinforces the view that, in principle, the petitions process should be a right which is targeted as EU citizens who do not have any other means of recourse to action by the European Parliament; recalls that Members of Parliament can avail themselves of this right through the rules of Parliament; reminds Members that they have other Parliamentary procedures at their disposal;

6.  Underlines the significant role played by the Commission in providing preliminary analyses of petitions which helps the Committee to find appropriate solutions to the concerns and problems with which citizens are confronted during their everyday lives;

7.  Stresses that further cooperation between Parliament, the Ombudsman and the Commission is mutually beneficial in fulfilling their common objectives to improve EU administration and developing better quality and more citizen-inspired legislation; emphasises the fact that common rules of conduct for all Community institutions must be established along the lines of the Code of Good Administrative Behaviour drawn up by the European Ombudsman and endorsed by Parliament;

8.  Expresses its concern and surprise that, in this context, the Commission's 22nd annual report on monitoring the application of Community law (2004) (COM(2005)0570) fails to recognise the important role of the petitions procedure in identifying infringements because there is no reference to petitions in the body of the report, the only reference being in a table of Annex 1;

9.  Considers that the Commission should notify decisions on opening infringement proceedings before the service of a letter of formal notice, in particular when Parliament has been petitioned on the issue in question;

10.  Recommends that, whenever citizens file, on the same subject, both a petition to Parliament and a complaint to the Commission, both procedures should be properly coordinated when dealing with the issues raised, given that the right to petition is a fundamental right, safeguarded by the Treaty, and because Parliament provides a transparent framework for debates, which is a prerequisite for improved openness and enhanced public accountability;

11.  Expresses its growing concern at the unreasonable and excessive amount of time - often spanning several years - which the Commission takes to pursue and conclude infringement proceedings after they are eventually launched, and its dissatisfaction with the frequent examples of Member States' non-compliance with decisions of the Court of Justice; considers that this undermines the credibility of the formulation and coherent application of EC law, and that it brings discredit on the objectives of the EU;

12.  Furthermore draws attention to the importance of the quick implementation by Member States of judgments of the Court of Justice in infringement proceedings; welcomes the stronger policy adopted by the Commission in December 2005 on bringing Member States before the Court of Justice in order that lump sums and penalty payments be imposed; believes that this policy needs to be applied with vigour to ensure EU authority and to meet the legitimate expectations of EU citizens;

13.  Believes that this unacceptable situation should be further investigated by the competent committees of Parliament with a view to recommendations being made about more distinct parliamentary involvement in infringement proceedings and a more effective means of redress for citizens;

14.  Underlines the importance of nationally-led information campaigns to facilitate a better knowledge of the substance of EC legislation, policies and objectives by citizens; which could also help to reduce the number of unfounded petitions and complaints while, at the same time, improve the ability of Parliament and the Commission to ensure the correct application of EU law and policy in cooperation with the Member States;

15.  Recalls the key role that Member States play in correctly implementing the EC legislation and in making the EU more relevant to citizens; stresses the need for a better coordinated participation of the representatives of the Member States and their parliaments in the debates of the Committee on Petitions;

16.  Encourages fact-finding missions pursuant to Rule 192 of its Rules of Procedure, with clear aims and objectives, which are occasionally despatched to various Member States of the EU to investigate issues raised by petitioners, and continues to support such missions when the situation fully warrants it, as they offer a clearer view of often complex problems on the ground and help raise awareness among the competent authorities, which also increases the pressure to find effective and pragmatic solutions in the interests of citizens;

17.  Calls for the reports that are approved as a result of such missions to be forwarded to the Bureau of Parliament and, where required, to other committees with an interest in the issues raised, for their information;

18.  Emphasises the frequent need for a greater involvement of the Council, as an institution, in the Committee's activities and encourages its participation at the meetings of the Committee at the appropriate level, as stated in the Interinstitutional Agreement on Better Law-making, adopted on 16 December 2003 by the Council, the European Parliament and the Commission(3);

19.  Reiterates the proposal for the Council to designate a senior official to coordinate matters related to petitions, as many of the petitions may touch upon sensitive political issues related to the transposition by Member States of EC legislation and the EU's objectives;

20.  Notes that during the first year since the enlargement of the EU to 25 Member States, the number of petitions received by the Parliament has remained relatively constant, contrary to initial expectations; however, it is inevitable that the more closely the citizens of the new Member States become acquainted with the petitions process, the more frequently they will make use of their rights;

21.  Calls for measures to be taken both at EU and at national level by Parliament to increase the awareness of EU citizens of their rights to petition Parliament under Article 194 of the Treaty on matters within the EU's fields of activity which concern them directly, and to emphasise also the fact that complaints to the Ombudsman under Article 195 of the Treaty concern only allegations of maladministration within the EU institutions or bodies;

22.  Acknowledges and welcomes the steps made to strengthen the secretariat of the Committee in order to cover the need for linguistic, legal and political expertise and stresses that this process should continue, so that response times may become shorter, investigations even more effective and its service be equally available to all citizens of the EU; regrets, however, the permanent lack of staff in the Committee secretariat with regard to the growing number of petitions coming from the new Member States;

23.  Calls upon the Conference of Presidents to consider, at the appropriate time, a substantial increase in the membership of the Committee of Petitions to 50 full members in order to ensure that EU citizens are able to obtain an even better understanding of their case in Committee, and thus allow Parliament to better respond to the expectations of petitioners;

24.  Welcomes the introduction, in July 2005, of a new software system for petitions that functions both as a database and as a management tool providing information about the petitions workflow; and points out that the e-Petition software is accessible to Members of the Committee, their assistants as well as the political group staff and aims at further reinforcing the transparency and the efficiency of the Committee's activity;

25.  Notes that Article 230 of the Treaty enables Parliament to refer to the Court of Justice cases of violation of the Treaty or any other rule of law related to its application;

26.  Stresses the legitimate entitlement of Parliament to make use of its powers if this is necessary in order to bring to an end a serious infringement of Community law which has been revealed in the course of the examination of a petition;

27.  Recalls that since 1998 Parliament has called for a review of the Interinstitutional Agreement of 1989; reiterates its urgent requests for the Council and the Commission to undertake this review with a view to a more effective means of redress and defining a clear and coherent framework for essential cooperation between the institutions in the area concerned;

28.  Calls upon the responsible committee, in close cooperation with the Committee on Petitions, to conduct a review of the current rules of procedure of the petitions procedure in order to bring it more into line with current best practice and reinforce procedures related to data protection and confidentiality without undermining the essential transparency of the petitions process itself;

29.  Instructs its President to forward this resolution and the report of the Committee on Petitions to the Council, the Commission, the European Ombudsman, the governments and parliaments of the Member States and their committees on petitions and ombudsmen or similar competent bodies.

(1) OJ C 120, 12.4.1989, p. 90. (2) OJ C 117 E, 18.5.2006, p. 123. (3) OJ C 321, 31.12.2003, p. 1.