Rådsmøde nr. 3409 (miljø) den 18. september 2015

Europaudvalget 2015-16
Rådsmøde 3409 - miljø
Offentligt

Council of the

European Union

12166/15

(OR. en)

PRESSE 54

PR CO 46

OUTCOME OF THE COUNCIL MEETING

3409th Council Meeting

Environment

Brussels, 18 September 2015

President

Carole Dieschbourg

Minister for the Environment of Luxembourg

PRESS

Rue de la Loi 175 B – 1048 BRUSSELS Tel.: +32 (0)2 281 6319 Fax: +32 (0)2 281 8026

[email protected] http://www.consilium.europa.eu/press

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CONTENTS

ITEMS DEBATED

Paris UN climate change conference ................................................................................................... 4

Any other business ............................................................................................................................. 10

Cycling as a mode of transport .......................................................................................................... 10

OTHER ITEMS APPROVED

ENVIRONMENT

–

Greenhouse gas emissions: creation of a market stability reserve ......................................................................... 11

JUSTICE AND HOME AFFAIRS

–

Council of Europe - prevention of terrorism ......................................................................................................... 11

FOREIGN AFFAIRS

–

Relocation of the International Cocoa Organisation headquarters ........................................................................ 11

CONSUMER PROTECTION

–

Travel packages ..................................................................................................................................................... 12

EMPLOYMENT

–

Seafarers ................................................................................................................................................................ 12

BUDGETS

–

Draft amending budget no 6 for 2015 - Revised forecast of own resources .......................................................... 13

TRANSPORT

–

Convention concerning international carriage by rail - EU position* ................................................................... 13



Where declarations, conclusions or resolutions have been formally adopted by the Council, this is indicated

in the heading for the item concerned and the text is placed between quotation marks.

 

Documents for which references are given in the text are available on the Council's Internet site

(http://www.consilium.europa.eu).

 

Acts adopted with statements for the Council minutes which may be released to the public are indicated by

an asterisk; these statements are available on the Council's Internet site or may be obtained from the Press

Office.

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TRADE POLICY

–

International trade rules - Exercise of the EU's rights ........................................................................................... 14

WTO - Services - Least-developed countries ........................................................................................................ 14

INTERNAL MARKET

–

Construction products ............................................................................................................................................ 14

FOOD LAW

–

Food additives - Health claims on foods - Maximum levels for contaminants in foods ........................................ 15

AGRICULTURE

–

Feed hygiene - Dioxin testing of oils ..................................................................................................................... 15

Pesticides - Maximum residue levels .................................................................................................................... 16

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ITEMS DEBATED

Paris UN climate change conference

The Council adopted the following conclusions on the preparations for the 21th session of the

Conference of the Parties (COP21) to the United Nations Framework Convention on Climate

Change (UNFCCC) and the 11th session of the Meeting of the Parties to the Kyoto Protocol (CMP

11):

The Council of the European Union,

UNDERLINES the critical importance of the 2015 Paris Conference as a historic milestone

for enhancing global collective action and accelerating the global transformation to a low-

carbon and climate-resilient society.

Urgency and need for global action

NOTES with concern the findings contained in the Fifth Assessment Report of the

Intergovernmental Panel on Climate Change (IPCC); UNDERLINES that global warming

is unequivocal and that it is extremely likely that human influence has been the dominant

cause of the observed warming since the mid-20th century.

STRESSES that, consistent with recent IPCC findings, in order to stay below 2°C, global

greenhouse gas emissions need to peak by 2020 at the latest, be reduced by at least 50% by

2050 compared to 1990

and be near zero or below by 2100; in this context, WELCOMES

the Leaders' declaration at the G7 Summit in June 2015 and EMPHASISES that all Parties

should pursue transformative pathways towards a long-term vision of global and

sustainable climate neutrality and climate resilience in the second half of this century;

RECALLS the EU objective, in the context of necessary reductions according to the IPCC

by developed countries as a group, to reduce emissions by 80-95% by 2050 compared to

1990.

See for example

14790/09

(paragraph 7) and

14747/14

(paragraph 2).

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Paris outcome

EMPHASISES the importance of agreeing at the Paris Conference: i) an ambitious and

durable legally-binding agreement under the UNFCCC ("the Paris Agreement") applicable

to all Parties and addressing in a balanced and cost-effective manner mitigation,

adaptation, finance, technology development and transfer, capacity building and

transparency of action and support and containing ambitious nationally determined

mitigation commitments; ii) a comprehensive package of decisions to enable the

implementation of the Paris Agreement and to outline interim arrangements before its entry

into force; and iii) a decision on enhancing global pre-2020 mitigation ambition, supported

by the Lima Paris Action Agenda.

UNDERLINES that the Paris outcome should send a strong signal on finance in order to

support poor and vulnerable countries and enable the transition to resilient, low greenhouse

gas economies.

Further process in 2015

NOTES the considerable amount of work still ahead in order to reach the Paris outcome;

CONCERNED about the lack of substantial progress on the negotiating text up to now;

ENCOURAGES the co-Chairs of the Ad hoc Working Group on the Durban Platform for

Enhanced Action (ADP) to prepare a revised and concise negotiating text containing the

main options, on the basis of the views expressed by Parties, with a view to a fruitful early

inisterial engagement before the Paris Conference.

Intended Nationally Determined Contributions (INDCs)

WELCOMES the submission of INDCs so far; UNDERLINES that the EU and its

Member States have submitted their INDC on 6 March 2015, which is a binding target of

an at least 40% domestic reduction in greenhouse gas emissions by 2030 compared to

1990; URGES all Parties which have not yet done so to come forward with fair and

ambitious INDCs as soon as possible in the coming few weeks; in this context,

WELCOMES opportunities for facilitative exchanges of views on the level of the

aggregate effort towards the below 2°C objective, including through the forthcoming

UNFCCC synthesis report and the INDC Forum in Rabat, Morocco, on 12-13 October

2015.

Paris Agreement

NOTES the Commission communication “The Paris Protocol – a blueprint for tackling

global climate change beyond 2020” as a contribution for articulating a vision by the EU

and its Member States in view of the Paris Conference.

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–

PROPOSES that the internationally legally-binding Paris Agreement:

provide a long-term vision of the needed transformation towards low-emission and

climate-resilient economies over the course of this century;

enable the participation of all Parties and engagement of non-state actors;

be in the form of a protocol in order to enshrine the strongest expression of political will

and provide predictability and durability;

enter into force after ratification by a significant number of Parties representing a

significant level of emissions so as to ensure that the Paris Agreement is truly global and

effective.

Mitigation

10.

–

PROPOSES that the Paris Agreement:

set out a long-term global mitigation goal in line with the below 2°C objective;

contain fair, ambitious and quantifiable mitigation commitments by all Parties, consistent

with the UNFCCC's principles applied in light of different national circumstances and

evolving economic realities and capabilities;

provide that all Parties must have, maintain and implement such a mitigation commitment;

contain a dynamic five-yearly mitigation ambition mechanism in which all Parties should

be required to either submit new or updated commitments, without falling behind previous

levels of commitment, or resubmit the existing ones;

contain simplified procedures for the renewal and upward adjustment of mitigation

commitments;

include a compliance regime which promotes timely and effective implementation;

provide flexibility for those countries with least capabilities.

–

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Adaptation

11.

–

PROPOSES that adaptation must be a central part of a balanced Paris Agreement that:

commits all Parties to plan, prepare for and respond to the adverse impacts of climate

change, to integrate adaptation into national development processes and to communicate

experiences in order to achieve climate-resilient sustainable development;

calls on all Parties to strengthen monitoring, reporting, information-sharing and

cooperation in order to increase effectiveness of adaptation actions;

contains an iterative and dynamic approach to continuously enhance the effectiveness of

adaptation measures and their implementation;

contributes to assisting all countries, especially the poorest and particularly vulnerable

ones, to achieve climate-resilient sustainable development;

underlines that both ambitious action on mitigation and adaptation, including efficient

disaster risk reduction, are essential to manage and reduce the risk of adverse impacts of

climate change, including addressing the risk of loss and damage.

RECALLS the submission by the EU and its Member States on "European Union

undertakings in adaptation planning".

Use of markets

13.

STRESSES that the Paris Agreement should allow for the international use of markets,

subjectto the application of robust common accounting rules which ensure that the

environmental integrity and the integrity of the mitigation commitments are maintained

and double counting is avoided; and provide for market mechanisms which promote

scaled-up and cost-effective mitigation action entailing a net contribution to global

mitigation efforts and contributing to sustainable development.

–

12.

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Finance

14.

REAFFIRMS that the EU and its Member States have and remain committed to scaling up

the mobilisation of climate finance in the context of meaningful mitigation actions and

transparency of implementation, in order to contribute their share of the developed

countries' goal to jointly mobilise USD 100 billion per year by 2020 from a wide variety of

sources public and private, bilateral and multilateral, including alternative sources of

finance; in this context, RECALLS its conclusions on climate finance of 7 November

2014; REITERATES its strong support for the Green Climate Fund and LOOKS

FORWARD to early allocation of initial funding; UNDERLINES that the Paris

Agreement’s provisions on climate finance need to be dynamic and able to adapt to

changing realities and needs by reflecting Parties’ evolving capabilities and

responsibilities; furthermore, REFERS to its forthcoming conclusions on climate finance.

Transparency and accountability

15.

UNDERLINES that the Paris Agreement must provide for a robust common rules-based

regime, including transparency and accountability rules applicable to all Parties, while

recognising that their application will differ according to commitment types which reflect

Parties' capabilities and national circumstances; STRESSES that this regime should

provide for the use of common metrics, respect the most recent IPCC guidelines and build

on experience gained under the UNFCCC.

HIGHLIGHTS that the Paris Agreement should provide for a transparent accounting and

reporting framework for emissions and removals for the land-use sector for all Parties,

which promote sustainable land management, building on existing relevant decisions under

the UNFCCC.

Joint fulfilment

17.

CONFIRMS that the EU and its Member States intend to fulfil their commitments jointly

under the Paris Agreement; WELCOMES Norway's and Iceland’s intention to participate

in this joint fulfilment.

Other issues

18.

STRESSES the importance of human rights, gender equality, a gender-sensitive approach,

a just transition of the work force, decent jobs, education and awareness raising as well as

ensuring food security in the context of climate action.

16.

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Implementation of the Paris Agreement

19.

PROPOSES the adoption of a comprehensive package of substantive decisions, in addition

to a technical work programme, at the Paris Conference to further develop rules, modalities

and procedures on

inter alia

transparency and accountability of mitigation commitments,

including for the land-use sector, and on the international use of markets, to be completed

by 2017, in order to enable the implementation of the Paris Agreement.

Enhancing global pre-2020 ambition

20.

REITERATES that the EU and its Member States are already applying the Doha

amendment to the Kyoto Protocol; STRESSES the determination of the EU and its

Member States to complete the process of ratification of the Doha amendment in the third

quarter of 2015; and INVITES other Parties to do likewise in order to ensure its prompt

entry into force; in this context, UNDERLINES the need for adopting at the Paris

Conference the implementation rules for the second commitment period of the Kyoto

Protocol as agreed in Warsaw and Lima.

STRESSES that all Parties need to act in order to close the pre-2020 mitigation gap;

RECALLS the progress made under the ADP in identifying opportunities to enhance

pre-2020 mitigation ambition in areas of high mitigation potential, in particular energy

efficiency, renewable energy, REDD+, short-lived climate pollutants, upstream methane

emissions, HFCs, export credits and fossil fuel subsidy reform; UNDERLINES the

importance of multilateral cooperation, in particular through the Lima Paris Action

Agenda, aimed at identifying and accelerating actions in these areas; in this context,

STRESSES the importance of involvement of and cooperation with non-State actors;

UNDERLINES the importance to continue and intensify work on enhancing pre-2020

mitigation ambition beyond the Paris Conference, and to ensure continuity in the political

attention for high mitigation potential options by linking the technical examination of

mitigation options with regular high-level events building on the Lima Paris Action

Agenda.

21.

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22.

EMPHASISES that the examination of opportunities with high mitigation potential

continues to be relevant beyond 2020 and can serve as an input to the process to raise

global ambition under the Paris Agreement over time.

RECOGNISES the need to foster the continuing implementation of existing decisions

under the UNFCCC; in this context, WELCOMES the completion of the REDD+

negotiations.

23.

Other processes

24.

While noting that the Paris Agreement should address emissions across all sectors subject

to regular review and that emissions accounting and reporting should remain under the

UNFCCC, UNDERLINES that IMO, ICAO, and the Montreal Protocol should regulate as

soon as possible in an effective manner and in line with the below 2°C objective

greenhouse gas emissions from international shipping and aviation and the production and

consumption of HFCs respectively.

WELCOMES the outcome of the Addis Ababa Conference that strengthens the framework

to finance sustainable development and the means of implementation for the universal

2030 agenda for sustainable development; LOOKS FORWARD to the upcoming UN

Summit that will adopt the agenda “Transforming our world: The 2030 agenda for

sustainable development” in order to address the universal challenge of poverty eradication

and sustainable development and that confirms the importance of tackling climate change

as a key element in confronting that challenge.

25.

Any other business

Cycling as a mode of transport

The Council took note of the information provided by the presidency about its statement in favour

of cycling as a mode of transport, which will be discussed by transport ministers in Luxembourg at

their meeting on 7 October 2015 (11944/15).

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OTHER ITEMS APPROVED

ENVIRONMENT

Greenhouse gas emissions: creation of a market stability reserve

The Council approved the decision on the creation of a market stability reserve (MSR) for the EU

greenhouse gas emission trading scheme (EU ETS). This new reserve aims to tackle structural

supply-demand imbalances in the EU ETS.

Press release -

Greenhouse gas emissions: creation of a market stability reserve approved

Decision concerning the establishment and operation of a market stability reserve for the EU ETS

JUSTICE AND HOME AFFAIRS

Council of Europe - prevention of terrorism

The Council adopted decisions on the signing, on behalf of the European Union, of the Council of

Europe Convention on the Prevention of Terrorism (CETS No.196) (11217/15) and of its

Additional Protocol (11218/15).

FOREIGN AFFAIRS

Relocation of the International Cocoa Organisation headquarters

The Council adopted the EU position supporting the possible relocation of the International Cocoa

Organisation (ICCO) from London to Abidjan, provided certain conditions are met.

COMMON SECURITY AND DEFENCE POLICY

EU crisis management military exercise

The Council approved the exercise specifications for the EU crisis management military exercise in

2016 (MILEX 2016). The exercise will be conducted in May 2016.

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CONSUMER PROTECTION

Travel packages

The Council

adopted,

by qualified majority, its position in first reading on a

directive

that will

modernise the Package

Travel

Directive. It also approved a

statement of the Council's reasons.

The

Austrian, Belgian, Estonian, Irish, Maltese, Netherlands and Slovak delegations

voted against.

The directive seeks to adapt to travel market developments in order to meet the needs of consumers

and businesses in the digital era.

Current rules for

package

travel are difficult to apply in the digital age where consumers are

increasingly booking customised packages online, either from one trader or several traders who are

commercially linked.

The European

Parliament

is expected to confirm the Council's position in a second-reading vote at

an upcoming plenary

session.

The Council's first-reading

position

follows a political agreement reached by the Council on

28 May 2015,

which formally endorsed a Council-Parliament provisional agreement of 5 May.

EMPLOYMENT

Seafarers

The Council adopted a directive (PE-CONS

33/15)

increasing protection of seafarers' labour rights.

The new piece of legislation gives seafarers the same rights with regard to information and

consultation as those enjoyed by workers on shore while taking into account the particular nature of

the shipping sector. It is based on a joint position reached by the social partners in the maritime

sector (for further information see

press release).

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BUDGETS

Draft amending budget no 6 for 2015 - Revised forecast of own resources

The Council adopted its position accepting draft amending budget no 6 for 2015.

Draft amending budget no 6 for 2015 covers:

–

a revision of the forecast of own resources (traditional own resources, VAT and GNI-based

own resources), the budgeting of the UK corrections and its financing; this results in a

change in the distribution between member states of their own resources contributions to

the EU budget

the creation of two new budget items related to trust funds managed by the Commission

an amendment of the establishment plan for the office of the body of European regulators

for electronic communications (BEREC)

Draft amending budget no 6/2015 does not entail any additional EU expenditure in 2015.

–

The European Parliament has yet to vote on this draft amending budget. If the Parliament

accepts the Council's position the draft amending budget will be adopted. If the Parliament

adopts amendments, a three-week conciliation period will start.

TRANSPORT

Convention concerning international carriage by rail - EU position*

The Council adopted a decision establishing the position to be taken on behalf of the EU at the 12th

OTIF (Intergovernmental Organisation for International Carriage by Rail) General Assembly,

which is due to take place on 29 and 30 September 2015.

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The position relates to certain amendments to the Convention concerning international carriage by

rail (COTIF) and to its appendices.

Council decision establishing the EU position at the 12th OTIF General Assembly

Statement by Germany

Statement by United Kingdom

TRADE POLICY

International trade rules - Exercise of the EU's rights

The Council adopted a regulation codifying EU procedures for ensuring the exercise of the EU's

rights under WTO rules and other international trade rules (11395/15

PE-CONS 15/15).

The text codifies regulation 3286/94, superseding the various acts incorporated in it. Adoption

follows an agreement with the European Parliament, which approved the text at first reading on

7 July 2015.

WTO - Services - Least-developed countries

The Council approved the position to be taken by the EU within the WTO's Council for Trade in

Services as concerns the approval of preferential treatment for services and service suppliers

notified by least-developed countries (11838/1/15

REV 1

11213/15).

INTERNAL MARKET

Construction products

The Council decided not to oppose the entry into force of improved conditions proposed by the

Commission on the systems to assess and verify constancy of performance of ventilation ducts and

pipes for air ventilation

(10731/15),

wastewater engineering products

(10543/15)

and geosynthetics

products

(10541/15),

as well as on the classification of the reaction to the fire performance of

construction products

(10588/15).

Regulation

305/2011

lays down harmonised conditions for the marketing of construction products.

The Commission may adopt delegated acts on certain aspects of this regulation for the purposes of

achieving its objectives, in particular to avoid restrictions on making construction products

available on the EU market.

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FOOD LAW

Food additives - Health claims on foods - Maximum levels for contaminants in foods

The Council decided not to oppose the adoption of the six following Commission regulations:

–

a regulation authorising the use of erythritol (E 968) as a flavour enhancer in flavoured

drinks up to a maximum level of 1.6% (11325/15)

a regulation refusing to authorise certain health claims made on foods and referring to

children's development and health (10815/15)

a regulation refusing to authorise a health claim made on foods, other than those referring

to the reduction of disease risk and to children's development and health (10851/15)

a regulation amending the EU rules on the procedure for authorising recycling processes of

plastic material intended to come into contact with foods; the objective is to bring the rules

in line with the current comitology rules (10816/15)

a regulation amending regulation 1881/2006 as regards maximum levels of ergot sclerotia

in certain unprocessed cereals and the provisions on monitoring and reporting (10817/15)

a regulation mending regulation 1881/2006 as regards maximum levels for polycyclic

aromatic hydrocarbons in cocoa fibre, banana chips, food supplements, dried herbs and

dried spices (10949/15).

–

The Commission regulations are subject to the so-called regulatory procedure with scrutiny. This

means that now that the Council has given its consent, the Commission may adopt them, unless the

European Parliament objects.

AGRICULTURE

Feed hygiene - Dioxin testing of oils

The Council decided not to oppose the adoption of the Commission regulation amending annex II to

regulation 183/2005 as regards the dioxin testing of oils, fats and products derived thereof

(10927/15).

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This text provides several technical adjustments to the dioxin testing of oils as set out by regulation

183/2005 laying down general rules on feed hygiene, as well as conditions and arrangements to

ensure that processing conditions to minimise and control potential hazards are respected.

This Commission regulation is subject to the regulatory procedure with scrutiny. This means that

now that the Council has given its consent, the Commission may adopt the regulation, unless the

European Parliament objects.

Pesticides - Maximum residue levels

The Council decided not to oppose the adoption of three Commission regulations amending

annexes III, IV and V to regulation 396/2005

as regards:

–

maximum residue levels for capric acid, paraffin oil (CAS 64742-46-7), paraffin oil (CAS

72623-86-0), paraffin oil (CAS 8042-47-5), paraffin oil (CAS 97862-82-3), lime sulphur

and urea in or on certain products (amendment of annex IV) (10916/15);

maximum residue levels for guazatine in or on certain products (amendment of annexes III

and V) (11378/15);

–

Regulation 396/2005 establishes the maximum quantities of pesticide residues permitted in products

of animal or vegetable origin intended for human or animal consumption. These maximum residue

levels (MRLs) include, on the one hand, MRLs which are specific to particular foodstuffs intended

for human or animal consumption and, on the other, a general limit which applies where no specific

MRL has been set. MRL applications are communicated to the European Food Safety Authority

(EFSA) which issues a scientific opinion on each intended new MRL. Based on EFSA's opinion,

the Commission proposes a regulation such as those listed above to establish a new MRL or to

amend or remove an existing MRL and modifying the annexes of regulation 396/2005 accordingly.

These Commission regulations are subject to the regulatory procedure with scrutiny. This means

that now that the Council has given its consent, the Commission may adopt the regulations, unless

the European Parliament objects.

OJ L 070, 16.3.2005, p. 1.

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