RESOLUTION B3-0618/93

The European Parliament,

A.whereas the Commission, in reply to Oral Questions Nos. H-1051/92 and H-1135/92, stated that the Habitats Directive (92/43/EEC) and the Berne Convention do not form part of Community environment policy for the purpose of Article 7(1) of Regulation (EEC) No. 2052/88 on the tasks of the Structural Funds; whereas it declined to clarify these statements in reply to Oral Question No. H-1240/92,

B.having regard to its Legal Service's opinion on this subject, which calls the Commission's replies seriously into question and raises important institutional issues concerning the Commission's duties and responsibilities under Community law,

C.whereas it is essential that there be a clearly understood definition of the term 'Community environment policy', not only to comply with the requirements of Article 7(1) of Regulation (EEC) No. 2052/88, but also in the interest of all the Community's activities,

1.Believes that the Habitats Directive does form part of Community environment policy for the purposes of Regulation (EEC) No. 2052/88: the Directive constitutes, in legislative form, an expression of Article 130r of the Treaty, with regard to wildlife habitats and species; points out that the Directive is referred to as part of Community environment policy in Regulation (EEC) No. 1973/92 establishing a financial instrument for the environment (LIFE); points out further that the Community institutions are required to abide by the objectives of the Treaty;

2.Believes further that the Berne Convention on the conservation of European wildlife and natural habitats also forms part of Community environment policy since it has been adopted by Council Decision 82/72/EEC; points out that one of the provisions of the Convention is that parties shall have regard to the conservation of wildlife in their planning and development policies;

3.Believes that, despite the fact that the Habitats Directive has not yet been transposed into national legislation, both the Member States and the Commission are required to abide by its objectives, and points out that the Court of Justice judgment in Case 80/86 confirms that a directive can have legal consequences even before it is transposed;

4.Believes that the Commission is also obliged to comply with the requirements of the Berne Convention, since the Court of Justice has ruled that the obligations of conventions of this kind are binding on the Community institutions themselves (Case 104/81);

5.Believes that failure by the Member States to comply with the Habitats Directive and the Berne Convention in their use of Community funds may constitute a breach of Article 5(2) of the EEC Treaty, which requires them to abstain from any measure which could jeopardize the attainment of the objectives of the Treaty; believes also that if the Commission assists a Member State in taking such action, for example by providing funds, it may be in breach of Article 155 of the Treaty, which requires it to ensure that the provisions of the Treaty are applied;

6.Considers it a matter of the utmost seriousness that in reply to parliamentary questions, the Commission has made statements that may be contrary to Community law; expresses its severe disapproval of the Commission for these highly unsatisfactory replies;

7.Expects the Commission from now on to comply fully with the objectives of the Habitats Directive and the Berne Convention in its decisions on spending under the Structural Funds; expects the same principles to apply to the Cohesion Fund;

8.Believes that Community environment policy also embraces the following:

-the Bonn Convention on the conservation of migratory species of wild animals, which was adopted by the Community by Council Decision 82/461/EEC,

-the Fifth Environmental Action Programme adopted by a Council Resolution at the Environmental Council meeting on 15-16 December 1992,

-the commitment to stabilize CO2 emissions at 1990 levels by the year 2000, agreed by the joint Energy and Environment Council in October 1990,

-the Biodiversity Convention, which is soon to be formally ratified by the Community (Proposal for a Council Decision COM(92)0509);

9.Believes therefore that all Community activities, and in particular its regional policy, should comply with their objectives and principles;

10.Notes that the Commission's current complaints procedure is restricted to matters relating to Community legislation; this makes it impossible for the public to bring complaints for failure to comply with Community policy; believes therefore that the complaints system should be extended to include policy matters;

11.Instructs its President to forward this resolution to the Commission.