A3-0232/94

Resolution on preventing and remedying environmental damage

The European Parliament,

-having regard to the motion for a resolution by Mr Collins and others on preventing and remedying environmental damage (B3-0473/93),

-having regard to the communication from the Commission to the Council, the Parliament and the Economic and Social Committee: Green paper on remedying environmental damage (COM(93)0047),

-having regard to the hearing held jointly with the Commission by its Committee on the Environment, Public Health and Consumer Protection on 3 and 4 November 1993,

-having regard to the other opinions forwarded to the Commission and Parliament,

-having regard to the current state of legislation in the Member States and other industrialized countries, particularly the USA and Japan,

-having regard to Council Regulation (EEC) No. 259/93 on the supervision and control of shipments of waste within, into and out of the European Community,

-having regard to the Commission proposal for a Council Directive on civil liability for damage caused by waste (COM(89)0282) and to Parliament's opinion on this subject adopted at first reading on 22 November 1990,

-having regard to the European Community's fourth and fifth Action Programmes in relation to the Environment and to its resolutions thereon of 14 May 1987 and 17 November 1992,

-having regard to the call made by the Council of Ministers of Transport and the Environment of 25 January 1993 on the Community and the Member States to 'examine the feasibility of developing a system of penalties and civil liability for environmental pollution',

-having regard to the Council of Europe Convention on civil liability for damage resulting from activities dangerous to the environment,

-having regard to the list of other international conventions on civil liability and compensation contained in Annex III to the Commission Green Paper,

-having regard to the Council Resolution of 8 June 1993 on the quality of drafting of Community legislation,

-having regard to Rule 45 of its Rules of Procedure,

-having regard to the report of the Committee on the Environment, Public Health and Consumer Protection (A3-0232/94),

A.whereas it is a principle of the Community's policy on the environment that environmental damage should be prevented at source, by the potential polluter,

B.whereas remedying the consequences of environmental disasters with a human cause, or of persistent disregard for the environment, may involve considerable cross-border costs if such legislation on civil liability as exists in the Member States is easy to circumvent, or if the polluter cannot be identified or is unable to pay,

C.determined to ensure as a priority that damage is made good and that no new long-term pollution is generated,

D.whereas environmental liability as an instrument of environmental policy has a certain attraction from the point of view of preventive environmental protection and better risk management, and should entail a greater element of risk control,

E.whereas environmental liability should be an essential element in a broader mix of instruments aimed at preventing and remedying environmental damage,

F.anxious to legislate to prevent discrepancies in the cost to industry between the Member States so as to avoid placing any industrial site at an additional disadvantage,

G.whereas Community legislation on civil liability for environmental damage must not result in an unacceptable cost being imposed on small and medium-sized enterprises,

H.whereas most Member States of the European Union still have no specific legislation on environmental liability, and whereas rules enacted at a purely national level would in any case impose differing demands and thus differing financial burdens, leading to distortion of competition and barriers to trade,

1.Considers, therefore, that legislation on liability for environmental damage is an area for which the European Community is responsible even in the light of the subsidiarity principle, and that the Community should take action in this field;

2.Calls on the Commission pursuant to Article 138(b)(2) of the EC Treaty to submit a proposal for a directive on civil liability in respect of (future) environmental damage;

3.Instructs its President to forward this resolution to the Council, the Commission and the Economic and Social Committee.