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The Environment and Sustainability Committee
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This paper sets out:
§ The key EU
dossiers currently within the EU legislation process of interest to
the Environment and Sustainability Committee.
§ New areas of
work identified by the European Commission’s 2015 Work
Programme of interest to the Environment and Sustainability
Committee.
§ The key
legislative dossiers already agreed at the EU level which are now
in the national implementation stage that are of interest to the
Environment and Sustainability Committee.
We are planning a series of both formal and
informal consultations on the areas identified in this paper over
the next 12 months and we will be asking stakeholders in Wales for
their views. Outside of this planned consultation if you would like
to contact the Committee on the issues identified in this paper or
other EU agriculture or environment issues of importance to you we
would welcome your thoughts and views. You can email the Committee
on:
SeneddEnv@Assembly.Wales.
This paper will be updated as work on the areas
identified progresses.
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1.
Ways of working on EU issues
There will be important developments in Europe that
could have significant implications for Wales during the next
eighteen months. It is important for the Committee to stay abreast
of these developments and any other emerging issues, and to engage
effectively with the European institutions as and when necessary
– as it has done previously on issues such as the CAP and CFP
reforms.
As under the previous European Parliament
(2009-2014), developing strong links with relevant committees and
the respective rapporteurs on dossiers of particular importance to
Wales will be essential in terms of maintaining a level of
influence in Europe. The Committee is aware that the weight of
domestic legislative scrutiny it must undertake which will mean
that the committee time available for other types of scrutiny will
be limited.
To address this, the Committee has decided to
continue to engage with stakeholders through correspondence
to ensure that they are aware of developments at a European level
and to gather their views. Once evidence is received we will
use this to communicate any areas of concerns from stakeholders to
the European Union’s institutions. Feedback from stakeholders
and European contacts may also inform scrutiny of Welsh Ministers,
either directly during general scrutiny sessions or through
correspondence.
2.
Draft legislative
proposals going through ordinary legislative procedure
(co-decision)
The following section lists EU legislative
proposals of interest to the Environment and Sustainability
Committee. The table at the end of this Section includes a summary
of negotiations on the dossiers to date and gives an indication of
the action the Environment and Sustainability Committee hopes to
take in relation to the proposals. A useful reminder of how the
European Parliament’s legislative process works can be found
on the Parliament’s website
here.
§ Driftnets
regulation-
COM(2014)265
Proposals published May 2014. The proposal would
prohibit the use of all driftnets in EU waters. Further information on the implications for Wales
available in the Research Service
EU Policy Update on the
proposal.
§ Organic
production and labelling of organic products-
COM(2014)180
Proposals published March
2014. The proposals amend existing regulations governing the
certification and governing of the organic sector. Further information on the implications for Wales
available in the Research Service
EU Policy Update on the proposal. The
Commission Work Programme 2015 indicates that if agreement
can’t be reached within six months on these proposals they
will be withdrawn in favour of new proposals for the
sector.
§ Packaging
and packaging waste (to reduce the consumption of lightweight
plastic bags in the EU)-
COM(2013)761
Proposals published November
2013. The proposals will amend Directive 94/62/EC on packaging and
packaging waste to require Member States to take action to reduce
the use and consumption of plastic bags below 50 microns in
weight.
§ Animal
Health and Plant Health Package-
COM(2013)260,
COM(2013)267, ,
COM(2013)265
Proposals
published May
2013. The package is made up of three proposals on
changes to the existing regulatory regimes on animal health, plant
health and official controls for food safety. The package aims to
consolidate 70 existing pieces of legislation into unified and
simplified texts. Further information on the details of the
individual proposals can be found on the European
Commission’s
website.
§ Clean Air
Policy Package:
COM(2013)919,
A Package of legislative
proposals was originally
published December 2013including two draft directives.
These Directives were intended to implement the aims set out in the
EU’s Thematic Strategy on Air Pollution. The European
Commission has announced as part of its 2015 Work Programme that
only one of the draft Directives will now be taken forward, COM
(2013)919 limiting the emissions of certain pollutants into the air
from medium combustion plants. It will require Member States to
regulate emissions from plants between 1 and 50MW of rated thermal
input. Current Directives only cover plants over 50MW of rated
thermal input. Other aspects of the proposal will be taken forward
through the on-going negotiations and talks on the 2030 Climate
Change Package.
3.
Commission Work Programme 2015: New Areas
The European Commission published its Work
Programme for 2015 on 16 December 2014. As indicated in Section 2
the European Commission withdrew some proposals published by its
predecessor Commission but also announced new areas of work for
2015. Whilst some proposals have been withdrawn completely
others will be replaced by new proposals for the same theme. For
example whilst the previous Commission’s proposals on a Waste
Package have been withdrawn the Work Programme states that a new
more ambitious package on the circular economy will be presented in
2015. There are also four completely new areas of work which, when
further details are known, may be of interest to the Committee.
These are:
§ Proposals to
review the authorisation process for Genetically Modified
Organisms (GMOs);
§ Proposals for a
new Strategic Framework on Energy Union;
§ A Communication
on the EU’s objectives for the 2015 global Climate Change
negotiations in Paris; and
§ A Communication
on establishing a EU common position on the delivery of global
Sustainable Development goals.
In addition to setting out new areas of work for
2015 the Commission’s Work Programme includes a list of
legislative documents and packages that will be subject to an
effectiveness review in 2015. The content and outcomes of the
reviews of interest will be kept under review by the Committee.
These include:
§ A review of the
regulations governing beef labelling and wider food law; and
§ Reviews of the
effectiveness of Directives on Environment Liability, Birds and
Habitats, Environmental Noise and Strategic Environmental
Assessment.
4.
Implementation of Key dossiers
Since the start of this Assembly a number of key
pieces of legislation have been adopted by the EU. Responsibility
for implementing these effectively within the required timescales
set down by the legislation now lies with the Welsh Government in
relation to Wales. There are some pieces of older EU legislation
where targets, requirements and deadlines need to be met within the
coming year and importantly some areas where the Welsh Government
needs to take urgent action to implement existing European law
fully to avoid infraction proceedings. The Committee intends to
monitor closely the Welsh Government’s progress in relation
to these matters and will pursue any issues it identifies in its
scrutiny of Welsh Ministers.
§ CAP
implementation
The new
CAP will enter into force from January 2015, the Welsh Government
has already been required to notify the Commission of its decisions
in relation to Pillar 1 and has submitted a draft Rural Development
Plan for approval. It will now need to ensure that it has in
place new payment and compliance systems for both pillars, correct
appeals and mapping processes and adequate communication
structures. A new cross compliance regime needs to be
agreed and established and it will need to ensure that Rural
Payments Wales online is operating effectively.
§ CFP
implementation
The new
CFP has been in force since January 2014 with new elements of the
policy coming into force overtime. One of the key elements of the
reform, the discard ban will come into force from January
2015 and the Welsh Government will be responsible for its
implementation within the Welsh fisheries zone. Domestic
legislation also needs to be developed to deliver revised
control and technical measures and new systems of quota allocation
and management should be put in place. The Welsh Government
will be expected to contribute to regional sea plans for
fisheries management as well as contribute to the UK’s
multiannual national strategic plan on aquaculture. In
addition, it will have responsibility for distribution of the
European Maritime and Fisheries Fund in Wales.
§ Marine
Strategy Framework Directive
The
Directive requires Member States to ensure that their seas
achieve Good Environmental Status (GES) by 2020. The Welsh
Government is responsible for ensuring that GES is achieved in
Welsh waters. In order to ensure that the 2020 goals are reached
the Directive sets out a number of interim goals and targets.
Including that the Welsh Government has developed and consulted
upon a programme of measures and actions to deliver GES. This
programme needs to be in place to become operational from
2016.
§ Invasive
Alien Species
The
Regulation requires Member States to adopt a number of
surveillance, monitoring and management measures for a list of
50 Invasive Alien Species of greatest concern to the EU.
Responsibility for implementing the Regulation in Wales rests with
the Welsh Government.
§ Milk
Package
The Milk
Package has been in place since October 2012. It provides Member
States/Regions with powers to introduce domestic legislation on
written contracts between producers and processors, allows some
collective negotiation on contracts between producer organisations
and processors and enhances transparency in the market.
Wales has not opted to use these powers to date but may choose
to do so following the independent review of the industry
commissioned by the Deputy Minister for Farming and Food. Milk
Quotas come to an end in 2015 and Member States will need to
prepare for this change.
§ Compliance
and infractions
The
European Commission has notified the UK and Welsh Government of its
intention to begin infraction proceedings for failure to protect
harbour porpoises under the Habitats Directive and failure to
reduce emissions from Aberthaw power plant. The European
Commission has given the UK/Wales two months to respond before it
refers the matters to the European Court of Justice. The
Committee has written to the Minister for Natural Resource and Food
on this issue.