Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-10-25-Speech-3-261"
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"en.20061025.24.3-261"2
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"Mr President, ladies and gentlemen, the Council is very concerned about the environmental disaster that came to light some time ago in the Ivory Coast in connection with the vessel
. As the country to hold the Presidency of the Council, Finland believes that it is very important that this regrettable event be looked into thoroughly. Once again the world is made aware of the serious threats posed by moving waste to the developing countries. This is a problem that has to be addressed through decisive action. The European Union has stated that it is prepared, in collaboration with the United Nations, to help protect human health and the environment wherever the effects of the incident are particularly serious.
Moreover, in certain countries, such as the Netherlands and Estonia, a criminal investigation has been started with a view to taking a thorough look at the circumstances connected with the
case.
I will now move on to deal with the oral question put by Karl-Heinz Florenz, Chairman of the Committee on Environment, Public Health and Food Safety.
The Member States of the European Union think it important that laws and cooperation should be developed within the EU framework to prevent and investigate environmental crimes and enforce penal responsibility. Environmental crimes are by nature international, because the effects of illegal emissions extend a long way across national frontiers.
As the honourable Member says in his question, the Court of Justice of the European Communities on 13 September 2005, however, overturned the Council Framework Decision of 27 January 2003 on the protection of the environment through criminal law.
On 25 November 2005 the Commission submitted a communication to the European Parliament and to the Council on the consequences of the judgment passed by the Court of Justice.
The Court’s judgment and the Commission’s communication were discussed at the informal meeting of Ministers of Justice and Home Affairs held in Vienna in January 2006 and they were examined by the Council in Brussels on 21 February this year.
In these discussions the Commission said it wanted to think more about how to proceed with regard to the framework decisions taken earlier by the Council, decisions that might need re-examining in the light of the decision by the Court of Justice. This line of reasoning would also apply to the Framework Decision that was overturned by the Court already referred to.
That being the case, the Council is awaiting a reaction from the Commission. It may deliver an amended version of the proposal it put forward in 2001 and of the proposal for a directive it amended in 2002 or it may put forward an entirely new proposal
Recent events in West Africa have also been a reminder to us of how important it is to implement agreements on transboundary movements of waste and the supervision of waste management effectively. These are essentially the Basel Convention and the amendment to it tabled in 1995, the Marpol Convention for the Prevention of Pollution from Ships, and local maritime conservation agreements. The amendment to the Basel Convention banned the export of hazardous wastes from EU and OECD countries, as well as Liechtenstein, to other countries. It is obviously just as important to monitor compliance with these agreements.
The Eighth Meeting of the Conference of the Parties to the Basel Convention on the Control of Transboundary Movement and Management of Hazardous Wastes is to be held at the end of November in Nairobi. The European Union’s position at this conference is at present being drafted by the Council in respect of all the issues on the agenda. These include illegal movements of waste, the unloading of ships, funding the agreement, synergies between the waste and chemicals clusters and monitoring the strategic plan to implement the Convention.
Part of this preparation work took the form of a wide-ranging debate by the Environment Council on 23 October, that is to say the day before last, at the end of which the Chairman gave his conclusions on the EU’s preparations for the Conference of the Parties to the Basel Convention. These take the view that it is important to intervene decisively and effectively in illegal transboundary movements of hazardous wastes.
It is important that, in addition to the countries that have now ratified the amendment regarding the export ban on hazardous waste, as many other countries as possible do likewise, so that it might enter into force worldwide as soon as possible. As you know, the ban is already in force in all the EU Member States, because it was implemented in its entirety with the Regulation on movement of waste. Almost all the EU countries have also ratified the amendment.
The reformed EU Regulation on the movement of waste, which comes into force next July, also contains provisions which may help improve cooperation on the implementation of the Regulation at both Member State and EU level. A directive has also been issued on port reception facilities for ship-generated waste and cargo residues, compliance with which may also be relevant to the
case.
In a debate the day before last, Ministers of the Environment also highlighted the fact that effective implementation of existing legislation is a primary aim of the EU. Crucial to the prevention of illegal movements of waste is increased harmonisation of laws on the environment and navigation, especially at international level, and enhanced cooperation between authorities. What is most important is that all types of waste are treated in a way that is environmentally acceptable, regardless of where this takes place. This must be the priority goal too when vessels are scrapped.
The Chairman’s conclusions also stressed that developing countries need external help in their endeavours to implement the Basel Convention and manage waste in a way that is environmentally acceptable. Developing countries also need to make waste management part of their strategies for reducing poverty and for sustainable development.
At the Environment Council meeting the Presidency also met a delegation from the Ivory Coast, which gave an update on the situation. The magnitude of the catastrophe is staggering: in addition to the loss of many human lives, there is a huge number of urgent health problems. The disaster also has major implications for the ecology, livelihoods, human habitation and community action. At present, the key areas of importance are the cleaning up of polluted areas and sewage networks and attending to the damage caused to people and businesses. In the Ivory Coast an international and national report are being compiled on what took place, including a criminal investigation."@en1
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