Mr. Pat Macken:

We are quite conscious ourselves in moving the EAP agenda forward that we want to see some action on it. If there is to be a programme to 2020 and there is no action in it on soils, it becomes an inaction plan rather than an action plan. A substantial number of countries have blocked legislation that the Commission introduced in 2006. A blocking minority is made up of some very large countries, including the Netherlands, Germany, the United Kingdom and France. These are some of the key countries. The Commission is still very much committed to the legislation, so there are two irreconcilable positions. In the course of the negotiations, we have been trying to find a language that allows us to try to move the agenda along and unblock the blocking minority. This issue will continue to arise until the end of the process.

Much of the debate has focused on the fact that many member states comprising the blocking minority maintain that the competence in question is not an EU competence but a matter for member states themselves. Some of the member states argue that they have many programmes in place to deal with contaminated lands and the issues of soil sealing and erosion, which are all major environmental problems. We are trying to tackle this and come up with a language that we believe might work. We cannot say with confidence yet how it will work. As I stated in my presentation, the issues are narrowing down. If we could narrow them down to this and perhaps one or two other issues in the final stages, we would be happy enough.

My colleague Mr. Brendan O'Neill may have something technical to add.