EU environmental policy

1
EU environmental policy

• Prof. Gyula Bándi

2
Paris summit 1972

• Statement from the Paris Summit (19 to 21 October
  1972)
• 3. Economic expansion is not an end in itself.
  Its first aim should be to enable disparities in
  living conditions to be reduced. It must take
  place with the participation of all the social
  partners. It should result in an improvement in
  the quality of life as well as in standards of
  living. As befits the genius of Europe,
  particular attention will be given to intangible
  values and to protecting the environment, so that
  progress may really be put at the service of
  mankind

3
Action programmes

• Environmental Action Programmes
• 1st Environmental Action Programme 1973-1976(OJ
  C 112, 20.12.73)
• 2nd Environmental Action Programme 1977-1981(OJ
  C 139, 13.6.77)
• 3rd Environmental Action Programme 1982-1986(OJ
  C 46, 17.2.83)
• 4th Environmental Action Programme 1987-1992(OJ
  C 328, 7.12.87)
• 5th Environmental Action Programme 1993-2002(OJ
  C 138, 17.5.93)
• 6th Environmental Action Programme 2002-2012(OJ
  L242, 10.9.2002)
• The action programmes are political declarations
  of intent which take all the measures planned for
  a certain period, place them in an overall
  context, set priorities and, if necessary,
  introduce or explain changes in due course. They
  do not constitute a legal basis for Community
  environment measures. Ludwig Krämer

4
Action programmes - summary

• (1973 1976)European reaction to increasingly
  perceptible ecological damages these damages had
  to be detected and described/explained
  scientifically. Secondly technological progress
  had to be shaped according to ecological
  necessities use of immission principle and
  quality standards to environmental media.
• 2nd Environmental Action Programme 1977 - 1981 In
  essence continuation of the first programme
  directives and regulations for different
  environmental media (air, water, and soil) early
  measures relating to the EC-wide harmonisation of
  procedural questions.
• 3rd Environmental Action Programme 1982 - 1986
  Introduction of preventive principle and
  integration of environmental goals in other
  important sectors protection of the
  Mediterranean Sea, noise reduction regulation of
  transboundary emissions, hazardous substances,
  and the transboundary transport of hazardous
  substances. Shift to emission principle
  (industrial emissions) reduction of emission at
  its source obligatory use of best available
  technique (BAT).

5
Action programmes - summary

1. 4th Environmental Action Programme 1987 - 1992
   Consolidation of environmental objectives in
   other policy areas of the Community (especially
   agriculture, industry, transportation, and
   energy) by offering economic incentives for
   ecologically friendly behaviour and introducing
   the standardised planning instrument
   Environmental Impact Assessment.
2. 5th Environmental Action Programme 1993 - 2002
   Postulation of the principle of sustainable
   development in order to combine economic and
   ecological objectives decentralisation and
   participation relocation of competence to
   national governments and regional authorities
   (subsidiarity), integration of different actors
   with various interests into institutional
   dialogue structures (shared responsibilities)
   shift from emission standards to environmental
   quality standards.
3. 6th Environmental Action Programme 2002 - 2012
   Implementation of the European Unions
   sustainable development strategy the 6th EAP
   (entitled Environment 2010 Our future, our
   choice) proposes five priority avenues of
   strategic action improving the implementation of
   existing legislation integrating environmental
   concerns into other policies working closer with
   the market empowering people as private citizens
   and helping them to change behaviour and taking
   account of the environment in landuse planning
   and management decisions.

6
1st 1973-1976

• The most well-known part of the policy is title
  II of part I on principles of a Community
  environment policy (paragraphs 6 to 17)
• 1. The best environment policy consists of
  preventing the creation of pollution and nuisance
  at source, rather than subsequently trying to
  counteract their effects.
• 2. Effects on the environment should be taken
  into account at the earliest possible stage in
  all technical planning and decision-making
  progresses.
• 3. Any exploitation of natural resources or of
  nature which causes significant damage to the
  ecological balance must be avoided.
• 4. The standard of scientific and technological
  knowledge in the Community should be improved.
• 5. The cost of preventing and eliminating
  nuisances must in principle be borne by the
  polluter.

7
1st 1973-1976

• 6. Activities carried out in one state do not
  cause any degradation of the environment in
  another state.
• 7. The Community and its Member States must take
  into account in their environment policy the
  interests of the developing countries.
• 8. Global environmental policy and making an
  original contribution in the field of
  international cooperation.
• 9. At all levels continuous and detailed
  educational activity should take place.
• 10. It is necessary to define the level of action
  (local, regional, national, Community,
  international) that befits the type of pollution,
  and the geographical zone to be protected should
  be sought.
• 11. National programmes in these fields on the
  environment should be co-ordinated, and national
  policies should be harmonized within the
  Community.

8
2nd 1977-1981

• In title IV the Second Action programme
  summarizes those general actions that should
  protect and improve the environment. These are
  specific measures, namely
• environmental impact assessment,
• economic aspects,
• dissemination of information relating to
  environmental protection,
• research projects concerning the protection of
  the environment,
• promotion of awareness of environmental problems
  and education,
• the setting up of a European Foundation for the
  Improvement of living and working conditions,
• improvement of the working environment,
• ensuring compliance with environmental protection
  regulations.

9
3d -1982-86

• The Third Action programme
• There are four groups of new elements in the
  programme
• harmonizing and even integrating the interests of
  different policies
• underlining the preventive character of
  environmental policy
• setting new priority areas
• listing numbers of considerations environmental
  policy should take into account.

10
4th 1987-1992

• The Fourth Action programme represents an
  important stage of development within the
  Community Environmental Policy.
• The main characteristic of the fourth is to
  consider environmental protection interests as
  basic conditions for economic decision-making.
  The programme therefore develops new ideas and
  principles.
• The preamble of the programme again highlights
  the most important priority areas. The widest
  priorities are
• a) pollution prevention,
• b) improvement in management of resources,
• c) international activities, and
• d) development of appropriate instruments.

11
5th 1992-2002

• The Fifth Action Programme, Maastricht Treaty and
  the UNCED process Towards Sustainability
• As practical requirements for achieving
  sustainable development the programme mentions
• the encouragement of reuse and recycling, thereby
  avoiding wastage and preventing the natural
  resource stock
• production and consumption of energy should be
  rationalized and
• consumption and behaviour patterns of society
  itself should be altered.

12
5th

• The document is divided into three parts
• Part I speaks about a policy and strategy for the
  environment and sustainable development within
  the European Community.
• Part II covers the Communitys role in the wider
  international arena, referring to the close
  correlation between the internal and external
  dimensions of the Communitys policy on the
  environment
• Part III gives priorities, costs and review in a
  short and very general way.
• The target sectors are industry, energy,
  transport, agriculture, and tourism.

13
5th

• The programme states, that There will be a
  continuing need for legislative measures at
  Community level, particularly in respect of
• the establishment of fundamental levels of
  environmental care and protection
• Community commitments to wider international
  agreements and
• common standards and/or controls which may be
  deemed necessary or expedient to preserve the
  integrity of the Internal Market.

14
5th

• There should also be a broad mix of instruments
  that contains
• a) improvement of environmental data,
• b) scientific research and technological
  development,
• c) sectoral and spatial planning,
• d) economic instruments in order to get the
  prices right,
• e) public information and education,
• f) professional education and training,
• g) financial support mechanisms.

15
5th

• The Fifth Action programme wants to promote
  practical reforms in the following subject areas
• improvement of legislation,
• implementation,
• integration of policies,
• involvement of the public,
• environmental liability,
• involvement of the European Environment Agency,
• reports on implementation.

16
5th Progress report

• 1998 Progress Report marks in particular
• improved and more regular contacts with a broader
  range of partners, including industry
• emphasis on framework legislation water and air
  instead of detailed legislation modification
  and simplification of existing legislation and
  codification
• emphasis on market-based and fiscal measures,
  voluntary agreements. The broadening of the range
  of instruments has proved more difficult than
  envisaged and the real issue for the future is
  how to build on experience to date and to get the
  mix right.

17
6th 2002-2012

• The Sixth Action Programme
• Four priority areas for action.
• Tackling climate change
• Nature and Bio-diversity - protecting a unique
  resource
• Environment and Health
• Sustainable use of natural resources and
  management of wastes

18
6th

• 10 subject areas of developing the instrumental
  setting, grouped in five
• Implementation of existing environmental
  legislation needs to be improved.
• Integration of environmental concerns into other
  policies must be deepened,
• Working with the market through business and
  consumer interests will contribute to more
  sustainable production and consumption patterns.
• Individual citizens make daily decisions that
  directly or indirectly impact the environment.
  Public participation!
• Land use planning and management decisions in the
  Member States can have a major influence on the
  environment

19
6th

• Thematic strategies adopted by the Commission in
  seven areas
• air pollution,
• waste prevention and recycling,
• preserving marine environment,
• soil,
• sustainable use of pesticides,
• sustainable use of natural resources,
• urban environment.

20
6th -review

• A review in 2007
• Underlines that the EU is still not on the way to
  sustainable development
• It states that the domestic legislation of the
  MSs is influenced by the EU law at least to an
  extent of 80
• The major conclusion is that there is an urgent
  need for better integration, and environmental
  policy must be revised in 2012

21
Seventh "Living well, within the limits of our
planet"

• At the end of 2012 the proposal for a new,
  seventh environmental action programme, lasting
  till 2020 has been presented, with some
  additional elements which point out till 2050.
• The 7th EAP has been adopted by the Decision
  No 1386/2013/EU, 20 November 2013 Official
  Journal L 354 , 28/12/2013 P. 0171 - 0200
• The wording of the Final Report for the
  Assessment of the 6th Environment Action
  Programme
• When assessing the effects of the overall
  Programme, rather than progress on individual
  parts of it, one can see the added value of the
  6EAP in providing strategic direction and policy
  orientation and generating support for, and
  engagement with, EU environmental policy.
• 5. However, many environmental trends in the EU
  remain worrying, not least due to insufficient
  implementation of existing EU environment
  legislation.
• Proposal for a Decision of the European
  Parliament and of the Council on a General Union
  Environment Action Programme to 2020 "Living
  well, within the limits of our planet", Brussels,
  2012.11.29. COM(2012) 710 final, 2012/0337 (COD)
• Commission Staff Working Document, Impact
  Assessment - Accompanying the document Proposal
  for a Decision of the European Parliament and of
  the Council on a General Union Environment Action
  Programme to 2020 "Living well, within the limits
  of our planet", SWD(2012) 398 final, Brussels,
  29.11.2012
• Final Report for the Assessment of the 6th
  Environment Action Programme, DG
  ENV.1/SER/2009/0044,

22
Seventh

• Art. 2 of the proposal presents the directory of
  the priority objectives
• to protect, conserve and enhance the Unions
  natural capital
• to turn the Union into a resource-efficient,
  green and competitive low-carbon business and
  technology
• to safeguard the Union's citizens from
  environment-related pressures and risks to health
  and wellbeing
• to maximise the benefits of the Union's
  environment legislation
• to improve the evidence base for environment
  policy
• to secure investment for environment and climate
  policy and get the prices right
• to improve environmental integration and policy
  coherence
• to enhance the sustainability of the Union's
  cities
• to increase the Unions effectiveness in
  confronting regional and global environmental
  challenges.

23
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24
Seventh

• Priority objective 4 To maximise the benefits of
  EU environment legislation
• 63. In order to maximise the benefits of EU
  environment legislation, the programme shall
  ensure that by 2020
• (a) EU citizens have access to clear information
  showing how EU environment law is being
  implemented.
• (b) The implementation of specific environment
  legislation is improved.
• (c) Respect for EU environmental law at all
  administrative levels is reinforced and a level
  playing field in the internal market is
  guaranteed.
• (d) Citizens trust and confidence in EU
  environment law is enhanced.
• (e) The principle of effective legal protection
  for citizens and their organisations is
  facilitated.

25
Seventh

• Green economy, according to Annex 2 means The
  concept of a green economy recognises that
  ecosystems, the economybusiness and human
  wellbeing (and the respective types of natural,
  produced, social and human capital) are
  intrinsically linked.
• the Rio20 documents need to be referred to1
  56. ... we consider green economy in the context
  of sustainable development and poverty
  eradication as one of the important tools
  available for achieving sustainable development
  and that it could provide options for
  policymaking but should not be a rigid set of
  rules...
• 1 The Future We Want, United Nations
  A/CONF.216/L.1, Rio de Janeiro, Brazil 20-22
  June 2012, Distr. Limited, 19 June 2012, Agenda
  item 10, point 56

26
Seventh

• This requires, in particular
• (a) Establishing systems at national level which
  actively disseminate information about how EU
  environment legislation is being implemented,
  coupled with an EU-level overview of individual
  Member States performance.
• (b) Drawing up partnership implementation
  agreements between Member States and the
  Commission.
• (c) Extending binding criteria for effective
  Member State inspections and surveillance to the
  wider body of EU environment law, and developing
  a complementary capacity at EU level to address
  situations where there is due reason for concern,
  backed up by support for networks of
  professionals.
• (d) Setting up consistent and effective
  mechanisms at national level for the handling of
  complaints about implementation of EU environment
  law.
• (e) Ensuring that national provisions on access
  to justice reflect the case law of the Court of
  Justice of the European Union, and promoting
  non-judicial conflict resolution as a means of
  finding amicable solutions for conflicts in the
  environmental field.

27
Seventh