The European Union

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The European Union

• An Overview of the EU, the Accession Process, and
  the Status of Romania's Progress in the Accession
  Process as it Relates to the Environment

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• By Gus Kerndt
• Ro. PCV Group 13, Env.Sector
• Braila, Romania
• gkerndt_at_yahoo.com
• Hm. 40-239-685-415
• Wk. 40-329-627343

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Why is the EU Important?

• PC Romanians environmental program goal is to
  promote EU accession.
• Many EU programs provide funds to Romanian NGOs.
• PCV learns about a new European culture (one of
  PCs goals remember)
• Better understand geopolitical politics.

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OUTLINE OF PRESENTATION

• Brief History of the European Union
• Organizational Structure of the EU
• EU Law
• EU Budget
• Accession Process for New Member States
• Status of Romanian Accession Process
• Aarhus Convention and Environmental Matters

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I. Brief History of the European Union
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Current Member States

• Six countries (Belgium, Germany, France, Italy,
  Luxembourg and the Netherlands) joined from the
  very beginning.
• Today, after four waves of accessions (1973
  Denmark, Ireland and the United Kingdom 1981
  Greece 1986 Spain and Portugal 1995 Austria,
  Finland and Sweden) the EU has 15 Member States.

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Applicants to the EU

• The EU is now preparing for the accession of 13
  central and eastern European countries and Turkey
  
• Czech Republic, Estonia, Cyprus, Latvia,
  Lithuania, Hungary, Malta, Poland, Romania,
  Slovenia, and Slovakia will join EU in 2004.
• Romanian and Bulgaria scheduled for accession in
  2007.
• Turkey has no dates set due to human rights
  concerns.

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Founding Treaties for the EU

• Treaty establishing the European Coal and Steel
  Community (1951in Paris)
• Treaty establishing the European Economic
  Community and Treaty establishing the European
  Atomic Energy Community (1957 in Rome)
• Treaty on European Union (1992 in Maasttrict)

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Amending Treaties

• The Merger Treaty (1965 in Brussels)
• The Single European Act (1987 in Lux)
• The Treaty of Amsterdam (1997)
• The Treaty of Nice (2003)

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II. Organizational Structure of the EU
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The Three Pillars

• The Community dimension, comprising Union
  citizenship, Community policies, Economic and
  Monetary Union, etc. (first pillar).
• The common foreign and security policy, which
  comes under Title V of the EU Treaty (second
  pillar).
• Police and judicial cooperation in criminal
  matters, which comes under Title VI of the EU
  Treaty (third pillar).

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The European Union is built on an institutional
system, which is the only one of its kind in the
world. The Member States delegate sovereignty
matters to independent institutions, which
represent the interests of the Union as a whole,
its Member Countries, and its citizens.
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Five institutions run the EU, each playing a
specific role

• European Parliament (elected by the peoples of
  the Member States)
• Council of the Union (composed of the governments
  of the Member States)
• European Commission (executive body responsible
  for implementing policy)
• Court of Justice (oversees compliance with the
  law)
• Court of Auditors (oversees sound and lawful
  management of the EU budget).

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Five further bodies are part of the institutional
system

• European Economic and Social Committee (expresses
  the opinions of organized civil society on
  economic and social issues)
• Committee of the Regions (expresses the opinions
  of regional and local authorities on regional
  policy, environment, and education)
• European Ombudsman (deals with complaints from
  citizens concerning misadministration by an EU
  institution or body)

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Five further bodies are part of the institutional
system (cont.)

• European Investment Bank (contributes to EU
  objectives by financing public and private
  long-term investments)
• European Central Bank (responsible for monetary
  policy and foreign exchange operations).

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European Parliament Composition

• 626 Members of Parliament (732 maximum after
  enlargement)
• Elected by people of the EU every 5 years
• Distributed across Member States on basis of
  Population (33 for Romania)
• Organized into 9 political groups

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European Parliament Function

• Shares power to legislate with the Council.
• Shares budgetary power with the Council
• Supervision over the Commission
• by approving the nomination of Commissioners and
• by having a right of censure over the Commission.

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Council of the EU Composition

• Consists of 15 governmental representatives of
  each Member State (
• Appointed by the governments of each of the 15
  Member State.
• Are politically responsible to their national
  governments.
• Presidency of Council held for 6 months on
  rotating basis by each Member State.
• Decisions made on basis of qualified voting.

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Council Qualified Voting

• A qualified majority is the number of votes
  required in the Council for a decision to be
  adopted when issues are being debated based on
  Article 205(2) of the EC Treaty.
• The threshold for the qualified majority is set
  at 62 votes out of 87 (71).
• Member States' votes are weighted on the basis of
  their population and corrected in favor of
  less-populated countries as follows France,
  Germany, Italy and United Kingdom 10 votes each
  Spain 8 votes Belgium, Greece, the Netherlands
  and Portugal 5 votes each Austria and Sweden 4
  votes each Denmark, Ireland and Finland 3 votes
  each Luxembourg 2 votes.

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Qualified Voting After Enlargement

• More issues will be subject to qualified voting.
• Votes increased to 345 and reallocated (14 to
  Romania)
• 72 rule will apply (I think?)
• Must reflect 62 of total population of EU .
• Can represent a majority only of Member States.

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Council of the EU Function

• The Council is the Communitys legislative body
  for a wide range of Community issues, it
  exercises that legislative power in co-decision
  with the European Parliament (see below).
• The Council coordinates the general economic
  policies of the Member States.
• The Council concludes, on behalf of the EU,
  international agreements between the latter and
  one or more States or international organizations.

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Council of the EU Function (cont.)

• The Council and the European Parliament
  constitute the budgetary authority that adopts
  the Communitys budget.
• The Council takes the decisions necessary for
  defining and implementing the common foreign and
  security policy, on the basis of general
  guidelines established by the European Council.
• Coordinates the activities of Member States and
  adopts measures in the field of police and
  judicial cooperation in criminal matters.

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Commission Composition

• The European Commission is composed of twenty
  independent persons (two each from France,
  Germany, Italy, Spain and the United Kingdom and
  one each from all the other countries).
• The Commission is appointed for a five-year term,
  by agreement among the Member States, and is
  subject to a vote of appointment by the European
  Parliament, to which it is answerable, before it
  can be sworn in.

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Commission Composition (cont.)

• Commission has a President and Vice President
  that has special powers in the operation of the
  Commission.
• The Commissioners are assisted by an
  administration made up of directorates-general
  and specialized departments whose staff is
  divided mainly between Brussels and Luxembourg.

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Commission Composition after Enlargement

• As new countries join they will get a Commission
  seat.
• Once 27 seats are established the Council by
  unanimous decision must decide on the number of
  seats which must be less than 27 and how they are
  chosen.
• President of Commission will have more power over
  other Commissioners.

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Commission Function

• Initiates draft legislation and therefore
  presents legislative proposals to Parliament and
  the Council
• As the Union's executive body, it is responsible
  for implementing the legislation (directives,
  regulations, decisions), budget and programs
  adopted by Parliament and the Council.

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CommissionFunction (cont.)

• Acts as guardian of the Treaties and, together
  with the Court of Justice, ensures that Community
  law is properly applied.
• Represents the EU on the international stage and
  negotiates international agreements, chiefly in
  the field of trade and cooperation.

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The Commission Directorates-General

• Each Commissioner oversees one or more Commission
  bureau called Directorates-General.
• 36 Directorates-General, including one on
  Environment.
• Function is to initiate and implement policy in
  their designated fields of expertise.

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Court of Justice Composition

• Consists of fifteen judges appointed for six year
  staggered terms by joint agreement by the
  governments of the Member States.
• In practice one judge comes from each Member
  State, but this is not required by Treaty.
• Assisted by 8 advocates-generals whose role is to
  give impartial opinions to the Court.
• Also assisted by a Court of First Instance that
  deals with the competitive rule cases.

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Court of Justice Function

• Checks whether instruments of the European
  institutions and of governments are compatible
  with the Treaties, and, at the request of a
  national court, to pronounce on the
  interpretation or the validity of provisions
  contained in Community law.
• Ensures that Community law is uniformly
  interpreted and effectively applied.
• It has jurisdiction in disputes involving Member
  States, EU institutions, businesses, and
  individuals.

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Court of Auditors Composition

• Composed of fifteen members appointed for six
  years by unanimous decision of the Council after
  consulting the European Parliament.
• Chosen from the ranks of the accounting
  profession.
• After enlargement each country will have one
  national on the court of auditors.

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Court of Auditors Function

• Audits EU revenue and expenditure to make sure it
  is lawful and proper and ensures that financial
  management is sound and submits them to Council
  and Parliament.
• Ensures sound financial management by
  collaborating with the other EU institutions on
  accounting/finance matters.
• Gives opinion on the adoption of financial
  regulations.

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Economic and Social Committee Composition

• Consists of 222 members (350 max after
  enlargement) falling into three categories
  employers, workers, and representatives of
  particular types of activity (such as farmers,
  craftsmen, the professions, consumer
  representatives, scientists and teachers,
  cooperatives, families, environmental movements).
  
• Members are nominated by Member States and
  appointed for four year renewable terms by
  unanimous Council decision.

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Economic and Social Committee Function

• Advisory body only.
• Advises the Council, Commission and Parliament.
• Promotes involvement of organized civil society
  in the EU programs.
• Issues opinions on matters referred to it or on
  its own initiative.

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Committee of the Regions Composition

• Consists of 222 (350 max. after enlargement)
  representatives of local and regional authorities
  (i.e., municipal and regional politicians).
• Appointed by the Council for four year renewable
  terms on the basis of proposals from the Member
  States.

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Committee of the Regions Function

• Must be consulted by the Commission and the
  Council on topics of direct relevance to local
  and regional authorities (i.e., economic and
  social cohesion, transportation, public health,
  education, youth and culture, employment policy,
  and the environment)
• Lobbies for the local and regional points of view
  with the other EU institutions.

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European Central BankComposition

• Run by a 6 member Executive Board.
• Executive Board appointed by the Member States
  for a non-renewable 8 year term.
• ECB is totally independent of the other EU
  institutions.

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European Central BankFunction

• Defines and implements monetary policy in the
  Euro Zone.
• Conducts foreign exchange operations in the Euro
  Zone (i.e., Member States using Euro).
• Issues Notes in the Euro Zone.
• Promotes the operation of the payment system.
• Works in close collaboration with the Member
  States national central banks.

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European Investment BankComposition

• Corporation whose shareholders are the Member
  States.
• Member States subscribe jointly to it capital on
  sliding scale reflecting the states economic
  weight in the EU.
• Has a Board of Governors appointed by the Member
  States.

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European Investment BankFunction

• Funds public and private projects that promotes
  the objectives of EU integration both in the EU
  countries and the Applicant Countries.
• Raises capital for funding projects on the
  capital markets.
• Supervises the European Investment Fund, which
  supports investment financing in SMEs.

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European Ombudsman

• Appointed by the Parliament for a renewable 5
  year term.
• Authorized to receive and investigate complaints
  from citizens and organizations in the Member
  States.
• Has power to make recommendations of EU
  institutions and to refer matters to Parliament.

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Other Agencies

• The EU has 13 other agencies.
• They are setup by secondary (i.e., non-Treaty)
  legislation in order to accomplish a very
  specific technical, scientific, or managerial
  task, which is specified in the relevant
  Community act.
• See handout for a list of these agencies.

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III. EU Laws
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Three Different Processes for Passing Laws

• Council and Parliament pass laws that the
  Commission initiates the proposal on. There are
  three different ways a law is adopted
• Assent Process
• Consultation Process
• Codecision Process

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Three Types of EU Law

• Primary Legislation
• Secondary Legislation
• Case Law

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Primary Legislation

• Primary legislation is agreed by direct
  negotiation between Member State governments.
• These agreements are laid down in the form of
  Treaties that are then subject to ratification by
  the national parliaments.
• The same procedure applies for any subsequent
  amendments to the Treaties.

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Secondary Legislation

• Secondary Legislation is based on treaties and
  can take different forms
• Regulations, which are directly applicable and
  binding in all EU Member States without the need
  for any national implementing legislation.
• Directives, which bind Member States as to the
  objectives to be achieved within a certain time
  limit while leaving the national authorities the
  choice of form and means to be used. Directives
  have to be implemented in national legislation in
  accordance with the procedures of the individual
  Member States.

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Secondary Legislation (cont.)

• Decisions, which are binding in all their aspects
  for those to whom they are addressed. Thus,
  decisions do not require national implementing
  legislation. A decision may be addressed to any
  or all Member States, to enterprises or to
  individuals.
• Recommendations and opinions, which are not
  binding.

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Case Law

• Judgments of the European Court of Justice.
• Judgments of the European Court of First Instance.

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IV. EU Budget
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Budgeting Principals

• Unity (all the revenue and expenditure is brought
  together in a single document)
• Annuality (budget operations relate to a given
  budget year)
• Equilibrium (expenditure must not exceed
  revenue).

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Budget Process

• For compulsory expenditures (40 of the Budget)
  under the law the Council as final say (e.g. farm
  subsidies).
• Fpr non-compulsory expenditures the Council and
  the Parliament must jointly approve the budget.
• Commission proposes the draft budget.

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EU Revenue Sources

• Custom Duties on imports to EU countries.
• Agricultural Levies on agricultural imports.
• VAT tax of .75 on special GNP computed base (35
  of total revenue).
• GNP based tax with rate set to balance the budget
  (50 of total revenue).
• Budget ceiling set at 1.27 of EUs GNP

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2003 EU Budget

• Total 99.6 billion Euro
• Agricultural Subsidies 44.7 billion (45)
• Structural Operations 34 billion (34)
• Internal Polices6.8 billion (7)
• External Actions 8.4 billion (8.3)
• Administration 5.4 billion (5)
• Reserves .43 billion (.4)
• Pre-Accession Aid 3.4 billion (3)

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V. Accession Process
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Criteria for Accession to EU

• Political stable institutions guaranteeing
  democracy, the rule of law, human rights and
  respect for minorities
• Economic a functioning market economy
• Incorporation of the Community Acquis adherence
  to the various political, economic, and monetary
  aims of the European Union.

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Source of the Acquis

• The Community Acquis is the body of common rights
  and obligations, which bind all the Member States
  together within the European Union.
• It is constantly evolving.
• Is derived from various sources.

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Sources of the Acquis

• The content, principles and political objectives
  of the treaties
• The legislation adopted in application of the
  treaties and the case law of the Court of
  Justice
• The declarations and resolutions adopted by the
  Union
• Measures relating to the common foreign and
  security policy
• Measures relating to justice and home affairs
• International agreements concluded by the
  Community and those concluded by the Member
  States between themselves in the field of the
  Union's activities.

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Chapters of the Acquis

• The Acquis has been administrative defined into
  31 chapters.
• Chapter 22 relates to the environment.
• See handout entitled State of Play for list of
  all the chapters of the Acquis and how each
  Applicant Country to EU is doing in complying
  with them.

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Acquis Chapter 22 Environment Components

• Environmental impact assessments, access to
  information on environment, combating climate
  change.
• Quality standards are set for Air, Waste
  management, Water, Nature protection, Industrial
  pollution control, Chemicals, and genetically
  modified organisms, Noise and Nuclear Safety and
  Radiation Protection (safety issues arising from
  the use of nuclear energy are part of the energy
  chapter).

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Accession Partnership

• The accession partnerships is a programming
  document coordinating aid provided by the
  European Community to each country in central and
  eastern Europe.
• Set priorities for each sector in adapting to
  Community legislation.
• Accession partnerships were negotiated between
  the Council with each of the applicant countries
  in 1998.
• Adherence to the priorities set forth in the
  accession partnership document determines the
  Community's financial aid to the applicant..

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Pre-Accession EU Aid Programs

• Phare program finances the projects needed to
  adapt the applicant countries' administrative and
  legal systems and to develop their infrastructure
  (EUR 10.5 billion).
• Sapard program is being set up to manage
  additional aid for agriculture (EUR 3.5 billion).
  
• ISPAD program is being set up to manage
  infrastructure, especially in the fields of the
  environment and transport (EUR 7 billion).

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VI. Status of Romanian Accession Process
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Phare Aid to Romania

• The Phare program allocated 1.45billion to
  Romania during the period 1990-2000, and a
  further 298.7million was allocated under the
  Phare 2001.
• 30 used for institution building, including
  twinning.
• 70 used for financing investments in various
  infrastructure.

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ISPA Aid to Romania

• The annual allocation to Romania under ISPA is
  between 208-270 million for the period
  2000-2006.
• The sectors benefiting from ISPA are transport
  and the environment, with both sectors receiving
  around half of the annual allocation.

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SAPARD Aid to Romania

• The annual allocation to Romania under SAPARD is
  153 million for the period 2000-2006.
• The EU Commission adopted Romania's National Plan
  for Rural Development on November 22, 2000. This
  plan will provide the framework for SAPARD
  implementation in Romania and identifies four
  main themes of intervention.

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SAPARD Aid to Romania (cont.)

• Romanias four main themes for rural development
  will be
• Improving the competitiveness of food processing.
  
• Rural infrastructure.
• Development and diversification of the rural
  economy.
• Development of human resources.

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Romanian Environmental Acquis Compliance

• The EU report entitled "2001 Regular Report on
  Romania's Progress Towards Accession" documents
  Romania's status about complying with the acquis.
  
• Results are not good

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Romanian Environmental Acquis Compliance (cont.)

•        No significant progress has been achieved
  in integration of the environment with other
  policies of other agencies.
•         Legislation is needed on environmental
  impact assessment.
•         Limited progress has been made on
  adopting waste management legislation.
•         No progress has been made on adopting
  industrial pollution control and risk management
  legislation.     

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Romanian Environmental Acquis Compliance (cont.)

•    No progress has been made in the field of
  radiation protection.
•    Staffing for the Ministry of Water and
  Environmental Protection at the national level
  has been frozen and staffing at the county level
  in the offices of the Environmental Protection
  Inspectorates have been cut 20.
•   The budget for the environment has been
  slightly increased, but remains extremely low at
  around 73 million euros.

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VI. Aarhus Convention
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Aarhus Convention Adoption

• The UN Economic Commission for Europe (UNECE)
  Convention on Access to Information, Public
  Participation in Decision-Making and Access to
  Justice in Environmental Matters was adopted on
  25 June 1998 in the Danish city of Aarhus
• Romanian adopted the Convention on June 25, 1998
  and ratified it on July 11, 2000.
• EU has signed the convention and waiting for
  Member States to Ratify it.

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Aarhus Convention Principals

• The first pillar gives the public the right of
  access to environmental information.
• The second pillar gives the public the right to
  participate in decision-making processes.
• The third pillar ensures access to justice for
  the public.

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Why Aarhus is Important

• It is a sword that NGOs can use against arbitrary
  and capricious government actions.
• A comparison to USA law It has a mix of
  components found in the following laws
• Freedom of Information Act
• Administrate Procedure Act
• National Environmental Policy Act.

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QUESTIONS?