Treaty of Nice

1
Environmental Policy in the EuropeanUnion
2
Introduction

• Protection of the environment is one of the major
  challenges facing Europe.
• The European Community has been criticised for
  putting trade and economic development before
  environmental considerations.
• It is now recognised that the European model of
  development cannot be based on the depletion of
  natural resources and the deterioration of our
  environment.

3
History of EU Environmental Policy (I)

• 1957 EEC created EUs founding Treaties did not
  give the Community institutions a specific remit
  to engage in nature protection activities.
• 1972-1992 Beginning of environmental action by
  the EC
• four successive action programmes, vertical and
  sectoral approach
• Some 200 pieces of legislation adopted, mainly to
  limit pollution and introduce minimum standards
• 1973 Environmental policy incorporated in the
  EEC
• 1986/87 Single European Act Environment as
  separate policy and Polluter Pays Principle
• 1992 Maastricht Treaty Principle of
  Sustainability

4
History of EU Environmental Policy (II)

• Environmental protection becomes a guiding
  objective and a pillar of Sustainable Development
• Amsterdam (1997)
• Enshrines principle of sustainable development
  as one of the EUs aims (Art. 6 TEU) and makes a
  high degree of environmental protection a
  requirement for internal market policies (Art. 95
  TEU)
• Legal basis articles 174 to 176 of the EC Treaty
  provide framework for important environmental
  principles
• precaution, prevention protection
• rectifying pollution at source
• environmental liability

5
History of EU Environmental Policy (III)

• 1992 2000 5th Environment Action Programme
• established principles of European strategy of
  voluntary action
• marked beginning of "horizontal" Community
  approach taking account of all causes of
  pollution (industry, energy, tourism, transport,
  agriculture, etc.)
• Principle of integration of environmental
  concerns
• 1998 Communication on integrating the
  environment into European Union policies (COM(98)
  333) and Vienna European Council confirm
  horizontal approach
• 2000 White paper on environmental liability
  (COM(2000)66)
• Confirms polluter pays principle as policy
  guideline
• 2001 Sustainable Development Strategy

6
Sixth action programme for the environment

• Defines environmental priorities for the EU until
  2012
• Aim to decouple economic growth from
  environmental degradation by improving
• implementation of environmental legislation
• integration of environmental concerns into other
  policies
• involvement of citizens and stakeholders
• renewed impetus for existing measures against
  persistent environmental problems and new
  concerns.
• New approach
• Not only legislative measures, but also a range
  of other incentives for business, consumers and
  policy makers to act in am environmentally
  friendly way

7
6th EAP - operational principles to be taken
into account at every level of the 6EAPs
implementation

• Principle of subsidiarity
• Diverse and unique local and regional
  characteristics need to be recognised
• Liability for environmental damage (the polluter
  pays principle)
• Precaution and prevention of environmental damage
  take priority
• Rectification of pollution at source (clean
  technologies)

Specific action is proposed for each of these
areas.
8
6EAP priority areas

• Climate change
• Reduction of greenhouse gases emissions
• Nature and biodiversity
• Halt the loss of biodiversity in the EU and
  world-wide
• Protection and restoration of natural systems
• Environment and health, quality of life
• Avoid environmental risks to human health
• Sustainable use of natural resources and waste
  management
• Limit resource consumption to a level not exceed
  the carrying capacity of the environment
• Decouple resource use from economic growth
• Reduction of waste and better waste management

9
6EAP Thematic Strategies

• Clean air for Europe programme (air pollution)
• Strategy on soil protection
• Coherent framework for sustainable use of
  pesticides
• Conservation and protection of the marine
  environment
• Strategy to promote waste recycling
• Plan for a more sustainable use of natural
  resources
• Strategy for protecting an improving urban
  environment
• plus the European Climate Change Programme (ECCP)
  

10
Sustainable development

• Development which meets the needs of the present
  without compromising the ability of future
  generations to meet their own needs. Bruntland
  Report
• Aims
• balanced and equitable economic development
• a high level of employment and social cohesion
• a high level of environmental protection and
  responsible use of natural resources
• coherent policy making within the framework of an
  open, transparent and accountable system
• effective international cooperation in order to
  make sustainable development a global priority

11
EU Sustainable Development Strategy (I)

• Presented by the Commission in 2001
• The EU strategy on SD focuses on four areas not
  already covered by the Lisbon, Nice and Stockholm
  Councils, which focused on economic and social
  issues
• Climate change
• Public health
• Management of natural resources and halting the
  decline of biodiversity
• Transport congestion

12
Sustainable Development Strategy (II)

• Aims
• Social, economic and environmental concerns to
  take equal priority to achieve high ecological,
  social and economic standards for current and
  future generations
• To decouple economic growth from environmental
  degradation
• Better integration of all horizontal elements of
  sustainable development in sectoral EU decision
  making
• Interacts with 6EAP, but takes a more
  cross-cutting approach
• Annual priorities set at Spring European Councils
• Sustainability Impact Assessment (SIA) for
  Commission proposals

13
The international dimension of sustainable
development (I)

• Environmental degradation does not know borders
• ? SD needs to be a global priority
• EU intends to take global leadership in achieving
  sustainability
• Landmark events
• - Rio Earth Summit (1992)
• 178 countries become committed to SD
• Agenda 21, a global action plan for sustainable
  development
• Progress on climate control programmes and
  conventions
• BUT slow implementation of other political
  commitments.

14
International sustainable development Landmark
events

• UN Millennium Summit (2000) / Development Goals
• set of measurable targets to reduce poverty,
  hunger, disease, illiteracy, environmental
  degradation and discrimination against women.
• Johannesburg World Summit on SD (2002)
• halve number of people without access to safe
  drinking water and basic sanitation by 2015
• improved access to modern energy services, energy
  efficiency and use of renewable energy
• Halt degradation of natural resources
• Halt/reduce loss of biodiversity (including fish
  stocks) by 2010
• Minimise harmful effects of chemicals on human
  and environmental health by 2020
• 10 year programme on sustainable consumption and
  production
• all countries should start implementing an SD
  strategy by 2005.

15
The EUs contribution to global sustainable
development

• 1) Internal measures
• Policy coherence
• Sustainable management of natural resources
• Sustainable production and consumption patterns
• 2) External cooperation patterns in accordance
  with the aims of the Johannesburg summit
• Poverty reduction strategies
• Synergies between international trade policies
  and sustainable development (Doha)
• 3) International cooperation initiatives
• EU Water Initiative
• Forest Action Plan
• EU Energy Initiative

16
The EUs Water Initiative

• Lauched at Johannesburg WSSD
• Aims
• To Halve the number of people without access to
  safe water and basic sanitation by 2015
• To generalise the practice of integrated river
  basin approaches
• EU-Africa Water for Life Agreement
• Signed at Johannesburg WSSD

17
Integrating environmental concerns into other
policies (I)

• General principle Treaty of Amsterdam
• Developed by a Communication on the integration
  of environmental considerations in Commission
  policy-making and Management COM (97) 1884
• Cardiff European Council (1998)
• compulsory environmental appraisals for major
  policy proposals
• Cardiff Integration Process (initially requiring
  agriculture, energy and transport Councils to
  implement Art. 6 TEC)
• Helsinki Council (1999) further commitments to
  integrate environmental policies and regular
  evaluations, follow-up and monitoring exercises
  undertaken by the Council and the Commission.
• Cross-cutting objective of the 6EAP

18
Integrating environmental concerns into other
policies (sectorial policies)

• Agriculture and Fisheries
• Energy and transport
• Enterprise
• Internal Market
• Research
• Structural Funds

19
Air Quality (I)

• An essential determinant of the quality of life
• EU legislative measures
• 1992 Air Quality Framework Directive and four
  daughter Directives
• Emissions from road transport
• Emissions from stationary sources
• Directive on Integrated Pollution Prevention and
  Control
• basic obligations for industrial plants to
  prevent pollution
• Directive on emissions from large combustion
  plants, waste incineration plants and other
  sources of emissions
• Directive on emissions from waste incineration
• Legislation on volatile organic compounds and
  sulphur in liquid fuels

20
Biotechnology

• Very sensitive policy area
• Many implications of biotechnology remain unknown
• Highly complex ethical questions
• Concern about impact of GMO on human health and
  the environment.
• ? EU legislation fairly strict, causing US
  criticisms
• EU legislation covers
• labelling and traceability rules (Regulation (EC)
  No 1830/2003)
• deliberate release of GMO and marketing of GMO
  products
• suitability for human and animal consumption of
  GMO, approval of new GMO products (Regulation
  (EC) No. 1829/2003)
• The EU is also bound by commitments under the
  UNs Cartagena Protocol on Biosafety ( 2000) .

21
Chemicals (I)

• Priority areas
• prohibit dangerous substances (asbestos and
  carcinogenic substances) and impose limits on the
  use of other products (nickel and benzene)
• measures on classification, packaging and
  labelling of dangerous substances
• Legislation on pesticides
• Assessment and authorisation procedures for plant
  protection products and biocidal products
• Prohibitions or restrictions on international
  pesticide trade
• Also covered by water legislation as source of
  water pollution
• sustainable use of pesticides promoted by 6EAP
• Communication on the sustainable use of
  pesticides
• October 2003 new Regulation on fertilisers

22
Chemicals (II)

• EU legislation on chemicals complemented by
  legislation on worker protection, prevention of
  chemical accidents and reduction of industrial
  emissions
• Additional measures on
• Endocrine Disrupters
• Dioxins, Furans and Polychlorinated Biphenyls
• Drawbacks of the current system
• 100,106 existing substances can currently be used
  without testing
• burden of proof lies with public authorities, not
  producer or user
• lack of efficient instruments to ensure a safe
  use of chemicals.
• few incentives for innovation and production of
  less hazardous substitutes

23
A new strategy for chemicals

• White Paper Strategy for a future Chemicals
  policy
• Classification, packaging and labelling of
  dangerous chemicals
• Risk evaluation and control (existing chemicals)
• Marketing and use restrictions on dangerous
  chemicals
• Respect of precaution and sustainable development
• Aims to fill knowledge gaps regarding dangerous
  chemicals
• REACH system, covering all substances and stages
  of the authorisation procedure for new chemicals
• A new regulatory framework for chemicals
• Central registration of enterprises producing or
  importing more than one tonne of a chemical
  substance per year

24
Climate Change (I)

• Climate Change environmental hazard and economic
  problem
• Kyoto EU to cut CO2 emissions by 8 of 1990
  levels by 2008-12
• some progress made until 2001
• new emissions rise in 2002-2003
• June 2000 European Climate Change Programme
  (ECCP)
• To identify the most environmentally and
  cost-effective measures to meet Kyoto target
• First phase three broad measures to tackle
  climate change
• 2001 Action plan for ECCP priority areas until
  2003
• Ratification of the Kyoto Protocol (Council
  Decision 31 May 2002)
• Proposed Directive for CO2 emissions allowance
  trading (starting in 2005)

25
Climate Change (II)

• Second phase implementation of the priorities
  identified in the first phase
• Directive on emissions trading
• Promotion of biofuels
• Proposal for a Directive on combined heat and
  power
• Proposal for a Directive on vehicle taxation
• Flexible joint implementation mechanisms,
  agriculture, CO2 sinks
• 2nd ECCP progress report Can we meet our Kyoto
  targets?
• Proposed emission reduction measures doubling
  reduction levels agreed at Kyoto
• New mearures in energy services, eco-design of
  energy consuming products, fluorinated gases,
  public awareness of energy efficiency, public
  procurement

26
Industry and environment

• Background
• EU committed to consultative approach involving
  stakeholders
• EU co-financing available for research
  initiatives
• EU incentives for companies to improve their
  environmental records
• Companies increasingly aware of link between
  their environmental record and their public image
• Corporate social responsibility requires stronger
  green credentials
• Aim to increase environmental awareness and
  oblige all all publicly quoted companies with a
  staff of more than 500 to report on their
  environmental performance
• EU Tools to encourage environmentally sound
  business
• Eco-Management Audit Scheme (EMAS)
• European Eco-label
• European Awards for the Environment

27
Integrated Product Policy

• Shifts focus from large pollution sources to
  entire life-cycle of a product, from
  production to disposal
• Stresses consumer and producer information
• Incentives for environmentally sound practice
• Three dimensions
• Life-cycle thinking
• Flexible policy measures, working with the
  market if possible
• Full stakeholder involvement
• Part of 6EAP and WSSD commitments

28
Nature and biodiversity (I)
Nature protection requires international
measures, but local implementation EU
coordinates, sets targets and supports nature
protection

• EU Biodiversity strategy (1998) - targets for
  conservation and sustainable strategies in key
  areas - protection of natural resources,
  agriculture, fisheries, energy and
  transport, tourism, development, economic
  cooperation
• Biodiversity action plans ( 2001)
• Gothenburg Council (2002) - defines aim to halt
  the decline of biodiversity by 2010 ?
  Biodiversity concerns must be mainstreamed in
  other policy areas ? Biodiversity Impact
  Assessment becomes necessary

29
Nature and biodiversity (II)

• Birds Directive (1979)
• Long-term protection for all wild birds
• Definition of 181 endangered species and
  sub-species requiring special protection
• Special protection areas (SPA) designated by
  Member States
• Habitats Directive (1992)
• Conservation of natural habitats and wild fauna
  and flora
• Defines some 200 types of habitats and animals,
  as well as 500 types of plants requiring
  protection
• Also defines a number of endangered species
• Special areas of conservation (SAC) designated by
  Member States
• Corner stone of EU nature protection measures
• The Natura 2000 network SPA SAC
• Financing Life Nature

30
Nature and biodiversity (III)

• Main objectives include
• Protection and restoration of natural systems
• Halting decline in biodiversity (globally and
  within the EU)
• Soil protection, focus on erosion and pollution
  prevention
• Slowing down rate of soil sealing
• Common procedure for dealing with natural
  disasters and accidents with serious
  repercussions for the environment
• Other aims
• Development of a marine protection strategy
• Sustainable forest management and extension of
  Natura 2000

31
Natura 2000

• Implementation of Natura 2000
• Over 2,800 SPA
• Over 14,900 proposed SCI
• Protected area 230,000 km2 and 437,000 km2
  respectively
• Member State contributions variable
• List of sites so far only agreed for one
  bio-geographic zone.

• Based on Birds Directive 79/409 and Habitats
  Directive 92/43
• Comprehensive legislation on nature conservation,
• Major delays in implementation all stages of
  Habitats Directive implementation running behind
• Recent focus on establishment of national and
  Community lists broader challenges ahead

32
Land use

• Managed by Member States EU monitors env.
  integration
• Env. Impact Assessment Strategic Env.
  Assessment
• Better information flows policy makers ??
  citizens (6 EAP)
• INSPIRE initiative (Infrastructure for Spatial
  information in Europe)
• GMES initiative (Global Monitoring for
  Environment and Security)
• A European urban environment strategy
• Sustainable urban transport
• Sustainable urban management
• Sustainable urban construction
• Sustainable urban design. Initiatives European
  Sustainable Cities and Towns Campaign and the
  European Indicators
• Management of Europes coastal zones
• Demonstration Programme on Integrated Coastal
  Zone Management
• Europe-wide project on coastal erosion (2002)

33
Environmental Impact Assessment
Proposed Development

• Examination of impacts on the Environment

Likelihood of adverse impacts
Positive, marginal or no impacts
Identification of mitigating measures
Finalise design
Application for development approval
Revision of conceptto limit env. impact
34
Noise

• Responsibility shared by EU, national bodies and
  local authorities

• 4 comprehensive measures developed since 1998
• Noise Expert Network to assist development of
  the EUs noise policy
• Directive on Environmental Noise requires MS to
  legislate against noise pollution
• Directive on equipment used outdoors simplified
  legislation on use of noisy equipment
• follow-up and development of existing EU laws on
  sources of noise and financial support to
  different noise related studies and research
  projects.

35
Strategy for Soil Protection

• Soil included in EU Sustainable Development
  Strategy (2001)
• Consultation on thematic strategy (2001-2002)
• Commission communication April 2002
• Environment Council June 2002

• Objectives
• Protection of soil at the same level as that of
  air and water
• Redress current lack of policy focus on soil
• Recognise threats to soil respect
  international agreements
• Identify and label the main environmental
  functions of soil
• Take appropriate action as and where necessary

36
Threats to soil

• Erosion
• Decline in organic matter
• Contamination
• Sealing for housing, roads, etc

• Compaction
• Decline in biodiversity
• Salinisation
• Floods and landslides

• Significant soil degradation, largely due to
  human activity
• Evidence of degradation in all Member States
• No evidence of a reverse trend
• Scarce information on extent and impact of
  degradation

37
Waste management

• Three complementary strategies for waste
  management
• waste reduction at source by improving product
  design
• More recycling and re-use of waste
• Drive down pollution caused by waste incineration
• The EU approach is to increase producers
  responsibility

Legislation on Packaging and Landfill sites

• New packaging Directive proposes
• Increase recovery by 10 to 60-75 increase
  recycling from 25-25 to 55-70
• Plastics recycling rate of 20
• Ecofriendly design of packaging

• Landfill Directive
• Acceptance procedures for waste to be landfilled
• Reduction of landfill
• Not all waste can be landfilled (eg used tyres)
• Operating permits for sites

38
Waste

• Priority Waste Streams
• Now
• End of Life Vehicles Directive
• Compulsory take-back recycling targets
• In legislative pipeline
• Waste electrical and electronic equipment (WEEE)
• Compulsory separation, collection, take-back,
  recycling
• EU Target 4kg per inhabitatnt p.a. separate
  product targets
• Recycling-friendly product design

Opportunities - Recyclability integrated into
product design - Re-use Opportunities for
win-win situations Challenges - Better
collection, sorting, dismantling and
recycling infrastructure - Less landfill,
more incineration - Markets for
recycled goods - Financing - Illegal dumping
39
Water

• Development of EU Water Policy
• First wave
• Standards for rivers and lakes providing drinking
  water (1975)
• Quality targets for drinking water (1980)
  quality legislation on fish waters, groundwaters,
  etc
• Dangerous Substances Directive
• Second wave
• Urban Waste Water Treatment (1991)
• Nitrates Directive (1991)
• Integrated Pollution and Prevention Control
  (1996)
• Drinking Water Directive (1998)

• Water situation in the EU
• Pollution seriously threatens 20 of all EU
  surface water
• Groundwater supplies 65 of Europes drinking
  water
• 60 of European cities overexploit their
  groundwater resources
• 50 of wetlands endangered due to excessive
  exploitation of groundwater bodies

40
The Water Framework Directive (I)

• To prevent the deterioration of aquatic
  ecosystems and depending non-aquatic ecosystems
  as well as wetlands
• To achieve a good status of water quality
• To promote sustainable water use

• Basic measures
• Implementation of EC emissions legislation
• Promotion of efficient water use
• Regulation of point source pollution
• Diffuse pollution control
• Abstraction control

• Supplementary measures to achieve good
  status of water
• Specific legislation
• Economic instruments
• Codes of conduct
• Emission controls
• Education

41
The Water Framework Directive

• Directive 2000/60/EC most comprehensive EU water
  protection
• Framework for Community action for the field of
  Water Policy
• For cleaner drinking and bathing water a
  cleaner environment
• Fair and adequate pricing of water
• Repeals or incorporates older EC Directives
• Fishlife, shellfish waters, surface waters for
  drinking water, dangerous substances,
  (groundwater)
• Leaves some EC legislation intact
• Bathing waters, Nitrates Directive, Urban waste
  water treatment
• Targets for all bodies of water
• MS can choose different regulatory options for
  identified problems
• Wider scope river basins, lakes, coastal waters,
  groundwaters

42
Enlargement and environment

• Challenges
• Institutional, financial and legislative
• more than 200 pieces of legislation to be
  implemented/transposed
• Priority areas framework legislation,
  international conventions, cross-boundary
  pollution, nature protection, product standards

• Benefits
• Wider area of environmental protection
• Positive cross-border effects for entire region
• Harmonised protection of exceptional natural
  heritage of new MS
• EU in position to tackle environmental
  protection in almost the entire continent more
  efficiently
• The EUs weight in international environmental
  issues increases with its Membership

43
Environmental policy the global dimension

• Environmental problems do not respect borders
• No country can handle the global pollution on its
  own ? Multilateral/Global approach required
• Global long term strategies required, coupling
  economic and social policies with environmental
  concerns
• EU largest source of development assistance
  source of private investment ? substantial
  responsibility in promoting environmental
  standards.
• Environmental objectives incorporated into
  external EU policies

44
Global promotion of environmental standards

• International agreementsand conventions on
• Climate change
• Biodiversity
• Desertification
• Waste management
• Water and air pollution
• Environmental governance
• Maritime and river protection
• Environmental liability

• Cooperation with
• UN Environmental Programme
• OECD
• Bilateral relations
• Russia, China, Mediterranean,
• Green diplomacy network
• Trade negotiations (WTO and bilateral) as
  vehicle for environmental matters

45
Kyoto Protocol

• The Kyoto Protocol to the United Nations
  Framework Convention on Climate Change (UNFCCC)
  is one of the most important global steps to
  control climate change
• EU target of greenhouse gas emissions 8 of 1990
  levels
• to be achieved by burden-sharing and emissions
  trading accords among the Member States.

• Ratification
• EU and Member States ratified Kyoto on 31 May
  2002
• New MS and candidate countries completed
  ratification processes in 2003
• EU lobbies other countries for the ratification
  of the protocol

46
Scope and Significance of EU Policy

• Covers the full range of air and water pollution,
  waste, noise, chemicals, radioactivity, nature
  conservation etc (not landscape)
• Drives a large proportion of national policy on
  the environment
• Many measures arise from international
  commitments
• Broad European scope and influence
• Limited focus on specific environments such as
  mountains
• Member States can apply more stringent rules if
  they so desire

47
Environmental Community Programmes (I)

• Financial Instrument for the Environment LIFE
  III
• LIFE-Nature
• co-finances implementation of birds and habitats
  directives (nature protection, Natura 2000)
• LIFE-Environment
• contributes to development of innovative
  techniques
• Eligible areas land-use development and
  planning, water management, reduction of the
  environmental impact of economic activities,
  waste management, reduction of the environmental
  impact of products through an integrated product
  policy.
• LIFE-Third countries
• Supports capacity and institution building in the
  environmental sector in neighbouring countries
  (except candidate countries)

48
Environmental Community Programmes (II)

• Short and Medium Term Priority Environmental
  Action Programme (SMAP)
• Framework for environmental action within the
  Euro-Mediterranean Partnership
• Five priotity areas for SMAP
• Integrated Water Management
• Waste Management
• Hot Spots (covering both polluted areas and
  threatened biodiversity elements
• Integrated Coastal Zone Management
• Desertification