The environmental policy of the EU

1. The environmental policy of the EU István Gellérthegyi, Ph.D. associate professor National Public Service University International Institute 14 August 2012

2. European Union environmental legislation has developed over the last 30 years. • Environmental policy was not regulated at the Community level in the beginning, the Treaty of Rome does not contain regulations regarding this. • In the beginning, economic integration was the focus. • Awareness about environmental pollution began to develop because of: • Intensive economic growth • The fast growth of industrialization • Increasing energy consumption • These circumstances led to the regulation and protection of the environment at the community level.

3. At the Paris Summit in October 1972, Heads of State and Government decided that a Community environmental policy was necessary • The basis of the environmental policy was established in the First Environmental Action Program (1973).Basic goals, principles of environmental law, and activities regarding certain fields of the environment.

4. In the beginning, the environmental policy of the Community focused on the protection of different elements of the environment. • The main goal was the efficient operation of the Community and the Common Market.

5. From the beginning of the ‘90s, preventing pollution and minimizing the consumption of natural resources came to the force • Environmental policy became accepted as an equivalent of other EU policies with the publication of ‘A Sustainable Europe for a Better World: A European Union Strategy for Sustainable Development’ in 2001

6. Environmental policy in the Founding Treaties • 1987: Single European Act • Independent title of environment was accepted • 1992: Treaty on the European Union (Maastricht) • Protection of the environment became part of the internal common policy • 1997: Treaty of Amsterdam • „Environmental protection requirements must be integrated into the definition and implementation of the Community policies and activities referred to in Article 3, in particular with a view to promoting sustainable development.”

7. The Treaty establishing the European Community • The main regulations were set up with the Treaty of Maastricht. • The Treaty of Maastricht enlarged the scope of environmental policy and supplemented it with new objectives.

8. The main objectives of the Community environmental policy are: preserving, protecting and improving the quality of the environment protecting human health encouraging prudent and rational utilization of natural resources promoting measures at international level to deal with regional or worldwide environmental problems.

9. THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNIONTITLE XX.ENVIRONMENT

10. Article 191 (1) Community policy on the environment shall contribute to pursuit of the following objectives: - preserving, protecting and improving the quality of the environment; -  protecting human health; -  prudent and rational utilization of natural resources; -  promoting measures at international level to deal with regional or worldwide environmental problems.

11. (2) Community policy on the environment shall aim at a high level of protection taking into account the diversity of situations in the various regions of the Community. It shall be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay. Environmental protection requirements must be integrated into the definition and implementation of other Community policies.

12. (3) In preparing its policy on the environment, the Community shall take account of: -  available scientific and technical data; -  environmental conditions in the various regions of the Community; -  the potential benefits and costs of action or lack of action; -  the economic and social development of the Community as a whole and the balanced development of its regions.

13. (4) Within their respective spheres of competence, the Community and the Member States shall cooperate with third countries and with the competent international organizations. 

14. Article 192 • (1) The Council, consulting the Economic and Social Committee, shall decide what action is to be taken by the Community in order to achieve the objectives referred to in Article 191. -  provisions primarily of a fiscal nature; -  measures concerning town and country planning, land use with the exception of waste management and measures of a general nature, and management of water resources; -  measures significantly affecting a Member State's choice between different energy sources and the general structure of its energy supply.

15. (2) Without prejudice to certain measures of a Community nature, the Member States shall finance and implement the environment policy. • (3) Without prejudice to the principle that the polluter should pay, if a measure based on the provisions of paragraph 1 involves costs deemed disproportionate for the public authorities of a Member State, the Council shall, in the act adopting that measure, lay down appropriate provisions in the form of: -  temporary derogations and/or -  financial support from the Cohesion Fund

16. Article 193 • The protective measures adopted pursuant to Article 192 shall not prevent any Member State from maintaining or introducing more stringent protective measures. Such measures must be compatible with this Treaty. They shall be notified to the Commission.

17. Community action programmes • Community action programmes define the framework of the Community environmental policy. • The action programmes set up the challenges and priorities for a given period and create a frame for Community measures on the environment • These include legislation of common policy.

18. The First Action Programme (1973-1977) consists of two main parts: • the first part lays down the aims and principles of environmental policy, and the general fields of common activity • a second part details the concrete common activities • Objectives of the first action programme: • Prevention, reduction and termination of pollution • Maintenance of satisfactory ecological balance • Proper direction of development

19. The Second Action Programme (1977-1981) • This programme wanted to ensure the continuousness of the projects started under the first action programme. • Objectives: • Priority of the protection of water, air and noise • Rational use of land, environment and natural resources

20. The Third Action Programme (1982-1986) • Recognized the environmental policy as a seperate policy: • Connection between the economy and protection of the environment • Social and economic context of environmental policy • Preventive measures • Environmental data are taken into account in planning and decision making

21. Optimal resource allocation • International role of the Community (action within international organizations and agencies, cooperation with non-member countries) • Cooperation with developing countries

22. The Fourth Action Programme (1987-1992) • „Environmental protection policy has a central part to play in the whole corpus of Community policies and that environmental protection needs to be taken into account as a fundamental factor when economic decisions are taken.” • Emphasizes the analysis of benefits and cost, the polluter pays principle, responsibility in the environmental field It was set up at the same time with the Single European Act.

23. The Fifth Action Programme(1992-2000) • It adopted a new approach: • It focused on the necessary conditions for sustainable development. • It urged changing in the behavior of the society • The programme concentrated on the following priorities: • improving the sustainable management of natural resources (soil, water, forests, etc.) • stepping up recycling activities • increasing the consumption of energy from non-renewable sources • improving health, reducing industrial hazards and improving nuclear safety.

24. The priority objectives: • integrate environmental relations into other policy areas • set up the concept of shared responsibility with national governments, the business sector and the public. It was set up at the same time with th Treaty of Maastricht.

25. The Sixth Action Programme (2001-2010): It shall be based particularly on the polluter-pays principle, the precautionary principle and preventive action, and the principle of rectification of pollution at source.

26. The Programme aims at: • emphasizing climate change as an outstanding challenge • protecting, conserving, restoring and developing the functioning of natural systems, natural habitats, wild flora and fauna • contributing to a high level of quality of life and social well being for citizens • better resource efficiency and resource and waste management

27. The Seventh Action Programme ( 2012- ) • The 7th Action Programme will be accepted in 2012. • The 7th Programme and the actions that potentially may flow from it could affect a broad spectrum of economic actors and sectors, such as agriculture, transport, marine, regional etc. • Citizens are now more important then ever for delivering environmental outcomes.

28. Translate ecological boundaries into ambitious policy objectives • 1. Climate: The Programme should provide a new stimulus. It should consider new scientific evidence, which suggests that the ecological boundary to avert major disasters is at 1.5 degrees Celsius global warming above the pre-industrial average rather than 2 degrees. It should set new targets for 2030 as the relevant investment decisions for the energy system and adaptation to climate change are made now.

29. 2. Biodiversity and soil: The entire environmental acquis is important and should be used to meet this target: from the Habitats, Birds and Water and Marine Framework Directives to protect sites, species and ecosystems, to chemicals and industrial policies to tackle emissions. This requires new instruments addressing issues such as access to justice and environmental inspections, as well as increased financing for Natura 2000 and legislation to tackle invasive

30. 3. Environmental health: - Meanwhile chemical cocktail effects, new toxicity risks from technologies like nano-technologies and worrying findings about the vulnerability of the early human development necessitate the constant lowering of thresholds and increase the number of substances to be tackled. - Air-pollution + noise continues cause human suffering on a large scale. - The Programme should urgently reinstate the importance of applying the precautionary principle, which requires actions also in the absence of certainty.

31. 4. Power to people to shape and enforce their laws: Starting at EU level, the 7th EAP should commit the European Commission to strengthen its activities in supporting implementation of EU legislation and to better handle citizens’ and citizens’ organisations complaints about non-compliance with EU laws, recognising that they are a major source of relevant information and that lack of respect of complaints will alienate people interested in the EU.

32. 5. Strong environmental integration: The Programme should set the ground so that, whenever the opportunities arise during review and implementation of those policies, the EU Treaty obligation to ensure integration of environmental concerns can be met.

33. The Danish Presidency of the European Union • The Presidency of the Council of the EU rotates among Member States every six months. In the first half of 2012 Denmark held the Presidency for the 7th time and guided the work among the Member States.

34. ,,Future growth in Europe hinges on increased resource efficieny and to a very large extend increased energy efficiency. The Energy Efficieny Directive can form a valuable part of the foundation for growth and job creation in years to come – and will limit Europe’s import of expensive fossil fuels.’’ / Minister of Climate, Energy and Building Martin Lidegaard/

35. The Cypriot Presidency • During the second half of 2012 Cyprus takes over the Presidency • Despite the challenges that holding the Presidency presents, Cyprus aspires to rise to expectations that the role entails and also to influence and assist substantially in furthering EU ideals and enhancing the profile of the Union internationally.

36. Holding the EU Presidency is not just purely instituional obligation concerning state organs, it also has numerous repercussions, benefits and a special significance for the yountry itself and its inhabitants. • There will be several European- wide meetings, which will be organized in Cyprus. Including: meeting of climate change experts, environmental attaches, working group on ground waters, water – marine directors, network of environmental inspectors.

37. The European Environmental Agency • The Council Regulation No 1210/90 of May 7, 1990 on the establishment of the European Environment Agency and the European Environment Information and Observation Network • Currently Regulation No 401/2009 of the European Parliament and of the Council is in force • The agency started its operations in 1994 • It’s headquarters are located in Copenhagen

38. Its main objectives are: • to provide the Community, the Member States and third countries with information on the state of the environment; • to collect, process and analyse data on the state of the environment • to direct the countries’ attention to the need for effective implementation of environmental policies, • to publish a report on the state of, trends in, and prospects for the environment every five years => SOER (State and outlook of the environment report) • to develop forecasting techniques to enable preventive measures to be taken.

39. The fourth Environment State and Outlook report — SOER 2010 • Published by the European Environment Agency in November 2010. • The EEA publishes the SOER report every five years.

40. Main findings and recommendations: • Climate change • Climate change adaptation • Biodiversity, ecosystems and people’s health • Integrated solutions with a global perspective • Resource efficiency • Citizen involvement

41. Principles

42. Environmental principles • Prevention • The precautionary principle • Polluter pays • High level of protection • Principle of integration

43. Overview of EU environmental legislation

44. Horizontal Legislation: • Horizontal legislation means general environmental management issues rather than legislation regarding specific sectors, products or types of emissions.

45. Directives • Environmental impact assessment, 85/337/EEC, amended by 97/11/ECand 2003/35/EK • This Directive is applied to the assessment of the environmental effects of those public and private projects which are likely to have significant effects on the environment. • Member States adopt all measures necessary to ensure that, before their consent is given, projects likely to have significant effects on the environment by virtue inter alia, of their nature, size or location are made subject to an assessment with regard to their effects. • These projects are defined in Article 4. • The initial Directive of 1985 and its three amendments have been codified by DIRECTIVE 2011/92/EU of 13 December 2011.

46. Public access to environmental information, 2003/4/EC • The Directive seeks to grant the public access to information on the environment which is held by public authorities or government controlled bodies with public responsibility for the environment. • Member States ensure that public authorities are required, in accordance with the provisions of this Directive, to make available environmental information held by or for them to any applicant at his request and without his having to state an interest. • The Directive defines environmental ‘information’

47. Council Directive 91/692/EEC of 23 December 1991 standardizing and rationalizing reports on the implementation of certain Directives relating to the environment • The purpose of the Directive is to rationalize and improve on a sectoral basis the provisions on the transmission of information and the publication of reports.

48. Environmental liability with regard to the prevention and remedying of environmental damage, 2004/35/CE • The prevention and remedying of environmental damage should be implemented through the furtherance of the "polluter pays" principle, as indicated in the Treaty and in line with the principle of sustainable development.

49. Directive 2008/99/EC of the European Parliament and of the Council on the protection of the environment through criminal law • In order to ensure a high level of environmental protection, the EU shall deal with the increasing problem of offenses causing environmental harm. • Not every member state uses criminal sanctions to punish serious harms from violating the common environmental law. • For this reason minimum rules have to be defined at the community level. • The Directive determines which conduct constitutes a criminal offense.

50. Directive 2008/1/EC of the European Parliament and of the Council of January 15, 2008 concerning integrated pollution prevention and control(IPPC): • The former IPPC framework directive (96/61/EC), concerning highly polluting industrial activities, defined the basic obligations to be met by all industrial installations (new and existing) • It covered a list of measures for preventing the pollution of water, air and soil by industrial effluent and other waste • It set up operating licenses or permits for industrial installations • In January 2008, the IPPC directive and its amendments were codified into Directive 2008/1/EC • The Directive will be repealed from 06 January, 2014 by the Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control)