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Project etiv emas technical implementation and verification prepared by

Project ETIV – EMAS TECHNICAL IMPLEMENTATION AND VERIFICATIONPrepared by:


Project etiv emas technical implementation and verification prepared by

This project has been funded with support from the European Commission. This publicationreflects the views only of the author, and the Commission cannot be held responsible for any use which may be made of the information contained therein.


National and european regulation

National and European Regulation

Introduction

CHAPTER 1.

Evolution of EU environmental policyfrom Rome Treaty to recently


National and european regulation1

A strategy for integrating the environment into EU policies: the Cardiff process

The Lisbon Strategy

Sustainable development

Agenda 2000

National and European Regulation


National and european regulation2

CHAPTER 2.

Environmental Action programmes

CHAPTER 3.

Principles of EU environmental policy

National and European Regulation


National and european regulation3

CHAPTER 4.

Instruments of European environmental policy

Relevant monitoring and control bodies in the European Union concerning theenvironment

National and European Regulation


National and european regulation4

CHAPTER 5.

Relevant environmental agreements

CHAPTER 6.

Situation of national environmental legislation of the 10 newcomers of the EU

National and European Regulation


National and european regulation5

CHAPTER 7.

EU legislation on environmental themes

EU Policy on Water Protection

Implementation of legislation on waste

Assessment and management of environmental noise

National and European Regulation


National and european regulation6

Energy policy in the EU

Strategy for soil protection

Sustainable agriculture

EU policy on Air

Integrated pollution prevention and control

Community eco-management and audit scheme

Environmental impact assessment

National and European Regulation


Introduction

Introduction

Six environmental action programmes from 1972

300 pieces of legislation

Treaty of Amsterdam

Single European Act 1987

Vienna European Council 1998

Maastricht Treaty 1992


Chapter 1

Evolution of EU environmenal policy

from Rome Treaty to recently

CHAPTER 1.


Treaty of rome 1958

From the early 1960’s the Community

adopted environmental legislation under

Article 100 and

Article 235

Treaty of Rome (1958)


Single european act

introduced specific provisions dealing with the environment

gave solid legal basis to European environmental policy

Single European Act


Single european act1

objectives in relation to theenvironment :

preservation, protection, and improvement of the quality of the environment;

contribute towards protection of human health;

ensure a prudent and rational usage of natural resources.

Single European Act


Single european act2

environmental action must be based on:

prevention of harm;

control of pollution at source;

polluter should pay;

the integration of the environment into other EU policies

Single European Act


Maastricht treaty

Stipulates that environmental protection requirements must be integrated into the definition and implementation of other Community policies

Builds on the changes introduced by the Single European Act

Maastricht Treaty


Maastricht treaty1

environmental protection measures can be adopted by a qualified majority of the Council of Ministers (instead of by unanimous decision)

introduces the precautionary principle

Maastricht Treaty


T he cardiff process

Horizontal approach

Integration of the environment into other Eu policies

The Cardiff process


The lisbon strategy

economic, social and environmental renewal in the EU

10-year strategy

sustainable development

social inclusion

The Lisbon Strategy


Spring meetings

co-ordination and evaluation of success of the Lisbon strategy

annual synthesis reports evaluating progress towards achieving the Lisbon goals

Spring Reports

Spring meetings


The lisbon strategy1

Climate change

Transport

Public health

Natural resources

The Lisbon Strategy


Sustainable development

Goethenborg European Council, 2001

long-term vision

combining a dynamic economy with social cohesion and high environmental standards

policy coordination and integration

globalisation of acts

Sustainable development


Sustainable development1

http://europa.eu.int/comm/sustainable/docs/strategy_en.pdfhttp://europa.eu.int/comm/sustainable/index_en.htm

Sustainable development


Agenda 2000

26 March 1999

streghtens the Community Policies (CAP and Structural policy)

preparing enlargement

gives a new financial framework for the period 2000- 2006

Agenda 2000


Reform of the cap

Focusing on Environmental aspects:

reduce price support

rural development programme

reform of the Cohesion Policy

systematic scrutiny

Reform of the CAP


Reform of the cap1

degraded environment

the integration of the environment in the framework of new Structural Funds regulations;

regional development plans

partnership involving environmental bodies

Reform of the CAP


Agenda 20001

http://europa.eu.int/comm/agenda2000/index_en.htm

Agenda 2000


Chapter 2

Environmental Action programmes:

1st EAP 1973-1976

2nd EAP 1977-1981

3rd EAP 1982-1986

4th EAP 1987-1992

5th EAP 1993-2000

6th EAP 2001-2010

CHAPTER 2.


First eap

Principles of the 1st EAP:

the importance of prevention

polluter pays principle

member states should neither cause transboundary problems nor create problems for the economic development of Third World Countries

First EAP


First eap1

’stand still’ principle

the importance of public administration

Determination of the level of action

( local, regional, national Community)

Community policy should be based on a long term strategy

First EAP


Second eap

Principles:

Prevention

Environmnetal consideration in the earliest stage of decision-making

Damage to nature must be avoided

Scientific resarch in favour of environment

Second EAP


Second eap1

Polluter pays principle

Cause no environmental affects to other member stetes

Take into account the interest of developing countries in decision making

Promote environmental protection through international organisations

Second EAP


Second eap2

The importance of environmental education

Subsidiarity principle

National environmental programmes should be co-ordinated on the basis of a common long-term concept

Second EAP


Third eap

Widened the concept of pollution prevention

Land use planning

Integration of environmental concerns into other EC policies

Develop overall environmental strategy

Third EAP


Fourth eap

effective implementation of existing Community legislation

regulation of all environmental impacts of substances and sources of pollution

Fourth EAP


Fourth eap1

Increased access to and dissemination of information

Job creation

Fourth EAP


Fifth eap

Sustainable development

Measures to curb environmental degradation

Targets five sectors

Environmental policy will rest on four main sets of instruments

Fifth EAP


Sixth e ap

climate change and global warming

natural habitat and wildlife

environment and health

natural resources and waste

Sixth EAP


Chapter 3

Principles of EU environmental policy

CHAPTER 3.


The polluter pays principle

Industry should pay the true costs of its methods of production is necessary

The Polluter Pays Principle


Principle of prevention

Action to be taken to protect the environment at an early stage

Principle of prevention


The proximity principle

The best place to deal with something is as close to that something as possible

The proximity principle


Precautionary principle

’It is better to be safe than sorry. ’

Precautionary Principle


High level of protection principle

High level of protection must be integrated into all the European Union's policies and action

High Level of Protection Principle


The integration principle

Environmental objectives must be integrated in other policy sectors

The integration principle


Chapter 4

Instruments of European environmental policy

CHAPTER 4.


M ain sets of instruments

Legislative instruments

Market-based instruments

Supporting instruments (tecnical instruments)

Financial support mechanisms

Main sets of instruments


1 european environmental legislation

Primary legislation

Secondary legislation

Case law

1. European environmental legislation


Forms of community law

Regulations(are binding andvdirectly applicable)

Directives(are binding member states to the objectives and result to be must be transposed by each member state into their own national legislation)

Decisions(are binding and addressed to and do not require transposition)

Recommendations and Opinions (not binding)

Forms of Community law:


Other tools of legislation

green papers

white paper

http://europa.eu.int/eur-lex/en/about/pap/index.html.

http://europa.eu.int/comm/off/green/index_en.htm.

http://europa.eu.int/comm/off/white/index_en.htm

Other tools of legislation


2 market based instruments

Environmental leavies

Tradable emission permits

Deposit-refund systems

Enforcement incentives

Financial aid

Industry agreements

Environmental liability

2. Market based instruments


Market based instruments mbis

During the 4 th EAP:

Deposit-refund system

Eco-label

Eco-taxes

Eco-audit

Liability

Market based instruments (MBIs) :


T arget sectors for the use of mbis

Industry

Energy

Transport

Agriculture

Tourism

Target sectors for the use of MBIs:


3 technical instruments

provide support to the environmental legislative framework

measures to assist with the overall aims of the Commission’s environmental policy

3. Technical Instruments


Technical instruments

Eco-labelling

EMAS: Environmental management and auditing scheme

EIA: Environmnetal Impact Assessment

Technical Instruments:


4 financial support instrument

LIFE programme (L’Instrument Financière pour l’Environnement)

Established in 1992

financial support for the development, implementation and updating of Community environment policy and environmental legislation

4. Financial support Instrument


Project etiv emas technical implementation and verification prepared by

LIFE ProgrammeLife-natureLife-environmentLife-third countrieshttp://europa.eu.int/comm/environment/life/


M onitoring and control bodies

European Environmental Agency (EEA)

Environment Information and Observation Network

Environmental Protection Agency

Monitoring and control bodies


Chapter 5

Relevant environmental agreements

CHAPTER 5.


Antarctic treaty

to ensure that Antarctica is used for peaceful purposes only (such as international cooperation in scientific research);

to defer the question of territorial claims asserted by some nations and not recognized by others;

to provide an international forum for management of the region;

applies to land and ice shelves south of 60 degrees South latitude

Antarctic Treaty


Basel convention on hazardous wastes

to reduce transboundary movements of wastes subject to the Convention to a minimum consistent with the environmentally sound and efficient management of such wastes;

to minimize the amount and toxicity of wastes generated and ensure their environmentally sound management as closely as possible to the source of generation;

and to assist LDCs in environmentally sound management of the hazardous and other wastes they generate

Basel Convention on hazardous wastes


Convention for the conservation of antarctic seals

to promote and achieve the protection,

scientific study,

rational use of Antarctic seals,

to maintain a satisfactory balance within the ecological system of Antarctica

Convention for the Conservation of Antarctic Seals


Convention on biological diversity

to develop national strategies for the conservation and sustainable use of biological diversity

Convention on Biological Diversity


Marine life conservation

to solve through international cooperation the problems involved in the conservation of living resources of the high seas, considering that because of the development of modern technology some of these resources are in danger of being overexploited

Marine Life Conservation


Convention on long range transboundary air pollution lrtap

to protect the human environment against air pollution,

to gradually reduce and prevent air pollution, including long-range transboundary air pollution

Convention on Long-Range Transboundary Air Pollution (LRTAP)


Convention on the conservation of antarctic marine living resources

to safeguard the environment and protect the integrity of the ecosystem of the seas surrounding Antarctica,

to conserve Antarctic marine living resources

Convention on the Conservation of Antarctic Marine LivingResources


Convention on the international trade in endangered species of wild flora and fauna cites

to protect certain endangered species from overexploitation by means of a system of import/export permits

Convention on the International Trade in Endangered Species of Wild Flora and Fauna (CITES)


Project etiv emas technical implementation and verification prepared by

to control pollution of the sea by dumping and to encourage regional agreements supplementary to the Convention

Convention on the Prevention of Marine Pollution by Dumping Wastes and Other Matter (London Convention)


Environmental modification

to prohibit the military or other hostile use of environmental modification techniques in order to further world peace and trust among nations

Environmental Modification


Ramsar convention

to stem the progressive encroachment on and loss of wetlands now and in the future,

recognizing the fundamental ecological functions of wetlands and their economic, cultural, scientific, and recreational value

Ramsar Convention


International convention for the regulation of whaling

to protect all species of whales from overhunting;

to establish a system of international regulation for the whale fisheries to ensure proper conservation and development of whale stocks;

to safeguard for future generations the great natural resources represented by whale stocks

International Convention for the Regulation of Whaling


Tropical timber 83

to provide an effective framework for cooperation between tropical timber producers and consumers

to encourage the development of national policies aimed at sustainable utilization

conservation of tropical forests and their genetic resources

Tropical Timber 83


Tropical timber 94

to ensure that by the year 2000 exports of tropical timber originate from sustainably managed sources;

to establish a fund to assist tropical timber producers in obtaining the resources necessary to reach this objective

Tropical Timber 94


Climate change kyoto protocol

to further reduce greenhouse gas emissions by enhancing the national programs of developed countries aimed at this goal and by establishing percentage reduction targets for the developed countries

Climate Change-Kyoto Protocol


Montreal protocol on substances that deplete the ozone layer

to protect the ozone layer by controlling emissions of substances that deplete it

Montreal Protocol on Substances That Deplete the Ozone Layer


Ship pollution 1973 marpol

to preserve the marine environment through the complete elimination of pollution by oil and other harmful substances

the minimization of accidental discharge of such substances

Ship Pollution, 1973 (MARPOL)


Protocol on environmental protection to the antarctic treaty

to provide for comprehensive protection of the Antarctic environment and dependent and associated ecosystems;

applies to the area covered by the Antarctic Treaty

Protocol on Environmental Protection to the Antarctic Treaty


Air pollution nitrogen oxides

to provide for the control or reduction of nitrogen oxides and their transboundary fluxes

Air Pollution-Nitrogen Oxides


Air pollution volatile organic compounds

to provide for the control and reduction of emissions of volatile organic compounds in order to reduce their transboundary fluxes so as to protect human health and the environment from adverse effects

Air Pollution-Volatile Organic Compounds


Air pollution sulfur 94

to provide for a further reduction in sulfur emissions or transboundary fluxes

Air Pollution-Sulfur 94


Pollution persistent organic pollutants

to provide for the control and reduction of emissions of persistent organic pollutants in order to reduce their transboundary fluxes so as to protect human health and the environment from adverse effects

Pollution-Persistent Organic Pollutants


Air pollution sulfur 85

to provide for a 30% reduction in sulfur emissions or transboundary fluxes by 1993

Air Pollution-Sulfur 85


Nuclear test ban

to obtain an agreement on general and complete disarmament under strict international control in accordance with the objectives of the United Nations;

to put an end to the armaments race and eliminate incentives for the production and testing of all kinds of weapons, including nuclear weapons

Nuclear Test Ban


Law of the sea

to set up a comprehensive new legal regime for the sea and oceans; to include rules concerning environmental standards as well as enforcement provisions dealing with pollution of the marine environment

Law of the Sea


United nations convention on desertification

to combat desertification and mitigate the effects of drought through national action programs that incorporate long-term strategies supported by international cooperation and partnership arrangements

United Nations Convention on Desertification


Convention on climate change

to achieve stabilization of greenhouse gas concentrations in the atmosphere at a low enough level to prevent dangerous anthropogenic interference with the climate system

Convention on Climate Change


Chapter 6

Situation of national environmental legislation of the 10 newcomers of the EU

CHAPTER 6.


Community acquis

300 legal instruments covering a wide range of fields

Member States must ensure that an environmental impact assessment is carried out before approving certain public and private-sector development projects

COMMUNITY ACQUIS


10 newcomers of the eu

Cyprus

Estonia

Hungary

Latvia

Lithuania

Malta

Poland

The Czech Republic

Slovakia

Slovenia

10 newcomers of the EU


Reported themes of accession

Air quality

Waste

Water quality

Nature conservation

Industrial pollution, risk management

Chemicals

GMO’s

Nuclear safety

Noise emission

Horizontal legislation

Administrative capacity

Reported themes of accession


The white paper on the preparation of the associated countries

product-related legislation

The White Paper on the preparation of the associated countries


Situation of national environmental legislation of the 10 newcomers of the eu

http://europa.eu.int/scadplus/leg/en/lvb/e15111.htm

http://europa.eu.int/scadplus/leg/en/lvb/e15102.htm

http://europa.eu.int/scadplus/leg/en/lvb/e15103.htm

http://europa.eu.int/scadplus/leg/en/lvb/e15104.htmhttp://europa.eu.int/scadplus/leg/en/lvb/e15105.htmhttp://europa.eu.int/scadplus/leg/en/lvb/e15112.htmhttp://europa.eu.int/scadplus/leg/en/lvb/e15106.htmhttp://europa.eu.int/scadplus/leg/en/lvb/e15107.htmhttp://europa.eu.int/scadplus/leg/en/lvb/e15109.htmhttp://europa.eu.int/scadplus/leg/en/lvb/e15110.htm

Situation of national environmental legislation of the 10 newcomers of the EU


Useful links

Useful links

http://www.am.lt/EN/VI/rubric.php3?rubric_id=123

http://www.cedar.at/sitemap.htm

http://www.eea.eu.int//

Ministries: http://www.geocities.com/gildersm/othergov.html

EU law: http://www.law.du.edu/naturalresources/countries.htm

EU environmental legislation: http://www.europa.eu.int/scadplus/leg/en/s15000.htm


Useful links1

Denmark: http://www.mem.dk/english/publeng.htm

Slovakia:http://www.rec.org/REC/Publications/EUlaw/FeeBased/Slovakia2.html

Portugal:http://www.law.du.edu/naturalresources/Individual%20Countries/Portugal.htm

Austria:http://www.umweltbundesamt.at/

Belgiumhttp://www.ibgebim.be/english/contenu/index.asp?flash=no, http://www.ibgebim.be/english/contenu/index.asp?flash=no

Iceland: http://eng.umhverfisraduneyti.is/

Italy: http://www.istat.it/English/Environmen/index.htm

Lithuania:http://www.lonelyplanet.com/destinations/europe/latvia/environment.htm, http://www.varam.gov.lv/Esakums.htm

Luxemburg: http://www.istat.it/English/Environmen/index.htm, http://www.environnement.public.lu/

Portugal:http://natport.eionet.eu.int/Channels/country_links/Ministry_of_Environment,_Portugal :

Estonia: http://www.envir.ee/eng/

Greece:http://www.minenv.gr/4/41/e4100.html

Cyprus:http://www.cyprus.gov.cy/cyphome/govhome.nsf/Main?OpenFrameSet

Malta: http://www.gov.mt/frame.asp?l=1&url=http://www.doi.gov.mt/en/ministries_and_departments/default.asp

Useful links


Useful links2

Spain: http://www.mma.es/en/index.htm

Norway:http://odin.dep.no/md/engelsk/regelverk/bn.html

Latvia:http://www.varam.gov.lv/varam/Elikumd.htm

Finland:http://www.ymparisto.fi/default.asp?contentid=53075&lan=EN

Sweden:http://www.sweden.gov.se/sb/d/2023/a/25800;jsessionid=aN6RS8v703hc

http://www.internat.naturvardsverket.se/

Hungary: http://www.ktm.hu/jogszabalyok2.php?type=2&section_id=1

(only in Hungarian)

Germany: http://www.umweltbundesamt.de/index-e.htm

http://www.bmu.de/en/1024/js/base/?nav=vorwen

Czech Republic:http://www.env.cz/www/zamest.nsf/defc72941c223d62c12564b30064fdcc/cdc577a3849f7573c1256aaf00262338?OpenDocument

Poland: http://www.mos.gov.pl/mos/akty-p/index_eng.htm

Slovenia: http://www.gov.si/mop/en/index.htm

The Netherlands: http://www.minvrom.nl/international

England: http://www.defra.gov.uk/corporate/regulat/regulat.asp

http://www.environment-agency.gov.uk/

http://www.detr.gov.uk/

http://www.cefas.co.uk/homepage.htm

Useful links


Chapter 7

EU legislation on environmental themes

CHAPTER 7.


Environmental themes

Water

Waste

Noise

Soil

Agriculture

Energy

Air

Industry (IPPC, EPER)

EMAS

EIA

Environmental themes


Eu policy on water protection

Two different approaches to tackle water pollution:

The Water Quality Objective approach (WQO)

The Emission Limit Value approach (ELV)

EU Policy on Water Protection


Eu policy on water protection1

European Water Policy,

Operative tool: the Water Framework Directive

EU Policy on Water Protection


Main objectives of the water framework directive

expanding the scope of water protection

achieving "good status" for all waters

water management based on river basins

getting the prices for water right

public participation

streamlining legislation

Main objectives of the water framework directive:


Legislations conserning water

Water Quality Objective oriented legislations

Emission-Control oriented legislations

Monitoring and Reporting related legislations

Legislations conserning water


Legislation on waste

Directive 75/442/EEC on waste,

Directive 91/689/EEC on hazardous waste,

Directive 75/439/EEC on waste oils,

Directive 86/278/EEC on sewage sludge and

Directive 94/62/EC on packaging and packaging waste, for the period 1998-2000

Legislation on waste


Hierarchy of principles regarding waste 75 442 eec

prevention,

recycling,

energy recovery,

safe disposal

Hierarchy of principles regarding waste (75/442/EEC)


Eu legislation on waste

Waste management plans

Waste statistics

Waste reisters

Monitoring authorities of waste management

EU legislation on waste


Eu legislation on noise

Directive 2002/49/EC:

Assessment and management of environmental noise i

EU legislation on noise


Noise indicators

Lden

Lnight

Staregic noise maps

Action plans on noise

Noise indicators


Action against noise green paper

maximum noise levels

Noise abatement programme

Action against noise: Green paper


Action against noise

A new framework for noise policy

Reducing emissions at source

Road traffic

Rail traffic

Aircraft

Machinery

Action against noise


Soil potection

„Towards a Thematic Strategy for Soil Protection”(2002)

Soil: the top layer of the earth's crust, formed by mineral particles, organic matter, water, air and living organisms

Soil potection


Functions of soil

producing food,

storing, filtering and transforming minerals, water, organic matter, gases, etc.,

providing raw materials,

being the platform for human activity

Functions of soil:


Threats to soil

erosion,

decline in organic matter,

soil contamination,

soil sealing,

soil compaction,

decline in soil biodiversity, salinisation and floods and landslides

Threats to soil:


Soil monitoring

Community information and monitoring system for soil threats

Soil monitoring


Sustainable agriculture

Directions towards sustainable agriculture

Sustainable agriculture


Towards sustainable agriculture

Agenda 2000 (reform of CAP)

Vienna European Council

Cardiff European Council

Treaty of Amsterdam

5th EAP

Rio summit

SEA

Towards sustainable agriculture


Eu policy on energy

General principles and programmes

Coal

Electricity

Nuclear energy

Oil and gas

Other sources of energy

EU policy on energy


Energy

2001 directive on renewable energy in the internal electricity market

Directive 2001/80/EC to limit air pollutants produced from large combustion plants

http://www.eia.doe.gov/emeu/cabs/euro.html

Energy


M ain principles of european energy policy

1) security of supply;

2) completion of the internal market;

3) environmental responsibility; and

4) promotion of renewable energy and demand management.

Main principles of European energy policy


Eu policy on air

Clean Air For Europe programme (CAFE)

Thematic Strategy on air quality

Long-Range Transboundary Air Pollution Convention (LRTAP)

EU policy on air


Integrated pollution prevention and control

Council Directive 96/61/EC=IPPC Directive:

procedure for applying for, issuing and updating operating permits;

minimum requirements to be included in any such permit

Integrated pollution prevention and control


European pollutant emission register eper

Decision 2000/479/EC

Aarhus Convention

European Pollutant Emission Register (EPER )


Project etiv emas technical implementation and verification prepared by

Decision 1999/391/EC: questionnaire

Directive 2003/87/EC: establishing a scheme for greenhouse gas emission allowance

Directive 2003/35/EC public participation

IPPC


Community eco management and audit scheme emas

Regulation 761/2001/EEC

to promote improvements in the environmental performance of organisations in all sectors

Community eco-management and audit scheme (EMAS)


Environmental impact assessment eia

Directive 85/337/EEC

a systematic procedure to assess the potential environmental damage which might be caused by individual projects and plans and includes the stipulation that the public must be involved

supplementary Directive 97/11/EC

Environmental Impact Assessment (EIA)


Assessment of the effects of plans and programmes on the environment

Directive 2001/42/EC

Helps to integrate the environment into the preparation and adoption of plans and programmes liable to have significant effects on the environment, by subjecting them to an environmental assessment.

Assessment of the effects of plans and programmes on the environment


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