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Project ETIV – EMAS TECHNICAL IMPLEMENTATION AND VERIFICATIONPrepared 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

Introduction

CHAPTER 1.

Evolution of EU environmental policyfrom Rome Treaty to recently


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

The Lisbon Strategy

Sustainable development

Agenda 2000

National and European Regulation


CHAPTER 2.

Environmental Action programmes

CHAPTER 3.

Principles of EU environmental policy

National and European Regulation


CHAPTER 4.

Instruments of European environmental policy

Relevant monitoring and control bodies in the European Union concerning theenvironment

National and European Regulation


CHAPTER 5.

Relevant environmental agreements

CHAPTER 6.

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

National and European Regulation


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


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

Six environmental action programmes from 1972

300 pieces of legislation

Treaty of Amsterdam

Single European Act 1987

Vienna European Council 1998

Maastricht Treaty 1992


Evolution of EU environmenal policy

from Rome Treaty to recently

CHAPTER 1.


From the early 1960’s the Community

adopted environmental legislation under

Article 100 and

Article 235

Treaty of Rome (1958)


introduced specific provisions dealing with the environment

gave solid legal basis to European environmental policy

Single European Act


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


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


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


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


Horizontal approach

Integration of the environment into other Eu policies

The Cardiff process


economic, social and environmental renewal in the EU

10-year strategy

sustainable development

social inclusion

The Lisbon Strategy


co-ordination and evaluation of success of the Lisbon strategy

annual synthesis reports evaluating progress towards achieving the Lisbon goals

Spring Reports

Spring meetings


Climate change

Transport

Public health

Natural resources

The Lisbon Strategy


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


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

Sustainable development


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


Focusing on Environmental aspects:

reduce price support

rural development programme

reform of the Cohesion Policy

systematic scrutiny

Reform of the CAP


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


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

Agenda 2000


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.


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


’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


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


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


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


Widened the concept of pollution prevention

Land use planning

Integration of environmental concerns into other EC policies

Develop overall environmental strategy

Third EAP


effective implementation of existing Community legislation

regulation of all environmental impacts of substances and sources of pollution

Fourth EAP


Increased access to and dissemination of information

Job creation

Fourth EAP


Sustainable development

Measures to curb environmental degradation

Targets five sectors

Environmental policy will rest on four main sets of instruments

Fifth EAP


climate change and global warming

natural habitat and wildlife

environment and health

natural resources and waste

Sixth EAP


Principles of EU environmental policy

CHAPTER 3.


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

The Polluter Pays Principle


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

Principle of prevention


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

The proximity principle


’It is better to be safe than sorry. ’

Precautionary Principle


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

High Level of Protection Principle


Environmental objectives must be integrated in other policy sectors

The integration principle


Instruments of European environmental policy

CHAPTER 4.


Legislative instruments

Market-based instruments

Supporting instruments (tecnical instruments)

Financial support mechanisms

Main sets of instruments


Primary legislation

Secondary legislation

Case law

1. European environmental legislation


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:


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


Environmental leavies

Tradable emission permits

Deposit-refund systems

Enforcement incentives

Financial aid

Industry agreements

Environmental liability

2. Market based instruments


During the 4 th EAP:

Deposit-refund system

Eco-label

Eco-taxes

Eco-audit

Liability

Market based instruments (MBIs) :


Industry

Energy

Transport

Agriculture

Tourism

Target sectors for the use of MBIs:


provide support to the environmental legislative framework

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

3. Technical Instruments


Eco-labelling

EMAS: Environmental management and auditing scheme

EIA: Environmnetal Impact Assessment

Technical Instruments:


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


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


European Environmental Agency (EEA)

Environment Information and Observation Network

Environmental Protection Agency

Monitoring and control bodies


Relevant environmental agreements

CHAPTER 5.


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


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


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


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

Convention on Biological Diversity


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


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)


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


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)


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)


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

Environmental Modification


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


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


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


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


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


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

Montreal Protocol on Substances That Deplete the Ozone Layer


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)


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


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

Air Pollution-Nitrogen Oxides


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


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

Air Pollution-Sulfur 94


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


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

Air Pollution-Sulfur 85


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


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


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


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


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

CHAPTER 6.


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


Cyprus

Estonia

Hungary

Latvia

Lithuania

Malta

Poland

The Czech Republic

Slovakia

Slovenia

10 newcomers of the EU


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


product-related legislation

The White Paper on the preparation of the associated countries


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

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


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


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


EU legislation on environmental themes

CHAPTER 7.


Water

Waste

Noise

Soil

Agriculture

Energy

Air

Industry (IPPC, EPER)

EMAS

EIA

Environmental themes


Two different approaches to tackle water pollution:

The Water Quality Objective approach (WQO)

The Emission Limit Value approach (ELV)

EU Policy on Water Protection


European Water Policy,

Operative tool: the Water Framework Directive

EU Policy on Water Protection


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:


Water Quality Objective oriented legislations

Emission-Control oriented legislations

Monitoring and Reporting related legislations

Legislations conserning water


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


prevention,

recycling,

energy recovery,

safe disposal

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


Waste management plans

Waste statistics

Waste reisters

Monitoring authorities of waste management

EU legislation on waste


Directive 2002/49/EC:

Assessment and management of environmental noise i

EU legislation on noise


Lden

Lnight

Staregic noise maps

Action plans on noise

Noise indicators


maximum noise levels

Noise abatement programme

Action against noise: Green paper


A new framework for noise policy

Reducing emissions at source

Road traffic

Rail traffic

Aircraft

Machinery

Action against noise


„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


producing food,

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

providing raw materials,

being the platform for human activity

Functions of soil:


erosion,

decline in organic matter,

soil contamination,

soil sealing,

soil compaction,

decline in soil biodiversity, salinisation and floods and landslides

Threats to soil:


Community information and monitoring system for soil threats

Soil monitoring


Directions towards sustainable agriculture

Sustainable agriculture


Agenda 2000 (reform of CAP)

Vienna European Council

Cardiff European Council

Treaty of Amsterdam

5th EAP

Rio summit

SEA

Towards sustainable agriculture


General principles and programmes

Coal

Electricity

Nuclear energy

Oil and gas

Other sources of energy

EU policy on 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


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


Clean Air For Europe programme (CAFE)

Thematic Strategy on air quality

Long-Range Transboundary Air Pollution Convention (LRTAP)

EU policy on air


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


Decision 2000/479/EC

Aarhus Convention

European Pollutant Emission Register (EPER )


Decision 1999/391/EC: questionnaire

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

Directive 2003/35/EC public participation

IPPC


Regulation 761/2001/EEC

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

Community eco-management and audit scheme (EMAS)


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)


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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