EU Environmental Policy

1. EU Environmental Policy

2. EU Environmental Policy • Treaty of Rome 1957 (Art. 100) • European Economic Community (EEC) • Single European Act 1981 (Arts.130r, 130s, 130t,100a) • Environmental protection part of European Community (EC) policy • Maastricht Treaty 1992 • European Union (EU) • Precautionary principle • qualified majority voting • Treaty of Amsterdam 1997 • Principle of sustainable development • Integrate environmental consideration in other issue areas • Extents authority of EU Parliament in environmental policy

3. European Institutions • European Commission (DG Environment) • Administration; proposals; research • Council of the European Union (formerly: Council of Ministers) • Main decision-making body • European Parliament • Co-decision • European Court of Justice (ECJ) • enforcement

4. EU Environmental Policy: Instruments • Regulations: Take effect on date specified in them or 20 days after official publication Regulation (3528/86): Protection of Forests Against Atmospheric Pollution Regulation on the evaluation and control of the risks of existing substances (1993) • Directive: Have to be transposed in national laws (usually within 2 years) -Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community -Large Combustion Plant Directive (1988, 2001) -DIRECTIVE 2001/81/EC on national emission ceilings for certain atmospheric pollutants • Subcidiarity principle – actions are taken at the EU level only if they cannot be undertaken more efficiently at the local level

5. Expanding the EU Environmental Mandate • Market integration drives policy integration • Trade and environment conflicts • barriers to the functioning of the common internal market; • transaction cost considerations • ECJ rulings as focal points for new regulations • Examples • Chemical safety policies (US lead, the EC followed because of trade interests) • Danish beer bottle case • Danish ban on cans, require reusable bottles • ECJ 1988 ruled trade restriction on environmental grounds are justified provided they do not discriminate unfairly; • Directives on beverage containers and on packaging and waste • Most of the environmental “acquis” related to the common market

6. Expanding the EU Environmental Mandate • Environmental concern and leadership • Role of environmental leaders (Germany, Netherlands, Sweden, Denmark, Austria, Finland, UK more recently) • The 1997 “green accession” of Sweden, Denmark, Austria, Finland • European Commission as agenda setter • Advocacy organizations (ex: Friends of the Earth Europe) • Environmental Impact Assessment Directive • EU business • Well organized at the European Union levels • Influences negotiations both through governments as well as through the Commission

7. Expanding the EU Environmental Mandate • “Exporting” domestic regulations by lead countries • Domestic regulations provide incentive to harmonize at EU level (avoid competitive disadvantage, promote domestic regulatory style and technology • Large Combustion Plant Directive (LCPD 1988; 2001) – Germany interested to control acidification -> push for EC policy • Directive adopted in 1988; • Command and control (German Approach) • Technology based standards • Same dynamic repeated after the “green expansion of the EU” in 1997 • Amended, stricter directive LCPD in 2001 (negotiated over 4 years) • Directive on national ceilings on acidifying emissions (1999) Denmark tried exporting “eco tax” on fuels, but proposal failed.

8. Large Combustion Plant Directive (1988) Emissions Limits Source: European Council 1988, Directive 88/609/EEC, Annex III-VIII

9. Areas of EU Environmental Policy • General • Air • Water • Waste • Chemicals • Biodiversity • Biotechnology • Noise • Industrial risk • Integrated pollution control • Eco-labeling and audits • Climate • Over 400 pieces of legislation altogether http://europa.eu.int/comm/environment/policy_en.htm

10. Why No Race to the Bottom?

11. Implementation of EU Environmental Policy • Mechanisms of “enforcement” • “Police control” by the European Commission – monitoring of compliance • ECJ referrals and ruling • “Fire alarms” – complaints to the European Commission; cases for non-compliance with EU law can be raised at national courts • Mechanisms of environment “management” or norm and policy diffusion • Capacity building (twinning) • Information and shaming • Subsidization of environmental infrastructure • More flexibility

12. Paths to ComplianceJ. Tallberg 2002

13. Environment: Challenge for EU Accession of Central and East European Countries • Unequal economic development • Structural reforms and unemployment • Weak administrative capacity • High cost of environmental regulations (est. EUR 120 bn over 10 years) • “Environment one of most difficult areas for accession negotiations” (European Commission 1997)

14. The Puzzle of Environmental Compliance in Central and Eastern Europe • All closed environment negotiations • Limited transition periods for implementation • Is this a case of “paper compliance”?

15. The Czech Republic: Air Emissions, 1990-1997

16. Poland: Air Emissions, 1990-1997

17. Income and Acidifying Emissions in Central and Eastern Europe