Environmental Policy in the European Union

1. Environmental Policy in the European Union A guide to improve understanding of how EU environmental policy is made and who makes it Presentation to LOGON

2. Presentation to the CEEC LOGON Group LOGON Study visit: 3-7 April 2004 Prepared by Edward Cameron Presentation to LOGON

3. Why is environmental policy important? • A legal obligation for the Accession Candidates • Transposing • Implementation • Enforcement Presentation to LOGON

4. Why is environmental policy important? • An obligation with significant economic impact • Infrastructure • Service costs • Enforcement/ Implementation • Costs to business / industry • Awareness raising / behaviour change Presentation to LOGON

5. Why is environment important? • The European Commission estimates that compliance with the environmental acquis will cost the Accession Candidates approximately €80 to €120 billion each. Presentation to LOGON

6. Why is environment important? • The Commission also estimates that the total value of the benefits of implementation will range from €134 billion to €681 billion Presentation to LOGON

7. Why is the EU an important player? • It is the place where 60% - 80% of national policy or legislation is determined • Environmental Acquis comprises more than 500 legislative items Presentation to LOGON

8. The three components of Sustainable Development Economic Social Environmental “Sustainable development is development that meets the needs of the present without compromising the ability of future generations to meet their own needs”. Presentation to LOGON

9. Drivers • Role of the Parliament • Going above the national and straight to Europe • Internal dynamics as well as responses to external international agreements Presentation to LOGON

10. Who decides environmental policy? • Commission is the key player at the policy formulation stage • Council of Ministers is the key legislative body. Ministers in the Council have gone further in Brussels than they would have been allowed to go in their own national capitals Presentation to LOGON

11. Who decides environmental policy? • European Parliament has become powerful over time. It has strengthened legislation on some occasions (emissions), and buried legislation on others. It is generally considered to be “greener” than the Commission or Council. • ECJ sets the parameters between single market and environment. In addition it is a key instrument for enforcement. Presentation to LOGON

12. How is environmental policy decided? • Most environmental issues are subject to QMV and the simplified Co-decision procedure. Some exceptions to this are energy, fiscal measures, land-use planning, and water resources. Presentation to LOGON

13. “Environmental decision-making... …is the result of interaction, in particular between the "institutional triangle" formed by the European Parliament, the Council of the European Union and the European Commission”. Source: EUROPA Presentation to LOGON

14. Key questions for Brussels policy makers • What incentives should be used? Should they be economic? • Should the enforcement and punishment regimes be stronger? • What role for information and communication? • What role for externalization? Presentation to LOGON

15. Key questions for Brussels policy makers • What role do financial instruments have (LIFE)? • How should technical instruments be used (EMAS, ECO-LABEL, EIA, SEA etc…)? Presentation to LOGON

16. 6th Environmental Action Programme (6th EAP) • Sets out the environmental priorities for the EU up to 2010. Four areas are highlighted: • climate change • nature and biodiversity • environment and health • management of natural resources and waste Presentation to LOGON

17. 6th Environmental Action Programme (6th EAP) • Measures to achieve these priorities are: • improving the application of environmental legislation, • working with the market and citizens and ensuring that other Community policies take greater account of environmental considerations. • Integrated Product Policy. This aims to make products more environmentally sustainable throughout their life cycle. Presentation to LOGON

18. The Thematic Strategies • The 6th EAP includes the development of “Thematic Strategies” as a specific way to tackle seven key environmental issues. • Include objectives and targets, precise measures, and a plan of implementation. Presentation to LOGON

19. The Thematic Strategies • Soil protection; • Protection and conservation of the marine environment; • Sustainable use of pesticides; • Air pollution; • Urban environment; • Sustainable use and management of resources; • Prevention and recycling of waste Presentation to LOGON

20. Waste Management • Involves three complementary strategies: • eliminating waste at source by improving product design • encouraging the recycling and re-use of waste • reducing pollution caused by waste incineration • Includes Framework Directives, Legislation aimed at specific streams, and now a Thematic Strategy. Presentation to LOGON

21. Water Policy • Includes Directives dealing with: • drinking water • bathing water • ground water • waste water • Has evolved into a framework directive dealing with sustainable use of water resources and achieve good ecological and chemical status in all European waters by 2015. Presentation to LOGON

22. Air pollution and climate change • Aimed at cutting emissions from industrial activities and road vehicles. • Where transport is concerned, the strategy aims to: • reduce polluting emissions • reduce the fuel consumption of private cars • promote clean vehicles (tax incentives). Presentation to LOGON

23. Air pollution and climate change • Emissions Trading Directive in December 2002, which makes the EU the first legal entity in the world setting absolute emission limits for individual industrial CO2 emitters – or in other words about 5000 installations in Europe covering almost 50% of the EU’s climate pollution Presentation to LOGON

24. How does the EU’s environmental policy REALLY work? • Driven by personalities • Resulting from compromises • A product of external shocks • National Self-interest • Powerful lobby groups • Institutional self-interest • Expert-driven Presentation to LOGON

25. The implementation deficit • “In 1997 the Commission brought infringement cases against each and every EU Member State for failing to properly transpose EU Directives on environment. The Netherlands and Denmark were the only countries to have a single case against them. All the other countries had two or more”. Presentation to LOGON

26. The implementation deficit is a failure to: • Build capacity • Deal with subsidiarity • Choose the right instrument • Provide access to third parties • Transpose • Comply • Implement • Enforce • Communicate • Tackle behaviour Presentation to LOGON

27. Some links • www.europa.eu.int/comm/dgs/environment/directory.htm • www.europa.eu.int/comm/environment/index_en.htm • www.cameronsds.com Presentation to LOGON

28. For more information Edward Cameron +32 2 2305310 edward@cameronsds.com www.cameronsds.com Presentation to LOGON