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Waste Workshop,Athens, 3-4 November 2011

The European Environmental Bureaus (EEB) activities onenvironmental law & enforcement,

Regina Schneider

Head of Communications, Enforcement co-ordinator


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EEBs activities are closely linked to those of the EU institutions

EU bodies and their role in correct application of EU lawTools and options the EU system offers

European Environmental Bureau

Bureau Europen de lEnvironnement

Commission:

Has the role of a watchdog, guardian of the Treaty and it is itstask to see to it that EU law is correctly applied

- Secretariat General

Annual reports on application of EU law 28th Report onmonitoring the application of EU law [COM(2011) 588]29/9/11

http://ec.europa.eu/eu_law/docs/docs_infringements/annual_report_28/com_2011_588_el.

pdf

Sectoral reports [SEC(2011) 1093]http://ec.europa.eu/eu_law/docs/docs_infringements/annual_report_28/sec_2011_1093_en

.pdf


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Commission (continued)

DG ENVI - Directorate A: Legal Affairs & Cohesion- Enforcement, Infringements coordination & legal issues, UnitA.1

ComplaintsEEB:EC COMPLAINTS PROCEDURE: EEB's SEVEN KEY

RECOMMENDATIONS FOR A CHANGE(2002)Example: interim measures requested by EEB, limited use byCommission

Complaints are mainly submitted by our members, they know the situationin the country

EEB supports their complaints- bringing them up in discussions at high level meetings

- occasionally organising a press conference or sending a PR- supporting/ co-signing letters sent to officials to draw attentionto the case


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Commission - complaints (continued)

- EEB Board had a meeting with the former EnvironmentCommissioner on complaints and the recurring problems ourmembers are face with.

- Lack of respect of agreed compensation measures- Commission investigated one of the cases

- Related to complaints EEB addresses requests to the Commissionfor access to documents

- EEB jointly with other NGOs submitted a strategic complaint withregard to the Water Framework Directive (WFD)


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Complaints Ombudsman (EP)

The European Ombudsman is exclusively dealing withmaladministrations of EU institutions

Ombudsman has only a moral power, can makerecommendations but not enforce anything

Example:

- Commission refused access to requested documents

- EEB was convinced it had a right to get these documents

- EEB submitted complaint to Ombudsman- Ombudsman supported EEB case and asked Commission to

grant access to the documents

- Commission gave only partial access

- Case was finally closed

Also EP: Petitions Committee and implementation sessions inEnvironment Committee


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Complaints to the European Court of Justice

- EEB has been asking for years that NGOs should get Access toJustice part of our work on the Aarhus Convention

- So far NGOs have no standing or only under a special condition

- They have to be personally/individually concerned

- This excludes NGOs from the Court on any environmental matter,as an example environment pollution always concerns many

- Only case NGOs can submit to the ECJ is the refusal of access to

requested documents. The NGO requested them, so it isindividually concerned by the refusal.


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Compliance promotion, governance & legal issues, Unit A.2 Better Enforcement Communications

EEB reaction to Communication COM(2008) 773/4:EEB website:Implementing European Community Environmental

LawEEB expresses concern about: Not explicit enough reference to access to documents

prioritisation versus de-prioritisation, too restricted use of interim measures, access to justice many MS not in line with Aarhus convention, pilot projects how much can they improve enforcement, etc

Submitted in form of letter, comments, assessment or position to theCommission.


Commission (continued)


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New Commission Communication on Better Enforcement,publication foreseen before end of the year.

Different focus compared to previous good governance,knowledge based improvements

EEB provided input in meeting with Commission officials andsubmitted its comments and suggestions in writing

EEB participated at COM conference.

Speech by Jeremy Wates at EC Stakeholder Conference onImplementation and Compliance (article in Metamorphosis)

After publication EEBs law-group will analyse and comment

Submit comments to Commission

Package Meetings combined with pre-NGO meetings


Commission - Compliance promotion, governance & legal

issues, Unit A.2 (continued)


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Commission, DG ENV Cohesion policy & EIA, Unit A.3

Different tools for better enforcement

Environmental Impact Assessment (EIA) revision in preparation

Strategic Environmental Assessment (SEA) EEB intends to getmore involved

Environmental Liability Directive (ELD) EEB project inpreparation in view of ELD revision

Environmental Crime Directive waiting for cases to pick it upagain and ask for revision


EEBs work on better enforcement tools,

EU law with a potential to contribute


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EEBs work on better enforcement tools

EU law with a potential to contribute

More tools for better enforcement

Environmental Inspections As part of sectoral law, eg SEVESO and also waste As law on Environmental Inspections

(they exist in the Food and Veterinary sector)Minimum Criteria for Environmental Inspections

Access to documents (Aarhus) recastafter long blockage finally moving again, vote in Committee in

November, in Plenary in DecemberCouncil under Danish PresidencyEEB will prepare a letter to MEPs with our expectations andvoting recommendations> we need your help in addressing it to the MEPs


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Bureau Europen de lEnvironnement

Lisbon Treaty

The Lisbon Treaty, changes important with regard to enforcement: Contains provision for legal training (Articles 81(2) and 82(1)

TFEU)

First time it provides a legal basis for EU action on judicialtraining

COM Communication on European judicial training expectedbefore end of the year


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Thank you for your attentionThe EU has an impressive environmental

acquis but, according to a former

Environment Commissioner only half of ithas been properly transposed into

national law and is being correctlyimplemented.

With existing EU law we have a good

basis for environment protection letsuse it!

eeb enforcement athens schneider

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