EU environmental policy

Prof. Gyula Bándi

Paris summit 1972

Statement from the Paris Summit (19 to 21 October 1972)

3. Economic expansion is not an end in itself. Its first aim should be to enable disparities in living conditions to be reduced. It must take place with the participation of all the social partners. It should result in an improvement in the quality of life as well as in standards of living. As befits the genius of Europe, particular attention will be given to intangible values and to protecting the environment, so that progress may really be put at the service of mankind

Action programmes

Environmental Action Programmes

• 1st Environmental Action Programme 1973-1976(OJ C 112, 20.12.73)• 2nd Environmental Action Programme 1977-1981(OJ C 139, 13.6.77)• 3rd Environmental Action Programme 1982-1986(OJ C 46, 17.2.83)• 4th Environmental Action Programme 1987-1992(OJ C 328, 7.12.87)• 5th Environmental Action Programme 1993-2002(OJ C 138, 17.5.93)• 6th Environmental Action Programme 2002-2012(OJ L242,

10.9.2002)

“The action programmes are political declarations of intent which take all the measures planned for a certain period, place them in an overall context, set priorities and, if necessary, introduce or explain changes in due course. They do not constitute a legal basis for Community environment measures.“ Ludwig Krämer

Action programmes - summary

1. (1973 – 1976)European reaction to increasingly perceptible ecological damages: these damages had to be detected and described/explained scientifically. Secondly technological progress had to be shaped according to ecological necessities; use of immission principle and quality standards to environmental media.

2. 2nd Environmental Action Programme 1977 - 1981 In essence continuation of the first programme: directives and regulations for different environmental media (air, water, and soil); early measures relating to the EC-wide harmonisation of procedural questions.

3. 3rd Environmental Action Programme 1982 - 1986 Introduction of preventive principle and integration of environmental goals in other important sectors: protection of the Mediterranean Sea, noise reduction; regulation of transboundary emissions, hazardous substances, and the transboundary transport of hazardous substances. Shift to emission principle (industrial emissions): reduction of emission at its source; obligatory use of best available technique (BAT).

Action programmes - summary

1. 4th Environmental Action Programme 1987 - 1992 Consolidation of environmental objectives in other policy areas of the Community (especially agriculture, industry, transportation, and energy) by offering economic incentives for ecologically friendly behaviour and introducing the standardised planning instrument Environmental Impact Assessment.

2. 5th Environmental Action Programme 1993 - 2002 Postulation of the principle of sustainable development in order to combine economic and ecological objectives; decentralisation and participation: relocation of competence to national governments and regional authorities (subsidiarity), integration of different actors with various interests into institutional dialogue structures (shared responsibilities); shift from emission standards to environmental quality standards.

3. 6th Environmental Action Programme 2002 - 2012 Implementation of the European Union’s sustainable development strategy; the 6th EAP (entitled “Environment 2010: Our future, our choice”) “proposes five priority avenues of strategic action: improving the implementation of existing legislation; integrating environmental concerns into other policies; working closer with the market; empowering people as private citizens and helping them to change behaviour; and taking account of the environment in landuse planning and management decisions.”

1st – 1973-1976

The most well-known part of the policy is title II of part I on principles of a Community environment policy (paragraphs 6 to 17):

1. The best environment policy consists of preventing the creation of pollution and nuisance at source, rather than subsequently trying to counteract their effects.

2. Effects on the environment should be taken into account at the earliest possible stage in all technical planning and decision-making progresses.

3. Any exploitation of natural resources or of nature which causes significant damage to the ecological balance must be avoided.

4. The standard of scientific and technological knowledge in the Community should be improved.

5. The cost of preventing and eliminating nuisances must in principle be borne by the polluter.

1st – 1973-1976

6. Activities carried out in one state do not cause any degradation of the environment in another state.

7. The Community and its Member States must take into account in their environment policy the interests of the developing countries.

8. Global environmental policy and making an original contribution in the field of international cooperation.

9. At all levels continuous and detailed educational activity should take place.

10. It is necessary to define the level of action (local, regional, national, Community, international) that befits the type of pollution, and the geographical zone to be protected should be sought.

11. National programmes in these fields on the environment should be co-ordinated, and national policies should be harmonized within the Community.

2nd – 1977-1981

In title IV the Second Action programme summarizes those general actions that should protect and improve the environment. These are specific measures, namely

environmental impact assessment, economic aspects, dissemination of information relating to environmental protection, research projects concerning the protection of the environment, promotion of awareness of environmental problems and education, the setting up of a European Foundation for the Improvement of

living and working conditions, improvement of the working environment, ensuring compliance with environmental protection regulations.

3d -1982-86

The Third Action programmeThere are four groups of new elements in the

programme: harmonizing and even integrating the interests of

different policies; underlining the preventive character of

environmental policy; setting new priority areas; listing numbers of considerations environmental

policy should take into account.

4th – 1987-1992

The Fourth Action programme represents an important stage of development within the Community Environmental Policy.

The main characteristic of the fourth is to consider environmental protection interests as basic conditions for economic decision-making. The programme therefore develops new ideas and principles.

The preamble of the programme again highlights the most important priority areas. The widest priorities are:

a) pollution prevention, b) improvement in management of resources, c) international activities, and d) development of appropriate instruments.

5th – 1992-2002

The Fifth Action Programme, Maastricht Treaty and the UNCED process: “Towards Sustainability“

As practical requirements for achieving sustainable development the programme mentions:

the encouragement of reuse and recycling, thereby avoiding wastage and preventing the natural resource stock;

production and consumption of energy should be rationalized; and

consumption and behaviour patterns of society itself should be altered.

5th

The document is divided into three parts: Part I speaks about a policy and strategy for the

environment and sustainable development within the European Community.

Part II covers the Community’s role in the wider international arena, referring to the close correlation between the internal and external dimensions of the Community’s policy on the environment

Part III gives priorities, costs and review in a short and very general way.

The target sectors are: industry, energy, transport, agriculture, and tourism.

5th

The programme states, that “There will be a continuing need for legislative measures at Community level, particularly in respect of

the establishment of fundamental levels of environmental care and protection;

Community commitments to wider international agreements; and

common standards and/or controls which may be deemed necessary or expedient to preserve the integrity of the Internal Market.“

5th

There should also be a broad mix of instruments that contains:

a) improvement of environmental data, b) scientific research and technological

development, c) sectoral and spatial planning, d) economic instruments in order to get the

prices right, e) public information and education, f) professional education and training, g) financial support mechanisms.

5th

The Fifth Action programme wants to promote practical reforms in the following subject areas:

improvement of legislation, implementation, integration of policies, involvement of the public, environmental liability, involvement of the European Environment

Agency, reports on implementation.

5th – Progress report

1998 Progress Report marks in particular: improved and more regular contacts with a broader

range of partners, including industry; emphasis on framework legislation – water and air –

instead of detailed legislation; modification and simplification of existing legislation and codification;

emphasis on market-based and fiscal measures, voluntary agreements. The broadening of the range of instruments has proved more difficult than envisaged and the real issue for the future is how to build on experience to date and to get the mix right.

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6th – 2002-2012

The Sixth Action ProgrammeFour priority areas for action. Tackling climate change Nature and Bio-diversity - protecting a

unique resource Environment and Health Sustainable use of natural resources and

management of wastes

6th

10 subject areas of developing the instrumental setting, grouped in five

Implementation of existing environmental legislation needs to be improved.

Integration of environmental concerns into other policies must be deepened,

Working with the market through business and consumer interests will contribute to more sustainable production and consumption patterns.

Individual citizens make daily decisions that directly or indirectly impact the environment. Public participation!

Land use planning and management decisions in the Member States can have a major influence on the environment

6th

Thematic strategies adopted by the Commission in seven areas:

air pollution, waste prevention and recycling, preserving marine environment, soil, sustainable use of pesticides, sustainable use of natural resources, urban environment.

6th -review

A review in 2007

Underlines that the EU is still not on the way to sustainable development

It states that the domestic legislation of the MSs is influenced by the EU law at least to an extent of 80 %

The major conclusion is that there is an urgent need for better integration, and environmental policy must be revised in 2012

Seventh: "Living well, within the limits of our planet" At the end of 2012 the proposal for a new, seventh environmental action

programme, lasting till 2020 has been presented, with some additional elements which point out till 2050.

The 7th EAP has been adopted by the Decision No 1386/2013/EU, 20 November 2013 Official Journal L 354 , 28/12/2013 P. 0171 - 0200

The wording of the Final Report for the Assessment of the 6th Environment Action Programme:

“When assessing the effects of the overall Programme, rather than progress on individual parts of it, one can see the added value of the 6EAP in providing strategic direction and policy orientation and generating support for, and engagement with, EU environmental policy.”

“5. However, many environmental trends in the EU remain worrying, not least due to insufficient implementation of existing EU environment legislation.”

Proposal for a Decision of the European Parliament and of the Council on a General Union Environment Action Programme to 2020 "Living well, within the limits of our planet", Brussels, 2012.11.29. COM(2012) 710 final, 2012/0337 (COD)

Commission Staff Working Document, Impact Assessment - Accompanying the document Proposal for a Decision of the European Parliament and of the Council on a General Union Environment Action Programme to 2020 "Living well, within the limits of our planet", SWD(2012) 398 final, Brussels, 29.11.2012

Final Report for the Assessment of the 6th Environment Action Programme, DG ENV.1/SER/2009/0044,

Seventh

Art. 2 of the proposal presents the directory of the priority objectives:1. to protect, conserve and enhance the Union’s natural capital;2. to turn the Union into a resource-efficient, green and competitive

low-carbon business and technology;3. to safeguard the Union's citizens from environment-related

pressures and risks to health and wellbeing;4. to maximise the benefits of the Union's environment legislation;5. to improve the evidence base for environment policy;6. to secure investment for environment and climate policy and get the

prices right;7. to improve environmental integration and policy coherence;8. to enhance the sustainability of the Union's cities;9. to increase the Union’s effectiveness in confronting regional and

global environmental challenges.

Seventh

Priority objective 4: To maximise the benefits of EU environment legislation

63. In order to maximise the benefits of EU environment legislation, the programme shall ensure that by 2020:

(a) EU citizens have access to clear information showing how EU environment law is being implemented.

(b) The implementation of specific environment legislation is improved.

(c) Respect for EU environmental law at all administrative levels is reinforced and a level playing field in the internal market is guaranteed.

(d) Citizens’ trust and confidence in EU environment law is enhanced.

(e) The principle of effective legal protection for citizens and their organisations is facilitated.

Seventh

Green economy, according to Annex 2 means: “The concept of a green economy recognises that ecosystems, the economy[business] and human wellbeing (and the respective types of natural, produced, social and human capital) are intrinsically linked.”

the Rio+20 documents need to be referred to[1]: “56. ... we consider green economy in the context of sustainable development and poverty eradication as one of the important tools available for achieving sustainable development and that it could provide options for policymaking but should not be a rigid set of rules...”

[1] The Future We Want, United Nations A/CONF.216/L.1*, Rio de Janeiro, Brazil 20-22 June 2012, Distr.: Limited, 19 June 2012, Agenda item 10, point 56

SeventhThis requires, in particular: (a) Establishing systems at national level which actively disseminate

information about how EU environment legislation is being implemented, coupled with an EU-level overview of individual Member States’ performance.

(b) Drawing up partnership implementation agreements between Member States and the Commission.

(c) Extending binding criteria for effective Member State inspections and surveillance to the wider body of EU environment law, and developing a complementary capacity at EU level to address situations where there is due reason for concern, backed up by support for networks of professionals.

(d) Setting up consistent and effective mechanisms at national level for the handling of complaints about implementation of EU environment law.

(e) Ensuring that national provisions on access to justice reflect the case law of the Court of Justice of the European Union, and promoting non-judicial conflict resolution as a means of finding amicable solutions for conflicts in the environmental field.

Seventh