Transcript INSTITUTIONAL DEVELOPMENTS OF EU ENVIRONMENTAL …

INSTITUTIONAL
DEVELOPMENTS OF EU
ENVIRONMENTAL POLICY
EU ENVIRONMENTAL POLICY
► No
explicit Treaty provision for any environmental
policy
► Nowadays:
350 pieces of legislation covering
almost all policy areas (air, water, soil, noise, birds,
habitats, biodiversity, urban and hazardous waste,
chemicals, biotechnologies, genetically modified
organisms, climate change, impact and risk
assessment, civil protection, etc.)
► Alternative
forms of regulation: market, selfregulation, eco-audit, eco-labelling, public
information, etc.
►A
shared (single) policy with the member
states (Europeanization)
►6
Environmental Action Programmes (19732010)
5 established Principles
 Precaution (assess, appraise and communicate
risks that science is not yet able to evaluate
fully)
 Prevention (instead of reaction)
 Rectifying pollution at source
 “Polluter pays”
 Subsidiarity (EU action only when it can deal
with problems more effectively than national or
regional governments).
Global Dimension
►A
common Strategy for Sustainable
Development
►The
most progressive environmental policy in
the world
►Environmental
considerations into other EU
external policies (trade, cooperation, etc.)
►A
proactive international player (i.e. Kyoto)
Why a European policy?
► Transborder
pollution (subsidiarity)
► Harmonization of environmental standards
(internal market)
► European Commission and EP increasing
activism
► Member states pushers
► Growing public opinion awareness (Green
groups and parties)
However…
The state of the European environment still is
a source of growing concern:
► Implementation
(normative) gap
► Integration gap (EPI),
► New Challenges (enlargement, Kyoto)
An Incremental Process
► The
original sources of EU regulation: art.
100 (harmonization) and 308 ECT (implicit
powers)
► Decision-making: CM by unanimity, with EP and
groups playing a minor role
► 1967: First directive on “classification, labelling
and packaging of dangerous substances”
► 1972: First directive on “car emission standards
caused by diesel engines”
Environmental Action Plans
►
1973-76: polluter pays
 Reduce and prevent pollution
 Protect the environment and improve quality of life
 Support for international initiatives
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1977-81: strengthening control on implementation
1982-86: shift from control to prevention; impact
assessment, integration of environmental policy
considerations in other fields
1987-92: from regulation to economic instruments (taxes,
incentives)
1993-2000: Towards sustainable development
2000-2010: The Future is in our Hands…(really?)
External pressures
1970 – US Environmental Agency
► 1972 - UN Conference on the Human Environment
(Stockholm)
► 1973 - 1st EAP (Principle “Polluter Pays”)
► 1984 - Txernobil nuclear accident
► 1987 - UN Brundtland Report
► 1992 – Rio Summit
► 1992 – Vth Environment Action Programme 1992-2000
(“Towards Sustainability”)
► 2002 - Johannesburg Summit
► 2001 – EU SD Strategy
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Internal pressures
1.
Environmental disasters
Seveso dioxins (1976)-“Seveso directive”
on the major-accident hazards of certain
industrial activities (1982)
► Accidental or deliberate Marine Pollution
directive
► Rivers degradation: Rhine pollution
Convention (2000)
► Public opinion awareness: Green
movement and parties
►
Internal Market Pressures
► The
Environment as an economic
imperative (Free Market competition)
► Concern of environmental protection
as a potential threat for market
distortions
► Competitive disadvantage as a result
of “environmental dumping”
► New decision making rules (SEA)
Transboundary pollution
► Air
(acid rain)
► Rivers (Rhin)
► Seas
► Birds
► Hazardous Waste moving across borders
THE CONSTITUTIONALIZATION OF
ENVIRONMENTAL POLICY
► The
Single European Act (1986)
► Maastricht
(1992)
► Amsterdam
(1997)
SINGLE EUROPEAN ACT (1986)
► EP
becomes a Common policy
► Integration of environmental considerations in the
other EC policies
► Improving environmental quality as a legitimate
Comunity objective
 Preserve, protect and improve the quality of the
environment
 Protecting human health
 Ensure a prudent and rational use of nat. Resources
SEA
► QM
voting for environmental decisions
necessary for the completion of the Internal
Market (art.100)
► After
a Community harmonisation measure
has been adopted, Member States may:
 Maintain existing national provisions to protect
the environment
 Introduce new national provisions to protect it
THE TREATY OF MAATRICHT (1992)
► The
Rio Summit
► “Sustainable growth” as one main objective of the
EU (art. 2)
► The Environment is a full common policy
► Includes the precautionary principle (art. 130)
► Penalty payment for non-compliance (171)
► QM voting and co-decision procedure with
exceptions (tax policy, territoirial setting, energy)
► Cohesion Fund for Env. infrastructures
THE TREATY OF AMSTERDAM (1997)
Enhances:
► The
importance of SD and environmental
protection
► Subsidiarity (decisions at the lowest level)
► The international role of the EU
SD and Amsterdam
► SD
becomes one of the main objectives of the EU
as important as eco and social progress (art. 2)
► It is one of the Union’s main tasks
► “Environmental protection requirements must be
integrated into the definition and implementation
of Community policies and activities into the other
policies” (art. 6)
► Integration is one one the means of promoting SD
5th Environment Action Program
(1992-2000)-Towards Sustainability
► The
features of sustainability
 to maintain the overall quality of life
 to maintain continuing access to natural
resources
 to avoid lasting environmental damage
 SD meets the needs of the present without
compromising the ability of future generations
to meet their own needs
5th EAP – 2 major principles
1.
The integration of the environmental
dimension in all major policy areas as a key
factor: environmental protection targets can only
be achieved by involving those policy areas
causing env deterioration
2.
Only by replacing the command-and-control
approach with shared responsibility between
the various actors (governments, industry and
the public) can commitment to agreed measures
be achieved
Mid-term assessment (1996)
►5
priority areas
1) improving integration of the envir into other
policies (CAP, transport, energy, industry and
tourism
2) Use of a wider range of instruments (see next)
3) Increased implementation and enforcement
measures by improved and simplified legislation
4) Additional action in the field of communication
and information
5) Reinforcing the global Union’s role
A wider range of policy instruments
 Legislation to set env standards
 Market-based instruments (taxes, incentives,
voluntary agreements and instruments, etc.) to
encourage the production and use of
environmentally friendly products and processes
 Horizontal support measures (EEA, R+D Programs,
public information, education, training
 Sectoral and spatial planning
 Environmental Impact Evaluation
 Financial support (CAP, SF, Cohesion, LIFE,
URBAN, etc)
The preparation of the VIth EAP
► In
July 1998 (30 months after the proposal
was presented by the COM!!) the EP and
the CM agreed in concialition a text on the
Review of the Vth EAP
► The Helsinki European Council (Dec. 1999)
invited the COM to “prepare a long-term
strategy on economic, social and ecological
SD” to be submitted to the Gothemburg
Council (June 2001)
Göthembourg Summit (June 2001)
COM method: consultation paper to generate
discussion and inputs from other EU
institutions and civil society
Compehensive strategies of 9 Councils:
Environment, Transport, Energy, Agriculture,
Industry, Internal Market, Development,
ECOFIN, General Affairs
5 Key approaches to
1)
2)
3)
4)
5)
Ensure the implementation of existing legislation
Integrate env concerns into all relevant policy
areas
Work closely with business and consumers to
identify solutions
Ensure better and more accessible information
for citizens
Develop a more env conscious attitude towards
land use
Environment 2010: Our Future, Our Choice
The 6th EAP 2001-2010
►4
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priority areas
Climate change
Nature and biodiversity
Environment and health
Natural resources and waste
► Approaches
emphazise the need for more
effective implementation and more
innovative solutions
►A
wider constituency must be addressed,
including business who can gain form EP
► The
Program seeks new and innovative
instruments for meeting complex challenges
► Action
must be taken by all at all levels: public
authorities, citizens and business
► Changes in consumption and investment patterns
are needed
► Political leadership is essential (narrow sectoral
interests must not prevail)
► A new integrative approach to policy-making
► A responsible partner in a globalized world:
“leadership through example”
Challenges and implications of SD for
public institutions and citizens
“Without increasing environmental concerns in
the economic sectors and without a
stronger participation and commitment of
citizens and stakeholders, our development
will remain unsustainable” (VI EAP)
A number of implications
1)
2)
3)
4)
5)
6)
7)
8)
9)
Changes in behaviour
Increasing capabilities
Information and communication
Social participation
Conflict management
Integration of policies
Vertical-horizontal coordination
Instruments
Cooperation
EU Environmental Policy Actors
► CM
► COM
► EP
► ECJ
The Council of Ministers
competitive dynamic: negotiation “pushers-laggards”
isolation of environmental ministers from domestic
pressures,
► policy-transfer (ideas, practices),
► package dealing (compromises, i.e. Cohesion Fund)
► awareness about financial-administrative costs (long
deadlines for implementation)
► unawareness (internal pressures, implementation gap)
► short terminisn (governments) vs. strategic non elected
thinkers (Commission)
► expectations of poor compliance (member states
responsible for enforcement)
►
►
The Commission
►A
creative policy-entrepreneur (only 500 officials)
► Key player at the stage of agenda setting and
policy formulation (expertise and consultation
networks)
► A segmented player: DG environment, less
powerful than Industry or Agriculture. Need for
coordination with other DGs concerned.
Coordination with EP committees (Budget,
Regional policy)
► Implementation control deficit