Project ETIV

1
Project ETIV EMAS TECHNICAL IMPLEMENTATION AND
VERIFICATION Prepared by
2
This project has been funded with support from
the European Commission. This publication
reflects the views only of the author, and the
Commission cannot be held responsible for any use
which may be made of the information contained
therein.
3
National and European Regulation

• Introduction
• CHAPTER 1.
• Evolution of EU environmental policy from
  Rome Treaty to recently

4
National and European Regulation

• A strategy for integrating the environment into
  EU policies the Cardiff process
• The Lisbon Strategy
• Sustainable development
• Agenda 2000

5
National and European Regulation

• CHAPTER 2.
• Environmental Action programmes
• CHAPTER 3.
• Principles of EU environmental policy

6
National and European Regulation

• CHAPTER 4.
• Instruments of European environmental policy
• Relevant monitoring and control bodies in the
  European Union concerning the environment

7
National and European Regulation

• CHAPTER 5.
• Relevant environmental agreements
• CHAPTER 6.
• Situation of national environmental legislation
  of the 10 newcomers of the EU

8
National and European Regulation

• CHAPTER 7.
• EU legislation on environmental themes
• EU Policy on Water Protection
• Implementation of legislation on waste
• Assessment and management of environmental noise

9
National and European Regulation

• Energy policy in the EU
• Strategy for soil protection
• Sustainable agriculture
• EU policy on Air
• Integrated pollution prevention and control
• Community eco-management and audit scheme
• Environmental impact assessment

10
Introduction

• Six environmental action programmes from 1972
• 300 pieces of legislation
• Treaty of Amsterdam
• Single European Act 1987
• Vienna European Council 1998
• Maastricht Treaty 1992

11
CHAPTER 1.

• Evolution of EU environmenal policy
• from Rome Treaty to recently

12
Treaty of Rome (1958)

• From the early 1960s the Community
• adopted environmental legislation under
• Article 100 and
• Article 235

13
Single European Act

• introduced specific provisions dealing with the
  environment
• gave solid legal basis to European environmental
  policy

14
Single European Act

• objectives in relation to the environment
• preservation, protection, and improvement of the
  quality of the environment
• contribute towards protection of human health
• ensure a prudent and rational usage of natural
  resources.

15
Single European Act

• environmental action must be based on
• prevention of harm
• control of pollution at source
• polluter should pay
• the integration of the environment into other EU
  policies

16
Maastricht Treaty

• Stipulates that environmental protection
  requirements must be integrated into the
  definition and implementation of other Community
  policies
• Builds on the changes introduced by the Single
  European Act

17
Maastricht Treaty

• environmental protection measures can be adopted
  by a qualified majority of the Council of
  Ministers (instead of by unanimous decision)
• introduces the precautionary principle

18
The Cardiff process

• Horizontal approach
• Integration of the environment into other Eu
  policies

19
The Lisbon Strategy

• economic, social and environmental renewal in the
  EU
• 10-year strategy
• sustainable development
• social inclusion

20
Spring meetings

• co-ordination and evaluation of success of the
  Lisbon strategy
• annual synthesis reports evaluating progress
  towards achieving the Lisbon goals
• Spring Reports

21
The Lisbon Strategy

• Climate change
• Transport
• Public health
• Natural resources

22
Sustainable development

• Goethenborg European Council, 2001
• long-term vision
• combining a dynamic economy with social cohesion
  and high environmental standards
• policy coordination and integration
• globalisation of acts

23
Sustainable development

• http//europa.eu.int/comm/sustainable/docs/strate
  gy_en.pdfhttp//europa.eu.int/comm/sustainable/in
  dex_en.htm

24
Agenda 2000

• 26 March 1999
• streghtens the Community Policies (CAP and
  Structural policy)
• preparing enlargement
• gives a new financial framework for the period
  2000- 2006

25
Reform of the CAP

• Focusing on Environmental aspects
• reduce price support
• rural development programme
• reform of the Cohesion Policy
• systematic scrutiny

26
Reform of the CAP

• degraded environment
• the integration of the environment in the
  framework of new Structural Funds regulations
• regional development plans
• partnership involving environmental bodies

27
Agenda 2000

• http//europa.eu.int/comm/agenda2000/index_en.htm

28
CHAPTER 2.

• Environmental Action programmes
• 1st EAP 1973-1976
• 2nd EAP 1977-1981
• 3rd EAP 1982-1986
• 4th EAP 1987-1992
• 5th EAP 1993-2000
• 6th EAP 2001-2010

29
First EAP

• Principles of the 1st EAP
• the importance of prevention
• polluter pays principle
• member states should neither cause transboundary
  problems nor create problems for the economic
  development of Third World Countries

30
First EAP

• stand still principle
• the importance of public administration
• Determination of the level of action
• ( local, regional, national Community)
• Community policy should be based on a long term
  strategy

31
Second EAP

• Principles
• Prevention
• Environmnetal consideration in the earliest stage
  of decision-making
• Damage to nature must be avoided
• Scientific resarch in favour of environment

32
Second EAP

• Polluter pays principle
• Cause no environmental affects to other member
  stetes
• Take into account the interest of developing
  countries in decision making
• Promote environmental protection through
  international organisations

33
Second EAP

• The importance of environmental education
• Subsidiarity principle
• National environmental programmes should be
  co-ordinated on the basis of a common long-term
  concept

34
Third EAP

• Widened the concept of pollution prevention
• Land use planning
• Integration of environmental concerns into other
  EC policies
• Develop overall environmental strategy

35
Fourth EAP

• effective implementation of existing Community
  legislation
• regulation of all environmental impacts of
  substances and sources of pollution

36
Fourth EAP

• Increased access to and dissemination of
  information
• Job creation

37
Fifth EAP

• Sustainable development
• Measures to curb environmental degradation
• Targets five sectors
• Environmental policy will rest on four main sets
  of instruments

38
Sixth EAP

• climate change and global warming
• natural habitat and wildlife
• environment and health
• natural resources and waste

39
CHAPTER 3.  

• Principles of EU environmental policy

40
The Polluter Pays Principle

• Industry should pay the true costs of its
  methods of production is necessary

41
Principle of prevention

• Action to be taken to protect the environment at
  an early stage

42
The proximity principle

• The best place to deal with something is as
  close to that something as possible

43
Precautionary Principle

• It is better to be safe than sorry.

44
High Level of Protection Principle

• High level of protection must be integrated into
  all the European Union's policies and action

45
The integration principle

• Environmental objectives must be integrated in
  other policy sectors

46
CHAPTER 4.

• Instruments of European environmental policy

47
Main sets of instruments

• Legislative instruments
• Market-based instruments
• Supporting instruments (tecnical instruments)
• Financial support mechanisms

48
1. European environmental legislation

• Primary legislation
• Secondary legislation
• Case law

49
Forms of Community law

• Regulations (are binding andvdirectly applicable)
  
• Directives (are binding member states to the
  objectives and result to be must be transposed by
  each member state into their own national
  legislation)
• Decisions (are binding and addressed to and do
  not require transposition)
• Recommendations and Opinions (not binding)

50
Other tools of legislation

• green papers
• white paper
• http//europa.eu.int/eur-lex/en/about/pap/index.ht
  ml.
• http//europa.eu.int/comm/off/green/index_en.htm.
  
• http//europa.eu.int/comm/off/white/index_en.htm

51
2. Market based instruments

• Environmental leavies
• Tradable emission permits
• Deposit-refund systems
• Enforcement incentives
• Financial aid
• Industry agreements
• Environmental liability

52
Market based instruments (MBIs)

• During the 4 th EAP
• Deposit-refund system
• Eco-label
• Eco-taxes
• Eco-audit
• Liability

53
Target sectors for the use of MBIs

• Industry
• Energy
• Transport
• Agriculture
• Tourism

54
3. Technical Instruments

• provide support to the environmental legislative
  framework
• measures to assist with the overall aims of the
  Commissions environmental policy

55
Technical Instruments

• Eco-labelling
• EMAS Environmental management and auditing
  scheme
• EIA Environmnetal Impact Assessment

56
4. Financial support Instrument

• LIFE programme (LInstrument Financière pour
  lEnvironnement)
• Established in 1992
• financial support for the development,
  implementation and updating of Community
  environment policy and environmental legislation

57
LIFE ProgrammeLife-natureLife-environmentLife-
third countrieshttp//europa.eu.int/comm/environ
ment/life/
58
Monitoring and control bodies

• European Environmental Agency (EEA)
• Environment Information and Observation Network
• Environmental Protection Agency

59
CHAPTER 5.

• Relevant environmental agreements

60
Antarctic Treaty

• to ensure that Antarctica is used for peaceful
  purposes only (such as international cooperation
  in scientific research)
• to defer the question of territorial claims
  asserted by some nations and not recognized by
  others
• to provide an international forum for management
  of the region
• applies to land and ice shelves south of 60
  degrees South latitude

61
Basel Convention on hazardous wastes

• to reduce transboundary movements of wastes
  subject to the Convention to a minimum consistent
  with the environmentally sound and efficient
  management of such wastes
• to minimize the amount and toxicity of wastes
  generated and ensure their environmentally sound
  management as closely as possible to the source
  of generation
• and to assist LDCs in environmentally sound
  management of the hazardous and other wastes they
  generate

62
Convention for the Conservation of Antarctic
Seals

• to promote and achieve the protection,
• scientific study,
• rational use of Antarctic seals,
• to maintain a satisfactory balance within the
  ecological system of Antarctica

63
Convention on Biological Diversity

• to develop national strategies for the
  conservation and sustainable use of biological
  diversity

64
Marine Life Conservation

• to solve through international cooperation the
  problems involved in the conservation of living
  resources of the high seas, considering that
  because of the development of modern technology
  some of these resources are in danger of being
  overexploited

65
Convention on Long-Range Transboundary Air
Pollution (LRTAP)

• to protect the human environment against air
  pollution,
• to gradually reduce and prevent air pollution,
  including long-range transboundary air pollution

66
Convention on the Conservation of Antarctic
Marine Living Resources

• to safeguard the environment and protect the
  integrity of the ecosystem of the seas
  surrounding Antarctica,
• to conserve Antarctic marine living resources

67
Convention on the International Trade in
Endangered Species of Wild Flora and Fauna
(CITES)

• to protect certain endangered species from
  overexploitation by means of a system of
  import/export permits

68
Convention on the Prevention of Marine Pollution
by Dumping Wastes and Other Matter (London
Convention)

• to control pollution of the sea by dumping and to
  encourage regional agreements supplementary to
  the Convention

69
Environmental Modification

• to prohibit the military or other hostile use of
  environmental modification techniques in order to
  further world peace and trust among nations

70
Ramsar Convention

• to stem the progressive encroachment on and loss
  of wetlands now and in the future,
• recognizing the fundamental ecological functions
  of wetlands and their economic, cultural,
  scientific, and recreational value

71
International Convention for the Regulation of
Whaling

• to protect all species of whales from
  overhunting
• to establish a system of international regulation
  for the whale fisheries to ensure proper
  conservation and development of whale stocks
• to safeguard for future generations the great
  natural resources represented by whale stocks

72
Tropical Timber 83

• to provide an effective framework for cooperation
  between tropical timber producers and consumers
• to encourage the development of national policies
  aimed at sustainable utilization
• conservation of tropical forests and their
  genetic resources

73
Tropical Timber 94

• to ensure that by the year 2000 exports of
  tropical timber originate from sustainably
  managed sources
• to establish a fund to assist tropical timber
  producers in obtaining the resources necessary to
  reach this objective

74
Climate Change-Kyoto Protocol

• to further reduce greenhouse gas emissions by
  enhancing the national programs of developed
  countries aimed at this goal and by establishing
  percentage reduction targets for the developed
  countries

75
Montreal Protocol on Substances That Deplete the
Ozone Layer

• to protect the ozone layer by controlling
  emissions of substances that deplete it

76
Ship Pollution, 1973 (MARPOL)

• to preserve the marine environment through the
  complete elimination of pollution by oil and
  other harmful substances
• the minimization of accidental discharge of such
  substances

77
Protocol on Environmental Protection to the
Antarctic Treaty

• to provide for comprehensive protection of the
  Antarctic environment and dependent and
  associated ecosystems
• applies to the area covered by the Antarctic
  Treaty

78
Air Pollution-Nitrogen Oxides

• to provide for the control or reduction of
  nitrogen oxides and their transboundary fluxes

79
Air Pollution-Volatile Organic Compounds

• to provide for the control and reduction of
  emissions of volatile organic compounds in order
  to reduce their transboundary fluxes so as to
  protect human health and the environment from
  adverse effects

80
Air Pollution-Sulfur 94

• to provide for a further reduction in sulfur
  emissions or transboundary fluxes

81
Pollution-Persistent Organic Pollutants

• to provide for the control and reduction of
  emissions of persistent organic pollutants in
  order to reduce their transboundary fluxes so as
  to protect human health and the environment from
  adverse effects

82
Air Pollution-Sulfur 85

• to provide for a 30 reduction in sulfur
  emissions or transboundary fluxes by 1993

83
Nuclear Test Ban

• to obtain an agreement on general and complete
  disarmament under strict international control in
  accordance with the objectives of the United
  Nations
• to put an end to the armaments race and eliminate
  incentives for the production and testing of all
  kinds of weapons, including nuclear weapons

84
Law of the Sea

• to set up a comprehensive new legal regime for
  the sea and oceans to include rules concerning
  environmental standards as well as enforcement
  provisions dealing with pollution of the marine
  environment

85
United Nations Convention on Desertification

• to combat desertification and mitigate the
  effects of drought through national action
  programs that incorporate long-term strategies
  supported by international cooperation and
  partnership arrangements

86
Convention on Climate Change

• to achieve stabilization of greenhouse gas
  concentrations in the atmosphere at a low enough
  level to prevent dangerous anthropogenic
  interference with the climate system

87
CHAPTER 6. 

• Situation of national environmental legislation
  of the 10 newcomers of the EU

88
COMMUNITY ACQUIS

• 300 legal instruments covering a wide range of
  fields
• Member States must ensure that an environmental
  impact assessment is carried out before approving
  certain public and private-sector development
  projects

89
10 newcomers of the EU

• Cyprus
• Estonia
• Hungary
• Latvia
• Lithuania
• Malta
• Poland

• The Czech Republic
• Slovakia
• Slovenia

90
Reported themes of accession

• Air quality
• Waste
• Water quality
• Nature conservation
• Industrial pollution, risk management

• Chemicals
• GMOs
• Nuclear safety
• Noise emission
• Horizontal legislation
• Administrative capacity

91
The White Paper on the preparation of the
associated countries

• product-related legislation

92
Situation of national environmental legislation
of the 10 newcomers of the EU

• http//europa.eu.int/scadplus/leg/en/lvb/e15111.h
  tm
• http//europa.eu.int/scadplus/leg/en/lvb/e15102.h
  tm
• http//europa.eu.int/scadplus/leg/en/lvb/e15103.h
  tm
• http//europa.eu.int/scadplus/leg/en/lvb/e15104.h
  tm http//europa.eu.int/scadplus/leg/en/lvb/e15105
  .htm http//europa.eu.int/scadplus/leg/en/lvb/e151
  12.htm http//europa.eu.int/scadplus/leg/en/lvb/e1
  5106.htm http//europa.eu.int/scadplus/leg/en/lvb/
  e15107.htm http//europa.eu.int/scadplus/leg/en/lv
  b/e15109.htm http//europa.eu.int/scadplus/leg/en/
  lvb/e15110.htm

93
Useful links
http//www.am.lt/EN/VI/rubric.php3?rubric_id123 h
ttp//www.cedar.at/sitemap.htm http//www.eea.eu.i
nt// Ministries http//www.geocities.com/gildersm
/othergov.html EU law http//www.law.du.edu/natur
alresources/countries.htm EU environmental
legislation http//www.europa.eu.int/scadplus/leg
/en/s15000.htm
94
Useful links

• Denmark http//www.mem.dk/english/publeng.htm
• Slovakia http//www.rec.org/REC/Publications/EUla
  w/FeeBased/Slovakia2.html
• Portugal http//www.law.du.edu/naturalresources/I
  ndividual20Countries/Portugal.htm
• Austria http//www.umweltbundesamt.at/
• Belgium http//www.ibgebim.be/english/contenu/inde
  x.asp?flashno, http//www.ibgebim.be/english/cont
  enu/index.asp?flashno
• Iceland http//eng.umhverfisraduneyti.is/
• Italy http//www.istat.it/English/Environmen/ind
  ex.htm
• Lithuania http//www.lonelyplanet.com/destination
  s/europe/latvia/environment.htm,
  http//www.varam.gov.lv/Esakums.htm
• Luxemburg http//www.istat.it/English/Environme
  n/index.htm, http//www.environnement.public.lu/
• Portugalhttp//natport.eionet.eu.int/Channels/cou
  ntry_links/Ministry_of_Environment,_Portugal
• Estonia http//www.envir.ee/eng/
• Greece http//www.minenv.gr/4/41/e4100.html
• Cyprus http//www.cyprus.gov.cy/cyphome/govhome.n
  sf/Main?OpenFrameSet
• Malta http//www.gov.mt/frame.asp?l1urlhttp//
  www.doi.gov.mt/en/ministries_and_departments/defau
  lt.asp

95
Useful links

• Spain http//www.mma.es/en/index.htm
• Norway http//odin.dep.no/md/engelsk/regelverk/b
  n.html
• Latvia http//www.varam.gov.lv/varam/Elikumd.htm
  
• Finland http//www.ymparisto.fi/default.asp?cont
  entid53075lanEN
• Sweden http//www.sweden.gov.se/sb/d/2023/a/25800
  jsessionidaN6RS8v703hc
• http//www.internat.naturvardsverket.se/
• Hungary http//www.ktm.hu/jogszabalyok2.php?type
  2section_id1
• (only in Hungarian)
• Germany http//www.umweltbundesamt.de/index-e.htm
  
• http//www.bmu.de/en/1024/js/base/?navvorwen
• Czech Republic http//www.env.cz/www/zamest.nsf/d
  efc72941c223d62c12564b30064fdcc/cdc577a3849f7573c1
  256aaf00262338?OpenDocument
• Poland http//www.mos.gov.pl/mos/akty-p/index_en
  g.htm
• Slovenia http//www.gov.si/mop/en/index.htm
• The Netherlands http//www.minvrom.nl/internation
  al
• England http//www.defra.gov.uk/corporate/regula
  t/regulat.asp
• http//www.environment-agency.gov.uk/
• http//www.detr.gov.uk/
• http//www.cefas.co.uk/homepage.htm
•  

96
CHAPTER 7.

• EU legislation on environmental themes

97
Environmental themes

• Water
• Waste
• Noise
• Soil
• Agriculture
• Energy
• Air

• Industry (IPPC, EPER)
• EMAS
• EIA

98
EU Policy on Water Protection

• Two different approaches to tackle water
  pollution
• The Water Quality Objective approach (WQO)
• The Emission Limit Value approach (ELV)

99
EU Policy on Water Protection

• European Water Policy,
• Operative tool the Water Framework Directive

100
Main objectives of the water framework directive

• expanding the scope of water protection
• achieving "good status" for all waters
• water management based on river basins
• getting the prices for water right
• public participation
• streamlining legislation

101
Legislations conserning water

• Water Quality Objective oriented legislations
• Emission-Control oriented legislations
• Monitoring and Reporting related legislations

102
Legislation on waste

• Directive 75/442/EEC on waste,
• Directive 91/689/EEC on hazardous waste,
• Directive 75/439/EEC on waste oils,
• Directive 86/278/EEC on sewage sludge and
• Directive 94/62/EC on packaging and packaging
  waste, for the period 1998-2000

103
Hierarchy of principles regarding waste
(75/442/EEC)

• prevention,
• recycling,
• energy recovery,
• safe disposal

104
EU legislation on waste

• Waste management plans
• Waste statistics
• Waste reisters
• Monitoring authorities of waste management

105
EU legislation on noise

• Directive 2002/49/EC
• Assessment and management of environmental noise
  i

106
Noise indicators

• Lden
• Lnight
• Staregic noise maps
• Action plans on noise

107
Action against noise Green paper

• maximum noise levels
• Noise abatement programme

108
Action against noise

• A new framework for noise policy
• Reducing emissions at source
• Road traffic
• Rail traffic
• Aircraft
• Machinery

109
Soil potection

• Towards a Thematic Strategy for Soil Protection
  (2002)
• Soil the top layer of the earth's crust, formed
  by mineral particles, organic matter, water, air
  and living organisms

110
Functions of soil

• producing food,
• storing, filtering and transforming minerals,
  water, organic matter, gases, etc.,
• providing raw materials,
• being the platform for human activity

111
Threats to soil

• erosion,
• decline in organic matter,
• soil contamination,
• soil sealing,
• soil compaction,
• decline in soil biodiversity, salinisation and
  floods and landslides

112
Soil monitoring

• Community information and monitoring system for
  soil threats

113
Sustainable agriculture

• Directions towards sustainable agriculture

114
Towards sustainable agriculture

• Agenda 2000 (reform of CAP)
• Vienna European Council
• Cardiff European Council
• Treaty of Amsterdam
• 5th EAP
• Rio summit
• SEA

115
EU policy on energy

• General principles and programmes
• Coal
• Electricity
• Nuclear energy
• Oil and gas
• Other sources of energy

116
Energy

• 2001 directive on renewable energy in the
  internal electricity market
• Directive 2001/80/EC to limit air pollutants
  produced from large combustion plants
• http//www.eia.doe.gov/emeu/cabs/euro.html

117
Main principles of European energy policy

• 1) security of supply
• 2) completion of the internal market
• 3) environmental responsibility and
• 4) promotion of renewable energy and demand
  management.

118
EU policy on air

• Clean Air For Europe programme (CAFE)
• Thematic Strategy on air quality
• Long-Range Transboundary Air Pollution Convention
  (LRTAP)

119
Integrated pollution prevention and control

• Council Directive 96/61/EC IPPC Directive
• procedure for applying for, issuing and updating
  operating permits
• minimum requirements to be included in any such
  permit

120
European Pollutant Emission Register (EPER )

• Decision 2000/479/EC
• Aarhus Convention

121
IPPC

• Decision 1999/391/EC questionnaire
• Directive 2003/87/EC establishing a scheme for
  greenhouse gas emission allowance
• Directive 2003/35/EC public participation

122
Community eco-management and audit scheme (EMAS)

• Regulation 761/2001/EEC
• to promote improvements in the environmental
  performance of organisations in all sectors

123
Environmental Impact Assessment (EIA)

• Directive 85/337/EEC
• a systematic procedure to assess the potential
  environmental damage which might be caused by
  individual projects and plans and includes the
  stipulation that the public must be involved
• supplementary Directive 97/11/EC

124
Assessment of the effects of plans and programmes
on the environment

• Directive 2001/42/EC
• Helps to integrate the environment into the
  preparation and adoption of plans and programmes
  liable to have significant effects on the
  environment, by subjecting them to an
  environmental assessment.