One Planet network Regulatory instruments for SCP Webinar series #4 Facilitating exchange of experiences and promoting collaboration 18th April 2019

Agenda Introduction: regulatory instruments in the SCP policy mix, 10YFP Secretariat Regulatory instruments in French SCP policies, Sylvain Chevassus, Ministry for ecological and solidary transition, 10YFP NFP Latvia’s Regulation on Green Public Procurement, Uģis Zanders, Senior expert, Coordination department, Ministry of Environmental Protection and Regional Development of the Republic of Latvia, 10YFP NFP Interactive discussion

Regulatory instruments in the SCP policy mix

SCP policy mix Achieving the shift to SCP requires innovative policy mixes (the combination of various instruments and approaches) that also cut across institutional boundaries. The combination of policies that do not have competing impacts on each other but work together towards the policy objectives Policy instruments are very diverse: from the national plans and strategies adopted to support the shift to SCP to the means – methodologies, measures or interventions –used to achieve the objectives set in such plans and strategies. The combined impact of a set of instruments can be placed along a gradient, ranging from pollution-control, eco-efficiency, green consumerism, etc.

Main categories of policy instruments Legal or regulatory instruments: governed by a legal structure and a system of sanctions (legally binding) Laws, regulations, standards, prescriptions or prohibitions, where the highest level of compliance is expected. Economic or fiscal instruments: include economic incentives and disincentives which aim at bringing about an intended behavior or outcome (potentially legally binding). Grants, subsidies, taxes, deposit-refund system, tradable pollution permits, etc. Voluntary or information-based instrument: measures or initiatives aimed at influencing individuals and organizations indirectly by means of information, awareness raising, setting of moral standards or codes of conducts. Voluntary agreement, product labeling, award schemes, etc.

Regulatory instruments “Hard” legally binding rules / “command and control” approaches Various functions Address activities with serious risks of impacts for the environment and society. May be the only option where there is no scope for softer self-regulatory actions or when such approaches have failed Provide clarity on the rules and requirements, stable and standardized conditions of operations In the context of economic regulation: prevent excessive or unfair competition, protect consumers, maintain quality and other standards (ethical) Challenges Enforcement (requires capacity, resources and knowledge), standardization and lack of flexibility.

Example at international level The Minamata Convention on Mercury (entered into force in 2017) Objective: protect human health and the environment from anthropogenic emissions and releases of mercury and mercury compounds Measures to control the supply and trade of mercury Control mercury-added products and manufacturing processes in which mercury is used Control artisanal and small scale gold mining Linked to other legally binding instruments (Basel, Rotterdam and Stockholm Conventions): a comprehensive global regime for the sound management of chemicals and hazardous waste, a key component to sustainable consumption and production practices. Also promotes capacity-building, knowledge sharing, education, etc. (policy mix)

Example of ‘policy mix’ Abu Dhabi Pearl Rating System for sustainable building Green building rating system developed by the Abu Dhabi Urban Planning Council as part of their sustainable development initiative, Estidama The pearl rating system is divided into Buildings, villa, and community. Each with the scale of 1 to 5 pearl. A comprehensive scheme that covers not only individual buildings but also whole communities. Combines regulation, voluntary efforts, and public procurement. The lowest level of the system – a One Pearl Rating – is linked with the mandatory building code, while public procurement requests compliance with a higher Two Pearl level of performance. To implement the rating system, the government has made significant investments in capacity and institution building, especially to train auditors and establishing a credible examination and certification system.

SDG 12.1 pilot reporting 71 countries + EU reporting in 2017/2018 Source: Pilot reporting on SDG 12.1.1 featured in One Planet Network mid-term magazine Five Years In: The One Planet Network 2012-2017 page 26 - 27

303 reported policies and instruments Most of what was reported was under implementation (75%) Reported instruments are more often categorized as regulatory in Sub-Saharan Africa (68%), Latin America and the Caribbean (60%) and Asia Pacific (50%), although the extent to which those instruments are being used to actually change the legal environment of consumption and production patterns may vary.

Next Reporting Cycle Q4 2019 – Q1 2020 Reporting mechanism Online Reporting (platform being build) Reporting responsibility 10YFP National Focal Points Reporting coordination by NFP Gather inputs from other ministries working on SCP