1 EU Environmental Policy

2   Treaty of Rome 1957 (Art. 100) – –European Economic Community (EEC)   Single European Act 1981 (Arts.130r, 130s, 130t,100a) – –Environmental protection part of European Community (EC) policy   Maastricht Treaty 1992 – –European Union (EU) – –Precautionary principle – –qualified majority voting   Treaty of Amsterdam 1997 – –Principle of sustainable development – –Integrate environmental consideration in other issue areas – –Extents authority of EU Parliament in environmental policy

3 European Institutions  European Commission (DG Environment) –Administration; proposals; research  Council of the European Union (formerly: Council of Ministers) –Main decision-making body  European Parliament –Co-decision  European Court of Justice (ECJ) –enforcement

4 EU Environmental Policy: Instruments   Regulations: Take effect on date specified in them or 20 days after official publication Regulation (3528/86): Protection of Forests Against Atmospheric Pollution Regulation on the evaluation and control of the risks of existing substances (1993)   Directive: Have to be transposed in national laws (usually within 2 years) -Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community -Large Combustion Plant Directive (1988, 2001) -DIRECTIVE 2001/81/EC on national emission ceilings for certain atmospheric pollutants   Subcidiarity principle – actions are taken at the EU level only if they cannot be undertaken more efficiently at the local level

5 Expanding the EU Environmental Mandate   Market integration drives policy integration – –Trade and environment conflicts   barriers to the functioning of the common internal market;   transaction cost considerations   ECJ rulings as focal points for new regulations – –Examples   Chemical safety policies (US lead, the EC followed because of trade interests)   Danish beer bottle case – –Danish ban on cans, require reusable bottles – –ECJ 1988 ruled trade restriction on environmental grounds are justified provided they do not discriminate unfairly; – –Directives on beverage containers and on packaging and waste   Most of the environmental “acquis” related to the common market

6 Expanding the EU Environmental Mandate   Environmental concern and leadership – –Role of environmental leaders (Germany, Netherlands, Sweden, Denmark, Austria, Finland, UK more recently) – –The 1997 “green accession” of Sweden, Denmark, Austria, Finland – –European Commission as agenda setter – –Advocacy organizations (ex: Friends of the Earth Europe)   Environmental Impact Assessment Directive – –EU business   Well organized at the European Union levels   Influences negotiations both through governments as well as through the Commission

7 Expanding the EU Environmental Mandate   “Exporting” domestic regulations by lead countries – –Domestic regulations provide incentive to harmonize at EU level (avoid competitive disadvantage, promote domestic regulatory style and technology – –Large Combustion Plant Directive (LCPD 1988; 2001) – Germany interested to control acidification -> push for EC policy - -Directive adopted in 1988; - -Command and control (German Approach) - -Technology based standards - -Same dynamic repeated after the “green expansion of the EU” in Amended, stricter directive LCPD in 2001 (negotiated over 4 years) - -Directive on national ceilings on acidifying emissions (1999) Denmark tried exporting “eco tax” on fuels, but proposal failed.

8 Large Combustion Plant Directive (1988) Emissions Limits Thermal capacity (MW) SO2 (Mg/Nm 3 ) Desulfurization rate (%) NOx (Mg/Nm 3) Dust (Mg/N m 3 ) 1. Solid fuels ( MW) ( MW) > Liquid fuels linear decrease > Gaseous fuels Gaseous fuels in general Liquefied gas5 3.3 Low calorific gases 800 Source: European Council 1988, Directive 88/609/EEC, Annex III-VIII

9 Areas of EU Environmental Policy   General   Air   Water   Waste   Chemicals   Biodiversity   Biotechnology   Noise   Industrial risk   Integrated pollution control   Eco-labeling and audits   Climate   Over 400 pieces of legislation altogether

10 Why No Race to the Bottom?

11 Implementation of EU Environmental Policy  Mechanisms of “enforcement” –“Police control” by the European Commission – monitoring of compliance –ECJ referrals and ruling –“Fire alarms” – complaints to the European Commission; cases for non- compliance with EU law can be raised at national courts  Mechanisms of environment “management” or norm and policy diffusion –Capacity building (twinning) –Information and shaming –Subsidization of environmental infrastructure –More flexibility

12 Paths to Compliance J. Tallberg 2002

13 Environment: Challenge for EU Accession of Central and East European Countries   Unequal economic development   Structural reforms and unemployment   Weak administrative capacity   High cost of environmental regulations (est. EUR 120 bn over 10 years)   “Environment one of most difficult areas for accession negotiations” (European Commission 1997)

14 The Puzzle of Environmental Compliance in Central and Eastern Europe   All closed environment negotiations   Limited transition periods for implementation   Is this a case of “paper compliance”?

15 The Czech Republic: Air Emissions,

16 Poland: Air Emissions,

17 Income and Acidifying Emissions in Central and Eastern Europe