Approximation process in the field of environment – challenges and the state of play Slavitza Dobreva Desk officer European Commission – DG Environment, Unit for Enlargement and Neighbouring Countries 18 September 2007, Brussels

Approximation process – ENV Approximation process – ENV  Harmonisation process with EU ENV acquis entails:  transposition – alignment of national legislation with EU environmental legislation  implementation – alignment of practices and providing the institutions and budgets necessary to implement the laws and regulations  enforcement – ability to sanction non compliance with environmental legislation  Challenges based on the above:  legal  institutional  financial

ENV chapter – legal challenge  heavy number of EU environmental legislation  about 300 legal pieces, including 80 main directives  the way of transposition  directives must be transposed into national legal framework  regulations must be adapted into national legal framework  international agreements, to which Community is a Party, must be ratified by CCs

ENV chapter – legal challenge  Horizontal legislation  EIA, SEA, Access to Info, Public Participation, Env. Liability, Emissions Trading, Ozone Depleting Substances, Espoo, Arhus, UNFCCC and Kyoto Protocol  Air Quality legislation  Framework and 4 Daughters Directives, Fuel Quality, VOCs, NEC, CLRTAP, Gothenburg Protocol  Waste management legislation  WFD, Landfills, Mining Waste, Waste Shipment, Packaging Waste, WEEE, RHS, End-of-life Vehicles, Batteries and Accumulators, Hazardous Waste, Waste Oils, PCB/PCT and Basel Convention

ENV chapter – legal challenge  Water Quality  WFD (Shellfish Water, Fish Water, Surface Water, Groundwater and Dangerous Substances → to be repealed by 2013), Bathing Water, Urban Wastewater and Nitrates  Nature Protection legislation  Habitats and Birds Directives, Zoo's Directive, CITES Regulation, Bonn, Bern and Biological Diversity Conventions  Industrial Pollution and Control legislation  IPPC, LCP, Waste Incineration, Solvents, Seveso Directive, Asbestos, EMAS and Eco-labelling Regulations

ENV chapter – legal challenge  Chemicals  Dangerous Substances, Risk Assessment, Import and Export of Dangerous Chemicals, Biocides and POPs  GMOs  contained use of GMOs, Deliberate Release of GMOs, Labelling and Traceability of GMOs, Transboundary Movement of GMOs, Cartagena Protocol  Noise legislation  Environmental noise Directive

ENV chapter – institutional challenge  EU environmental acquis requires certain procedures  public consultations before investment developments, environmental assessment of investment developments, strategies, programmes, plans, transboundary consultations, etc.  Institutional set-up for implementation  reorganisation of current institutional set-up or creation of new institutions  coordination of institutions responsible for environment  administrative capacity will need to be re-enforced – new staff to be hired and trainings will be needed  Institutional set-up for enforcement  inspectorates and inspections will need to be re-enforced

ENV chapter – financial challenge  High costs for compliance  WFD, UWWTD, Dangerous Substances, Landfills, VOCs, Air Framework Directive, etc.  TPs granted for this reason to all new MSs EU assistance available  twinnings (investment part for strengthening of administrative capacity), environmental investments (UWWTPs, landfills, etc.)  compliance with EU environmental legislation for all new investments Investment Strategy  to be prepared asap  Prioritisation is the key issue

Challenges in the Environment chapter – conclusions  Approximation Strategy  no TPs for framework legislation, internal market legislation, horizontal and nature protection legislation  Investment Strategy  to be prepared asap in order to be able to absorb money available from IPA, IFIs and Cohesion / Structural funds in future  compliance with EU environmental acquis (not only) for all investments  Active involvement in  WGs of EU for implementation of environmental acquis, IMPEL and ECENA  Appropriate use of EU financial assistance  strengthening of administrative capacity and compliance with acquis

Challenges in the Environment chapter – conclusions  Dialogue on approximation process  involvement of academic sector, private sector and civil society (NGOs) is essential  Watchdog role of civil society  constructive dialogue is needed  TPs only for heavy investment directives  on case by case basis and based on implementation plans

Key legislation adopted in  Regulation (EC) 166/2006 on the establishment of EPRTR, amending Directives 91/689/EEC and 96/61/EC – adopted on 18 January 2006  Directive 2006/7/EC on concerning the management of bathing water quality, repealing Directive 76/160/EC – adopted on 15 February 2006  Directive 2006/11/EC on pollution caused by certain dangerous substances – adopted on 15 February 2006  Directive 2006/21/EC on the management of waste from extractive industries, amending Directive 2004/35/EC – adopted on 15 March 2006  Directive 2006/12/EC on waste, repealing 75/442/EEC – adopted on 5 April 2006  Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators, repealing Directive 91/157/EEC – adopted on 6 September 2006  Directive 2006/113/EC on the quality of shellfish waters – adopted on 12 December 2006

Key legislation adopted in 2006 – 2007 cont.  Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC – adopted on 18 December 2006  Directive 2006/121/EC amending Council Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances in order to adapt it to REACH Regulation – adopted on 18 December 2006  Directive 2007/2/EC establishing an Infrastructure for Spatial Information in the European Community (INSPIRE)

Environment Policy: Thematic strategies  Clean Air for Europe  Protect and conserve the marine environment  Soil protection  Sustainable use of pesticides  Waste prevention and recycling  Sustainable use of natural resources  Urban environment

Thematic Strategies – state of play  Air Pollution – adopted 21 September 2005 ­ by 2020 cut the annual number of premature deaths from air pollution-related diseases by almost 40% from the 2000 level ­ substantially reduce the area of forests and other ecosystems suffering damage from airborne pollutants ­ special attention to fine dust and ground-level ozone pollution ­ to start regulating fine airborne particulates – PM2.5 ­ to streamline air quality legislation by merging existing legal instruments into a single Ambient Air Quality Directive Protection and Conservation of the Marine Environment – adopted 24 October 2005 ­ aims to achieve good environmental status of the EU's marine waters by 2021 and to protect the resource base upon which marine-related economic and social activities depend. ­ it will constitute the environmental pillar of the future maritime policy the European Commission is working on, designed to achieve the full economic potential of oceans and seas in harmony with the marine environment ­ Marine Strategy Directive will establish European Marine Regions on the basis of geographical and environmental criteria

Thematic Strategies – state of play  Sustainable Use of Natural Resources – adopted 21 December 2005 ­ more sustainable use of natural resources ­ the objective is to reduce environmental impacts associated with resource use in Europe and globally in a growing economy ­ the strategy is focusing on improving knowledge, developing monitoring tools and fostering strategic approaches in specific economic sectors, Member States and internationally Prevention and Recycling of Waste – adopted 21 December 2005 ­ aims to help Europe become a recycling society that seeks to avoid waste and uses waste as a resource ­ revision of the Waste Framework Directive to set recycling standards and to include an obligation for Member States to develop national waste prevention programmes. This revision will also merge, streamline and clarify legislation.

Thematic Strategies – state of play  Urban Environment – adopted 11 January 2006 ­ to help Member States and regional and local authorities improve the environmental performance of Europe’s cities ­ to facilitate better implementation of EU environmental policies and legislation at the local level through exchange of experience and good practice between Europe’s local authorities Sustainable Use of Pesticides – adopted on 12 July 2006 ­ aims at improving the way pesticides are used across the EU ­ complements existing EU legislation controlling which pesticides can actually be placed on the market ­ foresees measures such as national action plans, training for professional users and distributors, certification and control of application equipment, protection of the aquatic environment, and restricting or banning the use of pesticides in specific areas ­ The legislative gap regarding the use-phase of pesticides should be filled in with a Directive on sustainable use of pesticides Soil – adopted on 22 September 2006 ­ sets a common EU framework for action to preserve, protect and restore soil ­ Member States must take action to tackle threats such as landslides, contamination, soil erosion, the loss of soil organic matter, compaction, salinisation and sealing wherever they occur, or threaten to occur, on their national territories ­ A framework Directive will set out common principles for protecting soils across the EU.

Legal enforcement aspects Legal enforcement aspects  Almost 22% of all infringements of the Commission in 2006 concerned environment  Of open cases, end 2006: –36 % nature protection –17 % waste –14 % environmental impact assessment –15 % water –13 % air – 5 % others

Final Remarks  Challenges similar to those of the previous enlargement  Environmental policy and legislation are moving targets  Funding presently - CARDS and Phare (expiring), IPA

Thank you for your attention