1. 1 EU Environmental Policy

2. 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. 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. 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. 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. 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. 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 1997 - -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. 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 fuels50-1002000650100 100-5002000-40040 (100-167 MW) 40-90 (167-500 MW) 650100 >5004009065050 2. Liquid fuels50-300170045050 300-5001700-400 linear decrease 45050 >50040045050 3. Gaseous fuels3505 3.1 Gaseous fuels in general 35 3.2 Liquefied gas5 3.3 Low calorific gases 800 Source: European Council 1988, Directive 88/609/EEC, Annex III-VIII

9. 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 http://europa.eu.int/comm/environment/policy_en.htm

10. 10 Why No Race to the Bottom?

11. 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. 12 Paths to Compliance J. Tallberg 2002

13. 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. 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. 15 The Czech Republic: Air Emissions, 1990-1997

16. 16 Poland: Air Emissions, 1990-1997

17. 17 Income and Acidifying Emissions in Central and Eastern Europe