2. University of L’Aquila Faculty of Economics Degree Course in Economics and Management of Cultural, Environmental, and Tourist Resources (Academic Year 2005-06) Environmental Law Prof. Gianfranco Tamburelli

3. Gianfranco Tamburelli2 Interdisciplinary Analysis Method for Environmental Problems It is useful and necessary to find out the causes, dynamics, and effects of environmental phenomena which must be controlled or avoided Environmental rules and standards follow the evolution of scientific knowledge

4. Gianfranco Tamburelli3 General Notions Environment –Caldwell: It is a term that everyone understands and no one is able to define The European Commission, in the European Community’s Action Programmes on the Environment, defines the term as: “the combination of elements whose complex inter- relationships make up the settings, the surroundings and the conditions of life of the individual and of society as they are and as they are felt”. (The natural habitat within which man lives and acts)

5. Gianfranco Tamburelli4 General Notions Pollution The introduction by a human agency of substances or forms of energy into the environment in sufficient quantities so as to result in such deleterious effects as harm to living resources, hazards to human health, interference with such primary producing activities as farming and fishing, impairment of the quality of the air, rainfall, other precipitation and natural mists, snowfields, rivers, lakes, oil and sea, the reduction of amenities, and interference with the legitimate uses of the environment or any part or element of it (Goldie). The legal notion of pollution includes two main elements: a) the emission of foreign substances into the environment by man; b) the harmful effects that the emission produces or will produce.

6. Gianfranco Tamburelli5 Environmental Law International Law on Environment and Sustainable Development Sources Historical Evolution Principles EU Environmental Law National Environmental Law

7. Gianfranco Tamburelli6 The different nature of environmental problems and the different levels of action and legal protection Global environmental problems and Pollution of Areas beyond National Jurisdictions “Regional” problems National problems International Law – International organisations on a global level (e.g. UN) International Law on a regional level – European Union (EU) – Euro-Mediterranean Partnership National Law

8. Gianfranco Tamburelli7 International law (jus gentium, law of nations) The system of law regulating the interrelationship of sovereign States and their rights and duties with regard to one another “International Environmental Law” The corpus of international law relevant to environmental issues

9. Gianfranco Tamburelli8 International Law / Sources Principles Customs –Rules of general international law International Treaties –global / regional Sources provided for by agreements Soft Law

10. Gianfranco Tamburelli9 International Law / Sources Principles... by principles we mean some elements which in a given historical period characterise a legal system or one of its sectors, as an expression of the prevalent concepts among the subjects of the System itself. International custom... evidence of a general practice of behaviour accepted as legally binding

11. Gianfranco Tamburelli10 International Law / Trail Smelter Case Principle of international responsibility The Trail Smelter, situated on Canadian territory, operated within the proximity of the US border and severely damaged existing farming on neighbouring US territory through smoke emissions containing sulphur dioxide. Arbitral Tribunal / Ruling (1941): In accordance with the principles of international law as with US law.. no state has the right to make use or allow the use of its own territory in such a way that it causes damage in or to another state’s territory or property. This can be applied when there are serious consequences and the damage is verified in a clear and convincing way.

12. Gianfranco Tamburelli11 International Law / Historical Evolution The Role of the United Nations (UN) General Assembly  International Law Commission Economic and Social Council  Commission on Sustainable Development (CSD) Environmental Programme (UNEP) International Court of Justice

13. Gianfranco Tamburelli12 International Law / Historical Evolution Stockholm Conference on the Human Environment (1972) World Charter for Nature (1982) Brundtland Report: Our Common Future (1987) Rio Conference on Environment and Development (1992) 19th Special Session of the UN General Assembly (1997) Millennium Declaration (2000) Johannesburg World Summit on Sustainable Development (2002)

14. Gianfranco Tamburelli13 The Stockholm Conference The Conference adopted a Declaration of principles for providing world-wide guidance to conservation and improvement of human environment and a World Action Plan for the Human Environment containing 109 recommendations. The Stockholm Declaration on the Human Environment I / To defend and improve the human environment for present and future generations has become an imperative goal for mankind, a goal to be pursued together with, and in harmony with, the established and fundamental goals of peace and world-wide economic and social development.

15. Gianfranco Tamburelli14 International Law / Fundamental Principles Principle of prevention “Prevention must be the Golden Rule for the environment, both for ecological and economic reasons” Prevention is better than a cure EC - First Plan of Action Principle I The best environmental policy is to avoid pollution and other disturbances from the very beginning instead of subsequently fighting their effects

16. Gianfranco Tamburelli15 International law / Principle of international responsibility for environmental damage Declaration on the Human Environment (1972) / Principle 21 States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction. Rio Declaration (1992) / Principle 2 States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies, and the responsibility to ensure …

17. Gianfranco Tamburelli16 Rio Conference on Environment and Development (UNCED) The Rio Declaration on Environment and Development Non-Legally Binding Authoritative Statement of Principles for a Global Consensus on the Management, Conservation and Sustainable Development of All Types of Forests United Nations Framework Convention on Climate Change Convention on Biological Diversity Agenda 21

18. Gianfranco Tamburelli17 International Law - Principle of sustainable development Brundtland Report / Principle 7 States must guarantee that conservation is considered an integral part of the planning and implementation of development activities and provide assistance to other States, above all to developing countries, to support environmental protection and the maintenance of development. Rio Declaration / Principle 1 Human beings are at the centre of concerns for sustainable development. They are entitled to a healthy and productive life in harmony with nature.

19. Gianfranco Tamburelli18 Principle of sustainable development / integration Rio Declaration Principle 4 In order to achieve sustainable development, environmental protection shall constitute an integral part of the development process and cannot be considered in isolation from it.

20. Gianfranco Tamburelli19 Principle of intergenerational equity Rio Declaration Principle 3 The right to development must be fulfilled so as to equitably meet developmental and environmental needs of present and future generations.

21. Gianfranco Tamburelli20 International Law - Principle of common but differentiated responsibility Rio Declaration Principle 7 States shall co-operate in a spirit of a global partnership to conserve, protect and restore the health and integrity of the Earth’s ecosystem. In view of the different contributions to global environmental degradation, States have common but differentiated responsibilities. The developed countries acknowledge the responsibility that they bear in the international pursuit of sustainable development in view of the pressures their societies place on the global environment and of the technologies and the financial resources they command.

22. Gianfranco Tamburelli21 International Law - Principle of Precaution Rio Declaration Principle 15 In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation

23. Gianfranco Tamburelli22 International Law - Principle of Environmental Impact Assessment Rio Declaration Principle 17 Environmental impact assessment, as a national instrument, shall be undertaken for proposed activities that are likely to have a significant adverse impact on the environment and are subject to a decision of a competent national authority.

24. Gianfranco Tamburelli23 Principles of environmental law Principle of prevention Principle of responsibility for environmental damage Principle of correction Principle of environmental impact assessment (EIA) Principle of precaution Principle of sustainable development Principle of intergenerational responsibility Principle of integration Principle of common but differentiated responsibility

25. Gianfranco Tamburelli24 Major Groups Rio Declaration / Preamble, 3° alinea The UNCED, … with the goal of establishing a new and equitable global partnership through the creation of new levels of co- operation among States, key sectors of societies and people …. Women Children and Youth Indigenous People Non-Governmental Organisations Local Authorities Workers and Trade Unions Business and Industry Scientific and Technological Community Farmers

26. Gianfranco Tamburelli25 Non Governmental Organisations (NGOs) NGOs are national bodies. Some of them however also have multinational missions, set-ups, structures and programmes and are therefore qualified as international NGOs. These are substantial requirements which are deducible by simple, real situations. NGOs, as well as continuing to act as external pressure groups on institutions, now participate (with varying roles) in negotiations for the defining of principles, guidelines, plans of action and sector related principles of international environmental law. They also take part in the work of various international bodies promoting the development of co-operation in the sector and, among them, the conferences of the parties to environmental treaties and the UN Commission on Sustainable Development (CSD).

27. Gianfranco Tamburelli26 UN Economic and Social Council / Accredited NGOs Friends of the Earth Greenpeace International World Resources Institute... Foundation for an International Environmental Court (ICEF)

28. Gianfranco Tamburelli27 International Law / Rights of access to information, participation to law-making processes and access to judicial proceedings Rio Declaration Principle 10 Environmental issues are best handled with the participation of all concerned citizens, at the relevant level. At the national level, each individual shall have appropriate access to information concerning the environment that is held by public authorities, including information on hazardous materials and activities in their communities, and the opportunity to participate in decision-making processes. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceedings, including redress and remedy, shall be provided.

29. Gianfranco Tamburelli28 The Millennium Declaration UN General Assembly (Resolution 55/2 of 8.9.2000) The Millennium Declaration paid specific attention to the wide themes of environment and good governance. It proposed “respect for nature” as among the essential fundamental values of the 21st Century and stated the aim to “liberate mankind, and above all our children and our grandchildren, from the threat of living on a planet irreparably impoverished by human activity and the resources of which will no longer be sufficient to satisfy their needs.”

30. Gianfranco Tamburelli29 World Summit on Sustainable Development - WSSD Johannesburg (26 August – 4 September 2002) Declaration on Sustainable Development from our origins to the future from Stockholm to Rio de Janeiro to Johannesburg the challenges we face our commitment to sustainable development multilateralism is the future making it happen !

31. Gianfranco Tamburelli30 - WSSD - Declaration Priority objectives of sustainable development: Poverty eradication Changing unsustainable patterns of consumption and production Protecting and managing the natural resource base of economic and social development Plan of Implementation Five priority areas for action: Water and sanitary systems Energy Health Agriculture Biodiversity

32. Gianfranco Tamburelli31 World Summit on Sustainable Development – WSSD - Plan of Implementation Introduction Poverty eradication Changing unsustainable patterns of consumption and production Protecting and managing the natural resource base of economic and social development Sustainable development in a a globalizing world Health and sustainable development Sustainable development of small island developing States Sustainable development for Africa Africa (and other regional initiatives) Means of implementation Institutional framework for sustainable development

33. Gianfranco Tamburelli32 Partnerships for sustainable development These are voluntary multi-stakeholder initiatives which contribute to the implementation of inter- governmental commitments in Agenda 21, the Programme for the Further Implementation of Agenda 21 and the Johannesburg Plan of Implementation. They are an important complementary outcome of the WSSD.

34. Gianfranco Tamburelli33 Sources / Multilateral Environmental Treaties (MEAs) Vienna Convention (1985) and Montreal Protocol on substances that deplete the ozonosphere (1987) UN Framework Convention on Climate Change (1992) and Kyoto Protocol (1997) Convention on Biological Diversity (1992) and Cartagena Protocol on Biosafety UN Convention to Combat Desertification (1994)

35. Gianfranco Tamburelli34 UN Framework Convention on Climate Change Adopted in New York in May 1992; opened to signing in Rio de Janeiro in June 1992; entered into force at international level on 21 March 1994 (subsequently to the deposit of 50 ratifications). Objective: To safeguard global climate in the interest of present and future generations and thus to stabilise concentrations of climate altering gasses in the atmosphere to such a level to avoid dangerous anthropogenic interference, in a reasonable timeframe

36. Gianfranco Tamburelli35 UN Framework Convention on Climate Change As the highest volume of greenhouse gasses comes from industrialised countries, it is firstly a task of these countries to adopt national policies aimed at mitigating climate change, limiting their emissions of harmful gasses and protecting resources, processes and activities which absorb these gasses. These actions must be taken with the aim of returning to previous levels of manmade emissions of carbon dioxide and other gasses altering the climate. The Convention establishes a double regime: the first for developed countries; the second for developing countries (more stringent obligations for developed countries; less stringent for developing ones). In fact, emissions pro capite in developing countries are relatively low.

37. Gianfranco Tamburelli36 UN Framework Convention on Climate Change Meetings of the Conference of the Parties to the Convention 1.1995 / Berlin 2.1996 / Geneva 3.1997 / Kyoto 4.1998 / Buenos Aires 5.1999 / Bonn 6.2000 / The Hague 7.2001 / Bonn (July) - Marrakech (November) 8.2002 / New Delhi 9.2003 / Milan 10.2004 / Buenos Aires 11.2005 / Montreal

38. Gianfranco Tamburelli37 Framework Convention on Climate Change / Further Acts The Convention provides for and regulates adoption of amendments, annexes and amendments to annexes, protocols, and decisions by the Conference of the Parties. Art. 17 / Protocols 3. The requirements for the entry into force of any protocol shall be established by that instrument. 4. Only Parties to the Convention may be Parties to a protocol.

39. Gianfranco Tamburelli38 Kyoto Protocol to the UN Framework Convention on Climate Change The Protocol was adopted by the Conference of the Contracting Parties to the Convention at the III meeting held in Kyoto in December 1997. The Protocol was opened to signing by interested countries from March 1998 to March 1999. It entered into force on 16 February 2005. Art. 25 1. The Protocol shall enter into force on the 90° day after the date on which not less than 55 Parties to the Convention, incorporating Parties included in Annex I (developed countries and countries that are undergoing the process of transition to a market economy) which accounted in total for at least 55 % of the total carbon dioxide emissions for 1990 of the Parties included in the same Annex …

40. Gianfranco Tamburelli39 Kyoto Protocol The Kyoto Protocol distinguishes two groups of states: The countries in the first group (developed countries and countries with economies in transition) must reduce the total volume of the emission of given climate altering gases (carbon dioxide, methane, HFCs, PFCs,... ) by at least 5% compared to 1990 levels, during the period 2008 -2012. For countries in the second group (developing countries) the fundamental duties of the Convention are reaffirmed (formulation and application of internal measures aimed at mitigating climatic change).

41. Gianfranco Tamburelli40 Kyoto Protocol To allow developed countries and countries with economies in transition to successfully reduce emissions at a lower cost, flexible mechanisms have been set up: Joint Implementation (financing of emission reducing projects in other countries in the same group) Clean Development Mechanism (financing of emission reducing projects in developing countries) Emission Trading (transfer of units of emission reduction)

42. Gianfranco Tamburelli41 MEAs – Biological Diversity Paris International Convention for the Protection of Birds (1950) Ramsar Convention on Wetlands of International Importance Especially as Waterfowl Habitat (1971) Paris Convention for the Protection of the World Cultural and Natural Heritage (UNESCO, 1972) Bonn Convention on the Conservation of Migratory Species of Wild Animals (1979) Rio Convention on Biological Diversity (1992)

43. Gianfranco Tamburelli42 Aarhus Convention on information, participation by the general public in decision-making and access to environmental justice The Convention – which entered into force on 30 October 2001 – aims to contribute to protecting the right to live in a healthy environment for present and future generations. In order to reach this objective, the Convention proposes 3 steps: a)to develop citizens’ access to information from public authorities; b)to promote citizens’ participation in decision-making regarding the environment; c)to extend access to environmental justice.

44. Gianfranco Tamburelli43 Aarhus Convention Citizens' participation in decision-making is guaranteed in the authorization procedure of certain specific activities listed in the Convention (principally industrial activities). The results of this participation must be taken into consideration in the final decision. From the very beginning, citizens must be informed about the following: the subject on which the decision is to be made; the nature of the decision to be adopted; the competent authority; the procedure to be followed. The timeframe for this procedure must be reasonable and allow real participation by citizens.

45. Gianfranco Tamburelli44 EU Environmental Law Historical Evolution Legal Foundation Sources / Acts Principles

46. Gianfranco Tamburelli45 EU Law / Institutions There are five EU institutions, each playing a specific role: European Parliament (elected by the peoples of the Member States); Council of the European Union (representing the governments of the Member States); European Commission (driving force and executive body); Court of Justice (ensuring compliance with the law); Court of Auditors (controlling sound and lawful management of the EU budget).

47. Gianfranco Tamburelli46 EU Law / Institutions These are five other important bodies: European Economic and Social Committee (expresses the opinions of organised civil society on economic and social issues); Committee of the Regions (expresses the opinions of regional and local authorities); European Central Bank (responsible for monetary policy and managing the euro); European Ombudsman (deals with citizens' complaints about maladministration by any EU institution or body); European Investment Bank (helps achieve EU objectives by financing investment projects)

48. Gianfranco Tamburelli47 EU / Sources of Law Chapter 2 (Provisions Common to Several Institutions) Article 249 In order to carry out their task and in accordance with the provisions of this Treaty, the European Parliament acting jointly with the Council, the Council and the Commission shall make regulations and issue directives, take decisions, make recommendations or deliver opinions.

49. Gianfranco Tamburelli48 EU / Sources of Law A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States. A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods. A decision shall be binding in its entirety upon those to whom it is addressed. Recommendations and opinions shall have no binding force.

50. Gianfranco Tamburelli49 Action of the EC Principle of subsidiarity Art. 5 – EC Treaty The Community shall act within the limits of the powers conferred upon it by this Treaty and of the objectives assigned to it therein. In areas which do not fall within its exclusive competence, the Community shall take action, in accordance with the principle of subsidiarity, only if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the proposed action, be better achieved by the Community. Principle of proportionality Art. 5 (ex art. 3 B) – EC Treaty Any action by the Community shall not go beyond what is necessary to achieve the objectives of this Treaty

51. Gianfranco Tamburelli50 EC – Member States / Environment / Level of Protection Principle of the high level of protection Title XIX – Environment Art. 174 2. Community policy on the environment shall aim at a high level of protection taking into account the diversity of situations in the various regions of the Community. Principle of the highest compatible protection Title XIX – Environment Art. 176 The protective measures adopted pursuant to Article 175 shall not prevent any Member State from maintaining or introducing more stringent protective measures. Such measures must be compatible with this Treaty. They shall be notified to the Commission (safeguard clause)

52. Gianfranco Tamburelli51 EU / Environment / Historical Evolution 1st Phase: in the absence of an ad hoc legal base; articles 2, 100 and 235 of the EEC Treaty were used (1957 – 1986) 2nd Phase: the SEA (1987) introduced a specific legal base for environmental community action: articles 130 R, 130 S and 130 T of the EEC Treaty 3rd Phase: the Maastricht Treaty (1992) amended some dispositions, “action” on environmental matters became a community “policy” 4th Phase: the Amsterdam Treaty (1997) introduced further amendments, the principle of integration became a general principle

53. Gianfranco Tamburelli52 Treaty Establishing a Constitution for Europe The Constitution’s fundamental provisions / Part I contains the provisions which define the Union, its objectives, its powers, its decision-making procedures and its institutions. Charter of Fundamental Rights / The Charter of Fundamental Rights, as proclaimed at the Nice European Council in December 2000, has been incorporated into the European Constitution as Part II. Part III of the Constitution focuses on the Union’s policies and actions, and incorporates many of the provisions of the current Treaties. Part IV contains the final clauses, including the procedures for adopting and revising this Constitution. Protocols and Annexes I and II Declarations

54. Gianfranco Tamburelli53 Treaty Establishing a Constitution for Europe Part. I – Title I – Definition and Objectives of the Union Art. I - 3 3. The Union shall work for the sustainable development of Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement of the quality of the environment. It shall promote scientific and technological advance.

55. Gianfranco Tamburelli54 EC / Environment / Historical Evolution First Plan of Action (1973) Second Plan of Action (1977) Third Plan of Action (1983) Fourth Plan of Action (1987) Fifth Plan of Action (1993) Sixth Programme of Action for the Environment. Environment 2010: our future, our choice Environmental action by the Community began in 1972 with four successive Action Programmes, based on a vertical and sectoral approach to ecological problems. The Fifth Community Action Programme on the Environment "Towards Sustainability" established the principles of a European strategy of proactive measures for the period 1992- 2000 and marked the beginning of a "horizontal" Community approach which would take account of all the causes of pollution (industry, energy, tourism, transport, agriculture, etc.).

56. Gianfranco Tamburelli55 EC / Sixth Programme of Action for the Environment Five priority directives for strategic activity: improve the application of existing legislation, integrate environmental themes into other policies, work with the market, involve individual citizens modifying their behaviour, consider the environment in decisions on utilising and managing national territories.

57. Gianfranco Tamburelli56 EU / Legal Base for Environmental Action Treaty on the European Union Preamble Art. 2 (Title I – Common provisions) Treaty establishing the European Community Part One – Principles Art. 2, art. 3, l), art. 6 Part Three – Community Policies / Title VI – Common Rules on Competition, Taxation and Approximation of Laws / Chapter 3 – Approximation of Laws Art. 95 Title XIX – Environment Art. 174, art. 175, art. 176 Art. 3 For the purposes set out in Art. 2, the activities of the Community shall include, as provided in this Treaty and in accordance with the timetable set out therein:............... (l) a policy in the sphere of the environment;

58. Gianfranco Tamburelli57 EC Environmental Policy / Objectives Title XIX Art. 174 1. Community policy on the environment shall contribute to pursuit of the following objectives: — preserving, protecting and improving the quality of the environment, — protecting human health, — prudent and rational utilisation of natural resources, — promoting measures at international level to deal with regional or world-wide environmental problems.

59. Gianfranco Tamburelli58 EU Law-Making Declaration no.20 to the TEU on the Environmental Impact of EC measures The Conference notes both the Commission’s commitment to formulate its proposals, bearing in mind the effects of such proposals on the environment and the principle of sustainable development, as well as the Member States’ commitment to bear them in mind when implementing the proposals.

60. Gianfranco Tamburelli59 EU Law-Making / Environmental Law and Other Disciplines Art. 95 3. The Commission, in its proposals envisaged in paragraph 1 concerning health, safety, environmental protection and consumer protection, will take as a base a high level of protection, taking account in particular of any new development based on scientific facts. Within their respective powers, the European Parliament and the Council will also seek to achieve this objective. Art. 174 3. In preparing its policy on the environment, the Community shall take account of: — available scientific and technical data, — environmental conditions in the various regions of the Community, — the potential benefits and costs of action or lack of action, — the economic and social development of the Community as a whole and the balanced development of its regions.

61. Gianfranco Tamburelli60 Principles: Precaution, Prevention, Correction, Responsibility Title XIX – Environment Art. 174 2. Community policy on the environment shall aim at a high level of protection … It shall be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay.

62. Gianfranco Tamburelli61 Prevention / Responsibility Principle of prevention First Plan of Action Principle I The best environmental policy is to avoid pollution and other disturbances from the very beginning instead of subsequently fighting their effects. (Prevention is better than a cure) Principle of international responsibility for environmental damage First Plan of Action Principle 6 In accordance with principle 21 of Stockholm Declaration, it is necessary to ensure that activities carried out in one State do not cause environmental degradation in another State

63. Gianfranco Tamburelli62 EU Treaty / Sustainable Development Preamble DETERMINED to promote economic and social progress for their peoples, taking into account the principle of sustainable development and within the context of the accomplishment of the internal market and of reinforced cohesion and environmental protection, and to implement policies ensuring that advances in economic integration are accompanied by parallel progress in other fields... Article 2 The Union shall set itself the following objectives: — to promote economic and social progress and a high level of employment and to achieve balanced and sustainable development, in particular through the creation of an area without internal frontiers, through the strengthening of economic and social cohesion and through the establishment of economic and monetary union, ultimately including a single currency in accordance with the provisions of this Treaty...

64. EC Treaty / Sustainable Development Article 2 The Community shall have as its task, by establishing a common market and an economic and monetary union and by implementing common policies or activities..., to promote throughout the Community a harmonious, balanced and sustainable development of economic activities, a high level of employment and of social protection, equality between men and women, sustainable and non-inflationary growth, a high degree of competitiveness and convergence of economic performance, a high level of protection and improvement of the quality of the environment, the raising of the standard of living and quality of life, and economic and social cohesion and solidarity among Member States.

65. Gianfranco Tamburelli64 Principle of integration Rio Declaration Principle 4 In order to achieve sustainable development, environmental protection shall constitute an integral part of the development process and cannot be considered in isolation from it. EC Treaty Art. 6 Environmental protection requirements must be integrated into the definition and implementation of the Community policies and activities..., in particular with a view to promoting sustainable development.

66. Gianfranco Tamburelli65 EC / Principle of common but differentiated responsibility First Action Plan Principle 7 The European Community and its Member States must consider the interests of developing countries when carrying out their environmental policies

67. Gianfranco Tamburelli66 Principles of EU Environmental Law Principle of subsidiary Principle of proportionality High level of protection / highest level of compatible protection Principle of sustainable development Principle of integration Principle of intergenerational responsibility (Principle of common but differentiated responsibility) Principle of precaution Principle of prevention Principle of correction Principle of environmental impact assessment Principle of responsibility for environmental damage

68. Gianfranco Tamburelli67 EU / Major Groups The 5th Action Plan for environmental protection and sustainable development which provided for the creation of a consultation forum composed of representatives from industry, business, local and regional authorities, professional associations, trade unions, environmental and consumer groups. On 24 February 1997 the Commission thus took a new decision to set up the European Consultation Forum on the environment and sustainable development for greater involvement of associated European countries.

69. Gianfranco Tamburelli68 EU / NGOs With its Decision n. 97/872/EC of 16 December 1997, the Council adopted an Action Plan to promote European Environmental NGOs. In its Communication Regarding Strategic Objectives 2000–2005. “A Project for the new Europe”, the Commission set itself the task of promoting new forms of governance and it recognised that NGOs can play an important role in filling the gap between European citizens and Community institutions.

70. Gianfranco Tamburelli69 EU Water Law Water policy is one of the first and foremost sectors of European environmental policy. Before the adoption of the Framework Directive, water resources were controlled by a very complicated system of acts. These acts were inspired by the traditional principles of European environmental law: the prevention principle and, to some extent, principles of correction and responsibility. In these acts it is possible to detect the influence of the principle of precaution; however, an integrated global approach is still missing and the principle of sustainable development was not made effective.

71. Gianfranco Tamburelli70 EU Water Law The Framework Directive states the general aim of achieving at least a good status of water; and where this already exists, it must be maintained. The Directive requires the institution of basin areas and some form of administration of the basin. This regards not only nationally important basins but also basins of international importance. It confirms the principles of sustainable development and precaution, but the discipline seems to be inspired by a wider range of objectives and criteria: efficiency, quality of the environment, equity, rationality and effectiveness. The relationship between these principles will be established by the acts which will integrate the Directive and by its implementation method at national level.

72. Gianfranco Tamburelli71 Italian Environmental Law Constitutional laws Laws Legislative decrees Decrees with the force of laws Regulations Regional laws Implementation of International Law Implementation of EU Law Constitution

73. Gianfranco Tamburelli72 Italian Legal System - Sources Constitutional Laws Section II Amendments to the Constitution. Constitutional Laws Article 138 [Procedure for Constitutional Amendment] (1) Law amending the constitution and other constitutional acts are adopted by each of the two chambers twice within no less than three months and need the approval of a majority of the members of each chamber in the second voting. (2) Such laws are afterwards submitted to popular referendum when, within three months of their publication, a request is made by one fifth of the members of either chamber, by 500,000 electors, or by five regional councils. The law submitted to referendum is not promulgated if it does not receive the majority of valid votes. (3) No referendum may be held if the law has been approved by each chamber in the second vote with a majority of two thirds of its members.

74. Gianfranco Tamburelli73 Italian Legal System - Sources Laws (Part II – Organisation of the Republic / Title I – Parliament / Section II – The Drafting of Laws) Art. 70 Constitution The legislative function is exercised collectively by both Houses

75. Gianfranco Tamburelli74 Italian Legal System - Sources Art. 76 Constitution The exercise of the legislative function may not be delegated to the government if the principles and guiding criteria have not been established and then only for a limited time and for specific ends. Art. 77 Constitution The government may not, without delegation..., issue decrees having the force of ordinary law. When in extraordinary cases of necessity and urgency the government adopts provisional measures having the force of law it must on the same day present them for conversion into law to the houses … The decrees lose effect from their inception if they are not converted into law within 60 days from their publication.

76. Gianfranco Tamburelli75 Delegation to the Government Regarding the Environment Art. 1. – Delegation to the Government to issue legislative decrees and single texts regarding the environment 1.Within a year of this law coming into force, the Government is to issue one or more legislative decrees for the reorganization, coordination and integration of legislative norms in the following sectors and subjects, also by means of single texts: a) waste management and decontamination of polluted sites b) protection of water from pollution and management of water resources c) soil protection and the struggle against desertification; d) management of protected areas, conservation and sustainable use of protected species of flora and fauna; e)insurance against environmental damage; f) procedures for environmental impact assessment (EIA) and for integrated pollution prevention and control (IPPC).

77. Gianfranco Tamburelli76 Delegation to the Government Regarding the Environment Art. 2. (Principles and general guiding criteria). Legislative decrees … comply with the EU principles, norms and state administrations’ competencies on the matter, as well as with the functions of the regions and local bodies ….. b) a guarantee of homogeneity of environmental standards with those in force in the other EU member states with the aim of not introducing distortion or obstacles to commercial competition.

78. Implementation of General International Law in the Italian Legal System “Italian laws conform to the generally recognised tenets of international law” Art. 10, Constitution

79. Gianfranco Tamburelli78 Italy / International Agreements Art. 87, 8° comma, Constitution The President of the Republic … “ratifies international treaties which have, where required, the authorisation of the houses” Art. 80 Constitution The houses authorise through laws the ratification of international treaties which are of a political nature, or which call for arbitration or legal settlements, or which entail changes to national territory or financial burdens or changes to laws.

80. Gianfranco Tamburelli79 Implementation of International Treaty Law in the Italian Legal System Law Special procedure: adoption of an order to execute

81. Gianfranco Tamburelli80 EU and Italian Law Art. 11 Constitution Italy rejects war as an instrument of aggression against the freedoms of other peoples and as a means for settling international controversies; it agrees, on conditions of equality with other states, to the limitations of sovereignty necessary for an order that ensures peace and justice among nations; it promotes and encourages international organisations having such ends in view.

82. Gianfranco Tamburelli81 EU / Italian Legal System 1980 / Appointment of the Minister for Community Policy 1981 / Creation of the Department of Community Policy at the Prime Minister’s Office Law no. 183 of 16 April 1987, (Fabbri Law) on the coordination of policies regarding Italy’s membership of the European Community and the conformity of domestic legislation with Community norms. Law no. 86 of 9 March 1989, (La Pergola Law), containing general rules for Italy’s participation in the EC decision-making process and for the procedures for carrying out EC obligations.

83. Gianfranco Tamburelli82 Community Laws La Pergola Law  direct implementation of the obligation  legislative delegation to the Government  delegification / implementation of the directives through administration L. 128/98 / Community Law 1995–97 L. 25/99 / Community Law 1998 L. 526/99 / Community Law 1999 L. 422/00 / Community Law 2000 L. 39/02 / Procedures for the fulfilment of obligations due to Italy’s EC membership – Community Law 2001

84. Gianfranco Tamburelli83 Law no. 39 of 1 March 2002 / Community Law 2001 Published in the Official Gazette no. 72, 26 March, 2002 Ordinary Supplement no. 54 a) Direct legislation, used for limited corrections and integrations of legislative provisions in force, mainly aimed at eliminating situations of conflict with the Treaty and derived community law b) Conferring of the legislative delegation, used for implementing directives that require the introduction of complex organic regulations c) Authorization for the Government to use the instrument of regulations to implement directives regarding subjects not reserved to the law

85. Gianfranco Tamburelli84 Constitution / Environment Fundamental Principles Articles 2, 9 Part I – Rights and Duties of Citizens / Title II - Ethical and Social Relations Art. 32 / Title III – Economic Relations Articles 41, 42, 44 Part II – Organisation of the Republic Title V – Regions, Provinces, Municipalities Articles 117, 118

86. Gianfranco Tamburelli85 Constitution / Environment Art. 2 The Republic recognises and guarantees the inviolable rights of man, as an individual, and in the social groups where he expresses his personality, and demands the fulfilment of the intransgressible duties of political, economic, and social solidarity. Art. 32 The Republic safeguards health as a fundamental right of individual and as a collective interest, and guarantees free medical care to the indigent.

87. Gianfranco Tamburelli86 Constitution / Environment Art. 9 The Republic … safeguards landscape and the historical and artistic heritage of the Nation.

88. Gianfranco Tamburelli87 Constitution / Environment Art. 41 Private economic initiative is free. It cannot be conducted in conflict with public weal or in such manner that could damage safety, liberty, and human dignity. The law determines appropriate planning and controls so that public and private economic activity is given direction and coordinated to social objectives. Art. 42 Property is public or private. Economic goods belong to the State, to entities or to private persons. Private property is recognised and guaranteed by law, which prescribes the ways it is acquired, enjoyed and its limits in order to ensure its social function and to make it accessible to all. Private property can, in such cases provided for by law and with provisions for compensation, be expropriated for reasons of the public weal …

89. Gianfranco Tamburelli88 Constitution / Environment Art. 44 For the purpose of securing a rational exploitation of the soil and to establish equity in social relationships, the law imposes obligations and constraints on private ownership of land, …, encourages and imposes land reclamation …. The law makes provisions in favour of mountainous areas.

90. Gianfranco Tamburelli89 Constitution / Organisation of the Republic / Environment Title V Regions, Provinces, Municipalities Article 114 [Municipalities, Provinces, Metropolitan Cities, Regions, State] (1) The republic consists of municipalities, provinces, metropolitan cities, regions, and the state. (2) Municipalities, provinces, metropolitan cities, and regions are autonomous entities with their own statutes, powers, and functions according to the principles defined in the constitution. (3) Rome is the capital of the republic. State law regulates its legal status.

91. Gianfranco Tamburelli90 State and Regional Legislative Power Art. 117 (1) Legislative power belongs to the state and the regions in accordance with the constitution and within the limits set by European Union law and international obligations. (2) The State has exclusive legislative power in the following matters: s) protection of the environment, of the ecosystem and of the cultural heritage.. Art. 117 4) The regions have exclusive legislative power with respect to any matters not expressly reserved to state law

92. Gianfranco Tamburelli91 State and Regional Legislative Power Art. 117 3) The following matters are subject to concurrent legislation of both the State and Regions: international and European Union relations of the regions; … protection and safety of labour; … health protection; … disaster relief service; land-use regulation and planning; harbours and civil airports; major transportation and navigation networks; … production, transportation and national distribution of energy; … promotion of the environmental and cultural heritage, and promotion and organization of cultural activities;... In matters of concurrent legislation, the regions have legislative power except for fundamental principles which are reserved to state law.

93. Gianfranco Tamburelli92 The Ministry for the Environment L. 8 July 1986, n. 349 Establishment of the Ministry for the Environment and Norms Regarding Environmental Damage 1.The Ministry for the Environment is established. 2. It is the Ministry’s duty to ensure – within a systemic framework - the promotion, conservation and recovery of environmental conditions that conform to the collective’s fundamental interests and quality of life, as well as the conservation and promotion of the national natural heritage and the defence of natural resources from pollution. 5. The Ministry promotes and organizes the fulfilment of international treaties, community directives and regulations concerning the environment and natural heritage.

94. Gianfranco Tamburelli93 L. 8 July 1986, n. 349 Art. 13 1. National Environmental Protection Organizations and those present in at least 5 regions are determined with the Environment Ministry Decree on the basis of programme aims and internal democratic order provided for by the statute, as well as the continuation of action and its external importance, following the advice of the National Environment Committee.

95. Gianfranco Tamburelli94 L. 8 July 1986, n. 349 Art. 14 1.The Ministry for the Environment ensures the most widespread and available information on the state of the environment. 2.… 3. Every citizen has the right to available information on the environment, in accordance with law in force, at public offices, and they can obtain copies thereof following payment of copying and administrative fees …

96. Gianfranco Tamburelli95 L. 8 July 1986, n. 349 Art. 18 1.The perpetrator of any voluntary or accidental action in violation of the law or regulations adopted based on the law which compromises the environment thus causing damage by altering, deteriorating or destroying it either in part or totally, is obliged to pay compensation to the State.

97. Gianfranco Tamburelli96 Ministry for the Environment and Land Protection Legislative Decree no. 300, 30 July 1999 Reform of Governmental Organization, According to Art. 11 of Law no. 59, 15 March 1997 35. (Establishment of the Ministry and Competencies). 1. The Ministry for the Environment and Land Protection is established. 2. The following state functions and duties concerning environmental and territorial protection are competencies of the Ministry for the Environment and Land Protection: the identification of basic land use with reference to natural and environmental principles; soil and water protection; nature conservation; waste management, pollution and environmental risk; promoting of sustainable development policies; water resources. 3. The functions, duties, and relevant resources of the Ministries for the Environment and Public Works are transferred to the Ministry, with the exception of those.. functions conferred to the regions and local authorities.. functions and duties of the Ministry of Agriculture which regard environmental / forestry police are also transferred to the Ministry.

98. Gianfranco Tamburelli97 Ministry for the Environment and Land Protection 36. 1. (Areas of Responsibility) In particular, the Ministry carries out the state functions and duties in the following areas: a) promotion of national and international sustainable development policies; surveillance, monitoring and control as well as identification of value limits, standards, quality and safety objectives and technical norms, for the carrying out of functions indicated in this article; b) environmental impact assessment; prevention and protection from atmospheric, acoustic and electromagnetic pollution and industrial risks; waste management; land reclamation; protection and clean up of areas at high environmental risk; reduction of risk factors; c) use of territory with respect for natural and environmental values; identification, conservation and promotion of protected natural areas; protection of biodiversity, flora and fauna; soil defence; environmental police; environmental forestry police; surveillance of national parks and state natural reserves, control of the import and trading of protected exotic species, surveillance of the protection of flora and fauna protected by international treaties and agreements; d) mmanagement and protection of water resources; prevention and protection from water pollution; defence of the sea and coastlines.

99. Gianfranco Tamburelli98 Italian Activities on Education for Environment and Sustainable Development The Italian Ministry of Environment and Territory, as required by its institutive law (law 349/1986), is actively engaged in the field of education for environment and SD, especially focusing on promoting public awareness. Education is considered a crucial tool to support environmental and sustainable development policies, aiming at promoting public consciousness of environmental matters and behaviours in harmony with the nature and human beings. In order to bring together the various actors involved in activities of environmental education, the National System for Environmental Education, Information and Training (INFEA) has been established in Italy. It is an innovative integrated system directly involving State and Regions in the programming and financing of initiatives. The System operates on the ground through a network of “Environmental Education Centres” (about 140 centres), established by local institutions and managed in cooperation with various stakeholders, like environmental associations, private enterprises, universities. The centres, some of them located within protected natural areas, promote and support projects of environmental education for various categories of learners.

100. Gianfranco Tamburelli99 Italian Environmental Law  Air Pollution  Water Protection and Management  Waste Management  Biodiversity Protection and Protected Areas  Environmental Impact Assessment

101. Gianfranco Tamburelli100 National Agency for Environmental Protection Law Decree no. 496, 4 December 1993, n. 496, in coordination with Law no. 61, 21 January 1994, establishing Urgent dispositions for the ri-organization of environmental controls and the institution of a National Agency for Environmental Protection. Art. 1 1. The National Agency for the Protection of the Environment (ANPA) is instituted and will conduct: a) technical – scientific activity … in the national interest …. c) Activities of consultancy and technical – scientific support to the Environment Ministry and, through conventions, other public administrations and bodies.

102. Gianfranco Tamburelli101 National Agency for Environmental Protection and Technical Services Legislative Decree no. 300, 30 July 1999. Art. 38 1. An Agency for Environmental Protection and Technical Services is instituted... 2. The Agency will carry out responsibilities and technical- scientific activities in the national interest for the protection of the environment, for the safeguarding of water resources and the protection of soil, which will include the identification and delimitation of national and interregional water basins. 3. All the powers of ANPA, of the National Technical Services of the Presidency of the Council of Ministers, with the exception of the National Seismic Service, are transferred to the Agency.