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The legal framework governing the EUs efforts in promoting EU environmental standards in third States The Hague, 19 April 2013 Ludwig Krämer

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Presentation on theme: "The legal framework governing the EUs efforts in promoting EU environmental standards in third States The Hague, 19 April 2013 Ludwig Krämer"— Presentation transcript:

1 The legal framework governing the EUs efforts in promoting EU environmental standards in third States The Hague, 19 April 2013 Ludwig Krämer

2 Table of content 1.The Lisbon Treaties 2. The EU: global player or environmental promotor? 3.EU environmental standards 4.Globalizing EU standards 5. Coercive and non-coercive measures 6. Measuring effectiveness 7. Concluding remarks

3 The Lisbon Treaties -Contribute to sustainable develpment of the Earth (Article 3 TEU) -Contribute to free and fair trade, eradication of poverty and the protection of human rights (Article 3 TEU) -Foster the sustainable enviornmental development of developing countries, with the primary aim of eradicating poverty (Article 21 TEU) -Help developing international measures to preserve and improve the quality of the environment and the sustainable management of global natural resources, in order to ensure sustainable development (Article 21 TEU) -Preserving, protecting and improving the quality of the environment, protecting human health, contribute to a prudent and rational utilisation of natural resources and promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change (Article 191 TFEU) -Have as the primary objective the reduction and, in the long term, the eradication of poverty (Article 208 TFEU

4 The EU: global player or environmental promotor? 1.The making of meaningful global environmental agreements becomes progressively difficult Kyoto2, Forests, Whaling, Aarhus, Arctic, Marine pollution, Cars, Chemicals 2. The main reason: erst kommt das Fressen und dann die Moral first economic growth (competitiveness), then environmental protection 3. WTO prohibits unequal treatment of like products, but does not prohibit the protection of the environment 4. The choice, whether to be a global player or an environmental promotor, is a political, not a legal choice.

5 EU environmental standards 1.Sustainability, high level of protection, prudent use of natural resources, protection of human health, protect and improve the quality of the environment 2.These standards were concretised, within the EU, by a considerable number of legally binding provisions, in all environmental sectors 3.Options for policy towards third countries: 3.1 let the buyer beware (caveat emptor) 3.2 prior informed consent (Rotterdam Convention – Basel Convention) 3.3 apply the EU internal standards also to exports 3.4 allow imports only, when EU internal standards are respected

6 EU standards Products and waste 1.Products car emissions chemical restrictions pesticides energy-using products electrical-electronic goods 2. Waste cars and ships electrical-electronic waste hazardous waste nuclear waste

7 EU standards Biodiversity 1.Meat import standards and animal welfare standards 2.Trade in endangered species 3. Habitat and species protection (Directive 92/43) 4. Sustainable use of pesticides 5. Pesticide residues 6. Fisheries standards (mesh size, by-catch, EU standards in third countries waters, waste treatment)

8 EU standards Installations and horizontal issues 1.Installations - Best available techniques - Basic requirements (CSR): waste disposal, waste water, accident participation, human rights 2. Horizontal issues - Aarhus Convention on transparency, participation, access to justice, NGO promotion - impact assessment of projects, plans and programmes - public procurement - EIB standards for linking credits to environmental compliance

9 Globalising EU environmental standards 1 1.Internationally, the EU is re-active, not active 2.Globalising through import-related measures - climate change (FLEGT; biofuels) - food (residues, organic food, GMOs) - international rules (hazardous waste, ozone-depleting substances, CITES) 3.Globalising through export-related measures - international rules (hazardous waste, mercury, POPs) - ? 4. Regionalised agreements

10 The Cotonou Partnership Agreement 1.Concluded in 2000 between the EU and 79 countries from Africa, the Caribbeans, and the Pacific (ACP countries), 2.Concluded for a period of 20 years, every 5 year a revision (2005, 2010) 3.Objective: Reducing and eventually eradicating poverty, consistent with the objective of sustainable development. The principle of sustainable management of natural resources and the environment, including climate change, shall be applied and integrated at every level of the partnership (Article 1) The central objective of ACP-cooperation is poverty reduction and ultimately its eradication; sustainable development; and progressive integration of the ACP countries into the world economy (Article 19) 4. sections: economic development; social and human development; regional cooperation and integration cross cutting issues (environment a.o.)

11 Globalising EU environmental standards 2 3. Globalising through regional environmental agreements The Cotonou Agreement could establish a valuable playing field for promoting environmental standards Making agreements on - Aarhus principles (transparency, participation access to justice, NGOs) - Impact assessment of projects, plans and programmes - Habitat (and species) protection, Articles 4 to 6, 13 – 16 of Directive 92/43 - Sustainable use of pesticides - Public procurement - Waste and waste water treatment - Corporate environmental responsibility (CSR) - Linking export credits, State aid to environmental compliance Until now, there is no serious attempt to export standards

12 Coercive and non-coercive measures 1.The experience with non-coercive measures 1.1 Climate Change Convention and post-Kyoto 1.2 Joint, but differentiated reponsibilities 1.3 Rio Principles 1.4 Global Millenium Goals (2000) 1.5 Corporate Social Responsibility. 2.Enforcement mechanisms for global environmental agreements do not work. 3.There is little hope to (agree better global environmental agreements (b) establish better enforcement mechanisms. 4.Proposal for a way forward: (a) make regional environmental agreements (b) link financial assistance to compliance

13 Measuring effectiveness of EU standards application in third countries 1.Include systematic ex-post evaluation of agreements, projects, plans and programmes, where the EU is involved. 2. Ensure transparency of the evaluation. 3. Ensure detailed reports on the state of the environment (Aarhus Convention) which also report on failures (auditing-type reports). 4. Name and shame EU acts and omissions and EU companies. 5. Link financial assistance to environmental compliance 6. Be self-critical and not self-complacent

14 Concluding remarks 1 The EU is obliged to promote environmental protection globally. It is a political choice, how serious it takes this obligation. The mere promotion of sustainability is not helpful. And it is doubtful, whether the reduction and, in the long term, the eradication of poverty is a better objective and not too vague and general.

15 Concluding remarks 2 Any environmental measure, whether internally or externally, will raise the tension between EU competitiveness vs. EU environmental promotion

16 Concluding remarks 3 Though the EU sees itself as a model for reconciling environmental protection and economic growth, it has not gained sufficient international credibility and leadership capacity, in particular because all too often it does not speak with one voice.

17 Concluding remark 4 As global environmental agreements are difficult to make (USA, China, Russia etc), the EU should go for regional environmental agreements, for example by filling the Cotonou-Agreement with environmental life. There are numerous such agreements possible which would not significantly impair EU global competitiveness.

18 Concluding remarks 5 Regional environmental agreements should set precise, verifiable targets which can be measured. Systematic ex-post evaluation of agreements, but also of projects, plans and programmes, where the EU participates, should be foreseen. These evaluations should be self-critical and not only self- complacent, and should be published.

19 Concluding remarks 6 EU financial assistance (credits, guarantees, etc) should be linked to the compliance with established, concrete environmental objectives. It should be accompanied by a monitoring system.

20 Concluding remarks 7 EU internal product regulation (cars, chemicals, pesticides) went from optional directives to total harmonisation directives to regulations. This is a model for export standards for products which are at present at the optional (+) stage.

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