1. 26 – 29 May 2014 in Becici/Budva, Montenegro
Overview of EU main environmental issues Chapter 27 – environment and climate change
Mara Silina
European Environmental Bureau (EEB) * * * Regional training on policy analysis with special accent on EU approximation
26 – 29 May 2014 in Becici/Budva, Montenegro “

2. Points I will try to cover are
The European Environmental Bureau – who we are and what we do
Approximation process and negotiations of different chapters of the EU legislation
EU climate policy
2030 policy framework in the making
Implementation in the Member States and candidate and potential candidate countries

3. The European Environmental Bureau (EEB)
the largest federation of environmental citizens’ organisations in Europe
More than 140 member organisations based in EU Member States and increasingly in candidate and potential candidate countries as well as in a few neighbouring countries with more than 15 million members and supporters
Created in 1974 with the purpose to represent its members’ interests vis-à-vis the EU institutions 3

4. The European Environmental Bureau (EEB)
The aim of the EEB is to protect and improve the environment of Europe and to enable the citizens of Europe to play their role in achieving this goal
EEB’s specific mission is to promote strong environmental policies and sustainable development on the EU level and outside
Integrate environmental concerns into other policy areas
Provide a focal point for its members to monitor and respond to EU policies
We work on all EU environmental policy areas as well as issues related to CAP, energy etc. 4

5. Governments & Parliaments
The EEB in the EU net
National
Governments & Parliaments
Members
Industry
EEB
EU Institutions:
Commission, EP,
Council
The Public
Media
Other Organisations:
Social, Consumer,
Trade Unions, …

6. The process of joining the EU
Starts with the country becoming an official candidate country
Move on to formal membership negotiations when the country fulfils certain criteria
Negotiations are on full EU law book – acquis – divided in 33 chapters
When negotiation process and necessary reforms are completed - countries can join the EU
Welcome to the club!!! 6

7. Screeening multilateral and bilateral screening in Brussels
Very detailed examination for each policy field to determine how the country is prepared for joining the EU
Involvement of CSOs is important but not very easy!!! 7

8. Opening and closing Benchmarks
Opening and closing benchmarks were new instruments designed by the EU that were used for the first time during Croatia's and Turkey’s accession negotiations, as a tool to emphasize the most important reforms on the path to the full alignment with the acquis. They are prepared on the basis of the screening report
Closing benchmarks reflect the outcome of the negotiations and have to be met before the chapter is closed
Should be closely followed within the country by CSOs!!! 8

9. Negotiations
Content of legislation is not a topic for negotiations but the conditions and timing of the adoption, implementation and enforcement of all current EU rules (acquis)
Other issues discussed are financial arrangments and transitional arrangments (periods)
Negotiation positions prepared by countries before the start of actual negotiations
EU adopts its common position based on countries’ position
Closed to the public
Can take quite a long time before all chapters are closed
CSOs have to get involved and follow at different levels – national and international 9

10. Closing chapters and the Accession Treaty
No chapter is closed until every EU member state is satisfied with candidate country’s progress
Negotiations are closed when all chapters are closed
Accession Treaty « rubberstamps » the EU membership and includes detailed terms and conditions of membership, transitional arrangements and deadlines, details on financial arrangements and any safeguard clauses
Accession Treaty is not final and binding until supported by the EU council, the Commission and the European Parliament ,signed by the candidate country and representatives of all EU countries and ratified by the candidate country and every individual EU country according to their constitutional rules (parlamentary vote, referendum etc.)

11. List of chapters Chapter 1: Free movement of goods
Chapter 2: Freedom of movement for workers
Chapter 3: Right of establishment and freedom to provide services
Chapter 4: Free movement of capital
Chapter 5: Public procurement
Chapter 6: Company law
Chapter 7: Intellectual property law
Chapter 8: Competition policy
Chapter 9: Financial services
Chapter 10: Information society and media
Chapter 11: Agriculture and rural development
Chapter 12: Food safety, veterinary and phytosanitary policy . Chapter 13: Fisheries
Chapter 14: Transport policy

12. List of chapters Chapter 14: Transport policy Chapter 15: Energy
Chapter 16: Taxation
Chapter 17: Economic and monetary policy
Chapter 18: Statistics.
Chapter 19: Social policy and employment
Chapter 20: Enterprise and industrial policy
Chapter 21: Trans-European networks
Chapter 22: Regional policy and coordination of structural instruments
Chapter 23: Judiciary and fundamental rights
Chapter 24: Justice, freedom and security
Chapter 25: Science and research

13. List of chapters Chapter 26: Education and culture
Chapter 27: Environment and climate change
Chapter 28: Consumer and health protection
Chapter 29: Customs union
Chapter 30: External relations
Chapter 31: Foreign, security and defence policy
Chapter 32: Financial control
Chapter 33: Financial and budgetary provisions

14. Chapter 13 - Fisheries
The acquis on fisheries consists of regulations, which do not require transposition into national legislation
However, it requires the introduction of measures to prepare the administration and the operators for participation in the common fisheries policy
In some cases, existing fisheries agreements and conventions with third countries or international organisations need to be adapted
CFP – set of rules for managing European fishing fleets and for conserving fish stocks
First introduced in the 1970s with several updates – the last on took effect on 1 January 2014

15. Chapter 14 - Transport
Governed by the Title VI Art. 90 to 100 of the Treaty on Functioning of the European Union
EU transport legislation aims at improving the functioning of the internal market by promoting safe, efficient and environmentally sound and user friendly transport services
Transport acquis covers sectors of road transport, railways, inland waterways, combined transport, aviation, and maritime transport
It relates to technical and safety standards, security, social standards, state aid control and market liberalisation in the context of the internal transport market

16. Chapter 15 - Energy
EU energy policy objectives include the improvement of competitiveness, security of energy supplies and the protection of the environment
The energy acquis consists of rules and policies regarding competition and state aids (including in the coal sector), the internal energy market (opening up of the electricity and gas markets, promotion of renewable energy sources), energy efficiency, nuclear energy and nuclear safety and radiation protection

17. Chapter 27 – Environment and climate change
EU environment policy aims to promote sustainable development and protect the environment for present and future generations.
It is based on preventive action, the polluter pays principle, fighting environmental damage at source, shared responsibility and the integration of environmental protection into other EU policies.
The acquis comprises over 200 major legal acts covering horizontal legislation, water and air quality, waste management, nature protection, industrial pollution control and risk management, chemicals and genetically modified organisms (GMOs), noise and forestry.
Compliance with the acquis requires investment. A strong and well-equipped administration at national and local level is imperative for the application and enforcement of the environment acquis.

18. EU climate policy over time
2020 climate and energy package
Third Internal Energy Market Package
Lisbon Treaty with a dedicated energy chapter
Commission publishes White Paper on 2030 Climate and Energy Policy Framework
UN Kyoto Protocol agreed with the EU as a party
EU Emissions Trading Scheme (EU ETS) starts
EU leaders commit to 2020 climate targets:
20% GHG reduction
20% increase in RES
20% increase in energy efficiency
Commission publishes 2050 Low-Carbon and Energy Roadmaps
Conditional 30% offer on GHG
Lisbon Treaty officially gives the EU a role in formulating energy policy – but MS retain control over their own energy mix (e.g. development of nuclear power or shale gas)
3rd IEM sought to complete the internal energy market: separation of the network operation of electricity and gas from supply and generation activities so-called ‘unbundling’ of ownership to create incentives for infrastructure and generation capacity investments; measures to strengthen national regulators and creation of a European Network for Transmission System Operators to facilitate cooperation of grid operators (increase of security of supply)
1997
2005
2007
2009
2011
2014
Voice-Logframe Dec08

19. 2020 climate and energy Package
Setting targets into legislation
A legislative package to ensure the EU meets its 2020 targets (GHG, RES, EE) adopted in 2009:
Revision of the EU ETS
Effort Sharing Decision – binding targets on member states in sectors outside of the EU ETS
National renewable energy targets under the Renewable Energy Directive
Directive for creating a legal framework for the use of carbon capture and storage (CCS) technologies
Fuel Quality Directive (FQD)
Cars CO2 standards
An EU-wide cap on emission allowances to be cut each year so that by 2020 emissions will be 21% below the 2005 level. Free allocation to be replaced by auctioning of allowances, starting with the power sector with some exceptions.
RES targets range from 10% in Malta to 49% in Sweden reflecting starting points and potential – includes a 10% target for the transport sector (ILUC, sustainability concerns)
CCS framework includes requirements on the safe use of the technologies for the entire lifetime of the storage sites
FQD: reduction of the greenhouse gas intensity of the fuels used in vehicles by 6% by 2020 (blending of biofuels and improvement
Cars & CO2: reducing average CO2 emissions from new cars to 130g/km with a staged process – the whole fleet to meet the target by objective of 95gCO2/km for 2020 – confirmed last year but delayed to 2021
ESD targets from a 20% emissions reduction (compared to 2005) by the richest Member States to a 20% increase by the least wealthy
Voice-Logframe Dec08

20. Decarbonisation in the long term
Roadmaps for 2050
The Commission developed a longer-term vision with its Low-Carbon and Energy Roadmaps 2050 published in 2011
Answer to the EU’s commitment to reduce GHG emissions to 80-95% below 1990 levels
Focus on decarbonisation, competitiveness and security of supply
Models a cost-effective pathway to reach an 80% GHG cut by 2050
Sets milestones of 40% for 2030 and 60% for 2040
Investment needs: €270 bn or 1.5% of EU GDP annually over the next four decades
Energy efficiency and renewables crucial
An EU-wide cap on emission allowances to be cut each year so that by 2020 emissions will be 21% below the 2005 level. Free allocation to be replaced by auctioning of allowances, starting with the power sector with some exceptions.
RES targets range from 10% in Malta to 49% in Sweden reflecting starting points and potential – includes a 10% target for the transport sector (ILUC, sustainability concerns)
CCS framework includes requirements on the safe use of the technologies for the entire lifetime of the storage sites
FQD
Cars & CO2: reducing average CO2 emissions from new cars to 130g/km with a staged process – the whole fleet to meet the target by objective of 95gCO2/km for 2020 – confirmed last year but delayed to 2021
ESD targets from a 20% emissions reduction (compared to 2005) by the richest Member States to a 20% increase by the least wealthy
Voice-Logframe Dec08

21. Other key policies with climate impact
F-gas Regulation
Proposal for CO2 tax
Air quality legislation (incl. Industrial Emissions Directive)
Various energy savings legislation
Energy Efficiency Directive
Energy Performance of Buildings Directive
Ecodesign and Energy Labelling

22. 2030 2030 Climate and Energy Policy Framework
Commission White Paper on 2030 Climate and Energy Policy Framework published in January
40% GHG reduction
At least 27% renewable energy – no goal for transport
Energy efficiency to be decided after review of the EED in the summer
A fourth target on energy infrastructure requested by some member states

23. How the 2030 policy will be made
Political process
How the 2030 policy will be made
European Parliament and Council co-legislators
EP already adopted own-initiative report calling for three targets
Council committed to agreeing on targets by October
Pressure from the timetable of the international climate negotiations
The Commission will follow with legislative proposals

24. Role of Member States Implementing EU policy
Targets currently divided between member states
Exception of energy efficiency – problems with achieving the target
EU legislation to be transposed into national law
Commission can launch infringement proceedings where a Member State is not in compliance
Voice-Logframe Dec08

25. What role for candidate & potential countries in EU policy
EU acquis must be implemented
When joining, each country will be attributed their own national sub-targets under the 2020 policy or 2030 once agreed
Good time to push for important reforms in the energy markets, penetration of clean energy technologies, interconnections, etc.
Smart use of EU funding
There is a lot of pressure to reform ahead of joining the EU which goes away once a country becomes a member
Case of Poland’s economy based on coal – once joined, pressure to modernise and move to cleaner technologies lessened and they gained the possibility to block further policy (case of Roadmaps)
EU funding can be used to build energy infrastructure, clean up the industry, promote renewables etc.
Once EU member, will have to comply with EU state aid rules on energy and environment – no aid to industry unless they go beyond EU requirements, newly agreed stricter requirements for support for renewables etc.
Energy mix is a national competency – used to object against targets on renewables or EU regulation on shale gas development, for example
Voice-Logframe Dec08

26. Influencing EU policy making
Advocacy work
Three decision-making instances:
European Commission
European Parliament
MEPs grouped into political groups
Assistants, group advisers
European Council
National ministries
Permanent representations in Brussels
Involved at different stages of policy-making: Commission makes the proposal and facilitates a political agreement
Both Parliament and Council develop their own positions and negotiate a compromise, to put it simply
Parliament has taken on a bigger role over time and now on equal footing with Council (at least in theory) – MEPs also have power in requesting proposals from the Commission
A tendency to lower ambition on climate action – the financial crisis used as an excuse to lower standards rather than to change the system and create green growth
Parliament elections mean it’s not yet clear what the new EP will look like but expected to be less environmentally minded
Voice-Logframe Dec08

27. Role of CSOs in the approximation process
Monitor the Chapter 27 before , during and after the negotiations
Build coalitions, develop networking
Contacts with key people in the administration at local& national levels
Contacts with Brussels based organisations
And much more ….

28. Role of and channels for CSOs to intervene in the approximation process
Monitor the Chapter 27 before , during and after the negotiations
 TIPs:
Prepare your own positions on each issue you are interested/involved
find responsible people in the Ministry of Environment, Parliament etc. and get to know them
Communicate your message clearly
Prepare your input for yearly Progress report and follow whether it is reflected in the final report.
Communicate your input to the EU (responsible desk officer)

29. Want to know more or join in the work – please contact me:
Thank you!
Want to know more or join in the work – please contact me:
Tel.:
Fax: 29