1. 1 EU Environmental Policy

2. 2   Treaty of Rome 1957 (Art. 100)   Single European Act 1981 (Arts.130r, 130s, 130t,100a) – –Environmental protection component of EC policy   Maastricht Treaty 1992 – –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)  Council of Ministers  European Parliament  European Court of Justice (ECJ)

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 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

6. 6 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

7. 7 Why No Race to the Bottom?

8. 8 Expanding the EU Environmental Mandate   Market integration drives policy integration (functionalist logic) – –Trade and environment conflicts   barriers to the functioning of the common internal market;   transaction cost considerations   ECJ rulings as focal points for new regulations   EU institutions and institutional rules – –Examples   Chemical safety policies (US lead, the EC followed because of trade interests)   Auto emission standards (California, Germany, EC standards)   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

9. 9 Expanding the EU Environmental Mandate   “Exporting” domestic regulations (political logic) – –Domestic regulations provide incentive to harmonize at EU level (avoid competitive disadvantage, promote domestic regulatory style and technology – –Examples: Integrated Pollution Prevention Control – issue permits to large industrial resources -minimize pollution in air, water, land; waste minimization and efficiency (UK approach), -Best Available Technology Not Entailing Excessive Cost (BATNEC) in as well. Large Combustion Plant Directive – command and control (German Approach) – –technology based standards Denmark tried exporting “eco tax” on fuels, but proposal killed.

10. 10 Expanding the EU Environmental Mandate   Environmental concern (political logic) – –Commission as agenda setter – –Role of environmental leaders (Germany, Netherlands, Sweden, Denmark, Austria, Finland, UK more recently) – –The “green accession” of Sweden, Denmark, Austria, Finland   The EU Acidification strategy; stricter Large Combustion Plant Directive (2001); National Ceilings (2001). Took 4 years to negotiate – –Public advocates   Environmental Impact Assessment Directive   Food safety and GMOs – –EU business   Well organized at the European Union levels   Influences negotiations both through governments as well as through the Commission

11. 11 Implementation of EU Environmental Policy  Is the glass half empty or half full?  Mechanism of “enforcement” –“Police control” by the European Commission – monitoring of compliance –“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   Would the accession of poorer Central and East European States dilute EU environmental policy?   Areas of leadership in IR – –Climate – –Biotechnology – –Chemicals regulation – –Waste minimization – –Biodiversity?   Transnational organization of actors play a growing role (environmentalists, business, science, bureaucrats)   Issues of policy integration (agriculture, transport, energy) still unresolved, on the agenda Future of EU Environmental Policy

13. 13 Challenges of EU Accession and the Environment   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 Harmonization   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 Bulgaria: Air Emissions, 1990-1997