. SCOPE OF THE CHAPTER 27 – ENVIRONMENT Željka Leljak Gracin, lawyer FoE Croatia ETNAR Webinar 24-25th February 2016

Lecture content Acquis communautaire Criteria for membership EU environmental policy Acquis communautaire Chapter 27 – overview of the scope

Criteria for membership Political – stability of institutions guaranteeing democracy, the rule of law, respect for human rights and minority rights and adherence to the aims of the EU Economic- existence of a functioning market economy and the ability of market factors to cope with competitive pressure and market laws within the EU Legal- adoption of the entire acquis (acquis communautaire), implementation and application Administrative - adaptation of appropriate administrative structures to ensure the conditions for the gradual and harmonious integration

EU environmental policy objectives and principles for the implementation of environmental policy are set out in Treaty on European Community, Head XIX Implementation of environmental policy is based on: - The principle of precaution and preventive action - The integration of environmental protection into all other development policies - The polluter pays principle - Preventing pollution at the source - Shared responsibility of all participants in the development - Promoting sustainable development

Acquis communautaire primary Community law: treaties on the establishment of the community and the general principles of law secondary Community law: - Regulations (EC) - Directives (EC) - Decisions (EC) - Recommendations, Opinions unwritten Community law: - fundamental rights in the Community - principles of constitutionality - customary law international agreements which are signed by EU international agreements between member states

Regulations Regulations - acts of general application that are fully binding and directly applicable in the member states - to unify the law of the member states they are not incorporated into national law, but they are applied directly as European regulations based on its publication in the Official Journal of the EU they replace national legal norms, states are required to abolish existing norms of its legal system that conflict with regulations

Directives Directives – acts in terms of the results that they realized binding on each member state to which they referred, but leave the national authorities the choice of form and methods Directives serve to approaching and not to a full approximation of internal law of the member states

Chapter 27 – acquis communitaire legislation related to air quality, water, waste management, nature protection, industrial pollution and risk management, chemicals, GMO, forestry, climate change and noise. also includes horizontal issues (Environmental impact assessment (EIA), Strategic Environmental Assessment (SEA), environmental liability, environmental information

Chapter 27 – acquis communitaire Over 2oo major legal acts Strong and well equiped administration at national and local level Big investment + Environment incorporated into other chapters

Waste management Waste Framework Directive (2008/98/EC) + legislation on landfill of waste, shipment of waste and numerous special waste streams (batteries and accumulators, end-of-life vehicles, waste electrical and electronic equipment, packaging and packaging waste etc.)

GMO Directive 2001/18/EC on the deliberate release of GMOs into the environment Regulation (EC) 1829/2003 on genetically modified food and feed Directive (EU) 2015/412 amending Directive 2001/18/EC as regards the possibility for the Member States to restrict or prohibit the cultivation of GMOs in their territory Regulation (EC) 1830/2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms Directive 2009/41/EC on contained use of genetically modified micro-organisms Regulation (EC) 1946/2003 on transboundary movements of GMOs

Chemicals REACH Regulation (registration, evaluation, authorization and restriction of chemicals) EC 1907/2006 CLP Regulation (EC) no. 1272/2008 contains provisions on the classification, labeling and packaging of substances and mixtures Regulations concerning the export and import of chemicals, reduction of persistent organic pollutants, biocides, pesticides, cosmetics, animal tests....

Nature protection The Birds Directive (2009/147/EC) and The Habitats Directive (92/43/EEC) In accordance with these guidelines, the protected areas - especially Natura 2000 areas, need to be identified and measures for protection need to be implemented (+ consider them in all sectors)

Water Water Framework Directive (2000/60/EC) – based on the principles of integrated river basin management and the participation of the public in the decision making process is the main legal arrangement that aims to protect and improve the quality as well as the quantity of all water bodies in the EU + Drinking Water Directive (98/83/EC), action plans...

Industrial pollution, control and risk management   Directive on Integrated Pollution Prevention and Control (IPPC) 2008/1/EC - regulates the issues on integrated permit system,  prevention of pollution during the production phase management of pollution caused by production process, best available techniques (BAT) and public participation - IPPC Directive was repealed with effect from 7 January 2014 by Directive 2010/75/EU on industrial emissions - IED - entered into force on 6 January 2011 and had to be transposed by Member States by 7 January 2013.

Air Air Quality Framework Directive 2008/50/EC on ambient air quality and cleaner air for Europe – rules on clean air, plans and programs, monitoring procedures Directive on Substances that Deplete the Ozone Layer, Directive on Volatile Organic Compounds (VOC)......

Noise Environmental Noise Directive 2002/49/)EC  relating to the assessment and management of environmental noise (the Environmental Noise Directive – END) – noise maps and action plans 3 areas: – the determination of exposure to environmental noise ensuring that information on environmental noise and its effects is made available to the public preventing and reducing environmental noise where necessary and preserving environmental noise quality where it is good

Climate change Greenhouse Gas Monitoring and Reporting EU Emissions Trading System Effort Sharing Decision Carbon Capture and Storage Transport/Fuels Ozone Layer Protection Fluorinated gases Forests and Agriculture

Horizontal legislation Environmental impact assessment (EIA), (2011/92/EU) – amanded 2014/52/EU Strategic Environmental Assessment (SEA) (2001/42/EC) Access to environmental information (2003/4/EC)

Usefull links http://eur-lex.europa.eu/ http://ec.europa.eu/ http://www.justiceandenvironment.org/

Željka Leljak Gracin, Zelena akcija / FoE Croatia THANK YOU FOR YOUR ATTENTION! Željka Leljak Gracin, Zelena akcija / FoE Croatia