Acquis communautaire in Chapter 27 – Environment

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 principle of polluter pays - 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

Primary EU law EU is founded on the four agreements: Treaty establishing the European Coal and Steel Community – April 18, 1951, in Paris Treaty establishing the European Economic Community (EEC) – March 25, 1957, in Rome Treaty establishing the European Atomic Energy Community (EURATOM) – signed in Rome together with the Treaty establishing the European Economic Community Treaty on European Union – Febrauray 7, 1992, Maastricht

Acts of the European Community Binding acts: Regulations Directives Decisions Unbinding acts: Recommendations Opinions

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 also includes horizontal issues (Environmental impact assessment (EIA), Strategic Environmental Assessment (SEA), environmental liability, environmental information,) and legislation related to air quality, water, waste management, nature protection, industrial pollution and risk management, chemicals, climate change and noise. Includes also several international agreements.

Horizontal legislation Environmental impact assessment (EIA), (2011/92/EU) Strategic Environmental Assessment (SEA) (2001/42/EC) access to environmental informations (2003/4/EC)

Chemicals REACH regulation (registration, evaluation, authorization and restriction of chemicals) 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, 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)

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.)

Water Water Framework Directive (2000/60/EC) WFD – 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

IPPC   Industrial pollution 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 (selection of raw materials, clean production), management of pollution caused by production process, best available techniques (BAT) and public participation

Air Air Quality Framework Directive 2008/50/EZ – rules on clean air, plans and programs, monitoring procedures Directive on Substances that Deplete the Ozone Layer Directive on Volatile Organic Compounds (VOC)

Noise Directive on the Assessment and Management of Environmental Noise (2002/49/EC) – requires strategic noise mapping by member states for places with more than 250,000 inhabitants, for all major roads which have more than 6 million vehicles transit a year, for major railways which have more than 60,000 train passages per year and for major airports in their area The Directive also requires the Member States to draw up Noise Action Plans

Climate change there are several legal decisions in the EU in relation to climate change: the monitoring of greenhouse gases, system of emissions trading, reducing emissions, storage of carbon dioxide, protection of the Ozone Layer

Negotiations of the EU and the Republic of Croatia Chapter 27 – Environment Air quality Waste management Water quality Nature protection Industrial pollution, control and risk management Chemicals and GMO Noise from vehicles and machinery Nuclear safety and radiation protection Civil protection Climate change

Željka Leljak gracin, zelena akcija / FoE croatia THANK YOU FOR YOUR ATTENTION! Željka Leljak gracin, zelena akcija / FoE croatia