Cohesion funds projects in the light of EU Environmental policy & acquis Michal NEKVASIL European Commission, DG Environment Cohesion Policy and Environmental Impact Assessments Unit Prague, February 2005

2 Cohesion fund projects submitted to the Commission in 2004 (results of the first inter-service consultation) Projects with no environmental problems Projects with major env. problems The Czech Republic New EU Member States 29106

3 What is the Cohesion Fund for (an example to begin with) Compliance with the EU water policy (the Urban Waste Water Directive) is investment demanding a transitional period agreed with the Czech Republic + Cohesion fund used to (re)construct WWTPs and sewerage systems In other words: Cohesion Fund is a tool to help Member States implement the EU policy and legislation (besides others in the area of environment)

4 DG ENV assessment is based on: EU environmental policies EU environmental legislation Council decision of 24/09/1998 – …new investments (in particular the ones receiving EU funding) should be in line with environmental acquis… Transitional periods on environmental legislation agreed prior to accession

5 EU environmental policies Sustainable Development Strategy 6th Environmental Action Program - Tackling climate change - Nature & biodiversity - Environment & health - Sustainable use of natural resources & waste management Integration of environment into other EU policies

6 6th Environmental Action Program Thematic strategies Marine Soil Pesticides Air pollution Urban environment Resource use and management Waste prevention and recycling

7 Key EU environmental legislation in relation to Cohesion fund projects EIA and SEA Natura 2000 (Habitats and Birds directive) Water legislation Waste legislation COMPLIANCE WITH NATIONAL LEGISLATION IS NOT ENOUGH!

8 Transitional periods on environmental legislation agreed prior to accession Urban Waste Water Directive - 31/12/2006 for agglomerations > PE - 31/12/2010 for agglomerations > PE Packaging - 31/12/2012 for attaining all the recovery and recycling targets Waste Electrical and Electronic Equipment - 31/12/2008 for attaining the separate collection, and recovery targets

9 Commission decisions on co-funding Projects have to comply with article 8 of Cohesion Fund Regulation 1164/94 (article 12 of the Structural Fund Regulation 1260/99) This compliance is checked by relevant Directorates-General (DG REGIO, Legal Service, DG ENV, DG MARKT, DG COMP, etc.) in an inter-service consultation

10 Timing for submission of a proposal Studies Work Dev consent EIA Prep. work AVOID SUBMITTING PROJECTS AT TOO EARLY STAGE !

11 Specific problems in the Czech Cohesion Fund projects Natura list of sites approved only on 22/12/ declaration of the competent authority + maps missing EIA - exclusion of projects from the scope of the directive - screening of Annex II projects not according to Annex III criteria Point 6.7 of the application form - estimated proportion of total cost attributable to mitigation measures can never be 100% Sewage sludge and industrial waste water pre-treatment - insufficient information An amended application form is not acceptable

12 What we have achieved so far in (integration of the environment in the cohesion policy) Around 16% foreseen for environment in Objectives 1 & 2 in (in EU15) 50% of the Cohesion Fund set aside for environmental infrastructure in EU25 Increase by 75% of expenditure on environment from period in EU15 Around 8.5 billion for EU for environment for SF, CF, ISPA, PHARE & SAPARD

13 Best practice – use of Cohesion funds in the waste water sector Dublin Bay wastewater plant - completed in summer largest EC co-financed wastewater project - provides clean wastewater for 1.6 million people - meets EC effluent and sludge quality standards - environment friendly by-products (fertilizer and biogas) - over 40/200 million from the polluter pays principle - provided 40 new permanent jobs - for more info:

14 Best practice – use of Cohesion funds in the waste sector Integrated waste management project in Portugal - separate collection of municipal waste - sorting stations - transfer stations - closing of illegal landfills, construction of new landfills - awareness-raising campaign - a following stage: composting - for more info: Águas de Portugal:

15 THANKS FOR YOUR ATTENTION ! Contact in DG Environment: