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Dr Cameron Easton Spatial Information Policy & Standards Efficiency and Transformational Government Division INFRA 44941 Baku 28 th October2011 The EU.

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Presentation on theme: "Dr Cameron Easton Spatial Information Policy & Standards Efficiency and Transformational Government Division INFRA 44941 Baku 28 th October2011 The EU."— Presentation transcript:

1 Dr Cameron Easton Spatial Information Policy & Standards Efficiency and Transformational Government Division INFRA 44941 Baku 28 th October2011 The EU Treaty and EU Environmental Legislation Summary and Main Principles

2 Environment and the EU Treaties: A brief history Rome 1958: No specific mention of environment 1972 onwards - Environment Action Programmes (Currently 6 th Programme 2002-2012) Initial Directives – Air, water, noise, nature conservation, waste management Single European Act 1987 Policy in sphere of environment Defined principles for environmental action, established objectives. Maastricht Treaty 1993 Articles 174-176 Key initiative – defined sustainable development as key policy, and precautionary principle Amsterdam Treaty 1997 (Reiterates sustainable development as key policy and defines high level of international development Lisbon Treaty 2007 Key policies reiterated 2010 – Key Directives renewed to comply with Lisbon Treaty

3 United Nations Conference on Environment and Development (UNCED) Earth Summit resulted in the following documents: Rio Declaration on Environment and Development Agenda 21 Convention on Biological Diversity Forest Principles Framework Convention on Climate Change Rio 92; Earth Summit, etc Environment and the EU: Some International context # 1 Sustainable Development and Climate Change Leads directly to definition of sustainable development as key policy In Maastricht 1993

4 Convention on Biological Diversity (Rio) – Adopted 1992; in force 1993 Conservation of Biological Diversity Sustainable use of its components Fair and equitable sharing of benefits from use of genetic resources Protocol on Protection of Biosafety (Cartagena) – Adopted 2002; in force 2003 Convention on International Trade in Endangered Species (CITES) - 1973 Convention on protection of wetlands (RAMSAR) - 1975 Convention on Migratory Species (Bonn) - 1985 World Heritage Convention - 1971 EUROPEAN COMMISSION Preparation of Action Plans Prepare inventories of biological information for species and habitats Assess conservation status Create targets for conservation and restoration Establish budget, timelines and international partnerships Pan-European Biological and Landscape Diversity Strategy (1994) COUNCIL OF EUROPE Ratified by 191 countries (2009) Responsibility of Contracting Parties Create and enforce National Strategies Create Action Plans to: Conserve, protect, enhance biological diversity Implement thematic work programmes on ecosystems e,g, forest, mountain, inland water, dry/sub-humid lands etc Deal with cross-cutting issues e.g. climate change, invasive alien species, tourism etc Environment and the EU: Some International context # 2 Biodiversity and species protection

5 Convention on Conservation of European Wildlife and Natural Habitats (Berne) Conservation and sustainable use of wetlands Adopted 1971 Came into force 1975 Convention on Conservation of Migratory Species of Wild Animals (Bonn) Conservation of Migratory Species and their Habitats Adopted 1979. Came into force 1985 Ecological network of Areas of Special Conservation Interest Created 1996. Under development 2009 Convention on Wetlands of International Importance (Ramsar) Conservation of Wild Plant and Wild Animal species and their habitats Adopted 1979. Came into force 1982 NATURA 2000 EMERALD NETWORK Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora Council Directive 79/409/EEC on the conservation of wild birds EUROPEAN UNION Convention on Conservation of European Wildlife and Natural Habitats COUNCIL OF EUROPE Environment and the EU: Some International context # 3 Nature Conservation

6 Espoo Convention 1991 Convention on Environmental Impact Assessment in a Transboundary Context Helsinki 1992 Convention on Watercourses and International Lakes, 1992. River basin conventions (Danube, 1987; Elbe, 1990; Oder, 1996; Rhine, 1999). Barcelona Convention, 1976 (as amended) and its protocols Protection of the Mediterranean through Integrated Coastal Zone Management OSPAR Convention, 1992 (as amended) Protection of North East Atlantic Bonn Agreement 1983 Co-operation in Dealing with Pollution of the North Sea by Oil and other Harmful substances, 1983 Helsinki Convention on the Baltic Sea, 1992 Environment and the EU: Some International context # 4 Water protection

7 # 5 Public Information Environment and the EU: Some International context Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (the Aarhus Convention), 1998 European Information Systems Global Monitoring for Environment and Security (GMES) Through remote sensing/earth observation Shared Environment and Information System (SEIS) Partnership between EC and EEA Infrastructure for Spatial Information in Europe (INSPIRE Directive 2007 Common standards and geoportal for data Directive on Access to Environmental Information 2003 Right of access to environmental information The Public Participation Directive 2003 Right of participate in drawing up plans and programmes including waste, air quality and nitrate pollution

8 Overview and main principles #1 EU Environment Policy The overall principles are defined and fixed by Maastricht –Articles 2, 95 and 174 1. Community policy on the environment shall contribute to pursuit of the following objectives: preserving, protecting and improving the quality of the environment, protecting human health, prudent and rational utilisation of natural resources, promoting measures at international level to deal with regional or worldwide environmental problems. 2. Community policy on the environment shall aim at a high level of protection based on: the precautionary principle preventive action should be taken environmental damage should as a priority be rectified at source the polluter should pay. 3. In preparing its policy on the environment, the Community shall take account of: available scientific and technical data, environmental conditions in the various regions of the Community, the potential benefits and costs of action or lack of action, the economic and social development of the Community as a whole and the balanced development of its regions. 4. Within their respective spheres of competence, the Community and the Member States shall cooperate with third countries and with the competent international organisations. The arrangements for Community cooperation may be the subject of agreements between the Community and the third parties concerned, These shall be negotiated and concluded in accordance with Article 300

9 Main principles tackling climate change; nature and bio-diversity — protecting a unique resource; environment and health; and sustainable use of natural resources and management of wastes EU Environment Policy Overview and main principles # 2 These Principles are refined by the detailed Environment Action Programmes Currently Sixth Environmental Action Programme 2002 - 2012 Seven thematic strategies: Air Pollution, Prevention and Recycling of Waste, Protection and Conservation of the Marine Environment, Soil, Sustainable Use of Pesticides, Sustainable Use of Resources, Urban Environment.

10 EU Environment Policy Overview and main principles # 3 Consequently – Environmental Policy at EU level is complex – with many initiatives

11 EU Environment Policy Role of Environment Legislation Legislation is the fundamental basis of environment policy Types of European Legislation: 1. Regulations Binding, directly applicable in all Member States, immediately enforceable at Member State level before national courts. Normally adopted to provide legislation on issues requiring uniform provisions throughout the Community. 2. Directives Addressed to Member States and impose upon them an obligation to achieve a specific result within a certain period of time. Up to the Member States to decide Member States must transpose directives’ provisions into domestic legal orders Up to each Member State to decide what kind of legislative act is more appropriate to achieve the imposed result as long as the transposition is ‘complete’ and ‘correct’. 3. Decisions Not legislative instruments aimed at the general public, unlike the regulations. Are binding in their entirety, unlike the directives, upon those to whom they are addressed. For example - the Decision for the Sixth Environmental Action Programme, which obliges the European Commission to present Thematic Strategies within a given time and including certain elements.

12 EU Environment Policy Role of Environment Legislation Legally binding Environmental Legislation can be enforced Stages of the infringement procedure: 1) A suspected Infringement may be triggered by: Complaints launched by citizens, Environmental NGOs, corporations Direct initiative by the Commission Petitions and Questions by the European Parliament Non-communication of the transposition of Directives by Member States 2) Formal Letter of Notice (Art. 226) 3) Reasoned Opinion (Art. 226) 4) Referral to the European Court of Justice (ECJ) (Art. 226) 5) ECJ Judgement (Art. 226) 6) Proceedings, Financial Penalties (Art. 228)

13 EU Environment Legislation Overview Air Quality Water Protection Chemicals and GMOs Industrial Pollution Control Waste Management Nature Protection Noise Civil Protection Horizontal Themes Environmental Legislation can be considered in 9 main themes And can be summarised ……………….

14 EU Environment Legislation Overview There is a lot of EU Environmental Legislation !!!! (At 2008)

15 EU Environment Legislation Making Sense of the Legislation ….? Handbook on the implementation of EC environmental legislation 2007 EU Environmental Policy Handbook 2005 Sourcebook on EU Environmental Law 2010 1102 pages! 389 pages Only 343 pages

16 1. Air Quality Main Principles Main Aims: Define and establish objectives for ambient air quality in the Community designed to avoid, prevent or reduce harmful effects on human health and the environment as a whole. maintain air quality where it is good and to improve it in other cases Air quality standards need to be: Effects-based Ambient air quality standards set according to scientifically observed or estimated effects on human health and/or on the environment. They are not based on the technological or economic feasibility of achieving them. Universal The same standards apply in general throughout the EU. However, provision needed for special zones (e.g. for nature protection) Practical The difficulty of achieving compliance with standards within a short time leads to the recently introduced concept of margins of tolerance or (in earlier legislation) timescales for compliance. Main Principles: Use of Best available techniques not entailing excessive cost (BATNEEC). S eeks a balance between using state-of-the-art techniques (including technology) to minimise emissions, and the cost of doing so. Polluter pays principle. Potential polluters should in general bear the costs of pollution prevention and control measures attributable to them, as well as of remediation. Integrated approach. Measures taken to reduce air pollution at one point or in one area should not lead to an increase in air pollution elsewhere, or to an increase in pollution of another environmental medium (based on the NOTE – This is based on the principles of integrated pollution prevention and control (IPPC).

17 Air Quality Legislation: Categories ambient air; quality of fuels; automotive exhaust and type-approval; greenhouse gases and trading scheme; emission of Volatile Organic Compounds (VOCs), In 2005 the EC adopted a thematic strategy on air pollution 1. Air Quality Main Themes

18 1. Air Quality Air Quality Legislation – By Theme 1. Ambient air quality assessment and management: The Air Quality Framework Directive 1996/2003 The Sulphur Dioxide, Nitrogen Dioxide and Lead in Ambient Air Directive 1999 The Benzene and Carbon Monoxide in Ambient Air Directive 2000 The Ambient Air Ozone Directive 2002 Note Above Directives merged: Directive 2008/50/EC on ambient air and cleaner air for Europe. Heavy Metals in Ambient Air Directive 2004 The National Emission Ceilings Directive 2001 2. Quality of Fuels The Directive on Sulphur Content of Liquid Fuels 1993/1999/2003/2005 The Directive on the Quality of Petrol and Diesel Fuels 1993/1998/2000/2003 3. Automotive exhaust and type-approval: The Directive on Emissions from Engines to be Installed in Non-Road Mobile Machinery 1997/2001/2002/2004 Directive on Gaseous Pollutants from Petrol and Diesel Fuelled Vehicles 2005/06 Regulation on Type Approval of Motor Vehicles regarding Emissions from Vehicles 2007 The Consumer Information on Fuel Economy and CO2 Emissions for New Passenger Cars Directive 1999/2003 4. Greenhouse gases and trading scheme: The Greenhouse Gas Emission Trading Directive 1996/2003/2004 The Decision on Monitoring Carbon Dioxide and other Greenhouse Gas Emissions 2004 The Regulations on Certain Fluorinated Greenhouse Gases 2006/2007 5. Emission of Volatile Organic Compundss: The Directive on VOC Emissions resulting from Storage and Distribution of Petrol 1994/2003 The Directives on Volatile Organic Compounds (VOCs) 1999/2003/2004 The Decision on the Protocol on Long-Term Financing of EMEP 1986

19 Directive 2008/50/EC on ambient air quality and cleaner air for Europe This Directive includes the following key elements: The merging of most existing legislation into a single directive (except for the fourth daughter directive) with no change to existing air quality objectives. New air quality objectives for PM2.5 (fine particles), including the limit value and exposure-related objectives exposure concentration obligation and exposure reduction target. The possibility to discount natural sources of pollution when assessing compliance against limit values. The possibility for time extensions of three years (PM10) or up to five years (NO2, benzene) for complying with limit values, based on conditions and the assessment by the European Commission. Candidate countries are strongly advised to integrate the framework directive and its four daughter directives in one legislative framework as the logic is the same and the provisions are very similar. 1. Air Quality Air Quality Key Legislation The CAFÉ (Clean Air for Europe) Programme provides technical analysis and policy development. The IPPC Directive (96/61/EEC) requires a system of permits for certain industries, which include emission limits and application of Best Available Techniques. NOTE – There is much cross-over between Environmental Directives

20 1. Air Quality Air Quality: Examples of Targets This is an example of the type of targets set for Member States as defined by EU environmental legislation

21 1. Air Quality Air Quality: Examples of Targets This is an example of the type of Organisational structure/responsibilities required by Member States as defined by EU environmental legislation

22 2. Water Protection Main Principles The main principles of EU Water Policy are: High level of protection Precautionary principle Preventive action Rectification of pollution at the source Polluter pays principle Integration of environmental protection requirements into the definition and implementation of other Community policies — e.g. industry, agriculture, transport and energy The promotion of sustainable development Two main approaches are used: The water quality objective approach (WQO) defines the minimum quality requirements of water to limit the cumulative impact of emissions, both from point sources and diffuse sources. The emission limit value approach (ELV) focuses on the maximum allowed quantities of pollutants that may be discharged from a particular source into the aquatic environment.

23 2. Water Protection Water protection Legislation The Urban Waste Water Treatment Directive 1991 Urban waste water treatment The Nitrates Directive 1991 Pollution caused by nitrates from agricultural sources The Groundwater Directives 1980/2006* Protection of groundwater from pollution and degradation The Drinking Water Directive 1998 Quality of water for human consumption The Water Framework Directive 2000 Provides a framework for action. NOTE - Subsumes some earlier Directives and other Directives marked * from 2013 The Dangerous Substances Directive 1996/2006* Control of dangerous substances discharged into aquatic environment The Bathing Water Directive 1976/2006 Protection of bathing waters The Freshwater Fish Directive 2006* quality of freshwaters needing protection or improvement in order to support fish life The Shellfish Water Directive 1979/2006* quality required of shellfish waters Floods Directive 2007 assessment and management of flood risks

24 2. Water Protection Key Legislation: Water Framework Directive Water Framework Directive (2000/60/EC): Rationalises and updates existing water legislation, Gradually replaces the ‘old water directives’ (e.g. urban waste water, freshwater fish and drinking water). Provides long-term, co-ordinated framework for water management Aims to improve water quality, Reduces risks (for example from drought or flooding), Aims to stop the deterioration of wetlands and such ecological habitats. Takes a “combined approach” to pollution control: limiting pollution at source by setting emission limit values or other emission controls; establishing water quality objectives for water bodies; or providing for control of certain diffuse impacts. Expands scope of water protection to all waters: surface waters, including coastal waters, and groundwater; Aims to achieve "good status" for all waters by a certain deadline, and preserve such status where it already exists; Water management based on river basins, with a "combined approach" of emission limit values and quality standards, Appropriate co-ordination provisions for international river basin districts where river basins are located in more than one Member State and/or also involve territory of non-Member States; Aims to set prices for water use taking into account the principle of cost recovery and in accordance with the polluter pays principle; Aims to get citizens involved more closely;

25 2. Water Protection Key Legislation: Floods Directive 2007 Reasons for Directive: Between 1998 and 2004 Europe suffered over 100 major floods (with catastrophic floods along the Danube and Elbe rivers in 2002); these caused some 700 fatalities, displaced half a million people, and cost over €25 billion in insured economic losses. Main Requirements of Directive: Assess if all water courses and coast lines are at risk from flooding, Map the flood extent and assets and humans at risk in these areas Take adequate and coordinated measures to reduce this flood risk. flood risk management plans focused on prevention, protection and preparedness Directive applies to inland waters as well as all coastal waters across the whole territory of the EU. Directive shall be carried out in coordination with the Water Framework Directive, notably by flood risk management plans and river basin management plans being coordinated, This Directive also reinforces the rights of the public to access this information and to have a say in the planning process. Member States shall furthermore coordinate their flood risk management practices in shared river basins, including with third counties Member States shall in take into consideration long term developments, including climate change, as well as sustainable land use practices in the flood risk management cycle

26 2. Water Protection Water Legislation – Reporting Requirements This is an example of the type of Monitoring/Reporting responsibilities required by Member States as defined by EU environmental legislation

27 2. Water Protection Water Framework Directive Read Across to other EU Environmental Legislation The Water Framework Directive specifically requires That measures in river basin management plans must include those which give full effect to the provision of the IPPC Directive in relation to industries and activities specified in Annex I to the IPPC Directive. Natura 2000 aims to protect a network of habitats throughout Europe and the flora and fauna they support, including specific protection for birds. Satisfactory water quality is an essential factor in such areas. Both are specifically pertinent to identification of protected areas for inclusion in river basin management plans under the Water Framework Directive, and are material to measures to be adopted in programmes of measures for river basin districts under the Water Framework Directive.

28 2. Water Protection Water Framework Directive Read Across to wider EU Environmental Policy

29 3. Chemicals and GMOs Main Principles Main Aims: The classification, packaging and labelling of dangerous substances Specifying and providing a warning system for certain classes of intrinsic hazard, pertaining to chemical substances related either : directly to human health (toxicological properties) and the environment, indirectly to the risk to humans from so-called physico-chemical properties such as flammability or explosivity. To establish a common system across EU Member States and so prevent barriers to trade by the introduction of different national standards.

30 Chemicals: Legislation #1 3. Chemicals and GMOs The Chemicals Asbestos Directive 1987/2003 prevention and reduction of environmental pollution by asbestos Decision on the Montreal Protocol (Depletion of the Ozone Layer) 1988 protection of the ozone layer The Regulations on Ozone Depleting Substances 2000 control of substances that deplete the ozone layer The Biocides Directive 1998/2003/2006/2007 concerning the placing of biocidal products on the market, The Regulation on the Export and Import of Dangerous Chemicals 2003/2004 concerning the export and import of dangerous chemicals Regulation on Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) 2006 establishing a European Chemicals Agency

31 3. Chemicals and GMOs Chemicals: Legislation #2 Directive on the classification, packaging and labelling of dangerous substances (Commission Directive 67/548/EEC)178 Decision 1999/314/EC of 9 April 1999 concerning the questionnaire relating to Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances Decision 2002/654/EC specifying the methodology for determining the consumption quantity of hydrochlorofluorocarbons Regulation (EC) No 2039/2000 as regards the base year for the allocation of quotas of hydrochlorofluorocarbons Commission Regulation (EC) No 2364/2000 of 25 October 2000 concerning the fourth list of priority substances as foreseen under Council Regulation (EEC) No 793/93 Commission Regulation (EC) No 2161/1999 of 12 October 1999 imposing further testing requirements on the importers or manufacturers of a certain priority substance as foreseen under Council Regulation (EEC) No 793/93 on the evaluation and control of the risks of existing substances

32 3. Chemicals and GMOs GMOs etc: Legislation #1 GMOs The Directive on Contained Use of Genetically Modified Organisms 1990/198/2001/2005 contained use of genetically modified organisms The Genetically Modified Organisms Deliberate Release Directive 1990/2001/2002/2003 Deliberate release into the environment of genetically modified organisms Animal Experiments and Good Laboratory Practice The Directive on the Protection of Animals Used for Experimental and Other Scientific Purposes 1986/2003 approximation of laws, regulations and administrative provisions of the Member States regarding the protection of animals used for experimental and other scientific purposes The Directive on the Inspection and Verification of Good Laboratory Practice 2004 inspection and verification of good laboratory practice The Directive on the Application of the Principles of Good Laboratory Practice 2004 harmonisation of laws, regulations and administrative provisions relating to the application of the principles of good laboratory practice and the verification of their applications for tests on chemical substances

33 3. Chemicals and GMOs GMOs etc: Legislation #2 Council Decision 2002/812/EC on the summary information format relating to the marketing of genetically modified organisms as or in products Council Decision 2002/813/EC establishing a summary notification information format relating to the release of genetically modified organisms for purposes other than marketing Note that this Directive will be replaced by a proposed regulation. Commission Decision 2003/701/EC establishing, pursuant to Directive 2001/18/EC, a format for presenting the results of the deliberate release into the environment of genetically modified higher plants for purposes other than placing on the market Commission Decision 2004/204/EC laying down detailed arrangements for the operation of registers for recording information on genetic modifications in GMOs, provided for in Directive 2001/18/EC Regulation (EC) No. 1830/2003 concerning the traceability and labelling of GMOs and the traceability of food and feed products produced from GMOs Regulation (EC) 65/2004 establishing a system for the development and assignment of unique identifiers for genetically modified organisms Commission Decision of 27 September 2000 concerning the guidance notes for risk assessment outlined in Annex III of Directive 90/219/EEC on the contained use of genetically modified micro-organisms. Commission Decision 2002/623/EC establishing guidance notes supplementing Annex II to Directive 2001/18/EC. Council Decision 2002/811/EC establishing guidance notes supplementing Annex VII to Directive 2001/18/EC

34 Key Legislation 3. Chemicals and GMOs REACH is the new regulation on the registration, evaluation, authorisation and restriction of chemicals. It streamlines and improves the former legislative framework on chemicals of the European Union (EU). REACH makes industry responsible for assessing and managing the risks posed by chemicals and for providing appropriate safety information to their users. In parallel, the European Union can take additional measures on highly dangerous substances, where there is a need for complementary action at EU level. Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (2006

35 4. Industrial Pollution Control Main Principles Pollution or nuisance should be prevented at source rather than trying to counteract their effects; The effects on the environment should be taken into account at the earliest stage in planning and decision making; Exploitation of natural resources which causes significant damage to ecological balance must be avoided; The polluter must pay the costs of preventing and eliminating nuisances.

36 Industrial Pollution Control and Risk Management Legislation 4. Industrial Pollution Control The Large Combustion Plants Directive 2001/2006 limitation of emissions of certain pollutants into the air from large combustion plants The IPPC Directive 2008 integrated pollution prevention and control The Seveso Directive 1996 control of major-accident hazards involving dangerous substances The Eco-Management and Audit Scheme Regulation 2001 voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) The Eco-Label Regulation revised Community eco-label award scheme

37 Key Legislation: Integrated Pollution Prevention and Control Directive 2008 4. Industrial Pollution Control General Principles of IPPC Installations shall be operated in such a way that: all appropriate preventative measures against pollution must be taken, in particular through the application of best available techniques (BAT); no significant pollution shall be caused; waste production is avoided (the waste management hierarchy should be followed in accordance with the Waste Framework Directive (2006/12/EC, incorporating changes from amending Council Directives 91/156/EEC and 91/692/EEC and Commission Decision 96/350/EC); energy is used efficiently; necessary measures are taken to prevent accidents and limit their consequences; necessary measures are taken upon the cessation of activities to avoid pollution risk and to return the site of operation to a satisfactory state. The IPPC Directive does not itself set uniform Community-wide emission limit values, It makes applicable emission limit values provided through other EC directives, and provides for new emission limit values to be set where needed. Existing emission limit values are minimum requirements. Stricter limits must be used if best available techniques (BAT) NOTE – read across to other Directives

38 5. Waste Management Main Principles The Waste management hierarchy: Waste management strategies must aim primarily to prevent the generation of waste and to reduce its harmfulness. Where this is not possible waste materials should be reused, recycled or recovered, or used as a source of energy. As a final resort, waste should be disposed of safely (e.g. by incineration or in landfill sites).

39 Waste Management Legislation 5. Waste Management Waste Management: Framework Directive on Waste 2006 Hazardous Waste Directive 1991 Disposal of waste oils 1975/19871991/692 NOTE - Framework Directive on Waste 2008 replaces these three Directives Directives on waste from the titanium dioxide industry 1978/1982/1992/ Batteries and accumulators containing certain dangerous substances 2006 Packaging and packaging waste 1994 The disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT) 1996 Protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture 1986 Electrical and electronic waste 2002 End-of-Life Vehicles 2002 Port reception facilities for ship-generated waste and cargo residues 2002/2007 Management of waste from extractive industries 2006 Processes and Facilities: Incineration of waste 2000 Directive on the Landfill of Waste 1999 Transport, Import and Export : Shipments of waste Regulation 2006/2007. Rules and procedures applying to shipments of certain types of waste to non-OECD countries Regulations 2007

40 Key Legislation: Waste Framework & Hazardous Waste Directives The Waste Framework Directive and the Hazardous Waste Directive, require the competent authority in Member States to draw up waste management plans 5. Waste Management This is an example of the type of processing systems and responsibilities required by Member States as defined by EU environmental legislation

41 6. Nature Protection Main Principles Contributes to the Protection of biological diversity throughout the EU by ensuring that: Selected habitats and species are maintained at a “favourable conservation status”. Protection of threatened endemic, rare, vulnerable and endangered wild flora and fauna (including priority species for which EU has particular importance) within each Member State and throughout Europe as a whole. Protection of habitats of Community importance (including priority habitats for which EU has particular importance), which are in danger of disappearing in their local or regional range or are outstanding examples for bio-geographical regions of Europe. Contributions to the conservation of certain rare or threatened flora and fauna in countries outside Europe, by restricting trade in species.

42 Nature Conservation Legislation 6. Nature Protection The Habitats Directive 1992 conservation of natural habitats and of wild fauna and flora The Wild Birds Directive 1979 conservation of wild birds. The Skins of Seal Pups Directive 1983 importation into Member States of skins of certain seal pups and products derived therefrom.* The Regulations on Trade in Endangered Species 1997 protection of species of wild fauna and flora by regulating trade therein The Regulation on Imports of Cetacean Products 1981 common rules for imports of whales or other cetacean products. The Regulation on Leghold Traps 1991 prohibiting the use of leghold traps in the Community and the introduction into the Community of pelts and manufactured goods of certain wild animal species originating in countries which catch them by means of leghold traps or trapping methods which do not meet international humane trapping standards. Council Decision on Amendments to the Bonn Convention 1998 Concerning conservation of migratory species of wild animals The Zoos Directive 1999 keeping of wild animals in zoos. Regulation (EC) No. 2494/2000 on measures to promote the conservation and sustainable management of tropical forests and other forests in developing countries (2000) NOTE – This has affected Scotland as sealskin is used in the manufacture of a key part of our national dress ….. The Sporran!

43 Key Legislation: Habitats and Species and Birds Directives 6. Nature Protection The sites identified under the Habitats and Species and Birds Directives make up Natura 2000, the EU’s network of protected areas. This effectively is the cornerstone of EU policy for nature conservation. The Natura 2000 network includes three categories of sites: those hosting the habitat types of Community importance listed in Annex I of the Habitats Directive; those sites comprising the habitats of certain animal and plant species of Community importance listed in Annex II of the Habitats Directive; Special Protection Areas for birds classified by Member States under the Birds Directive. Natura 2000 contributes to the target to halt biodiversity decline by 2020 EU has committed to halting the decline in biodiversity by 2020, as part of the EU Sustainable Development Strategy. The target is also laid down in the legally binding Decision on the Sixth Environmental Action Programme (6th EAP) (EC 2002). The 6th EAP highlights nature and biodiversity as a top priority. Natura 2000 network 2011: 26.000 protected areas in all the Member States an area of more than 750.000 km2, 1 18% of the EU’s land area.

44 6. Nature Protection Key Legislation: Marine Strategy Framework Directive 2008 Aims to protect more effectively the marine environment across Europe. achieve good environmental status of the EU's marine waters by 2020 protect the resource base upon which marine-related economic and social activities depend. The Directive: establishes European Marine Regions on the basis of geographical and environmental criteria. Member States - cooperating with other Member States and non-EU countries within a marine region - are required to develop strategies for their marine waters. The marine strategies to be developed by each Member State must contain : a detailed assessment of the state of the environment, a definition of "good environmental status" at regional level the establishment of clear environmental targets and monitoring programmes. Each Member State must draw up a programme of cost-effective measures. Prior to any new measure an impact assessment which contains a detailed cost-benefit analysis of the proposed measures is required. Where Member States cannot reach the environmental targets specific measures tailored to the particular context of the area and situation will be drawn up. NOTE: The goal of the Marine Strategy Framework Directive is in line with the objectives of the 2000 Water Framework Directive 2000 which requires surface freshwater and ground water bodies - such as lakes, streams, rivers, estuaries, and coastal waters - to be ecologically sound by 2015 and that the first review of the River Basin Management Plans should take place in 2020.

45 Relation between biodiversity action plans and other EU Directives -1 CONSERVATION OF NATURAL AREAS Use of existing Directives/Regulations Integrated protection of water resources Water Framework Directive 2000/60/EC Full implementation of: Birds Directive 79?409/EEC Habitats Directive 92/43/EEC Natura 2000 network Outside protected sites Pollution from Nitrates Nitrates Directive 91/676/EC Pollution from land spreading Sewage Sludge Directive 91/676/EC Voluntary participation by private companies in community eco-management (EMAS) Regulation EEC/1836/93 Use of Structural Funds Directive 260/98 Directive 1164/94 Biotechnology Regulation Regulation 90/220/EEC Regulation 98/81/EC Regulation of GMOs Regulation 90/219/EC Eco-labelling e.g. for Tourism Regulation EC/1980/2000 6. Nature Protection

46 AGRICULTURE Use of Regulations under CAP To promote biodiversity in agriculture Common rules for direct support schemes and environmental protection Regulation 1259/1999 Good farming practice, including agri-environment Regulation EC/257/1999 Regulation EC/1750/1999 Pollution from Nitrates Nitrates Directive 91/676/EC Provision of set-aside in arable Regulation 1251/1999 Management of fruit and vegetables Regulation 2200/996 Extensification in beef cattle Regulation 1254/1999 Conservation and use of genetic resources Regulation 1467/94 Directive 95/98/EC Marketing of varieties from in situ conservation Directive 97/57/EC Directive 70/488/EEC Control of chemicals and plant protection Directive 91/414/EEC Annex VI criteria for impact on non-target species added Directive 97/414/EEC Stocking density in milk cattle Regulation 1255/1999 6. Nature Protection Relation between biodiversity action plans and other EU Directives -2

47 FISHERIES Use of Regulations under CFP To promote biodiversity in fisheries Marine Fisheries Aquaculture Aquatic animal health Directive 91/67/EEC Environmental Impact Assessment Directive 85/337/EEC Amended by: Directive 97/11/EEC Financing Aquaculture development Stricter rules than EIA Regulation 2792/1999 Management of juveniles Regulation 850/98 Baltic fisheries Regulation 88/98 Mediterranean fisheries Regulation 1624/95 Collection and management of data Regulation 1543/2000 Establishment of EC system for fisheries Provides management tools for regulation Regulation 3760/92 6. Nature Protection Relation between biodiversity action plans and other EU Directives -3

48 7. Noise Main Principles Main focus of noise policy is noise abatement through the use of mandatory technical standards for products. Most important legal tools consist of a set of directives establishing noise emission limits for particular products: motor vehicles, motorcycles, tyres, aeroplanes, household appliances and outdoor equipment. Two important new directives: cover: imposition of noise-related operating restrictions at airports; Creation of noise maps and action plans in order to reduce environmental noise.

49 Noise Prevention Legislation #1 Road Vehicles: Council Directive 70/157/EEC193 introduces limits on sound levels of road vehicles, and specifies procedures for measuring sound levels of exhaust systems and silencers. Council Directive 97/24/EC194 on certain components and characteristics of two- or threewheeled motor vehicles establishes limits for the permissible sound level of motorcycles, and requirements for exhaust or intake silencers. The directive also introduces harmonised testing procedures. In addition, Directive 2001/43/EC relating to tyres for motor vehicles and their trailers and to their fitting introduces limits on the noise generated where tyre meets road. 7. Noise Rail Directive 96/48/EC199 on the interoperability of the trans-European high-speed rail system, which has been detailed further through: Commission Decision 2002/735/EC200 on technical specifications for interoperability (TSI) relating to high-speed rolling stock; Commission Decision 2002/732/EC201 on technical specifications for interoperability (TSI) relating to high-speed railway infrastructure; Directive 2001/16/EC202 on the interoperability of the conventional trans-European rail system, supplemented by: Commission Decision 2004/446/EC203 specifying the basic parameters of the “Noise”, “Freight Wagons” and “Telematic applications for freight” technical specifications for interoperability referred to in Directive 2001/16/EC; Directive 2004/50/EC 204of 29 April 2004 amending Council Directive 96/48/EC and Directive 2001/16/EC; Commission Decision 2006/66/EC concerning the technical specifications for interoperability relating to the subsystem "rolling stock – noise".

50 Air Traffic: Directive 80/51/EEC on the limitation of noise emissions from subsonic aircraft (as amended by Council Directive 83/206/EEC) sets limits on noise emissions for aeroplanes registered in the territory of the Member States. Directive 83/206/EEC extends the application of Directive 80/51/EEC to cover aircraft from non-Member States flying to EU destinations. Directive 89/629/EEC of 4 December 1989 prohibits older noisy aircraft from being added to Member State registers. Directive 92/14/EEC on the limitation of the operation of aeroplanes covered by Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on International Civil Aviation (as amended by Council Directive 98/20/EC and 1999/28/EC) sets stricter rules on the operation of aircraft by submitting all aeroplanes operating in airports situated in the territory of the EU to international noise standards (Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition). Amending Directive 98/20/EEC clarifies certain provisions in the directive, including exemptions and applicability to non-EU aeroplanes. Commission Regulation (EC) No. 991/2000 amends the list of exempted aircraft in the annex to the directive. Directive 2002/30/EC of 26 March 2002 lays down procedures for the introduction by Member States of noise-related operating restrictions at EU airports and permits more stringent provisions for certain city airports. Directive 2006/93/EC of the European Parliament and of the Council of 12 December 2006 on the regulation of the operation of aeroplanes covered by Part II, Chapter 3, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988) (codified version). 7. Noise Noise Prevention Legislation #2

51 Key Legislation: Environmental Noise Directive 2002 Provides a common approach to the avoidance, prevention and reduction of the harmful effects of exposure to environmental noise. Seeks to harmonise noise indicators and assessment methods for environmental noise. Using these common indicators and assessment methods, it seeks to gather information in the form of strategic noise maps. Such information will be made available to the public and will form the basis for action plans at the local level. Aim is to develop a long-term EU strategy This need to include objectives to reduce the number of people affected by noise in the longer term, and provide a framework for developing existing Community policy on noise reduction from source 7. Noise NOTE – the present Directive does not set binding limit values, nor does it prescribe the measures to be included in the action plans those issues are at the discretion of the competent authorities.

52 8. Civil Protection Main Principles Support and supplement efforts at national, regional and local level with regard to disaster prevention, the preparedness of those responsible for civil protection and the intervention in the event of disaster; Contribute to informing the public with a view to increasing the level of self-protection among European citizens; Establish a framework for effective and rapid co-operation between national civil protection services when mutual assistance is needed; Enhance the coherence of actions undertaken at international level in the field of civil protection, especially in the context of co-operation with the Central and Eastern European candidate countries in view of enlargement and with partners in the Mediterranean region.

53 Civil protection Legislation # 1 8. Civil Protection Council Decision 2007/779/EC establishing a Community mechanism to facilitate reinforced co-operation in civil protection assistance interventions. Council Decision 2007/162/EC establishing the Civil Protection Financial Instrument. Commission Decision 2007/606/EC, Euratom, on the implementation of the provision on transport in Council Decision 2007/162/EC. Council Decision 2004/277/EC, Euratom, laying down rules for the implementation of Council Decision 2001/792/EC establishing a Community mechanism to facilitate reinforced co-operation in civil protection assistance interventions. Commission Decision 2008/73/EC, Euratom, amending Decision 2004/277/EC, Euratom, as regards rules for the implementation of the mechanism. Regulation (EC) No. 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing the European Maritime Safety Agency and its amending Regulation 724/2004.

54 8. Civil Protection Council Decision 98/685/EC of 23 March 1998 concerning the conclusion of the Convention on the Transboundary Effects of Industrial Accidents. Regulation (EC) No. 417/2002 of the European Parliament and of the Council of 18 February 2002 on the accelerated phasing in of double-hull or equivalent design requirements for single-hull oil tankers and repealing Council Regulation (EC) No. 2978/94. Council Decision 2002/762/EC of 19 September 2002 authorising Member States, in the interests of the Community, to sign, ratify or accede to the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (the Bunkers Convention). COM(2008)130 Communication on Reinforcing the Union’s Disaster Response Capacity. Commission Staff Working Document SEC(2007) 1721, Towards Better Protecting Citizens against Disaster Risks: Strengthening Early Warning Systems in Europ e. Council Directive 1996/82/EC on the control of major-accident hazards involving dangerous substances, as amended by Directive 2003/105/EC (see Section 7 of the Handbook). Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks. Civil protection Legislation # 2 NOTE – Read across to other Directives

55 9. Horizontal Themes Main Principles These are cross-sectoral Directives There is a read-across to many other Directives Many of them relate to the provision of better information to citizens

56 Main Horizontal Legislation 9. Horizontal Themes The Environmental Impact Assessment Directive 1985/1997/2003 Assessment of impact on environment before development consent given* The Strategic Environmental Assessment Directive 2001 Assessment by public authorities of the potential significant environmental effects of proposed plans and programmes* The Directive on Access to Environmental Information 2003 Right of access to environmental information (Aarhus) The Public Participation Directive 2003 Right of participate in drawing up plans and programmes including waste, air quality and nitrate pollution(Aarhus) The Environmental Liability Directive 2004 Preventing direct or indirect environmental damage Regulation on European Pollutant Release and Transfer Register 2006 The LIFE+ Regulation 2007 New mechanism continuing earlier co-funding environmental projects that contribute to the development and implementation of Community environmental policy and legislation. The INSPIRE Directive 2007 infrastructure for spatial information The Reporting Directive 1991 harmonisation of sector reports on the implementation of close to 30 directives in the air, water and waste sectors – every 3 years except Bathing Water (annually). The European Environment Agency Regulation 1990/1999/2003 Recommendation on Environmental Inspections in Member States 2001 This recommendation sets out minimum criteria for organising, performing, following up and publishing environmental inspections, but it should be noted that these criteria are not binding on the Member States. *Note - Guidance documents available

57 Key Legislation – Environmental Impact Assessment Strategic Environmental Assessment 9. Horizontal Themes The EIA Directive (85/337/EEC, amended and extended by 97/11/EEC and 2003/55/EC): Requires member states to incorporate EIA in their planning systems, Makes EIA mandatory for certain major ‘Annex I’ projects ( Eg transport infrastructure, industrial and extraction plants, housing and tourism developments, power stations, radioactive waste treatment, chemical installations). The EIA approach extended through the Strategic Environmental Assessment Directive (EC 2001/42/EEC). requires public authorities (and private providers of public services) to assess the potential significant environmental effects of their plans and programmes (including transboundary effects). SEAs mandatory for plans and programmes in the following sectors: agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications, tourism, town and country planning or land use. SEA covers such matters as: baseline data requirements and scoping, assessment of alternatives, screening processes for cases, protection objectives, and mitigation/monitoring measures.

58 9. Horizontal Themes Key Legislation – Environmental Impact Assessment This is an example of the type of process systems required by Member States as defined by EU environmental legislation

59 9. Horizontal Themes Key Legislation – LIFE + Programme LIFE+ comprises three thematic components: nature and biodiversity; environmental policy and governance; information and communication. LIFE + Budget is: EUR 2,143,409,000 for the period 1 January 2007 to 31 December 2013, Expenditure is about EUR 300 million per year. 78% of LIFE+ resources used to fund action grants for projects. Maximum rate of co-financing of action grants is 50% of eligible costs. In the case of projects related to the protection of priority habitats or priority species, LIFE+ may finance up to 75% of eligible costs. At least 50% of funds allocated to action grants for projects are reserved for nature conservation and biodiversity. At least 15% of funds allocated to action grants for projects are reserved for cross-border projects. LIFE + Programme is main funding mechanism for EU environmental policy

60 EU Environmental Legislation Some Conclusions # 1 Implementation of Legislation by Member states requires: transposition of legislation implementation enforcement 1. Transposition: Requires framework for co-ordinating legislative and administrative practice across different ministries with a view to achieving full implementation in law and practice. Legislative framework will necessarily incorporate consideration of regulatory activities. 2. implementation : Needs to be carried out by way of legally binding provisions. Needs reliable data collection systems; Needs effective systems and institutions for monitoring and reporting on emissions and environmental quality and inspection; Needs procedures and tools for raising the environmental awareness of industry and the public in order to secure understanding, co-operation and support for environmental measures; Institutions and procedures facilitating public participation in environmental management; 3. Enforcement Needs administrative and judicial recourse in relation to (actual and threatened) violations of environmental laws, These must be accompanied by appropriate systems of adequate and dissuasive fines and penalties and including provision for liability under criminal jurisdiction for serious violations;

61 EU Environmental Legislation Some Conclusions # 2 This means: Effective and efficient administrations, which need: clear competencies for the administration of environmental and related legislation; clear and efficient procedures for decision making and the implementation of decisions; sufficient staff to carry out tasks, including skilled professionals ranging from environmental scientists, engineers and ecologists to environmental law experts; training of staff and affected sectors of society; adequate funding of implementing and enforcement institutions. strong enforcement rights and capabilities. These mechanisms must be supported by: administrative mechanisms trained and motivated staff

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