Environmental Policies and StrategiesEnvironmental Policies in the European Community

In 1957 six European countries, Belgium, France, Italy, Luxembourg, the Netherlands and West Germany signed the Treaty of Rome, establishing the European Economic Community (EEC). The Treaty of Rome was a document which focused on economical, political and legislative problems.In February 1986 the 12 members of the early Community (Belgium, Denmark, France, West Germany, Greece, Ireland, Italy, Luxembourg, Great Britain, the Netherlands, Portugal and Spain) signed the Single European Act (SEA) the decisive step towards outlining an European environmental policy. The importance of the SEA in environmental problems it introduced for the first time two explicit references, concerning the influence of the Community in the area of environmental protection:

Article 100a- lays down the criteria of the environmental protection law. This article states the connection between the single market, the protection of the environment and work safety and health. Articles 130r, 130s and 130t- specify the goals, the means and the procedures used to adopt the law concerning the environment (unanimous decision);Article 130r establishes the objectives of the environmental protection policies in the European Community (EC):Preserving, protecting and enhancing the quality of the environment;Improving peoples health;Cautious and reasonable usage of the natural resources.The environmental policy of the European Union by adopting a number of simple measures : - less pollution; - the obvious need to take action in order to allocate financial responsibility for environmental damage. This leads to the following principles:

Article 130r establishes the objectives of the environmental protection policies in the European Community (EC):Preserving, protecting and enhancing the quality of the environment;Improving peoples health;Cautious and reasonable usage of the natural resources.The environmental policy of the European Union by adopting a number of simple measures : - less pollution; - the obvious need to take action in order to allocate financial responsibility for environmental damage. This leads to the following principles:

The Polluter pays principle: underlies the fact that the polluter bears the costs of the pollution control measures established by the public authorities; the cost of this measures will be reflected in the price of the goods and services that cause the pollution.The principle of preventive action: is based on the general rule Prevention is better than cure; The precautionary principle: states that one should implement precautionary measures when an activity threatens to affect the environment or human health, even though a cause-effect relationship is not scientifically proved; The sustainability principle: establishes that the EU environmental policies should pursue a high level of environmental protection;The integration principle: lays down that environmental protection requirements should be taken into account when defining and implementing other Community policies;The proximity principle: aims to encourage local communities to assume responsability for the wastes and pollution they produce .

Observation: the integration principle is the most important provision of the article. Environmental protection is the only section of the Community policy which imposes such demanding requirements. Article 130r includes the subsidiarity principle, which stipulates that the Community will act, only if its goals will be reached easier by acting at Community level, than by individual efforts of the member states At the same time the article admits partnerships with countries outside the European Community and international organization .

The highlight in the development of the environmental policy was the 1992 Rio Summit. EU committed itself quickly in the process of adopting new strategic approaches for economical sustainability, and the Treaty of Maastricht, adopted the same year, granted the environmental actions developed by the Union the status of policy for the first time. Through this Treaty, the Community intends to facilitate the development of a common market, an economic and monetary Union, the adoption of joint policies and actions and the furtherance of a high level of protection and improvement of the quality of the environment. In order to achieve all these, the Community action requires, among other things, a new environmental policy (art.3).

In 1987, through the amendments brought to the EEC Treaty, reinforced by the Treaty of Maastricht, a new official provision was added environmental protection was integrated into the Community policies.In 1972, the Commission submitted in front of the Council its first report on environmental policies. This report led to an intense debate on the means of approaching environmental problems (whether they should be dealt with at Community level or in the form of intergovernmental agreements between the member states by coordinating national environmental policies). The Commission, seconded by the European Parliament, was in favor of acting at Community level.The importance given by the Community to environmental protection could no longer be questioned after the Treaty of Amsterdam(1997) was adopted. First of all, the new treaty coined the concept of sustainable development.

Article 6 of the Amsterdam Treaty states that the environmental requirements must be taken into account when defining and applying Community policies and actions, so as to promote sustainable development. Thus, sustainable development becomes a key objective of the Union, and the principle of integration is the main mechanism in the process of achieving this goal. Also, the treaty simplifies the decision-making procedures and introduces the external dimension of environmental integration. Article 177 states that through the cooperation policy, which completes the other policies of the member states, the Community wants to achieve economic and social sustainability for developing countries.

I.1.The Evolution of The Environmental Policies in The European Community

The EU environmental policies are the results of the decision-making procedures established in the Community treaties. Community institutions operate under the subsidiarity principle and they count on the cooperation between the governments of the member states, non-governmental organizations, interest groups, various specialized organizations and, obviously, on the studies and reports provided by the European Environmental Agency.In the 50s, European policies sought to rebuild Europes prosperity and to ensure future peace, by creating a common trade area. Because of the economic growth, at the end of the 60s it became even clearer that drastic and effective environmental measure needed to be adopted.In 1970, the global dimension of pollution became obvious, and in 1973, after the Stockholm Conference (1972), the Community adopted the first environmental program.

This program has established the principles and the priorities which guide the future Community policies. The fundamental principles of the first European environmental action program have been included in the amendments of the Rome Treaty through the Single European Act.

The first and the second environmental action programs (1973-1977; 1978-1982)

The documents underlying the EU environmental policies are the Environmental Action Programs (EAP). The first and second environmental action programs established detailed list of actions, needed to control a wide range of pollution problems. Eleven principles were formulated, which remained valid in the further action programs (DG XI, 1992). 1.Prevention is better than cure. This became the most important principle of the following four environmental action programs. 2.Environmental impact assessment should be taken into consideration in the early stages of the decision-making process. 3.The means of exploitation which produce significant damage to the environmental balance should be prevented. 4.Scientific knowledge should be improved, so as appropriate measures to be taken.

5. The polluter pays principle; the cost of preventing and repairing environmental damage should be borne by the polluter. 6. The activities carried by a state should not produce damage to the environment of another state. 7.The environmental policies of the member states should be established by taking into account the interests of developing countries. 8.The European Community should promote environmental protection actions at international level, with the help of international organizations. 9.Everybody has the responsibility to protect the environment, that is why the people should be educated in this matter.10.The subsidiarity principle - the environmental protection measures must be implemented at an appropriate level, taking into account the type of pollution, the required action and the geographical area that needs protected.11.National environmental problems should be coordinated on the basis of joint, long-term concepts, and national policies should be harmonized within the Community.

The third environmental action program (1983-1986) The third environmental action program, 1983 the global strategy for environmental and natural resources protection in the European Community. There was a change of focus, the concept of pollution control made room for the pollution prevention one, and the concept of environmental protection was broadened to include: Land use planning;Corroborating environmental policies with other EC policies;Financing agricultural activities, regional economic development and helping the countries from Africa, Pacific and Caribbean Islands, according to Lom Convention (1989).

The fourth environmental action program (1987-1992)

Highlights four areas of activity:

1. Implementing effectively the existing Community legislation;2. Regulating the impact of pollution sources upon the environment;3.Increasing the public access to information and disseminating it;4.Creating new jobs.

The Fourth Environmental Action Program promotes an integrated approach to environmental policy and introduces the concept of "sustainable development.

The fifth environmental action program (1993-2000)

The fifth environmental action program, also called Towards Sustainability, transformed sustainability into an environmental strategy. Thus, environmental sustainability means:preserving life quality;maintaining unlimited access to natural resources;avoiding long-term damage of the environment;understanding sustainability as the capacity to meet the present needs, without affecting the ability of the future generations to fulfil their owns . Other new elements brought by EAP 5 are: - transforming the environmental policy into a policy based on consensus and consulting the stakeholders in the process of decision-making; - moving from an approach based on control to one based on prevention by using financial and fiscal means.

The sixth environmental action program (2001-2010) The sixth Environmental Program, also called Our Choice, our future, is the consequence of the overall evaluation process of the EAP 5 (2000) results and sets the environmental priorities for the present decade . 4 primary areas define the aims of this environmental policy: 1. Climate change and global warming- the objective is to reduce gas emissions, which are guilty for the greenhouse effect; the level of emissions has increased by 8% since 1990 (according to Kyoto protocol). 2. Protecting nature and biodiversity- the objective is to reduce the threats to endangered species and their habitats in Europe ; 3. Health in relation to the environment- its objective is to provide an environment that does not have a significant or dangerous impact on human health;

4. Conserving natural resources and waste management- its objective is to recycle wastes and to prevent their occurrence. EAP 6 maps out seven thematic strategies: soil protection, marine environment conservation and protection, pesticide usage in the context of sustainable development, air pollution, urban environment, wastes recycling, resource management and usage in the context of sustainable development.

Six strategies have been introduced as follows:

1. Air quality- a strategy introduced by the Clean Air for Europe (CAFE) 9 program, launched in March 2001 developing a strategic and integrated set of recommendations, with the aim to combat the negative effects of air pollution upon the environment and human health; the recommendations were put forward to the Commission at the end of 2004/ the beginning of 2005 and they underlie the strategy for combating air pollution.

2. Soil. In The Thematic Strategy on Soil Protection, April 2002, the European Commission treated the matter of soil protection, as an independent one and the existing problems were presented, along with the particular functions and features of such an environmental policy. 3. Sustainable use of pesticides. The Thematic Strategy on The Sustainable Use of Pesticides began in June 2002 . 4. Marine environment protection. The Thematic Strategy on The Protection and Conservation of Marine Environment was launched in October 2002 and it aims to protect and conserve marine ecosystems, oceans, estuaries, sea-coasts and biodiversity areas.

5. Waste prevention and recycling. This thematic strategy, which was launched in May 2003, treats recycling and waste prevention as separate matters. It investigates ways of promoting product recycling (when needed) and it analyses the best options by taking into consideration the cost-efficiency relation. 6. Urban Environment. This thematic strategy has set 4 primary topics:urban transport;sustainable urban management;construction management;urban architecture.An innovative aspect of EAP 6 is that it adopted an Integrated Product Policy, which aims to reduce the number of products which may damage the environment, thus creating an ecological product market.

I.2. Introducing the concept of sustainable development in the fifth Environmental Action ProgramThe overall aim of this program was to present the new EC strategies on the environment and the measures to be applied in the period 1992-2000 for sustainable development. The Towards Sustainability Program establishes long-term objectives, with a global approach. Political ContextOver a period of 20 years, the environmental policy of the Community was to elaborate a legal framework, whose main objective was and still is fighting pollution and protecting the environment.The founding treaty of EC, as amended by the Single European Act, established explicit stipulations, regarding the development and implementation of a Community Environmental policy.The Heads of States and Governments, who met at the Council on June 26 1990, promoted a new Action Program on Sustainable Development.

They proposed policies and strategies for continued economic and social development, without damaging the environment and natural resources, which are vital for human activities.The Treaty of Maastricht had as main objective promoting sustainable growth, without neglecting the environment. The 5th Environmental Action Program aims to transform the economic growth patterns, so that they could promote sustainable development. According to the program, the features of sustainability are: Preserving the quality of life; Maintaining continuous access to natural resources;Avoiding environmental damages with long-term effects;Considering development to be sustainable, if it leads to fulfilling the needs of the present society, without damaging the ability of the future generations to meet their own needs.

The program lays the foundations for a new approach to an environmental policy, based on the following considerations:adopting a new global attitude, which should cause some change at the level of various agents and activities that produce unwanted effects on natural resources or that pollute the environment; willingness to change the present courses and practices that affect the environment;encouraging change in social behavior, by engaging all the significant factors (public authorities, citizens, consumers, companies etc);implementing the concept of sharing responsibilities;using new environmental instruments. The community has the following priorities:natural resources long-term management: soil, water, rural areas and strands;integrated approach to pollution and waste prevention actions;

reducing consumption of energy produced from non-renewable sources;improving transport management, by creating efficient and non-pollutant means of transport; Improving citizens health and safety, mainly by industrial risk management, nuclear safety and protection against radiation. The program stresses the importance of the Community intervention in a number of selected target sectors. The target sectors are:Industry. The Community intends to improve the relations with the industry; to encourage voluntary agreements; to elaborate rational plans for resource management; to provide the consumers with more relevant information; to adopt Community standards for both manufacturing processes and for the products, avoiding distortion of competition, protecting the domestic market and maintaining the European competitiveness.

Energy Sector. Changes in this field are vital if sustainable development is to be achieved; this involves improving energy efficiency, reducing the consumption of fossil fuels and promoting renewable energy sources.Transport. Transport and traffic have developed along with the domestic market Urgent measures need to be implemented in order to: - improve the infrastructure and vehicle management; - develop public transport; - improve the fuel quality.Agriculture. It causes environmental damage, by using intensive agricultural practices, fertilizer and accumulation of surpluses it is necessary and indispensable:- to reform the Common Agricultural Policy; - to develop forestry (taking into consideration the environmental requirements).Tourism. It is developing quickly and it leads to deterioration of coastal and mountainous areas. The proposed measures include: - improving the management of mass tourism and service quality, by promoting new alternative tourism forms, organizing campaigns to inform the public and to raise the public awareness.

The program also requires international cooperation.For a long periods of time, the Community environmental policy focused only on solving problems within the Community. Nevertheless, the Member States acknowledged the global dimension of pollution and the need to act at a regional and international level (e.g. Art.130r (1) of the EU Treaty contains provisions regarding the application of international measures applied at a regional and global level).The program identifies 4 major problems requiring international actions: - climate change; - ozone layer depletion; - biodiversity loss; - deforestation. Also, the program offers the tools that can achieve the objectives.

Regulation tools: setting new minimum levels of protection, implementing international agreements and establishing some rules and standards for the domestic market.Financial tools: incentives for producers and consumers so that they protect and use the environment rationally (measures of economic, fiscal and civic responsibility) and price adjustments in order to make sure that the environmentally friendly products and services are not sanctioned in terms of cost.Horizontal support measures: supplying accurate information and environmental statistics (the need for comparable classifications, standards, criteria and methodologies), promoting scientific research and technological development, improving sector and spatial planification, supplying the public with information (creating databases) and specialized training.Financial support measures: the LIFE program, Structural Funds, Cohesion Fund, loans from EIB (European Investment Bank)

I.3.Agenda 2000: for a stronger and wider UnionThe legal framework of the Agenda 2000 is the combined result of all Community institutions and it was established at the European Council in Madrid in December 1995 (SCADplus: Agenda 2000: for a stronger and wider Union. At that summit- with a view to open accession negotiation with applicant countries, the State and Government Heads invited the Commission: - to present their opinions regarding to various requests along with a general document regarding the enlargement; - to prepare, based on a careful analysis of the Unions funding system, a statement, regarding the financial future of the Union, with a view to the possible integration of the candidate states. Agenda 2000: for a stronger and wider Union (COM (97) 2000), presented by the Union July 16 1997, represented a detailed answer to this request. It describes: - general development perspectives of EU and its policies; - horizontal problems caused by the process of integration and the future financial framework, for the next 7 years of the next millennium, in the context of a wider Union.

Structural Policy ReformThe European Council from Berlin stressed that the reformations proposed by Agenda 2000 are based on Structural Funds and Cohesion Funds. This involves the fact according to which structural support is more intent upon both geographic aspects and the terms of the support. This requires improving the fund management, while achieving economic and social cohesion within a more and more diverse Union. For the 2000-06 period, the expenditure ceiling was established at 213 billion EURO for the current member states (SCADplus: Agenda 2000: for a stronger and wider Union). The agreement upon policy change refers only to:The Structural Fund itself, consisting of: - European Social Fund; - European Regional Development Fund; - Financial Instrument for Fisheries Guidance; - European agricultural Guidance and Guarantee Fund; Guidance Section.Cohesion Fund. The new conditions which apply to the support given by structural funds are specified in a horizontal regulation, which contains general provisions for this type of funds

According to this regulation, the Community support will be focused on three main objectives: - the development and adjustment of regions whose development is lagging behind (Objective 1); - the economic and social conversion of regions experiencing structural difficulties (Objective 2); - the adjustment and modernization of education, training and employment policies and systems (Objective 3).

The only Community initiatives that were not changed are: - INTERREG (Cross-border cooperation); - LEADER (rural development); - EQUAL (fight against discrimination); - URBAN (regeneration of crisis towns and suburbs). The main aim of the Cohesion Fund remains unchanged: funding environmental and cross-Europe transport projects of those member states that have a GNP (Gross National Product) of less than 90% of the Community average. An additional eligibility criterion is developing a program of economic stability and complying with it.

I.4. The Europen Environmental Policy and RomaniaThe Romanian environmental policy was implemented in the 90s, when the Environment Ministry was founded. In 1992 The National Strategy for Environmental Protection was adopted and updated in 1996 and 2002.According to the strategy, in Romania the main environmental objectives are: - maintaining and improving peoples health; - sustainable development; - preventing pollution; - conserving biodiversity; - conserving cultural and historical heritage; - acting according to the polluter pays principle; - encouraging activities that improve the environment (by granting subventions, low interest loans etc).To this strategy other documents were added in 1999: - The Romanian State of the Environment Report; - The National Program for EU Accession; - The National Waste Management Strategy (2002).

The national strategy has facilitated the following developments in the legislative area: - waste legislation, packaging waste and waste transportation; - sewage legislation, drinking water, pollution caused by dangerous substances; - identifying areas that need special protection, industrial pollution control, necessary measures for nuclear safety.

As future member of the European Union, Romania had to adopt in full the Community environmental acquis. Applying an alternative strategy in the European model of integration has made possible the adoption and the progressive implementation of the Community legislation by using transition periods and temporary waivers. The tools used in the enlargement strategy have helped our country, if we are to take into account the stringent environmental requirements from Europe, related to Romanias possibility to apply the legislation and to the costs of the reformations, which are required for implementing the principle of environmental responsibility.

Negotiation chapter Environmental protection (chapter 22) was opened in May 2002 and closed in 2004; after the negotiations, Romania obtained the following transitional periods: - 3 transitional periods, with durations of 1, 2, 3 years, to comply with the Directive on the control of volatile organic compound (VOC) emissions, resulting from petrol storage and its distribution to petrol stations;- 3 transitional periods, with durations of 3, 5 and 5 years, to recover/recycle packaging waste, glass and wood, according to the Directive on waste/packaging waste;- 2 transitional periods, with durations of 1 to 2 years, to comply with the Directive on incineration of hazardous waste;- 3 transitional periods with durations of 3,7 and 9 years, to conform 130 deposits to the Directive on waste storage;- 2 transitional periods with durations of 2 years, to comply with the Directive on waste electric and electronic equipment;- 2 transitional periods with durations of 5 and 9 years, to apply the regulation regarding waste transport;- 2 transitional periods of 9 and 12 years, to comply with the Directive on treatment on urban waste water;2 transitional periods of 4 and 9 years, to comply with the 9 quality parameters, stipulated by the Directive on drinking water quality;- 1 transitional period of 3 years, for 51 industrial units for 8 hazardous substances;- 1 transitional period of 8,2 years, for 195 instalations, which prevent pollution;

- 3 transitional periods of 6 years, to reach the established limit values of sulphur dioxide in 34 combustion plants, to respect the established limit values of nitrogen oxides in 69 combustion plants, to respect the established limit values of particulate matter in 26 plants and a transitional period of a year, to reach the established limit values of nitrogen oxide in 6 plants.The Commission considers that the implementation of EU environmental law in Romania requires a cost of about 22 billion euro.However, the implementation of the European environmental acquis will allow us to avoid errors that the older member states have made, during their economic development process, and to achieve a rapid improvement of the environment and living conditions.Nonetheless, environmental protection favors economic growth, creates new jobs and develops new markets that increase social welfare.

When applying the European Environmental Policy in Romania, the priority is to adopt a regional strategy, which facilitates the implementation of environmental considerations (according to the objectives of sustainable development) and to improve the capacity of implementation structures. The environmental policy focuses on a number of priority axes: - developing an integrated environmental monitoring system; - eco-production and sustainable consumption; -decentralization and implementation of the principle of responsibility at all levels and all areas; - developing market-oriented tools; - international cooperation. The Romanian priority axes are in line with the strategic directions of the European environmental policy.

I.5. Environmental Policy InstrumentsThe evolution of the environmental policy and the way it changed in time are reflected by: - its objectives and priorities; - by the number of its implementing instruments (legislative, technical, economic and financial instruments).Legislative instruments: - create the legal framework of the Community environmental policy; - they are represented by existing legislation from this area, that is over 200 acts (directives, regulations and decisions), adopted since 1970- the Community acquis.Technical instruments- they ensure conformation to environmental quality standards and use of the best available technologies. This category includes: - emission standards and limits etc; - the best available technologies (BAT).

- Product ecolabeling; - Criteria for performing environmental inspections in all Member States; - Voluntary Environmental Agreements; - Integrated Pollution Prevention and Control (IPPC); - Integrated Product Policy (IPP); - The evaluation of the effects of public and private projects upon the environment.Financial Instruments: 1. LIFE Program was launched in 1992 with the aim to co-finance the environmental projects developed by the Member States and the acceding countries. The program already has 3 phases of implementation:First phase: 1992-1995, with a 400 million Euro budget;;Second phase: 1996-1999, with a budget of 450 million Euro;Third phase: 2000-2004, with a 640 million Euro budget. LIFE has got three thematic components: LIFE- Nature, LIFE- Environment and LIFE- third countries, all three components aim to improve the environment, but each of them has specific budgets and priorities.

The general objectives aim to: - define and promote production and consumption patterns, in accordance with sustainability principles; - promote examples of good practice; - support pilot projects, horizontal information, education and professional training; - develop and provide skills upgrading programs for administrative structures; - support integration of environment into other policies and ensuring the coordination of various instruments and procedures related to environmental protection.The Environment Component funds about 30-50% of the projects that promote innovative methods and techniques which can reduce negative impact upon the environment; the Nature Component contributes with 50-70% of the sums needed for developing biodiversity conservation and improvement projects, it also supports Nature 2000 program; the Third Countries Component funds with up to 70% programs, through which new administrative structures are created and which implement environmental policies in the Mediterranean and Baltic Sea Area.

2. Structural Funds SystemCurrently the Structural Fund System (European Regional Development Fund, European Agricultural Guidance and Guarantee Fund) represents around 35% of the Community budget, with a growing tendency. Since 1992, funds are increasingly linked to environmental policy objectives, both by funding specific programs and through the integration of environmental considerations, when implementing various projects. The system finances extremely diverse actions, from large projects (such as, improving the quality of the environment, infrastructure development), to financing projects of non-Governmental organizations or small companies. 3. The Cohesion Fund This Fund was established By the Treaty of Maastricht, and it became functional in 1994.

This fund has the following features: - Limited Scope of Action, eligible are the least prosperous member states of the Union whose gross national product (GNP) per capita is below 90% of the EU-average; - Financial Support is limited, finances up to 85 % of eligible expenditure of major projects involving the environment and cross- European transport infrastructure; - Financial Support is granted to those Member States that developed programs, through which they accept the conditions on the budget deficit limits, with the aim to achieve economic and monetory union.4. The PHARE Program PHARE (Pologne et Hongrie - Aide Restructuration Economique) is a program launched by EC in 1990 (pre-accession strategy for Polland and Hungary)- the main financial and technical support offered by EU to restructure economies (in Central and Eastern Europe) and to create the necessary infrastructure for the countries that wanted to accede to the European Union

5. Instrument for Structural Policies for Pre-Accesion (ISPA)- one of the financial instruments to assist the candidate countries in the preparation for accession, especially providing assistance for infrastructure projects.6. Special Accession Program for Agriculture and Rural Development (SAPARD) - aims to support candidate countries in solving problems of structural adjustment in their agricultural sectors and rural areas and assists implementation of the Community acquis related to the common agricultural policy and relevant legislation of this policy;7. The European Investment Bank Loans (EIB);8. The NATURA 2000 Program - it does not have a budget of its own, the NATURA 2000 program has, however, a catalytic role in financing biodiversity in the European area. The program now includes more than 18,000 protected areas with high ecological value, covering about 17% of the EU15 area. The LIFE+Nature program provides the financing, through structural funds and the Cohesion Fund, but its own financial instrument is to be created.

9. Promoting Environmental NGOs The program is a financial instrument, which promotes civil society initiatives in the implementation of European environmental policy. The Community finances about 70% (80% for the candidates countries) of the projects whose main focus is on the priorities of the 6th Environmental Action Program.

1.6. European perspectives on sustainable developmentSustainable development is a global objective and the European Union plays an important role in its implementation both in Europe and worldwide.In 2000 in Lisbon, the European Council settled a new objective for the Union, namely: to become the most competitive and dynamic economy in the world, based on knowledge, able of a sustainable economic growth, which can provide more and better jobs and a greater social cohesion. In 2001, the European Council from Gothenburg adopted EUs sustainable development strategy, elaborated and perfected on the basis of the politic commitment by including the environmental dimension. This states that on long term, economic growth, social cohesion and environmental protection must be considered and dealt with as a whole.EUs sustainable development strategy A Sustainable Europe for a Better World offers EU a long-term positive vision of a more prosperous and honest society, which provides a cleaner, safer and healthier environment- a society that provides a better quality of life for both our generation and for the future ones.

Achieving this objectives involves that:- economic development should support social progress and respect the environment;- social policies should support economic performance;- environmental policy should be cost-effective.It is required a major reorientation of public and private investments towards new environment-friendly technologies, so that economic and social development should not be associated with environmental degradation and resource consumption.In order to establish connections between these ambitious perspectives and concrete political actions, the European Commission proposed that sustainable development strategy should focus on a limited number of issues that constitute severe, irreversible threats to the future of the European societys welfare.

The main threats to sustainable development are:

Greenhouse gas emissions from human activities are causing global warming. Climate change is the underlying cause of extreme weather phenomena (hurricanes, floods), which have severe consequences upon infrastructure, possessions, human health and nature.A serious threat to human health is:- new species of antibiotic-resistant pathogens;- a potentially longer-term effect of commonly used hazardous chemicals.Threats to food safety represent a great concern.One in every six Europeans is affected by poverty. Poverty and social exclusion have direct serious effects on individuals, such as illnesses, suicide, acute unemployment. Poverty disproportionately affects mothers, only family-supporters or lonely, elderly women. Poverty affects some families for generations.While increased life expectancy rate is obviously welcome, when associated with low birth rates, results in aging population, which is a threat to economic growth rate and to the quality and financial support for pension funds and social security funds.

Biodiversity loss in Europe has accelerated dramatically in recent decades. Fish stocks in European waters are near depleted. We produce more waste than we can dispose of. Soil loss and decreased fertility reduced the viability of agricultural land.Transport overcrowding lead to the rapid growth of the access network. This mainly affects the urban area, which have problems with central area degradation, extending suburbs, poverty and social exclusion. Regional disparities remain a serious concern for the European Union.Very little of these trend are new. Many Governments and even civil societies tried to find solutions for these trends.Local initiatives, like Agenda 21 (Local Sustainable Development Strategies), proved to be an efficient way of achieving the necessary changes at a local level. However, these initiatives had limited success because they encountered difficulties when changing policies and existing behavior patterns, according to necessary actions.

Solving these unsustainable trends and achieving the results of sustainable development requires: - immediate actions; - broad-minded, committed politic leaderships;- a new approach of decision factors, wide participation- international responsibility.

What are the objectives of environmental protection in the European Community (EC)? Present three of the 6 principles underlying the environmental protection measure in the European Community.The importance of the Treaty of Amsterdam (1997) with regard to the European environmental policy.Present two principles formulated in the first and the second Environmental Action Program, which can also be found in GEO.195/2005Which Environmental Action Program introduces for the first time the concept of Sustainable Development?What are the 4 major problems, identified by the 5th Environmental Action Program, and which require action at international level?

What are the priority areas, which define the directions of the environmental policy, as described by the 6th EAP?List 2 or 3 measures required for achieving the objectives of priority areas, as described by EAP 6. Present briefly the pre-accession instruments.What are the main environmental objectives in Romania (according to the National Environmental Protection Strategy)?List 3 or 4 transitional periods, Romania obtained after the negotiation on Chapter 22 (Environmental Protection).List three of the technical intruments for implementing environmental policies. Present one of those instruments.

II. ENVIRONMENTAL POLICY INTEGRATION IN EUROPEAN UNION POLICIESEuropean Union environmental policy (set by the European Community Treaty) aims to ensure environmental sustainability by: - including environmental integration strategy in the EU sectoral policies;- elaborating prevention measures;- respecting the polluter pays principle;- fighting pollution at source;- assuming joint responsibility. The Community Acquis comprises of about 200 legislative instruments, which cover a large number of sectors, such as:- water and air pollution; - waste and chemicals management; - biotechnology;- radiation protection and nature conservation.Member States must ensure that an environmental impact assessment was carried out before approving the development of certain projects from the public or private sector.

The Acquis should continue to develop (especially in the area of air and drinkable water pollution). Thus, the 6th Environmental Action Program identifies four key areas:- climate change;- nature and biodiversity;- environment and health; - natural resources and waste. The White Charter, which aims to prepare the associated countries from Eastern and Central Europe for integration into the EU Internal Market (1995), covers only a small part of the Acquis in the field of environmental law product legislation only (which is directly related to the provisions regarding free movement of goods).

1. Environmental integration strategy in the EU policies

The overall objective of the strategy- to introduce an horizontal approach of environmental policy, by integrating it in all Community policies (SCADplus: Environment General Provisions. Strategic measures were based on:- Commission Communication (the European Council from Cardiff, 1998)- create an integration partnership- an environmental integration strategy in the EU policies;- The need to integrate the environment dimension in other Community policies (this was recognized by the Single European Act; moreover, the 5th EAP made this objective a priority).Obs.: The Community strategy, based on vertical approach and adopted environmental regulations, had good results only partially, but it did solve the existing problems.The European Council from Luxembourg (December 1997) urged the Commission to propose a strategy for integrating environmental protection requirements into the definition and implementation of all Community policies and activities (Art 6 of the Treaty). Environmental protection is one of Europes main problems and is, therefore, a Community objective. By extending its environmental concerns beyond Europe, the Community committed itself to finding a solution for the problems of the global environment.

In the document it requested, the Commission established some guidelines, which facilitate an adequate integration of environmental requirements in other policies, such as:- integrating environmental requirements in all activities through the Community institutions; - revising existing policies; - introducing strategic actions in key areas; - drafting reports by the Council for the Vienna European Council, regarding the success of environmental integration into other policies of the Member States;- defining primary actions and other mechanisms for monitoring the implementation process; - revising environmental integration in sectoral policies by the European Council; - establishing a joint study of the Council, Parliament and the Commission on developing mechanisms for implementing and monitoring these guidelines.Fully integrating environmental requirements in all Community policies is a long-term objective. On short term, the Commission proposes a step by step approach, based on two primary objectives: Agenda 2000 and Kyoto Protocol (1998).Environmental concerns are already in the Agenda 2000: - CAP reform (Common Agricultural Policy);

- EU enlargement strategies for countries in Central and Eastern Europe. CAP reform is particularly important for the environment because:- it contributes to reducing price support in favor of direct payments, which will increase productivity and a more balanced use of polluting inputs;- it offers the possibility to Member States to provide direct payments only if it complies with environmental requirements.Also, environmental policy is one of the requirements of the accession strategy of the countries of Central and Eastern Europe. Candidate countries have developed plans to incorporate the environmental body of laws in their legislation.Obs.: The Commission urged all the countries to introduce environmental requirements in all their policies.In order to fight global warming, the signatory states of the Kyoto Protocol pledged to reduce greenhouse gas emissions until 2012. In order to achieve all the stated commitments, a global strategy needs to be applied in the following areas too: transport, energy, agriculture and industry.

2. The evolution of the process of environmental policy in the EU policies

Since the enactment of the Amsterdam Treaty, art. 6 of the EC Treaty contains provisions regarding the integration of environmental protection requirements in all Community policies and activities, with a view to promoting sustainable development.Short history: policies that met environmental protection requirements:- In 1985, the European Court of Justice judged, in the case of a file preferred by a French association which defended the interests of companies dealing with waste oil burning, that the protection of the environment is a priority. Since then, on the strength of the Single European Act, the environmental protection environments have become part of other Community policies.- The principle of environmental integration was reasserted by the art. 130R (2) of the EU Treaty, which stipulates that Environmental protection requirements must be integrated into the definition and implementation of other Community policies The environmental protection requirements were imposed in sectoral policies (idustry, transport, agriculture, fisheries). Two policies were mainly influenced by environmental legislation, since the beginning of the process of European integration: - The policy of free movement of goods; - Competition policy.

The Amsterdam Treaty introduces, through an amendment, an explicit provision, which applies to the integration of environmental issues in the Community policies.Environmental protection requirements must be integrated into the definition and implementation of the Community policies and activities referred to in Article 3, in particular with a view to promoting sustainable development (Art. 3c).In practice, environmental legislation can: - introduce restrictions on the trade within the Community;- influence competition between companies.The European Court of Justice and the European Commission imposed a strict control (based on the principle of proportionality) over the actions undertaken by various sectors and their impact on the environment. This means that the responsibility of economic issues can be attributed to individuals or corporations with a view to achieving the general interests of the Community (such as the progress of the Community policies), only if this is required in the process of achieving such goals- respectively a problem of means and purpose.In order to secure the implementation of Community environmental legislation, the Community accelerated its integration strategy in the policies of the sectors which cause great damage to the environment (SCADplus: Integration of Environmental Policy).The most important measures taken with a view to implementing environmental objectives (according to the principles of Amsterdam Treaty and the integration partnership) were:

- the Cardiff process (1998)- the European Council imposed upon the Council of Ministers a number of requirements- to elaborate environmental integration strategies and programs for their sectoral policies.There were involved nine key sectors, which were complementary to environmental policies: energy, transport, agriculture, industry, internal market, development, fisheries, general affairs, economic and financial affairs;- the Aarhus (Denmark) Convention (June 1998)- a convention on access to information, public participation in decision-making and access to justice in environmental matters. In general, the Convention had the role to:- to create a greater transparency of environmental policies; - facilitate the access to environmental information; - strengthen the position of the European citizens in relation to Community institutions, by stating their position and offering them the possibility to defend themselves against law violations;

- the Vienna Summit (11-12 December 1998) The European Council assessed the initial reports submitted by the Transport Council, Energy Council and Agriculture Council and asked three other formations (Development Council, Internal Market Council and Industry Council) to define their own strategies.- the Cologne Summit (3-4 June 1999) the European Council reasserted its opinion regarding the reexamination of the progress made in the process of environmental integration in all relevant policies of the Union at the Helsinki meeting, which was going to take place in December 1999. As a result, the Council asked that the Commission should present at Helsinki:- a report regarding the assessment indicators used when evaluating environmental integration in other policies;- a report regarding the progress of this strategy, highlighting the initial results and any methods used in order to improve them.In 2001, in Gothenburg, the European Council adopted the EU Sustainable Development Strategy and it added the environment on the list of objectives of the Lisbon Strategy.In essence, the strategy emphasizes:- the need for correlation between economic, social and environmental objectives;- the need for stronger and more effective environmental integration actions in sectoral policies; - the need to adopt main environmental indicators by the European Council at Laeken (2002).

- in Barcelona (2002) the European Council adopted an action plan for promoting environmental technologies and adding an external dimension to the European sustainable development strategy;- in 2002, the 6th Environmental Action Program came into force;- including new complementary sectors in the environmental integration strategy; the European Council from Brussels (2002) decided on: education and health, consumer protection policy, tourism, research, employment and social policy;- in 2003, the European environment and health strategy (SCALE) was adopted, it settles a cause-effect relationship between the environment and health, with a focus on vulnerable social groups, especially on children;- in 2003 a number of development strategies, which integrate the principles of sustainable development in most Member States, were elaborated;- in 2004 the Action Plan for Eco-Technologies was adopted;- in 2005 the Sustainable Development Strategy was revised and in the same year a declaration regarding the principles of sustainable development was adopted.

- in 2005, the Commission published a list of indicators for the assessment of sustainable development (155 indicators grouped on three levels, depending on the objectives and measures necessary for the implementation) structured on primary themes: economic development, poverty and social exclusion, climate change and energy, production and consumption patterns, natural resources management, transport, good governance and global partnerships.- 27 November- 1 December 2006 in Nairobi, Kenya, took place the 8th Conference of the parties of the Basel Convention on the Control of Trans-boundary Movements of Hazardous Wastes and their Disposal. The meeting was held under aegis of the United Nations Environmental Program (UNEP), with the participation of over 120 countries, signatory parties of the Basel Convention, observers, intergovernmental organizations, NGOs and economic organizations.June 7, 2007 - the G8 Summit in Heiligendamm (NE Germany) combat global warming, improve international relations, develop global economy and help poor countries in Africa.

2. The evolution of the process of environmental policy in the EU policies

Since the enactment of the Amsterdam Treaty, art. 6 of the EC Treaty contains provisions regarding the integration of environmental protection requirements in all Community policies and activities, with a view to promoting sustainable development.Short history: policies that met environmental protection requirements:- In 1985, the European Court of Justice judged, in the case of a file preferred by a French association which defended the interests of companies dealing with waste oil burning, that the protection of the environment is a priority. Since then, on the strength of the Single European Act, the environmental protection environments have become part of other Community policies.- The principle of environmental integration was reasserted by the art. 130R (2) of the EU Treaty, which stipulates that Environmental protection requirements must be integrated into the definition and implementation of other Community policies The environmental protection requirements were imposed in sectoral policies (idustry, transport, agriculture, fisheries). Two policies were mainly influenced by environmental legislation, since the beginning of the process of European integration: - The policy of free movement of goods; - Competition policy.

The Amsterdam Treaty introduces, through an amendment, an explicit provision, which applies to the integration of environmental issues in the Community policies.Environmental protection requirements must be integrated into the definition and implementation of the Community policies and activities referred to in Article 3, in particular with a view to promoting sustainable development (Art. 3c).In practice, environmental legislation can: - introduce restrictions on the trade within the Community;- influence competition between companies.The European Court of Justice and the European Commission imposed a strict control (based on the principle of proportionality) over the actions undertaken by various sectors and their impact on the environment. This means that the responsibility of economic issues can be attributed to individuals or corporations with a view to achieving the general interests of the Community (such as the progress of the Community policies), only if this is required in the process of achieving such goals- respectively a problem of means and purpose.In order to secure the implementation of Community environmental legislation, the Community accelerated its integration strategy in the policies of the sectors which cause great damage to the environment (SCADplus: Integration of Environmental Policy).The most important measures taken with a view to implementing environmental objectives (according to the principles of Amsterdam Treaty and the integration partnership) were:

- the Cardiff process (1998)- the European Council imposed upon the Council of Ministers a number of requirements- to elaborate environmental integration strategies and programs for their sectoral policies.There were involved nine key sectors, which were complementary to environmental policies: energy, transport, agriculture, industry, internal market, development, fisheries, general affairs, economic and financial affairs;- the Aarhus (Denmark) Convention (June 1998)- a convention on access to information, public participation in decision-making and access to justice in environmental matters. In general, the Convention had the role to:- to create a greater transparency of environmental policies; - facilitate the access to environmental information; - strengthen the position of the European citizens in relation to Community institutions, by stating their position and offering them the possibility to defend themselves against law violations;

III. EU ENVIRONMENTAL ACQUIS1. General viewsThe Community environmental acquis is a set of legal instruments, developed by the European Union, which reflects the particular obligations, appointed by the policymakers.The Community environmental acquis comprises of over 200 directives, regulations and decisions, which constitute environmental horizontal and sectoral legislation.- horizontal legislation comprises those regulations which take into account:-transparency and flow of information;-facilitating decision-making process;-developing activities and involving the civil society in environmental protection area. - sectoral legislation refers to those sectors related to the environmental policy (air quality, climate change, waste management, water quality, nature protection, control of industrial pollution, chemicals, genetically modified organisms, noise, civil protection).All normative documents are drafted by the European Commission, through specific General Directives, this being the only Community institution with the right of legislation initiative.

Community institutional framework comprises of:- European Parliament;- Council of Ministers;- European Commission;- Court of Justice;- European Court of Auditors;- European System of Central Banks and the European Central Bank.The European Council- a political institution with special characteristics.Law harmonization- this is an EU membership obligation- the countries that joined the European Union are to align their national laws, regulations and procedures in order to facilitate full integration of the legislative body contained by the Community acquis.Environmental acquis- the European environmental body of laws- according to which all Eastern and Central European countries are to align all their national legislation and administrative practices, in order to meet one of the conditions for being an EU member- is much smaller.Environmental acquis- comprises mainly a number of directives and a series of regulations.

EU environmental legislation governs: - Products: for example, controlling noise made by construction equipment, vehicle emissions control, hazardous substances control for some products, waste transport, hazardous substances management. Many of these requirements can be found in the White Charter.- Activities or production processes can have a negative impact upon the environment or human health: constructions, industrial facilities, waste disposal.- Environmental protection: controlling hazardous substances disposed of in air, water or soil, land allocation for constructions, conserving nature and resources, biodiversity.- Procedures and procedural laws, used for evaluating the impact upon environment, access to information and public consultation.Environmental acquis is divided into the following categories:- Horizontal legislation;- Air quality;

- Waste management;- Water quality;- Nature protection;- Industrial pollution control and risk management;- Chemicals and genetically modified Organisms;- Noise from vehicles and machineries;- Nuclear safety and radiation protection;- Climate change;- Civil protection;- Policy;- Internaional co-operation.2. Horizontal legislationLegislation can be defined as horizontal, when it deals with general problems of environmental management and not with particular sectors, types of products or emissions.

The three directives comprised by the horizontal legislation are:- Environmental Impact Assessment Directive; - Access to Information Directive;- Directive of standardizing and rationalizing reports on the implementation of certain directives relating to the environment.The information related to the environment might be:- Assessment studies on the impact which proposed development work might have upon the environment;- Public access, environmental database;- Requirements and procedures used when drafting reports concerning directive implementation. Detailed information regarding the environment and the effects of human activities have a major importance, because it underlies:- the elaboration, implementation and enforcement of environmental regulations;- public participation in the decision-making process, hence building stronger democratic institutions.The Access to information Directive guarantees the access to environmental information, which is held by:- public authorities;

- Government-controlled institutions, which have public responsibilities in the environmental area.This directive is based on:- a wide definition of the phrase environmental information, which should be accessible to everybody, without their having to state an interest; - periodical drafting of environmental reports by the Member States.The environmental impact assessment directive requires that prior to obtaining the Governments approval, development projects must go through an assessment process, which analyzes the potential effects of the project upon the environment. The directive of standardizing and rationalizing reports on the implementation of certain directives relating to the environment harmonizes and tries to improve the method the Member States use to submit reports to the European Commission.2.1. The environmental impact assessment directiveThe directive embodies the prevention principle, that is, it requires that prior to obtaining the Government's approval, development projects, which might have a significant impact upon the environment, must go through an evaluation process.Observation: Certain types of projects (listed in the Annex I of the directive) always go through the environmental assessment process. Others, listed in Annex II, which might have significant effects upon the environment, are subject to evaluation, only when certain criteria, established by the Member States, are met.

The proponent is to supply the responsible authority with detailed information regarding the project which is to be assessed. Before a decision is taken, the environmental authorities must analyze and make observations on the proposed project. The public: - is to be informed with regard to the request made for the development project and with regard to the declaration of environmental impact;- is to be allowed to express its opinion. The decisions taken by the responsible authority must be in accordance with the results of the assessment.The Member States, which might be affected by the projects, should receive the results as well. This request is made by the first provision of the Espoo Convention (The convention on environmental impact assessment in a trans-boundary context).2.2. Access to Information DirectiveDirective 90/313/EEC on the freedom of access to information on the environment requires that the information held normally by public authorities to be made accessible for the public, when demanded. The answers are to be provided in a certain period of time (specified in the directive), and when request for information may be refused, there is the right of appeal.Also, Member States have the obligation to draw up periodic reports on environmental condition in their own country.

2.3. Directive on the freedom of access to environmental information Directive 2003/4/CE of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC Directiva 2003/4/CE. This directive has got two main objectives:a) to guarantee the right of access to environmental information held by public authorities, or on their behalf, and to establish the basic conditions and practical arrangements for exercising this right.b) to ensure that environmental information is, automatically and progressively, made available and disseminated to the general public, systematically and to the widest extent possible. To this purpose, information and electronic technologies are to be promoted, when available.2.4. Directive of standardizing and rationalizing reports on the implementation of certain directives relating to the environmentDirective 91/692/EEC standardizing and rationalizing reports on the implementation of certain Directives relating to the environment aims to rationalize, on a sectoral basis, the requirements for Member States to transmit to the Commission the information required under certain environmental protection directives. Reports are to be transmitted every three years and each sector has its three-year cycle. An exception is made for Directive 76/180/EEC, bathing waters, for which an annual report continues to be required. This directive, which has been integrated into different other directives, must be implemented by Member States, but does not have to be transposed into national legislation in Member States.

2.5. Directive on the assessment of certain environmental plans and programs

3. Air qualityThe first piece of legislation, regarding air pollution was a directive, drawn up in 1970, referring to the carbon monoxide and hydrocarbons emissions from road vehicles.The EU policy for this area used various methods, such as standards, emissions limit values, pollutant control. Six main points of interest were highlighted:- Road vehicle emission ceilings; - Fuel control;- Emissions from industrial plants;

- acidification abatement; - rules regarding air pollutants;- contribution to international efforts regarding, for example climate change.

In 1996 EU adopted the IPPC directive (Integrated Pollution Prevention and Control), which was meant to promote an integrated approach of air, water and soil pollution. Air pollutants are emitted by a large variety of mobile and stationary sources.In the EU legislation there are three categories of laws:1. General laws:- quality assessment and air management;- control of emissions from mobile sources (e.g. emissions from vehicle engines and fuel);2. Laws regarding emissions from stationary sources, such as industrial plants and energy-generating processes;3. Laws regarding waste incinerators.The EU legislation for this particular domain categorizes and labels chemical products and it includes specific directives regarding substances such as solvents, paints, varnishes and pesticides.The new air quality directive is structured so as to provide a strategic, broad framework for air quality management in Member States, creating a link between emission control and air quality objectives achievement.This directive will have gradual effects as new air quality daughter directives come into force. These new directive replace the existent ones, which establish quality standards for sulphur dioxide, nitrogen dioxide, particulate matter and lead in ambient air. On the strength of the Tropospheric Ozone Pollution Directive, Member States must establish an ozone monitoring network.

A number of directives regulate emissions from power-driven vehicles and fuels, by imposing certain technical requirements regarding vehicles and setting limits for certain substances the fuel should contain, such as lead and sulphur.3.1. Air quality directiveThe European Council Directive 96/62/CE, regarding the assessments and management of ambient air quality aims to establish the basic principles of a joint strategy that:- defines and establishes the EU air quality objectives, which aim to avoid, prevent and reduce harmful effects on human health and environment;- assesses air quality from Member States, using joint methods and criteria;- offers information, available for the public, by establishing certain value limits of substance concentrations;- maintains the high quality of the air; improves air quality, when it is reduced.Member States are compelled to:- implement the directive;- assess air quality;- facilitate the exactness of the measurements;- analyze assessment methods;- coordinate EU programs regarding air quality, developed by the European Commission within their territories.The framework-Directive establishes the key parameters for managing air pollution in the private sector. On the strength of the Directive, new standards will be adopted, which will replace previous directives regarding sulphur dioxide and particulate matter, lead and nitrogen dioxide.Over a period of 10 to 15 years a number of daughter directives will establish optimal limit values for air quality, margins of tolerance, assessment and drawing up reports-related procedures for individual pollutants.

Once the limit values and alert thresholds are established, air quality will be assessed. For areas that do not meet limit values, action plans are going to be developed, which should include air, water and soil protection measures and compliance deadlines. The public is to be informed when alert thresholds are exceeded.3.2. Mobile sources emissionsThe EU legislation regarding mobile sources emissions includes legislative acts that:- regulate vehicle engine emission;- promote the Auto-Oil Program (it proposes standards to be enforced after 2000);- regulate emissions from engines of mobile aggregates;- regulate carbon emissions from diesel engines of agricultural and forestry vehicles;- require the introduction of approval tests for traffic on open roads.3.3. Emissions of volatile organic compounds94/63/EC Directive aims to control emissions of volatile organic compounds, emissions which appear from petroleum storage and its distribution from terminals to gas stations.The directive regulates procedures, installations, vehicles driven on open roads, trains and ships sailing on inland waters (ships that store and transport oil from one terminal to another or from a terminal to a gas station).

3.4. Lead content of petrolDirective 85/210/EEC concerning lead content of petrol allows Member States to reduce the lead content of petrol to 0,15g/l as soon as possible. Benzene content of leaded petrol and of unleaded petrol shall not exceed 5,0 % by volume. In this respect, leaded petrol must be labeled at the pumps.Countries have the right to prohibit regular petrol, if it does not have the prescribed octane number. The provisions of this directive will be replaced in 2000 by the provisions of the directive relating to quality of petrol and diesel engine fuels.3.5. Sulphur content of liquid fuelsDirective 93/12/EEC establishes the limit values for sulphur content of diesel fuel, as well as of other liquid and gaseous fuels. The directive was amended by the directive 99/32/EC.4. Noise As a consequence of the Green Paper from 1996, the European Commission elaborated a new framework for the noise policy, based on shared responsibility at Community, national and local level, as well as measures to improve the accuracy and standardization of data to help improve the coherency of different actions. This document led to a number of comprehensive measures, which include:1. creating a network of noise experts that help the Commission in elaborating noise policy;2. requiring the competent authorities from State Members to create strategic noise maps, based on harmonized indicators, to inform the public about the effects of noise exposure and to take action in order to solve this problem.3. revising and elaborating EU legislation regarding noise sources, like vehicle, aircraft, rolling stock engine and supplying financial support for various noise studies and research projects.

4.1. European legislation regarding noise Directive 2000/14/EC- amended by the Government Decision no. 593/2004- regarding noise emission in the environment by equipment for use outdoors.On the strength of article 95 of EEC Treaty and according to the procedure stipulated by article 251, the directive is intended to harmonize requirements for the noise emission by equipment for use outdoors in order to prevent obstacles to the free movement of such obstacles within the internal market. The directive is intended to reduce noise levels to protect the health and well-being of citizens, as well as the environment. The public should also be provided with information on the noise emitted by such equipment.The aim of this directive is It is appropriate to reduce noise emissions by equipments subject to noise limits down to the level of the better performers on the market today in two stages, in order to allow manufacturers who do not already comply with the requirements sufficient time to adapt their equipment to the more demanding limit values.Directive 86/594/EEC amended by Government Decision no 482/01.04.2004- on airborne noise emitted by household appliances and it refers to the conditions of introducing such products on the market. It contains provisions referring to the general principles regarding the publication of information on the airborne noise emitted by household appliances, measuring methods, as well as the procedures of checking and monitoring the levels of noise. This Directive does not apply to:

- appliances, equipment or machines designed exclusively for industrial or professional purposes;- appliances which are integrated part of a building or its installations such as equipment for air conditioning, heating and ventilating (except household fans, cooker hoods and free-standing heating appliance), oil burners for central heating and pumps for water supply and for sewage system;- equipment components, such as motors;- electroacoustic appliances. Directive 2002/49/EC- relating to the assessment and management of environmental noiseThe aim of this directive is to define a common approach intended to avoid, prevent or reduce the harmful effects, including annoyance, due to exposure to environmental noise. To that end the following actions will be implemented progressively:a) the determination of exposure to environmental noise, through noise mapping, by methods of assessments common to the Member States;b) ensuring that information on environmental noise and its effects is made available to the public;c) adoption of action plans by the Member States, based upon noise-mapping results, with a view to preventing and reducing environmental noise (where exposure levels can induce harmful effects on human health and to preserving noise quality where it is good).Observation: The national legislation that regulates protection activities against noise is made up by the following documents:- Government Decision no. 321/2005 regarding the assessment and management of environmental decision, amended by the Government Decision no 674/2005;- Decree no 1830/2007 which approves the Guide on creating, analyzing and evaluating strategic noise maps.

- acidification abatement; - rules regarding air pollutants;- contribution to international efforts regarding, for example climate change.

In 1996 EU adopted the IPPC directive (Integrated Pollution Prevention and Control), which was meant to promote an integrated approach of air, water and soil pollution. Air pollutants are emitted by a large variety of mobile and stationary sources.In the EU legislation there are three categories of laws:1. General laws:- quality assessment and air management;- control of emissions from mobile sources (e.g. emissions from vehicle engines and fuel);2. Laws regarding emissions from stationary sources, such as industrial plants and energy-generating processes;3. Laws regarding waste incinerators.The EU legislation for this particular domain categorizes and labels chemical products and it includes specific directives regarding substances such as solvents, paints, varnishes and pesticides.

5. Waste managementBecause large quantities of waste were being produced, the Community decided in the late 70s to start developing a number of measures meant to help reduce waste by:- controlling waste disposal;- controlling trans-border waste transportation.The first regulation of such kind was the framework directive from 1975, which aimed to:- approximate national laws in this field;- encourage Member States to draw up waste management plans;- prevent waste production;- encourage waste recycling.There have been other directives concerning:- radioactive waste;- waste oil;- sewage sludges;- hazardous substances transportation.The directives that followed focused on:- the disposal of specific waste, such as packaging, batteries and chargeable cells;- hazardous waste;- pollution from waste incinerators.

Recently, the EU has focused on developing an integrated strategy meant to: - reduce resource use;- extend the life of a product;- facilitate re-using and recycling.At the same time a number of suggestions have been taken into consideration:- reduce the quantity of electrical and electronic waste produced by consumers;- determine lifespan of vehicles.The overall structure of an efficient waste management system is established by the framework-Directive on waste and the Directive on hazardous waste, which completes the first one.These directives establish the framework for waste management structures, which have been amended by two categories of daughter directives:- the first category establishes the requirements for giving operating license for waste disposal facilities;- the second category established the requirements for specific types of waste, such as oils, packaging and batteries.5.1. Framework Legislation on WasteDirective 75/442/EEC creates the framework which permits the Member States to control waste disposal at a national level, according to previous provisions. This directive was amended in 1991 (directives 91/156/EEC and 91/692/EEC), in order to supply the legal conditions for waste management, according to the Commission strategy on waste management (1989).

The new framework provides that:- new, common terminologies and definitions for waste should be adopted, based on a document written by OECD;- waste production should be prevented and reduced in Member States, by promoting clean technologies, technical improvements and disposal methods, waste recovery and utilization as secondary raw material for energy production;- uncontrolled waste disposal should be prohibited;- an integrated and adequate waste disposal network should be established, through the cooperation between Member States, by taking into account the most appropriate available technology, which does not require high costs.The competent authorities should draw up waste management plans, which determine which waste is to be recovered or disposed of, technical requirements, special provisions for certain types of waste and disposal sites and facilities.The plans may also determine the responsible persons, costs and measures used to encourage waste collection, sorting and treatment. According to the Directive on waste, the competent authorities can grant license for disposal sites and recovery facilities.According to the polluter pays principles, the costs of the disposal must be supported by the owner or the previous owner of the waste.

5.2. Hazardous wasteThe main objective of the directive 91/689/EEC was to find a common definition of hazardous waste, in order to approximate the laws of Member States on the controlled management of hazardous waste. The Directive lists all hazardous waste and their properties. All organizations that have disposal facilities must be licensed to develop such activities.As provided by the directive 75/442/EEC The competent authorities shall draw up, either separately or in the framework of their general waste management plans, plans for the management of hazardous waste and shall make these plans public.Member States must require that:- every site where discharge of hazardous waste takes place is recorded and identified;- waste is properly packaged and labeled in accordance with international and Community standards, when it is collected, transported and temporarily stored.5.3. Waste TransportationCouncil Regulation no 259/93/EEC on the supervision and control of shipments of waste within, into and out of the European Community establishes a system of controlling waste shipments and it implements the Basle Convention, the OCED Council Decision regarding transfrontier movements of waste and the Lome Convention.While the Basle Convention refers only to transboundary movements of hazardous waste, the Regulation 259/93/EEC covers the movement of waste as well. The regulation introduces separate systems for movements within the EU, imports, exports and transit.There are different requirements, according to the list (green, yellow or red) on which the waste is placed.Broadly speaking, the yellow and the red lists contain hazardous waste, whereas the green one contains non-hazardous waste.

These lists are the results of the studies made by OCED. By comparing the three lists, introduced by the regulation, on the one hand with the European Waste Catalogue- according to the framework-directive on waste, and on the other hand with the Hazardous Waste List- according to the Directive on hazardous waste- their different structure can be observed.The three lists included in Regulation 259/93/EEC have been drawn up in order to serve a different purpose than that of the European Waste Catalogue and Hazardous Waste List. Instead, all lists are to be applied in full.5.4. Facilities for waste disposal5.4.1. Hazardous waste incinerationDirective 94/67/EEC is a daughter directive of the framework Directive on waste. Member States must establish and impose functioning conditions and emission limit values for waste incineration plants, which must have a permit. According to the framework Directive regarding waste, the permit shall be granted only if the incineration plant is designed, equipped and will be operated in such a manner that the preventive measures against environmental pollution will be taken, in terms of emission limits and managerial control requirements.Hazardous waste incineration plants will reach total incinerating capacity.The permit must explicitly list the types and the quantities of those hazardous wastes which are incinerated; prior to accepting the waste at the plant, the operator shall have available a description of the waste.Any waste water discharge are, also, subject to a permit. Incineration plant sites are regulated by the Directive 80/68/EEC on the protection of groundwater. The competent authorities shall be informed about delay if any value limits are exceeded and operations are to be reduced or closed down.

5.4.2. Waste incineration in new and existing incineration plantsFor municipal waste incineration plants, Directives 89/369/EEC and 89/429/EEC apply sets of parallel requirements for granting the permit, as well as operating restrictions for both new and existing plants. They are daughter directives of the Directive 84/360/EEC on the prevention of air pollution from industrial plants.The authorization for the municipal waste incineration plants plants, their design, equipment, activity and reports are regulated by these directives. New incineration plants are considered to be those incineration plants for which authorization to operate is granted as from December 1 1990.A certain category is excluded: plants used specifically for the incineration of sewage sludge, chemical, toxic and dangerous waste, medical waste from hospitals or other type of special waste, even if these plants may burn municipal waste as well, but such incinerators are subject to more stringent regulations, provided by the Directive on hazardous waste incineration.According to the nominal capacity of the incineration plant, three levels of value limit are established for emissions, dust, heavy metals, hydrochloric acid and sulphur dioxide. The directives contain value limits and programs for gradual improvement of the waste incinerator plants, stating clearly the period of time given to reach the stated standards.The directives establish extended requirements for monitoring, inspection and report drafting for all operators of such kind of plants. Information about the permit and the results of the monitoring should be available to the public.5.4.3. Directive on landfill of wasteThis directive states that waste must be treated before it is land-filled. Land-filling waste of different categories in the same landfill site is prohibited

The cost for the deposit of waste onto the landfills must cover the cost of the plan for closure and aftercare of the site for a period of at least 50 years for monitoring subsequent sites.In order to reduce all methane emissions at Community level, the directive provides the reduction of biodegradable waste landfill; moreover, the methane produced both in existing and new landfill must be collected, used or burnt.5.5 Types of wasteThe EU legislation comprises a number of documents stating requirements and provisions regarding:- waste oils deposit;- titanium dioxide waste;- disposal of polychlorinated biphenyls and polychlorinated terphenyls;- sludge used in agriculture;- batteries;- waste packaging.6. Water qualityThe EU program on controlling water pollution is one of the oldest segments of EUs environmental policy and it is the core of the largest Union legislator until this moment:- over 16% of the new laws;- over 10% of all the legislation.The legislation on water was adopted out of the need to protect public health and it was based on standards of quality for drinking water and sewage.The first EU law was adopted in 1973 and it referred to detergent biodegradability, then in 1975 and 1976 two more directive were adopted: the directive on surface waters and the one on sewage sludge.

The 1976 Directive on pollution caused by certain dangerous substances discharged into water aimed to protect the aquatic environment rather than human health.After this directive other laws followed, which referred to:- drinking water quality;- the ways the quality of water might affect fish and shellfish;- limit values for emissions from paper and pulp industry, titanium dioxide, and nitrate used in agriculture.In 1996 at a conference on environment and water, it was confirmed and concluded that the EU policy regarding water is fragmented and a new directive on water management is needed, in order to unify and create a single system for all the requirements for water quality management.Water management is one of the most thoroughly regulated areas in the EU legislation. As a consequence of a number of extended discussions between the Member States and within the Community, it has become more and more obvious that effective protection of water quality can be achieved only by using a mixed approach, which combines pieces of legislation regarding water quality standards and pieces of legislation regarding emissions value limits. This mixed approach respects the following principles:- the precautionary principle;- the rectification at source principle;- the principle of taking into account various environments from various geographical areas.6.1. Water Framework-DirectiveThis directive aims to establish the necessary framework for achieving a sustainable water policy, such as:- securing the drinking water supply;

- securing water supply for economic reasons;- protecting water resources;- reducing the impact of floods and droughts.The environmental objective of this directive is to ensure the good status of surface water and groundwater by 2010.To this end, the directive provides to:- elaborate management plans, based on the physical characteristics of the water body;- monitor the status of surface water and groundwater;- define the quality objectives;- elaborate programs of measures in order to achieve the defined objectives.The program of measures must respect the above mentioned mixed approach, by setting the emission value limits and water quality standards.Thus, full implementation of existing EU legislation regarding emission value limits must be ensured, pieces of legislation such as:- the Directive on urban waste-water treatment;- the Integrated Pollution Prevention and Control Directive (IPPC);- the Nitrates Directive;- the Dangerous Substance Discharges Directive.Moreover, the methods used shall conform to the international standards of quality and other relevant EU regulations. Member States shall take account of the principle of recovery of the costs of water services (water supply and collection and treatment of waste-water), including environmental and resource costs

The program of measures must be based on the legislation in the water sector, be it from the Community, national or regional and it must be regarded as law.The Community legislation in this sector also contains:- the Urban Waste-water Treatment Directive (91/271/EEC)- the Nitrates Directive (91/676/EEC);- the Water Pollution by Discharges of Certain Dangerous Substances Directive (76/464/EEC);- the Drinking-water Directive (80/778/EEC);- the Fish and Shellfish Water Directives (78/659/EEC and 79/923/EEC);- the Quality Required of Surface Water Intended for the Abstraction of Drinking Water Directive (75/440/EEC); - the