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EU Environmental PolicyEU Environmental Policy

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EU Environmental PolicyEU Environmental Policy

Treaty of Rome 1957 (Art. 100)

Single European Act 1981 (Arts.130r, 130s, 130t,100a)– Environmental protection component of EC policy

Maastricht Treaty 1992 – Precautionary principle– qualified majority voting

Treaty of Amsterdam 1997– Principle of sustainable development– Integrate environmental consideration in other issue areas– Extents authority of EU Parliament in environmental policy

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European InstitutionsEuropean Institutions

European Commission (DG Environment)European Commission (DG Environment)

Council of MinistersCouncil of Ministers

European ParliamentEuropean Parliament

European Court of Justice (ECJ)European Court of Justice (ECJ)

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EU Environmental Policy: InstrumentsEU Environmental Policy: Instruments

Regulations: Take effect on date specified in them or 20 days after official publication

Regulation (3528/86): Protection of Forests Against Atmospheric PollutionRegulation on the evaluation and control of the risks of existing substances

(1993)

Directive: Have to be transposed in national laws (usually within 2 years)-Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community -Large Combustion Plant Directive (1988, 2001)-DIRECTIVE 2001/81/EC on national emission ceilings for certain atmospheric pollutants

Subcidiarity principle – actions are taken at the EU level only if they cannot be undertaken more efficiently at the local level

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Large Combustion Plant Directive (1988) Large Combustion Plant Directive (1988) Emissions LimitsEmissions Limits

Thermal capacity (MW)

SO2(Mg/Nm3)

Desulfurization rate (%)

NOx(Mg/Nm3)

Dust(Mg/Nm3)

1. Solid fuels 50-100 2000 650 100

100-500 2000-400 40 (100-167 MW)40-90 (167-500 MW)

650 100

>500 400 90 650 50

2. Liquid fuels 50-300 1700 450 50

300-500 1700-400linear decrease

450 50

>500 400 450 50

3. Gaseous fuels 350 5

3.1 Gaseous fuels in general

35

3.2 Liquefied gas 5

3.3 Low calorific gases

800

Source: European Council 1988, Directive 88/609/EEC, Annex III-VIII

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Areas of EU Environmental PolicyAreas of EU Environmental Policy

General Air Water Waste Chemicals Biodiversity Biotechnology Noise Industrial risk Integrated pollution control Eco-labeling and audits Climate Over 400 pieces of legislation altogether

http://europa.eu.int/comm/environment/policy_en.htm

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Why No Race to the Bottom?Why No Race to the Bottom?

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Expanding the EU Environmental MandateExpanding the EU Environmental Mandate

Market integration drives policy integration (functionalist logic)– Trade and environment conflicts

barriers to the functioning of the common internal market; transaction cost considerations ECJ rulings as focal points for new regulations EU institutions and institutional rules

– Examples Chemical safety policies (US lead, the EC followed because of trade

interests) Auto emission standards (California, Germany, EC standards) Danish beer bottle case

– Danish ban on cans, require reusable bottles– ECJ 1988 ruled trade restriction on environmental grounds are justified

provided they do not discriminate unfairly;– Directives on beverage containers and on packaging and waste

Most of the environmental “acquis” related to the common market

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Expanding the EU Environmental MandateExpanding the EU Environmental Mandate

“Exporting” domestic regulations (political logic)– Domestic regulations provide incentive to harmonize at EU

level (avoid competitive disadvantage, promote domestic regulatory style and technology

– Examples:Integrated Pollution Prevention Control

– issue permits to large industrial resources -minimize pollution in air, water, land; waste minimization and efficiency (UK approach), -Best Available Technology Not Entailing Excessive Cost (BATNEC) in as well.

Large Combustion Plant Directive – command and control (German Approach)– technology based standards

Denmark tried exporting “eco tax” on fuels, but proposal killed.

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Expanding the EU Environmental MandateExpanding the EU Environmental Mandate

Environmental concern (political logic)

– Commission as agenda setter– Role of environmental leaders (Germany, Netherlands, Sweden,

Denmark, Austria, Finland, UK more recently)– The “green accession” of Sweden, Denmark, Austria, Finland

The EU Acidification strategy; stricter Large Combustion Plant Directive (2001); National Ceilings (2001). Took 4 years to negotiate

– Public advocates Environmental Impact Assessment Directive Food safety and GMOs

– EU business Well organized at the European Union levels Influences negotiations both through governments as well as

through the Commission

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Implementation of EU Environmental Implementation of EU Environmental PolicyPolicy

Is the glass half empty or half full?Is the glass half empty or half full? Mechanism of “enforcement”Mechanism of “enforcement”

– ““Police control” by the European Commission – monitoring of Police control” by the European Commission – monitoring of compliancecompliance

– ““Fire alarms” – complaints to the European Commission; cases for Fire alarms” – complaints to the European Commission; cases for non-compliance with EU law can be raised at national courtsnon-compliance with EU law can be raised at national courts

Mechanisms of environment “management” or norm and Mechanisms of environment “management” or norm and policy diffusionpolicy diffusion– Capacity building (twinning)Capacity building (twinning)– Information and shamingInformation and shaming– Subsidization of environmental infrastructureSubsidization of environmental infrastructure– More flexibilityMore flexibility

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Would the accession of poorer Central and East European States dilute EU environmental policy?

Areas of leadership in IR– Climate– Biotechnology– Chemicals regulation– Waste minimization– Biodiversity?

Transnational organization of actors play a growing role (environmentalists, business, science, bureaucrats)

Issues of policy integration (agriculture, transport, energy) still unresolved, on the agenda

Future of EU Environmental PolicyFuture of EU Environmental Policy

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Challenges of EU Accession and the EnvironmentChallenges of EU Accession and the Environment

Unequal economic development

Structural reforms and unemployment

Weak administrative capacity

High cost of environmental regulations (est. EUR 120 bn over 10 years)

“Environment one of most difficult areas for accession negotiations” (European Commission 1997)

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The Puzzle of Environmental HarmonizationThe Puzzle of Environmental Harmonization

All closed environment negotiations

Limited transition periods for implementation

Is this a case of “paper compliance”?

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The Czech Republic: Air Emissions, 1990-1997The Czech Republic: Air Emissions, 1990-1997

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600

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1990 1991 1992 1993 1994 1995 1996 1997

Tons

/Yea

r

SO2

NOx

Dust

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Poland: Air Emissions, 1990-1997Poland: Air Emissions, 1990-1997

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500

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1500

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2500

3000

3500

1990 1991 1992 1993 1994 1995 1996 1997

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/Yea

r

SO2

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Bulgaria: Air Emissions, 1990-1997Bulgaria: Air Emissions, 1990-1997

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500

1000

1500

2000

2500

1990 1991 1992 1993 1994 1995 1996 1997

Tons

/Yea

r

SO2

NOx

Dust