Planned activities for 2016 on better implementation and better regulation in the field of environment policyMake It Work Conference

10/11 Dec 2015

DG EnvironmentEuropean Commission

Summary

• DG ENV has numerous activities in relation to better regulation and better implementation, this presentation gives an overview of the most relevant ones in relation to the MiW agenda

• Close collaboration between MIW and DG ENV on concrete subjects (see compliance assurance and reporting) is ongoing and useful

• The upcoming Presidency of the Netherlands will be an opportunity to discuss some of these issues further

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Better Regulation

• May 2015 package on Better Regulation• REFIT Platform• External members on the Regulatory Scrutiny Board• New guidelines for Evaluation and Impact Assessment• Emphasis on consultation

• October Commission Work Programme 2016• Sets out concrete major initiatives But other actions not listed there will also be relevant• Roadmaps set out details, timetable and process for

individual initiativesBut currently not all roadmaps adopted and published yet, final validation process ongoing.

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Better Regulation and the environmental acquis

• DG Environment has many REFIT evaluation commitment:• Environmental Liability Directive, INSPIRE evaluations in early

2016• More REFIT evaluations on Nature and EMAS and Ecolabel in

2016 plus evaluations on Noise, VOCs, EPRTR• Continual stream for future including Chemicals Fitness Check

In addition, some new, cross-cutting initiatives planned / considered:• Environment Implementation Review (EIR)• Fitness Check on monitoring and reporting• Compliance Assurance initiative • Access to Justice initiative • Work on streamlining of

environmental assessments (EIA, etc)

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Why focus on implementation?

Implementation gaps = costs for people, the environment and the public purse (also people: taxpayers)

over €50 bn

Need to improve the quality of the environment

Positive consequences for people and communities Improved level playing field and opportunities for economic

operators Enhance the credibility of our environmental policies at home and

abroad

The EIR (1) – why?

Going beyond enforcement

A strategic approach: looking at the main existing binding objectives and obligations

They will be the single set of benchmarks for an even-handed approach (equal treatment)

Similar to implementation reviews in other areas, but no scoreboards: country profiles

Using existing information = no administrative burden

The EIR (2) – the fundamentals

The Environmental Implementation Review process

28 country reports

1-2 issue papers addressing the

most relevant implementation challenges

1 Communication

June 2016 – to frame the process

Member States – every 2 years

Council/Parliament – reflecting reality and according to the needs

From 2nd cycle onwards, Commission reports also on progress

The EIR (3) – current ideas

Streamlining the environmental assessments, Article 2(3) EIA Directive (revised)

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Duplication of procedures and unnecessary overlaps in environmental assessments are avoided.

Better integration of the environmental considerations in the development consent and provide developers with certainty.

Less administrative burden by designation of an authority in charge of coordinating the various individual assessments.

Improved efficiency of the national regulatory framework related to environmental assessments by enhancing its transparency and quality.

Streamlining (1)

Article 2 (3) EIA, paragraph 1: "[…] Member States shall, where appropriate, ensure that coordinated and/or joint procedures fulfilling the requirements of that Union legislation are provided for."

If a project requires an assessment both under EIA and Habitats/Bird Directives, MS have to provide for a coordinated and/or joint procedure, unless such procedure is not appropriate for the project in question.

Unconditional obligation for streamlining the environmental assessments in such circumstances.

The verb "shall" implies more than a mere option, especially seen in the context of Art. 2(3), para. 2, "may".

Streamlining the environmental assessments

Streamlining (2)

Article 2 (3) EIA, paragraph 2: In the case of projects for which the obligation to carry out assessments of the effects on the environment arises simultaneously from this Directive and Union legislation other than the Directives listed in the first subparagraph, Member States may provide for coordinated and/or joint procedures.

In addition, Member States have now a mandate, to merge environmental assessments required by the EIA and other EU legislation (e.g. Water Framework Directive (WFD), Industrial Emissions Directive (IED) Strategic Environmental Assessment Directive (SEA), Seveso Directive and Waste Framework Directive).

The streamlining can be done either as coordinated or joint procedure, or in combination of the two.

The verb "may" implies that the streamlining is subject to Member States' discretion, i.e. there is no obligation.

Streamlining the environmental assessments

Streamlining (3)

Take away messages

• DG ENV has numerous activities in relation to better regulation and better implementation, this presentation gives an overview of the most relevant ones in relation to the MiW agenda – we are proactive!

• Close collaboration between MIW and DG ENV on concrete subjects is ongoing and useful, see compliance assurance and reporting – we value every input!

• The upcoming Presidency of the Netherlands will be an opportunity to discuss some of these issues further – we are looking forward to the policy discussions!

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Questions?

Thank you for your attention!