Workshop on Multilateral Environmental Agreements

Mainstreaming environmental sustainability and MEAs in national plans and strategies

and UNDAF

22 June 2010

Why?

There is a strong need for improvement of inter-institutional cooperation and coordination in Albania

Environment is a cross-cutting issue and presumes an inter-sectoral approach

Inter-institutional cooperation is organized through ad-hoc working groups for the preparation of draft laws or strategies, steering committees of projects, inter-ministerial committees

To undertake all the tasks and to be the main engine related to the EU integration process in the environmental field

Present situation

Committee for the implementation of the National Action Plan for Environment

Council for Territory Adjustment National Council for Nature and Biodiversity Protection Tourism Policies Committee Inter-ministerial Committee for Energy State Commission for Land Coordination Group for Land Control Degradation and

Desertification Inter-Ministerial Committee on Environment

Present situation– cont.“As regards administrative capacity, the main goal remains strengthening environmental and sectoral policy making, as well as enforcement of policies in areas under the responsibility of the MoEFWA (…). Cooperation between the MoEFWA and other ministries and local government needs to be improved.” (2007 EC report)

“Further efforts are required to strengthen the administrative capacity of all institutions involved in environmental policy making and enforcement. Inter-institutional cooperation and coordination still needs improving.” (2008 EC report)

“Efforts continue to be required to strengthen the administrative capacity of all institutions involved in environmental policy making and to implement the 2008 cross-cutting strategy for the environment. Inter-institutional cooperation and coordination remain poor.” (2009 EC report)

Present situation– cont.

“Strengthen administrative capacity and coordination at national and local level.” (Short term priority of the 2007 European Partnership)

The Governmental Programme states that “In order to achieve sustainable development the Government will (…) ensure the full integration of the environmental components into all governmental decision making levels”. It also refers to considering the environment in industry and agriculture. Environment is mentioned throughout the programme as a cross-cutting topic.

In March 2008 guidelines for inter-institutional coordination on European integration were adopted by the Government.

Mainstreaming environment in Europe – history (1)

Environment did not represent a priority for neither public authorities, nor the economic circles. Only in 1972 given the economic growth and better living conditions it was recognised the need for a common policy for environment protection;

Environment policy became one of the biggest challenges for authorities, economy and people as well due to its links to health and welfare;

The first Action Programme covered the period 1973-1976. It was followed by 3 similar programmes that led to adoption of legal acts on air and water protection, noise, nature conservation and waste management;

Mainstreaming environment in Europe – history (2)

The 1987 Single European Act represents the basis for actions within environment protection area. It was decided that environment becomes an integral part of other community policies;

The 1993 Maastricht Treaty introduced the “sustainable development by respecting the environment “ concept and set up the basis of the environment policy: precautionary principle. Environment protection becomes a stand alone policy;

Mainstreaming environment in Europe – history (3)

The fifth Community Action Programme established the principles of voluntary actions covering 1992-2000 and represented the beginning of the horizontal approach towards pollution causes (industry, energy, tourism, transport, agriculture);

The sixth Community Action Programme covers the period up to 2010, defines four priority areas (climate change, nature and biodiversity, management of natural resources and waste) and establishes the tools to meet the priorities: better legal enforcement, cooperation and mainstreaming environment into other policies;

The Amsterdam Treaty turns the sustainable development principle into a goal and environment protection into a priority.

The 5th Community Action Programme (1992 – 2000)

Objective – to set up a community strategy and the measures to ensure sustainable development

The European Commission established the framework for integrating environment into other sectors’ policies:

Integrating environment into all activities of the European Institutions;

Re-analysing the existing policies; Implementing strategies for key areas; Defining the priority actions and the mechanisms to

monitor the implementation; Reporting mechanisms.

The 5th Community Action Programme (1992 – 2000) –

cont.New approach of environmental policy, based on the following principles: Adoption of a global, proactive strategy, involving various actors and activities

affecting natural resources and polluting the environment; Change the current practices and social behoviour; Establishing the collective responsibility concept; Make use of environment instruments.

Priority actions: Long term resource management; Integrated strategy to combat pollution; Reduce energy consumption from non-reusable resources; Improve the quality of the urban environment; Target areas: industry, energy, transport and tourism.

Status in 1995: Some pollution reduction; Improved water quality and phase out of ODS; Lack of progress in agriculture and tourism; Still far from reching sustainable development.

The 6th Community Action Programme 2010: our future, our

choice Priority domains: improve the enforcement of the current

legislation, integrating environment into other sectors’ policies, relation with the market, public involvement, considering environment in the planning process and in decision making;

Priority action areas: climate change, biodiversity, envronment and health, resources and waste management;

Integrate environment in EU external relations– enlargement context- international environment agreements

The Programme is based on scientific and economic analysis and on environment indicators (EEA).

The Cardiff process - 1998 

Proposes a phased approach with two priority objectives: Agenda 2000 and Kyoto Protocol;

Agenda 2000 includes environment in two contexts: reform of the CAP and the cohesion policy; EU enlargement strategy;

The signatories of the Kyoto Protocol will reduce the GHGs emissions between 2008-2012 (global strategy and initiatives in transport, energy, agriculture and industry);

In June 2004 the document “Integrating environment into other sectors’ policies – Cardiff process evaluation” highlights the need to improve the consistence of the strategies, improve the visibility and the political support at the highest levels.

EU environmental legislation

The candidate countries need to comply with the spirit as well as with the letter of EU legislation

Environmental Acquis the directives, regulations and decisions adopted on the

basis of various Treaties which together make up the primary law of the European Union;

all the principles, policies, laws and objectives that have been agreed by the European Union;

includes the Treaties, all Community legislation, all the principles of law and interpretations of the European Court of Justice, all international agreements signed by the European Commission;

it goes much further than simply the formal legislation assembly of rights and obligations common to all MS.

Legal approximation

Organisation of institutions, procedures, staff so to cope with EU requirements in terms of law making, implementation and enforcement.

Presumes three key elements: Transposition = adopt or change the national laws,

rules and procedures so that the EU requirements are fully incorporated

Implementation = provide the institutions and the necessary budget so to allow them to put into practice the provisions of the transposed legislation

Enforcement = provide the necessary controls and penalties to ensure the full and proper compliance with legal provisions.

The EIA Directive – cont. Represents the concrete application of the ‘preventive

approach’ Establishes the types of projects to be assessed and the

information required to be presented during the assessment.

The environmental authority must comment based on the information before making a decision, and the public must be informed.

The specific requirements of this Directive are: Determination of the competent authorities and the required

administrative structures at national and sub-national level; Creation of guidelines at national level on the compulsory

content of an impact study; Creation of models for ensuring public participation.

The SEA Directive Ensures a high level of protection and contributes to

integration of environmental consideration in preparing and adopting plans/programmes in order to promote sustainable development;

Ensures the realisation of environmental assessment for those plans/programmes possible to have an impact on environment.

Plans/programmes are from the following domains: agriculture, forestry, fishery, energy, transport, waste management, water management telecommunication, tourism, land planning and land use. Exceptions refer to national defence, financial and budgetary ones, and urgencies from the civil field.

The SEA Directive – cont. Environmental assessment is carried out in the preparatory

stage and before the adoption of the plan/programme; For each plan/programme an environmental report must be

prepared, in which the significant environmental effects at the moment of plan’s/programme’s implementation must be presented, as well as some alternatives;

Information of the environmental report must be available for the public;

If a plan/programme has a significant transboundary effect, the affected state must be involved in the process;

After implementation, the activity will be closely monitored in order to identify at an early stage any adverse effects and for undertaking any remedial actions needed.

The Air Quality Framework Directive and Daughter

Directives

The main objectives of the Framework Directive are referring to the need to set a system for air quality management, a monitoring system and a system of reporting and publicizing information.

The Directive establishes “only” a policy framework, therefore it is used in practice through its Daughter Directives. They are pollutant specific Directives, which for the given pollutant set the alert thresholds, limit values and deadlines for them: relating to limit values for NOx, SO2, Pb and PM10 in

ambient air; relating to limit values for benzene and carbon

monoxide in ambient air;

Prepare plans and programmes of actions to achieve the pollutant limit values;

Prepare measures to inform the public and to improve the situation when alert thresholds are exceeded;

Set the compulsorily of the compliance plan/programme for reaching the target values, based on the level of the existing pollution;

Identify key stakeholders with respect to the non-compliant situations;

Identify key pollution sources contributing the most to the bad ambient air quality and cost effective measures to reduce their emissions;

Prepare a comprehensive financial plan.

The Air Quality Daughter Directives

Waste Directives - Landfill The authorities must identify the non-compliant situations by: Verifying if the municipal landfill complies with technical

requirements such as: lining, site fencing, methane collection and utilisation, leachate collection and treatment;

Verifying if waste is treated prior to disposal to landfill; Verifying if co-disposal of municipal and hazardous waste is

permitted; Verifying if tires, healthcare wastes, flammable and liquid

waste are landfilled; Determining the present rates of composting; Verifying if regular monitoring of the types and quantities of

generated/disposed waste is undertaken; Verifying if regular reporting arrangements are established.

Water Directives - UWWTThe main objectives of the Directive are: Protect the environment against adverse effects of

wastewater discharges; Ensure that appropriate technical infrastructure exists to

treat wastewater prior to discharge; Establish emission limit standards for urban wastewater

discharges as well as for discharges from certain industrial sectors.

The non-compliance situations are determined by: Knowing the specific requirements in the administrated

area (e.g. population equivalent, sensitivity) and determining the sufficiency of the wastewater treatment

Existence of plans to upgrade wastewater treatment; Existence of cost recovery system.

Water Directives – Drinking water

 

The authorities must ensure that water intended for human consumption is “wholesome and clean”, and they must provide adequate information to the consumers on the quality of drinking water.

Water pricing - cost recovery principle must be taken into consideration at setting the cost of water.

The obligation to ensure the monitoring of water quality and to provide information in this respect. There are situations when investment into water supply systems may be required.

Water Directives-Sewage Sludge

The Directive proposes to prevent hazardous effects of sewage sludge in agriculture on soil, vegetation, animals and people and at the same time to encourage the correct use of sewage sludge, which can be beneficial for cultivation of crops by fulfilling specific conditions.

The authorities must ensure that: Sewage sludge producers are obliged to provide users with

the specified information related to composition of sludge; Records containing detailed information on sewage sludge

(quantities, composition, use and results of analyses, names and addresses of recipients, places where it is to be used) should be kept and made available to competent authorities.