EU Environmental Policy 1 EU Environmental Policy v

EU Environmental Policy 1

EU Environmental Policy v Treaty of Rome 1957 (Art. 100) v Single European Act 1981 (Arts. 130 r, 130 s, 130 t, 100 a) – Environmental protection component of EC policy v Maastricht Treaty 1992 – Precautionary principle – qualified majority voting v Treaty of Amsterdam 1997 – Principle of sustainable development – Integrate environmental consideration in other issue areas – Extents authority of EU Parliament in environmental policy 2

European Institutions v European Commission (DG Environment) v Council of Ministers v European Parliament v European Court of Justice (ECJ) 3

EU Environmental Policy: Instruments v Regulations: Take effect on date specified in them or 20 days after official publication Regulation (3528/86): Protection of Forests Against Atmospheric Pollution Regulation on the evaluation and control of the risks of existing substances (1993) v 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 v Subcidiarity principle – actions are taken at the EU level only if they cannot be undertaken more efficiently at the local level 4

Large Combustion Plant Directive (1988) Emissions Limits 1. Solid fuels 2. Liquid fuels Thermal capacity (MW) SO 2 (Mg/Nm 3) 50 -100 2000 100 -500 2000 -400 >500 400 50 -300 NOx (Mg/Nm Dust (Mg/N m 3) 650 100 40 (100 -167 MW) 40 -90 (167 -500 MW) 650 100 90 650 50 1700 450 50 300 -500 1700 -400 linear decrease 450 50 >500 450 50 350 5 3. Gaseous fuels 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 5 Desulfurization rate (%) 3)

Areas of EU Environmental Policy v v v v 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 6

Why No Race to the Bottom? 7

Expanding the EU Environmental Mandate v 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 8

Expanding the EU Environmental Mandate v “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 control (German Approach) – technology based standards Denmark tried exporting “eco tax” on fuels, but proposal killed. 9

Expanding the EU Environmental Mandate v 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 10

Implementation of EU Environmental Policy v v Is the glass half empty or half full? Mechanism of “enforcement” – “Police control” by the European Commission – monitoring of compliance – “Fire alarms” – complaints to the European Commission; cases for noncompliance with EU law can be raised at national courts v Mechanisms of environment “management” or norm and policy diffusion – – Capacity building (twinning) Information and shaming Subsidization of environmental infrastructure More flexibility 11

Future of EU Environmental Policy v Would the accession of poorer Central and East European States dilute EU environmental policy? v Areas of leadership in IR – – – Climate Biotechnology Chemicals regulation Waste minimization Biodiversity? v Transnational organization of actors play a growing role (environmentalists, business, science, bureaucrats) v Issues of policy integration (agriculture, transport, energy) still unresolved, on the agenda 12

Challenges of EU Accession and the Environment v Unequal economic development v Structural reforms and unemployment v Weak administrative capacity v High cost of environmental regulations (est. EUR 120 bn over 10 years) v “Environment one of most difficult areas for accession negotiations” (European Commission 1997) 13

The Puzzle of Environmental Harmonization v All closed environment negotiations v Limited transition periods for implementation v Is this a case of “paper compliance”? 14

The Czech Republic: Air Emissions, 1990 -1997 15

Poland: Air Emissions, 1990 -1997 16

Bulgaria: Air Emissions, 1990 -1997 17