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EU Environmental Policy. EU 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
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EU 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
European Institutions • European Commission (DG Environment) • Council of Ministers • European Parliament • European Court of Justice (ECJ)
EU 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 Pollution Regulation 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
Large Combustion Plant Directive (1988) Emissions Limits Source: European Council 1988, Directive 88/609/EEC, Annex III-VIII
Areas 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
Expanding 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
Expanding 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.
Expanding 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
Implementation of EU Environmental Policy • 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 non-compliance with EU law can be raised at national courts • Mechanisms of environment “management” or norm and policy diffusion • Capacity building (twinning) • Information and shaming • Subsidization of environmental infrastructure • More flexibility
Future of EU Environmental Policy • 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
Challenges 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)
The Puzzle of Environmental Harmonization • All closed environment negotiations • Limited transition periods for implementation • Is this a case of “paper compliance”?
