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Explore EU environmental policy evolution, key directives, and implementation strategies. Learn about the mandate expansion, future challenges, and areas of leadership in international relations.
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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”?
