The document provides an overview of EU environmental policy and law. It discusses several key points: 1. The reasons for an EU environmental policy include issues like air and sea pollution being borderless and environmental protection being an objective of the EU Treaties. 2. Major milestones in EU environmental law include the addition of a chapter on the environment to the Treaty of Rome and environmental protection attaining a constitutional level. 3. Key areas of EU environmental legislation include air and water pollution, waste management, biodiversity protection, and climate change policies like the EU Emissions Trading System.

1. EU Environmental Policy & Law An overview José Luis Bermejo Latre [email_address]

4. The milestones of the EU Environmental Law a new chapter is added to the Treaty of Rome, setting out a clear basis for the EEC environmental Law Environmental action is given full EU policy status the concept of “sustainable development” reaches the Treaty of Rome: "environmental protection requirements must be integrated into the definition and implementation of other Community policies" Environmental protection attains constitutional level (art. 37 of the Charter of Fundamental Rights) (the Treaty of Rome contained no specific provisions for the introduction of environmental legislation)

8. Mapping the EU environmental policy: > 250 pieces of legislation 1. General : environmental impact assessment (EIA) strategic environmental assessment (SEA) ecoaudits & ecolabels a ccess to information, public participation and access to justice in environmental matters liability for environmental damages 2. Sources of pollution : industries: IPPC licensing air quality: ETS (Kyoto) water quality noise pollution waste management nuclear & industrial safety (Seveso) chemical substances (REACH) 3. Use of natural resources : soil protection biodiversity: conservation of fauna & flora, biotechnology (GMOs)

11. Environmental impact assessment The EIA procedure ensures that the environmental implications of decisions are taken into account before the decisions are made. The environmental consequences of projects are identified and assessed before authorisation is given. The public can raise opinion and all results are taken into account in the authorisation procedure of the project. The process involves an analysis of the likely effects on the environment, recording those effects in a report, undertaking a public consultation exercise on the report, taking into account the comments and the report when making the final decision and informing the public about that decision afterwards. The Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (broadly amended in 1997 and 2003) subjetcs any individual projects of works and/or activities, whether public or private (dams, motorways, airports or factories), to a 2-phase procedure (the responsible files an “environmental impact study” before the “environmental organ” the “environmental organ” issues a “declaration of impact” stating positive/negative/subject to conditions the “substantive organ” approves the work, installation or activity). The EIA procedure is mandatory if the project falls into a category listed out in Annex I, otherwise the process is discretionary under some criteria.

12. Strategic Environmental Assessment The Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment ( SEA Directive) states that an assessment process (consisting of a sustainability report & public hearings) must be embedded in the procedure of approval of certain plans, programmes & policies. The aim of a SEA procedure is to identify, describe and assess the likely significant effects of the plan/ programme on the environment, as well as its reasonable alternatives. The contents of a SEA report are not binding, the purpose of the SEA is to make the decision-makers aware of the consequences of the decision made... i.e., pan-European transport network SEA= overall and low-profile environmental analysis of a plan, programme & policy

13. eco-management/eco-audit scheme & eco-label Regulation 1980/2000 on a revised Community eco-label award scheme lays down a labelling system intended to promote environmentally-friendly products, thus providing consumers with accurate and scientifically based information and guidance on products. The environmental requirements are defined in accordance with the assessment matrix given in Annex I and must meet the methodological requirements set out in Annex II. The label may be awarded by national authorities to products contributing significantly to improvements in relation to key environmental aspects. The use of the label is subject to the payment of an annual fee by the user (manufacturer, importer, service provider, trader or retailer). Regulation 761/2001 allowing voluntary participation by organisations in a Community eco-management and audit scheme lays down an environmental management system relying on self-regulation of organisations willing to participate. The organisations taking part in the EMAS scheme are registered by the national authorities on condition that they have supplied a validated environmental statement to those bodies; have paid the registration fees; have supplied a completed form; and meet all the requirements laid down in the Regulation.

14. Liability for environmental damages Under this Directive, operators of dangerous or potentially dangerous activities listed in the Annexes (most agricultural or industrial activities and activities concerning GMOs and micro-organisms) may be held responsible, whether at fault or negligent, depending on the type of activity developed. Insurance policies are not mandatory but suggested. Where there is an imminent threat of environmental damage, the national authorities must require the potential polluter to take the necessary preventive measures, or must take such measures itself and recover the costs incurred at a later date. Where environmental damage has occurred, the national authorities must require the polluter to take the necessary restorative measures, or must take such measures itself and recover the costs incurred at a later date. Remedies depend on the type of damage: decontamination of land, restoration of water or protected species and natural habitats. The "polluter pays" principle is applied through Directive 2004/35/EC of 21 April on environmental liability with regard to the prevention and remedying of environmental damage .

15. Environmental information disclosure & clearinghouse policy This legal framework lays down rights and duties regarding access to information, including deadlines for providing information and the grounds on which public authorities may refuse access to information. Information must be held up to date and broadly disclosed. Public participation in decision-making must be ensured through the authorisation procedure for certain specific activities (mainly of an industrial nature. The final decision to authorise the activity must take due account of the outcome of the public participation. A streamlined procedure has been set up for the formulation of environmental plans and programmes. Regarding access to justice, all persons who feel their rights to access to information have been impaired (request for information ignored, wrongfully refused, inadequately answered) must have access to a review procedure. Access to justice is also allowed to settle disputes relating to contraventions of environmental legislation. The application of the Århus Convention is ensured through Directive 2003/04/EC on public access to environmental information and Directive 2003/35/EC on public participation in the drawing up of environmental plans and programmes and access to justice (a specific Directive on this latter subject is envisaged).

16. Biodiversity protection Bird species and interesting fauna & flora species and their habitats are protected through the creation of a EU network of sites (SCAs= SPAs+SCIs). Human activities (sustainable development) are allowed in the sites, provided that their impact in the site assessed. The sites must be appropriately managed through “management plans”. Deliberate release and placing on the market of GMOs is subject to authorisation procedures, under a common methodology for risk assessment and a safety mechanism. Consent for GMOs is limited to a period of 10 years. Public consultation and GMO labelling is mandatory. Directive on the conservation of wild birds (1979) Directive establishing the Natura 2000 network to protect wild fauna and flora (1992) Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms (GMOs)

17. Natura 2000 sites throughout Europe: locate yours!

25. THE FUNDING OF THE EU ENVIRONMENTAL POLICY LIFE+ is the current EU’s financial instrument supporting environmental and nature conservation projects throughout the EU and in some candidate & neighbouring countries. Since 1992 LIFE has co-financed some 2,750 projects for a total of €1.35 billion. The Civil Protection Financial Instrument supports and complements Member States' efforts to protect people and property in the event of natural and man-made disasters, terrorist acts and technological, radiological and environmental accidents. It also facilitates co-operation between Member States in the field of civil protection. The Competitiveness and Innovation Programme – Entrepreneurship and Innovation Programme (CIP-EIP) supports projects in eco-innovation through three initiatives: financial instruments, network of actors and pilot and market replication projects.

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