Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | ENVI |
ROSSI Oreste ( EFD)
|
FLORENZ Karl-Heinz ( PPE),
LEINEN Jo ( S&D),
SKYLAKAKIS Theodoros ( ALDE),
HASSI Satu ( Verts/ALE),
ROSBACH Anna ( ECR)
|
| Committee Opinion | PETI |
CHICHESTER Giles ( ECR)
|
Adina-Ioana VĂLEAN ( PPE)
|
| Committee Opinion | REGI | ||
| Committee Opinion | JURI | ||
| Committee Opinion | TRAN | ||
| Committee Opinion | ITRE |
Lead committee dossier:
Legal Basis:
RoP 54
Legal Basis:
RoP 54Events
The European Parliament adopted a resolution on improving the delivery of benefits from EU environment measures: building confidence through better knowledge and responsiveness, and welcomes the Commission Communication on the subject.
Implementation as common task and opportunity : Parliament notes the unsatisfactory level of implementation of environmental law , recalling that the annual cost of non-implementation of EU environmental legislation is currently EUR 50 billion in health costs and direct costs to the environment, rising to EUR 90 billion from 2020 onwards. Members further note that full implementation of EU legislation in the waste sector alone would generate 400 000 jobs and save EUR 72 billion annually.
Observing that the current fragmented state of implementation in Member States increases uncertainty about the exact requirements, and, in so doing, discourages investments in those environmental areas that can generate jobs, Members make a series of recommendations and put forward solutions to assure a more efficient implementation. In particular, they note that much of the unnecessary administrative costs linked to environmental legislation are due to inadequate or inefficient public and private administrative practices in Member States. They call on the Commission, the Member States and the regions concerned to improve the flow of information, and increase transparency, through more active and frequent exchanges.
Solutions to assure a more efficient implementation : Parliament recommends:
dissemination of best practices between Member States, and between the regional and local authorities, as well as through greater cooperation with the European Institutions; improving data on compliance and enforcement work; the setting up of a user-friendly website where the most recent indicator measurements would be available and where informal comparisons among the Member States would be possible; the setting up of a systematic and easily accessible online information tool on implementation; involving citizens in the implementation process, in a structured way; the pooling of knowledge between the respective judicial systems of Member States that deal with infringements of EU environmental legislation;
It calls on the Commission to:
explore the possibility of setting up partnership implementation agreements between the Commission and individual Member States, or between Member States, in order to promote better implementation; examine whether greater participation by local authorities throughout the process of defining environmental policy would be useful; re-consider demands for the introduction of a best-practise database , and explore ways in which information and communication technology can be deployed to provide as much useful online information as possible on how EU environmental law should be implemented; create a complaint unit where citizens can communicate problems related to the implementation of environmental legislation; set up an Environmental Law Inspection Unit , whose role will be to assist in the implementation of the environmental legislation.
Member States are asked to advance strategies in the framework of the 7th Environment Action Programme, and to ensure adequate capacity and finances for their full implementation, even in times of austerity.
Lastly, the European Environment Agency (EEA) is called upon to:
develop further its capacities to assist in assuring the quality of monitoring and the comparability of the environmental information collected in different parts of the EU; focus on capacity building and the dissemination of best practice in the Member States.
The Committee on the Environment, Public Health and Food Safety adopted the own-initiative report by Oreste ROSSI (EFD, IT) on improving the delivery of benefits from EU environment measures: building confidence through better knowledge and responsiveness, and welcomes the Commission Communication on the subject.
It notes the unsatisfactory level of implementation of environmental law , which not only harms the environment and human health but also creates uncertainty for industry and places obstacles to the Single Market. The annual cost of non-implementation of EU environmental legislation is currently EUR 50 billion in health costs and direct costs to the environment, rising to EUR 90 billion from 2020 onwards. Members further note that full implementation of EU legislation in the waste sector alone would generate 400 000 jobs and save EUR 72 billion annually.
Observing that the current fragmented state of implementation in Member States increases uncertainty about the exact requirements, and, in so doing, discourages investments in those environmental areas which can generate jobs, Members make a series of recommendations and put forward solutions to assure a more efficient implementation. In particular, they note that much of the unnecessary administrative costs linked to environmental legislation are due to inadequate or inefficient public and private administrative practices in various Member States. The committee recommends:
· dissemination of best practices between Member States, and between the regional and local authorities that are responsible for implementing EU legislation, as well as through greater cooperation with the European Institutions;
· improving data on compliance and enforcement work;
· the setting up of a user-friendly website where the most recent indicator measurements would be available and where informal comparisons among the Member States would be possible;
· the setting up of a systematic and easily accessible online information tool on implementation;
· involving citizens in the implementation process, in a structured way;
· the pooling of knowledge between the respective judicial systems of Member States that deal with infringements of EU environmental legislation;
It calls on the Commission to:
· explore the possibility of setting up partnership implementation agreements between the Commission and individual Member States, or between Member States, in order to promote better implementation;
· examine whether greater participation by local authorities throughout the process of defining environmental policy would be useful;
· re-consider demands for the introduction of a best-practise database , and explore ways in which information and communication technology can be deployed to provide as much useful online information as possible on how EU environmental law should be implemented;
· create a complaint unit where citizens can communicate problems related to the implementation of environmental legislation;
· set up an Environmental Law Inspection Unit , whose role will be to oversee and assist in the implementation of the environmental legislation.
Lastly, Member States are asked to advance further the proper implementation of EU environmental legislation and adopted policies and strategies in the framework of the 7th Environment Action Programme, and to ensure adequate capacity and finances for their full implementation, even in times of austerity.
PURPOSE: to improve the delivery of benefits from EU environment measures through better knowledge and responsiveness in dealing with the problems on the ground.
BACKGROUND: the 2010 European Environment State and Outlook report from the European Environment Agency (EEA), confirms that the EU appears to be locked in a number of status-quo and downward trends which are moving away from, rather than toward, sustainability.
With the exception of soil, there is already extensive EU environment legislation, much of it long established, so the main challenge is now one of effective implementation.
Two issues stand out : the extent of our knowledge about the state of the environment and how it is safeguarded; and effective ways of dealing with problems on the ground.
Knowledge and responsiveness are complementary facets of implementation at EU level. To give just one example, better knowledge can enable customs authorities to deploy better control strategies for illegal trade in waste and endangered species.
The costs of not implementing current legislation are broadly estimated at around EUR 50 billion a year. These relate not just to environmental but also to human health impacts. For example, 20 % - 50 % of the European population lives in areas where the air quality breaches European limit values and the estimated annual costs in terms of health expenditure or days of work lost run to EUR billions.
More specifically, full implementation of EU waste legislation is estimated to generate 400,000 jobs and have net costs that are EUR 72 billion per year lower than under the alternative scenario of non-implementation.
This Communication supplements the 2007 and 2008 Communications. It responds to the December 2010 Environment Council request that the Member States and Commission enhance and improve the implementation and enforcement of EU environment legislation in order to improve the state of the environment and ensure a level playing field.
CONTENT: this Communication aims to examine the means of helping Member States achieve a fully systematic approach in knowledge collection and dissemination and greater responsiveness to problems on the ground . Effective access to justice is necessary but not sufficient, so it is proposed to also look at inspections and surveillance, complaint mechanisms and formalising partnerships to ensure implementation.
1) Improving knowledge on implementation : knowledge about implementation covers, on the one hand, the state of the environment and, on the other, all the required administrative and other measures intended to protect and improve it. However, it is not always simple to identify quickly the provisions of national law that correspond to a given provision of a directive. Monitoring efforts are uneven across Europe and the information generated is patchy and often out-of-date. Environmental information is available through individual requests rather than systematically published.
Meeting the environmental information needs and expectations of citizens, administrations and businesses requires information systems to be set up by Member States that generate, manage and communicate information that shows how EU laws are implemented and complied with in practice.
The objectives described in the Communication aim at:
· examining how to engage more actively with Member States so that they put in place effective information systems;
· providing better aggregated information at EU level;
· ensuring confidence in the information generated as a whole; and
· helping Member States to address data gaps and more effectively monitor land-cover changes.
2) Improving responsiveness at national, regional and local levels : improved knowledge will contribute to better delivery but it is not enough on its own. As guardian of the Treaties, the Commission uses its enforcement powers to address an absence of required end-results. However, the high number of infringements, complaints and petitions related to EU environment legislation points to a need generally to reinforce implementation monitoring within Member States.
The Commission proposes to examine a series of initiatives that could address this challenge. The initiatives are complementary and will be more effective in combination:
· improving the inspections and surveillance applying to EU legislation , for example by upgrading the existing framework for inspections and surveillance and assessing options for complementing national inspections and surveillance in a targeted way at EU level, including an EU-level inspection and surveillance capacity;
· better complaint-handling and mediation at national level : there is currently no general framework on how competent authorities should respond to complaints at national level. A dual approach addressing direct and review-stage complaint handling would make it more likely that concerns and grievances will be dealt with in a consistent way and sooner rather than later. There may be situations in which mediation or other similar dispute resolution mechanisms will add a further useful dimension;
· improving access to justice : the Commission considers it appropriate to explore how greater certainty could be provided for national courts and economic and environmental interests. Possibilities include: (i) developing guidance to take account of a significant recent body of case-law in order to improve implementation of existing access to justice provisions; (ii) defining at EU level the conditions for efficient as well as effective access to national courts in respect of all areas of EU environment law;
· delivering improvements in environmental outcomes through capacity-building and implementation agreements that engage Member States : where problems emerge, there is a need for clear commitments from Member States to put in place measures, with benchmarks and timelines, to deliver the required results. These commitments need to be formalised and publicly available, so that Member States, the European Parliament, businesses and citizens can have confidence that their concerns are being addressed within a structured framework. This challenge could be addressed through partnership implementation agreements designed to help deliver improved environmental outcomes.
This Communication is addressed to the European Parliament, Member States, their citizens and all actors in the area of implementation and enforcement of environment law. The 7 th Environmental Action Programme should ensure a proper follow up and specific measures will be subject to impact assessment.
PURPOSE: to improve the delivery of benefits from EU environment measures through better knowledge and responsiveness in dealing with the problems on the ground.
BACKGROUND: the 2010 European Environment State and Outlook report from the European Environment Agency (EEA), confirms that the EU appears to be locked in a number of status-quo and downward trends which are moving away from, rather than toward, sustainability.
With the exception of soil, there is already extensive EU environment legislation, much of it long established, so the main challenge is now one of effective implementation.
Two issues stand out : the extent of our knowledge about the state of the environment and how it is safeguarded; and effective ways of dealing with problems on the ground.
Knowledge and responsiveness are complementary facets of implementation at EU level. To give just one example, better knowledge can enable customs authorities to deploy better control strategies for illegal trade in waste and endangered species.
The costs of not implementing current legislation are broadly estimated at around EUR 50 billion a year. These relate not just to environmental but also to human health impacts. For example, 20 % - 50 % of the European population lives in areas where the air quality breaches European limit values and the estimated annual costs in terms of health expenditure or days of work lost run to EUR billions.
More specifically, full implementation of EU waste legislation is estimated to generate 400,000 jobs and have net costs that are EUR 72 billion per year lower than under the alternative scenario of non-implementation.
This Communication supplements the 2007 and 2008 Communications. It responds to the December 2010 Environment Council request that the Member States and Commission enhance and improve the implementation and enforcement of EU environment legislation in order to improve the state of the environment and ensure a level playing field.
CONTENT: this Communication aims to examine the means of helping Member States achieve a fully systematic approach in knowledge collection and dissemination and greater responsiveness to problems on the ground . Effective access to justice is necessary but not sufficient, so it is proposed to also look at inspections and surveillance, complaint mechanisms and formalising partnerships to ensure implementation.
1) Improving knowledge on implementation : knowledge about implementation covers, on the one hand, the state of the environment and, on the other, all the required administrative and other measures intended to protect and improve it. However, it is not always simple to identify quickly the provisions of national law that correspond to a given provision of a directive. Monitoring efforts are uneven across Europe and the information generated is patchy and often out-of-date. Environmental information is available through individual requests rather than systematically published.
Meeting the environmental information needs and expectations of citizens, administrations and businesses requires information systems to be set up by Member States that generate, manage and communicate information that shows how EU laws are implemented and complied with in practice.
The objectives described in the Communication aim at:
· examining how to engage more actively with Member States so that they put in place effective information systems;
· providing better aggregated information at EU level;
· ensuring confidence in the information generated as a whole; and
· helping Member States to address data gaps and more effectively monitor land-cover changes.
2) Improving responsiveness at national, regional and local levels : improved knowledge will contribute to better delivery but it is not enough on its own. As guardian of the Treaties, the Commission uses its enforcement powers to address an absence of required end-results. However, the high number of infringements, complaints and petitions related to EU environment legislation points to a need generally to reinforce implementation monitoring within Member States.
The Commission proposes to examine a series of initiatives that could address this challenge. The initiatives are complementary and will be more effective in combination:
· improving the inspections and surveillance applying to EU legislation , for example by upgrading the existing framework for inspections and surveillance and assessing options for complementing national inspections and surveillance in a targeted way at EU level, including an EU-level inspection and surveillance capacity;
· better complaint-handling and mediation at national level : there is currently no general framework on how competent authorities should respond to complaints at national level. A dual approach addressing direct and review-stage complaint handling would make it more likely that concerns and grievances will be dealt with in a consistent way and sooner rather than later. There may be situations in which mediation or other similar dispute resolution mechanisms will add a further useful dimension;
· improving access to justice : the Commission considers it appropriate to explore how greater certainty could be provided for national courts and economic and environmental interests. Possibilities include: (i) developing guidance to take account of a significant recent body of case-law in order to improve implementation of existing access to justice provisions; (ii) defining at EU level the conditions for efficient as well as effective access to national courts in respect of all areas of EU environment law;
· delivering improvements in environmental outcomes through capacity-building and implementation agreements that engage Member States : where problems emerge, there is a need for clear commitments from Member States to put in place measures, with benchmarks and timelines, to deliver the required results. These commitments need to be formalised and publicly available, so that Member States, the European Parliament, businesses and citizens can have confidence that their concerns are being addressed within a structured framework. This challenge could be addressed through partnership implementation agreements designed to help deliver improved environmental outcomes.
This Communication is addressed to the European Parliament, Member States, their citizens and all actors in the area of implementation and enforcement of environment law. The 7 th Environmental Action Programme should ensure a proper follow up and specific measures will be subject to impact assessment.
Documents
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T7-0077/2013
- Committee report tabled for plenary: A7-0028/2013
- Amendments tabled in committee: PE502.042
- Committee opinion: PE496.666
- Committee draft report: PE494.601
- Non-legislative basic document: COM(2012)0095
- Non-legislative basic document: EUR-Lex
- Non-legislative basic document published: EUR-Lex
- Non-legislative basic document published: COM(2012)0095
- Non-legislative basic document: COM(2012)0095 EUR-Lex
- Committee draft report: PE494.601
- Committee opinion: PE496.666
- Amendments tabled in committee: PE502.042
| Amendments | Dossier |
| 143 |
2012/2104(INI)
2012/11/14
PETI
23 amendments...
Amendment 1 #
Draft opinion Paragraph 1 2. Urges the Member States to
Amendment 10 #
Draft opinion Paragraph 4 4.
Amendment 11 #
Draft opinion Paragraph 4 4. Considers that the
Amendment 12 #
Draft opinion Paragraph 5 5. Stresses the overwhelming need to develop renewable energy production capacities in the EU
Amendment 13 #
Draft opinion Paragraph 5 5. Stresses the overwhelming need to develop new energy production capacities in the EU; recognises that this cannot be done without some impact on the environment, and therefore urges the Union and the Member States to
Amendment 14 #
Draft opinion Paragraph 5 5. Stresses the overwhelming need to develop new clean energy production capacities in the EU; recognises that this cannot be done without some impact on the environment, and urges the Union and the Member States to prioritise good landscaping post-production;
Amendment 15 #
Draft opinion Paragraph 5 5. Stresses the overwhelming need to develop new energy production capacities in the EU, invest in the technology and alternative ways of producing energy; recognises that this cannot be done without some impact on the environment, and urges the
Amendment 16 #
Draft opinion Paragraph 6 6. Considers that high standards of information and transparency concerning environmental legislation and the application of EU rules are essential to ensure that EU environmental policy
Amendment 17 #
Draft opinion Paragraph 6 6. Considers that high standards of information and transparency concerning environmental legislation and the application of EU rules are essential to ensure that EU environmental policy meets with the citizens' consent and enhance their cooperation with local authorities;
Amendment 18 #
Draft opinion Paragraph 6 6. Considers that high standards of information and transparency concerning environmental legislation and the application of EU rules are essential to ensure that EU environmental policy meets with the citizens' consent; calls on the Commission, the Member States and the concerned regions to improve the flow of information and transparency through a more active and more frequent exchange among each other.
Amendment 19 #
Draft opinion Paragraph 6 a (new) 6a. With regard to projects with a possible cross-border environmental impact, calls on the Member States to comprehensively inform the affected public and authorities in the Member States concerned as soon as possible and to take the measures necessary to ensure that they are appropriate consulted;
Amendment 20 #
Draft opinion Paragraph 7 7. Applauds the introduction of environmental impact assessments; nevertheless, urges that they be developed in full coherence with more traditional impact assessments, in particular with respect to their effect on the needs of small and medium-sized businesses and residents, as well as on flora and fauna;
Amendment 21 #
Draft opinion Paragraph 7 7. Applauds the introduction of environmental impact assessments
Amendment 22 #
Draft opinion Paragraph 7 7. Applauds the introduction of environmental impact assessments
Amendment 23 #
Draft opinion Paragraph 8 8. Urges the Commission to find ways of better
Amendment 24 #
Draft opinion Paragraph 8 8. Urges the Commission to find ways of better reconciling its environmental policies with the Common Fisheries Policy and the Common Agricultural Policy
Amendment 25 #
Draft opinion Paragraph 9 9. Urges the Member States to implement EU environmental legislation in the clearest, simplest and most user-friendly way while ensuring its efficiency.
Amendment 3 #
Draft opinion Paragraph 2 2. Urges the Member States to balance the needs of a healthy and competitive economy with those of the environment; emphasises that local communities must have a strong say in deciding the best balance between the needs of people and the needs of
Amendment 5 #
Draft opinion Paragraph 2 2. Urges the Member States to balance the needs of a healthy economy with those of the sustainable environment; emphasises that local communities must have a strong say in deciding the best balance between the
Amendment 6 #
Draft opinion Paragraph 3 3. Believes that
Amendment 7 #
Draft opinion Paragraph 3 3. Believes that, since citizens and residents of Member States are best placed to judge the most appropriate priorities for their local neighbourhoods, the subsidiarity principle should be applied to environmental issues wherever possible and that consideration should be given to consulting the citizens concerned before any political decision is taken which would have an impact on their immediate environment;
Amendment 8 #
Draft opinion Paragraph 4 Amendment 9 #
Draft opinion Paragraph 4 4. Considers that
source: PE-500.498
2012/12/18
ENVI
120 amendments...
Amendment 1 #
Motion for a resolution Heading 1 on improving the delivery of benefits from EU environment measures: building confidence through better knowledge and responsiveness - Better implementation of EU environmental legislation -
Amendment 10 #
Motion for a resolution Recital A a (new) Aa. whereas much of EU law takes the form of directives, setting out general rules and objectives, while leaving the choice of means, how to reach those objectives up to Member States and regional and local entities;
Amendment 100 #
Motion for a resolution Paragraph 7 b (new) 7b. Recommends, therefore, the pooling of knowledge between the respective judicial systems of the Member States which deal with infringements of, or failure to comply with, EU environmental legislation;
Amendment 101 #
Motion for a resolution Paragraph 7 a (new) 7a. Considers the monitoring of implementation activities of great importance and therefore underlines the value of the European Environment Agencies' work in that field - in line with its statutory remit;
Amendment 102 #
Motion for a resolution Paragraph 7 b (new) 7b. Underlines the European Environment Agency's important role in providing a solid knowledge base underpinning policy and implementation and recognises the work done by the EEA in this field; urges the EEA to further develop its capacities to assist the Commission and Member States in assuring the quality of monitoring and the comparability of the environmental information collected in different parts of the EU; further encourages the EEA to also focus on capacity building and dissemination of best practice in the Member States; expects the European Environmental Agency's new Strategy to address the issue of implementation in more detail;
Amendment 103 #
Motion for a resolution Paragraph 7 c (new) 7c. supports the Commission in its plan to ask Member States, with support from the Commission, to develop structured implementation and information frameworks (SIIFs) for all key EU environment laws, to clarify the main provisions of a directive as well as to identify the types of information needed to demonstrate how EU law is being implemented;
Amendment 104 #
Motion for a resolution Paragraph 7 d (new) 7d. Urges the Commission to create, in co- operation with national authorities, with the involvement of the European Environment Agency as appropriate, a complaint-unit where citizens can communicate problems related to the implementation of environmental legislation;
Amendment 105 #
Motion for a resolution Paragraph 7 e (new) 7e. Underlines the crucial importance of effective inspections and urges Member States to step up their inspection capacities in line with best practices; calls for common minimum criteria for inspections in order to ensure fair implementation in all parts of the EU;
Amendment 106 #
Motion for a resolution Paragraph 7 f (new) 7f. Urges all actors to streamline inspection and surveillance activities with a view to using available resources with greater efficiency; in this regard stresses also the value of a more systematic use of peer-review inspections, as pointed out by the Commission; emphasises the need to complement the existing inspections with enhanced cooperation and peer-reviews among inspection authorities; encourages the IMPEL network to take action in this direction; also calls on the Commission to promote knowledge and capacity-building by supporting networks of judges and prosecutors, and in close cooperation with the Committee of the Regions to reduce the environmental and economic costs of non-compliance and ensure a level playing field;
Amendment 107 #
Motion for a resolution Paragraph 7 g (new) 7g. Urges the Commission, to set up an Environmental Law Inspection Unit, whose role will be to oversee and help towards the implementation of the environmental legislation; asks that this Unit will use new technologies and cooperates with local agencies in order to keep the inspection costs at low levels; is of the view that this unit should operate on a cost-basis and that the revenues should be directed to the EU Budget and should be reserved for services related to better implementation;
Amendment 108 #
Motion for a resolution Paragraph 7 h (new) 7h. Encourages Member States to draw up and publish correlation tables to describe the transposition of EU directives into national law in order to improve transparency and openness of the legislative process and make it easier for both the Commission and national parliaments to oversee the proper implementation of EU legislation;
Amendment 109 #
Motion for a resolution Paragraph 7 i (new) 7i. Underlines that judges and prosecutors play a key role in the enforcement of environmental legislation and that it is therefore of vital importance that they receive proper training and information on these policies;
Amendment 11 #
Motion for a resolution Recital A b (new) Ab. whereas key responsibility for ensuring effective implementation and enforcement of EU legislation lies with national authorities and very often at regional and local levels;
Amendment 110 #
Motion for a resolution Paragraph 8 Amendment 111 #
Motion for a resolution Paragraph 8 8. Points out that more effective management of environmental disputes implies a need to adopt measures reflecting the individual specific features of the environmental issues at stake
Amendment 112 #
Motion for a resolution Paragraph 8 a (new) 8a. Reiterates its recommendation that the best practices of regional and local environmental protection systems should be extended to all the Member States, since this would encourage the development of national networks and robust administrative structures capable of widely disseminating the results achieved;
Amendment 113 #
Motion for a resolution Paragraph 8 b (new) 8b. Considers that any prospective harmonisation of legal acts should be complementary to an alternative approach based on negotiation or non-judicial dispute resolution, which should include all the institutional negotiating channels and all possibilities of professional mediation;
Amendment 114 #
Motion for a resolution Paragraph 8 a (new) 8a. Emphasises the important role of the citizens in the implementation process and urges Member States and European Commission to involve them in a structured way in this process; in this regard also notes the importance of citizens´ access to justice;
Amendment 115 #
Motion for a resolution Paragraph 8 b (new) 8b. Calls on the Commission and the Member States to explicitly define a specific timeframe in which court cases relating to the implementation of environmental law shall be resolved, in order not to use the implementation of the environmental law and the court cases delays as an excuse to avoid compliance and hinder investments; and calls on the Commission to assess how many investments have been held back because of delays legal proceedings relating to irregularities on the implementation of environmental legislation;
Amendment 116 #
Motion for a resolution Paragraph 8 c (new) 8c. Underscores the fundamental importance of actively informing citizens and NGOs about EU environmental policies at an early stage in order to involve them in drawing up and realizing such policies; urges therefore - also with a view to the findings of the high-level group of independent stakeholders on administrative burdens - that a greater effort in this respect shall be made so that public trust and confidence in EU environment law is enhanced, bearing in mind that a better environment for a better life cannot be created unilaterally from within the Institutions without the support of society itself;
Amendment 117 #
Motion for a resolution Paragraph 8 d (new) 8d. Calls on the Member States to further advance the full and proper implementation of EU environmental legislation and adopted policies and strategies in the framework of the 7th EAP, and to ensure adequate capacity and finances for their full implementation, even in times of austerity, as the non- implementation or incomplete implementation of EU environmental legislation is not only unlawful, but also far more costly to society in the long run;
Amendment 118 #
Motion for a resolution Paragraph 8 e (new) 8e. Highlights the need to ensure that legislation is fit for purpose and reflects the latest scientific research; thus calls on the EU and Member States to regularly assess if European environmental law fulfils these requirements and, where necessary, adjust it accordingly;
Amendment 119 #
Motion for a resolution Paragraph 8 f (new) 8f. Acknowledges that first reading agreements might lead to the inadequate implementation of legislation if concrete content is left to be specified in the implementing provisions, therefore asks all actors to ensure that decision-making is based on an unambiguous statement of political will; emphasises the need for clear, consistent environmental legislation, drawn up on the basis of public policy evaluations and feedback;
Amendment 12 #
Motion for a resolution Recital A c (new) Ac. whereas inefficient implementation not only harms the environment and human health but also gives uncertainty for industry and places obstacles to the Single Market as well as more bureaucracy and thus higher costs;
Amendment 120 #
Motion for a resolution Paragraph 8 g (new) 8g. is of the opinion that the Commission should continue to use directives in EU legislation to allow Members States as well as regional and local authorities to implement European legislation according to their respective situation; however, asks the Commission to bolster support already outlined in its proposal through further studies or actions referred to in the impact assessment;
Amendment 13 #
Motion for a resolution Recital A d (new) Ad. whereas studies have concluded that full implementation of EU legislation in the waste sector alone would generate 400,000 jobs and save 72 billion Euros per year 1 __________________ 1 BIOS report, COM/2012/095 final
Amendment 14 #
Motion for a resolution Recital A e (new) Ae. whereas the unsatisfactory level of implementation of environmental law is reflected in the high number of infringements and complaints in this area;
Amendment 15 #
Motion for a resolution Recital A f (new) Af. whereas the lack of precise information and knowledge on the state of implementation and quantitative data for several environmental sectors act is a hindrance to the proper implementation of the environmental acquis;
Amendment 16 #
Motion for a resolution Recital A g (new) Ag. whereas according to the Commission, the cost of non- implementation of EU environmental legislation is currently €50bn per year in health costs and direct costs to the environment, not including the negative impacts on the state of the environment in the EU; whereas, from 2020 onwards, this figure will rise to €90bn per year 1; __________________ 1 European Commission, Directorate - General Environment, "The costs of not implementing the environmental acquis" Final report, ENV.G.1/FRA/2006/0073, September 2011
Amendment 17 #
Motion for a resolution Recital A h (new) Ah. whereas problems arising from implementation of EU environment law can be two-fold, with on the one hand late or insufficient implementation and on the other hand "over-implementation" ("gold plating"), both aspects running counter to the original political ideas behind EU environmental law;
Amendment 18 #
Motion for a resolution Recital A i (new) Ai. whereas there are significant differences in implementation both between and within Member States which lead to a negative impact on the environment, thus making a more systematic and holistic approach necessary in order to bridge this "implementation gap";
Amendment 19 #
Motion for a resolution Recital B Amendment 2 #
Motion for a resolution Citation 5 a (new) – having regard to the 29th annual report on monitoring the application of EU law (2011) (COM (2012)714),
Amendment 20 #
Motion for a resolution Recital B B. whereas, as far as the environment is concerned, the subsidiarity and proportionality principles imply a need for regulations to be implemented effectively through greater institutional cooperation and coordination between Member States;
Amendment 21 #
Motion for a resolution Recital C Amendment 22 #
Motion for a resolution Recital C Amendment 23 #
Motion for a resolution Recital C C. whereas, because of their complexity, changing nature and the divergent interpretations, the present rules create legal uncertainty and manifestly stand in the way of any future Union acquis and of investment;
Amendment 24 #
Motion for a resolution Recital C a (new) Ca. whereas non-compliance, non- harmonised standards and the absence of legal milestones inevitably lead to the following problems in relation to the implementation of European environment law: - failure to transpose directives properly, or at all; - lack of compliance with fundamental secondary obligations under directives; - structural problems arising from a lack of information about environmental legislation; - lack of coordination between administrative structures; - inadequate implementation due to insufficient or delayed investment in the infrastructure required to safeguard the environment;
Amendment 25 #
Motion for a resolution Recital C b (new) Cb. whereas, in order to ensure compliance with the Community principles which guarantee access to information, citizens’ participation and access to justice in environmental matters, the Commission intends to make good the deficiencies in those areas;
Amendment 26 #
Motion for a resolution Recital C a (new) Ca. whereas the environment was the area in which the most infringements of Community law were reported in the EU in 2011 (299), representing 17% of all infringements, and 114 new infringement proceedings were initiated in this area in 20111; __________________ 1 29th annual report on monitoring the application of EU law (2001) (COM (2012)714)
Amendment 27 #
Motion for a resolution Recital C c (new) Cc. whereas tangible implementation inevitably raises problems; in 2008 alone, 23.5% (481) of all infringements of EU legislation related to the environment, indicating increasing damage to the environment and distortion of competition;
Amendment 28 #
Motion for a resolution Recital C d (new) Cd. whereas, against this background, better implementation of European environment law specifically requires the introduction of corrective and preventive measures in key sectors on the basis of greater inter-institutional cooperation;
Amendment 29 #
Motion for a resolution Recital D Amendment 3 #
Motion for a resolution Citation 8 a (new) - having regard to the Interinstitutional Agreement on Better Lawmaking (2003/C 321/01),
Amendment 30 #
Motion for a resolution Recital D D. whereas the task of implementing, and monitoring compliance with, EU environment legislation is shared with national, regional, and local authorities and thus strong communication between these authorities is crucial to the success of environmental regulation;
Amendment 31 #
Motion for a resolution Recital D a (new) Da. whereas, in addition to unsatisfactory implementation, there is a lack of precise information about environmental matters (which is also connected with other factors such as lack of resources or political will or unsatisfactory transposition into national law);
Amendment 32 #
Motion for a resolution Recital E Amendment 33 #
Motion for a resolution Recital E E. whereas Article 11 TEU calls for the European institutions to engage more actively in dialogue and consultation;
Amendment 34 #
Motion for a resolution Recital F Amendment 35 #
Motion for a resolution Recital F F. whereas the subsidiarity principle extends to the regional and local levels; whereas Article 5 of the Protocol on the
Amendment 36 #
Motion for a resolution Recital F a (new) Fa. whereas inter-institutional cooperation and dialogue must be improved, in accordance with the principle of subsidiarity;
Amendment 37 #
Motion for a resolution Recital F b (new) Fb. whereas interinstitutional cooperation and dialogue go hand-in-hand with the urgent need for policies to be more consistent in terms of environmental impact in the context of post-2013 EU budget reform and all EU funding in the areas of social cohesion and agriculture;
Amendment 38 #
Motion for a resolution Recital F c (new) Fc. whereas the need to consult regional and local authorities whenever European legislation is revised is a key factor in ensuring that environmental legislation is implemented in practice;
Amendment 39 #
Motion for a resolution Recital F d (new) Fd. whereas effective implementation must be ensured by: - information: greater efforts to share best practices and regulatory experience, including the statistical monitoring of environmental legislation and infringements thereof, can lead to significant mutual benefits; - dissemination: thereby enhancing the impact and visibility of Community environmental programmes; - reorganisation of administrative structures: with a view to improving the collection of data, communication, and access to information at all levels of governance and every stage of the policy- making process, including investment in telematic equipment;
Amendment 4 #
Motion for a resolution Citation 9 a (new) -having regard to the opinion of the Committee of the Regions entitled ‘Towards a 7th Environment Action Programme: better implementation of EU environment law’ __________________ 1 CdR 1119/2012
Amendment 40 #
Motion for a resolution Recital F a (new) Fa. whereas full compliance with EU environmental law is a Treaty obligation and a criterion for the use of EU funds in Member States; whereas Member States should therefore implement environmental legislation in a timely, cost-efficient manner, in order to improve the state of the environment in the EU;
Amendment 41 #
Motion for a resolution Recital F a (new) Fa. whereas the 6th Environmental Action Plan was undermined by persistent implementation failures in mature policy sectors such as air pollution control, waste management, water and waste water treatment, and nature conservation;
Amendment 42 #
Motion for a resolution Subheading 2 Implementation
Amendment 43 #
Motion for a resolution Paragraph 1 1. Welcomes the Commission communication entitled ‘Improving the delivery of benefits from EU environment measures: building confidence through better knowledge and responsiveness’ (COM(2012)0095), but
Amendment 44 #
Motion for a resolution Paragraph 1 1. Welcomes the Commission communication entitled ‘Improving the delivery of benefits from EU environment measures: building confidence through better knowledge and responsiveness’ (COM(2012)0095)
Amendment 45 #
Motion for a resolution Paragraph 1 a (new) 1a. Deplores the fact that, although regional and local authorities have clear tasks in environmental protection, EU environmental legislation addresses Member States ‘only’, requests the designation of a ‘competent authority’ only (seldom ‘authorities’) and mentions cooperation only exceptionally;
Amendment 46 #
Motion for a resolution Paragraph 1 b (new) 1b. Stresses the need for coordination, complementarity and the elimination of gaps in the coverage of the various items of legislation which comprise European environment law;
Amendment 47 #
Motion for a resolution Paragraph 1 c (new) 1c. Considers that, when EU environmental policies are formulated, regional and local authorities can strengthen the sense of cooperation and ensure the legislation is implemented more effectively;
Amendment 48 #
Motion for a resolution Paragraph 1 a (new) 1a. is of the opinion that the administrative burden is not always a result of excessive implementation or lack of implementation, notes that administrative costs are unavoidable but these should be kept as low as possible because of their negative impacts on citizens and industry;
Amendment 49 #
Motion for a resolution Paragraph 1 b (new) 1b. notes that much of the unnecessary administrative costs linked to environmental legislation is due to inadequate or inefficient public and private administrative practices in various Member States and their regional or local authorities;
Amendment 5 #
Motion for a resolution Subheading 1 General
Amendment 50 #
Motion for a resolution Paragraph 1 c (new) 1c. emphasises that only the timely and correct implementation (transposition) of EU law by the Member States and regional and local authorities will ensure that the desired results of the EU policy in question are attained;
Amendment 51 #
Motion for a resolution Paragraph 1 d (new) 1d. emphasises that assuring a level- playing field and a common market as well as a harmonised approach are at the centre of EU legislation;
Amendment 52 #
Motion for a resolution Paragraph 1 e (new) 1e. is of the opinion that an efficient implementation can bring about benefits for industry, e.g. by reducing administrative burdens, providing investment security and in then creating more jobs;
Amendment 53 #
Motion for a resolution Paragraph 1 f (new) 1f. deplores that citizens become aware of EU legislation only after it enters into force; is of the opinion that an earlier means of information exchange between legislators and citizens is needed to bring about a higher level of acceptance and understanding for what is the objective of EU legislation is;
Amendment 54 #
Motion for a resolution Paragraph 1 g (new) 1g. Clarifies that the Commission as guardian of the Treaties should act sooner in order to allow a better and more timely implementation; asks the Commission to examine what needs to be done to ensure the correct transposition, implementation and enforcement of environmental legislation;
Amendment 55 #
Motion for a resolution Paragraph 1 h (new) 1h. Notes that the current fragmented state of implementation in the Member States undermines the level-playing field for the industry and increases the uncertainty about the exact requirements and it therefore discourages investments in those environmental areas which can generate jobs;
Amendment 56 #
Motion for a resolution Paragraph 1 i (new) 1i. Emphasises that the European institutions' responsibility with regard to EU legislation does not end with the adoption of legislation by Parliament and Council and that the European Parliament is willing to assist Member States, in order to allow a more efficient implementation;
Amendment 57 #
Motion for a resolution Paragraph 2 Amendment 58 #
Motion for a resolution Paragraph 2 2.
Amendment 59 #
Motion for a resolution Paragraph 2 2. Points to the importance of providing regional and local authorities with financial support and technical guidance where environmental matters are concerned and also of adopting supplementary measures at EU level which are based on national best practices;
Amendment 6 #
Motion for a resolution Subheading 1 General points:
Amendment 60 #
Motion for a resolution Paragraph 2 2. Points to the importance of providing regional and local authorities with financial support and technical guidance where environmental matters are concerned so as to promote more effective environmental measures;
Amendment 61 #
Motion for a resolution Paragraph 3 Amendment 62 #
Motion for a resolution Paragraph 3 3. Endorses the opinion of the Committee of the Regions, which calls for the concept of multilevel governance to be applied to environmental matters; advocates, in this respect, greater local authority participation throughout the process of defining environmental policy so as to improve implementation of the legislation across the board, including the setting of up teams to transpose environmental law at regional and local level;
Amendment 63 #
Motion for a resolution Paragraph 3 3. Endorses the opinion of the Committee of the Regions, which calls for the concept of multilevel governance to be applied to environmental matters; stresses that pilot activities involving tripartite contracts between the EU, the Member States and regional and local authorities should be stepped up;
Amendment 64 #
Motion for a resolution Paragraph 3 a (new) 3a. Stresses that a more interinstitutional approach would make it possible for political and legal responsibilities in relation to environmental matters to be fully shared between the EU, the Member States and the local and regional authorities;
Amendment 65 #
Motion for a resolution Paragraph 3 b (new) 3b. Recognises that, by introducing simpler rules which are easier for the stakeholders involved to understand, and hence ensuring greater legal certainty, simplification could also help to reduce the incidence of errors and increase the safeguards provided by national implementing systems;
Amendment 66 #
Motion for a resolution Subheading 3 S
Amendment 67 #
Motion for a resolution Paragraph 4 Amendment 68 #
Motion for a resolution Paragraph 4 4. Recognises that the implementation of environment legislation demands a considerable administrative and financial effort;
Amendment 69 #
Motion for a resolution Paragraph 4 – subparagraph 1 (new) Considers that full implementation and enforcement at all levels is critical, and may require, where appropriate, further strengthening; therefore emphasises the need for clear, consistent and non- duplicative environmental legislation;
Amendment 7 #
Motion for a resolution Subheading 1 General points:
Amendment 70 #
Motion for a resolution Paragraph 4 a (new) 4a. With that end in view, deplores the Commission’s failure to ensure the completion of an exhaustive impact assessment of the administrative and regulatory burdens which would be imposed by any new EU initiative arising from the communication in question; urges the Commission, therefore, to do so;
Amendment 71 #
Motion for a resolution Paragraph 4 b (new) 4b. Calls on the Commission, consequently, to extend the global assessment of the impact of implementing environmental legislation properly and more effectively to include local and regional authorities; an additional means of ensuring the legislation was consistent and proportionate would be to require an impact assessment of any proposals for transposition which might place a strain on undertakings investing in the environmental sector;
Amendment 72 #
Motion for a resolution Paragraph 4 a (new) 4a. Is of the opinion that environmental legislation can be implemented more effectively through dissemination of best practices between the Member States, regional and local authorities responsible for implementing EU legislation, as well as through greater cooperation with the European Institutions;
Amendment 73 #
Motion for a resolution Paragraph 4 b (new) 4b. Deplores the lack of data on compliance and enforcement work undertaken at national, regional and local level and thus asks the Commission, with the help of its networks and bodies, such as the European Environment Agency, to improve this situation;
Amendment 74 #
Motion for a resolution Paragraph 4 c (new) 4c. Notes the importance of strengthening and monitoring the relevant indicators for the implementation of environmental legislation and encourages the setting up of a user-friendly website, where the most recent indicator measurements would be available and informal comparison among the Member States would be possible;
Amendment 75 #
Motion for a resolution Paragraph 4 d (new) 4d. Is of the opinion that the Commission itself should be at the centre of efforts to ensure a better implementation and deplores that currently, these efforts are increasingly referred to other bodies which often do not have the Commissions competences, personnel or financial resources;
Amendment 76 #
Motion for a resolution Paragraph 4 e (new) 4e. Urges the Commission and Member States to help improving the knowledge and capacity of the people involved in implementing environmental legislation, at national, regional and local levels, to ensure a better delivery of benefits from this legislation; is furthermore of the opinion that opening a dialogue with relevant stakeholders would improve implementation as well;
Amendment 77 #
Motion for a resolution Paragraph 4 f (new) 4f. Calls on the Commission to explore the possibility of setting up partnership implementation agreements between the Commission and individual Member States or between Member States in order to promote better implementation as well as to identify and resolve implementation problems;
Amendment 78 #
Motion for a resolution Paragraph 4 g (new) 4g. Calls on the Commission to examine whether greater local authority participation throughout the process of defining environmental policy would be useful in improving implementation of legislation across the board, including the possibility of setting up teams to transpose environmental law at regional and local level;
Amendment 79 #
Motion for a resolution Paragraph 4 h (new) 4h. Recommends the setting up of a systematic and easily accessible online information tool on implementation; calls on all actors, but especially on industry and citizens, to provide the implementing bodies with feedback on problems arising from implementation; values the availability of reliable, comparable and easily accessible information about the state of the environment as key in order to effectively tracking the state of implementation;
Amendment 8 #
Motion for a resolution Recital A Amendment 80 #
Motion for a resolution Paragraph 4 i (new) 4i. Urges the Commission to re-consider demands for the introduction of a best- practise database, allowing best practice in implementation to be disseminated across Member States, regional and local authorities; and calls on the Commission to explore ways in which information and communication technology can be deployed to provide as much useful online information as possible on how EU environmental law should be implemented;
Amendment 81 #
Motion for a resolution Paragraph 4 a (new) 4a. Stresses the importance of tightening up monitoring of the application of environmental legislation; calls, therefore, for a strengthening of current capacities and for cohesion to be ensured among the various bodies responsible for monitoring in the Member States, based on European guidelines;
Amendment 82 #
Motion for a resolution Paragraph 5 Amendment 83 #
Motion for a resolution Paragraph 5 Amendment 84 #
Motion for a resolution Paragraph 5 5. Points to the need to relax the market distortion rules where these act as a disincentive to environment-related investment and hence impede the implementation of European regulations; considers, therefore, that ways must be found to lower administrative costs directly, including for example: - the exchange of best practices; - avoiding ‘gold-plating’, in other words, the imposition of unnecessary burdens and obligations on SMEs; - e-government and digital solutions; - simplified and increasingly automated reporting procedures, generally involving web tools which enable beneficiaries to submit programmes to the authorities, keep all information in an electronic format and use the data which is held in public registers; this would reduce the problems connected with retaining information, the errors made when entering data and the effort involved in having to submit documents more than once;
Amendment 85 #
Motion for a resolution Paragraph 5 a (new) 5a. Stresses the need for European legislation to aim to tackle the causes of environmental damage by establishing rules concerning legal responsibility for environmental damage as well as corporate social responsibility; with that end in view, considers that it is essential to carry into effect all the initiatives designed to encourage and propagate greater corporate social responsibility in relation to environmental matters, which reflects the requirement for businesses to be receptive to the sustainable development strategy;
Amendment 86 #
Motion for a resolution Subheading 4 Amendment 87 #
Motion for a resolution Paragraph 6 Amendment 88 #
Motion for a resolution Paragraph 6 – indent 1 Amendment 89 #
Motion for a resolution Paragraph 6 – indent 1 Amendment 9 #
Motion for a resolution Recital A A. whereas the general need for clarity, stability and certainty as to the law should underlie the entire
Amendment 90 #
Motion for a resolution Paragraph 6 – indent 1 the concept of ‘environmental information’ should be defined in both qualitative and quantitative terms;
Amendment 91 #
Motion for a resolution Paragraph 6 – indent 2 Amendment 92 #
Motion for a resolution Paragraph 6 – indent 3 Amendment 93 #
Motion for a resolution Paragraph 6 – indent 3 a (new) - Encourages the European Parliament's Environment, Public Health and Food Safety Committee to convene regular hearings to evaluate progress in implementing environmental legislation;
Amendment 94 #
Motion for a resolution Paragraph 6 a (new) 6a. Recalls that there are many benefits to be gained from proper implementation of EU environmental legislation: a level playing field for economic actors in the Single market, as well as a stimulus for innovation are created, and first mover advantages for European businesses are just three;
Amendment 95 #
Motion for a resolution Paragraph 6 b (new) 6b. Underlines that a high level of environmental protection is one of the fundamental objectives of the European Union which would deliver direct benefits to citizens, such as better living conditions through improved air quality, less noise and less health problems;
Amendment 96 #
Motion for a resolution Paragraph 6 c (new) 6c. Emphasises that the EU has set itself an ambitious agenda to move towards a resilient, resource efficient and low- carbon economy by 2050 and that commitment on all levels is needed to reach this goal; recalls that a common effort is vital in ensuring that the European economy grows in a way that respects resource constraints and planetary boundaries;
Amendment 97 #
Motion for a resolution Subheading 5 Amendment 98 #
Motion for a resolution Paragraph 7 Amendment 99 #
Motion for a resolution Paragraph 7 a (new) 7a. Notes that, nowadays, environmental disputes (in other words any disputes or public demonstrations relating to actions by public- or private-sector stakeholders which could cause damage to the environment, public health or places where people live) have a significant impact on environmental protection and a wide range of social and economic implications; considers, therefore, that it would be useful to identify the most appropriate models of environmental justice so as to ensure that all the various issues are covered by the law;
source: PE-502.042
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PURPOSE: to improve the delivery of benefits from EU environment measures through better knowledge and responsiveness in dealing with the problems on the ground. BACKGROUND: the 2010 European Environment State and Outlook report from the European Environment Agency (EEA), confirms that the EU appears to be locked in a number of status-quo and downward trends which are moving away from, rather than toward, sustainability. With the exception of soil, there is already extensive EU environment legislation, much of it long established, so the main challenge is now one of effective implementation. Two issues stand out: the extent of our knowledge about the state of the environment and how it is safeguarded; and effective ways of dealing with problems on the ground. Knowledge and responsiveness are complementary facets of implementation at EU level. To give just one example, better knowledge can enable customs authorities to deploy better control strategies for illegal trade in waste and endangered species. The costs of not implementing current legislation are broadly estimated at around EUR 50 billion a year. These relate not just to environmental but also to human health impacts. For example, 20 % - 50 % of the European population lives in areas where the air quality breaches European limit values and the estimated annual costs in terms of health expenditure or days of work lost run to EUR billions. More specifically, full implementation of EU waste legislation is estimated to generate 400,000 jobs and have net costs that are EUR 72 billion per year lower than under the alternative scenario of non-implementation. This Communication supplements the 2007 and 2008 Communications. It responds to the December 2010 Environment Council request that the Member States and Commission enhance and improve the implementation and enforcement of EU environment legislation in order to improve the state of the environment and ensure a level playing field. CONTENT: this Communication aims to examine the means of helping Member States achieve a fully systematic approach in knowledge collection and dissemination and greater responsiveness to problems on the ground. Effective access to justice is necessary but not sufficient, so it is proposed to also look at inspections and surveillance, complaint mechanisms and formalising partnerships to ensure implementation. 1) Improving knowledge on implementation: knowledge about implementation covers, on the one hand, the state of the environment and, on the other, all the required administrative and other measures intended to protect and improve it. However, it is not always simple to identify quickly the provisions of national law that correspond to a given provision of a directive. Monitoring efforts are uneven across Europe and the information generated is patchy and often out-of-date. Environmental information is available through individual requests rather than systematically published. Meeting the environmental information needs and expectations of citizens, administrations and businesses requires information systems to be set up by Member States that generate, manage and communicate information that shows how EU laws are implemented and complied with in practice. The objectives described in the Communication aim at: · examining how to engage more actively with Member States so that they put in place effective information systems; · providing better aggregated information at EU level; · ensuring confidence in the information generated as a whole; and · helping Member States to address data gaps and more effectively monitor land-cover changes. 2) Improving responsiveness at national, regional and local levels: improved knowledge will contribute to better delivery but it is not enough on its own. As guardian of the Treaties, the Commission uses its enforcement powers to address an absence of required end-results. However, the high number of infringements, complaints and petitions related to EU environment legislation points to a need generally to reinforce implementation monitoring within Member States. The Commission proposes to examine a series of initiatives that could address this challenge. The initiatives are complementary and will be more effective in combination: · improving the inspections and surveillance applying to EU legislation, for example by upgrading the existing framework for inspections and surveillance and assessing options for complementing national inspections and surveillance in a targeted way at EU level, including an EU-level inspection and surveillance capacity; · better complaint-handling and mediation at national level: there is currently no general framework on how competent authorities should respond to complaints at national level. A dual approach addressing direct and review-stage complaint handling would make it more likely that concerns and grievances will be dealt with in a consistent way and sooner rather than later. There may be situations in which mediation or other similar dispute resolution mechanisms will add a further useful dimension; · improving access to justice: the Commission considers it appropriate to explore how greater certainty could be provided for national courts and economic and environmental interests. Possibilities include: (i) developing guidance to take account of a significant recent body of case-law in order to improve implementation of existing access to justice provisions; (ii) defining at EU level the conditions for efficient as well as effective access to national courts in respect of all areas of EU environment law; · delivering improvements in environmental outcomes through capacity-building and implementation agreements that engage Member States: where problems emerge, there is a need for clear commitments from Member States to put in place measures, with benchmarks and timelines, to deliver the required results. These commitments need to be formalised and publicly available, so that Member States, the European Parliament, businesses and citizens can have confidence that their concerns are being addressed within a structured framework. This challenge could be addressed through partnership implementation agreements designed to help deliver improved environmental outcomes. This Communication is addressed to the European Parliament, Member States, their citizens and all actors in the area of implementation and enforcement of environment law. The 7th Environmental Action Programme should ensure a proper follow up and specific measures will be subject to impact assessment. New
PURPOSE: to improve the delivery of benefits from EU environment measures through better knowledge and responsiveness in dealing with the problems on the ground. BACKGROUND: the 2010 European Environment State and Outlook report from the European Environment Agency (EEA), confirms that the EU appears to be locked in a number of status-quo and downward trends which are moving away from, rather than toward, sustainability. With the exception of soil, there is already extensive EU environment legislation, much of it long established, so the main challenge is now one of effective implementation. Two issues stand out: the extent of our knowledge about the state of the environment and how it is safeguarded; and effective ways of dealing with problems on the ground. Knowledge and responsiveness are complementary facets of implementation at EU level. To give just one example, better knowledge can enable customs authorities to deploy better control strategies for illegal trade in waste and endangered species. The costs of not implementing current legislation are broadly estimated at around EUR 50 billion a year. These relate not just to environmental but also to human health impacts. For example, 20 % - 50 % of the European population lives in areas where the air quality breaches European limit values and the estimated annual costs in terms of health expenditure or days of work lost run to EUR billions. More specifically, full implementation of EU waste legislation is estimated to generate 400,000 jobs and have net costs that are EUR 72 billion per year lower than under the alternative scenario of non-implementation. This Communication supplements the 2007 and 2008 Communications. It responds to the December 2010 Environment Council request that the Member States and Commission enhance and improve the implementation and enforcement of EU environment legislation in order to improve the state of the environment and ensure a level playing field. CONTENT: this Communication aims to examine the means of helping Member States achieve a fully systematic approach in knowledge collection and dissemination and greater responsiveness to problems on the ground. Effective access to justice is necessary but not sufficient, so it is proposed to also look at inspections and surveillance, complaint mechanisms and formalising partnerships to ensure implementation. 1) Improving knowledge on implementation: knowledge about implementation covers, on the one hand, the state of the environment and, on the other, all the required administrative and other measures intended to protect and improve it. However, it is not always simple to identify quickly the provisions of national law that correspond to a given provision of a directive. Monitoring efforts are uneven across Europe and the information generated is patchy and often out-of-date. Environmental information is available through individual requests rather than systematically published. Meeting the environmental information needs and expectations of citizens, administrations and businesses requires information systems to be set up by Member States that generate, manage and communicate information that shows how EU laws are implemented and complied with in practice. The objectives described in the Communication aim at: · examining how to engage more actively with Member States so that they put in place effective information systems; · providing better aggregated information at EU level; · ensuring confidence in the information generated as a whole; and · helping Member States to address data gaps and more effectively monitor land-cover changes. 2) Improving responsiveness at national, regional and local levels: improved knowledge will contribute to better delivery but it is not enough on its own. As guardian of the Treaties, the Commission uses its enforcement powers to address an absence of required end-results. However, the high number of infringements, complaints and petitions related to EU environment legislation points to a need generally to reinforce implementation monitoring within Member States. The Commission proposes to examine a series of initiatives that could address this challenge. The initiatives are complementary and will be more effective in combination: · improving the inspections and surveillance applying to EU legislation, for example by upgrading the existing framework for inspections and surveillance and assessing options for complementing national inspections and surveillance in a targeted way at EU level, including an EU-level inspection and surveillance capacity; · better complaint-handling and mediation at national level: there is currently no general framework on how competent authorities should respond to complaints at national level. A dual approach addressing direct and review-stage complaint handling would make it more likely that concerns and grievances will be dealt with in a consistent way and sooner rather than later. There may be situations in which mediation or other similar dispute resolution mechanisms will add a further useful dimension; · improving access to justice: the Commission considers it appropriate to explore how greater certainty could be provided for national courts and economic and environmental interests. Possibilities include: (i) developing guidance to take account of a significant recent body of case-law in order to improve implementation of existing access to justice provisions; (ii) defining at EU level the conditions for efficient as well as effective access to national courts in respect of all areas of EU environment law; · delivering improvements in environmental outcomes through capacity-building and implementation agreements that engage Member States: where problems emerge, there is a need for clear commitments from Member States to put in place measures, with benchmarks and timelines, to deliver the required results. These commitments need to be formalised and publicly available, so that Member States, the European Parliament, businesses and citizens can have confidence that their concerns are being addressed within a structured framework. This challenge could be addressed through partnership implementation agreements designed to help deliver improved environmental outcomes. This Communication is addressed to the European Parliament, Member States, their citizens and all actors in the area of implementation and enforcement of environment law. The 7th Environmental Action Programme should ensure a proper follow up and specific measures will be subject to impact assessment. |
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