European Commissionec.europa.eu/environment/archives/enlarg/pdf/031222_finalreport.pdf · ENVIRONMENTAL RESOURCES MANAGEMENT DG ENVIRONMENT 1 1 INTRODUCTION Under the framework contract

ENVIRONMENTAL RESOURCES MANAGEMENT DG ENVIRONMENT

1

1 INTRODUCTION

Under the framework contract ‘Financing Capacity for Implementation and Enforcement of Harmonising Environmental Policy in the NIS’, Environmental Resources Management (ERM) was commissioned by the European Commission DG Environment to develop a ‘road map’ for convergence of NIS environmental legislation towards EU directives, including the identification of priority directives for convergence. However, as the European Union reinforces its relationships with different country groups, focus on convergence is not limited to NIS countries. Harmonisation with the European Union environmental legislation has been considered in relation with other regions including within the framework of the co-operation between the EU and the Mediterranean region (MED region). The co-operation with the MED region developed within the framework of the so-called Euro-Mediterranean Partnership, which was initiated at the 1995 Barcelona Conference of EU and Mediterranean Foreign Ministers. It covers co-operation with individual countries, as the EU has signed bilateral agreements with each of the Mediterranean partners, and co-operation at a regional level, covering the political, economic and cultural fields. Within the framework of the Euro-Mediterranean partnership, the Short and Medium-Term Priority Environmental Action Programme (SMAP) was adopted at the 1997 Helsinki Conference. While SMAP focuses on priority areas (integrated water management, waste management, hot spots, integrated coastal zone management and combating desertification), the signatories noted the importance of promoting the transfer of Community experience in the field of financing techniques, legislation and environmental monitoring and integration of environmental concerns in all policies. In line with these considerations, supportive measures to the Programme include the promotion of adoption and implementation of legislation and regulatory measures when required, in particular of preventive measures and of appropriate environmental standards, in order to up-grade the environment in the region and to contribute to the economic development and to the establishment of an environmentally sustainable Free Trade area. These provisions clearly demonstrate the interest of both the EU and the MED countries in considering convergence with European environmental legislation.

1.1 OBJECTIVES OF THIS REPORT

Taking into account this interest, DG Environment has asked ERM to consider the applicability of the NIS Convergence Road Map to the MED region, with the objectives of:


2

• Exploring whether the NIS approach suggested in the Road Map report is applicable to the Mediterranean countries as a region, or to individual countries or sub-groups of countries; and, if so,

• Analysing which aspects are applicable and how these aspects could best

be transferred to a future convergence study of the MED countries. In order to achieve these objectives, the report: 1. Reviews the main key environmental policy instruments that need to be

reformed in order to effectively address top priority environmental problems in the MED region, as outlined in national policy documents and legislation;

2. Analyses the relevance of the priority directives for convergence, as identified in the NIS convergence report, to those principal reforms of environmental policy instruments in the MED region;

3. Considers which other directives or EU policy documents could provide benchmarks for the MED region, taking into account the specific problems facing these countries;

4. Considers, as far as possible, the possible obstacles presented by the challenge of convergence;

5. Identifies which aspects should be taken into account in a possible future more detailed convergence study of the MED countries.

The report constitutes a preliminary strategic assessment of the applicability of the NIS Road Map to the MED region. It is aimed at feeding into the general discussion as to what the opportunities would be for environmental convergence in this region. As a first step, it does not include any detailed analysis but focuses on general features of the environmental policy system in the relevant countries. Besides, this report focuses on the MED countries own priorities and should be further developed to reflect the EU priorities for the region, which are in the process of being defined.

1.2 REPORT SCOPE AND METHODOLOGY

1.2.1 Scope

The report covers 9 of the 12 member countries of the Euro-Mediterranean Partnership. These are Algeria, Egypt, Israel, Jordan, Lebanon, Morocco, West Bank and Gaza, Syria and Tunisia. Cyprus, Malta and Turkey have been excluded as these countries are involved in the EU enlargement process and are therefore already well advanced in the process of approximation (rather than convergence). Libya has also been excluded due to uncertainties regarding its relations with EU. The analysis will focus on the priority directives for convergence as defined within the NIS convergence study, namely, directives relating to wastes, water, air quality, integrated pollution prevention and control and


3

environmental impact assessment. However, the report will also look at other directives that could be considered as priority for convergence in relation to MED countries.

1.2.2 Methodology

The report is based on: • Extensive literature and web research; and • Consultation with relevant agencies and experts. It includes an assessment of existing environmental policy and legislation, as well as implementation and enforcement practices in the MED region. This is aimed at identifying: • Existing priorities; • Specificities of the MED countries compared to the NIS countries; and • The main challenges to convergence.

1.3 REPORT STRUCTURE

The remainder of this report is structured as follows: Section 2 – Context: This provides an overview of relevant activities and processes carried out to date in the MED countries. It then goes on to review the main environmental problems in the region; key legislation and related challenges; and the institutional structures and capacities. Section 3 – Convergence opportunities: This appraises the relevance to the MED region of priority directives selected under the NIS study, and identifies other possible priority directives for the MED region. Section 4 – Potential challenges and obstacles to convergence: This section provides a preliminary insight into the possible challenges and obstacles to convergence. Section 5 – Conclusions and recommendations: This summarises opportunities for convergence within the MED region and makes some recommendations for further research needed in this area for possible work on convergence in the future.


4

2 THE CONTEXT FOR REFORM

This section explores the context for reform in the MED region. It begins by provides an overview of existing environmental initiatives in the region, including:

The Euro-Mediterranean Partnership and its Short and Medium-Term Environmental Action Programme;

UNEP’s Mediterranean Action Plan; IUCN’s WESCANA Programme; The Mediterranean Environmental Technical Assistance Program; The EU LIFE 3rd Countries initiative; and Bilateral support from key donors.

This section then goes on to identify key environmental issues in this region, and the current status of legislation and institutions established to address these issues. It analyses the effectiveness of the legislation and institutions, identifying any gaps or weaknesses. This provides the basis for identifying those EU directives which might be most suitable for convergence (‘priority directives’), discussed in Section 3. Tables providing information for each country are included in Annexes A to C. In addition, Annexes D to L provide full country reports.

2.1 EXISTING ENVIRONMENTAL INITIATIVES IN THE REGION

This section provides information about some of the ongoing multilateral initiatives addressing environmental issues for the region. Any bilateral analysis and priority setting should take account of this overall multilateral context. It also shows where some of the necessary political support for environmental legislative reform towards the EU could be fostered.

2.1.1 Euro-Mediterranean Partnership

The Euro-Mediterranean Partnership was established in 1995 to mark a new phase of co-operation between the EU and its 12 Mediterranean partners (including those countries studied in this report). The Partnership is designed to facilitate a co-ordinated response to common political, social, economic and environmental problems in the region. SMAP

The Short and Medium-Term Priority Environmental Action Programme (SMAP) is a framework programme of action for the protection of the Mediterranean environment, within the context of the Euro-Mediterranean Partnership. The SMAP provides a common basis for environmental policy


5

and funding in the Mediterranean region. The following five priority fields of action have been adopted for the SMAP:

Integrated water management; Waste management; Hot spots (covering both polluted areas and threatened biodiversity

elements); Integrated coastal zone management; and Combatting desertification.

2.1.2 Mediterranean Action Plan (UNEP/MAP)

Set up in 1975 by the United Nations Environment Programme, the Mediterranean Action Plan (UNEP/MAP) is a co-operative effort involving 20 countries bordering the Mediterranean Sea and the European Community. It aims to tackle environmental pollution in this region, focusing particularly on the sustainable management of natural marine and coastal resources, as well as on land use policies. MAP’s Secretariat, the MAP Co-ordinating Unit (MEDU), is based in Athens, Greece. MAP is governed by the Barcelona Convention1, and its six Protocols, which address specific aspects of environmental protection (see Box 2.1). These interact with global and sub-regional legal agreements.

Box 2.1 The Barcelona Convention

MAP comprises a number of different programmes and bodies, including:

1 The Convention was amended in 1995 but 2 more ratifications are required for it to enter into force. See www.unepmap.org for more information on the Convention.

2 The EC has currently not signed this protocol and presently has no plans to do so.

3 The EC has currently not signed this protocol but there is a chance this might change post –adoption of the proposed environmental liability directive.

The 1976 Barcelona Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean, together with its six Protocols – known as the ‘Barcelona system’ – forms a legal framework for MAP. The Protocols are:

Dumping Protocol, governing dumping or incineration at sea (1976, in force, amended in 1995, amendment not yet in force);

Emergency Protocol, concerning marine protection in case of oil spills or other emergencies (1976, in force);

Prevention and Emergency Protocol (new text, signed in 1992 by 15 countries and the EC, not in force)

LBS Protocol, for marine protection against land-based sources and polluting activities (1980 in force, amended in 1996, amendment not yet in force);

Specially Protected Areas and Biodiversity Protocol (1995, replacing the 1982 SPA Protocol, in force);

Offshore Protocol governing exploitation of the continental shelf and seabed2 (1994, not in force); and

Hazardous Wastes Protocol, governing transboundary movements of hazardous wastes3 (1996, not in force).


6

Mediterranean Commission on Sustainable Development – a think-tank on

policies to promote sustainable development in the region; Programme for the Assessment and Control of Pollution (MED POL) – assists

countries in the formulation and implementation of pollution monitoring programmes; and

Regional Activity Centres (RACs) – the six RACs, based in different Mediterranean cities, carry out environmentally related activities at the regional level (see Box 2.2). More detail about selected RACs is provided below.

Box 2.2 MAP's Regional Activity Centres

Current status of MAP

In 1995, MAP entered a new phase, MAP Phase II, and was renamed the Action Plan for the Protection of the Marine Environment and the Sustainable Development of the Coastal Areas of the Mediterranean. The Contracting parties agreed to base MAP II on the amended Convention (from 1995), although the amended version requires two more ratification for it to enter into force. MAP’s remit was officially widened to include sustainable development, and the following priority fields of action were adopted:

Integrated water management; Erosion and desertification; Forests and biodiversity; and Integrated coastal areas management.

Located in six different Mediterranean cities, MAP’s Regional Activity Centres play a key role in implementing various components of the MAP at regional, national and local levels:

Regional Marine Pollution Emergency Response Centre for the Mediterranean Sea (REMPEC) – builds coastal states’ capacity to respond to marine emergencies and helps co-ordinate these responses. Located in Malta;

Blue Plan – provides information on a range of topics connected with sustainable development, such as population trends in the Mediterranean region. Located in France;

Priority Actions Programme – focuses on integrated coastal area management especially at local level. PAP co-operates with a broad range of institutions and organisations at an international level to develop guidelines, tools and techniques for ICAM and to provide support to projects and other initiatives. Located in Croatia;

Specially Protected Areas – focuses on the protection of Mediterranean species, their habitats and ecosystems. It was set up with the aim of assisting Mediterranean countries with the implementation of the SPA Protocol. It supports countries in this region with the establishment and management of SPAs, conducting programmes of scientific research related to SPAs, and developing educational materials on SPAs. Located in Tunisia;

Environment Remote Sensing – supports the sustainable development of marine and coastal areas through the use of remote sensing data. Located in Italy. Note that this Centre is currently under review;

Cleaner Production – raises awareness about the concept of clean production and pollution prevention among the industrial sector. Located in Spain.


7

2.1.3 IUCN’s WESCANA Programme and Centre for Mediterranean Cooperation

WESCANA programme

IUCN’s West/Central Asia and North Africa (WESCANA) Programme spans Morocco in the west, through North Africa and the Arabian Peninsula, to the Central Asian countries in the east. It covers the following countries of relevance to this study: Jordan, Lebanon, West Bank and Gaza, Algeria, Egypt, Morocco and Tunisia. The WESCANA programme activities are structured according to themes, sub-regions or individual countries. The regional thematic programmes identify eight focus areas in line with IUCN’s global priorities and with the conservation and development imperatives of WESCANA. They are:

Biodiversity; Protected areas; Water; Drylands and desertification; Marine and coastal ecosystems; Environmental education and communication; Equity and sustainability; and Environmental law.

Examples of activities taking place within the sub-regional programmes are:

A protected areas programme in Lebanon with emphasis on conservation of biodiversity;

Water resources management in Jordan; and A biodiversity protected areas and capacity building in West Bank and

Gaza. WESCANA’s national programmes include one in Tunisia in co-operation with Tunisia’s Ministry of Environment, providing technical assistance to the implementation of the Tunisia National Biodiversity Strategy and Action Plan and the reinforcement of protected areas management in Tunisia. Centre for Mediterranean Cooperation

In December 2000, in Malaga, Spain, the IUCN Centre for Mediterranean Cooperation was inaugurated.

The office focuses on the following 5 themes:

Biodiversity conservation Islands Desertification Water and catchments Sustainable Use of natural resources (forests, fisheries, etc.)


8

2.1.4 METAP

The Mediterranean Environmental Technical Assistance Program (METAP), established in 1990, is a partnership between the countries in the Mediterranean region and multilateral donors. Of the 15 member beneficiary countries of METAP, the following are of relevance to this study: Algeria, Egypt, Jordan, Lebanon, Morocco, Syria, Tunisia and West Bank and Gaza. The six METAP partners that oversee METAP activities are:

The European Commission; The European Investment Bank (EIB); The Finnish Ministry of Foreign Affairs Development Co-operation; The Swiss Agency for Development and Co-operation; United Nations Development Program; and The World Bank.

METAP also collaborates on a number of activities with the Mediterranean Action Plan. Activities are managed by the METAP Secretariat (located in the World Bank headquarters) and the EIB. In its current and fourth phase, METAP is providing technical assistance in project preparation and capacity building, focusing on three core sectors:

Water quality, wastewater and coastal zone management (see Box 2.3); Municipal and hazardous waste management (see Box 2.4); and Policy and legislation tools (see Box 2.5 for two examples).

Box 2.3 The Regional Water Quality Management Project

The Regional Water Quality Management Project aims to help the METAP member countries to address their priority water quality challenges and issues through a systematic and co-ordinated approach to water quality management. The regional water quality management strategy entails the development of a set of five technical assistance packages, which focus on priority issues of interest to several countries and allow for country specific priority actions. The packages are: • Policy co-ordination; • Legal and regulatory co-ordination; • Institutional co-ordination; • Private sector participation; and • Monitoring and information dissemination. In late 2002, it was agreed that the activities under the Regional Water Quality Management Project would be initiated on a pilot basis using available funding provided by the Swiss Government. Two out of the five technical assistance packages, namely policy co-ordination and monitoring and information dissemination, would be developed and implemented.


9

Box 2.4 The Regional Solid Waste Management Project

The Regional Solid Waste Management Project is a three-year project (2002–2005) funded by a €5m grant from the European Commission/ Euro-Mediterranean Partnership under the Short and Medium Term Priority Environmental Action Programme. The project’s overall objective is to promote the adoption of sustainable integrated solid waste management (ISWM) practices in the project countries. It entails the development of regional guidelines and modules in the following areas: • Policy, legal and institutional frameworks supportive of ISWM; • ISWM financial frameworks to reflect full cost accounting, user pay and polluter- pay

principles; • Models for private sector ISWM contracting/contract management; • Capacity development in ISWM system planning, design, management and operations; • Better public awareness of the consequences of inadequate solid waste management, and

options and solutions for improved ISWM systems consistent with ISWM principles; and • Enhanced Community roles in ISWM policy and planning.


10

Box 2.5 Policy and legislation tools

2.1.5 LIFE 3rd Countries

LIFE, introduced in 1992, is the European Union’s financing instrument for the development, enhancement, and implementation of environmental policy. LIFE has three distinct components: LIFE-Environment, LIFE-Nature and LIFE 3rd Countries, which aims to help build capacity and administrative structures in the environmental sector and to develop environmental policy and action programmes in countries bordering on the Mediterranean and the Baltic Sea, other than the accession countries. All the countries included in this study are eligible for LIFE 3rd Countries funding.

Strengthening national environmental assessments The main objective of the project, which started in 1999 and is due to be completed in 2003, is the strengthening of environmental planning and management capacities of the METAP countries through analysis of national environmental impact evaluation systems and training in environmental impact evaluation. The main activities carried out include: • Conducting a review and analysis of national environmental assessment (EA) systems in

selected METAP countries for comparison to international guidelines and standards and to assist in preparing action plans for harmonizing national environmental impact assessments regulations and approval processes with international requirements;

• The organization of regional workshops and training programs on sector and strategic environmental assessments for trainers, reviewers and practitioners from the public, private, media and NGO sectors;

• Establishing and strengthening a network of EA expertise across the region; and • Facilitating information and knowledge exchange through the creation of a regional

documentation resource centre for EA and EIA database, a website, and regular publication of a newsletter with contributions from throughout the region.

Costs assessments of environmental degradation The project consists of country studies of the cost of environmental degradation in 7 countries (Algeria, Egypt, Jordan, Lebanon, Morocco, Syria, and Tunisia). In these countries no studies have assessed the overall cost of environmental degradation at the national level that can provide an indication of the relative order of magnitude of the cost of degradation across sectors. The activities under this program entail: • Country studies which provide a first order of magnitude of the cost of environmental

degradation as a percentage of GDP as regards to the health impacts of urban air pollution and waterborne illnesses, the economic cost of water resources and soil/land degradation, impacts related to waste management, and the cost of coastal zone degradation. The studies rely on existing data and analysis of environmental issues, and apply commonly used methodologies of valuation and quantitative impact assessments to country specific issues in order to arrive at estimates of the cost of degradation.

• Assisting in enhancing the capacity in the relatively new field of environmental economics and specifically for the valuation of the cost of environmental degradation through training courses for technical experts at the ministries, public and private institutions and the private sector in the use of the methodology developed.

• Through the studies, provide an input to intersectoral environmental priority setting and a basis for further work at the sector level such as detailed assessments of one or two priority sectors.

This project is particularly interesting because it offers support for the notion that addressing environmental issues can be financially beneficial. Strengthening environmental legislation (e.g. towards EU standards) may thus offer financial incentives.


11

To be eligible for LIFE 3rd Countries assistance, projects must meet the following requirements:

Contribute to implementing regional and international guidelines and agreements;

Promote sustainable development at international, national or regional level; and

Provide solutions to major environmental problems in the region and the relevant sector.

Examples of projects supported by LIFE 3rd Countries include:

Strengthening the capacity for management of North African Wetlands in Algeria, Morocco and Tunisia; and

Support to the Protected Areas Unit within the MoE in Lebanon.

2.1.6 Bilateral support

This section provides some information on bilateral support for environment in the region. Only two donors are mentioned as examples. Assistance is being carried out by a much wider range of bilateral donors including Denmark, Germany and France, but it is not within the scope of this report to provide an exhaustive listing. USAID

USAID environmental assistance in the MED region has been targeted mostly on water sector development. Within this sector, some of its aims are to strengthen key public sector water institutions, support water resources conservation and management and to help alleviate transboundary water disputes in this region. For example, in Jordan, USAID has developed water pricing and cost recovery systems to ensure more equitable and sustainable delivery of water and sanitation services and has provided technical assistance and financing to the establishment of the Aqaba Special Economic Zone. USAID has also awarded a contract to a team managed by International Resources Group (IRG), to support the development and implementation of strategic plans, and strengthen environmental policies and institutions, in countries where USAID is active. For example, in Egypt, the IRG has been assisting USAID/Government of Egypt with the implementation of a large part of the Egyptian Environmental Policy Program (EEPP). This is a multi-year initiative to support policy, institutional, and regulatory reforms in the environmental sector. UK Department for International Development

DFID’s Middle East and North Africa Department was created in 2002 and works in Egypt, Iraq, Jordan, West Bank and Gaza and Yemen. DFID’s


12

previous involvement in this region has been modest, although some of its technical assistance has been highly effective. DFID is now increasing and realigning the financial and human resources it allocates to this region. Its long-term policy objectives include the reduction of poverty in the region; increasing the impact of key multilateral agencies in reducing poverty and effectively responding to conflict and humanitarian crises; and developing evidence-based, innovative approaches to international development. DFID’s work is guided by the policies of other donors in the region, notably those of the EC and the World Bank. In particular, DFID is keen to co-operate with and support the EC, both through specific project collaboration and through analytic work to support MEDA 1 programming throughout the region (for example, a recent joint study on the legal aspects of transition required by the Association Agreements between EuroMed partners and the EU).

2.2 KEY ENVIRONMENTAL ISSUES FOR THE REGION

As is to be expected, the countries in the region display considerable geographic and climatic similarities and experience many of the same environmental problems and challenges. Clearly, environmental issues are also shaped in part by cultural, political and socio-economic factors. Again, although each of these countries is distinctive, there are a number of commonalities, such as relatively high levels of tourism, which mean that the types of environmental issues arising are similar across the region.

2.2.1 Water availability and water quality

Quality and quantity of water is one of the most serious environmental problems currently facing all the MED countries. As this region is naturally water-scarce, has a growing population and is increasingly dependent on tourism, this issue is likely to become even more acute in future years. The problem of water scarcity is perhaps worst in West Bank and Gaza, where it is exacerbated by the political situation: its limited available resources are shared with Israel, which takes the lion’s share. Israel itself also suffers from declining water sources, however, as do Jordan, Syria and Lebanon. Of the North African countries, Tunisia is worst affected by water shortages but even Morocco (previously quite water-rich) is predicted to face water scarcity in the next decades, due to increased demand from the projected doubling of the population over the next 30 years. In some countries, such as Lebanon and Morocco, the inefficient use of water, e.g. for irrigation, compounds the water scarcity attributable to the naturally dry climate. The problem of poor water quality (water pollution) is common to every country in this region. High salinity caused by over-abstraction and/or poor

(1) Euro-Mediterranean Association Agreement.


13

irrigation techniques; uncontrolled discharges of wastewater and effluent; and pollution from agricultural run-off are the main causes of pollution. Seawater intrusion into groundwater supplies (again, due to unsustainable abstraction rates) is also a problem in some places, e.g. in the Gaza strip.

2.2.2 Solid waste

Municipal and industrial solid waste management is a serious problem for all the MED countries. Uncontrolled dumping leading to leaching of pollutants into water bodies; incineration leading to air pollution; and excessive dependence on landfill are the main associated impacts of poor waste management. The growing populations in these countries, together with increasing levels of industrialisation, means that this problem is likely to get worse in the next few years. Like water scarcity, the solid waste problem is particularly acute in West Bank and Gaza due to the political situation, which hinders systematic waste management and results in uncontrolled dumping of solid waste near human settlements, causing a serious environmental and human health hazard. The solid waste problem in most other countries is almost as large but is caused by other factors, such as rapid urbanisation; absence of policies or strategies to rationalise waste management approaches; weak control of illegal dumping; lack of adequate landfills and other disposal facilities; and land shortages. Algeria has declared solid waste management a national priority; and it is widely felt to be Egypt’s and Israel’s biggest environmental problem.

2.2.3 Land degradation and desertification

This region has a naturally fragile environment which is very vulnerable to erosion, pollution and intense land usage. The widespread predominance of agriculture in this region, together with drought and water shortages (leading to saline soils) and growing populations, means that land degradation and desertification are increasingly a problem for most of the MED countries. Unsustainable farming practices – including inefficient irrigation techniques, leading to salinisation of soils and water; overgrazing; and deforestation for fuel wood or agricultural purposes – exacerbate this problem.

2.2.4 Forests and biodiversity

Related to the problem of land degradation and desertification is the issue of forests and biodiversity. As discussed above, land degradation has been linked in some countries to deforestation for fuel wood or agricultural purposes, although fire is also a cause of destruction. Deforestation has particularly affected Algeria, Morocco, Tunisia, Lebanon, Jordan and Syria. Biodiversity, meanwhile, is under threat across the region, again due to land degradation and deforestation but also due to urban expansion and tourism developments (especially in coastal areas). This is particularly problematic


14

given many of these countries’ increasing economic reliance on eco- and mainstream tourism.

2.2.5 Air quality

Although air quality is identified as an increasingly serious problem for most of the MED countries, it is not on the same scale as more pressing issues such as water scarcity, water pollution or waste management. In general, air pollution affects these countries’ major cities and relates to transport rather than industrial emissions. Only in Egypt was industry (including the metallurgical, chemical and cement sectors) identified as a major contributor to air pollution, although Israel and Jordan also suffer some industrial air pollution. In some countries, e.g. Jordan and West Bank and Gaza, quarrying and high dust levels were identified as a key cause of air pollution. The problem is compounded in most countries by a lack of standards and enforceable legislation governing air quality, and by a lack of monitoring networks – without reliable data, many governments and the wider public are unaware of the nature and scale of the problem and are therefore unable or unwilling to act. Unfortunately, these two problems are inter-linked and reinforce each other (without a monitoring network there is no incentive to develop legislation to address the problem, but without legislative requirements there is no incentive to invest in a monitoring network).

2.2.6 Marine/coastal pollution

For those countries with extended coastlines, marine and coastal pollution are fairly serious problems due to economic activities (including tourism) and urban development, most of which tends to take place in coastal zones. On land, most pollution tends to take the form of waste, water and air pollution, or damage to biodiversity, as discussed elsewhere. Visual landscape impacts from unsightly developments are also a problem. Marine impacts tend to take the form of oil pollution, wastewater disposal or over-fishing, though these problems are less pronounced than land impacts.

2.3 ENVIRONMENTAL LEGISLATION AND CHALLENGES

2.3.1 Framework legislation and general comments

With the exception of Israel, Tunisia and Algeria, which have environmental legislation dating back to the early 1980s, all of the countries studied have relatively recent environmental legislation (within the last eight years). Egypt, Syria, Jordan, Lebanon and West Bank and Gaza have an environmental framework law which makes general provisions for environmental protection. However, implementing regulations and orders are still missing and this is proven to be the main bottleneck in the implementation of the laws. Morocco’s new framework law was adopted in June 2003.


15

Israel has the most developed environmental legislation, which makes use of all forms of legislative instruments (laws, regulations, administrative orders and bylaws). There are laws for all sectors including air, water, waste, EIA, public participation, biodiversity etc and the laws are enforced through administrative, civil and criminal defences. Lebanon and Syria are currently least developed in terms of environmental legislation. Contradictions and overlaps between legislation is a problem in the whole region. In addition, environmental quality standards, economic measures, the role of the public in environmental decision-making are elements that are often lacking in the legislation.

2.3.2 Air legislation

Air pollution problems are usually regulated within the environmental framework laws. Most countries have some regulations on air quality standards, particularly related to transport. Morocco has a comprehensive new air pollution law from 2003. Emissions from industrial facilities are generally not covered.

2.3.3 Water legislation

Of all the environmental sectors, legislation on water seems most developed in the region – water being the most pressing problem in almost all countries reviewed. It generally covers water quality management (waste water treatment, effluent disposal, water quality standards etc.), water rights and water conservation. In Lebanon, however, water legislation is limited to standards for drinking water.

2.3.4 Waste legislation

Waste legislation is lacking in most of the countries despite the fact that it is acknowledged as a priority problem throughout the region. General principles for waste management are usually laid out in the environmental framework laws but the required regulations are missing. Only Israel has comprehensive waste legislation which uses a similar approach as the EU system. In some of the countries, such as Algeria and Tunisia, specific waste legislation exists but its implementation is poor. In Jordan and Morocco, new waste legislation is currently under development.

2.3.5 Industrial pollution legislation

Specific legislation for industrial pollution or integrated pollution control does not exist within the region. Instead, it is generally governed by sector-specific or EIA legislation, as well as permitting procedures in environmental framework laws. Both Lebanon and Syria have issued guidelines for the establishment of different industries.


16

2.3.6 EIA and public participation legislation

Systems for EIA are currently under development in the region, either in specific EIA laws or within the environmental framework laws. This is mostly due to a project implemented under METAP between 1999 and 2003 (see Box 2.5), which focused on strengthening the region’s EIA capacity. A comprehensive new EIA law was adopted in Morocco in 2003. Lebanon, Jordan, and Syria all have draft legislation waiting to be approved. Provisions for public participation are generally weak or lacking, even in the case of Israel.

2.4 INSTITUTIONAL STRUCTURES AND CHALLENGES

2.4.1 General institutional challenges

Dedicated environmental authorities have been established in all countries of the region, often with encouragement and financial assistance from multilateral and bilateral development agencies. In most cases these authorities have been given powers under the framework environmental law, which enables the implementation of more specific laws and regulations. In Algeria, Jordan, Lebanon, West Bank and Gaza and Syria, new authorities for environment have been established fairly recently, between 2000 and 2003. In general, environmental ministries or authorities are responsible for policy setting and legislative development, environmental monitoring, the designation and management of protected areas, and also for administering EIAs (mostly required under donor agency procedures for internationally funded projects). Beyond this, the extent to which they have succeeded in making development more environmentally sustainable varies from country to country. Political instability is the main challenge from an institutional perspective in the Palestinian Authority. Cabinet changes occur regularly, weakening continuity and effectiveness of environmental authority. This is compounded by the closures due to the intifada, which makes enforcement of any law a difficult task. Similarly in Algeria, civil unrest and political turmoil and the resulting economic crisis have been obstacles to effective environmental management. In all countries, a lack of clarity with respect to the division of responsibilities between ministries stands out as a limiting factor for the effective implementation of legislation. Environmental responsibilities are generally divided among a large number of institutions and co-operation is weak leading to duplication of efforts and wasting of resources. High levels of bureaucracy are a commonly cited problem. Quantity and quality of human resources are a problem in most countries with the exception of Israel, Tunisia and Egypt (although at the local level in these countries there are problems related to human resources).


17

In Jordan, Syria and West Bank and Gaza, general weakness of the environmental institutions and a lack of efficiency in the regulatory framework along with weaknesses in monitoring, accountability and regulatory enforcement are additional challenges faced.

2.4.2 Relative strength of environmental authorities

Countries that have succeeded in establishing strong environmental authorities have generally done so in response to the recognition, at the highest levels of government, that certain specific environmental issues have posed a threat to the country’s economic and social development. In Tunisia, poor water quality and coastal pollution posed a threat to tourism, which was a major part of the country’s development plan. Similarly in Egypt, damage to the coastal environment threatened the sustainability of the tourist industry, which, as in Tunisia, became a powerful ally of the newly established environmental agency. Both countries have introduced legally enforceable EIA systems that have made important contributions to addressing these issues, without imposing major constraints on other development activities. In general, those environmental authorities that have achieved a position of relative strength have done so by co-operating with more powerful government departments rather than by challenging them, except over issues where they have had a clear mandate to do so from the highest level of government. In all the countries, environment agencies have little power to stop development proposals that have high-level backing.

2.4.3 Local environment offices

In most of the countries the national environmental authority has regional offices or branches, whose responsibilities include environmental monitoring. Where the EIA system has become reasonably well integrated with existing development approval mechanisms, the regional office liaises with local government, and may have delegated powers for developments that are not of national importance. In Egypt, Regional Branch Offices of the Egyptian Environmental Affairs Agency have been created, and these liaise with Environmental Management Units established in local government. Also in Syria there is a drive towards strengthening local governance. However, these structures do not yet have clearly differentiated roles, or adequate capacity. Israel has a relatively well established network of regional and local environmental authorities. In general, there is a need to strengthen regional and municipal environmental initiatives and their integration with national environmental policy.

2.4.4 Monitoring and enforcement

The prime responsibility for monitoring and enforcement of pollution permits and other conditions on development approval rests, in most cases, with the


18

appropriate sectoral ministries or local government. In some countries, such as Tunisia, the environmental authority is sufficiently well funded to employ reasonable numbers of inspectors, with clearly defined responsibilities for monitoring and enforcement. Elsewhere, the institution’s influence on the monitoring of existing activities depends largely on co-ordination with other government bodies.

2.4.5 Environmental investments and funding

Some of the key environmental issues in the region depend primarily on financial investment to address them (e.g. water treatment, solid waste disposal), together with an effective regulatory process. Many of the most pressing issues require strategic decisions, and a co-ordinated effort from a number of national and local government bodies. Where a positive connection between environmental protection and sustained economic and social development can be made, such funding usually becomes available. Where this connection is less clear, this is much bigger challenge and a lack of government funding as well as the real demand and willingness to pay for environmental services are limiting factors to effective environmental management throughout the region. Many countries, including West Bank and Gaza, Israel and Algeria are suffering from an economic crisis due to conflict which also limits the availability of funding for environmental issues. Egypt has an environmental fund with the aim of mobilising investments. The newly established Ministry of Environment in Syria (September 2003) has been allocated an investment budget but no allocations have been made yet. There are also substantive amounts of donor funding and lending available for the region but environmental lending is not often a top priority for the countries. The role of the private sector is also an important factor to consider as environmental infrastructure development may be dependent on private investment for it to really move forward. However, many of the region’s countries are not particularly attractive places for private investments, for example due to the historical domination of government and the public sector, failure to address pricing issues and the lack of the type of regulation required to make such investments sustainable and safe. The countries which are looking to move forward in terms of privatisation regulation such as Egypt, Israel, Morocco and Jordan are more likely to be successful here.


19

3 CONVERGENCE OPPORTUNITIES

3.1 PRIORITY DIRECTIVES IDENTIFIED FOR THE NIS REGION

This section presents the methodology and summarises the conclusions of the NIS convergence study and the priority directives identified for this region. Section 3.2 then goes on to review the relevance of these conclusions and priority directives to the present study, identifying which aspects may be applicable to the Mediterranean countries. Section 3.3 looks at additional directives and EU policies which may provide useful benchmarks for the region, taking into account the analysis from Sections 2.2, 2.3 and 2.4 above. In order to determine which pieces of EU environmental legislation are providing useful benchmarks for the NIS countries, the study identified which key environmental policy instruments were in need of reform and, in turn, which EU directives offer concepts and approach which address these. The directives and documents prioritised under the NIS report include: • Air Framework Directive; • Directive on Fuel Quality; • Water Framework Directive; • Waste Framework Directive; • Hazardous Waste Directive; • Dangerous Substances to Water Directive; • Groundwater Directive; • EIA Directive; • IPPC Directive; • Seveso Directive; • SEA Directive; • Recommendation on Environmental Inspection; and • The Aarhus Convention. References to these directives and documents can be found in Annex M.

3.1.1 NIS policy instruments in greatest need of reform

A review of governments’ policy statements and an assessment of existing environmental legislation and practice were the prime instruments used to determine which NIS policy instruments/legislation are in greatest need of reform to address the priority environmental problems. On this basis, the study singled out the following main weaknesses in the development and application of policy instruments and legislation in the NIS: • Unrealistic environmental quality standard setting and the number of

substances regulated;


20

• Legislation is often merely declarative and poorly designed; • Legislation is too far removed from implementation goals; • Lack of implementing regulations, procedures and guidance; • The policy instruments are not focused on the creation of incentives for the

regulated community to achieve better targets; • Lack of public involvement in policy making and legislative development; • Insufficient awareness due to a lack of publicity and dissemination of the

regulations that do exist; • Overlap between laws, decrees and regulations, as well as responsibilities

of government agencies; and • Weak institutional structures. An additional major characteristic of the NIS countries is that industrial environmental problems are at the forefront of issues to be addressed in the region. Therefore, the EU directives and policy instruments selected as priority for convergence are directly related to the regulation of industrial activities rather than nature conservation. Within the regulation of industrial activities, the main instruments considered as fundamentals for an effective environmental management of industry are environmental standards, environmental impact assessment, permitting, monitoring and enforcement. In line with these considerations, a number of directives have been selected as providing the best benchmarks to tackle the weaknesses of the current environmental policy system in the NIS. These are discussed below.

3.1.2 Priority directives

Environmental standards

A first group of priority directives for convergence is related to standards. These directives establish requirements based on a risk management approach as opposed to the risk assessment (zero human exposure) usually practiced in the NIS. (1) In addition, they contain useful concepts and benchmarks, which can be referred to when reforming NIS countries’ environmental policy and legislation, including in relation to monitoring and sampling procedures. These directives include:

The Air Quality Framework Directive (2) The Directive on Fuel Quality (3) The Water Framework Directive (4) The Waste Framework Directive (5)

(1) During Soviet times, environmental quality standards were on the basis of a risk assessment, i.e. aiming at zero human exposure, rather than the risk management approach followed by the EU (aiming to ensure a medium was fit for the purpose for which it was to be used). This made it difficult or even impossible to comply with them in practice (either technically unfeasible or prohibitively expensive to meet them) or, consequently, to enforce compliance. (2) Directive 96/62/EC. (3) Directive 98/70/EC. (4) Directive 2000/60/EC. (5) Directive 75/442/EEC as amended by 91/156/EEC.


21

The Hazardous Waste Directive (1) Environmental quality standards set up by corresponding daughter directives for specific substances should also be considered. Directives related to EIA and permitting

The EIA Directive (2) offers a number of valuable concepts and procedures, which can guide the revision of the NIS environmental impact assessment process, based on the common Soviet system practice and considered as inefficient and burdensome. Among others, the EIA Directive provides for screening procedures, different levels of assessment for different types of projects, guidance on implementation procedures, the assessment of all environmental impacts, requirement of mitigation measures, consideration of transboundary environmental impacts and enhanced public participation and information. The IPPC Directive (3) applies to the most polluting industries and introduces an integrated approach to permitting based on Best Available Techniques (BAT), combined with emission standards for the main polluting substances. It is the main EU instrument related to permitting. The Directive contains interesting concepts and approaches for convergence. Firstly, it introduces a permitting assessment procedure based on use of BATs and compliance with environmental quality standards. It also ensures close co-ordination between the different permitting authorities. The IPPC system covers all environmental impacts i.e. the permit does not only cover emission limit values, but also sets requirements for self-monitoring, reporting, accident notification, energy efficiency and raw material use, waste minimisation. Finally, permitting is also addressed in other directives, which can be used as further guidance in improving the permitting processes. These include the Waste Framework Directive, the Hazardous Waste Framework Directive, the Dangerous Substances to Water Directive and the Groundwater Directive. The Seveso Directive, (4) which regulates the control of major accidents involving dangerous substances, complements the IPPC Directive. It also operates through regulatory controls of the activities on a site and links health and safety issues to those environmental ones, therefore providing useful benchmarks in relation with the regulation of the use of dangerous substances at certain establishments and major accident prevention policies, safety reports and emergency plans.

(1) Directive 91/689/EEC. (2) Directive 85/337/EEC as amended by 97/11/EC. (3) Directive 96/61/EEC. (4) Directive 96/82/EC.


22

Enforcement

In addition to certain enforcement aspects covered in the Directives described above, the EU Recommendation on Environmental Inspection sets up minimum criteria and guidelines for inspection tasks and could serve as a useful guidance for improving enforcement. Strategic Environmental Assessment (SEA)

The SEA Directive (1) sets up procedures for the carrying out of strategic environmental assessment, ensuring that the environmental consequences of plans and programmes are identified and assessed before they are adopted. SEA favours an integrated and preventative approach to environmental management. Hence, the SEA Directive has been considered as a priority instrument for convergence, especially in NIS countries, which, in their majority, have already shown interest in this policy tool. Transparency and public involvement

Legislation in the area of transparency and public involvement in environmental decision-making has also been identified as a priority for the NIS countries where existing legislative requirements lack practical implementation. However, as the EU legislation implements de facto the provisions of the Aarhus convention, which has been signed by most NIS countries, it has been considered that the convention itself would be a more useful benchmark.

3.2 RELEVANCE OF THE CONCLUSIONS OF THE NIS STUDY TO THE MED REGION

This section assesses the relevance of the priority directives identified in the NIS convergence study to the MED countries. As described in Sections 2.2, 2.3 and 2.4, environmental priorities and legislative and institutional settings in the MED countries are not similar to those of the NIS countries although some of them are comparable. In particular, the causes and nature of environmental problems in the MED countries differs from those in the NIS. The main issues are linked mainly to agriculture, tourism, over-population and naturally fragile environment, in contrast with NIS countries, where industry is the main source of environmental problems. Therefore, what constitutes a useful benchmark for the NIS countries is not always relevant to the MED countries.

3.2.1 Environmental standards

In the MED countries, unlike in the NIS countries, the setting of standards at an unrealistic level is not a major issue. This can be explained by a difference in the way the standards were historically set up. However, research shows that the MED countries are often lacking standards for some substances, which can be partly explained by the fact that, in most countries,

(1) Directive 2001/42/EC.


23

environmental legislation is still in its infancy. In this sense, it would be recommended to use EU standards as benchmarks, as per the list of priority directives identified under the NIS study. As waste and water have been identified as key environmental issues, they will be considered separately, as some of the EU Directives identified as relevant for convergence with standards under the NIS study also contain policy and regulatory concepts and approaches which would be useful to tackle waste and water management related issues in the MED region.

3.2.2 Waste

With the exception of Israel and to a certain extent Tunisia, there is no sound legislation related to waste in the MED countries, or when legislation is in place, weak implementation undermines its efficiency. This is a preoccupying situation in light of the growing problems linked to industrial and urban waste management common to all these countries. The two main EU directives which regulate waste management, the Framework Waste Directive (1) and the Hazardous Waste Directive, (2) offer a good model as to how waste management should be regulated. The Framework Waste Directive establishes a waste management hierarchy and requires Member States to adopt this hierarchy by encouraging, in order of priority: • The prevention or reduction of waste production and its harmfulness; and • The recovery of waste, including recycling, re-use or reclamation, or the

use of waste as a source of energy. As well as regulating the disposal and recovery of waste, the directive requires Member States to set up an integrated and adequate network of disposal installations, and to prepare and implement waste management plans. The Hazardous Waste Directive introduces a precise and uniform definition of hazardous waste, and promotes the environmentally sound management of hazardous waste, taking into account the special nature of such waste. A number of controls, additional to those laid down in the Framework Waste Directive, are imposed in respect of the handling and disposal of hazardous waste. Such requirements would support a better control of industrial hazardous waste, which is usually not treated adequately. Both directives should therefore be considered as priority directives for convergence in the MED region, along with the list of waste and hazardous waste established by the Commission Decision 2000/532/EC.

(1) Council Directive 75/442/EEC as amended by Council Directive 91/156/EEC, 91/692/EEC, 96/360/EC and 96/59/EC (2) Council Directive 91/689/EEC as amended by Council Directive 94/31/EC


24

Finally, there are two directives regulating waste disposal processes and facilities, namely the Directive on Waste Incineration and the Landfill Directive. Although these directives contain some useful benchmarks, they are very expensive to implement and should therefore be considered only as a second priority.

3.2.3 Water

The key issue with regard to water in the MED region is access to water (i.e. water resources management) rather than water quality, as is the case in the NIS countries. All MED countries are confronted by the problem of limited water resources, with significant implications in terms of access to surface and groundwater sources for water allocation and the associated risk of conflict. The Water Framework Directive (WFD) is useful as it offers a combined approach to pollution control, with both limit values to control emissions from point sources, and water quality objectives to limit the cumulative impact of emissions in water resources. One of the most important aspects of the WFD is that it requires water resources to be managed on the basis of river basins, instead of administrative or political boundaries. The basin approach would provide a valuable model for certain countries e.g. Egypt, Israel. However, existing cross-border conflicts could prevent the adoption of such an approach at the regional level, as the WFD presupposes already existing regional co-operation, as in the case of most EU Member States. Therefore, it seems more appropriate to consider the WFD approach in those regions where transboundary co-operation is already in place. In such cases, the application of the WDF could even be a catalyst to develop cross-border cooperation in other fields. However, in case of conflict and in the absence of any form of existing cooperation on shared water resources, it is unlikely that there will be sufficient political support to envisage the implementation of a basin approach. However, the economic aspects of the WFD could offer interesting benchmarks for the region, particularly with regards to its requirements in terms of economic analysis of water usage (article 5) and cost recovery for the provision of water services (article 9). In a region where water is so scarce and where generally little funding is available for environmental issues, improvement in terms of the economics of water supply is highly desirable. Also of interest are the WFD’s concepts and instruments for streamlining existing water management and its institutions. For each river basin, a management plan would have to be developed aimed at implementing the standards set in the legislation. Common methods of sampling and analysis would also be required and this would make it possible to avoid duplication of effort, and to make savings by using samples for more than one purpose. In addition, pollution from extensive use of fertilisers and pesticides could be tackled through consideration of other EU legislation i.e. pesticide related legislation (see Section 3.3.6).


25

3.2.4 EIA and permitting

Several international projects have already provided technical assistance in strengthening environmental assessments e.g. under METAP, an extended four-year project focused on environmental impact evaluation systems (see Box 2.5). Some of the countries have draft EIA legislation which is in the process of being adopted, or there are guidelines or policies setting out the EIA process (e.g. Lebanon, Jordan, Syria, West Bank and Gaza and Morocco) and others already have active EIA legislation in place (Israel, Egypt and Tunisia). However, EIA is a key environmental management tool and for those countries which do have procedures in place or in draft form, the EIA Directive still provides useful benchmarks in terms of public participation, an aspect which is generally weak in the region. In terms of permitting, the IPPC Directive should not be considered as a priority in the context of the MED region as a whole. IPPC was identified as a key directive in relation to the NIS countries mainly because of the high level of industrialisation of these countries, together with particular problems linked to industrial pollution e.g. ageing equipment, specific issues associated with the broad range of standards, emphasis put on end-of-pipe solutions. In the MED countries, industrialisation is less developed and usually located in specific areas. Convergence in the field of permitting would only be relevant for some specific countries, where there is a high rate of industrialisation and a significant number of pollution hotspots that require an integrated approach to permitting. It could also be of interest for countries where the permitting legislation is based on the French legislation on ‘classified installations’ e.g. Algeria, which would be easier to adapt to an integrated permitting system. Looking at the association agreements signed between the EU and the MED countries, most of them refer specifically to co-operation in the field of industrial pollution, namely agreements with the following countries: Algeria, Tunisia, Israel, Jordan, Lebanon, Morocco and West Bank and Gaza. It should be noted that the focus is put on industrial safety along environmental impacts. Consequently, in such cases, convergence should be considered with the IPPC Directive in combination with the Seveso Directive, which regulates safety aspects at facility level. However, as mentioned before, industrial pollution is not such a high priority in MED countries compared to the NIS countries. Therefore, it is suggested that the IPPC and Seveso Directives be covered in the context of convergence only for specific countries, where there is a pressing need and a clear political will to tackle the issue of industrial pollution. For other countries, the IPPC and Seveso Directives should be considered as second priority for the convergence strategy.

3.2.5 Enforcement

The level of enforcement is characterised as low in the MED countries. This is due to a number of factors such as the lack of monitoring, the lack of deterrent measures and general institutional weakness. As for the NIS countries, the


26

improvement of enforcement performance is identified as a high priority for the MED countries. Therefore, the EU Recommendations on Environmental Inspection (see Annex M for reference) would provide useful guidance with regard to minimum criteria and guidelines for inspection tasks.

3.2.6 Strategic Environmental Assessment (SEA)

The introduction of sound SEA practice is especially relevant in the MED countries, as significant financial investments are needed to respond to some of the priority environmental issues in the region, in particular in the field of water and waste management, as well as agricultural development. In addition, planning is usually the responsibility of powerful sectoral ministries. The use of SEA would ensure the adoption of an integrated approach to environmental planning and management, as well as the identification, assessment and avoidance or mitigation of environmental consequences of plans and programmes before they are implemented. SEA could be important, for example, in relation to the Aqaba Special Economic Zone in Jordan, for which a master plan has been developed for the next 20 years, with investments estimated at $6 billion. EIA is already mandatory for developments in this region, but SEA should be applied as well. This would also count for other large development plans being rolled out in the region. For example in Lebanon, the Council for Development and Reconstruction plays a significant role in investment and implementation programs for reconstruction and development projects, many of which have significant potential environmental effects. However, it should be noted that, even in Europe, it took some time to accept the concept of SEA. Therefore, the introduction of SEA may be limited to such situations where the fact that a specific planning organisation is in place could encourage the acceptance of this instrument, as per the examples described above. The introduction of SEA practices would also involve preliminary awareness raising activities in order to promote the SEA concept, particularly within sectors of the government which have a major impact on the environment but are not necessarily aware of the benefits of this tool.

3.2.7 Transparency and public involvement

Similar to the trend identified for the NIS countries, transparency and public involvement is still a major issue in the MED countries. The EIA legislation in these countries usually does not provide for public participation, or if it does, such requirements are not implemented in practice. In the majority of the MED countries, a traditionally autocratic and dynastic political system, coupled with generally low awareness of environmental issues, has prevented civil society from playing an active role in environment management. However, it should also be noted that, in some MED countries, public participation is ensured through traditional structures i.e. open sessions held by national or local governments where the population can express its


27

concerns directly to the authority. Therefore, the issue of public participation is linked more to the development and participation of NGOs rather than to the involvement of local populations. Where environmental NGOs exist, they often play a role of ‘expertise provider’, comparable to academic institutes, rather than acting as a pressure group. Unlike the NIS countries, none of the MED countries have signed the Aarhus Convention. Therefore, it would be of interest to focus convergence effort not only on the Aarhus Convention itself (as well as guidance documents developed by the Convention Secretariat), but also to consider the Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information, as well as future directives under the current proposals submitted by the Commission on these issues (1).

3.3 OTHER POSSIBLE PRIORITY DIRECTIVES FOR THE MED REGION

The review of key environmental issues and environmental legislative and policy frameworks of the MED countries in Sections 2.2, 2.3 and 2.4 suggests that some other EU directives and policy documents could be of interest in the context of convergence, in addition to the ones identified in the NIS study. These are primarily related to: • Transport emissions; • Coastal zone management; • Fisheries; • Protected areas and biodiversity; • Tourism; and • Agriculture (nitrates and pesticides). In some of these areas (namely transport emissions, protected areas and agriculture), EU legislation has been adopted and could be considered to provide benchmarks for new legislation in the region. Other issues, however, are not covered by EU-level regulations. With regard to coastal zone management, tourism and fisheries, EU action is laid down in strategic policy documents. However, especially for coastal zone management these documents also provide good opportunities for convergence. This is described further below.

3.3.1 Transport emissions

In order to reduce car emissions, the European Union has developed, along with the setting of air quality standards, a number of measures: • Setting of car air emission standards;

(1) Proposal for a Directive on access to justice [COM(2003)624] and proposal for a Regulation applying the Århus Convention to EU institutions [COM(2003)622]


28

• Voluntary agreement with car manufacturers to decrease CO2 emissions; and

• Measures to encourage the development of clean vehicles. The Council Directive 70/20/EEC sets up the first legal controls on vehicle emissions. Various amendments to this Directive have seen the gradual reduction of emissions standards, coupled with the improvement of exhaust testing methods and the introduction of control technologies, such as catalytic converters and on-board diagnostics systems. The key standards regulating vehicle emissions are known as the EURO standards. They regulate: • Hydrocarbons (HCs); • Carbon monoxide (CO); • Nitrogen oxides (NOx); and • Particulate matter (PM). Directive 98/69/EC establishes EURO III standards (implemented January 2000), EURO IV standards, which are to be implemented by January 2005 and EURO V standards, to be implemented in 2008. Additional to the measures detailed above are directives regulating exhaust emissions from heavy goods vehicles (HGVs), light commercial vehicles, motorcycles and agricultural vehicles such as tractors. Finally, the Directive 98/70/EC (as amended by Directive 2003/17/EC) sets environmental fuel quality specifications for petrol and diesel fuels and covering sulphur, and for petrol lead and aromatics. These standard values could serve as a point of reference when developing similar limits in MED countries. Carbon dioxide is regulated in a different manner. The European Union’s strategy to reduce carbon dioxide emissions from passenger cars includes an agreement with automobile manufacturers, fiscal incentives to influence motorist’s choice towards environmentally friendly vehicles and a directive relating to consumer information and the marketing of new passenger cars. As air pollution in the region is mostly related to transport emissions, these EU directives could provide useful benchmarks for new legislation in this area to be developed in the future.

3.3.2 Protected areas and biodiversity

The main EU legislation on protected areas is the 1992 Habitats Directive, which aims to contribute to the maintenance of biological diversity in the EU, by establishing a European ecological network of representative sites, Natura 2000, and ensuring that selected habitats and species are maintained and


29

protected. Member States must identify and designate Special Areas of Conservation and take various measures to protect habitats and species within and beyond these areas, taking into account the economic, social and cultural requirements and regional and local characteristics. In addition, the 1979 Wild Birds Directive requires Member States to protect naturally occurring wild bird species and their habitats, by designating and managing Special Protection Areas, and prohibiting certain harmful activities. Special Protection Areas designated under the Wild Birds Directive are also part of the Natura 2000 network (1). The Habitat Directive can provide useful benchmarks in relation to requirements for the conservation and management of protected areas. In particular, it requires: • Positive nature conservation measures: Member States have the choice as to

whether or not to adopt management plans. They must take at least one type of measure: statutory, administrative or contractual measures;

• Preventative measures; and • Assessment of specific plans and projects likely to have a significant

negative effect on Natura 2000 sites. The Commission has also adopted a series of Biodiversity Action Plans in the area of fisheries, agriculture and conservation of natural resources. The plans define concrete actions and measures, and specify measurable targets to ensure that losses in wildlife, ecosystems, crop varieties, domestic animals and fish are avoided. All these plans can provide very valuable guidelines as to how to tackle impacts on biodiversity from fisheries and agriculture, a key issue for MED countries. The action plan on conservation of natural resources presents a particular interesting example, as it deals with the implementation of the Birds and Habitat Directives mentioned above, and how general environmental instruments – including the strategy for integrated coastal zone management and environment impact assessment – can support the conservation of natural resources.

3.3.3 Coastal zone management

There is no legislation as such on integrated coastal management. However, the EU has produced a series of recommendations, guidance and studies, which could be of interest to those Mediterranean countries which intend to develop strategies and policy on coastal zone management. From 1996 to 1999, the Commission carried out a Demonstration Programme on Integrated Coastal Zone Management (ICZM). The programme was designed to collect technical information and stimulate a debate among different stakeholders on coastal zone management.

(1) Both Directives can be found at http://www.europa.eu.int/comm/environment/nature/legis.htm


30

Based on the results of the Demonstration Programme, the Commission has adopted a Strategy on ICZM (1) , which was followed by a Recommendation on the implementation of ICZM in Europe, adopted by the Council and the Parliament in May 2002 (2) . The Recommendation defines the steps that the Member States should take to develop national strategies for ICZM, due by 2006. Although this document is not a binding document, it is a significant political commitment, as it has been formally adopted by the Parliament and Council under the co-decision procedure. The Recommendation could provide very useful benchmarks for the MED region. An expert group established to facilitate the implementation of the strategy has prepared a series of documents: • An expert group guidance report for the national stocktakes (3); • An expert group report on indicators and data (4) (under development); • A study on the Socio-Economic costs and benefits of ICZM (5); and • Finally, the Tourism Unit, DG ENT, has published a study on coastal

tourism, ‘Towards quality coastal tourism: Integrated quality management of coastal tourist destinations’ (6) .

3.3.4 Fisheries

Under the Common Fisheries Policy (CFP), the EU has developed a series of measures designed to reduce and eliminate over fishing, in order to reach a sustainable balance between the needs of the fishing sector and the available fish stocks. These concerns are taken into account in the Commission proposals for a reform of the CFP and developed in the Commission Communication on a Strategy for integrating environmental protection considerations into the CFP (7). The strategy contains valuable concepts, which could be referred to by MED countries when developing their own policy or strategy on sustainable fisheries. It should also be noted that the EU is already acting for developing cooperation with MED countries on sustainable development of fisheries in the Mediterranean. At the last Ministerial Conference on this issue held in Venice on 25-26 November this year (8) , several actions have been agreed upon in order to progress towards the establishment of a multilateral resource-management system permitting the sustainable exploitation of fishery resources in the

(1) Communication from the Commission to the Council and the European Parliament on 'Integrated Coastal Zone Management: A Strategy for Europe' (COM/00/547 of 17 September 2000) (2) European Parliament and Council Recommendation concerning the implementation of Integrated Coastal Zone Management in Europe of 30 May 2002 (3) http://www.europa.eu.int/comm/environment/iczm/stoktaking_wg.pdf (4) http://www.europa.eu.int/comm/environment/iczm/interim_report.pdf (5) http://www.europa.eu.int/comm/environment/iczm/socec_en.pdf (6) http://europa.eu.int/comm/enterprise/services/tourism/tourism-publications/documents/iqm_coastal_en.pdf (7) Commission Communication to the Council and the European Parliament of 14 July 1999 on fisheries management and nature conservation in the marine environment, COM (99) 363 final (8) See Final Declaration at http://www.cat-sostenible.org/pdf/Pesc_i_%20DS_%20Med_UE.pdf


31

whole Mediterranean Basin taking into account the protection of the environment. One of the main structure for this regional cooperation is the General Fisheries Commission for the Mediterranean through which the Ministers have committed to establish and implement a Mediterranean policy designed to ensure the sustainable exploitation of migratory and shared stocks. In particular, a Working Party will be responsible for drawing concrete proposals on the development of resource management and conservation mechanisms for Mediterranean fisheries, by October 2004. Therefore, the GFCM appears to be the most suitable forum to undertake cooperation efforts on sustainable fisheries, at least on a multilateral basis.

3.3.5 Tourism

Although the Treaty on the European Union states that activities of the Community include measures in the sphere of tourism, the EU has not yet developed a specific policy or legislation in this sphere. Therefore, the activity of the EU in this field is indirect and limited to measures related to the integration of environmental considerations in tourism policy i.e. mainly encouraging the promotion of sustainable tourism initiatives. It would be advisable to consider other initiatives, which would constitute more comprehensive benchmarks (e.g. activities being carried out by UNEP – Blue Plan, UNESCO).

3.3.6 Agriculture-related directives

The EU has developed an extended regulatory framework on the use of pesticides. In particular, Directive 91/414/EC defines rules for the authorisation of plant protection products and requires a risk assessment before placing on the market of these products. Community rules also set up maximum residue limits (MRLs) on food and feedstuffs. MRLs are set up for both raw agricultural products and processed products and composite foodstuffs. It should be noted that the European Commission has adopted a Communication ‘Towards a Thematic Strategy on the Sustainable Use of Pesticides’ (1) , which is currently under discussion. Some of the objectives and possible solutions discussed in this document could be of relevance to MED countries e.g. integrated pest management, good farming practices, banning of aerial spraying. The issue of nitrate pollution, which becomes a concern in MED countries due to the widespread use of fertilisers and poor treatment of human and animal waste, is covered by a specific directive, the Nitrates Directive (2). The Nitrates Directive requires Member States to identify vulnerable zones which are, or may be, affected by nitrate pollution. Action programmes must be established for these zones. Nitrate pollution must also be prevented outside vulnerable

(1) COM (2002) 349 (2) Council Directive 91/676/EEC


32

zones through the development of codes of good agricultural practice. In addition, the Directive sets up monitoring requirements relating to nitrate concentration in surface and groundwater waters. In relation with agriculture, the Euro-Mediterranean Ministerial Conference on Agriculture, held in Venice on 27 November this year, has decided the development of a work programme on agricultural cooperation. This programme focuses on sustainable rural development, promoting the quality of agricultural products and organic farming. The work programme could provide a useful framework for converging with the directives described above.


33

4 POTENTIAL CHALLENGES AND OBSTACLES TO CONVERGENCE

As for the NIS countries, convergence with the environmental acquis would be challenging for the MED countries. EU legislation requires major institutional reform which places a significant burden on implementing authorities. There are likely to be legal and cost barriers as well. A proper analysis of challenges and barriers would require an in-depth review of what the detailed requirements are of each priority directive for the MED region. The NIS convergence report provides such information for a number of directives in relation to the specificity of that region. However, the timeframe and budget for this report was not sufficient to do a similar detailed analysis for the MED region. Instead, some general challenges and obstacles, which in some cases are similar to the challenges in the NIS report, are presented below.

4.1 SPECIFICITY OF THE MED COUNTRIES

Unsurprisingly, given the MED countries’ geographic proximity, there are considerable natural and climatic similarities across the region and strong continuity with the natural characteristics of the southern European countries. In addition, as discussed in Section 2.2, the MED countries have a number of common environmental problems. This presents a strong rationale for, and underlines the desirability of, developing a harmonised approach to environmental management across the region. Furthermore, many of these countries have a similar history of environmental legislative and institutional development, as discussed in Sections 2.3 and 2.4. This stems firstly from their cultural, political and socio-economic similarities and secondly from the nature of the assistance provided by donor organisations in the last decade or two. This further supports the case for encouraging them to converge their legislation with that of the EU. Nevertheless, however, there remain considerable differences across the MED countries in terms of their level of political and economic development and their approach to environmental protection. Unlike the NIS, these countries are not bound by a common political history and legislative heritage and as such it will be more difficult to identify opportunities applicable across the region. Legislative gaps or weaknesses are likely to differ from country to country, meaning that efforts will need to be very targeted and the opportunities for duplication will be somewhat limited. Furthermore, it is not necessarily apparent that all of these countries’ political interests are aligned with the EU – for some, including Israel, the US is a more obvious model for legislative and other forms of development. This is discussed further below.


34

In addition, the conflict between Israel and West Bank and Gaza is limiting in terms of cross border co-operation in the region and some EU directives, such as the Water Framework Directive and Habitats Directive, require high levels of transnational co-operation.

4.2 EXISTING ENVIRONMENTAL GOVERNANCE IS GENERALLY WEAK

In general, the MED countries suffer from relatively weak institutions and legislation governing environmental protection, which will act as a barrier to convergence efforts. Efforts will be further undermined by these countries’ political systems, which tend to be autocratic and dynastic, often with a close correlation between government power and the ownership of associated companies and property, which carries implications for decisions of a change in direction towards stronger environmental management. The main institutional challenges to convergence can be summarised as follows:

• Low government priority: the present economic and political climate in the majority, if not in all, of the MED countries is such that any potential government expenditure not viewed as immediately beneficial for economic regeneration is regarded as low priority;

• Lack of human resources: apart from Israel and Tunisia, a lack of

human resources in the authorities responsible for environmental management is a limiting factor;

• Unclear designation of responsibilities: a multitude of government

departments have management responsibilities which are often in conflict with each other or which leave gaps in management needs. This will have to be tackled for convergence efforts to have a positive impact;

• Lack of co-operation between responsible bodies: as a consequence of

the unclear designation of responsibilities noted above, there is a lack of co-operation between different responsible bodies. Close co-ordination between inspectors, authorities in charge of monitoring and the permitting authorities, in particular in terms of information sharing will be pre-requisites for convergence success;

• Low level of enforcement: due in particular to the insufficient number

of inspectors, the lack of monitoring data and equipment, and conflicts in allocation of regulatory responsibilities, plus a culture of producing data without analysis. Legislative change will not have any effect if enforcement is not improved;

• Insufficient awareness of environmental issues: government lacks the

will to tackle environmental issues because awareness is low. The


35

environmental authorities are often inexperienced and lack credibility. Despite the emergence of environmental NGOs, the pressure from civil society for effective environmental management remains piecemeal. In addition, while EU law now has a strong focus on public participation in decision making, this is a concept which remains poorly understood in the MED countries;

• Political instability: The conflict with Israel would be the main

challenge for convergence from an institutional perspective in the Palestinian Authority. Cabinet changes occur regularly, weakening the continuity and effectiveness of environmental authority. This is compounded by the closures due to the intifada, which makes the enforcement of any law a difficult task. Also in Algeria, civil unrest and political turmoil and the resulting economic crisis have been and remain obstacles to effective environmental management.

4.3 POTENTIAL LEGAL OBSTACLES

Convergence towards the directives listed above might raise certain legal issues in the MED countries. These potential barriers will be different in each country and will need to be identified by national legal experts where an interest in convergence in certain areas of legislation exists. In general, the following potential legal barriers to convergence can be identified:

• Conflicts between different national laws: Convergence can only be carried out successfully where conflicts between different laws are being resolved. Currently, it is not always clear which regulations apply in a specific case. Many important sections of the legal framework still need to be redefined and brought into line with national legislation relating to other fields. Without solving these conflicts, much convergence would be ineffective;

• Lack of clarity in the delineation of responsibilities or authority in the laws: this often makes implementation impossible. These institutional inconsistencies in the legislation will have to be tackled for any convergence to be effective;

• Un-clarity with regards to property rights: For a number of historical

and cultural reasons almost all countries in the region have political and economic systems that differ substantially from those in Europe and this is for example reflected in the concept of property rights. Property rights are often created, increased, diminished and sometimes extinguished by discretionary bureaucratic actions or failures to take action. This creates an obstacle for implementation of EU practices such as implementation of pollution charges.


36

4.4 PATTERNS AND STRUCTURES OF PUBLIC PARTICIPATION DIFFER FROM THE WEST

Participation of elements of civil society in political decision-making is neither a historical tradition in the region’s political systems, nor a major feature today. Even at the present time, patterns of loyalty and tribal and family relations play a large role in almost all the countries. Public access to data and information is limited, and data often tends to be incomplete or lacks analysis. In addition, environmental education in the school system and to the general public is underdeveloped or lacking. This general lack of openness limits the effectiveness of the environmental regulations by restricting co-ordination between government departments, awareness of public concerns and the use of public knowledge. Support is needed for promoting awareness of the potential benefits of consultation and public participation for any convergence efforts to be successful, especially with a view to the extent to which public participation plays a role in EU legislation and its implementation. This would require quite a radical shift which may prove challenging for the MED region. In general, it is important to acknowledge that where new legislation or regulations will be drafted in future in the context of convergence, better legislation could be developed if the decisions on actual implementation and enforcement can be made beforehand by the responsible authorities. This would include taking account of the situation and experience of all those stakeholders who will be affected by the legislation, such as regional authorities, industry and the public.

4.5 AVAILABLE FUNDING FOR ENVIRONMENT IS LIMITED

The whole region faces severe financial limitations for environmental management. However, without adequate funding, convergence will remain a remote goal. Many of the directives require major infrastructural investment. Studies in Central and Eastern Europe show that the implementation of tougher environmental regulations and standards, along EU lines, imposes considerable investment costs in the field of:

• Large combustion plants (air pollution); • Waste water collection and treatment; • Waste management (collection, recycling, incineration, sanitary

landfill); and • Industrial pollution control.

In all areas, large investments can be anticipated, but the economic consequences may differ: stricter standards for large combustion plants will


37

lead to higher costs of electricity production; industrial pollution prevention and control to higher production costs; the large investments in public waste water collection and treatment and waste management will primarily serve, and be financed, by citizens. Other directives will not require large infrastructural investments but may be more demanding in terms of organisational and institutional cost. For example, the biodiversity-related directives and also the institutional demands of the Water Framework Directive are “expensive” in this sense. Of course the cost implications will depend on which directives are chosen as priorities, and to what extent the directives are actually implemented. As our preliminary analysis presents, some of the most costly directives are actually not chosen as first priorities for the region, apart from the ones related to waste.

4.6 POLITICAL SUPPORT FOR CONVERGENCE MAY BE LIMITED

As long as there is no active political commitment to convergence with EU legislation in the MED countries, there is a risk that very little progress will be achieved. The concept of convergence in itself is different from approximation, which is a sine qua non condition to the Candidate Countries joining the EU and implies a full alignment with European legislation. Convergence does not involve the same degree of constraint as approximation. Therefore, a firm political support for convergence must be clearly expressed and consistent across the region in order to generate attention and enable concrete progress. In addition to historical relations with certain EU countries, some of which date back to colonialism, the EU and individual Member States have built up trade relations with the MED countries. According to the figures published by Eurostat in 2003, the EU share of the Mediterranean partner countries amounted to 46.6% in 2001. The EU has clearly expressed its will to reinforce existing relations with the MED countries as per the Valencia Action Plan (1), which aims at a reinforced political dialogue, further development of economic, commercial and financial co-operation and renewed emphasis on the social, cultural and human dimension. With the objective of creating a Euro-Mediterranean Free Trade Area by 2010, association and co-operation agreements have been signed with all the MED countries. However, although these agreements mention environment as one of the co-operation areas, they do not include provisions relating to convergence (or harmonisation) with EU legislation. The typical provision on environment in association agreements would state ‘The Parties shall encourage co-operation in preventing deterioration of the environment, controlling pollution and ensuring the rational use of natural resources, with a view to ensuring sustainable development and guaranteeing the quality of the environment and the protection of public

(1) Adopted at the fifth Euro-Mediterranean Conference of Ministers for Foreign Affairs, April 2002.


38

health’ (1). Then, the relevant article lists specific areas of co-operation in the field of environment. Consequently, the MED countries’ interest in convergence is less obvious than that shown by many NIS countries, which have clearly stated their interest to work towards convergence of their environmental legislation with the EU, most notably in the Partnership and Co-operation Agreements (PCAs). Besides, the MED countries have also paid attention to benchmarks other than those provided by the EU legislation. A range of projects financed by USAID or the World Bank have focused on alignment with US and international standards rather than European. Other obstacles to strong support for convergence with EU environmental legislation include broader problems which hinder the general process of building partnership, such as the difficulties in the Middle East peace process, issues linked to human rights, the prevention of terrorism, and migration. Finally, this issue should be also considered in the context of the new Wider Europe initiative, which recommends the development of Action Plans to be agreed between the EU and partner countries, including MED countries, on a bilateral basis (2) . The Action Plans will be the key policy instruments for relations with the neighbouring countries in the medium term. EU approach to relations with neighbouring countries will be based on different incentives including among others, the perspective of participating progressively in the EU’s Internal Market and its regulatory structures including those pertaining to sustainable development, based on legislative approximation. The Action Plans will include specific objectives and benchmarks and, consequently, will be a good measure of political support to convergence. At the Euro-Mediterranean Conference of Ministers of Foreign Affairs held in Naples, on 2-3 December this year, the Ministers reaffirmed their shared willingness to strengthening their partnership, underlying the necessity to enhance efforts at increasing its effectiveness and deepening the Process. In particular, the Ministers stated that the EU Wider Europe / New Neighbourhood Policy aims to support reforms as well as regulatory and legislative approximation. It should be noted that cooperation in the field of environment focuses mainly on water use and integration of environment in all sectors of the Partnership, which relates mainly to political and security cooperation, trade issues and social, cultural and human partnership.

(1) Article 52 of the Association Agreement signed between the EU and Algeria (2) Council Conclusions on Wider Europe - New Neighbourhood and the Communication from the Commission to the Council and the European Parliament - COM (2003) 104 final


39

5 CONCLUSIONS AND RECOMMENDATIONS

This report attempts to develop a very preliminary road-map for convergence of environmental legislation in the Mediterranean Region towards EU directives, based on lessons learnt from a more substantive report which was developed for the NIS region. This section presents our conclusions based on the analysis carried out in the previous sections. It starts out with a comparison on the drivers for convergence in the two regions, and then presents the preliminary list of priority directives for the MED region, which is substantially different than the priority list for the NIS. However, the general recommendations as to how to tackle the legal, institutional and cost issues related to convergence are quite similar to the ones identified for the NIS. The section concludes with some recommendations of further work that could be carried out to take the preliminary findings of this report to a more developed stage.

5.1 DRIVERS FOR CONVERGENCE

It is clear that the political and socio-economic situation in the MED region is substantially different from that in the NIS. The NIS region shares a clear common historical background (especially for the 70 years that the countries were governed under the Soviet Union, and for many of them before that under the Russian Empire), and has also quite unanimously decided to move away from a centrally led, planned economy and governance structure to a more open system, often based on European values and systems. The MED region, on the other hand, presents a more complicated picture. There is no such concerted effort to move away from the current systems in place and the differences between countries in the region are larger. The links with Europe are probably also more based on trade interests than on shared cultural values and a sense of “closeness”. In addition, some countries (including Israel, Egypt and Jordan) have developed a strong link with the US and are probably more interested in US approaches to change than those the EU may offer. This all culminates in the possible drivers for convergence in the MED region being different, and less strong, than those for the NIS. Table 5.1 provides an overview of the key drivers for convergence for both regions.


40

Table 5.1 Overview of convergence drivers

Drivers NIS Region MED Region Environmental benefits from stricter and more developed environmental regulation

Former Soviet Union regulation was in some areas incredibly strict. Therefore this driver does not count so much for the NIS region. In the NIS the driver would be rather more realistic standard setting and regulation which is more focused on implementation and enforcement.

This is a driver for the MED region as environmental legislation is still underdeveloped throughout the region.

Environmental benefits and resource efficiency due to a more realistic level of pricing of e.g. water and energy

This is an important driver for the NIS region where large benefits are to be gained especially with regards to resource efficiency.

This could be an important area for the region, especially in terms of pricing issues. The economic aspects of the EU Directives e.g. the WFD offer valuable benchmarks.

Political partnership with EU: Partnership and Co-operation / Association Agreements outlining wish for convergence

Many of the NIS PCA specifically mention convergence as a goal which is an indicator for political support.

None of the association agreements currently mention convergence. However, the Action Plans currently being developed throughout the region offer an opportunity to facilitate such political support.

Geographic proximity (transborder environmental problems and shared natural resources)

This is an important driver especially for the countries soon bordering the EU such as Russia, Ukraine, Moldova and Belarus.

This is less of a driver for the MED region although the Mediterranean sea is a key shared natural resource.

Political commitment to change from centrally led economy and governance towards EU values and systems

This is a clear driver for much of the region.

This is currently not a clear driver for the region. The countries come from a different historical background.

Trade incentives

This is a clear driver for the region.

For the MED region, this is possibly the most important driver.

The New Wider initiative gives momentum to existing cooperation structure

re-activated cooperation within the framework of the Partnership and Cooperation Agreements

This creates a new political driver for the Euro-Mediterranean Partnership as the conclusions of the recent Conference of Ministers of Foreign Affairs, mention regulatory and legislative approximation as an aim.


41

5.2 PRIORITY DIRECTIVES FOR THE REGION

As shown in Section 3, there are many EU directives which could provide useful procedures, mechanisms and benchmarks to improve the environmental policy instruments of the MED region. Although it is possible to develop a preliminary list of priority directives (presented below), ultimately priorities should be defined based on each country’s specific priorities which may vary from country to country. Individual convergence strategies should eventually be developed for countries interested in the process. Specific convergence strategies could also be used as a framework at a sub-regional level. This would be in line with the Naples presidency conclusions, which support integration at a sub-regional level. A good example quoted by the conclusions would be an initiative targeted at the three central Maghreb countries, which could constitute a ‘pilot experiment’ aimed at being extended to other partner countries. In addition, these priorities must be weighted against the EU own interests. It is likely that the EU and MED countries priorities will coincide. However, EU assistance will tend to focus on environmental impacts associated to cross-border and trade issues. In order to reach a balanced agreement, the final selection of priority directives should be based on a close dialogue between the EU and the MED countries, which would take place at a multilateral level within the Barcelona process, but also at a bilateral level through the development of Action Plans under the New Wider Europe initiative. However, it should be kept in mind that convergence will never be successful unless there is a strong political support at the highest national level and the areas chosen should correspond with national priorities. The table below presents the directives which provide particularly useful concepts, principles and approaches to remedy the problems in environmental management in the MED region, based on the analysis in this report. We have divided the list into first and second priorities, and also included some of the non-directive based documents that can provide useful examples for development of policies and strategies.


42

Box 5.1 Priority convergence directives for the Mediterranean Region

5.3 RECOMMENDATIONS ON LEGAL, INSTITUTIONAL AND COST ISSUES

5.3.1 Legal

Where countries decide to undertake convergence, the first key step of any such exercise will be a legislative gap analysis, i.e. a comparative analysis of each MED country’s legislation with the EU environmental provisions as selected under the convergence strategy. The legislative gap analysis should be based on Tables of Convergence similar to the Tables of Concordance developed under the approximation process for the accession countries, but clearly distinguishing between different categories of EU obligations: • Obligations considered to be the main principles and features of the

directive, and harmonisation of these EU requirements should be considered as a priority;

• Obligations which are also of relevance, but are not the main principles and features of the directive. Often these obligations give further detail or information on the main principles and features; and

• Obligations which are alternative mechanisms for harmonisation of the obligations above. Clearly a decision will have to be taken at an early stage as to which option for harmonisation is best suited to the specific country situation.

First Priority Directives • Waste Framework Directive (75/442/EEC as amended by 91/156/EEC) • Hazardous Waste Directive (91/698/EEC) • EIA Directive (85/337/EEC as amended by 97/11/EC) • SEA Directive (2001/42/EC) • Habitat Directive (92/43/EC) and Birds Directive (79/409/EEC) • Water Framework Directive, but only economic aspects (90/2000/EC) • Directives related to environmental standards including those related to transport

emissions (70/20/EEC; 98/69/EC; 98/70/EC (as amended by Directive 2003/17/EC), water quality (such as contained in the dangerous substances directives 76/464/EEC and its daughter directives) and air quality (96/62/EC and its daughter directives 1999/30/EC and 2000/69/EC)

• Directive on Pesticides (91/414/EC) and rules on Maximum Residue Limits • Directive on Public Access to Environmental Information (2003/4/EC) Second Priority Directives • Water Framework Directive (90/2000/EC) • IPPC Directive (96/61/EC) and Seveso Directive (96/82/EC) Non-Directive based Documents • Recommendation on Environmental Inspection (2001/331/EC) • Communication on Integrated Coastal Zone Management (COM/00/547 of 17.09.2000) and

Recommendation concerning the implementation of ICZM in Europe (30 May 2002) • Elements of the Communication of 14 July 1999 on Fisheries Management and Nature

Conservation in the Marine Environment, COM (99) 363 final • European Community Biodiversity Action Plans, COM 2001 (162)


43

Therefore, the Tables of Convergence will identify which obligations and to what extent the EU requirements are to be converged. For example, for the MED countries, if a number of directives are to be selected as providing good benchmarks for environmental standards setting, only provisions related to standards will be considered and not the whole directive. Where the NIS countries study identified only directives as priority documents for convergence, the present report mentions some policy / strategic documents e.g. biodiversity action plans that should be considered in the context of convergence. In such cases, apart from benchmarks provided by these documents, policy and strategy development would benefit from looking at how Member States implement these policies in practice, including through national legislation. Finally, translation into Arabic appears to be a key problem in legislative and regulatory convergence with the EU. Experience suggests that as Arabic is not as precise as European languages, extensive interpretation and transcription work would be necessary, especially for dissemination purposes (1) .

5.3.2 Institutions

The NIS study provided some good indication as to which institutional issues should be taken into account when considering convergence, namely: • Administrative restructuring; • Co-ordination mechanisms; • Training; and • Additional resources. New regulations will require administrative restructuring based on an analysis of functions and responsibilities, as EU legislation only lists the responsibilities for the designated competent authority without specifying how it should be structured. Co-ordination mechanisms will need to be developed, especially as in all MED countries, division of responsibilities between ministries is a key issue. These mechanisms should not only be established for convergence with specific directives e.g. the nature conservation directives, but also between environmental authorities and other government bodies, in order to ensure integration of environmental concerns within other policies e.g. agriculture, fisheries, tourism. Especially the latter may prove to be a real challenge. Training on new concepts and requirements, new administrative structures and procedures will be required and should be complemented by guidelines on practical implementation of the new regulations.

(1) Euromed Special Feature, Issue No. 34, 18 December 2002. Interview with Marcello Mori and Catherine Colomb-Nancy in charge of Support Programmes for the Implementation of Association Agreements.


44

Additional staff and updated equipment will be required. This is especially true with regard to local and regional environment offices, which have very limited capacity in all MED countries, with the exception of Israel. Conversely, resources for monitoring and inspection are generally very scarce throughout the region. True integration of environment into other sectors will require such training, staff, equipment, structures and procedures for many institutions.

5.3.3 Cost

The MED region would face major financial challenges when converging national environmental law in the direction of EU legislation. In general, legislation which gives the greatest benefit compared to the cost of implementation should be given a higher priority than legislation with lower cost/benefit ratios. In addition, full implementation is not necessary to obtain many of the benefits. It is more important to pay attention to the percentage of objectives met in relation to the percentage of investment. In other words, if a US$ 20 investment allows for an improvement of 80% but an improvement of 90% involves an additional investment of US$ 100, these US$100 may be better spent elsewhere in the environmental sector. Overall, it is difficult to set a price on convergence, as the MED countries can choose to implement only a part of the acquis or certain directive, using the most cost-effective way of reaching the greatest environmental benefits. In this respect, the convergence effort in the MED region will be very different from the approximation process in the accession countries (which were obliged to fully align their legislation with the acquis). As high levels of investments in environmental protection will be required for convergence, the use of economic instruments to reduce costs is an important option. Moreover, sophisticated economic tools like regulatory taxes and tradable permits may help to identify the most cost-effective solutions to environmental problems. Here, the MED region may want to differ from EU approaches which are stricter and leave less room for the use of economic instruments. Application of such instruments would not only save costs, but also would help authorities and industries to set priorities in environmental protection expenditures, as the most cost-effective options will be implemented first.

5.4 RECOMMENDATIONS FOR FURTHER WORK

This section provides a number of suggestions for further future work in the area of convergence of environmental legislation towards EU directives and


45

policies which could possibly be taken forward by DG Environment in co-operation with partners. 1. A first area of activities would relate to more detailed research in terms of

the directives and policy documents identified as priorities. This report so far only addresses general observations. The development of, for example, annexes to this report, as was done with the NIS convergence report for a number of directives, would be very helpful. This would entail identifying: • what are the particularly useful benchmarks within each directive; • what are the useful benchmarks provided by some of the selected

priority policy documents; and, • what are the related potential bottlenecks for implementation.

2. A second area of follow up work would be to carry out more country specific research to deepen the current report. The annexes to this report provide a good overview of the national situations in terms of legislation, institutions and environmental problems but has been based on desk research. To get a better understanding of the political support, readiness, institutional capability and priority areas to undertake convergence work in some of the countries, more in-depth research would be required. In addition, it would help identifying opportunities for potential sub-regional initiatives in the context of convergence. Also, this report would greatly benefit from inputs from policy-makers and institutions from the region (see also below under 4). This could be realised by carrying out structured telephone interviews, followed up by visits to some of the countries where the circumstances seem particular beneficial for work on convergence.

3. As noted before, the EC is currently in the process of developing its own

priorities for enhanced co-operation with the MED region. This report, commissioned by DG Environment, is only one of the ongoing initiatives which address EU-Mediterranean co-operation in the field of environment. It would be good to map all the current initiatives and developments and to identify who is doing what within the Commission in this context and to better define what the specific focus of DG Environment should be.

If the Commission is interested in moving work on convergence further it would also be key to see how it relates to other ongoing initiatives, both within and outside the Commission. A series of meetings could be organised to present this preliminary report and to solicit input from other international stakeholders. These meetings could include:

• An internal Commission meeting bringing together all DGs working on environmental co-operation with the Mediterranean;

• A meeting with various international stakeholders such as METAP, MAP, IUCN and some bilateral donors to gauge the interest for convergence and possibly to identify where donor funding for (pilot)activities could come from.


46

In addition, exploring the possibilities for including references to convergence in the Action Plans which are currently under development in the framework of the Wider Europe Initiative, would be another key area of recommended follow up. The Action Plans will be developed in cooperation with the countries on a bilateral basis. At present, plans will probably developed for Morocco, Tunesia and Jordan, as well as perhaps with Israel, Egypt and West Bank and Gaza. For the other countries, Plans are likely to follow later.

4. A fourth suggestion would be to start a dialogue with the region’s

governments (especially with the environmental authorities) on the issue of convergence. A first step in this direction could be the organisation of a meeting to present and discuss this preliminary report, either organised by DG Environment or within the framework of other planned meetings in the context MAP or METAP. Another forum for discussion would be the new Euro-Mediterranean Parliamentary Assembly, which is to be included in a consultative capacity in the framework of the Barcelona process, as agreed by the Naples Conference of Ministers. And also the Euro-Mediterranean Civil Forum, in particular the non-governmental platform set up under the Forum in February 2003.

CONTENTS

1 INTRODUCTION 1

1.1 OBJECTIVES OF THIS REPORT 1 1.2 REPORT SCOPE AND METHODOLOGY 2 1.3 REPORT STRUCTURE 3

2 THE CONTEXT FOR REFORM 4

2.1 EXISTING ENVIRONMENTAL INITIATIVES IN THE REGION 4 2.2 KEY ENVIRONMENTAL ISSUES FOR THE REGION 12 2.3 ENVIRONMENTAL LEGISLATION AND CHALLENGES 14 2.4 INSTITUTIONAL STRUCTURES AND CHALLENGES 16

3 CONVERGENCE OPPORTUNITIES 19

3.1 PRIORITY DIRECTIVES IDENTIFIED FOR THE NIS REGION 19 3.2 RELEVANCE OF THE CONCLUSIONS OF THE NIS STUDY TO THE MED REGION 22 3.3 OTHER POSSIBLE PRIORITY DIRECTIVES FOR THE MED REGION 27

4 POTENTIAL CHALLENGES AND OBSTACLES TO CONVERGENCE 33

4.1 SPECIFICITY OF THE MED COUNTRIES 33 4.2 EXISTING ENVIRONMENTAL GOVERNANCE IS GENERALLY WEAK 34 4.3 POTENTIAL LEGAL OBSTACLES 35 4.4 PATTERNS AND STRUCTURES OF PUBLIC PARTICIPATION DIFFER FROM THE WEST36 4.5 AVAILABLE FUNDING FOR ENVIRONMENT IS LIMITED 36 4.6 POLITICAL SUPPORT FOR CONVERGENCE MAY BE LIMITED 37

5 CONCLUSIONS AND RECOMMENDATIONS 39

5.1 DRIVERS FOR CONVERGENCE 39 5.2 PRIORITY DIRECTIVES FOR THE REGION 41 5.3 RECOMMENDATIONS ON LEGAL, INSTITUTIONAL AND COST ISSUES 42 5.4 RECOMMENDATIONS FOR FURTHER WORK 44


1

Table 2.1 Key environmental problems in the MED region

Country Air Water Waste Marine/coastal Forests and biodiversity

Land quality

Algeria Air pollution is a significant issue in Algeria and is compounded by the lack of any enforceable legislation.

Water resources are very limited and by 2025 it is predicted that Algeria will be facing severe water shortages. Water pollution is also an issue causing concern.

Rapid urbanisation and a lack of sufficient infrastructure has led to problems with accumulating waste and pollution due to insufficient treatment. Solid waste management has been identified as a national priority.

Coastal areas in Algeria are under constant pressure as a result of 43% of the population and most of the country’s economic activities being located less than 50km from the coast. This has led to significant environmental pollution issues.

Forests cover 47,634km2

in Algeria (2% of total area) and have been included in the designated protected areas of the country. Slow but steady deforestation continues to be of great concern and desertification continues to threaten more than 8 million hectares of rangeland, and cause a loss of biodiversity which is difficult to estimate.

Approximately two thirds of the usable land area (approx. 12 million hectares) has become subject to various forms of land degradation, including water erosion predominantly in the North, wind erosion in the South and salinity in the West.

Egypt Air pollution is one of Egypt’s most serious environmental problems, especially in industrial zones. Industrial sources of pollution include the metallurgical and chemical sectors and the cement industries. Traffic is also a major contributor to air pollution especially in cities.

Water access and quality are major issues in Egypt, as are access to wastewater services and adequate wastewater treatment. Industrial and municipal effluents, together with agricultural run-off, are often discharged directly into surface waters (the Nile is particularly polluted) and may leach into groundwaters. This has an adverse effect on aquatic and human health.

Waste is perhaps Egypt’s top environmental problem, with approximately 60 million tons of municipal and industrial solid waste produced annually. Collection rates in urban areas vary between 40% and 70% and there is a shortage of disposal facilities for municipal solid waste.

Coastal zone degradation is a key environmental issue in Egypt due to a number of factors, including rapid urbanisation of the coast; fresh and marine water pollution; hazards to under-water life; over-fishing; and shore erosion and flooding.

Oil pollution damages coastal resources (coral reefs, mangroves, fisheries, birds, beaches etc.) both along the Red Sea and the Mediterranean.

Over one million hectares of irrigated land suffer from salinisation. Desertification is also an issue in Egypt caused as a result of rapid urbanisation and agricultural practices.


Land quality

Israel Air pollution from both industrial and transport sources is a severe problem in Israel, especially in its major cities. Pollution from vehicles is exacerbated by the widespread use of diesel fuel.

Water availability and quality are serious issues for Israel. Water sources are expected to continue to decline, and it is estimated that more than half of Israel’s drinking water wells are polluted. Pollution of rivers and streams is also a problem.

Waste was declared Israel’s top environmental problem in 2000, despite the country’s relatively well developed waste legislation. Over 90% of waste is sent to landfill, putting pressure on scarce land resources.

Israel is active in marine pollution prevention for the Mediterranean coast and Gulf of Eilat/Aqaba. It has prevention, abatement, law enforcement, scientific research and monitoring activities. Israel has established the legal basis for the prevention of seawater pollution by oil ordinance 1980, prevention of sea pollution 1983, and maintenance of cleanliness law 1984.

Israel has a good biodiversity due to its geographical location, which lead to a difference in climatological conditions that change from the North to the South, where the north is characterized as a Mediterranean climatic region, and the south as desert.

Israel’s high population growth caused a doubling in the built up area, which has led to a stress on the current resources of land. Land has been categorised depending on vulnerability (based on features such as landscape, nature, flora and fauna, and continuity whether the area is able to support ecosystems).


Land quality

Jordan Air pollution is increasing in Jordan, especially in Amman. Traffic is a major cause but industry and high dust levels also contribute. Jordan lacks an effective ambient air quality monitoring and assessment network and national air pollution control and abatement procedures.

The scarcity of water resources in Jordan is exacerbated by the country’s rapidly increasing population. Water quality is also a problem, caused by over-abstraction leading to salinisation, and pollution from other sources such as municipal and industrial effluent, and run-off from solid waste and from irrigation systems.

Jordan suffers from a lack of capacity in its existing landfill sites, which also tend to be environmentally unsound in terms of their design and operation. The impact of these sites on groundwater, air quality and other environmental media raises serious public health concerns.

The Gulf of Aqaba is a marine environment enclosed by arid lands that experience extremes of temperature and exceedingly low levels of precipitation. These conditions have led to the evolution of unique, and hence internationally important, coral reef and marine ecosystem. Coastal zone degradation is a pressing environmental issue introduced by industrial and associated transport activities, which result in air, soil and marine pollution. This is compounded by rapid urbanisation. The most pressing issue related to port activities is the dust emissions from the existing bulk cargo, specifically phosphate, export operation.

Biodiversity is under threat from a range of human activities including urban and agricultural expansion and associated over-grazing and land clearing. Deforestation from fires is also a problem.

Soil erosion due to deforestation, overgrazing and other unsustainable agricultural practices has led to reduced land productivity and the silting up of reservoirs. Land salinity is also found in irrigated areas, especially along the southern bank of the Zarqa River.

Lebanon Air pollution from traffic is a severe problem in Lebanon’s major cities. This is due to a range of factors including high levels of car ownership, poor condition of vehicles in general, the continued use of leaded petrol and a lack of regular emissions inspections.

Poor irrigation networks and techniques (including over-irrigation) have a damaging effect on Lebanon’s water resources and groundwater quality (high salinity is a problem in some areas, e.g. the Beqaa plain). There is also no legislation to protect against water pollution.

Lebanon has an increasing number of abandoned quarries, due to the demand for construction materials from the country’s reconstruction program. These are often used as waste dumps, and can cause pollution (e.g. of groundwater) if leakage or run-off occurs.

Pollution from industries located close to the coast line is a serious issue in Lebanon and the lack of control or water protection against pollution compounds this problem.

Lebanon’s biodiversity has been adversely affected by land degradation problems (see next). Deforestation is also a problem, with over 1,300 ha of woodland lost every year due to fire, logging and urban sprawl.

A naturally fragile environment coupled with unsustainable agricultural practices (e.g. overgrazing) and quarrying have led to widespread land degradation, damaging vegetative cover and resulting in high levels of soil erosion (with 65% of lands seriously affected).


Land quality

Morocco Urban air pollution is a major issue and in major cities such as Casablanca, Mohammadia, Rabat and Safi, it is estimated that the number of premature deaths caused by air pollution is 2,300 persons annually.

As in many neighbouring countries, issues of water quality and quantity are significant challenges for Morocco. Scarce water resources are further depleted by the country’s growing population, urbanisation, sedimentation of reservoirs, and inefficient irrigation use by agriculture. Rural areas suffer from inadequate access to sanitation.

The absence of appropriate treatment and the lack of artificial membranes in open dumps creates groundwater pollution due to the leachate.

Marine pollution from ships (oil pollution) is a serious problem in Morocco. There are also problems related to unbalanced development of inland and coast and a lack of integrated management leading to the pollution of coastal waters.

Loss of biodiversity is caused by habitat change and destruction (e.g. by deforestation); urbanisation; desertification; and impacts of development on coastal resources.

Morocco suffers increasing land degradation and desertification, due to climatic variation; soil erosion resulting from unsustainable farming practices; overgrazing; and deforestation.


Land quality

Palestinian Authority It should be noted that many of Palestine’s environmental problems stem from the conflict situation and do not necessarily reflect a need for improved legislation.

Air pollution is an increasing problem. Main sources include road transport, light industry using fuels such as tyres and motor oil, particulates from quarrying, and solid waste incineration. A lack of air monitoring stations means that the scale of the problem is not clear to planners, decision-makers and the public.

Water availability is a major problem for Palestine, which has regular access to groundwater sources only. Water quality in the West Bank is generally considered acceptable, but is much poorer in the Gaza Strip where water has high salinity and nitrate content. This may be due to unregulated disposal of solid and liquid wastes from domestic, industrial and agricultural sources, in addition to seawater intrusion. Unregulated discharge of untreated wastewater is also a major health hazard and source of pollution.

Unregulated disposal of solid waste is a key problem. Domestic, industrial and medical wastes are often dumped near cities and villages in the West Bank and Gaza, burned, or disposed of to unregulated or inadequate landfills. This causes air and water pollution, leading to health hazards. In addition to conventional wastes, the West Bank suffers large quantities of construction and military debris due to the conflict.

Coastal/marine degradation is an issue to consider in Gaza (the only Palestinian shoreline). General causes of degradation include: Large population, limited space, poor infrastructure, and intense pressure on the natural resource base. Direct effects include: disturbance of marine and coastal ecology through intense fishing pressure (this is aggravated by Israeli security measures limiting the sea area available to Palestinian fishing boats to within 12 miles of the shore, result in intensified over fishing of near-shore marine environments); impacts of liquid and solid waste; depletion of sand resources through extraction for building purposes; erosion caused by coastal infrastructure construction.

Biodiversity in the Palestinian areas has deteriorated due to a number of socio-economic and political factors. Most of these are linked to the conflict situation.

Palestine’s land quality problems are increasing. Problems include land degradation, desertification, and soil erosion. Causes of these problems include: rapid population growth, climatic variation, overgrazing, and clearings for the establishment of Israeli settlements and bypass roads & for security purposes.


Land quality

Syria Increasing traffic in major cities is creating a serious air pollution problem in Syria’s urban areas. This problem is compounded by the country’s lack of enforced emissions standards.

Water availability and quality are both important issues in Syria, which is increasingly drawing on its scarce water resources and lacks effective legislation and capacity to control discharges into water bodies from both point and diffuse sources.

No laws for solid waste management and no national policy or solid waste management strategy has been developed. This has led to problems of pollution from poorly located and managed sites. Particular problems exist for the management of healthcare waste and a lack of hazardous waste repositories.

The rapid urban and industrial development, and absence of pollution abatement and treatment facilities resulted in: uncontrolled ribbon development along the shoreline; sprawl of uncontrolled low-density housing development; high pollution of the coastal and marine environment; chemical pollution and bacteriological contamination from freshwater sources due to the uncontrolled disposal of untreated urban solid and liquid waste, waste from villages and farms, agricultural practices, industry and transports; and destruction of wetlands and dunes (due to sand extraction).

Syria has very little protection for biodiversity and pressures are experienced from all sides including uncontrolled urban development, agricultural practices etc

Mismanagement of farming and urban expansion, together with the naturally dry climate, mean that land degradation and deforestation threaten Syria’s cultivable land resources.

Tunisia The ambient air quality situation in Tunisia is by no means alarming. The various forms of atmospheric pollution noted so far are still below dangerous levels, and for the most part are linked to urban and industrial human activity, and, to a lesser extent, to farming

Water availability is a serious problem for Tunisia, which is being addressed through water master plans and strategies. The country is also combating water pollution (groundwater salinity, due to over-use and seawater intrusion, is high compared to surface water) as a means of preserving water resources.

Municipal and industrial waste treatment and disposal is serious, with existing discharge sites badly controlled and managed. By 2001, Tunisia had launched a programme to create controlled waste sites, with 25 landfills planned.

Urbanisation is the main issue affecting Tunisia’s coastal areas, especially in the east. Tourism has been a major driver of urbanisation, and brings associated environmental pressures, the most significant being wastewater disposal.

Tunisia’s forest resources have been impoverished by clearances, fire and prolonged droughts following by over-grazing. The country’s biodiversity is similarly under threat and there is a lack of mechanisms for control, monitoring and evaluation of the use of natural resources.

Soil degradation caused by water and wind erosion and salinisation is a severe problem. Deterioration of land quality can often be linked to human activity e.g. slope cultivation, over-grazing and other types of inappropriate usage. Almost the entire country is threatened with desertification (excepting the Northern Tell region).


1

Table 2.2 Institutional issues

Country History/context Institutional structures Financial resources Human resources Enforcement Algeria The institutional set up in

Algeria is currently going through a state of change In 1995, the Directorate General for the Environment (DGE) was created along with the creation of Inspectors of the Environment for each Wilaya in the country. In 2000 the Ministry of Regional Planning and Environment was established and extensive legislative and institutional reform has been proposed including a new structure for the ministry

The Directorate General for the Environment (now under the Ministry of Regional Planning and Environment) has primary responsibility for environmental protection in Algeria. However, other ministries also have delegated responsibilities including: • Ministry of Fishing

Resources; • The Ministry of Housing

and Urban Affairs; • The Ministry of

Agriculture and Rural Development;

• The General Directorate for Forests, (DGF); and

• The Ministry of Energy and Mining

There are limited resources available with investment made for environmental management decreasing from 1.18% GDP during the 1980’s to less than 0.84% GDP in the 1990’s. This has been as a result of the economic crisis that has been affecting the country during this same time period.

No information available. There is poor enforcement of legislation in Algeria as a result of little monitoring being implemented. This has led to a disregard of efforts that have been made.

Country History/context Institutional structures Financial resources Human resources Enforcement Egypt Egypt’s environmental

legislation and institutions are relatively young, having been mostly developed in the 1990s. However, the policy framework is focused on establishing a participatory and demand-driven environmental planning process, strengthening partnerships at the national level and supporting the use of integrated environmental management systems and market-based tools.

The Ministry of State for Environmental Affairs has primary responsibility for environmental protection in Egypt. Its executive arm is the Egyptian Environmental Affairs Agency, restructured in 1994. It is responsible, inter alia, for preparing national plans for environmental protection; draft environmental laws, norms and standards; reviewing EIAs and supervising the Environmental Protection and Development Fund. The goal of the Fund, which completed its pilot year in 2000/2001, is to stimulate investment in the environmental sector. In addition to these bodies, other ministries have some responsibility for environment e.g. the Ministry of Water Resources and Irrigation controls and manages all fresh water resources. There are also a number of environmental research institutes.

The Environmental Protection Fund (EPF) was established under Law 4/1994 for the Environment with the aim of mobilizing investments in the environmental sector. The financial resources of the EPF include revenues from the national protectorates entrance fees, and fines on environmental violations In the next five years the Egyptian government aims to spend $2.4 billion on environmental equipment, capacity building and technical assistance.

No detailed information was available on staffing levels in Egypt’s environmental institutions, but there appears to be a shortage of qualified environmental professionals available to fill posts in this area.

No information was available on levels of enforcement and compliance in environmental protection in Egypt.

Country History/context Institutional structures Financial resources Human resources Enforcement Israel Has well-established

institutions and legislation dating back to 1940. Administration of environmental legislation has become much more efficient since the establishment of the Ministry of Environment in 1973. The new Minister of Environment is committed to pollution prevention rather than end-of-pipe solutions. However, fragmentation of authority and lack of communication between different ministries is still a problem, as is enforcement. Furthermore, the conflict situation hinders the development and enforcement of effective legislation.

Primary responsibility for environmental protection lies with Israel’s MoE. MoE operates at national, regional and local level. MoE is responsible for developing a national environmental policy and has full or partial authority for 24 laws and 56 regulations. However, a range of other ministries also has some responsibility for environment, e.g. the Ministries of Health, Finance, Agriculture, National Infrastructures and the Interior all have responsibility for different aspects of water management. In total, some 14 ministries have responsibility for different aspects of environmental protection.

In 2002, MoE’s budget was about USD 50m, which is judged to be inadequate for the challenges Israel faces. However, the Ministry has recently had a budget cut and suffers from a budget deficit, which is restricting its work, including enforcement activities. Priorities for environmental protection are air; industrial waste and other wastes such as agricultural organic wastes and domestic wastes, recycling programs, hazardous waste and municipal solid waste.

MoE has six regional offices and 39 municipal environmental units, which advise more than 120 local authorities. In 2002, it had over 500 employees. The calibre of staff is likely to be quite high due to the body of experience built up in Israel over several decades.

Poor enforcement of environmental legislation is quite a big problem in Israel, with a lack of deterrence measures identified as a shortcoming. Measures are being taken to increase penalties for non-compliance, and to introduce voluntary enforcement procedures such as ISO 14001 certification, but more work is needed in this area.

Country History/context Institutional structures Financial resources Human resources Enforcement Jordan Environmental protection

institutions and practices have evolved since the 1940s in Jordan, but remain somewhat immature. A number of NGOs were set up in the 1980s and 1990s, but within government responsibility for environmental protection remained dispersed across different government bodies. In 1995, a single body – the General Corporation for Environmental Protection – was set up, but its operations were hindered by bureaucracy, its lack of expertise and lack of real powers. In 2003, the MoE was established, coinciding with the creation of the Aqaba Special Economic Zone, an investment plan with a focus on developing Jordan’s natural environment, thereby putting great economic value on natural resources.

Environmental management is split between a number of institutions and organisations. The MoE is the official body for environmental protection, but works alongside the Ministries of Water and Irrigation, Agriculture, Industry and Trade, Energy and Mineral Resources and the Ministry of Planning. In addition, there are bodies such as the Jordan Valley Authority, Petra Regional Authority and a number of NGOs. The institutional set up is poorly co-ordinated, with duplication of functions and responsibilities among environmental public departments, bureaucracy and a weak political drive for enforcement.

In the 2003 budget, the ministry was allocated JD850,000 which doesn’t cover the environmental need or challenges that are facing country.

It is not clear whether staffing levels within the MoE and other environmental units are a problem, but there is a definite lack of capacity among staff to carry out their duties. There is a poor grasp of environmental concepts and generally low levels of awareness of environmental issues within government.

Enforcement levels in Jordan are generally quite low, due to poor monitoring and assessment of environmental indicators; weak monitoring of industries; lack of knowledge within industry regarding technology and cleaner techniques to facilitate compliance; and lack of an efficient environmental database system.

Country History/context Institutional structures Financial resources Human resources Enforcement Lebanon The civil war (1975-1991)

caused great damage to natural resources and had enormous impacts on Lebanon’s social, economic and political structures, severely undermining government services, including environmental protection. However, since the war the government has attempted to strengthen environmental protection in the country.

The two main institutions for environmental protection in Lebanon are the MoE, set up in 1993, and the Council for Development and Reconstruction (CDR). More than half a dozen other institutions also have environmental responsibilities. Among MoE’s long-term objectives are the preparation of a legislative framework for environmental protection, public awareness raising and the application of EIA (MoE has an EIA unit). The CDR is responsible for restoring basic infrastructure services and attracting financing for this.

Financial resources for environmental protection are limited. The current budgets of MoE and CDR are not known, but in 1999 the MoE had 0.03% of the total government budget to spend on environmental activities. On the other hand, more than 14% of CDR’s reconstruction programme Horizon 2000 (total budget USD 20bn over 10 years) is committed to environmental infrastructure – e.g. water treatment and supply, solid waste management, etc.

Lack of qualified staff is a problem throughout environmental institutions in Lebanon, meaning that MoE and its line agencies with environmental responsibilities are often under-staffed. The same applies to national research institutes, although those employees they do have are generally well qualified. The lack of human resources in environmental protection can be attributed to low salaries in this sector, as well as to Lebanon’s turbulent history, resulting in a lack of continuity and stability.

Poor enforcement remains a major weakness of the environmental protection system in Lebanon. This results from inconsistencies in legal and regulatory texts, as well as from institutional weaknesses and inappropriate allocation of responsibilities (e.g. most enforcement powers lie with the Ministry of the Interior).

Morocco Morocco has been developing its environmental institutions since the 1970s/1980s. Besides the environment ministry, there are a number of dedicated environmental departments within other ministries in environmentally relevant areas. However, linkages between these and the environment ministry are often weak. At the local level, municipalities have responsibility for a number of environmental management and planning issues including waste management and transportation. However, there is no direct institutional link to the environment ministry.

The main institution with responsibility for environmental protection is the Ministry for National and Regional Development, Town Planning, Housing and Environment. Some half-dozen other ministries also have dedicated environmental units which take forward the implementation of sectoral environmental projects. However, co-ordination between these units and the environment ministry is not always effective.

No information was found on overall financial resources available for environmental protection, but evidence suggest these are likely to be limited. For example, solid waste management infrastructure is rarely financed through central government allocation and cost recovery for SWM services has been undertaken at the local level through a 10 percent tax on the rental value of housing units. Tax revenue is supposed to support all municipal services, but tax collection is only about 50 percent.

No information was found on staffing levels in Morocco’s environmental institutions, but the calibre of personnel is unlikely to be very high in view of other institutional weaknesses in this area.

No information was found on enforcement levels in Morocco, although again this is likely to be an area of weakness in view of other institutional weaknesses in this area.

Country History/context Institutional structures Financial resources Human resources Enforcement Palestinian Authority

The complex political situation means the PA’s environmental structures are quite young. Under the terms of the Oslo I (1994) and Oslo II (1995) Accords Palestinians and Israelis agreed, among others, on specified geographical areas for which administrative authority was transferred to the Palestinian Authority. On the basis of these agreements, a Palestinian ministry responsible for environmental issues (now the Environmental Quality Authority) was established. Since 1995, Environmental responsibilities have passed to the PA, involving various different ministries and agencies. Since 2002, however, primary responsibility has lain with the Environmental Quality Authority. The conflict situation has made it difficult for the EQA to gain strength and implement environmental legislation effectively.

Primary responsibility for environmental protection lies with the Environmental Quality Authority, established in 2002. The EQA is the successor to a series of institutions responsible for environmental protection. These institutions include: The Palestinian Environmental Authority (PEA), established in 1996, straight after the Oslo accords & the Ministry of Environmental Affairs, established in 1998. For this reason, the EQA suffers from a historic lack of continuity and co-ordination of responsibilities. No clear organisational structure is available and there is a lack of clear written mandates and distribution of responsibilities in the environmental sector. The situation is further complicated by NGOs and universities operating in the environmental sector without proper co-ordination.

No information was available on the EQA’s budget or on funds allocated by the PA to environmental protection. Palestine receives considerable funding from donor agencies for infrastructure and environmental projects although much of this has been suspended since September 2000.

It is not clear how many people work for the EQA, but the calibre of any staff is likely to be low due to the general lack of continuity and consolidation of experience caused by the conflict situation.

The conflict situation makes it difficult for the EQA (as for the PA more broadly) to enforce legislation and maintain control over land and resources. The EQA is further undermined by Israel’s deliberate moves to confiscate land and construct new settlements, industrial zones and quarries. In addition, monitoring systems in Palestine are generally quite weak.

Country History/context Institutional structures Financial resources Human resources Enforcement Syria Environmental legislation is

still in its infancy in Syria, despite the fact that it was the first Arab country to establish a ministry for environment (set up in 1991). Before 2002, Syria had no environmental legislation and its ministries suffer a general lack of experience and credibility in relation to environmental protection. This situation is exacerbated by limited financial resources.

In September 2003, a new Ministry of Environment was established, merging the preceding Ministry of State of Environmental Affairs with the Ministry of Local Administration (MLA). There is currently a drive to move towards local governance in Syria, which should give strength to the MoE as the 11 local Governorates are closely affiliated with the former MLA. However, this new structure and the role of different bodies are not yet clearly defined. Besides the MoE, the non-governmental Syrian Environmental Association was set up in 2001 and aims to work with the government to develop a national environmental protection strategy.

Until 2002, the MoE had no budget to implement environmental projects. However, environment has been given more prominence in the ninth 5-year Development Plan: the Ministry has been given an investment budget, which is now in the process of being allocated. This new level of responsibility will pose significant challenges as the Ministry first needs to establish its own role before it can use these funds effectively and appropriately.

It is not clear how many staff are employed in the MoE, but the human capacity is likely to be weak in view of the lack of political experience in this field.

Given that Syria had no environmental legislation until 2002, and that its MoE has only just been given a budget, enforcement has been a non-issue in Syria until now. It is likely to take some time before the MoE establishes itself in an effective enforcement role.

Country History/context Institutional structures Financial resources Human resources Enforcement Tunisia Many of Tunisia’s institutions

in the field of natural resource management (e.g. forests, water) date from before independence (1956) and fall under the Ministry of Agriculture. Since the late 1970s, a number of dedicated environmental institutions have been set up, as a result of greater awareness of environmental issues.

Set up in 1988, Tunisia’s National Environment Protection Agency filled an institutional gap with its mandate to analyse the state of the environment and combat pollution. The Ministry of Environment and Land Use Planning was set up in 1991 and works alongside NEPA to ensure the sustainable use of land. It is responsible for environmental policy and legislation. It is divided into six regional directorates based on the country’s natural characteristics: coastal, plateaux and plains, steppe and the Saharan desert.

During the 1990s the government has allocated significant funding to natural resources and environmental protection. Under the 9th Economic Development Plan, 518m dinar (346 Euros) were allocated to environmental protection (up from 187.9m dinar in the 8th Plan), 658m dinar to wildlife preservation and 1,838m dinar to water resources mobilisation and exploitation. As far as possible, Tunisia has sought to introduce economic instruments to penalise polluters and finance environmental protection measures.

It was not possible to obtain precise information about staffing levels in Tunisia’s environmental protection institutions, but its well-developed environmental governance structures suggest that it has high human capacity within its environmental institutions.

It was not possible to obtain information on levels of environmental enforcement in Tunisia, although these are likely to be higher than those in countries with weaker institutional structures in place.


1

Table 2.3 Legislative Issues

Country Framework laws and general comments

Air Water Waste IPPC/Other industrial pollution

EIA and public participation

Algeria Although Algeria’s law for general environmental protection (Law No 83-03) was set out in 1983, the country does not have a long history of effective environmental legislation. However, in the last few years this has begun to change. Algeria has created a number of environmental protection initiatives in the last couple of years including the National Environmental Action Plan.

Although air pollution is a significant problem in Algerian cities, there is very limited legislation related to air quality – this being Executive decree No 93-165 of July 10 1993, regulating the atmospheric transmissions of smokes, gases, dusts, odours and solid particles.

Water is Algeria’s most serious environmental issue and this is reflected in the relative abundance of legislation related to water management. There are currently 12 pieces of legislation covering all aspects of water management and protection.

Legislation related to waste management exists and addresses waste management, control and elimination and the strategic principles of integrated solid waste management. However, lack of monitoring and control has led to weak implementation of this legislation.

No information on legislation in this area was found.

The legal basis for EIA is established in Environmental Law 83-03 of February 5, 1983 and is implemented through a number of Decrees. Decree 90-78 of February 27, 1990 related to EIA; and Decree 87-91 of April 21, 1987 related to EIA in land use planning. Currently, however, there is no explicit provision for public participation, consideration of transboundary impacts or of global issues related to the project. Dissemination of information is also limited, reflected in the absence of the need to produce a non-technical summary report.




Egypt Although Egypt does not have an extensive history of environmental legislation, it has gained some momentum over the last decade. In 1994, Egypt passed Law No 4 for the Protection of the Environment, which established the Egyptian Environmental Affairs Agency. The preparation of Egypt’s NEAP, initiated in 1999, is currently entering its final phase. The primary aim of the NEAP is to help introduce a participatory and demand-driven environmental planning process.

Air quality is one of the principal issues addressed in the Law on Protection of the Environment (1994), in line with its status as a priority issue for Egypt and the long-term commitment to improving air quality laid out in the five-year action plan.

The two most important laws for water are the Law on Protection of the Environment (1994), that gives the EEAA enforcement authority for environmental pollution (with the exception of fresh water), and Law No 48 (1982) on Protection of the Nile River from Pollution. This is the main instrument for water quality management, and is supported by standards for surface and drainage water. Drinking water standards were adjusted in 1998 by the Ministry of Health and Population.

Waste management legislation does not seem to be particularly well developed. It is based mainly on the Law on Protection of the Environment (1994) and the Basel Convention, ratified by Egypt in 1993.

Industrial pollution is mainly governed by sector-specific legislation. There is no separate permitting process for industrial pollution other than for wastewater, which is handled by the Ministry of Irrigation and Water Resources. The EIA provisions of the Law on Protection of the Environment (1994) cover pollution control as well as the broader environmental impacts of proposed new projects.

The legal basis for EIA is established by the Law on Protection of the Environment (1994) and is implemented through its executive regulations, which came into full force in 1998. The number of projects subject to EIA are many and will place a heavy burden on administrative authorities and the EEAA. A flexible system for the management of EIA projects has therefore been developed to maximise efficiency. EIA for coastal tourism and large oil and gas developments is now reasonably well established, but are less widely undertaken in other sectors.




Israel Environmental legislation is well developed, meeting most environmental needs. Where possible, legislation is linked to international environmental agreements. However, there is a lack of overall national policy and enforcement is a key problem.

In recent years, Israel has become more aware of the need to reduce air pollution from all sources – transport, industry, energy production and quarrying. It has also focused on implementing the provisions of international conventions on ozone depletion and climate change. The Abatement of Nuisance Law 1961 is the principal legislative means of controlling air pollution. This is supported by regulations for ambient air quality standards (revised 1992), vehicle emissions and others.

Water legislation is well developed, water being one of Israel’s most limited resources. The Water Law of 1959 establishes the framework for the control and protection of Israel’s water resources. It covers water pollution prevention provisions, water rights, water conservation and reuse of treated wastewater. Additional laws address sewage systems, protection of streams and springs, and prevention of water pollution.

Legislation related to waste management is well developed. There are laws governing littering, dumping, incineration of plastics and hazardous waste disposal. There is also a law on solid waste recycling, which sets out the principles and framework for recycling at local level. MoE has also formulated a policy on integrated waste management which calls for reduction, reuse and recycling as well as waste-to-energy technology and landfilling.

Although there is no specific legislation related to IPPC, the MoE’s policy states that “environmental management will be based on a comprehensive and integrated approach which takes account of impacts on the totality of resources”.

The Planning and Building Regulations (Environmental Impact Statements), updated 2003, are expected to improve the operation of the EIA system and help incorporate environmental considerations in the earliest stages of the planning process. Public participation is limited to certain stages in the planning and building procedure and is thus not fully effective. However, there are a number of provisions for public involvement in environmental litigation, which are supported by a set of environmental policy guidelines (2000) designed to raise awareness of environmental issues and rights.




Jordan There is a growing awareness of the need for effective environmental legislation in Jordan, which faces many challenges in streamlining, filling gaps and bringing its legislation up to date, as well as in improving enforcement levels. It has made a start with the Law on Protection of the Environment (1995), which sets out the country’s environmental legislation and structures, and describes the MoE’s responsibilities. The situation is somewhat different within the Aqaba Special Economic Zone; Law No 32 (2000) confers a number of environmental protection responsibilities on the ASEZ Authority. Jordan also has a NEAP.

Legislation related to air quality in Jordan appears to be quite weak, with a Clean Air Draft Act (2000), issued in accordance with the Environmental Protection Law 12 (1995), setting out responsibilities for determining maximum allowable concentrations, etc. There are some provisions relating to vehicle and agricultural emissions but industrial emissions do not appear to be addressed at all.

The main legislation for water protection is a by-law issued under Environmental Protection Law No 12 (1995). This sets water quality objectives; determines standards for wastewater treatment plants and waste disposal sites; and addresses water savings opportunities in the industrial, agricultural and construction sector. In addition to the water protection law, the Ministry of Water and Irrigation prepared Jordan’s water strategy in 1997, aimed at maximising the effective use of the country’s water resources. It seeks, inter alia, to establish a national water database; to make full and sustainable use of groundwater resources; and to collect and treat wastewater for subsequent reuse.

There is no national policy or strategy for solid waste management. However, the NEAP has identified waste management as a national priority and has defined a wide range of actions to improve the situation. Environmental Protection Law 12 (1995) sets out basic provisions and two key laws relating to solid waste management and hazardous wastes are under procedure (i.e. not yet enforced).

It is not clear whether any legislation relating to industrial pollution exists, but it appears that this sector is regulated weakly if at all.

EIA is not yet well established in Jordan, which is still to make its draft EIA bylaw official. There are currently no provisions for public participation. This situation differs within ASEZ, however, where full EIA process requirements are in place, due to the regulations of the IFIs. EIAs within ASEZ have been carried out in accordance with IFI guidelines and as such, public participation has taken place.




Lebanon The National Code of the Environment is Lebanon’s first move towards defining the basis and norms for environmental protection and natural resources management. It covers institutional, technical and administrative aspects, including the establishment of an Environmental Fund to help NGOs in planning and implementing projects. There was a three year delay between developing the draft Code (1997) and its approval (2000), which critics say is due to lack of clarity in the text of the Code and overlap at the institutional level. Once the Code is approved to become a law, the MoE will need to issue some 20 decrees on matters ranging from air pollution to EIA procedures.

Decision 52/1 (1996) establishes national air quality standards and Law 341 aims to reduce air pollution from the transport sector through the implementation of a series of regulatory measures. In general, however, air quality legislation appears to be quite weak and even slightly perverse, with for example Decision 9 calling for a reduction in the number of public transport vehicles to about 27,000.

Decree 191/1 (1997) sets permissible standards for drinking water but otherwise legislation relating to the management and protection of water resources appears to be quite weak or non-existent.

Like air quality and water, waste management legislation in Lebanon appears to be weak or non-existent.

Although there is no specific legislation related to IPPC, Lebanon has a series of environmental guidelines for the establishment of different industries, many of which fall into the Annexes governed by IPPC (e.g. slaughterhouses). These guidelines arose out of a two-year programme initiated by the MoE in 1999 (in co-operation with EU LIFE and UNDP) to strengthen the permitting, monitoring and auditing system for industries through the preparation of the guidelines as well as of national environmental quality standards and a national compliance action plan.

MoE has been developing an EIA decree since 1997. The decree aims to harmonise different EIA systems based on various IFIs’ procedures. The decree is currently under review by the Council of State and it is hoped that it will be endorsed once Parliament ratifies either the proposed National Code of the Environment or a proposed law to reorganise the MoE.




Morocco In Morocco national environmental policy has been under development for just two decades. Many of its environmental laws are therefore still in draft form or yet to be prepared. Morocco is party to several international conventions, agreements and treaties concerned with environmental issues, although it has only ratified those relating to Environmental Modification and Law of the Sea. A new draft environmental framework law was adopted in June 2003.

A comprehensive new law on combating air pollution was adopted in 2003.

The existing legal framework is mainly governed by the Water Code, approved in 1995 by Law No. 10-95. This code includes several articles related to the protection and preservation of water resources, wastewater discharge, and the reuse of treated wastewater. Under the Water Law, basin agencies were created to evaluate, plan and manage water resources within their hydrographic catchments. They are also responsible for water quality monitoring and enforcement. Water quality standards are currently being developed.

Morocco has no national solid waste management (SWM) policy or strategy (as at 2002), although a draft SWM law has been under preparation since 2000 and was submitted recently to the government for review. A municipal institutional reform is being initiated under the recently approved municipal law (charte communale) that entered into force in July 2003. Under this law, the city council will manage all municipal services including SWM in towns comprising more than one municipality.


A comprehensive EIA law was adopted in 2003 which includes the requirement of public involvement. Although participation of elements of civil society in political decision-making is neither a historical tradition in the Moroccan political system, nor a major feature today, the policy of decentralisation initiated in the mid-1970s has broadened the scope of action open to civic initiatives and local, organised activities. However, awareness of environmental issues remains low in Morocco, among industry and the general public alike.




Palestinian Authority Political instability is a major challenge for environmental legislation in Palestine. The PA inherited a mix of legislation from previous systems which, in terms of environmental protection, was weak, piecemeal and sector-based. Further work is still needed to develop coherence in this area.

Environmental Law No 7 (1999) establishes the general legal framework for environmental protection. Its objectives are to protect the environment through pollution prevention; promotion of public health and welfare; preservation of biodiversity and raising public awareness of environmental issues. It also covers environmental planning and enforcement and incorporates the ‘polluter pays’ principle. However, it lacks many specifics, such as environmental quality standards, regulatory standards and economic measures. The Palestinian Authority has developed a ten-year environmental strategy for 2000-2010, and adopted a NEAP in 2000 to implement the strategy. There is also a National Biodiversity Strategy and Action Plan, and environmental considerations were included in the PA’s first five-year Palestinian Development Plan, 1999-2003.

Articles 19, 20, 22, 23 and 24 of Environmental Law No 7 cover air quality standards, industrial emissions, unlicensed waste incineration and ozone depletion.

The key legal instrument for water was Law No 18 (1996), which established the Palestinian Water Authority. This has now been replaced by Water Law No 3 (2002), which provides for the sustainable development of water resources and the protection of all water resources from pollution. In addition, water resources are covered by Articles 28, 29 and 30 of Environmental Law No 7, which address quality standards for drinking water; wastewater treatment; and effluent disposal.

Articles 7, 8, 9 and 10 in Environmental Law No 7 cover solid waste. These state, inter alia, that the EQA, in co-ordination with other competent bodies, should set a comprehensive plan for solid waste management at the national level, and should encourage the principles of reduction, reuse and recycling. Articles 11, 12 and 13 cover hazardous wastes.

There is no specific legislation related to IPPC, although Environmental Law No 7 governs industrial emissions to some extent.

Article 45 in Environmental Law No 7 sets out the legal framework for EIA. It is not clear what public participation provisions are made, although there are generic problems with a lack of transparency and accountability, and with public access to information.




Syria Environmental legislation is still in its infancy in Syria. The country had no environmental legislation before the publication of the Environmental Law in 2002 (Law 50), and executive regulations implementing this law are yet to be finalised (although the importance of producing them is recognised). This lack of executive regulations affects Syria’s ability to meet the requirements of the international environmental conventions it has ratified. Syria has adopted a NEAP, which aims to protect the health of the population and to manage scarce resources and cultural heritage sustainably.

There are currently no laws governing atmospheric emissions from industrial facilities, although the new Environmental Law makes provision for it and executive regulations are pending. There are also a number of guidance documents setting limits on industrial air emissions.

The main instrument for water quality management is the old (French) Water Law. Decree No 2145 (1971) and Law No 17 (1982) regulate water exploitation and water quality monitoring. The Ministry of Irrigation has responsibility for the protection of all freshwater resources, as well as conserving watersheds throughout the country. A large number of testing stations have been set up along the major waterways to monitor progress. Finally, the Legislative Decree No 30 on the Protection of Aquatic Life (1964) prohibits dumping of effluent in public waters. There are a number of laws governing water ownership and use, and a new water law is currently under review.

There are no laws for solid waste management and no national policy or solid waste management strategy. It is the responsibility of each Governorate to plan and implement regional solid waste management strategies, while the municipalities are responsible for all solid waste management activities. There is no specific legal framework for hazardous waste. Provisions are made within the Environmental Law (Law 50), but supporting executive regulations have not yet been developed.

There is currently no specific legislation for IPPC in Syria, although there are a number of guidance documents setting limits on industrial air emissions. However, these regulations are not effectively enforced and there is a lack of financial incentives to reduce emissions. Despite this, self-regulation has been taken up by a number of companies which have implemented ISO 14001 and other environmental tools. Syria has a national chemical strategy profile which aims to develop an integrated management system in this sector.

Despite the fact that legislation on EIA has only recently been published, Syria does have an established procedure for conducting an EIA. The MoE also has an EIA Unit. However, there is no provision for public participation in the current procedural practices, and most EIAs are usually undertaken at the behest of donor-assisted aid.




Tunisia Tunisia has a relatively long history of environmental legislation, dating from before independence in 1956. Tunisia has ratified over 50 international conventions and treaties and is particularly concerned with the MAP convention on combating desertification. Tunisia’s National Commission for Sustainable Development was established in 1993, to act as a co-ordinating body between different national development actors. A law establishing a National Environmental Agency was enacted in 1988 and sets out its responsibilities.

No data found. The Water Code (1975) provides a framework for water resources management and protection. It sets out general provisions on wastewater treatment and sanitation, which are further complemented by the 1985 decree, which deals with general conditions for discharges. There are also a number of laws governing fisheries and the protection of marine species.

In 1996, Tunisia passed a law on the management and disposal of wastes of all types, which filled a legislative gap. The law takes a preventative approach to waste management and is implemented through a series of decrees, e.g. on packaging waste.


The Law on the environmental agency stipulates the requirements for EIA according to procedures to be laid down in a decree. This decree was enacted in 1991. There are no provisions for public participation.

Annex D

Algeria

2

D1 INSTITUTIONAL AND LEGISLATIVE FRAMEWORK IN ALGERIA

D1.1 INTRODUCTION

This country report looks at the current environmental legislation in Algeria, providing an overview of the institutional legal framework that supports it. Existing environmental problems and legislative challenges are discussed with particular reference to wastes, water, air quality, IPPC and Environmental Impact Assessment.

D1.2 OVERVIEW OF CHALLENGES

Algeria has created a number of environmental protection initiatives in the last couple of years including the National Environmental Action Plan. However, obstacles to their full implementation have been, and may continue to be, the civil unrest and political turmoil within Algeria, and the continuing economic crisis in the country. These major issues are in addition to other factors including lack of existing environmental legislation and indistinct definition of roles and responsibilities within existing environmental institutions. Existing Algerian environmental legislation and the institutional set up in the country are discussed in the following sections.

D1.3 EXISTING REGULATION

Algeria’s law for general environmental protection is found in Law n°83-03 of 5 February 1983 on environmental protection. This law aims at implementing a national environment protection policy directed at protecting, restructuring and making best use of natural resources, preventing and fighting against any form of pollution and nuisance and improving the conditions and quality of life. Decree n° 88-227 of November 5 1988, sets out the funding, organization and functioning capacity of environmental inspectors. These inspectors are given responsibility for ensuring that environmental legislation is followed and to report offences where they occur. This was superseded by Executive decree n° 96-59 of January 27 1996. Executive decree n° 96-60 of January 27 1996 provides for the creation of environmental inspectors for the wilaya, which are administrative areas in Algeria. Currently there are 48 Wilayas in Algeria. Other environmental legislation that has been introduced in Algeria is set out in the following section:

3

D1.3.1 Wastes

Solid waste management

Solid Waste Law No. 01-19, 12 December 2001, addresses waste management, control and elimination and introduces the strategic principles of integrated solid waste management (SWM). These principles include (i) promotion of the municipality’s role as a key player in solid waste management at the local level; (ii) revision of SWM taxes to cover costs; (iii) promotion of private sector participation in SWM services; and (iv) enhancing public awareness and education. Municipal Law No. 90-08 defines the municipalities’ duties and mandates including SWM. In 2002 The National Action Plan for Environment and Sustainable Development (NAPE-SD) was approved and is now the key instrument defining the country’s environmental policy. The NAPE-SD estimates the cost of environmental degradation due to poor solid waste management (SWM) (0.32% of GDP) and identifies enhanced SWM as a national priority. PROGDEM (National Program of Integrated Municipal Waste Management), was initiated in 2001 by the Ministry of Land Use Planning and Environment (MATE), and is a key national instrument for strategic planning in the solid waste sector. It aims at establishing effective municipal solid waste management including municipal SWM planning; constructing sanitary landfills; recycling promotion; introduction of new SWM systems; gradual adoption of municipal waste taxes and improved tax collection; and awareness, education and training activities. To date PROGDEM covers more than 40 large cities. Hazardous waste management

The current legal framework for hazardous waste is defined by: • Law of Environmental Protection No. 83-03. • Management, control and waste elimination are regulated by Law No.01-

19, December 12, 2001. The application decrees are under development. • Law No. 01-19 (articles 12 and 13), instituted a National Management Plan

for Special Waste (PNGDS). This plan is currently under development. • In 1998 Algeria ratified, with reservations, the Basel Convention through

Presidential Decree No. 98-158, May 16, 1998.

D1.3.2 Water

Water remains one of Algeria’s most serious environmental problems. As a result of this a large proportion of environmental legislation is related to water resources management and protection. The principle legislative texts relating to water include the following:

4

• Law No 83-17 of 1st July 1983 code of water (completed by Ordinance No 96-13 of June 1996;

• Law No 83-03 of 5th February 1983 relating to the protection of the environment;

• Law No 85-05 of 15th February 1985 relating to the protection and improvement of health;

• Law No 90-08 of 17th April 1990 and the 27th April 1990 which defines the competences of the public sector bodies regarding water provision.

• The finance law of 1992 instituting a tax on activities which are polluting or dangerous for the environment;

• The decree 93-160 of July 10 1993 regulating the discharge of industrial liquid effluents;

• The decree 93-163 of July 10 1993 setting out an inventory of the degree of pollution of superficial waters;

• The decree n° 93-100 of March 6 1996 key definition of a hydrographic pool to be used when developing a typical statute;

• The finance law of 1996 instituting definitions for "of economy of water" and of "quality of water";

• The decree n° 96-472 of December 18 1996 for the creation of the National Counsel of water;

• The decree n° 94-240 of August 19 1994 setting up the funding of the Ministry of Regional Planning and Environment;

• The decree n° 210 of March 03 1992 sets out the law relating to the production and management of the distribution of water;

During their evolution, these basic texts have been amended, modified or completed as a result of changes and developments relating to water management. A few examples can be found and include:

• Amendment of the code of Water for the expansion of the concession of the public services of drinkable water and purification;

• Regionalisation of the tariff of water; - revision in course of the codes of water distribution.

The Ministry of Water Resources is the principal ministerial department responsible for issues relating to water resources management, including research, mobilization, use, storage, and distribution of water. The organisation structure of this sector is split into three levels:

• The central level - the duties of the Ministry of Water Resources are divided between eight legal directorates: Six technical directorates and two administrative directorates.

• The local level - the Ministry of Water Resources dispose in each of the 48 Wilayas of the country a directorate of hydrology, in which the local regulations of the other ministerial departments constitutes the executive of the wilaya.

• Other Ministries - Although essential issues related to water are exercised by the Ministry of Water Resources other ministerial

5

departments also may be involved where appropriate. Examples include the Ministry of the interior and local groups, and the Ministry of Agriculture.

D1.3.3 Air quality

There is currently limited legislation for air quality in Algeria although new legislation is in progress. However, decrees relating to emissions include: Executive decree n° 93-165 of July 10 1993 regulating the atmospheric transmissions of smokes, gasses, dusts, odours and solid particles, stationary installations.

D1.3.4 Integrated pollution prevention and control

No information is available on IPPC in Algeria.

D1.3.5 Biodiversity

Algeria currently does not have any legislation specifically dealing with biodiversity. However, the preservation of biodiversity has become a priority issue for the country and a number of developments are being made in this area including the creation of an agency for biological diversity protection. It also includes the following: International conventions

Algeria is signatory to a number of international conventions relating to biodiversity and includes:

• International Convention on Biodiversity, Rio June 1994 to Rio. Once this convention was ratified, a strategy on the preservation and the sustainable use of natural resources was developed in co-operation with several sectors of which universities, research institutes, local groups, economical operators and non-governmental associations constitute the main actors;

• The Barcelona Convention on the protocol for special protected areas of importance in the Mediterranean

• CITES – February 21st 1984; and • RAMSAR Wetlands convention – March 4th 1984.

In addition to these conventions Algeria is signatory to other international treaties designed to protect or manage biological resources. These include the following:

• Agreement for the Establishment of a General Fisheries Commission for the Mediterranean

• Convention for the Establishment of the European and Mediterranean Plant Protection Organisation

• International Plant Protection Convention

6

• International Convention for the Safety of Life at Sea • African Convention on the Conservation of Nature and Natural

Resources • Agreement for Establishing the Arab Agriculture Development

Organization • Agreement for the Establishment of a Commission for Controlling the

Desert Locust in North-West Africa • Convention on Wetlands of International Importance especially as

Waterfowl Habitat • Amendments to the International Convention for the Prevention of

Pollution of the Sea by Oil ,1954, concerning the Protection of the Great Barrier Reef

• Protocol for the Prevention of Pollution of the Mediterranean Sea by Dumping from Ships and Aircraft

• Convention for the Protection of the Mediterranean Sea against Pollution

• Convention on the Prohibition of Military or any other Hostile Use of Environmental Modification Techniques

• Protocol concerning Mediterranean Specially Protected Areas • Protocol for the Protection of the Mediterranean Sea against Pollution

from Land-Based Sources • United Nations Convention on the Law of the Sea • International Convention to Combat Desertification in those Countries

Experiencing Serious Drought and/or Desertification, particularly in Africa

• Protocol Concerning Specially Protected Areas and Biological Diversity in the Mediterranean.

Protected areas

Through the creation of eight National Parks and four Nature Reserves, Algeria has designated 2.5% of its land to be protected (5,891,000ha). The following decrees have facilitated this: • Decree 87-143 of June 16 1987 sets out the rules and classification methods

for the national parks and natural reserves. This was modified by Executive decree 98-216 of June 24 1998;

Decree n° 87-144 of June 16 1987 setting up the creation methods and of functioning of the natural reserves. Forests

Forests cover 47,634km2 in Algeria (2% of total area). Legislation relating to the protection of forests includes: • Law n° 84-12 of June 23 1984 general protection of forests – makes

provisions for the protection, development, extension, management and exploitation of the forests, in addition to the conservation of the forest soil and the fight against all forms of erosion.

7

• Law n° 91-20 of December 2 1991, modifies and completes Law n° 84- 12 of June 23 1984.

D1.3.6 Coastal/marine/fisheries

Coastal areas in Algeria are under constant pressure as a result of 43% of the population and most of the country’s economic activities being located less than 50km from the coast. Specific legislation relating to coastal protection is relatively new: • Law No. 02-02 on the Protection and Valorisation of the Coast was passed

on February 5th 2002 by The Ministry of Regional Planning and Environment.

• Law No. 83-03 on Environmental Protection makes provision for coastal management.

In addition to these specific laws, there have been other actions with the objective of coastal protection. These include: • An ambitious program to implement the new coastal law in all coastal

willayas (provinces) by the Government. The law also establishes the National Coastal Conservancy. There is also a Development and Management Scheme for the Coast (SDAL), an instrument to locate new development away from coastal areas. A Coastal Area Management Plan (CAMP) is currently under development in four central wilayas;

• Decree No. 94/279 of September 17th 1994 – this sets out a national plan of urgency ‘Tell Bahr’ aimed at fighting against pollution caused accidental due to the spillage of the hydrocarbons at sea;

• Executive decree number 93/164 of July 10 1993 – This decree defines the quality norms of swimming waters

• Executive decree n° 95-323 October 21 1995 regulating the exploitation of corals.

International conventions that Algeria is signatory to related to the sea include: • United Nations Convention on the Law of the Sea (LOS), 1984 ; • Protocol of 1978 Relating to the International Convention for the

Prevention of Pollution From Ships, 1973 (MARPOL). Fisheries

Legislative Decree No. 94-13 of 17 Dhu'lhijjah 1414, corresponding to 28 May 1994, establishes the general rules relating to fisheries - The purpose of the present legislative decree is to implement a national fisheries policy designed to: • Protect and preserve marine and freshwater fisheries resources through

rational exploitation with the aid of appropriate means; • Institute a system for monitoring the impact of fisheries;

8

• Extend national sovereignty to the resources located beyond the territorial waters by instituting a reserved fishing zone;

• Promote and develop inland fishing and specific fisheries. The Ministry of Fisheries is currently developing a development plan for this sector which outlines three areas for growth. The first, the National Plan for the Development of Maritime and Oceanic Fishing, aims to reach a production of 230,000 tons per year and 50,000 all-year jobs.

D1.3.7 Environmental Impact Assessment and public participation in environmental decision making

Enabling legislation for EIA is Environmental Law 83-03 of February 5, 1983 (ref.EIE – title 5). Detailed legislation for EIA includes:

Decree 90-78 of February 27, 1990 related to EIA; and Decree 87-91 of April 21, 1987 related to EIA in land use planning

There is a general requirement for public participation in the form of a public survey as specified in Article 9 of Decree 90-78. There is a general guideline available for undertaking environmental impact assessments (not accessible on the web).

D1.4 PRINCIPAL CHALLENGES FACING ENVIRONMENTAL LEGISLATION

Algeria is currently making the transition to a market economy and is doing so based on the principals of sustainable development. This will require the introduction and updating of several pieces of environmental legislation but will also necessitate clear articulation between these new environmental regulations/policies and overall economic policies that are being introduced simultaneously. In this way environmental benefits will come out of economic reforms. Based on this vision for sustainable development that has been developed in the National Environmental Action Plan for Algeria (2002), four strategic areas requiring improvement have been identified. These include: • The improvement of human health and the quality of life; • The improvement in productivity and sustainability of the country’s

natural capita; • The improvement of resource use efficiency and competitiveness of the

economy; and • The improvement of the global environment through regional and local

actions. The political will for improved environmental legislation is evident, however, the economic crisis that Algeria is currently experiencing along with overall

9

political instability and frequent institutional changes all work against the implementation of effective environmental legislation. The fragmentation of authority between existing institutions is also a limiting factor for environmental legislation and has been identified as a bottleneck for achieving the aims set out in the National Environmental Action Plan. Where authority is fragmented, enforcement of legislation will also suffer and consequently this is also an issue affecting the effectiveness of Algerian environmental legislation.

D1.5 INSTITUTIONAL SET-UP

The institutional set up for the environmental management in Algeria is currently going through a state of change. In 1995, the Directorate General for the Environment (DGE) was created along with the creation of Inspectors of the Environment for each Wilaya in the country. The purpose of these roles was to condense the institutional framework and to improve enforcement of environmental compliance. In 2000 the Ministry of Regional Planning and Environment was established and extensive legislative and institutional reform has been proposed including a new structure for the ministry to include the following new Directorates: • General Directorate of the Environment – (this Directorate is responsible

for most issues relating to the environment and will be moved to be under the jurisdiction of the new Ministry)

• Directorate for Territorial Planning • Directorate of Regional Planning and Co-ordination • Directorate of Industry • Directorate for the promotion of Cities • Directorate for Legal matters • Directorate of Co-operation • Directorate of Administration

D1.5.1 Other ministries involved in the management of Algeria’s environment:

Ministry of Fishing Resources:

This Ministry was set up in 2000, and is charged with the task of producing a development plan for the sector. Its aims, according to the three-year-old Ministry, are to create an industry that is ecologically sustainable not only for fishing but for aquaculture, to generate approximately 100,000 jobs through assisting small and medium-sized enterprises, and to contribute to non-hydrocarbon exports. The Ministry of Housing and Urban Affairs

This Ministry covers all the activities of research, exploitation, production, storage and distribution of water for all uses. At the central level, there are four departments:

10

• Directorate of planning for economic matters (DPAE, economic planning); • Directorate of large installations and hydraulic infrastructures (DGAIH,

large scale water infrastructure); • Directorate of regulation, protection and of water usage (DRPUE, water

regulation, conservation and use) The agencies, placed under the responsibility of MEL, are: • Agency for hydraulic resources (ANRH, water resources); • Agency of barriers (ANB); • Agency for the realization and management of hydraulic infrastructures

for irrigation and the drainage (AGID). This agency is in charge of the design, study and creation of the hydraulic infrastructures that will be operated by the OPI.

The Ministry of Agriculture and Rural Development

This Ministry is responsible for environmental issues relating to agriculture and rural development. The General Directorate for Forests, (DGF)

Under the guardianship of the Ministry of Agriculture and Ministry Fishing Resources, manages the preservation of the forest ecosystems, steppes and Sahara, as well as the wild animal types that there live. The national parks and the natural reserves are also under the guardianship of the General Direction of the Forests. The Ministry of Energy and Mining

This ministry is active in promoting improved environmental practices, particularly in the following:

The promotion and the development of the use of least polluting fossil fuels (natural gas, LPG, unleaded gasoline);

The promotion of energy savings; The remediation and the rehabilitation of polluted sites; The development of renewable energies; and The development of environmental management at the level of the Energy

and Mining sector. Major environmental organisations

Although there are currently no major non-governmental organizations dedicated solely to environmental issues, there are two that have such aims among their multiple objectives. These are the Forum Algerian de la Jeunesse (Algerian Youth Forum) and Association Nationale De Volontariat-TOUIZA (Volunteers National Association).

11

D1.5.2 Organogram

There is currently no organogram available for the institutional set-up for environmental management in Algeria.

D1.6 INSTITUTIONAL CHALLENGES

Challenges facing the institutional capacity for environmental management in Algeria are similar to those that face the development of effective environmental legislation, i.e. namely overall political instability, financial deficits and a lack of clarity in defining institutional roles, a result in part, of frequent institutional changes. The National Environmental Action Plan identifies improved environmental governance as an area that requires strengthening along with the reinforcement of human and technical capabilities, the introduction of economic and financial instruments, and the improvement of inter-sectorial co-ordination and participation in environmental matters. In addition to this the Plan identifies five new publically funded environmental institutions that it is felt should be created in the capacity building drive. These include a solid waste agency, coastal zone management agency, environmental training centre, centre for environmental information and cleaner production and an agency for biological diversity protection. This raises further challenges which include: • Fiscal and sustainability implications; and • The real demand and willingness to pay for the services of new

environmental institutions

D1.7 FUNDING FOR ENVIRONMENTAL MANAGEMENT (INVESTMENTS)

Investment made for environmental management has decreased from 1.18% GDP during the 1980’s to less than 0.84% GDP in the 1990’s. This has been as a result of the economic crisis that has been affecting the country during this same time period.

Table 1.1 Funding for environment management (Investments)

Area of Expenditure 1980 – 1989 % of GDP 1990 –1999 % of GDP Purification of Water 0.58 0.34 Restoration of soils, steppes, reforestation

0.37 0.14

Cleaner technologies 0.04 0.15 Waste management 0.06 0.08 Health 0.05 0.05 Administrative costs 0.08 0.08 Total 1.18 0.84

12

D1.8 EXISTING ENVIRONMENTAL PROBLEMS

Algeria has a number of severe environmental issues that are the legacy of the country’s economic and social policies of the past three decades. These are highlighted below:

D1.8.1 Water resources scarcity:

Algeria's most severe environmental problem involves water scarcity, in large part, due to irregular rainfall. In 2002 the availability of water resources declined for approximately 400m3 per capita per year (which is less than half the indicator of water scarcity: 1000 m3/pc/yr). Projections suggest that by 2025, Algeria will have a dangerous water shortage to deal with. Scarcity is compounded by the deterioration in water quality.

D1.8.2 Land and ecosystem degradation:

Natural and agro-climatic conditions, which cause ecosystem fragility, has caused approximately two thirds of the usable land area (approx. 12 million hectares) to become subject to various forms of land degradation, including water erosion predominantly in the North, wind erosion in the South and salinity in the West. Slow but steady deforestation continues to be of great concern and desertification continues to threaten more than 8 million hectares of rangeland, and cause a loss of biodiversity which is difficult to estimate.

D1.8.3 Urban and industrial pollution:

In addition to uncontrolled urbanization that has taken place in Algerian cities, there are a number of factors that have led to the emergence of serious threats to human health and the quality of life as well as to the country’s cultural and archaeological heritage and coastal resources. These include the past focus on the development of publicly owned and operated heavy industries (e.g. chemical and metallurgical) close to fragile ecosystems and population centres, the intensive use of energy sources favouring diesel and leaded petrol in the transportation sector, and the lack of enforceable requirements for pre-treatment of industrial and domestic effluent as well as the proper management of solid and hazardous waste.

D1.8.4 Natural hazards

Major natural hazards in Algeria include severe earthquakes and mud slides in the mountainous areas.

D1.9 EXISTING ANALYTICAL REPORTS ON ENVIRONMENTAL LEGISLATION AND POLICY

There are currently no analytical reports that could be located. However, the Directorate of Environment’s website (currently unavailable, November 2002) http://www.environnement-dz.org/ is likely to contain future analytical reports.

13

D1.10 EXISTING PROJECTS

Table 1.2 Existing projects

Project Title Description Duration Budget: Total, LIFE contribution (Euros)

Rehabilitation of Flora and Fauna

Aims to identify and record the countries flora and fauna estimated to consist of 3300 species, 600 of which are threatened and 300 endemic.

Des unites de co-ordination et de development (UCD)

Water Supply and Sewerage Rehabilitation Project (World Bank)

The Water Supply and Sewerage Rehabilitation project seeks to restructure the urban water supply sector by contracting out a number of its operations, such as leak detection and repair, otpimization of meter reading and billing, and network recalibration and mapping, with private entrepreneurs

1996 – Dec 2003 $170 million

ENVIRONMENTAL RESOURCES MANAGEMENT EUROPEAN UNION - DG

1

CONTENTS

D1 INSTITUTIONAL AND LEGISLATIVE FRAMEWORK IN ALGERIA 2

D1.1 INTRODUCTION 2 D1.2 OVERVIEW OF CHALLENGES 2 D1.3 EXISTING REGULATION 2 D1.4 PRINCIPAL CHALLENGES FACING ENVIRONMENTAL LEGISLATION 8 D1.5 INSTITUTIONAL SET-UP 9 D1.6 INSTITUTIONAL CHALLENGES 11 D1.7 FUNDING FOR ENVIRONMENTAL MANAGEMENT (INVESTMENTS) 11 D1.8 EXISTING ENVIRONMENTAL PROBLEMS 12 D1.9 EXISTING ANALYTICAL REPORTS ON ENVIRONMENTAL LEGISLATION AND POLICY12 D1.10 EXISTING PROJECTS 13

Annex E

Egypt


2

E1 INSTITUTIONAL AND LEGISLATIVE FRAMEWORK FOR ENVIRONMENTAL MANAGEMENT IN EGYPT

E1.1 INTRODUCTION

Egypt is located in the north-eastern corner of the African continent, and has a total land area of just over 1 million km2. It is bordered in the north by the Mediterranean Sea, in the east by Israel, the Gaza Strip and the Red Sea; in the south by Sudan and in the west by Libya. A rapidly growing population (the largest in the Arab world), limited arable land, and dependence on the Nile all continue to overtax resources and stress society. Environmental awareness in Egypt is slowly increasing through government programs and policies and high-visibility environmental conferences such as the World Summit on Sustainable Development held in Johannesburg in 2002. Although Egypt does not have an extensive history of environmental law, regulatory policy has gained momentum over the past few years. In 1994, Egypt passed Law no. 4 for the Protection of the Environment. This law restructured the existing environmental ministry and created the Egyptian Environmental Affairs Agency (EEAA) to draft laws, create and enforce regulatory standards, establish near- and long-term plans for environmental management, co-ordinate local, regional and national environmental protection efforts, and report on the state of Egypt's environment. The 1994 environmental protection law also established the Environmental Protection Fund, which completed its pilot year in 2000/20001. The fund dispersed five grants of more than $50,000 each to projects focusing on solid waste management.

E1.2 LEGISLATIVE FRAMEWORK

The Government of Egypt (GoE) has enacted more than 400 separate laws and decrees pertaining to the environment. Many of the environmental laws of Egypt, however, appear strong on paper but have little connection with reality. A national environmental protection law (1982) and a water pollution control law (1986) were introduced with the aim of addressing the widespread pollution issues that existed in Egypt. Since then, the GoE has invested billions of Egyptian pounds on efforts to reduce pollution. In the main these efforts were not effective due to the growing population and increasing industrialisation, and in 1994 the People’s Assembly ratified a new environmental protection law (Law 4 of 1994). This law covers the role and functions of EEAA and the Environmental Protection Fund, protection of the air, protection of land and protection of water. Other


3

aspects of the environment are regulated through other existing laws and enforced by other line Ministries such as the Ministry for Water Resources and Irrigation. The law specifies legal and economic enforcement instruments including permitting procedures and establishment of the Environmental Protection Fund. The law also requires constructive co-operation between EEAA and a number of line Ministries and the necessary building of enforcement capacity in the relevant agencies. The law also defines the statutory procedures required for environmental impact assessment (EIA) of new establishments or projects, expansions or renovations of existing establishments, which must be carried out before a permit is issued. The law also states that the erection of establishments within 200 metres of the seashore is prohibited without an EIA. Approval of the EIA must be by the Competent Administrative Authority or CAA in co-ordination with EEAA. Different levels of EIA are required according to the severity of possible environmental impacts that are determined via screening projects and allocating them into three categories: • White List Projects for establishments/projects with minor environmental

impacts; • Grey List Projects for establishments/projects which may result in substantial

environmental impacts; and • Black List Projects for establishments/projects that require complete EIA due

to their potential impacts. Egyptian environmental laws have generally not been enforced adequately for a number of different reasons including lack of human resources to carry out inspection and enforcement activities, and a general lack of public awareness regarding the magnitude of environmental problems and their negative effects. Moreover, the regulatory approach is not effective because standards generally do not allow the necessary flexibility for the polluter and the regulatory agency to negotiate quick agreement on a compliance schedule. There is also a minimum amount of co-ordination and co-operation between Ministries and governmental institutions regarding the issue of environmental protection.

E1.2.1 Key principles underlying Egypt’s environmental policy

The environmental policy of Egypt seeks to achieve environmental protection through the establishment of proper institutional, economic, legislative and technical frameworks at the local, regional, national and international levels. This is expressed through the seven directives of the policy statement of the Ministry of State for Environmental Affairs: 1. Strengthening partnerships at the national level;


4

2. Supporting bilateral and international partnerships in the environmental fields;

3. Enforcing Law 4 of 1994 for the protection of the environment, and Law 102 of 1983 for Natural Protectorates and all other environmental legislation;

4. Supporting institutional strengthening and capacity building for the Egyptian Environmental Affairs Agency and Environmental Management Units (EMU's) of the governorates;

5. Supporting Integrated Environmental Management Systems; 6. Integrate the use of market-based instruments in the field of environmental

protection; and 7. Transfer and adaptation of environmentally friendly technologies. Within this policy framework, institutional and regulatory reforms are carried out, aiming at the implementation of national environmental policy objectives and measures.

E1.2.2 International treaties and conventions

Egypt has signed the following international treaties and conventions: Biodiversity, Climate Change, Desertification, Endangered Species, Environmental Modification, Hazardous Wastes, Law of the Sea, Marine Dumping, Nuclear Test Ban, Ozone Layer Protection, Ship Pollution, Tropical Timber 83, Tropical Timber 94, and Wetlands. Egypt has also signed, but not yet ratified, the Kyoto Protocol.

E1.2.3 National Environmental Action Plan

The first NEAP for Egypt was finalised in 1992 in preparation for the earth summit in Rio. The objectives were never realised as the complexity of implementation superseded its ambitions. The plan was updated with the assistance of UNDP’s Capacity 21, and a draft was recently reviewed (September 2002). The Prime Minister and the Minister of State for Environmental Affairs both note in their forewords that the goal of sustainable development linking development with environmental protection is key to Egypt’s future. The NEAP was developed under a highly consultative process with inputs from large numbers of stakeholders covering a wide range of organisations and individuals. The NEAP process employed a “participatory, consultative gender-anchored, holistic planning modality to create an enabling environment”. The NEAP represents Egypt’s agenda for environmental actions over the next 15 years and also attempts to integrate existing sectoral plans for economic growth and social development. The NEAP also highlighted that, “although Egypt has a long history of environmental legislation, compliance is weak because enforcement is not efficient enough. Egypt needs to strengthen the institutional mechanisms necessary for effective environmental management.”


5

The NEAP identifies EEAA’s powers to achieve its objectives and the tools it needs “EEAA has its own powers for enforcement and a budget for proactive interventions.” However it also notes that, “Egyptian environmental laws have not been enforced adequately for a number of reasons, including lack of human resources to carry out inspection and enforcement and lack of public awareness regarding the magnitude of the environmental problems and their negative effects.” The current NEAP

The preparation of the National Environmental Action Plan (NEAP) for Egypt, initiated in 1999, is currently entering its final phase. (1) The primary aim of the NEAP is to provide support for the introduction of a participatory and demand-driven environmental planning process, favourable to sustainable development. To this end, the development of the NEAP, with the identification of environmental priorities, and needed initiatives, has been carried out through a consultative process involving key stakeholders from central and local government as well as interest groups and organizations. A number of consultative workshops were carried out during 2000/2001 targeting different groups of stakeholders such as women, youth, the media, universities, and the private sector, with the purpose of creating a number of working groups to provide inputs to the NEAP both at the strategic level and the operational one where project ideas were formulated. During the second half of 2001, the finalization of the Agenda for Action was carried out, together with the publication of the Environmental Profile of Egypt. This was accompanied with the preparation of the final NEAP, providing a summary and overview of the environmental situation in Egypt and the proposed lines of actions recommended to be implemented over the period of 2002-2017. (2)

E1.2.4 Environmental Protection Law

Law 4/1994 for Environmental Protection has a greater role with respect to all governmental sectors as a whole. The law has been designated as the highest co-ordinating body in the field of the environment that will formulate the general policy and prepare the necessary plans for the protection and promotion of the environment. It will also follow-up the implementation of such plans with competent administrative authorities. The Environmental Protection Law has defined the responsibilities of the Egyptian Environmental Affairs Agency (EEAA) in terms of the following: Preparation of draft legislation and decrees pertinent to environmental

management;

(1) http://www.eeaa.gov.eg/English/main/law4.asp (2) United Nations. 2002. Johannesburg Summit. Country Profile: Egypt.


6

Collection of data both nationally and internationally on the state of the environment;

Preparation of periodical reports and studies on the state of the environment; Formulation of the national plan and its projects; Preparation of environmental profiles for new and urban areas, and setting of

standards to be used in planning for their development; and Preparation of an annual report on the state of the environment to be

presented to the President.

E1.2.5 EIA Legislation

The legal basis for EIA is established by Law No 4 of 1994, the Law on Protection of the Environment. The law states that the environmental impact of certain establishments or projects must be evaluated before any construction works are initiated or a license is issued by the competent administrative authority or licensing authority. It is implemented through its Executive Regulations, issued by Prime Ministerial Decree No. 338 of 1995. These came into full force in 1998. The Executive Regulations relating to Law No. 4 identifies establishments or projects which must be subjected to an EIA based upon the following main principles:

• Type of activity performed by the establishment; • Extent of natural resources exploitation; • Location of the establishment; and • Type of energy used to operate the establishment. (3)

The number of projects subject to this provision are many and will form a heavy burden to administrative authorities and the Egyptian Environmental Affairs Agency (EEAA). A flexible system for the management of EIA projects has therefore been developed in order to use limited economic and technical resources in the best possible way. The system encompasses a flexible screening system and projects are classified into three groups or classes reflecting different levels of environmental impact assessment according to severity of possible environmental impacts. Sectoral ministries and Governorates are the Competent Administrative Authorities for EIA. The Central EIA Department of the EEAA is responsible for supervising the screening process, managing the review of EIA reports, taking decisions on the acceptability of EIA reports, and giving an opinion on the development and proposals for mitigation measures. EIA for coastal tourism and large oil and gas developments is now reasonably well established. The establishment of Environmental Management Units in Governorates has helped to promote the application of EIA to industrial projects

(3) http://www.eeaa.gov.eg/English/main/law4.asp


7

in new industrial cities. Except in these areas, environmental planning and management have yet to be widely recognised as essential components of the country’s sustainable economic growth. In recognition of this, EEAA has adopted a combined strategy of awareness raising and gradual strengthening of the enforcement of EIA legislation.

E1.2.6 Sector-specific legislation

Water resources and water quality

The EEAA is the main organization responsible for environmental protection. The agency wrote the 1993 Environmental Action Plan that is now being updated. The Ministry of Water Resources and Irrigation (previously, the Ministry of Public Works and Water Resources) is mandated to control and manage all fresh water resources in Egypt including the surface and subsurface water. In addition to construction, supervision, operation, and maintenance of all the irrigation structures and drainage networks, the Ministry is also responsible for providing all other sectors with their needs of good quality fresh water in due time. The Ministry of Water Resources and Irrigation has prepared a National Water Policy and strategy with a vision to 2017. Its themes are:

Optimal use of water resources; Water quality protection and pollution abatement; and Development of new water resources in co-operation with Nile Basin riparian

countries. The two most important laws for water are Law No. 4 of 1994 that gives the EEAA enforcement authority for environmental pollution, with the exception of fresh water, and Law No. 48 of1982 Protection of the Nile River from Pollution. The latter is the main instrument for water quality management. Standards were also set in 1982 for point sources of surface water pollution, ambient concentrations of minerals and pollutants in surface water and drainage water reuse stations. Drinking water standards set by the Ministry of Health and Population were adjusted in 1998. The National Water Resource Center developed extensive monitoring networks for groundwater, Nile water, and drainage water. It also carries out the National Water Quality and Availability Management programme that includes 300 surface water and 230 groundwater monitoring points. The EEAA has been strengthened through the Egyptian Environmental Information System project that makes data available to policymakers and operational managers in the EEAA.


8

Waste management

The main legislation governing waste management in Egypt includes:

• Law No. 4/1994 Promulgating the Environment Law and its Executive Regulation;

• Basel Convention ratified by Egypt in 1993; • Limits for safe emissions from medical waste incinerators were issued by the • Egyptian Environmental Affairs Agency in 2000/2001; and • A Ministerial Decree detailing medical hazardous waste was issued and a

related management and permit system was put in place in 1997. Air quality

The protection of the air environment from pollution presents one of the primary lines of action of the MSEA and EEAA, reflected by the long-term commitment to this issue as expressed by the five-year action plan. This is in line with the continuous efforts in enforcing existing environmental legislation, as air quality is one of the principal issues addressed in Law 4/1994 for protection of the environment. Integrated pollution control

The MSEA, and its executive institution, the EEAA, are responsible for ensuring the abatement of industrial pollution for the industrial sector. The EIA provisions of Law 4 have been drafted in such a way as to cover pollution control as well as the broader environmental impacts of proposed new projects. Law 4 includes standards for both water and air. There is no separate permitting process for industrial pollution other than for waste-water, which is handled by the Ministry of Irrigation and Water Resources. Coastal zone management

In response to pressures on the coast, the EEAA has developed an Integrated Coastal Zone Management Strategy. To tackle problems relating to tourism, a government-sponsored national Sustainable Tourism Project has been responsible for promoting the concept of eco-tourism and developing a national Sustainable Tourism Strategy. The Ras Mohamed national park and several other protectorates have been developed along the Sinai coast to preserve areas of particular conservation interest and manage areas under increasing pressure from tourism and development. Despite these efforts, development impacts on coastal and marine environments, and on marine biodiversity, are a significant issue.


9

E1.3 INSTITUTIONAL FRAMEWORK FOR ENVIRONMENTAL MANAGEMENT

The Cabinet of Ministers is the co-ordinating body regarding national policies and decision-making. However, there are also many agencies concerned with environment affairs in Egypt. Some of them are governmental which undertake specified tasks through laws and decrees, while others are private and voluntary which play their role in preserving the environment. The types of agencies involved in environmental protection function both at the national and local level. Their roles include execution of studies, consultation and planning. A number of these agencies conduct scientific and technical researches and studies in environment preservation and development as indicated below. The two main planning institutions are the Ministry of State for Environmental Affairs and the Scientific Research and Technology Academy. Other specialized institutions include the: • National Center for Researches; • Oceanology and Fisheries Institute; • Ecological Studies and Researches Institute; and • Public Health Institute. In addition, the Ministry of Health, Ministry of Irrigation, Ministry of Interior, Ministry of Industry, and Ministry of Reconstruction all have minor roles in environmental protection.

E1.3.1 Ministry of State for Environmental Affairs

The highest policy level for environmental matters in Egypt is the Minister of State for Environmental Affairs (MSEA), who is also head of the Ministry and a member of the Government of Egypt’s Cabinet of Ministers. The Ministry itself has very few staff and the executive agency is the Egyptian Environmental Affairs Agency of whom the Minister is Chairperson. The EEAA was established in 1982 although its full remit did not receive full statutory backing until the enactment of Law 4 of 1994. Egyptian Environmental Affairs Agency

According to the Law 4/1994 for the Protection of the Environment, the EEAA was restructured with the new mandate to substitute the institution initially established in 1982. The EEAA was officially launched in 1982 and is the highest authority in Egypt responsible for promoting and protecting the environment, and co-ordinating adequate responses to these issues. At the central level, EEAA represents the executive arm of the Ministry. In June 1997, the responsibility of Egypt’s first full time Minister of State for Environmental Affairs was assigned as stated in the Presidential Decree


10

No.275/1997. From thereon, the new ministry has focused, in close collaboration with the national and international development partners, on defining environmental policies, setting priorities and implementing initiatives within a context of sustainable development. The mission of the agency is to: • Prepare the National Plans for Environmental Protection; • Prepare the Emergency Environmental Plan for disasters; • Prepare the draft laws concerning the Environment; • Implement the experimental projects; • Prepare the Environmental Training and Planning Policy; • Draft the necessary norms and standards to ensure that the environment is

not polluted; • Formulate the basis and procedures for the assessment of environmental

impacts of projects; and • Supervise the Environmental Protection and Development Fund. The EEAA has an active ongoing co-operation programme with many donor agencies (e.g. DANIDA Projects on organization support, environment education and training, environmental information and monitoring, ODA, USAID, etc.). Donors provide assistance in priority areas designated in the Environmental Action Plan of Egypt and the Egyptian National Environmental Strategies. (4)

In order to fulfil their mandate of co-ordination and working through the line ministries, the EEAA, through the MSEA prepares specific co-operation protocols with other Ministries. These protocols establish the framework for information flow, personnel exchange and co-ordination in relevant areas. Currently there are six such protocols in operation, with the Ministries of Industry, Petroleum, Tourism, Health, Justice and Manpower. The Agency has a well-resourced Head Office in Cairo, but recognises that too much centralised Cairo-based management is not effective. EEAA has a strong focus on decentralised environmental management, and is promoting the establishment of Regional Branch Offices (RBOs). Five RBOs have already been established in Cairo, Alexandria, Suez, Mansoura and Tanta. A further three are being established in Aswan, Hurghada and Assuit. This decentralised approach has been promoted by DFID through the SEAM Programme that is developing institutional capacity for decentralised environmental management, and through other programmes funded by donors such as USAID and DANIDA.

E1.3.2 Environmental Protection Fund

The Environmental Protection Fund was established under Law 4/1994 within the EEAA. Its goal is to stimulate investment in the environmental sector in Egypt (4) United Nations. 2002. Johannesburg Summit. Country Profile: Egypt.


11

to support the government’s environmental. social and economic policies. To realize this goal, the EPF provides financial assistance on a competitive basis for projects that benefit the environment. In addition, the EPF seeks to foster partnerships between the financial community and both the public and private business sectors to increase investment in environmental initiatives. The fund's objectives are to: • Support demonstration and pilot projects, • Address environmental disasters, • Assist environmental research and training, and • Support environmental promotion activities. It will be financed through state budget allocations, the tourism and environment fund, income from natural protectorates, penalties, fines and charges, and contributions from donors. The Social Fund for Development also provides social loans for projects where environmental and social dimensions are considered.

E1.3.3 Environmental management at a local level

Local administration in Egypt is divided into 26 Governorates and each Governorate is divided into smaller units known as Markazes. A number of decrees and laws have created a framework for local environmental management by the establishment of Environmental Management Units (EMUs) at the Governorate level, supplemented by subsidiary Environmental Units (EUs) at Markaz levels. Legislation is currently being ratified to upgrade the status of EMUs to local Government Offices for the Environment, which would give the units a dedicated budget and elevate their status to independent departments, and should enable them to operate significantly more effectively.


12

Figure 1.1 Current Organisational Chart of the EEAA

Source: http://www.eeaa.gov.eg/english/main/orgchart.asp

E1.4 MAIN ENVIRONMENTAL ISSUES FACING EGYPT

The main environmental issues in Egypt include coastal zone degradation; high levels of air pollution due to major traffic congestion and industrial pollution; soil salinity and water supply contamination; and inadequate disposal of wastes.

MSEA - Chairman

CEO – Deputy Chairman

Management Board

MSEA Office

CEO Office

Management Board Secretariat

Security

Public Service

O & M

Legal Affairs

Ozone Layer Protection Unit

Central Lab

Information and Computer Center

Planning and Follow-up

Technical Support and Environmental

Disasters Management

International Affairs Department

Environmental Protection Fund

Branches Affairs

Financial & Admin Affairs

Env Info & Public Awareness

Env. Quality Env. Management

Nature protection


13

E1.4.1 Public consultation and hearings

Public participation is not mandatory in the Egyptian EIA system, and as a result is often ignored. (5) Public hearings are held mainly only for overseas funded projects. An example of such a project was cited, where the public were able to examine the full EIA report, but could not obtain copies. In general, EIA reports are regarded as confidential documents. Some participants blamed this situation on a lack of environmental awareness amongst lay people, coupled with a high rate of illiteracy. There is a widespread view among those involved in EIA in Egypt that it is a technical process, to be entrusted entirely to professionals. Public participation in Egypt is governed by a Law concerning Non-Governmental Organisations (NGOs). The law requires Community Development Associations (CDAs) and NGOs to be registered with the Ministry of Social Affairs and regulates how the organisations operate and how they are allowed to participate. The law was recently revised but then rejected by the People’s Assembly, and so is currently being redrafted. Democracy is an emerging process in Egypt. However, it should be noted that the country is still under emergency law, which limits democratic processes and popular participation. Parliamentary elections have been held and have proved popular in rural Egypt, although the turnout in cities is much lower. Important achievements are taking place in the field of environmental public participation in Egypt. Public consultations have taken place on environmental issues, and recently EIAs of a power station and a liquefied natural gas (LNG) project have included full open public consultation and disclosure. The EEAA has also recently set up a full public complaints and advisory system. In May 2002, President Mubarek gave a landmark speech on environment and emphasised the role of the public in environmental management either through awareness programmes or through fostering the voluntary roles that NGOs and CDAs have taken in environment.

E1.4.2 Coastal zone degradation

Coastal zone degradation is a primary environmental issue in Egypt caused by various factors. Rapid urbanization of the coast; water pollution; hazards to underwater life; loss of wet land; overfishing, shore erosion and flooding, and irrational land use are among the most serious problems affecting Egypt’s coastline. The coastal lakes in the Nile Delta are hyper-eutrophic due to agricultural run-off and heavily polluted by industrial effluents and municipal wastewaters

(5) http://www.citet.nat.tn/pdfs/metap-evaluation-eia-system-egypt.pdf


14

containing nutrients, heavy metals, pesticides, oil and greases. These lakes then discharge into the local coastal waters and adversely effect coastal water quality. Coastal erosion is a problem in the Delta generally, where previously (before construction of the Aswan High Dam) silt deposits from the River Nile compensated for land subsidence and the erosive forces of the Mediterranean Sea. This is resulting in the loss of fertile land and increased exposure of previously inland areas to saltwater intrusion. Since the completion of the Aswan High Dam, sediment input to coastal waters has fallen by around 160 million tonnes per year. This has resulted in parts of the Mediterranean coast of Egypt becoming one of the most seriously eroding shorelines in the world. In other coastal areas local erosion problems occur in connection with uncontrolled and poorly planned construction practices and the lack of adequate assessment of the potential environmental impacts of developments on sensitive coastlines. Wide areas of coral reef in the Red Sea are endangered from uncontrolled construction and tourist development activities. The Red Sea reefs are the world’s most northerly reefs and represent Egypt’s greatest reserve of biodiversity. The coastal environment is also at threat from pollution by ships and offshore oil and gas exploration and production facilities.

E1.4.3 Air quality

Air pollution in the large cities is clearly one of the major problems in Egypt, especially in the industrial areas. Some major programmes are being implemented to reduce air pollution and some factories and power stations have been converted from the high-sulphur content heavy fuel oil, locally known as ‘Mazout’ to natural gas. To decrease emissions from cement factories an annual surcharge of $1.5 per tonne of cement sold was levied from 1995. The funds accumulated have been used to finance the installation of air pollution control equipment and rehabilitation programmes. But air quality remains a major environmental issue, from hazardous industrial air emissions from metal industries, refineries, cement and power plants; in addition, air pollution causes impacts on cultural heritage by causing damage to priceless monuments. The levels of common pollutants, such as sulphur dioxide, suspended particulate matter, and carbon monoxide in the air are substantially higher than the WHO guidelines allow. In the industrial areas of greater Cairo, the suspended particulate matter is 5 to 10 times higher than international standards; sulphur dioxide is 2 to 20 times higher; and nitrogen oxide is about two times higher. In Greater Cairo and Alexandria, large industrial sources of air pollution include the metallurgical (ore and scrap-based steel plants, ferro-alloys, copper, lead and aluminium smelters), chemicals (including refineries), and the cement industries. Air pollution from these industries comes from both process and combustion sources. 60% of the cement industry consists of wet-process plants, which tend to


15

produce more pollution than the dry process and consume twice as much energy. Refineries are also the major source of SO2, NO2 and volatile organic compounds. In terms of particulate air pollution, urban solid waste burning contributes 25% of the Total Particulate Load (TPL); industrial waste generation is responsible for 22% of TPL; industrial fuel (Mazout) consumption contributes approximately 50% of the pollution load from all fuel consumption (21% TPL); and diesel fuel consumption is the other major fuel that significantly contributes to particulate loading (19% TPL). Agricultural burning is a major contributor to air pollution on a seasonal basis (annual average 12% TPL). (6) Another major source of air pollution is the mobile emission resulting from traffic. In Greater Cairo are more than a million vehicles on the streets. Vehicle emissions of fine particulate matter and other pollutants are therefore significant. Vehicle exhaust gases contribute to high concentrations of carbon monoxide and nitrogen oxides, VOCs and particulates. The concentrations of total suspended particulates (TSP) in the air in urban centres are generally much higher than the WHO Guideline value and there are high incidents of asthma cases, particularly in Cairo where TSP-values for example are 500-2,00 microgrammes/m3 against a WHO limit of 60-90. Concentrations of carbon monoxide, sulphur dioxide and lead in the city atmosphere also often exceed WHO limits. (7)

E1.4.4 Water supply and pollution

Water availability and the Nile

The River Nile supplies almost 97% of Egypt’s water resources and is a shared resource with Sudan according to the 1959 Nile Waters Agreement between the two countries. Water resources are being exploited to their maximum in Egypt with the ceiling levels of extraction from the Nile already reached, and demand is increasing across all sectors including agriculture, industry and for potable supply. The River Nile has historically been polluted from a large number of industrial point sources of pollution as well as municipal wastewater. Poor water quality, particularly in the lower reaches of the Nile leads to increased treatment costs so that the water may be utilised for potable water supply, or industrial, commercial and agricultural uses. Recent initiatives from the Ministry of State for Environmental Affairs have led to overall improvements in the quality of the River Nile through increased monitoring and enforcement of standards at industrial facilities.

(6) The Development of an Air Pollution Abatement Strategy for Cairo, Egypt: analytical support for decision-making under uncertainty, MAK Smith, 2002. (7) Egypt Country Assistance Strategy, The World Bank, 2001.


16

In order to combat pollution and arrest degradation the ten countries within the Nile River catchment are co-operating through the Nile Basin Initiative which has the objective, ‘To achieve sustainable socio-economic development through the equitable utilization of, and benefit from, the common Nile Basin water resources.’ Nevertheless, water demand and usage upstream of Egypt may impact water levels in Lake Nasser and thereby water availability in Egypt. Resolution of conflict in Sudan may lead to rapidly increasing water demand in a water stressed country which is currently using far less than its allocated share of water resources. With a population growth of about 2.4% (approx. 1.7m inhabitants per year), per capita water availability is likely to reduce from the current level of 950m3 per annum to 670m3 per annum by the year 2017 (8). The major issue for sustainability will be acute water scarcity and declining quality: water quality in the River Nile and canals deteriorates in a northward direction due to the disposal of municipal and industrial effluents, agricultural drainage and by the decreasing flow as the water is diverted for irrigation; and drainage canals are often heavily polluted. Quality and access to water

The pollution from industrial sources and municipal sludge from wastewater treatment plants constitutes a major environmental pressure. Few industries have pretreatment systems that function well. Untreated industrial discharge is resulting in sludge with high concentrations of trace metals. The Nile, which is the main source of water in Egypt, is being polluted by discharges of untreated or partially treated domestic wastewater, industrial effluents, and agricultural drainage water. Drainage water in Egypt may be polluted from three main sectors: agriculture, industry, and domestic. The impacts of pollution are many and diverse but the general picture is the deterioration in the ecological quality of aquatic systems such as phosphorus induced eutrophication and threats to human health and well-beings from nitrates, pathogens, pesticides and other hazardous substances. (9) Besides water scarcity, the two main urgent public utility problems of Egypt are potable water and sewerage. Although over 90% of urban population have potable water supply, only 50% have adequate connections to sewage services. The result is major problems for the water table that is augmented by leaching from landfills and seepage from industrial activities.

E1.4.5 Waste

Urban and hazardous waste disposal and management is regarded as one of the most important environmental issues by the Egyptian authorities: Egypt produces

(8) Egypt Country Assistance Strategy, The World Bank, 2001 (9) United Nations. 2002. Johannesburg Summit. Country Profile: Egypt.


17

approximately 60 million tonnes of solid waste per annum. Approximately 15 million tonnes are municipal solid waste and the remainder is composed of agricultural, construction, industrial and clinical wastes. Egypt drafted its first National Municipal Solid Waste Management Strategy in 2002 and this is beginning to be implemented. Systems for collection and disposal are poorly developed – collection rates in urban areas vary between 40% and 70% – and often waste accumulates in the poorer city areas and is just burned on the streets. There is a shortage of disposal facilities for municipal solid waste, with waste often deposited in open dump-sites close to settlements in desert areas. In the Delta waste disposal sites are harder to site, as land values are high, and often waste is just dumped into canals or lakes. Even where suitable dump-sites exist, waste disposal is uncontrolled and often accumulations of waste are set on fire to reduce volumes. Egypt has no formal systems for removal and handling of the 20,000 to 50,00 tonnes of hazardous and clinical wastes produced daily by industry and hospitals. These wastes are currently either burned or incinerated, dumped on areas of vacant land or in canals or lakes. The increasing incorporation of hazardous wastes into the general bulk waste stream poses increasing health risks, particularly for waste collection workers and waste pickers. Agricultural residues are also a major waste steam that causes environmental problems in Egypt. Most notably, the disposal of rice straw in the Delta has caused major problems and attracted significant media and public attention. The majority of residues, including rice straw, are either used for fodder, for fuel for bread ovens, or are burned where they accumulate. The large amounts of rice straw burned during the autumn months has caused major smog events and associated deteriorations in local air quality in Cairo and the Delta in recent years.

E1.4.6 Land degradation and desertification

Less than 5% of Egypt’s total land area is populated and cultivated, the vast majority being inhospitable desert lands. Approximately 3.5 million hectares of land is cultivated, mainly in the Nile Valley and the Nile Delta. Agricultural productivity is one of the most significant sectors of the Egyptian economy with over 50% of the population living in rural areas and almost one third of the total work force are engaged in agricultural related activities. Over the past decade, agricultural activities have expanded beyond the traditional ‘old lands’ of the Valley and Delta regions. The ambitious land reclamation programme has been converting former desert lands into productive agricultural areas, however has increased water demand markedly. On the other hand, increased urbanisation and expansion of urban and rural settlements has resulted in the loss of agricultural land.


18

Agricultural activities have had a significant impact on soil quality in various parts of the country. Poor water management of irrigation practices has led to severe salinisation of the soils, particularly in the Delta. Prior to construction of the Aswan dam annual flooding would have washed away any accumulations of salt. In addition to the problems associated with poor irrigation and drainage practices, applications of pesticides and fertilisers have led to a decline in soil quality. Fertilisers are now applied at rates of up to 2.5 tonne/hectare and pesticide use has been estimated so that 90% of pesticides do not reach their target pest and instead lead to water, land and air contamination. However, pesticide use is on the decline since subsidies for its use were recently abolished. Soil erosion and desertification are both consequences of intensive agricultural production in Egypt: thin sandy soils and newly reclaimed soils low in organic matter content are particularly susceptible to wind erosion. Egypt has developed and is now implementing a Strategy for Combating Desertification. This includes afforestation of new roads, the planting of artificial forests irrigated with treated wastewaters and general tree-planting and greening or beautification projects in and around urban areas. Land degradation is therefore a significant environmental issue: annual losses of agricultural land due to urban encroachment are estimated at between 5,000 and 10,000 hectares, with major causes in the deterioration being poor irrigation drainage, soil salinisation, inadequate crop rotation and selection, fragmented land tenure and soil erosion.

E1.5 CHALLENGES AND OBSTACLES

E1.5.1 Legislative challenges

Although the Law No. 4 for protection of the environment has been instrumental in providing a legislative framework for Egypt to manage environmental affairs, there are still several legislative challenges to overcome, such as: • A lack of technical capacities within the EEAA to monitor and execute the

required environmental legislative duties and tasks; and • A lack of co-ordination between the authorities responsible for pollution

monitoring and the variation in the degree of executive power given to each individual authority through the existing legal framework.

E1.5.2 Institutional challenges

The main obstacles to institutional development in the environmental field in Egypt include: • There is a lack of compliance monitoring, and shortage of funds for it.

Enforcement of environmental legislation was considered to depend to a large extent on the attitudes and energies of individual governors. This is being addressed, primarily through the establishment of local government


19

Environmental Management Units and regional branch offices of the EEAA. These units will however need adequate staffing and training.

• There is little in the way of pollution levies or taxes to pay for such activities. This may require policy level decisions.

• There is a lack of funding and of trained workers in the environmental field, mainly in industrial pollution control. The same problem applies to human capacity and financial resources within the Governorates.

• The lack of openness in the Egyptian EIA system limits its own effectiveness, by restricting co-ordination between government departments, the awareness of public concerns, the use of public knowledge, and actions to improve EIA quality. Support is needed for promoting awareness of the potential benefits of consultation and public participation.

• There exists a lack of funds for research and development especially in the technology sector. The budget for research and development is 0.6% of the GDP while it reaches between 3 and 5 % in industrial countries.

E1.6 EXISTING PROJECTS AND PROGRAMS

The main projects and programs being funded in relation to these environmental issues include:

E1.6.1 EIA and sector guidelines

General guidelines for EIA were issued by EEAA in 1995 with assistance from DANIDA. Further guidance documents have subsequently been issued by EEAA, with assistance from the Support for Environmental Assessment and Management (SEAM) project which started in 1994 and is a partnership between DFID, the EEAA and two governorates. These include: • Guidance on dealing with grey list projects. This document includes a

summary of the procedural requirements for completing form B, a note outlining how to answer the questions on form B, and an example of a completed screening form B;

• Guidelines for municipal wastewater treatment works; • Guidelines for ports and harbors; • Guidelines for industrial zones; and • Guidelines for Tourist activities.

E1.6.2 Air quality

The Environmental Information Monitoring Programme (EIMP), financed by the Danish development agency DANIDA, is in the process of setting up a national network to monitor air quality. The programme will establish 39 monitoring stations employing automatic monitoring equipment to collect information and samples from areas where air pollution is highest. There are 12 stations in greater


20

Cairo, six in Alexandria, eight in the Delta, four in Sinai and the Canal Zone and nine in Upper Egypt. These stations measure levels of sulphur dioxide, nitrogen oxide, carbon monoxide, non-methane hydrocarbons and suspended particulates. The Cairo Air Improvement Project (CAIP), which is funded by USAID, has established one station at Al-Ma'sara, in Anba Barsoum El-Erian Hospital, and the second in the Fom Al-Khalig park, near the Aqueduct.

E1.6.3 Solid waste management

The 1992 Egyptian National Environmental Action Plan identified solid waste management and industrial pollution prevention as major priorities. To date, most GoE and donor attention has focused on ensuring environmental compliance by heavily polluting industries. Funding to address problems of most direct concern to the poor, such as solid waste management, has been limited. The SEAM Projects also supports decentralisation of environmental planning to the governorate level, with a focus on identifying cost effective approaches to environmental improvement and bringing direct benefits to the 48% of the population that are either at or below the poverty line and currently have limited or no access to government services. SEAM has successfully demonstrated an approach to decentralising environmental planning and responding to the needs of other stakeholders, including the poor, in two of Egypt’s 21 Governorates. Adoption of the approach in the remaining 19 Governorates is now being supported by GoE and other donors.

E1.6.4 Hazardous waste

During 2000/2001, the Information Management System for safe handling of hazardous substances, established with support from the Swiss Government, became operational. This is carried out in collaboration with six line ministries (Ministries of Agriculture, Electricity, Health, Industry, Interior, Petroleum), as stipulated in Law 4/1994, as well as the Customs Authority and the Civil Defence Authority. The primary aim of this system is the establishment of an on-line communication network between these ministries and authorities and EEAA, where required information concerning hazardous substances is available and an be obtained Annual Report 2000/2001 instantaneously.

E1.6.5 Pollution Abatement Project

The Egyptian Pollution Abatement Project (EPAP) is one of the main projects of the EEAA which aims to helping the Egyptian industries to alleviate their environmental problems. The EPAP is a project in the Egyptian Environment Affairs Agency (EEAA). The EPAP is financed by the World Bank (WB) and the European Investment Bank (EIB). EPAP also has a Technical and Institutional


21

Support Component (TISC) financed by the Government of Egypt and Finland. This component provides technical support to the companies for planning of the investments. The time frame of EPAP is 1997 - 2003. The project is currently lending to 12 private sector companies for pollution abatement. (10)

E1.7 EXISTING ANALYTICAL REPORTS ON ENVIRONMENTAL ISSUES

There are a number of studies that have been carried out in the last five years that address the environmental situation in Lebanon. The following documents and websites are considered good sources: Documents Ezz, Dr. Alaa. Growth of the Environment Market of Egypt. Cairo: 2003. Mediterranean Environmental Technical Assistance Programme. Evaluation

and future development of the EIA system in Egypt : A report prepared under the METAP EIA Institutional Strengthening Project. 2000. http://www.citet.nat.tn/pdfs/metap-evaluation-eia-system-egypt.pdf

Ministry of State for Environmental Affairs. Egyptian Environmental Affairs Agency: Annual Report 2000-2001.

United Nations. Johannesburg Summit. Country Profile: Egypt. New York: 2002. http://www.citet.nat.tn/pdfs/wssd-country-profile-egypt.pdf

Mobarak, A. The Challenges of Sustainable Industrial Development in Egypt. Cairo: 2001. http://www.unido.org/userfiles/timminsk/RIO10-IND-egypt-eng.pdf

Websites (European Union) http://www.dellbn.cec.eu.int/english/resume.htm (CITET website) http://www.citet.nat.tn/english/citet/metap/eie-doc-

egypte.html (Egyptian Environmental Affairs Agency) http://www.eeaa.gov.eg

E1.8 DONOR AND DEVELOPMENT BANK ACTIVITIES

The environment sector has attracted considerable donor support over the past decade, amounting to over $200 million. The largest donors have been USAID and KfW, others including EU, EIB, the World Bank, DANIDA, JICA, Arab Funds, CIDA, DFID and the Swiss Fund for International Development Assistance.

E1.8.1 DFID

DFID has funded environmental management in Egypt through its Support for Environment Assessment and Management (SEAM) Programme. SEAM I (1994-

(10) http://www.eeaa.gov.eg/Epap/projects.htm


22

1999 - £4.64 million) built environmental capacity and demonstrated the tangible benefits of improved environmental management and SEAM II (2000-2004 - £5.7 million) is improving environmental planning and services for the poor and strengthening decentralised environmental management.

E1.8.2 European Union

The major EU projects come under the Country Strategy Paper, with a budget of 351m Euros for 2002-2006, and the National Indicative Programme. In general, however, the EU-funded programmes lack any environmental dimension and environmental issues have often received scant attention. On the other hand, the EU has recently set up an Environment Group that meets in Cairo to ensure that donor efforts are co-ordinated and that environmental issues are given more attention. All major donors participate, with the exception of the World Bank (the reasons for their absence are not clear).

E1.8.3 European Investment Bank (EIB)

The EIB’s role as a major source of finances for the development of the Mediterranean region has been expanding. The main emphasis is on private sector investment and projects with a regional dimension, particularly in the environmental, energy and infrastructure sectors. For example, in 1996, 105m Euros were made available to Egypt in the field of environmental protection, for wastewater collection and treatment schemes in Cairo and to finance pollution control equipment in the industrial sector.

E1.8.4 USAID

USAID is currently funding the $60 million Cairo Air Improvement Project and has a $170 million programme spread across the EEAA, Ministry of Tourism and the Ministry of Petroleum. The majority of the funds are directed to the Egyptian Environmental Policy Project, which is providing technical assistance for reforming environmental policy and further decentralising environmental management.

E1.8.5 KfW

KfW largely supports work in the water and wastewater sector, particularly in Upper (southern) Egypt by providing technical assistance and soft loans for water and wastewater infrastructure projects.

E1.8.6 World Bank

The World Bank funds the $40 million Egyptian Pollution Abatement Project, which provides technical assistance in cleaner production and pollution abatement technology and provides loans to industry for the implementation of such projects. In addition the project is providing technical assistance for


23

strengthening three of the EEAA’s RBOs and four EMUs. The Bank has also recently funded the Egyptian Energy-Environment Review ($250,000), which aims at making environment a factor in the determination of energy policy from the beginning of policy design. The World Bank is currently (2002/2003) revising its country environmental analysis for Egypt; it is not yet known when the results of this analysis will be available.

E1.9 OPPORTUNITIES FOR FURTHER CO-OPERATION WITH THE EUROPEAN UNION

E1.9.1 Current EU funding for environmental protection in Egypt

Since 1978 the European Investment Bank (EIB), the long-term financing institution of the European Union (EU), has committed more than EUR 1 500 million for the purpose of financing capital projects in Egypt essential for the country’s economic development. Particular emphasis is being given to supporting industrial development, through financing large scale industrial schemes, as well as global loans to the Egyptian banking sector for on-lending to small and medium sized enterprises investing in medium to long term productive projects. Under EuroMed (1997-1999), a particular emphasis was given to supporting transport, industrial and environmental projects, as well as supporting investing SMEs. Most recently, the EIB granted a loan of EUR 50 million to Egypt for partial financing of a new drainage programme in the Nile Valley and Delta regions. The loan is made available under the second Euro-Mediterranean Partnership mandate and, given the project's environmental orientation, will benefit from an interest subsidy financed from the Community Budget. In addition to financing environmental protection projects, in 1990 the Bank helped to launch the ”Mediterranean Environmental Technical Assistance Programme” (METAP). Over ten years, the Bank put up nearly EUR 15 million in the form of grants for technical assistance and preparation of environmental EIB contributes primarily towards building a closer-knit Europe, particularly in terms of economic integration and greater social cohesion.

E1.9.2 Likely future co-operation with EU

There are several potential opportunities, in addition to the ongoing EU-funded initiatives, in which the EU could assist Egypt in building institutional capacity for environmental management. These include: Providing technical assistance to the EEAA for training more staff in

industrial pollution control, as there is currently a lack of skilled government personnel;


24

Providing funds for research and development in the technology and energy sector, looking at renewables, energy efficient technology and monitoring devices; and

Encouraging public-private partnerships through forums and workshops with a specific focus on private contributions to the environmental sector (energy and natural resource management).

CONTENTS

E1 INSTITUTIONAL AND LEGISLATIVE FRAMEWORK FOR ENVIRONMENTAL MANAGEMENT IN EGYPT 2

E1.1 INTRODUCTION 2 E1.2 LEGISLATIVE FRAMEWORK 2 E1.3 INSTITUTIONAL FRAMEWORK FOR ENVIRONMENTAL MANAGEMENT 9 E1.4 MAIN ENVIRONMENTAL ISSUES FACING EGYPT 12 E1.5 CHALLENGES AND OBSTACLES 18 E1.6 EXISTING PROJECTS AND PROGRAMS 19 E1.7 EXISTING ANALYTICAL REPORTS ON ENVIRONMENTAL ISSUES 21 E1.8 DONOR AND DEVELOPMENT BANK ACTIVITIES 21 E1.9 OPPORTUNITIES FOR FURTHER CO-OPERATION WITH THE EUROPEAN UNION 23

Annex F

Israel

F1 INSTITUTIONAL AND LEGISLATIVE FRAMEWORK IN ISRAEL

F1.1 INTRODUCTION

This country report looks at the current environmental legislation in Israel, providing an overview of the institutional legal framework that supports it. Existing environmental problems and legislative challenges are discussed with particular reference to wastes, water, air quality, IPPC and Environmental Impact Assessment.

F1.2 OVERVIEW OF CHALLENGES

The Israeli Government has introduced much environmental legislation since 1940, and since the establishment of the Ministry of Environment in 1973 administration of environmental legislation has become much more efficient. However, fragmentation of authority and a lack of connectivity between different Ministries responsible for important pieces of related legislation still remains a problem, as does enforcement. In addition to this, the Ministry is currently experiencing a budget cut and deficit making their work even more restricted. Further more, legislative conflict with the Palestinian Authority acts as a limitation to effective legislation. Israel and Palestine exist on the same piece of land, so that where one environmental issue exists on one side it may affect the other. For example, activities carried out by the State of Israel for example may be conflicting or harming to the Palestinian authority, economy and people even though the Israeli Ministry of Environment has within its institutional set-up organizations that serve the Arab sector. Existing Israeli environmental legislation and the institutional set up in the country are discussed in the following sections.

F1.3 EXISTING REGULATION

Israel's environmental legislation is well developed meeting most environmental needs. They make use of all forms of legislative instrument – laws, regulations, administrative orders and bylaws – and have linked these, where applicable to international environmental agreements. Israel’s environmental legislation is characterized, inter alia, by the fact that it is enforced through administrative, civil and criminal defenses. The country’s environmental legislation encompasses laws for the protection of nature and natural resources (air, water and soil), for the abatement and prevention of environmental nuisances (prevention of air, noise, water and marine pollution), and for the safe treatment of contaminants and pollutants (hazardous substances, radiation and solid and liquid waste).

Alongside laws and regulations dealing with specific environmental issues, Israel's legislation includes comprehensive laws, such as the Planning and Building Law and the Licensing of Businesses Law, which provide a further framework for controlling the use of resources and promoting sustainable development. Following is a short summary of Israel’s major laws and regulations relating to waste, water, air quality, integrated pollution prevention and control and environmental impact assessment. The year of enactment is included. It should be noted that this listing only includes laws and regulations which are under the responsibility of the Ministry of the Environment.

F1.3.1 Wastes

Legislation related to waste management is well developed in Israel. The list below identifies waste-related legislation in chronological order. Maintenance of Cleanliness Law, 1984:

This law prohibits littering or the disposal of waste, building debris and vehicle scrap into the public domain. Maintenance of Cleanliness Regulations (Cleanliness Maintenance Fund), 1986:

These regulations relate to the administration of the Maintenance of Cleanliness Fund, prevention of littering, promotion of educational and information activities, inspection and law enforcement. Maintenance of Cleanliness Regulations (Cleanliness Maintenance Fee), 1987:

These regulations impose a cleanliness maintenance fee on manufacturers and importers of beverage containers as follows: Manufacturers – a fee at the rate of 0.25% of the total sales of beverage containers. Importers – a fee at the rate of 0.25% of the import value of beverage containers, as determined for the purposes of customs duty. Maintenance of Cleanliness Regulations (Vehicle Signs), 1987:

These regulations relate to the requirement in the Maintenance of Cleanliness Law to affix visible signs indicating the prohibition to throw waste from a vehicle in buses, taxis, public vehicles and commercial vehicles. Prevention of Marine Pollution from Land-Based Sources Law, 1988:

Prohibits the dumping or causing to flow into the sea of waste or sewage from a land-based source, in order to dispose of them in the sea, directly or indirectly, except under a permit pursuant to the law and regulations promulgated under the law. Also sets out certain types of waste for which it is prohibited to issue a permit.

Abatement of nuisances (Prevention of Unreasonable Air and Smell Pollution from Solid Waste Disposal Sites) Regulations, 1990:

These regulations obligate operators of solid waste disposal sites to maintain and operate such sites in a manner which will prevent unreasonable air and olfactory pollution and to undertake steps to prevent such pollution. Public Health Regulations (Prevention of Nuisances) (Removal of Plastic Sheets), 1993:

These regulations prohibit the burning of plastic films used in greenhouses and as plastic covering in agricultural fields and require their collection at the edge of the field for recycling or their transport by the owner to a landfill. Hazardous Substances Law, 1993

Provides the Ministry of the Environment with authority for comprehensive management of hazardous substances, including licensing, regulation and supervision of various aspects of their production, use, handling, storage, marketing, import, export and transport. Establishes a licensing system and provides various enforcement tools, including heavy fines and punishments. Collection and Disposal of Solid Waste for Recycling Law, 1993

Provides the principles and framework for recycling, authorizes local authorities, and obligates them, when so required by the Minister of the Environment, to allocate sites for recycling centers and to install recycling facilities and containers. Municipalities are authorized to pass bylaws specifying procedures for the collection and disposal of waste for recycling. Business and home owners within a municipality operating recycling centers are required to install and maintain recycling containers in accordance with municipal directives. Criminal Procedure Order (Finable Offenses – Maintenance of Cleanliness), 2000:

A variety of cleanliness offenses under the Maintenance of Cleanliness Law. The order increases the number of offenses for which fines may be imposed and sets different fine levels for individuals and corporations as well as for repeated offenses and for different areas in which the offense is committed. Hazardous substances (Disposal of Radioactive Waste) Regulations, 2002.

These regulations, promulgated by the Minister of the Environment in consultation with other relevant ministries, were promulgated in February 2002 and came into effect in April 2002. They regulate the treatment and disposal of radioactive waste by setting prohibitions, obligations and limitations on the disposal of different types of radioactive wastes - solid, liquid, sealed and unsealed. Radioactive waste must be disposed either to the national repository for radioactive waste or to municipal waste sites following specific steps to bring the wastes to a level that is permitted for safe disposal. Additional prohibitions or limitations are set on burning radioactive waste,

disposing of animal carcasses containing radioactive waste, and disposing of liquid radioactive waste to the sewage system. Holders of radioactive waste are required to keep careful records on radioactive wastes and the manner of their disposal. In addition to the legislation listed above, the Ministry of the Environment has formulated a policy founded on integrated waste management in order to facilitate solid waste management. The policy calls for reduction of waste at source, reuse, recycling (including composting), waste-to-energy technologies, and landfilling. The policy sets out the following challenges: ‘to increase recovery and recycling and to reduce the total quantity of waste that the country generates, in general, and the quantity reaching landfills, in particular, without adversely impacting the environment’. Although landfilling remains the most prevalent method of waste disposal in Israel today, accounting for some 80% of the waste produced, the Ministry of the Environment has set the following targets for waste recycling and recovery: 35% by 2005 and 50% by 2010.

F1.3.2 Water

Related legislation is well developed in Israel, water being one of Israel’s most limited resources. The Water Law of 1959 establishes the framework for the control and protection of Israel's water resources. The law states that all water sources in Israel are public property and that every person is entitled to use water, as long as that use does not cause the salination or depletion of the water resource. In 1971, the law was amended to include prohibitions against direct or indirect water pollution, regardless of the state of the water beforehand. The Minister of the Environment is authorized to protect water quality, to prevent water pollution, and to promulgate regulations on these issues. The following list identifies water related laws and regulations. Water Law, 1959:

The Water Law of 1959 establishes the framework for the control and protection of Israel's water resources and includes water pollution prevention provisions, water rights, water conservation, and re-use of treated wastewater. Numerous regulations have been promulgated pursuant to this law. Additional laws deal with the prevention of sewage and effluent discharge into water sources. Local Authorities (Sewage) Law, 1962:

This law prescribes the rights and duties of local authorities in matters concerned with the design, construction and maintenance of sewage systems. It requires local authorities to establish and properly maintained sewage systems. New sewage systems must be approved by regional planning commissions and by health and environmental authorities.

Streams and Springs Authorities Law, 1965:

The Minister of the Environment and the Minister of the Interior, are to establish an authority for a particular river, spring or any other water source. Such authorities are empowered to undertake steps to protect and conserve the stream and its banks, to abate nuisances and prevent pollution. Water Regulations (Prevention of Water Pollution) (Rinsing of Containers for Spraying), 1991:

These regulations prohibit anyone from emptying or rinsing chemical and/or biological substances or their residues from sprayers, collection tanks or any other installations into a water source, either directly or indirectly. Water Regulations (Prevention of Water Pollution) (Spraying Near Water Sources), 1991:

These regulations prohibit aerial spraying of biological and/or chemical substances for agricultural purposes near a water source. Water Regulations (Prevention of Water Pollution) (Gasoline Stations), 1997:

These regulations, under the Water Law and the Licensing of Businesses Law, require specific conditions for the establishment and operation of gas stations.

F1.3.3 Air quality

In recent years, Israel has become more aware of the need to reduce air pollution from all sources – transportation, electricity production, industry and quarrying operations. At the same time, efforts have been invested in implementing the provisions of international convention on ozone depletion and climate change. The Abatement of Nuisances Law of 1961 is the principal legislative instrument for controlling air pollution. The law authorizes the Minister of the Environment to promulgate regulations defining what constitutes unreasonable air pollution and to issue administrative orders against specific polluters. Abatement of Nuisances Law, 1961:

It is the principal legislative instrument for controlling air pollution (English Version last updated 1993). Abatement of Nuisances Regulations (Air Quality), 1992:

Ambient air quality standards were first issued under the Abatement of Nuisances Law in 1971 and were revised in 1992. The regulations provide maximum and annual and/or hourly average ambient air concentration levels for ozone, sulfur dioxide, carbon monoxide, nitrogen oxides, sulfate, settling dust, phosphate, suspended particulate matter, respirable particulate matter, three metals in particulate matter and eight air toxins.

Criminal Procedure Order (Finable Offenses – Air Pollution from Vehicles on the road), 2001:

The law is intended to provide for efficient enforcement of the regulations on pollution from vehicles on the roads. Additional Nuisances Abatement Regulations:

Regulations on Air Pollution from Premises, 1962, Regulations on Air Pollution from Vehicles, 1963, Regulations on Emission of Particulate Matter in the Air, 1972 Regulations on Air Pollution from Heavy Fuel Oil Burners used for Household Heating, 1972 Regulations on Prevention of Unreasonable Air and Smell Pollution from Solid Waste Disposal Sites, 1990 Regulations on Used Oil, 1993 Regulations on Prevention of Air Pollution and Noise from Quarries, 1998. International Convention and Protocols

Israel is signatory to a number of international conventions and protocols. These include:

• United Nations Framework Convention on Climate Change, 1992; • Vienna Convention for the Protection of the Ozone Layer, 1985; and • Montreal Protocol on Substances that Deplete the Ozone Layer, 1987

F1.3.4 Integrated Pollution Prevention and control

There is no specific legislation in Israel for Integrated Pollution Prevention and Control. However, the Ministry of Environment has written within it’s policy that ‘Environmental management will be based on a comprehensive and integrated approach which takes account of impacts on the totality of resources’ The Ministry aims to incorporate environmental considerations at the outset into planning and implementation systems and it is recognized that policies need to be appraised to ensure that solutions for one sector will not merely displace nuisances from one locality to another.

F1.3.5 Environmental Impact Assessment and Public Participation in Environmental Decision Making

Planning and Building Regulations (Environment Impact Statements), 2003:

Israel’s Minister of the Interior has signed new regulations on environmental impact assessment (EIA), which will replace the previous 1982 regulations. The new regulations, which will come into effect at the end of September 2003, are expected to improve the operation of the EIA system in Israel and to help incorporate environmental considerations in the earliest stages of the planning process. The regulations, which were drafted by the Ministry of the Environment in co-operation with the Ministry of the Interior (and in consultation with the National Planning and Building Board), are based on the

experience gained in Israel over the past two decades and on a review of EIA systems in developed countries. Many of the provisions are already in practice in Israel, but were not previously incorporated into the regulations. As the Regulation has not yet been made available on the MoE website a description of the 1982 Regulation is provided below. Planning and Building Regulations (Environment Impact Statements), 1982:

These regulations are meant to ensure that at all stages and all levels of the planning process, major development plans (as defined in the regulations) undergo environmental assessment. Plans that require an environmental impact statement (EIS) include the following: • Plans that are specifically enumerated in the regulations: power stations,

airports, seaports and hazardous waste disposal sites; • Plans which, in the opinion of the planning authority, may have significant

environmental impact: landing strips, marinas, national water supply arteries, dams and reservoirs, wastewater treatment plants, mines and quarries, and waste disposal sites as well as industrial plants situated outside designated industrial zones;

• Plans which, in the opinion of a planning authority or a ministerial representative in a planning authority, are expected to have significant environmental impacts.

The regulations require an EIS to include five chapters and to be prepared according to guidelines issued by the planning authority. Following an EIS review, conclusions are drawn and the necessary instructions are included in the provisions of the plan. The Ministry of the Environment prepares the EIS guidelines on behalf of the planning authority. Project-specific guidelines are prepared for each EIS, but there are similarities among EISs for similar types of projects such as roads, quarries, airports, power plants, etc. Public Participation in EIA

Although existing in the Israeli planning and building process, and applying also to the EIA process, public participation is limited to certain stages in the planning and building procedure and cannot fully serve its goals. Further consideration of ways and methods to increase effective citizen participation in the EIA system within the planning and building process needs to be considered. Public Participation in Environmental Issues

Despite the failings in the EIA process for public participation, in Israel there are moves being made to encourage public involvement in the enforcement of environmental litigation. An important development in this was the enactment of the Abatement of Nuisances (Civil Action) Law in 1992 with the express purpose of enabling both public organizations and private individuals

to participate in the enforcement of environmental legislation. The intent of this law is to empower the public to sue polluters directly for prevention or abatement of environmental pollution. A recent law passed is the following: Representation of Environmental Public Bodies Law (Legislative Amendments), 2002

The purpose of this law, which was published in November 2002 and came into force in January 2003, is "to add representatives of public bodies concerned with environmental protection to committees established by law for the purpose of emphasizing environmental considerations in these committees in order to protect and preserve the environment and to prevent damage to the environment." The addendum to the law specifies these environmental public bodies as Life and the Environment, Israel Union for Environmental Defence, The Society for the Protection of Nature in Israel and the Jewish National Fund. The law, which was initiated and submitted by the country's "green bodies," should significantly advance the representation of the public and of the environmental interest in the relevant committees. Another feature of Israeli law entitles the private citizen to file a criminal action against a polluter within the framework of several environmental laws. Despite these provisions, there remains a general lack of public participation in pursuing court litigation in cases of environmental abuse and lack of awareness and involvement among administrative and governmental agencies in enforcing and implementing environmental standards and laws remain major impediments. In addition to steps to improve public involvement in enforcement, The Ministry of the Environment formulated a set of environmental policy guidelines in 2000 which included a commitment to increase public participation in environmental issues. It is planned that steps to deepen public participation through integrated activity will be achieved in the following ways:

• Cultivating environmental values and behavioural norms based on protecting the environment and working on its behalf;

• Recruiting corporations and organizations as active partners in environmental issues;

• Harnessing local authorities to cultivate environmental quality for the benefit its residents.

F1.4 PRINCIPAL CHALLENGES FACING ENVIRONMENTAL LEGISLATION

Challenges facing environmental legislation in Israel include a lack of national policy, fragmentation of authority and a lack of connectivity between the different Ministries responsible for implementing different pieces of related legislation.

For example, related to water: on the one hand, all water resources in Israel belong to the state. On the other hand, a patchwork of authorities, many with vested or conflicting interests, is responsible for water management. On the ministerial level alone, these include the Ministry of Health (drinking water quality and quality of effluents for irrigation), Ministry of Environment (prevention of pollution to water sources), Ministry of Finance (water pricing), Water Commission in the Ministry of National Infrastructures (water quantity, production and supply), Ministry of Agriculture (drainage authorities and agricultural use of water), and Ministry of the Interior (water and sewage supply and treatment in local authorities). Enforcement issues are also a challenge facing environmental legislation, for without this any laws become ineffective. An identified shortcoming of enforcement capabilities of the Ministry of the Environment includes a lack of deterrence measures. Measures are being taken to increase penalties to make non-compliance non-profitable, and to introduce voluntary enforcement procedures such as ISO 14000 accreditation and negotiated rulemaking but further work is needed in this area. Another challenge facing environmental legislation is the budget deficit experienced by the Ministry of Environment. Without adequate funding being made available then it will not be possible for legislation to be enforced.

F1.5 INSTITUTIONAL SET-UP

Up until 1973 responsibility for the environment was divided among several ministries in Israel. However, this changed in December 1988, with the establishment of a Ministry of the Environment (MoE) in Israel. The MoE operates on three different levels—national, regional and local. At the national level, the ministry is responsible for formulating an integrated and comprehensive national environmental policy and for developing specific strategies, standards and priorities for environmental protection and resource conservation. The MoE currently has full or partial authority for twenty-four laws and fifty-six regulations. At the regional level, the ministry operates through six regional offices. Each functions according to its specific environmental requirements and is responsible, inter alia, for implementing national environmental policy, participating in land-use planning processes, guiding local environmental units, inspecting and enforcing environmental legislation in local authorities, formulating environmental conditions for business licensing and advancing environmental projects to solve regional problems. At the local level, the ministry is professionally responsible for the operation of 39 municipal environmental units, regional environmental units and associations of towns for the environment, eight of which serve the Arab sector. Municipal environmental units implement ministerial policy on the local level and serve as advisory bodies to the local authority on

environmental issues. They serve more than 120 local authorities with a population of some 4.5 million. The Minister of the Environment also has ministerial responsibility for the following bodies: • Yarkon River Authority • Kishon River Authority • Nature and Parks Authority • Environmental Services Company

F1.5.1 Other ministries are also involved in the management of Israel’s environment:

Ministry of Interior:

This Ministry plays a central role in a wide range of environmental issues, especially land-use planning (e.g. preparation of national master plans) and local government. Ministry of national infrastructure:

This Ministry is responsible for planning and developing national infrastructures, the most important of which are the country’s water and energy resources. Specifically, it is responsible for developing water and wastewater resources (including alternative water sources such as desalination). Ministry of Health:

This Ministry is involved in preventative environmental health services (monitoring and preventing environmental health hazards) and in protecting public health. It is responsible for the country’s drinking water quality and for monitoring and regulating chemical s and pesticide residues in food. Ministry of construction and housing:

The ministry’s environmental aims include: planning and development of complete residential areas; including public institutions; commercial space; and recreational and leisure facilities; provision of sanitation infrastructure (trash disposal; pollution and noise prevention in residential zones); and development of national, regional, and local road networks for vehicular traffic. Ministry of Agriculture and rural development:

The ministry recently has broadened its environmental concerns to include integrated pest management, organic agriculture, and promotion of sustainable agriculture.

Ministry of industry and trade:

The ministry is responsible for industrial development and for funding industrial research, including environmental research and technology through the office of the chief scientist. Ministry of Tourism:

Its planning division is composed for an interdisciplinary staff whose job is to prepare master plans which balance conservation of environmental assets with development of tourism. Ministry of transport:

The ministry has prepared a national master plan for land transportation which includes environmental principles. It also participated in the process of preparing a sustainable transport policy for Israel. Ministry of labor and social affairs:

The occupational safety and hygiene institute is responsible for promoting safety and hygiene in the workplace, including the preparation of risk surveys. Ministry of science: This Ministry is responsible for the consolidation, improvement and expansion of basic, applied, and technological research including environmental research. Ministry of Justice:

The ministry provides assistance and guidance to the legal advisors of government ministries and other public bodies and supervises the process of drafting legislation, including environmental legislation. The Prime Minister’s office:

The office has a central bureau of statistics (CBS), it has begun to process and to publish data on Israel’s environment and environmental indicators. Ministry of Foreign affairs:

This Ministry is responsible, inter alia, for international environmental conventions and, through its center for international co-operation (MASHAV), for a wide variety of environmental training programs in Israel and overseas on such subjects as agriculture, water management, citizen empowerment and energy conservation.

Figure 1.1 Organogram

Minister

Director General

EnvironmentalServices Co.

Nature & ParksAuthority

Yarkon RiverAuthority

Kishon RiverAuthority

Chief Scientist Spokes person Internal Auditing Legal Division Accountant

Vice Director-General

Deputy DirectorGeneral,

Infrastructure


Law Enforcement

Deputy DirectorGeneral,Industries


Planning & Policy

Deputy DirectorGeneral.

Administration &Human Resources

Education &Information

EnvironmentalUnits

EconomicsRegulations&Information

Community &NGOs

Internet

Solid WasteDisivion

Recycling

Landfills

Agro-EcologyDivision

Pest ControlDivision

Pest Control

Water & StreamsDivision

MunicipalSewage

River Restoration

MonitoringSections

EnforcementCoordination

Division

CleanlinessTrustess

Finable OffenseSystem

EnvironmentOfficers Israel

Police

InspectionDivision Green

Police

Vehicle PollutionInspection

Marine andCoastal

EnvironmentDivision

Land-BasedPollution

Eilat MarinePollution

PreventionStation

Pubilc Relations&publications

Animal WelfareSystem

HazardousSubstances

Division

EmergencyResponseSystem

Hazardous Waste

Poisons Permits

Information &ResponseSystem

HazardousSubstancesStudy Center

Industry&BusinessLicensingDivisionNoise &

RadiationAbatement

Division

Noise Abatement

Artificial IonizingRadiation

Non- IonizingRadiation

IndustrialEffluents, Fuels

and soil Pollution

Air QualityDivision

Industry

Transportation

Energy

National AirMonitoring Center

Asbestos &Service Division

EnvironmentalPlanning Division Budget

NationalInfrastructure

Planning

EnvironmentalImpact

Assessment

GeographicInformation

System

Open Spaces

UrbanEnvironment &

SustainableDevelopment

InternationalRelations Division

Accountant

HumanResources

Welfare Training

MaterialResources

Database Division

Security

Accountant General(Treasury)

Structure of the Ministry of the Environment

F1.6 INSTITUTIONAL CHALLENGES

The ministry of Environment has a wide range of tasks it operates on three different levels. These levels are organised in a way that allows other institutions to co-operate with the ministry. These institutions include other ministries, local authorities, and non-governmental organizations and include those from both the State of Israel, and the Palestinian Authority. However, since the institutional set-up includes many authorities and departments, the responsibilities they have are often overlapping and not well defined. This results in data which may be conflicting and not compatible.

F1.7 FUNDING FOR ENVIRONMENTAL MANAGEMENT (INVESTMENTS)

In 2002 the Ministry of Environmental employed over 500 employees. The ministry’s budget reached the equivalent of about NIS 237 million (about $50 million) in 2002, although this is still inadequate to meet the critical environmental needs of Israel. Budgetary cuts are continuing, increasing the budgetary deficit and making to job of the MoE more difficult. However, the newly appointed Minister of the Environment, Prof. Yehuduth Noat, is committed to moving towards implementing pollution prevention measures rather than end of pipe solutions. While no precise figures could be found, investment in industry is made in the following order of priority: Air, Industrial Waste, Other, Recycling, Hazardous Waste, and Solids.

F1.8 EXISTING ENVIRONMENTAL PROBLEMS

Like all countries Israel has a number of environmental issues which it needs to tackle. These are identified in this section.

F1.8.1 Air pollution

Israel’s major cities, West Jerusalem, Tel Aviv, and Haifa, as well as industrial centers like Ashdod, face severe air pollution problems, primarily from industrial and automobile emissions. Israel's Ministry of the Environment and other environmental groups recently conducted a study that indicates that in Tel Aviv and Ashdod alone 1,400 Israelis die each year from exposure to air pollution. The report also indicates that all Israeli monitoring stations report air pollution values double or more the Israeli standard and estimates that this will lead to a doubling of the air pollution death rate in the near future. One out of six Israeli children already suffers from asthma. It is estimated that if current trends continue, some aspects of the air quality in Jerusalem could be as bad as those in Mexico City by 20101. The problem of pollution from automobile emissions is compounded because of the

(1) 1 Professor Menachem Luria, Chair of Hebrew University's Environmental Science Department

overwhelming dependence on diesel fuel, which is cheaper than alternate fuels, but more harmful as a pollutant.

F1.8.2 Water shortages

Severe water shortages potentially threaten Israel’s existence. Israel is a semi-arid country where no rain falls for at least six months a year. Israel’s main water sources are expected to continue to decline, endangering drinking water quality, and raising the spectre that it will soon not be possible to supply sufficient drinking water.

F1.8.3 Water pollution

It is estimated that more than half of Israel’s drinking water wells are significantly polluted. Most of Israel’s streams and rivers are much more polluted than rivers in North America and Europe.

F1.8.4 Waste disposal

There is a solid waste crisis in Israel due to increasing amounts of rubbish and the country’s meagre land resources. Many rubbish disposal sites were poorly designed and managed and many are also at or near their full capacity. Over 90 percent of Israel’s solid waste is still buried in landfills, left to rot in rubbish dumps, or burned in open air pits throughout Israel. Only about five percent of the country's garbage is recycled. In 2000, then Israeli Environmental Minister Dalia Itzik stated that she regards waste disposal as Israel’s number one environmental problem.

F1.8.5 Population density and open space

Israel is one of the world's most-densely populated countries having a population density greater than that of India, and it is quickly approaching that of Japan. This has resulted in a shortage of open space and recreational areas. A recent nationwide demographic and developmental study prepared for the government concluded that some 60% of the Galilee would be under asphalt in less than 25 years, compared to only 12% today. Municipal and industrial development has encroached the borders of the Jerusalem Forest, the largest planted forest in Israel and one of the last green areas around Jerusalem.

F1.9 EXISTING ANALYTICAL REPORTS ON ENVIRONMENTAL LEGISLATION AND POLICY

F1.9.1 EIA in Israel

Israel Environment Bulletin Autumn 1994-5755, Vol. 17, No. 3 A decade’s experience in implementing a land-use environmental impact assessment system in Israel. http://www.israel-mfa.gov.il/mfa/go.asp?MFAH0at60

F1.9.2 Ministry of Environment Website

The Ministry of Environment has a very comprehensive website from which much of the information in this report has been taken. While it does not contain analytical reports per se, it does provide environmental reports. URL: http://www.environment.gov.il/Enviroment/bin/en.jsp?enPage=e_homePage&enDisplay=view&enDispWhat=Zone&

F1.10 EXISTING PROJECT

Table 1.1 Existing project


Sakhnin Center as a Model for Environment Education and International Co-operation on Advanced Wastewater Treatment (A-WWT) in Rural Areas

The Sakhnin Regional Demonstration Center (SRDC) was the first one of its kind in the Arab community of Israel and has several activities ongoing including environmental planning, education and WWT. The SRDC’s activities are based around operation of the local WWT plant, which treats effluent from about 70% of local households.

1/1/2004 to 31/12/2006

Total 635,446.00 LIFE 433,048.00

Regional project for development of marine and coastal protected areas in the Mediterranean Region

To prepare ad launch co-operative operational arrangements to combat medium-and large-scale oil spills which may threaten the territorial waters of one or more of the parties. It’s a trilateral agreement between Israel, Cyprus, and Egypt.

30/12/9 to 31/12/00

Total 699,200.00 LIFE 692,800.00

Restoration and conservation of Fauna and Flora in the re-flooded Hula Wetland Habitat

Its objectives were re-flooding part of the Swamp area, which has created opportunity to restore some of the features that were lost by drying the largest wetland system in Israel.

01/11/97 to 31/1/01

Total 394,339.29 LIFE 197,169.65

Centralized treatment of Organic waste in the Galilee Panhandle

Provide a technical solution for the disposal of the organic farm waste and municipal fibrous waste from the region. Building a centralized site for the treatment of dairy and poultry manure as well as municipal fibrous wastes.

01/09/98 to 31/08/00

Total 421,946 LIFE 210,973.00

Restoration of rivers in Israel’s coastal plain

A national action plan for restoration of Israel’s rivers that will include a survey on all major sources of pollution, surveys of the ecology, natural, and cultural resources of lands.

15/03/98 to 01/11/00

Total 530,019.05 LIFE 265,009.52

Municipal Solid Waste management- a demonstration project in Kiryat Tivon

To demonstrate the feasibility of a source separated collection and procession of wet compostabel and dry streams

01/7/1998 to 30/06/2001

Total 588,910.06 LIFE 294,455.03

Development of multi-scheme urban reuse treatment methodology

To provide a reference document for Mediterranean towns. Methodology for cities to design and manage urban refuse collection, transfer and treatment and carry out related educational activities.

102/96 to 31/12/99

Total 302,487.95 LIFE 211,741.57

Development of port State control capacity in South/ Eastern Mediterranean countries

To enhance the safety and protection of the marine countries in the Mediterranean region by helping the regions countries to adopt and enforce that resolution.

01/07/96 to 30/09/98

Total 585,705.22 LIFE 499,855.14


Envimed (I) Amelioration and protection of the environment in coastal cities of the Mediterranean basin, as well as reinforcement of the technical and institutional capacity within the municipalities for environmental management.

1/04/95 to 1/04/97

Total 978,114.70 LIFE 622,506.08

Envimed (II) Evaluation of the environmental situation in two towns of the network and of the priority levels of the problems. Information and awareness- raising of those involved in the towns. Co-ordination, observation and monitoring of the environment.

20/02/98 to 31/10/99

Total 567,880.00 LIFE 842,700.00

Indicators for sustainable development in the Mediterranean region

Produce indicators corresponding in the priority actions of the Mediterranean policies for environment and sustainable development, developed and validated by the countries bordering the Mediterranean sea.

01/0//97 to 01/01/00

Total 774,000.00 LIFE 766,000.000

F1.11 LIKELY FUTURE CO-OPERATION WITH THE EU

The European Union (EU) has taken an active part in environmental activities in the Middle East and in Israel within the framework of an environmental section included in the agreement of co-operation between the State of Israel and the EU. The EU has allocated funds for the joint financing of several environmental projects in Israel within the framework of its LIFE 3rd countries program. These have included projects on restoration and conservation of fauna and flora in the reflooded Hula Wetland.

CONTENTS

F1 INSTITUTIONAL AND LEGISLATIVE FRAMEWORK IN ISRAEL 2

F1.1 INTRODUCTION 2 F1.2 OVERVIEW OF CHALLENGES 2 F1.3 EXISTING REGULATION 2 F1.4 PRINCIPAL CHALLENGES FACING ENVIRONMENTAL LEGISLATION 9 F1.5 INSTITUTIONAL SET-UP 10 F1.6 INSTITUTIONAL CHALLENGES 14 F1.7 FUNDING FOR ENVIRONMENTAL MANAGEMENT (INVESTMENTS) 14 F1.8 EXISTING ENVIRONMENTAL PROBLEMS 14 F1.9 EXISTING ANALYTICAL REPORTS ON ENVIRONMENTAL LEGISLATION AND POLICY15 F1.10 EXISTING PROJECT 16 F1.11 LIKELY FUTURE CO-OPERATION WITH THE EU 17


1

Annex G

Jordan


2Environmental Resources Management European Union - DG 2

G1 INSTITUTIONAL AND LEGISLATIVE FRAMEWORK IN JORDAN

G1.1 INTRODUCTION

The Hashemite Kingdom of Jordan is bordered by Syria, Iraq, Saudi Arabia and Israel and the West Bank. The Gulf of Aqaba, Jordan’s only outlet to the sea, is to the south. The country is comprised of three distinct geographic regions and climates: the highlands, the Rift Valley, and the Badia, a semi-arid region in eastern Jordan. This country report looks at the current environmental situation in Jordan, providing an overview of the institutional legal framework that supports it. Existing environmental problems and legislative challenges are discussed with particular reference to wastes, water, air quality, IPPC and Environmental Impact Assessment. In order to understand the current set up of the institutional and legislative framework related to environmental protection in Jordan, it is important to highlight the key stages in its evolution. It is possible to distinguish three different stages that have been involved in this process and these are outlined below:

G1.1.1 Stage 1 - Centralized government and dispersion of environmental laws and institutions.

This stage stretched chronologically from the foundation of the Kingdom in 1946, till the 1980’s. During this stage environment related institutions were concentrated in public departments (health, agriculture, water, etc) and functioned according to their respective legislation and bylaws, many of which are in force today;

G1.1.2 Stage 2 - Development of civil society and general environmental awareness.

This was the stage when civil society institutes started emerging and began to have an increased role. For Example, in 1966 the Royal Society for the Conservation of Nature ( (RSCN) was established as the first such body and is one of the few bodies in the Middle East to be mandated by their national government to carry out officially the service of protecting Jordan’s nature and wildlife and setting up protected areas. Further NGOs NGOs were set up, especially in the late 80s and early 90s with the Jordan Environment Society (JES), being amongst them. Following the Rio Summit of 1992, there was increased funding for environmental projects and many more NGOs were established. During this time there were few changes on the level of governmental institutions, since legislation and responsibility for environmental protection stayed dispersed among the many public departments. Nevertheless, there was tendency to increase the responsibility of the environment department within the Ministry of Municipal, Rural



Affairs, and Environment, and thus in 1995, the Environmental Protection Law was enacted to establish the General Corporation for Environmental Protection (GCEP);

G1.1.3 Stage 3 - Establishment of the Ministry of Environment in 2003

Even though the environmental protection law (1995) gave GCEP the jurisdiction to issue environmental regulations and instructions and provided the needed legislative cover for it to fully perform its environmental protection role, in reality, the experience of the first 5 years of its operation showed that GCEP was not operating efficiently. This was due to bureaucratic hurdles, lack of expertise, and the centralisation of authority to the Ministry of Rural Affairs and Environment, greatly limited GCEP’s power and capability. Due to the high bureaucracy and technical weakness of GCEP, there was a recognition that a Ministry of Environment (actually referred to in a Royal Decree of 2000) needed to be established. In the same year a special committee was formed within the Prime Ministry to stir the establishment of the proposed ministry. At this point it is important to identify another milestone in the development of institutional and legislative environmental framework in Jordan. Parallel to the creation of the Ministry of Environment, The Aqaba Special Economic Zone (ASEZ) was established in January 2001 to create a regional hub for investment and tourism around the southern port city of Aqaba. A Master Plan was developed which envisages an estimated $6 billion of investment over the next 20 years, in the areas of industry, port development, tourism, infrastructure, utilities and services. The natural environment of the ASEZ is one of its most significant resources, and is of global importance. The ASEZ - Law No 32 for the year 2000, commonly referred to as the ASEZ Law - establishes an Aqaba Special Economic Zone Authority (ASEZA) to administer the Zone. According to Article 52 of the ASEZ law, the ASEZ Board of Commissioners shall be responsible for protecting and maintaining the environment in the Zone. As a result of this law all existing and potential investors within the Zone are required to satisfy ASEZA with regard to the environmental impacts of their investment, and their ability to comply with all the relevant environmental requirements, rules and regulations in force within the Zone. This legislative set up stands as a model, which it is hoped, can eventually be rolled out across the whole of Jordan.

G1.2 OVERVIEW OF CHALLENGES

The efforts to establish a sustainable environmental development process in Jordan are still immature and there is a need to make environment protection laws more effective and institutionally robust. At present there are a number challenges facing Jordan’s environmental sector including a general overall lack of environmental legislation and enforcement procedures, and institutional weaknesses such as lack of co-ordination and capacity.



Handicaps of environmental development in Jordan are hard to deal with, complicated and require a change in political focus to ensure overall sustainability. The major handicaps can be summarised as:

1. Weakness and lack of efficiency in the corporative and regulative frame;

2. Lack of natural resources and increase in population; 3. Lack of environmental awareness among politicians and economists; 4. Weakness of monitoring, accountability, and regulation enforcement in

different areas concerning environment protection. Existing Jordanian environmental legislation and the institutional set up in the country are discussed in the following sections.

G1.3 EXISTING LEGISLATION

Recently there has been a growing awareness and understanding of the link between business and environment, and a realization that the issue goes further than simply setting up environment-friendly industries. Jordan's drive for economic growth has made environmentalists weary about the implications for the Kingdom's eco-system and as a consequence there has been a drive towards the development of comprehensive environmental legislation. In 1995 the Law of Protection of the Environment was published, setting out the framework for environmental protection in Jordan. Since this time, most legislation that relates to environmental protection has only reached the draft format stage and awaits official publication. The following section describes the legislative situation in Jordan with regards to general environmental legislation, followed by the more specific waste, water, air quality, Integrated Pollution Prevention and Control and Environmental Impact Assessment related legislation. Law No. (12) 1995; “Law of protection of the environment” sets out the environmental legislation for Jordan. The most important articles of the law are: Article 3: which establishes the official general corporation called “the General Corporation for Protection of the Environment. Article 4: sets the objectives for the ministry: protect the environment, and improve its various elements in co-operation with concerned agencies. Article 5: gives the following responsibilities to the proposed ministry:

• Set the country’s environmental policy, and plan for the programs and projects that are needed to attain those policies.

• Environmental monitoring. • Issue environmental standards and specifications



• Carry out environmental research and studies. • Monitoring of public and private institutions to insure environmental

compliance • Issue environmental regulations and instructions to protect the

environment. • Issue conditions and instructions for economic activities to be part of

operational permits. • Prepare environmental emergency preparedness plans • Issue printed materials related to environment. • Set rules for dealing with hazardous and toxic materials, their

classification, storage, transportation, and disposal. They should also set what may be entered into the country and what not according to regulations to be issued.

Article 8: public and private entities within the Kingdom should abide by the laws, regulations, standards, and instructions that are issued by the ministry of environment. Article 14: makes the ministry responsible for setting required procedures for the environmental impact assessment process. Article 18: gives the minister the right to commission any person in writing to enter any other public or private organization / economic activity to insure their compliance with environmental standards and regulations. Article 31: the Prime Ministry, and based on a reference from the minister of environment, may delegate any of the responsibilities of the ministry of environment to any other governmental or non-governmental organization. Law No 32 for the year 2000, (commonly referred to as the ASEZ Law) - establishes an Aqaba Special Economic Zone Authority (ASEZA) to administer the Zone. This Law confers on ASEZA a number of environment-related responsibilities. Article 9, F: ASEZA shall protect of the environment in the Zone. Article 10, B, 3: ASEZA shall assume authority for protecting the environment, water resources, natural resources and biological diversity. Article 43, B: ASEZA shall administer the coastal areas. Article 52: ASEZA shall be responsible for protecting and maintaining the environment in the Zone and for ensuring sustainable development according to a basis and standards which are not below the adopted levels in the kingdom. Article 54, B: ASEZA is authorized to extract fines and compensation from polluters of the sea or the environment within the Zone.



Article 53: ASEZA is permitted powers of search and confiscation related to environmental protection. Article 56, E: ASEZA is responsible for the regulation and administration of the Aqaba Marine Park. Article 6: says that all legislation in force in the kingdom shall apply to the Zone unless superceded by contradiction by the provisions of ASEZ legislation. Article 52: says that AEZA shall assume the powers of GCEP, and that the Chief Commissioner of ASEZA shall assume the powers accorded the Minister and the Director General of GCEP. It is commonly held therefore that this Law confers on ASEZA the general authority and powers which the Ministry of Environment (MoE) has in the rest of Jordan to regulate environmental matters, and that the MoE’s authority within the ASEZ has effectively been transferred to ASEZA. However, to date, no written agreement or Memorandum of Understanding exists between ASEZA and MoE. A number of subordinate pieces of legislation have been passed that deal with various environmental issues and which include: Environmental Protection Regulation No. 21 for year 2001; Aqaba Marine Park Regulation No.22 for the year 2001; Development of Wadi Rum area Regulation No.24 for the year 2001, Regulation No.13 for year 2001; Registration and Licensing of Enterprises Regulation No. 13 for 2001; and Investment Climate Regulation No.11 for year 2001.

G1.3.1 Waste

In Jordan there is no national policy or strategies for solid waste management (SWM). However the National Environmental Action Plan has identified waste management as a national priority and has defined a wide range of actions to improve the SWM situation. In general, the legal framework governing SWM consists of a broad environmental law (Law n° 12 of 1995) which is structured to provide for the management of environmental issues according to environmental media (air, soil, water etc) but does not explicitly address solid waste management. Management of waste is addressed directly by Acts N° 5 enacted under the above law but with a focus on hazardous wastes. Cost recovery associated with solid waste is covered by the Regulation n° 88 of 1998 which introduced the solid waste fees and defined the electricity bill as a mechanism for its collection.



There is currently no law specifically relating to hazardous waste although has been made with the introduction of Regulation No. 43 (1999), The Management and Circulation of Harmful and Hazardous Materials (see below) The following laws are under procedure, i.e. are not yet enforced. Regulation No. ( ) Management of Solid Wastes Regulation in accordance with article (34) of the environment law No. 12 /1995. The most important articles of the draft by-law are: Article 3: sets the objective, which is to manage the solid waste in away that achieve environment protection and public health Article 4: details the responsibilities and tasks to be undertaken including observing and collecting operations, transportation of wastes, permitting, supervising, scheduling and archiving Article 6: sets the responsibilities and tasks for the ministry of municipalities, rural affairs and environment. Article 7: sets the duties to be fulfilled by the corporation in co-operation with the related bodies. These duties include picking up the waste, defining stipulations of storage, collection, sorting, recycling, and treatment and awareness and training programs Article 8: deals with compliance, offences, punishments and fines Regulation of Hazardous Waste Management and handling Issued in accordance with paragraph (B) of Article (5) and paragraph (A) of Article (9) from the By-law of Hazardous Waste Management and Handling Number (43) of 1999. The most important articles of the drafted by law are: Article 4: sets the general procedures for the hazardous waste producers in terms of storing and collecting procedures, emergency plans, registries and reports, procedures before transferring wastes, general precautions for covering hazardous wastes Article 5: sets the general procedures for the hazardous waste transporters in terms of general procedures, special conditions during emergency, conditions of transport means Article 6: sets the procedures for handling and disposing of empty hazardous waste containers Article 7: Deals with special conditions for the owners or managers of the specified site for storing, treating and disposing of hazardous wastes in terms of: receiving and registering the hazardous wastes, procedures for emergencies and fire, special restrictions for safety and health of the



employees in the site, special restrictions for dealing with hazardous waste including storing, treatment and getting rid of them.

G1.3.2 Water

Water shortage and water quality deterioration are considered the main environmental issues in Jordan also affecting all aspects of the economy. T he primary legislation for the protection of water is: Water Protection By-law No. ( ) year ( ) Issued in accordance with Article (34) of Environment Protection Law No. (12) 1995. The most important articles of the draft by-law are: Article 3: sets the objectives which is to monitor the quality of water and determine its suitability to the final purposed use Article 5: sets the standards and the terms of reference for establishing the wastewater treatment plants Article 6: sets standards and the terms of reference for establishing dumping sites Article 7: deals with issues related to drinking water , mineral water, and bottled drinking water Article 9: deals with issues related to health and environmental terms that should be in the water production enterprises Article 11: deals with storing and conveying the solid and liquid wastes resulted from the industrial, agricultural, commercial, household and service activities Article 14: deals with issues related to Imported drinking water Article 15: deals with issues related to saving water in the industrial, agricultural and construction sector; such as wastewater recycle or reuse. Jordan’s Water Strategy, 1997

In addition to the water protection law the Ministry of Water and Irrigation prepared Jordan’s water strategy in 1997, which includes the following main points which it seeks to achieve:

1. Establishment of a national water database 2. Tapping the full potential of surface and groundwater resources to the

extent permissible by economic feasibility, and social and environmental impacts.



3. Collection and treatment of wastewater for its subsequent reuse in irrigation and groundwater recharge.

4. Use of brackish and marginal water resources for irrigation purposes, and their desalination for municipal and industrial use.

5. Giving first priority of water use to basic human needs. 6. Assigning priority to the sustainable use of the previously developed

resources including resources mobilized for the irrigated agriculture in the Jordan Valley and other established uses.

7. Mining of renewable groundwater aquifers shall be brought down to sustainable extraction levels.

8. Management of wastewater shall receive attention with due regard to public health standards. Industrial wastewater shall be carefully monitored to avoid degrading the quality of the effluent wastewater treatment plants destined for reuse.

G1.3.3 Air quality

Clean Air draft Act No.( ) 2000 Issued in accordance with Article (34) of Environment Protection Law No. (12) 1995. The most important articles of the draft by-law are: Article 3: which establishes a technical committee and specifies the tasks to be undertake such as monitoring emitted pollutants to the stratosphere and determining maximum permitted percentages. Article 4: maintains all enactment related to the stratosphere protection issued for guarantying the Sustainable Development Article 5: gives to the corporation the responsibility of classifying all the activities that emanate pollutants defining regions in danger of being air polluted and determining required observation programs Article 6: which handles plans for encountering emergencies which cause polluted emanation to stratosphere Article 7: makes the corporation responsible for setting required procedures for all vehicles licensing and related issues. Article 9: deals with the spraying of pesticides or any chemical compounds for agricultural or public health purposes. Article 11: Deals with Closed and semi- closed public areas. Article 12: Deals with working hospitals that conduct burning operations Article 13: Deals with burning of solid waste.



G1.3.4 Environmental Impact Assessment and public participation in environmental decision making

Environmental impact assessment is still in its early days in Jordan and the country is yet to make its draft EIA by-law official. There are currently no provisions for public participation. However, this situation is different to that which has been established in ASEZ where environmental clearance and full EIA process requirements are enacted. The EIA process has also been considered fully due to the regulations of the International funding agencies. In such circumstances the EIA has been carried out in accordance with their guidelines (WB, USAID, etc.), and for those, public participation is involved. By law No ( ) of 1999. Environment Impact Assessment. Issued pursuant to Law for Environmental Protection No 12 of 1995, articles 15 & 34. The most important articles of the draft by-law are: Article 3: The By-law shall apply to each and any of the industrial, agricultural commercial, construction, housing and other services connected Article 4: sets the objectives that are to establish the necessary environmental guidelines and forms required along with conducting evaluation and discussion. Article 6: deals with forming specialized technical committees for reviewing the Environmental impact studies Article 11: deals with conducting control and periodic inspection

G1.4 PRINCIPAL CHALLENGES FACING ENVIRONMENTAL LEGISLATION

In spite of the progress that has been made in Jordan, the environmental sector continues to face many legislative challenges. Outside of ASEZ, much of the legislation is old and inefficient, many are redundant and conflicting and are not able to keep up with technological, social and economic advancements. Moreover there is a lack of complementarity in the legislation of any one sector, there are many gaps in the legislation, a lack of flexibility and a need for adjustment to bring them in line with Jordan’s international commitments. There is also a general weakness in the environmental law, whose articles are poorly enforced, especially those relating to penalty.

G1.5 INSTITUTIONAL SET-UP

In Jordan environmental management is split between a number of institutions and environmental organizations. These can be summarised as set out below. An organogram for the Ministry of Environment is provided following this section.



G1.5.1 Governmental organizations

Ministry of Environment

The official body for the protection of the environment and the improvement of its various elements and the execution of this policy in co-operation with the relevant authorities.

Ministry of Water and Irrigation

Established in 1992 The Ministry of Water and Irrigation (MWI) is the official body responsible for the overall monitoring of the water sector, water supply and wastewater system and the related projects, planning and management, the formulation of national water strategies and policies, research and development, information systems and procurement of financial resources. Its Role also includes the provision of centralized water related data, Standardization and Consolidation of Data. Ministry of Agriculture

Plans, regulates and develops activities, projects and programs, follows up their implementation to increase production, protects the environment and natural resources and co-operates with all relevant parties to achieve the agricultural development goals given by the Agricultural Law and defined by the agricultural policy. Ministry of Industry and Trade

Takes on the responsibilities of regulating the industry by type, classifying it, registering it according to an internal regulation, and preparing the programs and studies that work on developing the industry and increasing its competitiveness. The Ministry also regulates the internal and external trade, monitoring it, and preparing the studies and the agreements that protect the interest of the country and the citizen. Ministry of Energy and Mineral Resources

The Ministry is responsible for ensuring adequate provision of Energy to Jordan and for protecting mineral resources. Ministry of Planning

Responsible for drafting and enforcing planning law in Jordan. These are in addition to the Royal Scientific Society, Higher Council for Science and Technology, Jordan Valley Authority, Aqaba Special Economic Zone Authority, Aqaba Ports’ Corporation, and Petra Regional Authority;



G1.5.2 Non-governmental organizations

This includes the Royal Society for the Conservation of Nature, Jordan Environment Society, the Jordanian Society for the Control of Desertification and Badia Development, Friends of Environment, National Environment and Wildlife Society, Jordan Royal Ecological Diving Society, Friends of Archaeology, Petra Trust, Arab Women Society, Jordan Society for Sustainable Development, and Jordanian Fertile Crescent Society.

Figure 1.1 Ministry of Environment Organogram

Minister


13

G1.6 INSTITUTIONAL CHALLENGES

Among the institutional obstacles faced by Jordan’s environmental sector are duplication of duties and responsibilities among environmental public departments, poor grasp of environmental concepts, high levels of bureaucracy, insufficient human resources, lack of monitoring and enforcement mechanisms, weakness of private sector environmental institutions, inability of traditional institutions to keep up with technological updates, poor response rate of public environmental agencies to Jordan’s international environmental commitments, and a weak political drive for enacting environmental legislation. Technical obstacles include incomplete environmental standards and specifications, belated application of EIA standards to development projects, poor monitoring and assessment of environmental indicators, weak monitoring of industries, lack of knowledge regarding new environmental technology and management practices (ISO 14000), lack of an efficient environmental database system, lack of knowledge on clean production practices, a weak ability to link development projects to environmental pollution, limited applied research in the field of environment, weak incentive programs to apply new environmental management systems, lack of general knowledge on environmental quality and its linkage to socio-economic conditions, and poor participation of private sector in environmental realm.

G1.7 EXISTING ENVIRONMENTAL PROBLEMS

Jordan has a number of environmental issues that need to be addressed especially in regard to its water resources, land resources and forest resources. Water is the largest single environmental issue facing Jordan attracting significant attention in the fields of research, resource planning and institutional strengthening. Existing environmental problems are listed below.

G1.7.1 Water resources

Water resources for human consumption and irrigation are few and this is a situation which is exacerbated by frequent droughts and a rapidly increasing population. Over abstraction of water has led to a lowering of the water table and salination of existing resources. With a rapidly increasing population and improving living standards, this situation is likely to intensify in the next decades. Water pollution is also an issue there being a number of sources of pollution including, wastewater treatment plant effluent, cesspools, industrial wastewater, irrigation water runoff, and runoff from solid waste.


14

G1.7.2 Deforestation

Deforestation has been accelerated by agricultural clearing, fuelwood exploitation, and overgrazing which have caused soil erosion, loss of valuable timber resources, and damage to watershed areas.

G1.7.3 Desertification

Soil erosion due to deforestation, overgrazing, and irresponsible farming practices (especially in upland areas where wheat, Jordan's main crop, is grown) has led to reduced land productivity and the siltation of reservoirs. In the catchment area for the King Talal Reservoir, 95% of the land is affected by sheet erosion. Excess salinity is also a problem which frequently accompanies irrigation. The southern borders of the Zarqa River are particularly subject to this problem.

G1.7.4 Wastes

Landfill sites that are currently being used with soon reach capacity and where sites do exist the design and operation is mostly environmentally unsound. The impacts of these sites on groundwater, air quality and other environmental components raises serious public health concerns.

G1.7.5 Air quality

There is a need within Jordan to develop an ambient air quality monitoring and assessment network, national air pollution control and abatement procedures and global commitments in the field of atmospheric pollution. The air pollution problem is fast growing in Jordan especially in Amman. The growing number of cars, industries and atmospheric dust deposited causes a great increase in smog and air pollution posing great human health risks. The need to characterize potential sources of pollution and to build the capacity for detecting, monitoring and analysing levels of pollutant in the air is strong. There is also a great need to assess the contribution of gasoline-driven vehicles to air pollution in the Greater Amman area.

G1.7.6 Loss of biodiversity

Most of the dangers threatening biodiversity in Jordan are caused by human activity and development. These threats towards wildlife can be summarized according to two classifications. The first contains environment-threatening behavior and the second classifies these threats according to each area. The major causes of wildlife depletion in Jordan are: • Urban and Agricultural Expansion and Population Growth • Cutting Trees • Over-grazing • Fires.


15

G1.7.7 The Dead Sea

Jordan and Israel both border the Dead Sea, a natural heritage site – it is both the saltiest body of water in the world and the world’s lowest point, at 400 meters below sea level. The Dead Sea’s surface area is rapidly shrinking; from 1000 km2 in the 1960s to 669 km2 today. Experts warn that the Dead Sea could disappear in 50 years. This is likely to have adverse environmental impacts for both Israel and Jordan as the surrounding area is rich in biodiversity, housing a unique ecosystem that includes several environmentally threatened bird species. Evaporation from this sea is also an important factor in providing rainfall for some of the relatively moist highlands downwind of it. Disappearance of the Sea would have devastating economic impacts, as the region provides tourism revenue, along with incomes from both mineral production and cosmetics. At the World Summit for Sustainable Development in 2002, Jordan and Israel announced an agreement to build a 190 km-long pipeline from the Red Sea through both countries to provide freshwater through desalination and to stop the shrinking of the sea. The agreement marks a significant step forward after several years of talks, however remains hampered by regional politics and conflict. Plans for the project would include support from both Jordan and Israel, along with international assistance.

G1.8 EXISTING PROJECTS

The following is a list of some previous and ongoing projects that are considered to be of high priority for the sustainable management of the environmental sector in Jordan.


16

Table 1.1 Existing Projects

Theme Project Title Project donor

Description Duration Budget

Wastes Study on Solid Wastes Management for the Northern Region – Akeeder The Project of Developing Solid Wastes landfills in 10 main sites in the Kingdom Hazardous and Harmful Wastes Treatment Center Project ( Swaqa Project )

JICA JICA Government

To prepare an Environmental Impact Assessment study to discover the impact of Akeeder land fill on the surrounding Environment Enhancing the condition of 10 main landfills in Jordan To choose a site for treating hazardous and harmful wastes which meets all the internationally adopted technical specifications for this purpose

1998 – 1999 1995-1997

$275000 $ 11.5 million

Water Water Desalination Project The National Project for Water Quality Control in Jordan The Red-Dead canal Treated wastewater reuse

JICA Government Government USAID

Feasibility study for the desalination of brackish water in Jordan Monitoring water quality in it's various resources in the Kingdom according to the updating requirements A multi purpose project to produce energy, which can be used as such or used for the purpose of desalination Feasibility study for the use of treated wastewater for industrial and agricultural purposes

Air quality Ozone Project (Development of local industries)

Montreal Fund Provide the local industries sector with the environmental friendly technologies

1994 - 2005 $113,333 every 2 yr

IPPC Development of National Biosafety Framework for Jordan

GEF, Government

A regulatory system to control safe transfer , handling , and use of living modified organisms , taking also into account risks to human health

2002-2003 $249,600


17

Theme Project Title Project donor


EIA Biodiversity Strategy and Action Plan Project National Strategy and an Action Plan to Combat Desertification in Jordan

Government UNDP

Conservation and sustainable use of biodiversity components, in view of its uncertain political condition, the climatic conditions, and the country’s rapid development and urbanization that have led to habitat fragmentation and ecosystem degradation The main objective of the Programme is to implement, the UN Convention to Combat Desertification

2002-2003

G1.9 DONOR AND DEVELOPMENT BANK ACTIVITIES

The development banks and bilateral donors active in Jordan include the World Bank, USAID, JICA, UNDP, the EC, Germany, France, and Italy. Most are engaged primarily with the water sector, as well as other infrastructure projects and recently, capacity building.

G1.9.1 World Bank

Between 1994-1997, the World Bank disbursed US $19.7 million to investment projects in Jordan. Over one third of this money funded environment-related projects, especially in the water sector, with a further 44 percent being put forward to promote public utilities, and specifically water, power and transport infrastructure.

G1.9.2 USAID

The current USAID program in Jordan focuses on three main areas: (1) water sector development; (2) economic opportunity; and (3) health and population. USAID Jordan now ranks among the largest USAID programmes worldwide. Water activities focus on promoting more effective water management, rehabilitation of existing water systems and introduction of modern water-use technologies, and improvement and expansion of the number of wastewater treatment facilities.

G1.9.3 United Nations Development Program

The UNDP has provided grant technical assistance to Jordan since 1952, and has been active through the Global Environment Facility since 1992. Projects have been related to biodiversity, climate change, solid waste management, international waters, and desertification and land degradation.


18

G1.9.4 European Union

Collective assistance to Jordan by the EU, together with individual bilateral agreements of Member States and the EIB, makes Europe collectively the largest aid donor to Jordan.1 Over the last ten years, Jordan has increased the importance of environmental considerations and sustainable development as part of its policymaking, which has influenced foreign aid decisions. As part of Jordan’s environmental profile, the EU has taken the initiative to strengthen the capacity of authorities to enforce environmental law, along with raising environmental awareness through training and education. Through the LIFE Third Countries Project, “Environmental Law Enforcement in Jordan” 2, the EU co-financed a project to work with the GCEP to help coordinate the implementation of the national environmental strategy and environmental law (which was passed in 1995). Project activities include developing by-laws and regulations for most environmental sectors, along with building information and awareness for sustainable implementation, targeted at the public, public administration, the industrial sector, and government. Technical training is also a part of the project. European Union funding for 2002-2006 will focus on the following priority sectors: • Trade enhancement and institution building; • Stable macro-economic framework and economic reforms; • Social reforms and human resources development; • Development of infrastructures including regional cooperation; and • Strengthening of pluralism, civil society and the rule of law.

G1.10 LIKELY FUTURE CO-OPERATION WITH EU

Environmental Law Enforcement in Jordan project was presented by LIFE- Third Countries for 1998 financed by the E U. This project has been prepared in co-operation between the GCEP and European Communications Society, Euro Com / Berlin. The objectives of the Project are: • To set up by-laws and regulations emerging from Environment Law No.

12/1995 with the assistance of the European experts in this respect; • To raise the technical efficiency of employees in the Ministry through

providing equipment to measure the pollutants of water, air, noise and radiation and training them to use the same; and

1 Within the EC, France and the United Kingdom are Jordan’s largest creditors (debt outstanding to France, US$564; to the UK, US$523 million), and a programme for debt swaps and debt rescheduling is underway. Internet: http://www.jordanembassyus.org/02082002001.htm (1) 2 For full project description see: http://www.eurocom.org/eurocom/jordan/life.htm.


19

• To spread and promote environmental awareness among the sections of

the community particularly in the field of laws, and By Laws in additions to raising the efficiency of the employees in the field of spreading environmental awareness.

21

CONTENTS

G1 INSTITUTIONAL AND LEGISLATIVE FRAMEWORK IN JORDAN 2

G1.1 INTRODUCTION 2 G1.2 OVERVIEW OF CHALLENGES 3 G1.3 EXISTING LEGISLATION 4 G1.4 PRINCIPAL CHALLENGES FACING ENVIRONMENTAL LEGISLATION 10 G1.5 INSTITUTIONAL SET-UP 10 G1.6 INSTITUTIONAL CHALLENGES 13 G1.7 EXISTING ENVIRONMENTAL PROBLEMS 13 G1.8 EXISTING PROJECTS 15 G1.9 DONOR AND DEVELOPMENT BANK ACTIVITIES 17 G1.10 LIKELY FUTURE CO-OPERATION WITH EU 18

Annex H

Lebanon


2

H1 INSTITUTIONAL AND LEGISLATIVE FRAMEWORK FOR ENVIRONMENTAL MANAGEMENT IN LEBANON

H1.1 INTRODUCTION

The civil war (1975-1991) in Lebanon had enormous social and economic impacts on the country as well as on the physical infrastructure and administrative structures, and resulted in significant damage on the country’s natural resources. The war severely undermined government services, including environmental protection efforts, and resulted in a lack of appropriate qualified personnel, inefficiency, and overlapping responsibilities amongst government agencies. This was underlined more clearly in the National Report on Environment and Development submitted to the Earth Summit in Rio de Janeiro in June 1991. The report contained a comprehensive view on environmental issues and problems in the country and made important recommendations for: The establishment of a Ministry of Environment as the sole public

authority for environmental policy; The creation of a National Environmental Council; The need for environmental impact assessment studies; and The need for actions concerning protection of sensitive ecosystems. (1)

Since the end of the war, there is a stronger recognition in Lebanon that environmental protection requires a collaborative and concerted effort from all. The recent restructuring of the Lebanese government to involve environmental priorities at a political level has been a major step, particularly through the establishment of a Ministry of Environment. Moreover, working within the framework of an evolving legal and regulatory framework, government agencies at the national and local levels are becoming more aware of the need to consider the environmental impacts of their policies and actions, and are gradually building their capacity to manage the environment. (2)

H1.2 LEGISLATIVE FRAMEWORK

There are a number of laws and decrees governing environmental protection and management in Lebanon. Chief amongst them is Law 216 (April 2, 1993) establishing the Ministry of Environment (MoE), described in more detail in Section 1.3.1. In 1995, the Mediterranean Environmental Technical Assistance Program (METAP)/World Bank assisted the government establish a State of

(1) UNEP. Blue Plan. Mediterranean Country Profiles. Lebanon - Environment and Sustainable Development Issues and Policies. Paris: 1999. (2) ECODIT. Update on the State of Environment Report. Beirut: 2001.


3

Environment Report (SoER) and a Strategy Framework in order to provide a coherent view of environmental developments in Lebanon for the MoE. (3) The SoER would act as a basis for formulating policy within the country and set objectives for Lebanon’s environmental needs in the future. Following the publication of the SoER, the MoE, supported by UNDP Capacity 21 Program and the World Bank/METAP, initiated in 1997 a review of the existing laws (some of them dating back to the 1930s and earlier) in order to draft a National Code of the Environment.

H1.2.1 National Code of the Environment

The National Code of the Environment is Lebanon’s first initiative towards defining the basis and norms for protection of the environment and resource management policy in the country and covers all pertinent institutional, administrative and technical aspects. (4) The Code includes the establishment of an “Environmental Fund”, which will help NGOs in drawing up long-term workplans and implementing their projects. Although the draft code was adopted by the Council of Ministers in 1997, it was only finally submitted to the Parliamentary Commission of Agriculture, Environment and Municipal Affairs in early 2000, and subsequently to the Parliamentary Commission for Administration and Justice for promulgation. (5) This delay between preparation of the draft Code and its submission stems from several criticisms. According to MoE officials, there is a lack of clarity in the text of the Code and there is overlap at the institutional level of environmental management and protection requirements, which has required some major revisions in the Code. Moreover, the draft Code was considered to be lengthy and needs to be made more concise. (6) Once the Code is approved to become a law, the MoE will need to issue about 20 decrees pursuant to this law, on matters ranging from air pollution to drinking water standards to EIA requirements and procedures to ensure that all aspects of environmental protection are being targeted. These decrees would then have to be revised and administered in co-ordination with all concerned line agencies and ministries. (7)

H1.2.2 Draft EIA Decree

In 1997, the MoE decided to combine all its efforts to prepare a draft EIA decree under the supervision of a World Bank supported Unit of Planning and Programming (UPP). Until recently, various EIA systems were adopted to comply with the requirements of the international agencies financing different infrastructure projects, mainly roads, landfills, wastewater and water supply

(3) Environmental Resources Management. State of the Environment Report. London: 1995. (4) UNEP. Blue Plan. Mediterranean Country Profiles. Lebanon - Environment and Sustainable Development Issues and Policies. Paris: 1999. (5) UNDP. UN Development Co-operation Report. Lebanon 2000. Beirut: November 2000. (6) Ibid. (7) Ibid.


4

projects since these agencies (e.g., World Bank, European Investment Bank) generally require the preparation of an EIA prior to funding projects. The draft EIA decree, prepared in consultation with representatives from line ministries, public agencies, private environmental consulting firms, academic institutions, research centres, NGOs, relevant syndicates and professional associations, provides the necessary requirements for environmental assessment in Lebanon and supports the overall mandate of the National Code of the Environment. The decree also contains provisions for the screening and sco-oping of proposed development and for the preparation and submission of the final EIA study. Since 1999, with grant funding from METAP/World Bank, the UPP at the MoE has worked to formulate and institutionalise the EIA policy. In particular, the UPP has initiated an aggressive program for establishing a comprehensive EIA system by: Developing and refining the EIA draft decree based on World Bank

operational directives; Organizing targeted training workshops to civil servants, syndicates,

municipalities, universities, NGOs and the private sector; and Developing sector-specific EIA training manuals which are available to

stakeholders, in particular government agencies and municipalities.(8) The Council of State is currently reviewing the draft decree. The MoE hopes that the Council of Ministers will endorse the decree once the Parliament ratifies either the proposed Code of Environment or the proposed law reorganizing the MoE. (9)

H1.2.3 Sector-specific legislation

There are also numerous other legal instruments existing or pending which define environmental policies, procedures, standards, and other requirements for specific economic sectors or environmental media. To date, there are 77 decisions and decrees, exempt of laws, which have been administered by the MoE on environmental protection. These can be found in the government’s official publication, the Official Gazette, which contains a list of all legislation, including those recently approved. The main legislation as it pertains to environmental media is listed below.

Table 1.1 List of cited legislation related to environmental protection

Legal instrument Date Description Agriculture Decision 94/1, MoA 20/05/98 Bans the import of 110 pesticides Industry Decree 4917 24/04/98 Divides establishments into three classes upon their

environmental threat

(8) ECODIT. Update on the State of Environment Report. Beirut: 2001. (9) Ibid.


5

Legal instrument Date Description Decree 5243 05/04/01 Amends Decree 4917 introducing five industrial classes Decision 44, CoM -/-/99 Requires Class 1 and 2 industries from being located

inside an industrial zone Decision 23, CoM 11/12/99 Exempts Class 2 and 3 industries from being located

inside an industrial zone Decision 5/1, MoE 25/01/01 Provides environmental guidelines for establishing gas

stations Decision 16/1, MoE 05/04/01 Provides environmental guidelines for establishing farmsDecision 75/1, MoE 02/09/01 Provides environmental guidelines for establishing or

tanneries Decision 4/1, MoE 12/01/01 Provides environmental guidelines for establishing

slaughterhouses Decision 3/1, MoE 25/01/01 Provides environmental guidelines for establishing

rendering plants Decision 29/1, MoE 31/05/01 Provides environmental guidelines for establishing dairy

production Decision 5/1, MoE 04/01/01 Provides environmental guidelines for establishing fruit

and vegetable processing plants Decision 60/1, MoE 20/09/01 Provides environmental guidelines for establishing stone

cutting plants Decision 61/1, MoE 20/09/01 Provides environmental guidelines for establishing

plastics manufacturing plants Construction Decree 10490 21/06/97 Reorganizes the DGUP and redefines its role and

responsibilities Decree 3361 07/07/00 Exempts new industrial establishments in South Lebanon

from income taxes during the first 6 years of operation Decision 90/1, MoE 19/11/00 Provides environmental guidelines for construction in

river basins and sensitive ecosystems Transport Law 368 01/08/94 Allows the import and use of diesel-engine pick-ups,

trucks and buses Law 384 04/11/94 Permits the MoIM to sell up to 24,000 licenses for shared-

taxis, trucks, minibuses and buses Decree 6603 04/04/95 Defines the standards for operating diesel trucks and

buses Law 432 15/05/95 Amends law 368. Removes age restriction on imported

diesel vehicles if shipped before promulgation of Law 368

Decision 138, MoPWT 13/10/99 Establishes the Transport Regulatory Unit at the MoPWT Decision 9, CoM 05/04/00 Calls for reducing the number of public transport

vehicles to about 27,000 Law 341 06/08/01 Aims to reduce air pollution by transport sector through

the implementation of a series of regulatory measures Tourism Decree 15598 21/09/70 Establishes general standards for the creation and

operation of tourist establishments Decree 4221 10/10/00 Amends Decree 15598 and provides a new/updated

classification system for tourist establishments Decision 37 26/02/00 Forms a national committee to support the skiing sector

(resorts and associated facilities) Water Law 221 29/05/00 Water authorities Law 241 07/08/00 Amends Law 221 by reorganizing the water boards into

four regional water authorities Decree 1039, MoI 02/08/99 Sets permissible standards for drinking water parametersAir Decision 52/1, MoE 29/07/96 Establishes National Air Quality Standards


6

Legal instrument Date Description Decision 8/1, MoE 01/03/01 Updates/replaces Decision 1/52/ by developing

National Standards for Environmental Quality (NSEQ) Decision 191/1, MoE -/09/97 Defines environmental guidelines to improve the

environmental performance of Portland cement plants Biodiversity Decision 92/1, MoA 27/02/96 Prohibits the export of all medicinal and aromatic plants Decision 340/1, MoA 01/08/96 Permits the export of processed thyme and sage Decision 108/1, MoA 12/09/95 Bans the import and introduction of all cedar seeds and

plants Decision 2/B, MoE 21/05/93 Bans the use and import of bird sound devices Decision 102/1, MoE-MoA 28/04/93 Divides game birds and animals into three categories Decision 110/1, MoE-MoA 18/05/95 Restricts hunting to certain animals and birds only Decision 11, CoM 30/08/95 Declares a ban on hunting (for three years) over the entire

Republic of Lebanon Decision 15, CoM 12/09/95 Reopens the season of hunting for four months starting

from 15/09/95 and re-declares a ban on hunting from 15/01/96 till the end of 1997

Decision 35, CoM 27/05/97 Renews the ban on hunting over the entire Republic of Lebanon till further notice

Decision 37, CoM 23/12/97 Reasserts the application of the national ban on hunting until the hunting law of 18/06/1952 is revised and promulgated

Decision 55, CoM 08/11/01 Approves the MoE draft law to update the hunting law of 1952

Decision 92/1, MoE 27/02/96 Prohibits the export of all medicinal and aromatic plants, including thyme, myrtle, and chamomile.

Decision 018/1, MoE 12/09/95 Bans the import and introduction of all cedar seeds and plants

Soils and Land Decree 144 -/-/1925 Declares the sea including the sea bed and the sea floor

and the coast as public domain Decree 4810 24/06/96 Provides for the right of public access to the maritime

public domain Law 21 (Art. 1) 03/29/66 States that the establishment and management of public

beaches falls under the responsibility of the Ministry of Tourism

Decree 8861 25/07/96 Regulates the licensing of billboards and other advertisements and defines minimum setback distances from roads and natural sites

Institutional Law 216 02/05/93 Establishes the Ministry of Environment and defines its

mandate Decree 5591 30/08/94 Organizes the MoE into divisions and sections and

defines the responsibility of each administrative unit Law 667 29/12/97 Amends Law 216 and reorganizes the ministry into 5

departments and redefines its functions into 17 areas of intervention

Land Management Law 121 09/03/92 Declares the Horsh Ehden and Palm Islands Nature

Reserves Law 532 24/07/96 Declares the Al Shouf Cedars Nature Reserve Law 708 05/11/98 Declares the Tyre Coast Nature Reserve Law 9 20/02/99 Declares the Tannourine Reserve Nature Law 10 20/02/99 Declares the Yammouneh Nature Reserve Law 11 20/02/99 Decision 14/1, MoE 06/10/95 Declares the Karm Chbat Nature Reserve Law 558 24/07/96 Amends the Forest Code (Law 85 dated 12/09/91) and

declares all cedar, fir, cypress, and juniper forests as protected


7

Legal instrument Date Description Decision 499/1, MoA 14/10/96 Declares the forests of Tannourine, Hadath el Jebbeh, Jaij

and Arz protected Decision 587/1, MoA 30/12/96 Declares the forest of Sawyse protected Decision 588/1, MoA 30/12/96 Declares the forest of Ammouah protected Decision 589/1, MoA 30/12/96 Declares the forest of Karm Chbat protected Decision 591/1, MoA 30/12/96 Declares the forest of Bazbina protected Decision 592/1, MoA 30/12/96 Declares the forest of Knat protected Decision 10/1, MoA 17/01/97 Declares the forest of Qaryet el Sfina protected Decision 11/1, MoA 17/01/97 Declares the forest of protected Decision 8/1, MoA 17/01/97 Declares the forest of Ain el Houkaylat protected Decision 9/1, MoA 17/01/97 Declares the forest of Jurd el Njas protected Decision 174/1, MoA 25/03/97 Declares the forest of Chbaa protected Decision 3/1, MoA 08/12/97 Declares the forest of Bkassine protected Decision 97/1, MoA 02/07/98 Declares the Nahr el Kalb protected Decision 130/1, MoE 02/07/98 Declares Beirut River protected Decision 189/1, MoE 19/11/98 Declares El Aassi river protected Decision 188/1, MoE 19/11/98 Declares Aarkah river protected Decision 187/1, MoE 17/11/98 Declares the Makmel summit (also known as the Qornet

el Sawda) protected Decision 131/1, MoE 01/09/98 Declares the Awali river protected Decision 129/1, MoE 01/09/98 Declares the valley of Damour protected Decision 122/1, MoE 01/09/98 Declares several sites in the Chouf region protected Decision 71/1, MoA -/-/92 Declares a site in Kfarzebid protected Decision 152/1, MoA -/-/92 Declares a site in Hbaline (Caza of Byblos) protected Solid Waste Management Law 504 06/09/95 Approves a loan agreement between the GoL and the WB

for implementing SWEMP Decision 58, CoM 02/01/97 Adopts the Emergency Plan for SWM in GBA Decision 22/1, MoE 24/10/96 Bans all waste imports destined for final disposal or

energy recovery (incineration), as well as hazardous waste imports bound for recycling

Source: ECODIT. Update on the State of the Environment Report. Beirut: 2001.

H1.2.4 Norms and standards

There has also been progress in the development of norms and standards related to several sectors in Lebanon (public health, public security, and construction) including the environment. At the end of 1999, 80 norms had been developed and approved by the Lebanese Norms and Standards Institute (LIBNOR). It was reported in 1999 that 81 Lebanese companies had obtained the ISO 9000 certificate (Quality Management), while four companies have also obtained the ISO 14000 certificate (Environmental Management). (10) Strengthening the permitting and auditing system for industries

Along with the updating of existing and outdated environmental legislation, the MoE in co-operation with the European Union (EU) – LIFE program and the UNDP also initiated in 1999 a two-year program aimed at strengthening the permitting, monitoring, and auditing system for industries through the preparation of National Environmental Quality Standards and the issuance of ministerial decrees on environmental guidelines for specific industrial sectors.

(10) Team International. The Application of ISO 14000 (Environmental Management Standards) in Lebanon. Beirut: 1998.


8

To date, the project, referred to as SPASI, has been able to: Develop and publish nine ministerial decrees in the Official Gazette; Prepare National Standards for Environmental Quality; Develop a National Environmental Auditing Manual; Develop a National Compliance Action Plan and Study; and Initiate capacity building and awareness dissemination. (11)

H1.3 INSTITUTIONAL FRAMEWORK FOR ENVIRONMENTAL MANAGEMENT

There are a number of institutions and government agencies delegated with responsibilities for environmental protection and management, with the Ministry of Environment and the Council for Development and Reconstruction (CDR) among the most important ones. Other key players include the Ministry of Public Works, the Ministry of Agriculture, the Ministry of Transport, the Ministry of Municipalities, the National Council for Scientific Research, the Higher Council for Urban Planning, the Ministry of Tourism and the Investment Development Authority of Lebanon (IDAL). The following section provides a brief description of the two main agencies, the MoE and CDR.

H1.3.1 Ministry of Environment

The Ministry of Environment (MoE) was established by Law 216 on April 2, 1993 and is empowered by the government to study, propose and implement national environmental policies. (12) The long-term objectives of the MoE are to: Prepare an appropriate legislative framework to enforce environmental

policies; Initiate working plans and program for which to set accurate indicators

and standards in environmentally-affected private and public sectors; Launch public awareness campaigns through core academic curricula and

through various audio-visual media; Improve the application of Environmental Impact Assessment (EIA)

requirements on major development projects and encourage sustainable development; and

Empower local non-governmental organizations role in civil society. The Decree 5591/94 is the legislation defining the structure of the ministry and the staffing requirements and organizational management of each

(11) http://www.undp.org.lb/programme/environment/factsheets/pdf/LEB99004.pdf (12) UNDP. UN Development Co-operation Report. Lebanon 2000. Beirut: November 2000.


9

administrative unit. Under this decree, the MoE is organized into six departments as illustrated in Figure 1.1. In 1997, the Parliament approved a new law (Law 667/ December 1997) 19 which provides for (a) reorganising the MoE and strengthening its policy mandate; and (b) establishing a National Council for Environment (NCE), to be chaired by the Minister of Environment. The Council shall make suggestions and recommendations for an integrated environmental policy and such recommendations shall become mandatory once they are approved by the Minister and endorsed by the Council of Ministers. The membership of the Council is divided between Ministries and members of the civil society. (13) The Law 667/97 reorganized the MoE into five departments and redefined its functions into 17 areas of intervention. Because no organizational decree followed Law 667/97, MoE is currently established under Law 216/93 and organized according to decree 5591/94 and 667/97. The GoL has now proposed a new law which will reorganize the MoE into seven departments. (14)

Figure 1.1 Current organisational chart of the MoE

EIA Unit in the Ministry of Environment

In parallel with the reorganization, the MoE has established an EIA Unit. It comprises three persons, one from MoE staff and two from the METAP-UPP. At the end of 2001, the EIA unit will integrate the Service of Prevention from Technological Impacts and Natural Hazards. This unit will be responsible for the administration of the EIA system. MoE is currently in the process of hiring two professionals who will gradually replace the UPP team. (15) Until various line ministries and public agencies establish their own environmental units, as

(13) UNEP. Blue Plan. Mediterranean Country Profiles. Lebanon - Environment and Sustainable Development Issues and Policies. Paris: 1999. (14) ECODIT. Update on the State of Environment Report. Beirut: 2001. (15) METAP EIA Institutional Strengthening Project. EIA Directors Network Meeting, Beirut, January 25-26, 2001.

Minister

Director General

Administration

Nature

Conservation

Guidance

and Awareness

Protection of

Urban Environment

Protection of

Urban Environment

Protection of

Urban Environment

Prevention of Impacts from Technology and Natural

Hazards

Planning and Programming


10

has already happened at the Green Plan and the Ministry of Public Works and Transport, EIA reports from various sectoral projects will be channeled to the MoE for review.

H1.3.2 Council for Development and Reconstruction

Another key institution involved in environmental management is the Council for Development and Reconstruction (CDR). The CDR is a public authority established in early 1977 to partially replace the Ministry of Planning and is now the government unit responsible for reconstruction and development. It plays a significant role in preparing the general plan for Lebanon, and in investment and implementation programs for reconstruction and development projects. In 1992, the CDR prepared and launched the National Emergency Reconstruction Program, a $2.25 billion program aimed at restoring basic infrastructure services such as telecommunication and electricity. Since then, the CDR has become more actively involved with the mobilization of external financing from mostly Arab countries, Europe and donor agencies and with the monitoring, tendering and implementing of priority reconstruction and development projects. Most recently, the CDR embarked on the second phase of its reconstruction program (Horizon 2000) focusing on several sectors. A significant proportion (more than 14%) of the Horizon 2000 expenditure programme is planned for environmental infrastructure, water treatment, solid waste management and water supply. Investments in the energy sector also have an immediate environmental impact. According to the Blue Plan (1999), the infrastructure components of the Recovery programme are likely to be beneficial for the environment, dealing with solid waste, wastewater and water supply, and the power sector. However, there is no requirement within the expenditure programme for environmental assessment of projects and programmes, due to the lack of an EIA directive, hence there is no commitment to mitigation of negative impacts resulting for example from the expansion of stone quarries for the building programme.

H1.4 MAIN ENVIRONMENTAL ISSUES FACING LEBANON

The civil war has had a severe impact on the Lebanese fragile environment through accelerated chaotic urbanisation and encroachment on coastal plains, land abandonment and degradation of agricultural land, forest destruction and fires, unplanned digging of water wells leading to saline water intrusion into aquifers, dumping of solid and liquid wastes in land and in coastal waters, and neglect of cultural heritage and natural scenery sites.

H1.4.1 Spatial planning and land degradation

In Lebanon, sector-specific national plans are developed and implemented, such as for water supply and sanitation, solid waste, industrial areas, electricity and telephone, roads and highways. However, these sectoral plans


11

are not guided by any national or regional land use plans (e.g. for siting of infrastructure and equipment). Moreover, a fragile environment combined with long term anthropic activity has resulted in widespread landscape degradation. Traditional land-use practices such as terracing and customary grazing and forest management helped to protect the land over centuries. Modern practices have resulted in a degraded vegetative cover, high levels of soil erosion, and threatened biodiversity.

H1.4.2 Urban sprawl

Much of this urban development is illegal or unauthorised. The speculative urban growth around cities has led to encroachment onto agricultural lands and subdivision of agricultural plots. Within cities themselves, population growth has outstripped the provision of environmental services, from solid waste management to simpler elements of urban life, such as public open spaces.

H1.4.3 Air quality

Traffic congestion in urban areas is severe, especially in Greater Beirut and at the entrances of major cities (Tripoli, Jounieh and Sidon). Vehicle emissions in urban areas, especially in Greater Beirut, are likely to be causing elevated lead and ozone concentrations. Several factors account for urban air pollution from transport: the high level of vehicle ownership (more than 200 cars/1000 inhabitants), the condition of the vehicle fleet (average age of 14-20 years) (16), the continued use of leaded gasoline, the absence of emissions inspections, the dominance of private cars over public transport, and public resistance to car pooling.

H1.4.4 Agriculture and water quality

The current use of water for irrigation is thought to be excessive (around 10,000 m3/ha) and existing irrigation systems have high losses from damaged networks (about 40% of supply). Farmers dig own wells for irrigation water - especially in North Lebanon and the Beqaa, where surface irrigation systems have been badly damaged. In some areas, especially in the Beqaa plain, excessive use of groundwater for irrigation purposes has caused high levels of salinity.

H1.4.5 Deforestation and soil erosion

Lebanon’s forests have suffered considerable destruction as a result of forest fires. More than 1,300 hectares of woodlands are lost every year because of fire, logging, and urban encroachment. Deforestation, land abandonment and agricultural mismanagement have led to the intensification of soil erosion (65% of lands would be seriously affected by erosion issues). In the denuded (16) UNEP. Blue Plan. Mediterranean Country Profiles. Lebanon - Environment and Sustainable Development Issues and Policies. Paris: 1999.


12

areas, overgrazing contributes to the acceleration of soil erosion. Land degradation has traditionally been blamed on overgrazing by small ruminants, mostly the Mediterranean goat.

H1.4.6 Quarrying

The reconstruction program and the demand for construction materials are both linked to the increased number of quarries in the country and increased mining production. This presents significant concern to the MoE as quarrying on steep mountain sides inevitably results in an increased tendency to slope failure, landslides, soil and gully erosion. Abandoned quarries (if not rehabilitated, as is generally the case) present themselves as natural waste dump sites, presently a major issue in Lebanon. Where quarries are located on fissured calcareous substrata, leakage of waste has been known to reach the groundwater. The new quarrying law (1994) requires the Ministries of Public Works and the MoE to draw up a scheme for selecting suitable sites for quarrying, which will be used for evaluating license applications. The law requires an EIA as part of the license application; the EIA should include proposals for land rehabilitation. However, as with many environmental laws and decrees, the problem lies in law enforcement and monitoring. As a result of these institutional weaknesses, the new regulations are not being implemented.

H1.5 CHALLENGES AND OBSTACLES

H1.5.1 Legislative challenges

The major legislative challenge has been the implementation of an EIA system. In fact, there are a number of constraints that need to be overcome to achieve effective implementation of the EIA system. Greatest among them is the absence of an efficient environmental legislative framework. As long as conducting an EIA is not mandatory, locally funded projects are likely to be implemented without complying with EIA requirements. In addition, political constraints are also hindering the implementation of the EIA system. It has only been during international funding of development projects that EIAs have been developed in order to meet the funding requirements of the donor agencies. The role of pressure groups (including NGOs and occasionally municipalities) is therefore pivotal to monitor public opinion and bring it to the attention of local and national decision makers. (17) Furthermore, the EIA is often wrongly perceived as an obstacle to investment and economic development, which deters investors and decision makers from committing to the EIA process. Therefore, MoE must continue to provide and organize seminars to highlight the economic benefits of the EIA process.

(17) ECODIT. Update on the State of Environment Report. Beirut: 2001.


13

H1.5.2 Institutional challenges

Institutional capabilities in Lebanon are characterized by fragmented and overlapping responsibilities, poor co-ordination among government agencies, lack of appropriate legislation, and insufficient means of action for policy implementation (refer to Table 1.2).

Table 1.2 Key overlaps in environmental management

Field of action Ministries, agencies Land use and coastal zone management MoE, CDR, Tourism, Agriculture, Housing, Public

Works, and Health, IDAL Forest, agriculture, natural areas MoE, Agriculture Water resources CDR, Public Works, Health, Electricity Waste water management MoE, CDR, Housing, Electricity, Health, Public

Works, Interior, Municipalities, IDAL Solid/hazardous waste MoE, CDR, Health, Urban Affairs, Public Works Industrial pollution MoE, Transport, Industry, Health, CDR, IDAL Cultural heritage MoE, Culture/Antiquities Dpt.

Source: Adapted from the State of Environment Report, 1995 (ERM/World Bank)

Other institutional challenges include the following: The MoE does not have the required human resources to respond to the

environmental requirements of the country. There are only 35 positions filled out of the 138 positions that are planned. In addition, the MoE has financial constraints and a limited budget per annum for carrying out its agenda. In 1999, the MoE had 0.03% of the total government budget to spend on environmental activities. (18)

Although EIA decree and procedures have been drafted by the MoE, poor enforcement remains a major weakness of the environmental management system. It results not only from some inconsistency in legal and regulatory texts, but also from institutional weakness, such as leaving most, if not all, enforcement powers to the Ministry of Interior. (19)

There is a lack of qualified staff to manage environmental duties within line agencies such as the Ministry of Transport and Ministry of Public Works.

There are poor incentives (low salaries) to attract qualified personnel to work in the public sector.

National research institutes possess a good stock of knowledge and expertise in environmental management, urban planning, environmental engineering, public health, etc., however, they are understaffed and poorly equipped.

(18) UNEP. Blue Plan. Mediterranean Country Profiles. Lebanon - Environment and Sustainable Development Issues and Policies. Paris: 1999. (19) Ibid.


14

H1.6 EXISTING PROJECTS AND PROGRAMMES

Table 1.2 Recent on-going environmental projects (1994-2001)

THEME PROJECT TITLE DURATION Donor (EXEC. AG.)

BUDGET

Preparation of Lebanon State of the Environment Report

95-96 METAP (MoE)

400

Introduction of formal and operational environmental management in reconstruction and rehabilitation

94-00 UNDP, UNEP (MoE)

565 60

Identification of Environmental Projects

93-00 FRA/MAE-FRA (MoE)

466

Unit of Planning and Programming (UPP)

96-01 METAP (MoE)

350

Sustainable Development Networking Program (SDNP)

96-98 UNDP (MoE)

256

National Program for Promoting Sustainable Development at Institutional Level (Capacity 21, Phase II)

97-99 UNDP (MoE)

400 (20)

Strengthening the Permitting and auditing system for industries

99-01 EU (MoE)

365.5

Establishment of a Lebanese Environment and development observatory

99-01 EU (MoE)

371.5

INSTITUTIONAL STRENGTHENING

EIA Training and Public Awareness Campaigns

00-01 METAP (MoE)

100

Resource management in KARSTIC areas of the coastal regions of the Mediterranean

97-00 EU (CREDCO)

82

Reprinting of the geological maps of Lebanon

99-01 EU (NCRS)

96

Desertification / ACSAD 99-00 GFR/GTZ (ACSAD)

547

LAND RESOURCES

National action programme to combat desertification in Lebanon

00-03 UNDP LEB/MOA* UNSO (MoA)

5 200 80

Isotope study of underground water resources

95-00 IAEA (IAEA)

91

Control of bacterial growth in water supply distribution

97-00 EU (UNT)

125

Drainage Basin 98-99 ACSAD (ACSAD)

100

WATER RESOURCES

Environmental master plan for LITANI river and the lake QARAOUN LATCHMENT area

97-00 SIDA (MoE-LRA)

753

(20) Commitment includes residual budget et from Capacity 21 Phase I


15

THEME PROJECT TITLE DURATION Donor (EXEC. AG.)

BUDGET

Combating forest fires 97-00 FRA/MOF-FRA (MoA)

1,767

Assistance a la Protection de la

97-00 EU (MoA)

1,896

FORESTS

Equipment for combating forest fires incidence

99-00 MOF-FRA (CDR)

1,096

Phasing out CFC 95-00 MP (UNIDO)

2,073

Enabling activity (Building capacity for the GHG inventory in response to UFCCC communications obligations)

96-00 GEF/UNDP (MoE)

293

Institutional strengthening for the implementation of MONTREAL PROTOCOL in Lebanon. (Phase I)

98-00 179

Methyl Bromide Alternatives Project

99-01 328

Conversion of CFC-11 to HCFC-141b and from CFC-12 to HFC-134a in the manufacture commercial refrigeration equipment.

00-03 200

Conversion of CFC-Free technology in the manufacture of aerosol at SOCIETE NOUGEAIM P.M.O S.A.L

00-03 159

Conversion of CFC-Free technology in the manufacture of aerosol at ZTME, SNCI, SOLF

00-03 314

Conversion of CFC-Free technology in the manufacture of aerosol at INCOMA S.A.L

00-03 171

Ozone Office: Institutional Strengthening for the Implementation of Montreal Protocol (Phase II)

01-03 119

Expedited Financing of Climate Change Enabling Activities (Phase II)

01-02 100

CLIMATE CHANGE

Methyl Bromide Alternatives Investment Project

01-06 2,600 1,500

BIODIVERSITY Strengthening of National Capacity and Grassroots In-site Conservation for Sustainable Biodiversity Protection

96-01 2,500

Source: ECODIT. Update on the State of the Environment Report. Beirut: 2001.


16

H1.6.1 Existing analytical reports on environmental issues

There are a number of studies that have been carried out in the last five years which address the environmental situation in Lebanon. The following documents and websites are considered good sources: Documents ECODIT. Update on the State of the Environment Report. Beirut: 2001. ECODIT/USAID. Lebanon Environmental Program Assessment Report. Beirut:

2002. Environmental Resources Management. State of the Environment Report.

London: 1995. METAP. EIA Institutional Strengthening Project. EIA Directors Network

Meeting, Beirut, January 25-26, 2001. UNEP. Blue Plan. Mediterranean Country Profiles. Lebanon - Environment

and Sustainable Development Issues and Policies. Paris: 1999. Websites (European Union) http://www.dellbn.cec.eu.int/english/resume.htm (CITET website) http://www.citet.nat.tn/english/citet/metap/eie-doc-

liban.html (LEDO) http://www.moe.gov.lb/ledo/soer2001.html (Lebanese Ministry of Environment) http://www.moe.gov.lb

H1.7 OPPORTUNITIES FOR CO-OPERATION WITH THE EUROPEAN UNION

H1.7.1 Current EU funding for environmental protection in Lebanon

Since 1978, Lebanon has benefited from 171 million in grants allocated under the four financial protocols signed between 1977 and 1992 and from other European Community thematic budget lines. Of this amount, around € 4.7 million was allocated to environmental protection, to finance the following activities: Prepare a study for the elaboration of a global strategy for environmental

protection and technical support to the Ministry of Environment; Assist in forestry protection and sustainable management of forests; Create the Lebanese Environment and Development Observatory-LEDO; Control the industrial development environmental impact; Rehabilitate public services for the protection of the urban environment in

Tyre; and Create pilot initiatives for the environmental management of the coast

between Jbeil and Lattaquieh. Lebanon has also received € 246 million in grants under the MEDA Programme, the main financial instrument of the Euro-Mediterranean Partnership. This financial assistance was aimed at providing support to the economic transition, mainly the private sector and the reconstruction programme, but also focuses on environmental protection through two main programmes:


17

1) “Interest Rebate on Environmental Investment Projects”: the European

Commission will pay € 21 million as interest rebates on an EIB loan for water drainage projects (Tripoli and the coastal region).

2) “Investment Planning Programme-IPP”: the project (€ 25 million) will

support the economic and social recovery and development in Lebanon through the restoration, extension and modernisation of public infrastructures in the sectors of energy, transport, water management, environment protection and private investment.

H1.7.2 Likely future co-operation with EU

At present, the European Union is active in providing assistance to Lebanon, both in terms of technical support and funding for environmental protection. In the future, it will be opportune for the EU to become more involved in providing support to the Ministry of Environment in carrying out its priorities. The EU should also consider extending financial assistance to the MoE’s EIA Unit in providing more training and workshops to the private sector, as a means to encourage the use of EIA as a development tool. Other key areas for co-operation could include: Providing technical guidance for development of guidelines for quarrying

and quarry rehabilitation; Funding for land degradation and soil erosion, as the Ministry of

Agriculture has limited public funds to carry out extensive research in this area;

Funding for training in EIA to line agencies such as the Ministry of Public Works, the Ministry of Transport and the Ministry of Interior. This could be channeled through the MoE’s EIA Unit; and

Initiating a public-private partnership program to create stronger working relations between the government and private sector in terms of environmental protection, risk management, and industrial pollution abatement.

CONTENTS

H1 INSTITUTIONAL AND LEGISLATIVE FRAMEWORK FOR ENVIRONMENTAL MANAGEMENT IN LEBANON 2

H1.1 INTRODUCTION 2 H1.2 LEGISLATIVE FRAMEWORK 2 H1.3 INSTITUTIONAL FRAMEWORK FOR ENVIRONMENTAL MANAGEMENT 8 H1.4 MAIN ENVIRONMENTAL ISSUES FACING LEBANON 10 H1.5 CHALLENGES AND OBSTACLES 12 H1.6 EXISTING PROJECTS AND PROGRAMMES 14 H1.7 OPPORTUNITIES FOR CO-OPERATION WITH THE EUROPEAN UNION 16

Annex I

Morocco

1

I1 ENVIRONMENTAL ISSUES, INSTITUTIONS AND LEGISLATIVE FRAMEWORK IN MOROCCO

I1.1 INTRODUCTION

The Kingdom of Morocco is bordered by the Mediterranean Sea to the north, the Atlantic Ocean to its west, Mauritania (which lies beyond the disputed territory of Western Sahara) to the south and Algeria to the east. Principal cities include Rabat (the capital), Casablanca, Marrakech, and Fès. The Atlas Mountains dominate much of the country, their highest point being Jebel Toubkal (4,167m). In the south lie the sandy wastes of the Sahara desert, while in the north is a fertile coastal plain, home to most of the population. This country report looks at the current environmental legislation in Morocco, providing an overview of the institutional legal framework that supports it. Existing environmental problems and legislative challenges are discussed with particular reference to wastes, water, air quality, IPPC and environmental impact assessment.

I1.2 OVERVIEW OF CHALLENGES

Morocco faces a number of resource and pollution issues, which it is beginning to address through the development of a legislative and institutional system for environmental protection. Among the country’s most significant problems are solid waste management, land degradation and loss of biodiversity. Water resources availability is less of a problem, although this situation is expected to worsen as population pressures increase in coming decades. The legislation and institutions set up to deal with these problems are still evolving, and as such a number of gaps and weaknesses can be identified – for example, a lack of co-ordination between ministries with environmental responsibilities. It will be critical for Morocco to address these weaknesses if its environmental challenges are to be met.

I1.3 EXISTING REGULATION

In Morocco national environmental policy has been under development for just two decades. The beginnings go back to the first international environmental conference held in Stockholm in 1972, which provided a distinct contribution toward sensitizing public awareness of problems associated with environmental protection. However, Morocco does have a number of laws and regulations to protect biodiversity which date from the early part of the 20th century.

2

I1.3.1 Environmental laws and legislation

According to the Ministry of Environment, the draft law for Protection of the Environment is currently awaiting approval by the Parliament, while the following laws are being reviewed and will also have to be approved by Parliament:

• Draft law for Protection of the Environment; • Draft law for Solid Waste; • Draft law for Environmental Impact Assessment; • Draft decree for application of the law for carrying out Environmental

Impact Assessments; and • Draft law for Coastal Zone Management.

In terms of existing legislation, Morocco has established several laws related to forests, oceans, air quality, flora and fauna, hunting, fishing, maritime activities, soil, mining, coastal zone management, solid waste, noise disturbances, dangerous substances, and hazardous waste, and urban planning and historic sites.

In addition to these, the Ministry of Environment is also involved in the preparation of a National Fund for Environment, and is actively involved in the integration and application of international conventions and environmental accords.

I1.3.2 Major international environment accords

Morocco is party to several international conventions, agreements and treaties concerned with environmental issues. These include: • Biodiversity • Marine dumping • Climate Change • Law of the Sea • Desertification • Nuclear test ban • Endangered species • Ozone layer protection • Environmental modification • Ship pollution • Hazardous wastes • Wetlands All have been signed, but only the conventions relating to Environmental Modification and Law of the Sea have been ratified.

I1.3.3 Wastes

As at 2002, Morocco had no national solid waste management (SWM) policy or strategy, although a draft SWM law has been under preparation since 2000 and was submitted recently to the government for review. This draft introduces the key strategic elements of SWM, identifies the key SWM principles and responsibilities of the major players and identifies the main SWM planning and financing instruments.

3

A municipal institutional reform is being initiated under the recently approved municipal law (charte communale) that entered into force in July 2003. Under this law, the city council will manage all municipal services including SWM in towns comprising more than one municipality. Within this new legal framework, SWM will be under the responsibility of the city council. Private sector participation in SWM is relatively developed due to the involvement of national and international private firms, particularly for solid waste collection and disposal in medium and large cities such as Fès, Meekness, Rabat, Tangier, Oujda, Essaouira and Berkene. A ministerial SWM Committee was established at the national level with the aim of facilitating and monitoring private sector participation at the provincial and local level.

I1.3.4 Water

The existing legal framework is mainly governed by the Water Code, approved in 1995 by Law No. 10-95. This code includes several articles related to the protection and preservation of water resources, wastewater discharge, and the reuse of treated wastewater. The only available standards are those prepared by the National Office of Drinking Water. They include:

NM 03-7-001 related to potable water quality; and NM 03-7-002 for the monitoring of water supply systems.

Some 50 standards are available with respect to laboratory analyses and the measurements of various water quality standards. Standards relating to the water sector are also being prepared in relation to:

Categories of quality for surface water; Irrigation water quality; The quality of discharges in general; and The discharges from sugar industries; yeast industries; petrol refineries;

pulp and paper industries; and oil industries. The Water Law provides for the creation of basin agencies to evaluate, plan and manage water resources within their hydrographic catchments. They also have responsibility for water quality monitoring and enforcement. (1) Water quality is being considered within the national water sector reform strategy. A new strategy for integrated water management has been adopted. The new strategy is based on supply management, valorization and integration. It also addresses the need to use non-conventional water sources including the reuse of treated wastewater and desalinization. Action plans including a National Action Plan for Water Quality are under preparation.

(1) It is not clear, however, whether this aspect of the Water Law has yet been implemented.

4

I1.3.5 Air quality

Air quality is currently governed by the Law on the Fight Against Atmospheric Pollution (2003). No other information on this law was available through desk research. In addition, Morocco has a number of standards relating to air quality.

I1.3.6 Biodiversity

Morocco has a number of laws relating to the protection of forests, soils, fauna and flora, many of which date back to the early part of the 20th century. It was not possible to obtain more information on these regulations through desk research.

I1.3.7 Coastal/marine/fisheries

There are a number of laws governing Morocco’s coastal and marine resources, including: • A range of regulations dating from the 1970s, setting out Morocco’s rights

to fisheries as economic zones; • A range of regulations governing coastal zone development; and • A law on the Fight Against Accidental Marine Pollution (2003).

I1.3.8 Environmental impact assessment and public participation in environmental decision-making

Morocco’s Law on Protection of the Environment and Law on EIA was passed in 2003, and assigns responsibility for EIA to the Ministry for National and Regional Development, Town Planning, Housing and Environment. Participation of elements of civil society in political decision-making is neither a historical tradition in the Moroccan political system, nor a major feature today. Even at the present time, patterns of loyalty and tribal and family relations play a large role in Morocco’s democracy. Until the succession of the present king, political participation was restricted solely to the country’s élite.

Despite the restrictions imposed by the political heritage of Morocco, the policy of decentralisation initiated in the mid-1970s has broadened the scope of action open to civic initiatives and local, organised activities. Increasing numbers of civic associations have formed, and initiatives in the field of environmental protection have also started to develop. The first NGO specifically focused on environmental issues was formed in 1972, with a number of others being established since then. However, awareness of environmental issues remains low in Morocco, among industry and the general public alike. For example, there is limited awareness regarding options and alternatives for improvement, clean technologies and proper agricultural practices as well as technical and financial assistance for

5

industrial environmental improvement. There is little dissemination of environmental information e.g. water quality data.

I1.4 INSTITUTIONAL SET-UP

Regulation and protection of the environment in Morocco falls under the jurisdiction of the Environment Ministry (full title the Ministry for National and Regional Development, Town Planning, Housing and Environment).

I1.4.1 Ministries and line agencies involved in environmental management

In 1972 a special Department of Environment was created in the Environment Ministry and put in charge of environmental affairs. Beginning in 1985, environmental protection was then placed under the responsibility of the General Department of Town Planning, National and Regional Development and the Environment in the Ministry of the Interior, and in 1992 the Under-Secretariat of State within the Ministry of Interior, Responsible for Environmental Protection was set up to deal with environmental affairs.

Beside the environment ministry itself, there are now de facto special environment departments in the ministries active in environmentally relevant areas, for example:

• Ministry of Public Works, Vocational and Managerial Training; • Ministry of Agriculture and Agricultural Reform; • Ministry of Energy and Mining; • Ministry of Agriculture, Rural Development, Water and Forests; • Ministry for Industry; and • Ministry of Public Health.

Set up in 1980 and encompassing the most important national players in the environmental sector, the National Environment Council is intended as a central national consultative body. Its task is to provide a forum in which the different stakeholders might contribute to defining and realising the basis for environmental policy formulation. Water resources management

Several institutions hold water quality management responsibilities. The Department of Environment has the role of inter -ministerial coordination to initiate, promote and co-ordinate the protection of water resources; pollution abatement; and legislation enforcement. The Department of Environment is also responsible for environmental assessment studies and raising public awareness. The Ministry of Equipment plays a key role in planning and managing projects, and implementing resource allocation. It is also in charge of protection and monitoring, and the enforcement of legislation. The Ministry of Public Health is responsible for monitoring water quality and disseminating information to administrative authorities and the public. Drinking water quality is the remit of the National Office for Drinking Water.

6

In 1992 a water quality monitoring program was established for surface water and groundwater resources. Some 1,000 stations were established at important points where water samples are taken and analyses are carried out for several water quality parameters. Yearly data is compiled and a report is produced summarizing the degree of water resource contamination, although the frequency of analysis and the number of parameters tested are greatly affected by the availability of financial resources. Solid waste management

At the national level, several institutions are involved in SWM in Morocco including the ministries responsible for local communities, environment, agriculture and rural development and finance.

The Ministry of Interior provides municipalities with technical assistance for planning and budgeting, private sector participation, and mobilizing funds for SWM. The Ministry of Town Planning, Water Resources and Environment (MATEE) participates in the elaboration of environmental and SWM legal frameworks and enforcement, monitors pollution sources including SWM activities, manages the EIA system and enforcement of legal instruments, and promotes integrated SWM systems through demonstrative projects and awareness activities.

The municipalities and the city councils are fully responsible for all SWM activities in their localities. In some cases, the wilayas (provinces) are involved in the management of inter-municipal SWM infrastructure such as dump sites. Both municipalities and wilayas are allowed to contract private sector services for solid waste management.

I1.4.2 The role of municipalities

Municipalities are also important stakeholders in Morocco’s environmental management planning system. The municipal code (Charte Communale) assigns to towns the tasks of solid and liquid waste disposal, municipal public transportation, and land use planning and zoning of activities. In institutional terms the municipalities, as elements of the regional and local corporations (collectivités locales) of the General Department for Regional and Local Corporations, come under the Ministry of the Interior. There is, however, no direct institutional link to the environment ministry (e.g. via a commissioner for environmental protection in the municipal administrations).

I1.4.3 The role of NGOs

One of the important and active organisations in the field of environmental protection is the Moroccan Society for Law and Environment (SOMADE). It was founded in 1986 and has an agenda to support and contribute to development of the legislative framework, and an effective system of regulation for environmental protection. The organisation’s members mostly comprise academics, lawyers, journalists, engineers, and medical professionals. SOMADE prepares sectoral and other studies for publication and makes public presentations at colloquia and conferences.

7

The MED Forum (Forum of Mediterranean NGOs for Ecology and Sustainable Development) is also an important network. This Network of NGOs from the Mediterranean Basin, of which Morocco is a member, is dedicated to promoting the defence and protection of the environment within a framework of sustainable development, to allow integrated management of the Mediterranean and its coastline based on agreed, integrated approaches.

I1.5 INSTITUTIONAL CHALLENGES

There are several areas in which there are weaknesses in Morocco’s capacity to effectively manage environmental issues: • Insufficient stakeholder engagement: The scope and extent of

environmental protection measures is decisively shaped by central government initiative (which is also often combined with external pressure exercised by donors). This means that environmental policy development in Morocco is essentially based on support provided by a small number of lobbyists and a narrow cross-section of stakeholders.

• Lack of co-ordination between ministries with environmental

responsibilities: Central government performs the task of defining and implementing national environmental policy, and deals with sectoral environmental concerns within separate organisational and institutional frameworks. The environment departments of competent ministries take forward the implementation of sectoral environmental projects, but the co-ordination between these departments and the Environment Ministry is often inadequate.

• Inadequate legislative coverage of environmental issues: The

environmental policy development process has not yet recognised some important environmental sectors and issues (e.g. waste water, solid waste).

There is a need to strengthen regional and municipal environmental initiatives and their integration with national environmental policy, and the inclusion of the general public in environmental protection (1).

I1.6 FUNDING FOR ENVIRONMENTAL MANAGEMENT (INVESTMENTS)

It was difficult to obtain generic information on budgets for environmental management in Morocco. However, some specific information was found on solid waste: solid waste management infrastructure is rarely financed through central government allocation and cost recovery for SWM services has been undertaken at the local level through a 10 percent tax on the rental value of housing units. Tax revenue is supposed to support all municipal services, but tax collection is only about 50 percent. Financing SWM infrastructure through (1) Weidnitzer E. (1995) Environmental policy in Morocco: Institutional problems and the role of non-governmental organisations. St. Malo Press: UK.

8

the private sector is being undertaken primarily through contracts for collection services and landfill operations.

I1.7 EXISTING ENVIRONMENTAL PROBLEMS

I1.7.1 Water resources scarcity and water pollution

Morocco has a substantial water wealth and 84 dams whose capacity exceeds 10 million cubic meters. Current water usage can be broken down as follows: agriculture 86%, industry 5.5% and domestic consumption 8.5%. The projected doubling of the population over the next 30 years, however, means massive increases in demand and corresponding decreases in per capita availability. Other contributory causes of water resource depletion are inefficient irrigation use by agriculture, irregular rainfall patterns and the sedimentation of reservoirs. Consequently, fresh water must be managed more efficiently if the country is to avoid the predicted water deficit by 2020. Besides water shortages, poor water quality is a major urban household burden and cause of disease that limits productivity, economic efficiency, and educational opportunities. The poor level of water quality can be linked to a lack of proper environmental infrastructure (e.g. leaking septic tanks, insufficient number of latrines, unprotected wells, absence of household hook-ups, etc.) and household behaviours (e.g. water transport and storage methods, maintenance of latrines, hand-washing, etc.). It is also linked to pollution and inadequate treatment. The major water pollution sources are run-off from solid waste disposal sites, municipal wastewater discharge, industrial effluents and agricultural activities. All wastewater is discharged untreated of which 30 percent is discharged directly into natural water bodies.

The majority of underground water sources are of poor quality due to high salinity and nitrate concentrations.

Several water streams have high concentrations of phosphorus, ammonia, organic matters and high coliform counts.

The Sebou basin that constitutes 29 percent of Moroccan water resources is heavily polluted by untreated industrial and municipal discharge and agricultural drainage. Nitrates and phosphorus are present as well as pesticide residues.

Most industries discharge untreated effluents and some 1bn cubic metres is discharged annually into natural water bodies.

I1.7.2 Land degradation and desertification

Agriculture is a mainstay of the economy and represents 21% of GNP. Agricultural land covers 92.5 million hectares (one third of the country’s surface area). Half of Morocco’s labour force is employed in agriculture. The richest agricultural lands are in the Oued Sebou Valley and the Atlantic

9

lowland plains. Most crops are grown by dry-farming methods, with irrigation necessary in the southern lowlands. Morocco has one of the highest rates of agricultural water use in the Mediterranean region, and it is estimated that erosion affects more than 70 per cent of the useable agricultural land area and that 22,000 hectares of arable land are lost each year. These developments are evidence of non-sustainable land use that threatens the viability of farming production in inland areas, and which will affect downstream irrigated areas. Overgrazing and deforestation are also affecting the land quality. Another impact of erosion caused by inappropriate farming practices and overgrazing is that the rate of sedimentation in Morocco’s major reservoirs has reached an average of 2 per cent. This will affect future storage capacity, and therefore water supply, at a time when the demand for water is projected to increase substantially.

I1.7.3 Loss of biodiversity

Morocco has suffered a loss of biodiversity due to a range of factors, including: habitat change and destruction (e.g. by deforestation); urbanisation; desertification; and impacts of development on coastal resources. Historically, the Atlas Mountains were covered by forests of evergreen species, oak, and cedar. However, there has been widespread loss of forest cover from overgrazing, burning, fuel wood gathering, and the effects of irregular rainfall, so that scrub composed of bushes and grasses now covers most the lower slopes and lowlands. The cork oaks at Mamora, near Rabat, are the only remnants of the tracts of forests that once covered most of the coastal plain. Morocco’s per capita consumption of fuel wood is high, and is 38% of the national energy consumption (11% in urban and 89% in rural areas). Morocco has the second largest consumption of charcoal in North Africa, after Sudan. Further loss of forest cover, whether for fuel wood or as a result of overgrazing, is contributing to the erosion and sedimentation problems described in the previous sections. Morocco exhibits high levels of biodiversity, but there are significant pressures upon it and records of localised extinctions (e.g. more than 40 species of mammals and 45 bird species). This loss of biodiversity is linked to deforestation; changing ecological conditions due to deterioration of the soil and encroaching desert in the south and east of the country; impacts on animal habitats due to human exploitation and disturbance (e.g. urbanisation); and deterioration of the coastal systems due to pollution and unplanned construction and poorly controlled tourism activities.

10

I1.7.4 Solid waste management

Solid waste management is a major problem in Morocco, with 95% of waste collected ending up in open dumps in 2002. Only 4% was recycled and 1% sent to landfill. There is no national SWM policy or strategy (as at 2002), although a draft SWM law has been under preparation since 2000 and was submitted recently to the government for review. This draft introduces the key strategic elements of SWM, identifies the key SWM principles and responsibilities of the major players and identifies the main SWM planning and financing instruments.

I1.7.5 Fisheries

Morocco has considerable marine resources, from both the Mediterranean and Atlantic coastlines. The Atlantic coastline is 3,500km long, and is one of the richest fishing grounds in the world. Fisheries have been a major industry in Morocco since the 1930s, and today seafood and seafood products in Morocco are 15% of total exports. The industry experienced very high growth during the 1980s, and by 1999 production had reached 727,000 tons, for domestic consumption, export and for the processing industry. However, the fishing industry in Morocco has received international attention from the conflict between Morocco and Spain over fishing rights, with the Moroccans claiming that Spanish boats were causing depletion of fish stocks in Moroccan waters, so preventing Moroccans from benefiting from their own natural resource. The dispute highlights the potential loss of fishery resources from over-fishing.

I1.7.6 Environmental impacts of mining

The production of phosphates is Morocco’s main industry. Morocco is the world’s third largest producer of phosphates and the leading exporter, and it has three quarters of the world reserves of phosphorite (70 billion m3), with an annual production of about 22 million tons (1999). Phosphate rock, phosphoric acid, and fertilizer are Morocco’s principal sources of export earnings. Calcium phosphate, rock salt, copper, coal, iron ore, lead, zinc, and manganese are also mined. Petroleum refining, food processing, and the production of cement, textiles, and chemicals are also economically important. All of these industries carry implications for the environment, particularly air quality and solid waste management.

I1.7.7 Environmental impacts of tourism

Morocco’s tourism industry is growing, and contributes a large proportion of the country’s foreign exchange earnings. It is now attempting to diversify its supply side by developing cultural and eco-tourism as a complement to the more traditional beach holidays. The cultural focus is primarily on the imperial cities of Fez, Meknes, Marrakech and Rabat, and in parallel Morocco is in the process of developing a national strategy to make its parks and nature reserves more user-friendly and accessible for sustainable tourism.

11

I1.8 EXISTING PROJECTS

The Department of the Environment has initiated the execution of several projects with the objective of protecting the environment and water resources. Among these projects are: • The PREMP (Pérénité des Ressources en Eau au Maroc): among its

objectives is the protection of water resources in the agricultural, urban and industrial sectors;

• The FODEP (Fonds de Depollution Industrielle): among its objectives is the promotion of the preventive approach and integrated environmental management within the industrial facilities.

I1.9 EXISTING INTERNATIONAL AID PROGRAMMES

The largest multilateral aid programme in Morocco is that of the World Bank, followed by the European Union and the African Development Bank. Amongst bilaterals, France is the largest (61% of the total), focused primarily on rural development and potable water with a strong emphasis on participatory community development. Germany (20%) is second, focused mainly on potable water and environmental management. USAID ranks third at 8%. The comments below cover primarily the multilaterals, as it has not been possible to get definitive information on bilateral activities.

I1.9.1 World Bank

The World Bank prepared a Country Assistance Strategy (CAS) for Morocco in 2001 as the basis for the Bank’s overall aid programme over the next three years. The CAS proposes a lending programme divided into a core component focusing on poverty, unemployment and human development, community-based rural development, and a complementary sector reform support component. The Bank’s major activity related to the water sector in recent years has been the Management of Water Resources Project, which led to the development of an action plan for water quality protection including a strategy for pollution control and a protection plan for water quality.

I1.9.2 European Union

The European Union has supported environmental management in Morocco: under the Euro-Mediterranean Association Agreement (MEDA) signed with Morocco in February 1996, Morocco is the leading recipient of MEDA funds in the Mediterranean region. Under the National Indicative Programme 2002-2004, environmental protection will receive 40m Euros, and under the MEDA 2000-2006 programme, solid waste management in Essaouira (2m Euros) and water sector adjustment (120m Euros) will be targeted. The major sectors receiving financing are:

12

• Water supply and sanitation (40m Euros); • Integrated rural development and forestry (80m Euros); and • Sewage systems in major cities (20m Euros in interest subsidies for

European Investment Bank loans).

I1.9.3 United States Agency for International Development

In terms of support for environmental management, USAID focuses primarily on community development and agriculture. In the area of the environment and natural resources, USAID has provided access to sanitation and other services for more than 100,000 urban below-median-income families. USAID support has also reduced industrial pollution by promoting energy-saving practices and technologies, including U.S. equipment worth $2.5 million.

USAID is also actively involved in supporting programmes for water resources management, and partners with other donors and in particular with Moroccan foundations and nongovernmental organizations (NGOs) to create complementary programmes.

I1.9.4 African Development Bank

The African Development Bank (AfDB) has financed a number of environmental infrastructure projects. The most recent project is the Drinking Water Supply and Sanitation Project, which aims to provide Bouznika with sanitation services; water supply to Tiznit and Sidi Ifni; and support the upgrading of water supply to Tan Tan and El Ouatia. Most appear to be ‘traditional’ large-scale infrastructure projects, and it is not clear the extent to which poverty and sustainable development considerations have been integrated.

I1.9.5 United Nations Development Programme

UNDP has completely shifted its focus in Morocco from sectoral initiatives to crosscutting themes, with the aim of supporting environmental management, governance, poverty, and the social sector. UNDP’s main involvement is in biodiversity sustainable planning programmes, solar water heating and renewable energies.

CONTENTS

I1 ENVIRONMENTAL ISSUES, INSTITUTIONS AND LEGISLATIVE FRAMEWORK IN MOROCCO 1

I1.1 INTRODUCTION 1 I1.2 OVERVIEW OF CHALLENGES 1 I1.3 EXISTING REGULATION 1 I1.4 INSTITUTIONAL SET-UP 5 I1.5 INSTITUTIONAL CHALLENGES 7 I1.6 FUNDING FOR ENVIRONMENTAL MANAGEMENT (INVESTMENTS) 7 I1.7 EXISTING ENVIRONMENTAL PROBLEMS 8 I1.8 EXISTING PROJECTS 11 I1.9 EXISTING INTERNATIONAL AID PROGRAMMES 11

Annex J

Syria

J1 INSTITUTIONAL AND LEGISLATIVE FRAMEWORK IN SYRIA

J1.1 INTRODUCTION

This country report looks at the current environmental legislation in Syria, providing an overview of the institutional legal framework that supports it. Existing environmental problems and legislative challenges are discussed with particular reference to wastes, water, air quality, integrated pollution prevention and control (IPPC), and Environmental Impact Assessment. Environmental legislation is still very much in its infancy in Syria, despite the fact that it was the first Arab country to establish a Ministry specifically for environmental affairs in 1991, (Ministry of State of Environmental Affairs). The Environment Law was published in 2002, but executive regulations implementing this law are yet to be finalised although the importance of producing them is recognised. The recent creation of the Ministry of Environment and accompanying reorganisation of responsibilities amongst other related ministries demonstrates Syria’s increasing commitment to tackling environmental issues. However, institutional immaturity dictates that there is still some way to go before environmental legislation becomes fully established, implemented and followed.

J1.2 OVERVIEW OF CHALLENGES

Challenges being faced by the environmental sector in Syria include a general lack of experience and credibility of Ministries having environmentally related responsibilities within the government. While steps are being taken to improve and strengthen environmental legislation this is a very new area for Syria. This, in combination with the new restructuring of the Ministry of Environment, financial limitations and institutional weaknesses sets the scene for much hard work in the future.

J1.3 EXISTING LEGISLATION

Before 2002, Syria had no environmental legislation. This changed with the publication of The Environmental Protection Law, Law 50 which makes provisions for all areas of environmental protection. However, to date, although they are in process, no executive regulations have been finalised to actually implement the law. The lack of executive regulations also affects the ability of Syria to meet the requirements of international environmental conventions which Syria has ratified. While environmental legislation has been slow to develop, Syria has adopted a National Environmental Action Plan which, if implemented according to the defined time schedule, would lead to an improvement in overall sustainable

development in Syria. The overriding objective of NEAP is to contribute to the protection of the health of the Syrian population, and to manage scarce materials and cultural resources in a rational and cost-effective manner while allowing economic growth to continue unimpeded by environmental degradation. The following sections describe the legislative situation in Syria with regards to waste, water, air quality, integrated pollution prevention and control and environmental impact assessment.

J1.3.1 Wastes

Solid waste management

In Syria there are no laws for solid waste management and no national policy or solid waste management strategy has been developed. Where there are regulations, these come into force through the issue of decrees and orders from the Prime Minister and the Minister of Local Administration. The environmental law, Law 50 of 2002, does include some provision for solid waste management, but to date its executive regulations have not been prepared. It is the responsibility of each Governorate to plan and implement regional solid waste management strategies while the Municipalities hold the responsibility for all solid waste management activities, such as day-to-day management and operations, fee and tax collection and private sector services contracting. As the ‘competent authority’, the Ministry of Local Administration is involved indirectly through the supervision of municipal activities. It is the responsibility of the Ministry of Environment to implement and enforce the environmental law and for developing national waste management strategies. Hazardous waste management (HWM)

There is no specific legal framework for hazardous medical waste in Syria and while the Environment Law, (Law 50) makes provisions for HWM, applicable executive regulations to support the law have not been finalised. Overall responsibility for co-ordinating all HWM management activities in Syria lies with the Higher Council for Environmental Safety (HCES). The Ministry of Environment is responsible for developing the appropriate policy, monitoring the implementation of the legislation, and inter-sectoral co-ordination.

J1.3.2 Water

Water quality management

The main instrument for water quality management is the old (French) Water Law. Decree No. 2145 (1971) and Law No. 17 (1982) regulates water exploitation and water quality monitoring and according to Law 17, The

Ministry of Irrigation is given the responsibility for the protection of all freshwater resources from pollution, as well as conserving the different watersheds throughout the country. They are therefore responsible for enforcing compliance with wastewater discharge regulations. To monitor progress, the Ministry of Irrigation has set up a large number of testing stations along the major waterways. In addition to the above there is also Legislative Decree No. 30 on the Protection of Aquatic Life, 25 August 1964. This covers the protection of public waters (Chapter 6, articles 32 and 33) which dictates that the dumping of factory and laboratory waste harmful to aquatic life and of chemical and oil waste from sewers and ships into public waters is strictly prohibited. Owners of factories and laboratories, as well as of oil tankers, pipelines and chemical substances are to ‘take the necessary measures to avoid damage to public waters’. Water ownership and use

Individual laws covering water ownership and use include:

Order-law No. 165 of 27 September 1958 on the installation of pumping equipment on public waters;

Legislation decree No. 284 of 25 November 1960 amending Law No. 165 of 27 September 1958 regulating the installation of pumping equipment on public waters;

Order-law No.79 of 16 March 1960 making the drilling of wells subject to a prior authorisation issued by the interested administrative agency; and

Law No. 3 of 13 February 1972 organising dam operation. Decree (Ministry of Agriculture) on use of modern agricultural techniques.

By 2006 all irrigated land must be using modern technology. New water legislation

A new water law is under consideration by the government. Several articles of the proposed water law address the protection of public water from pollution and identify sanctions to be applied for violations including failure to protect water quality and using polluted water for irrigation. Under this new legislation the Ministry of Irrigation will still have responsibility for enforcing compliance in addition to responsibility for the macro allocation of water.

J1.3.3 Air quality

There is currently no Syrian law ruling emission to the atmosphere from industrial activities, although the new Environmental Law (Law 50) does make provisions for it. Executive Regulations are pending.

J1.3.4 Integrated pollution prevention and control

There is currently no specific legislation for IPPC although there are a number of guidance documents that set specific limits on factory air emissions (so called ‘end-of-pipe’ regulations). However, these regulations are not

effectively enforced. Within the industrial sector this problem is compounded by inherent structural and institutional weaknesses that result in encouraging operators to discharge up to the emission limits set by the regulator. As such, there are no financial incentives for companies to reduce emission limits beyond those stated, nor to continually improve environmental performance. The MoE is developing good housekeeping and eco-efficiency schemes, and has established a committee to consider the adoption of ISO 14000. Despite the lack of specific IPPC legislation in Syria a number of companies have implemented ISO 14001 and management tools such as waste minimisation and energy management programmes, good housekeeping practices, impact assessments and environmental auditing have been incorporated into their EMS’. These companies have recognised that while at present there is no effective legislation in force, in the near future demands for effective environmental management will be tougher with ever increasing government and public pressure to provide more detailed environmental reporting. This is an encouraging trend in Syria and one that deserves active encouragement. Syria does have a national chemical strategy profile which aims to develop an integrated management system that will ensure the safety of those who deal with chemicals. In addition, a data base networking system on dangerous chemicals is being formed in collaboration with the Swiss Agency on International Co-operatoin (SICA).

J1.3.5 Environmental Impact Assessment and public participation in environmental decision making

The enabling legislation for EIA in Syria is the Environmental Protection Law No. 50 of 2002. The detailed legislation for EIA is a Draft Decree. Despite only recent legislation being published Syria does have an established procedure for conducting an EIA. This includes the following stages:

Obtaining a sectoral permit from the relevant Ministry; Obtaining an administrative permit from the relevant Governorate (can

only be obtained after an environmental permit has been obtained from the Governorates Environmental department);

Scoping stage (alternatives do not need to be considered by proponent); Implementation of EIA programme – includes preparation and submission

of an EIS (description of project, a baseline description, and prediction of likely impacts);

Review of EIA by EIA Unit; and Decision statement produced by EIA Unit.

There is no provision for public participation in the current procedural practices.

Despite these procedures, where EIA’s have been carried out, they have generally been a requirement of donor assisted aid and are therefore carried out to the relevant standards, i.e. World Bank, USAID, EU, etc. There are currently no consulting organisations in Syria capable of conducting full EIA studies, however, public sector developers in Syria are obliged by law to use public sector consultancy organisations which already have some environmental experience. Most consultancies are engineering oriented and have expressed an interest in developing their skills for EIA studies, subject to enactment of the law. EIA expertise in the governmental sector is generally lacking. However, with appropriate training and the ability to call in external specialists, it should be possible for EIA capabilities in the public and private sectors to improve. Under the Ministry of State for the Environment (now the Ministry of Environment) an EIA Unit was established and is the main administrative body for EIA. They are also the competent authority for environmental acceptability. While EIA is not fully established in Syria, the involvement of the EIA Unit in existing permitting processes for small private sector developments has acted as an interim measure, helping to establish the MoE’s presence in environmental protection and strengthen governerate’s own environmental departments.

J1.4 PRINCIPAL CHALLENGES FACING ENVIRONMENTAL LEGISLATION

Perhaps the main challenge facing environmental legislation in Syria is the immaturity of the environmental sector and a lack of expertise in this field. In addition to this, environmental divisions within the government have historically lacked credibility and have not been allocated specific funds for implementing environmental programmes. This in combination with weak implementation of existing legislation does not provide a strong platform on which to build. In Syria pollution and environmental damage arise from the fact that environmental resources are ‘free’, i.e. their true cost is not accounted for. In addition there is an absence of civil liabilities for environmental damage in the Syrian legal system, leaving industries disinclined to improve their environmental performance. This has led to over exploitation and pollution and has established a culture of environmental degradation. It will therefore take strong legislation and effective enforcement to overcome this established mindset of exploiting resources. Again, this requires strong institutions – something that is currently lacking in Syria.

J1.5 INSTITUTIONAL SET-UP

A Ministry of State for Environmental Affairs was established in 1991 and was given the role of co-ordinating environmental responsibilities among ministries rather than the role of implementation, i.e, environmental policy

and legislation responsibilities were fragmented among various government ministries, directorates, commissions and high councils. However, in September 2003, a new Ministry of Environment (MoE) was established, merging the preceding Ministry of State of Environmental Affairs with the Ministry of Local Administration. There is currently a drive to move towards local governance in Syria and as the 11 local Governorates are closely affiliated with the Ministry of Local Administration, this bottom-up approach should, in turn, give strength to the MoE. However, the new structure is still not very clear and it will take a while before definite roles become fully established and recognized. In addition to the MoE, the Syrian Environmental Association (SEA) was founded in August 2001 and aims to develop a national strategy in co-operation with the government to protect the environment and to enact laws that help propagate this protection. It also aims to increase public awareness of environmental issues and develop positive attitudes towards the country’s heritage. In order to attain set objectives, SEA uses up to date scientific research findings concerning the environment and works in co-ordination with local, Arab and international organisations concerned. Since its foundation, SEA has launched a number of successful campaigns and has started an annual project to work within schools to raise the environmental awareness of children.

J1.5.1 Organogram

There was a reshuffle of the Ministries in September 2003 (see above) and as a result the new structure is not very clear. At this point it is therefore not relevant to provide an organogram as it is likely to change.

J1.6 INSTITUTIONAL CHALLENGES

Within the environmental sector a general lack of experience, high staff turnover and reorganisation of environmental responsibilities within and between Ministries (in 2003) has led to a slow down in progress. It will take time for Ministries to define and establish their role which itself will be a challenge based on their past weak overall position and the lack of understanding shown to them by other ministries.

J1.7 FUNDING CHALLENGES

Until 2002, the Ministry of Environment had no funding budget to implement environmental projects. However, in the ninth, 5 year Development Plan for Syria the environmental sector was given more importance and their role was more defined. This has subsequently led to the Ministry being given an investment budget which is currently in the process of being allocated. This new level of responsibility will pose significant challenges as the Ministry first needs to establish its own role before it can distribute funds efficiently and appropriately.

J1.8 EXISTING ENVIRONMENTAL PROBLEMS

Syria has a number of environmental problems that need to be tackled especially in regard to its water, land resources, and forest resources. These can be listed in order of priority as follows:

J1.8.1 Water issues

This relates to both quality and quantity issues. Water resources in Syria are limited, however there has been a gradual increase in use of resources over the years as a result of subsidised use for households and increasing living standards, cheap water for industries (although it is not subsidised) and use by the agricultural sector which consumes approximately 89% of all resources. In addition to this lack of rationalisation there has been a general decrease in the average rainfall. These factors have led to a subsequent drop in the water table. Quality issues are a problem due to lack of effective legislation and control of emissions into water resources from both point and diffuse sources.

J1.8.2 Land degradation

Syria suffers from land degradation through mismanagement of farming, and urban expansion. Already, Syria is 55% desert steppe and there is a continuing threat that this will expand if measures are not taken to prevent further degradation. Syria’s climate also threatens its soil resources. Only 31% of the land is cultivable and although the country has reclaimed some of the vast eastern desert, salinity and waterlogging continue to be a problem in the fight against desertification. In addition, deforestation is becoming an issue with only 2.4% of the country’s surface area being forested.

J1.8.3 Illegal settlements in Damascus and Aleppo

Damascus and Aleppo are Syria’s largest cities and they attract large numbers of migrants from other areas of the country. Many of these people are poor economic migrants, and the cities do not have sufficient housing provision which has led to the construction of many illegal settlements in the suburbs. These areas lack basic services and as a result are a major source of environmental pollution in the cities.

J1.8.4 Air quality

In major cities air pollution is becoming a serious issue due to the increasing levels of traffic. Traffic levels are predicted to rise and therefore this will become an ever increasing issue for Syria. In addition, the lack of enforced

emissions standards compounds the problem, as does the fact that the majority of vehicles are very old.

J1.8.5 Lack of environmental awareness

In addition to the above-mentioned environmental problems there is also a general lack of environmental awareness which hinders any progress made in the environmental sector. Without understanding the principals behind legislation and guidance it becomes difficult for behaviours to change.

J1.9 EXISTING ANALYTICAL REPORTS ON ENVIRONMENTAL LEGISLATION AND POLICY

There is very little published analysing environmental legislation and policy in Syria. Processes are still in their infancy and therefore have not become established enough for analyses to be made. Documents that have been located include: Syrian ISO 14001 pioneers anticipate growing pressure for environmental legislation in developing nations. ISO Management Systems, May-June 2002; Evaluation of the Syrian EIA System Report, METAP EIA Institutional Strengthening Project. http://www.citet.nat.tn/pdfs/metap-evaluation-eia-system-syria.pdf

J1.10 EXISTING PROJECTS

The table below identifies environmental projects being carried out in Syria. A brief description is provided along with an indication of the project duration and, where available, the budget allocated.

Table 1.1 Table

Theme Project title Project sponsor (e.g. government, donor etc.)


Wastes Water Planning for

integrated water resources management

UNDP, implemented by the Ministry of Irrigation (2:1)

Aims to improve approach to IWRM by introducing river basin management

3 years (2001-2004)

$1,200,000

Air quality IPPC EIA

Theme Project title Project sponsor (e.g. government, donor etc.)


General Environment

Grant assistance to the Syrian Environment Association

Government of Japan

Grant to be used by the Environment Association to start campaign that aims at developing environmental public awareness regarding several issues such as environmental protection, curbing pollution and rationalising the use of natural resources.

2002 $39,453

Training course on Regional Information Environmental System

Ministries of Environment in Syria, Lebanon, and Jordan and the German International Co-operation Agency

To overview information on monitoring capabilities for air and water in the participating countries and to develop a meta-information system.

2001 Unknown

Enforcement program agreement between Syria and Morocco.

Governments of Syria and Morocco

Provides for the development of the two states’ capacities and the conducting of joint projects to struggle against desertification, climate change, industrial pollution and biological diversity.

2002 Unknown

J1.11 LIKELY FUTURE CO-OPERATION WITH EU

The European Union and Syria have been linked by a Co-operation Agreement as of 1978. Since 1995, the relationship between Syria and the EU has developed within the context of the “Euro-Mediterranean Partnership”. Until 1995, EU-Syria co-operation was centred around “classical” development activities (irrigation schemes, education etc.). However, with the Euro-Mediterranean Partnership, co-operation has evolved towards supporting the economic reforms that are necessary to give Syria its place in the world economy: reform of the banking sector, business development, improved management of public services, training and education, demography and environment. With this in mind it is likely that Syria will be interested in furthering their co-operation with the EU.

CONTENTS

J1 INSTITUTIONAL AND LEGISLATIVE FRAMEWORK IN SYRIA 2

J1.1 INTRODUCTION 2 J1.2 OVERVIEW OF CHALLENGES 2 J1.3 EXISTING LEGISLATION 2 J1.4 PRINCIPAL CHALLENGES FACING ENVIRONMENTAL LEGISLATION 6 J1.5 INSTITUTIONAL SET-UP 6 J1.6 INSTITUTIONAL CHALLENGES 7 J1.7 FUNDING CHALLENGES 7 J1.8 EXISTING ENVIRONMENTAL PROBLEMS 8 J1.9 EXISTING ANALYTICAL REPORTS ON ENVIRONMENTAL LEGISLATION AND POLICY 9 J1.10 EXISTING PROJECTS 9 J1.11 LIKELY FUTURE CO-OPERATION WITH EU 11

Annex K

Tunisia


K1

K1 ENVIRONMENTAL ISSUES, INSTITUTIONS AND LEGISLATIVE FRAMEWORK IN TUNISIA

K1.1 INTRODUCTION

This country report looks at the current environmental legislation in Tunisia, providing an overview of the institutional legal framework that supports it. Existing environmental problems and legislative challenges are discussed with particular reference to wastes, water, air quality, IPPC and Environmental Impact Assessment.

K1.2 CONTEXT

Tunisia is bordered by Libya in the south-east, Algeria in the west, and has a shoreline on the Mediterranean to the north and east. The climate ranges from humid in the extreme north to desert-like in the extreme south. Three major agro-ecological zones can be identified:

• The North, constituting a sylvo-agricultural region (mainly forests and annual crops);

• The Centre, constituting an agro-pastoral region (pasturelands and crops); and

• The South, characterized by its aridity and vulnerability of its soils to desertification.

The country’s natural environment is characterized by both the scarcity and the fragility of its water, soil and vegetation resources. It is facing the growing needs of an increasing population – at 9.8 million (2002), this has doubled over the last 25 years. This growth, together with agricultural and industrial expansion and urbanization, has often been accompanied by the overexploitation of resources resulting in their degradation. In geopolitical terms, Tunisia falls into a number of different areas – Euro-Mediterranean, Maghreb, Arab-Muslim and African. Tunisia is the first south Mediterranean country to have signed (1995) an association agreement with the European Union (EU). Tunisia also continues to work for the construction of the Arab Maghreb Union.

K1.3 OVERVIEW OF CHALLENGES

The importance of environmental protection for long-term socio-economic stability and sustainability is well recognised in Tunisia and has received particular attention during the 1990s. The country has developed its policy, legislation and institutions for environmental protection and sustainable development considerably over the past decade. This commitment is reflected in the relatively good state of Tunisia’s environmental resources compared to those of other countries in this region. Nevertheless, the country faces a number of challenges including the threat of desertification; pressure on


K2

sensitive coastal ecosystems from population growth and economic expansion; and an increasing volume of solid waste, again due to population growth and higher consumption levels.

K1.4 EXISTING REGULATION

Tunisia’s commitment to sustainable development is demonstrated by its integrated approach to economic growth and environmental protection. The 9th Economic and Social Development Plan (1997-2001) provided for long-term strategies on the preservation of natural resources and environmental protection; on energy management and development of renewable energies; and on territorial and urban development. During the Plan period, the government’s policy in terms of economic and social development has been oriented towards:

• A clear integration of environmental issues within development activities;

• A wider participation of beneficiary groups and other concerned parties in optimizing the management of natural resources (forests, water, soil);

• A gradual integration of environmental costs within development projects; and

• A reinforced legislative and regulatory framework taking sustainable development into consideration.

K1.4.1 Major international environment accords

Tunisia has ratified a number of international environmental conventions:

• The Convention for the Protection of the Mediterranean Sea against Pollution, Barcelona 1976, ratified by Tunisia in 1977 and revised in 1995;

• The Geneva Protocol (1982) on specially protected areas in the Mediterranean, ratified by Tunisia in 1983;

• The International Convention on Oil Pollution Readiness, Response And Co-operation, (1990), ratified by Tunisia in 1995;

• Convention for migratory species (Bonn, 1979), ratified by Tunisia in 1986;

• Montreal Protocol on Substances that Deplete the Ozone Layer (1985); • The United Nations Convention on Climatic Change (1992); • United Nations Convention on Biodiversity in 1992, signed by Tunisia

in 1992 and ratified in 1993; and • 1994 United Nations Convention to combat Desertification – Tunisia

was one of the first countries to ratify it.


K3

K1.4.2 Wastes

Tunisia launched its National Programme for Solid Waste, Industrial or Special Waste Management, (the PRONAGDES), in 1993. This has three key objectives:

• The prevention and reduction of the waste production and toxicity; • Profitable use of waste by recycling and any other activity involving

re-using waste substances; and • Storage and processing of waste in appropriate sites and stations.

Specific legislation dealing with waste includes:

• Law 96-41 of 10/06/1996 on the control, management and disposal of waste; and

• Decree n°97-1102 laying down conditions and methods for the collection and management of used bags and packaging.

K1.4.3 Water

Water quality is enshrined in the following laws:

• The law of 17 July 1995 on water and soil conservation; and • The law 95-70, relating to the National Council for Water and Soil

Conservation.

K1.4.4 Air quality

Tunisia’s national air quality strategy is implemented by the Ministry of the Environment and Land-Use Planning in collaboration with the National Environmental Protection Agency and the Tunis International Centre for Environmental Technologies (CITET), as well as various partners concerned with air pollution issues. Tunisia’s air quality regulations are based on governmental directives on the presence of polluting substances released by industry, heating and transport in the atmosphere. Legislation on air quality is based on the principle that there are thresholds not to be exceeded in a given period for chemical pollutants. These thresholds are valid for all Tunisia. Tunisian air quality legislation takes into account the regulations and directives emanating from the World Health Organisation.

K1.4.5 Biodiversity

Biodiversity in Tunisia is protected at the national level through the strategy for the preservation of biodiversity. One of the main features of this strategy is the Main Verte (Green Hand) programme. Specific laws governing the protection of biodiversity in Tunisia include:


K4

• Law 94-122 of 28 November 1994 promulgating the National Land-Use

and Town Planning Code; • The forestry Code (Law No 88-20 of 13 April 1988); • Decrees of creation of national parks (1977 and the followings); • Circulars of creation of Nature Reserves; and • The annual circular of the Ministry of Agriculture relating to the

organisation of hunting.

K1.4.6 Coastal/marine/fisheries

There are a number of laws dealing with coastal, marine and fisheries protection in Tunisia:

• Law 94-13 of 31 January 1994 on fishing and circulars issued by the Ministry of Agriculture.

• Law 95-73 of 24 July 1995 on the Public Maritime Domaine and decrees currently being drawn up to define coastal areas.

• Law 94-122 of 28 November 1994 promulgating the National Land-Use and Town Planning Code.

• Law 96-29 of 3 April 1996, setting up a national emergency intervention plan to deal with sea pollution.

• Law 94-13 of 31 January 1994 on fishing and circulars issued by the Ministry of Agriculture.

K1.4.7 Environmental impact assessment and public participation in environmental

decision-making

Enabling legislation for environmental impact assessment was introduced as part of Law No. 91 of 1988, which defines the roles of the Agence Nationale de Protection de l’Environnement (ANPE), and provides obligations for undertaking EIA. Executive regulations for EIA are defined in Decree No. 91-362 of March 1991. The EIA Directorate of ANPE is the body responsible for EIA in Tunisia. ANPE is responsible for administering, reviewing, and monitoring EIAs. Other government authorities which are competent to issue authorisations for development activities may not do so until ANPE has issued its approval for the project, based on an EIA study. Some 1,200 EIA studies are currently undertaken annually. These are all administered centrally by the EIA Directorate in ANPE. Consideration is currently being given to a proposal to reduce the number of projects requiring EIA. The system is well established, with a number of local consultancies experienced in undertaking EIA studies. The World Bank’s METAP initiative undertook a review of Tunisia’s EIA system in December 2000, which revealed a number of areas for further strengthening. These included: public participation, access to EIA reports, environmental management plans, content of EIA reports, nontechnical summary, analysis of alternatives, pollution control, transboundary and global impacts, and the preparation of technical guidelines.


K5

K1.5 INSTITUTIONAL SET-UP

The Ministry of Environment and Land-Use Planning has principal responsibility for environmental protection in Tunisia. It is involved in drawing up of regulations and standards, preparation of national programmes, approval of investments, launch of model operations, help to local authorities and industry, and public information campaigns. The Ministry’s implementing arm is the National Agency for Environmental Protection and it is further supported by a range of other committees and agencies:

K1.5.1 National Sustainable Development Committee

The National Sustainable Development Committee (CNDD) was set up in 1993 to adapt development policies to the requirements of sustainable development. A ministerial-level body (chaired by the Prime Minister), it aims to promote sustainable development through:

• Reinforcing institutional structures and procedures, ensuring the full integration of issues related to the environment and to development at all levels of decision-making;

• Participation by communities, communal groups, and organizations to the decision-making process; and

• Developing, in the long run, an environmental accounting system based on new development indicators.

National Committee on the Struggle against Desertification

A National Committee on the Struggle against Desertification was set up within CNDD and in 1998 adopted the ‘National Action Plan for the Struggle against Desertification’. A national fund for the struggle against desertification was officially established in December 1997. National Committee on Biodiversity and Biosecurity

CNDD also encompasses the National Committee on Biodiversity and Biosecurity; this committee has helped develop a national strategy and action plans adopted in 1998.

K1.5.2 Inter-Ministerial Committee for Territorial Development

The Inter-Ministerial Committee for Territorial Development (CIAT) undertakes environmental and land use planning.

K1.5.3 National Waste Water Management Agency

The National Waste Water Management Agency (ONAS) is currently responsible for the construction and the management of domestic solid waste treatment units in eleven towns in the Mejerda River watershed.


K6

K1.5.4 Ministry of the Interior, General Directorate for Local Authorities (DGCPL)

This directorate is responsible for the establishment and management of controlled landfills and solid waste treatment units. At present, it manages the Greater Tunis landfills.

K1.5.5 Municipal Agency for the Processing and Re-use of Waste (AMTVD)

This Agency was established in 1990 to manage the District of Tunis landfills (29 municipalities), when the ONAS withdrew.

K1.5.6 Local government

Tunisia has a system of ‘communes’ (local authorities) responsible environmental management at the local level, e.g. they undertake the collection, sorting, processing, removal and burial of waste at controlled landfills.

K1.6 FUNDING FOR ENVIRONMENTAL MANAGEMENT (INVESTMENTS)

Since the Rio Summit in 1992, Tunisia has attempted to introduce a system of economic mechanisms designed to encourage environmentally responsible behaviour. These measures are intended to have a twofold impact:

• Financially support all those who reduce or eliminate pollution caused by their own activities; and

• Significantly increase costs paid by polluters. The funding allocated to environmental protection by the Tunisian government has increased significantly over the past decade. Table 1.1 shows the heightened priority given to these issues in the 9th Economic Development Plan compared to its predecessor, reflecting a clear political resolve to provide the country with a steady and sustained development.

Table 1.1 Investment in the protection of natural resources (in million DT), 9th and 8th Plans

Investment area 9th Plan 8th Plan Sanitation 566.2 424.2 Protection of cities against floods

65.0 34.1

Environmental protection 518.0 187.9 Wildlife preservation 658.0 434.6 Mobilization and exploitation of water resources

1,838.4 1,087.5

Forests and pastures 394.6 195.3 Water and soil protection 243.9 222.8 Struggle against silting 20.2 16.5 Total 4,305.0 2,602.9


K7

K1.7 EXISTING ENVIRONMENTAL PROBLEMS

K1.7.1 Water resources scarcity and water pollution

Tunisia has limited water resources, and these are unevenly distributed in geographic and seasonal terms. Furthermore, half of its available resources are too saline to be used without restrictions. The country’s growing population (it has doubled over the last 25 years) and socio-economic development is putting pressure on existing water resources and their management and supply. Conflicts over water use could well increase in coming years as households, industry and agriculture compete for the available resources. However, Tunisia has so far succeeded in managing its water availability and quality such that at present these issues are not a serious problem in the country. The situation is especially favourable compared to that in other countries in this region.

K1.7.2 Land degradation and desertification

By contrast with the issue of water availability and quality, land degradation and desertification are significant problems across Tunisia today. Much of Tunisia’s land mass is a fragile, highly arid environment susceptible to soil erosion and other causes of land degradation. More than 75% of the country may be considered as being under the threat of desertification, with barely 6% definitely not at risk, being situated in wet and sub-humid zones.

K1.7.3 Loss of biodiversity

The problem of desertification affects Tunisia’s arable and grazing lands and forests, with knock-on effects for fauna and flora, which only survive with some difficulty. Marine and coastal environments are so far less affected but strict management will have to be maintained if they are to survive.

K1.7.4 Solid waste management

The production of domestic and industrial waste has grown rapidly in Tunisia due to population growth and urban expansion, as well as improved living standards (leading to higher levels of consumption) and economic development. Domestic waste has reached the level of 1,800,000 tonnes/year, while industrial waste has reached the level of 320,000 tonnes/year, excluding the mining and phosphates sectors. These volumes may be expected to grow four or fivefold by 2025 due to the pressures outlined above.

K1.7.5 Coastal zones and fisheries

Tunisia has 1,400 km of coastline which is currently under pressure from urbanisation, tourism, industry fishing and oil developments, all expanding and not always effectively controlled. However, there is fairly strong awareness of the importance of protecting Tunisia’s coastline and marine


K8

resources, which is reflected in the country’s national strategy for the coastline and territorial waters.

K1.7.6 Air quality

Tunisia again differs from many other countries in the MED region in the sense that air quality, like water quality and availability, is not such a severe problem here as it is elsewhere. Although it does suffer atmospheric pollution from a variety of sources, including industry, levels are still relatively low. The main stationary sources of atmospheric pollution in Tunisia are:

• Electric turbines and power plants of the STEG (Société Tunisienne de l’Electricité et du Gaz), which increasingly rely on natural gas;

• Cement factories; • Chemical industries; • Steel-making and metal production units; • Quarries; and • Mines in the Gafsa region.

In collaboration with the National Agency for Environmental Protection, CITET has participated in the setting up of a National Network for Air Quality Monitoring. CITET is responsible for the maintenance of this network, which has five monitoring stations with a total of 48 captors located in Tunisia’s main cities and industrial areas.

K1.8 EXISTING PROJECTS

Germany has granted support in developing a National Action Plan for the Struggle against Desertification. In addition, the World Bank is funding a project for the protection of natural resources as well as a project aimed at helping Tunisia reform its water management policy. With regard to biodiversity management and protection, Japan is funding a large-scale project for the integrated management of Tunisian forests. The World Environment Fund is partially funding the implementation of national strategies related to biodiversity and biological safety.

K1.9 INTERNATIONAL SUPPORT TO ENVIRONMENTAL PROTECTION

Tunisia has received financial support from a range of international bilateral and multilateral donors, complementing national programs related to the following fields and aspects of environmental protection, among others:

K1.9.1 Waste water treatment

The sector has received continued financial support from donors and also from international co-operation. This has often been in the form of subsidized loans or sometimes of grants. Bilateral donors involved in this sector include Germany, Sweden, the Netherlands, Japan, France, and Belgium. Multilateral


K9

organizations include the World Bank, the European Investment Bank, the Islamic Development Bank, and Nordic Funds. In most cases, these projects are co-financed, including external resources and funds from the state budget.

K1.9.2 Solid waste management

Tunisia’s national solid waste management programme (PRONAGDES) includes a component aimed at setting up treatment units involving the European Investment Bank as well as German co-operation through KfW.

K1.9.3 The struggle against industrial pollution

Germany and the EIB have been involved in a project on the de-pollution fund (FODEP); while in the field of atmospheric pollution, a project aimed at protecting the ozone layer has been carried out in co-operation with WEF and UNCTAD.

1

CONTENTS

K1 ENVIRONMENTAL ISSUES, INSTITUTIONS AND LEGISLATIVE FRAMEWORK IN TUNISIA 1

K1.1 INTRODUCTION 1 K1.2 CONTEXT 1 K1.3 OVERVIEW OF CHALLENGES 1 K1.4 EXISTING REGULATION 2 K1.5 INSTITUTIONAL SET-UP 5 K1.6 FUNDING FOR ENVIRONMENTAL MANAGEMENT (INVESTMENTS) 6 K1.7 EXISTING ENVIRONMENTAL PROBLEMS 7 K1.8 EXISTING ANALYTICAL REPORTS ON ENVIRONMENTAL LEGISLATION AND POLICYERROR! BOOKMAK1.9 EXISTING PROJECTS 8 K1.10 INTERNATIONAL SUPPORT TO ENVIRONMENTAL PROTECTION 8

Annex L

West Bank and Gaza

2

3

L1 INSTITUTIONAL AND LEGISLATIVE FRAMEWORK IN WEST BANK AND GAZA

L1.1 INTRODUCTION

The West Bank and Gaza are geographically separate areas that together form the Palestinian political entity. The West Bank is situated between Israel and Jordan (on the West Bank of the River Jordan); and Gaza, which has a short coastline on the eastern shores of the Mediterranean, is between Egypt to the South and Israel to the north. The total area of the West Bank (including East Jerusalem) covers 5,820 km2, while Gaza covers 365 km2. This country profile discusses the institutional framework as well giving an overview of dominant present environmental problems. The two areas of “the West Bank/Gaza” have had a turbulent, and changing political status during the 20th century. The legal situation in the Occupied Palestinian Territories is unique and rather complex, as successive Ottoman, British, Egyptian, Jordanian and Israeli administrations have deeply influenced current legal instruments and associated structures and practices. Any issue in the West Bank and Gaza must therefore be understood within the context of the current conflict, known as the Al Aqsa Intifada, and the area’s volatile history over the last 50 years. The Israeli presence within the West Bank/Gaza’s territory and influence over all aspects of life further complicates the situation and poses significant challenges to sustainable use of resources and the livelihoods of Palestinians. Resource allocation is inequitable - Israel consumes more than 90% of ‘shared’ water resources, and policies promoting agricultural expansion by Israeli settlements restrict Palestinian opportunities to increase agriculture. Further, the West Bank and Gaza do not function as a ‘country’ in the typical sense, which limits the institutional ability to both promulgate, and enforce, environmental regulations. It also limits the ability for reliable information and record keeping. Indeed, before the occurrence of the Oslo peace talks, there were no administrative powers for the Palestinian Authority over land in the West Bank and Gaza. Until May 1995, all environmental responsibilities in the Occupied Palestinian Territories, and especially in the West Bank, were held by the Israeli Civil Administration. These responsibilities were administered through the Environmental Health Department under the Israeli Ministry of Health and limited mainly to inspections. Following the establishment in 1993 of the Israeli Ministry of Environment, the Department of the Environment was established in the Civil Administration, which carries out projects in the fields of solid waste and liquid waste treatment, pest control, and more. Municipalities were the main environmental service providers and this continues to be the case under the Palestinian Authority. After the Oslo Accords, the Palestinian and Israeli parties agreed, among others, on specified geographical areas for which administrative authority was transferred to the Palestinian Authority. The parties also agreed to establish a

4

number of ministries and authorities. Based on these agreements, a Palestinian authority responsible for environmental issues was established. Following Presidential Decree No 2 designating a new Cabinet, a Palestinian Ministry of Environmental Affairs was established. However, after administrative reforms, Presidential Decree No 6 in 2002 established the Environmental Quality Authority as the successor of the Ministry of Environmental Affairs.

L1.2 OVERVIEW OF CHALLENGES

There are a number challenges facing the environmental sector in West Bank and Gaza. The main challenge is the difficult circumstances of living under the occupation with all the curfews, communication and mobility restrictions imposed during the conflict and partial or full closures. This is in addition to political unrest in the region which causes continuous changes in the government, hence the continuous weakness of institutions, lack of environmental legislation and absence of environmental procedures.

L1.3 EXISTING LEGISLATION

Reflecting general principles established in the Palestinian Basic Law, the Palestinian Environmental Law No. (7) of 1999 establishes the general legal framework for environmental protection in the Occupied Palestinian Territories. It is, in essence, a framework law adopted by the Palestinian Legislative Council in 1999 and approved by the President of the Palestinian Authority, on 28 December 1999. The Law is divided into five parts, with 10 chapters and 82 articles, concerning a wide range of environmental protection and management issues. The Law’s objectives are:

• Protection of the environment by preventing all types of pollution; • Promotion of public health and welfare; • Preservation of biodiversity and improvement of those areas that are

environmentally degraded. • The promotion of public awareness and encouragement of sustainable

resource development for the benefit of present and future generations based on intergenerational equity.

Among the specific issues covered under the Law are protection of the environment (land, air, water, marine environment) and of the natural historical and archaeological area, environmental planning and enforcement tools (including impact assessment, licensing, inspection and administrative procedures, and penalties). The Law also incorporates the ‘polluter pays’ principle and sets out government/public sector duties, including the basis for intersectoral co-ordination. The Palestinian Authority (PA) has developed a ten-year environmental strategy document to be updated every three to five years, for 2000–2010. This identifies and analyses the causes of current environmental problems, defines targets and proposes prioritised measures required for meeting these targets. The PA then adopted a National Environmental Action Plan (NEAP) in 2000

5

as an instrument to translate the general themes and priorities set out in the national environmental strategy. The authority has also prepared a National Biodiversity Strategy and Action Plan (NBSAP), as well as incorporating environmental considerations, into its first five-year Palestinian Development Plan (PDP) covering the period 1999–2003. However, in practice, implementation of these plans has been on hold partly since the start of the second intifada in September 2000 due to the constraints from the Israeli military, including closures, curfews and lack of access to construction materials.

L1.3.1 Waste

Solid waste

There is no single law for solid waste: the Environmental Law No. (7) of 1999 sets the legal framework for Solid waste. The articles in the Environmental Law No. (7) of 1999 that cover solid waste are: Article (7): The Ministry, in co-ordination with other competent agencies, shall set a comprehensive plan for solid waste management on the national level, including the ways and the designation of sites for solid waste disposal as well as the supervision over the implementation of this plan by the local councils. Article (8): The competent agencies, along with their respective specialization, shall encourage undertaking appropriate precautions to reduce the generation of solid waste to the lowest level possible; re-use it as much as possible, recover its components or recycle it. Article (9): The Ministry, in co-operation with the competent agencies, shall determine the standards of solid waste disposal sites. Article (10): All agencies and individuals, in conducting any digging, construction; demolition, mining or transportation of debris and sands generated by such activities, shall commit themselves to take all necessary precautions for safe storage and transportation of such materials to prevent any environmental pollution. Hazardous substances and waste

There is no single law for hazardous waste: the Environmental Law No. (7) of 1999 sets the legal framework for hazardous waste. The articles in the Environmental Law No. (7) of 1999 that cover hazardous waste are: Article (11): The Ministry, in co-ordination with the competent agencies, shall issue one or more lists of hazardous substances and wastes. Article (12): No person shall be authorized to manufacture, store, distribute, use; treat, or dispose any hazardous substance or waste whether it is solid, liquid, or gas, unless in accordance with the orders and directives specified by the Ministry in co-ordination with the competent agencies.

6

Article (13): 1st It is forbidden to import any hazardous wastes to West Bank and Gaza. 2nd It is forbidden to pass hazardous waste through the Palestinian territories or through the territorial water or free economic zone of West Bank and Gaza, unless a special permit is obtained from the Ministry. Trilateral Working Groups

One of the outcomes of Oslo II was increased partnership amongst Israelis, Palestinians and Jordanians with regards to environmental issues, with working groups established for a number of environmental sectors. However, as the current Intifada and conflict have continued, these groups have mostly ceased to function, and and either exist only on paper or have actually been disbanded. On a more positive note, at the World Summit for Sustainable Development in Johannesburg high-level meetings were held between Israeli, Palestinian, and Jordanian officials to discuss the environmental problems facing the region and especially the neglect of environmental considerations as a result of the conflict. An initiative called “the Trilateral Environmental Peace Plan (TEPP)” was declared. This seeks to address unsupervised dumping, untreated waste, and the rapid development in the region since 1993 by creating three sanitation districts which will be jointly governed by all three parties, and which will also seek to include the private sector. Both the EU and the US have pledged support to the TEPP, although implementation plans have yet to be disclosed.

L1.3.2 Water

While the environmental law No. (7) of 1999 sets out the legal framework for the sustainable use of all natural resources, including water, the key legal instrument is Law No. (18) of 1996 establishing the Palestinian Water Authority (PWA). It sets out the functions to be performed by the PWA, as well as the principles for establishing an institutional framework for water management and service delivery. A new water law replacing the old 1996 law has recently been adopted, Water Law No. (3) of year 2002 which makes provisions for the following:

• To secure sustainable development of water resources based on environmentally sound and enabling bases;

• To provide and satisfy societal and individual needs for water in an optimal and equitable way;

• To protect all water resources from pollution and secure water quality; • To secure an environment safe to human health and well-being; • To secure sufficient water for production and self renewal;

In addition to the Water Law No. (3) of 2002, certain articles in the Environmental Law No. (7) of 1999 provide for the protection conservation and the protection of water resources, articles include the following: Article (28): The Ministry in co-operation with the competent agencies shall specify the standards for the quality and characteristics of drinking water.

7

Article (29): The Ministry, in co-ordination with the competent agencies, shall set standards and norms for collecting, treating, reusing, or disposing waste water and storm water in a sound manner, which comply with the preservation of the environment and public health. Article (30): No person shall be allowed to discharge any solid, liquid, or other substance unless such a process conforms to the conditions and standards that the competent agencies determine.

L1.3.3 Air quality

There is no single law for air quality: the Environmental Law No. (7) of 1999 sets the legal framework for air quality. The articles in the Environmental Law No. (7) of 1999 that cover air quality are: Article (19): 1st-The Ministry, in co-operation with the competent agencies, shall specify standards to regulate the percentage of pollutants in the air which may cause harm or damage to public health, social welfare and the environment; 2ed-Each facility, which will be established in West Bank and Gaza, shall abide by these standards; every existing facility shall make necessary changes in a manner that makes it conform to these standards within a period that does not exceed three years. Article (20): Every facility owner shall provide all means to ensure the necessary protection for workers and the neighbours of the facility in compliance with the conditions of occupational safety and health, against any leak or emission of pollutants in or out the working place. Article (22): It shall be prohibited to utilize machines, engines or vehicles that generate exhaust that does not comply with the standards specified in accordance with the provisions of this law. Article (23): It is forbidden to dispose, treat or incinerate garbage and solid waste except in the sites designated for this purpose and in compliance with the conditions specified by the Ministry to ensure the protection of the environment. Article (24): The Ministry shall work on the reduction of ozone depletion in accordance with the provisions of international conventions to which West Bank and Gaza is committed through undertaking appropriate procedures regarding importing, producing or utilizing any chemical substances that may cause harm thereto.

8

L1.3.4 Environmental Impact Assessment

There is no single law for Environmental Impact Assessment (EIA): the Environmental Law No. (7) of 1999 sets the legal framework for EIAs. The single article in the Environmental Law No. (7) of 1999 that cover EIAs is: Article (45): The Ministry, in co-ordination with the competent agencies, shall set standards to determine which projects and fields shall be subject to the environmental impact assessment studies. It shall also prepare lists of these projects and set the rules and procedures of the environmental impact assessment.

L1.4 PRINCIPAL CHALLENGES FACING ENVIRONMENTAL LEGISLATION

The political instability is the main challenge for environmental legislation. In West Bank and Gaza, Cabinet changes occur regularly within the Palestinian Authority, weakening continuity and effectiveness of environmental authority. This is compounded by the occupation with all the curfews and the restrictions on movement make the enforcement of any law a difficult task. In addition, the Palestinian Authority inherited a mix of legislation from previous systems, which, in terms of environmental protection, was weak, piecemeal and sector-based. In practice, there are fundamental contradictions and overlaps between inherited laws, new environmental laws promulgated by the Palestinian Authority, and Israeli military law. Further work is still needed to ensure the coherence of sectoral, economic, social and environmental policies in the development process, particularly on some major issues. The monitoring process is still vague and needs to be strengthened. Transparency and accountability for environmental impacts of many projects is still below acceptable levels. Public access to data and information is still limited and data tends to be incomplete and in accurate. Most data still lacks analysis. The management of natural resources is still not well co-ordinated as different ministries and institutions are working separately and inter ministerial co-operation is still below required levels. The issued Environmental Law, Law No. (7) of 1999, can be considered the basic law for the environment. However, it lacks many details and specifics, such as environmental quality standards, regulatory standards, economic measures, as well as matters concerning environmental education. Therefore, there is a need to promote wide-ranging measures regarding environmental conservation in a comprehensive and well-planned manner, in addition to establishing basic principals for environmental conservation, and clarifying the responsibilities of each of the governmental agencies. Most importantly, compliance with local and national laws is still low.

9

L1.5 INSTITUTIONAL SET-UP

Because of the Oslo Accords, as mentioned in the introduction, a Palestinian Environmental Authority (PEA) was established. Although an organizational structure was developed for the PEA, it was neither approved nor made operational. Issues related to the environment in the West Bank and Gaza Strip were distributed throughout different ministries and agencies. For example, environmental planning is the responsibility of the Environmental Planning Department (EPD) at the Ministry of Planning and International Co-operation. Other ministries have assigned departments to deal with environmental issues: the Ministry of Public works; the Ministry of Agriculture; the Ministry of Labour; the Ministry of Economy and Industry; and the Ministry of Local Governments, which has formed a special committee for Environmental Affairs. Co-ordination between these various environmental offices is inadequate, and distribution of environmental responsibilities throughout the Palestinian National Authority has only lead to confusion and duplication of efforts. A stronger institutional capacity was needed to improve the environmental situation, to achieve this, a centralized environmental authority was needed. Accordingly, the Palestinian Environmental National Authority was founded in 1996 to be responsible for the environmental management in West Bank and Gaza (PENA). In 1998, a Minister of State for Environmental Affairs was appointed by the President of the Palestinian Authority, through a Presidential Decree. An entire new Cabinet was appointed at that time to head various ministries, authorities and other institutions. The Ministry of Environmental Affairs took overall responsibility for policy-setting and coordination of activities amongst a number of other partner institutions and stakeholders:

• Several sectoral ministries, including Health, Agriculture and Industry; • The Water Authority; • Municipalities; and • Other participants to ongoing discussions and programmes, such as

the United Nations Relief and Works Agency for West Bank and Gaza Refugees in the Near East (UNRWA) and the Israeli Civil Administration (CA).

However, the cabinet appointments were not followed by specific written mandates and tasks and the development of each ministry's functions and responsibilities was left to individual ministers. This led to a high degree of overlap within and between institutions, especially with regard to inter-sectoral environmental issues, and the subsequent development of memoranda of co-operation and agreement to reduce such overlap. Because of administrative reforms, a Presidential Decree in 2002 established the Environmental Quality Authority as the successor body to the Ministry of Environmental Affairs.

10

However, the EQA lacks funding, and the technical and administrative staff resources, equipment and other support that would enable it effectively to act as the lead Palestinian environmental institution. An additional challenge for institutional strengthening is that the lack of clarity regarding institutions’ roles and responsibilities is even worse now than under the previous institutional arrangements.

L1.5.1 Organogram

With the political instability, and the frequent reshuffling of the Cabinet, no clear organizational structure is available

L1.6 FUNDING FOR ENVIRONMENTAL MANAGEMENT (INVESTMENTS)

No information was available on the presence of a particular budget which may be set aside internally for environmental management purposes, although there is data that provides an idea of international funding given to the environmental sector in West Bank and Gaza

L1.7 INSTITUTIONAL CHALLENGES

Political restlessness, occupation and absence of control over land are main factors affecting the state of the Palestinian environmental institution. Even during periods in which peace talks were resumed to draw up a "framework agreement" between Israel and the Palestinian Authority, Israel continues to confiscate land to build new settlements, industrial zones and quarries as well as establishing by-pass roads to connect the Israeli settlements and Israel. This has lead to an undermining of the authority of the Palestinian institution reporting environmental issues. In spite of the fact that there is some co-ordination at the technical level between main Palestinian stakeholders, there is still lack of clear or written mandates and distribution of responsibilities among stakeholders in the environmental sector, which result, in duplication of efforts, wasting of resources and confusion. Furthermore, participation of the different NGOs and universities in the environmental sector is unco-ordinated, restricting growth. Recently, a Memorandum of Understanding (MOU) to co-ordinate and co-operate has been signed between the different Palestinian NGOs working in environment, agriculture and water sectors, which will go some way to improving this situation.

L1.8 FUNDING CHALLENGES

Although funding by the different donor agencies is heavily available for infrastructure and environmental projects, the ongoing conflict has effectively led to the suspension of project implementation since September 2000. In addition, there has been direct destruction of infrastructure by Israeli military

11

actions. One of the main worries for donors - who have already seen buildings and institutions built with millions of their dollars turned to rubble - is that their investment might again be destroyed.

L1.9 EXISTING ENVIRONMENTAL PROBLEMS

The Israeli occupation of the Palestinian territories, has negatively affected the territories’ and environment in many ways. There have been direct impacts, caused by military activities; indirect impacts, caused by the war-like situation; and an overall environmental degradation due to a lack of administrative management and public awareness. Many of the most direct impacts have resulted from military actions. Sewage systems, water supply lines and other infrastructure have been destroyed as part of collateral damage. Israeli destruction of Palestinian buildings has also led to the release of hazardous materials such as asbestos and there has been deliberate cutting down of vast areas of olive orchards. The indirect impacts have exacerbated these: Curfews and roadblocks, for example, have prevented people from using designated landfills, and the waste collection system has collapsed. As a result, wastes are often burned in the middle of towns during curfew periods. The following section provides a breakdown of the most serious environmental issues currently being faced by West Bank and Gaza.

L1.9.1 Water

Water is crucial and a highly politically sensitive issue among the Palestinians. At present, the West Bank is characterized as a water stressed area. Water resources in the Palestinian territories include both surface and ground waters. The only permanent river that can be used as a source of surface water in the Palestinian territories is the Jordan River. However, since the occupation in 1967, Palestinians have had no access to the river water and are forbidden from using its water. Groundwater is therefore the major source of fresh water supply in the West Bank and Gaza Strip. Again, however, only a small proportion of the water extracted from the region’s largest groundwater resource, the Mountain Aquifer, is used by the Palestinians: of approximately 362 million m3/year, 340 million m3/year is used by the Israelis (mostly used for irrigation), and 20 million m3/year by Palestinians. 1 Overall, recharge rates do not match abstraction rates, and the water table is dropping at an estimated rate of 10-20 cm per year 2. In Gaza, the Coastal Aquifer is also being depleted at an unsustainable rate. Water quality in the West Bank is generally considered acceptable. There are no serious indications of pollution in the deep aquifers; however, there is some contamination of water in the shallow aquifers and some springs in the West Bank. This pollution mainly comes from domestic wastewater, solid 1 Taken from the Geography of Water Resources website 2 UNEP, 2000.

12

waste leachate, industrial effluents and agricultural run-off. In contrast, water quality in the Gaza Strip is much worse with only 4 MCM out of 44.1 MCM supplied by municipal wells being of an acceptable standard. The main quality problem is the increase in salinity and nitrate content. This deterioration in water quality could be related to unregulated disposal of domestic and industrial solid and liquid wastes and agricultural waste (fertilizers & pesticides) in addition to seawater intrusion in the case of Gaza. The area’s high, and increasing, rate of urbanisation is an important contributory factor to poor water quality and overall public health. In general, environmental service provision is poor: there is, for example, very little sewerage infrastructure in either the West Bank and Gaza, and most of the population use cesspits or latrines that overflow into surface drains. This leads to water-borne disease and further contamination of the aquifer and any available surface water resources: tests conducted in the West Bank in 1998-1999 reported bacterial contamination in every well tested, and coliform bacteria contamination in all the springs tested 3.

L1.9.2 Wastewater

Wastewater generated from Palestinian cities, villages and Israeli settlements is the primary source of pollution. Such wastewater is discharged untreated into open areas or through cesspits. It is estimated that during 1996, approximately 90 MCM of domestic wastewater was discharged by Palestinians and Israeli settlers. Wastewater treatment is either inadequate or non-existent in the West Bank. The existing treatment plants are not functioning appropriately and are considered a health hazards.

L1.9.3 Waste

Under non-conflict conditions, approximately 95 % of the population in Gaza and, approximately 67 % of the West Bank population is serviced by a municipal solid waste collection system. However, solid waste is dumped in all areas of the West Bank and Gaza, at sites close to or inside the cities and villages, because of curfew and other special restrictions. None of the dumping sites are fenced, lined or monitored, and the scattered sites pollute the land, resulting in emissions to water and air, pollution of groundwater and distortion of the Palestinian landscape. This all leads to health hazards. Furthermore, industrial facilities generally dump their waste along with domestic waste. Many of them, especially quarries and stone cutting facilities dispose of their waste in nearby plots of land. In addition, large amounts of medical wastes are also generated every year. All this waste is currently mixed together, and ends up in landfill sites, many of which are inadequately constructed, monitored and maintained. Solid waste is expected to increase dramatically with anticipated population growth and subsequent development of the industrial sector.

3 Scarpa, 1999

13

In addition to the conventional types of wastes, the West Bank suffers from large quantities of construction debris, which is generated by the conflict induced destruction of houses, public buildings and infrastructure. Many cars, trucks and vehicles have been damaged during the Israeli occupation incursions generating large amounts of this type of waste; Different types of military waste were generated by the use of bullets, tear gas, bombs, rockets and other types of ammunitions. Open burning on both emergency sites and normal sites, has lead to serious impacts on soil and groundwater resources and air quality. Since the population density is extremely high, this is of particular relevance.

L1.9.4 Air pollution

Although air pollution is not recognized as a problem by the Palestinians, it is believed that air quality is subjected to continuous deterioration. Although the number of vehicles in the West Bank is low, approximately 60% of the cars were made between 1980-1990, and only 10% between 1990-1996 and unleaded gasoline is not used widely. It is estimated that during at least 78,000 tons of CO, 4,830 tones of SOx, 7550 tons of NOx, 7,800 tons of hydrocarbons volatile organic compounds, and 300 tons of lead were emitted by the Palestinian and settlers vehicles into the West Bank atmosphere during 1996. Large amounts of particulate materials and dust are produced from quarries and stone cutting facilities, many of which are located near residential areas. The unregulated burning of municipal solid waste in open fields or containers in local streets emits a variety of hazardous pollutants into the air. The industrial sector in the West Bank and Gaza Strip is not developed, yet some industries are polluting the air through their emissions such as metal factories and bakeries which use used motor oil as fuel and the pottery industries, mainly located in the Hebron district, which use old tires as a source of energy. The contribution of industries to air pollution is especially brought on through the absence of laws and regulations which control emissions. Furthermore, the impact of air emission is increased due to industrial facilities being located in close proximity to residential areas. Lack of measurements and air monitoring stations continue to make the problem unclear to Palestinian planners, decision makers and the public. The possible air pollution factors affecting the West Bank include; industrial activities, transportation, energy consumption, open burning of solid waste and transboundary air pollutants.

L1.9.5 Coastal resources

Gaza’s coastline stretches 40 km along the Mediterranean Sea. The coastal environment is under severe pressure as a result of:

• Encroachment for human habitation, caused by the population pressures of the most densely populated area in the world, and resulting in disturbance to the sensitive dune ecology;

14

• The dumping of effluent and solid waste from municipal and industrial sources. With the highest population density in the world, Gaza’s inhabitants encroach on the coastal zone for residential use.

Residential development has not been accompanied by infrastructure provision. Villages, coastal cities, and refugee camps all discharge or dump wastes without treatment. Despite these pressures, tourism development was promoted under the Oslo Agreement.

L1.9.6 Biodiversity

Biodiversity in the Palestinian areas has deteriorated because of different socio-economic and political factors. These factors include the following:

• Land confiscation by the Israeli Authority to construct Israeli settlements and by-pass roads, clearing large areas of forests for this purpose.

• Closure of large areas for military and security purposes. • Pollution of land because of unregulated wastewater disposal and

solid waste dumping. • A separation fence around Gaza prevents movement of wildlife to and

from the surrounding regions. • A new separation wall, which is approximately 300 km in length and

several meters high, is being built by the Israeli military along the Israel-West Bank border. This wall is likely to have significant repercussions for wildlife movement, by adding further to the fragmentation of ecosystems and habitats in both Israel and the West Bank and by cutting the natural ecological corridors.

• The expansion of urban areas and infrastructure on land designated as nature reserves, forests and agricultural areas.

• Overgrazing at the Eastern Slopes has resulted in the loss of many beneficial species of range plant and the degradation of vegetative biomass.

• Hunting of animal species is unsupervised in the Palestinian Authority area causing damage to the wildlife.

• Heavy use of tear gas and live ammunition all over the West Bank and the Gaza Strip.

L1.10 EXISTING ANALYTICAL REPORTS ON ENVIRONMENTAL LEGISLATION AND POLICY

Desk Study on the Environment in the Occupied Palestinian Territories, a study carried out by the UNEP in 2003: http://www.unep.org/GoverningBodies/GC22/Document/INF-31-WebOPT.pdf

15

L1.11 EXISTING PROJECTS

The following list of some previous and ongoing projects that are considered to be of importance for the sustainable management of the environmental sector in West Bank and Gaza.

16

Table 1.1 Existing Projects

Theme Project Title Project Owner (eg Gov’nt, Donor, etc.)


Wastes Palestinian Integrated Rural Environmental Protection

EU, Life

1/01/2002 to 31/12/2003

€451,000

Wastes Solid Waste Project

World Bank The Solid Waste and Environmental Management Project will implement sound solid waste management systems for the Jenin District

10/10/2000 to 31/12/2005

$9.5 million

Water Water saving in Mediterranean agriculture

EU, INCO 2 Water saving in agriculture to reduce pressure on freshwaters, to mitigate the increasing impact of climate change in arid-semiarid environment and to reduce the tensions originated from the increasing water conflicts

1/01/2003 to 31/12/2006

€1.5 million

Water A Future for the Dead Sea Basin: Options for a More Sustainable Water Management

EU, INCO 2 Establish the scientific basis for a "more sustainable than today" water management and water-related land management in the Dead Sea Basin.

11/02/2003to 31/01/2006

€740,000

Water Emergency Water Project

World Bank Alleviate the chronic shortages of safe water supplies, and reduce system losses, water costs and health risks

29/July/2003 – N/A

$12.5 million

Water Water & Sanitation Services in Gaza Project

World Bank The project will address urgent priorities aimed at improving the quality, quantity and management of water and wastewater services in Gaza.

N/A (pipeline)

$ 25 million

IPPC Capacity Building of the Palestinian Authority for the Environmental Monitoring of the GIE and Industrial Sector

World Bank This project aims to develop the environmental monitoring and industrial pollution control capacity of the Environmental Quality Authority and the Palestinian Industrial Estates and Free Zone Authorities

October 2003 to July 2004

$168,000

17

L1.12 LIKELY FUTURE CO-OPERATION WITH EU

Political unrest in West Bank and Gaza is not conducive to progress being made in the area of environmental legislation. However, this does not mean that the will is not there and where funding and support are made available West Bank and Gaza has shown in the past that they are able to co-operate with the EU.


L1

1

CONTENTS

L1 INSTITUTIONAL AND LEGISLATIVE FRAMEWORK IN WEST BANK AND GAZA 3

L1.1 INTRODUCTION 3 L1.2 OVERVIEW OF CHALLENGES 4 L1.3 EXISTING LEGISLATION 4 L1.4 PRINCIPAL CHALLENGES FACING ENVIRONMENTAL LEGISLATION 8 L1.5 INSTITUTIONAL SET-UP 9 L1.6 FUNDING FOR ENVIRONMENTAL MANAGEMENT (INVESTMENTS) 10 L1.7 INSTITUTIONAL CHALLENGES 10 L1.8 FUNDING CHALLENGES 10 L1.9 EXISTING ENVIRONMENTAL PROBLEMS 11 L1.10 EXISTING ANALYTICAL REPORTS ON ENVIRONMENTAL LEGISLATION AND POLICY14 L1.11 EXISTING PROJECTS 15 L1.12 LIKELY FUTURE CO-OPERATION WITH EU 17