Mara SilinaEuropean Environmental Bureau (EEB)

* * *Regional training on policy analysis with special

accent on EU approximation26 – 29 May 2014 in Becici/Budva, Montenegro

“

Overview of EU main environmental issues

Chapter 27 – environment and climate change

Points I will try to cover are

The European Environmental Bureau – who we are and what we do

Approximation process and negotiations of different chapters of the EU legislation

EU climate policy 2030 policy framework in the making Implementation in the Member States and candidate

and potential candidate countries

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The European Environmental Bureau (EEB)

h the largest federation of environmental citizens’ organisations in Europe

h More than 140 member organisations based in EU Member States and increasingly in candidate and potential candidate countries as well as in a few neighbouring countries with more than 15 million members and supporters

• Created in 1974 with the purpose to represent its members’ interests vis-à-vis the EU institutions

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The European Environmental Bureau (EEB)h The aim of the EEB is to protect and improve the

environment of Europe and to enable the citizens of Europe to play their role in achieving this goal

h EEB’s specific mission is to promote strong environmental policies and sustainable development on the EU level and outside

• Integrate environmental concerns into other policy areas• Provide a focal point for its members to monitor and

respond to EU policies• We work on all EU environmental policy areas as well as

issues related to CAP, energy etc.

The EEB in the EU net

EEB

Members

NationalGovernments &

Parliaments

The Public

Media

EU Institutions:Commission, EP,

Council

Other Organisations:Social, Consumer,Trade Unions, …

Industry

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The process of joining the EU

Starts with the country becoming an official candidate country

Move on to formal membership negotiations when the country fulfils certain criteria

Negotiations are on full EU law book – acquis – divided in 33 chapters

When negotiation process and necessary reforms are completed - countries can join the EU

Welcome to the club!!!

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Screeening

• multilateral and bilateral screening in Brussels

• Very detailed examination for each policy field to determine how the country is prepared for joining the EU

Involvement of CSOs is important but not very easy!!!

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Opening and closing Benchmarks

• Opening and closing benchmarks were new instruments designed by the EU that were used for the first time during Croatia's and Turkey’s accession negotiations, as a tool to emphasize the most important reforms on the path to the full alignment with the acquis. They are prepared on the basis of the screening report

• Closing benchmarks reflect the outcome of the negotiations and have to be met before the chapter is closed

Should be closely followed within the country by CSOs!!!

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Negotiations• Content of legislation is not a topic for negotiations but the

conditions and timing of the adoption, implementation and enforcement of all current EU rules (acquis)

• Other issues discussed are financial arrangments and transitional arrangments (periods)

• Negotiation positions prepared by countries before the start of actual negotiations

• EU adopts its common position based on countries’ position• Closed to the public• Can take quite a long time before all chapters are closed

CSOs have to get involved and follow at different levels – national and international

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Closing chapters and the Accession Treaty• No chapter is closed until every EU member state is

satisfied with candidate country’s progress• Negotiations are closed when all chapters are closed• Accession Treaty « rubberstamps » the EU membership

and includes detailed terms and conditions of membership, transitional arrangements and deadlines, details on financial arrangements and any safeguard clauses

• Accession Treaty is not final and binding until supported by the EU council, the Commission and the European Parliament ,signed by the candidate country and representatives of all EU countries and ratified by the candidate country and every individual EU country according to their constitutional rules (parlamentary vote, referendum etc.)

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List of chapters • Chapter 1: Free movement of goods • Chapter 2: Freedom of movement for workers • Chapter 3: Right of establishment and freedom to provide services • Chapter 4: Free movement of capital • Chapter 5: Public procurement • Chapter 6: Company law • Chapter 7: Intellectual property law • Chapter 8: Competition policy • Chapter 9: Financial services • Chapter 10: Information society and media • Chapter 11: Agriculture and rural development • Chapter 12: Food safety, veterinary and phytosanitary policy .

Chapter 13: Fisheries • Chapter 14: Transport policy

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List of chapters

• Chapter 14: Transport policy • Chapter 15: Energy • Chapter 16: Taxation • Chapter 17: Economic and monetary policy • Chapter 18: Statistics.• Chapter 19: Social policy and employment • Chapter 20: Enterprise and industrial policy • Chapter 21: Trans-European networks• Chapter 22: Regional policy and coordination of structural

instruments

• Chapter 23: Judiciary and fundamental rights • Chapter 24: Justice, freedom and security• Chapter 25: Science and research

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List of chapters

• Chapter 26: Education and culture • Chapter 27: Environment and climate change • Chapter 28: Consumer and health protection • Chapter 29: Customs union • Chapter 30: External relations • Chapter 31: Foreign, security and defence policy • Chapter 32: Financial control • Chapter 33: Financial and budgetary provisions

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Chapter 13 - Fisheries

The acquis on fisheries consists of regulations, which do not require transposition into national legislation

However, it requires the introduction of measures to prepare the administration and the operators for participation in the common fisheries policy

In some cases, existing fisheries agreements and conventions with third countries or international organisations need to be adapted

CFP – set of rules for managing European fishing fleets and for conserving fish stocks

First introduced in the 1970s with several updates – the last on took effect on 1 January 2014

http://europa.eu/legislation_summaries/maritime_affairs_and_fisheries/index_en.htm

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Chapter 14 - Transport

Governed by the Title VI Art. 90 to 100 of the Treaty on Functioning of the European Union

• EU transport legislation aims at improving the functioning of the internal market by promoting safe, efficient and environmentally sound and user friendly transport services

• Transport acquis covers sectors of road transport, railways, inland waterways, combined transport, aviation, and maritime transport

• It relates to technical and safety standards, security, social standards, state aid control and market liberalisation in the context of the internal transport market

http://europa.eu/legislation_summaries/transport/index_en.htm

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Chapter 15 - Energy• EU energy policy objectives include the improvement of

competitiveness, security of energy supplies and the protection of the environment

• The energy acquis consists of rules and policies regarding competition and state aids (including in the coal sector), the internal energy market (opening up of the electricity and gas markets, promotion of renewable energy sources), energy efficiency, nuclear energy and nuclear safety and radiation protection

http://europa.eu/legislation_summaries/energy/index_en.htm

http://ec.europa.eu/energy/doc/energy_legislation_by_policy_areas.pdf

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Chapter 27 – Environment and climate change• EU environment policy aims to promote sustainable development

and protect the environment for present and future generations.• It is based on preventive action, the polluter pays principle, fighting

environmental damage at source, shared responsibility and the integration of environmental protection into other EU policies.

• The acquis comprises over 200 major legal acts covering horizontal legislation, water and air quality, waste management, nature protection, industrial pollution control and risk management, chemicals and genetically modified organisms (GMOs), noise and forestry.

• Compliance with the acquis requires investment. A strong and well-equipped administration at national and local level is imperative for the application and enforcement of the environment acquis.

http://europa.eu/legislation_summaries/environment/index_en.htm

EU climate policy over timeEU Climate policy over time

1997 2005 2007 2009 2011 2014

UN Kyoto Protocol agreed with the EU as a party

EU Emissions Trading Scheme (EU ETS) starts

EU leaders commit to 2020 climate targets:

20% GHG reduction

20% increase in RES

20% increase in energy efficiency

2020 climate and energy package

Third Internal Energy Market Package

Lisbon Treaty with a dedicated energy chapter

Commission publishes 2050 Low-Carbon and Energy Roadmaps

Commission publishes White Paper on 2030 Climate and Energy Policy Framework

2020 climate and energy Package

Setting 20-20-20 targets into legislation– A legislative package to ensure the EU meets its 2020

targets (GHG, RES, EE) adopted in 2009:• Revision of the EU ETS• Effort Sharing Decision – binding targets on

member states in sectors outside of the EU ETS• National renewable energy targets under the

Renewable Energy Directive• Directive for creating a legal framework for the use

of carbon capture and storage (CCS) technologies• Fuel Quality Directive (FQD)• Cars CO2 standards

Decarbonisation in the long term

Roadmaps for 2050– The Commission developed a longer-term vision with its Low-

Carbon and Energy Roadmaps 2050 published in 2011– Answer to the EU’s commitment to reduce GHG emissions to

80-95% below 1990 levels– Focus on decarbonisation, competitiveness and security of

supply– Models a cost-effective pathway to reach an 80% GHG cut by

2050• Sets milestones of 40% for 2030 and 60% for 2040

– Investment needs: €270 bn or 1.5% of EU GDP annually over the next four decades

– Energy efficiency and renewables crucial

Other key policies with climate impact– F-gas Regulation– Proposal for CO2 tax– Air quality legislation (incl. Industrial

Emissions Directive)– Various energy savings legislation

• Energy Efficiency Directive• Energy Performance of Buildings Directive• Ecodesign and Energy Labelling

2030

2030 Climate and Energy Policy Framework– Commission White Paper on 2030 Climate

and Energy Policy Framework published in January

• 40% GHG reduction • At least 27% renewable energy – no goal for

transport• Energy efficiency to be decided after review of the

EED in the summer

– A fourth target on energy infrastructure requested by some member states

Political process

How the 2030 policy will be made– European Parliament and Council co-

legislators– EP already adopted own-initiative report

calling for three targets– Council committed to agreeing on targets by

October • Pressure from the timetable of the international

climate negotiations

– The Commission will follow with legislative proposals

Role of Member States

Implementing EU policy– Targets currently divided between member

states• Exception of energy efficiency – problems with

achieving the target• EU legislation to be transposed into national law• Commission can launch infringement proceedings

where a Member State is not in compliance

What role for candidate & potential countries in EU policy– EU acquis must be implemented– When joining, each country will be attributed

their own national sub-targets under the 2020 policy or 2030 once agreed

– Good time to push for important reforms in the energy markets, penetration of clean energy technologies, interconnections, etc.

– Smart use of EU funding

Influencing EU policy making

Advocacy work• Three decision-making instances:

• European Commission• European Parliament

• MEPs grouped into political groups• Assistants, group advisers

• European Council• National ministries• Permanent representations in Brussels

Role of CSOs in the approximation process

• Monitor the Chapter 27 before , during and after the negotiations

• Build coalitions, develop networking

• Contacts with key people in the administration at local& national levels

• Contacts with Brussels based organisations

• And much more ….

Role of and channels for CSOs to intervene in the approximation process

• Monitor the Chapter 27 before , during and after the negotiations

• TIPs: Prepare your own positions on each issue you are

interested/involved find responsible people in the Ministry of Environment, Parliament

etc. and get to know them Communicate your message clearly Prepare your input for yearly Progress report and follow whether it

is reflected in the final report. Communicate your input to the EU (responsible desk officer)

2929

Thank you!

Want to know more or join in the work – please contact me:

mara.silina@eeb.org

Tel.: +32 2 289 10 90

Fax: +32 2 289 10 99

http://www.eeb.org