The legal
framework
governing
the
EU‘s
efforts
in
promoting
EU environmental
standards
in
third
States
The
Hague
, 19 April 2013
Ludwig Krämer
Kramer.ludwig@skynet.be
Table
of
content
1.
The
Lisbon
Treaties
2. The EU: global
player
or
environmental
promotor
?
3.
EU environmental
standards
4.
Globalizing
EU
standards
5.
Coercive
and
non
-
coercive
measures
6.
Measuring
effectiveness
7.
Concluding
remarks
The
Lisbon
Treaties
-
Contribute
to
sustainable
develpment
of
the
Earth (
Article
3 TEU)
-
Contribute
to
free
and
fair
trade
,
eradication
of
poverty
and
the
protection
of
human
rights
(
Article
3 TEU)
-
Foster
the
sustainable
enviornmental
development
of
developing
countries,
with
the
primary
aim
of
eradicating
poverty
(
Article
21 TEU)
-
Help
developing
international
measures
to
preserve
and
improve
the
quality
of
the
environment
and
the
sustainable
management
of
global
natural
resources
, in
order
to
ensure
sustainable
development
(
Article
21 TEU)
-
Preserving
,
protecting
and
improving
the
quality
of
the
environment
,
protecting
human
health
,
contribute
to
a
prudent
and
rational
utilisation
of
natural
resources
and
promoting
measures
at
international
level
to
deal
with
regional
or
worldwide
environmental
problems
,
and
in
particular
combating
climate
change
(
Article
191 TFEU)
-
Have
as
the
primary
objective
the
reduction
and
, in
the
long
term
,
the
eradication
of
poverty
(
Article
208 TFEU
The EU:
global
player
or
environmental
promotor
?
1.
The
making
of
meaningful
global environmental
agreements
becomes
progressively
difficult
Kyoto2,
Forests
,
Whaling
,
Aarhus
,
Arctic
, Marine
pollution
, Cars,
C
hemicals
2. The
main
reason
: erst kommt das Fressen und dann
die
Moral
first
economic
growth
(
competitiveness
),
then
environmental
protection
3. WTO
prohibits
unequal
treatment
of
like
products
, but
does
not
prohibit
the
protection
of
the
environment
4. The
choice
,
whether
to
be
a global
player
or
an environmental
promotor
,
is
a
political
, not a legal
choice
.
EU environmental
standards
1.
Sustainability
,
high
level
of
protection
,
prudent
use
of
natural
resources
,
protection
of
human
health
,
protect
and
improve
the
quality
of
the
environment
2.
These
standards
were
concretised
,
within
the
EU,
by
a
considerable
number
of
legally
binding
provisions
, in all environmental
sectors
3.
Options
for
policy
towards
third
countries:
3.1
let
the
buyer
beware
(
caveat
emptor
)
3.2
prior
informed
consent
(
R
otterdam
Convention
–
Basel
Convention
)
3.3
apply
the
EU
internal
standards
also
to
exports
3.4
allow
imports
only
,
when
EU
internal
standards
are
respected
EU
standards
Products
and
waste
1.
Products
car
emissions
chemical
restrictions
pesticides
energy
-
using
products
electrical
-
electronic
goods
2.
Waste
cars
and
ships
electrical
-
electronic
waste
hazardous
waste
nuclear
waste
EU
standards
Biodiversity
1.
Meat
import
standards
and
animal
welfare
standards
2.
Trade in
endangered
species
3. Habitat
and
species
protection
(
Directive
92/43)
4.
Sustainable
use
of
pesticides
5.
Pesticide
residues
6.
Fisheries
standards
(
mesh
size
,
by
-
catch, EU
standards
in
third
countries‘
waters
,
waste
treatment
)
EU
standards
I
nstallations
and
horizontal
issues
1.
Installations
-
Best
available
techniques
-
Basic
requirements
(CSR):
waste
disposal
,
waste
water
,
accident
participation
, human
rights
2. Horizontal
issues
-
Aarhus
Convention
on
transparency
,
participation
,
access
to
justice
,
NGO
promotion
-
impact
assessment
of
projects
,
plans
and
programmes
-
public
procurement
-
EIB
standards
for
linking
credits
to
environmental
compliance
Globalising
EU environmental
standards
1
1.
Internationally
,
the
EU
is
re
-
active
, not
active
2.
Globalising
through
import
-
related
measures
-
climate
change
(
FLEGT;
biofuels
)
-
food
(
residues
,
organic
food
, GMOs)
-
international
rules
(
hazardous
waste
,
ozone
-
depleting
substances
, CITES)
3.
Globalising
through
export
-
related
measures
-
international
rules
(
hazardous
waste
,
mercury
,
POPs)
-
?
4.
Regionalised
agreements
The Cotonou
Partnership
Agreement
1.
Concluded
in 2000
between
the
EU
and
79 countries
from
A
frica
,
the
Caribbeans
,
and
the
Pacific (ACP countries),
2.
Concluded
for
a
period
of
20
years
,
every
5
year
a
revision
(2005, 2010)
3.
Objective
:
„
Reducing
and
eventually
eradicating
poverty
,
consistent
with
the
objective
of
sustainable
development
“ . „The
principle
of
sustainable
management
of
natural
resources
and
the
environment
,
including
climate
change
,
shall
be
applied
and
integrated
at
every
level
of
the
partnership
“
(
Article
1)
„The
central
objective
of
ACP
-
cooperation
is
poverty
reduction
and
ultimately
its
eradication
;
sustainable
development
;
and
progressive
integration
of
the
ACP
countries
into
the
world
economy
“ (
Article
19)
4.
sections
:
economic
development
;
social
and
human
development
; regional
cooperation
and
integration
cross
cutting
issues
(
environment
a.o
.)
Globalising
EU environmental
standards
2
3.
Globalising
through
regional environmental
agreements
The Cotonou Agreement
could
establish
a
valuable
playing
field
for
promoting
environmental
standards
Making
agreements
on
-
Aarhus
principles
(
transparency
,
participation
access
to
justice
, NGOs)
-
Impact
assessment
of
projects
,
plans
and
programmes
-
Habitat (
and
species
)
protection
,
Articles
4
to
6, 13
–
16
of
Directive
92/43
-
Sustainable
use
of
pesticides
-
Public
procurement
-
Waste
and
waste
water
treatment
-
Corporate environmental
responsibility
(CSR)
-
Linking
export
credits
, State
aid
to
environmental
compliance
Until
now
,
there
is
no
serious
attempt
to
export
standards
Coercive
and
non
-
coercive
measures
1.
The
experience
with
non
-
coercive
measures
1.1
Climate
Change
Convention
and
post
-
Kyoto
1.2 Joint, but
differentiated
reponsibilities
1.3 Rio
Principles
1.4 Global
Millenium
Goals (2000)
1.5 Corporate
Social
Responsibility
.
2.
Enforcement
mechanisms
for
global environmental
agreements
do not
work
.
3.
There
is
little
hope
to
(
agree
better
global environmental
agreements
(b)
establish
better
enforcement
mechanisms
.
4.
Proposal
for
a
way
forward
:
(a)
make
regional environmental
agreements
(b) link
financial
assistance
to
compliance
Measuring
effectiveness
of
EU
standards
application
in
third
countries
1.
Include
systematic
ex
-
post
evaluation
of
agreements
,
projects
,
plans
and
programmes
,
where
the
EU
is
involved
.
2.
Ensure
transparency
of
the
evaluation
.
3.
Ensure
detailed
reports
on
the
state
of
the
environment
(„
Aarhus
Convention
“)
which
also
report
on
failures
(
auditing
-
type
reports
).
4. Name
and
shame
EU
acts
and
omissions
and
EU
companies
.
5. Link
financial
assistance
to
environmental
compliance
6.
Be
self
-
critical
and
not
self
-
complacent
Concluding
remarks
1
The EU
is
obliged
to
promote environmental
protection
globally
.
It
is
a
political
choice
,
how
serious
it
takes
this
obligation
. The
mere
promotion
of
„
sustainability
“
is
not
helpful
.
And
it
is
doubtful
,
whether
the
„
reduction
and
, in
the
long
term
,
the
eradication
of
poverty
“
is
a
better
objective
and
not
too
vague
and
general
.
Concluding
remarks
2
Any
environmental
measure
,
whether
internally
or
externally
,
will
raise
the
tension
between
EU
competitiveness
vs. EU
environmental
promotion
Concluding
remarks
3
Though
the
EU
sees
itself
as
a model
for
reconciling
environmental
protection
and
economic
growth
,
it
has
not
gained
sufficient
international
credibility
and
leadership
capacity
, in
particular
because
all
too
often
it
does
not
speak
with
one
voice
.
Concluding
remark
4
As global environmental
agreements
are
difficult
to
make
(USA,
China,
Russia
etc
),
the
EU
should
go
for
regional
environmental
agreements
,
for
example
by
filling
the
Cotonou
-
Agreement
with
environmental
life
.
There
are
numerous
such
agreements
possible
which
would
not
significantly
impair EU global
competitiveness
.
Concluding
remarks
5
Regional environmental
agreements
should
set
precise
,
verifiable
targets
which
can
be
measured
.
Systematic
ex
-
post
evaluation
of
agreements
, but also
of
projects
,
plans
and
programmes
,
where
the
EU
participates
,
should
be
foreseen
.
These
evaluations
should
be
self
-
critical
and
not
only
self
-
complacent
,
and
should
be
published
.
Concluding
remarks
6
EU
financial
assistance
(
credits
,
guarantees
,
etc
)
should
be
linked
to
the
compliance
with
established
,
concrete
environmental
objectives
.
It
should
be
accompanied
by
a
monitoring
system
.
Concluding
remarks
7
EU
internal
product
regulation
(
cars
,
chemicals
,
pesticides
)
went
from
optional
directives
to
total
harmonisation
directives
to
regulations
.
This
is
a model
for
export
standards
for
products
which
are
at
present
at
the
optional (+)
stage
.
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