The legal framework governing the efforts in

batchquonochontaugUrban and Civil

Nov 29, 2013 (3 years and 10 months ago)

84 views

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
.