Annexes to COM(2012)95 - Improving the delivery of benefits from EU environment measures: building confidence through better knowledge and responsiveness

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dossier COM(2012)95 - Improving the delivery of benefits from EU environment measures: building confidence through better knowledge and ...
document COM(2012)95 EN
date March  7, 2012
agreements that engage Member States

At European level, networks have been created by ombudsmen, environment agencies, inspectors, lawyers working with governments, judges and prosecutors. However, despite a number of initiatives, the potential of cooperation has not been fully realised across all networks. Challenges include ensuring that networks have the necessary secretariat stability to function effectively over extended time-periods and identifying and undertaking projects and initiatives that help network members and facilitate implementation.

Networks may be useful within Member States, too, for example to better involve regional and local government in implementation. Linking national inspectors or prosecutors can also make a significant contribution[22].

Where problems emerge, there is a need for clear commitments from Member States to put in place measures, with benchmarks and timelines, to deliver the required results. These commitments need to be formalised and publicly available, so that Member States, the European Parliament, businesses and citizens can have confidence that their concerns are being addressed within a structured framework. This challenge could be addressed through partnership implementation agreements designed to help deliver improved environmental outcomes.

The Commission considers that improvements could be achieved through

· Active cooperation with EU networks, focusing on their distinct roles and strengths avoiding duplication and facilitating trans-network communication. The outputs of cooperation will respect the autonomous roles of both the Commission and the networks. They might cover support for training of prosecutors and investigators as well as judges. Possible new outputs of such networks include :

· information on successful complementary approaches to compliance and enforcement;

· advice or other forms of assistance to national ombudsmen on investigation of complaints related to EU environment law;

· suggested criteria for employing administrative and criminal sanctions in the case of prosecutors;

· advice on how to close data gaps on compliance promotion and enforcement work at national level;

· general advice on the implementability and enforceability of EU environment proposals.

· Co-organisation of events and conferences on implementation with the Committee of the Regions and creation of a technical platform for co-operation on the environment along the lines of the platform already established on health

· Implementation agreements that commit, without prejudice to the provisions of the Treaties and the Commission's role as guardian of the Treaties, Member States to actions having either the preventive aim of strengthening the capacity to deliver effective implementation or, where appropriate, the remedial aim of resolving specific problems through targeted action. Partnership implementation agreements could proactively direct EU assistance towards improved implementation structures within Member States and might be linked to other initiatives in this Communication, such as effective information systems, complaint-handling mechanisms and inspections. They could also, on a case by case basis, endorse Member State remedial plans to resolve specific problems through targeted and adequately-resourced programmes of work featuring milestones, guarantees of transparency and other safeguards.

Conclusion

This communication supplements the previously mentioned 2007 and 2008 communications by developing ideas primarily aimed at providing Member States with better tools for improving implementation on the ground.

Knowledge and responsiveness are complementary facets of implementation. To give just one example, better knowledge can enable customs authorities to deploy better control strategies for illegal trade in waste and endangered species

Implementation has a cost. But the cost of non-implementation is very often much higher, and therefore taking the steps proposed in this communication represents a sound investment not only for the future but also for the present.

This Communication is addressed to the European Parliament, Member States, their citizens and all actors in the area of implementation and enforcement of environment law. The 7th Environmental Action Programme should ensure a proper follow up and specific measures will be subject to impact assessment.

[1]               COM(2008) 773 final

[2]               Convention on access to information, public participation in decision-making and access to justice in environmental matters

[3]               COM(2007) 502, final

[4]               These ideas will be shared with the enlargement countries so that they can make use of them to plan for and improve implementation from the start of alignment with the environment acquis

[5]               "The costs of not implementing the environmental acquis", COWI, 2011.

[6]               Ibid.

[7]               "Implementing EU Waste Legislation for Green Growth", Bio Intelligence Service, 2011

[8]               Directive 2003/4/EC on public access to environmental information and repealing Council Directive 90/313/EEC, OJL 41, 14.2.2003

[9]               Directive 2007/2/EC establishing an Infrastructure for Spatial Information in the European Community (INSPIRE), OJL 108, 25.4.2007

[10]             COM(2008)46 final, 1.2.2008

[11]             With regard to the transposition of directives into national law see Joint Political Declaration of 27 October 2011 of the European Parliament, the Council and the Commission on explanatory documents, OJC 369, 17.12.2011.

[12]             Such as the location of designated areas.

[13]             Such as monitoring data.

[14]             Articles 7 and 8

[15]             Recommendation 2001/331/EC providing for minimum criteria for environmental inspections in Member States, OJL 118, 27.4.2001

[16]             Regulation (EC) 1005/2009 on substances that deplete the ozone layer, OJL 286, 31.10.2009

[17]             Directive 2010/63/EU on the protection of animals used for experimental purposes, OJL 276, 20.10.2010

[18]             Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC, OJL 211, 14.8.2009

[19]             COM(2003)624 final

[20]             Case C-240/09

[21]             Directive 2003/35/EC

[22]             Examples from Ireland and the Flemish Region of Belgium may be cited.