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 SLOVAK NGOs PROPOSALS TO THE UPCOMING 6th ENVIRONMENTAL ACTION PROGRAMME OF THE

EUROPEAN UNION

September 2000

Development of this document was  supported by Civil Society Development Fundation (NPOA),Bratislava – Slovak Republic


SLOVAK NGOs PROPOSALS TO THE UPCOMING EUROPEAN UNION S

6th ENVIRONMENTAL ACTION PROGRAMME

(September 2000)

 

 I. ENVIRONMENTAL ACTION PROGRAMME (EAP)

The basic documents dealing with environmental policy in the EU, and its overall direction are environmental action programmes. In this documents, principles and aims of the EU environmental policy are presented for a certain periods. The very first one was developed for the years 1973 – 1976, and the last one (the 5th EAP) is valid for the years 1993-2000. It was developed parallel to the Rio Conference and Agenda 21, having ambitious title „Towards Sustainability“.  Taking into account its results and current state of the environment in the EU, the only sustainability is in its name. The 5th EAP has went through “Global Assessment” and comments and suggestions from experts as well as from the broad public are to be incorporated into the 6th EAP, which should be launched before the end of this year. If the Slovak Republic will be the EU member during time of its validity is questionable, yet even if not, the document will have at least indirect impact on the environmental policy development and implementation in this country.

I.1. The 5th EAP outcomes

The programme set up ambitious vision of the sustainable development, yet the practical progress towards this was rather limited from various reasons. The main obstacle appears to be unclear definition of the member countries responsibilities as well as responsibilities of individual sectors.

Despite the programme contribution to the increased environmental consciousness and support for activ public participation in the decision-making process, it failed in influencing economic and social trends with adverse impact on the environment.

Obligations of individual sectors and member countries were fulfilled only partially, and the pattern of production and consumption in the EU countries prevent to switch the present development into sustainable development.

The same trends started to prevail soon after the collapse of totalitarian regimens in the associated countries of central and eastern Europe, where one can witness to some extend (because of lower efficiency of their economies) the same pattern of behaviour. This patterns of production and consumption which are present here have degraded quality of the environment, generate fears about health and security of the citizens and will result in increasing generation of waste and climate change. This  appears to be the main obstacle on the way towards sustainable future.

The future environmental policy of EU has to be created and implemented in a broader social, economy and environmental context. One of the recommendations of the Slovak NGOs is to incorporate into all upcoming documents specific issues and highlights of candidate countries, while full implementation of acquis remains priority.

The challenge for EU in this context is to develop environmental strategy for the enlargement. This strategy has to take into account broader aspects of the environmental policy development and implementation in the associated countries and should not be narrowed on the implementations of the environmental acquis (which of course remains priority), yet it should also support institutional reforms in the associated countries, and strengthen principles of the civil society. The fundamental problem is too sectoral focus of the acquis, while if we hope for a change towards sustainable development, further integration of environmental policies into sectoral is inevitable.

I.2. ASSESSMENT OF THE EUROPEAN ENVIRONMENTAL AGENCY

There is report published by European Environmental Agency in the 1999 Environment in the European Union at the turn of the century) which evaluated current situation and trends in the EU related to the environment. This report concluded, that despite partial success and positive signs the overall quality of the environment is deteriorating. From the Slovak Republic perspective it is extremely important, that the report predicts further deteriorating of the state of natural resources and in biodiversity in the countries of central and eastern Europe.

II. SLOVAK NGOs POSITION TO THE 6th ENVIRONMENTAL ACTION PROGRAMME

The signed Slovak NGOs welcome the possibility to comment,  and contribute to the global assessment of the 5th EAP, offered by the European Commission. Because of this, we critically reviewed the last (the 5th) EAP and compared it to the aims and priorities we persuade in our activities, and to what we believe is contribution to the environmental resources and biodiversity protection, and in this way also to sustainable development. 

Significant document under development in the Slovak Republic is the National Strategy for Sustainable Development. In this position document aims and conclusions of this strategy were compared to the 5th EAP of the European Union.

Based on this critical review and comparison we came to the conclusions that are presented here. The aim is to contribute to the best possible quality of the upcoming 6th EAP and in this way also contribute to the sustainable development and improve state of the environment in member, as well as associated countries.

II.1. UPCOMING6TH   ENVIRONMENTAL ACTION PROGRAMME

The key task is to learn from the pros and cons of the previous Environmental action programme and to come with clearly defined, concrete and binding document which will reflect broad discussion and in this way provide the stakeholder with an “ownership” feeling. The programme should be valid for the next decade in which enter of some of the associated countries into EU will occur. It is therefore good, that first time in the history NGOs and broad public in the associated countries were asked to contribute to this document. However, this should be in the future supported by better information dissemination, promotion and capacity building in the accession countries.

Enter of the associated countries from the CEE region during the programme validity will significantly broader the geographical scope of this document. It is important to mention that the accession will (despite the objectively worse social-economy conditions in this countries) mean positive implications for the EU. On the other hand it represent new challenge for the environmental policy of the union. The challenge is to secure protection of natural resources and biodiversity of the associated countries that is considerably richer, comparing to member states and spread over significantly bigger geographical area. The other issues worth to mention is pollution from mobile sources, which is lower in the associated countries because of higher percentage of public transport, lower amount of cargo transported, and smaller production of waste from households. All this issues are linked to the smaller total amount of natural resources consumption in the associated countries and the aim in the further development should be avoidance of mechanical transposition and acceptance of the current patterns of production and consumption of the EU, which proved to be unsustainable.

II.2.  RECOMMENDATIONS FOR THE 6TH   ENVIRONMENTAL ACTION PROGRAMME

Our recommendations for the 6th EAP are divided into general, which are linked to the overall philosophy efficiency principles - and specific that are directly linked to concrete areas of the natural resources conservation and protection.

II.2.1. General Recommendations

Vision not Revision

The upcoming environmental action programme should present vision for the future and should not be just mechanical rewriting of the previous 5th EAP. It should be based on further promotion of the principles of sustainable development, implementation of Agenda 21 and continuation in environmental policy integration with social policies, and economy. Extremely important task is integration of environmental aspects into sectoral policies.

Despite the 5th EAP, which is rather detailed and difficult for interpretation, the newly developed programme should be shorter and explicit. The priority for the programme implementation is financial procurement and the programme should therefore touch European funds as well. Involved should be CAP, structural funds and in the case of accessing countries pre-accession funds.

Think and act Globally

Despite many objections and unfulfilled aims, EU in the present times represents cutting edge in the area of development and implementation of environmental policy and became leader in this area among developed countries. In the globalising world economy, where constant falling of trade barriers and taxes is on the agenda, we witness increasing export of goods from countries with lower environmental and social standards and transferring of problematic industries from developed countries into the less developed.

This trend is supported by increasing level of consumption in the developed countries, and has other adverse impacts generated by growing transport and connected emissions to the air, water and soil. EU should therefore (beside own internal change towards sustainable development) promote more strict environmental legislation beyond its borders. One of the possibilities could be pressure on the goods certification and implementation of environmental management standards for producers.  The aim is sustainable development also in the less developed countries, while securing their right on equal participation on global sources.

II.2.2. Connection of the 6th Environmental action programme to relevant documents

Helsinki summit of the EU asked European Commission develop proposal for a long-term strategy of integrating social, economy and environmental aspects of further development (European Strategy of Sustainable Development). This strategy should be presented to the Council of Europe in the Jun 2001 and should assist in the global assessment of the 10 years from Rio Conference.  The new EAP should set framework for this document.

In the 6 EAP (and in perspective the European Sustainable Development Strategy) process of preparation all relevant strategy documents related o the environmental policy and sustainable development prepared in the member countries, as well as in the associated ones should be taken into consideration. In the case of the Slovak Republic it is National Sustainable Development Strategy, which is to be published in the spring of 2001.

II.2.3. Clear, measurable and time-framed objectives

Defined objectives

The programme should clearly define priorities and objectives that are to be reached during its duration, by whom it should be done, and in which time framework.

The objectives should also cover social and economic dimensions and promote sustainable development.

On the Helsinki summit in December if 1999 strategies for environmental policy integration were discussed for the sectors of transport, energy and agriculture, while internal market and industrial development should follow. Based on this strategies, and other relevant documents, the 6 EAP could set up qualitative as well as quantitative objectives to be met by the programme implementation both on the level of EU, and individual member states.

Indicators and mechanisms of monitoring

For the success of this programme there is one basic condition to be met, and it is utilising and development of environmental indicators and mechanisms for its efficiency monitoring. Utilising and further development of this (regardless if we talk about monitoring of environmental pressures, or environmental policy integration indicators) is the key element for the programme evaluation.

II.2.4. Priority areas

We consider the following areas as the priority for the programme:

bullet Climate Change – Kyoto Agreement binds EU (as well as the Slovak Republic) reduce emissions of greenhouse gases by 8% between 1990 and 2008/2012. So far it looks, that the target will not be met, while comparing to EU estimations reduction at least by 35% is needed. Slovakia does not have troubles to meet the target of Kyoto, yet it is due to the economy transformation, and collapse of certain industries, instead of effective measures. This trend could easily change if there will be increase in industrial production, or if there is transfer of production from the EU countries, due to the more favourable labour cost.
bullet  Energy – the programme should bind he countries set up ambitious targets for the percentage of electric energy from renewable sources, and promote economic instruments for the energy consumption decrease preferably by progressive taxation. The overall priority is to phase-out nuclear energy.
bullet Transport – Environmentally favourable high percentage of public transport in the CEE countries and relatively high share of rail transport of cargo should be supported and survive. Slovakia is due to its central position crossroad of transport in central Europe. In the case neighbouring countries will enter EU, there is significant probability of increased trade, and subsequently transport among them, which will accelerate pressure on the environment. Therefore rail transport promotion and support is extremely important. The PHARE and ISPA funds are very powerful tools in the hands of EU to influence transport policy.
bullet Agriculture – significant reform of subsidies from the intensive agriculture towards organic farming is crucial interest for the Slovak Rep. Food quality and its low contamination is comparative advantage of our farmers who would not be able to compete by price, but by quality.
bullet Tourist Industry- support and implementation of sustainable tourism should easy environmental impacts of this booming industry.
bullet Biodiversity – Two Directives are not sufficient for the rich biodiversity in the associated countries protection, that’s why the programme should accept this issue as the priority.

The programme itself should bind EU as well as member countries set up realistic, yet ambitious targets in the above-mentioned, and other areas. Such a document, containing time-framework for its fulfilment would, in our opinion, support in the associated countries implementation of measures for the environmental protection. It is important to say, that this would also support position of institutions and organisations dealing with the environment in theirs negotiations with other sectors, and in the environmental policy integration.

II.2.5. Instruments for the policies implementation

Upcoming 6 EAP has to support implementation of the economic, and financial instruments for its objectives fulfilment. The aim is to promote the instruments and generate pressure on the member, as well associated countries to implement them. We consider instruments in the following table as the most important:

Instrument

Description

Risks/Recommendations

SEA

The last version of the proposal for a council directive on Assessment Of The Effects Of Certain Plans And Programmes On The Environment

was accepted by ministers of environment of EU member states on March 30, 2000. It is anticipated, that it should be approved until the year 2000. The directive will then be implemented in the member as well as associated countries.

 

 

There is significant risk, that the directive will not be fully utilised, avoided and misinterpreted (as it already happened in Slovakia with the § 35 of the EIA Act 127/94

 

6th EAP should therefore bind the countries utilise this instrument as far as possible. It appears to us, that the public participation is the Achilles’ heal of the directive.

Legislative

EU has approximately 350 Directives related to the environment

Directives affectivity depends to a large extend on the phase of implementation and law enforcement in individual member and associated countries, where is this problem accompanied by lack of financial resources for the compliance (especially when we speak about investment demanding areas e.g., sewage treatment)

Environmental Tax Reform

Switch from scattered system of natural resources utilisation taxation to a complex system, where tax on labour is replaced by an environmental tax

It is very complicated process and one can expect strong resistance form the political representatives, institutions and citizens. It is therefore important confirm the trend towards the tax reform and push governments in this direction.

Voluntary Agreements

There is currently more then 300 Voluntary Agreements in EU (mostly in Germany and Netherlands). This instrument is virtually unknown in CEE.

Such an agreement may be just a step from the side from industry to prevent adoption of more strict measures.

Therefore support for the instrument should be based on credibility and transparency as well as verification by a third (independent) side.

“Polluter-Pay” Principle

Effective application of this principle is the key approach for the pollution decrease

 

 

 

Methodology for „internalisation of externalities“ has to be further developing to reach the situation when costs paid by polluters would maximally reflect real costs caused by the pollution.

Environmental management Systems

Environmental management Systems and Environmental Auditing implementation (e.g., ISO 14 000, EMAS)

Implementation of certified systems could help in the pollution prevention despite it not always effects core of the problem.

 

ISO 14 000 certification is prevailing in Slovakia, while these norms are in certain aspects “softer” then EMAS. Implementation of EMAS and further increase in demands on certification appears to be the right way.

Subsidies

Especially to industry and agriculture

This subsidies should follow environmental objectives beside economic, and the programme has to define the objectives. The subsidies should support organic farming instead of intensive agriculture and environmentally friendly low material and energy intensive industries instead of exploitation of low quality coal.

„Green” Procurement

In most of the European countries governments are the single biggest purchaser of goods and services

The governments should bind themselves to take environmental criteria into account when procuring goods and services.

 

This appears to be problem especially in countries where high level of corruption is present.

Environmental Liability

Strong environmental liability for damaging the environment with overlap to other sectors of economy

 

 

The upcoming programme should support the principle and to continue and build on “White Paper” on Environmental Liability developed by European Commission

 This table is far to be complete list of instruments available and attention should be paid as well to instruments such as environmental labelling, tradable permissions, LCA, Cost-Benefit Analysis, extended producers responsibility and others.

 II.2.6. Transparency, participation and responsibility sharing

 Ratification of Aarhus Agreements on free access to information, public participation in the decision-making process, and to justice in environmental matters represent important basement for the process transparency.   If there should occur any change to better, then the upcoming 6 EAP in order to be successful has to be building on these very principles of transparency, participation and responsibility sharing. If we want to change behaviour and pattern of consumption among prevailing part of public, than the public must be kept informed. The information has to be understood as the tool which enables change to the right direction and assist the people in decision-making and in choosing among possible alternatives, while hey must be fully aware about environmental consequences of their decisions including health effects. Such informed citizens are the best guarantee for the quality environmental policy development and implementation.

 Lack of interest among different stakeholders was identified as one of the main reasons of limited success of the 5 EAP. To meet the objectives set, it is therefore extremely important to involve people on different levels and provide them with appropriate share of responsibility. Initiatives such as LIFE, Sustainable Cities Campaign and utilisation of instruments such as EMAS and others have to be utilised, accompanied by various projects focused on cooperation of different segments of society (governments, municipalities, NGOs).

 III. CONCLUSIONS

 Signed Slovak NGOs welcome the opportunity comment on the upcoming 6 Environmental Action Programme and they believe, that this approach is not an exemption, yet rule for any other strategic documents, and policies that could directly or indirectly affect countries beyond the present EU borders (i.e., Slovak republic in this case). The next possibility is to involve these countries into development of European Sustainable Development Strategy. In this context we require from the EU to put pressure on the relevant national governments to translate and publish all significant proposals, documents and materials that would enable broader participation of public in the process.

 The Following NGOs participated on development, and support this position:

 ETP Slovakia (Environmental Training Project): etpke@changenet.sk

 DAPHNE – Institute of Applied Ecology: daphne@changenet.sk

 Initiative – Change – iniciativa@post.sk

 Environmental Lobbying Facility – ELF: pirosik@changenet.sk

 Regional Environmental Centre Slovakia: rec@changenet.sk

 Possible comments, suggestions, or inquires about this position paper may be send on the email address: euazp@changenet.sk

 

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