Transcript MiW Edinburgh Session VIII - Planned activities for 2016

Planned activities for 2016 on better
implementation and better regulation in the
field of environment policy
Make It Work
Conference
10/11 Dec 2015
DG Environment
European Commission
Summary
• DG ENV has numerous activities in relation to better regulation and
better implementation, this presentation gives an overview of the most
relevant ones in relation to the MiW agenda
• Close collaboration between MIW and DG ENV on concrete subjects
(see compliance assurance and reporting) is ongoing and useful
• The upcoming Presidency of the Netherlands will be an opportunity to
discuss some of these issues further
•
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ENV F.1
Better Regulation
• May 2015 package on Better Regulation
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REFIT Platform
External members on the Regulatory Scrutiny Board
New guidelines for Evaluation and Impact Assessment
Emphasis on consultation
• October Commission Work Programme 2016
• Sets out concrete major initiatives
But other actions not listed there will also be relevant
• Roadmaps set out details, timetable and process for
individual initiatives
But currently not all roadmaps adopted and published
yet, final validation process ongoing.
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Better Regulation and
the environmental acquis
• DG Environment has many REFIT evaluation commitment:
• Environmental Liability Directive, INSPIRE evaluations in early
2016
• More REFIT evaluations on Nature and EMAS and Ecolabel in
2016 plus evaluations on Noise, VOCs, EPRTR
• Continual stream for future including Chemicals Fitness Check
In addition, some new, cross-cutting initiatives planned /
considered:
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Environment Implementation Review (EIR)
Fitness Check on monitoring and reporting
Compliance Assurance initiative
Access to Justice initiative
Work on streamlining of
environmental assessments (EIA, etc)
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The EIR (1) – why?
Why focus on implementation?
Implementation gaps = costs for people, the environment and the
public purse (also people: taxpayers)
over €50 bn
 Need to improve the quality of the environment

 Positive consequences for people and communities
 Improved level playing field and opportunities for economic
operators
 Enhance the credibility of our environmental policies at home and
abroad
The EIR (2) – the fundamentals
 Going beyond enforcement
 A strategic approach: looking at the main existing binding
objectives and obligations
 They will be the single set of benchmarks for an
 even-handed approach (equal treatment)
 Similar to implementation reviews in other areas, but no
scoreboards: country profiles
 Using existing information = no administrative burden
The EIR (3) – current ideas
The Environmental Implementation Review process
June 2016 – to frame the process
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Communication
Member States – every 2 years
28 country reports
1-2 issue papers addressing the
most relevant
implementation challenges
From 2nd cycle onwards, Commission reports also on
progress
Council/Parliament – reflecting reality and
according to the needs
Streamlining (1)
Streamlining the environmental assessments,
Article 2(3) EIA Directive (revised)
BENEFITS
Duplication of procedures and unnecessary overlaps in
environmental assessments are avoided.
Better integration of the environmental considerations in the
development consent and provide developers with certainty.
Less administrative burden by designation of an authority in
charge of coordinating the various individual assessments.
Improved efficiency of the national regulatory framework
related to environmental assessments by enhancing its
transparency and quality.
Streamlining (2)
Streamlining the environmental assessments
If a project requires an assessment both under EIA
and Habitats/Bird Directives, MS have to provide
Article 2 (3) EIA, for a coordinated and/or joint procedure, unless
paragraph 1:
such procedure is not appropriate for the project in
"[…] Member States
question.
shall,
where
appropriate, ensure
that coordinated
and/or
joint
procedures
fulfilling
the
requirements of that
Union
legislation
are provided for."
Unconditional obligation for streamlining the
environmental assessments in such circumstances.
The verb "shall" implies more than a mere option,
especially seen in the context of Art. 2(3), para. 2,
"may".
Streamlining (3)
Streamlining the environmental assessments
Article 2 (3) EIA,
paragraph 2:
In the case of
projects for which
the obligation to
carry
out
assessments of the
effects
on
the
environment arises
simultaneously
from this Directive
and Union legislation
other
than
the
Directives listed in
the
first
subparagraph,
Member States may
provide
for
coordinated and/or
joint procedures.
In addition, Member States have now a mandate, to
merge environmental assessments required by the
EIA and other EU legislation (e.g. Water Framework
Directive (WFD), Industrial Emissions Directive (IED)
Strategic Environmental Assessment Directive (SEA),
Seveso Directive and Waste Framework Directive).
The streamlining can be done either as coordinated
or joint procedure, or in combination of the two.
The verb "may" implies that the streamlining is
subject to Member States' discretion, i.e. there is no
obligation.
Take away messages
• DG ENV has numerous activities in relation to better regulation and
better implementation, this presentation gives an overview of the most
relevant ones in relation to the MiW agenda – we are proactive!
• Close collaboration between MIW and DG ENV on concrete subjects is
ongoing and useful, see compliance assurance and reporting – we value
every input!
• The upcoming Presidency of the Netherlands will be an opportunity to
discuss some of these issues further – we are looking forward to the
policy discussions!
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Questions?
Thank you for your
attention!