Transcript The legal framework governing the EU‘s efforts in

The legal framework governing the EU‘s efforts in
promoting EU environmental standards
in third States
The Hague, 19 April 2013
Ludwig Krämer
[email protected]
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
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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, Chemicals
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 (Rotterdam 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
Installations 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 Africa, 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 selfcomplacent, 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.