WORKSHOP PAPERS
In addition, the Europe Agreement regulates the issues of the free turnover of goods and labor, trading, services, payments, capital, competition, and the approximation of legislation. The Agreement will last for a period of 10 years and its main tasks include the gradual harmonization of legal regulations, of similar or unified targets, and of procedures in the areas of social, economic and political development.
The Czech government adopted Government Decision No. 522/1993 of 22 September 1993, which orders all central government institutions to ensure the implementation of the Europe Agreement and to develop tasks resulting from the Agreement for individual sectors. Two other relevant Decisions of the Czech government include No. 97/1993 regarding limits for the gradual approximation of technological standards and regulations; and No. 237/1994, which establishes a basic framework for the necessary institutional background for the Czech Republic's integration into the European Union. It includes starting points, tasks and targets decisive in setting a strategy, and a work schedule for the Ministry of Environment (MoE).
The fulfillment of the Europe Agreement is divided into two stages. The first is the period from 1 February 1995 until the negotiation process for full EU membership begins and includes the preparatory work ahead of this. The second stage is the fulfillment of the Europe Agreement from the beginning of the negotiation process to the Czech Republic's final admission to the European Union.
A key document regulating the competence and duties of the Czech authorities as regards fulfillment of the Europe Agreement is the Government Decision No. 631/1994 of November 9, 1994. This addresses the need for establishing the institutional background necessary to complete the integration of the Czech Republic into the EU and specifically includes the harmonization of the Czech Republic's legal system.
The timetable of harmonization under the Europe Agreement includes three groups of undertakings:
The largest group of undertakings the Czech Republic must fulfill for entrance to the EU during the ten year period fall under the third group. The timetable for fulfillment will therefore depend on the economic capacity of the Czech Republic and on its will to accelerate the process of European integration. The undertakings within this third group include the harmonization of Czech legislation with that of the EU, as well as solutions to trans-European problems in transport, telecommunications, the environment, the energy sector, nuclear safety, and some other areas.
On 3 May 1995 the European Commission adopted the White Paper. This describes the general situation in the affiliated countries and outlines the priority areas for approximation. A detailed stipulation of the tasks sufficient for the fulfillment of integration is to be drawn up in cooperation with the Europe Commission, within the scope of the environment subcommittee of the Integration Committee.
Harmonizing environmental legislation with regard to technology standards and the environment is one of the most complex areas requiring attention. The task is made even more difficult by the dynamic development of these areas within the European Union itself. Efforts must be focused not only on regulations issued thus far, but also on those to be issued by the point in time when the Czech Republic joins the European Union. The task is therefore dynamic and requires continuous attention.
The approximation of Czech legislation with that of the EU cannot be realized independent of the complex process of restructuring the legal system. It must necessarily be a part, even if only one among several. Other areas requiring attention include adapting the Czech Republic to a market based economy (through economic reform accompanied by deregulation) and solving issues concerning both civil and public law.
The approximation of Czech legislation demands the following conditions:
The MoE is developing a strategy for following and managing the approximation process. This is indeed necessary given the complexity of environmental issues, and seeks to address the need for broad cooperation among the various sectors.
As emphasized in the White Paper, waste management issues (including transport over national borders and treatment of packaging waste) are also important (for example, utilization of waste as a secondary raw material, the use of waste for energy, and further waste recycling). Given that the legislation of the Czech Republic does not include all the necessary regulations, a substantial amendment to the Waste Act (No. 238/1991) is nearing approval, and the adoption of enforcement orders and decrees will be mandated. The details are stated below.
A similar situation can be seen with regard to the handling of chemicals and the prevention and treatment of chemical accidents - namely, the absence of the relevant Czech legislation. Since inter-ministerial cooperation (i.e., between the Ministries of Health, Agriculture, and Interior) is vital in this area, developing the necessary legal regulations is not a straightforward matter. Nevertheless, clear progress has been achieved and it may be assumed that the stated terms will be kept to. It must also be noted that the drafting and approval of new acts demand the adoption of a number of standards and accreditation and control procedures, which at the same time demands suitable staff and technical equipment and in some cases considerable financial cost. Pressure on the industrial sector represents a significant positive element in completing this process.
The MoE has prepared a review of all the relevant legal regulations of the EU relevant to its activities, and is gradually completing an analysis of these documents to ensure the gradual harmonization and approximation of the legal system of the Czech Republic. In most cases the regulations included in the White Paper also assume an awareness of the use of other legislative standards, for example, regulations of general policy on environmental protection, on air and water protection, nature and landscape protection, and on assessment of environmental impact. Most Czech regulations are partly or largely compatible with the cited standards and some are fully compatible. There are no regulations whose content would contradict the corresponding Czech regulations. In some cases there is no corresponding regulation in the Czech Republic.
The MoE has drafted a new act on waste which defines the concept of waste in accordance with EU Council Directive No. 75/442/EEC 'on waste'; with the supplements to Council Directive No. 91/156/EEC; with EC Decision No. 94/3/EEC, providing a list of waste; and also with the Basle Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (MoE information No. 100/1994).
The new catalogue of waste will be fully compatible with EC Decision No. 94/3/EEC, which implements the so-called 'European Waste Catalogue'.
The new conditions for the import, export and transit shipment of waste intended for recycling are in accordance with the Basle Convention; with EU Council Directive No. 84/631/EEC on the control and supervision of the transport of dangerous waste across state borders inside the EU; and the related documents 85/469/EEC and 87/112/EEC; with Council Decision 90/170/EEC on the 'recognition of the OECD [Organisation for Economic and Cooperative Development] Decision regarding the control of the transport of waste within, into, and out of EU Member States.' The new conditions also meet the demands of the OECD documents entitled C(83)180/Final, C(88)/Final, C(90)178/Final, C(92)/39/Final, C(93)/74/Final, C(94)152/Final, C(94)/153/Final and C(94)/154/Final on the regulation and control of waste transport across state borders.
The transport of dangerous waste is regulated by EU Council Decision 94/55/EEC on 'approximation of legal regulations of the Member States related to the road transport of dangerous waste.' Council Directives 89/369/EEC, 89/429/EEC and 94/67/EEC regarding waste incineration are met in the executive regulations associated with Act No. 309/1991 (the 'Clean Air Act').
The system of handling toxic waste has been adapted to the demands of Council Directives 91/689/EEC and 94/31/EEC 'on dangerous waste,' Council Directive 78/319/EEC 'on toxic and dangerous waste,' and Council Directive 76/403/EEC 'on neutralization of polychloride biphenyls and polychloride triphenyls.'
The demands on producers and importers of packaging material and selected products are in accord with the basic requirements of Council Directive 94/62/EEC 'on packaging and packaging waste' and with the Council Directives 93/86/EEC, 91/157/EEC 'on batteries and accumulators containing toxic substances,' and with Council Directives 75/439/EEC and 87/101/EEC 'on the neutralization of waste oils.'
The requirements of Commission Decision 94/774/EEC 'on standard bills of loading of dangerous waste' will be used in preparing executive regulations on procedures for registering and reporting waste.
In meeting the requirements of these EU regulations, the proposed legal standard for waste management will fulfill the stipulations of the EU's White Paper on integration. The requirements of other EU and OECD regulations will not be included but will, for example, be implemented in the form of executive acts and reports by the government of the Czech Republic.
The relevant OECD instruments include:
The Czech Republic has become a signatory of most international treaties and agreements on environment protection which are closely related to the OECD instruments adopted in this area. These include, for example, the Geneva Agreement on long-distance pollution transfer over state borders (1979) including its protocols; the Basle Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (1992); and the agreement on the evaluation of environment impact across state borders (Espoo 1992).
Preparatory work for the Czech Republic's membership of the OECD was well underway by 1994, including that aimed toward the country's participation as a member in the area of environmental issues. This latter area was realized before the end of 1994 in time for a session of the OECD committee on environmental policy. The session results were positive and led the committee in May 1995, to issue a recommendation on Czech membership of the OECD.