Czech Republic: Workshop Papers

An Integrated Approach to Environmental Protection: Proposals of New European Union (EU) Framework Directives

Dr. Pavla Kocikova, Environmental Consultant and Manager, Ekologicky Servis

Introduction

The European Union's 5th Environmental Action Programme emphasizes an articulation of long-term targets. For its achievement, this requires the gradual meeting of current needs in environmental protection using the existing legislative tools, as well as to seek, create and use additional suitable means and tools.

The so-called 'Framework Directives' proposed in the legislative sphere, represent a logical realization of the strategies selected for a particular area. They provide the basic direction and content for further consequential and more detailed provisions, and they suppose an elaboration and adoption of such provisions (for example, in the form of an Order or Decision, or as an amendment to a Directive).

The best known example of this approach to environmental issues is represented by the Framework Directive 'on waste', or Council Directive 75/442/EEC. This orders an elaboration of a number of further documents within a stipulated period of time (e.g., the European Waste Catalogue and the Toxic Waste Catalogue). Although the original Directive has been amended, for example, with regard to the prepared new strategy of the Community on waste management, it may be said that the Directive itself has been well fulfilling its task for some twenty years.

The EU's 5th Environmental Action Programme also emphasizes:

the necessity of a general approach to environmental protection (in connection with the integrity concept of the Single European Act), contrary to the thus far widely used sectorial approach;
the new interpretation of the 'polluter pays' principle, in the sense of pollution prevention;
the subsidiary principle, or the precise determination of the level on which an environmental protection measure is to be adopted, realized and controlled, i.e., if it is possible to reach the target on a lower level (for example, national, regional, or local) then this should be the level acted upon. If intervention on the EU level is necessary, the duty to act is that of the EU.

The European Commission has recommended the drafts of the following Directives, vital with regard to the regulation of industry, for discussion:

Amended Proposal for a Council Directive concerning Integrated Pollution Prevention and Control - IPC COM(95) 88 final - SYN526, 15/05/1995
Proposal for a Council Directive on Ambient Air Quality Assessment and Management COM(94) 109 final - SYN 106, 04/07/1994
Proposal for a Council Directive on the Ecological Quality of Water COM(93) 680 final - SYN 152, 08/07/1994
Proposal for a Council Directive on the Landfilling of Waste COM (91) 102 - SYN 335, 23/04/1991
Proposal for a Council Directive on the Control of Major Accident Hazards Involving Toxic Substances - COMAH COM (94) final - 94/0014 (SYN), 04/03/1994

Integrated Pollution Prevention and Control (IPC)

The proposal focuses on stationary polluting sources (namely industrial installations) and aims to help prevent problems arising from the transmission of pollution among individual media. It examines the opportunities for solving these problems through a unified approach (i.e. harmonized or similar) in all EU countries.

The proposal, based on the basic Directives 85/337/EEC (working document for environmental impact assessment (EIA)) and 82/501/EEC (accidents related to industrial activity), describes BAT (best available technologies) and accords special attention to a sensible approach for the application of state-of-the-art technologies and to an assessment of input-output ratios. Namely, BAT should be used for pollution prevention, meaning the pollution of the environment as a whole, not of its elements.

Special attention is also accorded to setting suitable environment quality standards (EQSs) for a given area and selected purpose.

EQSs and BAT are considered to be the main methods forward for environmental protection, and are to be mutually indivisible. If the use of BAT is insufficient to achieve EQSs, additional measures must be taken.

The explanatory memorandum of the proposal includes an assessment of the impact of the proposal from industry's point of view, with special regard to small and medium-sized enterprises.

The annexes to the proposal include categories of activities and processes (addressed in the proposal), current EU regulations in force whose content is covered by the proposal, those pollutants the proposal deems most important, and the criteria for assessment of BAT selection.

The proposal has been discussed intermittently for the past three years, and the latest comments (supplements) from May 1995, discuss among other things:

more precisely defining the 'basic duties' of plant administrators
addressing the handling of radioactive substances produced in activities stated in Annex I of the proposal, as the EURATOM founding contract does not treat these problems sufficiently
more precisely defining the concept of 'substantial change'
addressing nuclear power stations and their general impact on the environment
underlining that the reasonable use of natural resources (i.e., raw materials) is not and will not be the purpose of this Directive, as has been the case thus far.

Given that the proposal is rather complex, based primarily on a 'reasonable' approach to environmental protection acknowledging 'necessary' industrial activities (i.e. as opposed to 'unreasonable' restriction), but that it carries with itself important consequences as well, for example, with regard to the responsibility of the state, it has been under consideration for a long period of time and more amendments or supplements are likely.

Assessment and Management of Air Quality

The proposal is aimed at the harmonization of assessment and management practice regarding air quality in all Member States of the European Union, and includes a schedule for reaching quality standards for individual pollutants (using existing Directives).

Three levels of air quality have been proposed:

Good air quality - which means long-term targets have been achieved
Improving air quality - which means the Member State sufficiently monitors air quality and has elaborated and fulfills a program for the recovery and improvement of air quality
Inferior air quality - which means that the Member State in question will be asked to elaborate a program of gradual improvement of air quality and sufficient remedial measures, and that it will inform the respective EU institution of these measures and their results.

The annexes to the proposal include a listing of monitored pollutants, instructions for a selection of pollutants on which remedial measures should be focused, and a list of information required during processing and assessment of programs of air quality improvement on local, regional and national levels.

Given the importance of air quality and the time limits stated in the proposal (1996) it may be presumed that the proposal will see relatively rapid negotiation.

Ecological Water Quality

The proposal harmonizes surface water quality protection requirements at EU level. This, too, is based on existing Directives which have been supplemented and amended.

The EU Member States are asked to:

define their quality targets for all surface water within the EU
elaborate national and regional programs for an integrated approach to reach these targets
adopt measures to realize these programs

This proposal does not address minor water sources and leaves individual Member States to adapt the concept of 'ecological water quality' to local conditions, in accord with EU regulations already in force.

Annexes I to IV define the concepts of 'ecological water quality', 'good ecological water quality', 'best environmental practice', and BAT for this problem area, where 'T' stands for techniques, not technologies.

Annex V stipulates parameters to be measured, measuring and sampling practice, frequency of measurement and sampling, and specifies requirements on the locations of metering stations. Annex VI includes a pattern of activity program on fulfillment of the Directive aim.

The proposal emphasizes public relations and the need to assure public awareness of the given issues, as regards both professionals and the general public. Given the importance of the problem and the fact that it is to an extent a summary of existing Directives, it may be presumed that relatively rapid negotiations are likely.

The 'COMAH' Directive and the Landfilling of Waste

The Directive's proposal on the landfilling of waste is at present being considered in the preparatory work of a new Czech law on waste. Indeed, close attention must be accorded to the proposal, as it lays down relatively high demands both with regard to the technological and financial aspects of landfills (for example, guaranteed funds for treatment after landfill closure). On the other hand, even EU Member States do not agree on all aspects of the proposal, which has been under negotiation for some four years. However, those drafting the Czech legislation certainly can not anticipate less stringent demands on the quality of landfills and on post-closure treatment.

The proposal in the COMAH Directive has been scrutinized by the Czech Republic as the government engages in preparatory work on the bill stipulating responsibility for environmental damage. Also, this proposal, with the exception of its definition of responsibility, stipulates stringent requirements with respect to technologies (i.e., their acquisition and operation) and information systems.

Conclusion

The concept of an integrated approach to environmental protection is included in Act No. 17/1992 ('The Environment Act') of the Czech Republic. In addition, the state environmental policy approved by the Czech government in August 1995 is also based on this concept. Once the proposed EU Directives have been completed and adopted, they must be analyzed thoroughly in view of all possible impacts on a wide range of areas (for example, industry and transport). Realizing this concept will make considerable demands, for example, on technologies and information systems. Therefore, the state administration must do all it can through legislative measures, to encourage volunteer activities on the part of industry (through Eco-Management and Audit Schemes (EMAS), agreements etc.), and to define and subsequently apply, all suitable economic instruments for environment protection (for example, credit policy, insurance, taxes and fees, establishing an emission rights market, integrated emission rights, international transmission of emission rights).

Note:
The original texts, as well as the Czech translations, with explanatory memoranda and other related opinions of EU institutions and other EU documents, may be acquired from the consulting firm EKOLOGICKY SERVIS

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