Annex 1
Format of the Country Reports

The country reports have two main tasks:

on the one hand, the country report has to introduce the relevant domestic legal regulation, while
on the other hand, to present the state of approximation with the environmental legislation of the EU.

In order to provide comparable information on the countries progress in approximation of their environmental legislation towards the EU environmental legislation, the format of the country reports contain the following parts:

Introduction
Main elements of EU environmental legislation embodied or becoming adopted into the national legal system
Conclusions.

Part I. Introduction

A general background information on the key features of associated country's environmental legislation (national approach to environmental legislation/sectorial breakdown, main lines of the structure of environmental administration/, stage of development, obstacles) should be described. Information on the work towards approximation of the national environmental law to EU legislation carried on in the country (when started, who is involved, what was achieved) should be provided.

What is the general political approach to the environment in the legislative processes (in parliament and the government)? How great is the political importance of environmental matters compared to other fields of policy and legislation, such as the economy? What is the system and general structure of the environmental legislation like? Is there any general environmental code covering all the most important fields of the environment and environmental activities? Is there any framework law as a basis for sectoral environmental laws or is there a different solution? Where is the emphasis of the legislation: on the elements of the environment or on the complex protection of the environment? What are the main issues covered by the basic environmental law or laws? What are the most important environmental legal norms (exact title and number, year)? What is the role of command-and-control and the role of economic incentives in the environmental legislation? Which state organs are involved in environmental legislation, how are they involved and to what extent ( parliament and its organs, the government, the courts...)? Which department of the government is responsible for environmental administration? Which other departments are involved? Do the local or regional public authorities have certain tasks in the field of the environment? Are environmental provisions included in the basic civil and criminal laws? Are there any specific environmental provisions or are there any different provisions also applicable to environmental problems? Is there any political program concerning the law harmonization or law approximation with the EU? Which governmental organizations deal with this topic? What is the situation of law harmonization or approximation in the field of the environmental law?

Part II. Main elements of EU environmental legislation embodied or becoming adopted in the national legal system

The detailed analysis of country reports should cover the following five main areas:

General introduction into specific fields of domestic environmental legislation (for example, air pollution regulations in the country);
Main elements of specific fields of EU environmental legislation embodied into the national legal system in general and with specific attention to some characteristic components of these constituents;
Main elements of specific fields of EU environmental legislation getting adopted into the national legal system in general and with specific attention to some characteristic components of these constituents. Details should be given on the stage of the work, deadline to completion and constraints and problems.
Overview of the application in practice of environmental legislation described in two and three, covering both the topic of potential capacity of environmental enforcement and also the factual situation of environmental enforcement; and finally
Comprehensive conclusions on the progress of approximation referring to specific fields of EU environmental legislation.

In Part II. of each and every country report, the following eight fields will be addressed one by one referring to the five areas mentioned above:

Environmental regulation of constitutional character,
Legislation relating to general environmental policy requirements,
Air,
Chemicals, industrial risk and biotechnology,
Nature,
Noise,
Waste,
Water.

The first field of case studies needs a further clarification. The term "Environmental regulation of constitutional character" covers those regulations that, on a European level, are manifested in amendments of the Treaty of Rome by the Single European Act and the Maastricht Treaty, likewise - on a national level - are formulated in the Constitution or in a general or framework environmental law, determining among others

environmental rights and obligations,
the main responsibilities of state organs, and the general division of power,
principles or rules of a conceptual character.

The other fields of interest for the study reflect the European Community Environmental Legislation (1992) pattern. The following are detail questions to be answered while assessing compliance. A grouping of 33 EU environmental legislation pieces among seven environmental fields is also described.

I. Environmental regulation of constitutional character

Is there any specific provision at constitutional level regarding the environment? Does the constitution of the country contain any specific environmental provision? If it does, in which chapter or what context (citizens' basic rights and duties, responsibilities of the state...)? Are the main environmental objectives incorporated in the legislation at constitutional or other level: preservation, protection and improvement of the quality of the environment; protection of human health; prudent and rational use of natural resources? Are the basic environmental principles laid down in the legislation: prevention of harm; control of pollution at source; the polluter should pay; integration of environment into other policies?

II. General environmental policy

Council Recommendation 75/436/Euratom, ECSC, EEC - Polluter Pays Principle

Is the "Polluter Pays Principle" adopted in legislation? If it is adopted, which regulation declares it? How is the identification of the polluter regulated? Are standards (environmental quality standards etc.) laid down connected to the polluter pays principle? Are environmental charges applied in the regulation? Do they fulfill their incentive and redistribution function? For which purposes are incomes from charges used? To what extent can the costs borne by the polluters cover the expenditures of anti-pollution measures?

Council Directive 85/337/EEC - Environmental Impact Assessment

Is the principle of prevention adopted in environmental legislation? Is there any procedure legislated in order to assess the environmental affects of public and private projects? Are the main objectives of environmental assessment procedures provided for, such as: protection of human health, quality of life, maintenance of the diversity of species, maintenance of the reproductive capacity of the ecosystem? Under what conditions are projects made subject to assessment procedures (nature, size, location...)? What are the main factors to be assessed in EIA procedure? Is the list of projects subject to EIA in accordance with Annex I of the Directive? To what extent? Are developers obliged to supply appropriate information to the authorities concerned? Is access to information ensured for the public? Is the public involved in decision - making procedures under EIA? Are transboundary environmental effects taken into consideration in the EIA regulations?

Council Directive 90/313/EEC - Access to environmental information

Is the principle of free access to environmental information adopted? Are there any detailed regulations for its implementation? What type of information is accessible: state of environment, activities, measures etc.? In case of refusal of request for information, are the due administrative or judicial procedures for review open? Are general information on the state of the environment provided to the public?

Council Regulation EEC/880/92 - Eco-label award scheme

Do the regulations reflect the main environmental principles, like: preventing, reducing and eliminating pollution, ensuring sound management of raw materials resources; Polluter Pays Principle? What are the main objectives and general principles of the eco-label award regulation? What are the main characteristics of the criteria established for the award? What are the main lines of the procedure for the award? Are industrial, commercial consumers and undertakings have due access to relevant information on the eco-label award? What are the main points of rules concerning advertising?

Council Regulation EEC/1973/92 - Financial Instrument for Environment (LIFE)

Is there any environmental fund established in the country? What are the main objectives of the fund? What are the main principles of providing support from the fund? Who is entitled to receive support from the fund and for what purposes? What fields are covered by the fund ( promotion of sustainable development and the quality of life, protection of habitats and nature)?

Council Regulation EEC/1836/93 - Eco-management and audit scheme

Is there any regulation legislated in order to evaluate and improve the environmental performance of industrial activities? What are the main objectives of the regulation? What types of economic activities and companies fall under the regulations? Are the procedures of schemes under such regulations compulsory or voluntary? What are the main obligations of companies under the schemes or procedures? Is the definition "environmental audit" in any form adopted? What are the main rules and requirements if environmental auditing procedures? Are industrial companies in any way obliged or encouraged to prepare environmental statements? If they are, on which topics? Are there environmental policies and programs prepared in the industrial sector on company level?

Proposal for a Council Directive 93/C 31/106 - Integrated pollution prevention and control

In order to protect the environment, are measures and procedures regulated in order to prevent or minimize emissions from industrial installations? Is a permitting procedure established, taking into account also emission standards? Does the public have access to the relevant information?

Air

Council Directive 70/220/EEC - Emission from motor vehicles

How is emission from motor vehicles regulated? Emissions of which substances are regulated? To what kinds of vehicles are the regulations applicable? To what types of engines are the regulations applicable? For testing emissions of vehicles, what procedures are introduced? Connected to emission standards of motor vehicles, are there any tax incentives regulated?

Council Directive 82/884/EEC - Lead in air

Is there any limit value fixed by law for the concentration of lead in the air? How high is this limit? Connected to lead concentration, are there any plans prepared, and are there any legislative measures taken for the improvement of the quality of air? Are sampling stations installed and operated in the places where necessary?

Council Directive 84/360/EEC - Industrial plants

What are the most important legal regulations concerning prevention and reduction of air pollution from industrial plants? Is there any administrative authorization procedure for the operation of industrial plants, regarding also air pollution? (Compare the regulations with Annex I and II of the directive.) Are the principles of pollution prevention, and BATNEEC ( best available technology not entailing excessive costs ) included in the regulations? Concerning BATNEEC, are there policies and strategies implemented for industrial plants? For the public concerned, is free access to information ensured in the authorization procedures?

Council Directive 89/369/EEC - New municipal waste incinerators

Is there detailed legal regulation for new municipal waste incineration plants? What are the main rules for authorization, design, equipment, operation and reporting? Are the emission limit values fixed in the regulations? Are the limit values included in the operating authorizations of such plants? Are the operators required to follow monitoring and inspection of the plants, and to provide reports to the competent authorities? Concerning the operating authorization procedures and monitoring controls, is the access to information for the public ensured?

Council Decision 93/389/EEC - Monitoring mechanism of Community CO₂ and other greenhouse gas emissions

Is the stabilization or reduction of CO₂ and other greenhouse gas emissions a part of the national environmental policy? In order to limit CO₂ and other greenhouse gas emissions, what kind of legislative measures have been taken? What kind of monitoring mechanism exists? Is there a national program or policy adopted and implemented? What are the main objectives of those programs, policies, and legislation? On emissions, and measures taken or envisaged, is there any database available?

Proposal for a Council Directive 94/C 216/04 - Ambient air quality assessment and management

Has a national policy or legislation been adopted on the assessment and management of ambient air quality? Among legal regulations on air, are there regulations applicable to ambient air quality assessment and management? What are the main objectives and principles of that policy or legislation? Are the following principles adopted in the respective policy or legislation: limitation and prevention of harmful effects on the environment and human health; availability of information to the public; maintenance of good air quality and improving poor ambient air quality? Are the objectives of air quality and the methods of assessment clearly laid down? In case air quality objectives are exceeded, are the necessary actions and measures regulated? For ambient air quality assessment and management, are there any responsible authorities or other institutions designated?

Chemicals, industrial risks and biotechnology

Commission Directive 67/548/EEC - Classification, packaging and labeling of dangerous substances

Is the principle of protecting human health and the environment against chemical substances adopted in the legislation? Is there any special legislation on chemical substances and preparations, dangerous for the environment or human health? Which fields are covered by the legislation: testing, classification, packaging and labeling? What types of substances are controlled? Concerning packaging and labeling, are there detailed requirements laid down? In order to control the risks, classification and labeling, and precautionary measures of manufacturing and/or placing dangerous chemical substances on the market, what kind of administrative procedure exists? What type of authority is responsible for the control?

Council Directive 82/501/EEC - Industrial accidents and emergency response

In industrial activities involving dangerous substances, is the principle of prevention declared, and are the manufacturers obliged to take measures for prevention? Is the principle of safety and health at work adopted in the respective legislation? Are there detailed regulations for the implementation of this principle, especially on providing information, training and equipment to persons working on such industrial sites? Are manufacturers required to provide information to the competent authorities on the substances used, installations and possible accident situations? Are the necessary information on safety measures and correct behavior in case of accident for the persons concerned and for the public available? For cases of accidents, are the necessary measures for manufacturers and the authorities regulated? Are the regulations applicable to both existing and new industrial activities? For the control of industrial activities and for acting in emergency situations, are the competent authorities defined? Are all the relevant information collected (see also Annex V., VI., VII.)?

Council Decision 89/569/EEC - Good Laboratory Practice

Concerning Good Laboratory Practices (GLP), are the respective OECD regulations or other regulations adopted? Is there any legislation applicable to laboratory practices? Related to the protection of human health and the environment, are test data of chemicals collected by regulatory authorities? Are the requirements of high quality, validity and reliability regulated? Is the goal of the reduction of duplicative testing of chemicals declared in the legal regulations? What legislative instruments are applicable for the monitoring of laboratory practices? Is there any administrative procedure for monitoring? Are laboratory inspections and study audits regulated? Concerning GLP, or otherwise laboratory practices, is there any information database available?

Council Directive 90/220/EEC - Genetically modified organisms

Is there a legislation applicable to genetically modified organisms (GMOs)? So as to protect human health and the environment, is there any regulation related to the release of GMOs into the environment? Is the principle of prevention applicable in this field? Is there any procedure established for the assessment and evaluation of the potential risks of the release of GMOs? For the control of the release of GMOs, is there an administrative procedure established? Are the relevant information on GMOs collected in an information database? What types of information are collected? Is there special regulation for releasing GMOs on the market? Is the public involved in decisions on the release of GMOs?

Council Regulation EEC 793/93 - Evaluation and control of the risks of existing substances

Is there any regulation applicable to the risk evaluation of substances (as defined in the regulation)? Is the collection, circulation and accessibility of information on existing substances regulated? Concerning the use of existing substances, are manufacturers obliged to report data to any authority? What kind of data are collected?

Nature

Council Directive 79/409/EEC - Conservation of wild birds

Which regulations are applicable to the conservation of wild birds? What are the main objectives of the applicable regulations?

Do the regulations concentrate on the conservation of species and the conservation of habitats as well? Is the protection of the diversity of habitats provided for? Which concerns are taken into account in the regulations: ecological, scientific, cultural, economic, recreational? How is the hunting of wild birds regulated? What are the main restrictions for activities affecting wild birds? What levels of protection are established? Are the most important species under strict protection? What are the main regulations concerning the sale of wild birds? In what cases are exemptions from the restrictions allowed?

Council Directive 92/43/EEC - Conservation of natural habitats and of wild fauna and flora

Are the objectives of biodiversity and sustainable development adopted in environmental policy and legislation? Is the conservation of natural habitats and the conservation of habitats of species among the objectives of environmental legislation? Are those objectives regulated in details? If yes, what are the most important steps taken? What kinds of lists are compiled concerning protected sites and species? What levels of protection are established? Are the most important sites and species under strict protection? Are there special areas of conservation nominated? In conservation measures, are economic, social and cultural requirements, and regional and local characteristics taken into account? Have steps been taken in the country to take part in the European Ecological Network now being set up? Is relevant information collected, and also made available to the public? Is the necessary research and scientific work encouraged and continued?

Noise

Council Directive 70/157/EEC - Permissible sound level of motor vehicles and the exhaust system

What are the main legal requirements to the permissible sound level and the exhaust system of motor vehicles? What kinds of vehicles are subject to those regulations? What restrictions are introduced to vehicles which do not meet the regulations?

Council Directive 86/594/EEC - Airborne noise emitted by household appliances

What is the manner in which the public is informed of the level of noise emitted by household appliances? In order to provide such information, is there a label of products introduced? Are there any legislative measures taken in order to use less noisy household appliances? So as to measure the airborne noise emitted by household appliances, what kind of testing system is established?

Waste

Council Directive 75/442/EEC - Waste Framework

Is there a general legal obligation on waste management? Do the waste management regulations include as main objectives: the prevention or reduction of waste production, clean technologies, BATNEEC, recycling ? Is the Polluter Pays Principle applicable to waste management? Do the regulations provide for the recovery or disposal of waste without endangering human health or causing harm to the environment? Is the abandonment, dumping or uncontrolled disposal of waste prohibited? Is there an integrated network of waste disposal installations established? Is a waste management permit regulated? Concerning waste management, is record keeping and reporting required? Are waste management establishments or undertakings regularly inspected? For the country or the municipalities, is the setting up of a waste management plan required?

Council Directive 85/339/EEC - Containers of liquids for human consumption

In order to reduce waste, what kind of policy or legislation is adopted for the reduction of the quantity of beverage containers? Is the education of consumers organized? Is refilling and recycling facilitated? Is the selective collection and recovery of nonrefillable containers organized? How is legislation, administrative procedures, or voluntary agreements measured within the industry?

Council Directive 91/689/EEC - Hazardous waste

In addition to general waste regulations, is the management of hazardous wastes regulated in a more stringent way? Are the sites of hazardous waste discharges recorded and identified? During recovery, collection or transport, are the different categories of hazardous wastes, and hazardous wastes from non-hazardous wastes managed separately? What kind of permit is required for hazardous waste management? Is the proper packaging and labeling of hazardous wastes regulated? Concerning hazardous waste management, is record keeping and reporting required? Are waste management establishments or undertakings regularly inspected?

Council Directive 94/67/EC - Incineration of hazardous waste

Is the prevention of environmental pollution taken into account in the regulations on permitting the operation of hazardous waste incineration plants? What are the main requirements included in the permits? Are the operators of plants obliged to take all the necessary measures in order to prevent or reduce harmful effects on the environment concerning the delivery and reception of hazardous wastes? Is the level of incineration regulated? Are the detailed operating conditions and emission limits regulated?

Proposal for a Council Directive 93/C 212/02 - Landfill of waste

For the disposal of waste by landfill, are there special legal regulations? Are the environmental concerns (reducing the risk of soil and groundwater pollution) taken into account in the respective regulation? What are the main objectives of the regulations: prevention, recovery, or disposal? What are the main requirements for the location, monitoring and control concerning the landfill of waste? Is the "polluter pays principle" included in the regulations?

Water

Council Directive 75/440/EEC - Surface water for drinking

Are the necessary regulations adopted in order to ensure the quality of surface fresh water abstracted for use as drinking water? Are the quality standards laid down? Is there any program or action plan prepared in order to improve the quality of surface water, with concerns for the environment?

Council Directive 76/160/EEC - Quality of bathing water

Is the quality of bathing water provided for in special legal regulations? Is there any plan prepared for the improvement of the quality of bathing water? Are physical, chemical and microbiological parameters established for bathing water? Concerning the quality of bathing water, are there sampling operations and inspections carried out?

Council Directive 76/464/EEC - Dangerous substance discharges

Is the protection of aquatic environment against dangerous substance discharges properly regulated? Is the elimination or reduction of pollution regulated concerning dangerous substances? (Compare with List I and II of Annex.) Are the applicable emission standards and limit values defined? For dangerous substance discharges into waters, is prior authorization by a competent authority required?

Council Directive 80/68/EEC - Protection of groundwater against pollution

Concerning the protection of groundwater, is there a comprehensive legislation adopted?

Are the objectives of preventing or limiting the introduction of dangerous substances into groundwater included in the applicable legislation? Are the regulations applying to both direct and indirect discharges? Which substances are regulated? (Compare with List I. and II. of Annex.)

Proposal for a Council Directive 94/C 222/06 - Ecological quality of water

Is there a framework legislation established for the ecological quality of all surface waters? Are the quality targets of water clearly defined? Is a monitoring system set up for water quality? Is there a special program or policy concerning the problem? Are effective measures implemented? Is the public informed and consulted?

Part III. Conclusions

The process and state of environmental legislation, in general, according to the assessment of the country reporter, should be described, together with the potential benefits for the CEE countries to comply with EU environmental legislation. Under this heading, the country case studies should have:

listing of those characteristics of the domestic legal system that generally support the process of approximation and
listing of those characteristics that may be considered as obstacles for approximation process, and also
enumeration of final conclusions.

REC * PUBLICATIONS * APPROXIMATION OF EU ENVIRONMENTAL LEGISLATION * ANNEX 1

Annex 1 Format of the Country Reports