Annex 2

Detailed methodology of the Report

Justification in selection of environmental legislation of the EU reference base

The present report was not intended to cover all the aspects of environmental law of the EU, mainly due to the lack of time allowed for the preparation of the Country Reports. The Country Reports using the reference base developed provide an overview of the certain country present stage of compliance with the EU environmental law and trends of the approximation process, together with the examination of major achievements, problems and obstacles that are mostly common in the given countries.

Characteristic pieces of legislation in each of the constituents of environmental legislation were selected to represent major areas of the relevant field of legislation which pieces certainly reflect only a part of environmental legislation of the EU.

These characteristics among others lie in their following properties to:

provide a general principal background for each of the spheres of environmental legislation (for example the list of principles in general environmental policy, the emergence of integrated pollution prevention and control policy, habitat directive within nature protection, waste framework regulations within waste management, etc.);
represent a broader area of environmental protection (for example, the waste framework regulation, eco-management and audit scheme, ecological quality of water proposals, etc.);
in terms of environmental effectiveness they might have a bigger impact on the general development of domestic environmental law (for example environmental impact assessment as a basic condition of preventive approach, the regulation of industrial plan emissions, the regulation of industrial accidents and emergency responses, etc.);
may be taken as basic or illustrative legal instruments or methods of a given type of regulation, as some of the legal measures manifest themselves along the similar lines or types of environmental legislation (for example, the different air pollutant emission regulations have common components when determining the standards and technology requirements of lead or nitrogen oxide in the air, also the regulation of permissible sound levels of certain products, or the quality requirements for specific water uses, etc.).

The proposed selection of EU environmental legislation may be taken only as a series of examples - even very important examples - of the whole range of European Union environmental legislation and for understanding the whole "approximation puzzle", and it would be essential to widen the field of examination in the future through more detailed analysis. There are two main possibilities for the much more detailed analysis of approximation process regarding environmental legislation :

first, it is possible to examine one or more specific fields or instruments of environmental legislation in details - such as the provisions for the implementation of access to information regulations in domestic environmental law or the emergence of such new concepts as integrated pollution prevention and control;
second, it would also be important to do some research in the field of overall implementation of environmental laws in the given country and the level of enforcement of legal requirements in practice.

Assessment of the compliance level to the EU environmental legislation fields in the respective countries

Based upon the information in the Country Reports, the level of compliance to EU environmental legislation in the respective countries regarding the certain fields, were assessed using expert judgment. The basis of that assessment was the development of detailed criteria for every EU legislative piece. The detailed criteria were used as guidelines in assessing the certain criteria, but was not scored individually. The criteria was assessed using a scoring system which is described in detail below.

The criteria relating to certain fields of EU environmental legislation were assigned with values reflecting their standardized relative weight in the certain fields.

List of criteria used in assessing compliance

The tables following present detailed criteria and weights used for the assessment for the level of compliance to the EU environmental legislation in the different fields.

GENERAL POLICY

criteria weight

1. Do the following principle appear in environmental legislation?
  prevention/precaution
  rectifying the pollution at source
  polluter pays
  Integrating environmental policy into other policies
  the high level of protection 0.15

2. Is the polluter pays principle embodied or reflected in
  the framework environmental act?
  other basic law on the environment?
  in civil law?
  in other laws? 0.05

3. Does the polluter pays principle cover
  the damages?
  a specific environment damage?
  the costs of reinstatement?
  the costs of prevention?
  the costs of monitoring and control? 0.10

4. Is there an EIA regulation existing in the country
  in a draft format?
  in a detailed regulation?
  in general? 0.15

5. Does the EIA provisions contain
  the list of activities subject to mandatory EIA?
  a direct link to permitting?
  the details of the procedure?
  public participation? 0.15

6. The free access to information
  provided for in a legal regulation?
  covers most of the environmental information in general?
  provides for an obligation of the public authorities?
  provides for some obligation of the polluters?
  is protected by a judicial review process? 0.15

7. Is there an eco-label award scheme embodied in law reflecting the eco-label regulations? 0.05

8. Are there any provisions concerning the development of environmental management schemes?
  EMAS (voluntary)
  environmental auditing
  reflected in law
  provisions connected with permitting 0.05

9. Is there an environmental fund existing
  as a separate state fund?
  as part of other funds? 0.10

10. Is the concept of IPPC reflected in environmental policy/legislation? 0.05

Total weight for the field 1.00

GENERAL POLICY
criteria	weight
1. Do the following principle appear in environmental legislation? prevention/precaution rectifying the pollution at source polluter pays Integrating environmental policy into other policies the high level of protection	0.15
2. Is the polluter pays principle embodied or reflected in the framework environmental act? other basic law on the environment? in civil law? in other laws?	0.05
3. Does the polluter pays principle cover the damages? a specific environment damage? the costs of reinstatement? the costs of prevention? the costs of monitoring and control?	0.10
4. Is there an EIA regulation existing in the country in a draft format? in a detailed regulation? in general?	0.15
5. Does the EIA provisions contain the list of activities subject to mandatory EIA? a direct link to permitting? the details of the procedure? public participation?	0.15
6. The free access to information provided for in a legal regulation? covers most of the environmental information in general? provides for an obligation of the public authorities? provides for some obligation of the polluters? is protected by a judicial review process?	0.15
7. Is there an eco-label award scheme embodied in law reflecting the eco-label regulations?	0.05
8. Are there any provisions concerning the development of environmental management schemes? EMAS (voluntary) environmental auditing reflected in law provisions connected with permitting	0.05
9. Is there an environmental fund existing as a separate state fund? as part of other funds?	0.10
10. Is the concept of IPPC reflected in environmental policy/legislation?	0.05
Total weight for the field	1.00

AIR

criteria weight

1. Are there any plans for improvement of air quality? 0.20

2. Are there specific regulations for point sources? 0.10

3. Are there specific regulations for mobile sources? 0.10

4. Does the BATNEC as a general requirement appear in air pollution regulation? 0.10

5. Concerning BATNEC, are there any special policy or strategy implemented for industrial plants? 0.10

6. Are there any specific regulations for greenhouse gas emissions? 0.10

7. Are there any specific regulations for waste incineration plants? 0.10

8. Is there any administrative authorization procedure for industrial plant operations regarding air pollution? 0.20

Total weight for the field 1.00

AIR
criteria	weight
1. Are there any plans for improvement of air quality?	0.20
2. Are there specific regulations for point sources?	0.10
3. Are there specific regulations for mobile sources?	0.10
4. Does the BATNEC as a general requirement appear in air pollution regulation?	0.10
5. Concerning BATNEC, are there any special policy or strategy implemented for industrial plants?	0.10
6. Are there any specific regulations for greenhouse gas emissions?	0.10
7. Are there any specific regulations for waste incineration plants?	0.10
8. Is there any administrative authorization procedure for industrial plant operations regarding air pollution?	0.20
Total weight for the field	1.00

CHEMICALS, INDUSTRIAL RISK AND BIOTECHNOLOGY

criteria weight

1. Do the dangerous substances (chemicals) require a specific permit and record-keeping? 0.15

2. Do the dangerous substances (chemicals) require special classification, packaging and labeling? 0.15

3. Are the dangerous industrial activities reported and controlled? 0.15

4. Are internal/external plans for emergency responses for dangerous industrial activities required? 0.15

5. Is the public informed on dangerous activities and emergency response plans? 0.12

6. Are there some similar regulations like Good Laboratory Practice or other qualifications? 0.12

7. Are there any regulations like those in connection with GMOs or GMMOs? 0.08

8. Does the risk assessment appear
in case of chemical substances?
in case of dangerous activities? 0.08

Total weight for the field 1.00

CHEMICALS, INDUSTRIAL RISK AND BIOTECHNOLOGY
criteria	weight
1. Do the dangerous substances (chemicals) require a specific permit and record-keeping?	0.15
2. Do the dangerous substances (chemicals) require special classification, packaging and labeling?	0.15
3. Are the dangerous industrial activities reported and controlled?	0.15
4. Are internal/external plans for emergency responses for dangerous industrial activities required?	0.15
5. Is the public informed on dangerous activities and emergency response plans?	0.12
6. Are there some similar regulations like Good Laboratory Practice or other qualifications?	0.12
7. Are there any regulations like those in connection with GMOs or GMMOs?	0.08
8. Does the risk assessment appear in case of chemical substances? in case of dangerous activities?	0.08
Total weight for the field	1.00

NATURE CONSERVATION

criteria weight

1. Is nature conservation based mostly upon the regulation of protected species and protected areas? 0.50

2. Do the new elements of nature conservation such as natural habitats appear in law? 0.50

Total weight for the field 1.00

NATURE CONSERVATION
criteria	weight
1. Is nature conservation based mostly upon the regulation of protected species and protected areas?	0.50
2. Do the new elements of nature conservation such as natural habitats appear in law?	0.50
Total weight for the field	1.00

NOISE

criteria weight

1. Are there any specific noise pollution regulations in terms of motor vehicles? 0.50

2. Are there any specific product standards for noise emission of household appliances? 0.50

Total weight for the field 1.00

NOISE
criteria	weight
1. Are there any specific noise pollution regulations in terms of motor vehicles?	0.50
2. Are there any specific product standards for noise emission of household appliances?	0.50
Total weight for the field	1.00

WASTE

criteria weight

1. Is waste management regulated by law? 0.15

2. Do waste management regulations cover waste management plans? 0.15

3. Are waste management regulations developed for
hazardous wastes?
other wastes? 0.15

4. Do waste management activities require a specific permit? 0.15

5. Do hazardous waste incineration plants have specific regulation? 0.12

6. Are there specific requirements for the landfill of wastes? 0.12

7. Does BANTEC form a part of the general waste management regulations? 0.08

8. Are there any special regulations relating waste originated from packaging materials, such as beverage containers? 0.08

Total weight for the field 1.00

WASTE
criteria	weight
1. Is waste management regulated by law?	0.15
2. Do waste management regulations cover waste management plans?	0.15
3. Are waste management regulations developed for hazardous wastes? other wastes?	0.15
4. Do waste management activities require a specific permit?	0.15
5. Do hazardous waste incineration plants have specific regulation?	0.12
6. Are there specific requirements for the landfill of wastes?	0.12
7. Does BANTEC form a part of the general waste management regulations?	0.08
8. Are there any special regulations relating waste originated from packaging materials, such as beverage containers?	0.08
Total weight for the field	1.00

WATER

criteria weight

1. Does water protection cover the water discharges? 0.17

2. Are there specific water quality requirements for different water uses, like drinking or bathing water? 0.17

3. Are there regulations for protection of groundwater against pollution? 0.17

4. Are water quality requirements for the general ecological quality of water reflected in national legislation? 0.17

5. Are water quality standards laid down? 0.17

6. Is a monitoring system set up for water quality control? 0.17

Total weight for the field 1.00

WATER
criteria	weight
1. Does water protection cover the water discharges?	0.17
2. Are there specific water quality requirements for different water uses, like drinking or bathing water?	0.17
3. Are there regulations for protection of groundwater against pollution?	0.17
4. Are water quality requirements for the general ecological quality of water reflected in national legislation?	0.17
5. Are water quality standards laid down?	0.17
6. Is a monitoring system set up for water quality control?	0.17
Total weight for the field	1.00

The justification for the different weights referring to the criteria listed above is as follows:

General environmental policy regulation

There are three groups distinguished assigned with different weights, reflecting the theoretical or practical importance of each of the questions within the field of general environmental policy.

The following questions belong to the Group 1 - these issues are seen as three times more important than the issues of Group 3:

Do the following principles appear in environmental legislation?

The principles qualify the main trends or directions of an environmental legal system, representing also the theoretical background of it. The significance of these principles is also characterized with the fact that they form a part of the treaty provisions also.

Is there an EIA regulation existing in the country?

Does the EIA provisions contain ...?

The environmental impact assessment is the most common basic preventive instrument in environmental law. The EIA provisions have a history of more than 10 years within the EU, thus this may be taken as a well-established and developed institution. Also, the procedural elements of the impact assessment form and integral part of the whole.

Is there free access to information ...?

The access to information is the fundamental condition for public participation. It is a yardstick of democratization of the decision-making process in environmental protection.

The following questions belong to the issues of Group 2 and considered twice as important as Group 3:

Are there any provisions concerning the development of environmental management schemes ...?

Although the EMAS regulations are relatively new in EU environmental law, they formulate the basis for a new path of environmental protection, that is the self-regulatory type of protection, embodying the principles of precaution and prevention in a more sophisticated way.

Is there an environmental fund existing ...?

In a situation when not only the CEE countries are facing the problem of shortage of funding in environmental protection the existence of special fund of funds is crucial. The funds are mostly present in the CEE countries, as one of the first steps towards the setting up of an economic incentive system in the direction of efficacy.

The following question belong to Group 3: Is the polluter pays principle embodied or reflected in ...?

Does the polluter pays principle cover ...?

The first question within general environmental policy regulation has already covered the concept of PPP. Consequently these two questions rather go into the details of the principle. We also have to understand that it is rather difficult to estimate the existence of the different elements of the principle as usually there are no clear definitions for problems like the costs of reinstatement or at least these definition are closely linked with jurisprudence.

Is there an eco-label award scheme embodied in law reflecting the EU eco-label regulations?

The eco-label is a relatively new instrument, having today only a limited and indirect effect on implementation.

Is the concept of IPPC reflected in environmental policy/legislation?

The IPPC at this moment is only a proposal for legislation even within the EU, thus we may not expect the CEE countries to have provisions that may be taken as direct references to the proposal.

Air

There are two groups of questions in connection with air pollution legislation, distinguished in a way that the following two questions in Group 1 are taken as twice as significant as the others in Group 2:

Are there any plans for the improvement of air quality?

The air quality plans - if they exist - indicate the overall strategy of struggling against the different form of air pollution of the given country. They also form the basis of further legislation.

Is there any administrative authorization procedure for the operation of industrial plants, regarding also air pollution?

The authorization procedure may be taken as the basic legal instrument or condition of prevention that is binding for all the polluters in connection with all the air pollution issues.

Chemicals, industrial risks and biotechnology

There are three groups of questions, representing different levels of importance, in a way that the first group of questions are seen as twice as important as the third group. The explanations below are given in the cases of Group 1 and Group 3.

The following questions belong to Group 1:

Do the dangerous substances (chemicals) require a specific permit and record-keeping?

Do the dangerous substances (chemicals) require special classification, packaging and labeling?

Are the dangerous industrial activities reported and controlled?

Are internal/external plans for emergency responses for dangerous industrial activities required?

The proper regulation of all the four questions in a domestic legal system may have a great potential impact on the environment and civil protection in general. The legislation of all the four elements could be undertaken in a relatively quick process, while these issues are mostly neglected in the CEE countries. Some of the countries mix these problems with labor safety and worker protection problems, although they represent a different level of perception.

The following questions belong to Group 3:

Are there some similar regulations like GLP?

The discussion of good laboratory practice is a brand new field in case of the CEE countries legislation, therefore even the evaluation and comparison of existing or developing instruments is uncertain.

Are there any regulations like those in connection with GMOs or GMMOs?

These issues have at the moment a limited importance in the CEE countries' legislation, representing a totally new area of legal regulation.

Nature conservation

The regional overview report does not make any distinction between the two nature conservation question. The first question on protected species and areas refers to the most common means of nature conservation regulation, while the second question on habitat protection represents the first big step towards and ecosystem approach.

Noise

Both of the noise abatement questions refer to the basic legislative methodology of the EU, that is the source-oriented approach or from an other perspective, the product-oriented approach. The regulation of motor vehicle noise emissions has a longer regulatory history, while the airborne noise of household appliances reflect a general common interest of the society. Thus, there is no need to make any differences between the two similar issues.

Waste

The progress report distinguishes three groups of questions in the field of waste management. The first groups of questions are seen as twice as significant as the third group, while the issues of the second group are in between the two.

The following questions belong to Group 1 problems:

Is the waste management regulated by law?

Do the waste management regulations cover waste management plans?

Are the waste management regulations developed for ...?

Do the waste management activities require a specific permit?

These four issues cover the core of waste management regulation of a given country. They also represent the systematic approach of waste management, based on priorities, covering all the types of wastes and as probably the most valuable legal instrument of this sphere of law, requiring a specific permit for the different activities.

The next two questions are taken as less significant and belong to Group 2:

Do the hazardous waste incineration plants have specific regulation?

Are there specific requirements for the landfill of wastes?

Both of the methods of final disposal of wastes may have a potential significant negative impact on the environment if the proper regulations are missing. Unfortunately, the appropriate regulation of these issues is still an exception in the CEE countries generally.

Issues related to Group 3 may not be taken as a dominant element of waste management regulation:

Does BATNEEC form a part of the general waste management regulations?

Due to the relative backwardness of waste management regulations in the given countries, there is little point in requiring these countries to refer to BATNEEC in their legislation.

Are there any special regulation relating waste originated from packaging materials, such as beverage containers?

The whole packaging materials and packaging waste regulation is a relatively new phenomenon, even within the EU system.

Water

The problems raised within the water quality regulations are taken as equally important, thus the report does not attach any specific weight to neither of the questions.

Calculation of compliance levels

All the fields again were assumed to be equally important in the environmental legislation.

The weights for criteria were multiplied with the relevant score (see table below) and were summed up for the certain fields providing the assessment of the compliance level to the EU environment legislation in the certain field. The 100 percent refers to total compliance, while 0 indicates non-compliance. These field related figures were calculated to all the countries and are presented within the tables of Country Reports. The environmental legislation of a constitutional character within the countries were not assessed quantitatively but the tabulated qualitative information are provided at the beginning of each Country Reports referring to the first field investigated.

A summary table of compliances in the different fields by the 10 countries is presented in the Regional Overview.

Score Characteristic of the case

0.00 The country report could not provide any helpful information or the legal system is at such an early stage of development that a particular legal instrument is missing from the country's legal system.

0.33 The first steps towards implementing the given legal instrument have already been taken in the country, or there is a comprehensive legal draft in progress or in front of the government or Parliament.

0.67 The main elements of the examined legal instrument are present in the domestic legal system and it has been developed along a similar line to that of the EU.

1.00 The given legal instrument is very similar to the respective EU environmental legislation.

Score	Characteristic of the case
0.00	The country report could not provide any helpful information or the legal system is at such an early stage of development that a particular legal instrument is missing from the country's legal system.
0.33	The first steps towards implementing the given legal instrument have already been taken in the country, or there is a comprehensive legal draft in progress or in front of the government or Parliament.
0.67	The main elements of the examined legal instrument are present in the domestic legal system and it has been developed along a similar line to that of the EU.
1.00	The given legal instrument is very similar to the respective EU environmental legislation.

REC * PUBLICATIONS * APPROXIMATION OF EU ENVIRONMENTAL LEGISLATION * ANNEX 2