4. Legal Framework (continued)

4.2. Environmental Legislation

  The process of adopting new environmental legislation is regarded as an integral part of reform in the SILAQ countries. It is seen as a means for allowing the establishment of fundamental levels of environmental protection, and an opportunity to establish a framework that is consistent with the international commitments of these countries.

New Acts New legislation, however, may fail to meet its objectives, (as often happened in the past), unless a broad mix of policy instruments are implemented alongside, including so-called economic instruments, regulations and guidelines. This report will later focus on these policy instruments and will examine the ways they have been implemented. Since the political changes at the end of the last decade, many of the SILAQ countries have upgraded or adopted a new fundamental law, usually in the form of a constitution. In it, a clear statement is made about the necessary environmental regulations and general policy requirements. It also establishes, for example in Bulgaria, Poland and Slovakia, the rights of citizens to a favorable environment, and to timely and complete information on the state of environment. Citizens enjoy the right to benefit from the values of the natural environment, but are also responsible for its protection.

Framework Laws The principles and legislative instruments used to achieve the objectives of sustainable development and environmental protection are usually set forth by a single fundamental and comprehensive framework law, supported by other environmental, economic and energy laws and regulations. In the SILAQ countries, these include:
  • In Bulgaria, the Environmental Protection Act was adopted in 1991 and amended in 1992. It partly revokes the Act on Pollution and Protection of Air, Water and Soil, adopted in 1975;
  • In Poland, the Act on Environment Protection and Shaping, adopted in 1980 and amended in 1995;
  • In the Czech and Slovak Republics the Act on Environment, adopted in 1992 and the Act on Protection of the Air against Pollutants, adopted in 1991 (as federal laws of the former Czechoslovakia);
  • In Slovenia, the Law on Environmental Protection, adopted in July 1993.

In most cases, these comprehensive laws introduce the "polluter pays" principle, specifies the administrative framework and responsibilities of authorities at the national and regional level and arranges financial mechanisms to support environmental projects, including national environmental funds and regional environmental funds. These laws also tend to promote the use of best-available technologies not entailing additional cost for new and retrofitted units, establish the rights of citizens to information on the environment, as well as to information on new projects which may have environmental impact. Where these issues are not covered by environmental legislation, they are addressed by the constitution.

Related Regulations Framework laws on the environment are usually supplemented by sets of other laws and subordinate regulations, including laws on air quality and protection that introduces air quality standards. In this regard, SILAQ countries traditionally have well elaborated regulations and standards. For example, in Bulgaria, 171 standards for maximum concentrations were adopted in 1984 and further updated in 1996 by the Clean Air Act.

Sulfur dioxide (SO2), nitrogen dioxide (NO3), ozone (O3), carbon monoxide (CO), particulate matter and lead (Pb in aerosols) tend to be those air pollutants regulated in most of the SILAQ countries. The successful enforcement of regulations requires a well-designed and efficient institutional framework and monitoring system.


REC * PUBLICATIONS * REDUCTION OF SO2 AND PARTICULATE EMISSIONS * LEGAL FRAMEWORK

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