Waste Workshop, Athens, 3-4 November 2011

The European Environmental Bureaus (EEB) activities on environmental law & enforcement,

Regina Schneider Head of Communications, Enforcement co-ordinator

EEBs activities are closely linked to those of the EU institutions EU bodies and their role in correct application of EU law Tools and options the EU system offers Commission: Has the role of a watchdog, guardian of the Treaty and it is its task to see to it that EU law is correctly applied - Secretariat General Annual reports on application of EU law 28th Report on monitoring the application of EU law [COM(2011) 588] 29/9/11
http://ec.europa.eu/eu_law/docs/docs_infringements/annual_report_28/com_2011_588_el. pdf

Sectoral reports [SEC(2011) 1093]

http://ec.europa.eu/eu_law/docs/docs_infringements/annual_report_28/sec_2011_1093_en .pdf

European Environmental Bureau Bureau Europen de lEnvironnement

Commission (continued)
DG ENVI - Directorate A: Legal Affairs & Cohesion - Enforcement, Infringements coordination & legal issues, Unit A.1 Complaints EEB: EC COMPLAINTS PROCEDURE: EEB's SEVEN KEY RECOMMENDATIONS FOR A CHANGE (2002) Example: interim measures requested by EEB, limited use by Commission Complaints are mainly submitted by our members, they know the situation in the country EEB supports their complaints - bringing them up in discussions at high level meetings - occasionally organising a press conference or sending a PR - supporting/ co-signing letters sent to officials to draw attention to the case

Commission - complaints (continued)

- EEB Board had a meeting with the former Environment Commissioner on complaints and the recurring problems our members are face with.
- Lack of respect of agreed compensation measures - Commission investigated one of the cases

- Related to complaints EEB addresses requests to the Commission for access to documents - EEB jointly with other NGOs submitted a strategic complaint with regard to the Water Framework Directive (WFD)

Complaints Ombudsman (EP)

The European Ombudsman is exclusively dealing with maladministrations of EU institutions Ombudsman has only a moral power, can make recommendations but not enforce anything Example: - Commission refused access to requested documents - EEB was convinced it had a right to get these documents - EEB submitted complaint to Ombudsman - Ombudsman supported EEB case and asked Commission to grant access to the documents - Commission gave only partial access - Case was finally closed Also EP: Petitions Committee and implementation sessions in Environment Committee

Complaints to the European Court of Justice

- EEB has been asking for years that NGOs should get Access to Justice part of our work on the Aarhus Convention - So far NGOs have no standing or only under a special condition - They have to be personally/individually concerned - This excludes NGOs from the Court on any environmental matter, as an example environment pollution always concerns many - Only case NGOs can submit to the ECJ is the refusal of access to requested documents. The NGO requested them, so it is individually concerned by the refusal.

Commission (continued)
Compliance promotion, governance & legal issues, Unit A.2 Better Enforcement Communications EEB reaction to Communication COM(2008) 773/4: EEB website: Implementing European Community Environmental Law EEB expresses concern about:
Not explicit enough reference to access to documents prioritisation versus de-prioritisation, too restricted use of interim measures, access to justice many MS not in line with Aarhus convention, pilot projects how much can they improve enforcement, etc

Submitted in form of letter, comments, assessment or position to the Commission.

European Environmental Bureau

Commission - Compliance promotion, governance & legal issues, Unit A.2 (continued) New Commission Communication on Better Enforcement, publication foreseen before end of the year. Different focus compared to previous good governance, knowledge based improvements EEB provided input in meeting with Commission officials and submitted its comments and suggestions in writing EEB participated at COM conference. Speech by Jeremy Wates at EC Stakeholder Conference on Implementation and Compliance (article in Metamorphosis) After publication EEBs law-group will analyse and comment
Submit comments to Commission

Package Meetings combined with pre-NGO meetings

European Environmental Bureau

EEBs work on better enforcement tools, EU law with a potential to contribute Commission, DG ENV Cohesion policy & EIA, Unit A.3 Different tools for better enforcement Environmental Impact Assessment (EIA) revision in preparation Strategic Environmental Assessment (SEA) EEB intends to get more involved Environmental Liability Directive (ELD) EEB project in preparation in view of ELD revision Environmental Crime Directive waiting for cases to pick it up again and ask for revision

European Environmental Bureau

EEBs work on better enforcement tools EU law with a potential to contribute More tools for better enforcement Environmental Inspections As part of sectoral law, eg SEVESO and also waste As law on Environmental Inspections (they exist in the Food and Veterinary sector) Minimum Criteria for Environmental Inspections Access to documents (Aarhus) recast after long blockage finally moving again, vote in Committee in November, in Plenary in December Council under Danish Presidency EEB will prepare a letter to MEPs with our expectations and voting recommendations > we need your help in addressing it to the MEPs

Lisbon Treaty
The Lisbon Treaty, changes important with regard to enforcement: Contains provision for legal training (Articles 81(2) and 82(1) TFEU) First time it provides a legal basis for EU action on judicial training COM Communication on European judicial training expected before end of the year

European Environmental Bureau Bureau Europen de lEnvironnement

Thank you for your attention The EU has an impressive environmental acquis but, according to a former Environment Commissioner only half of it has been properly transposed into national law and is being correctly implemented. With existing EU law we have a good basis for environment protection lets use it!