Download Introduction of the Chapter 27

Acquis communautaire
in Chapter 27 –
Environment
Criteria for membership
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Political – stability of institutions guaranteeing
democracy, the rule of law, respect for human
rights and minority rights and adherence to the
aims of the EU
Economic- existence of a functioning market
economy and the ability of market factors to cope
with competitive pressure and market laws within
the EU
Legal- adoption of the entire acquis (acquis
communautaire), implementation and application
Administrative - adaptation of appropriate
administrative structures to ensure the conditions
for the gradual and harmonious integration
EU environmental policy
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objectives and principles for the implementation of
environmental policy are set out in Treaty on European
Community, Head XIX
Implementation of environmental policy is based on:
- The principle of precaution and preventive action
- The integration of environmental protection into all
other development policies
- The principle of polluter pays
- Preventing pollution at the source
- Shared responsibility of all participants in the
development
- Promoting sustainable development
Acquis communautaire
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primary Community law: treaties on the
establishment of the community and the general
principles of law
secondary Community law:
- Regulations (EC)
- Directives (EC)
- Decisions (EC)
- Recommendations, Opinions
unwritten Community law:
- fundamental rights in the Community
- principles of constitutionality
- customary law
international agreements which are signed by EU
international agreements between member states
Primary EU law
EU is founded on the four agreements:
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Treaty establishing the European Coal and Steel
Community – April 18, 1951, in Paris
Treaty establishing the European Economic
Community (EEC) – March 25, 1957, in Rome
Treaty establishing the European Atomic Energy
Community (EURATOM) – signed in Rome
together with the Treaty establishing the
European Economic Community
Treaty on European Union – Febrauray 7, 1992,
Maastricht
Acts of the
European Community
 Binding
acts:
– Regulations
– Directives
– Decisions
 Unbinding
acts:
– Recommendations
– Opinions
Regulations
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Regulations - acts of general application that
are fully binding and directly applicable in the
member states - to unify the law of the member
states
they are not incorporated into national law, but
they are applied directly as European regulations
based on its publication in the Official Journal of
the EU
they replace national legal norms, states are
required to abolish existing norms of its legal
system that conflict with regulations
Directives
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Directives – acts in terms of the results that
they realized binding on each member state to
which they referred, but leave the national
authorities the choice of form and methods
Directives serve to approaching and not to a full
approximation of internal law of the member
states
Chapter 27 – acquis communitaire
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also includes horizontal issues (Environmental
impact assessment (EIA), Strategic
Environmental Assessment (SEA), environmental
liability, environmental information,) and
legislation related to air quality, water, waste
management, nature protection, industrial
pollution and risk management, chemicals,
climate change and noise. Includes also several
international agreements.
Horizontal legislation
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Environmental impact assessment (EIA),
(2011/92/EU)
Strategic Environmental Assessment
(SEA) (2001/42/EC)
access to environmental informations
(2003/4/EC)
Chemicals
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REACH regulation (registration, evaluation,
authorization and restriction of chemicals)
CLP regulation (EC) no. 1272/2008 contains
provisions on the classification, labeling and
packaging of substances and mixtures
regulations concerning the export and import of
chemicals, reduction of persistent organic
pollutants, biocides, animal tests
Nature protection
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The Birds Directive (2009/147/EC) and
The Habitats Directive (92/43/EEC)
In accordance with these guidelines, the
protected areas - especially Natura 2000
areas, need to be identified and measures
for protection need to be implemented (+
consider them in all sectors)
Waste management
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Waste Framework Directive (2008/98/EC)
+ legislation on landfill of waste, shipment of
waste and numerous special waste streams
(batteries and accumulators, end-of-life vehicles,
waste electrical and electronic equipment,
packaging and packaging waste etc.)
Water
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Water Framework Directive (2000/60/EC)
WFD – based on the principles of
integrated river basin management and
the participation of the public in the
decision making process is the main legal
arrangement that aims to protect and
improve the quality as well as the quantity
of all water bodies in the EU
IPPC
Industrial pollution and risk management
- Directive on Integrated Pollution
Prevention and Control (IPPC) 2008/1/EC
 regulates the issues on integrated permit
system, prevention of pollution during the
production phase (selection of raw
materials, clean production), management
of pollution caused by production process,
best available techniques (BAT) and public
participation
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Air
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Air Quality Framework Directive
2008/50/EZ – rules on clean air, plans and
programs, monitoring procedures
Directive on Substances that Deplete the
Ozone Layer
Directive on Volatile Organic Compounds
(VOC)
Noise
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Directive on the Assessment and Management of
Environmental Noise (2002/49/EC) – requires
strategic noise mapping by member states for places with
more than 250,000 inhabitants, for all major roads which
have more than 6 million vehicles transit a year, for major
railways which have more than 60,000 train passages per
year and for major airports in their area
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The Directive also requires the Member States to
draw up Noise Action Plans
Climate change
there are several legal decisions in the EU in
relation to climate change:
 the monitoring of greenhouse gases,
 system of emissions trading,
 reducing emissions,
 storage of carbon dioxide,
 protection of the Ozone Layer
Negotiations of the EU and the
Republic of Croatia
Chapter 27 – Environment
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Air quality
Waste management
Water quality
Nature protection
Industrial pollution, control and risk management
Chemicals and GMO
Noise from vehicles and machinery
Nuclear safety and radiation protection
Civil protection
Climate change
THANK YOU FOR YOUR
ATTENTION!
ŽELJKA LELJAK GRACIN, ZELENA AKCIJA / FOE CROATIA