Creating Environmental Policy in the European Union This page intentionally left blank Creating Environmental Policy in the European Union Anthony R. Zito Lecturer in European Politics University of Newcastle upon Tyne First published in Great Britain 2000 by MACMILLAN PRESS LTD Houndmills, Basingstoke, Hampshire RG21 6XS and London Companies and representatives throughout the world Acatalogue record for this book is available from the British Library. ISBN 978-1-349-40517-6 ISBN 978-0-333-98393-5 (eBook) DOI 10.1057/9780333983935 First published in the United States ofAmerica2000by ST. MARTIN’S PRESS, INC., Scholarly and Reference Division, 175 Fifth Avenue, New York, N.Y. 10010 Library of Congress Cataloging-in-Publication Data Zito, Anthony R., 1966– Creating environmental policy in the European Union / Anthony R. Zito. p. cm. Includes bibliographical references and index. 1. Environmental law—European Union countries. I. Title. KJE6242.Z58 1999 341.7'62—dc21 99–15421 CIP ©Anthony R. Zito 2000 Softcover reprint of the hardcover 1st edition 2000 978-0-333-72214-5 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No paragraph of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London W1P0LP. Any person who does any unauthorised act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The author has asserted his right to be identified as the author of this work in accordance with the Copyright, Designs and Patents Act 1988. This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. 10 9 8 7 6 5 4 3 2 1 09 08 07 06 05 04 03 02 01 00 For my parents This page intentionally left blank Contents List of Tables and Figures viii List of Abbreviations and Acronyms ix Acknowledgments xi 1 The Puzzle of EU Environmental Policy 1 2 Theoretical Framework 20 3 Transboundary Air Pollution 49 4 The Carbon/Energy Tax Proposal 88 5 European Hazardous Waste Policy 126 6 Conclusion 167 Bibliography 196 Index 216 vii List of Tables and Figures Tables 3.1 Agreed LCP Emissions Targets 65 5.1 European Waste Definitions before 1985 130 Figures 2.1 Mechanisms Available To EU Institutions 24 2.2 Theoretical Framework 45 6.1 Decision-Making Modes 195 viii List of Abbreviations and Acronyms BAT best available technology BMU Federal Ministry for the Environment, Nature Conserva- tion and Nuclear Safety (Germany) CAP Common Agricultural Policy CDU Christian Democratic Union (Germany) CEC Commission of the European Communities CEFIC European Chemical Industry Council CEGB Central Electricity Generating Board (UK) CO carbon dioxide 2 COPA Control of Pollution Act of 1974 (UK) CSCE Conference on Security and Cooperation in Europe CWE Chemical Waste Act (the Netherlands) DG Directorate General (in the EU Commission) DG II Directorate General for Economic and Financial Affairs DG XI Directorate General for Environment, Consumer Protec- tion and Nuclear Safety (currently Environment, Nuclear Safety and Civil Protection) DG XII Directorate General for Science, Research and Development DG XVII Directorate General for Energy DG XXI Directorate General for Customs and Indirect Taxation DoE Department of Environment (UK, currently Department of the Environment, Transport and the Regions) EC European Community ECJ European Court of Justice ECOFIN Council of Economic and Finance Ministers of the Euro- pean Union EFTA European Free Trade Association EMEP Cooperative Program for the Monitoring and Evaluation of Long-Range Transmission of Air Pollutants in Europe EP European Parliament EU European Union EWC European Waste Catalog EWWE Environment Watch: Western Europe FEAD European Federation of Waste Management ix