Environmental Policy in the European Union

349 Pages·2001·3.132 MB·English

by  John McCormick

Environmental Policy
in the European Union
John McCormick
EEUPR 1/18/01 2:21 PM Page i
THE EUROPEAN UNION SERIES
General Editors: Neill Nugent, William E. Paterson, Vincent Wright
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EEUPR 1/18/01 2:21 PM Page ii
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EEUPR 1/18/01 2:21 PM Page iii
Environmental
Policy in the
European Union
John McCormick
EEUPR 1/22/01 2:14 PM Page iv
© John McCormick 2001
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 W1P 0LP.
Any person who does any unauthorized 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.
First published 2001 by
PALGRAVE
Houndmills,Basingstoke,Hampshire RG21 6XS and
175 Fifth Avenue,New York,N.Y.10010
Companies and representatives throughout the world
PALGRAVE is the new global academic imprint of
St.Martin’s Press LLC Scholarly and Reference Division and
Palgrave Publishers Ltd (formerly Macmillan Press Ltd).
ISBN 0–333–77203–2 hardback
ISBN 0–333–77204–0 paperback
This book is printed on paper suitable for recycling and
made from fully managed and sustained forest sources.
A catalogue record for this book is available
from the British Library.
Library of Congress Cataloging-in-Publication Data
McCormick,John,1954–
Environmental policy in the European Union / John McCormick.
p. cm.– (European Union series)
Includes bibliographical references and index.
ISBN 0–333–77203–2 – ISBN 0–333–77204–0 (pbk.)
1. Environmental policy – European Union countries. I. Title.
II. Series.
GE190.E85 M33 2000
363.7¢056¢094 – dc21 00-067097
10 9 8 7 6 5 4 3 2 1
10 09 08 07 06 05 04 03 02 01
Printed in Hong Kong
EEUPR 1/18/01 2:21 PM Page v
Contents
List of Tables and Figures vii
Preface ix
List of Abbreviations xiv
Introduction 1
PART I THE POLICY PROCESS
1 Policy Parameters 17
What is Environmental Policy? 18
The Priorities of European Policy 21
2 Policy Evolution 41
Phase I: Focus on the Common Market (1957–72) 42
Phase II: The Environmental Revolution (1973–86) 45
Phase III: The EU Establishes Legal Competence
(1987–92) 55
Phase IV: Consolidation (1993– ) 61
3 Policy Principles and Agenda-Setting 69
The Legal Basis for EU Policy 70
Policy Principles 75
Agenda-Setting 86
4 Policy Formulation 95
The European Council 96
Initiation: The European Commission 98
The Commission Policy Process 105
Consultation: The European Parliament and
External Actors 111
v
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vi Contents
5 Policy Adoption and Implementation 123
Adoption I: The Council of Ministers 124
Adoption II: Parliament 129
Legitimation and Clarification: The Court of Justice 132
Implementation: The Commission and the
Member States 134
Preconditions for Successful Implementation 142
Improving the Quality of Implementation 148
PART II POLICY OUTPUTS
6 Chemicals and Waste 155
Chemicals: The Problem 156
Chemicals: The Policy Response 158
Waste: The Problem 165
Waste: The Policy Response 168
7 Air and Water Quality 180
Air Quality: The Problem 181
Air Quality: The Policy Response 184
Water Quality: The Problem 193
Water Quality: The Policy Response 195
An Integrated Response to Pollution 205
8 Acidification 208
Acidification: The Problem 209
Early Policy Responses 212
The Germans Increase the Pressure 214
The British Come Around 222
The Large Combustion Plant Directive 228
Towards a Strategic Approach to Acidification 232
9 Nature and Natural Resources 237
Biodiversity 238
Genetically-Modified Organisms 245
Fisheries 249
Agriculture 253
EEUPR 1/18/01 2:21 PM Page vii
Contents vii
Forestry 254
Energy 257
10 Ozone, Climate Change and the International
Dimension 262
The EU as an International Actor 263
The Ozone Layer: The Problem 269
The Ozone Layer: The Policy Response 271
Climate Change: The Problem 277
Climate Change: The Policy Response 280
Conclusions 291
Appendix: Treaty Provisions 300
Bibliography 310
Index 320
EEUPR 1/18/01 2:21 PM Page viii
List of Tables and Figures
Tables
1.1 Key environmental issues 22
2.1 The evolution of EU environmental activity 50
3.1 Changes to Article 174(2) 79
4.1 Directorates-General of the European Commission 100
4.2 Organizational chart of the Environment DG 102
4.3 Stages in the EU environmental policy process 110
5.1 Frequency of meetings of the Councils of Ministers 132
5.2 Notification of national implementing measures
for environmental laws 136
6.1 Key pieces of EU law on chemicals and pesticides 161
6.2 Key pieces of EU law on waste 172
7.1 Key pieces of EU law on air quality 187
7.2 Key pieces of EU law on water quality 198
8.1 Key pieces of EU law on acidification 217
8.2 Emission reductions under the 1988 Large
Combustion Plant directive 230
9.1 Key pieces of EU law on biodiversity and GMOs 244
9.2 Key pieces of EU law on fisheries, agriculture,
forestry and energy 252
10.1 Environmental treaties signed by the European
Community 266
10.2 Key pieces of EU law on the ozone layer and
climate change 275
10.3 CO emissions in the EU, 1990–96 286
2
10.4 CO emissions reductions in the EU 288
2
Figures
1.1 EU environmental laws by subject, 1958–99 26
2.1 EU environmental laws by year, 1958–99 64
5.1 Cases against which infringement proceedings
were underway, by sector, February 2000 141
viii
EEUPR 1/18/01 2:21 PM Page ix
Preface
When most Europeans think about the European Union, the
kinds of issues that come most readily to mind include the single
market, agricultural policy, the euro, controversies involving
the European Commission, and – more recently – attempts to
build a common European foreign and security policy. These are
the matters most often covered by European media, which
devote much less time and space to the other policy areas
affected by integration, such as transport, regional policy,
development, consumer issues and – most notably – the envi-
ronment. The unfortunate effect of all this has been to give
the impression that the EU devotes most of its time to a select
group of often controversial policy problems. In fact, its inter-
ests are much broader, and the implications of its work are much
deeper.
In few places has the impact of European integration been
more telling than in the field of environmental policy, where the
European Union has helped encourage government, industry
and citizens in the member states to develop a response to prob-
lems that are often better dealt with at the regional rather than
the national level. The result has been an expanding body of
law dealing with issues as varied as air and water quality, waste
management, the control of chemicals, the use of pesticides,
noise pollution, acid rain, fisheries management, energy effi-
ciency and climate change. Reaching agreement on a joint
response to such matters has not always been easy, and the
effects of EU policy have been mixed, but there is now a broad
consensus that the efforts made at the European level to develop
policies on the environment have helped make the EU a cleaner,
quieter and healthier place in which to live.
This book is designed to provide a broad-ranging overview
and assessment of the environmental policy of the European
Union. I wrote it for three main reasons. First, while EU envi-
ronmental policy has been the subject of a growing body of
research, most of it is very specialized. There are many excel-
lent studies of particular environmental problems, of the char-
acter of EU environmental law, and of the effects of EU law on
ix