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Analysis of Structure and Content of European Union Environmental Legislation
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4. Analysis of structure and content of EUropean union environmental legislation
The EU has adopted more than 300 environmental laws, although not all of them are subject to transposition to the national legislation of states preparing for EU accession. The criterion for the degree of national legislation approximation to EU standards is determined by the formers degree of concordance to the specially approved list of EU legal regulations. The specific list for environmental legislation is called “The Environmental Acquis,” which is the system of legal regulations of transnational significance for unifying those regulations that affect the interests of all or some EU members and which should be adopted at the highest intergovernmental level. This list includes 86 directives, 21 regulations, and 12 decisions, totaling 119 documents.
The requirements of directives and decisions should be transposed to national legislation and implemented by countries of Central and Eastern Europe aspiring to EU accession. The regulatory documents contain legal regulations of direct force and do not require transposition to the national legislation of member states. Thus, parliamentary adoption of the law on accedence to these regulatory documents is one of the methods whereby EU regulations may be included in national legislation. In this way, the regulatory legislation, once accepted, becomes national law when that country accedes to the international convention or agreement. Thereafter, all current national laws and by-laws should be brought into accord with these regulations.
In the Russian and Ukrainian-language literature, the word “regulations” is most often translated as “resolutions” and sometimes “provisions,” although the recommended translation, “regulations,” is semantically closer to the original meaning and does not create difficulties for translation into English. This is the term that is therefore used throughout the following text.
EU legal acts are subdivided into 9 groups:
General provisions (horizontal legislation) – 3 directives and 2 regulations, totalling 5 documents
Air quality – 12 directives
Waste management – 14 directives and 1 regulation, totalling 15 documents.
Water quality – 19 directives
Environmental protection – 3 directives and 6 regulations, totalling 9 documents.
Regulation of industrial pollution and risk management – 4 directives, 2 regulations and 12 decisions, totalling 18 documents.
Chemical substances and genetically modified organisms – 10 directives, 7 regulations, totalling 17 documents
Industrial noise – 14 directives
Nuclear safety and radiation protection – 7 directives and 3 regulations, totalling 10 documents
An analysis of the structure and content of the three Dnipro River countries’ environmental legislation showed that it differs substantially from EU environmental legislation. For example, in Ukrainian environmental legislation some of the sections contained in EU legislation are absent, in particular, waste management, control of industrial pollution and risk management, chemical substances and genetically modified organisms, and industrial noise. To all intents and purposes, the content of national laws does not correspond to the content of EU directives. The structure and content of the environmental legislation of the three Dnipro River countries therefore require approximation to EU standards.
It should be noted that serious differences were also observed in the structure and content of laws. An EU legal act is developed according to the following scheme:
Title
Powers
Recitals
Legal requirements
It is obligatory that the title includes the type of legislation to which the act belongs, i.e., a directive, set of regulations, mandatory decision, or recommendation.
“Powers” should provide the legal basis for the development of this law. This is important because of the possibility of establishing environmental requirements in national legislation that are stricter than those contained in EU legislation. This is prohibited, particularly where the consequences could affect trade relations between EU member states. As a rule, the legal basis (powers) for the development of a law are not indicated in the environmental laws of Dnipro River countries and appears only in by-laws in the form of a reference to relevant statutory requirements.
The next section of an EU legal act is “Recitals,” the declarative part of the document, which is also translated as “Statement.” This part provides a substantiation of the importance of this particular legal act. The form of the statement in the Recitals is rather specific, and there is nothing analogous in the legislation of Belarus, Russia, and Ukraine. This, however, is a very important part of the document because it enables a better understanding of its goals and tasks.
The last section of a legal act, “Legal Requirements,” is the main one. This section is subdivided into articles and occasionally parts. It also provides appendices with technical and scientific information, tables of various values, plant and animal categories, etc. Environmental laws of the Dnipro River countries do not typically have appendices.
In approximating national legislation to current EU legislation, one could include all of the elements of EU legislation that are considered useful. This would also gradually improve the structure of national legislation. However, it is important to realize that the purpose of approximation is not to duplicate EU legislation. The structure and content of national and EU legislation may be different, but the specific regulatory requirements of EU legislation should be sufficiently incorporated into national legislation so that the two do not conflict. This is laborious work, but it should be accomplished while transposing EU legal regulations.
The fundamentals of EU water codes are determined by Framework Directive 2000/60/ЕС passed in 2000 by the European Parliament and Council. This directive establishes the foundation of the community’s activities in the area of water policy [3] and is based on a recognition of the following principles:
That water in natural units of the hydrological water cycle is not a commercial product, but the common heritage of all mankind, and one requiring protection and careful treatment.
The need for water protection in both quantitative and qualitative terms, given the inevitability of increasing demands for good quality water to satisfy human needs.
The need for preventive measures for averting environmental damage and probable occurrences of such damage in water bodies.
The realization of market economy principles like “the polluter pays.”
That environmental policy should be formulated with due regard to current scientific and technical information, environmental conditions in various regions, the anticipated costs of effecting nature conservation, and the effectiveness thereof, in order to ensure the balanced sustainable development of the EU and its regions.
The planning and implementation of measures intended for ensuring the protection and sustainable use of water within the river basin. Where possible, it is desirable that decisions be made closer to localities where the water body is exposed to impact. Environmental programmes must include priorities that are developed with due regard to regional and local conditions.
The promotion of cooperation and consistency of activities at all levels, including the local level, with the involvement of water users, consumers, and the general public.
The continued integration of water policy into other policy areas, such as energy, transportation, tourism, agriculture, and fish farming.
The realization of measures aimed at the gradual reduction of hazardous substances discharged to water bodies with return water.
The prioritization of contaminants for the realization of measures aimed at eliminating their discharge into water bodies.
The setting of environmental goals for ensuring the sound environmental condition of surface and underground water and for preventing the deterioration thereof.
Joint consideration of quantitative and qualitative aspects related to both surface and underground water, taking into account natural conditions of the motion of the water flow within the hydrological cycle.
The need for coordinated environmental action with regards to transboundary river basins on the part of all countries related thereto.
An analysis of the characteristics of the river basin and the environmental impact of human activity, as well as an economic analysis of water use; the systematic monitoring of changes observed in water conditions, and a comparison of the data thereof. This is important for developing environmental programmes with achievable goals.
The use of economic regulatory instruments, such as the recovery of costs for water services, compensation for environmental damage, and permit fees for the discharge of contaminants.
The inclusion in action programmes of measures for preventing pollution crises and for reducing the impact thereof.
The application of a comprehensive approach to regulating discharges, and controlling the pollution of water bodies by setting maximum permissible levels for discharges and environmental standards for water quality therein.
The dissemination of appropriate information regarding measures scheduled for the water management of the river basin, and the publication of reports on related results.
The new key requirement of EU legislation is that each country organize the management of the water basin within its borders [4]. Within the framework of such management, each country’s economic and environmental restrictions might be taken into account in the best way by using this management for the gradual achievement of established goals. However, any further deterioration of the environmental condition of water bodies shall be prevented.
References
Directive 2000/60/ЕС, which establishes the basis for activity in the area of water policy.
O.G. Vasenko, V.P. Lozansky. “The system of management for water protection in the Dnipro River basin.” Kharkiv. Ukr NDIEP, 1999, p.123.
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International Conventions and Agreements of Dnipro River Countries