Section 2.7 - The Sixth Environmental Action Programme and its Thematic Strategies
The 6th Environmental Action Programme
Unlike the previous environmental action programmes which were merely political statements of intent, the 6th Environment Action Programme (6EAP) takes the form of a Decision (Decision No 1600/2002/EC, hereafter '6EAP Decision'), adopted jointly by the Council and the European Parliament under the ‘co-decision’ procedure (see
section 2.6). Proposed by the Commission in January 2001, and adopted in July 2002, it is the result of a formal inter-institutional decision-making process embodying a commitment of all three institutions. It consists of a Decision comprising just twelve Articles, and focuses on the following four key ‘Priority Issues’:
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Climate Change
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Nature and Biodiversity
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Environment, health and quality of life
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Natural resources and wastes
These priority issues also represent the environmental objectives of the overarching EU Sustainable Development Strategy (see
Section 3.1), which the 6EAP is intended to deliver. The Programme also outlines a limited number of cross-cutting ‘strategic approaches’ to environmental policy making. These include:
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Integrating the environment into other EU policies;
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Working closer with the market via businesses and consumers;
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Empowering and influencing individual citizens, through better environmental education, information, and opportunities for participation;
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Promoting integrated spatial planning, especially in relation to urban and
coastal areas;
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Better research, data, indicators, assessments and evaluations to secure more effective policies.
Thematic Strategies as a new approach to policy development
A major innovation of the 6EAP is the introduction of the Thematic Strategies as a second-order, more specific programming instrument under the overall umbrella of the Programme and a means of ‘consider[ing] the range of options and instruments required for dealing with a series of complex issues that require a broad and multi-dimensional approach’ (6EAP Decision, Recital 16). In its Communication on the 'Global Assessment' of the 5th Environmental Action Programme (5EAP), the Commission announced that the next programme ‘would set general objectives that will need to be translated into quantifiable targets to steer the development of both environmental measures and the strategies in the economic sectors.’ (COM(1999)543, p. 25) In its actual proposal for a 6EAP (COM(2001)31), the Commission indeed focused on general objectives, and, with a few exceptions, refrained from proposing any quantifiable targets. Some targets (e.g. for waste prevention and noise reduction) are mentioned in the introductory Communication, but omitted from the proposal for a decision.
Effectively, this Communication suggested that the target-setting process be deferred until after the adoption of the 6EAP, in ‘thematic strategies’ to be elaborated later for a range of priority issues. In these strategies, the targets themselves ‘will be determined on the basis of sound scientific and economic cost-benefit analysis and on open dialogue and consultation with the various parties concerned.’ After considerable debate, this approach was largely endorsed by the Council and the European Parliament in the 6EAP Decision, which contains only a few quantified targets but provides that the Thematic Strategies ‘may include … relevant qualitative and quantitative environmental targets against which the measures foreseen can be measured and evaluated.’ (Art. 4(2) – emphasis added)
Thus, the Thematic Strategieswere introduced in Article 4 of the 6EAP Decision as one of the main tools for implementing the Programme. Overall, the 6EAP provides for Thematic Strategies to be drawn up for seven themes: air pollution, waste recycling and prevention, marine environment, soil protection, sustainable use of pesticides, sustainable use of resources and urban environment. However, not all ‘key environmental priorities’ are to be addressed by Thematic Strategies. The 6EAP still includes quite a few objectives and actions that fall outside the scope of these strategies and for which the programme itself is considered to provide sufficient guidance.
According to the 6EAP, Thematic Strategies ‘should include an identification of the proposals that are required to reach the objectives set out in the Programme and the procedures foreseen for their adoption.’ (Art. 4(1)) In other words, these Strategies were originally envisaged not as an end in themselves, but as a mere framework for the selection, development and subsequent adoption of a set of discrete measures. In the case of those Thematic Strategies that do not include proposals for any legislative measures, but instead focus on formulating recommendations for national action and soft forms of cooperation at EU level, a tendency has developed to view these Strategies as proper policy instruments in their own right, hence as policy outcomes rather than as a basis for further, more specific proposals.
At any rate, the Thematic Strategies represent a radically new approach to policy development. Since they are focused on cross-cutting environmental issues and problems, rather than sectors (as in the 5EAP), they have had to address difficult issues of horizontal integration (between sectors) and vertical integration (between levels of government). Accordingly, they have been developed through a network of working groups involving a range of Commission Directorates-General (DGs) and Member State experts as well as stakeholders, albeit to a varying degree. This sharing of responsibility for developing the EU’s environment policy has probably broadened the sense of 'ownership' of the policy throughout the Commission services, but, at the same time, the protracted search for consensus has required a significant dilution of environmental ambitions.
Though the 6EAP provides that the Thematic Strategies were to be presented to the European Parliament and the Council within three years of its adoption, this deadline has not been met for any of them. The delays in the policy-making process compromise the prospect of actually achieving the objectives of the 6EAP, all the more so since the programme provides that initiatives to this end should have been presented at the latest four years after its adoption, i.e. by the end of July 2006.
One reason for the delay has been the concern of Commission President Barroso and Vice President Verheugen that the Thematic Strategies would increase industrial costs and damage the EU’s global competitiveness. As a result, in late July 2005, Environment Commissioner Dimas was obliged to defend the strategies – in effect the entire future of the EU’s environment policy – in front of his Commissioner colleagues. As a consequence of the political debate and subsequent decision-making process within the Commission, the detailed definition of specific objectives and measures, which was originally intended to be the primary purpose of the Thematic Strategies, was often abandoned, further postponed, or left to the Member States. This happened notwithstanding Article 4(2) of the 6EAP Decision, which refers to the inclusion of ‘relevant qualitative and quantitative targets and timetables against which measures foreseen can be measured and evaluated’.
The seven Thematic Strategies
Following the adoption of the 6EAP, the seven Strategies were developed through a protracted policy-making process (although in the case of CAFE work had begun in advance), in each case including the release of ‘Towards a Thematic Strategy’ Communication from the Commission and, often extensive, stakeholder consultation, and eventually the adoption of the actual Thematic Strategy document by the Commission. All seven strategies were due to be published by 22 July 2005, although none met this deadline (see
Figure 2.1.4). The first Thematic Strategy – Clean Air for Europe (CAFE) - appeared in September 2005, followed by the Marine Strategy in October 2005, the two strategies covering natural resources and waste in December, the Urban Strategy in January 2006, the Pesticides Strategy in July and finally the Soil Strategy in September 2006.
Thematic Strategy on air pollution The Thematic Strategy on air pollution (COM(2005)446), was submitted to the Council and the European Parliament on 21 September 2005, i.e. more than three years after the adoption of the 6EAP. It was however the first Thematic Strategy to be published by the Commission. The air quality Thematic Strategy was developed through the Clean Air for Europe Programme (CAFÉ). The Commission established five working groups to oversee the preparation of the various elements of the Strategy. Over 100 stakeholder meetings were held during the CAFE process. In addition, there was a two-month open web-based consultation on the contents and objectives, receiving over 11,500 responses.
The Strategy sets out actions that it claims will reduce the number of premature deaths in 2020 by 140,000 compared to 2000. To enable this target to be achieved it is highlighted emissions of sulphur dioxide will have to decrease by 82 per cent, the oxides of nitrogen (NOx) by 60 per cent, volatile organic compounds (VOCs) by 27 per cent and primary fine particulates (now defined as PM2.5) by 59 per cent relative to 2000.
Firstly, the Thematic Strategy proposes to streamline existing EU air quality legislation and merge five legal instruments into a single Directive. That is why the Commission published the proposal for a Directive on Ambient Air Quality and Cleaner Air for Europe (COM(2005)447) alongside the Strategy. Secondly, the Strategy aims to introduce new air quality standards for fine particulate matter (PM2.5) in air. Thirdly, the Strategy proposes to amend the National Emissions Ceiling (NEC) Directive (2001/81/EC). Finally, the Thematic Strategy is to be implemented through the integration of air quality concerns into other policy areas. Policy areas emphasised are: energy, transport, agriculture and structural funds.
So far progress in implementing the Strategy through specific Directives and through the integration of air quality concerns into other policy areas has been slow. The Directive on ambient air quality which streamlines the existing air quality legislation was only formally adopted by the European Parliament and Council on 1 April 2008. Moreover, the publication of a proposal for a new NEC Directive has been delayed as the need for coordination with climate and energy policy proposals has prolonged the process. The NEC proposal is now expected in June 2008. The integration of air quality concerns in energy and agricultural policies appears to be very weak. By contrast, efforts to integrate air quality concerns in transport policies seem to be stronger.
Thematic Strategy on the marine environment The second Thematic Strategy to be published by the Commission was the Strategy on the marine environment (COM(2005)504). The Strategy was released on 24 October 2005 after a consultation process marked by two stakeholder conferences, one at the start and one at the end of the process. The overall objective of the Thematic Strategy is ‘to protect and restore Europe’s oceans and seas and ensure that human activities are carried out in a sustainable manner so that current and future generations enjoy and benefit from biologically diverse and dynamic oceans and seas that are safe, clean, healthy and productive’. The Marine Strategy is also destined to contribute to the broader aim of developing a new overall EU Maritime Policy.
The Thematic Strategy is to be taken forward through new legislation, rather than revisions of existing law. The Marine Strategy Directive (MSD) proposed by the Commission in parallel with the Strategy, aims to achieve ‘good environmental status’ in the marine environment by 2021 at the latest. This is to be achieved through the development and implementation, by each of the relevant Member States, of one or more marine strategies for their territorial waters. Member States’ marine strategies are to include a programme of measures to achieve good environmental status. Programmes of measures should be based on an ecosystem approach, and may include any of a number of approaches set out in an annex. These include ‘spatial and temporal distribution controls’, i.e. management measures that influence where and when an activity is to occur; and management co-ordination measures to ensure that different sectoral measures at different institutional levels are coordinated. The MSD has been adopted by Parliament and Council on 14 May 2008. The timetables and targets contained in the new Directive are best described as semi-quantitative in that the quantitative elements are largely to be developed by the Member States as they characterise marine waters and develop programmes of measures to deliver ‘good environmental status’.
The proposed MSD contains timetables and targets. However, these are best described as semi-quantitative in that the quantitative elements are largely to be developed by the Member States as they characterise marine waters and develop programmes of measures to deliver ‘good environmental status’. The proposed MSD is still being debated by Parliament and Council.
Thematic Strategy on the prevention and recycling of waste The Thematic Strategy on the prevention and recycling of waste (COM(2005)667) was adopted on 21 December 2005 alongside a proposal for an amended Waste Framework Directive. Contrary to the concept of the 6EAP, which envisaged two different strategies – one for waste prevention and management and another for waste recycling – only one strategy covering waste prevention and recycling has been issued. The Thematic Strategy is based on extensive consultation with stakeholders and concentrates on the issue ‘waste as a resource’.
The Thematic Strategy inter alia aims to analyse and assess EU waste policy, simplify and clarify the current legal framework in line with the EU’s better regulation objectives and aims to set objectives and outline the means by which the EU can move towards improved waste management (especially through waste recycling and more generally recovery) and waste reduction.
Therefore the Thematic Strategy proposes amongst others to modernise the Waste Framework Directive (as codified in 2006), to incorporate the life-cycle approach in EU legislation, to clarify Member States’ obligations to develop waste prevention programmes, to set minimum standards for recycling activities and recycled materials, to seek new ways to foster recycling, to encourage the diversion of biowaste from landfills and to revise the Sewage Sludge Directive (86/278/EC). The proposed Waste Framework Directive is still being debated by Parliament and Council. Final adoption of the Directive is expected for the end of 2008. As regards the revision of the Sewage Sludge Directive the Commission has not yet made a proposal and is not expected to do so in the near future.
Thematic Strategy on the sustainable use of natural resources The Thematic Strategy on the sustainable use of natural resources (COM(2005)670), which was adopted on the same day as the waste Thematic Strategy, is intended to provide a way forward to develop future policies in this area ultimately aiming to ‘reduce the negative environmental impacts generated by the use of natural resources in a growing economy’. It aims in particular to decouple economic growth from negative environmental impacts and is conceived as a long-term strategy laying the foundations for the next 25 years. It highlights the importance of taking a lifecycle approach to policy making and how this might be achieved. While not proposing any concrete policy measures at EU level it does ask Member States to produce national strategies to address this issue.
The Thematic Strategy provides for the establishment of a Data Centre for policy makers to enhance and improve the knowledge base on resource use and its environmental impacts. It also aims to develop indicators (e.g. eco-efficiency indicators) and proposes that each Member State develop national measures and programmes on the sustainable use of natural resources. At the international level, the Thematic Strategy suggests setting up an International Panel on the sustainable use of natural resources in cooperation with UNEP and possibly other international partners.
The Thematic Strategy does not include quantitative targets for the reduction of resource use and improvement of resource efficiency. No concrete targets have been formulated at EU level to decouple economic growth from resource use. The Strategy merely asks the Commission to develop a database and criteria to measure and assess resource use. The Thematic Strategy does not commit to reducing resource consumption, yet it states that for renewable resources the use has to remain below the threshold of overexploitation. While the 6EAP called for a strategy to include the development and implementation of a broad range of instruments, the Thematic Strategy clearly fails to meet these objectives since it merely provides a general framework for possible future action.
Thematic Strategy on the urban environment The Thematic Strategy on the urban environment (COM(2005)718) was adopted on 11 January 2007. The aim of this strategy is to 'contribute to a better implementation of existing EU environmental policies and legislation at the local level by supporting and encouraging local authorities to adopt a more integrated approach to urban management and by inviting Member States to support this process and exploit the opportunities offered at EU level'. The main mechanisms for delivering this are through the provision of recommendations, guidance and the dissemination of best practice, training and information about funding and research. The key measures put forward include:
- A recommendation for the development of integrated environmental management at the local level and technical guidance to be produced in 2006;
- A recommendation for the development of sustainable urban transport plans and technical guidance on plans to be produced in 2006;
- Offering support for the exchange of good practice and for demonstration projects on urban issues for local and regional authorities through LIFE+, the Cohesion Policy and Research Framework Programme;
- Assessing the feasibility of developing a thematic web portal for local authorities to access relevant research, funding and guidance from the Commission;
- Using LIFE+ and the European Social Fund to support capacity building on urban management issues;
- Encouraging the use of Cohesion and Structural funds to address environmental priorities in urban areas such as waste management, air quality, public transport, energy efficiency and the rehabilitation of contaminated land.
The Thematic Strategy is largely descriptive in nature and only operative in a few parts, e.g. in the provision of support for best practice exchange. The Thematic Strategy neither identifies concrete proposals that are required to reach the objectives set out in the 6EAP, nor specific targets and timetables, as generally recommended in the 6EAP.
Thematic Strategy on the sustainable use of pesticides The Thematic Strategy on the sustainable use of pesticides (COM(2006)372) was adopted in July 2006. It was developed in close consultation with stakeholders. Next to the traditional consultation exercise launched in July 2002, the Commission organised a conference with representatives all stakeholder groups in November 2002. The Strategy, like the other Thematic Strategies, is short and general. It aims to find a balanced and sustainable approach to the use of pesticides, reducing environmental and health risks whilst maintaining crop productivity, and improving controls on their use and distribution. Along with the Thematic Strategy, the Commission published two legislative proposals. Additional legislative proposals related to the Pesticides Thematic Strategy are planned.
Neither the Thematic Strategy, nor the proposal for a Framework Directive accompanying it, include quantified environmental targets to be achieved by Member States across the EU. Instead they propose to delegate the target-setting process to the Member States themselves, by mandating the adoption, at the national level, of action plans setting out appropriate targets to achieve the generally worded objective of reducing hazards and risks from, and dependence on, pesticides. However, the proposed Directive is still under consideration by the European Parliament and Council and will certainly not be adopted in 2008. The same holds for the other legislative proposal published alongside the Thematic Stategy, ie the proposal for a Regulation on the placing of plant protection products on the market.
Thematic Strategy on soil protection The Thematic Strategy for Soil Protection (COM(2006)231) was published on 22 September 2006, being the last of the seven to be published. The Strategy was developed in close cooperation with stakeholders, with much higher levels of engagement than under some of the other six Strategies. The Strategy is primarily dedicated to explaining the content of the accompanying proposal for a framework Directive (COM(2006)232), the key implementing measure for the Strategy, but contains limited detail in terms of defining the problem, issues associated with soil, the existing policy framework and future action. The proposed Directive is in fact the Commission’s first ever legislative proposal aimed at dealing explicitly with the preservation of soil functions, the prevention of soil degradation and the mitigation of its effects, the restoration of degraded soils and the integration of these principles into other sectoral policy. The decision-making process here is slow too. In fact the Council did not manage to reach political agreement on the proposal in December 2007. Since the Commission apparently has no intention to withdraw proposal, it will be up to a future Presidency to reopen the debate. However, it is not expected to happen before the end of 2008.
The Strategy does not contain any specific quantitative targets relating to soil protection, although a list of qualitative objectives and actions is included. The actions set out are, however, often vague, with few novel developments that can be directly attributable to the development of the Strategy, or are merely suggestions or recommendations that Member States take into account soil issues when developing policy or that the Commission monitor the integration of soil issues.
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