Memorandum by Directorate-General Environment,
European Commission
1. The framework for environmental policy-making
in the European Union is set out in the Sixth Environment Action
Programme (6th EAP). It was adopted in 2002. Adoption was preceded
by a wide public consultation which had been launched by the Commission
in 1999. The 6th EAP identifies four priority areas (climate change,
nature and biodiversity, environment and health, natural resources
and waste), defining the objectives and actions to be undertaken.
A recent mid-term review the 6th EAP confirmed its validity.
2. Based on medium-term strategic objectives,
the Commission sets its goals through a Strategic Planning and
Programming (SPP) cycle, culminating in an annual Commission Legislative
and Work Programme (CLWP) which is further translated into operational
form by Annual Management Plans in each Directorate General, including
Environment.
3. In the context of the renewed "Lisbon
Strategy", the Commission aims through "better regulation",
to reduce administrative burden and ensure clear, understandable
and up-to-date legislation. An example is the Directive on Industrial
Emissions, adopted by the Commission in December 2007, which draws
seven pieces of legislation into a single, simplified form.
4. Impact assessments are required for practically
all new legislation. The aim is to assess the economic, social
and environmental impact of policy proposals.
5. The Better Regulation strategy reinforces
dialogue between stakeholders and regulators both at the EU and
national levels. For its part, the Commission consults regularly
with businesses, regional and local authorities, NGOs and academics
when elaborating its policies. Consultation papers, communications,
expert groups, workshops and forums are commonly used. Often,
a consultation takes place in several stages during the preparation
of a proposal. A current example is a Green Paper on Adaptation
to the effects of climate change, published in 2007 to be followed
by a White Paper in autumn 2008. The Environment Directorate-General
liaises regularly with directors in the national ministries of
the Member States in the fields of water, waste and nature protection.
6. Environment policy-making and revision
result from the continuous gathering, processing and analysis
of new and emerging research and information. Sources typically
include data resulting from studies commissioned for specific
purposes; statistics and analysis of trends on the state of the
environment from the European Environment Agency; information
from international bodies in which the Commission plays a role,
such as the World Health Organisation, the OECD and other more
specialised international negotiations to which the EC and Member
States are party.
7. The Conclusions of the European Council
and the European Parliament regularly ask for action by the Commission
on specific policies. And the Commission subsequently works on
developing the appropriate policy response.
8. Individual Member States largely define
the agenda-setting and the prioritisation of initiatives, notably
during their period in the chair as president of the Environment
Council.
9. The Commission formally consults the
Economic and Social Committee and the Committee of the Regions
on a range of issues defined in the EC Treaty. In certain cases
consultation is mandatory while in others it is optional. The
views of the Economic and Social Committee are sometimes channelled
via exploratory opinions. They reflect, in their areas of competence,
interesting contributions on specific environment-related subjects.
10. Judgements by the European Court of
Justice are taken fully into account in the (re)definition of
proposals.
11. The views, concerns and expectations
of the European Parliament (EP) are channelled to the Commission
through hearings, oral and written questions to the European Commission
and Resolutions which feed into the further development of initiatives
and proposals.
12. The views of the Member States, expressed
both formally and informally, are taken fully into consideration.
Formal dialogue between the Commission and the Council takes place
during the co-decision procedure since the Council is one of the
co-legislators. Informal dialogue is important throughout the
entire legislative process and particularly so in the process
of defining policy. Informal contacts can take many forms. High-level
officials from the ministries of the Member States are frequent
visitors to the Environment Directorate-General. This facilitates
a constant flow of information between the Community and national
administrations and other groups which then can feed into the
proposals of the Commission. Also, the Directorate-General has
a significant number of national experts seconded by their national
ministries to Brussels for a certain length of time, typically
two to three years.
13. Since 2006, national parliaments can
transmit their views via opinions sent to the European Commission
on policy documents such as green papers or white papers. Recently,
the ship dismantling and the climate change adaptation green papers
have attracted the keen interest of national parliaments.
14. The Commission is an "open"
institution. Ideas are sought and developed with input from a
broad range of parties likely to be affected by the policy under
development, including expert forums, regional and local government
representatives, key business and interest groups, scientific
networks and individuals. This complements input from formal bodies
such as the European Council, the sectoral Councils and comitology
committees. Eurobarometer surveys conducted on behalf of the European
Commission serve as a valuable tool for examining public opinion
on a large number of issues related to the EU policy-making.
15. Climate policy is a typical example
of a current ongoing policy development. It is widely acknowledged
as a global issue that requires global leadership. At this time
the EU offers such leadership, providing the critical mass necessary
to ensure successful promotion of EU policy positions. The climate
change policy proposals and strategies developed by the European
Commission are those required to reach the objectives already
agreed at EU level. It is also important to define fair and viable
climate policies which avoid creating distortions in the internal
market in the EU. All policy proposals by the Commission are solidly
underpinned by intensive impact assessment and economic modelling
work that are at the cutting edge of climate science.
18 April 2008
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