Tina Garrity looks at the EC's vision for encouraging businesses to be 'environmentally friendly.'

When proposals for a sixth EU environmental action programme were published in late January, they promptly received an unenthusiastic response from environmentalists. Entitled "Environment 2010: our future, our choice" the programme concentrates on long-term objectives rather than immediate, fixed targets. It focuses on the implementation of existing laws and the development of voluntary agreements, rather than on the creation of new legislation.

IMPLEMENTATION OF EXISTING LEGISLATION
In its communication on the proposed new programme, the Commission confirms its commitment to launching infringement procedures against member states who do not comply with EU legislation. This will be reinforced by a "name, shame and fame" strategy, involving the publication of an "implementation scoreboard" for key directives, and publicity for cases where implementation has been successful and which could hold lessons for other countries. Action on environmental crime would be stepped up and the current IMPEL best practice exchange network would be continued and extended to include the accession candidate countries.

BROADENING THE RANGE OF INSTRUMENTS
The Commission states that it wants to work with businesses to encourage, rather than coerce them into protecting the environment. In a chapter entitled "Encouraging the market to work for the environment" the communication looks at the use of environmental taxation as the way forward. To overcome industry fears about losing competitiveness due to national taxation schemes, a harmonised approach at Community level is envisaged. The Commission appears to be still determined to get its controversial energy products tax introduced.

The programme promises economic incentives for environmentally friendly products and the development of guidelines for companies making environmental claims. One area the Commission wants to tackle is public procurement, developing guidelines to help businesses and local authorities establish systems of green procurement practices. It may also consider imposing an obligation to conduct an environmental impact assessment of the different alternatives available to the contracting authorities before purchasing.

Also envisaged is a "compliance assistance programme" including: guidelines on complying with different legislation; "notebooks" on best practice and cleaner technology; the development of an environmental services vendor directory; and environmental management software which can be downloaded from the internet. The Commission will also consider developing technology fairs and technology inventories on the internet. Small and medium-sized enterprises (SMEs) will be the main target audience for this assistance programme, which may include a scheme to encourage SMEs to self-audit their compliance. Member states could be encouraged to streamline their permitting and reporting procedures for those accredited under the scheme. Environmental performance reward schemes for companies could be developed as an added incentive.

ENVIRONMENT AND HEALTH
Action on the key sectors of the environment is described under the heading "Environment and health", and the following environmental health objective is set: "To achieve a quality of the environment where the levels of man-made contaminants, including different types of radiation do not give rise to significant impacts on, or risks to, human health".

WATER, AIR AND NOISE
Much of the work needed to achieve EU clean water objectives has already been done, suggests the Commission, so the focus now will be on implementation and integration of water quality objectives into other policies. Work will continue on updating the bathing water directive and on developing the water framework directive (EHJ, February, page 66). Likewise, it claims that much has already been achieved for air pollution, although it accepts there is a need for more work on particulate and ground level ozone. National air quality programmes will be reviewed and indicators and information for the public will be improved. Indoor air pollution is recognised as a problem but no concrete action is promised as yet. In the noise arena the following long-term objective is proposed: "To achieve reduction of the number of people regularly affected by long-term high noise levels from an estimated 100 million people in the year 2000, by around 10 per cent in the year 2010 and by 20 per cent by 2020". There will be no top-down targets for this but rather actions that could reduce noise levels at the local level. The only action actually proposed is to continue work on the draft environmental noise directive (EHJ, October 2000, page 342).

WASTE
The chapter on waste talks grandly of de-coupling resource use from economic growth through improved resource efficiency, dematerialisation of the economy and waste prevention. To achieve this, a Community thematic strategy on the sustainable use of resources, especially non-renewables, is envisaged. This involves the identification of criteria for setting priorities and the identification of resources of most concern, followed by the identification and implementation of specific policy measures to reduce consumption of resources. Two main targets are set:

• to reduce the quantity of waste going to final disposal by around 20 per cent by 2010, compared with 2000, and in the order of 50 per cent by 2050; and
• to reduce the volumes of hazardous waste generated by around 20 per cent by 2010, compared with 2000, and in the order of 50 per cent by 2050.

In achieving these targets the Commission says it wants to improve local authorities' involvement in the preparation of legislation and to support the exchange of experience and best practice among them. On the legal front, there will be a revised directive on sludge and an initiative on biodegradable wastes, as well as a recommendation on construction and demolition wastes.

CHEMICALS
A new system for the risk assessment and risk management of chemicals with clear target dates and deadlines is envisaged, starting with high production volume chemicals and those of particular concern. Recent moves to speed up the re-authorisation process for existing pesticides will continue and the Commission will consider banning the export of the problematic ones. A code of good practice on pesticide use and a Community thematic strategy on the sustainable use of pesticides are promised.

CLIMATE CHANGE
Action on climate change will be based on the results of the European Climate Change Programme, launched last year (at Kyoto the EU promised an 8 per cent reduction in emissions by 2008 - 2012, compared with 1990 levels). The programme envisages the usual initiatives such as voluntary agreements, integration into other EU policies, research, provision of information to citizens, promotion of energy saving and so on. The emissions trading scheme proposed recently is seen as a major plank in the programme, but there will also be legal support for renewable energy, an inventory of energy subsidies in the member states and specific action on aviation emissions if there is no international agreement by 2002. To help prepare for the actual effects of global warming, the Commission will support the development of regional climate modelling and assessment tools and engage in awareness raising with citizens and businesses.

Other initiatives proposed

• green paper on urban transport;
• development of best practice guidelines and an information exchange website for architects, planners etc on urban planning and sustainable cities;
• extension of the Seveso directive to cover accidents involving pipelines and mining;
• review of the need to protect animals and plants from ionising radiation;
• a thematic strategy for soil protection supported by EU research programmes;
• a new strategy for marine protection; and
• reinforcement of controls on monitoring, labelling and traceability of GMOs.

BETTER REGULATION
The Commission argues that today, the main sources of pollution lie in manifold economic activities and in consumer behaviour, rather than in the traditional industries. This limits the scope for solving problems through simple command-and control approaches. Legislation should try to set high standards but aim at regulating results or outcomes rather than be prescriptive in the means for achieving goals. It firmly believes that alternatives to traditional regulation such as voluntary commitments can improve the ability of business to innovate and change. The European Environmental Bureau has expressed its disappointment at this approach. It says that while there are some good points, the document lacks an overall ambitious and visionary tone and a commitment to leadership.

Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on the sixth environment action programme of the European Community - "Environment 2010: our future, our choice".
http://europa.eu.int/comm/environment/newprg/index.htm

Forum question: The use of voluntary commitments as a method of encouraging buisnesses to protect the environment is the most credible alternative to traditional command-and-control regulations. Would you agree with this, or is there a general lack of compliance without prescriptive legislation?