EU Environmental Legislation Research Articles

Pro-Environmental Behaviour of EU Citizens

This article examines the pro-environmental behaviour of EU citizens and the potential connection with their attitudes towards common environmental legislation and environmental standards. It analyses factors of the pro-environmental behaviour of EU citizens and their attitudes towards EU environmental legislation and helping non-EU countries improve their environmental standards. The article uses cross-sectional regression analysis based on Special Eurobarometer survey. Respondents show a mostly positive view of EU environmental protection legislation and standards enforcement. Respondents with pro-environmental behaviour in their daily life are significantly more in favour to common environmental legislation and standards. Women, managers, and those interested in political affairs are more positive as well.

Gibraltar, Land Reclamation, the Environment and Brexit

The implementation of EU environmental legislation in Gibraltar will be analyzed in this Paper. An study strongly affected by the historical Anglo-Spanish dispute concerning sovereignty over Gibraltar (Rock and Isthmus), which also extends to the surrounding maritime spaces, the airspace over the territory and the internal waters of the port of Gibraltar. Since environmental matters are the responsibility of the Government of Gibraltar, this latter is also responsible for transposing environmental directives, whereas the UK is answerable to the EU for compliance with them.It also will be analyzed the lack of cooperation between the States, that is evidenced by the overlapping of spaces protected surrounding Gibraltar, as Sites of Community Importance (SCI) and Special Areas of Conservation (SAC), for which the adoption of conservation measures is envisaged, including regulation of fishing activity and navigation, environmental impact assessment of projects with transboundary effects that may derive from the practice of land reclamation (in accordance with the Environmental Impact Assessment Directive), pollution prevention, bunkering and scientific research. For several years, these activities have been challenged at the European level by the NGO ‘Campo de Gibraltar Verdemar-Ecologists in Action Association’, and have also been the subject of complaints and protests on the part of the Spanish Government to the UK.Finally, the effect of Brexit on marine environment protection and the expansion of maritime spaces around Gibraltar will be studied, specially the Spanish-British Memorandum of Understanding of 2018 on environmental cooperation which was referenced by the Protocol on Gibraltar included in the Agreement on the Withdrawal of the UK from the EU.

FORECASTING ECOLOGICAL STATE OF THE UDY RIVER CONSIDERING CLIMATE CHANGE IN KHARKIV REGION

Problem. An analysis of the ecological state of rivers in Kharkiv region shows that the limit for using their water resources has been reached. Methods for rationing anthropogenic load on water bodies, based on sanitation and hygiene regulations, do not allow assessing the possibility of using water resources with observation of the equilibrium state of aquatic ecosystems. Recent studies on the impact of climate change on the state of aquatic ecosystems have shown the urgency of the need for forecasting climate change and the ecological state of the Udy River for the purpose of improving the system of surface water quality management and its adaption to EU environmental legislation. Goal. The purpose of the article is to forecast the ecological state of the Udy River considering climate change in tKharkiv region for providing scientific substantiation of the water conservation strategy. Methodology. The Holt-Winters method has been used in the work. It provides an opportunity to predict time series when there is a trend and seasonality in the data structure. The advantage of this method is the ability to make a long-range forecast. Results. The assessment of the ecological state of the Siversky Donets River basin located in Kharkiv region has been carried out. It has shown that the Udy River running through village Khoroshevo and urban area Eskhar is in the worst state. According to the assessment of the ecological state of the Udy River basin in the Chuhuevsky district of Kharkiv region, which has been performed for the period from 1964 to 2015, the river is in poor state. The forecast of changes in rainfall until 2022 in Kharkiv region performed on the basis of observations for the period from 1969 to 2015 has shown a slight decrease in precipitation by 31.7 mm from 536.5 mm in 2015 to 504.78 mm in 2022. On the basis of the research on climate change in Kharkiv region and the ecological state of the Udy River in urban area Eskhar (1969-2015) it has been found out that climate change has a significant impact on the hydrological regime of the river. Originality. The quality prediction for the Udy River is presented in the article for the first time considering climate change by the Holt-Winters method. The analysis of the current and the projected state has revealed the need to implement an iterative approach to surface water quality management. Practical value. The projection data of the ecological state of the Udy River can be used as ecological component of the target indicators of the water conservation strategy.

“The Italian Job”: Approaching and Tackling Diffuse Soil Pollution in the EU and the Italian Context

Diffuse soil pollution is an example of damage caused by human activities and can be understood in the urban context as a combination of causes due to the presence of various and multiple sources of contamination, such as: car traffic, industrial activities and heating. Importantly, the steadfast expansion of city districts over time has brought either industrial activities to enclose residential areas or (although in a few cases) neighborhoods to envelop previously highly industrialized areas. In Italy, both phenomena represent a widely acknowledged reality, e.g., the municipalities of Taranto and Trieste. Yet, despite the widespread awareness of the impact of this form of pollution on natural resources and human health, EU environmental legislation depicts an overall picture of fragmentation and poor coordination. Thus, Italian local administrations are striving to devise appropriate methodologies and planificatory measures to bridge such regulatory gap and ultimately find an adequate and comprehensive solution to the problem.

Europe as a model for large carnivores conservation: Is the glass half empty or half full?

At first sight, the increasing trend of many large mammal populations in EU Member States are the results from successful application of EU environmental legislation. In this perspective a ‘rewilding’ Europe appears as a laudable conservation goal. It has been therefore suggested that the EU model of carnivores-humans coexistence could be of interest to several other regions of the Planet. In the present paper we critically review alleged successes of the EU conservation policies. Our conclusions suggest that some optimistic reports should be taken cautiously. Firstly, one should not lose sight of the heterogeneity of ‘Europe’ and the different histories and socio-ecological situations of the 28 Member States. Furthermore, we doubt whether the positive status of large carnivores in Eastern Europe is attributable exclusively to EU conservation policies. Long time spans necessary for demographic recovery in large carnivores sharply contradict the quite recent entry of these countries into the EU. The EU model is possible owing to the unique socio-economic development that Western Europe experienced after the Second World War. Economic growth, urbanization, rural abandonment and reforestation are the main forces behind the increase of large mammals in some areas of Western Europe. Yet this has been possible only through a considerable input of natural resources from outside EU (food, raw materials, oil, gas etc.). Therefore, although there are examples that could be considered good experiences, we are of the opinion that the EU policies as a general model is unlikely to be exportable world-wide and may have negative consequences for wildlife, even in Eastern Europe.

Recent Developments in eu Environmental Policy and Legislation

This section briefly describes the significant political initiatives and acts of legislation in the environmental field adopted in the period from September 2016 until March 2017.

Recent Developments in eu Environmental Policy and Legislation

This section briefly describes the significant political initiatives and acts of legislation in the environmental field adopted from December 2015 until September 2016.

The Commission’s Omission to Use Article 267 tfeu as a Tool to Enforce eu Environmental Law

The present contributions examines if and to what extent preliminary judgments by the Court of Justice were used as an enforcement tool and helped the full legal and practical application of eu environmental legislation. Looking at available data about the use of this procedure and at the enforcement practice of Member States and the eu commission it is concluded that neither the means of preliminary reference according to Article 267 nor the infringement procedure under Article 258 tfeu are systematically exploited for effective enforcement of eu environmental law. In particular, it becomes evident, that Commission does not assume its role as environmental law enforcement authority. It rather acts as an opportunist political body which sometimes takes into consideration the rule of law, but sometimes not.

Better Regulation’ with ‘Make it Work’: An assessment of the Make it Work’s Drafting Principles on Compliance Assurance

The ‘better regulation’ agenda developed as a follow-up to the 2000 Lisbon Strategy. Especially after the 2002 ‘Better Law-Making’ Communication, the subsequent initiatives on ‘better’ and ‘smart’ regulation have added to simplification a fairly strong emphasis on reducing administrative burdens. In the context of EU law, environmental legislation is considered one of the sectors that is suitable for simplification and a reduction of administrative burdens. While mainly focusing on the European Environmental acquis, the Better Regulation programme has highlighted on several occasions that the lack of simplification and the presence of burdens may actually derive from national (environmental) law. Led by the Netherlands, the United Kingdom and Germany, a group of about 14 member states created the so-called Make it Work (MiW) Project. This project is a form of international cooperation between states, but, at the same time, it aims at influencing the functioning of the European Union. Indeed, this network of states “wants to open an ongoing debate on how the clarity, coherence and structure of EU environmental legislation can be improved, making it simpler for Member States to implement and easier for businesses and others to comply.” The MiW Project works on the basis of topics, which are discussed in meetings presided by civil servants at ministerial level with expertise on the subject matter of the discussion. The main output of these meetings is the drafting principles on making EU environmental legislation smarter, both generally and for specific policies, tools and procedures. Given the limited space available for this article, only a selection of drafting principles is discussed in this article. In order to provide a context to this selection, an overall description of the MiW Guiding Principles of Compliance Assurance is given.

Recent Developments in eu Environmental Policy and Legislation

This section briefly describes the significant political initiatives and acts of legislation in the environmental field adopted from March 2015 until December 2015.*

Design of Roads in Harmony with Wildlife

‘Procedures for the Design of Roads in Harmony with Wildlife’ or ‘Harmony’ is a project that aims to develop sustainable solutions to road transport challenges that are in harmony with wildlife. This paper summarises Harmony's work in the areas of Environmental Legislation and Guidelines, Project Appraisal, and Procurement Practices. The project mainly focuses on practices in the eight reference countries of Ireland, the United Kingdom, Belgium, the Netherlands, Hungary, Austria, Sweden and Denmark.A review of Environmental Impact Assessment (EIA) and Appropriate Assessment (AA) is carried out. As part of this review, a database of over 80 Environmental Impact Statements (EIS) and Appropriate Assessment reports is analysed to identify the similarities and differences between countries in the implementation of the duties required by EU Environmental Legislation. It is found that the degree of implementation under the headings considered varies greatly between countries. It is concluded that increased guidance on monitoring be provided in all countries.Project Appraisal for transport infrastructure is the process of assessing whether capital expenditure is justified for a project and ensuring that it is allocated to the best transport solution to achieve the objectives of that project whilst complying with planning policy and national and EU legislation. The project appraisal methodologies used in the reference countries are compared with the aim of identifying a set of tools to enable rational and sensible decisions to be made. The approach used in the UK is recommended for adoption by all Member States.This paper then examines existing approaches to the procurement of road constructions in the reference countries. The different types of contracts used for procurement are described and the benefits and disadvantages of different contract types are discussed. Recommendations are then made as to which contracts are the most favourable for ensuring the environmental commitments of the Environmental Impact Statement are carried out. Early contractor involvement as well as construction contracts that incorporate maintenance, with monitoring, for an extended period afterwards were cited as key recommendations to ensure a good outcome for wildlife.

Modern Technologies of Treatment and Stabilization for Sewage Sludge from Water Treatment Plant

Abstract In this paper we propose to make an overview of modern technologies for sewage sludge treatment collected from municipal wastewater treatment plants. The topic became important in juncture of fast growth of water supply and sewerage networks and higher water consumption. In the same time substantial changes in the Romanian legislation have been made in order to become harmonized with EU environmental legislation. Whatever water treatment technology is used there are certain methods to settle the obtained sludge: thickening, dewatering, stabilization, conditioning, thermal sludge reduction. Integrated Pollution Prevention and Control concept is the base of European regulations, also defined by the best available technique adopted for sewage sludge treatment that make possible a better management of achievable emission values/ performance rate concerning sludge quantities obtained connecting with greenhouse gas emissions, as well as the extension of treated sludge utilization in agriculture, forestry, soil amelioration, energy recovery. Some of those technologies could be considered new in Romania facing the reality of sewage sludge disposal settlement. Some technologies as e.g. for sludge stabilization and conditioning need previous treatments of sludge as dewatering or thickening. Therefore, for environmental reasons we focus on the following sludge treatment methods: composting, biodigestion and incineration/co-incineration.

The Proceduralisation of EU Environmental Legislation: International Pressures, Some Victories and Some Way to Go

The Proceduralisation of EU Environmental Legislation: International Pressures, Some Victories and Some Way to Go

Recent Developments in eu Environmental Policy and Legislation

This section briefly describes the significant political initiatives and acts of legislation in the environmental field adopted from November 2014 until March 2015.

Recent Developments in eu Environmental Policy and Legislation

This section briefly describes the significant political initiatives and acts of legislation in the environmental field adopted from June until November 2014.

Coping with EU Environmental Legislation--Transposition Principles and Practices

A ‘burden reducing’ agenda has spurred an increased interest in how EU environmental legislation is transposed into national legislation—most prominently reflected in the principle of ‘no gold-plating’. Yet, an important question is to what extent transposition principles and practices may ensure a coherent and accessible body of environmental legislation, while at the same time ensuring adequate transposition of EU environmental legislation. This article analyses the existence, or emergence, of transposition principles and practices in three Member States—the United Kingdom, the Netherlands and Denmark. It also examines how EU initiatives may influence these principles and practices. The article concludes that the steering of transposition processes by general transposition principles and objectives alone, and in particular those dominated by a ‘burden reducing’ agenda, has a limited focus on coherence and accessibility with respect to environmental legislation and that such issues deserve more attention in the transposition process.

Simplifying eu Environmental Legislation – Reviewing the eia Directive?

The recent review of the eia Directive was launched as part of the ‘better regulation’ agenda with the purpose to simplify procedures and reduce administrative burdens. This was combined with an attempt to further harmonise procedures in order address shortcomings in the Directive and to overcome implementation gaps in the Member States. Yet, the result illustrates the difficulties of reconciling simplification and harmonisation considering also the need for flexibility at Member State level. Despite some elements of harmonisation and potential simplification the revised Directive leaves room for different interpretations on core issues. This is likely to result in diverging practices in the Member States as well as in further litigation on eia matters. It is argued that at least from the outset the review of the eia Directive missed out on a more thorough discussion of fundamental issues linked to the character and scope of eia such as the important distinction between the procedural functions of information gathering and participation as opposed to the substantive outcomes in terms of reducing or avoiding adverse effects. A careful discussion of the basics of eia might have provided a better option for reconciling the objectives of simplification, harmonisation and flexibility rather than lumping everything together as simplification under the ‘better regulation’ label.

Recent Developments in eu Environmental Policy and Legislation

This section briefly describes the significant political initiatives and acts of legislation in the environmental field adopted from February until June 2014.

Recent Developments in eu Environmental Policy and Legislation

This section briefly describes the significant political initiatives and acts of legislation in the environmental field adopted from December 2013 until February 2014.

Reconciling fisheries and habitat protection in Romanian coastal marine protected areas

The extension of the Natura 2000 European ecological network to the Romanian marine territory (1 site according to the Birds Directive requirements and eight sites according to the Habitats Directive requirements, one also being a natural reserve and one part of the Danube Delta Biosphere Reserve) might cause conflicts between the Romanian marine fishery and these sites. In order to minimize such conflicts, the evaluation of the interaction between fishery and the preservation objectives of the Natura 2000 sites is compulsory and extremely important. The assessment of the environmental impact is a key tool of the EU environmental legislation, which is used in evaluating the effect of human activities on the ecosystem. In addition, the involvement of all interested stakeholders in the development of the fishery on the Romanian littoral and in environmental protection will be the key to success in finding viable co-management solutions in the Natura 2000 sites. The present paper aims to examine how the fisheries interact with the marine environment on the Romanian coast in the network of marine protected areas.