sou · GWB348EN · 2009-01-01 00:00:00 — According to this focus, these norms are to work as a driver of integration.12 European cooperation has numerous compulsory elements as a result of the supranational policy areas within the first pillar, which are based on EC law. These concern, among other things, the internal market, competi- tion, trade, agriculture, fishing and the environment. This descrip- tion gives a somewhat simplified picture of how European coop- eration works, however. Within the policy areas, parallel processes occur in which the policy is constantly changing as a result of negotiations between member states. However, research has sel- dom been able to show that norms other than those based on the real self-interests of the countries have been able to determine how 12 See e.g. Aspinwall & (2000) Same menu, separate tables: the institutionalist turn in political science and the study of European integration. 2000(38):1. policy areas are formulated. In this context, Com- mission is often seen as a functional institution to develop com- munity policy and remind countries of its importance. The Com- mission therefore constantly defines EU policy whilst the member states are tempted to put national interests first, and thereby risk undermining the fulfilment of this policy. Policy is shaped more in these intergovernmental negotiation processes than via the objec- tives and guidelines formulated by the Commission. It is hence often possible to notice considerable discrepancy between expressed policy and policy that is actually pursued within the EU. This picture shows the limited opportunities of being able to influence the development of EU cooperation. There are research- ers, however, who believe that the EU can slowly change as a result of openings emerging in Member States influence and that in the situation or process the opening constitutes, the Commission can influence decision-making by cementing supranational rules, prin- ciples and norms.13 According to this theory, four factors explain what causes these openings. It is first and foremost a question of autonomous action from the Commissions side by resisting national interests. It is also a question of the limited time horizons of decision-makers. There have been several cases where unpre- dicted long-term institutional consequences have occurred as a result of short-term political action. National preferences can also change, as a result of e.g. a change of government. The theory also points to the importance of specific decision- making occasions to bring about change. In a European context, a window of opportunity may be opened, for example, when the Commission is paving the way for a new policy whilst more or less random happenings occur simultaneously in the national arena. Countries that, for example, undergo a change in government and therefore do not have a long-term position in a particular issue at the time when a decision is being taken can (at least temporarily) be weakened and hence leave room for other leading countries, coalitions or the Commission. Decision-making occasions can also constitute a strategic point when several issues and matters coin- cide. These are just a few examples of factors that may lead to political breakthroughs in complex issues. 13 Pierson (1996) The to European integration: a Historical Analysis. Comparative Political Studies 1996:29(2). A clear-cut example of how the above limitations from a political point of view have influence the outcome of a political decision- making process is the problem of eutrophication. Here, the abovementioned factors, i.e. the political logic, the political game rules, countries political interests and preferences, uncertainty factors in decision-making processes and the special logic of Euro- pean cooperation, have influenced the process and the outcome to a varying degree. There are currently no global agreements on emissions of eutrophying substances despite the fact that these are perhaps the most important source of pollution in sea areas. Within the framework of HELCOM and OSPAR, several agreements on reduced emissions of eutrophying substances have been concluded over the last twenty years or so. At the in 1987, it was decided that nutrient emissions to the North Sea were to be reduced by by 1995. This objective was never achieved. Within HELCOM, another decision was made to reduce nitrogen inputs to the Baltic Sea by between 1985 and 1995, later extended to 2005. Within HELCOM and OSPAR, parties to the conventions have been given the responsibility for adopting the necessary legislation on the national level and implementing it. The majority of the states in these two sea areas are also members of the EU, and enforcement of their similar legislation and regulations could be expected to produce similar results in each Member States environ- ment. The reality is very different, however. The different levels of ambition of states have clearly influenced the outcome of environmental protection initiatives. Yet another initiative to reduce eutrophication in the sea areas was taken by the Swedish Government when it began work on the HELCOM Baltic Sea Action Plan (BSAP) in 2005. This action plan puts special focus on reducing nitrogen and phosphorus emis- sions by defining specific emission ceilings. To design the action plan, 12 negotiation meetings at the senior official level were held over a two-year period before it could be adopted in . During the negotiations, focused on implementing the plan by 2016, something which was not accepted by the other countries. also advocated a ban on phosphates, which it also failed to achieve. A general will to compromise in many negotiation processes can lead to proposed undertakings being watered down. This can not directly be considered to be the case with the action plan. The countries finally agreed to relatively far-reaching undertakings on nitrogen and phosphorus emissions. It is expected to be difficult for countries to fulfil the agreed emission ceilings, however. Previ- ous agreements within the HELCOM framework have often not been taken seriously enough by those party to them. The issue ultimately is whether or not the value of uncertainty action plan can be considered to be stronger than previous agreements. To improve implementation, an implementation group has been appointed, consisting mostly of country delegation members, whose task will be to follow the process towards goal fulfilment. It should be mentioned at this point that previous experience of implementation groups tasked with improving the implementation of decisions taken isnt undividedly positive. The mechanism can- not be considered particularly powerful. The special logic of European cooperation must, to some extent, have influenced the outcome regarding nitrogen and phos- phorus emissions. Commission has however man- aged to introduce relatively far-reaching rules governing the emis- sions of Member States, mostly from agriculture, through intro- duction of the Nitrates Directive. The Member States do not fulfil the requirements of the directive, however. Until now, only a small number of Member States have implemented the directive in full. The Commission has initiated a number of non-compliance pro- ceedings against Member States who have not implemented the legislation. The hope is that the legislated environmental require- ments, as established within the framework of the EUs rural development policy, can help Member States implement the legis- lation better in the long term. As a result of the 2003 reform of the Common European Agricultural Policy (CAP), a requirement to observe the provisions that apply after the introduction of the Nitrates Directive was established in the form of tighter cross- compliance. We cannot currently talk of a successful EU policy with regard to the eutrophication issue. Commis- sion has managed to cement high ambitions in the form of legisla- tion but the Member States cannot as yet live up to expectations. Different types of support measures, programmes and projects are being introduced to motivate, stimulate and make it easier for Member States to implement improvements. It is clear that there are several reasons of a political nature for why undertakings concerning nitrogen and phosphorus have not been accomplished. Countries interests and preferences and the political game rules are thought to have influenced the outcome. There are also several indications that political logic has also contributed, i.e. that politicians have chosen to prioritise short- term measures that have produced temporary political benefits. There is, however, no clear evidence at present that uncertainty factors in the decision-making process have affected the outcome. The low degree of sector integration in the action plan might sug- gest this, but it is far from certain. The likelihood is that these types of problems will increase in the future as the agriculture and fishing sectors become increasingly integrated into the environ- mental sector. in-depth studies are needed of how this type of complex decision-making processes can be conducted to pro- duce the best possible outcome. This chapter contained an in-depth discussion of the potential political obstacles to achieving various types of change in general and regarding the environment in particular. The extensive regulation of sea area as a result of national and international laws and agreements is inadequate to ensure an improvement in the state of the environment. Achieving this requires political initiative and the power to act both nationally and internationally. The point of departure has been the fact that several politically related phenomena cause specific difficulties when it comes to improving the state of the environment. These phenomena included in particular the interests and preferences of different countries, which often lead to the public good being considered secondary, as well as special political logic which often leads to the action taken being of a short-term nature. They also include coun- tries capacity in terms of national constellations of interest and diplomatic relations, as well as uncertainty in decision-making processes that can occur when, for example, the subject areas are of an intersectoral nature and when many parties are involved. Internationally speaking, it is important not to forget that , as previously mentioned, has strong interests in the environment issue due to its much longer coastline compared to other countries. All countries that border on the sea area will suffer, however, as the environment deteriorates. On the other hand, there might be other important issues which countries with shorter coastlines choose to focus their environ- mental efforts on, such as climate change. One way of deflecting from special national interests can be to transfer competence to a common organisation. An example of this is the cooperation within HELCOM and OSPAR. The problem is, however, that countries do not hand over enough of their decision-making com- petence to common organisations. We can clearly see this in the way they allow undertakings and powers to remain unclear and weak. Neither is it always appropriate or desirable, as previously mentioned in this chapter, to introduce supranational regulations within certain areas. Environmental consideration can be lost along the way as a result of the least ambitious countries directing deci- sion-making processes. Stronger decision-making competence should be the aim, though preferably by strengthening HELCOM. The extent to which this organisation can decide autonomously (i.e. not be entirely steered by its more powerful members) will increase the chances of safeguarding common interests. It is not least important to gradually try to strengthen the HELCOM arena as cooperation with can suffer if Baltic Sea cooperation focuses too much on the implementation of various EU directives, which can in particular be assumed to be the case as a result of . Bearing in mind the interests and preferences of different countries, if we assume that the outcome of a decision-making process depends to a large extent on the interaction between first and foremost the EUs leading members, there is reason to look more closely at what these countries prioritise. To influence the more prominent members of a cooperation, other parties can team up and choose a strategy to drive forward efforts, in the hope of others joining at a later juncture (compare for example the EU and its various enlargements). The situation regarding is some- what more difficult since from the Russian side, they often show a lack of interest in cooperating within the framework of conven- tions. EU cooperation can also easily become rather ineffective when national interests are allowed to steer it rather than the inter- pretation of the common good. When talking about European policy, we should therefore look at its actual outcome rather than at the intentions formulated by the Commission. should be seen as the sum of these results rather than the policy and aims formulated for a policy area. All the arguments high- lighted here are further elaborated on mostly in Chapter 3. 2A fifteen-point strategy for the environment This chapter presents the fundamental components of a strategy for the environment. All components of the strategy are not elaborated on in this report but it is important to look at the Inquirys considerations and proposals from a holistic perspective. Clearly, environmental problems represent a major chal- lenge that will demand major efforts throughout society if they are to be solved. Environmental policy has become a well established policy area. We have gone from the first generations prioritisation of point sources to the second generations focus on non-point emissions and new instruments of environmental protection, such as sector integration, the Environmental Code and the environmental qual- ity objectives. Third-generation environmental policy must entail a holistic approach and full integration of environmental issues into all policy areas, stronger political leadership and much more of an international focus. For the environment in particular, it is vital to develop forms of spatial planning, implement structural changes to agriculture and fishing and understand and deal with demographic and economic changes in society, such as urban sprawl. The considerable economic resources at the disposal of central government and within the EU must be utilised and tar- geted so that they contribute to a better environment rather than work against it. All relevant policy areas must be incorporated into a common strategy for the environment. International coordination – a decisive factor Because sea areas are shared with many other countries, interna- tionally coordinated efforts are an absolute necessity. A fifteen-point strategy for the environment many activities that have a negative impact on the environ- ment are either entirely or partly steered by an international mar- ket, international agreements and EU policy. Many lessons can be learned from how , together with other countries, has been successful in other environmental issues, for example concerning international agreements on reduced air pollution. A well devel- oped dialogue between scientists, policy-makers and industry has been a success factor in this regard. The highest political level Improving the situation in the environment requires politi- cal determination, based on a common awareness in society, which puts pressure on politicians. Heads of state and government have to meet regularly and take joint decisions in order to push the environment to the top of the political agenda. Ministers of agriculture, fisheries, transport and many other policy areas must also be involved in political efforts concerning the envi- ronment. A long-term approach is needed Improving the environment is a long-term undertaking requiring considerable stamina. It will, for example, take many dec- ades to reduce the effects of eutrophication. Restoration of the environment may in certain cases be necessary, but the emphasis of environmental work must lie on lowering emissions and reducing the negative impact on the environment. A long-term strategy with concrete measures built on existing knowledge should therefore be established. Research and inquiries are also needed but must not be considered a reason for inaction. The link between land and sea Eutrophication and increased toxicity are mostly caused by trans- port from land and inland waters. Land and ecosystems constitute an interlinked whole. The action taken on land and at sea must be integrated. There is also a link to the environment A fifteen-point strategy for the environment via air pollution from land-based activities. Nitrogen oxide emis- sions from road traffic must, for example, be reduced. Integration of fisheries and agricultural policies into environmental policy EU agricultural and fisheries policies must in future be entirely founded on the principles of sustainable exploitation and environ- mental consideration. Fisheries and agricultural policies must in the long run be integrated into environmental policy. Good environ- mental status of our seas must be a fundamental objective for both the Common Fisheries Policy (CFP) and the Common Agricul- tural Policy (CAP). should cement sustainable national positions in these areas. must take the lead – in its own interests We cannot wait for others or blame other countries – must show the way forward in environmental protection. has substantial emissions per capita which can be rectified. With a long coastline and large sea areas, it is in own interest to drive forward issues regarding the environment in the Baltic and the North Sea within the EU and with our neighbouring countries. A good environment is of long term importance for both tourism and regional development. HELCOM – the main path forward HELCOM is the international organisation that can muster the efforts of the countries around the Baltic Sea to improve the environment. HELCOM constitutes and important link between and the EU in issues relating to the Baltic Sea envi- ronment. The EU (MSD) provides a legal basis for actions of several EU Member States within HELCOM. At the same time, it is important for the Baltic Sea to be given pilot project status, as provided for under the MSD. The HELCOM Baltic Sea Action Plan should form the basis of the efforts made combined with an integration of agricultural, fisheries and regional policies. must force the pace of the process. A fifteen-point strategy for the environment should make use of the opportunities provided by its EU Presidency in the autumn of 2009. Strategy for the Baltic Sea Region, currently being prepared by Commission, is an important link in this process. In the long term, should actively strive to change and improve the work and decision-making procedures of HELCOM. Fishing quotas must be established on scientific grounds and be decoupled from political considerations. cannot accept the current arrangements under Common Fisheries Pol- icy (CFP). should make better use of the scope for national decisions, provided for in the policy, to regulate fishing in Swedish fishing waters. should also cooperate on action to be taken in fishing waters it shares with neighbouring countries. Examples of measures are the of more permanent or temporary non-fishing zones and better monitoring of fishing activities in cooperation with other countries. Tighter regulation of livestock farming in areas sensitive to nutri- ent run-off is needed along with a possible ban on starting up new livestock farming activities in the most sensitive areas. The EU Water Framework Directive provides considerable untapped potential in the form of e.g. environmental quality standards, pro- grammes of measures and economic instruments such as water charges. Local forms of cooperation and dialogue with individual operators should be developed. Better knowledge is needed as to the various measures taken by individual operators that have demonstrable effects. Another important issue concerning rural areas, including holiday home areas, and which exacerbates eutro- phication, is private sewers. Municipalities must increase their inspection activities and place tougher demands on property own- ers as regards wastewater treatment. A fifteen-point strategy for the environment Even if levels of well-known hazardous substances such as PCB are decreasing, concentrations of other newly discovered ones are on the rise. has nevertheless come a long way when it comes to reducing the spread of hazardous substances – the highest pri- ority must be to encourage other countries to take action. It is also important to put demands on importers of products manufactured in other countries. The EU chemicals legislation REACH, which came into force in 2007, provides for this. As in the Baltic increases and as become ever lar- ger, safety and emergency planning must improve. Traffic separa- tion systems should be used to a greater extent. The decision to classify the Baltic as a Particularly Sensitive Sea Area (PSSA) pro- vides the right conditions for regulating and for desig- nating ecologically valuable areas which must avoid. The countries around the Baltic Sea should strengthen their protective measures and work to ensure that Russian waters are also covered by PSSA regulations. Air emissions from must also be restricted, e.g. by introducing differentiated lane fees. Greater demands must be placed on pleasure boat owners to replace their two-stroke engines and use alkylate fuel. Economic instruments, such as differentiated purchase tax and decommis- sioning premiums, should be considered. There is a strong need for a clearer regulatory framework with democratically established planning of all Swedish sea areas. The same environmental requirements must apply in the economic zones as inside the territories of and other countries. Shorelines must be protected, especially in areas subject to intense exploitation pressure. A fifteen-point strategy for the environment 13 Participation by the general public The general public shows a high level of commitment and interest in environmental issues that must be utilised. Transparency and insight into political decision-making processes are important to increase participation. Ensuring that the Swedish Government Offices lives up to this is a first step, e.g. by presenting the differ- ent stages at which an issue is discussed on its website, and to sup- plement the traditional Swedish referral process by inviting the general public and other stakeholders to more dialogue. Govern- ment authorities and municipalities should also to a greater extent invite the general public to participate in dialogue and cooperate on issues concerning the environment. Link to the climate issue Climate work must go hand in hand with protecting the environment. Developed scenarios indicate major changes in the environment. The salt level in the Baltic Sea can decrease as the result of greater precipitation and catchment. New research findings show that our seas are being acidified as a result of higher carbon dioxide levels. The considerable attention recently captured by the climate issue should be utilised to push the environ- ment up the international agenda as well. Research has been of crucial importance in creating a basic under- standing for relationships and causes and making politicians and the general public more aware of environmental problems in our seas. In several areas, however, there is still considerable scientific uncertainty that environmental work, for example con- cerning the most effective action to take to reduce eutrophication.