Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee, the Committee of the Regions and the candidate countries in Central and Eastern Europe on accession strategies for environment: meeting the challenge of enlargement with the candidate countries in Central and Eastern Europe
Date: 1998-05-20
Institutions: European Commission
Subjects: Central and Eastern Europe, approximation of laws, enlargement of the Union, environmental protection, national implementing measure

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 20.05.1998 
COM(1998) 294  final 

Communication from the Commission 
to the Council, the European Parliament, 
the Economic and Social Committee, 
the Committee of the Regions 
and 
the Candidate Countries 
in Central and Eastern Europe 

on 

Accession Strategies for Environment : 

Meeting the Challenge of Enlargement 
with 
the Candidate Countries 
in Central and Eastern Europe 

TABLE  OF  CONTENTS: 

INTRODUCTION: THE ENVIRONMENTAL APPROXIMATION  PROCESS 

1  Challenges: 

1.1  The legislative challenge 
1.2  The institutional challenge 
1.3  Main sector specific challenges 
1.4  The financial  challenge 

2  Priorities: 

2.1  Introduction 
2.2  Prioritisation of the environmental acquis 
2.3  Full compliance for all new investments 
2 4  Priorities beyond legal approximation-Nuclear  Safety 

3  Community  assistance: 

3.1  Mobilising financial resources to support the strategy 
3.2  Environmental  approximation advice and assistance 
3.3  Co-ordination  of Community and Member  State 

approximation  assistance 

3.4  Support for implementation  and enforcement  activities 

Conclusions 

2 

2 
2 
3 
4 

5 

5 
5 
9 
9 

10 

11 
13 

13 
14 

15 

Annexes 
Annex  1 :  Estimate on costs of environmental  compliance 
Annex 2:  Programming and monitoring of the transposition  and  implementation 

of the environmental  acquis 

A(L 

INTRODUCTION: THE ENVIRONMENTAL APPROXIMATION  PROCESS 

In the forthcoming  enlargement  of the Union the environmental  dimension  will present 
greater challenges than in any previous accession. 

This relates both  to  the  sheer  scale of past  environmental  liabilities  and  the gap  in the 
level  of  environmental  protection  in  Centra!  and  Eastern  Europe  compared  with  the 
situation  in the EU  On the other  hand, the candidate  countries also possess  vast  areas 
of untouched  nature which contribute considerably  to  biological  diversity  in the  whole 
of  Europe.  To  keep  these  assets  and  at  the  same  time  to  develop  and  manage  an 
economically and environmentally  sustainable framework,  is the major  challenge ahead. 

The  cornerstone  for  such  a framework  is the  environmental  acquis  of  the  European 
Union.  However,  as  recognized  in  the  Commission's  Agenda  2000,  full  compliance 
with the environmental  acquis will probably  only be achievable in the long term  for  all 
candidate countries  in Central  and  Eastern  Europe.  Against  this background,  Agenda 
that  a  special  strategy  for  the  adoption  and  implementation  of  the 
2000  proposed 
environmental  acquis  should  be  set  up  and  combined  with  a  reinforced  Community 
pre-accession  assistance  strategy  where  investment  for  adoption  of the  environmental 
acquis is one of the priorities. 

In partnership  with  the  Union,  realistic,  national,  long-term  strategies for  gradual 
effective alignment  should  be drawn up and start  being  implemented  in all  applicant 
countries  before accession,  in particular  for  tackling  water and  air pollution.  These 
strategies should identify key priority  areas and objectives to be fulfilled  by the  dates 
of  accession  as  well  as  timetables for  further  full  compliance;  ensuing  obligations 
should  be incorporated  in  the accession  treaties. All  new investments should  comply 
with the acquis. 

Important  domestic  and foreign  financial  resources,  in particular  from  the  private 
sector, will have to be mobilised  in support of these strategies.  The Union will he able 
to make only a partial  contribution. ' 

This  special  strategy  for  the  environmental  approximation  calls  for  special  measures 
and consideration  both  in the  candidate  countries  and  in the  Community.  The  aim  of 
the Communication  is to  examine,  in view  of the indications  in  Agenda  2000  some  of 
the  practical  considerations  which  the  Commission  believes  that  the  candidate 
countries should take into account  when further  developing their national  strategies for 
achieving  full  compliance  with  the  environmental  acquis.  This  examination  does  not 
prejudge the allocation of the future  pre-accession  facilities. 

The Communication  falls  within the  Union's reinforced  pre-accession  strategy.  It  aims 
to  complement  the Accession  Partnerships,  and to  provide  assistance to  the  candidate 
countries  in  the  refinement  of  their  National  Programmes  for  the  Adoption  of  the 
Acquis.  It  does  not  in any way  prejudge  the  accession  negotiations,  or  the  scope  and 
duration of any transitional arrangements that might be the result of these negotiations. 

See CX)M(97)200() Volume  1  p 65 

The Communication  focuses on issues related to the ten  candidate countries of Central 
and  Eastern  Europe.  Cyprus  also  faces  the  task  of  environmental  approximation,  but 
has  different  challenges.  It  is the  intention  of  the  Commission  to  propose  a  separate 
document reflecting  the specific  circumstances for  Cyprus at a later stage. 

1.  THE  CHALLENGES 

This  chapter  presents  an  overview  of  the  challenges  of  compliance  with  the 
environmental acquis,  including the legal and institutional  aspects 

1.1. The Legislative  Challenge 

All  candidate  countries  have  started  to  transpose  the  environmental  acquis  into  their 
national  legislation.  There  is,  however,  a  lack  of  a  strategic  approach  towards  legal 
transposition.  Only a few  countries have so far  done  a comprehensive  analysis of legal 
gaps between their existing national  legislation  and the corresponding  EU acquis.  This 
is needed  to  support  the task  of prioritisation  and  drawing up  realistic timetables  for 
the transposition work. 

Shortage  of  legal  expertise,  in  particular  in  relation  to  the  environmental  acquis,  and 
language  barriers,  are  still  a  problem  in  all  the  candidate  countries  although  to  a 
varying degree. 

1.2.  The Institutional  Challenge 

The  Commission's  opinions  identified,  for  all  the  ten  applicant  countries,  a  need  to 
strengthen  the  administrative  structure  necessary  for  environmental  management.  This 
general  weakness  varies  in  level  from  country  to  country  and  some  further 
investigation  is  needed 
in  order  to  identify  the  precise  scope  of  the  problem  and 
develop solutions. 

One  of  the  key  tasks  of  the  ministries  of  environment  is  to  draft  the  necessary 
legislation  and to provide for  all measures to  implement  this legislation,  which in many 
cases  will  require  considerable  investment,  new  or  reorganised  institutions,  or  both. 
Environmental  approximation  has to be seen as a task  for  the whole ministry.  In many 
countries, there is still a lack of understanding  of the scope of the challenge ahead and 
of the question of responsibility for the co-ordination of the approximation process. 

Some  of  the  issues  considered  to  be  "environmental"  in  the  European  Union  are, 
however,  within  the  responsibilities  of  other  ministries,  such  as  chemicals,  genetically 
modified  organisms,  radiation  protection  or  drinking  water.  This  requires  particular 
attention,  as  a  lack  of  or  weak  intra-ministerial  co-ordination  could  be  a  serious 
obstacle in the approximation process. 

Implementation  and  enforcement  of  environmental  legislation  is  often  delegated  to 
regional  or local  authorities  or  other  institutions responsible  for  monitoring,  issuing of 
permits  and  inspection.  In  many  cases,  the  work  of  these  bodies  will  be  seriously 
affected  by  the  new  legislation,  with  additional  obligations  requiring  more  efficient 

management  and  additional  staff  training.  The  development  of  regional  and  local 
environmental administrations will need specific attention in all the candidate countries. 

1.3. Main Sector Specific  Challenges 

Air 
Most of the countries will face great difficulties  in meeting EU air quality requirements. 
This  is  largely  due  to  problems  of  emissions  from  stationary  sources  such  as  power 
plants  and  local  district  heating  installations.  As  one  of  the  first  steps,  the  countries 
need to identify  zones and urban  agglomerations  where EU limits are being  exceeded. 
Some  countries  have  developed  action  plans  for  dealing  with  these  zones.  Other 
countries have as yet made little progress in putting in place the necessary facilities  and 
institutions in order to meet the basic requirements of the air quality legislation  such as 
monitoring and data collection. 

Most  countries  have  not  yet  developed  implementation  plans  for  compliance  with 
standards  for  air  emissions  from  large  combustion  plants  and  plans  to  close  down 
facilities  which  are  not  in  compliance.  Several  countries  face  financial  problems  in 
adapting  their  refineries  to  meet  the  present  and  future  fuel  quality  standards  of  the 
EU. 

Waste 
In the waste  sector,  much  remains to  be done in all the applicant  countries.  However, 
steps in defining policies and approximating legislation have accelerated  during  1997 in 
some countries. 

The  directives  dealing  with  the  incineration  and  management  of  municipal  and 
hazardous wastes  present  the greatest  challenge.  While  some  are  actively  developing 
investment  programmes for the waste  sector,  a large number of waste incinerators will 
need retrofitting  and restructuring to meet EU standards. 

Water 
Major  investment  programmes to improve drinking water quality and the management 
of waste water are underway and planned in most of the countries. 

As  regards  cross-border  pollution  of  water,  a  particular  challenge  will  be  the 
establishment and implementation  of an integrated  river basin management approach by 
the riparian states of international rivers, such as the Danube and Oder. 

In transposing and implementing the nitrates directive, none of the countries appear  to 
have  made  much  progress.  With  the  current  decline  in  agricultural  production  and 
lower fertiliser  use,  candidate countries tend to  see this as a low priority. However,  it 
is important  to  establish the required  management  structures to  limit non-point  source 
nitrate pollution as the economies improve. 

Industrial Pollution Control and Risk Management 
Transposition  of the  Seveso  directive  and  its  implementation  needs  more  attention,  as 
this would considerably reduce the risks of major  accidents from  industrial  installations 
throughout the region. Much remains to be done to reach the  acquis in this area. 

Most  of  the  candidate  countries  have  specific  industrial  'hot  spot'  areas,  due  to  the 
concentration  of  heavily  polluting  industries  and  energy  production.  While  many 
industrial  plants  in  these  areas  are  being  restructured  into  modern  and  viable  plants, 
some  of them,  especially  energy  utilities,  are  likely  to  remain  in  operation  for  several 
years yet with pollution  levels which  do not  comply with EU requirements.  The use of 
oil shale and brown coal in a few countries remains a particular problem. 

The  candidate  countries  should  be  encouraged  to  set  in  place  the  Directive  on 
Integrated  Pollution  Prevention  and  Control  (IPPC)  which  provides  the  new 
framework  for  managing industrial pollution problems in an integrated way. 

Nuclear Safety  and  Radiation  Protection 
In all the countries a basic law on nuclear  safety  and  radiation  protection  has recently 
been  adopted.  This  framework  law  needs  to  be  supplemented  by  several  pieces  of 
legislation  in  order  to  ensure  full  compliance  with  the  acquis.  It  is important  to  note 
that most of this legislation is needed  even if there is no nuclear power  sector. 

Institution  building  should  be  regarded  as  a  priority.  Nuclear  Safety  authorities  are 
faced  with  high  demands  for  specialised  technical  support  and  scarce  financial  and 
human resources.  Independent regulatory authorities have to be further  supported. 

1.4. The Financial  Challenge 

Based  on  first  region-wide  estimates,  the  total  investment  costs  of  meeting  the 
environmental  acquis  are  likely  to  be  around  ECU  100  -  120  billion  for  all  the  ten 
candidate  countries  (See  Annex  1). The bulk  of the  investment  is likely  to  be  needed 
for  infrastructure  in  air  pollution  abatement,  water  and  waste  water  management  and 
waste management.  In addition,  setting up  and  reinforcing  environmental  management 
structures  for  efficient  implementation,  monitoring  and  enforcement  will  also  need 
substantial  resources.  The  scale  of  these  is  more  difficult  to  estimate.  Detailed  and 
reliable  information  about  the financial implications  of  single  directives  for  individual 
candidate  countries  is not  yet  available.  Some  countries,  however,  have  started  work 
on  costing  in  relation  to  specific  directives  as  a  first  step  towards  the  elaboration  of 
financing  strategies. This work  on costing  should be given immediate priority  in all the 
candidate countries. 

2.  PRIORITIES 

2.1.  Introduction 

Agenda  2000  proposes  that  the  candidate  countries,  in  partnership  with  the  Union, 
before  accession  draw  up  -  and  start  implementing  -  realistic  national  long-term 
strategies  for  gradual  and  effective  alignment  with  the  environmental  acquis,  in 
particular  for  tackling  water  and  air  pollution.  These  long-term  national  strategies 
should  include 

key priority  areas 

• 
•  objectives to be fulfilled  by the dates of accession 

• 

timetables for further full  compliance 

Ensuing obligations should be incorporated  in the accession treaties. 

Additionally, Agenda 2000 proposes that 

•  all new investments should comply with the acquis. 

In the framework  of the  Accession  Partnerships, the candidate  countries  have drawn 
up  National  Programmes  for  the  Adoption  of  the  Acquis,  (NPAA).  These  national 
programmes will evolve. 

Within  this  context,  this  chapter  deals  with  the  question  of  setting  priorities  for  the 
process  of  implementation  of  the  acquis  with  the  aim  to  contribute  to  the  further 
development  and detailing of the NPAAs in the Candidate Countries, within the  above 
mentioned  framework  laid down  in Agenda 2000.  Some practical questions related  to 
the establishment  of the programmes  are discussed in Annex 2. 

2.2.  Prioritisation of the Environmental Acquis 

A number of different  priorities have to be considered  and  reconciled  within the overall 
process of approximation. 

Meeting the acquis is an indispensable condition  for  membership  of the  Union, but  not 
an end in  itself. The important  environmental problems and priorities in each  candidate 
country  should be addressed  in the process.  Approximation  to the EU acquis will give 
focus  and  direction  to  national  efforts.  Finally,  the  economic  implications  -  both  in 
terms of constraints and potential  incentives  for  growth  and  competitiveness  - have to 
be considered  carefully. 

The first set of priorities to  consider  relate to the  specific  environmental  problems and 
priorities in the individual  country: 

Environmental  priorities  cannot  be  determined  from  an  abstract  analysis  of  the 
acquis,  but  have  to  be  decided  on  the  basis  of  a  detailed  assessment  of  the 

v  5 

environmental  situation  in  each  country.  Based  on  the  analysis  carried  out  for  the 
preparation  of 
the  opinions  in  Agenda  2000,  the  Commission  has  given  a  first 
indication  of  such  environmental  priority  areas  for  each  country  in  the  Accession 
Partnerships. 

The  general  emphasis  given  to  'measures  to  tackle  pollution  of  water  and  air'  in 
Agenda  2000  does  not  imply  that  these  parts  of  the  acquis  are  inherently  more 
important  than  other  parts,  but  is  based  on  the  recognition  that  all  the  candidate 
countries  have  considerable  problems  in  these  key  areas.  As  mentioned  in  chapter  1 
waste management  is also a key area in which all the candidate countries have to make 
a serious effort  in order to reach existing EU standards. 

Even  if  some  common  problems  and  priorities  can  be  identified,  environmental 
priorities  have  to  be  country-specific,  taking  the  particular  environmental  needs  and 
problems into account.  The National  Programmes for  the Adoption  of the Acquis will 
include such country-specific  priorities. 

The  second  set  of  priorities  concern  the  legislative  and  administrative  gaps  which 
have to be filled in order to meet the acquis. 

The establishment  of such  legislative and  administrative  priorities has to be based  on a 
detailed  comparison  of  existing  national  environmental 
EU 
environmental  legislation,  provision by provision,  in order to identify  gaps to be  filled. 
But  this  analysis  of  formal  legislative  compliance  can  not  stand  alone.  It  has  to  be 
accompanied  by an  assessment  of the administrative  and  institutional  needs to be met 
in order  to  ensure  effective  implementation,  monitoring  and  control  of  the  legislative 
measures. 

legislation  and 

The  analytical  examination  ('screening')  of the acquis,  which  was  launched  in  March 
1998, will assist the candidate countries in identifying  the legislative gaps'. 

Two Commission documents provide further  guidance in this area: 

The Commission  Staff Working Paper from  1997,  "Guide to the Approximation  of the 
European  Union Environmental  Legislation" 2, contains a detailed survey of the bulk of 
EU environmental  legislation,  identifying  key issues  and  steps to take by authorities in 
the  candidate  countries  in  order  to  bring  national  environmental  legislation  and 
administrative practices in line with the EU environmental acquis. 

The  Guide  structures  the  environmental  acquis  in  different  sectors  and  'families'  of 
legislation  pertaining  to  the  same  environmental  subject  matter,  but  does  not  directly 
aim  at  identifying  the  pieces  of  legislation  within  the  acquis  which  for  systematic 
legislative or administrative reasons should be set in place first. 

However,  for  the  environmental  legislation  which  has  a  direct  impact  on  the 
functioning  of the  Internal  Market  (i.e.  the  product-related  environmental  legislation) 
such  a  classification  into  'Stage  1'  and  'Stage  2'  legislation  can  be  found  in  the 

SF.C(97)1608 

Commission's White Paper  from  1995 on  'Preparation  of the  Associated  Countries  of 
Central and Eastern  Europe for  Integration into the Internal Market of the Union'.3 

The  White  Paper  comprises  roughly  half  of  the  total  environmental  acquis.  The 
priorities  (i.e.  the  identification  of  'Stage  V  and  'Stage  2'  legislation)  found  in  the 
White Paper remain valid  for this part of the acquis 

The criteria that  were used  in the White  Paper for  identifying  'Stage  V  legislation  may 
this  type  of  priority 
-  with  a  slight  modification  -  also  be  used  for  selecting  of 
legislation  in  relation  to  the  other  half  of  the  environmental  acquis,  which  was  not 
covered by the White Paper. These criteria for  selection of priority measures are 5. 

•  measures that establish the overall framework  for more detailed  legislation; 

•  measures  that  address  fundamental  principles  or  provide  for  the  basic  procedures 

which govern the sector concerned; 

•  measures that in one way or another are a pre-condition for the effective  functioning 

of environmental protection6 in that  sector. 

Using  these  criteria,  two  types  of basic  environmental  legislation  can  be  identified  as 
systematic, administrative priorities: 

•  basic procedures for  environmental administration  with the objective  of ensuring a 
rational assessment of environmental  impacts of different  types of private and  public 
projects,  transparency  and  access  to  environmental  information  for  the  public  and 
procedures for reporting on implementation  of legislation; 

•  environmental framework legislation  in the areas  of water  protection,  protection 
of  air  quality,  waste  management,  nature  protection,  industrial  pollution  control, 
risk assessment of chemicals and protection against major industrial hazards; 

A third  set  of  priorities  concern  the  economic  implications  of  the  measures  to  be 
implemented. 

Within  the  environmental  acquis  a  relatively  small  group  of  legislation  stands  out 
because they require very costly investments for their implementation. 

This group of legislation concerns infrastructure installations in relation to: 

•  Drinking water supply and waste water management 
•  Large combustion  plants 

5  COM(95) 163 

The  White  Paper docs  not  aim  to  identify  priorities  in  the  sense  of  the  relative  importance'  or 
impact'  of  the  different  legislative  measures,  but  "identifies  the  key  measures  in  each  sector  and 
suggests  the  sequence  in  which  approximation  could  be  tackled"  in  order  lo  facilitate  the  tusk  of 
approximation for the candidate countries. 
5  See COM(95)163 final/2, p.  3. 

The White Paper has: "for the effective functioning of the Internal Market in that sector." 

•  Waste management 

The  implementation  of  this  group  of  legislation  typically  requires  comprehensive 
physical  investments  to  upgrade  infrastructure  installations  which,  for  technical  and 
economic  reasons,  will take  considerable  time to  implement.  It  should  be  noted  that 
this  group  of  legislation,  when  adopted,  allowed  for  considerable  lead  times  for 
in  existing  Member  States.  However,  because  very 
achieving 
important  gains  for  environment  and  public  health  are  to  be  made  from 
the 
implementation  of  this  legislation  and  because  the  full  technical  implementation  will 
require  considerable  time,  it  is very  important  that  the  legislative  framework  is  set  in 
place and that first steps to implementation are taken as soon as possible. 

full  compliance 

Integration:  Environmental  and general economic and  competitive  improvements  can 
be  achieved  at  the  same  time  only  through  full  integration  of  environmental 
considerations  into  sector  policy  and  investment  decisions.  The  candidate  countries 
with  economies  still  in  transition  can  combine  environmental  improvements  with 
economic  competitiveness  when  preparing  for  entry  into  the  EU  internal  market.  To 
achieve this, the integration  of environmental  concerns into  sector  policies needs to be 
reinforced  already now. 

Integration  can  be  achieved  in  practice  by  introducing  comprehensive  environmental 
impact  appraisal  procedures,  by  pursuing  the  "precautionary  principle"  and  "polluter 
pays  principle"  and  by  using  sound  scientific  assessments  for  all  relevant  investment 
and  policy  decisions.  In  order  to  ensure  least-cost  solutions  and  an  overall 
enhancement  of  both 
the  economic  and  the  environmental  efficiency  of  the 
approximation  process,  the  candidate  countries  should  consider  carefully  how  the 
environmental  priorities  and  objectives  could  be  integrated  into  other  public  policies 
and programmes. 

When  further  developing  their  National  Programmes  for  the  Adoption  of  the  Acquis 
the candidate countries therefore  need to consider 

• 

• 

How  programmes  for  promoting  energy  efficiency,  cleaner  technologies,  waste 
minimisation  and recycling, rail and  public transport,  etc. can be integrated  into the 
national economic and sectoral policies. 

How  industrial  or  agricultural  production  can  be  focused  in  a  sustainable  manner 
taking into account the environmental and resource constraints of the country. 

•  How the environmental  gains resulting  from  the economic  decline during the first 
years  of  transition  can  be  maintained  at  the  same  time  as  the  economies  are 
growing. 

A forward-looking  approach  to  the challenge  of meeting  the acquis  can  reap  benefits, 
which  go  well  beyond  meeting  the  legislative  requirements  for  accession  in  an 
individual  area of EU policy.  It will lead  to a very considerable  increase of the level  of 
protection  of human  health  and the environment  in the candidate  countries  themselves 
and  also  in  the  European  Union,  due  to  the  transboundary  nature  of  environmental 
impact.  But  it  will  also  make  an  important  contribution  to  industrial  and  agricultural 

competitiveness and economic growth  in the candidate countries, if the process is well 
managed from the start. 

2.3. Full Compliance for All New Investments 

integrating  environmental 
Agenda  2000  clearly  underlines 
considerations  into  economic  development  both  in  the  private  and  the  public  sectors 
right  from  the  start  when  it  states  that  'all  new  investments  should  comply  with  the 
acquis. ' 

importance  of 

the 

It is generally  less costly to  introduce  pollution  reduction  measures  as an integral  part 
of  a  new  physical  investment  than  to  retrofit  installations  already  in  place.  This  also 
applies  to  situations  where  an  existing  plant  or  installation  is  being  enlarged  or 
substantially  rehabilitated.  Full  compliance  with  relevant  environmental  requirements 
should  therefore  also  be  applied  in  these  situations.  This  approach  promotes  the 
introduction  of  least-cost  and  efficient  production  technologies.  It  will  lead  to 
,  promote  joint-ventures  and  stimulate  the  market  for 
competitive  industries 
environmental  technology  which  will  have  a  positive  employment  effect  both  in  the 
EU and in the candidate countries. That this requirement makes good  sense also from  a 
financial  point  of view  can be  seen  from  the  fact  that  financiers  and  serious  industrial 
investors in the region already take the EU accession process and  its requirements  into 
account. 

Candidate countries will be well  advised  to  follow  this principle themselves  in  relation 
to domestic investments during the pre-accession period. The community  funding  will 
be made conditional  of compliance  with  this  requirement.  The  International  Financing 
Institutions should  be encouraged  to  apply  a similar  conditionality.  The obligation  will 
be incorporated  in the Accession  Treaties, as foreseen  by Agenda 2000,  for  the period 
after accession 

2.4. Priorities beyond legal approximation -  Nuclear safety 

Nuclear  safety  in the applicant  countries is a major  political  issue and  challenge  in  the 
enlargement  process  ,  which  goes  well  beyond  the  environmental  approximation 
process.  The  Commission's  overall  strategy  is  not  only  to  reduce  the  risk  which  is 
actually  associated  with the  civil use  of nuclear  energy  in these  countries,  but  also  to 
bring the general  safety  standard  for  power  production  as well  as waste  management 
up to  a level which  is comparable  to  that  which  prevails  in the  EU.  This  implies  both 
technical improvements and institution building. 

Inter alia, in each country  with a nuclear  power  sector there is a need  for  a  competent 
and independent  national  regulatory body which licenses and monitors the operation  of 
the plants and ensures that the right priority  is given to nuclear  safety.  In Agenda  2000 
it  is  proposed  that  after  2000,  it  may  be  possible  to  increase  the  amount  of  EU 
financing.  The future  of the  nuclear  sector  in the  candidate  countries  must  be  seen  in 
the  wider  context  of  national  energy  strategies  which  plan  for  alternative  and 
complementary 
for 
investments  in  safety  standards,  energy  efficiency 
decommissioning  and  future 

sources  of  supply,  generate 

sufficient 

to  pay 

income 

measures  and  the  rehabilitation  of  thermal  plants  which  today  do  not  meet  EU 
environmental  standards.  The  commitments  made  by  Bulgaria  (1993)  and  Lithuania 
(1994)  to  close  down  inherently  unsafe  installations,  in  accordance  with  the  Nuclear 
Safety  Account  Agreement  with  the  EBRD,  must  be  respected.  Although  it  has  not 
taken  on any international  commitment,  Slovakia  faces  a similar  challenge  concerning 
the closure of  two reactors. 

3. 

COMMUNITY  ASSISTANCE 

While the  candidate countries themselves will have to mobilise the necessary  resources 
for focused  and cost-efficient  implementation  of the environmental  acquis, Community 
assistance  can play a catalytic role in accelerating  actions.  In these  activities,  both  the 
Community  as  a whole  and  the  Member  States  with  their  bilateral  programmes,  will 
have an important role to play. 

To  date,  the  Commission  has  gradually  intensified  its  efforts  in  assisting  and  guiding 
the  applicant  countries  in  their  environmental  approximation  process,  in  particular 
through  the  Phare  programmes  and  the  multi-disciplinary  sub-committees  within  the 
framework of the Europe Agreements. 

In addition  to these efforts,  the Commission  intends to focus  in the coming years also 
on the following activities: 

•  Mobilising further  financial  resources, as part of pre-accession  structural assistance, 

for environmental improvements in the accession process as a whole, 

•  Reinforcing  support  for  environmental  approximation  including  co-ordination  of 

Community and Member States'  assistance 

•  Promoting  institution  building  activities  for  strengthening  implementation  and 

enforcement. 

•  Participation  of  the  candidate  countries,  which  so  wish,  in  the  Community 

financial  instrument for the environment (LIFE). 

•  Participation  of  the  candidate  countries  in  the  European  Environment  Agency 

(EEA). 

•  Support  from  the  RTD  framework  programme  for  research  projects,  pilot  and 

demonstration projects and accompanying measures, as appropriate. 

3.1. Mobilising  Financial  Resources to Support the Strategy 

for  full  compliance  with  the  environmental  acquis  will  be 
The  resources  required 
substantial  but justified,  not  only  from  an  environmental,  but  also from  an  economic 
point  of  view.  The  implementation  of  the  EU  environmental  acquis  will  lead  to 
modernised, efficient  and competitive industries with healthy and  safe products, and to 
cost-efficient  and  sustainable  environmental  infrastructure  (water,  waste,  and  energy 

10 

services). The  need  for  technological  modernisation  and  restructuring  of  industry  and 
agriculture in the  candidate countries  is not  only a consequence of the criteria  se! for 
accession  to  the  European  Union,  but  also  of  the  more  fundamental  need  to  ensure 
economic  growth  and  general  welfare  through  adaptation  of  economies  to  cope  with 
free-market  conditions.  The  environmental 
the 
environmental  aquis are  to  a very large  extent  investment  which  the  countries  would 
have found  necessary to make  independent  of the enlargement  process  The economic 
challenge  raised  by  the  environmental  approximation  process  as  such  is  therefore 
mainly one of timing.  In spite of clear economic benefits from required investments the 
relatively quick implementation  required  to  ensure accession within  a reasonable time-
horizon will be difficult  due to the scarce financial and other resources in the  candidate 
countries. 

investments  needed 

to  meet 

Most  of  the  candidate  countries  are  already  making  significant  efforts  to  mobilise 
more resources for environmental improvements. Overall increases in recent years have 
been  over  30%  on  average.  Currently,  expenditure  levels  in the  candidate  countries 
are, on average, at a similar level to the EU or higher in terms of share of GDP. 

Agenda  2000  proposals  include  several  financing  instruments  to  assist  the  candidate 
countries in mobilising further  resources for environmental improvements. 

Existing resources 
In  1998  and  1999  the  Phare  programme  will  remain  the  main  Community  financial 
instrument  for  assistance through  the  pre-accession  strategy.  For assistance related  to 
environment,  nuclear  safety  and  civil  protection  the  following  considerations  need  to 
be taken into account: 

•  The  Accession  Partnerships  -  the  single  framework  for  prioritising  Community 
assistance  including  Phare  assistance-  as well  as the  candidate  countries  National 
Programme for  the Adoption  of the Acquis will be followed  closely  and  monitored 
regularly. 

The  infrastructure  investment  required  in  order  to  implement  the  environmental 
acquis  is  enormous  and  constitutes  one  of  the  priority  areas  for  pre-accession 
support from Phare for  large infrastructure  and other  projects.  This priority  will be 
reflected  in  all  future  Phare  programming.  The  new  Large  Scale  Infrastructure 
Investment  Facility,  LSIF,  combining  national  and  Phare  resources  with  funding 
from  international financing institutions, will be developed  into a important  too! for 
financing  investments  with  environmental  benefits  on  transboundary,  regional  and 
global  levels  next  to  transport  infrastructure  investments.  As  such,  the  LSÏF  is  a 
precursor  of  the  newly  proposed  Instrument  for  Structural  Policies  for  Pre-
accession Assistance, ISP A. 

The Phare multi-beneficiary  programme for environment  should contribute to assist 
the  countries  in  developing  and  implementing  their  environmental  approximation 
strategies  and  work  programmes  focusing  on  fostering  harmonised  policies  and 
approaches  in  line  with  EU  policies  and  on  joint  cost-effective  assistance 
programmes.  There  may  also  be  a  need  to finance regional  co-operation  projects, 
for  example to  establish  objectives  for  implementing  key framework directives  for 

11 

water  and  air and  for  meeting their  international  acquis related  obligations  (climate 
change, acidification,  etc.). 

The future 
On  18  March  1998  the  Commission  adopted  two  proposals  for  regulations  for  new 
pre-accession  instruments,  namely  the  Instrument  for  Structural  Policies  for  Pre-
Accession  (ISPA)7  and  the  Pre-Accession  Measures  for  Agriculture  and  Rural 
Development8.  Community  pre-accession  assistance  for  the environment  will  therefore 
increase  considerably  after  the  year  2000.  When  applying  the  Community  pre-
accession  and  post-accession  financing  instruments,  the  following  possibilities  should 
be explored  further: 

•  The  sustainable  adaptation  of  agriculture  and  the  promotion  of  sustainable 
transport  and energy policies require  specific  attention  in the  candidate  countries. 
For transport this implies the development  of environmentally  sustainable modes of 
transport  and transport  services  such as rail, waterborne  and  public transport  and 
the integration  of several  modes of transport  (intermodality).  The Commission  has 
recently launched  a project  within the multi-country  Phare transport  programme to 
develop  a  cohesive  strategy  in  the  candidate  countries  to  mitigate  the  effects  of 
transport-related  environmental  problems through a regional  approach. 

• 

In  its  proposal  for  the  new  ISPAinstrument,  the  Commission  has  proposed 
environment  along  with  transport  as  the  areas  for  assistance  An  appropriate 
balance will need to be struck between  these two fields. Special  attention  needs to 
be  paid  to  securing  sustainable  and  cost-efficient  assistance  which  mobilises 
national and other international financing for individual  projects. 

•  From  the  proposed  Community  initiatives,  co-ordination  and  synergy  between 
INTERREG  and  Phare  in  cross-border  co-operation  should  be  enhanced  in  order 
to solve regional  cross-border environmental problems. 

With these limited resources the Community will try to achieve the maximum multiplier 
effect  for  each  aid  measure.  Community  grant  financing  will  act  as  a  catalyst  and 
provide  leverage  in  combination  with  loan  financing  by  international  financing 
institutions  and  national  resources.  Experience  from  projects financed by  international 
financing  institutions  shows  that  leverage  worth  up  to  2-4  times  the  EU  grants  for 
investment  could  be achieved.  In order to  maximise this leverage  and to  avoid ad hoc 
subsidising  of  investments  a  comprehensive  financial  strategy  and  operational 
modalities for the use of Community financing instruments within the framework  of the 
Acessions  Partnerships  and  the  National  Programmes  for  the  Adoption  of the  Acquis 
should be established. 

3.2. Environmental Approximation Advice and Assistance 

Agenda  2000  proposes  increased  attention  to  the  approximation  of  legislation 
assistance:  "As  the  applicant  countries  start  irreversibly  to  adopt  the  Community 

7  COM(1998)138 
8COM(1998)153 

12 

acquis,  it  will  be  necessary  to  increase  the  assistance  provided  by  the  Union  with 
regard  to  the  approximation  of  laws."  The  Commission  will  reinforce  the  existing 
activities  focusing 
legislative  approximation;  development  of 
environmental  accession programmes; the establishment  of harmonised  monitoring and 
progress  reporting  mechanisms;  programmes  for  reinforcement  of  implementing 
institutions;  technical  assistance  for  the  preparation  of  investment  programmes  and 
implementation,  regional environmental co-operation programmes. 

inter  alia  on: 

(Development  of 

Implementation  Strategies 

It is proposed in Agenda 2000,  that TAIEX would expand its assistance on legislative 
transposition  to  the  entire  environmental,  nuclear  safety  and  civil  protection  acquis. 
The type of environmental  accession guidance, as currently provided under the DISAE 
facility 
in 
Environment)  should  therefore  be  continued  within  the  framework  of  TAIEX.  In 
addition,  investment  related  technical  assistance  for  project  preparation  will  be  made 
available  through  the  Phare  Large  Scale  Infrastructure  (LSI)  Facility  Environmental 
assistance  and  institution  building  measures  will be  reinforced  through  Phare  national 
programmes  when  the  programmes  are  related  to  the  implementation  of  national 
accession  priorities.  Before  the  new  pre-accession  instruments  come  into  force, 
technical assistance will be also made available through  Phare for the preparation  of the 
administrative  and  financing  bodies,  such  as  the  National  Environmental  Protection 
Funds.  This  preparation  will  also  include  assistance  for  a  correct  application  of  the 
EIA-Directive. 

for  Approximation 

The  participation  of  the  candidate  countries  into  the  LIFE  programme  has  started 
where  countries  so  chose  and  will  continue.  National  contribution  may  be 
supplemented  byPhare  funds.  This  will  facilitate  support  for  the  introduction  of  the 
Community environmental policies in the applicant countries. 

The  Commission  also  intends  to  assist  the  authorities  in  the  candidate  countries  by 
providing  further  guidance  documents  related  to  the  practical  development  and 
implementation of national approximation programmes and strategies. 

3.3. Co-ordination  of Community  and Member State Approximation  Assistance 

The  EU  Member  States  have  extensive  bilateral  assistance  programmes  for 
environmental  approximation.  Synergy between  such  programmes  and the Community 
programmes  is  being  pursued  to  reinforce  environmental  approximation  assistance. 
the  Commission 
Informal 
programmes  and  bilateral  schemes  has  been  ongoing  since  1996  providing  a  good 
overview of the state of play. These informal  contacts will continue in order to  identify 
assistance gaps and to achieve an even greater synergy. 

information  exchange  and  co-ordination  between 

3.4. Support for Implementation  and Enforcement  Activities 

Given  the  importance  of implementation  of the  environmental  acquis  and  taking  into 
account  the  Commission's  Communication  to  the  Council  and  the  European 
Parliament  on  "Implementing  Community  Environmental  Law"9 it  becomes  obvious 

9 COM(96) 500 final 

13 

that  implementation  is a crucial  item  on the enlargement  agenda because  all  legislation 
would  remain dead letter if it was not properly applied and  enforced. 

The  European  Union  informal  Network  for  the  Implementation  and  Enforcement  of 
Environmental  Law,  IMPEL,  was formed  in  1992,  with the main  objective  of  creating 
the necessary  impetus in the Community  to make progress in ensuring a more  effective 
application of environmental legislation.  The Commission  has initiated the creation  of a 
parallel network for the  candidate countries which will be closely linked to the IMPEL 
and will use its experience to address implementation  and enforcement  issues related to 
the application of Community environmental  legislation. 

This will be  supplemented  by integrating  the  applicant  countries  into  the  work  of  the 
European  Environment  Agency  with  a  specific  focus  on  European  State  of 
Environment  reports and implementation  of EU environmental  legislation. 

(RTD) 
The  EU  Research,  Technological  Development  and  Demonstration 
Programmes  are  playing  an  increasing  role  in  extending  participation  to  actors  from 
CEE  countries.  The  collaboration  of  networking  of  partners  in  RTD  activities  from 
candidate  countries  will  facilitate  and  accelerate  transboundary  and  inter-sectoral 
environmental  co-operation.  In  addition,  the  environmental  activities  foreseen  in  the 
Information  Society  Research  programme  (Fifth  Framework  Programme)  will  foster 
co-operation  between  national  and  local  authorities,  research  organisations  and 
industry between the EU and the CEECs. 

As  local  governments  are  assuming  increased  responsibilities  in  implementing  EU 
environmental  legislation,  the  Commission  intends to  assist  the cities in the  candidate 
countries  to  participate  in  the  European  Sustainable  Cities  and  Towns  Campaign. 
Through this network the cities will be better equipped to develop integrated  and least-
cost plans for implementing the new legislation. 

14 

CONCLUSIONS 

• 

In  spite  of  the  efforts  towards  environmental  approximation  in  all  the  candidate 
countries,  substantive  additional  work  will  be  necessary  to  achieve  full  compliance 
with the environmental  acquis. 

•  These  additional  efforts  are  of  a  legislative,  administrative  and  financial  nature, 

with major  human resource implications. 

•  While resource  mobilisation  for  required  environmental  investments  will be  one  of 
the more difficult  challenges of the accession process, special attention  also needs to 
be paid to  reinforcing  a wide range of environmental  institutions, from regional  and 
local environmental inspectorates into networks of non-governmental  organisations. 

•  Effective,  prioritised  management  of  the  approximation  process  is  crucial,  in 
particular  with  respect  to  the  limited  resources,  and  requires  careful  strategic 
planning and cost-effective  programmes. 

•  Compliance  with  the  EU  environmental  acquis  is justified  both  for  environmental 
and  economic  reasons.  The  implementation  of the  environmental  acquis  will  result 
in modern  and  more efficient  industries,  energy  production  and  improved  and  cost-
effective  urban  environmental  infrastructure  services.  However,  in  spite  of  clear 
economic benefits  from  these investments quick  implementation  will be difficult  due 
to the scarce financial  and other resources. 

• 

• 

through 

Preventive  measures 
integration  of  environmental  and  sustainable 
development  considerations  into  sectoral  policies,  such  as  transport,  energy  and 
agriculture,  need  adequate  attention  both  in  the  applicant  countries  and  in 
Community  financing  and  other  policies.  The  process  of  environmental 
approximation  should not be seen as the exclusive responsibility  and concern of the 
ministers of environment in the applicant countries. 

The  Union's financial assistance  will  only  cover  a  minor  part  of  all  the  resources 
required,  but  their  proper  use  can  have  a  catalytic  effect  in  mobilising  other 
resources.  In  order  to  maximise  this  leverage  and  to  avoid  ad  hoc  subsidising  of 
investments  a  comprehensive  financial  strategy  and  operational  modalities  for  the 
use  of  Community  financing  instruments  within  the  framework  of  the  Acessions 
Partnerships  and the  National  Programmes  for  the  Adoption  of the Acquis  should 
be established. 

As  financial  resources  will  be  limited,  it  is  important  to  ensure  that  the  external 
assistance  is  focused,  co-ordinated  and  targeted  so  as  to  achieve  the  greatest 
possible benefit.  The Commission  therefore  has agreed  to  extend  the dialogue  and 
co-operation  with  Member  States  and  International  Financing  Institutions  (IFIs) in 
order  to  enhance  the  co-ordination  and  efficiency  of  the  assistance  and  other 
environmentally related  activities in the EU enlargement  process.  Guiding principles 
for  co-operation  and  co-ordination  with  the  IFIs  have  been  laid  down  in  the 

15 

Memorandum  of  Understanding  between  the  Commission,  the  European  Bank  for 
Reconstruction  and Development  and the World Bank. 

The Commission  will also increase its efforts  to  provide information,  guidance  and 
technical  assistance  to  the  candidate  countries  in  legal  and  administrative  areas 
relevant  to  the  implementation  of  the  environmental  acquis.  This  includes  support 
for  networking  mechanisms  for  the  applicant  countries,  such  as  the  network  of 
inspectorates  and  local  governments  and  the  gradual  integration  of  the  applicant 
the  activities  of  the  European 
countries 
Environmental  Agency. 

the  LIFE  programme,  and 

into 

research 

Scientific 
actions 
through 
constitutes  a  key  objective  and  a  source  of  knowledge  for  the  sustainable 
management  of natural resources. 

joint  projects/concerted 

implemented 

The  enlargement  process  offers  challenges  and  opportunities  for  the  environment 
not  only  in  the  applicant  countries,  but  for  Europe  as  a  whole.  Coherent  policies 
need  to  be  applied  and  synergies  sought  between  the  enlargement  process,  wider 
regional environmental  co-operation  in Europe and global environmental issues. 

• 

Meeting  the  environmental  acquis  is  not  the  end-goal,  neither  for  the  candidate 
countries,  nor  for  the  European  Union.  The  challenge  of  full  integration  of 
environmental  and  sustainable  development  dimension  into  all  major  policy  areas 
remains  a major  and  urgent  challenge  for  the  whole  of  the  European  Union.  The 
process  of  enlargement  should  be  seen  in  this  wider  perspective  and  should  be 
managed  in  such  a  way  as  to  bring  the  objective  of  a  genuinely  sustainable 
development closer to home. 

16 

ANNEX 1: 

ESTIMATES ON COSTS OF ENVIRONMENTAL  COMPLIANCE 

In the preparation  process for the Agenda 2000 proposal  the Commission  conducted  a 
review  of  15  different  studies  related  to  the  costs  of  the  approximation  of  EU 
environmental legislation in the  10 associated  countries of Central  and Eastern  Europe. 
The  main  reference  documents  for  methodological  approach  and  factual  information 
used  were  OECD  reports  on  pollution  abatement  and  control  expenditure  in  OECD 
countries, the World Bank programmes in the region and country specific  costing work 
conducted by candidate countries themselves. 

The  Commission  asked  EDC  Consultants  from  Ireland  to  make  a  critical  analysis  of 
these  studies,  to  compare  the  findings  with  similar  work  done  for  the  Cohesion 
countries and to take into account the practical experience from  the German  unification 
process.  The  findings  of  this  critical  assessment  are  summarised  in  the  report 
"Compliance costing for  approximation  of EU environmental legislation  in the CEEC", 
May  1997, EDC Consultants. 

The findings of this work can be summarised as follows: 

• 

The total  investment  costs of meeting the environmental  acquis  are likely to be up 
to  ECU  120  billion  for  all  the  ten  associated  countries  in  Central  and  Eastern 
Europe. 

The bulk  of the investment  is likely to  be needed  in air pollution  abatement,  water 
and  wastewater  management  and  management  and  disposal  of  municipal  and 
hazardous waste 

• 

These  costs  and  their  impact  will  depend  on  the  timing  of  investments  and  the 
selection of most cost-effective  policy measures. 

More  detailed  country  and  sector  specific  information  can  be  found  in  the  above 
report. 

To  promote  the  realistic  and  coherent  further  costing  work  in  the  region  OECD 
organised  in  April  1997  a  seminar  for  the  candidate  countries  on  methodological 
approach. 
In  March  1998  environmental  economists  from  Member  States  debated 
methodologies  for  environmental  approximation  costings.  Further  guidance  and 
assistance  to  the  applicant  countries  on  practical  costing  work  has  been  arranged 
through  Phare  programme.  Recent  country  specific  information  confirms  that  the 
order of the magnitude of the first estimates is correct. 

-?> 

ANNEX 2 

PROGRAMMING  AND  MONITORING  OF  THE  TRANSPOSITION  AND 
IMPLEMENTATION  OF THE ENVIRONMENTAL  ACQUIS 

This annex  looks at the key steps to be followed  for  one  of the major  elements of this 
strategy,  namely  the  national  programmes  for  the  adoption  of  the  environmental 
acquis. 

The  establishment  of  such  detailed  national  programmes 
for  environmental 
approximation  will  form  the  basis,  both  for  the  management  of  the  pre-accession 
process under the Accession Partnerships, and further  full  compliance after  accession. 

Requirements of the Environmental  Acquis 

The  starting  point  for  an  approximation  programme  will  be  to  determine  the  overall 
requirements  of  the  acquis.  The  Commission  has  recently  published  a  "Guide  to  the 
Approximation  of European  Union Environmental  Legislation" (SEC(97)  1608), which 
will  be  available  in  all  the  national  languages  of  the  candidate  countries  and  can  be 
used by the countries to identify  key issues and steps in the process of transposing and 
implementing the environmental  acquis. 

Legal Gap Analysis 

Having  established  the  baseline  requirements,  the  next  step  will  consist  of  a 
comprehensive  legal  gap  analysis  to  identify  the  areas  where  existing  national 
legislation  will  have  to  be  modified  or  developed  in  order  to  comply  with  the 
environmental  acquis.  This  should  be  done  thoroughly,  directive  by  directive  and 
article  by  article,  in  order  to  ensure  full  coverage.  "Tables  of  concordance"  are  the 
practical instrument for this analysis. 

Identification  of Institutional  Needs 

the  directives.  Directives 

Often,  specific  obligations  to  establish  an  administrative  infrastructure  result  directly 
inspections, 
from 
monitoring,  record  keeping,  making  available  information  to  the  general  public, 
reporting  to  the  European  Commission,  clearly  call  for  national  authorities  to  fulfil 
these requirements. 

foreseeing  permits,  notifications, 

It  is  entirely  up  to  the  current  and  future  Member  States  to  define  the  responsible 
bodies  and  the  distribution  of  competencies  between  national,  regional  or  local 
authorities.  This  does  not  necessarily  require  a  complete  change  of  the  existing 
administrative  framework  in  the  candidate  countries.  Wherever  possible,  existing 
structures  and  experience  should  be  used  There  are,  however,  areas  in  most  of  the 
candidate countries which have not been covered  at all by any legislation,  where it will 
be  necessary  to  create  new  authorities.  Examples  of  this  are  genetically  modified 
organisms  and  the  chemical  accidents  covered  by  the  Seveso-directive.  Often  the 
environmental  acquis  can  only  be  implemented  by  strong  regional  and  local 

/If 

implementation  bodies.  As many  of the  applicant  countries  have  not  yet  been  able  to 
develop such bodies, this is likely to need special attention and additional  efforts. 

Legislative Programmes for the Adoption  of the Whole  Environmental  Acquis 

The  legislative  gap  analysis  visualised  by  the  tables  of  concordance  and  the 
administrative needs assessment,  form  the basis for  amending  or  drafting  the  necessary 
legislation.  It  is  advisable  to  set  up  a  proper  legislative  programme  with  precise 
timetables  for  the  different  stages  of  the  legislative  process.  Transparency  and  public 
participation  should be pursued through consultation  procedures. 

Strengthening of the administrative  infrastructure. 

Strengthening  of  the  administrative  infrastructure  has  been  understood  as  the 
regulatory  distribution  of  competencies  and  the  attribution  of  responsibilities.  In 
addition, it will be necessary to provide the administration  - as defined  in the legislation 
- with the practical  means to fulfil  its obligations.  This includes technical  infrastructure 
and sufficient  human resources with suitable professional  backgrounds.  It is very  likely 
that  substantial  institution  building  programmes  will  have  to  be  elaborated  and 
implemented in order to ensure the efficiency  of the environmental  administration. 

In addition to the national tasks for  the administration,  countries  should  be aware that, 
on the day of accession, participation  in a large number of formal  and informal  Council 
and  Commission  working  groups  will  be  expected.  This  places  a  considerable  burden 
particularly  on  small  countries.  A review  of the  environmental  acquis  considering  the 
establishment  of formal  regulatory  or  advisory  committees  will give  a first  idea  about 
the number of people likely to be involved. 

In  order  to  assist  the  strengthening  of  environmental  administrative  structures  in  the 
candidate  countries,  the  Commission  is developing  the  concept  of  institution  building 
in  priority  sectors  through  twinning  between  candidate  country  administrations  and 
corresponding  administrations  in  the  existing  Member  States.  Environment  has  been 
identified  as  a  key  priority  in  the  Accession  Partnerships  and  will  be  given  special 
attention in this context. 

Long-term  secondments  of  Member  State  officials  and  practitioners  involved  in  the 
implementation and enforcement  of the acquis will constitute the backbone of twinning 
operations,  which  may  also include  other  measures  required  to  achieve  well-specified 
objectives. 

Implementation  Programmes 

Implementation  programmes  containing  an environmental  sectoral  analysis,  priorities, 
annual  costs  for  the  implementation  of  the  various  sectoral  parts  of  the  programme, 
financing  strategies,  and realistic timetables specifying  target  dates of compliance are a 
crucial component of the National Programme for the Adoption  of the acquis. 

A  mechanism  for  continuously  monitoring  the  completion  of  the  programme  and  for 
annual  reporting  on  progress  should  be  included.  Implementation  programmes  will 

/I 

normally  consist  of  a  strategic  conceptual  planning  and  a  project  development  and 
implementation phase. 

A first step  of the  directive-specific  implementation  programmes  will  be  to  define  the 
scope  of each  individual  directive,  such  as the  number  of  installations  covered  by  the 
large  combustion  plants  directive,  or  the  potential  zones  subject  to  mandatory 
monitoring  as  foreseen  in  the  air  quality  framework  directive.  These  first  step 
assessments should include rough cost estimates. 

This primary  information  will form  the basis for  further  strategic  planning  to  take  the 
necessary  steps  for  full  compliance  with  the  acquis.  Strategic  implementation  plans 
need to be detailed  and  specific  enough  in order to  facilitate  focused  decision making. 
Strategic overall  planning will be a basis for  individual  implementation  decisions,  thus 
shifting  the work  from  national  to  regional  and  local  levels  and  to  the  private  sector. 
The individual  implementation  decision will be the responsibility  of these  implementing 
agencies.  However,  the  national  government  remains  responsible  for  ensuring  that 
implementation  progresses  according  to  timetables,  using  available  mechanisms  for 
this, such as efficient  enforcement  of the legislation. 

Co-ordination  and Monitoring 

All the  activities  which  have been  envisaged  for  the  pre-accession  period,  have to  be 
subject  to  regular  monitoring  and  review.  A comprehensive  monitoring  mechanism  is 
important  when  the  number  of  stakeholders  involved  is  likely  to  increase  during  the 
approximation process. 

It  would  therefore  be  advisable  to  establish  more  formal  and  structured  systems, 
particularly for communication and reporting. 

7*> 

ISSN 0254-1475 

COM(98) 294 final 

DOCUMENTS 

EN 

14  11  01 

Catalogue number  :  CB-CO-98-353-EN-C 

ISBN  92-78-36839-3 

Office  for Official  Publications of the European  Communities 

L-2985 Luxembourg