Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the Mid-term review of the Sixth Community Environment Action Programme {SEC(2007) 546} {SEC(2007) 547}
Date: 2007-04-30
Institutions: European Commission
Subjects: EU programme, action programme, biodiversity, climate change, environmental policy, environmental protection, quality of the environment, sustainable development

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 30.4.2007 
COM(2007) 225 final 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN 
ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE 
REGIONS 

on the 

Mid-term review of the Sixth Community Environment Action Programme 

{SEC(2007) 546} 
{SEC(2007) 547} 

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TABLE OF CONTENTS 

1. 

2. 

3. 

4. 

4.1. 

4.2. 

4.3. 

4.4. 

5. 

5.1. 

5.2. 

5.3. 

5.4. 

6. 

Introduction .................................................................................................................. 3 

State of the environment .............................................................................................. 4 

Growth, Jobs and the Environment.............................................................................. 4 

Assessing the 6th EAP priorities................................................................................... 6 

Climate Change............................................................................................................ 6 

Nature and Biodiversity ............................................................................................... 7 

Environment, health and the quality of life.................................................................. 9 

Natural Resources and Wastes ................................................................................... 10 

Perspectives for Better Policy-making....................................................................... 10 

Enhanced international co-operation.......................................................................... 10 

"Better Regulation" principles in environmental policy-making............................... 12 

Promotion of Policy Integration................................................................................. 15 

Improved implementation and enforcement .............................................................. 16 

Conclusions ................................................................................................................ 16 

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1. 

INTRODUCTION 

Environmental politics are at the centre of the European Union's mission to bring prosperity 
and  security  to  Europe's  citizens  within  a  framework  of  social  solidarity.  2006  has  been  a 
turning point and environmental issues are increasingly becoming integrated into the heart of 
government.  

Delivering a "Europe of Results" is a priority for this Commission, and the European Union's 
environment policy has been one of the Union's success stories in terms of providing tangible 
benefits  for  its  citizens.  EU  legislation  lies  behind  some  80%  of  national  environmental 
legislation.  It  is  responsible  for  major  improvements  in  air  and  water  quality  and  the 
elimination of pollutants such as lead in petrol. It allows the EU to assume global leadership 
on questions such as climate change. To ensure its long-term sustainability, the EU economy 
needs  to  be  based,  inter  alia,  on  sound  environmental  principles  and  EU  environment 
legislation  aims  to  provide  such  a  basis.  The  pursuit  by  the  Commission  of  a  high  level  of 
environmental  protection  also  encourages  eco-innovation,  which  when  achieved  promotes 
industrial efficiency and new employment. 

Environmental  issues  are  a  major  concern  for  the  European  public.  According  to 
Eurobarometer, 72% of EU citizens believe that environmental factors influence their quality 
of life “very much” or “quite a lot”1. The public is well aware that pollution does not stop at 
national borders and environment is one of the policy areas where there is most public support 
for EU action2.  

Over  the  last  30  years  the  EU  has  built  a  comprehensive  legislative  framework  for 
environmental protection and this process has been guided by strategic Environmental Action 
Programmes.  The  Sixth  Community  Environment  Action  Programme  (6th  EAP)3  establishes 
the  Community  framework  for  environment  policy  for  the  period  from  July  2002  to  July 
2012.  It  represents  the  environmental  dimension  of  the  EU's  Sustainable  Development 
Strategy and sets out environmental priorities with a particular focus on four issues:  

•  climate change;  

•  nature and biodiversity;  

•  health and the quality of life; and  

•  natural resources and waste.  

For each of these priority areas, the 6th EAP sets out specific objectives and priority actions. 
The  6th  EAP  also  addresses  a  number  of  cross  cutting  issues  -  that  include  the  overall 
formulation  and  implementation  of  environmental  policies.  It  also  sets  out  a  number  of 
strategic principles. 

1 

2 

3 

Specical  Eurobarometer  217  "The  attitudes  of  European  citizens  towards  environment",  Fieldwork 
November 2004, published April 2005. 
The May 2006 Eurobarometer survey found that 72% of European citizens felt that for the protection of 
the environment more decision-making should take place at a European level. 
Decision No 1600/2002/EC (OJ L 242, 19.9.2002, p. 1). 

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This  mid-term  review  addresses  three  distinct  questions.  Firstly,  it  assesses  the  extent  to 
which  the  Union  is  currently  meeting  the  commitments  made  in  the  6th  EAP.  Secondly,  it 
considers the most recent scientific evidence to judge if the approach set out in the original 6th 
EAP  is  sufficient  to  meet  the  current  environmental  challenges.  Thirdly,  it  considers  if  the 
EU's strategic approach to environmental policy should be reassessed in light of the changed 
political context since 2002 taking particular account of the recently revised EU Sustainable 
Development Strategy, the Lisbon Strategy for growth and jobs and the Commission's Better 
Regulation agenda. In the light of this assessment the review concludes on the extent to which 
the Community's priorities need to be revised for the period up to July 2012. 

2. 

STATE OF THE ENVIRONMENT 

The  starting  point  for  environmental  policy  is  a  scientific  understanding  of  the  state  of  our 
environment. Policy makers need to understand the extent to which environmental problems 
are  getting  better  or  getting  worse.  In  those  areas  where  the  situation  is  worsening  the 
challenge is to develop new and ambitious policy responses.  

One  main  finding  on  the  current  situation  of  Europe's  environment4  is  that  the  EU’s 
environment  policies  have  improved  the  quality  of  life  for  its  citizens  and  that  considerable 
progress  has  been  made  in  areas  such  as  reduction  of  greenhouse  gas  emissions,  wetland 
conservation,  sustainable  forest  practices  and  waste  management.  However,  the  overall 
conclusion is that despite the progress made the magnitude of many environmental challenges 
is  also  increasing  and  Europe  is  not  yet  on  the  path  towards  a  genuinely  sustainable 
development.  

3. 

GROWTH, JOBS AND THE ENVIRONMENT 

In  June  2006,  the  European  Council  adopted  a  renewed  Sustainable  Development  Strategy 
(SDS)  for  an  enlarged  EU5.  It  confirmed  that  sustainable  development  is  the  overarching 
objective of the European Union that governs all the Union's policies and activities. The 6th 
EAP provides the environmental dimension of the SDS6.  

The  concept  of  sustainable  development  is  underpinned  by  the  synergies  that  exist  between 
the  economic,  social  and  environmental  elements.  A  clean  and  healthy  environment  is 
essential  for  human  well-being  and  good  social  conditions.  However,  well  designed 
environmental policies can also contribute to other objectives of increasing competitiveness, 
stimulating economic growth and enhancing job creation.  

4 

5 
6 

The European Environment Agency's report on the state of the environment "State and Outlook (2005)" 
is the main scientific report used in the preparation of the Communication but since the publication of 
the  6th  EAP  the  scientific  understanding  of  the  scale  and  urgency  of  environmental  challenges  has 
improved  –  most  notably  due  to  the  work  of  the  International  Panel  on  Climate  Change,  the  Stern 
Report  on  the  economic  impact  of  climate  change  and  the  publication  of  the  Millennium  Ecosystem 
Assessment.  
Council of the European Union, 9 June 2006, document 10917/06. 
See Article 2(2) of the 6th EAP. 

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The costs of inaction 

Pollution  can  be  understood  as  an  example  of  "market  failure"  and  has  very  real  economic 
costs.  When  designing  policy  it  is  therefore  essential  to  identify  and  address  the  "costs  of 
inaction".  For  example,  air  pollution  results  in  losses  in  productivity  and  medical  expenses 
that cost the EU economy € 14 billion each year7.  

It  is  also  necessary  to  consider  that  the  cost  of  early  preventative  action  is  many  times  less 
than cleaning up damage that has already occurred. This point was underlined in the October 
2006  Stern  Review  on  the  Economics  of  Climate  Change  which  concluded  that  limiting 
temperature rises to safe levels would cost approximately 1% of global GDP while the cost to 
the global economy of a business as usual approach would be up to five times as much. The 
Millennium Ecosystem Assessment not only documented the loss of eco-system services but 
concluded that this results in major economic losses. 

A driver of innovation and resource efficiency 

The  need  to  improve  environmental  performance  can  trigger  innovation  which,  in  turn, 
contributes to competitiveness. Companies can achieve 'first mover advantages' by marketing 
their  environmental  solutions  and  innovations  to  other  companies.  A  good  example  is  wind 
energy where the EU is a world leader.  

Reducing  pollution  can  also  lead  to  more  efficient  production  processes.  The  resulting 
improvements in resource and energy efficiency can boost productivity while simultaneously 
reducing dependency on suppliers outside the EU.  

Environment  policy  has  helped  the  development  of  the  booming  sector  of  environmental 
technologies.  The  annual  turnover  of  European  eco-industries  is  € 227  billion  which 
represents approximately 2.2% of EU GDP. The sector accounts for 3.4 million full time jobs 
– or 1.7% of total EU employment8.  

The EU's environmental standards also contribute to Europe's prosperity by underpinning the 
single market. Without common standards we run the risk of “Eco-Protection” where national 
rules act as barriers to trade.  

Integrating environmental considerations into corporate strategies can also bring benefits for 
individual  companies.  In  addition  to  increased  innovation  and  productivity  this  can  bring 
stronger branding, an improved corporate image, and new market opportunities (for example 
by exploiting the opportunities offered by Green Public Procurement).  

Meeting  environmental  challenges  also  requires  co-ordinated  interdisciplinary  research  and 
innovation.  This  consideration  is  one  of  the  main  reasons  for  the  Commission's  proposal  to 
establish the European Institute of Technology which aims to pull together the best resources 
and expertise to deliver technological solutions to environmental problems. 

7 

8 

This  figure  does  not  take  into  account  the  costs  of  damage  by  air  pollution  to  ecosystems  and  to 
agricultural productivity. 
European  Commission,  DG  Environment,  "Eco-industry,  its  size,  employment,  perspectives  and 
barriers to growth in an enlarged EU", September 2006, final report. 

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4. 

ASSESSING THE 6TH EAP PRIORITIES 

To respond to the scientific reality, to deliver a "Europe of Results" in an area where citizens 
are demanding action, and to provide sustainable economic growth the EU needs a forward-
looking and ambitious environmental policy. In each of the priority areas identified by the 6th 
EAP there are outstanding challenges that need to be addressed.  

4.1. 

Climate Change  

The 6th EAP recognises climate change as "an outstanding challenge for the next 10 years and 
beyond"  and  aims  to  contribute  to  the  long-term  objective  of  "stabilising  greenhouse  gas 
concentrations  in  the  atmosphere  at  a  level  that  would  prevent  dangerous  anthropogenic 
interference with the climate system"9.  

Since the adoption of the 6th EAP our understanding of the risks linked to climate change has 
improved  and  our  response  must  be  changed  accordingly.  For  the  EU  there  are  three  main 
issues. 

Firstly we have to get our own house in order by cutting EU emissions of greenhouse gasses 
and making the shift towards a low carbon economy. Each Member State has committed itself 
to legally binding targets under the 'Burden Sharing Agreement'10 in order to reach the Kyoto 
target. The EU-wide Emissions Trading Scheme (ETS)11 has been successfully launched and 
is a mechanism that can be developed into a global scheme for limiting emissions. Progress 
towards  the  EU  reduction  commitment  under  the  Kyoto  Protocol  is  broadly  on  track  but 
achieving the target will require additional efforts12 from all sectors and in particular energy, 
transport, industry and agriculture.  

In March 2007 the European Council endorsed the Commission's proposal for an energy and 
climate  package.  It  made  an  independent  commitment  to  reduce  emissions  of  green  house 
gasses by at least 20% by 2020 and concluded that the reduction target would be increased to 
30% in the context of an international agreement that includes other industrialised countries. 
As a part of the package the Council set binding 2020 targets of 20% for renewable energy 
production and 10% of consumption for biofuels. It also stressed the need to increase energy 
efficiency in the EU13 and set the objective of reducing the EU's energy consumption by 20% 
compared to projections for 2020.  

The key challenge for the EU will be delivering on these political commitments and important 
next  steps  will  be  widening  the  ETS  to  cover  more  sectors  (such  as  aviation)  and  to  cover 
more gases. The Commission will also look to improve the effectiveness of the ETS through, 
among other things, a wider use of auctioning. the EU also needs to encourage the take up of 
renewable energies and increase research into new technologies such as carbon sequestration 

9 
10 
11 
12 

13 

See Article 2(2) of the 6th EAP. 
Decision 2002/358/EC (OJ L 130, 15.5.2002, p. 1). 
Directive 2003/87/EC (OJ L 275, 25.10.2003, p. 32). 
The EU is committed under the Kyoto Protocol to reducing greenhouse gas emissions by 8% from 1990 
levels by 2008-2012. 
This  is  a  particular  issue  in  the  new  Member  States  where  there  is  a  significant  potential  for  energy 
savings. 

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and storage, the use of hydrogen as a fuel and second generation bio-fuels14. As the necessary 
technologies are developed a supportive regulatory framework will also need to be elaborated. 
In order to set an example to other public institutions the Commission will set out a strategy 
for reducing its own carbon footprint by the end of 2007. 

To  tackle  climate  change  effectively,  much  greater  reductions  of  greenhouse  gas  emissions 
will  be  needed  at  global  level  and  this  is  why  the  second  challenge  is  "climate  diplomacy". 
The EU is responsible for around 14% of the world's greenhouse gas emissions15 – a figure 
that  will  decrease  as  countries  such  as  China  and  India  continue  to  develop.  The  EU  is 
committed to engaging with third countries in order to build support for a global agreement on 
greenhouse gas emission limitations when the first Kyoto Protocol period ends in 2012. This 
means convincing the United States, and other countries, that it is in their own interests to be 
at the forefront of the fight against climate change.  

A  global  response  will  also  mean  finding  a  way  to  allow  developing  countries  to  continue 
economic  growth  with  the  least  competitive  distortions,  but  with  decreasing  growth  in 
emissions. There will need to be an increase in technical assistance and technology transfers. 
Climate change, in all its dimensions (energy, development, transport, health), is increasingly 
part  of  the  EU's  core  external  policy.  If  we  are  to  define  the  global  response  then  both  the 
Commission and Member States will need to set diplomatic priorities (and allocate resources) 
accordingly. A specific and urgent challenge will be developing a mechanism to stop and then 
reverse global deforestation which is responsible for 20% of greenhouse gas emissions.  

The  third  challenge  is  adaptation  to  climate  change.  Expected  changes  in  temperature  and 
precipitation  as  well  as  increased  climatic  variability  will  have  an  effect  on  agricultural 
production  patterns.  The  risk  of  extreme  weather  events  -  such  as  heat-waves,  flooding, 
droughts and forest fires - will increase. Infrastructure will have to be built to take account of 
rising sea levels. The range of diseases will move as temperatures change. We are only just 
beginning  to  see  the  actual  impacts  of  climate  change  but  the  need  for  adaptation  must  be 
built in to all relevant European and national policies. In 2007, the Commission will present a 
Green Paper on adaptation to climate change which will put forward options for action. 

4.2. 

Nature and Biodiversity 

The  6th  EAP  confirmed  the  EU's  objective  of  halting  the  loss  of  Europe's  biodiversity  by 
2010.  At  the  global  level  the  EU  shares  the  objective  of  significantly  reducing  the  loss  of 
global biodiversity by the same date.  

In May 2006 the Commission published a strategy on how to meet these objectives. The main 
conclusion  of  the  strategy  is  that  inside  the  EU  the  policy  framework  is  already  largely  in 
place – most importantly with the NATURA 2000 network of protected areas. The priority for 
the EU must be the full and effective implementation of existing legislation.  

14 

15 

First-generation  biofuels  mainly  produced  from  food  crops  and  using  the  most  efficient  production 
methods lead to greenhouse emissions savings (30-50% lower than the conventional fuels they replace). 
However, the greenhouse gas savings and the overall environmental impact depend on the production 
pathways,  including  the  crops  used  as  feedstock.  In  developing  countries  the  cultivation  of  crops  for 
first  generation  biofuels  may  also  increase  pressure  towards  deforestation  if  it  leads  to  additional 
clearing  of  forest  land.  Higher  greenhouse  emissions  savings  are  expected  with  second  generation 
biofuels (up until 90%). 
http://ec.europa.eu/environment/climat/pdf/cc_factsheet_aug2005.pdf 

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NATURA  2000  is  the  cornerstone  of  our  policy  to  protect  Europe’s  biodiversity.  It  sets  a 
model for nature protection – science-driven, legally enforceable and based upon ecosystems 
as the basic unit. Four major challenges will be making sure that available EU funds are fully 
used for nature protection, extending NATURA 2000 to cover marine areas, completing the 
designation  of  sites  in  the  Member  States  that  have  joined  the  Union  since  2004,  and 
understanding and then responding to the impact of climate change on the network. 

The  strategy  identifies  areas  where  new  policy  initiatives  should  be  developed.  One  will  be 
addressing the impact of trade on biodiversity. Another will be developing an EU response to 
the problem of invasive species. In order to improve our decision-making, at EU and national 
levels,  a  better  way  of  evaluating  the  costs  and  benefits  related  to  natural  capital  and 
ecosystem services needs to be found.  

The strategy also addresses the issue of global biodiversity loss where, despite the important 
work carried out by the Convention on Biological Diversity (CBD), progress has been limited. 
The  scale  of  the  challenge  faced  means  that  additional  approaches  are  needed  and  most 
importantly a way has to be found to make it economically interesting to protect bio-diversity. 
Appealing to nature’s intrinsic value is not going to be enough on its own. The EU will work 
to advance the work on access to and sharing of the benefits from genetic resources. This will 
also mean that developed countries should increase the amounts of development funding for 
biodiversity  projects  and  should  commit  to  further  removing  environmentally  damaging 
subsidies. 

It will be necessary for the EU to step up efforts to stop deforestation which, in addition to its 
impact on climate change, is one of the most important reasons for global biodiversity loss. 
Illegal  logging  is  a  major  problem  and  the  Commission  recently  began  negotiations  with 
Malaysia,  Ghana  and  Indonesia  under  the  Forest  Law  Enforcement,  Governance  and  Trade 
(FLEGT) agreement. The objective is to ensure that timber imported from partner countries is 
legally  harvested.  To  complement  this  process,  the  Commission  will  present  a  further 
proposal  on  the  marketing  of  tropical  timber.  The  Commission  will  also  explore  innovative 
approaches such as attaching an economic value to stop global deforestation.  

Bottom-trawling  is  a  practice  which  is  highly  destructive  to  the  ocean  floor  and  poses 
significant risks to marine biodiversity. The UN General Assembly has reviewed the status of 
this key issue and issued guidance16 on measures aimed at the protection of vulnerable marine 
ecosystems.  The  Commission  will  propose  legislation  to  implement  this  Resolution  by 
establishing  legal  requirements  on  the  assessment  and  prevention  of  the  impacts  of  bottom 
fishing gears, identification and closure of vulnerable areas, and sharing of information. 

The Commission's objective is to continue working with Member States in order to introduce 
eco-system  based  management  for  the  worlds’  fisheries  and  to  eliminate  destructive  fishing 
practices on the High Seas. The Union will continue its support of a continued international 
moratorium on commercial whaling.  

16 

Resolution 61/105. 

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4.3. 

Environment, health and the quality of life 

The 6th EAP aims at "… providing an environment where the level of pollution does not give 
rise to harmful effects on human health and the environment"17.  

Four pieces of legislation form the foundation of the EU's approach to limiting environmental 
threats  to  human  health:  the  Water  Framework  Directive18  (adopted  in  2000),  the  2006 
Regulation  on  the  Registration,  Evaluation  and  Authorisation  of  Chemicals  (REACH)19,  the 
current  proposal  for  a  directive  on  ambient  air  quality  and  cleaner  air  for  Europe20,  and  the 
proposal for a framework directive on pesticides21.  

These initiatives are either relatively new or are still being considered by the EU institutions. 
The  medium  term  priority  will  be  working  with  all  stakeholders  to  ensure  their  effective 
implementation.  

Efforts on national implementation of the Water Framework Directive need to be stepped up 
and  in  order  to  do  this  sufficient  funding  should  be  made  available  by  national  authorities. 
Improved implementation of the Urban Waste Water Treatment Directive22 and groundwater 
legislation will substantially reduce point-source emissions.  

The Thematic Strategy on Air Pollution23 proposes action to deal with small particles and also 
tackles other forms of air pollution. Realising the objectives set out in the strategy will require 
the adoption and subsequent implementation of the Directive on ambient air and cleaner air 
for Europe, as well as the adoption of supporting Community measures such as legislation on 
heavy  duty  vehicle  emissions  and  the  revision  of  the  existing  legislation  on  industrial 
emissions (IPPC Directive).  

The  REACH  regulation  aims  to  ensure  a  high  level  of  protection  of  human  health  and  the 
environment,  including  the  promotion  of  alternative  methods  for  assessment  of  hazards  of 
substances,  as  well  as  the  free  circulation  of  substances  on  the  internal  market  while 
enhancing competitiveness and innovation. It will lead to better and earlier identification of 
the  properties  of  chemicals  (and  innovative  substances)  and  to  the  identification  and 
application of appropriate risk management measures.  

To  shape  the  next  generation  of  environment  policies,  the  Commission  will  assess  whether 
there are gaps in existing measures that need to be addressed, such as the cocktail effect of chemicals. 
Whilst respecting the principle of subsidiarity, the Commission will continue to look at ways to 
improve  the  urban  environment  (where  over  70%  of  the  EU  population  resides).  The 
Commission  will  also  work  to  improve  public  information  on  environmental  pollution  and 
adverse health impacts.  

17 
18 
19 
20 
21 
22 
23 

See Article 2(2) of the 6th EAP. 
Directive 2000/60/EC (OJ L 327, 22.12.2000, p. 1). 
Regulation (EC) No 1907/2006 of 18 December 2006 (OJ L 396, 30.12.2006, p. 1). 
COM(2005) 447, 21.9.2005. 
COM(2006) 373, 12.7.2006. 
Directive 91/271/EEC of 21 May 1991 (OJ L 135, 30.5.1991). 
COM(2005) 446, 21.9.2005. 

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4.4. 

Natural Resources and Wastes 

The  6th  EAP  aims  at  "better  resource  efficiency  and  improved  resource  and  waste 
management, 
to  help  bring  about  more  sustainable  patterns  of  production  and 
consumption"24.  

Increasing  commodity  prices  are  a  signal  that  the  supply  of  natural  resources  is  finite.  The 
EU's  social  and  economic  development  must  take  place  within  the  carrying  capacity  of 
ecosystems.  The  amount  of  waste  continues  to  grow  and  the  inability  to  break  the  link 
between economic growth and the environmental impacts of resource use, consumption and 
waste remains an essential concern.  

The Thematic Strategy on Waste Prevention and Recycling25 provides the basis for future EU 
waste  management  policy.  The  implementation  of  the  Strategy,  including  the  proposed 
framework Directive on Waste26, the Landfill Directive and the Waste Shipment Regulation, 
will be a priority over the coming years. Particular urgency will be paid to the sectors that are 
responsible for the greatest use of resources (housing, transport and food production) and to 
areas where implementation gaps have been identified. The Commission is committed to halt 
illegal shipments of hazardous waste to third countries and will adopt the measures necessary 
to better implement EU legislation in this area.  

The  6th  EAP  aims  to  decouple  economic  growth  from  environmental  degradation.  The 
Thematic  Strategy  on  the  sustainable  use  of  natural  resources27  provides  a  long-term 
framework  for  achieving  this  objective  and  takes  the  first  steps  towards  making  the  EU  the 
most resource-efficient economy in the world.  

The  Thematic  Strategy  on  the  prevention  and  recycling  of  waste  and  the  closely  linked 
revision  of  the  Waste  Framework  Directive  contribute  to  this  goal.  They  underscore  the 
importance  of  life-cycle  thinking  in  implementing  the  "waste  hierarchy"  that,  as  a  guiding 
principle  in  waste  policy,  calls  in  its  first  three  steps  for  waste  prevention,  re-use  and 
recycling in descending order of priority. 

In 2007, the Commission will also propose an EU Sustainable Consumption and Production 
Green  Paper,  aiming  to  reverse  unsustainable  patterns  of  consumption  and  production  in 
sectors most concerned taking account of the impacts over the full life cycle of products. 

5. 

PERSPECTIVES FOR BETTER POLICY-MAKING 

5.1. 

Enhanced international co-operation 

The international dimension of environment policy is increasingly important for a number of 
interlinked  reasons.  Many  of  the  most  serious  environmental  problems,  such  as  climate 
change, are global in nature. The quality of the European environment is also dependent on 

24 
25 
26 
27 

See Article 2(2) of the 6th EAP. 
COM(2005) 666, 21.12.2005. 
COM(2005) 667, 21.12.2005. 
COM(2005) 670, 21.12.2005. 

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the  approach  taken  by  our  neighbours.  Efforts  to  improve  the  quality  of  the  Mediterranean, 
Baltic and Black Seas will only succeed if a regional approach is taken28. 

Some  aspects  of  globalisation,  including  trade  liberalisation,  could  if  unchecked  have 
damaging  environmental  impacts.  There  is  also  an  increasingly  clear  link  between 
environment degradation and global poverty and between environmental security and political 
security. Encouraging sustainable development in our international partners will help us meet 
other external policy objectives – including the Millennium Development Goals. Against this 
context the new European Consensus on Development sets the eradication of poverty in the 
context  of  sustainable  development,  as  the  primary  and  overarching  objective  of  EU 
development cooperation.  

Europe is a densely populated and an economically advanced continent which means that we 
use more environmental resources than we produce. This needs to be addressed if the EU is to 
reduce  its  contribution to global pollution and resource  depletion. At  the same  time, we are 
dependent on using the environmental resources of third countries and have a strong interest 
that these resources be used in a sustainable manner.  

Taken  together,  these  considerations  mean  that  Europe’s  external  actions  must  address 
environment policy on a number of different levels. In the coming years the Commission will 
concentrate on:  

–  Promoting  sustainable  development  worldwide  and  further  mainstreaming  environmental 
considerations into all EU external policies – not only our development assistance but also 
trade  and  the  Common  Foreign  and  Security  Policy.  In  response  to  the  2006  Court  of 
Auditors report which highlighted the shortcomings of development policies, programmes 
and  projects  will  take  adequate  account  of  environmental  requirements29  and  a  new 
environment integration strategy will be drawn up.  

–  Effective  "environmental  diplomacy"  will  mean  linking  environmental  objectives  with 
other international negotiations. It will be necessary to use the full potential of trade and 
cooperation  agreements  at  regional  or  bilateral  levels.  The  EU  will  continue  to  promote 
sustainable  development  issues  in  the  context  of  WTO  negotiations.  In  the  ongoing 
multilateral trade round in the WTO the EU is working towards commitments to liberalise 
trade  in  environmental  goods  and  services.  Furthermore,  the  Commission  will  work  to 
ensure that there is more coherence between  the positions taken at different international 
fora  –  for  example  at  the  World  Trade  Organisation  and  the  Convention  on  Biological 
Diversity. The Commission will also aim to develop closer working links with activities of 
the main International Financing Institutions.  

–  The negotiations for Free Trade Agreements with partners in Asia and Latin America will 
be an opportunity to boost trade in sustainable goods and services. The EU will use these 
upcoming negotiations to discuss specific trade liberalisation commitments that have direct 
environmental  benefits  as  well  as  commitments  to  the  effective  implementation  of 
Multilateral Environmental Agreements. 

28 
29 

COM(2007) 160: Black Sea Synergy - a new regional co operation initiative. 
European  Court  of  Auditors:  Special  Report  No  6/2006:  The  environmental  aspects  of  the 
Commission's development co-operation.  

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–  Promoting  our  environmental  policies  and  requirements.  One  of  the  EU's  greatest 
contributions to environment protection has been encouraging the spread of our own high 
requirements.  Intensive  preparatory  work  meant  that  following  enlargement  the  12  new 
Member States have been able to adopt the environment policies and norms of the EU30. 
Similar work continues with current candidate and potential candidate countries. All action 
plans under the European Neighbourhood Policy contain specific actions to promote good 
environmental  governance,  convergence  with  the  EU  and  mainstreaming  of  the 
environment  into  sectoral  policies.  EU  environmental  standards  are  also  promoted  in 
ongoing activities with Russia. 

–  Promoting  the  transfer  of  technology  and/or  resources  with  developing  countries  as  an 
incentive for them to address global problems such as climate change. The EU should take 
the  lead  in  promoting  this  principle  and  in  developing  instruments  that  can  make  it 
operational  including  a  supportive  regime  for  intellectual  property  rights.  To  enhance 
cooperation  with  developing  countries  in  areas  of  climate  change  adaptation  and 
mitigation, a Global Climate Policy Alliance will be set up. 

–  Working  with  Member  Sates  in  order  to  develop  regional/country  support  strategies  that 

adequately address environment and natural resource management issues.  

–  Intensifying,  together  with  Member  States,  the  dialogue  with  key  emerging  economies 
such as China, India, Brazil, Ukraine and South Africa. The priority over the coming years 
will be to move beyond dialogue and towards the development and implementation of joint 
programmes  in  areas  of  mutual  concern  such  as  climate  change,  waste  management  and 
illegal logging.  

–  Improving  international  environmental  governance  where  a  priority  is  to  upgrade  the 
United  Nations  Environment  Programme  (UNEP)  by  establishing  a  UN  Environment 
Organisation (UNEO) with a strengthened mandate and adequate, predictable financing.  

–  Setting  up  an  International  Panel  on  the  Sustainable  Use  of  Natural  Resources  and 
supporting  a  global  system  to  monitor  the  levels  of  biodiversity  (in  particular  as  regards 
forests). 

–  Making  sure  that  European  environmental  policy  concerns  are  also  taken  forward  in 
coordination  with  Member  States  in  specialised  organisations  such  as  the  International 
Maritime Organisation and the International Civil Aviation Organisation. 

5.2. 

"Better Regulation" principles in environmental policy-making  

Better regulation means achieving policy objectives – such as protecting the environment – as 
effectively  as  possible  while  ensuring  that  unnecessary  administrative  burdens  are  avoided. 
Better and simpler legislation is also one of the best ways of improving implementation which 
in  turn  improved  the  quality  of  the  environment.  In  the  coming  years,  the  Commission  will 
focus on strengthening the Better Regulation agenda in environment policy-making by:  

– 

using the market to deliver environmental results;  

30 

The net impact has been a significant improvement in the state of the environment in the EU. 

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– 

– 

– 

– 

simplifying the existing regulatory environment and reducing administrative costs; 

cooperating  fully  with  civil  society  when  developing  environmental  policies  and 
developing a close working relationship with industry in order to promote sustainable 
development agenda; 

promoting the dissemination of good regulatory practices; and  

streamlining  reporting  requirements  while  improving  the  quality  of  environmental 
information.  

Using the market to deliver environmental results 

Well  designed  regulation  is  the  foundation  of  the  EU's  environmental  policies,  but  market 
mechanisms  can  be  used  as  a  part  of  the  policy  mix  in  order  to  deliver  environmental 
objectives  in  a  cost-effective  manner  and  to  contribute  to  effective  implementation.  The 
Emissions  Trading  System  is  one  example  and  Commission  has  recently  adopted  a  Green 
Paper on market-based instruments for environment and related policy purposes31. The 2007 
revision of the IPPC Directive will also consider if market-based mechanisms can be used to 
strengthen implementation and to promote innovation. 

Using the market also means finding a mechanism to put a correct valuation on environmental 
goods and services. An important instrument which can influence consumer behaviour is the 
optimal use of environment related taxation32. However, these taxes need to be applied such a 
way  as  to  avoid  distorting  the  functioning  of  the  internal  market  and  to  maximise  the 
environmental benefit. There is also a strong argument for shifting the tax burden away from 
areas  the  EU  is  trying  to  promote,  such  as  employment,  and  onto  resource  and  energy 
consumption  and/or  pollution.  The  EU  is  also  committed  to  removing  environmentally 
damaging subsidies and by 2008 the Commission will put forward a roadmap for the reform, 
sector by sector, of these subsidies with a view to eliminating them.  

Against this context it will be useful for policy makers to be able to measure progress, wealth 
and well-being in a way that incorporates social and environmental costs and benefits. Gross 
Domestic  Product  (GDP)  is  the  best-recognised  measure  of  economic  performance  and  is 
often  regarded  as  a  proxy  indicator  of  human  development  and  well-being.  However,  the 
relationship  between  economic  growth  as  measured  by  GDP  and  other  dimensions  of 
sustainable development is not straightforward33. To bring these issues to the forefront of the 
environmental debate the Commission will sponsor a major conference during 2007.  

Following on from the recommendations made in the Sustainable Development Strategy the 
Commission  will  also  work  to  improve  the  environmental  performance  for  products  and 
processes  and  encouraging  their  uptake  by  business  and  consumers.  The  Commission  will 
propose an extension of performance labelling schemes from electrical appliances and cars to 

31 
32 

33 

COM(2007) 140, 28.3.2007. 
Growth,  Competitiveness,  Employment:  The  Challenges  and  Ways  Forward  into  the  21st  Century  - 
White Paper - COM(93) 700, chapter 10. 
For  example,  GDP  does  not  measure  the  sustainability  of  growth  and  a  country  may  achieve  a 
temporarily high GDP by over-exploiting natural resources or by misallocating investment. Even large-
scale  natural  disasters  such  as  the  South  Asian  Tsunami  or  Hurricane  Katrina  can  show  up  (in  a 
perverse way) as positive for GDP. 

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other  groups  of  products..  The  Commission  will  also  take  the  lead  in  a  regular  EU-wide 
benchmarking of Green Public Procurement performance with the aim of having, by 2010, an 
EU average level of Green Public Procurement that is equal to the current levels in the best 
performing Member States.  

Simplification, codification and reduction of administrative burden 

The Commission envisages revising a number of important legal instruments, with a view to 
further simplification, codification and reduction of administrative burden. The objective will 
be  to  improve  their  effectiveness  in  delivering  environmental  objectives  while  at  the  same 
time reducing the administrative and implementation costs for businesses.  

Working Closely with Stakeholders 

The  Commission  will  continue  to  work  closely  with  civil  society  when  formulating 
environmental  policies.  Non  Governmental  Organisations  (NGOs)  are  the  institutions  most 
trusted  by  the  public  when  it  comes  to  environmental  issues34,  NGOs  often  have  technical 
expertise  that  is  essential  when  designing  effective  policies.  They  can  also  provide  an 
invaluable link between policy makers and Europe's citizens.  

A better approach to regulation also requires a good working relationship with industry – who 
are  ultimately  responsible  for  implementing  the  majority  of  environmental  laws.  Many 
industry  leaders  have  internalised  the  environmental  agenda  into  their  business  models  and 
the  Commission  will  enter  into  an  active  dialogue  with  these  leading  industries.  The 
Commission will also build on its dialogue with business, trade unions and NGOs in order to 
develop  ambitious  business  responses  -  such  as  corporate  reporting  -  which  go  beyond 
existing minimum legal requirements. 

technologies  as 

The Commission and Member States will need to continue efforts to promote eco-innovations 
and  environmental 
important  contributions  on 
environmental  protection.  The  key  to  this  will  be  full  implementation  of  the  Environmental 
Technologies  Action  Plan  and  complementary  measures.  The  Commission  will  seek  to 
integrate support for environmental products, services and processes into its industrial policy 
as well as its environmental policy. When the Union’s research and technology policy is re-
examined in 2008, it should be given an even greater environmental focus. 

industry  can  make 

There is also a need to improve the functioning of the voluntary instruments that have been 
designed  for  industry:  EMAS  and  Ecolabel.  These  tools  have  a great  potential  but  have  not 
been  fully  developed.  The  Commission  will  revise  these  schemes  in  order  to  promote  their 
uptake and reduce administrative burdens in their management. 

Promoting good regulatory practices 

The  Commission  will  improve  the  monitoring  of  policy  effectiveness  and  promote  a  more 
structured dissemination of good practices. Research from the European Environment Agency 
has  shown  that  the  administrative  costs  in  some  Member  States  for  implementing 
environmental  laws  are  much  lower  than  in  others.  By  turning  best  practices  into  standard 

34 

Eurobarometer 217 “Attitudes of European citizens towards the environment” (April 2005). 

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practices  we  will  reduce  these  costs  and  increase  the  environmental  effectiveness  of  our 
policies.  

Simplified and improved environmental information 

The development and implementation of environment policy depends on robust and reliable 
information on the state of the environment, the pressures and impacts on it, and the drivers 
for change. The current supply and coverage of information on environmental issues remains 
patchy  and  data  quality  is  variable.  Ongoing  efforts  to  modernise  the  way  information  is 
created  and  exchanged  will  be  stepped  up,  in  particular  by  the  development  of  a  Shared 
Environmental  Information  System  (SEIS)  to  ensure  wide  availability  of  the  information 
implement  environment  policy,  while  cutting  unnecessary 
needed 
administrative burdens on Member State authorities. 

to  develop  and 

5.3. 

Promotion of Policy Integration  

The  integration  of  environmental  concerns  into  other  policy  areas  is  one  of  the  basic 
principles of environmental policy. It is enshrined in Article 6 of the EU Treaty – but progress 
has been mixed. In the agricultural sector there have been fundamental reforms over the last 
15  years  that  have  moved  towards  seeing  farmers  as  stewards  of  nature.  However,  the 
integration of environmental concerns into other areas has been less successful. The Cardiff 
process – which was set up in 1998 in order to institutionalise this type of integration – has 
not lived up to expectations.  

Impact  assessments  are  now  a  standard  feature  of  the  policy  making  process  and  there  is 
scope  for  greatly  improving  the  assessment  of  the  environmental  impact  that  other  policies 
will  have.  The  Commission  is  committed  to  improving  the  ability  of  these  assessments  to 
measure  environmental,  economic  and  social  impacts  of  its  policy  proposals.  The  Impact 
Assessment Board will be an important tool for achieving this and sufficient resources should 
be made available to ensure that all impact assessments include an assessment of the effects 
on sustainable development.  

To  improve  the  assessment  of  environmental  impacts  at  national  level  the  Commission  will 
review  the  effectiveness  of  Directives  on  Environmental  Impact  Assessments  and  Strategic 
Environmental Assessments. The Commission will seek to speed up these procedures while 
ensuring that the protection of the environment is not compromised35. 

The Commission will explore all possibilities to further integrate environmental concerns into 
other policies, for example agriculture, research and development policy. Plans and projects 
financed  by  the  EU  must  comply  with  EU  law,  including  environmental  law.  Cross-
compliance  has  proved  to  be  effective  in  contributing  to  the  integration  of  environmental 
concerns into the Common Agricultural Policy and the Commission will investigate whether 
this tool could be usefully extended to other policy areas, such as fisheries and transport.  

The  Commission  will  produce  a  strategic  framework  in  order  to  address  the  issue  of  policy 
integration. It will pay particular attention to the sectors where there is the greatest potential 

35 

For instance, in its Priority Interconnection Plan, which is a part of the Energy Package adopted by the 
Commission  on 10  January 2007,  the  Commission  already  proposed  to reduce planning  and  approval 
procedures to a maximum 5 years for TEN-projects of European interest. 

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for policy synergies in order to improve the quality of the environment (agriculture, fisheries, 
transport,  energy,  regional  and  industrial  policy  and  EU  external  relations).  At  the  Member 
State  level,  different  Council  formations  should  produce  annual  reports  on  how  they  have 
dealt with the obligation to integrate environmental issues into their work.  

5.4. 

Improved implementation and enforcement  

After  35  years  of  legal  development  a  common  environment  policy  framework  is  now  in 
place. However, the high number of complaints and infringement procedures are a sign that 
the  implementation  of  environmental  legislation  remains  far  from  satisfactory.  Only  by 
ensuring the correct implementation of the acquis will it be possible to realise environmental 
objectives.  Effective  implementation  is  also  a  key  element  of  the  Better  Regulation  agenda 
and  is  needed  to  avoid  a  distortion  of  competition  and  to  keep  the  single  market  running 
smoothly.  This  is  a  particularly  important  challenge  following  enlargement  -  with  new 
Member States having to digest the acquis in a single go. The Commission will work together 
with  Member  States  to  increase  in  the  overall  ability  of  environmental  institutions  to 
successfully implement EU standards.  

The Commission will also encourage Member States to make use of funding opportunities at 
EU  level,  to  ensure  that  their  programming  of  expenditure  under  the  various  instruments36 
contributes to improved implementation of EU environmental legislation.  

In 2007, the Commission will draw up a revised strategy on implementation and enforcement 
of  EC  environment 
the  systematic 
implementation failures that have been identified and will encourage the use of a mix of legal 
and non-legal instruments.  

law.  This  strategy  will  focus  particularly  on 

Taking  into  account  a  relevant  judgement  of  the  Court  of  Justice37,  and  the  urgency  of  the 
matter as illustrated by the lethal dumping of toxic waste in the Ivory Coast, the Commission 
has proposed a Directive on the protection of the environment through criminal law38 which 
aims at improving the deterrence and prosecution of environmental crime.  

6. 

CONCLUSIONS  

After half a century of “building Europe”, the EU's environment policy has become one of its 
major achievements. There have been substantive reductions of harmful emissions into air and 
water, waste is better managed, and there are fewer harmful chemical substances. All this has 
improved human health. It has helped European industry to become world leader in a number 
of high growth sectors and created millions of jobs.  

Despite the progress that has been made the EU’s level of ambition needs to be increased. The 
5th  Environmental  Action  Plan  was  adopted  in  1992  with  the  title  “Towards  Sustainability” 
and  in  1999  sustainable  development  was  fixed  as  one  of  the  treaty-based  objectives  of  the 

36 

37 
38 

Cohesion Policy instruments, European Agricultural Fund for Rural Development, European Regional 
Development  Fund,  European  Social  Fund,  European  Fisheries  Fund,  Research  and  Competitiveness 
and  Innovation  framework  programmes,  and  under  the  new  single  instrument  for  the  environment, 
LIFE+. 
C-176/03, 13 September 2005. 
COM(2007) 51. 

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European  Union.  However,  the  EU  is  not  yet  on  the  path  of  sustainable  environmental 
development. There has only been limited progress with the fundamental issues of integrating 
environmental  concerns  into  other  policy  areas  and  improving  the  enforcement  of  EU 
legislation.  Many  environmental  pressures  are  actually  increasing:  global  emissions  of 
greenhouse gasses are rising, the loss of biodiversity is accelerating, pollution still has a major 
effect on public health, the amount of waste produced inside the EU continues to increase, and 
our ecological footprint is steadily growing.  

Climate change, biodiversity, health and resource use remain the most pressing environmental 
challenges and the 6th EAP is still the correct framework for future action at Community level. 
The EU is generally on-track with adopting the measures outlined in the Action Programme. 
However, five years into a ten-year Programme it is too early to see the results of most of the 
measures  proposed  under  the  6th  EAP.  Many  have  only  recently  been  adopted  and  ensuring 
implementation will therefore be the immediate priority of the Commission.  

A  review  of  the  most  recent  scientific  situation  does  reveal  several  gaps  between  the 
objectives set in the 6th EAP and the measures set out for achieving these objectives. In these 
areas existing measures will have to be strengthened or new measures adopted.  

The environment is a policy area where the EU can deliver tangible benefits for its citizens in 
the  form  of  an  improved  living  and  working  conditions.  It  is  also  a  policy  area  where  a 
significant majority of European citizens support further and even more effective action. As 
the  EU  celebrates  its  first  50  years  -  and  looks  towards  the  next  50  years  -  it  is  clear  that 
developing and implementing policies that can effectively protect Europe’s environment will 
be at the heart of the European “project”. For the period until 2012 implementing and building 
upon the 6th EAP will be at the centre of this work. 

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