Communication from the Commission to the Council and the European Parliament - 2008 Environment Policy Review {SEC(2009)842}
Date: 2009-06-24
Institutions: European Commission
Subjects: EU environmental policy, biodiversity, climate change, environmental protection, greenhouse gas, management of resources, pollution control measures, reduction of gas emissions, sustainable development

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 24.6.2009 
COM(2009) 304 final 

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE 
EUROPEAN PARLIAMENT 

2008 Environment Policy Review 

{SEC(2009)842} 

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2008 ENVIRONMENT POLICY REVIEW  

Introduction  

The  EU  faces  growing  challenges  from  fluctuating  commodity,  food  and  energy  prices, 
increasing environmental pressures and an unprecedented economic crisis. These challenges 
underline the need and opportunities for Europe to move faster towards a resource-efficient, 
low-carbon  economy.  This  last  Environment  Policy  Review  under  the  current  Commission 
highlights  the  achievements  made  in  2008  that  prepare  for  this  change.  It  identifies  major 
policy initiatives underway and the challenges that will require greater effort. 

New opportunities and challenges in 2008 and beyond 

Environment policy at top of policy agenda 

Environment policy has left the sidelines and is now one of the most important policy issues. 
96%  of  Europeans  say  protecting  the  environment  is  important  to  them1  and  they  are  very 
concerned about issues such as climate change and pollution. 

Environment policy considerations increasingly spill over into transport, energy, agricultural, 
cohesion,  industrial  and  research  and  development  policies.  Energy  policy  aims,  among 
others,  to  move  us  to  a  low-carbon  economy.  Issues  of  sustainable  development  underpin 
decisions on the use of structural funds. Agriculture policy increasingly promotes sustainable 
land and resource management. The “Health Check” of the Common Agricultural Policy2 in 
November  2008  proposed  a  further  shift  of  EU  funding  towards  rural  development,  away 
from  direct  payments.  Member  States  are  required  to  spend  these  Community  funds  to 
address among others the challenges of biodiversity and nature protection, renewable energy, 
waste and water management, clean transport and climate change.  

Yet many environmental degradation trends are not being reversed. The effort and investment 
needed to move to a low-carbon resource-efficient economy will be significant. 

The crisis is an opportunity to green the economy 

The recent economic crisis has sent shock waves around the globe, reaching all parts of the 
economic  system.  In  the  EU,  national  governments,  the  European  Central  Bank  and  the 
Commission  have  worked  closely  to  restore  confidence,  protect savings,  maintain  a  flow  of 
affordable credit and improve governance. 

The crisis is a crucial opportunity to “green” our economy and lay the foundations for low-
carbon  and  resource-efficient  growth.  As  the  downturn  influences  our  policies,  a  stronger 
environment  policy  can  help  spark  economic  recovery  and  lasting  EU  competitiveness.  The 
European Economic Recovery Plan3 adopted by the Commission in November 2008 includes 

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Special Eurobarometer 295 (2008) 
Council Regulation (EC) No 72-73-74/2009 
COM(2008) 800 

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measures and tools to improve energy efficiency, boost sales of green products, develop ICT 
Broadband Infrastructure and clean technology for cars and construction.  

Climate change — one of the greatest threats facing the planet 

The  consequences  of  climate  change  are  already  being  felt,  with  rising  sea  levels  and  more 
frequent extreme weather. The Fourth Assessment Report4 of the Intergovernmental Panel on 
Climate Change projected that global average surface temperatures could rise by 1.8 - 4.0°C 
this  century,  and  if  unchecked,  would  reach  the  threshold  at  which  catastrophic  change 
becomes  far  more  likely.  The  Stern  Review5  on  the  Economics  of  Climate  Change  showed 
that the costs of inaction on climate change significantly outweigh the costs of action to tackle 
it. 
In October 2008 the annual progress report6 on implementing the Kyoto Protocol showed that 
the  EU  and  most  Member  States  are  on  track  to  meet  their  commitments.  The  projections 
indicate that the EU-15 will achieve its -8% target through existing measures, the purchase of 
emission  credits  from  third  countries  and  forestry  activities  that  absorb  carbon.  Measures 
under discussion could bring more reductions.  
Still, the EU accounts for about 10.5% of global emissions7 and its efforts will not be enough 
to  mitigate  climate  change  unless  further  action  is  taken  globally.  International  negotiations 
are now taking place on a global climate change agreement to take effective action after 2012 
when the Kyoto commitments end. This must involve all big emitters: USA, China, India and 
other large developing countries, which currently do not have reduction targets under Kyoto. 

In December 2008 the UN Climate Conference in Poznan assessed the progress made on the 
Roadmap  agreed  at  the  2007  Bali  conference  and  provided  additional  political  guidance  for 
the post-Kyoto 2012 negotiations. It launched the UNFCCC8 Adaptation Fund and the Poznan 
Programme  on  Technology  Transfer  and  made  progress  on  several  technical  issues,  such  as 
reducing  emissions  from  deforestation  and  forest  degradation.  Most  importantly,  Poznan 
established a negotiation programme to lead to a final agreement at the December 2009 UN 
Climate Conference in Copenhagen. Given the EU’s leadership, decisions reached there will 
require legislative follow-up and action on several fronts in 2010 and beyond. 

The EU climate and energy package 

Commission proposals for integrated climate change and energy policy were endorsed by the 
Council in March 20079.  The EU committed to  cut its  greenhouse gas (GHG) emissions by 
30% of 1990 levels by 2020 if other developed countries agreed comparable reductions or by 
at least 20% if they did not. 

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http://www.ipcc.ch/ipccreports/assessments-reports.htm  
http://www.hm-treasury.gov.uk/sternreview_index.htm  
COM(2008) 651 
Source:  EEA  Report  No  5/2008.  The  share  is  based  on  the  EC  Greenhouse  Gas  Inventory  for  the 
European figure (5.2 Gt) in relation to the global estimate for all sources and gases from the latest IPCC 
Assessment Report (49 Gt). When taking into account only CO2 emissions from energy the EU share is 
about 14%. 
United Nations Framework Convention on Climate Change 
Council document 7224/1/07 REV 1 

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In  January  2008  the  Commission  translated  these  commitments  into  concrete  action  by 
adopting  a  Climate  and  Energy  package10,  with  proposals  to  improve  the  EU  Emissions 
Trading System (ETS) by covering more GHGs and more sectors, and by setting a tighter EU-
wide  emissions  cap  and  emission  reduction  targets  for  sectors  not  in  the  ETS,  such  as  road 
transport, buildings, services and agriculture. 

During 2008 the European Council and Parliament reached an agreement on the inclusion of 
aviation  in  the  EU  ETS11.  GHG  emissions  from  flights  to,  from  and  within  the  EU  will  be 
included in the ETS from 2012.  

The  package  included  also  a  proposal  for  a  Directive  with  legally  binding  targets  for 
increasing renewable energy to a 20% share by 2020, with a 10% share of renewable energy 
in  the  transport  sector;  and  a  regulatory  framework  for  safe,  reliable  deployment  of  carbon 
capture  and  geological  storage  technologies.  It  was  adopted  by  Parliament  and  Council  in 
December 200812. 

Other climate change measures in the EU and globally  

In December 2008 Parliament and Council agreed future targets on CO2 emissions from cars 
with an average emission limit of 130 grams/km to be applied to 65% of new cars in 2012, 
rising gradually to apply to all cars from 201513. It also sets a 2020 target for average new car 
emissions of 95 g CO2/km. 

A  revised  Fuel  Quality  Directive14  was  also  adopted,  requiring  a  life-cycle  GHG  emission 
reduction  of  6%  for  transport  fuel  by  2020.  A  further  reduction  of  4%  by  2020  will  be 
reviewed  in  2012.  The  Directive  also  sets  the  sustainability  criteria  for  biofuels  to  help 
achieve this reduction. 

CO2-emissions from shipping, which account for 2-3% of global emissions, are growing by 3-
4% annually. The Commission envisages legislation to reduce them.  

In  November  2008  the  Commission  proposed  its  Second  Strategic  Energy  Review15  which 
supports the 2020 climate and energy targets and gives a new boost to energy security in the 
EU. It puts forward proposals to accelerate energy efficiency improvements in key areas such 
as buildings and products; and also includes a plan to secure sustainable energy supplies. 

To  engage  developing  countries  and  economies  in  transition,  the  EU  launched  under  the 
Environment  and  Natural  Resources  Thematic  Programme  (ENRTP)  the  Global  Energy 
Efficiency  and  Renewable  Energy  Fund  (GEEREF)  in  March  2008.  This  public-private 
investment  fund  will  provide  risk  capital  to  regional  funds  that  invest  in  smaller-scale 
projects. The Commission set aside €80m and  additional public and commercial funding are 
expected. The first investments received preliminary approval in December 2008. 

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COM(2008) 30 
Directive 2008/101/EC 
Directive  2009/28/EC,  Directive  2009/29/EC,  Directive  2009/31/EC  and  EP  Resolution of  December 
2008 in relation to COM(2008) 17 
EP Resolution of December 2008 in relation to COM(2007) 856 
Directive 2009/30/EC 
COM(2008) 781 

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Adaptation measures are necessary to deal with the unavoidable impacts of climate change. In 
Europe some regions, sectors and sections of society are likely to bear greater adverse effects 
brought about by extreme weather phenomena. In 2009 the Commission came forward with a 
White  Paper16 setting  out  a  framework  covering  2009-2012  to  improve  the  EU's  resilience 
framework  will  complement  Member  State  efforts, 
to a changing  climate.  The 
while supporting efforts  by  neighbouring  and  developing  countries. In  particular,  the  EU 
assists least developed countries and small islands states through the Global Climate Change 
Alliance initiative under the ENRTP. 

Managing environmental emergencies and other disasters 

The Civil Protection Mechanism has become a major tool to respond to major disasters. The 
number of times it has been used has risen from 3 in 2002 to 20 in 2008, including aid for the 
victims of the earthquake in China and of floods, forest fires and earthquakes in Europe.  

As the frequency and intensity of disasters — like extreme weather events — hitting Member 
States and third countries has risen due to climate change, the Commission proposed in March 
an integrated approach to disaster management, from prevention to recovery17. It will evaluate 
which  aspects  of  the  Civil  Protection  Mechanism  need  strengthening  and  explore  how  to 
boost  the  availability  of  resources  for  interventions.  In  2008  the  Commission  launched 
cooperation  activities  with  candidate,  potential  candidate,  other  neighbouring  and  ACP18 
countries. In 2009 the Commission presented a Communication on disaster prevention19 and 
will work on proposals to strengthen disaster management training. 

Protecting biodiversity: both a moral duty and crucial to the economy  

The  loss  of  biological  diversity  both  within  Europe  and  globally,  exacerbated  by  climate 
change, poses a grave threat to our quality of life, our natural environment and our economy. 
Nature has an intrinsic value but humans also depend on the goods and services provided by 
ecosystems for their material survival. If we continue with “business-as-usual” there will be 
severe economic losses.  The first results of ‘The Economics of Ecosystems &  Biodiversity’ 
study20,  released  at  the  9th  Conference  of  the  Convention  on  Biological  Diversity  in  May 
2008, estimated that the annual value of the global loss of ecosystem services is €50 billion. 
Rising temperatures and the acidification of the oceans mean that 60% of coral reefs will be 
lost  by  2030.  Some  11%  of  natural  areas  will  be  lost  globally  by  2050,  mainly  from 
conversion  to  agriculture,  expansion  of  infrastructure  and  climate  change.  The  cumulated 
welfare losses could reach 7% of GDP. 

In  2001  governments  agreed  to  halt  the  loss  of  EU  biodiversity  by  2010  and  to  restore 
habitats.  They  also  committed  to  help  significantly  reduce  global  biodiversity  loss  by  2010. 
Since then EU governments have put in place policies and laws to safeguard biodiversity. 

The  Birds  and  Habitats  Directives  provide  a  solid  legislative  basis  for  protecting  important 
species  and  habitats,  especially  through  Natura  2000.  This  EU-wide  network  of  protected 
areas  covers  17%  of  EU  land  and  is  being  extended  to  our  seas.  In  the  LIFE+  Financial 

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COM(2009) 147 
COM(2008) 130 
African, Caribbean and Pacific 
COM(2009) 82 
http://ec.europa.eu/environment/nature/biodiversity/economics 

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Programme  at  least  50%  of  funds  are  for  EU  biodiversity  conservation  projects.  The  EU 
Biodiversity Action Plan provides a strategic framework. Successive reforms of the Common 
Agricultural  and  Common  Fisheries  Policies  have  increasingly  provided  opportunities  to 
preserve biodiversity. The Water Framework Directive (WFD) requires lakes, streams, rivers, 
estuaries, and coastal waters to be in a good ecological state by 2015. Finally, EU law limits 
where biofuel crops can be grown to reduce the risk of negative impacts on biodiversity. In 
2008  about  115 000  sq.  km  were  added  to  the  Natura  2000  network,  including  sites  in 
Bulgaria  and  Romania.  The  Commission  put  forward  options  to  deal  with  harmful  invasive 
species, including a Europe-wide early warning system to report new and spreading species21.  

However,  EU  biodiversity  continues  to  be  degraded.  A  2008  mid-term  review  of  the 
Biodiversity  Action  Plan22  found  that,  despite  progress,  it  is  highly  unlikely  that  we  will 
achieve the goal to halt biodiversity loss by 2010 with current efforts.  

Stepping up EU efforts to combat global deforestation 

At global level, biodiversity loss is even more worrying. Protection of the world’s remaining 
forests  is  the  most  pressing  challenge.  13  million  hectares  of  tropical  forests  –  an  area 
approximately the size of Greece – disappear every year. This threatens the livelihood of an 
estimated  1.6  billion  poor  people  who  rely  heavily  on  forests  for  their  livelihoods  and  has 
major  impacts  on  species  loss  and  climate  change.  Deforestation  is  responsible  for 
approximately 20% of global GHG emissions, more than all EU emissions put together. 

In  2008  the  Commission  presented  two  initiatives  to  protect  global  forests:  a  Regulation23 
obliging timber and timber product traders to seek guarantees that the timber was cut legally 
in  the  country  of  origin;  and  a  Communication24  proposing  to  halve  gross  tropical 
deforestation  by  2020  and  halt  global  forest  loss  by  2030.  Beyond  spending  on  targeted 
actions  in  2008,  this  will  require  further  EU  funding;  some  could  come  from  auctioning 
allowances  in  the  EU  ETS.  In  addition,  the  Commission  is  assessing  the  possibility  of 
establishing  sustainability  criteria  for  biomass,  which  could  also  have  a  positive  effect  on 
discouraging deforestation.  

In  the  framework  of  the  EU  Forest  Law  Enforcement  Governance  and  Trade  (FLEGT) 
initiative,  which  aims  at  stopping  illegal  logging,  an  agreement  was  reached  with  Ghana25. 
This  will  only  allow  EU  sales  of  Ghanaian  timber  products  with  a  licence  attesting  their 
legality.  Talks  continue  with  other  African  and  Asian  tropical  timber  exporting  states. 

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COM(2008) 789 
COM(2008) 864 
COM(2008) 644 
COM(2008) 645 
A 'FLEGT Voluntary Partnership Agreement ’ 

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Reducing the rate of biodiversity loss globally 

At  the  Convention  on  Biological  Diversity  meeting26  191  countries  agreed  to  take  far-
reaching  action  to  address  the  current  unprecedented  loss  of  global  biodiversity.  Consensus 
was reached on decisions to pave the way for sustainable biofuels production and to finalise 
an international regime on access to and benefit-sharing of genetic resources. The decisions 
also  seek  to  increase  biodiversity  protection  in  the  high  seas  and  to  ensure  that  biodiversity 
and forests are part of ongoing climate change negotiations. 

In 2008 the Council agreed to strongly support whale protection27 at the June meeting of the 
International Whaling Commission (IWC). In July, the Commission proposed legislation28 to 
keep products from seals killed and skinned in unnecessarily painful ways off the European 
market. Trade would be allowed where guarantees are provided that hunting met high animal-
welfare standards.  

Revolutionary chemicals legislation is now operational 

After years of preparation, REACH — Registration, Evaluation, Authorisation and Restriction 
of Chemicals 29— became operational in June. Before December companies submitted over 2 
million  preliminary  information  dossiers  for  over  100 000  chemical  substances  to  the 
Chemicals Agency — about 15 times more than expected. REACH is replacing 40 legislative 
texts and creating one EU-wide system to manage chemicals produced in or imported into the 
EU. Under the new regulation, industry has to prove that chemicals are safe. The new system 
encourages  or  sometimes  requires  some  substances  to  be  replaced  by  less  dangerous 
alternatives. New chemicals must be registered before they are manufactured or marketed. For 
existing ones, companies can benefit from phased registration deadlines,  if  pre-registered in 
2008. 

Other measures  for  chemicals  have been adopted or are under preparation. One regulation30 
introduces  a  new  system  for  classifying,  labelling  and  packaging  hazardous  substances. 
Another  regulation31  will  ban  all  mercury  exports  from  2011.  In  December  final  agreement 
was  reached  on  the  Framework  Directive  on  the  sustainable  use  of  pesticides32.  Member 
States  must  enforce  regular  inspection  of  pesticide  application  equipment  and  ban  aerial 
spraying.  In  2009,  the  Commission  will  revise  the  Biocides  Directive,  partly  to  adapt  it  to 
REACH. 

New initiatives on air pollution 

Air quality is important for European citizens, and the EU has been very active. 

In June the Directive on ambient air quality and cleaner air came into force, a key measure 
under  the  2005  Thematic  Strategy.  It  demonstrates  the  EU’s  commitment  to  improving  air 
quality by obliging Member States to reduce exposure to fine particles (PM2.5) in urban areas 

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http://www.cbd.int/cop9 
Council document nr. 9818/08 
COM(2008) 469 
Regulation (EC) No 1907/2006 
Regulation (EC) No 1272/2008 
Regulation (EC) No 1102/2008 
EP Resolution of January 2009, P6_TA(2009)0010 

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by an average of 20% by 2020 compared to 2010. New vehicle emission standards (Euro 5 
and  6)  were  also  formally  adopted  in  2007,  setting  tighter  limits  on  emissions  of  particles 
from 2009 and of NOx from 2014. Euro 5 will lead to the introduction of particle filters for 
diesel  cars.  In  July  2008,  the  Commission  put  forward  “Greening  Transport”  initiatives33  to 
make  transport  more  sustainable.  It  includes,  for  example,  a  strategy  on  pricing  transport 
modes  to  better  reflect  their  real  cost  to  society  and  a  proposal  to  allow  Member  States  to 
better internalise these in road tolls for lorries. But more remains to be done, not least for the 
heavy duty vehicle emissions. 

Following  the  2005  Thematic  Strategy  on  Air  Quality,  the  Commission  and  Member  States 
have  contributed  to  the  amendment  of  Annex  VI  to  the  MARPOL34  Convention  which  will 
significantly reduce SOx and related PM emissions from international shipping.  

In 2008 the adoption procedure continued on the Commission proposal for new legislation on 
industrial emissions35. It tightens emission limits in industrial sectors, introduces standards for 
environmental  inspections  and  extends  the  scope  of  controls  to  medium-sized  combustion 
plants.  In  this  context  the  Commission  started  assessing  the  scope  for  developing  EU-wide 
rules  to  allow  the  setting  up  of  NOx  and  SO2  emissions  trading  at  the  appropriate 
geographical level. 

Entire water cycle protected by EU legislation 

In  2008  the  Council  approved  a  Directive  on  environmental  quality  standards  for  surface 
water36. It specifies concentration limits for over 30 polluting substances, such as pesticides, 
heavy  metals  and  biocides  and  is  the  final  major  piece  of  legislation  to  support  the  Water 
Framework Directive (WFD). The legal framework for water management is based on river 
basin  districts)  instead  of  administrative  boundaries  and  aims  to  achieve  good  water  quality 
for all EU water bodies as a rule by 2015.  

The next stage is to develop river basin management plans in 2009. Member States must have 
introduced  water  prices  that  reflect  true  costs  by  2010.  Water  pricing  will  stimulate  cost-
efficient  investment  in  water  efficiency,  increasingly  needed  in  regions  short  of  water.  A 
study has demonstrated that water efficiency in the EU could improve by nearly 40% through 
technology alone.37 
The Marine Strategy Framework Directive38 completes the legislative coverage of the entire 
water  cycle.  Like  the  WFD  it  is  built  on  an  “ecosystem-based  approach”.  The  Directive 
requires Member States to develop “marine strategies” with the measures needed to achieve 
or  maintain  good  environmental  status  of  the  EU's  marine  waters  by  2020.  The  Marine 

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COM(2008) 433 
International Convention for the Prevention of Pollution From Ships 
COM(2007) 843 
Directive 2008/105/EC 
EU Water saving potential, http://ec.europa.eu/environment/water/quantity/pdf/water_saving_1.pdf 
Directive 2008/56/EC 

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Strategy Framework Directive is the environmental pillar of EU Integrated Maritime Policy39 
and when properly implemented, will help to better integrate environmental needs into sectors 
such as fisheries, shipping or tourism. 

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More with less: sustainable consumption and production 

Preventing  pollution  and  repairing  damage  is  not  enough.  Sustainable  economic  growth 
means we need to change our patterns of consumption and production. We must improve the 
environmental  performance  of  products  over  their  life  cycle,  boost  demand  for  greener 
products and help consumers make informed choices. 

In  July  2008  the  Commission  presented  an  Action  Plan  on  Sustainable  Consumption  and 
Production  and  Sustainable  Industrial  Policy40.  At  its  core  is  the  creation  of  a  dynamic 
legislative structure to continuously improve the environmental performance of products and 
foster  their  uptake  by  consumers.  Minimum  requirements  and  voluntary  advanced 
benchmarks can be set for the environmental performance of ‘energy-related’ products under 
the  proposal  of  a  revised  Ecodesign  Directive41.  The  revised  Energy  Labelling  Directive42 
proposed  in  November  will  set  mandatory  labelling  and  harmonised  minimum  performance 
product characteristics for public procurement and incentives. A Directive on the Promotion 
of  Clean  and  Energy  Efficient  Road  Transport  Vehicles43  was  adopted  by  the  Council  in 
March  2009.  It  requires  lifetime  energy  and  environmental  aspects  to  be  taken  into  account 
when  purchasing  public  transport  road  vehicles.  Products  and  services  with  the  best 
environmental  performance  can  be  identified  by  a  revised  Ecolabel44,  while  initiatives  on 
Green  Public  Procurement45  and  lead  markets  will  foster  market  take-up  of  green  products 
and services creating conditions to stimulate innovation. Cooperation with the European retail 
sector will also be stepped up. 

The voluntary eco-management and audit scheme 'EMAS'46, which helps companies optimise 
their  production  processes,  has  been  revised  and  a  voluntary  environmental  technology 
verification  scheme  planned  for  2009  aims  to  boost  the  confidence  of  buyers  in  the 
performance of new environmental technologies. Beyond that, the Commission will propose 
more  action  on  incentives  for  green  products  and  services,  notably  building  upon  the  lead 
market initiatives.  

Towards a recycling society  

EU waste management policy aims at reducing the environmental and health impacts of waste 
and improving Europe’s resource efficiency. It applies a “waste hierarchy”: waste prevention 
is best, followed by re-use, recycling and other recovery, with disposal the last resort. Long-
term  objectives  are  laid  down  in  the  2005  Thematic  Strategy  on  waste,  which  calls  for  a 
resource-efficient recycling society: avoiding waste but using unavoidable waste as a resource 
where  possible.  It  also  guides  new  policy  initiatives  such  as  modernising  laws,  reducing 
administrative burden and boosting recycling.  

The revised Waste Framework Directive47, adopted in November, anchors the five-step waste 
hierarchy  in  law.  It  focuses  on  waste  prevention,  committing  Member  States  to  preparing 

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COM(2008) 397 
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Council document nr. 7534/09  
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COM(2008) 402 
Directive 2008/98/EC 

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national waste prevention programmes, and sets targets to recycle waste from households and 
similar waste streams (50% by 2020) and construction and demolition waste (70% by 2020). 

The Commission proposed in November an EU Strategy for better ship dismantling48 as part 
of  its  Action  Plan  for  an  Integrated  Maritime  Policy.  Many  ships  from  Europe  end  up  on 
beaches in South Asia for their valuable scrap metal, where a lack of environmental protection 
and  safety  measures  results  in  accidents,  health  risks  and  pollution.  The  strategy  includes 
measures  to  implement  the  future  international  Convention  on  safe  ship  recycling  and  to 
better enforce EU waste shipment law. 

In December the Commission proposed revised Directives on Waste Electrical and Electronic 
Equipment49 and on Restricting the use of certain Hazardous Substances in such equipment50. 
They  aim  to  increase  the  environmental  benefit  and  cost-effectiveness  of  the  policies  and 
overcome  enforcement  problems.  They  provide  new  national  collection  targets,  more 
ambitious recovery and recycling targets and reinforce producer responsibility.  

The Commission also adopted a Green Paper on the management of bio-waste51. This Paper 
explores  options  for  the  future,  asking  stakeholders  for  their  views  on  the  issue  and  on  the 
need for a future legislative proposal. 

Better regulation and better implementation 

For  all  major  Commission  policy  proposals,  impact  assessments  are  produced  to  analyse 
which policy option is best. Assessments rely on increasingly large amounts of research and 
wider consultation of stakeholders to produce more effective policies that avoid unnecessary 
costs.  Simplifying  existing  laws  improves  implementation  and  in  2008  progress  has  been 
made  to  merge,  streamline  and  clarify  several  of  the  laws  mentioned  above.  Proportionate 
analysis of the administrative burden of policies is now a standard part of environment policy-
making, and five existing policies were assessed in more depth in 2008. The result shows that 
the  administrative  burden  of  EU  environment  policy  is  light  compared  with  other  policy 
areas52.  

In November, the Commission set out plans to improve implementation of EU environmental 
laws53. Close cooperation with Member States is crucial as it ensures national implementing 
rules  are  adopted  on  time  and  correctly  applied.  To  improve  its  enforcement  work,  the 
Commission  will  focus  on  fundamental  or  systematic  breaches,  including  major  defects  in 
national  implementing  rules,  tolerance  of  illegal  landfills,  serious  gaps  in  permits  for 
industries and failure to designate key natural sites. 

48 
49 
50 
51 
52 

53 

COM(2008) 767 
COM(2008) 810/4 
COM(2008) 809/4 
COM(2008) 811 
Results mid 2009 on 
http://ec.europa.eu/enterprise/admin-burdens-reduction/priority_environment_en.htm  
COM(2008) 773/4 

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Permanent  implementation  networks  involving Commission  and  Member  State  staff  will  be 
created.  The  transitional  periods  for  some  new  Member  States  to  apply  some  key  pieces  of 
environmental  laws  will  come  to  an  end,  demanding  further  attention.  The  aim  of  this  new 
approach to implementation and enforcement is to use a broad set of tools to prevent breaches 
of  the  law,  such  as  targeted  use  of  EU  funds  and  enhanced  pre-accession  support  for 
enlargement countries. 

Conclusions 

2009 is the last year of this Commission and Parliament’s mandate. In the last five years, the 
EU has taken significant steps to improve our environment and enhance the quality of life of 
European  citizens.  It  has  led  the  global  fight  against  climate  change,  set  new  GHG  and 
renewables  targets  for  2020  and  agreed  legally  binding  measures  to  implement  them. 
Important  policies  have  been  introduced,  including  REACH,  the  Air  Quality  Directive  and 
expansion of the Natura 2000 network. But the Commission is fully aware that more needs to 
be  done,  not  least  to  improve  the  implementation  of  EU  laws  and  to  communicate  on 
environmental issues.  

2009 is a crucial year for climate change policy and the first priority is to reach agreement at 
the Copenhagen conference. Implementing and strengthening climate change policies will be 
important  if  the  EU  is  to  honour  its  commitments  for  the  post-2012  period.  Halting 
biodiversity loss in the EU and significantly reducing biodiversity loss world-wide is also a 
priority  for  the  EU.  This  is  an  issue  of  increasing  importance  where  results  can  only  be 
achieved through additional action. The EU needs to strengthen its capacity to cope with the 
harmful  effects  of  climate  change  through  new  adaptation  measures.  Creating  a  low-carbon 
and  resource-efficient  economy  is  also  crucial  for  the  EU.  The  economic  crisis  presents  an 
historic  opportunity  to  speed  up  the  greening  of  our  economies.  Government  investment 
should  target  environmental  infrastructure,  energy  and  resource  efficiency  and  eco-
innovation.  

The  EU  has  been  playing  an  increasing  role  in  international  cooperation  on  environmental 
matters.  It  has  also  continued  to  support  the  candidate  countries  and  potential  candidates  in 
the field of environment, notably in aligning with EU legislation. International co-operation 
has to be stepped up, including through enhancing policy dialogue with partner countries, as 
many of the challenges are global. The environment is increasingly becoming a key political 
issue  in  international  relations.  Trade  in  environmental  goods  and  services,  access  to 
agricultural  products  and  natural  resources,  biofuels  and  international  energy  security, 
migration pressures, security and development policies all are linked to environmental issues. 
Today’s  international  political  and  economic  context  highlights  the  need  to  improve 
international  environmental  governance  and  to  make  substantive  progress  in  improving  the 
state of the earth’s environment. 

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