A REVIEW OF THE ACQUIS WITH REGARD TO POLLUTION PREVENTION AND SOIL PROTECTION

Transcription

1 A REVIEW OF THE ACQUIS WITH REGARD TO POLLUTION PREVENTION AND SOIL PROTECTION Tamás HÁMOR Contaminated Lands in Accession Countries: Benchmarking Historical Heritage and National Actions Szentendre, Nov , 2003

2 OBJECTIVES The Council invites the Commission to study the overall coherence of Community environmental legislation, the interlinkage between the environmental media. /Council Resolution of 7 October 1997/ to serve the development of a thematic soil strategy to support the Technical Working Group on Soil Contamination and other soil-related legislative efforts of the European Commission.

3 COMPETING or COMPLEMENTARY EU POLICIES? agriculture waste environment protection chemicals SOIL water nature conservation energy mining industry regional development

4 CHAPTERS OF ACQUIS 01. General, financial and institutional matters 02. Customs Union and free movement of goods 03. Agriculture 04. Fisheries 05. Freedom of movement for workers and social policy 06. Right of establishment and freedom to provide services 07. Transport policy 08. Competition policy 09. Taxation 10. Economic and monetary policy and free movement of capital 11. External relations 12. Energy 13. Industrial policy and internal market 14. Regional policy and coordination of structural instruments 15. Environment, consumers and health protection 16. Science, information, education and culture 17. Law relating to undertakings 18. Common Foreign and Security Policy 19. Area of freedom, security and justice 20. People's Europe

5 THE TREATY Art. 32 agricultural products: the products of the soil Art. 33 objective of CAP: ensuring the rational development of agricultural production and the optimum utilisation of the factors of production.... account shall be taken of natural disparities between the various agricultural regions Art. 36 Council may authorise the granting of aid for the protection of enterprises handicapped by natural conditions Art. 44 to attain freedom of establishment of a particular activity... enabling a national of one MS to acquire and use land situated in the territory of another, in so far this does not conflict with CAP Art. 174 policy on environment contributes to... prudent and rational utilisation of natural resources.... taking into account the diversity of situations in the various regions.... based on the precautionary principle and on the principles that preventive action should be taken... environmental damage should as a priority be rectified at source... the polluter should pay. The Community shall take account of... the environmental conditions in the various regions; and the balanced development of its regions. Art. 175 Council adopts measures affecting town and country planning, and land use

6 AGRICULTURE Regulation 445/2002/EC... on support for rural development from the European Agricultural Guidance and Guarantee Fund: agriculture is the largest land user support agri-environment, less-favoured areas, sustainable farming systems, afforestation of agriculture land, ecological stability of forests maintain natural resources, soil & genetic diversity, landscape CAP reform issues incl.: soil erosion, organic matter, soil structure

7 DANGEROUS SUBSTANCES 67/548/EEC (detailed criteria to be elaborated later): Non-aquatic environment R54Toxic to flora, R55Toxic to fauna, R56Toxic to soil organisms R58 May cause long-term adverse effects in the environment +adsorption/desorption batch method for soil, incl. sampling protocol, preparation & analytical techniques 1488/94/EC, 93/67/EEC, 793/93/EEC, 91/414/EEC exposure & risk assessment: stability, spread, mobility, multiplication, persistence in soil, toxicity to terrestrial and soil dwelling organisms effects on soil non-target micro- & macro-organisms fate & behaviour in soil (rate & route of degradation, adsorption, desorption, mobility in at least three soil types)

8 REGIONAL POLICY & COORDINATION OF STRUCTURAL INSTRUMENTS Regulation 1783/1999/EC... on the European Regional Development Fund is to finance: renewal of depressed urban areas, revitalisation of rural areas, protection of natural heritage & the environment Regulation 16/2003/EC... as regards eligibility of expenditure in the context of measures part-financed by the Cohesion Fund: expenditure on site preparation is eligible! Directive 89/106/EEC on... construction products: construction work designed and built in a way that it won t be a threat to the health of the occupants/neighbours, in particular as a result of pollution or poisoning of the water or soil + fit for use concept!

9 ENVIRONMENT, HORIZONTAL Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment: when locating projects environmental sensitivity of geographical areas must be considered, in particular: existing land use, relative abundance, quality and regenerative capacity of natural resources, absorption capacity of the natural environment (wetlands, coastal zones, mountain and forest areas, nature reserves, landscapes) Draft Directive... on environmental liability with regard to the prevention and remedying of environmental damage: defines terms e.g. baseline condition damage natural resource soil and subsoil contamination recovered restored

10 ENVIRONMENT, HORIZONTAL Decision 2001/688/EC establishing ecological criteria for... ecolabel to soil improvers and growing media: limit values for hazardous substances and nutrients (N, P, K) Decision 2002/272/EC establishing the ecological criteria for... eco-label to hard floor-coverings: soil protection/land capability classification (I-VIII soil classes) Council Framework Decision 2003/80/JHA on the protection of the environment through criminal law: unlawful discharges, emissions, disposals of hazardous substances, waste, ionising radiation which causes substantial damage to quality of soil? qualified as intentional offences

11 CONSERVATION OF WILD FLORA & FAUNA Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora: habitats incl. terrestrial or aquatic areas distinguished by geographic, abiotic, biotic features designation of special areas of conservation: lands with soil cover (sand dunes, coasts, grasslands, heath, scrub, forests, bogs, fens, mudflats) land use planning Regulation 2494/2000/EC on measures to promote conservation and sustainable management of tropical forests and other forests in developing countries: prevention of soil erosion land use planning

12 WATER PROTECTION & MANAGEMENT Water Framework Directive 2000/60/EC framework which prevents further deterioration and enhances the status of aquatic ecosystems,... terrestrial ecosystems and wetlands directly depending on the aquatic ecosystems river basin management plan: characterization of surface and ground waters (ecoregions, catchment geology, pedology, hydrology, land use patterns) register of protected areas monitor chemical and quantitative status of groundwater combined approach for point and diffuse source pollution Decision 2455/2001/EC... establishing the list of priority substances in the field of water policy...: Annex X to WFD, combined monitoring-based and modellingbased priority setting scheme

13 WATER PROTECTION & MANAGEMENT Directive 80/68/EEC on the protection of groundwater against pollution caused by certain dangerous substances: direct & indirect discharge of substances in lists I, II: introduction into groundwater without or with percolation through the ground or subsoil Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources: code of good agricultural practice (soil conditions, fertilizer plan, irrigation, land use management plan) designate vulnerable zones monitoring programme, nitrogen contributions + Decision 2850/2000/EC... accidental or deliberate marine pollution

14 ATMOSPHERIC POLLUTION Regulation 1091/94/EEC... on the protection of the Community's forests against atmospheric pollution: surveillance of the forest ecosystems (inventory of soil condition, deposition rates), in Annexes details for the soil sampling, analytics, and reporting categories Directive 2001/81/EC on national emission ceilings for certain atmospheric pollutants: limit emissions of pollutants and ozone precursors (SO 2, NO x, VOC, NH 3 ) against acidification, soil eutrophication and ground-level ozone

15 INDUSTRIAL RISK Directive 96/82/EC on the control of major-accident hazards involving dangerous substances (military, radioactive, transport, mining, land-fills excluded): land use planning a major tool? areas of particular natural sensitivity or interest to be concerned Annex VI Criteria for the notification to the Commission of major accidents: damage to real estate permanent or long-term damage to terrestrial habitats,?10 hectares of widespread habitat, incl. agricultural land, significant damage to an aquifer or underground water

16 INDUSTRIAL RISK Directive 96/61/EC concerning integrated pollution prevention and control, in Preamble: different approaches to controlling emissions into the air, water or soil separately may encourage the shifting of pollution between the various environmental media measures upon cessation of activities to avoid pollution risk and return the site of operation to a satisfactory state conditions of the site nature and quantities of emissions into each medium indicative lists of main polluting substances: for air & water, not list of industrial activities in scope for soil! + Decision 2000/479/EC on the implementation of a European pollutant emission register (EPER)!!!

17 WASTE MANAGEMENT Directive 75/442/EEC on waste: excluded: radioactive, mining, water, gaseous, some agri etc. wastes disposal operations include: deposit into or onto land (e.g. landfill) land treatment (biodegradation of discards in soils) deep injection (injection of pumpable discards into wells, etc.) surface impoundment (liquid or sludgy discards into pits, ponds) specially engineered landfill (placement into lined discrete cells) release into seas/oceans including sea-bed insertion incineration on land permanent storage (e.g. emplacement of containers in a mine) among recovery operations: land treatment resulting in benefit to agriculture or ecological improvement

18 WASTE MANAGEMENT Decision 2001/118/EC amending Decision 2000/532/EC as regards the list of wastes (European Waste Catalogue) : *soil and stones containing dangerous substances *solid wastes from soil remediation containing dangerous substances *sludges from soil remediation containing dangerous substances soil and stones (as garden & park wastes, incl. cemetery waste) Regulation 2150/2002/EC on waste statistics: soils contaminated by radioactivity waste of naturally occurring minerals soil and stones, soil from cleaning and washing beet contaminated soils and polluted dredging spoils polluted soils and rubble

19 WASTE MANAGEMENT Directive 1999/31/EC on the landfill of waste: complex approach (surface & groundwaters, soil, geology) multibarrier concept (natural & engineered) monitoring provisions Directive 86/278/EEC on the protection... in particular of the soil, when sewage sludge is used in agriculture: in Annex: concentrations of heavy metals in sludge maximum annual quantities of heavy metals into soil concentrations of heavy metals in soil to which sludge is applied Draft Directive on the management of waste from the extractive industries: prevention of water and soil pollution through leachate treatment and limiting cyanide conc. in tailings ponds

20 DISCUSSION WHY SO DIFFERENT? most multiple functions for human society & biota direct physical-chemical contact to all other environmental media in general, not a public domain but a private-owned natural resource NUMEROUS CONFLICT FIELDS

21 DISCUSSION - TERMINOLOGY

22 DISCUSSION - WHAT IS AVAILABLE Directly on soil: sampling manual preparation, analytical techs. monitoring protocols risk assessment techniques classification system reporting categories inventory of soil conditions limit values (heavy metals, hazardous substances, nutrients) In other context: terminology pollution sources list emission limits priority substances monitoring combined catchment approach liability draft

23 DISCUSSION - WHAT IS NEEDED principles of land use planning (+natural resources management) complete coverage of polluting industries liability & property right provisions + plastic surgery legislation on soil

24 EUROPEAN COMMISSION DIRECTORATE-GENERAL JOINT RESEARCH CENTRE Institute for Environment and Sustainability Soil and Waste Unit THE LAST ENVIRONMENTAL MEDIUM A MAPPING OF THE EUROPEAN UNION COMMUNITY LEGISLATION WITH REGARD TO PROVISIONS ON SOIL Tamás Hámor THANKS FOR YOUR ATTENTION!