The environmental dimension in the proposed Cohesion Regulations

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1 The environmental dimension in the proposed Cohesion Regulations CPR ERDF CF ETC ESF PSCI EGAF EGTC Georges Kremlis HoU Unit A3. Cohesion Policy and Environmental Assessments, DG Environment, European Commission December 2011

2 Content Cross-cutting environmental issues: references and challenges: 1. Environmental acquis 2. Environmental assessments 3. Resource efficiency 4. Natura 2000 and biodiversity 5. Water, waste, soil, air 6. Sustainable urban development 7. Environmental NGOs 8. Territorial cooperation

3 Proposed Cohesion policy regulations - General GDP/capita* < 75 % of EU average % > 90 % *index EU27=100 3 categories of regions Less developed regions Transition regions More developed regions Canarias Madeira Guyane Réunion Guadeloupe/ Martinique Açores Malta EuroGeographics Association for the administrative boundaries

4 Proposed Cohesion policy regulations - General Common Provisions Regulation 1. Research & innovation Article 9. Thematic objectives 2. Information and communication technologies (ICT) 3. Competitiveness of Small and Medium-sized Enterprises (SMEs) 4. Shift towards a low-carbon economy 5. Climate change adaptation & risk prevention and management 6. Environmental protection & resource efficiency 7. Sustainable transport & removing bottlenecks in key network infrastructures 8. Employment & supporting labour mobility 9. Social inclusion & combating poverty 10. Education, skills & lifelong learning 11. Institutional capacity building & efficient public administrations

5 Proposed Cohesion policy regulations - General European Regional Development Fund 3 categories of regions Less developed regions Transition regions More developed regions In more developed and transition regions: -At least 80% for efficiency and renewables /research&innovation/smes (= Art. 9 thematic objectives 1-3-4), of which 20% for energy efficiency and renewables In less developed regions: -At least 50% % for efficiency and renewables /research&innovation/smes (= them.obj ) of which 6% for energy efficiency and renewables This implies that respectively 20% or 50% is left for environmental investments (them. objective 6), in competition with other sectors.

6 Proposed Cohesion policy regulations - General Common Provisions Regulation Art. 54. Revenue-generating operations 54.1 Net revenue generated after completion of an operation over a specific reference period shall be determined in advance by one of the following methods: (a) application of a flat rate revenue percentage for the type of operation concerned; (b) calculation of the current value of the net revenue of the operation, taking into account the application of the polluter-pays principle and, if appropriate, considerations of equity linked to the relative prosperity of the Member State concerned. ( ) The Commission shall be empowered to adopt delegated acts in accordance with Article 142 concerning the definition of the flat rate referred to in point (a) above.

7 Cross-cutting environmental issues (1) Environmental acquis Common Provisions Regulation Article 6 (Compliance): Operations financed by the CSF Funds [= Structural Funds + Cohesion Fund + EAFRD + EMFF] shall comply with applicable Union and national law. Specific Article on sustainable development: Article 8 The objectives of the CSF Funds shall be pursued in the framework of sustainable development and the Union's promotion of the aim of protecting and improving the environment, as set out in Articles 11 and 19 of the TFEU, taking into account the polluter pays principle. The Member States and the Commission shall ensure that environmental protection requirements, resource efficiency, climate change mitigation and adaptation, disaster resilience and risk prevention and management are promoted in the preparation and implementation of Partnership Contracts and programmes. Member States shall provide information on the support for climate change objectives using the methodology adopted by the Commission. ( )

8 Cross-cutting environmental issues (1) Environmental acquis Common Provisions Regulation Art Each operational programme, except those where technical assistance is undertaken under a specific operational programme, shall include: (i) a description of specific actions to take into account environmental protection requirements, resource efficiency, climate change mitigation and adaptation, disaster resilience and risk prevention and management, in the selection of operations; ( )

9 Challenges (1) Environmental acquis How to guarantee the environmental acquis requirements? Exchange of experience and good practices in ENEA-MA network National environment/structural funds networks (as in IT, DE, PL, ES, but not yet established in most MS) Legal obligations/enforcement

10 Cross-cutting environmental issues (2) Env. Assessments Common Provisions Regulation Article 48.4: The ex ante evaluation [of Operational programmes] shall incorporate, where appropriate, the requirements for Strategic Environmental Assessment set out in implementation of Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment. Article 91.1 (f): The Member State or the managing authority shall submit the following information on major projects to the Commission as soon as preparatory work has been completed: ( ) (f) an analysis of the environmental impact, taking into account climate change adaptation and mitigation needs, and disaster resilience.

11 Cross-cutting environmental issues (2) Env. Assessments Common Provisions Regulation ANNEX IV Ex ante conditionalities (for the objectives Road and Rail): A comprehensive transport plan is in place that contains: ( ) a strategic environmental assessment fulfilling the legal requirements for the transport plan. ANNEX IV General ex ante conditionalities: The existence of a mechanism which ensures the effective implementation and application of Union environmental legislation related to EIA and SEA

12 Challenges (2) Environmental Assessments How to increase the quality of SEA (for OPs and Transport plans) and EIA (for projects)? COM Guidance on climate change and biodiversity in SEA and EIA in preparation Clarification on definition of minor modifications of Operational Programmes: Joint letter DG ENV and REGIO to Permanent Representations (soon) Exchange of experience and good practices, plus training

13 Cross-cutting environmental issues (3) Resource efficiency Common Provisions Regulation Art. 8: The Member States and the Commission shall ensure that environmental protection requirements, resource efficiency, climate change mitigation and adaptation, disaster resilience and risk prevention and management are promoted Art.9.6 (Thematic objectives): protecting the environment and promoting resource efficiency;

14 Cross-cutting environmental issues (3) Resource efficiency Common Provisions Regulation ANNEX IV Ex ante conditionalities: - The existence of a water pricing policy which ensures provides adequate incentives for users to use water resources efficiently; -Waste management plans, waste prevention programmes, measures to achieve the 2020 target on re-use and recycling. European Regional Development Fund Investment priorities Article 5 Priority 6: Protecting the environment and promoting resource efficiency

15 Cross-cutting environmental issues (3) Resource efficiency European Territorial Cooperation Article 7.3: Each cooperation programme shall include: ( ) (i) a description of specific actions to take into account environmental protection requirements, resource efficiency, climate change mitigation and adaptation, and risk prevention and risk management in the selection of operations; European Social Fund Article 2a: ESF will be supporting the shift towards a lowcarbon, climate-resilient, resource-efficient and environmentally sustainable economy,( )

16 Challenges (3) Resource efficiency How to internalise the Resource Efficiency Roadmap in the proposed Cohesion Policy? Echange information on existing good practices (e.g. the ENWORKS project in NW England) Discuss how the 2020 milestone on phasing out environmentally harmful subsidies can be achieved with regards to Cohesion Policy cofinancing

17 Cross-cutting environmental issues (4) Biodiversity and Natura 2000 European Regional Development Fund Art. 5 (Investment priorities) (d) protecting biodiversity, soil protection and promoting ecosystem services including NATURA 2000 and green infrastructures; Annex Common indicators for ERDF support: Nature and biodiversity: Surface area of habitats in better conservation status (hectares)

18 Cross-cutting environmental issues (4) Biodiversity and Natura 2000 European Territorial Cooperation Annex: Common indicators for the ETC goal on the environment: Solid waste, Water supply, Wastewater treatment, Soil sealing, Nature and Biodiversity Cohesion Fund Art. 3 (Investment priorities) c iii: protecting and restoring biodiversity, including through green infrastructures; Annex (List of Common Indicators for Cohesion Fund): Nature and biodiversity

19 Challenges (4) Biodiversity and Natura 2000 [Art. 8 Habitats Directive explicitly links delivery of necessary conservation measures to the provision of EU co-financing] How to ensure that enough financial resources will be allocated in the Partnership Contracts for biodiversity and Natura 2000 protection? COM Staff Working Paper on Financing Natura 2000 in preparation Integrated projects: e.g. coupling nature and climate objectives in programmes and plans How to better monitor, assess and avoid the impacts of Cohesion Policy investments on nature and biodiversity?

20 Cross-cutting environmental issues (5) Water, waste, soil, air Common Provisions Regulation Annex IV Ex ante conditionalities & fulfilment criteria: 6.1 Existence of water pricing policy 6.2 Implementation of Waste Directive European Regional Development Fund Art. 5 (Investment priorities): a) addressing the significant needs for investment in the waste sector to meet the requirements of the environmental acquis; (b) addressing the significant needs for investment in the water sector to meet the requirements of the environmental acquis;

21 Cross-cutting environmental issues (5) Water, waste, soil, air European Regional Development Fund Annex Common indicators for ERDF support Solid waste: Additional waste recycling capacity (tonnes) Water supply: Additional population served by improved water supply Waste water treatment: Additional population served by improved wastewater treatment Soil sealing: Change in land sealed due to development (hectares) European Territorial Cooperation Annex: Common indicators for the ETC goal on the environment: Solid waste, Water supply, Wastewater treatment, Soil sealing, Nature and Biodiversity

22 Cross-cutting environmental issues (5) Water, waste, soil, air Cohesion Fund Art. 3 (Investment priorities) (i) addressing the significant needs for investment in the waste sector to meet the requirements of the Union's environmental acquis; (ii) addressing the significant needs for investment in the water sector to meet the requirements of the Union's environmental acquis;

23 Cross-cutting environmental issues (6) Sustainable urban development European Regional Development Fund The ERDF shall support sustainable urban development through strategies setting out integrated actions to tackle the economic, environmental, climate and social challenges affecting urban areas. In the Partnership Contracts the MSs shall establish a list of cities where integrated actions for sustainable urban development are to be implemented and an indicative annual allocation for these actions at national level. They will also establish a list of the cities that will participate in the 'urban development platform', an initiative to promote capacity-building and networking between cities at EU level that will regroup a maximum of 300 cities.

24 Cross-cutting environmental issues (6) Sustainable urban development European Regional Development Fund Investment priorities Article 5 Priority 6: ( ); action to improve the urban environment, including regeneration of brownfield sites and reduction of air pollution. Sustainable urban development Article 7 Specific support from the ERDF would go to cities and urban development. At least 5% if the ERDF resources will be ring-fenced for integrated sustainable urban development measures. Cohesion Fund Article 12.2: ESF may support sustainable urban development through strategies setting out integrated actions to tackle the economic, environmental and social challenges affecting urban areas of cities which are listed in the partnership contract.

25 Challenges (6) Sustainable urban development Should cities located in more developed regions not be able to receive support in relation to "basic environmental infrastructures" (currently excluded from ERDF support)? The 'Green Capital Award' scheme (DG ENV) has been a great success which we will continue in the years to come. However, this is not in competition with or in contradiction to the 'urban development platform' initiative. It should be discussed how we can actively link these.

26 Cross-cutting environmental issues (7): Environmental NGOs Common Provisions Regulation Annex IV Ex ante conditionalities (& fulfilment criteria): 10. Relevant stakeholders are provided support for submitting project applications and for implementing and managing the selected projects. European Social Fund Article 6.1: The involvement of the social partners and other stakeholders, in particular nongovernmental organisations, in the implementation of operational programmes ( ), may take the form of global grants ( ). Annex Common output and result indicators for ESF investments: (2) Number of projects fully or partially implemented by social partners or non-governmental organisations

27 Cross-cutting environmental issues (8): Territorial cooperation European Territorial Cooperation New is: It is a separate regulation Increase of financial resources (+30 %) Concentration of programmes on up to 4 thematic objectives Simplified programme management (merger of managing and certifying authorities) Easier creation of European Groupings of Territorial Cooperation (EGTC) The Annex contains common indicators for the ETC goal on the environment: Solid waste, Water supply, Wastewater treatment, Soil sealing, Nature and Biodiversity

28 Cross-cutting environmental issues (8): Territorial cooperation European Territorial Cooperation Art. 7.3 (content of cooperation programmes) Each cooperation programme shall include: (i) a description of specific actions to take into account environmental protection requirements, resource efficiency, climate change mitigation and adaptation, and risk prevention and risk management in the selection of operations;

29 Thank you for your attention!