Horizontal co-ordination of policies and application of the OMC in EU environmental policy

Similar documents
EFTA CONSULTATIVE COMMITTEE

Executive summary.

GUIDELINES FOR INTER-PARLIAMENTARY COOPERATION IN THE EUROPEAN UNION

Commission expert group on INSPIRE Implementation and Maintenance Terms of Reference

EU Water Framework Directive

Analysis. The democratic accountability of the EU s legislative approach

The European Water Framework Directive. Contribution to the Groundwater Governance in the Region

Achievements and. Directions

Public Consultation Standardisation

2002 / 04. Bringing European Governance Closer to the Citizens

The future of the Cotonou agreement Role of civil society in the future ACP-EU partnership

8. But so far the principle of local and regional self-government has not been properly respected in the EU framework. The problem is not confined to

INDICATOR 7. Mutual accountability among development actors is strengthened through inclusive reviews

COUNCIL OF THE EUROPEAN UNION. Brussels, 5 December 2008 (09.12) (OR. fr) 16914/08

COMMISSION OF THE EUROPEAN COMMUNITIES

13809/14 AS/ADB/mk 1 DG B 4A

European Parliament resolution on the mid-term review of the Lisbon Strategy. having regard to Rule 103 of its Rules of Procedure,

Academic seminar and Call for Papers: Post-Legislative Scrutiny

Resolution No. 2 on Territorial governance: empowerment through enhanced co-ordination

Realisation of the SDGs in Countries Affected by Conflict and Fragility: The Role of the New Deal. Conceptual Note

Vice-President for Energy Union

OPEN DIALOGUE BETWEEN INSTITUTIONS AND CITIZENS - THE CHANCES AND CHALLENGES

Realisation of the SDGs in Countries Affected by Conflict and Fragility: The Role of the New Deal Conceptual Note

Administrative Cooperation in the EU Member States: Towards a Common European Administrative Space? Danielle Bossaert

OECD Survey on Water Governance ( )

Guidelines on transboundary consultations, public participation and co-operation

The European Senate The road towards a closer link with EU citizens?

TEXTS ADOPTED. having regard to the Treaties, and in particular to Articles 2, 3, 4 and 6 of the Treaty on European Union (TEU),

Peter Hustinx European Data Protection Supervisor. European Leadership in Privacy and Data Protection 1

BONUS POLICY BRIEF: CHALLENGES AND POSSIBILITIES FOR MSP INTEGRATION IN THE BALTIC SEA

COUNCIL OF THE EUROPEAN UNION. Brussels, 28 February /05 COMPET 33 MI 22 IND 13 RECH 38 ECOFIN 63 SOC 85 AG 10 EDUC 33 ENV 86 POLGEN 8

Ensuring Progress delivers results

COMMON IMPLEMENTATION STRATEGY FOR THE WATER FRAMEWORK DIRECTIVE (2000/60/EC)

TTIP- EU proposal for Chapter: Regulatory Cooperation

12th Meeting of European Ministers responsible for Public Administration, Mondorf-les-Bains, 8 June 2005 RESOLUTIONS

NOTIFICATION ON PERMANENT STRUCTURED COOPERATION (PESCO) TO THE COUNCIL AND

in practice Ways to improve the implementation of national forest programmes

The problem of European governance and accountability. QCEA QPSW conference Brussels, 16 November 2013 Rebecca Gumbrell-McCormick

COMMISSION OF THE EUROPEAN COMMUNITIES COMMISSION STAFF WORKING DOCUMENT. Accompanying document to the

BEUC RESPONSE TO THE STAKEHOLDER CONSULTATION ON SMART REGULATION

DECISION OF THE PRESIDENT OF THE EUROPEAN COMMISSION

Commissioner for Research, Science and Innovation

Conclusions on clean and energy-efficient vehicles for a competitive automotive industry and decarbonised road transport

Water Directors of the EU Member States and other countries members of the EU CIS process

EU Presentation Enhancing existing means of participation. In session Workshop Bonn, 8 June 2011

Commissioner for Competition

Sri Lanka: National Water Resources Authority

Discussing the role of City Agencies in the EU Urban Agenda 1

Commissioner for Transport

COMMISSION OF THE EUROPEAN COMMUNITIES COMMISSION STAFF WORKING DOCUMENT COMMUNITY PROGRAMME FOR EMPLOYMENT AND SOCIAL SOLIDARITY "PROGRESS"

RECOMMENDATIONS. COMMISSION RECOMMENDATION of 9 April 2014 on the quality of corporate governance reporting ( comply or explain )

COMMISSION OF THE EUROPEAN COMMUNITIES

TEXTS ADOPTED. European Parliament resolution of 28 October 2015 on the European Citizens Initiative (2014/2257(INI))

Commissioner Employment, Social Affairs, Skills and Labour Mobility

Economic and Social Council

Commissioner Employment, Social Affairs, Skills and Labour Mobility

(Legislative acts) REGULATIONS

UN-Water and Global Water Partnership (GWP) Roadmapping for Advancing Integrated Water Resources Management (IWRM) Processes

ROADMAP. A. Context and problem definition

Strategic Priorities for Promoting Civil Participation in Decision-Making in Ukraine

Electricity Policies

Lessons learnt from the Middle Bank case study

Commissioner for Trade

SUBMISSION ON JOINT IMPLEMENTATION

Towards an Africa Europe partnership for sustainable development and jobs in rural Africa

Finally, a good strategy must include a sound monitoring and evaluation system as well as a revision mechanism for updating the strategic choices.

On the importance of Monitoring Economic Partnership Agreements:

Lisbon and Gothenburg Strategies for Competitiveness and Sustainability

CEMR Response to the European Transparency Initiative COM (2006) 194

Vice-President for the Euro and Social Dialogue

EU draft Constitution- Provisions gorverning the Common Foreign and Security Policy (CFSP)

Parliamentary engagement with the Sustainable Development Goals (SDGs)

COUNCIL OF THE EUROPEAN UNION. Brussels, 18 February /10 SOC 125 ECOFIN 109

Chapter IV Guidelines on preparing proposals, implementation, and transposition

Commissioner for Environment, Maritime Affairs and Fisheries

CONSULTATIVE COMMITTEE. Opinion on. The Treaty of Lisbon and the EEA

EXPLANATORY MEMORANDUM ON THE EUROPEAN UNION S COMMON FOREIGN AND SECURITY POLICY

NATIONAL PARLIAMENT OPINION

Proposal for a COUNCIL DECISION

VIII 2 Lobbying: an approach. Fundamentals and introduction 2.1 Introduction 2.2 Lobbying as a structured communication process

SWOT ANALYSIS FINAL REPORT

PRIVATE SECTOR ENGAGEMENT THROUGH DEVELOPMENT CO-OPERATION

CONF/PLE(2009)CODE1 CODE OF GOOD PRACTICE FOR CIVIL PARTICIPATION IN THE DECISION-MAKING PROCESS

Copenhagen Declaration

DONOR ASSISTANCE DEVELOPMENT ENVIRONMENT TO CAPACITY DEVELOPMENT CO-OPERATION GUIDELINES SERIES ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT

Commissioner for International Cooperation and Development

Prospects of Environmental Management in FP6 and especially in IST

UN-Water and Global Water Partnership (GWP) Roadmapping for Advancing Integrated Water Resources Management (IWRM) Processes

SUBMISSION BY DENMARK AND THE EUROPEAN COMMISSION ON BEHALF OF THE EUROPEAN UNION AND ITS MEMBER STATES

THEORETICAL DEBATES AND POLITICAL APPROACHES REGARDING TH EUROPEAN UNION GOVERNING

Commissioner for Education, Culture, Youth and Citizenship

FRESHWATER COUNTRY PROFILE SWEDEN

The European Employment Strategy More and better jobs for all

COMMISSION OF THE EUROPEAN COMMUNITIES COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL

Re-advertisement. Title: Sector: Project: Grade: Primary Location: Type of contract Annual salary: Project Appointment USD approx.

EFFLA POLICY BRIEF 2 How to design a European foresight process that contributes to a European challenge driven R&I strategy process

2. The Competitiveness Council hereby submits this Key Issues Paper as its contribution to the Spring European Council 2008.

The involvement of the social partners and organised civil society in the Europe 2020 strategy

Explanatory Memorandum accompanying. COMMISSION REGULATION (EU) No /

Council of the European Union Brussels, 8 December 2017 (OR. en)

Transcription:

Horizontal co-ordination of policies and application of the OMC in EU environmental policy Ingmar von Homeyer Ecologic, Institute for International and European Environmental Policy Options for the OMC in European spatial development, BBR, Bonn, 2 September 2005

Overview 1 Why environmental OMCs? 2 OMCs in EU environmental policy 3 Performance assessment 4 Conclusions Options for the OMC in European spatial development, BBR, Bonn, 2 September 2005 2

Why environmental OMCs? Options for the OMC in European spatial development, BBR, Bonn, 2 September 2005 3

Why environmental OMCs? OMC and EU legislative competencies OMC is usually applied in areas with weak EU legislative competencies Because the EU has strong legislative competencies in the environmental field, one would expect no or only a few environmental OMCs But the rise of the sustainable development paradigm suggests that OMC may be usefully applied in EU environmental policy Options for the OMC in European spatial development, BBR, Bonn, 2 September 2005 4

Why environmental OMCs? Challenge to traditional regulatory approach based predominantly on legislation effectiveness concerns: EU environmental legislation has so far failed to effectively address new environmental problems cutting across environmental media and linked to sectoral structures in transport, agriculture, energy etc.; efficiency concerns: there is increasing pressure to reduce the economic costs of EU environmental legislation and a growing emphasis on economic competitiveness. Options for the OMC in European spatial development, BBR, Bonn, 2 September 2005 5

Why environmental OMCs? Sustainable development and environmental policy integration (EPI) Effectiveness and efficiency concerns contributed to the rise of the sustainable development paradigm on the EU agenda; A provision in the 1997 Amsterdam Treaty requiring the integration of environmental concerns into the definition and implementation of sectoral Community policies marked the EU commitment to sustainable development conceived of mainly as EPI; This was followed by the environmental Cardiff Process which has some OMC characteristics. Starting in 1998, the Cardiff Process required many sectoral formations of the Council of Ministers to develop strategies how to integrate environmental concerns into their respective activities; Detailed EU environmental legislation is increasingly replaced by comprehensive and flexible framework directives designed to improve integration and efficiency. Options for the OMC in European spatial development, BBR, Bonn, 2 September 2005 6

Why environmental OMCs? OMC may address some challenges raised by EPI, framework legislation, and competitiveness and subsidiarity concerns because of its reliance on learning and networks OMC emphasis on learning promises to enable actors to develop a broader view of problems and solutions which may better accommodate environmental and sectoral concerns; Learning based decisions can be expected to comply with the subsidiarity principle (identifying most effective level of intervention) and can to a some extent be based on the authority of knowledge and successful outputs ( output legitimacy ); may help to improve the implementation of framework legislation. OMC network structure fits the multi-level structure of EU environmental governance with interlocked competencies and a highly developed network of societal stakeholders; may also provide participatory democratic legitimacy; may help to mobilise resources for implementation of framework legislation. Options for the OMC in European spatial development, BBR, Bonn, 2 September 2005 7

OMC in EU environmental policy Options for the OMC in European spatial development, BBR, Bonn, 2 September 2005 8

OMC in EU environmental policy Overview of environmental OMCs No official purely environmental OMCs, but Environmental Technology Action Programme (ETAP) which is formally partly based on OMC; the environmental dimension of the Lisbon Strategy. Environmental measures which are not officially labelled as OMC but are very similar to OMC: Common Implementation Strategy of the Water Framework Directive (WFD-CIS); Others, such as the Sevilla Process, which identifies Best Available Techniques (BAT) under the Integrated Pollution Prevention and Control (IPPC) Directive. Options for the OMC in European spatial development, BBR, Bonn, 2 September 2005 9

OMC in EU environmental policy Why include unofficial OMCs? There is no commonly agreed definition of the OMC. The 2000 Lisbon European Council definition is an ideal type because existing OMCs, including the employment and economic coordination OMCs, do not closely correspond to the definition. Unofficial OMCs, such as the WFD-CIS, may have more OMC characteristics than some official OMCs. Rather than being a temporary phenomenon, it seems likely that diversity among OMCs is inherent to OMC because high flexibility is needed to adapt OMC to different contexts. Options for the OMC in European spatial development, BBR, Bonn, 2 September 2005 10

OMC in EU environmental policy Origins and evolution of the environmental dimension of the Lisbon Strategy 2000 Lisbon Strategy focuses on competitiveness & employment; has no environmental dimension; 2001 Gothenburg European Council: adopts conclusions on EU Sustainable Development Strategy (SDS) which adds a third, environmental dimension to the Lisbon Strategy and establishes a new approach to policy making ; 2003 Spring European Council notes Commission intention to carry out an annual stocktaking of the Cardiff process of environmental integration and a regular environment policy review [which are] to be taken into account in [...] Spring reports, starting in 2004 ; 2005 Review of Lisbon Strategy and of EU SDS. Options for the OMC in European spatial development, BBR, Bonn, 2 September 2005 11

OMC in EU environmental policy Processes and instruments of the environmental dimension of the Lisbon Strategy Annual review of SDS by Spring European Council reviewing the Lisbon Strategy based on: Structural Indicators proposed by Commission, agreed by Council: Since 2002 environment is one of six areas; 3 environmental indicators (greenhouse gas emissions; energy intensity of economy; volume of transport per GDP) out of a total of 14; until 2004: 7 out of 42 indicators for environment. Commission s annual Environmental Policy Review and Cardiff Process stocktaking, including review of new approach to policy making at national and EU level : Improved public consultation; Sustainability Impact Assessment. Options for the OMC in European spatial development, BBR, Bonn, 2 September 2005 12

OMC in EU environmental policy Environmental Technology Action Plan (ETAP) Aims to promote the development and use of environmental technologies; Is an offspring of the Lisbon Strategy; Work on ETAP began in 2004; the Commission published a progress report in 2005; Despite some progress, e.g. on green public procurement (GPP), ETAP is still in the process of being set up; For GPP some targets and benchmarks have been agreed, but DG Environment now seems to avoid using the term OMC which is seen as a potential threat to EU environmental legislation; It is too early to assess the performance of ETAP. Options for the OMC in European spatial development, BBR, Bonn, 2 September 2005 13

OMC in EU environmental policy The Water Framework Directive (WFD) The WFD came into force in 2000. It aims to improve water quality in the EU and to achieve good status of water quality by 2015. It uses a broad, integrative approach in at least two ways: the WFD covers a wide range of water resources, including rivers, lakes, ground water, and coastal waters; it is concerned with environmental and economic aspects linked to the concept of sustainable use of water resources. The WFD s framework character means that many critical issues are left unresolved and must be addressed in the implementation phase by adoption of daughter directives, comitology, or Member States individually or collectively. The Common Implementation Strategy (CIS) aims to help Member States to implement the WFD and to avoid implementation failure as a result of incompatible implementation practices among Member States. Options for the OMC in European spatial development, BBR, Bonn, 2 September 2005 14

OMC in EU environmental policy The Common Implementation Strategy (CIS) was established in 2001 jointly by Member States water directors and the Commission. has a three level institutional structure: The biannual meeting of the water directors provides strategic guidance; The Commission chairs the Strategic Co-ordination Group (SCG) which co-ordinates activities at the working level and provides input to the meeting of the Water Directors. Member States are represented in the SCG; Working groups consult on the legally non-binding technical guidance notes which are the main output of the CIS. Most working group members are national officials, but there is also stakeholder participation. is guided by strategic documents which are reviewed biannually by the water directors. has so far completed two phases: the first phase resulted in the adoption of the guidance notes in 2002; in the second phase the guidance notes were tested in pilot river basins. The CIS was reorganised to improve co-ordination and address cross-cutting issues more effectively. The WFD obliges Member States to regularly inform the Commission of the state of implementation. The Commission may use the benchmarks developed in the framework of the CIS as a tool for reporting and monitoring. Options for the OMC in European spatial development, BBR, Bonn, 2 September 2005 15

Assessing the performance of environmental OMCs Options for the OMC in European spatial development, BBR, Bonn, 2 September 2005 16

Performance assessment Zeitlin et al. analyse the performance of the OMC along four dimensions: Substantive change: this includes a wide range of effects ranging from the emergence of a common language to hard policy impacts on the ground ; Procedural shifts in governance and policy making: has the OMC led to organisational changes or resource shifts within the system of governance? Participation and transparency: has the OMC led to more transparent decisionmaking processes and broader participation of interested parties? Mutual learning (simplified framework): this covers various forms of learning. Examples include heuristic learning which leads to the adoption of new or modified preferences and aims; mutual learning as a result of insights into different solutions for similar problems, and reflexive learning based on critical reflection of previous experience. Options for the OMC in European spatial development, BBR, Bonn, 2 September 2005 17

Performance assessment Environmental dimension of the Lisbon Strategy Substantive change: overall impact was small but some impact in areas in which environmental protection offers opportunities for achieving the Lisbon Strategy goals of increasing competitiveness and employment until 2010: it contributed to the launch of the Environmental Technology Action Programme (ETAP); more generally, it contributed to raising awareness of synergies between environmental protection and competitiveness/ employment among political and administrative elites. In areas where environmental protection was seen as less likely to contribute to (medium-term) competitiveness and employment there was no sizeable impact: environmental issues, indicators, and league tables where included in the European Commission s Spring Reports, but they remained add-ons unconnected to the rest of the reports; the original economic and social aims of the Lisbon Strategy were, if anything, only minimally adjusted to take account of the fact that an environmental dimension had been added to the Lisbon Strategy. Options for the OMC in European spatial development, BBR, Bonn, 2 September 2005 18

Performance assessment Environmental dimension of the Lisbon Strategy Procedural shifts in governance and policy making: use of environmental indicators in the Commission s Spring Reports; contributed to improvements in capacities for data collection, and designing, identifying and using common environmental indicators at EU and national levels; prompted the production of the Commission s annual environmental policy review (EPR) and a review of the Cardiff Process of environmental policy integration. Participation and transparency: the process is dominated by Commission and Member State officials; the development and selection of indicators, the drafting of the Commission s Spring Reports, and the decisions taken in response to the reports neither involve the European Parliament nor environmental NGOs. In addition, these processes are intransparent because they are shielded from public scrutiny. Mutual learning: very modest heuristic learning, i.e. raising awareness of the potential for short and mediumterm synergies between environmental protection and economic competitiveness and employment. Options for the OMC in European spatial development, BBR, Bonn, 2 September 2005 19

Performance assessment Environmental dimension of the Lisbon Strategy Overall assessment: The Lisbon environmental dimension had some effects in terms of substantive change, governance, and learning; however these effects were overshadowed by severe shortcomings: in particular with respect to reflexive learning as the original, exclusively economic and social aims of the Lisbon Strategy were not revised in response to the addition of the environmental dimension; Substantive change, awareness raising, and heuristic learning: measures and effects were limited to those that were compatible with the medium term timeframe and the economic and social aims of the Lisbon Strategy; Governance: lack of organisational changes to integrate the environmental dimension into the Lisbon Strategy; environmental indicators remained add-ons ; the EPR has insufficient political status and its contents are too unspecific to provide input to the Lisbon Strategy; Cardiff Process was only separately reviewed once; Transparency is low and there is no participation by stakeholders and civil society. Options for the OMC in European spatial development, BBR, Bonn, 2 September 2005 20

Performance assessment Common Implementation Strategy (CIS) Substantive change: the CIS has resulted in agreement on guidance notes which have been used by Member States to implement the WFD. This has accelerated implementation and contributed to a convergence of national implementation practices, although some large Member States seem to have taken the guidance notes less seriously than many small Member States; enabled discussion and may provide guidance on issues not formally covered by the WFD, but which constitute important conditions for implementation, such as flood protection and wetlands management. Changes in governance and policy making: the CIS has accelerated the creation of national administrative capacities for implementation; strengthened the Commission s capacity to monitor implementation; provided for improved transitional co-ordination of river basin management. Options for the OMC in European spatial development, BBR, Bonn, 2 September 2005 21

Performance assessment Common Implementation Strategy Participation and tranparency: Business representatives and environmental NGOs participate in working group meetings and in the Strategic Co-ordination Group; The CIS seems to be sufficiently transparent only for those actors who take an active interest. Mutual learning: The production of the CIS guidance notes was partly based on mutual learning in the sense of identification of suitable practices; Giving important WFD concepts such as good status of water quality a substantive meaning required significant heuristic learning; Reflexive learning occurred at several levels: the strategic documents were regularly updated against the background of past experience; the institutional structure of the CIS process was adapted as a result of lessons drawn from past performance; the guidance notes were tested in pilot projects. Options for the OMC in European spatial development, BBR, Bonn, 2 September 2005 22

Performance assessment Common Implementation Strategy Overall assessment: the CIS has influenced substantive outcomes and governance structures through mutual, heuristic, and reflexive learning. Civil society and commercial interests have been increasingly involved in the CIS. This has increased the legitimacy of the WFD, in particular in the eyes of environmental NGOs. Despite overall success, some problems and limitations remain: the guidance notes are clearly suboptimal from a pure learning perspective because they also reflect political compromises; in addition to learning and political compromise, agreement on the guidance notes partly reflected a lack of know-how, in particular in the new and smaller Member States; environmental NGOs complain that they are excluded from the most important decisions taken by the water directors. Options for the OMC in European spatial development, BBR, Bonn, 2 September 2005 23

Conclusions Options for the OMC in European spatial development, BBR, Bonn, 2 September 2005 24

Conclusions What explains variation in OMC performance? The performance of the environmental dimension of the Lisbon Strategy was disappointing, whereas the WFD-CIS performed well. Explanations for this variance could include the following: The WFD-CIS is concerned with politically sensitive issues in terms of subsidiarity and sovereignty; the Lisbon environmental dimension is concerned with politically sensitive issues in terms of the left-right ideological dimension and is therefore more politicised; The WFD-CIS is supported by a differentiated institutional structure of highly specialised committees which the Lisbon environmental dimension lacks; The legal obligation to implement the WFD creates incentives for Member States to use the opportunities offered by the CIS which are absent in the case of the environmental dimension of the Lisbon Strategy; Legitimacy and learning benefit from participation by civil society in the case of the WFD-CIS, whereas the environmental dimension of the Lisbon Strategy is cut off from input and pressure by civil society. Options for the OMC in European spatial development, BBR, Bonn, 2 September 2005 25