Category Archives: Interaction between Enterprise Policy and other Policies

Competition rules, environmental considerations, the organisation of work, research and innovation, and counterfeiting and piracy: a business must take a wide range of factors into account in its operations.
Enterprise and industry policy interacts with several other Community policies and combines instruments from different policy areas. The resulting synergy increases the value added of European businesses and strengthens their competitiveness.

Interaction between enterprise policy and other policies

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Interaction between enterprise policy and other policies

Outline of the Community (European Union) legislation about Interaction between enterprise policy and other policies

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Enterprise > Interaction between enterprise policy and other policies

Interaction between enterprise policy and other policies

Competition rules, environmental considerations, the organisation of work, research and innovation, and counterfeiting and piracy: a business must take a wide range of factors into account in its operations.
Enterprise and industry policy interacts with several other Community policies and combines instruments from different policy areas. The resulting synergy increases the value added of European businesses and strengthens their competitiveness.

RESEARCH AND INNOVATION

  • European standards for 2020
  • Standardization as a catalyst for innovation
  • Research and innovation serving growth and employment
  • Seventh Framework Programme (2007 to 2013)

ENVIRONMENT AND SUSTAINABLE DEVELOPMENT

  • Industry and environment
  • A programme for clean and competitive SMEs
  • Environmental liability
  • Ecolabel
  • Environmental agreements
  • Greenhouse gas emission allowance trading scheme
  • Programme LIFE+
  • Action plan in favour of environmental technologies

ENERGY

  • SET-Plan for the development of low carbon technologies
  • Strategic Energy Technology Plan (SET Plan)
  • Towards a European Strategic Energy Technology Plan
  • Ecodesign for energy-using appliances

Industry and environment

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Industry and environment

Outline of the Community (European Union) legislation about Industry and environment

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Enterprise > Interaction between enterprise policy and other policies

Industry and environment

Document or Iniciative

Conclusions of the Council of 14 and 15 May 2001 on “A strategy for integrating sustainable development in the European Union’s enterprise policy” for the Gothenburg European Council.

Conclusions of the Council of 6 and 7 June 2002 on enterprise policy and sustainable development.

Summary

The activities carried out by businesses can exert considerable pressure on the environment. European legislation lays down rules aimed at preventing pollution and repairing the damage companies cause to the environment. It also contains measures aimed at promoting the development of environmentally friendly industrial activities.

The European Union’s objective is to separate the economic development of businesses from the environmental damage that their activities cause, by ensuring a high level of environmental protection without compromising business competitiveness.

Preventing pollution and repairing damage to the environment

Article 174 of the Treaty establishing the European Community (EC Treaty) sets out the basic principles of Community action on the environment, in particular the precautionary principle and the polluter pays principle. These general principles are implemented by specific legislation applicable to industrial activities in Europe.

Under Article 6 of the EC Treaty environmental protection requirements must be integrated into Community policies, in particular with a view to promoting sustainable development.

By adopting the strategy for sustainable development at the Gothenburg European Council in 2001, the EU made the simultaneous pursuit of environmental objectives and the integration of the environment into economic and social objectives one of its priorities.

European legislation on the environment sets limits on the amount of polluting substances discharged by industry into the air or water.

In order to prevent or minimise pollutants being released into the air, water and soil as well as waste, in particular from industrial plants, the IPPC Directive also establishes a procedure for authorising activities with a high pollution potential and sets minimum requirements to be included in all permits, particularly in terms of pollutants released.

In addition, the EIA Directive (SK) (SL) (FI) requires an environmental impact assessment to be carried out on certain public and private projects before they can be approved. This is the case in particular for projects involving dangerous industrial plants such as oil refineries or chemical facilities.

The environmental liability of companies is covered specifically in Directive 2004/35/EC, with a view to preventing and repairing damage to the environment. This liability regime applies to some explicitly listed occupational activities as well as other occupational activities when the operator is guilty of error or negligence.

Companies whose activities involve hazardous substances are also subject to certain specific obligations in order to prevent accidents and limit their consequences.

European legislation also sets out detailed rules for the management of waste produced by businesses, both for “traditional” waste (recycling, landfill, incineration, etc.) and for certain specific types of waste (radioactive substances and waste, plastics, waste resulting from certain industrial activities).

Waste management is increasingly seen as a stage in the life cycle of resources and products. Thematic strategies on preventing and recycling waste and on the sustainable use of natural resources adopted in 2005 focus mainly on the ways of promoting more sustainable waste management, reducing the amount of waste produced, minimising the environmental impact of waste and reducing the use of resources. This global, life cycle-based approach obliges businesses to manage their resources and products in a more sustainable way.

Promoting environmentally-friendly activities

The Council stated in its conclusions of May 2001 that an effective strategy for integrating sustainable development into industrial policy cannot be based on legislation alone, but that a large part of this work must be stem from market-based and voluntary approaches. It reiterated that integrating sustainable development is a challenge, but at the same time an opportunity to stimulate innovation and create new economic prospects and a competitive advantage for European businesses.

The EU has instruments that favour the development of environmentally friendly economic activities. The aim is to boost the competitiveness of businesses that meet environmental standards or help improve the environment. These instruments include incentives and measures aimed at facilitating business activities.

Among these incentives, the EU offers businesses numerous funding possibilities in the form of co-financing or loans through various financial instruments and programmes, such as LIFE or the successive research and technical development framework programmes, or through other financial institutions such as the European Investment Bank (EIB) or the European Structural Funds.

Other incentives focus on improving businesses’ visibility and image. The main examples are the Ecolabel, the Community Eco-Management and Audit Scheme (EMAS) and certain one-off events such as the European Business Awards for the Environment.

European action also aims to facilitate businesses’ activities, in particular by spreading best practice resulting from instruments such as the IPPC Directive on integrated pollution prevention and control, integrated product policy, European standardisation, or the Best project. The integrated product policy is the main policy for promoting sustainable production and consumption. The Commission and the national and local public authorities must act as catalysts by fostering dialogue and coordinating the spread of knowledge and best practices.

The EU has also developed instruments to improve the regulatory and management frameworks in which businesses develop. These include the action plan in favour of ecotechnologies, the EMAS system and the promotion of voluntary agreements between businesses.

Voluntary initiatives taken by businesses as part of corporate social responsibility (CSR) practices play an important role in integrating social and environmental concerns into business strategies and action. These initiatives demonstrate the business sector’s commitment to sustainable development, innovation and competitiveness.

Background

The Vienna European Council (December 1998) asked the Industry Council to define a strategy aimed at integrating environmental issues and sustainable development into enterprise policy.

The Cardiff European Council (June 1998) laid the foundations for coordinated action at Community level to integrate environmental requirements into the Union’s policies.

The Sixth Environment Action Programme, adopted in September 2002, reaffirmed the importance of the principle of integration and laid the foundations needed to create the horizontal thematic strategies which required by the various economic and political actors.

Related Acts

Commission working document of 1 June 2004 – Integrating environmental considerations into other policy areas – a stocktaking of the Cardiff process [COM(2004) 394 final – Official Journal C 49 of 26.02.2006].
In this document the Commission stresses the substantial positive achievements made as a result of measures to integrate environmental considerations into industrial activities. These measures have contributed to an overall reduction of carbon dioxide produced by European industries. They have also made it possible to break the link between industrial activities and emissions of atmospheric pollutants (acidifying gas and ozone precursors in particular), and to some extent between energy production and the use of raw materials. However, despite this progress the Commission indicates that industrial production processes still account for a considerable share of all pollution in Europe. Industry generates 21% of EU greenhouse gas emissions and is a major source of pollution (such as heavy metals, volatile organic compounds, nutrients, etc.).

Communication from the Commission of 11 December 2002 on industrial policy in an enlarged Europe [COM(2002) 714 final – Not published in the Official Journal].

Communication from the Commission of 15 May 2001 – A Sustainable Europe for a Better World: A European Union Strategy for Sustainable Development (Commission’s proposal to the Gothenburg European Council) [COM(2001) 264 – Not published in the Official Journal].
The EU has formulated a long-term strategy to dovetail the policies for economically, socially and environmentally sustainable development, its goal being sustainable improvement of the well-being and standard of living of current and future generations. A review of this strategy was launched in 2005.

Council report of 9 November 1999 on the integration of sustainable development in the Union’s industrial policy, written for the Helsinki European Council.
In this report the Council points out that the integration of environmental considerations into industrial policy is based on certain essential principles, namely the importance of competitiveness as a key aspect of industrial policy in the three dimensions (economic, social and environmental) of sustainable development, the satisfactory cost/efficiency ratio of policies and business measures, the promotion of voluntary action between parties involved, and the specific features and interests of small and medium-sized enterprises.

Conclusions of the Council of 29 April 1999 on integrating the environment and sustainable development into the industrial policy of the EU.

 

Action plan in favour of environmental technologies

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Action plan in favour of environmental technologies

Outline of the Community (European Union) legislation about Action plan in favour of environmental technologies

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Enterprise > Interaction between enterprise policy and other policies

Action plan in favour of environmental technologies

The European Union is adopting an action plan to promote environmental technologies (technologies whose use is less environmentally harmful than relevant alternatives) in order to reduce pressures on our natural resources, improve the quality of life of European citizens and stimulate economic growth. The action plan’s objectives are to remove the obstacles so as to tap the full potential of environmental technologies, to ensure that the EU takes a leading role in applying them and to mobilise all stakeholders in support of these objectives.

Document or Iniciative

Communication from the Commission to the Council and the European Parliament of 28 January 2004 entitled: “Stimulating technologies for sustainable development: an environmental technologies action plan for the European Union” [COM(2004) 38 final – Not published in the Official Journal].

Summary

This action plan in favour of environmental technologies concerns technologies to manage pollution, less polluting and less resource-intensive products and services and ways to manage resources more efficiently. These environmentally friendly technologies pervade all economic activities and sectors. They cut costs and improve competitiveness by reducing energy and resource consumption and so creating fewer emissions and less waste.

Key factors in promoting the environmental technologies

The Commission identifies a number of factors which in its opinion are of importance when promoting environmental technologies and which underpin this action plan:

  • environmental technologies are very diverse and can be applied in all economic sectors;
  • many environmental technologies are under-used, because of among other things low consumer awareness of their benefits, difficult access to finance and market prices which do not reflect the environmental benefits;
  • targeted and effective incentives can contribute to the successful introduction of environmental technologies;
  • reducing uncertainty about future market developments would boost investment in environmental technologies;
  • the experience and commitment of the various stakeholders is vital in promoting environmental technologies;
  • the optimum use of policy and economic instruments (such as legislation, voluntary measures etc.) can accelerate the uptake of environmental technologies;
  • some of the measures which are needed to promote environmental technologies may not affect investment decisions immediately.

In Annex II to this communication, the Commission identifies the barriers to the development of environmentally friendly technologies. There are four types: economic, regulatory, technological and diffusion barriers.

Actions proposed in the plan

The actions proposed fall into three main areas according to their effect:

  • getting environmental technologies from research laboratories to markets;
  • improving market conditions to promote the adoption of environmental technologies;
  • promoting environmental technologies at global level.

In order to get environmental technologies from the research laboratories to the markets, three priority actions are proposed:

  • develop and focus research, demonstration and dissemination programmes;
  • establish technology platforms for environmental technologies;
  • establish European networks for standardisation, testing and performance verification related to environmental technologies.

To improve market conditions, the Commission is proposing among other things to:

  • set performance targets for the main products, services and processes;
  • use financial instruments (loans, risk capital, guarantee mechanisms) to share the risk of investing in environmental technologies;
  • review the guidelines on State aid;
  • revise subsidies which have a negative impact on the environment;
  • encourage the purchase of environmental technologies;
  • increase consumer and business awareness of environmental technologies;
  • organise targeted training in environmental technologies.

With a view to promoting environmental technologies at international level, the priority action proposed by the Commission seeks to encourage responsible investment in environmentally-friendly technologies, as well as the use of environmental technologies in developing countries and those undergoing economic transition.

Background

This Action Plan is based on the results of extensive stakeholder consultations and an assessment of the barriers hindering the development of environmental technologies.

The Action Plan will be implemented in synergy with the Lisbon Process and the 6th Framework Programme for Research and Technological Development.

Related Acts

Following up the Action Plan

Communication from the Commission of 27 January 2005: Report on the implementation of the Environmental Technologies Action Plan in 2004 [COM(2005) 16 – Official Journal C 123 of 21.05.2005].
The Commission considers that the implementation of the priorities in the Action Plan is well underway, particularly in terms of establishing technology platforms and key orientation documents which should catalyse the development of environmental technologies, funding from the European Investment Bank (EIB) and the preparation for an international support fund. However, the Commission highlights the need to step up work in this area, in particular by mobilising European risk funding, fixing environmental performance targets for products, processes and services, establishing an EU wide system for testing and verifying environmental technologies as part of work to revise the Guidelines for environmental State aids, defining market development and industrial performance indicators, setting up national implementing roadmaps and drawing up action plans for public procurement.

Another Normative about Action plan in favour of environmental technologies

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic

Employment and social policy > European Strategy for Growth > Growth and jobs

Action plan in favour of environmental technologies

The European Union is adopting an action plan to promote environmental technologies (technologies whose use is less environmentally harmful than relevant alternatives) in order to reduce pressures on our natural resources, improve the quality of life of European citizens and stimulate economic growth. The action plan’s objectives are to remove the obstacles so as to tap the full potential of environmental technologies, to ensure that the EU takes a leading role in applying them and to mobilise all stakeholders in support of these objectives.

Document or Iniciative

Communication from the Commission to the Council and the European Parliament of 28 January 2004 entitled: “Stimulating technologies for sustainable development: an environmental technologies action plan for the European Union” [COM(2004) 38 final – Not published in the Official Journal].

Summary

This action plan in favour of environmental technologies concerns technologies to manage pollution, less polluting and less resource-intensive products and services and ways to manage resources more efficiently. These environmentally friendly technologies pervade all economic activities and sectors. They cut costs and improve competitiveness by reducing energy and resource consumption and so creating fewer emissions and less waste.

Key factors in promoting the environmental technologies

The Commission identifies a number of factors which in its opinion are of importance when promoting environmental technologies and which underpin this action plan:

  • environmental technologies are very diverse and can be applied in all economic sectors;
  • many environmental technologies are under-used, because of among other things low consumer awareness of their benefits, difficult access to finance and market prices which do not reflect the environmental benefits;
  • targeted and effective incentives can contribute to the successful introduction of environmental technologies;
  • reducing uncertainty about future market developments would boost investment in environmental technologies;
  • the experience and commitment of the various stakeholders is vital in promoting environmental technologies;
  • the optimum use of policy and economic instruments (such as legislation, voluntary measures etc.) can accelerate the uptake of environmental technologies;
  • some of the measures which are needed to promote environmental technologies may not affect investment decisions immediately.

In Annex II to this communication, the Commission identifies the barriers to the development of environmentally friendly technologies. There are four types: economic, regulatory, technological and diffusion barriers.

Actions proposed in the plan

The actions proposed fall into three main areas according to their effect:

  • getting environmental technologies from research laboratories to markets;
  • improving market conditions to promote the adoption of environmental technologies;
  • promoting environmental technologies at global level.

In order to get environmental technologies from the research laboratories to the markets, three priority actions are proposed:

  • develop and focus research, demonstration and dissemination programmes;
  • establish technology platforms for environmental technologies;
  • establish European networks for standardisation, testing and performance verification related to environmental technologies.

To improve market conditions, the Commission is proposing among other things to:

  • set performance targets for the main products, services and processes;
  • use financial instruments (loans, risk capital, guarantee mechanisms) to share the risk of investing in environmental technologies;
  • review the guidelines on State aid;
  • revise subsidies which have a negative impact on the environment;
  • encourage the purchase of environmental technologies;
  • increase consumer and business awareness of environmental technologies;
  • organise targeted training in environmental technologies.

With a view to promoting environmental technologies at international level, the priority action proposed by the Commission seeks to encourage responsible investment in environmentally-friendly technologies, as well as the use of environmental technologies in developing countries and those undergoing economic transition.

Background

This Action Plan is based on the results of extensive stakeholder consultations and an assessment of the barriers hindering the development of environmental technologies.

The Action Plan will be implemented in synergy with the Lisbon Process and the 6th Framework Programme for Research and Technological Development.

Related Acts

Following up the Action Plan

Communication from the Commission of 27 January 2005: Report on the implementation of the Environmental Technologies Action Plan in 2004 [COM(2005) 16 – Official Journal C 123 of 21.05.2005].
The Commission considers that the implementation of the priorities in the Action Plan is well underway, particularly in terms of establishing technology platforms and key orientation documents which should catalyse the development of environmental technologies, funding from the European Investment Bank (EIB) and the preparation for an international support fund. However, the Commission highlights the need to step up work in this area, in particular by mobilising European risk funding, fixing environmental performance targets for products, processes and services, establishing an EU wide system for testing and verifying environmental technologies as part of work to revise the Guidelines for environmental State aids, defining market development and industrial performance indicators, setting up national implementing roadmaps and drawing up action plans for public procurement.

Programme LIFE+

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Programme LIFE+

Outline of the Community (European Union) legislation about Programme LIFE+

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Agriculture > Environment

Programme LIFE+

Document or Iniciative

Regulation (EC) No 614/2007 of the European Parliament and of the Council of 23 May 2007 concerning the Financial Instrument for the Environment (LIFE+).

Summary

As its name suggests the LIFE+ programme succeeds the LIFE programme launched in 1992. Like its predecessor LIFE+ co-finances environmental projects in the European Union (EU) and in certain third countries (EU candidate counties, EFTA countries that are members of the European Environmental Agency, and the Western Balkan countries that are part of the Stabilisation and Association Process). Either private or public bodies and institutions may submit projects for funding.

The three thematic components

The LIFE+ programme is divided into three thematic components:

  • LIFE+ “Nature and biodiversity”;
  • LIFE+ “Environment Policy & Governance”; and
  • LIFE+ “Information & Communication”.

The multi-annual strategic programme set out in Annex II to this Regulation details the priority areas of action.

Duration and budgetary resources

The financial framework for LIFE+ is 2 143 409 000 for the period from 1 January 2007 to 31 December 2013.

Project selection

Each year, the Commission issues a call for proposals, taking into account the multi-annual strategic programme set out in Annex II and any national priorities it is aware of. The Commission decides which out of the submitted projects qualify for financial support under LIFE+ and regularly publishes the list of these projects.

Eligibility criteria

To qualify for funding, projects must:

  • be of Community interest by contributing to the development, implementation and updating of Community environmental policy and environmental legislation;
  • be technically and financially coherent and feasible and provide value for money;
  • satisfy at least one of the following criteria:
    1. be best-practice or demonstration projects concerning the protection of wild birds or habitats;
    2. be innovative or demonstration projects at Community level concerning the objectives of environmental policy;
    3. consist of awareness-raising and training campaigns on forest fire prevention;
    4. relate to the broad-based, harmonised, comprehensive and long-term monitoring of forests and environmental interactions.

Types of intervention

Community financing may take a number of forms:

  • be grant agreements (framework partnership agreements, participation in financial mechanisms and funds, or co-funding of operating or action grants);
  • public procurement contracts (for the purchase of services and goods.

Programming

At least 78 % of LIFE+ resources are used to fund action grants for projects. The maximum rate of co-financing of action grants is 50 % of eligible costs. However, for projects concerning the protection of priority habitats or priority species, LIFE+ may finance up to 75 % of eligible costs. At least 50 % of the funds allocated to action grants for projects are reserved for nature conservation and biodiversity. In addition, at least 15 % of the funds allocated to action grants for projects are reserved for cross-border projects.

Co-financed projects must be distributed proportionately by the Commission. The Commission establishes indicative annual allocations for the periods 2007-2010 and 2010-2013 based on the total population and population density of each Member State, and the area of sites of Community importance in each Member State and the proportion of a Member State’s territory covered by sites of Community importance. Additional funding may be allocated to land-locked Member States.

Complementarity between financial instruments

LIFE+ does not finance measures meeting the criteria for other Community financial instruments or that receive support from them, whether from the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development, the Competitiveness and Innovation Framework Programme, the European Fisheries Fund or the Seventh Framework Programme for research, technological development and demonstration activities.

Monitoring and audits

The Commission carries out audits of funding, monitors project implementation, recovers any sums improperly received, and implements the activities funded.

The Commission will carry out a mid-term review of LIFE+ by 30 September 2010 at the latest.

Background

LIFE+ replaces existing financial programmes (the LIFE programme, the cooperation programme to promote sustainable urban development, the Programme promoting non-governmental organisations and Forest Focus), grouping them under a single set of rules and decision-making procedures and allowing for more consistent targeting, thereby making the Community’s work more effective. Funding committed under these programmes before the entry into force of LIFE+ will remain subject to the same rules until completion.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal

Regulation (EC) No 614/2007

12.6.2007 –
31.12.2013

–

OJ L 149, 9.6.2007

Related Acts

Communication from the Commission to the European Parliament and the Council of 30 September 2010 – Mid-term review of the LIFE+ Regulation [COM(2010) 516 final – Not published in the Official Journal].

Another Normative about Programme LIFE+

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic

Enterprise > Interaction between enterprise policy and other policies

Programme LIFE+

Document or Iniciative

Regulation (EC) No 614/2007 of the European Parliament and of the Council of 23 May 2007 concerning the Financial Instrument for the Environment (LIFE+).

Summary

As its name suggests the LIFE+ programme succeeds the LIFE programme launched in 1992. Like its predecessor LIFE+ co-finances environmental projects in the European Union (EU) and in certain third countries (EU candidate counties, EFTA countries that are members of the European Environmental Agency, and the Western Balkan countries that are part of the Stabilisation and Association Process). Either private or public bodies and institutions may submit projects for funding.

The three thematic components

The LIFE+ programme is divided into three thematic components:

  • LIFE+ “Nature and biodiversity”;
  • LIFE+ “Environment Policy & Governance”; and
  • LIFE+ “Information & Communication”.

The multi-annual strategic programme set out in Annex II to this Regulation details the priority areas of action.

Duration and budgetary resources

The financial framework for LIFE+ is 2 143 409 000 for the period from 1 January 2007 to 31 December 2013.

Project selection

Each year, the Commission issues a call for proposals, taking into account the multi-annual strategic programme set out in Annex II and any national priorities it is aware of. The Commission decides which out of the submitted projects qualify for financial support under LIFE+ and regularly publishes the list of these projects.

Eligibility criteria

To qualify for funding, projects must:

  • be of Community interest by contributing to the development, implementation and updating of Community environmental policy and environmental legislation;
  • be technically and financially coherent and feasible and provide value for money;
  • satisfy at least one of the following criteria:
    1. be best-practice or demonstration projects concerning the protection of wild birds or habitats;
    2. be innovative or demonstration projects at Community level concerning the objectives of environmental policy;
    3. consist of awareness-raising and training campaigns on forest fire prevention;
    4. relate to the broad-based, harmonised, comprehensive and long-term monitoring of forests and environmental interactions.

Types of intervention

Community financing may take a number of forms:

  • be grant agreements (framework partnership agreements, participation in financial mechanisms and funds, or co-funding of operating or action grants);
  • public procurement contracts (for the purchase of services and goods.

Programming

At least 78 % of LIFE+ resources are used to fund action grants for projects. The maximum rate of co-financing of action grants is 50 % of eligible costs. However, for projects concerning the protection of priority habitats or priority species, LIFE+ may finance up to 75 % of eligible costs. At least 50 % of the funds allocated to action grants for projects are reserved for nature conservation and biodiversity. In addition, at least 15 % of the funds allocated to action grants for projects are reserved for cross-border projects.

Co-financed projects must be distributed proportionately by the Commission. The Commission establishes indicative annual allocations for the periods 2007-2010 and 2010-2013 based on the total population and population density of each Member State, and the area of sites of Community importance in each Member State and the proportion of a Member State’s territory covered by sites of Community importance. Additional funding may be allocated to land-locked Member States.

Complementarity between financial instruments

LIFE+ does not finance measures meeting the criteria for other Community financial instruments or that receive support from them, whether from the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development, the Competitiveness and Innovation Framework Programme, the European Fisheries Fund or the Seventh Framework Programme for research, technological development and demonstration activities.

Monitoring and audits

The Commission carries out audits of funding, monitors project implementation, recovers any sums improperly received, and implements the activities funded.

The Commission will carry out a mid-term review of LIFE+ by 30 September 2010 at the latest.

Background

LIFE+ replaces existing financial programmes (the LIFE programme, the cooperation programme to promote sustainable urban development, the Programme promoting non-governmental organisations and Forest Focus), grouping them under a single set of rules and decision-making procedures and allowing for more consistent targeting, thereby making the Community’s work more effective. Funding committed under these programmes before the entry into force of LIFE+ will remain subject to the same rules until completion.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal

Regulation (EC) No 614/2007

12.6.2007 –
31.12.2013

–

OJ L 149, 9.6.2007

Related Acts

Communication from the Commission to the European Parliament and the Council of 30 September 2010 – Mid-term review of the LIFE+ Regulation [COM(2010) 516 final – Not published in the Official Journal].

Environmental liability

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Environmental liability

Outline of the Community (European Union) legislation about Environmental liability

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Enterprise > Interaction between enterprise policy and other policies

Environmental liability

Document or Iniciative

Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage.

Summary

The Directive establishes a framework for environmental liability based on the “polluter pays” principle, with a view to preventing and remedying environmental damage.

Environmental damage

Under the terms of the Directive, environmental damage is defined as:

  • direct or indirect damage to the aquatic environment covered by Community water management legislation;
  • direct or indirect damage to species and natural habitats protected at Community level by the 1979 “Birds” Directive or by the 1992 “Habitats” Directive;
  • direct or indirect contamination of the land which creates a significant risk to human health.

Scope of the principle of liability

The principle of liability applies to environmental damage and imminent threat of damage resulting from occupational activities, where it is possible to establish a causal link between the damage and the activity in question.

The Directive therefore distinguishes between two complementary situations, each one governed by a different liability scheme: occupational activities specifically mentioned in the Directive and other occupational activities.

The first liability scheme applies to the dangerous or potentially dangerous occupational activities listed in Annex III to the Directive. These are mainly agricultural or industrial activities requiring a licence under the Directive on integrated pollution prevention and control, activities which discharge heavy metals into water or the air, installations producing dangerous chemical substances, waste management activities (including landfills and incinerators) and activities concerning genetically modified organisms and micro-organisms. Under this first scheme, the operator may be held responsible even if he is not at fault.

The second liability scheme applies to all occupational activities other than those listed in Annex III to the Directive, but only where there is damage, or imminent threat of damage, to species or natural habitats protected by Community legislation. In this case, the operator will be held liable only if he is at fault or negligent.

The Directive provides for a certain number of exemptions from environmental liability. The liability scheme does not apply in the case of damage or imminent damage resulting from armed conflict, natural disaster, activities covered by the Treaty establishing the European Atomic Energy Community, national defence or international security activities or activities covered by the international conventions listed in Annex IV.

Preventing and remedying environmental damage

Where there is an imminent threat of environmental damage, the competent authority designated by each Member State may:

  • require the operator (the potential polluter) to take the necessary preventive measures; or
  • take the necessary preventive measures and then recover the costs incurred.

Where environmental damage has occurred, the competent authority may:

  • require the operator concerned to take the necessary restorative measures (determined on the basis of the rules and principles set out in Annex II to the Directive); or
  • take the necessary restorative measures and then recover the costs incurred. Where several instances of environmental damage have occurred, the competent authority may determine the order of priority according to which they must be remedied.

Environmental damage may be remedied in different ways depending on the type of damage:

  • for damage affecting the land, the Directive requires that the land concerned be decontaminated until there is no longer any serious risk of negative impact on human health;
  • for damage affecting water or protected species and natural habitats, the Directive is aimed at restoring the environment to how it was before it was damaged. For this purpose, the damaged natural resources or impaired services must be restored or replaced by identical, similar or equivalent natural resources or services either at the site of the incident or, if necessary, at an alternative site.

In Annex II to the Directive there is further information on the method that has to be taken into account in order to remedy environmental damage.

Costs of preventing and remedying damage

If the competent authority has carried out preventive and remedial actions itself, the authority may recover the costs it has borne from the operator responsible for the damage or imminent threat of damage. The same principle applies to environmental assessments carried out to determine the extent of damage and the action to be taken to repair it. The competent authority must initiate cost recovery proceedings within five years of the date on which the remediation and repair measures have been completed or the date on which the liable operator, or third party, has been identified, whichever is the later.

If several operators are jointly responsible for damage, they must bear the costs of repair either jointly and severally or on a proportional basis.

The Directive does not oblige operators to take out a financial security, such as insurance, to cover their potential insolvency. However, Member States are required to encourage operators to make use of such mechanisms.

Request for action

Natural or legal persons who may be adversely affected by environmental damage and environment protection organisations may, subject to certain conditions, ask the competent authorities to act when faced with damage. Persons and organisations requesting action may bring legal action before a court or an ad hoc body for review of the lawfulness of the decisions and actions of the competent authority, or of its failure to act.

Cooperation between Member States

Where damage or a threat of damage may affect more than one Member State, the Member States concerned must cooperate on the preventive or remedial action to be taken.

Reports

Member States must report to the Commission on the application of the Directive by 30 April 2013 at the latest. The Commission will present a report to the Parliament and the Council based on the national reports together with appropriate proposals, if necessary, by 30 April 2014 at the latest.

REFERENCES

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 2004/35/EC

30.4.2004

30.4.2007

OJ L 143 of 30.4.2004

Successive amendments and corrections to Directive 2004/35/EC have been incorporated into the basic text. This consolidated versionis for information only.

Related Acts

Report from the Commission of 12 October 2010 under Article 14(2) of Directive 2004/35/EC on the environmental liability with regard to the prevention and remedying of environmental damage [COM(2010) 581 final – Not published in the Official Journal].

Environmental agreements

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Environmental agreements

Outline of the Community (European Union) legislation about Environmental agreements

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Environmental agreements

Improving the environmental performance of companies and implement sustainable production methods by encouraging voluntary commitments and agreements in accordance with the sixth Action Programme for the environment.

2) Document or Iniciative

Communication from the Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions of 17 July 2002 on Environmental Agreements at Community Level within the Framework of the Action Plan on the “Simplification and Improvement of the Regulatory Environment„ [COM(2002) 412 final – Not published in the Official Journal]

3) Summary

The Action Plan on Simplifying and Improving the Regulatory Environment [COM(2002) 278 final] was published by the Commission in June 2002. Simplifying and improving the regulatory environment will in the present context of the European Union help to better adapt Community legislation, ensure a high level of legal certainty and enable economic and social operators to be more dynamic.

In the framework of the fifth Action Programme for the environment, the Commission adopted in 1996 a Communication on environmental agreements [COM(1996) 561 final]. It stressed the advantages of such agreements:

  • a proactive approach by industry;
  • effective and tailor-made solutions;
  • fast achievement of environmental objectives.

The 1996 Communication focused on agreements of the Member States whereas the new Communication exclusively concerns the use of agreements at Community level.

The Union is currently striving for environmental agreements in a number of specific fields such as the use of PVC, integrated product policy, waste management and climate change.

All the environmental agreements covered by the Communication contribute to achieving the objectives of Union policy on the environment. There are three different types:

  • agreements initiated by stakeholders in fields where the Commission has not drafted legislation and has not indicated its intention to do so;
  • agreements adopted by stakeholders in response to the Commission’s stated intention to draft legislation;
  • agreements ensuing from a Commission initiative.

Self-regulation and co-regulation

Environmental agreements are a form of self-regulation as they are not binding at Community level. However, the Commission can encourage them, recognise them (this applies to self-regulation) or propose that the legislature make use of them (this applies to co-regulation).

Self-regulation concerns agreements concluded among the social partners, economic operators, NGOs or associations in order to regulate and organise their activities. In general, the initiative is taken by the parties themselves. While self-regulation does not involve the adoption of a legislative instrument, the Commission can nevertheless decide to introduce an evaluation system. Such environmental agreements are generally recognised at Community level:

  • by a recommendation from the Commission accompanied by adoption of the agreement or by an exchange of letters between the Commission and representatives of the sector recognising the agreement;
  • by a recommendation from the Commission accompanied by a Council and European Parliament decision setting up a monitoring and reporting system.

Co-regulation concerns agreements concluded in the framework of a Community legislative instrument laying down the objectives to be achieved, the timetable to be met, monitoring methods and penalties to be imposed for non-compliance. Details for implementation are set out in the agreements. In general, it is the Commission that takes the initiative for such agreements.

Conditions to be met

Environmental agreements should comply with:

  • the provisions of the Community Treaties (in particular the rules on competition, the internal market and State aid for the environment) and all international commitments of the Union;
  • the inter-institutional balance between the Commission, Council and Parliament;
  • the obligations concerning multilateral trade laid down by the World Trade Organisation. The agreements should provide for the participation of operators from third countries;
  • the provisions of the Aarhus Convention;
  • national and Community judicial control.

Evaluation criteria

In addition to the objectives set by the sixth Action Plan for the environment, agreements should present a real added value with regard to the level of protection of the environment. Other criteria should also be taken into account:

  • evaluation of the agreements should take account of the cost-benefit ratio. Administrative costs should not be higher than those of other available instruments;
  • signatories to environmental agreements should represent the majority of the economic sector concerned and should be responsible and organised;
  • the objectives of the agreements must be clearly stated without any ambiguity. If the agreement covers a long period, intermediate objectives must likewise be specified. There must be reliable indicators to measure the extent to which objectives have been achieved;
  • agreements should be accessible to the public on the internet, and the same applies to the relevant reports and accounts. Interested parties should be able to express their opinions;
  • environmental agreements should include a monitoring and reporting system for achieving the objectives;
  • agreements should incorporate matters relating to sustainable development and consumer protection.

Procedures

This Communication proposes a procedure for adopting environmental agreements when they are used as instruments for self-regulation. First of all, the Commission will analyse the agreement and inform Parliament and the Council whether or not it intends to recognise it. It will also publish this intention on its website in order to enable members of the public to state their views. The Council and Parliament can hold hearings and organise information campaigns on the issues covered. Once all comments have been received, in particular from the Council and Parliament, the Commission will decide whether the agreement ought to be recognised. The text of the agreement will be published on the Commission’s website and the recommendation concerning the agreement will be published in the Official Journal. Next, the Commission will monitor whether the objectives of the agreement are being achieved and inform the Council, Parliament and the public of its findings. If the objectives are not attained, the Commission may propose binding legislation in the field.

A procedure for environmental agreements taking the form of co-regulation instruments is likewise proposed. All key elements will be incorporated in the legal instrument, in particular the objectives and monitoring mechanisms. Before the instrument is adopted in accordance with the codecision procedure, consultation will take place among the stakeholders. The agreement and the results of monitoring will be published on the Commission’s website. If the agreement does not produce the results envisaged, the Commission can still propose binding legislation as in the case of self-regulation.

4) Implementing Measures

5) Follow-Up Work

 

Ecolabel

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Ecolabel

Outline of the Community (European Union) legislation about Ecolabel

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

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Ecolabel

Document or Iniciative

Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel.

Summary

The EU Ecolabel may be awarded to products and services which have a lower environmental impact than other products in the same group *. The label criteria were devised using scientific data on the whole of a product’s life cycle, from product development to disposal.

The label may be awarded to all goods or services distributed, consumed or used on the Community market whether in return for payment or free of charge. It does not apply to medicinal products for human or veterinary use, or to medical devices.

The system was introduced by Regulation (EEC) No 880/92 and amended by Regulation (EC) No 1980/2000. This Regulation (EEC) No 66/2010 aims to improve the rules on the award, use and operation of the label.

Award criteria

The label shall be awarded in consideration of European environmental and ethical objectives. In particular:

  • the impact of goods and services on climate change, nature and biodiversity, energy and resource consumption, generation of waste, pollution, emissions and the release of hazardous substances into the environment;
  • the substitution of hazardous substances by safer substances;
  • durability and reusability of products;
  • ultimate impact on the environment, including on consumer health and safety;
  • compliance with social and ethical standards, such as international labour standards;
  • taking into account criteria established by other labels at national and regional levels;
  • reducing animal testing.

The label cannot be awarded to products containing substances classified by Regulation (EC) No 1272/2008 as toxic, hazardous to the environment, carcinogenic or mutagenic, or substances subject to the regulatory framework for the management of chemicals.

Competent bodies

Member States shall designate one or more bodies responsible for the labelling process at national level. Their operations shall be transparent and their activities shall be open to the involvement of all interested parties.

They are specifically responsible for regularly checking that products comply with the label criteria. Their remit also includes receiving complaints, informing the public, monitoring false advertising and prohibiting products.

The procedure for award and use of the label

In order to be awarded the label, economic operators shall submit an application to:

  • one or more Member State(s), which will send it to the competent national body;
  • a third State, which will send it to the Member State where the product is marketed.

If the product complies with the label criteria, the competent body shall conclude a contract with the operator, establishing the terms of use and withdrawal of the label. The operator may then place the label on the product. The use of the label is subject to payment of a fee when the application is made, and an annual fee.

The Commission has created a catalogue of products which have been awarded the label.

The European Union Ecolabelling Board (EUEB)

The Commission shall establish a committee representing the national competent bodies. The Commission shall consult the EUEB when developing or revising the award criteria and requirements of the label.

Context

Regulation (EC) No 1980/2000 is repealed. However, it shall continue to apply to contracts concluded before the current Regulation entered into force, until the date of expiry specified in the contracts.

Key terms of the Act
  • Product group: a set of products that have a similar purpose, use or properties, and are similar in terms of consumer perception.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 66/2010

20.2.2010

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OJ L 27, 30.1.2010

Related Acts

Commission Decision 2010/709/EU of 22 November 2010 establishing the European Union Ecolabelling Board (notified under document C(2010) 7961) Text with EEA relevance

This Directive establishes the European Union Ecolabelling Board (EUEB). Its members are appointed by the Commission. It is composed of representatives from the European Union Member States and the European Economic Area, as well as from national and European competent organisations.

Towards a European Strategic Energy Technology Plan

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Towards a European Strategic Energy Technology Plan

Outline of the Community (European Union) legislation about Towards a European Strategic Energy Technology Plan

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Towards a European Strategic Energy Technology Plan

Developing clean, efficient and low-carbon energy technologies is essential if the European Union is to face up to today’s energy and environmental challenges and set an example for other countries. It is with these aims in mind that the European Commission announces the launch of a European Strategic Energy Technology (SET) plan.

Document or Iniciative

Commission Communication of 10 January 2007: “Towards a European Strategic Energy Technology Plan” [COM(2006) 847 final – Not published in the Official Journal]

Summary

The European Union (EU) – just like the rest of the world – is faced with major challenges as regards energy and the environment: these include ever-increasing global demand for energy, volatile prices, rising emissions of the greenhouse gases responsible for climate change, and unstable oil and gas supplies, with reserves concentrated in just a few countries.

Urgent efforts are required if we are to prevent the worldwide energy situation from getting even worse.

Developing new energy technologies can play a decisive role here and help to achieve the EU’s goals of reducing energy consumption and greenhouse gas emissions by 20% between now and 2020 and increasing by 20% the share of renewable sources in Europe’s energy mix.

The EU therefore intends to adopt a European Strategic Energy Technology (SET) plan to speed up the development of clean, efficient and low-carbon technologies.

The vital role of energy technologies

Energy technologies have a key role to play in providing energy that is at once competitive and sustainable.

Technology can bring substantial advances for energy efficiency, the use of renewable energy sources, the reduced use of fossil fuels, the gradual decarbonisation of transport and power stations, and the use of nuclear power. Also, information and communication technologies can help in managing and reducing energy demand.

Energy technologies therefore not only play a part in ensuring secure, sustainable supplies at reasonable prices, but also contribute to growth and jobs in Europe.

European-level research has already delivered results in this field – in increasing the output and lowering the costs of wind and photovoltaic energy, for example. European Technology Platforms have also been set up in order to coordinate efforts. Financial backing for research and demonstration will be provided under the Seventh Framework Programme for Research and Technical Development, with a 50% increase in annual spending on energy research, and under the ” Intelligent Energy – Europe ” programme. More needs to be done, however.

A European Strategic Energy Technology (SET) plan

The SET plan will contribute to the development of a more sustainable energy system that is up to today’s challenges.

The plan will build up a portfolio of more efficient, cleaner and more competitive energy technologies. It will establish stable and predictable conditions for the finance sector and for companies, especially SMEs, developing, providing backing for, and/or disseminating these technologies. It will also influence European citizens’ socio-economic behaviour by encouraging better energy use.

The SET plan will help to drive the whole process of technological innovation from basic research through to commercial production. It will enable Community and national instruments to be used to the best possible effect, thus helping to accelerate technology development (“technology push”), in particular the 7th Framework Programme for Research and Development, and market introduction (“demand pull”), especially the “Intelligent Energy – Europe” programme.

The strategic element of the plan will be to identify those technologies for which it is essential to mobilise resources at European level in order to accelerate development and deployment. To achieve this in a targeted and coordinated way, the Commission proposes establishing firm partnerships, defining precise objectives and evaluating the associated risks and resources.

Drawing up the SET plan

The Commission intends to put forward a first European Strategic Energy Technology Plan at the Spring 2008 European Council, after consulting all stakeholders (industry, researchers, the finance sector, public authorities, energy consumers, civil society, unions).

Background

This communication is part of a package of measures setting out a European energy policy, as presented by the Commission on 10 January 2007.

 

European standards for 2020

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European standards for 2020

Outline of the Community (European Union) legislation about European standards for 2020

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European standards for 2020

Document or Iniciative

Communication from the Commission to the European Parliament, the Council and the Economic and Social Committee of 1 June 2011 – A strategic vision for European standards: Moving forward to enhance and accelerate the sustainable growth of the European economy by 2020 (Text with EEA relevance) [COM(2011) 311 final – Not published in the Official Journal].

Summary

This Communication presents a strategy aimed at establishing a European standardisation system.

European standards serving industrial and innovation policy

The introduction of European standards in industry has many benefits, such as the reduction of accessory costs, the capacity to anticipate technical requirements, and reducing the cost of transactions. Regarding innovation, European standards would enable current knowledge to be codified and disseminated in several technological areas.

In order to support industrial and innovation policy, the European Commission plans in particular to:

  • accelerate the drafting of standards and subsequently adopt such standards for innovative products and services in the areas of eco-design, smart grids and energy efficiency;
  • draw up performance criteria for European Standards Organisations (ESOs);
  • improve awareness and education about standardisation.

European standards serving society

European standards have an important role to play with regard to consumer protection and access for elderly and disabled people.

Green growth is also an area that could benefit from European standards insofar as they would contribute to fostering a transition towards a low-carbon economy.

In order that European standards be of service to society, the Commission proposes to:

  • revise the Directive on general product safety;
  • apply European standards to environment policy, equal access, security, and civil protection.

European standards serving an inclusive drafting process

According to the Commission, ESOs and national standardisation organisations (NSOs) have a role to play in an inclusive drafting process. For this reason, it has invited ESOs and NSOs to put in place parameters for participation criteria, and a system of peer review the goal of which is to monitor participation in the standardisation process by the various stakeholders.

Member States are encouraged to promote the participation of national organisations representing SMEs and national stakeholders from civil society in the standards drafting process.

European standards serving the single market

The free movement of goods is effectively framed by the European standardisation system, in particular through the “new approach”. However, European standards should be applied to services in the same way.

For this reason the Commission intends to include standards for services in the scope of the future Regulation on standardisation. These standards for services must be based on the market, consensus, and public interest.

European standards serving Information and Communication Technologies (ICTs)

ICTs represent 5 % of European GDP, which corresponds to EUR 660 billion. It is therefore important to guarantee interoperability between devices, applications, data repositories, services and networks through standards, as recommended by the Digital Agenda for Europe.

The Commission intends to create and chair a multi-stakeholder platform the main aim of which will be to advise it on the implementation of standardisation policies in the field of ICTs. ESOs are tasked with improving the integration of ICT standards drafted by other ICT standardisation organisations in the European standardisation system.

European standards serving the competitiveness of the EU on the global market

European NSOs are all members of the International Organization for Standardization (ISO) and the International Electrotechical Commission (IEC). Their participation enables European firms on the global market to be more competitive through access to foreign markets and international trade partnerships.

The EU wishes to promote the use of international standards by fostering their use by neighbouring countries and other world regions. In order to do this, it wishes to provide technical assistance, and encourage participation in the drafting of international standards. Furthermore, ESOs and NSOs are invited to make proposals for international standards in fields in which Europe has a leading role.

Key terms of the Act
  • Standards: voluntary documents that define technical or quality requirements with which current or future products, production processes, services or methods may comply. Standards result from voluntary cooperation between industry, public authorities and other interested parties collaborating within a system founded on openness, transparency and consensus.

This summary is for information only. It is not designed to interpret or replace the reference document, which remains the only binding legal text.

A programme for clean and competitive SMEs

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A programme for clean and competitive SMEs

Outline of the Community (European Union) legislation about A programme for clean and competitive SMEs

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A programme for clean and competitive SMEs

Document or Iniciative

Communication of 8 October 2007 from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions, entitled: “Small, clean and competitive – A programme to help small and medium-sized enterprises comply with environmental legislation” [COM(2007) 379 – Not published in the Official Journal].

Summary

Small and medium-sized enterprises (SMEs) represent 99 % of all enterprises and 57 % of economic added value in the European Union (EU), yet they fail to apply a significant number of European environmental laws. This happens either because they fall below the thresholds that trigger the application of these laws, or because they are unaware of their impact on the environment and of the legislation applicable to their activities.

This situation has adverse effects on the competitiveness of SMEs, which don’t reap the economic benefits associated with better environmental management and eco-innovation, and also on the environment and the health and safety of workers.

To help SMEs adopt sustainable production methods and business practices, the Commission aims to increase SME compliance with environmental legislation by reducing the costs involved, increasing the eco-efficiency of SMEs and enhancing their eco-innovation and competitiveness.

This action plan entails improving legislation, adapting environmental management tools, providing SMEs with financial assistance, building local expertise and improving communication and information. The Commission and Member States must regularly review the programme’s implementation, whose initial assessment will take place by 2010.

Better regulation

Measures that can be taken to improve the design and implementation of legislation include streamlining administrative procedures in order to cut costs, grouping and disseminating best practices for meeting environmental obligations, for instance via initiatives such as BEST, working with implementation authorities such as the IMPEL Network and consulting with SMEs in policy-making and policy implementation.

Tailoring environmental management schemes to SMEs

The Commission encourages the application of the environmental management and audit system (EMAS). In particular, it intends to extend this system to a given industrial cluster or sector, and to develop tools such as EMAS-Easy to facilitate its implementation. Furthermore, it plans to reduce the red tape involved in dealing with EMAS in order to encourage European companies to use it. .

Providing appropriate and sustainable financial assistance

To facilitate investment in eco-efficient processes, SMEs can receive European funding and aid through programmes such as LIFE+, the Competitiveness and Innovation Framework Programme and the new instruments of the Cohesion Policy 2007-2013, such as the ERDF, the Cohesion Fund and the European Social Fund. The Commission plans to publish a handbook on new funding opportunities for businesses.

In addition, Community regulations on State aid make it possible for Member States to financially assist businesses that comply with and even improve on the EU’s environmental legislation.

Building local expertise

The Commission plans to build capacity to support SMEs in the Member States by organising training seminars on how to find information and on the legal requirements and the benefits of improved environmental performance. The Euro Info Centres (EIC) Network and, from 2008, the new network in support of business and innovation, integrating the services of EICs and the Innovation Relay Centres (IRCs), will support the efforts of the Commission by promoting partnerships and working actively with SMEs.

Improved communication and more targeted information

A multilingual website should be established to provide SMEs with information on the implementation of laws, management tools, funding opportunities, good practices and so on. The Commission also intends to develop guidelines for SMEs to help them control their impact on the environment.