EU matters: Way to US co-operation, greener chemicals and enforcement

Any discussion on Malta's EU membership does not go without undertones of doubt over how Europe's high environment standards will be enforced. At a level where petty partisan politics loses its grip this is how it is done:

The year began with a barrage on member states which have failed to fully meet regulations on air pollution. In January the European Commission took legal action to improve air quality in Europe, address climate change and protect the ozone layer by pursuing infringement proceedings against Greece, Ireland, Austria, Belgium, Finland and Germany. The Commission is concerned that these member states have not correctly implemented certain EU laws governing emissions to the air.

Greece is to be referred to the European Court of Justice for failing to apply correctly an EU law on combating air pollution from industrial plants to a power station at Linoperamata in Crete. Ireland is to be referred to the Court for failing to provide monitoring data on emissions of carbon dioxide from cars.

Austria is to be referred to the Court for failing to bring its national legislation on large power (combustion) plants into line with the Directive. Ireland and Germany are also to receive Reasoned Opinions for failing to fulfil reporting requirements on the use of ozone-depleting substances which is required by the Ozone Regulation.

Belgium and Finland are to receive Reasoned Opinions for failing to communicate complete transposition measures for amendments to the Directive on internal combustion engines for non-road mobile machinery. Reasoned Opinions represent the second stage of infringement proceedings. In the absence of a satisfactory response within two months, the Commission may decide to refer these cases to the Court of Justice.

Commenting on the decisions, Environment Commissioner Margot Wallström said: "The Commission is committed to improving the quality of Europe's air Inadequate implementation means that citizens do not get the guarantees of higher protection that these EU laws promise or contribute to internationally. Consequently, citizens run a greater risk of suffering health problems associated with poor air quality."

Industry scaremongering

Claims made by the chemicals industry that a new precautionary chemicals policy for Europe will damage industry are being challenged. At the end of January the European Environmental Bureau (EEB) working together with the World Wildlife Fund (WWF) released a discussion paper just as the European Commission was finalising its draft legislation on the policy. The paper argues that the new regulations should promote innovation and will generate many environmental and health benefits.

The EU's chemicals policy reform, triggered by increasing concerns over the safety of chemicals and the inability of the existing system to deal with these concerns, has been underway since 1998.

Over the last year it has been claimed in business impact studies and in statements by industry and certain governments (notably the US) that the new chemicals legislation will severely damage the chemical industry and industries that use chemicals. The environmental bureau and the international wildlife organisation agree that many of the studies and statements exaggerate or misunderstand the new policy.

One example of this is a US government 'non-paper', based on a US chemical industry study, which assumes that the EU is likely to ban the import of computers made in the US. This is clearly not the case.

The studies tend to ignore the fact that innovation will create safer chemicals and products. For example, if a manufacturer sells a chair which contains a chemical that is to be phased out, it will be up to that manufacturer - or another - to provide a chair which does not contain this chemical. The public will carry on buying chairs at the same rate, so the input of money into the retailing and manufacturing supply chain will remain constant. This key factor is ignored in many business impact studies.

The EEB noted that industry was scaremongering in an attempt to delay the new policy and water it down. "As with any reform there will be winners and losers, but Europe's overall economy will benefit," said Stephen Scheyer, co-author of the paper. "The new system will reward innovative, greener and more sustainable companies, creating new business opportunities and ending irresponsible risks to our health."

Dr Michael Warhurst (WWF), another co-author, added: "This reform must lead to a phase out of chemicals that accumulate in our bodies and in the wider environment, as well as chemicals that disrupt hormone systems. Anything less will be a failure by the EU to properly protect our health and future.

Valletta mayor goes regional

On February 13 Romano Prodi, President of the European Commission, met the mayors of capital cities of member states and candidate countries. He spoke to the group known as the Committee of the Regions on priorities for 2004 and the role of local authorities in creating strong links with Europe's citizens. The Committee's invitation to the mayors of Europe's capitals highlights the part that local democracy plays in building Europe.

The meeting which was attended by Valletta mayor Mr Paul Borg Olivier was taken as a sign of endorsement of the enlargement process in the member states and candidate countries. Mr Prodi was hardly able to disguise his enthusiasm in addressing the mayors: "May I remind you what a wager this seemed a few short years ago and yet we are now in the last stages of unifying the entire continent.

"Naturally, nothing can be done without the right tools. We need a better match between the tasks of local authorities and the economic and technical resources they require." An initiative on the future of structural funds is to be discussed at a forum in Rhodes this May.

"Elected representatives must perform their responsibilities properly under the relevant constitutional arrangements for the sake of those who have elected them and it is our duty to ensure they are in a position to do so," Mr Prodi said.

He said that the contribution of the Committee of the Regions and the authorities it represents is crucial in three spheres.

The first of these is physical renovation through urban programmes to improve capital cities. Internal security measures involving police matters, health, immigration and the environment is another area of operation for the local councils. Cultural and educational programmes and measures to benefit young people through the councils are to be overhauled in the next few years.

"In 2004, our work will focus on enlargement, stability and security. The enlargement process must be consolidated as regards the ten countries due to join next year and the negotiations must be continued. In conjunction with you, we intend to continue working to improve security for all who live in Europe.

"Lastly, we intend to reap the benefit of economic and political stability, which has been achieved at great cost. The Lisbon Strategy must be given new impetus if Europe is to become the most dynamic knowledge-based society in the world without forsaking social rights and sustainable development."

Mr Prodi recently set up a high-level advisory group to look at the issue of intercultural dialogue in the Euro-Mediterranean area. "Europe's future is tied up with that of the Mediterranean. We want to establish a special relationship with the Mediterranean countries under our new proximity policy. Such a proximity policy does not imply the prerequisites exist for our neighbours to join, even in the long term. But I am convinced we can share everything short of institutions."

Kyoto and mobile air conditioning

During her address to a conference on reduction of greenhouse gases earlier this month Commissioner Wallström asked participants to imagine a hot day in the middle of summer. "I know that this is very difficult at this time of the year. But in fact, last summer was one of the hottest ever recorded in Sweden."

Ms Wallström's story goes like this: One hot summer day a Swedish family decides to meet at their summer cottage. The son has to drive there from Stockholm. He cares deeply about the environment so when buying a car opted for a fuel-efficient, environment-friendly model. In fact, it even meets the Community target of not emitting more than 120 grams of CO2 per kilometre. So he is pleased to be doing his bit to protect the environment.

But he is driving a little too fast on the final stretch to the summer cottage and the car hits a rock thereby damaging the air-conditioning unit. When the son arrives at the cottage, his father (who for the sake of the story happens to be a greenhouse gas expert) teases his son about the damage he has been doing to the environment. The son is shocked when the father explains that he would have to stop driving for at least six months to make up for the global warming effect of the refrigerant that has escaped from the broken air-conditioning unit.

He is even more surprised when his father adds that the fuel consumption and resulting CO2 emissions of his brand new car are actually much higher than he was told when he bought it because the measurement during type-approval did not include the weight and the operation of the air-conditioning. Even though the son did his best to choose an environmentally friendly car, he was not aware of all its actual and potential environmental impacts, in this case due to air-conditioning.

To continue the story, the EU sees climate change as one of the main threats to sustainable development, and combating it is a top priority. The aim of the European Climate Change Programme (ECCP) has been to identify, together with the stakeholders, cost-effective emission reduction options. This approach makes it clear that all sectors of the economy will have to share the burden of Kyoto. That is politically important.

Air-conditioning is rapidly becoming a standard feature of new cars because everyone wants to drive in comfort. It also puts an additional burden on the environment with a growing contribution to total greenhouse gas emissions from passenger cars. Estimates suggest that it will account for ten per cent of total greenhouse gas emissions from in the future. A hydrofluorocarbons phase-out is being considered.

"If we opt for this course of action, we have to decide how long a transition period towards applying alternative technologies should be. We are encouraged by statements from a wide range of automotive and equipment manufacturers that they are committed to protecting the environment in the interest of future generations.

"Manufacturing and selling cars is a truly global business. What we decide to do in the EU will have a direct impact in Japan, the United States and elsewhere. We will propose legislation for reducing emissions of fluorinated gases later this year, and will be looking at mobile air-conditioning units in this context."

The Kyoto Protocol is one step away from entering into force. That step is ratification by Russia. Commisssioner Wallström is confident that Russia will ratify as Prime Minister Kassianow promised at the World Summit in Johannesburg last summer. Intent on reminding him of this promise Ms Wallström concluded:

"I will join an EU delegation to Moscow in early March to do so again. This is a question of Russia's international credibility," she concluded. Despite the stalling of the treaty by the US, America's Environment Protection Agency is co-operating with the Commission on the US car industry's responsibility concerning protection of the atmosphere.