SMALL STEPS FORWARD ON DIMINISHING THE ENVIRONMENTAL IMPACT OF MAJOR PROJECTS, BUT CONCERNS REMAIN

For immediate release: 26 October 2012

The European Environmental Bureau (EEB) and Justice & Environment (J&E) have welcomed the European Commission proposal for a revision of the EU Directive on Environmental Impact Assessment (EIA) released earlier today [1]. Both NGO federations consider that the proposal in many respects represents an improvement on the existing Directive, attempting to address many of the shortcomings they have criticised over the years, but are concerned that a number of shortcomings remain, especially relating to public involvement in the process.

The criteria for whether or not a project should have an EIA are now more specific. The proposed text includes new aspects to be taken into account, such as impacts on climate change, and more comprehensive analysis of environmental impacts. . Once the project is under way, the proposal then provides for monitoring of the environmental impact, though this is still not a requirement for all projects.

Jeremy Wates, EEB Secretary General reacted: “For years, developers have got away with avoiding having the environmental impact of projects taken into account by splitting up projects into small parts; otherwise known as ‘salami slicing’. The EEB is happy to see that today’s proposal deals with this by examining the accumulation of impacts of multiple projects by the same or different developers.” However he added that more remains to be done to bring the directive into the 21^st century: “This proposal makes no attempt to deal with the bizarre situation whereby the project developer is under no obligation to guarantee that the EIA is carried out before the project starts.”

Despite some improvements in many aspects the proposal remains in contravention of the Aarhus Convention. There is no provision to halt projects while court cases are pending: something which is both unacceptable and in breach of the Convention.

"This proposal lacks any improvement regarding access to justice or public participation even though the case law of the European Court of Justice and the Compliance Committee of the UN-ECE Aarhus Convention both found that it should do”, states Thomas Alge, Chair of the association Justice and Environment, representing NGOs focussing on environmental law and litigation in various EU member states. "Among other things it is not acceptable that NGOs are not explicitly entitled to participate and challenge screening procedures for projects. This means public participation rights remain in breach of the international obligations of the EU and its Member States."

ENDS

[1] The Environmental Impact Assessment (EIA) Directive (85/337/EEC) came into force in 1985 and has served since then as a key instrument of EU environmental policy. The purpose of the Directive is to ensure that projects affecting infrastructure, dams, industrial plants, quarries etc which are likely to have significant effects on the environment are assessed and alternatives taken into consideration.

[2] 1998 Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, adopted under the auspices of the United Nations Economic Commission for Europe.

[3] European Commission Press Release: http://europa.eu/rapid/press-release_IP-12-1158_en.htm?locale=en

[4] EIA EC Homepage http://ec.europa.eu/environment/eia/home.htm

[5] 2012 Justice and Environment study on Aarhus Conventions implications on the EIA directive:

http://justiceandenvironment.org/_files/file/2012/EIA%20analysis%202012.pdf;

[6] Proposed amendment text of the EIA directive:

http://justiceandenvironment.org/_files/file/2012/EIA%20table%202012.pdf

Contact:

Regina Schneider EEB Head of Communications, Enforcement co-ordinator

+32 (0) 2289 10 95

Thomas Alge, Justice and Environment, +43 699 102-95-159; Thomas.alge@oekobuero.at;  

EU executive unveils work programme for 2013

A new climate and energy package for the period up to 2030 will be one of the European Commission's main environmental initiatives for next year, according to a work programme adopted by the EU executive on Tuesday afternoon.

In addition to new legislative measures on greenhouse gases, energy efficiency and renewables, the commission will also issue a comprehensive climate adaptation strategy. A consultation on the strategy closed on 20 August.
Other environmental measures planned for 2013 include a revision of waste legislation. The review, which was announced earlier in the commission's October paper on industrial policy, aims to develop new markets for waste and recycling.
The EU executive also confirmed it will review air quality legislation. A European Environment Agency report published last week has shown the NEC directive, which will be revised in 2013, has not led to a dramatic fall in eutrophic and acidified areas.

In addition, the commission will issue a policy paper on the safety of unconventional hydrocarbon extraction in Europe. Three EU studies focusing on different aspects of shale gas exploration were released in September.

In the transport sector, a further loosening of restrictions on road cabotage will be proposed as recommended by an EU advisory group in June. The group argued this would help cut CO2 emissions and boost the competitiveness of the freight sector.

During a debate in the European Parliament on Tuesday, Spanish MEP Enrique Guerrero Salom observed that, while new measures were always welcomed, the EU executive must make sure it delivers them. According to him, about half of the measures listed in the 2012 work programme have not yet been adopted.

Speaking for the commission, Maros Sefcovic insisted that most of the commission's goals for this year would be attained, pointing out that several other planned measures will be delivered before the end of the year.

Polish MEP Tadeusz Cymański of the conservative EFD group said the new climate and energy package should be rejected. Poland is heavily relying on coal for power production and such a package would be detrimental to its economy, he stressed.

Follow Up:

Commission work programme for 2013

ECHA slammed over REACH implementation

The European Chemicals Agency (ECHA) is failing in its mission to ensure that the REACH regime is properly implemented, green groups EEB and ClientEarth said on Thursday in a highly critical report backed by Swedish MEP Carl Schlyter.
The report is based on data released on ECHA's dissemination portal and its classification and labelling (C&L) inventory between late 2011 and March 2012. It shows C&L data on 28 of the 40 substances reviewed was either missing, incomplete or incoherent.
For example, the NGOs found that two firms had classified benzophenone, a chemical used in inks, as toxic to aquatic life with long-lasting effects and causes damage to organs while another only referred to its toxicity to aquatic life but pointed out it was very toxic. One company did not say it posed any risks.
Another finding is that in some cases no information on toxicological studies had been provided in the REACH registration dossiers. And many of the studies submitted were "grey literature" – non peer-reviewed industry or government analyses.
Tatiana Santos of EEB acknowledged that because it was conducted last spring some of the shortcomings highlighted in the assessment may now have been rectified because registration dossiers and C&L information is frequently updated.
What she denounces is the poor quality of the data submitted by companies in the first place. "Industry is required to provide the best available information," she said.
ECHA should not have granted registration numbers to dossiers that did not comply with REACH requirements, say the NGOs. "This means substances for which essential information is missing continue to be marketed and used in the EU."
In a foreword to the report, Mr Schlyter, who is pushing for EU regulatory action on nanomaterials, raised concern over ECHA's alleged failure to properly implement REACH, particularly its "no data, no market" principle.
ECHA's lack of transparency and close links with industry were also criticised in the report. This was also flagged up in a PwC report published by the European Commission's industry and enterprise department earlier this year.
Last week, EU auditors concluded there were "significant shortcomings" regarding ECHA's policy and procedures on conflicts of interest.
"ECHA spends a lot of time with chemicals companies, and rightly so," noted Mr Schlyter. "However, as a public agency its 'primary' client is society at large."
In a statement, ECHA said it shared some of the concerns highlighted in the report. "However, the agency refutes some of the comments made, in particular on independence and transparency of decision making," it added.
Hubert Mandery, head of chemical industry association Cefic, said: "The assessment of whether or not REACH works is in the hands of EU authorities, who have the oversight and relevant information. If there are shortcomings on the industry side, they need to be sorted out, because we want to make REACH work."

Follow Up:

NGOs' report on REACH implementation

EEB statement on ILUC proposal

After more than two years of delay the Commission has finally come up with a proposal on Indirect Land Use Changes emissions linked with biofuels production by proposing a cap of 5% on biofuels from sugar, cereals and oilseeds – effectively freezing it at current levels. They only ask that ILUC factors be reported upon, and do not include them in the sustainability criteria under the Renewable Energy Directive (RED) nor under the Fuel Quality Directive (FQD).

Faustine Defossez from the EEB reacted :

“With this proposal the Commission could have brought an end to a two year paralysis that only created losers; the environment and the climate through changes to land use, the industry through uncertainty and poor people through higher food prices.”

“However, the action taken only goes half way. Although the Commission has finally acknowledged that biofuels can increase CO2 emissions compared to fossil fuels, under intense industry pressure they have failed to adopt proper measures to address these.”

“This policy was sold to EU citizens as one which would help in the fight against climate change. The proposal requires governments to report how much extra emissions they are causing; but puzzlingly stops short of asking them to do anything about it.”

The EEB now hopes that the European Parliament and Council will support the cap to limit the volumes of biofuels and make sure ILUC emissions are properly included in the RED and FQD. We hope they will finally reconcile science and policy and ensure that this policy delivers towards its objective, namely climate change mitigation.

European Commission Press Release on ILUC proposal

France plans to increase taxes on air pollution

The French tax on air pollutants such as sulphur oxides and solvents is going to triple, France's government has announced in its budget proposal for 2013. The tax will also be extended to five pollutants including benzene, mercury and arsenic.
The decision confirms pledges made by French prime minister Jean-Marc Ayrault in September at a conference on future environmental policy. It will help the country comply with its air quality obligations under EU legislation.

According to the budget proposal unveiled on Friday, the existing tax on sulphur oxides, non-methane hydrocarbons, solvents and other volatile organic compounds will be set at €136.02 per tonne compared with €45.34 now. In total, the measure is expected to raise about €38m from next year.

France is the member state with the second lowest level of green taxation in the EU after Spain. In country-specific recommendations issued in May as part of the European Semester, the European Commission said France had "ample room" for increasing green taxation to decrease the tax burden on labour.

In the transport sector, the French government wants a further tightening of the 'bonus-malus' tax for cars emitting high levels of CO2. The government expect to raise €177m from this tax. Subsidies to boost the purchase of cleaner vehicles will also be increased to €404m compared with €234m this year.

Follow Up:

Full budget proposal plus details about environmental aspects from the ministry for ecology and sustainable development and summary of fiscal measures

Belgium calls for stricter EU air quality rules

See also EEB reaction to that point in our letter to national ministers:

http://www.eeb.org/?LinkServID=BE206C2A-5056-B741-DBC59A419E704277&showMeta=0&aa

Belgium calls for stricter EU air quality rules

The Belgian government wants the EU to set more ambitious limits on air pollutant emissions, according to a note published by the Council of Ministers on Monday.

Existing emission standards are "out of balance" with air quality standards, said Denis Van Eeckhout, a diplomat at Belgium's EU embassy in Brussels. The region needs to take a more coherent approach instead, he told ENDS.

Although significant improvements have been made, a recent European Environment Agency (EEA) report has shown 80% of citizens still breathe air that does not comply with World Health Organization (WHO) standards.

The only way to address this is to strengthen EU legislation, says the Belgian note. The WHO standards are more stringent than the ones in place in the EU.

New rules on solvent emissions, road vehicles and small combustion plants may be among the outputs of the review of EU air quality policy next year.

But if new legislation proves unsatisfactory, Belgium raises the prospect of taking unilateral action, which could impose disproportionate costs on industry. On the other hand, more stringent EU controls boost innovation and competitiveness.

Belgium's approach contrasts with the UK, which according to Mr Van Eeckhout is seeking to reduce air quality ambitions in order to cut the risk of being taken to court by the European Commission. "That's not our message," he said.

Follow Up:

The note will be presented to environment ministers on 25 October

Dia Mundial da Alimentação - Comunicado de Imprensa

Maus hábitos alimentares dos Portugueses prejudicam a saúde e o ambiente data: 16-10-2012

No Dia Mundial da Alimentação, o GEOTA apela a uma mudança de hábitos e de políticas no que diz respeito à alimentação. A produção e o consumo de alimentos provocam graves impactes ambientais e mitigar esses impactos traria também benefícios substanciais para a saúde. A pensar nisso a Comissão Europeia está a considerar declarar 2014 como o “Ano Europeu Contra o Desperdício Alimentar”. A nível mundial verifica-se um fosso cada vez maior entre os que passam fome e os que sofrem de obesidade como uma parte já importante da população. A produção de alimentos a nível mundial é suficiente para alimentar toda a população, mas está mal distribuída. ver mais....

Sustentabilidade, que desafios?

Sustentabilidade, que desafios?

Local: S.Miguel, Açores Data: 09 de Outubro a 13 de Outubro de 2012 Organização: Expolab Ano Internacional Da Energia Sustentável Para Todos

Novas barragens ameaçam o património mundial e a economia nacional - Comunicado de Imprensa

Comunicado de Imprensa

Por ocasião do Dia Nacional da Água (1 de Outubro)

Novas barragens ameaçam o património mundial e a economia nacional

Lisboa, 1 de Outubro de 2012.

Por ocasião do Dia Nacional da Água, que hoje se celebra, o GEOTA vem relembrar que o Programa Nacional de Barragens de Elevado Potencial Hidroelétrico (PNBEPH) é um atentado ambiental, bem como um desastre económico e social. Cabe ao Governo tomar as medidas necessárias para salvar os rios portugueses, preservar o património da Humanidade e poupar milhões de Euros aos contribuintes.

O Programa Nacional de Barragens, aprovado pelo anterior executivo, prevê a construção de 10 novas barragens, com o intuito de aumentar a produção de energia renovável e reduzir a dependência energética do País.

Na verdade, as novas barragens contribuirão apenas em 0,5% da energia primária do país, 3% do fornecimento de energia elétrica e apenas com 2% do potencial de poupança de energia, custarão 16 mil milhões de Euros ao Estado e às famílias nos próximos 75 anos, e levarão à destruição de vários rios, constituindo infrações a diversas Diretivas Comunitárias, em particular a Diretiva-Quadro da Água (DQA) e a Diretiva Habitats.

As barragens de Sabor e Foz Tua, especialmente a última, são projetos que devem ser imediatamente cancelados, sendo preferíveis investimentos em economia de energia com um potencial de redução das necessidades energéticas superior a 25% a um custo 10 vezes inferior.

João Joanaz de Melo, Presidente do GEOTA, faz por isso um apelo ao Governo: “No contexto atual de crise económica, parar o Plano Nacional de Barragens oferece uma oportunidade para cortar na despesa do Estado e poupar milhares de Euros por família. Uma questão que importa também criticar tem a ver com os atrasos já de 2 anos na conclusão do Plano Nacional da Água e da implementação dos planos de bacia hidrográfica.”

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