Professional Documents
Culture Documents
Reform in CEE-Countries
with Regard
to European Enlargement
Institution Building
and Public Administration Reform
in the Environmental Sector
, Springer
Professor Dr. Michael Schmidt
Chair of Environmental Planning,
Brandenburg University of Technology (BTU), Cottbus
Vice-President for International Affairs
Universitiitsplatz 3-4
03044 Cottbus
Germany
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Foreword
In May 2004, aseries of new countries, mainly in Central and Eastern Europe,
will join the EU. The institutional reforms necessary to cope with this enlarge-
ment of the EU are prescribed by the Treaty of Nice of 26 February 2001. This
volume contains the papers discussed at the conference held at Brandenburg
University of Technology, Cottbus on 21-22 February 2002 on the guidelines,
instruments and programmes available to facilitate the accession of CEE coun-
tries to the EU. Sponsored by the Deutsche Bundesstiftung Umwelt (German
Federal Foundation for the Environment), Osnabruck, the conference also dealt
with the internal preparations being made by the accession countries themselves,
focusing particularly on Poland as one of Germany's most important partner
countries.
The main topics of the contributions included in this volume are EC law, partic-
ularly EC administrative and environmental law and their incorporation into
national law, organizational and administrative mechanisms necessary to carry
out this incorporation process, as well as the latest EU development programmes
for the benefit of CEE accession countries. Well-known German and Polish
scholars and practitioners describe the progress made to date on the harmoniza-
tion of Polish law with EC law and on the technical and legal administrative
reforms which have to take account of the prevailing structure of the country's
agricultural sector. The conference clearly pinpointed the factors and issues
which have to be considered to ensure the smooth accession of CEE countries to
the EU, and the papers here published document the latest stage of discussion on
this subject on the political, academic and practicallevels. May this book have
the success it deserves !
The Editors
Cottbus. October 2003
Contents
Session 1
EC Environmemtal Law and its Enforcement ....................... 1
Lothar Knopp
Instruments of European 1aw and questions concerning
their imp1ementation at national level as exemplified by water law,
immission controllaw and waste law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
Matthias Domhert
P01and as an examp1e for the harmonization of European law -
the environmental and p1anning law requirements for the 1icensing
of intensive animal farms ........................................ 15
ferzy Sommer
The organizational and legal instruments available for harmonizing
Polish environmentallaw with EC environmentallaw . . . . . . . . . . . . . . . . .. 29
Alicja Majgier
The EU Rural Development Programme and the accession process ....... 53
Tadeusz Triziszka
Public access to information on the environment and environmentallaw
implementation - the new legislation in practice ...................... 67
Szymon Szewranski
Development of ecological farming in Poland, other trends
in food production and their prospects within the EU market ............ 79
Marek Zygadlo
Organizational and legal instruments available to public authorities for the
protection of the environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
x Contents
Session 2
Experiences in Institution Building and Future Requirements
for Reporting and Evaluation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 97
Bettina Fellmer
The adoption of the acquis communautaire
in environmentallegislation in the accession countries -
examples under German co-ordination .............................. 113
Marianne Badura
Twinning as an instrument for implementing the principles of ecological
planning in the countries of Central and Eastem Europe ................ 125
Franz Ellermann
Twinning - achallenge for both candidate countries and Member States ... 135
Slavitza Dobreva
Bulgaria's accession to the European Union ......................... 155
Carolin Schilde
Deve10pment of environmental education in Brandenburg -
an assessment of financial support programmes and structures ........... 187
Matthias Herbert
Landscape planning in Eastem Europe - an established instrument for nature
protection in Germany and its potential as a model for regu1ating nature
protection and landscape conservation in Central and Eastem Europe ..... 195
List of Contributors
Marianne Badura
BIue! Company, Freising
Slavitza Dobreva
European Integration and International Cooperation Department,
Ministry of Environment and Water, Sophia, Bulgaria
Franz Ellermann
EU Pre-Accession Advisor, Berlin
Bettina Fellmer
German Society for Technical Cooperation (GfZ) and Twinning Office,
Federal Ministry of Finance, Berlin
Mathias Herbert
Federal Authority for the Protection of Nature -
Leipzig Office, Dept. 11 3 Landscape Planning and Development
1. Omnipresence of EC Law
As already noted by Breuer1 in 1993, there are more and more instanees of eon-
fliet between German and European environmentallaw. The number of eases lost
by the Federal Republie before the Court of Justiee of the European Communities
(ECJ) on eharges of inadequate implementation of EC direetives stood at an
impressive 28 by the end of the year 20002. As primary and seeondary EC law
takes preeedenee over the law of Member States at least in principle3, national
legislation in those areas eovered by EC law is thus bound to follow European
speeifieations. The eontradietion in praetice is seen especially in environmental
law, where the opening of proceedings against the Federal Republie for violations
of eontraet has reeently given rise to repeated aeeusations by the EU4 that the
Federal Republie has not, or has improperly ineorporated the respeetive EC
direetives into its national environmentallegislation.
Today, however, the omnipresenee of EC law is apparent not only in environmen-
tallaw but also in many other areas of nationallegislation, e.g. general eeonomie
administration law, trade monopolies law, labour and social welfare law and loeal
government law 5 . In the long ron, the resulting eonfliets ean only be addressed by
a eoneerted rethink at both national and supranationalleve16.
1 Breuer, Entwicklungen des europischen Umweltrechts - Ziele, Wege und Irrwege, 1993,
p.5.
2 Versteyl, in: Erbguth (ed.), Europisierung des nationalen Umweltrechts: Stand und Per-
spektiven, 2001, p. 137ff., 138, who points out further that Belgium is in the lead with 29
convictions by this date and that ltaly, like Germany, also stands at 28; cf. Breuer, loc. eit.,
p. 5, also refs. ibid. note 2.
3 Cf. for details Ehlers, in: Erichsen (ed.), Allgemeines Verwaltungsrecht, 11th ed., 1998,
3 IV 1 margin note 42 with ref. to the jurisdiction of the ECJ and the Fed. Const. Court.
4 E.g. recent cases involving the Waste Oil Regulation, PBC wastes, FFH Directive.
5 Cf. e.g. Schmahl, DV 1999, 852ff., 852; otherwise her article deals particularly with the
impact of EC law on German local government law.
6 Cf. the coneluding appeal by Breuer (note 1 above), p. 100; Kloepfer, Umweltrecht, 2nd
ed., 1998, 9 margin note 7 points out the elose legal interconnection between European
and nationallaw, especially environmentallaw, and denies the one-sided predominance of
the European level, stressing instead the mutual influence exerted by the national legal
systems of the Member States and Community law.
4 Lothar Knopp
2. Instruments of EC Law
2.1 Sources and instruments of legislative authority in
environmental protection
Articles 174 to 176 EC Treaty of Amsterdam (Treaty Establishing the European
Community of 25.03.1957, Fed. Law Gazette 11, p. 766, eOIT. p. 1678 and 1958,
p. 64, as mostreeently amended by the Treaty of Amsterdam of02.l0.1997, Fed.
Law Gazette 11, p. 386,199911 p. 296, 416) are now clearin theirregulation ofthe
legislative authority of the Community in the field of environmental proteetion.
Aeeordingly, in pursuit of the Treaty objeetive stated in Art. 2 EC, the EC is
authorized to promote "environmentally eompatible growth", whieh is expressed
in more eonerete terms in Articles 175 para. 2 and 95 para. 3 EC as growth
direeted towards attaining a "high level of proteetion,,7.
The aims of EC environmental poliey are stated as follows in Art. 174 para. 1 EC:
to preserve and proteet the environment and improve its quality;
to proteet human health:
to use natural resourees in a prudent and sensible manner;
to support international measures to overeome regional and global environ-
mental problems.
Aeeording to Art. 175 para. 1 EC, the responsible bodies deeide on how the EC
is "to take action" to aehieve the above aims, whereby they have the option of
seleeting the appropriate Community law instrument from the range available in
eaeh particular case. Art. 249 EC specifies these instruments as regulations,
directives, decisions, recommendations and opinions 8 ; in what follows, the main
emphasis lies on the legal instrument proven in praetice to be the most important
in shaping European environmental poliey, namely, the direetive. Aceording to
Art. 249 para. 3 EC, "direetives shall be binding, as to the result to be achieved,
upon eaeh Member State to whieh it is addressed, but shallleave to the national
authorities the ehoice ofform and methods" (see 3 below).
Finally, Art. 175 para. 3 EC spells out the possibility of issuing statutory orders to
launeh so-ealled action programmes of environmental poliey, as has been Com-
munity praetiee sinee 19739 .
7 Kloepfer, loc. cit., 9 margin note 8 with refs.; cf. in detail Himmelmann, EG-Umwel-
trecht und nationale Gestaltungsspielrume, 1st ed., 1997, p. 32 ff. with refs.; Frenz,
Europisches Umweltrecht, 1997, margin notes 65 ff. with refs.
8 Cf. for details Kloepfer, Umweltrecht, 9 margin notes 16 ff.; Ehlers (note 3 above), 3
II margin notes 26 ff.
9 Kloepfer, loc. cit., 9 margin notes 21, 46 ff. with refs.; Breuer (note 1 above), p. 22 ff.
with refs.; in detail Hurrelmann, loc. eit., p. 19 ff.
Implementing EC law at national level 5
2.2 Regulations
10 Grundgesetz - GG; Cf. Kloepfer, Umweltrecht, 9 margin note17 with ref. to ECJ
Coll.l963, 1 ff. and Fed. Const. Court 31, 145, 174 f.
11 Cf. e.g. Ehlers (note 3 above), 3 Ir 2 margin note 27; on regulations as "secondary Com-
munity law" see Frenz (note 7 above), margin note 196.
12 Regulation allowing voluntary participation by organizations in a Community eco-man-
agement and audit scheme of 19.03.2001, OJ L 114/1, 24.04.2001. Regulation (EC) 761/
2001 - EMAS Ir = Eco-Management and Audit Scheme: see e.g. Langerfeldt, NVwZ
2001,538 f.; Knopp, NVwZ 2000,1121 ff., NVwZ 2001,1098 ff.
13 Regulation (EEC) 1836/93 of 29.06.1993, OJ C 168/1, also OJ 1995 L 203/17.
14 Cf. also Knopp/Ebermann-Finken, EWS 2000, 329 ff., 329 with refs.
15 Umweltbundesamt (ed.), EG-Umweltaudit in Deutschland. Erfahrungsbericht 1995 bis
1998, 1999.
6 Lothar Knopp
2.3 Directives
The directive is traditionally the main instrument and also the most significant
form of law enacted by the Community in the area of environmental protection.
According to Art. 249 para. 3 EC, a directive is binding as to the objective to be
achieved only upon each Member State to which it is addressed, but leaves the
choice of form and means to achieve it to the respective domestic agencies. In
order for a directive to take direct effect in favour of an individual, therefore, it
has to be implemented by the Member States 17. However, the resulting scope for
flexibility can in fact be very limited, as directives may be quite detailed due to
the fact that objectives can be precisely defined and also due to the difficulty in
drawing a clear distinction between objectives and means l8 .
If directives are properly implemented, the legal consequences are those which
arise from the national provisions for implementing the directives; it is these pro-
visions which confer rights and impose duties on the individual 19. In exceptional
cases, a directive has direct effect or is directly applicable 20, namely:
if the respective Member State fails to implement it in the prescribed period or
in fuH;
if its provisions are unconditional and unambiguously clear;
if its application is not dependent on a further implementation law, and
if it imposes an obligation only on the respective Member State towards the
Community (so-called objective effect), or if it grants a benefit only to a Com-
munity citizen which is to be provided by a Member State (so-called vertical
effect).
Domestic authorities are obliged to apply the provisions of Community directives
in cases of improper implementation and, in particular, to interpret nationallaw in
such a way that it conforms to directives 21 .
The best recent example for the direct effectiveness of a directive because it
failed to be implemented by nationallegislation within the prescribed period is
the EIA Amendment Directive22 .
Within three years of the Directive entering into force, Le. by 22.12.2003, the
Member States have to adopt the legal and administrative provisions necessary to
implement it (cf. Art. 24 WFD). In view ofthis rather tight deadline for the man-
ageable but still daunting task of adapting German water 1aw and also the other
time-limits set from the date of entry into force of the WFD (see below), it is not
surprising that the Federal Republic has embarked on a serious overhau1 of the
Water Management Act (WHG)29.
The principal specifications of the EC WFD can be summarized as follows:
The WFD applies to all inland surface water bodies, al1 flowing waterways and
coastal waters as well as groundwater. The objective ofthe Directive is to protect
all aquatic ecosystems including the terrestrial ecosystems to which they are
linked. Within 15 years at the latest after its entry into force, all surface waters
shall have been restored to good ecological and chemical condition. Within the
same period, the groundwater in all river basins shall have attained good condi-
tion in respect of water quantity and chemical quality. What exactly is meant by
these specifications is explained in Appendix V WFD. The Directive allows in
principle for 6 or 12-year extensions to the time-limit if the conditions stipulated
in the Directive for the necessity of such an extension are fulfilled and the reasons
explained in the Water Management Plan30.
In order tameet these objectives, river basin units have to be set up which would
be independent of political and administrative borders. In other words, every
Member State first has to allocate all water bodies to particular river basin units
- international, if necessary - and then appoint, within three years of the Direc-
tive entering into force, "an appropriate competent authority" to make sure the
Directive is applied within each river basin unit or, as the case may be, within that
portion of an international river basin unit which falls within its sovereign terri-
tory (Art. 3 WFD). Within aperiod of four years after the entry into force of the
Directive, Le. by 2004, every Member State has to undertake to carry out, accord-
ing to the technical specifications of Appendices 11 and III, an analysis of the
properties and an assessment of the impacts of human activities on the condition
of the surface water bodies and of the groundwater, and also an economic analy-
sis of water use in respect of every river basin unit and of every portion of an
international river basin unit which may fall within its sovereign territory. By the
year 2006, the Member States are obliged to have established and ready for
implementation programmes for monitoring the condition of the water bodies,
thus providing the basis for a coherent and comprehensive general overview of
the condition of the waters (Art. 8 WFD). By the year 2009, finally, programmes
of action and so-called management plans for achieving the objectives stated in
Art. 4 WFD are to be set up; in the case of the management plans, Art. 14 WFD
provides for public participation. On completion, the management plans are to be
published and made available both to the Commission and to all affected Member
States 31 .
As this review of the specifications in the WFD shows, the main emphasis willlie
on an administrative implementation through the Member States, especially by
the setting up of the monitoring programmes, the programmes of action, and the
management plans 32 . The Federal Government's draft of a 7 th law to amend the
WHG, currently in the process of legislation33 , limits itself to determining the
framework regulations at Federallevel which are both necessary for implement-
ing the WFD and legitimate in accordance with Art. 75 GG Otherwise, of course,
it will remain the duty of the Lnder to pad out the Federal framework regulations
with relevant concrete detail, so that the Lnder will still have a sizeable amount
of regulating to do (by means of amendments to their respective water laws), but
with considerable scope for creativity34.
At any rate, the WFD specifications should be incorporated not only "to the letter
and in full" into German water law but also, and most importantly, on time, in
order to avoid tedious and costly proceedings before the ECJ 35. Admittedly, how-
ever, such proceedings have become a matter of routine for the Federal Repub-
lic 36 .
42 KochlSiebel-Huffmann, NVwZ 2001, 1085 ff. with refs.; on EIA in the case of develop-
ment plans see e.g. Gaentzsch, UPR 2001,287 ff.; KrautzbergerlStemmler, UPR 2001,
241 ff. with refs.
43 KochlSiebel-Huffmann, loc. cit., 1085 ff.
44 Cf. Art. 3 c UVPG
45 Cf. Art. 3 b para. 2 UVPG; for criticism see EnderslKrings, DVBl. 2001, 1246 ff.
46 Cf. Articles 3 a, c, 8, 9 a, 9 b UVPG
47 Cf. Articles 20 ff. UVPG
12 Lothar Knopp
it is still a respectable achievement. It only remains to hope that it will prove its
worth as regards its objectives in actual administrative practice.
1. Introduction
The Federal Republic of Germany is Poland's largest trading partner. 35% of all
Polish exports are destined for its western neighbour, while imports from Ger-
many account for 24% of all imports to Poland and 39% of its imports from the
EU 1. Its forthcoming membership of the EU, the size of its market and, espe-
cially, its well-trained workforce are among the reasons why Poland has become
an increasingly attractive investment location for German commercial interests.
To the latter belong agricultural enterprises engaged in intensive animal farming,
and which find themselves seriously hampered in their efforts to expand further
within Germany. Here, political and administrative opposition to the establish-
ment of large-scale intensive animal farms is on the increase. Licensing proce-
dures prescribed by immission controllaw for such prospective farms prove to be
veritable obstacle races. It is little wonder, then, that more and more German pro-
ducers of eggs, poultry or pork are inquiring whether and to what extent other
European countries in close proximity to German Lnder such as Brandenburg
could offer more favourable investment conditions. This consideration is becom-
ing all the more urgent for German agricultural enterprises in view of the fact that
German producers still do not produce enough to satisfy the domestic demand for
eggs or poultry, for example. As far as these foodstuffs are concerned, Germany
remains the largest importer in Europe 2. Obviously, therefore, Poland is an attrac-
tive option, most particularly on account of the anticipated availability of highly
motivated and weIl trained employees - and not because of any expectation of
lower ecological standards or less stringent animal protection regulations. At the
same time, however, it is clear that the legal framework which has to be respected
by such enterprises in Poland will attract more attention as the interest in invest-
ment rises. In concrete terms, the investor will want to know what legal frame-
work conditions to expect regarding environmental and planning law which
apply to such intensive animal farms in Poland.
This contribution is intended to describe an attempt at legal harmonization. It
does not claim to state the final legal word on the matter. Poland's legallandscape
1 www.brh-koeln.comlaktuell.
2 Cf. for details Windhorst, Kann sich die deutsche Geflgelwirtschaft im internationalen
Wettbewerb behaupten?, Geflgelwirtschaftslho.doc.
16 Matthias Dombert
is in flux. It is the challenge of determining the exact legal basis of the issue
which makes this topic so difficult to deal with - but also so interesting.
have been amended recently, in 2001 to be precise. Seven are of significance for
applicants as regards licensing procedures:
Building Act of 7 July 1994, Law Gazette 2000 No. 106 Fs. 1126 with later
amendments;
Regional Planning Act of7 July 1994, Law Gazette 1999 No. 15 Fs. 139 with
later amendments;
Environmental Protection Act of 27 April 2001, Law Gazette 2001 No. 62
Fs. 627 with later amendments;
Water Act of 18 July 2001, Law Gazette 2001 No. 115 Fs. 1229 with later
amendments;
Waste Act of 27 April 2001, Law Gazette 2001 No. 62 Fs. 628 with later
amendments;
Animal Protection Act of 21 August 1997, Law Gazette 1997 No. 111 Fs. 724
with later amendments;
Animal Breeding and Reproduction Act of 20 August 1997, Law Gazette 1997
No. 123 Fs. 774 with later amendments.
In Polish law, there used not to be a legal instrument for grouping procedures in
the manner of the concentrated evaluation ("Konzentrationswertung") provided
for in German law. This is no longer the case. Art. 181 para. 1 no. 1 introduces the
"integrated permit", thus coming close to the provision for grouping procedures
contained in Art. 13 of the Federal Immission Control Act (BImSchGl In addi-
tion, the new Environmental Protection Act authorizes the Minister for the Envi-
ronment to determine technical standards. In connection with the licensing of
intensive animal farms, for instance, the Minister is entitled to issue a standard
regulation for determining the nuisance value of smells. From the practical point
of view, this competence of the Minister is a welcome step: even if the absence of
standards may seem attractive to applicants for licences at first sight, this circum-
stance can also make it much more difficult to predict the outcome of application
procedures 8.
3. Procedurallaw in Poland
The fundamental reform of public administration in Poland became law on
01.01.1999. Foreign investors now find a three-tiered state administration struc-
ture, comprising communities, counties and voivodships. The communities and
counties represent the local level, the respective voivodship the regional level.
Sixteen voivodships were established by the Act of 24.07.1998. One of the prin-
eipal objectives of the administration at voivodship level is to promote regional
development and to perform public functions of regional significance and
impact. Here, to borrow German terminology, a distinction is drawn between
functions of self-government and delegated functions, the latter comprising those
functions which serve to meet concrete legally binding objectives at regional
level9.
Included among the functions delegated to the voivodship level are duties such as
that to implement measures to protect the environment.
The procedural basis is the Code of Administrative Procedures of 1960 in the ver-
sion of 1996. The procedural principles are comparable to those of German law.
Administrative procedure follows the investigation method of inquiry, and pre-
scribes a hearing before an administrative ruling is pronounced (Code of Admin-
istrative Procedures Art. 9, 10). This obligation to hear the parties echoes the pro-
vision contained in Art. 28 of the German Administrative Procedures Act
(VwVfG)lO. An administrative ruling appears to be the farniliar form for public
authority decisions; there are no regulations for contracts under public law ll , yet
it is possible for an authority to act as party to contracts under civil law. Other
forms of procedure are the administration agreement, which is concluded by two
parties before an administrative organ, and the agreement between communities,
counties or voivodships.
Regarding administrative court procedure, the provisions of the general Act on
the Main Administrative Court of 11.05.1995 apply. This Act provides for only a
single court, but with branches in ten eities. Although the Act does not contain
clear definitions of different types of legal action, a distinction can be drawn
between actions of contest and actions for assumption of obligations. The inves-
8 Cf. the Geruchsimmissions-Richtlinie /GIRL) 1999; for detail also Kuratorium fr Tech-
nik und Bauen in der Landwirtschaft (KTBL), Arbeitspapier 265, p. 42; also Peschau,
Geruchsfreisetzungen und Geruchsbewertungen im Bereich der Landwirtschaft aus
immissionsschutzrechtlicher Sicht, UPR 1998, p. 248 ff.
9 Cf. Durka, Reform der ffentlichen Verwaltung in Polen, Deutsch-Polnisches Informa-
tionsbulletin ''Transodra''; http:www.Uni-kiel.de/eastlaw/ss20/oste6.htm.
10 Cf. Trunk, in: http:www.euroregion-neie.de/info 31131reform.html.
11 Cf. Trunk, loc. eit.
A Polish example for the harmonization of national and EC law 19
tor should note that the right to take legal action is acknowledged in every case of
"legal interest", and that actions may likewise be brought by "social organiza-
tions in the area of their statutory interests" (Art. 33), much like legal actions
instituted by associations in Germany. On the other hand, actions of contest have
no suspensive effect (Art. 40 no. 1). There is no general provision for legal pro-
tection in the interim similar to Art. 123 of the German Administrative Courts
Code (VwGO)12.
12 Cf. Brunner, ed. Verfassungs- und Verwaltungsgesetze der Staaten Osteuropas, loose-1eaf
collection October 1998; also Diemer-Benedikt, Das polnische Gesetz ber das Hauptver-
waltungsgericht vom 11.05.1995, Osteuropa Recht 1996, p. 160 ff.
13 E.g. the German-Polish Chamber ofIndustry and Commerce, P.O. Box 439, 00950 War-
saw.
The harmonization of Polish environmental
protection law with European Union law
Jan Bot / Konrad Nowacki
sufficient detail to enable the direct application of the Constitution. Because the
notion seems to be very flexible at present and more and more statutory regula-
tions regarding the issue are adopted, this task will be exceedingly difficult. And
yet the constitutional provisions have content-related significance also for the
remaining legislation.
Art. 31.3. Any limitation upon the exercise of eonstitutional freedoms and
rights may be imposed only by statute, and only when neeessary in a demo-
eratie state for the protection of its seeurity or publie order, or to protect the
natural environment, health or publie morals, or the freedoms and rights of
other persons. Sueh limitations shall not violate the essenee of freedoms and
rights.
The notion of the inviolability of rights and freedoms may be understood in var-
ious ways. In particular it may be identified with the existence of an invariable,
absolute content of each fundamental civil right, and at the same time the notion
may be regarded as relative and interpreted depending on a given situation and all
the circumstances. In attempting to formulate a general principle, one must
assume that a breach of the essence of civil rights and freedoms occurs where a
statutory regulation renders the exercise of such rights and freedoms impossible
in practice. The nature of the guarantees given to an individual with a view to pro-
tecting them against a public authority may not be determined (apart from the
content) separately from the current legal order. When setting the limits of
freedoms, the legislator may determine them comprehensively and in detail in a
statute, write B. Banaszak and M. Jaboski.
The provision formulates the principle according to which no-one, irrespective of
whether it is a public authority or other person, may limit a man's freedom. The
notion of legal protection entails the existence of appropriate legal provisions
which bind equally every subject of public law relations. Section 2 of the Article
quoted above indicates distinctly the basic role of the law, which specifies actions
which restrict or deprive a person of their rights. It is, however, permissible to
force a given person to behave suitably (even if in that person's opinion that
would constitute a limitation of their rights), if the legal regulations in force,
which must have the form of a parliamentary act, allow or require it. Thus in this
case an independent action by the executive is not possible. The reasons for lim-
iting rights and freedoms laid down in the Constitution may be said to have been
selected correctly. The fact that they include health and environmental protection
indicates the legislator's conviction that the non-controversial public interest
must be safeguarded.
Art. 68.4. Publie authorities shall eombat epidemie illnesses and prevent the
negative health eonsequenees of adegradation of the environment.
The team led by J. Sommer, which was working on the draft environmental pro-
tection act in Wrocaw in 1997, accepted the following interpretation of the prin-
ciples of prevention aimed to avoid the negative impact of environmental degra-
dation.
The harmonization of Polish environmental proteetion law with European Union law 23
Because of the content of Art. 86, the position where it is situated within the Con-
stitution indicates that the regulation applies not only to each citizen but also to
each subject of law which undertakes environmentally harmful activities. It is
rather dear that any deterioration caused only by citizens would be, apart from
very special cases, relatively insignificant. It is the operations of economic enti-
ties that result in main and substantial environmental degradation and deteriora-
tion. The provision in question encompasses not only the obligation to refrain
from activities which might damage the environment but also the duty to coun-
teract or prevent all detrimental environmental impact and to undertake actions
aimed to restore the quality of the damaged environment.
The duty of care and responsibility for environmental deterioration applies to all
persons and entities subject to the jurisdiction of the state, i.e. Poles and foreign-
ers, Polish economic entities, mixed and foreign economic entities and other
organizational units governed by Polish law, public authorities and bodies of pub-
lic, both state and local, administration. The duty to redress the damage, which
results from the obligation to take care of the environment and the responsibility
for its deterioration, is absolute, i.e. no-one may free oneself from it. The obliga-
tion may be discharged by undertaking activities aimed to res tore the original
state or by paying out compensation. The risk of weakening or failing to fulfil the
obligation of care that results in environmental deterioration and constitutes a
responsibility prerequisite indicates the need to regulate Art. 86 also in the con-
text of preventative protection.
A subject causing an environmental deterioration is held responsible even if it
obtained a permit for the deterioration in the form of a single administrative deci-
sion or as a result of aseries of legal acts. For instance, a builder of a motorway
must pay compensation for decreasing the value of a residential house or a farm
as a result of the environmental deterioration caused by the construction of the
motorway.
The responsibility formulated in Art. 86 is independent of the guilt.
An issue which has not been regulated is whether the provision allows Poland to
take any action with regard to its neighbour if its citizens or entities conducting
their economic activities within its territory deteriorate the environment in
Poland. It seems that of considerable importance in this respect will be the rele-
vant international treaties and Poland's new legal situation related to its future EU
membership.
The Constitution is binding directly:
1) before all bodies of all competent public authorities, the legislative, the exec-
utive and the judiciary with regard to the application of private law, where the
body is obliged to take account of the constitutional provisions and the party
may effectively invoke them;
2) before all bodies and employees of offices within the area of public law appli-
cation and implementation;
The harmonization of Polish environmental protection law with European Union law 25
3) before all bodies of ftrst and second instance, as well as other regulatory and
supervisory authorities.
Within private law-regulated relationships between private subjects no party may
effectively invoke the provisions of the Constitution. The legal consequences of
a direct application of the Constitution is the same as the legal consequences of a
direct application of a parliamentary act. A citizen may effectively invoke a con-
stitutional provision and a public authority body must take it into account.
aims attainment plans and schemes. It favours a new approach consisting in dif-
ferentiating requirements with regard to the existing and new sources of pollu-
tion. The main instrument applied to regulate the use of the environment in
Poland is, as in European law, the ecological permit encompassing in particular:
the air pollution permit, the water law permit (for water intake, sewage discharge,
construction and operation of water facilities), the waste production permit, the
noise emission permit, the permit for generating electromagnetic fields which
permeate into the environment, the tree and shrub removal permit.
The Act introduces also the integrated ecological permit modelled on Directive
96/61 (IPPC).
The leitmotif of the Polish air protection regulations is the prevention of the gen-
eration, the limitation or elimination of air pollutants with a view to decreasing
their concentrations down to permissible levels or to maintaining their concentra-
tions at permissible levels. This conforms to the EU approach set out in Direc-
tives 96/62 and 96/61 (lPPC). The previous Polish regulations regarding air pro-
tection differed greatly from the respective European legislation. A significant
advance in the law harmonization process took place in 1997, when an amend-
ment to the 1980 act was adopted. However, fundamental changes were intro-
duced only in the Act of 17 April 2001, which contains provisions for the issu-
ance of, for instance, delegated legislation compliant with the EU standards
regarding the permissible and alert air concentrations of particular substances, a
zone air protection system, the standard meeting criteria and the time limits of
their validity. The delegated legislation in this respect reflect the solutions
adopted in the former EU directives.
With regard to chemicals the situation improved in 1997, when on 21 August the
Regulation on Chemical Substances Posing a Threat to Health or Life was issued.
The Regulation transposed the provisions of Directive 67/548 conceming the
classification and marking of chemical substances and the requirements to draw
up product characteristics cards for chemical substances. The legal basis for a full
approximation was created after the adoption of the Chemical Substances and
Preparations Act of 11 January 2001, which deals with all the main practicalities.
Because of the need for conformity with the 1992 UNECE Convention on the
Transboundary Effects of Industrial Accidents and with the basic requirements of
Directive 96/82/EC on the Control ofMajor-Accident Hazards (COMAH), some
necessary changes in Polish legislation with regard to extraordinary environmen-
tal hazards were planned. It must be admitted that the solutions accepted first in
the amendment to the 1980 Environmental Protection and Shaping Act were a far
cry from the full incorporation of the provisions of the Convention and the
COMAH Directive referred to above. The fuH harmonization took place in the
Environmental Protection Act, Title IV Major Accidents.
Biotechnologies (geneticaHy modified organisms, GMOs). Until the adoption of
the 1997 amendment to the Environmental Protection and Shaping Act Polish
The harmonization of Polish environmental proteetion law with European Union law 27
law had had no provisions similar to those of Directive 90/2201EEC on the Delib-
erate Release into the Environment of Genetically Modified Organisms. The
amendment came into force on 1 January 1999. This regulation was only a frag-
mentary implementation of the solutions provided for in the Directive referred to
above. The gap was filled in, at least partly, by the Regulation of 8 October 1999
of the Minister of Environmental Protection, Natural Resources and Forestry on
Genetically Modified Organisms (Dziennik Ustaw No. 86, Item 962). However,
the issue was fully dealt with only in the Genetically Modified Organisms Act of
22 June 2001.
The entire Nature Conservation Act, which has been substantially amended in
recent years, shows a high degree of approximation to EU law. This results from
the fact that in this respect both Polish and European law was inspired by the
same international treaties concerning nature conservation. In its fundamental
aspects the Polish Forests Act complies with European law, which in this field
has not produced many formal documents. The latest amendments supplement
the said Act with EU regulations, especially with regard to the protection of for-
ests against rITe.
The Polish Waste Act of 27 April 2001 is compatible with EU law in all its main
aspects, especially definitions, the aims of regulation, the application of the envi-
ronmental impact assessment procedure, the role of waste management plans, the
scope of administrative law permits and special waste handling procedures.
Water. A dozen or so very detailed, frequently mutually inconsistent European
directives, which had been drawn up in various periods, did not have much
impact on Polish legislation. The Polish Water Law Act of 1974 and its 1997
amendment constituted a more-or-less comprehensive regulation of the broadly
understood water management sphere with regard to the qualitative and quanti-
tative protection of surface and underground waters. The amendment of 25 April
1997 introduced into Polish environmental protection law the catchment-based
management system principle, which complies with the sustainable development
principle, and takes account of the natural continuity and connection of water
resources. The Act introduced the institution of the basin waters use conditions.
The conditions, as a planning device, will impose restrictions on using waters and
water facilities in a basin or its section and the directions of activities in the area
of water management investment projects. Polish regulations regarding water
pollution control were very distant from the relevant EU law solutions. No Euro-
pean legal act was fully reflected in Polish law. In particular, there were no regu-
lations regarding the surface and underground waters monitoring system and no
regulations obligating entities to construct sewerage systems or sewage treatment
plants (modelled on Directive 91/271 concerning Urban Waste Water Treatment).
Also the quality standards concerning sewage discharged to water or into soil
were considerably incompatible with the standards contained in Directive 76/
464IEEC on Pollution Caused by Certain Dangerous Substances Discharged into
the Aquatic Environment of the Community. Some Polish norms were even more
28 Jan Boc I Konrad Nowacki
severe, which however does not necessarily mean that they were indeed
observed. The Polish requirements as to the water and sewage analysis methods
also had to be brought into line with those used in the EU. The discrepancies were
largely removed by the Water Law Act of 19 July 2001, which however did not
take account of all the ecological aims of Directive 2000160lEC Establishing a
Framework for Community Action in the Field of Water Policy.
The Geological and Mining Law Act of 4 February 1994 conforms to EU envi-
ronmental protection legislation to the extent to which it complies with the gen-
eral environmental protection principles set out in the Treaty ofMaastricht, as the
EU has not produced, apart from one directive, any special acts in this respect.
With regard to nuelear safety, EU legislation may be brought down to five
aspects:
protection of employees' and general public's health against ionizing radia-
tion;
notification of the public of a potential danger of an accident and the health
protection measures available;
transport of radioactive substances;
radiological protection of persons undergoing medical exarninations or treat-
ment by means of ionizing radiation;
perrnissible concentrations of radioactive substances in foods and fodder
allowed to be traded in periods following a nuelear or radioactive disaster.
Until 2000 Polish legislation regarding nuelear safety and radiological protection
did not comply fully with the basic EU legislation in this respect. It was only the
new Atomic Law Act of 29 November 2000 which gave a uniform foundation for
radiological protection and created the necessary legal basis for delegated regu-
lation.
In October 2001 Poland completed its negotiations with the European Union
regarding environmental proteetion. The Union agreed to the following nine tran-
sitional periods in respect of the application of EU standards:
This so called Approximation Process not only requires that all the relevant EU
requirements are fully transposed into national legislation (legal transposition)
but also that an appropriate institutional structure with a sufficient budget is pro-
vided in order to administer the nationallaws and regulations (effective imple-
mentation or practical application) and the necessary controls and penalties put in
place to ensure the law is fully complied with (enforcement). The candidate coun-
30 Jerzy Sommer
tries have the obligation to adopt the Acquits. Acquis communautaire is not
defined legally, only it is mentioned in the Treaty on European Union (Art. 2
and 3). The term, it is asserted, embraces not only the primary and secondary law
of EC but also the verdicts of the Court of Justice and the intemationallegal obli-
gation of EC (F. Emmert, M. Morawiecki, Prawo europejskie, Wydawnictwo
Naukowe PWN, Warszawa-Wrodaw 1999, p. 412). But taking into account the
official documents of EU e.g. Accession partnership, Copenhagen criteria, White
Book and Agenda 2000 - Commission Opinion on Poland's Application for
Membership of the European Union it may be asserted that the term is used still
in broader sense. It ought to comprise also the policies of the Union as weIl as
administrative capacity to put into effect the principle of democracy and market
economy and to apply and enforce the Acquis in practice.
In this sense the term denotes the whole legal output of EU. But to adopt Acquis
communautaire, in this meaning, it is almost impossible task in pre-accession
period. It will be a long process also after the accession.
The candidate countries are obliged to adopt the whole Acquis communautaire.
So, the process of approximation (or harmonization) embraces the transposition
of legal norms including the principle of law and policy comprised in Treaty e.g.
precautionary principle, implementation and enforcement of these norms taking
into account the judicial decisions of the Court of Justice, the implementation of
the policies of European Union as weH as building the proper administrative and
judicial structure. It must be remember that the obligations are in this respect
highly differentiated. According to the Treaties, the administrative and political
structure of Memberstates is their internal affair. Only certain requirements are
mentioned in the context of political structure. Art. 6 of the Treaty on EU pro-
claims that the Union is founded on the principle of liberty, democracy, respect
for human rights and fundamental freedom, and the rule oflaw. The Copenhagen
criteria have the similar contents. They are very general principles and it is pos-
sible to create many different political systems which will be adhered to them. In
reality, this situation exists in EU, where all countries are democratic ones, but
they are not identical. It may be said also that every country, no matters how dem-
ocratic, may be ever more democratic. The same is with the administrative struc-
ture. So, the obligation in this sphere can be treated only as the obligation to build
the efficient structure, and nothing more. It must be remembered that problem of
efficiency is very complicated and controversial one. The most controversial is
the notion of efficiency. Always it may be said, that the administrative structure
ought to be more effective. It is therefore very difficult to check objectively the
progress of candidate countries in this dimension. As to incorporation of the
Treaties the problem is a little easier, because the candidate countries are obli-
gated to eliminate all norms or legal institutions which are contrary to primary
law. If they did not make that, the legal institutions and norms contrary to Treaties
will be void after accession. But it must be added that there is sometimes not easy
to asset where certain norms impede that free movement of goods or capital. The
same is with regulation which are binding directly on the territory of Member-
Instruments for hannonizing Polish and EC environmentallaw 31
The important step was taken by the European Council on its summit in Copen-
hagen (21.-22. 06. 1993). The European Council determined the following crite-
ria, the fulfillment of which allows European countries to apply for membership
in EU: the candidate country must achieve stability of institutions guaranteeing
democracy, the rule of law, human rights and respect for and protection of minor-
ities, it must assure the existence of functioning market economy, as weH as the
capacity to cope with competitive pressure and market forces within the Union, it
must demonstrate the ability to take on the obligation of membership, induding
adherence to the aims of political, economic and monetary union.
The European Council expressed three groups of criteria: 1) political (stability of
institutions guaranteeing democracy, the rule of law, human rights and respect for
and protection of minorities), 2) economic (market economy, coping with the
competition requirements of Single Market) and 4) obligation of membership
(adoption ofthe Acquis Communautaire and fulfilment ofthe objectives ofpolit-
ical, economic and monetary union). The European Council in Madrid, in
December 1995, stressed the need to create the condition for the gradual, harmo-
nious integration of applicant countries, particularly through:
development for the market economy,
the adjustment of their administrative structure
the creation of stable economic and monetary environment.
The official application was submitted by the Polish Minister of Foreign Affairs
on 8. 04. 1994 in Athena (Greece fulfiHed at this time the Presidency in the Coun-
cil). The European Commission prepared in 1995 the White Book on Integration
of the East and Central European Countries with Common Market. The White
Book was accepted by the European Council on its meeting in Cannes (26.-27.
06. 1995). The Commission prepared in 1997 (15. 07. 1997, DOC/97/16) docu-
ment: Agenda 2000: Commission Opinion on Poland's Application for Member-
ship of European Union. Commission in the document analyzed the Polish appli-
cation on its merits. Applying the Copenhagen criteria, the document analyzed in
length the Polish ability to be a member of EU. The document designated the
tasks accomplished and the tasks which ought to be done. Taking into account
these documents the Polish Government prepared during the 1997 year several
documents on the Polish strategy of integration. The European Council on its
meeting in Luxembourg (12 - 13. 12. 1997) decided to begin the negotiations
with candidates countries from East and Central Europe and Cypress The nego-
tiation began in 1998 year. Council Regulation of 16. 03. 1998 (OJ No L085) and
foHow-up 981260lEC Council Decision (OJ No 121, p. 6,1998-0 - 23) created the
legal basis for the preparation of Accession Partnership documents. On March
30, 1998, Foreign Affairs Ministers from the fifteen countries of the European
Union handed over to their opposite numbers form the ten candidate countries of
Central and Eastern Europe individual Accession Partnership Agreements
(APSs) setting out, for each countries, conditions for granting of EU pre-acces-
sion aid and criteria for assessing progress made in aligning their economies and
34 Jerzy Sommer
legislative bases on the EU. In the environmental sector, it is stated in the docu-
ment: Steps must be taken to ensure the juli transposition of the environmental
acquis as weil as substantial progress in effective compliance. Particular efforts
must be made to achieve juli European Union compatibility of the waste, water
and nature legislation and to ensure the transposition of the framework Direc-
tives dealing with air, waste, water and the Integrated Pollution Prevention and
Control Directive. Investments must be strengthened, in particular as regards
large combustion plants, the water sector, industry, urban air pollution, solid and
hazardous waste management and management of municipal waste. A consider-
able effort must be made to develop adequate implementation and enforcement
structures. Public awareness with regard to the environment must be stimulated..
(Communication from the Commission - Poland: Accession Partnership, Offi-
cial Journal No C202 p. 63, 1998/06/29)
The basis of negotiation, on the Polish side, was National Program for the Adop-
tion of the Acquis (NPAA) accepted by the Minister's Council on 28. 06. 1998
and then amended every year according to the results of approximation processes
and the changes in document "Accession Partnership". The content of NPAA
reflected three basic elements: one - it was the progress in realization of Euro-
pean Agreement and the level of Polish preparation to EU membership, second -
it was the opinion of European Commission on Polish application and third - it
was the document of European Commission "Accession Partnership" which
defined the forms of an assistance for the candidate countries. The document
(NPAA) determined the directions of approximation activities and the schedule
of their realization in the years 1998-2002.
The negotiation has embraced the following items: 1) free movement of goods, 2)
free movement of persons, 3) freedom to provide services, 4) free movement of
capital, 5) company law, 6) competition policy, 7) agriculture, 8) fisheries, 9)
transport policy, 10) taxation, 11) economic and monetary union, 12) statistics,
13) social policy and employment, 14) energy, 15) industrial policy, 16) small
and medium size enterprises, 17) science and researches, 18) education, training
and youth, 19) telecommunication and information technologies, 20) culture and
audiovisual policy, 21) regional policy and coordination of structural instru-
ments, 22) environment, 23) consumer protection and health, 24) justice and
horne affairs, 25) custom union, 26) external relations, 27) common foreign and
security policy, 28) financial control, 29) financial and budgetary provisions, 30)
institutions and 31) other matters. The negotiation was conducted according to
the following phases. The first phase comprised the screening of the candidate
countries law from the point of view of the acquis communautaire In the second
phase Poland has prepared its position in the 29 negotiations items (excluding the
items 30) institution and 31) other maters, which was exclude from screening),
and sent the position to the Commission. In the next phase the European Com-
mission has prepared the common position ofEU towards the Polish position. All
these phases have enabled the parties to begin the negotiation. The point of the
negotiation departure is the screening of Polish legislation to find the discrepan-
Instruments for hannonizing Polish and EC environmentallaw 35
cies between Polish law and EC law. In all the points, where the discrepancies
were detennined, Poland must prepared the legal regulation in accord with acquis
communautaire. The negotiation should end in preparing the common position in
particular items, and in this way to detennine the conditions of accession.
3. Organisational arrangements
The process of integration requires proper organizational forms, on the side of
EU and on the side of Poland. From 26. 01. 1991 to 15 . 10. 1996 this process was
realized on the side of Poland by the Plenipotentiary of Government for the Euro-
pean Integration and Foreign Aid and by a Minister of Foreign Affairs. The Min-
ister was responsible for the negotiation with European Commission and the
Plenipotentiary was responsible for the harmonization of law and, to certain
degree, for the structural changes in Poland. The Plenipotentiary was located in
the structure of Minister's Council Office. The Office was located by a Prime
Minister and a Chief of the Office was nominated by him. The structure tried to
play the role of supenninistry. Areal role of the Office was dependent on the role
of a Prime Minister in Minister's Council. The role of a Prime Minister in the
Minister's Council was in turn dependent upon the party structure of government
(one-party or coalition cabinet) and upon the relation with the President of
Poland. In the years 1991-1995 (it is the term of office of President Wasa) the
President (Wasa) want to introduce the Presidential system equal as in USA or
even in Russia. This effort had a minimal political support but produced dishar-
mony in government. Also all governments in these times was coalition govern-
ments. The Constitution of 1992 (so call Small Constitution) gave to President of
Poland the additional powers over the Ministers: of Foreign Office, National
Defense and Internal Affairs (in comparison to other ministers). All these events
produced sharp political c1eavages and struggling for power. As a result of this
situation the negotiation with Commission was not supported by the processes
leading to harmonization of Polish law with EU Law.
responsible for harmonization is made more smooth. The President of the Com-
mittee ofEuropean Integration was and is the Prime Minister (with short pause in
the year 1997 - 1998), which fulfill its function with a help of Secretary - now
deputy Minister of Foreign Affairs, and previously a deputy minister in Chancel-
lery of prime minister. The Committee consists of Ministers: Foreign Affairs,
Internal Affairs, Justice, Finance, Labor and Social Affairs, Agriculture, Econ-
omy and Environment. The Prime Minister may nominate three persons with
competence in the fields of Committee activities. All these institutions function
under the politicalleadership of the Prime Minister and with strong influence of
Minister of Foreign Affairs on the negotiation processes. In this way the better
coordination of international policy is sought (Accession Negotiation, Poland on
the Road to the European Union, Government Plenipotentiary for Poland's
Negotiations, Warsaw 2000).
The ministers, whose competence embrace the negotiation items, are responsible
for the harmonization of legislation and the structural changes. They are acting on
the basis of the National Program for the Adoption of the Acquis (NPAA). In all
interested ministries there was founded special departments or task forces
responsible for the harmonization. The final decisions are made by the Parlia-
ment, which is deciding on the content of law: directly or indirectly. Directly by
enactment of acts and indirectly by determining the scope and, in certain degree,
the contents of executive orders. In Parliarnent (both in Sejm and Senate) the
commission of European integration was appointed in 1996 and it is functioning
nowadays. In previous terms of office in the Parliament, namely in Sejm, there
was created the special commission ofEuropean law, which should facilitated the
enactment of harmonization acts.
Simultaneously the mechanism was created to check concordance of the draft
legislation with the requirements of EC law. This mechanism existed from the
1992 but from the 1994 it has the legal basis. The Ministers Council enacted on
29. 03. 1994 the resolution which created the mechanism for this purpose (MP
No 23, item. 188). Every government legislative act and also the drafts ofparlia-
mentary acts must be scrutinized from the point of view of concordance with EU
legislation. The Ministers Council, Prime Minister or ministers must take into
account and opinion of concordance when they are making the decision on the
regulation. The opinion on concordance must be attached to the drafts of Parlia-
mentary acts when send to Parliament. In 1998 the additional mechanism was
created in Sejm. The acts which had not the government opinion of concordance
(it is the draft coming form MP or Parliamentary Commission) must have an
opinion produced by the Parliarnentary legal service.
It may be say that now all important direction of EU legislation was incorporated
to Polish law.1t was done either by amending existing legislation (e.g. hunter law,
conservation law, construction law, physical planning law, cultivated plants pro-
38 Jerzy Sommer
tection, energy law, geology and mining) or replacing the old legislation by the
new one or by creating quite new legislation. The acts replacing the old legisla-
tion are as followed: 1)The Environmental Protection Act of 27.04. 2001 (Dz.
No 62, item 627), 2)Water Law Act of 18.07.2001 (Dz. U. No 115, item 1224),
3) Act on Waste of27. 04. 2001 (Dz. No 62, item 628), 4) Act on Packaging and
Packaging Waste of 11. 05. 2001 (Dz. U. No 63, item 638),5) Act on the Duties
ofManufacturers ofCertain Waste and on the Deposit and Product Tax of 11. 05.
2001 (Dz. U. No 63, item 639),6) Nuclear Law Act of29. 11. 2000 (Dz. U. 2001
No 3, item 18),7) Act on Sea Fishing of 6.09.2001 (Dz. U. No 129, item 1441),
8) Act on Health Condition of Food and Nourishment of 11. 05. 2001 (Dz. U.
No 63, item 632), 9) Act on Cosmetics of 30. 03. 2001 (Dz. U. No 42, item 473),
10) Inland Navigation Act of 21. 12.2000 (Dz. U. no 5, item 43), 11) Act on the
Nourishing of Animals of 24. 08. 2001 (Dz. U. No 123, item 1353). The com-
plete new acts are as followed: 1) Chemical Substances and Preparation Act of
11. 01. 2001 (Dz. U. No 11, item 84), 2) Act on Substances that Deplete the
Ozone Layer of 2.03.2001 (Dz. U. No 52, item 537),3) Organie Farming Act of
16.03.2001 (Dz. U. 38, item 452),4) Genetieally Modified Organisms Act of
2.06.2001 (Dz. U. No 76, item 811),5) Forestry Replication Material Act of 7.
06.2001 (Dz. U. No 73, item, 761), 6) Act on Afforestation of Agriculture Land
of08. 06. 2001 (Dz. U. No 73, item 764),7) Water Supply and Sewage Treatment
Systems Act of 11. 04. 2001 (Dz. U. No 72, item 747),8) Act on Fertilises and
Fertilisation of 26. 07. 2000 (Dz. U. No 89, item 991), 9) Act on the Ban on
Chemical Weapon of 22. 06. 2001 (Dz. Uno 76, item 812), 10) Act on the Pres-
ervation of National Character of Natural Resources of Strategie Importance of
6.07.2001 (Dz. U. no 97 item 1051), 11) Act on General Safety ofProducts of
22.01. 2000 (Dz. U. No 15, item 179).
It may be counted that quite new legislation embraces 11 Acts. The complete
modified acts amount to 11 also.
One may question whether this harmonization effort of Poland resulted in better-
ment of Polish law system. It may be contended that the results are not clear. On
the one side there is betterment of legal system because there are regulated the
fields that were not regulated but they ought to be regulated and certain number
of new legal institutions was introduce whieh the system did not know (e.g. BAT,
modemised EIA procedure, protection of water based on river basin and IPPC
procedure). On the other side it may be claimed that the harmonization brought
more disintegration elements than hitherto existed (many acts not co-ordinated)
and the implementation deficit (Volzzugdficit) becomes deeper.
The Polish law system fulfils the basic principles mentioned in the Copenhagen
Criteria of 1993. It is grounded on the democracy, rule of law principle, humans
rights and minorities protection. These general principles are realised by the more
specific institutions. In this context it may be mentioned the superiority of Con-
stitution and Parliament Acts in law system. The rights and obligations of citizens
may be regulated only by the Constitution and Parliamentary Acts. The courts are
independent and all administrative decisions are under their supervision. There is
Constitutional Tribunal which supervised the constitutionality of law.
Specially important in the context of harmonisation is the formal structure of
Polish law. The structure of the Polish legal system is determined by Articles 8,
87, 93 and 94 of the Polish Constitution. According to the Constitution the fol-
lowing sources of law exist in the Polish legal system: the Constitution, Parlia-
mentary Acts (statutes), ratified international agreements, executive orders (reg-
ulations) and locallaw.
The Polish legal system is based on the principle of supremacy of the Constitu-
tion and Parliamentary Acts and ratified international agreements. Constitutional
norms are directly binding unless otherwise stated (Art. 8, para 2) and they take
precedence over Parliamentary Acts and other regulations. The Constitutional
Tribunal safeguards the primacy of the Constitution and Parliamentary Acts in
the legal system.
Parliamentary Acts can regulate any sphere of sociallife but they can only regu-
late the rights and duties of citizens and individuals to the degree allowed by the
Constitution. All Parliamentary Acts have equal power. Therefore the provisions
of one act are not binding on other acts unless otherwise determined by court
decisions or jurisprudence. Polish system do not know the so called framework
law. International agreements, ratified by the President and promulgated in Dzi-
ennik Ustaw (Journal ofLaws), are directly binding in nationallaw. International
agreements ratified by the President as empowered by Act of Parliament have a
higher legal authority than Parliamentary Acts. The relationship between Parlia-
mentary Acts are governed by the principles of lex posterior and lex specialis.
The executive authorities can issue normative acts (executive orders, resolution
and regulation) only when so authorised by Act of Parliament. The executive
orders are binding for all and the resolution and regulation are binding only in the
framework of organisational dependence (a kind of Verwaltungsvortschriften).
The Council of Ministers, the Prime Minister and Ministers may issue also Reso-
lutions and Regulations. These acts are of internal character and are only binding
on those organisations and persons that are subordinate to the body that issued the
relevant act. The regulations can only be issued on the basis of a Parliamentary
Act. They cannot serve as the basis for decisions taken in respect of citizens, legal
persons and other subjects (Art. 93, para. 1 and 2). These acts may serve as instru-
ment of introducing the organisational measures necessary for implementation of
EC law.
40 Jerzy Sommer
Much more important significance for the implementation of EC law have the
executive orders. According to the Constitution the only authorities empowered
to issue executive orders are: the President of the Republic (Art. 142), the Council
of Ministers (Art. 146, para 4.2), the Prime Minister (Art. 148.3), Ministers
responsible for administrative departments (Art. 149, para 2), the National Coun-
cil for Broadcasting and Television (Art. 213, para 2) and the President of Com-
mittees created by Parliamentary Acts (Art. 147, para 4 and Art. 149, para 3).
An executive order may be issued by the authority mentioned in Constitution on
the basis of specific powers contained in a Parliamentary Act and for the purposes
of the implementation of that Act. The Act must specify the appropriate body to
issue the executive order and the scope of matters to be regulated, as weH as
guidelines on the provisions to be contained in the order (Art. 92, para 1).
Instruments for harmonizing Polish and EC environmentallaw 41
The present character of executive orders has a long his tory. It may be said that
the first outstanding step toward the clearing the nature of executive orders was
made by in 1964 by Stefan Rozmaryn, the outstanding lawyer of the time. He
developed the theory of executive orders as acts subordinated to Parliamentary
acts and executive to them (S. Rozmaryn, Ustawa w Polskiej Rzeczypospolitej
Ludowej, Warszawa 1964, 197 ff.). This theory was developed in the following
years. The main problems were: the scope and contents of delegation, the role of
the executive orders in regulating the rights of citizens, supremacy of Parliamen-
tary acts. There was the great discrepancy in the theory and practice. Of great sig-
nificance for the concept of executive orders was the establishment in 1985 the
Constitutional Tribunal. From these time the theory has the opportunity to
become the reality. This was strengthened after the introduction in Poland the
parliamentary democracy in 1989. Taking as a starting point the concept of rule
of law the Tribunal expressed the idea that the govemment can intervene in citi-
zen's rights and obligation only on the basis of en explicit delegation in parlia-
mentary legislation (K. Dzialocha, Pafzstwo prawne w warunkach zmian zasad-
niczych system prawa RP, Paiistwo i Prawo No 1 of 1992, p. 17). The Tribunal
dealt with this matter in many rulings which led to a fairly uniform interpretation
of Article 41 para 8 of Constitution of 1952 than Article 54 of Constitution of
1992 and particularly the expression "on the basis of Parliamentary acts and in
order to implement them" (K. Dzilaocha, Rozporzdzenie jako akt wykonawczy do
ustawy w orzecznictwie Trybunalu Konstytucyjnego, Annales Universitatis
Mariae Curie Sklodowska, vol. XXXVII, 4,1990, p. 41 ff.). The Tribunal found
that expression "on the basis ofParliamentary acts" had two meaning. First, these
rulings represented the position that the condition of explicit delegation in the
Parliamentary acts resulting from the expression in the Constitution binding in
that times "on the basis of parliamentary acts" meant that when the delegation is
not presented in the legislation i.e. the legislation is silent on this matter, it must
be interpreted as not delegating regulatory powers in the field regulated by the
Parliamentary act. The legislative delegation of authority is always subject to
stringent literal interpretation. Inferred scope of delegation of powers not listed in
the delegation or applying objective-minded interpretation is principally out of
question. Also inadmissible is the position of the authority issuing an executive
order that the competence to regulate certain fields has been delegated to it in an
implicit manner. The second of the two elements of the interpretation of the
expression "on the basis of parliamentary act" refers to the requirements of spe-
cificity (specific nature) of delegation in the Parliamentary act, as an immediate
ground for issuing the executive orders, regarded not only the authority which is
to issue such executive order, but also the matter in question. A specific reference
in the delegation to the matter regulated by the executive order means that the
matter should be define by its own indication of matters homogenous as to the
kind with those regulated in the act, but only these which do no have primary
importance in term of the object of the Parliamentary act and therefore they have
not been regulated exhaustively in the Parliamentary act, but nevertheless they
are necessary for the implementation of the provision of the Parliamentary act
42 Jerzy Sommer
order, or to protect the environment, health or public morals, or the freedom and
rights of other persons. Such limitation shall not violate the essence offreedom
and rights.
The Article determines the conditions upon which the limits on the constitutional
freedom and rights may be introduced. The limits may be introduced only for the
protections of the foHowing values: 1) the security of state, 2) the public order, 3)
the environment, 4) public health, 5) public moral, 6) constitutional freedom and
rights of others. The limits can be introduce only to the degree which is admissi-
ble in a democratic state and they can not violate the essence of the right. Limits
on citizen's and individual's rights can be made only by the Parliamentary Act. It
is taken for granted that the limits must be in accord with principle of proportion-
ality. The regulation comprised in this Article was discussed in the verdicts of
Constitutional Tribunallong before the enactment of Constitution of 1997 (A.
Walaszek-Pyzio, Zasada proporcjonalnoci w orzecznictwie Trybunalu Konstytu-
cyjnego, Przegld Ustawodawstwa Gospodarczego, nr 1 z 1995 p. 14 ff.). Consti-
tutional Tribunal defined: 1) the principle of proportionality, 2) discussed the
relation of Parliamentary Acts to the government regulation based upon the par-
liamentary delegation (further called executive orders) and 3) discussed the prob-
lem of essence of the right which can not be violated. As to the first problem the
Constitutional Tribunal acknowledged that the limits upon constitutional rights
and freedoms may be introduce only 1) when the proposed legislation can bring
about the planned result, 2) when the proposed legislation is indispensable for
protection of the approved public interest, 3) when the effects of proposed legis-
lation are proportional to the burdens put upon the citizens (Orzecznictwo Try-
bunalu Konstytucyjnego, 1995, cz I, p. 133). This opinion was backed upon after
the enactment of Constitution of 1997 (K. Wojtyczek, Granice ingerencji ustwo-
dawczej w sfer praw czowieka w Konstytucji RP, Zakamycze, Krak6w, 1999,
p. 149 ff.).1t must be admitted that the concept of proportionality is the same as
used in judicial decisions of the Court of Justice (e.g. c. 181/84, The Queen, ex
parte E. D. & F. M. (Sugar)Ltd v. intervention Board for Agriculture Produce
(lBAP), 1985, p. 2889). So the congruence of aquis and Polish law is high in this
respect, and the approximation process is therefore made easier. It must be
acknowledged that the proportionality is not limited only to environmentallaw.
This principle is binding in the whole legal system. But it is also important in
environmentallaw (M. Kloepfer, Umweltrecht, Mnchen 1989, p. 17,50). Envi-
ronmental protection is often in a conflict with constitutional freedoms and rights
especiaHy with the property rights and freedom of economic activity. According
to the judicial decisions of Constitutional Tribunal as weH as the Court of Justice
the property rights, including property rights to movable and immovable things
(ownership rights), are not unlimited (ius infinitum). They can be limited in situ-
ation of conflict with other rights and values protected by law. Other rights and
public values also are not unlimited. The legislator must estimate the conflicting
rights and value according to specific situation and make adecision based inter
alia on the proportionality principle.
44 Jerzy Sommer
As to the relation between Parliamentary acts and executive orders (delegated leg-
islation), in the context of Art. 31 para 3 of Constitution, the Constitutional Tri-
bunal has a rather strict standing. The Tribunal express many times the opinion,
also before the enactment of Constitution of 1997, that the limits of constitutional
rights may be made only by the Parliamentary acts in the matters of criminallaw
and other penal provisions. In other matters it is possible to delegate the legislative
power to regulations but they can regulate only secondary circumstances
(J.Oniszczuk, Orzecznictwo Trybunalu Konstytucyjnego w l. 1986-1996,
Wydawnictwo Sejmowe-Warszawa 1998, p. 180 ff.). This opinion was reinforced
after the enactment of Constitution of 1997. The Constitutional Tribunal decided
that regulation of constitutional rights may be made only by the Parliamentary acts
(verdict 0119. 05. 1998, U.5/97, Orzecznictwo Trybunalu Konstytucyjnego, Zbior
Orzeczefz, 1998, nr4, p. 252 and verdict 0130. 10. 2001 K 33/00, Orzecznictwo Try-
bunalu Konstytucyjnego, Zbior Orzeczefz 200117/227). But it seems that this opin-
ion is too rigid and it is practically impossible to regulate all limits of constitutional
rights only in Parliamentary acts (K. Wojtyczek, op. cU, p.114 ff.). In other verdicts
the Tribunal did not exclude entirely the possibility of regulating certain elements
of constitutional rights in the executive orders. But the executive order can not
deterrnine the basic elements of a right (verdict 0131.01. 2001, P 4/99, Orzec-
znictwo Trybunalu Konstytucyjnego, Zbior Orzeczefz, 2001/1/5). It may be added
that in other verdict (017.02.2001. K.27/00, Orzecznictwo Trybunalu Konstytu-
cyjnego, Zbior Orzeczefz, 2001, no 2, pos. 29), the Tribunal supporting the amend-
ments to the Physical Planning Act, does not question the competence of com-
mune councils to regulate, in very broad scope, the property rights in the land-use
plans in spite of very vague formulated delegation. It seems that in future the Tri-
bunal will be not question the regulation of the constitutional rights by the exec-
utive orders based on Parliamentary delegation, if the delegation will be in accord
with Art. 92 of Constitution and the regulation in Parliamentary act will fulfil the
requirements of good legislation. In The opinion of the Tribunal there are three
requirements of good legislation. First, norms which are limiting the constitu-
tional rights must precisely deterrnine who and in what situation is subjected to
limits. Second, the norms must be so precisely formulated to enable uniform
implementation and interpretation. Thirdly, the scope of the norms introducing the
limits of constitutional rights ought to reflect the concept of a rationallegislator,
it is, only such limits ought to be introduced, that rationallegislator could impose.
It seems, that Polish law system will be confronted, after accession, with the same
problem as the Memberstates in the scope of constitutional rights against the EC
law intrusion.
As to the concept of the core of constitutional rights which can not be infringe,
the judicial decisions of the Tribunal are vague, and the same is with legal doc-
trine. It seems, that it is prohibited to introduce such limits which will nullify the
rights. It is approved standing but not unique in this respect. It is assumed also
that the decision must take into account the character of rights and real effect for
them resulting from the restriction. the same situation is in judicial decisions of
Court of Justice.
Instruments for harmonizing Polish and EC environmentallaw 45
Until now there was analysed constitutional regulation important not only for
the environmentallaw. But it must be stress that the Constitution of 1997 com-
prises regulation on environmental protection. At fIrst it must be mentioned that
the norms of Constitution are directly binding (Art. 8 section 2) unless the Con-
stitution provides otherwise. The Constitution of 1997 regulates the environ-
mental protection in fIve articles (M. Mazurkiewicz, Regulacja konstytucyjna
ochrony srodowiska w Polsce, Ochrona Srodowiska. Prawo i Polityka, nr 2 (8) z
1997, s. 2 ff.). The most fundamental meaning has the Article 5, which lists the
environmental protection between the main aims of the Polish state, connecting
the environmental protection with the principle of sustainable development. The
Article states:
The Republic of Poland shall safeguard the independence and integrity ofits ter-
ritory and ensure the freedoms and rights ofpersons and citizens, the security of
the citizens, safeguard ofthe national heritage nd skall ensure the protection of
the environment pursuant to the principles ofsustainable development.
The principle of sustainable development was introduced fIrst time to Polish
legal system by the resolutions of the Parliament of the Republic (Sejm RP) of
10th ofMay 1991, being the basis for the national environmental policy. The pol-
icy structured in this resolution acknowledged the priority of the actions aiming
to prevent ecological degradation against the actions aiming to cure only its
adverse effects. Then the Act on Physical Planning of 1994 placed the sustainable
development as the corner stone of land-use. The principle of sustainable devel-
opment was defmed in The Act of 1980 on the Protection and Shaping of Envi-
ronment as the basis for the national regional and local environmental policy.
Now this defInition was comprised in the Environmental Proteetion Act of 200 1.
This concept is generally understood as the concept that ensures satisfying the
material needs of people, fair treatment and safety, to assure at the same time that
the use of non-renewable natural resources will be kept within such a scope that
would not preclude satisfaction of needs of future generations, and the renewable
resources will be used rationally. It must be stress that the defInition comprised in
the Environmental Protection Act of 2001 or in another Parliamentary acts has no
consequences for the meaning of constitutional norm. Constitution do not com-
prise any defInition of sustainable development, direct or indirect. There are, at
least, three concepts of sustainable development (R. Steurer, Paradigmen der
Nachhaltigkeit, Zeitschrift fr Umwetlpolitik & Umweltrecht, 2001, 537 ff.). So
the legislator may choose any concept which he prefer i.e. that which is consisted
with his concept of social and economic life under the condition that the environ-
ment will be treated as one of the development factor.
The Constitution states in Art. 74:
1. Public authorities shall pursue policies to maintain ecological security for
current and future generations.
2. Protection of the environment shall be the duty of the public authorities.
46 Jerzy Sommer
3. Everyone shall have the right to be informed ofthe quality ofthe environment
and its protection.
4. Public authorities shall support the activities of citizens to protect and
improve the quality of the environment.
The Article comprises the human right on information about quality of environ-
ment and about the activities aiming to protect it. It also comprises the obligation
of public authorities: to protect the environment, to develop the policy safeguard-
ing the environmental security for current and future generation and to support
the citizen's activities in this realm. The obligations of the public authorities have
more decorative then real meaning. They express the idea that the environment
should be guarded. Art. 68 section 4 lays on the public authorities the obligation
to prevent the negative health consequences of degradation of environment. the
normative value of this norm also is not too high.
The human rights provided to by the Constitution may be divided in two groups:
one which is applied directly on the Constitution and second can be asserted sub-
ject to the limitation specified by act. The right proclaimed in Article 74 belongs
to the second group. In this situation, the act decides on the scope of the right.
Such regulation is comprised in Environmental Protection Act of 2001. But also
other the existing law comprises provision on this subject. The Act determines
the scope of information to be provided for, the procedure and the exclusions.
The regulation is in accord with Arhus convention and 90/3131EEC directives on
the access to information (J. Sommer, Prawo do informacji 0 stanie i ochronie
srodowiska. Ochrona Srodowiska. Prawo i Polityka, 2000, No 4 (22), 2 ff.).
The Constitution also proclaims the citizens duty to protect the environment. The
Constitution states in Art. 86:
Everyone shall ca re for the quality of environment and shall be held responsible
for causing its degradation. The principles of such responsibility shall be speci-
fied by the Parliamentary Act.
It is worthy to notice that the notion of constitutional obligation is dubious. All
constitutional obligation may be reduced to the duty to observe the law. The same
is with Article 86.
The range of subject matters covered by the environmentallaw comprises the fol-
lowing items:
1) regulations goveming the protection against pollution (law on emissions),
2) regulations goveming the protection of valuable features of nature (nature
conservation law)
3) regulations goveming the use of natural resources,
4) regulations goveming procedural and organisational issues,
5) regulations goveming product supervision in terms of environmental protec-
tion requirements
It seems that today the law on emissions is the most voluminous set of regula-
tions. This is composed of provisions regulating the protection of waters against
pollution, protection of air against pollution (including noise and vibrations
abatement), protection against waste, radiation, and also protection against emer-
gencies. The financiaUlegal provisions on environmental fees and fines and on
methods of accumulating and allocating them should also be included in this sub-
ject scope. This group also covers the issues oflegalliability for non-compliance
with the environmental protection requirements. These issues were regulated in
many legal acts, particularly in the Water Law, Act on Environmental Protection,
the Nuclear Law, the Civil Code, and the Penal Code. Now it is regulated in Envi-
ronmental Protection Act of 2001, in Acts on waste management, in Water Act of
2001, to mention most important. The main legal instrument used is different
kinds of an administrative decision. Also to some extent the plans are used.
The provisions regulating nature conservation are among the oldest in the envi-
ronmental protection law (apart from water law provisions). These were at the
origin of this direction of regulations. Sometimes they are even equalled with the
whole body of environmental protection law in connection with the change from
the conservation concept to planning concepts. The latter position does not seem
correct. The nature conservation law, as put in the Act on Nature Conservation of
1991 and other acts of this kind in force in other countries does not cover all
issues which constitute the environmental law. The nature conservation law is
essentially the law regulating the protection of areas particularly valuable for
their natural features as well as the protection of plant and animal species. The
nature conservation law is based on the Act on Nature Conservation and on exec-
utive regulations for this act. Provision of the civil and penal code are not without
importance either. The regulations conceming the management of natural
resources in general (included in the provisions of the Act) are in logical and
functional relationships with the above scope of regulations, and only loosely
connected with regulations regarding the exploitation of the natural resources in
economic processes. This situation does not, however, pertain to Poland only.
The main legal instruments used are protected territories and the protection of
species.
The regulations goveming the use of natural resources are those which refer to
the use of mineral deposits, water, biological aquatic resources, forests, agricul-
48 Jerzy Sommer
was the least developed in Poland compared to other countries. It consisted of the
provisions included in the acts on environmental protection and management,
road traffic, poisons, foodstuffs and nutrition, standardisation and certification,
and the provisions of the Building Code. Now this direction of regulation is more
completed and comparable to EC law.
The fact that the environmental law is composed of so diversified regulations,
with different effective dates, cause some problem in their implementation. What
is commonly pointed out, not only in Poland, is the lack of organisation of provi-
sions, occurrence of gaps, crossed regulation, and finally their inconsistency
from the viewpoint of their primary objectives, e.g. ensuring the proper quality of
environment. There is also the problem of external integration, e.g. ensuring that
the environmental provisions are synchronised with other lines of legal regula-
tion, particularly with those which are essentially connected with ensuring envi-
ronmental protection. There are two method of ensuring the internal integration
of environmentallaw and not only the environmentallaw. The first method con-
sists of the proper shape of the sources of law. In connection with this, concepts
of developing an environmental code or framework environmental act regulating
general principles of environmental protection binding throughout the system of
law are suggested. It seems that, there are no premises for developing a code of
environmental protection in Poland. This situation occurs not only in Poland. It
seems that in the context of EC law it is very difficult to create the national code
of environmentallaw. The solution exercises contemporary in Poland is based on
a model of an act, halfway between a code and a framework act. This kind of
intermediate measure, which can be called a compilation act, was represented by
the Act of 1980 on Environmental protection, which regulated the whole (or
almost the whole) of environmental protection through general principles, and
contains detailed regulation regarding some specific problems, e.g. air and noise
pollution, financial measures, genetically modified organisms, environmental
impact assessment, environmental accidents. To 1997 it encompassed also the
waste management provisions. But contemporary the development is toward
detailed and specific regulation. The Environmental protection Act of 2001 is
going along the same lines. It regulated, besides the basic principles, such matter
as: environmental policy and programming in environmental protection, access
to information, public participation, environmental impact assessments, protec-
tion of quality of environment, protection against emission, major-accident haz-
ards, financial means, legal responsibility and liability and the organisation of
environmental protection.
The second method of internal integration is based on the set of general principal
of environmentallaw which are implemented by a coherent set of legal institu-
tions coupled with the co-ordinated system of enforcement. The discussion on the
general principles of environmental law connected with the discussion on the
problem: is the environmentallaw aseparate branch of law, has in Poland a long
history. The discussion was based on the regulation of the Act on Protecting and
Shaping of Environment of 1980. The principles formulated during the discus-
50 Jerzy Sommer
sion had more ideological e. i. they reflected an ideological option for the envi-
ronment then legal character (J. Boc, E. Samborska-Boc, Ochrona Srodowiska.
Zagadnienia prawne i ekonomiczne, Wroclaw 1989, p. 47-50).
Based on the constitutional provisions and on other acts, particularly the Envi-
ronmental Protection Act of 2001, it can be concluded that contemporary Polish
environmentallaw is based on the following principles:
1) sustainable development
2) integration of environmental protection with all relevant policies
3) polluter pays
4) proportionality
5) prevention and precaution.
The proportionality principle is not only comprised to the environmentallaw but
has the more broader meaning as was presented above. All other principles are
confined to the environmentallaw (J. Boc, K. Nowacki, E. Samborska-Boc, Och-
rona srodowiska. Kolonia Limited, Wroclaw, 2002, 141 ff.). These principles of
environmental law are similar to the principle incorporated in EC law and the
laws of Memberstates. Therefore it is not necessary to present their contents. In
connection with these principle the two remarks may be set forth. The first
remark may be formulated as the question: how is relation of the principles of
environmentallaw to the principles of administrative, financial, civil and penal
law? The norm of the environmentallaw, notwithstanding whether it is aseparate
branch of law or not, belong simultaneously to administrative law (most) to
financiallaw, to civillaw and penallaw. All these branches of law have its own
legal principle. In this context one may ask e.g. on the relation of the precaution-
ary principle to the liability regime of civillaw or responsibility regime of penal
law. The second problem may be posed as follows: are the above mentioned prin-
ciples of environmentallaw really law principles or only the principle of environ-
mental policy? As we analysed the polluter pays principle, one of the oldest, there
is very difficult to point out the subject of this principle (who is the polluter: man-
ufacturer or consumer) and in what legal form(s) the responsibility (pays) is real-
ised. The same is with the precautionary principle. Commonly the precautionary
principle is understood as the principle which states that in cases where there are
threats to human health or the environment the fact that there is scientific uncer-
tainty over that threats should not be used as the reason for not taking action to
prevent harm. But the statement is composed of notion which are highly not clear
(scientific uncertainties, threats, human health and environment). But not only
the notion of precautionary principle is not clear. One may ask who are the sub-
jects ofthe principle: the institutions ofpublic authority (and what) or the private
person (physical or legal). What is real sense of precaution? The answers on the
last question are comprise between two poles: on the one side, there is suggestion
that the precaution means that it is necessary to prevent the dangers which may
occur but we have no sure evidence, that they really will occur (J. Salzwedel,
Rechtgebote der Umweltvorsorge, (in) F. Niklisch (ed) Prvention in Umwelt-
Instruments for harmonizing Polish and EC environmentaI law 51
1. General data
Overall budget: EUR297.9 million
Loan: EUR 118.8 million
Creditor: International Bank for Reconstruction and Development (the World
Bank)
Loan Agreement of: 25 July 2000
Implementation period: October 2000 - July 2004
2. Project objectives
The key objective of the Project is the financial, investment, scientific and prac-
tical support of rural economic development, through:
Generation of new, non-agricultural jobs in the rural areas;
Strengthening of self-govemment structures and the regional development
process; and
Build-up of the institutional capacity required for the management of the EU
funds.
3. Beneficiaries
The Project is addressed to the rural and small (up to 15 thousand population)
township communities. It will be of particular advantage for the users of the mod-
em technical infrastructure developed under the Project, primary school pupils
and teachers, all levels of self-govemment and the large population of the unem-
ployed, farmers and entrepreneurs, who wish to improve their professional skills
and create new jobs.
4.2.1 Education
Expansion and upgrade of schools and school recreational facilities, training for
teachers and principals to improve their professional skills and purchase of teach-
ing aids are among the crucial elements of the component. Combined, they will
better the teaching conditions and edueation levels of the rural youth, which in
the long run should translate into higher levels of edueation within rural commu-
nities and invigorate the rural economy.
5. Project implementation
In order to ensure the effective operation of the Project and a full satisfaetion of
the local needs, the Projeet management has been de-eentralised. Responsibility
has been broken down into local, regional and central. The de-eentralised man-
agement is key for adjustment of the Polish eeonomy and administration struc-
ture to the EU membership requirements. Also, it appears of partieular impor-
tance for promotion of the market-driven, rational management of the scarce
public budgets available for the development of the entire economy. Separation
of the design and implementation functions from those relating to payments has
subjeeted the decision making proeess of the Project to public scrutiny. The funds
available within the Projeet are distributed in a transparent manner, in line with
the applicable procedures.
The EU Rural Development Programme and the accession process 55
5.1 Centrallevel
The National Steering Committee manages the Project at the centrallevel. The
Committee decide on the amount and drawing schedule of the individual
tranches, allocated to the individual voivodships and Project components. The
Committee receive project ranking lists drafted by the Regional Steering Com-
mittees and including the projects eligible for finance from the Project budget.
Lastly, the Committee on-line assess and, where appropriate, revise the Project.
The Committee is responsible for the Project integration with national structural
policy of the rural and agriculture development.
5.3 Regionallevel
Regional Steering Committees
In every voivodship, the Regional Steering Committees determine regional
development priorities and the consequential criteria, applied at the evaluation of
the infrastructure and education-related projects. The Committees manage the
Project funds thereto allocated and co-operate with the Project beneficiaries.
56 Alicja Majgier
5.4 Locallevel
Gminas and powiats
The local units manage local biddings in keeping with the World Bank proce-
dures, execute material supervision of, and audit investment projects under
implementation. The local units are responsible for reporting on rehabilitation
and upgrade of schools, school recreational facilities and the rural infrastructure.
also available to the farmers, who rent rooms, camping yards, provide catering
and other tourist services, even if such business has not been registered.
Microcredits may not be provided for refinance of investment projects started,
nor for those relating to production and processing of tobacco. Borrowers are
required to document their ability to repay the loan with the revenue earned over
not more than 36 months. The one-time fixed asset subsidies are not available to
the persons already involved in business.
Implementation units
The Programme Team of the Pre-accession and Structural Programmes Depart-
ment of the Ministry of Labour and Social Policy is responsible for the supervi-
sion of substance and content of the component implementation. Bank Gospo-
darstwa Krajowego has bee appointed the implementation agency for the
component. The PCU co-ordinates implementation of, and information flows
within the component, in elose co-operation with the Project Team and the
Voivodship Project ImplementationUnits, which are the implementation units at
the voivodship level. Also, the Voivodship Project Implementation Units super-
vise the one-time subsidies.
Microcredits and the one-time fixed asset subsidies will be extended by the serv-
ice providers, selected in each voivodship in a bidding process. The winners will
also provide advisory services to the borrowers.
Advisory and training for the powiat govemment in terms of the design and
delivery
of the programmes, targeted at unemployment reduction and development of
entrepreneurial attitudes.
Beneficiaries
Voivodships selected for the Microcredits component indude: kujawsko-pomor-
skie, lubelskie, ma30polskie, podkarpackie, rewietokrzyskie, warmifisko-mazur-
skie and zachodniopomorskie.
Component beneficiaries:
Unemployed;
Owners of up to 3 notional hectares farms; and
Household members of those referred to above, if the average monthly per cap-
ita income is below the average.
Eligible beneficiaries live in the rural and mixed urban and rural gminas and
small townships (of up to 15 thousand population). The subcomponent does not
cover pensioners and those eligible for the pre-pension benefits and allowances.
Implementation units
The Project Team of the Pre-accession and Structural Programmes Department of
the Ministry of Labour and Social Policy is responsible for the overall super-
vision of the subcomponent. The Team provides technical assistance and moni-
tors the services provided under the subcomponent. The PCU co-ordinates imple-
mentation of, and information flows within the component, in dose co-operation
with the Project Team and the Voivodship Project Implementation Units, which
are the implementation units at the voivodship level.
Services under the subcomponent will be rendered by the service providers,
selected in a bidding process
6.2.1 Education
Assumptions and tasks
The component focuses on improvement of conditions and levels of education in
the primary and secondary schools in the rural areas. Improvement of education
levels of rural school graduates will encourage professional activeness and stim-
ulate employment in the rural areas, hence narrow the economic gap between the
rural and urban areas.
Following will receive financial support under the component:
School infrastructure development projects (rehabilitation and upgrade of
school buildings);
The EU Rural Development Programme and the accession process 59
Observers
Representative of the Program Co-ordination Unit
Director of the Voivodship Project Implementation Unit
Director of the Regional Branch of Agency for Restructuring and Modernisa-
tion of Agriculture
Regional Steering Committee criteria
Criteria of applications evaluation were adpoted by Regional Steering Committe
in consideration of the objectives set for the RDP and Development Strategy for
Lower Silesia Voivodship:
IV Margin investment costs of a projects (in PLN per I user) with ref- (max 5 points)
erence to average of all eligible applications in a given category:
more than 20 % lower than average
5 points
V Margin exploitation costs of a project (in PLN per I user) with ref- (max 10 points)
erence to average of all eligible applications in a given category:
up to 10 % lower than average
11-20 % lower than average opoints
more than 20 % lower than average 5 points
10 points
1. Introduction
Polish political and economical transformation, begun in 1989, has been creating
a modem society, which aspires to become a member of the European Commu-
nities. However Polish democracy is still young and developing our state is
becoming more and more citizen friendly every day. Completely new mecha-
nisms and values have risen during last years. Freedoms of speech, thought,
assembly and of course freedom of information has appeared there. Polish reality
is becoming greener and greener every day. Ecological fashion is more and more
popular regardless of political situation. Our European aspirations and signed
international agreements and treaties have generated completely new legislative
demands. Poland has some political commitrnents followed from Principle 10 of
the Rio Declaration on Environment and Development stressed that "environ-
mental issues are best handled with the participation of all concerned citizens, at
the relevant level" and The UN Convention on Access to Information, Public
Participation in Decision-Making and Access to Justice in Environmental Mat-
ters ("Aarhus Convention"). Relations between Poland and European Union spe-
cially declared in Articles 68 to 70 of the Europe Agreement have initiated proc-
ess of approximating Polish legislation with the acquis communautaire.
Regarding environmental information matters, adoption process concerns Coun-
cil Directive 90/313/EEC on freedom of access to information on the environ-
ment.
All mentioned examples of "soft and hard law" are adopted for better environ-
mental protection actions, especially at locallevel, and actually they have a sim-
ilar common principles. Better information transfer and exchange among stake-
holders stimulates greater awareness about the environment and what can be
done to conserve and protect it. Information access initiates stakeholder aware-
ness, which is the main precondition to improve environment. This is a "cause-
effect relationship" , very important and necessary for development of modem
and sustainable country. Poland also expands and improves the system of public
right for access to environmental information.
The general regulations on the environmental information are defined in the Con-
stitution of the Republic of Poland adopted by the National Assembly on 2nd
April 1997 published in Dz.U. 1997 nO.78 item 483. Article 61 (1) and (2) makes
the general principle of freedom access to public information:
68 Tadeusz Triziszka
"1. A citizen shall have the right to obtain information on the activities of
organs of public authority as weil as persons discharging public functions.
Such right shall also include receipt of information on the activities of self-
governing economic or professional organs and other persons or organiza-
tional units relating to the field in which they perform the duties of public
authorities and manage communal assets or property of the State Treasury.
2. The right to obtain information shall ensure access to documents and entry
to sittings of collective organs of public authority formed by universal elec-
tions, with the opportunity to make sound and visual recordings."
Article 74 (3) refers to environmental affairs directly and makes the following
law:
3. Everyone shall have the right to be informed of the quality of the environ-
ment and its protection.
Poland signed Aarhus Convention and it is declared in act of 21 June 2001 on the
ratification of the Convention on access to information, public participation in
decision making and access to justice on environmental matters ( Dz.U. 2001
no.89 item 970). Current framework regulation was adopted by Parliament on 27
April 2001 as Act of Environmental Protection Law (Dz.U. 2001 no.62 item
627). Access to environmental information is developed in Title I (IV), which is
actually transferred from the first earlier Act of 9 November 2000 on Access to
Environmental Information and Environmental Impact Assessment (Dz.U. 2000
no.109 item 1157). Executive acts for mentioned framework law are following
regulations:
Regulation of the Minister of Environment of 23 February 2001 on the fees for
access to information on the environment and environmental protection (Dz.U.
2001 no.16 item 183),
Regulation of the Minister of Environment of 20 February 2001 on the defini-
tion of a format for the publicly accessible register of data on documents con-
taining information on the environment and environmental protection (Dz. U.
2001 no.15 item 164).
Polish legislation concerned to access to information is very young because it
was started on 1 January 2001. The newest Act of Access to Public Information
was adopted on 6 September 2001 (Dz.U. 2001 no.112 item 1198). Dur law prin-
ciples and specifics are generally common with international and European ones
and they are still developed. The following paper is a preliminary assessment of
this new system. Some results of questionnaires and author's investigations are
presented. Actually the most presented facts refer to the City of Wroclaw and the
Low Silesia Province.
Environmentallaw in practice in Poland 69
2. Theaim
Author intends to present some practical aspects of access to information system
functioning in conditions ofWroclaw and Low Silesia. Law studies and analyses,
in spite of their very interesting character, are completely omitted. Presented
material regards to:
the general environmental information,
information on the environmentallaw implementation.
There are some preliminary assessments and evaluations proposed by potential
system-users, which are the students of Environmental Studies. Short analyses of
official agencies, universities and NGOs activity are also presented. Finally,
author wants to present some Polish recourses available on the Internet.
very very
easy difficult
10% 5%
easy
26%
normal
38%
Presented data have a rather normal distribution; there not too many extreme
opinions and the serious amount of assessments are located in the average
regime. Almost 40% of students evaluated access to information as normal one.
About 5% of group have a really bad experience with geuing information but
from the other hand, 10% had completely no troubles with that. In several cases
the inquirers were obliged to submit some official application from university
authorities. More careful analyse of data distribution within every town group
shows some quite interesting trends. The easiest access to information was in
small town and the most difficult in the big towns. Additionally in big towns,
similarly like in cities, the highest normal level of access to information was
noticed. Of course amounts do not mean a good quality. The general opinions of
information quality are represented by pie chart below (Fig. 2).
Environmentallaw in practice in Poland 71
very bad
very good 4%
8%
sufficient
34%
Similarly to previous data, in this case we also have a rather normal distribution;
with not too many extreme opinions and with domination of average marks. Only
4% of students consider obtained information, as really bad and opposite it, there
are 8% who decided to evaluate their information as very good. Over 80% of stu-
dents declared their information were sufficient and normal. The worst informa-
tion was obtained in small towns and the best ones in middle towns. The most
valuable and rich information regards to water issues - over 60% of sufficient and
very good opinions. The next are wastes and air - over 40% of good assessments.
The information about ground and soil protection was notified as just normal
with almost 40% of average mark. Definitely the lowest quality of information
was noticed regarding noise control - about 20% of the worst opinions. About
37% of respondents declared that quality of information about legislation and
policy obtained from many sources was poor or very bad. Next 28% declared it
was just average. The sufficient and very good quality was marked by 35% of stu-
dents.
General portion of information was collected from administration and other offi-
cial institutions but diagram, presented below (Fig. 3), shows completely differ-
ent sources of information - media and trainings.
72 Tadeusz Triziszka
others
trainings __-r"'_
7%
11%
28%
television
17%
The most respondents used Internet and press sources. Actually these media have
also the best available marks. Almost 65% of student pointed sufficient and very
good quality of Internet information. Press was evaluated as good source by 30%.
The really poor opinion was on television and radio. About 50% (regarding
radio) and 30% (regarding TV) marked that quality of broadcasted environmental
information is very bad. It is a litde bit strange result regarding material presented
in second part of paper.
Finally, students were asked to assess, as objectively as they could, their own
knowledge of the access to environmental information law. They were also to do
the same in the case of clerks and any office worker they met during a project.
Generally results are very similar. About 9% of students pointed that clerks were
unprofessional and they had not known any law, 48% decided that servants knew
the law at average level. The highest marks of very good knowledge were made
by 6%. Regarding themselves 6% affirmed their completely ignorance, also 6%
declared they were very good at this skill. The rest of students took a normal posi-
tion.
Please notice, that all presented data cannot be referred to whole society and
results, discussed in this part, show private opinions of small group of environ-
mental students.
Administration
Polish Access to Information Law makes the official administration responsible
for informing society on the environmental matters. Access can be "passive" and
"active". Generally local and governmental authorities commonly use "passive"
way and it regards mainly to files of administrative decisions. In Wroclaw there
are 2 official institutions obliged to provide some environmental monitoring and
to lead "active" form of informing. They are: The Low Silesian Inspectorate of
Environmental Protection (http://www.wroclaw.pios.gov.pl) and The Low Sile-
sian Statistical Office (http://www.stat.gov.pl/urzedy/wroc/index_eng.htm).
Environmentallaw in practice in Poland 73
water quality on food and health; animal treatment in households and shelters
problems; problems of toxic wastes pouring and contaminated arable lands;
tanker leaks water polluting; renaturalisation; transboundary transport of nuclear
wastes; ecological transport system in Europe and Poland; bicycle promotion;
nature conservation and natural ecosystems damaging; role of trees and middle
field shrubs in natural habitats conservation; "Clean Up the World"; ecological
agriculture versus Polish authorities; report of Polish Environment.
''Po pierwsze rodowisko" (Environment the first)- documentary series (2/
month) about NGO's activity and their impact on administrative decisions; rela-
tions between man and animal; idea of hunting; ZOO functioning; city - natural
habitat of human being; food tradition, explanation of basic ecological vocabu-
lary and eco-terms; timber - ecological clean resource; "Green Lungs of Poland" .
"Naturomania" - the weekly live blocks in Educational Television of idea of
environmental protection promotion, presentation od beauty of nature, natural
resources, discussions with ecologists and researchers, problems publicising ...
Public Television is used to organize special thematic days in Studio. Last year
such special days were dedicated to "Clan Up the World" action and International
"Earth's Day"
Programme 2
- "Arka Noego" (Noe's Are) (the weekly) - eco - educational programme
about environmental protection and animal treatment.
- "Proton" - (the weekly in first half year) popular science programme about
ecology, landscape conservation and proecological attitudes developing and
"Krajobraz Polski" (Landseape of Poland) - ("Proton" continuation in sec-
ond half year).
Wroclaw Regional TY
- "Wielka ziele" (The big green)- 25 min cycle about nature, ecology and ani-
mals.
- "Europa w zagrodzie" (Europe in yard) - 25 min cycle about citizens of
rural areas and farmers' problems, agrotourism issues in context of integra-
tion.
- "Europa tu" (Europe here) - 25 min cycle also about environmental issues
of accession process; programmes of environmental protections zones, eco-
tourism, rivers, water deficit, electricity.
- "Poza miastem" (Out of City) - about people, who want to live closer to
nature.
- "Zbiorniki reteneyjne" (Water storage reservoirs) (Reflektor series) -
functions of reservoirs: flood control, power plant and recreation.
Environmentallaw in practice in Poland 77
5. Conclusions
Material and data presented above and private opinions of every stakeholders
permit to express some preliminary conclusions about access of information sys-
tem in Low Silesia. Of course following attitude is completely subjective and
should be discussed carefully in the future.
Whole system is new and not well implemented in every sector yet; some insti-
tutions are still completely not prepared for functioning;
Administration has to develop system of information more intensively; in
some institutions there's no documents register, yet!
The barrier is lack ofmoney, but good will and intentions could be very impor-
tant and useful; the clerks have to start new acts study immediately;
There a lot of way to get good law knowledge in Wroclaw, both at academic
course and at professional trainings;
Internet and Inspectorate of Environmental Protection are the best public
sources of information;
Internet can't be the only way of information distribution; 5% of governmental
information end users it is too little;
Public TV is powerful tool, which can be used in environmental matters more
efficient.
The first scientific conference dedicated to the issues connected with sustainabil-
ity in agriculture was organised by IFOAM (International Federation of Agricul-
ture Movements) in Sissach (Switzerland) in 1977. In later years, especially in
the 1980s, the concept of sustainable agriculture was extensively discussed and
examined, inelusive of ecological, economic and social aspects.
In 1991 FAO and the government of the Netherlands gave their support to organ-
ise a conference on Sustainable Agriculture and Rural Development, the result of
80 Szymon Szewranski
consumers willing to buy such products. According to the latest reports, the turn-
over of ecological foods amounts to 6 billion USD in EU, 4.2 billion USD in the
USA and 1.2 billion USD in Japan. The sales of ecological food in the whole food
branch in Europe accounts to 1.5% (2.5% in Denmark) and the tendency is stead-
ily growing, by up to 40% in Great Britain, Switzerland, Sweden and Denmark.
Ecological products in the majority of countries are available and commonly sold
in ordinary foodstores. In Italy, Germany and France there are also groceries
specialised in selling ecological food products. In Austria, Great Britain, the
Netherlands and Switzerland people can buy ecological food also in supermar-
kets, that is places most commonly visited by food buyers [Komornicki &
Lorentz, 2000; Metera, 2000; Liro, 2000].
The percentage ofPolish ecological food products on our domestic market is very
low. Even certified products are sold as conventional foods, however, shop own-
ers are interested in attracting their consumers with fresh vegetables, fruit, dairy
products and bread. Farmers sell their products on farms and green-markets, or
deliver them to their customers' homes.
Export of Polish ecological food products has just started to develop. There are
only a few exporting trade groups fruit (especially blue and red-berries, strawber-
ries and wild-growing fruits) destined for processing. The reason for underdevel-
oped export of ecological food products from Poland is a small number and
small-sizes of ecological farms in our country [Komornicki & Lorentz, 2000;
Metera, 2000].
group belong mainly rural dwellers, pupils of secondary schools and those com-
ing from low-income families. The other group consists mainly of young urban
society, students in their final years of study and young people whose family
income is high. Young females indicate such advantages of ecological food as:
safety, high nutritive value, and environmentally-friendly packaging, while their
male peers, especially those living in cities are more sensitive to advertising and
slogans. These are marketing factors that may prove to be efficient in attracting
young people to buy ecological food and focus their attention on eco-consump-
tion [Cichocka & Pieczonka, 2001].
In order to achieve success on the market, it is important to guarantee the con-
sumers that the food products they are offered will meet their expectations. It is,
therefore, important to have anational certification system based on the Ecolog-
ical Farming Act, in compliance with acquis communitaire of the European
Union. The domestic market can develop better and faster provided that legal reg-
ulations are introduced and the food quality control system guarantees food
safety to the consumer. The unification of law, quality assurance and institutional
building in line with EU standards are major factors that must be taken into
account if Polish exporters want to seIl their food products to EU member states,
associated countries and CEFTA.
It is worth noting that social aspects of sustainable agriculture are still underesti-
mated in Poland. It is obvious that integration of Poland into EU will bring about
necessary changes and a number of rural dwellers will have to give up agricul-
tural production in favour of non-agricultural sources of income. Since ecologi-
cal farming is more labour-consuming than traditional farming and bearing in
mind the fact that the demand for ecological food will be growing, it seems quite
likely that this will be the way to keep employment for some rural dwellers, espe-
cially women, who will take on jobs in agrotourism, regional traditional food
processing and sales of food products, attracting in this way holiday makers in the
countryside. This policy of employment has been accepted in EU, as it is in line
with multifunctional rural development [Komornicki & Lorentz, 2000; Metera,
2000; Liro, 2000; Wawiernia, 2001].
immune system and life-expeetaney. For these reasons, when human needs in this
respeet are satisfied, people are also positive about the quality of life [Gibasze-
wska, 2000].
The term "food quality" refers to food appearanee, sensorie value (texture and
flavour), suitability for use in proeessing and eommereial value of the produet
(shelf-life, eondition due to transport and handling, suitability for storage). Food
quality is also associated with the nutritional value and ehemical eomposition of
the produet, eonsequently eonneeted with bioehemieal proeesses.
The meaning of food quality today, when modem, advaneed teehnologies are
used in food industry, is of partieular importanee. Similarly to farming praetiees
and erop yields, the value of the finished produet is evaluated in eeological terms
(whether or not the produetion is environmentally friendly), with respeet to ethi-
eal value (whether or not non-permissive praetiees or ehemieals have been used
for eeonomie benefits), social expeetations, adequate resouree management and
environmental proteetion. Moreover, the political aspeet is assessed (whether the
demand for the produet is not dependent on e.g. neoeolonialism) [Gibaszewska,
2000; Trziszka, 2000].
Reeent aehievements and dissemination of the results highlighting the relation-
ship between low quality food produets and inereasing number of diseases
eaused by polluted environment have improved people's awareness of food
safety and also its interaetion with eeologieal safety [Gibaszewska, 2000].
Today, eonsumers are eoneemed about food safety, sinee it is eonsidered to be the
equivalent of healthy food [Sotysiak, 1993]. The funetional relation between
nutrition and health seems to be of erucial importanee in defining healthy food.
Healthy food eombines sueh qualities as: nutritional and sensorie values, and
above all, guaranteed high biological value and safety.
Proteetion of healthy food produets and food safety requires legal regulations
eomprising the entire eycle of produetion, starting from raw materials, through
produeers and manufaeturers, ending up with the eonsumer.
Aeeording to WHO, food and nutrition poliey is a eohesive system of goals and
aetions aiming at ensuring health through aeeess to safe food produets.
So far, the term "safe food" has not been unanimously defined, but it is well-
known that it includes several eomponents and differenees in threat gradation.
In literature, food safety is synonymous to healthiness and it is measured with ref-
erenee to: nutritional value, physical, ehemieal and mierobiological eontarnina-
tion and sensorie value.
Food safety ean be determined by measuring food eontarnination with respeet to:
Type and number of ingredients
The presenee of heavy metals, pesticide residues, veterinary drugs, hormones
and their metabolites, radionucleides, ete.
84 Szymon Szewranski
Mierobiologieal eontamination
Physieal purity (the presence of foreign, solid substances or their fragments
[Sobolewska, 1996].
Development of new formulation and demand for food safety in the past has
resulted in elaboration and implementation of the following practices:
good manufacture praetice (GMP),
good laboratory practice (GLP),
hazard analysis critical control point (HACCP),
quality assurance practice (QAP).
The 4 methods mentioned above are in line with the models of quality assurance
aecording to ISO 9000.
It is worth noting that food safety requirements are also included in the Food
Code of FAOIWHO (Codex Alimentarius), and although their use in practice is
only recommended, in some countries they are mandatory [Sobolewska, 1996].
Although it is obvious that anlalysts, dieticians, toxieologists and other research-
ers have been very successful in their studies on the quality of food products and
foodstuffs, it seems justifiable to see the whole issue more widely, taking into
account also the systems of breeding and curing methods. It was Hypocrates
(470-377 B.C.), the father ofmedicine, who understood food consumption in this
way, saying that: "Foods can be medication and medication can be food".
The fitness and soundness of human body is a result of adequate diets containing
nutrients of high biological value, today known as exogenous regulators of met-
abolie proeesses. However, the observations carried out in the last decades have
proved that changes in food quality have often been causes of health problems
and many diseases referred to as civilization diseases. As has been proved, about
60% of the diseases is directly or indireetly eonneeted with nutrition. For exam-
pIe, life expectancy of farm animals fed coneentrated foodstuff containing syn-
thetic compounds is shorter and resistance to diseases is lower as compared to tra-
ditionally fed animals. According to Sotysiak [1993], the life expectancy of cattle
is reversibly proportional to the use of N rates in farming practices.
The phenomena mentioned above can be associated with soil degradation and
changes in agricultural technologies, such as decreasing biological value of food
products resulting, among other things, from the use of chemicals in agriculture.
Food contamination with chemical ingredients during processing, refining, and
preservation may be hazardous to human health and subsequently lead to the
development of civilization diseases. For example, in Germany annual eosts of
medical treatment of people suffering from diseases caused by improper feeding
diets amount to 100 billion DM and prove that both eating habits and diets of the
German people are far from satisfactory [Binder, 1993; Niederauer, 1994].
Ecological food production in Poland for the EU market 85
According to the data published by the American Food and Drug Administration,
an average inhabitant of a well-developed country consumes about 2.5 kg of
chemical compounds. The list of standard food pollutants is long - from heavy
metals through pesticides, nucleides, nitrates, nitrites, and finally metabolites, the
action of which still remains unknown, but as has been proved, they are a major
threat to human health [Sobolewska, 1996].
In recent years, the consumers have been offered genetically modified food
obtained with the use of genetically modified microorganisms. This type of food
is not accepted by over 70% of the German population.
Another issue, which still remains unsolved is connected with the use of such
ingredients as: sweeteners, dyes, aromas, emulsifiers, etc. Moreover, the use of
substituents for saccharose, such as cyclamates, saccharin or aspartame is ques-
tionable, considering their mutagenic activity [Oreszczenko, 1995; Sobolewska,
1996].
According to FAOIIEAEJWHO reports, irradiation of food - a method used for
prolonging the shelf-life does not have any harmful effects nor does it reduce the
nutritive value of food products. The results of studies show that the doses around
10 kGy do not decrease protein, carbohydrate and vitamin concentrations. In
spite of this, the reaction of consumers to irradiated foods is absolutely negative
[Diehl & Josephson, 1994].
The studies of food safety in recent years have also been concentrated on food
enrichment with natural ingredients, especially polyunsaturated fatty acids, vita-
mins, proteins and minerals.
In the USA, a significant increase has been noted in the consumption of food
products enriched with vitamins, fiber, macro- and microelements, and also nat-
ural antioxidants [Solan, 1995].
Recently, a new type of food products, referred to as functional food or nutraceu-
ticals have appeared and started to be used for medication purposes. Its popularity
has been growing for the last decades, which could be seen at food fairs and on
trade markets. Some attempts have been made to give a definition of this type of
food. One was presented in 1998 in Banf (Canada) during Food Symposium,
another one was presented by the Ministry of Health and Social Care in Japan
[Trziszka, 2000].
A nutraceutical- is a food product or its constituent which can be used for med-
ical treatment or prevention of a disease. Nutraceuticals are those foods that pos-
sess some specific functional properties, e.g. dairy products, some types ofbread,
cereal, fruit and vegetable products containing polyunsaturated fatty acids and
fish oils.
Functional food is beneficial for human health because of its ingredients com-
position based on the knowledge of interactions between food, its ingredients and
human health. Moreover, functional food is safe and improvement in health con-
dition is expected after its consumption [Heasman, 1997].
86 Szymon Szewranski
Functional foods can additionally be enriched with natural aromas and other sub-
stances improving their organoleptic value and functional properties.
In Europe, it is the method of hazard analysis critical control point (HACCP),
which is in line with EU Directive 93/43 of 14 January, 1993 that ensures food
quality and safety. Since 1995 it has been in force in EU member states, so for
food producers and manufacturers in those countries must meet the requirements
[Sobolewska, 1996].
The integrated system of quality control according to ISO 9000 and HACCP
seems to be an effective tool for food quality assurance, which has been taken up
by food companies not only in EU member states, but also other countries in the
world to help control the food production process.
HACCP is usually part of a wider quality assurance program, which means find-
ing out where the serious problems occur or may occur, monitoring these steps,
so that it is known if there are problems and fixing any problems that arise. In this
way, HACCP will increase employment and education and training costs, but this
will be beneficial for the consumer, considering food quality and safety assurance
[Sobolewska, 1996].
It is worth noting that there is growing interest of researchers in functional foods.
In 1993 the financial support for research projects in this field came from of food
companies (55%), pharmaceutical companies (35%) and biotechnological indus-
try (93%) [Rutkowski, 199; Janicki, 1999; Kozowska & Troszczyska, 1999].
Both the food safety and nutritional value of the products are taken into account
when health aspeet is assessed. The two qualities are more or less eonnected with
mierobiological quality of food, shelf-life, sensoric acceptance and dietetic value
(Fig. I) [Kooyn-Krajewska & Libudzisz, 1999]. From mierobiological point of
view, food safety is measured with regard to the presenee of pathogenic and toxie
microorganisms and their quantities in food products.
Summing up, the complexity of the issue connected with health of communities,
with regard to food safety, should be considered with respect to:
1. Chemical contamination with toxic substances,
2. Microbiological contamination.
When either type of contamination mentioned above is revealed, it seems obvi-
ous that some errors must have been made during the production cycle, or it is the
dishonesty of the producer or manufacturer that has caused the problem. This
often leads to the occurrence of moulds and mycotoxins (foods of plant origin)
and trichinosis or infectious diseases (animal food products).
Food safety is closely connected with antioxidative potential. As has been
proved, the antioxidative capability of serum and many mammalian tissues is
highly correlated with antioxidative potential (Fig. 2). Similarly, the results of
extensive epidemiological studies also indicate a high correlation between die-
tary habits and aging diseases, including cancer. The presence of antioxidants in
food products can delay or even prevent the occurrence of these diseases.
The antioxidative defense system in a human being is the strongest, hence the
longest is life expectancy of people. For this reason, it seems quite obvious that
people should care what they eat if they want to live longer. There are many pos-
sibilities to improve peoples' diets [Macura, 1999]. It is very important to have
food containing such antioxidants as: carotenoids, tocopherols, ascorbates, flavo-
noids, phosvitin, etc. In well-developed countries, where life expectancy is long,
a lot of attention is directed to the presence of these compounds in food products.
Antioxidants are also very important in prevention of human and animal diseases.
20
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0
0 20 40 eo 80 100 '20
LlFE EXPECTANCY [years]
References
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Jako, 6, 4(21) 7-19
17. Solan A.E., 1994: Prevents disease! Tastes geatL Food Techno!. 48, 8, 96-98
18. Sobolewska M., 1996: G6wne trendy w ksztatowaniu jakoci zdrowotnej i bezpieczestwa
ywnoci. Materiay SGM, Kolegium Zarzdzania i Finans6w. Warszawa.
19. Sotysiak U., 1993: Rolnictwo ekologiczne- Historyczny przegld metod W: Rolnictwo
ekologiczne od teorii do praktyki. Stowarzyszenie Ekoland, Stiftung Leben und Uni-
welt, Warszawa 13-22,23-28.
20. Trziszka T. 2000. Postp w produkcji ywnoci bezpiecznej w aspekcie ekologizacji roln-
ictwa i obowizujcych standard6w europejskich. Mat. Konferencji "Rozw6j rolnictwa
ekologicznego w aspekcie integracji z Uni Europejsk" Wrocaw-Porby 2000, 45-55.
21. Tyburski j., 1993: Kolizje ekologii z ekonomi.W: Rolnictwo ekologiczne od teorii do
praktyki. Stowarzyszenie Ekoland, Stiftung Leben und Uniwelt, Warszawa 13-22,
88-93.
22. Wawemia W. 2000. "Rolnictwo ekologiczne - uwarunkowania organizacyjno-prawne i
finansowe". Fundacja IKCN. Mat. sem, Sejm RP. 03.03.2000.
Organizational and legal instruments
available to public authorities
for the protection of the environment
Marek Zygadlo
similar legal situation exists in the case of the Minister of Agriculture and Rural
Development6 . Pursuant to regulations adopted on the same dates he is responsi-
ble for matters relating to plant production, crop plants protection, seed produc-
tion, animal production and breeding, animal health protection, supervision of
the health quality of food products of animalorigin, control of the trade quality of
agricultural food products, agricultural food products processing, agricultural
market regulation mechanisms, chambers of agriculture, trade unions grouping
farmers, inland fishery, the protection of land intended for agricultural purposes 7 .
In general, the activities of the two Ministers in the area of environmental protec-
tion have the following aspects:
1) normative,
2) decision making,
3) supervisory, regulatory, co-ordinatory,
4) programming,
5) opinion forming,
6) organizational,
7) technical.
The organizational and legal position of the two Ministers is similar to that of
other ministers, including those who may influence environmental protection, i.e.
the Minister of Infrastructure and the Minister of Health8 .
The agencies and organizational units subordinated to or supervised by the Min-
ister of Health include, among others: the Chief Sanitary Inspector, the Chief
Pharmaceutical Inspector, the Pharmaceutical Reserves Agency in Warsaw, the
National Hygiene Agency in Warsaw, the Regional Blood Donation and Haemo-
therapy Centres (21), and specialist institutes (15)9.
Of considerable importance to environmental protection are the central govern-
ment administration bodies. Their effectiveness is determined by their powers
and degree of specialization. Although they may not issue any regulations, their
role is sufficiently important to deserve amention: the Polish Standardization
Committee, the President of the Chief Mining Office, the President of the Chief
Atomic Agency, the Chief Veterinary Surgeon, the Chief Inspector of the Agri-
cultural Food Products Trade Quality, the Chief Inspector of the Seed Production
Inspectorate, the Chief Inspector of Plant Protection, the Commander-in-Chief of
the National Fire Services, the Chief Sanitary Inspector, the Chief Pharmaceuti-
cal Inspector, the Chief Environmental Protection Inspector, the Chief Nature
Conservator and the General Conservator of Historical Monuments 10 .
10 The Government Administration Sectors Act of 4 September 1997, uniform text Dz. U.
1999 No. 82,ltem 928 as amended.
11 The Constitution ofthe Republic ofPoland of2 April 1997.
12 The Poviat Self-Government Act of 5 June 1998, Dz. U. 1998 No. 91, Item 578 as
amended.
13 The Voivodship Self-Government Act of 5 June 1998, Dz. U. 1998 No. 91, Item 576 as
amended.
14 The Government Administration Sectors Act of 4 September 1997, uniform text Dz. U.
1999 No. 82, Item 928 as amended.
15 The Act of 24 July 1998 Establishing a Three-Tier Territorial Division of the Country,
Dz. U. 1998 No. 96, Item 603 as amended.
16 The Government Administration in the Voivodship Act of 5 June 1998, Dz. U. 1998
No. 91, Item 577 as amended.
17 Dz. U. 2001 No. 62,ltem 627.
94 Marek Zygadlo
At the poviat level the unification of administration is reflected in the fact that the
poviat management board carries out its tasks by means of the poviat starost
administration, managers of poviat services, inspections and agencies, as well as
poviat organizational units. At this level the unification principle ensures consid-
erable efficiency of the implementation of the environmental protection law.
Also non-central non-joint govemment administration bodies should be men-
tioned here. The 1998 reform reduced their number significantly and shifted their
powers, but they still have an important role to play. The agencies which were left
in the sphere of environmental protection by the Govemment Administration in
the Voivodship Act of 5 June 1998 18 include: the directors of the Regional State
Forests Directorates, the President of the National Water Management Board,
Directors of Marine Offices, Directors of District Mining Offices and specialist
mining offices, the Chief Inspector and inspectors of technical supervision of sea
navigation, managers of the Inland Navigation Inspectorate, the President of the
Agricultural Market Agency and the bodies subordinate to him l9 . Furthermore,
the previously existing inter-departmental supervisory bodies preserved their
non-joint status.
Amention should also be given to some environmental protection bodies which
have an opinion-forming and advisory function:
1) The National Nature Conservation Council assesses nature conservation,
expresses its opinion on draft legal acts, presents its motions and opinions on
nature conservation, evaluates research projects and popularizes nature con-
servation. The Council is attached to the Minister of the Environment. There
are also Voivodship Nature Conservation Councils attached to voivods and
National Park Councils. The National Nature Conservation Council includes
scientists, practicians and representatives of social organizations. Council
meetings are attended by the Chief Nature Conservator. In order to act more
effectively the Council may set up ad hoc committees. The Council's term of
office is three years 20 .
2) The National Environmental Protection Council is an advisory organ of the
Minister of the Environment. The main task of this 30-member-strong body is
analysis of various environmental issues, with a particular emphasis on the
implementation on the sustainable development principle. Its mIes of proce-
dure and organization are determined by resolution of the minister responsible
for environmental matters and its term of office is five years 21 .
3) The National Committee on Environmental Impact Assessments and Voivod-
ship Committees on Environmental Impact Assessments are opinion-forming
The resourees of the National Fund are also spent on supporting the produetion of
teehnieal equipment and eontrol-and-measuring deviees used in the area of envi-
22 Ibidem.
23 Dz. U. 1998 No. 155, Item 1014 as amended.
24 The Environmentai Protection Law Act of 27 April 2001, Dz. U. 2001 No. 62, Item 627.
96 Marek Zygadlo
Abstract
The forthcoming eastward enlargement of the European Union (EU) will funda-
mentally change the priorities of environmental policy and environmental pres-
sures within the entire area. Regarding the need for environmental and political
action in shaping the enlargement, there is a deficiency of political strategies
within the environmental field to adequately cope with the various dimensions
of this change. The goal of this paper is to discuss three central environmental
sector problems related to the easterly enlargement: (1) institutional capacities of
the accession states to deal with the enlargement, (2) potential environmental
risks from adopting the Common Agricultural Policy in accession countries, and
(3) the developmental differences in rural areas in the accession countries.
As long as the candidate countries enjoy special non-EU adopted rights in the
environmental sector, the entire EU is unlikely to agree to open their economic
market to them. During the phase of pre-accession the accession states of the
Central and East European (CEE) countries must adopt EU laws as completely as
possible. Yet they have neither the required administrative capacity nor long
standing tradition concerning the rule of law.
For these reasons the accession states will require a long period of time in order
to build up an effective and efficient public sector (Table 2). This process of EU
enlargement is associated with substantial social and environmental reforms,
potential risks and associated costs. The CEE countries themselves will have to
carry a large portion of these costs, most of which will arise before enlargement.
The costs associated with the creation and implementation of the environmental
acts will undoubtedly be very high for the candidate countries, the European
Commission estimates that the total cost will be around 100 billion Euro. The
candidate countries are obliged to carry out this investment at a time when they
are undergoing a complicated process of economic transformation. The citizens
may find it hard to accept the economic effects that will result from the changes
associated with accession preparations.
Table 3. Influence of enlargement on driving forces and environmental problem areas in the
EU: Assessment of economic developments and driving forces (energy, transport, and agri-
culture)
__-------~:::::=--..c::::::..--------_=::::: Denmark
Germany
: - - - - - - - - - - -_ _ Poland
---------------~~~::~::::~~~;:::::::====_
_______
SWeden
Finland
~==~~:::~==~::: Lithuania
EatvistQania
-Russia L
During the 1990s agriculture in CEE countries was mainly extensive and the
dominant land-use pattern in rural areas. However, with the accession in the EU
land-use patterns will likely shift. Extensive agriculture will diminish and the
agricultural pressure on the environment through intensification will increase.
108 Michael Schmidt I Harry Storch
In the first years of the transition period independence movements in several CEE
states had a strong connection to nature conservation and environmental protee-
tion (Table 8), hence environmental protection was high on the political agenda.
This has shifted considerably, now nature conservation is restricted to cases
where development projects have an overriding public interest. For instance
could infrastructure development projects (co-financed by the EU Instrument for
Structural Policies for Pre-Accession (ISPA)(EC 2OO1c)) lead to habitat and land-
scape fragmentation because, currently in the candidate country, economic devel-
opment is the first priority. As people experienced problems merely surviving
during the transition period, social problems such as unemployment are seen as
priorities; a healthy environment and rich biodiversity are often seen as a luxury.
Table 8. International Designated Areas and National Parks in Danube Space Core Coun-
tries
I
Austria Bulgaria IRepublic
eUCh. IHungary IRomaniaJ Slovakia ISiovenia
Si te
Number 0 2
I ~ I
I 0 1 1
Area (1 OOOha)
Wetlands
0 I 41
I 0 I I
(RAMSAR Convention sites)
Number 9 5
I
I 3~ I
I 7 I
Area (1 OOOha) 103 I 3
19
150 647 I 26 I I
In the agricultural sector, environmental restrictions on land use are more and
more seen as purely limiting ofthe owner's rights. Exacerbating the problems is
the fact that the restrietions are often poorly implemented and enforced. In the
agricultural policy of CEE countries the concept of sustainability is used without
a concrete and operationalised definition. The integration of agricultural profits,
social benefits and nature conservation has yet to be accomplished in their policy
nor has it reached the decision-makers in agricultural institutions and the under-
standing of the general population
112 Michael Schmidt 1 Harry Storch
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The adoption of the acquis communautaire
in environmentallegislation
in the accession countries - examples under
German co-ordination
Bettina Fellmer
The overall co-ordination of the project is done by two project leaders, normally
high ranking functionaries from the project leading administrations in the MS
and in the CC. Specialist expertise is provided by short term experts from the MS
who travel to the CC for specific purposes.
Up to this year Twinning projects had been limited to ten EU accession countries:
Estonia, Lithuania, Latvia, Poland, Czech Republic, Slovak Republic, Hungary,
Romania and Bulgaria. As of this year the programme has been extended to
Malta and Cyprus, Turkey will follow. Institution building will be supported in
former Yugoslavia and Albania and NIS countries from this year on as weIl.
Germany is involved in about one third of all ongoing Twinning projects so far
either as lead or as junior partner, and therefore the member state most involved.
The German commitment is focused on Poland, Bulgaria, Slovak Republic,
Czech Republic and Hungary.
CV's. In Germany the Lnder (states) playa main role in the provision of
experts as the implementation of laws normally takes place at this level. The
main actors from the CC have to be named as well.
The budget breakdown: the work schedule has to be processed in a budget
breakdown according to strict eligibility rules laid down by the EC in a so
called "Twinning manual".
As the covenants form the most important basis for the project implementation,
all parties, i.e. the MS, the CC and the EC Delegation have to give their agree-
ment and approval by signature.
Once it has been approved by all sides the project is ready to start. The PAA
moves to the CC for the duration of the project and the different activities of the
project will be implemented. A Steering Comrnittee formed by the Project Lead-
ers, a representative of the EC Delegation and others monitors the project
progress. Changes to the Covenant are possible, however they have to be pro-
posed in a formaHsed way and have to be accepted by the three contract partners.
Regional development
Preparation for the Structural Funds
Traffic
Institution Building in general
Preparation of big infrastructure projects
Currently the following projects are carried out under the responsibility of the Gerrnan Fed-
eral Ministry for Environment, Nature Conservation and Nuclear Safety:
shops
- implementation of SEA I directive workshop on how to implement SEA directive
Study tour to Spai n and NeLherlands (authorities imple-
meming Water Framework Directive)
Improve Information Flow install IT system
tuition for officiaJs by Bavarian Administrati ve School
OBJECfIVES CONTENTandACTnnTIES
Co-ordination Kick-off Meeting
Analysis of current situation
- EIA implemenlalion analyse two existing case studies (Svil, Bratislava)
Slovak expert and PAA elaborate handbook on EIA
EIA of a pilot ISPA project
EstabUsh Information Syst.em for develop four modules (Effeets, Documentary Centre. Pub-
EIA lie. GIS )
workshop on Info system
Train Siovak starr on EIA Train the trainers (25 uni versity and SEAgeney taff pre-
pared to train bureaucralS on EIA)
work hop wilh future trai ners
develop training programme on SEA
2 workshops on SEA and EIA procedures each
study tour to germany to see EWSEA in praclice
Publ.ic awareness campaign seleet service contractor for eampaign
support in designing brochures...
project against other MSs was a fruitful- sometimes very new experience. How-
ever in times of a tense financial situation in the public sector and ongoing admin-
istrative reforms it is rather difficult to give room and capacity to new tasks. So
most of MS participating in the Twinning business chose to outsource the time
consuming tasks of project and financial management and concentrated on the
project leadership. In Germany project managers from several bigger and smaller
companies are specialised to offer support in this form of project management.
One of them is the GfZ (Deutsche Gesellschaft fr Technische Zusammenarbeit
GmbH). GfZ is a company owned a 100 % by the German Govemment. GfZ has
organised the main part of German technical assistance for developing and tran-
sition countries in all continents for more than 25 years. Based on this experience
and a broad existing network in middle and eastem Europe the GfZ Twinning
Office was founded in Berlin as a unit working independently from the GfZ
Headquarters which is based in Eschbom (elose to FrankfurtlMain). So it is elose
to the head quarters of almost all Federal Ministries. Offering specialist knowl-
edge to almost every field ofEU-legislation the GfZ Twinning office is in charge
to support the German Federal Ministry for Environment, Nature Conservation
and Nuelear Safety in a big number of its projects plus overall co-ordination
tasks.
But why is it advisable to develop this specialised field of project management?
It is necessary because there is a load of work behind the experts' work on loca-
tion that makes a project run:
The GfZ support starts when a ministry has decided for an application and the
proposal has to be prepared. First of all the ministry is to be supported to find an
adequate PAA candidate. Once he or she has been selected he has to be prepared
for the application. So the "idea of Twinning" and the meaning of a project fiche
has to be explained as well as the EU procedures and last but not least the finan-
cial terms. Ideally the acting project manager or his company has already some
experience in the Twinning business that he can offer some advise in the general
strategy on how to draft the proposal. The project manager supports the concep-
tion of the proposal. Depending on the initiative of the others involved this varies
from editing to the complete preparation. Additionally he will prepare the pres-
entation of the proposal in the CC.
Once the project has been won the preparation of the Covenant starts. In elose
co-operation with the designated PAA the project manager will structure the
project and define the objectives according to the requirements of the project
fiche and the current requirements of the CC project partner which are to be ana-
lysed and up dated as the very first step. Out of these the activities will be devel-
oped. Adequate short term experts will be recruited and their secondment and
conditions from their horne administrations have to be negotiated. The project
plan has to be transferred into a detailed budget plan according to the rules of the
Twinning manual. Most of the activities are being divided between PAA and
project manager (entweder immer klein oder immer gro!) taking into consider-
122 Bettina Fellmer
ation the personal focus of the PAA. The idea is to give support where it is
needed. Only the budget plan is almost always prepared by the project manager
because it requires very specialist knowledge that can not be expected to be
acquired by a PAA only for one project.
Parallel the conception of the project plan has to be co-ordinated all the time with
the CC project partner. If there has to be a consortium formed because other MS
countries are involved as junior partners the conception of the Covenant but also
the preconditions of co-operation have to be co-ordinated.
Once a common Covenant proposal has been agreed upon, the co-ordination with
EC Delegation in the CC and the Twinning Steering Committee in Brossels starts.
Several to-ing and fro-ing are necessary to reach a version ready to be approved
by the European Commission.
In an ongoing project the services of the GTZ Twinning Office can vary again
according to the requirements of the PAA. One key function might be to represent
the interests of the Project Leader and to monitor the whole project process ..
The organisation of missions is supported by the project management as well as
the overall financial management. This includes among others the invoicing
with the EC Delegation, the accounting of a project, changes in the budget and
the payment of the expert missions. These tasks are very important and are mon-
itored by independent auditors. They have to be carried out very carefully in
order to meet the requirements of the EU accounting roles.
Additionally, the GTZ is acknowledged as "Mandated Body" by the European
Commission and therefore allowed to initialise and implement Twinning projects
on its own representing a governmental organisation.
Further the GTZ Twinning Office gives overall support to the German National
Contact Point for Twinning situated in the German Federal Ministry of Finance
and other Federal Ministries.
6. Experience so far
There had been approaches to evaluate the Twinning instrument from different
perspectives (see e.g. the 'Twinning in Action' brochure of the EC). Below some
impressions from setting up and implementing a project from the Member state
view are mentioned:
The most challenging task in the preparation phase is to identification and selec-
tion of a technically and personally suitable PAA candidate. Besides a long-
standing experience in the specific area of work he or she should meet further
requirements such as openness for new experiences, willingness to leam and to
accept cultural differences and good English language skills. He or she should be
motivated in playing an active part in managing the process of accession. This
includes the interest in collecting experience in an international surrounding and
the development of the own personality.
Adopting the Acquis Communautaire in Accession Countries 123
Onee a eandidate has been found, his home administration has to approve his
engagement for the duration of the projeet. At this point often new obstacles arise
due to a very restrietive policy of some administrations in seconding experts. In
times of administrative reforms and rationalising in all levels it is difficult to
renounce for a year for an experieneed person. Potential candidates often hesitate
because it should be recommendable not to leave the post once aehieved. Unfor-
tunately it is often not recognised the advantages both the home administration as
well as the PAA candidate can gain from an experience abroad.
In the implementation phase the Candidate Country is obliged to give an input to
the project. Ideally during the Covenant phase the counterparts for the PAA and
the short term experts have to be named. This is often difficult, because the CC
administrative structure and capacity are not yet that specialised as the MS struc-
ture. Often neeessary tasks are allocated to one person in the CC for which you
will find several specialists in the MS. Obviously, this causes time constrains.
While the PAA is free to do his job in the CC and the MS experts are available all
day once they are on mission the CC experts have to manage the Twinning
projeet parallel to their daily work. This often causes conflicts.
Often the aim of the project is to train the regional level for the implementation
of the specific project topic. Then normally seminars are organised by the PAA
and the CC Project Leaders. One obstacle is that regional administrations are not
always able to finance the travel costs for their experts allowing the participation
in seminars. The other was round: When the MS experts on the other side travel
to the regions there often arises a language barrier, because a communication in
English will not be possible.
A Twinning project is complex in structure, comprising regular meetings with
different parties from different countries, working levels and working contexts in
a strictly limited time period. The CCs have different working rhythms and holi-
day behavioUT. Therefore it should not be underestimated the ehallenge of time
planning and co-ordination which occurs in most cases. Of all this the PAA is in
charge, because he is the interface between all groups involved.
7.0utlook
The number of Twinning projects is still increasing. The project titles tendered by
the CC tend to concentrate on certain topics where the accession negotiations are
not yet finished. Although the accession to the EC is expected for most of the can-
didates by the end of next year it is very probable that the twinning instrument
124 Bettina Fellmer
will be applied even after accession to strengthen the administrations for the new
tasks.
Based on the model ofTwinning there had been launched an Institution Building
Partnership Programme with the NIS countries Russia, Ukraine, Armenia and
Georgia to support the administrative reforms in these countries. For the Balkan
States similar plans are published.
Sources
Bundesministerium fr Umwelt, Naturschutz und Reaktorsicherheit, 2002, Twinningprogramm
der EU-Kommission, http://www.bmu.de/europa/fsetI024.php
GfZ Twinning Office, 2002, GfZ Twinning Office, http://www.gtz.de/twinning-buero/englishl
The European Commission, 2002, Pre-Accession Assistance for Institution Building - Twin-
ning, http://europa.eu.intlcommlenlargementlpas/twinning/index.htm
Twinning in Action, brochure of the European Commis si on, Enlargement Directorate General,
October 2001
Twinning as an instrument for implementing
the principles of ecological planning
in the countries of Central and Eastern Europe
Marianne Badura
1. Basics
According to Article 49 of the EU Treaty every European country can apply for
the membership in the European Union if it respects the principles of freedom,
democracy as well as the Human Rights, freedom and the rule of law. This has
been the basic assumption during the past 12 years in the negotiations for acces-
sion with 12 Candidate countries from Central and Eastem Europe (CEEC). The
most recent resolution taken during the EU summit in Copenhagen to grant
accession to these 12 countries by January 1SI, 2004 by now successfully closes
the biggest enlargement procedure in the history of the European Union.
The negotiations for Accession have been done for every chapter of the European
legislation, the so-called Acquis Communautaire, as the implementation of the
European laws, standards and procedures is the main condition for accession. For
the Chapter 22 Environment, transition periods have been agreed upon with
every Candidate Country with regard to the fulfilment of requirements resulting
from all Directives and regulations of environmentally relevant sectors. Due to
the strongly varying economic and social starting conditions in the different Can-
didate Countries, the duration of transition periods agreed upon differ according
to the situation in every country.
The middle and long-term goal is the harmonization of the legislation and of the
living standard in all CEE countries and also in comparison to the EU Member
States. One instrument to support the process of harmonization of legislation and
the strengthening of the corresponding administrative capacity and procedures is
the so-called Twinning programme of the European Union.
On the one hand its objective is the implementation of the Acquis commun-
autaire, on the other hand it aims at strengthening the process of institution build-
ing and the strengthening of ,human capital' in the Candidate Countries. Another
effect which is strongly desired is the establishment of long-term relations and
co-operation between the involved administrative bodies in both countries.
Twinning projects have been implemented since 1998. The project contents
result from the catalogue of requirements out of Chapter 22 Environment for the
harmonization of legislation. In a second step changes in the administrative sys-
tem of the corresponding country become necessary in order to fulfil the regula-
tions of the Acquis communautaire.
126 Marianne Badura
2. Procedure
The following actors are involved in the implementation of the Twinning pro-
gramme:
The EU Commission in Brussels acts as supervising authority and co-ordinates
the project contents as well as the financing of the projects and the interaction
with other EU programmes like PHARE, SAPARD, etc.
The local EC Delegations in the CEEC have overtaken the function of interlocu-
tor and contact for all questions directly related to the project implementation at
operationallevel. At the same time, they are supervising whether the Guaranteed
Results and benchmarks which are formulated for every project are achieved.
The Central Finance and Contracting Units (CFCU) in the different CEEC are
responsible for the financial administration and management of all Twinning
projects. Moreover, they are the contact for all questions on contracting and ten-
dering in the course of a project.
The Pre-Accession Advisor (PAA) coming from one of the EU Member States
assumes the function of a specifically qualified project coordinator in the
involved administration of the CEEC (in most cases she/he is placed in the Min-
istry of Environment or in the National Institute for Environment).
The Ministries ofthe CEEC and their subordinated administrations are responsi-
ble for the implementation of the project activities at operationallevel. They are
working together with the team of Member State Short-term experts (STE) and
the PAA to realize the specific project contents and activities which have been
agreed upon in the Covenant.
The Ministries of the EU Member States and their subordinated administrations
agree to put qualified experts out of the different administrative levels at the dis-
posal of Twinning projects. The STE are responsible for clearly defined parts or
activities of a project. They offer their knowledge and practical experience in the
daily administrative work of an EU Member State in order to achieve the best
solutions for the legal harmonization and the establishment of corresponding
administrative procedures in the CEEC.
It is obvious that the national particularities of the corresponding Candidate
Country are taken into consideration in order to instali the best and efficient
working administrative structures and procedures possible.
In case additional specialists from EU Member States become necessary in order
to implement a certain special activity in the course of the project, it is also pos-
sible to integrate a private expert according to determined rules in the framework
of Twinning. This might become necessary for example for the programming of
aNational Database on Perrnitting and Licensing, etc.
Twinning Projects are implemented according to special procedures and rules
which can be found in the ,Twinning Manual'. The tendering of Twinning
Twinning and ecological planning in CEE countries 127
The very ftrst Twinning in the sector Environment in Bulgaria (1998) may serve
as an example for the acceptance of ecological objectives, especially the sub-
project "Development of the National Environmental Strategy and the National
Environmental Action Plan".
The basic information available for the project was:
National Plan for the Adoption of the Acquis communautaire
Existing legislation in the different environmental sectors according to the
requirements of the Acquis communautaire (Horizontallegislation, air quality,
waste management, water, nature conservation, Seveso 11, chemical sub-
stances, GMOs, noise, nuclear safety and Radiation protection)
Institutional assessments in the different environmental sectors (BUL-98,
BUL-99)
SWOT-Analysis in the different environmental sectors in the framework of the
project
The Guaranteed Results according to the Covenant were:
National Environmental Strategy
National Environmental Action Plan
Discussion of the results at inter-ministerial level
Details on necessary measures at short-, medium- and long-term level for plan-
ning and projects
In the framework of the project numerous interviews were made with represent-
atives of all relevant environmental sectors mainly at ministerial level. The
results were discussed in workshops which were at least cross-sectoral and later
on also involving other ministries. The discussion during these workshops aimed
at finding solutions for difficult cross-sectoral questions. It became obvious that
the integration of ecological planning into other politic sectors is not considered
as a priority. Almost without exception the ftrst priority was given to the eco-
nomic development of the country. In case of possible restrietions on develop-
ment areas or regions for ecological reasons it was only possible to formulate
"objectives" for the proteetion of sites or territories but no concrete measures. In
any case reference was made to the priority of a general increase in living stand-
ard for the people and the economic development necessary to achieve this. In
order to illustrate this statement, 3 examples for EU Directives will be shortly
described for which the legislative step of implementation (nationallegislation)
has already been ftnished. Their implementation into daily life, however, proved
to be very difftcult for several reasons.
Example 1: Fee for waste water treatment
A great deal of the National Programme for the construction of waste water treat-
ment plants had successfully executed untiI199912000. The majority of medium-
sized communities (> 10.000 inhabitants) had already been connected to a central
130 Marianne Badura
waste water treatment plant. The financing of investment had been done by for-
eign means (EU and other). The financing ofthe regular costs, however, has to be
settled by raising fees for the households connected. As the real incomes of the
inhabitants are very low, it is not possible to demand the realistic costs. If it is not
possible to get subsidies from the State Budget to cover the cost for maintenance
of the waste water treatment plants, the investment itself will get lost at medium-
term. The same situation can be found in the sector waste management in the case
of fees for the disposal of waste at regular disposal sites.
Example 2: 2000/53IEC Council directive on end-of-life vehicles
The directive on end-of-life vehicles was subject of the first Twinning project
where a draft bill was elaborated which was transposed into Bulgarian legisla-
tion. The implementation in the daily life of people, however, will take many
years as 80% of the vehicles currently running in Bulgaria belong to the Category
of end-of-life-vehicles. The correct disposal of these old vehicles has not been
possible so far because the technical installations for it are not available.
Example 3: Council Directive on the content of lead in petrol (85/210IEEC)
As mentioned above, the majority of Bulgarian vehicles is rather old (approx.
80% of the vehicles is more than 10 years old). The technical standard still
requires the use of leaded petrol. Therefore the implementation of the Directive
simply is not possible as otherwise at least half of the population would have to
do without a car from now on. As the harmonization of legislation in the Candi-
date Countries also has to take care of the sodal situation of the people, for the
above-mentioned Directive the agreement on a transition period has been neces-
sary. It has to be guaranteed, that almost everybody will have the possibility to
buy a more modem car which can be driven with unleaded petrol.
The Twinning project on the "Implementation of the Habitats and Birds Directive
in the Slovak Republic" shall serve as another example for the foreseen imple-
mentation of ecological planning by Twinning.
The basic information for the project are:
New Act on Nature Protection for the implementation of both Directives
National data on protected habitats and species for the selection of potential
sites according to Habitats and Birds Directive
National data and data base on protected areas and species
The Guaranteed Results planned according to the Covenant (not finished yet) are:
Information campaign for an increased sensitivity of the population and other
involved actors (stakeholders) for the objectives of Habitats and Birds Direc-
tive
Capture of areas and data in a geographic information system (GIS) with
detailed borders of protected sites as weIl as the integration of areas and related
data in a data base on Natura 2000
Twinning and ecological planning in CEE countries 131
Due to former centralistic structures in most of the eEEe on the one hand there
have been many regions with a very intensive land use. On the other hand there
have been many regions which can be considered as economically underdevel-
oped. In this regions many plant and animal species could survive. As a conse-
quence of the economic crash and the changes after 1989, huge territories for-
merly used as farm land have been left out of use. The redistribution of land to its
former owners also caused a lot of land being out of agricultural use. Many spe-
eies took advantage of this situation to spread anew and to 're-conquer' habitats
which were lost.
As there is no actual need to increase the amount of farm land in order to increase
the production of food, nowadays, the pool of valuable territories which should
be given a protection status is high (esp. in comparison with some EU MS). The
Twinning and ecological planning in CEE countries 133
The technical requirements for production installations are high, at the same
time giving incentives for the application of modem technologies and invest-
ments.
The licensing and controlling authorities have to apply state-of-the-art technol-
ogy in order to be able to execute their function. This requires a high qualifi-
cation of the staff with the corresponding knowledge in ecology and technol-
ogy.
In the framework of Twinning projects the training of specific knowledge and
management abilities as weIl as foreign languages for the staff is of great
importance. Training measures are part of almost every project and constitute
a high investment in the people and the transmission of ecological conscious-
ness.
By implementing EU standards a climate of safety for investments is created
which is the basis for creating new employments.
The implementation of Twinning projects a lot of knowledge and European
philosophy is transmitted which can be the basis for long-term relationships
between EU MS and CEEC.
The effort to support the implementation of ecological planning principles in the
CEEC must not aim at introducing EU standards as an obligation for every sector.
The EU Member States also have to be prepared to think of integrating useful
methods or standards which have been applied in the Candidate Countries. One
example is the practice of agricultural methods which have been causing exces-
sive costs for the whole economy.
HopefuIly, the Candidate Countries express their opinion on superfluous EU
standards or regulations, which certainly exist. It is advisable not to accept all
Directives and Regulations without any criticism as country specific situations
demand specific answers.
The implementation of the Acquis communautaire requires the co-operation of
administrative bodies at all levels and supports the exchange of opinions between
authorities and people. The Twinning programme offers a great possibility to
leam from each other. For the MS experts, it offers the possibility to get to know
the countries of Eastem Europe in a very realistic way as those countries have
been widely unknown to the people from the European Union unti11989.
"Twinning" therefore not only contributes to the implementation of ecological
planning principles but also to realize the vision of a unified, living and diversi-
fied Europe.
Twinning - achallenge for both candidate
countries and Member States
Franz Ellermann
After the formal invitation to the accession to the EU from the EU Commission
the accession partnerships programs with all so called "candidate countries" were
signed. The main aim of those accession partnerships is the concentrated support
for the candidate countries at the preparation for their accession i.e. development
and stabilization of democratic structures, creation of more effective and to the
public opened authorities and administrative bodies on the national and regional
level and last but not least the help with the adoption and implementation of the
Aquis Communitaire. For the environmental sector is the following relevant:
Reinforcement of administrative structures and authorities in Candidate Coun-
tries on national and regional level (ministries, regional inspectorates etc.)
Establishment of environmental institutes and agencies (monitoring institutes,
laboratories, information exchange and networks, improvement of manage-
ment)
Adoption of the Aquis Communitaire (to comply with EU requirements in
general)
Implementation ofEU Directives (to meet the requirements under each Direc-
tive)
Development and enforcement of legal, administrative and technical regula-
tions
Development and enforcement of environmental policies, strategies and action
plans for implementations etc.
The financing of the accession partnerships is within the Agenda 2000 until the
2006 foreseen. The Agenda 2000 was agreed by Members states beginning 2000
(decision from Berlin) and it consists of three programs PHARE, ISPA and SAP-
ARD.
1. What is Twinning?
With the aim to reach these ambitious plans within the short time and in order to
follow, to evaluate and to manage the common results, the new TWINNING
Instrument was introduced. Since 1998 the PHARE Program has been running in
all important political fields. TWINNING manages the common work of experts
from MSs (member states) and CCs (candidate countries) in specific Projects.
Especially the MSs-CCs experts co-operation is considered by the EU-Commis-
sion as a very effective and financially reasonable support for the accession of the
CCs. Therefore the main objective is to establish such a co-operation between the
136 Pranz Ellermann
Gap analysis of the Czech legislative situation, institutional and administrative structures
relevant to the IPPC Directive implementation
Responsible Measures
CC: MoE, MIT, MoA, RA, Provide all nece ary information
RHO
MS: STE-I , STE-I.l , STE- Gather a11 background information on MS legislation / lPPC imple-
4, STE-4.1 mentation under consideration of requirements under SEVESO [l
Directive
MS: STE-1, STE-I.I , Gap analysis; Asses ment of the gathered information
STE-4, STE-4.1
CC: MoE, MIT, MoA, RA, Preparation of a draft report incIuding recommendations for
RHO improvement regarding the implementation of the IPPC Directive
MS: STE-4, STE-4. I under consideration of requirements under SEVESO Directive
Benchmarks/Output:
1. Gap analysis; draft report on the Czech legal, institutional and administrative
Istructures conceming the fPPC Directive including recommendations for
improvement based on German and Danish experience of IPPC implementation
2. Definition of common requirements / interfaces conceming the implementation of
the SEVESO 11 Directive
3. Materials on institutional set up from Gennany and Denmark (IPPC Legi lation,
institutional framework, etc.) provided in English
Review of existing Czech impIementation plans in the area of IPPC and industrial pollution
and risk management (see annotation and relevant implementation plans for the EC Direc-
tives related to IPPC as Iisted in Annex 11 of the IPPC Directive
ResponsibiHty Measures
CC: MoE Provide a11 necessary information
MS: STE-I , STE-I.I , Gather a11 background information on MS legislation / lPPC implemen-
STE-4, STE-4.1 tation programs including relevant requirements from linked directives
MS: STE- I, STE-I.I , Gap analy is; Assessment of gathered information
STE-4, STE-4. I
CC: MoE Preparation of a draft report incIuding recommendations for improve-
MS: STE- 1.1, STE-4. I ment
BendunarkslOutput:
1. Gap analyses; draft report on the existing Czech implementation plan incIuding
relevant requirements from Iinked directives
2. Materials from Denmark and Germany conceming implementation of Directives
from Industrial Pollution and Risk Management section, provided in English
Twinning - achallenge for both candidate countries and Member States 141
Preparation of the final Implementation plan including recomrnendations for legislative sit-
uation, institutional and administrative structures
Responsibility Measures
CC: MoE, CEI, RA Seminar on drafl rep0rlS from ActiviLies 2.1 and 2.2
MS: STE-I. STE-I .I. STE-4,
STE-4. 1
CC: MoE Finalization ofthe reviewed implementation plan on lPPC
MS: STE-I.I , STE-4.1 harmonized with the other directives relevantto lPPC
Benchmar ks/Output:
1. Seminar on results from gap analysi under Activitie 2.1 and 2.2 including
recommendations for improvement
2. Draft Implementation Plan on IPPC harmonil.ed with the other directives relevant LO
IPPC
Benchmarks/Output:
I. Developed, consulted and finalized implementation plan including time chedule
concem ing the IPPC Directive, including comparison with German situation
2. ReporlS on the acti vities under Work Package 2
3. Work Package 2 is completed
Benchmarks/Output:
1. 14 Draft lrnplementation Strategies
2. Seminar on Draft l.mplementation Strategies
3. 14 consulted Finallmplementation Strategies including time schedules for permil
issuing delivered to each Czech Regional Authoriry (i n Czech)
Twinning - achallenge for both candidate countries and Member States 143
Preparation of a draft Training Program for IPpe Implementation on regional level (Private
Sector Input)
Respon.sibil- Measures
ity
MS: P-STE- I Panicipalion in Sem inar for the co-ordination with Olher MS Expens
(Activily no. 2.4 - changerl 10 panicipalion in Seminar under Activily 2.3)
MS : P-STE- I Participalion in Seminar fo r the coordination with other MS Expens
(ActivilYno. 3. 1)
MS: P-STE- I Parlicipalion in Seminar for lhe co-ordi nation with Olher MS Experts
(Activily no. 5.1 )
MS: P-STE-I Panicipalion in Seminar for lhe co-ordination with other MS Experts
(Activity no. 7.2)
MS: P-STE-I Participation in Seminar for the co-ordination with other MS Experts
(Activity no. 8.2)
Benchmarks/Output:
1. I Identification of needs for training on regional level
2. [14 individual draft training program for IPpe implementation in every region
permits in advance (before the Act on IPPC comes into force) and to therefore get
the integrated permits in shorter time. The variations of the permitting procedure
for a substantial change for the chosen plants will be carried out. In the first part
of Activity no. 5.1 all necessary background materials (application forms, struc-
ture and contents of integrated permits and statements of concemed authorities
and an expert body, guidance on fulfilment of the application etc.) will be devel-
oped in the second part of Activity no. 5.1 (after completion ofthe three 'BREF-
trainings' and the corresponding simulations of the integrated permitting proce-
dure), the feedback from the simulated permitting will be used in the finalisation
of the materials.
In the framework of Activities 5.2, 5.3, 5.4, 5.5, 5.6 and 5.7 three trainings on
BREFs (glass industry, chemical industry and waste management) including on-
site inspections and the simulations of integrated permitting procedure will be
held. The roles of bodies named in the Czech Act on IPPC will be simulated by
the representatives of Czech authorities (MoE, Czech Environmental Inspector-
ate, Regional Authorities and other concemed authorities) and the foreseen role
of Agency by the German experts. The expert support for operators in the course
of their filling in of the application forms will be provided by the means of this
project. To deepen the understanding of the pilot permitting procedure three indi-
vidual follow-up events will be conducted.
During all the activities dealing with BREF's and their interpretation all the
uncertainties will be consulted with the Information Exchange Forum or the rep-
resentatives of the relevant IPPC Expert Group.
Additionally MS Germany will provide an ad-hoc assistance for the relevant new
installations within the process of preparation of pilot permits regarding the IPPC
requirements.
Twinning - achallenge for both candidate countries and Member States 145
Responsible Measures
MS: STE-I, Sludy of exi ting Czech materials - proposed Executive Decree on appli-
STE-I.2, STE- I.4 cation form, relevant applicalion and materials from the former permit-
ling procedure and recommendations from the previous projects
MS: STE-I , Gathering of the relevant German materials (appl ication form for inte-
STE-I.2. TE-I.4 grated permit ,guidance documents, imegrated permits etc.) under consid-
eration of the requiremems under SEVESO II DirecLi ve
CC: MoE, CEI, AlT Seminar on developmem of draft documents (application forms , contem of
MS: STE-I.2, permits, content and slrUcture of statement of concemed authorilie
STE- l.4 including expen body, guidance materials for thei r fu lfillmem, documem
for ite-exploration/in pection for inspectors) based on previous permit-
ting procedure in the Czech Republic and German experience under con-
sideration of the requiremenlS under SEVESO n Directive
CC: MoE, CEI Finalization of guidance document after completion of the Lhree pilot per-
MS: STE-1.2, mits (Activitie. no 5.3, 5. 5 and 5.7
STE- I.4
CC: MoE, JC IPPC Public presemation of final ized documents
MS: STE-I , STE-I.2.
STE-I.4, PAA
Benchmarks/Output:
1. Final guidance documem and template on methodologies and admini traLive
procedures for permitting according the Act on IPPC in the CR
2. Definition of common requirement I interface conceming Lhe implementation of the
SEVESO TI Directive
3. Final proposal of application forms for integrated permitting
4. Final proposal of structu re and content of latemem on a IPPC application of concemed
administration bodies
5. Final proposal of document for sile-exploralion/inspeclion for inspeclOrs
146 Pranz Ellermann
Benchmarks/Output:
1. Technical documents on BAT on 'Glass Manufaclure' applied in MS
2. Trai ning materials on 'Glass Manufaclure' application including example of technical
solutions from MS
3. Carry OUI training for minimum 15 Czech experts on 'Glass Manufaclure' from Regional
Authorities, MoE and CEI with ulilizalion of training materials including on-site visil
4. Report on applicalion of BREF on 'Gla ManufaclUre' in the CR including review of indus-
trial comments
Twinning - achallenge for both candidate countries and Member States 147
Responsible Measures
CC:MoE Filling of an appl ication (assistance)
MS: STE-I.5, STE-3.8
CC: MoE Asses ment of the filled application (si mulation of a role of the
MS: STE-I.5, STE-3.8 Agency)
CC: MoE, CEI, other Statements of concemed authorities (si mulation of a role of concemed
administrati ve bodie authorities)
MS: STE-I .5, STE-3.8
CC: MoE Statement of the Agency
MS: STE-1.5, STE-3.8,
CC: MoE, CEr, other Public hearing on an application and pennit conditions proPOsal
adm inistrative bodies (including public, municipalilies)
MS: STE-1.5, STE-3.8
CC: MoE, CEI, RA Issuing of a pennit
MS: STE-1.5, STE-3.8
CC: MoE Follow-up event for the participants of the training, LO deepen the
MS: STE-I.5, STE-3.8 understanding of the pennitting procedure
Finalization of guidance materials for filling of an application for
IPPC on glass industry
Finalization of materials for public presentation
Benchmarks/Output:
1. FiUed applicalion fonn on glass industry
2. Pilot pennit on glass industry
3. Statements of concemed authorities
4. Record from public hearing
5. Guidance materials of fu lfilment of an application for IPPC on glass industry
6. Guidance materials, applicalion fonn and content of the pennit for propo ed change of an
installation
7. Materials for public presentation
The IPPC and Seveso 11 Directives define specific monitoring requirements and
the Commission has recommended criteria for environmental inspections (Rec-
ommendation 2001/331 of the European Parliament and of the Council of 4 April
2001). An effective monitoring system is one of the basic preconditions for the
protection of the environment.
The goal of the programme is to develop an implementation plan for the Moni-
toring System and for the Management of the Monitoring and to train personnel
of the responsible authorities in the issuing of integrated permits for selected
industrial and agricultural branches as weIl as in the subsequent site inspections
and monitoring activities. Work Package 6 comprises the auditing of the current
monitoring systems in the facilities, the review of available data and the drafting
of the new methodology for the monitoring systems. During the auditing and for
the completion of data the technical means defined in Technical specifications
(Lot 3: Monitoring system) will be used.
Responsible Measures
MS: STE-3.2, Preparation of materi al for training session (i neluding translated BREF
STE-1.7- document - ' Monitoring Systems')
ec: MoE Training 'es ion including one on site visit
MS: STE-3.2, STE-1.7
cC: MoE Follow-up event for the paruei pants of the training, tO deepen the under-
MS: STE-3.2, STE-I,7 standing of the permitling proeed ure
Benchmarks/Output:
1. Carry out train ing for at least 15 Czech expens from permitling (RA, MoE) and enforce-
ment (CEI) authorit.ies on moniloring sy lem and its management, BATIBREF on Moni-
loring Systems
2. German guidance on BREF ' Monitoring
3. Trai ning materials
Twinning - achallenge for both candidate countries and Member States 149
Implementation Plan for the Monitoring system and the management of the monitoring sys-
tem in each pilot pennit under Work Package 5
Responsible Measures
MS: STE-I, Preparation of a draft concept for the monitoring system
STE-1.2 Study of draft applications for pilot integrated permits
MS: STE-I, Preparation of proposals of a monitoring system and a management of the
STE-1.2 monitoring ystem to each pilot case (u ing re ults from BREF 'Monitoring
Systems' Training)
CC: MoE, CEJ Pilot site inspeclions of each in tallations from Work Package 5 and conclu-
MS: STE-I , sions from these inspections
STE- 1.2
MS: STE-I , Workshop: consuhation of the proposals with operators and all concemed
STE-1.2 authorities and preparalion of final documents
Draft of a methodology for monitoring systems and a management of the
monitoring ystems in selected branche from Annex I of IPPC Directive
96/6 IIEC (selection according to ''The limetabJe of an integrated permit
issuing in each Region" Work Paekage 3, for the most important branches pro-
dueing pollution, noise, ete.)
CC: MoE, CEI Finalization of the methodoJogy for moni toring ySlems and a management
MS: STE-J, of the monitoring systems in selected branches from Annex I of the IPPC
STE-1.2 Direetive
Benchmarks/Output:
1. Guideline including a methodology for the monitoring system and a management of the
mortitoring system for eaeh pilot case (from Work Package 5)
2. Conclu ions and recommendations from pilot ite inspections and from the workshop
(in connection of Work Package 5)
3. Final methodology and administrative procedure for the moniloring system and
a management of the monitoring ystem in selected branehes from annex J of IPPC
direcli ve 96/61IEC
150 Franz Ellermann
Support of Czech experts working group for monitoring (information provision, translation,
study journey etc.) during their work on the implementation BATIBREF on monitoring in
the CR.
Responsible Measures
CC: MoE Support for establishment of a Czech experts working group (WG) for moni-
MS: STE-3.2, toring (e.g. participation in the meetings of WG, providing of explanation for
STE-I.2 problematic queslions conceming monitoring)
CC: MoE,CEI Link-up of trong co-operation of twinner and the nominated persons from
MS: STE-3.2, this working group
STE-I.2
MS: PAA, private Tran lation ofthe European Commi ion BAT document (BREF) on monitor-
seetor input ing 'Monitoring Systems'
MS: STE-3.2, lnformation and documentation service from EU member states 10 members
STE-I.2 of worki ng group (including translation)
MS: STE-3.2, Site visits of IPPC Installations in MS (during the Work Package 9)
STE-1.2
MS: STE-3.2, Support of contact working group member with expert from EU member
PAA states
Benchmarks/Output:
1. Guidelines including a methodology for the monilOring ystem and a management of the
monitoring system for each pilot case (from Work Package 5)
2. Recommendations for work of the Czech WG on monitoring
3. Net of contacts wi th experts from EU member states
4. Work Package 6 is completed
Responslble Measures
CC: MoE, MIT, Interpretation of Annex I Activities specification - exchange of experience
MoA, AlT with MS on the Activities specification and classifications according to Ger-
MS: STE-5, STE- man business practice; comparison specifications with business classifications
5.2 ofMTT, MoA
CC: MoE, MIT, Interpretation ofCapacity thresholds - information exchange between MS and
MoA,AIT Czech experts on threshold interpretation and application in:
MS: STE-5, STE- deciding on whether IPPC applies to specific activity's operation
5.2 (with emphasi on the application for former socialist large capacity plants in
East Germany) pennit conditions setting
MS: STE-5, STE- Preparation of methodology on application of Annex I for affected operators
5.2 of Activities listed in Annex I
CC:MoE Seminar for the presentation of the draft methodology including consultations
MS: STE-5, STE- with MoE experts and relevant stakeholders, revi ion of Lhe draft methodol-
5.2 ogy according to the results from the seminar
CC:MoE, IC Dissemination of the revised methodology to relevant stakeholders, coUecLion
IPPC ofcomments
MS:PAA:
CC: MoE Joint review and evaluation of the document, preparation of final methodol-
MS: STE-5, STE- ogy on the application of Annex I categories and subcategories
5.2
CC: MoE Dissemination of final meLhodology to relevant stake holders
Benchmarks/Output:
Final meLhodology on appHcation and interpretation of Annex I of Lhe IPPC Directive
Preparation of general guidance on definition and utilization of BAT as basis for penniuing
system
Responsible Measures
CC: MoE, CEI Review and comparison of exisLing information on BAT utiUzation in Lhe CR
MS: STE-5.2, and MS including Gap Analysis (i.e. criterialbencbmarks help to identi fy BAT)
STE-3.1O
MS: STE-3, Draft report on BAT ulilization and recommendation for future BAT utilization
STE-3.IO under IPPC system (results from the gap analysis and the seminar)
MS: STE-5.2, Preparation of a draft guidance on BAT utiHzation (iocl. BAT-benchmarks cri-
STE-3.11 teria allowing tlexible approach) for penniLung authorities
CC:MoE Seminar; Presentation and discus ion of Lhe results from the gap analy i and
MS: STE-5.2, the draft guidance on BAT utilizaLion
STE-3. 11
MS: STE-5.2, Revision of Lhe draft guidance according LO the results of the seminar
STE-3. 11
Twinning - achallenge for both candidate countries and Member States 153
Benchmarks/Output:
1. Revised Draft Report on BAT utilization including recommendation for IPPC
implementation as a background material for work package 5 (pilot permits issuing)
2. Revised Draft General Guidance on BAT utilization according lhe Seminar
Finalization of the draft report on recommendations for future BAT utilization and the draft
general guidance on BAT utilization based on the results ofWork Package 5 (finalization of
the draft reports / guidance documents of Activities no. 8.1 and no. 8.2)
Responsible Measures
MS: STE-5, STE- - Preparation of presentation materials
1.7
CC: MoE - Seminar, Presenlation and di cu ion ofthe results from Work Package 05
MS: STE-5, STE-
1.7
MS: STE-5, STE- - Finalization of lhe draft reports and draft general guidance on BAT
1.7 utili zation
Benchmarks/Output:
1. IFinal Report on BAT utilization induding recommendation for IPPC implementation
2. IFinal General Guidance on BAT uti lization
3. Conclusion
This short abstract from the running Twinning Project points out the level of
detail and the enormous scope of work, that has to be done by the CC in relatively
short time. Development and agreement of the legislation (Environmental Legis-
lation general), sufficient institutional building as weH as "step by step" imple-
mentation of those regulations into the administrative praxis took tens of yeas in
the current member states but the CCs have to manage it in few years.
The up to date evaluations of the TWINNING Instrument done by the EU-Com-
mission and CC has proved that this new Instrument is useful. After the end of
individual project the co-operation between administrations of the MS and CCs
has transformed itself in many cases into the bilateral one. In fact all involved
subjects take an advantage from this process- the administrations of the CCs get
the additional non-bureaucratic support and all partners are participating in a
tight learning and self-improvement continual process. It opens the possibility
and chances for all to experience the EU enlargement process from very practical
point of view and to undertake own initiative by its active forming .
Bulgaria's accession to the European Union
Slavitza Dobreva
Horizontal Legislation
Directive 85/3371EEC, amended by 97/11IEC on the assessment of the
effects of certain pubUc and private projects on the environment
Existing legislation
The following legislative acts partially transpose the requirements of the Direc-
tive:
Environmental Protection Act (State Gazette No 86/1991; as amended in April
2000);
Regulation N4 on Environmental Impact Assessment (State Gazette No 84/
1998);
Decree No 87/23.03.1995 on Ratification ofthe Convention on Environmental
Impact Assessment in Transboundary Context.
156 Slavitza Dobreva
the required time periods and investments for a feasibility study, project
design, construction, putting into operation and fixing the relevant abatement
equipment and installations for minimizing the sulphur content in heavy oils;
the required period and investments for achieving compliance with the estab-
lished requirements on motor fuels quality [Directive 98170/EC].
250 municipal waste management programs (92%) are approved and presented to
the Ministry of Environment and Water.
Harmonization o/legislation with the acquis
The requirements ofthe Directive will be fully transposed into the Bulgarian leg-
islation by amending the Law on Reduction of the Harmful Impact of Waste upon
the Environment in the year 2002.
(State Gazette No 6/2000). The regulation defines also the cases when a bank
guarantee or insurance is required.
Law on Ratification of the Basel Convention on the Control of Transboundary
Movements of Hazardous Waste and their Disposal
The requirements of the Directive are applied for all newly built landfills. The
landfill operators are obliged to prepare and implement compliance plans for all
existing landfills.
The Republic of Bulgaria has in place a procedure for examination of risk for the
environment and human health from landfills. The procedure falls within the
scope of approved Guidelines on the scope and the content of the reports for the
assessment of past environmental damages. According to the Guidelines out of
operation landfills in privatized companies are usually considered as past envi-
ronmental damages and in compliance with the Privatization Act the cost for their
closure are covered by the State.
Requirements for the establishment of anational cadastre of waste landfills and
past environmental damages are introduced. The data about the 57 largest exist-
ing municipal waste landfills will be available by the end of 2001.
The national waste management policy envisages the establishment of a system
of regional landfills, which will gradually replace the existing more than 2500
municipal waste landfills. The National Waste Management Programme
(NWMP) envisages the construction of 37 regional landfills which will serve
about 33% ofthe population. The updating ofNWMP in 2002 should specify the
rest of regional landfill sites envisaged for construction in the period till the
accession in order to ensure the covering of whole population (territory) of the
country.
The Republic of Bulgaria considers the requirements for surface sealing set by
point 3.3. Annex I of the Directive as a recommendation. The mentioned require-
ments shall be reduced significantly on competent authorities' opinion for land-
fills closed by the date of accession. The requirements of Article 4 of Directive
75/442/EEC on waste shall apply in such case.
The Republic of Bulgaria considers that the definition for "liquid waste" accord-
ing to Article 2, point q of the Directive does not cover the mixtures of solid waste
with water intended for deposition in tailing ponds, ash ponds, slug ponds and
similar facilities.
The Republic of Bulgaria declares that the implementation of the provision of
Article 5, item 2a,b,c will be postponed with 4 years and the requirement of Arti-
cle 5, item 2c will be implemented as from 16 July 2020. As there are no available
standardized EUROSTAT data for 1995 the Republic of Bulgaria will develop
and submit to Commission not later than 31.12.2003 an assessment on the quan-
tities of landfilled municipal biodegradable waste. The assessment will be used
for the determination of targets set by Article 5, item 2 of the Directive.
Harmonization o/legislation with the acquis
The requirements of the Directive will be fully transposed into the Bulgarian leg-
islation by amending the Law on Reduction of the Harmful Impact of Waste on
the Environment (State Gazette No 86/1987, as amended in 2000) and Regula-
164 Slavitza Dobreva
tion No13 on the conditions and requirements for the construction and operation
of waste landfills by the end of 2002.
Request fOT a transitional periods
The Republic of Bulgaria requests a transitional period of 2 years for the imple-
mentation of the targets set by Article 5, items 2a and 2b, as follows:
The reduction of biodegradable municipal waste to 75 % of the determined
quantities to be applied at latest by 1.01.2012;
The reduction of municipal biodegradable waste to 50 % of the determined
quantities to be applied at latest by 1.01.2015.
The national strategy for the implementation of the reduction of the biodegrada-
ble waste going to landfills will be approved by the end of 2003 at latest. After the
strategy's approval the Republic of Bulgaria will reassess the necessity for the
above-mentioned transitional period.
In case that the consideration made in the Existing legislation part on the defini-
tion of "liquid waste" is not confirmed by the Commission an additional transi-
tional period of eight years - till1.01.2015 will be required as follows:
The ban on the liquid waste landfilling not to be applied for the specified
period to all existing sites such as tailing ponds, slug ponds, ash ponds and sim-
ilar facilities. A list of facilities and types of waste landfilled will be submitted
to the Commission.
The need of such transitional period is determined by the significant investments
required for changing the applied technologies at present in mining, energy, met-
allurgy and other industrial sectors. The quantities of waste disposed in such
manner exceed 10 million tons annually.
The Republic ofBulgaria reserves the right to request additional transitional peri-
ods for specific landfill sites after examination of the criteria for inert waste clas-
sification and the criteria which have to be fulfilled for certain hazardous waste to
be accepted in hindfills for non-hazardous waste.
Convention for the Proteetion of the World Cultural and Natural Heritage -
signed, ratified and in force for the Republic of Bulgaria since 1976
Convention on the Conservation of Migratory Species of Wild Animals (The
Bonn Convention) - ratified on 03.08.1999, in force for the Republic of Bul-
garia since 01.11.1999 (State Gazette No 1612000)
The Republic of Bulgaria took part in the adoption and signing of the following
agreements on the protection of migratory species:
Agreement on the Conservation of Cetaceans of the Black Sea, Mediterranean
Sea and contiguous Atlantic Area - ratified and promulgated in the State
Gazette No 87/1999;
Agreement on the Conservation of African-Eurasian Migratory Waterbirds -
ratified by law - State Gazette No 87/1999; promulgated in the State Gazette
No 16/2000, in force since 01.02.2000;
Agreement on the Conservation of Bats in Europe - ratified by law - State
Gazette No 69/1999; Promulgated in the State Gazette No 1612000, in force
since 09.12.2000
The Republic of Bulgaria has adopted aNational Strategy for Biodiversity
Conservation, approved by the Council ofMinisters in 1998. The National Strat-
egy for Biodiversity Conservation is a long-term programme elaborated in
accordance with the requirement for national planning of the nature proteetion
activities under the Convention on Biological Diversity. The National Strategy
for Biodiversity Conservation is the first strategie programme at the national
level for biodiversity conservation elaborated in a country from Central and East-
emEurope.
The National Plan for Biodiversity Conservation is one of the obligations follow-
ing from the Convention on Biological Diversity and a direct result of the
National Strategy for Biodiversity Conservation. It was adopted by the Council
of Ministers in August 1999 and combines measures and activities to be imple-
mented during the period 1999 - 2003. The National Plan envisages priority
measures for biodiversity conservation and maintenance; the concrete activities
to be undertaken; the financial resources needed for the implementation of the
Plan' s activities; the mechanism for coordination of the participants' work for the
fulfillment ofthe tasks envisaged in the Plan.
National Assembly, which is foreseen for the middle of 2002. A Regulation of the
Council of Ministers on the order and terms of integrated permits' issuing shall
be adopted within 6 months after the Act's entering into force.
Request for a transitional period
According to the new Environmental Protection Act the deadline for issuing inte-
grated permits for existing installations is 1 January 2007. For full implementa-
tion of Directive 96/61/EC Republic of Bulgaria requests a transitional period of
5 years.
Preliminary conclusions of the analysis of the current situation are that the main
problems in connection with the implementation of the Directive are as follows:
high costs of the harmonization with the BATs;
usage of out-of-date technologies that lead to increased consumption of raw
materials and energy;
inefficient waste treatment installations (end-of-pipe);
lack of appropriate monitoring equipment;
shortage of financial resources for reconstruction and modernisation;
new and unestablished organizational structure in the enterprises after the pri-
vatisation;
insufficient information on environmental problems in the management of cer-
tain enterprises (mainly middle-size enterprises);
insufficient experience ofthe authorities (MoEW, RIEWs) on introducing the
new mechanisms for integrated pollution prevention and control.
1.1.7 Chemieals
Regulation No 27 on the import of goods for the health of the population (State
Gazette No 75/1995);
Regulation No 17 for the management of stations for desinsection and derati-
zation (State Gazette No 87/1992);
Ordinance No 194 of 3.10.1991 on the organization of measures against
insects and rodents-pests.
Harmonization of legislation with the acquis
The requirements of the Directive will be fully transposed and implemented by
the end of 2002 with the adoption of a Regulation on the permitting 0/ biocides
products. The adoption of a new Regulation amending Regulation No 8 is envis-
aged by the middle of 2002.
the by-law, which will transpose its requirements into the Bulgarian legislation,
will be issued under the Law on Technical Requirements to the Products. 13
standards under the Directive will be introduced as national ones.
With the adoption of a regulation under the Law on Technical Requirements to
the Products and the introduction of relevant standards, Republic of Bulgaria will
achieve full harmonization with the EU legislation in sector Noise.
The responsibilities lie mainly with the munieipalities and the private seetor.
It is expeeted the EC offieial guidelines for assessment of neeessary eosts for
eomplianee and preparation of investment programs to be published soon. After
reeeiving these Bulgaria will prepare detailed assessments and investment planes
for eaeh of the direetives in the field of environment.
For the seetors water, air and waste, the total value of the neeessary investments
for the period 2000 - 2006, is 3 081 MEUR, while assuming that the fuH adoption
of the European legislation for these 3 seetors would be aehieved in 2015, and
2 409 MEUR, if sueh fuH adoption is aehieved in 2020.
In the Table below is presented a eomparison of the envisaged funds for the envi-
ronmental seetor - for the eomponents of air, water and waste management, in the
National Development Plan (NDP) for Bulgaria in the period 2000--2006 and the
neeessary eosts for implementation of the requirements of the European Diree-
tives for the same period. Two variants are presented: Aehieving of fuH imple-
mentation of the European legislation unti12015 and unti12020:
Funds, envisaged in the NDP - 2000 - 2006 for investments in the environrnental sector,
MEUR
Period 2000 2001 2002 2003 2004 2005 2006 Totalfor
the
period
National budget 12.6 13.9 13.9 14.4 10.6 9.9 8.9 84.2
NEPF 19.9 21.4 25.0 27.5 29.3 29.3 29.3 181.7
Municipalities 4.2 4.7 5.1 5.6 6.1 7.1 7.1 39.3
Cornpanies 144.9 175.3 169.2 175.0 185.4 195.6 195.6 1,235.0
ISPA 45.0 45.0 60.0 57.5 52.5 42.5 42.5 350.0
Loans 23.0 23.0 28.0 8.0 8.0 8.0 8.0 106.0
TOTAL 249.6 283.3 301.2 288.0 291.9 290.8 291.4 1,996.2
Necessary funds for the three cornponents
Achieving of corn- 436 470 427 437 434 436 441 3,081
pliance until 2015
Achieving of corn- 340 374 331 341 338 340 345 2,409
pliance until 2020
Insufficiency of funds
Achieving of corn- 186.4 186.7 125.8 149.0 142.1 145.2 149.6 1,084.8
pliance until2015
Achieving of corn- 90.4 90.7 29.8 53.0 46.1 49.2 53.6 412.8
pliance until 2020
Bulgaria's accession to the European Union 181
Preliminary data for the environmental expenditures from publie sourees in 2000
is as follows IMEURO/:
National budget: 14
National environmental Proteetion Fund: 26
Note: The official information will be available at the end of2001.
The envisaged environmental expenditures from publie sourees for 2001 are as
folIowslMEURO/:
National budget: 16.5
National environmental Proteetion Fund: 25
The relative share ofthe expenditures for environment (from local sourees) from
the GDP for the last 2 years is as follows:
1997 -1.0%
1998 -1.3%
1999 - 2.0%
The need of additional investments in the environment for all eeonomie seetors in
Bulgaria is evident. It is eonditioned by the important requirements eoneerning
environmental proteetion and management, faeed by affeeted eompanies.
It should be stressed that the study of the funds needed for implementation of the
European Community's requirements eoneerning environmental proteetion and
management shows that they eonsiderably exeeed the possibilities of existing
national finaneial resourees: State and municipal budgets; National Environmen-
tal Proteetion Fund (NEPF) and eompanies' resourees. It is evident that addi-
tional external sourees of funding are needed. To ensure them, Bulgaria will rely
on financial instruments of the European Union (including pre-aeeession funds
182 Slavitza Dobreva
d. Product charges
For used tires were already introduced in 1999
For used batteries were introduced at the end of 2000 and came into force
since 01.01.2001
It is envisaged product charges for packaging
e. The charges for the right to use the water and/or perrniued use of water object
are introduced in 2000.
The charges concern the use of the water as a natural resource and its value as
such. The adopted level of charges determine the differentiation of the charges in
accordance with the objectives for use of water basin and is related with its influ-
ence on the water as a natural resource.
The relevant shares of the investment expenditures for sectors water, air and waste compared
with the total investment expenditures made by the NEPF are as follows:
1999 2000
MEURO % MEURO %
Water 14.3 56 13.3 51.75
Air 1.6 6.27 2.3 8.95
Waste 4.7 18.43 7.2 28
Others 4.9 19.3 2.9 11.3
Total 25.5 100 25.7 100
The objective of the Fund is to manage the resources intended to finance projects
for improvement of the state of environment in Bulgaria. The funds raised are
usually used for: financing investment in environmental projects of national;
remediation of past contaminations, and past environmental damages; provision of
facilities designed for environmental purposes; provision of technologies for ensUf-
ing lowest emission values under demonstrated industrial conditions; biodiversity
activities and conservation of protected areas; supporting the activities of economi-
184 Slavitza Dobreva
Funds, envisaged in the NDP - 2000 - 2006 for investments in the environmental sector,
MEUR
Period 2000 2001 2002 2003 2004 2005 2006 Total
forthe
period
National 12.6 13.9 13.9 14.4 10.6 9.9 8.9 84.2
budget
NEPF 19.9 21.4 25.0 27.5 29.3 29.3 29.3 181.7
Municipali- 4.2 4.7 5.1 5.6 6.1 7.1 7.1 39.3
ties
Companies 144.9 175.3 169.2 175.0 185.4 195.6 195.6 1,235.0
ISPA 45.0 45.0 60.0 57.5 52.5 42.5 42.5 350.0
Loans 23.0 23.0 28.0 8.0 8.0 8.0 8.0 106.0
TOTAL 249.6 283.3 301.2 288.0 291.9 290.8 291.4 1,996.2
Bulgaria's accession to the European Union 185
100
90
...w
80
70
60
r.iWI -
50
40 -
30 ~
."
-
20 I-- -
--
10 f-- -
o '""-
1991 1995 2002
Umweltbildungseinrichtungen
im Land Brandenburg
Natur- und Umweltzentren, Besucher-Informationszentren, Schul -
landheime, Waldpdagogische Einrichtungen, Weitere Umwelt-
bildungseinrichtungen, Jugend- und Freizeiteinrichtungen
~
Arbeilsgemeinschafl
Natur- und Umwehbildung ( A U)
Landesarbeil 'ge meinschaft BrandenbllJg e. v. ANU
Figure 2. Catalogue of Environmental Education Centers
Environmental Education in Brandenburg 189
Land Brandenburg
Katalog der Umweltbildungseinrichtungen
Stand: Dezember 1997
._. ..,,-_...
.-
. -~
wH ' ! i"'~
JugonO- .....- . -
.- . ......
--- -
Figure 3. Distribution of the Centers in the County of Brandenburg
Structure
Nature- and Environrnental Centers
Visitor-Centers
Forest-Educational Centers
School Land Hornes
Further Centers
190 Carolin Schilde
topics are offered like ecological building, healthy nutrition, ecological agricul-
ture, regenerative energies Auenoekologie or ecological model municipality.
There are Visitor Centers are in our 15 nature parks, 3 biosphere reservations and
we can find them in connection with our large protected area, the national park
"Unteres Odertal". By law and regulation they inforrn about targets and functions
ofthe protected areas. They were supported by our Oeko-Rangers.
In the state of Brandenburg, there are 27 forest schools, 5 forest theatres, 2 forest
museums, 19 school forest and other forest-educational supplies. These struc-
tures are closely linked with the forest state office.
Schoolland hornes as holiday camps are destination for class travels for children
and young people. They offer the possibility for meeting nature by their natural-
space position. There are 23 schoolland hornes in the state.
Other centers, like school farms, leisure facilities or special youth centers com-
plete the supply in our state.
Together with the free carriers, which had organized themselves in a country-
wide working group for nature and environmental education, quality criteria
were compiled and co-ordinated as weIl as developed advanced training for paed-
agogues and multiplicators. Cooperations with the free carriers took place in
frarnework from annual trade conferences, in the course from project promotions
and by means of the tuning from target lists of actions.
~ ..
M _..... 11Nf'I ,...... IIIM ____. . . .
. . U" .... ldalJ:.
While in the first 3 years a lot of financial support was available, these became
decreasingly since 1993. In addition showed up financial support in the promo-
tional practice, that it is not sufficient to promote only model projects. It would be
better to transport the results into the whole state. Therefore the environmental
education was extracted from the model project guideline. Its own guideline was
created. From today's view it was a double correct decision, because the model
project guideline doesn' t exist since 1996.
Financial Programs
2.500.000
2.000.000J . l - - - - -
1.500.000
in DM _ _--I 0 Fin. Educ. Program
1.000.000 Lottery
500.000 - - - - I Labour Pro amm
o
1998 1999 2000
The program of labour policy became the 3. Place 1998 of financial means for
envirnmental education. This as a temporary solution favoured and used guide-
line offers the promotion of labour costs. Over 300 places in environmental cent-
ers were subsidies since 1998. However this financing model is afflicted with
many lack. So it can be recommended only as a temporary solution. The time is
again ripe to adapt the financing models to the requirements in the reality. There-
fore we are working on a model which guarantee a high quality level to the envi-
ronmental educational facilities. That's even in times of scarce checkouts a very
difficult and lengthy venture, but we remain to!
References
ANU, MLUR (Hrsg.), Katalog der Umweltbildungseinrichtungen im Land Brandenburg, Pots-
dam 1998
BLK (Hrsg.): Bildung fr eine nachhaltige Entwicklung, Gutachten zum Programm von G de
Haan und D. Harenberg, FU Berlin, Materialien zur Bildungsplanung und Forschungs-
frderung, Heft 72, 1999
BMU (Hrsg.), Umweltpolitik, Konferenz der Vereinten Nationen fr Umwelt und Entwicklung
im Juni 1992 in Rio de Janeiro, Dokumente, Agenda 21
DBU (Hrsg.), Jahresbericht 2001
Gahsche J.: ANU LV Brandenburg, Handbuch fr umweltbezogene Bildungs- und Beratung-
sarbeit im Land Brandenburg, Potsdam 1996
Gemeinsame Richtlinie des Ministeriums fr Arbeit, Soziales, Gesundheit und Frauen, des
Ministeriums fr Bildung, Jugend und Sport, des Ministeriums fr Landwirtschaft, Umwelt-
schutz und Raumordnung, des Ministeriums fr Stadtentwicklung, Wohnen und Verkehr
und des Ministeriums fr Wissenschaft, Forschung und Kultur ber die Gewhrung von
Zuwendungen fr Strukturanpassungsmanahmen nach den 272 ff. des SGB m, Pots-
dam200
Haan, G de, Giesel, K., Rode, H.: Evaluation der auerschulischen Umweltbildung in Deutsch-
land, Empirische Studie, Berlin, Mrz 2000
Linneweber, v., Kals E. (Hrsg.): Umweltgerechtes Handeln, Barrieren und Brcken, Springer
Verlag 1999
Richtlinie zur Gewhrung von Finanzhilfen des Ministeriums fr Landwirtschaft, Umwelts-
chutz und Raumordnung des Landes Brandenburg fr Vorhaben zur Frderung der Umwelt-
bildung, -erziehung und -information
Schleicher K. (Hrsg.): Umwelterziehung, kologisches Handeln in Ballungsrumen, Lemorte
in der Umwelterziehung, Bd. 6, Verlag Dr. Krmer 1992
Schleicher K. (Hrsg.): Umwelterziehung, kologisches Handeln in Ballungsrumen, Die
Zukunft der Umwelterziehung, Bd. 7, Verlag Dr. Krmer 1994
Landscape planning in Eastern Europe - an
established instrument for nature protection in
Germany and its potential as a model for
regulating nature protection and landscape
conservation in Central and Eastern Europe
Matthias Herbert
1. Introduction
The protection of nature and the conservation of landscapes together form the
basic principle upon which EU environmental policy is founded, as witnessed by
developments in EU regional planning and agrlcultural policy. This priority has
likewise to be adopted by EU accession candidate countries. Although individual
accession candidates have already committed themselves to comply with specific
EC directives (notably Directive 97/11IEC on the Environmental Impact Assess-
ment of Certain Public and Private Projects of 3 March 1997 and the Flora Fauna
Habitat Directive 921431EEC of 21 May 1992), there is still uncertainty as to how
both the directives and the general requirements of nature and landscape protec-
tion are to be implemented in these candidate countries in such a way that EU
demands are fulfilled.
Through the European Council, the EU member states have repeatedly debated
how best to ensure effective nature and landscape protection is practised on a
comparable level throughout Europe, in accordance with international agree-
ments and conventions. Arecent example which shows how seriously this matter
is taken is the European Landscape Convention, adopted on 19 July 2000 and
signed in Florence on 20 October 2000 by 18 countries. Further conventions,
agreements and political declarations of intent, such as
the Convention on Biological Diversity or
the Paneuropean Biological and Landscape Diversity Strategy (PEBLDS),
have also to be considered in this context and observed by all Europeans.
Other European initiatives at specialist level include
the European Cooperation in the field of Scientific and Technical Research
(COST), Action 341: "Habitat fragmentation due to transport infrastructure",
Infra Eco Network Europe (IENE), or
the pilot study of the NATO Committee on the Challenges of Modem Society
(CCMS) on the environmental impacts of certain public activities.
At the same time, the strong economic and infrastructure orientation ofthese ini-
tiatives underlines the enormous development pressure feIt throughout the EU
196 Matthias Herbert
and its area of expansion; the task on hand is how to release this pressure in a
manner which is compatible with the needs of the environment and nature pro-
teetion.
The German nature proteetion instrument of landscape planning will be used here
as an example for the potential lessons which can drawn from an instrument
whieh is weH and truly established at national level in respeet of nature proteetion
and environmental poliey at EU level. It is not the intention here to transplant, in
toto, alandseape planning eoneept aeeording to a German or any other national
model already established in Europe, but rather to investigate how elements of
the instrument (e.g. sources of information and evaluation eriteria) and its posi-
tive effeets eould be applied in future EU member states to protect nature and
landscapes in the face of fieree pressure to promote eeonomie development.
As a first step towards the harmonization of nature proteetion and environmental
poliey in the EU, the eontent and form of the systems eurrently in use in Europe
have to be compared. The patehy, fragmentary impression left by this eomparison
of systems refleets the seant progress made to date in the harmonization of EU
nature proteetion poliey. Mueh remains to be done in the next few years if nature
and landscapes are not to be saerifieed to the (admittedly neeessary) further eeo-
nomie development of the EU and its expansion area 1
1 The Federal Authority for Nature Protection (Bundesamt fr Naturschutz - BfN), in coop-
eration with the Federation of German Landscape Architects (Bund der Deutschen Land-
schaftsarchitekten - BOLA) and the Institute of Landscape Conservation and Nature
Protection at the University of Hannover, supports the establishment of an information
and exchange platform for present and prospective EU member states in order to facilitate
this transfer of methods and experiences.
A German nature proteetion instrument as a model for CEE countries 197
2 The Convention on Biological Diversity. the EU Bird Protection Directive and the Flora
Fauna Habitat Directive are deliberately excluded from this discussion. as it is presumed
the reader is familiar with their provisions.
198 Matthias Herbert
Action Theme 2 of the first Action Plan (1996-2000) was "Integration and con-
sideration of biological and landscape diversity in the sectors", while Action
Theme 4 concemed landscape protection and the drafting of guidelines.
EU Landscape Convention
The Convention is sweeping in scope, covering alliandscapes, not just unusual
but also "usual" and disturbed landscapes.
Its commitments include:
legal recognition for landscapes as lebensraum for humans;
protection, conservation and development as the aims of landscape policy;
public participation; and
integration of landscapes in other policy areas, including urban and regional
planning.
As this list shows, here "landscape" is understood as going far beyond the cul-
tural history sense of the term. The Convention stresses that the integration of
nature protection and landscape conservation in other policy areas has to be taken
seriously.
The actual regulations contained in the Convention fall short of German stand-
ards of nature protection and landscape conservation. In its original version, the
EU Landscape Convention actually provided for a list of "landscapes of Euro-
pean significance" to be drawn up, including obligations for national govem-
ments to place them under special protection.
In the course of negotiations, Germany saw the Convention as an opportunity to
use the commitments it provided for to push ahead with the development of
A German nature protection instrument as a model for CEE countries 199
instruments for national legal regulations for the protection of nature and land-
scapes in CEE countries where such regulations were largely rnissing.
This view of the EU Landscape Convention, together with its broad territorial
scope, does in fact offer a starting point for the possible transfer of methods and
experience in the form of the instrument of landscape planning as a means to
implement the Convention itself. Indeed, how else could these countries meet the
comrnitments mentioned above without administrative instruments, no matter
how ineffective?
Alps Convention
Signed in 1992, the Alps Convention is a multinational agreement with the aim of
promoting the protection and development of the Alpine region. The Convention
has since been ratified by all eight Alpine countries and by the EU. Article 9 reg-
ulates interferences with or impairments of nature in the section headed "Nature
protection and landscape conservation". On the one hand, this regulation is mod-
elled on that in German nature protection law which provides for compensatory
measures to counter-balance such impairments, while on the other hand the pro-
cedure agreed upon by multinational consensus for protecting the Alps and deal-
ing with the consequences of impairments plays an important role.
Article 9 accords top priority to refraining from (all) avoidable impairments fol-
lowing the precautionary principle. Non-avoidable, considerable impairments
shall be counter-balanced by compensatory measures. Should this not be possi-
ble, then the various vested interests have to be weighed up and ranked in order,
whereby the protection of nature and landscapes shall be accorded high standing.
Even if the immediate protection requirements are satisfied, further measures for
the protection of nature and the conservation of landscapes must still be under-
taken. It only remains to hope that this example of multinational agreement in the
case of the Alpine region may prove helpful for other European countries.
Concrete target objectives have been defined for the following policy areas,
among others, at federallevel with the intention of implementing them:
federal buildings and facilities,
energy,
sport, leisure, tourism,
agriculture,
protection of nature, landscapes, heritage,
regional development,
regional policy,
transport,
water services, hydro-engineering.
Apart from the particular form and method adopted by landscape planning in
Switzerland, it is above all the binding character and seriousness of the intentions
of the Swiss landscape concept which stand out. This aspect must not be omitted
in further discussions on instruments for the protection of nature and the environ-
ment in the EU.
s. Selected examples
5.1 Coping with environmental impacts - an international
comparison
This was the title of a research and development project undertaken by the Ger-
man environment organization BiN and completed in the year 2002. Starting
with research throughout Europe and incorporating the findings of similar inves-
tigations in the USA, laws, regulations, guidelines and specialized concepts
which concurred in whole or at least in part with the basic principles of the Ger-
man interference regulation were collected and compared. The second stage
involved checking feasible measures by interviewing experts about their actual
implementation in the respective countries. The project ended with an interna-
tional workshop at which the results were presented and discussed with a panel of
German and international experts.
The first conclusion that could be drawn from the research project was that in
some cases the prescribed procedural steps are identical to the German system,
but in other cases some steps are missing. All regulatory approaches analysed
accord top priority to the avoidance of interferences. A variety of indicators are
used as a basis for quantifying reduction and compensation provisions, the most
common being pre-interference data on the biotope concerned.
To summarize, it appears that the German approach with its interference regula-
tion is gaining more and more respect at EU level, not only because of the clarity
of its provisions but also because of the decades of experience with its implemen-
A German nature proteetion instrument as a model for CEE countries 203
tation. Some countries are planning to introduce similar legislation (if they have
not done so already), others are interested in adapting the regulatory methods of
the German system. Here lies the potential for German experience in this field to
be used as a model for the international transfer of methods within the EU. An
example to show this can work in practice is the German computation method for
compensatory measures laid down by the environmental impact assessment pre-
scribed by the FFH Directive.
This handbook for landscape planning is attracting more and more attention
beyond the Lake Baikai region itself, due to the dynamic development ofboth the
legislation and the economy. Landscape masterplans provide an excellent basis
for information and evaluation data, and can thus contribute towards the devel-
opment of an environmentally compatible licensing procedure for projects in the
absence of any other practicable alternatives.
6.0utlook
Europe, and particularly the EU, is a highly dynamic zone marked by
anticipated developments in industry, agriculture and infrastructure in the
wake ofthe eastward expansion ofthe EU,
principles of regional development founded on economic policy, and by
considerable pressure in further Eastern European countries to push their eco-
nomic development, not always without serious negative impacts on ecosys-
tems and landscapes.
In Preparation