The Commission calls for better enforcement of EU environmental rules

Today, the Commission published its third Environmental Policy Implementation Review (EPR), a key reporting tool that supports environmental law enforcement and helps raise awareness of the importance of enforcing environmental rules. Bridging the gap between what is decided at Union level and what is implemented in practice is essential to ensure positive environmental outcomes for citizens, as well as to maintain a level playing field for businesses while creating opportunities for economic growth.

Environment, Oceans and Fisheries Commissioner Virginius Sinkevičius said: “This year’s review of the implementation of environmental policy is a call to action. While it shows that some progress has been made since the previous review, I am concerned that in other areas the implementation gap is still widening, making us even more vulnerable to environmental pollution and related risks. This analysis provides Member States with the tools and information they need to improve implementation and better protect health and the environment. Let’s put it to good use!”

This Environmental Policy Implementation Review (EPR) draws conclusions and identifies common trends at EU level, based on 27 individual country reports that present the state of implementation of EU environmental law. It includes a wealth of information on how well EU governments protect the quality of the air citizens breathe, the water they drink and the nature they enjoy. In addition, the overview sets out priority actions to improve the situation in each Member State.

Current situation in the main areas of environmental policy

Biodiversity in the EU continues to decline. Some of the habitats assessed as being in the worst condition across the EU are semi-natural grasslands, upland and low moors and bogs. Forests are under enormous pressure and most Member States need to further accelerate their efforts to complete their Natura 2000 networks.

Water: progress towards good water status is slow and some Member States are delaying the introduction of key instruments to tackle this problem, in particular river basin management plans. Similarly, Member States are required to approve their flood risk management plan in a timely manner in order to better manage flood risks in their country. In addition, implementing rules for drinking water are still a source of concern in some countries. In addition, the implementation of EU rules on nitrate pollution and urban wastewater treatment is slow due to insufficient planning and infrastructure, despite the availability of EU funds.

Circular economy: while most Member States have national circular economy strategies and action plans, there are significant differences between Member States in terms of resource productivity rates and rates of circular material use. Productivity rates measure how efficiently an economy uses resources for production, while material recycling rates measure the percentage of materials that are recovered and reintroduced into the economy. Further action is needed to improve the recycling potential of plastics, building materials and textiles. Waste prevention remains a major challenge for all Member States, while in some countries the issue of substandard landfills still needs to be addressed.

Air pollution continues to be a major health problem for Europeans. Member States must meet air quality monitoring requirements in a systematic and consistent way to better enforce clean air policies at national and EU level. Achieving compliance requires stringent measures such as the transition to sustainable mobility with renewable energy sources, as well as the introduction of low-emission agricultural techniques, including for livestock, manure and fertilizer management.

Climate: overall, there is a good level of implementation of climate legislation across the EU; it is now important to agree and implement the package of measures to achieve the 55% reduction target set out in the 2030 climate legislation. However , adaptation efforts in each Member State and at EU level must be stepped up to address the harsh reality of increasing climate impacts. Taking appropriate measures to prevent and/or minimize the damage caused by climate change brings significant economic, environmental and social benefits.

Factors that make implementation possible

Many Member States need to ensure that more financial resources are made available to meet investment needs across all environmental goals and priorities. For the first time, this ERA compares, for each Member State, the funding available for the implementation of environmental legislation with the investment needs. The investment needs in the EU to achieve the environmental goals amount to 110 billion euros per year. Almost two-thirds of the environmental investment gap concerns tackling general pollution and the protection and management of water systems.

Adapting and strengthening the administrative capacity of Member States is key to achieving compliance with and enforcement of EU law, while ensuring effective access to justice at national level is essential to the implementation of environmental legislation. These are the pillars of environmental governance. There is still room for improvement in most Member States in terms of improving public access to courts to challenge decisions, acts or omissions, particularly in the areas of planning related to water, nature and/or air quality. Most Member States also need to better inform the public about their access to justice.

Record

The first Environmental Policy Implementation Review was adopted in February 2017. The EPA is in line with the Commission’s Better Regulation policy, which focuses on improving the implementation of existing legislation and related policies. Following its adoption, several Member States organized National Environmental Policy Implementation Review Dialogues (ENPRDs) on the priority issues highlighted in their reports. In many cases regional and local authorities as well as key stakeholders were involved.

The Commission works with Member States to help them better implement environmental policies and environmental rules through the EPA process. When the agreed rules are not applied correctly, the Commission is entitled to initiate legal proceedings.

Lena Flitzani

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