Journal number 1 ∘ Ramaz Abesadze ∘ Nana Bibilashvili ∘
Problems of environmental protection in the EU

DOI:  10.36172/EKONOMISTI.2021.XVII

Annotation. The European Union plays a major role in solving the world's environmental problems. The paper examines nature protection policies and legislation in the EU;  EU Environmental Action Programs and EU environmental institutions

Keywords: The European Union; Sustainable development; Environmental protection; Environmental policy; Maastricht Treaty; Amsterdam Treaty.

Introduction

One of the global problems of the XXI century is the problem of environmental protection. In the past, nature was used to meet the growing needs of human beings without any restrictions, which brought humanity to the brink of disaster. It is necessary to make fundamental changes in all elements of the economic system in order to avoid global environmental problems.

At the present stage all over the world, individual countries, international organizations are looking for ways out of this impasse. Examples of this are the setting and implementation of sustainable development goals and objectives, the processes of formation of “green” and “circular” economics, etc.

It can be said that the economy is moving to a new technical, technological, institutional and so on stage due to the need to take into account environmental requirements. Otherwise human society is in danger of catastrophe.

The EU has a leading position in solving this extremely difficult problem in the world and plays an important role.

EU policy and legislation in the field of environmental protection

Environmental policy in the EU is developed taking into account the specifics of regions and countries. Once the policy has been developed, the EU member states will finance and implement the adopted policy.

At present, the EU has the right to cooperate internationally in the field of environment, although initially (at the time of its establishment) this right was granted only to a single member state.

Due to the aggravation of the environmental crisis and the fact that environmental problems have no state border, it became necessary to carry out environmental measures at EU level. In 1972, the Council of Heads of Government of the Member States of the European Union decided to extend the powers of the European Union, including on ecology. It has acceded to various international conventions in the field of environment. The development of unified policies, legislative acts and norms, empowerment of EU institutions in this area has begun [Матвеева   Е.В..   2010].

Subsequently, the EU's role was significantly expanded, first under the Maastricht (1992) [Maastricht Treaty 1992] and then the Amsterdam (1996) [Vanhoonacker S.2012] treaties, which made sustainable development the main objective of the Union. The main objectives of the EU environmental policy are also: protection of the environment and human health; Rational use of natural resources; International Ecological Cooperation. Principles of EU environmental activities have been developed: the principle of subsidiarity, according to which the Union should carry out environmental activities in areas where a single country can not resolve the issue; Principle of warning action, which implies warning; Prevention of environmental pollution; The precautionary principle, according to which preventive measures should be taken even in the presence of an expected hypothetical ecological threat; Principle of liquidation and compensation for damage to the environment. In case of impossibility of avoiding the damage, minimize the damage and limit its spread, finally eliminate its consequences; The principle according to which compensation is paid to those who have caused damage to nature; Compensation for damages resulting from the destruction of the source of the damage; The principle of integration, which includes the involvement of environmental issues in solving other problems. Areas of general competence were recognized: climate change; Violation of the ozone layer of the Earth; Decrease in biodiversity; Reduction of technical accidents; Freshwater resources management; Degradation of forests; Coastal Zone Management; Waste production and disposal, city ecology.

Environmental law[Стеблов А. Л. 2010] is an integral part of EU law, created as a result of integration processes, it is in line with the law of international and member states. However, the legal acts of the Union have greater force than the legislative acts of the member states. The main legal act in the field of environment is the special section of the EU Treaty on Environment, where: Objectives and principles of environmental policy; The high level of environmental protection is regulated, however, some exceptions are allowed due to the peculiarities of the regions; The legal basis of nature protection measures and procedures is presented; Allows Member States to take more stringent nature protection measures, of which they must notify the European Commission.

In general, the EU treaty reflects the problems of environmental protection quite well. It states that the EU strives for harmonious, balanced and sustainable economic development, with a high level of environmental protection.

The main areas of EU directives on the environment are: air and water quality management; Nature protection; Waste management; Chemicals management; Genetically modified organisms, etc.

Many normative acts (directives, etc.) deal with water and air quality control, waste disposal, industrial discharges, biotechnology safety, noise reduction, and other spheres.EU member states adopt these directives for strict implementation, which has a positive impact on the environmental status of these countries.

EU Environmental Action Programs 

Since 1972, the EU has been developing environmental action programs. The Council of Europe adopted the first EU Environmental Action Program (EaP1), covering the years 1973-1977. Goals, objectives, principles and priority directions of ecological activities were defined. The program also contained a number of key elements of the concept of sustainable development adopted by the UN since the 1990s. A number of acts were also adopted in 1973, which reflected at the EU level the procedures for assessing the negative impact on the environment, emission standards, etc.

The Second EU Environmental Action Program (EaP2), covering the years 1977-1981, was a continuation of the first, which also focused on water and air quality and waste issues. The crises of 1975-1978, 1981-1983 significantly reduced the results of the implementation of this program, but, nevertheless, they played a major role in the implementation of the EU environmental policy.

The Third Environmental Action Program (EaP3), covering the years 1981-1986, reflects significant changes in the EU's environmental policy. It is more closely related to the domestic market. It set out for the first time the overall environmental strategy and action of the Union, which is aimed at preventing and not managing losses. It indicates the need to harmonize standards, etc.

In The fourth Environmental action Programme – EaP (1986-1993))recognized the shortcomings of existing programs and reflected further positive changes in environmental policy. In particular, the environmental factor was first recognized not as a mere addition to the production process, but as an integrated part of it. This specifically meant reducing the energy- and material capacity of products, minimizing waste. "Sectoral approaches" to environmental protection were developed through environmental impact analysis of individual sectors. Incentives - taxes, subsidies, trade permits were first identified. In this program, environmental policy is perceived not as a separate but an integral part of economic decisions.

The EU's Fifth Environmental Action Program (EaP5) (1993-2000)), entitled “Towards Sustainability”, was developed in parallel with the implementation of the Rio Conference and Agenda 21 (1992). Its main task was to adopt a sustainable development model for the Union, with environmental issues at the forefront, especially for the poor, as they are most vulnerable to pollution and environmental catastrophes. Its main innovative elements also include: realization of the main goals of sustainable development; Focusing on the most polluting sectors (transport, energy, agriculture, etc.); Introduction of new market instruments for environmental stimulation; Public awareness; Reducing emissions of pollutants in the short and long term; Two priorities of this program can be distinguished: transition from traditional approaches (elimination of negative consequences) to new approaches (pre-actions - warning of expected results; Integration of environmental policy with economic sector policies; New approaches were also reflected in the concerted use of tools used in environmental policy. These tools are: introduction of legislative environmental standards, integration of environmental policy with sectoral policy, territorial planning; Economic (encouraging the ecology of production and consumption, internalization of economic costs); Horizontal (dissemination of information about negative impact, education, research) and financial (taxes, fees). The following categories of market instruments have been developed by the program: Taxes; Benefits that encourage sustainable production systems and the production of eco-products; Environmental audit.

The EU Sixth Environmental Action Program (EPa6 (2002-2012)), entitled "Our Choice - Our Future", addresses environmental issues such as climate change, biodiversity and over-consumption of existing legislation. Together  it requires a broader approach. Attention should also be paid to key issues such as pesticide, resource, recycling, soil, urban, marine and fresh air problems. The basic conceptual and practical basis of this program is: High degree of implementation of environmental legislation in the EU; Full integration of the principles and objectives of environmental policy with other policies to be pursued; Ensuring active dialogue and transparency of information with the whole society; The EU Seventh Environment Program (2012-2020) sets out three key objectives: to protect, preserve and reproduce natural capital; Transform the union economy into a resource-saving, environmentally friendly and competitive low-carbon economy; Protect the citizens of the Union from the risks of health and well-being from the environment.

The Seventh Environmental Action Program - EaP6[Seventh...3013; Environment.. 2020]seeks to drive sustainable economic growth by integrating resource efficiency across policy areas, such as waste, industry, raw materials and agriculture. It marks an important turning point in EU environmental policy, which previously focused on specific environmental issues in isolation. sets out nine priority objectives for EU environment policy up to 2020. One of the priorities is to turn the EU into a resource-efficient, green and competitive low-carbon economy.

As a result of the implementation of programs, air, water and soil pollution has significantly been reduced.  Today, EU citizens enjoy some of the best water quality in the world and over 18% of EU's territory has been designated as protected areas for nature.

  Work on the EU's 8th Environment Action Programme (EaP8) has begun [For the European…]. The 8th EaP will serve as a guide for environmental and climate policymaking and implementation until 2020. The six thematic priority objectives of the 8th EAP concern greenhouse gas emissions reductions, adaptation to climate change, a growth model that gives back to the planet more than it takes, a zero-pollution ambition, protecting and restoring biodiversity and reducing key environmental and climate pressures related to production and consumption. 

Four so-called "activators" will help Europe achieve these goals: Best implementation of legislation; The best information as a result of improving the knowledge base; More and more reasonable investments in the field of ecology; Full reflection of environmental requirements and considerations in policies.                              

EU environmental institutions 

Ecological questions concern the highest institutes of the the European Union: European Parliament, European Commissions, European Court, etc. Also in 1993, a special body was established - the European Environment agency -  (ЕЕА),and in 1994 its partner, European Environment Information and Observationnetwork (EIOnET), which collect, process and analyze information on the state of the environment on the continent of Europe, as well as relevant measures. The European Investment Bank, the Regional Committees and the Committee on Economic and Social Affairs are actively involved in the activities of these organizations.

The European Investment Bank mainly provides loans, loans and guarantees in the field of nature protection and sustainable development to the EU and its regions.

In 1981, Directorate-general for the Environment of the European Commission was established within the European Commission. The main directions of its activities are: solving common environmental issues; Advising the European Commission on environmental issues;  Processing and analysis of reports and other documents submitted by the European Environment Agency and other organizations; Analysis of possible financial costs incurred in nature conservation activities; Ensure the implementation of harmonized environmental policies in the countries of the Union and the observance of its requirements; Harmonization of member states' environmental legislation; Support for the environmental education system; Realize and support information exchange and knowledge dissemination.

There are many standing committees in the European Parliament that draft legislation and engage in a variety of activities in the field of environment and nature conservation. For example: Commission for Environment, Health and Consumer Protection (Nevi). It is the most important commission, as it covers the largest area of legislative activity on environmental issues and exercises control over the implementation and implementation of legislative acts; The Commission on Civil Liberties and Rights, Justice (LGB), which protects human rights, including environmental rights; The Committee on Economy and Finance (ECOn), which, among other issues, deals with the assessment of nature conservation measures and the sale of nature conservation equipment, etc .; Legislation and internal market Commission; Industry, Foreign Trade, Energy and Research Commission (ITRE), which is engaged in scientific research activities - new energy and resource savers, introduction of nature protection technologies, energy and nuclear safety, as well as international trade in nature protection technologies; The Commission for Agriculture and Urban Development (AGRC), which will study the issues of rational management of agriculture, sustainable development of cities and megacities; The Fisheries Commission (PECh), which deals with the rational use of fish resources; The Commission for Regional Policy, Transport and Tourism (GTT) carries out activities in the field of regional environmental policy and transport safety; Committee on Culture, Youth, Education, Sports and Mass Information (CSTO), which is engaged in environmental education and development of environmental programs. 

Gradually, an integral part of any EU policy becomes the ecological component, as if it were being transformed into an 'ecological union'. Member states are also obliged to take environmental issues into account in their normative acts.

Environmental policy issues are coordinated by the EU Commissioner for Environment. Environmental policy instruments include normative acts and documents such as conventions, directives and regulations.

Conclusions 

1. In the past, nature was used without any restrictions, which put humanity in a state of catastrophe. It is necessary to make fundamental changes in all elements of the economic system in order to avoid global environmental problems.

2. The EU has a leading position in solving this extremely difficult problem in the world and plays an important role.

3. In 1972, the Council of Heads of Government of the EU Member States decided to extend the powers of the EU, including on ecology.

4. At present, the EU has the right to cooperate internationally in the field of environment, although initially (at the time of its establishment) this right was granted only to a single member state.

5. The EU's role was significantly expanded, first under the Maastricht (1992) and then the Amsterdam (1996) treaties, which made sustainable development the main goal of the Union. Principles of EU environmental activity have been developed. The areas of common competence were: Climate change; Earth's ozone depletion; Biodiversity reduction; Reduction of technical accidents; Freshwater resources management; Forest degradation; Coastal Zone Management; Waste production and disposal, urban ecology.

6. Environmental law is an integral part of EU law. The main legal act in the field of environmental protection is a special section of the EU Treaty - on the environment, which sets out the objectives and principles of environmental policy.

7. The main areas of EU directives on environmental protection are: air and water quality management; nature protection; Waste management; Chemicals management; Genetically modified organisms, etc. EU member states adopt these directives for strict implementation, which has a positive impact on the ecological situation of these countries.

8. The EU has adopted 7 EU Environmental Action Programs since 1973, which highlight the most important environmental measures implemented and to be implemented by the EU and which have made a significant contribution not only to the protection of the EU but also to the world's nature.

9. The highest institutions of the European Union are engaged in environmental issues: the European Parliament, the European Communities, the European Court of Justice, as well as the European Environment Agency (EEA) and its partner in 1994, the European Environmental Information and Monitoring Network, European Investment Bank, Regional Committees and Committee on Economic and Social Affairs, Directorate-General for the Environment. There are several standing committees in the European Parliament: the Committee on the Environment, Health and Consumer Protection; Commission on Civil Liberties and Rights, Justice; Committee on Economy and Finance; Legislative and Internal Market Commission; Committee on Foreign Trade, Energy and Research; Agriculture and Urban Development Commission, Fisheries Commission, Regional Policy, Transport and Tourism Commission; Commission on Culture, Youth, Education, Sports and Mass Information.

10. Gradually, an ecological component becomes a part of any EU policy, as if it is being transformed into an "ecological union". Member States are obliged to take environmental issues into account in their normative acts. Environmental policy issues are coordinated by the EU Commissioner for Environment.

11. Environmental policy instruments include normative acts and documents such as conventions, directives and regulations. 

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