Environmental Policy Environmental legislation and enforcement Environmental

Environmental Policy. Environmental legislation and enforcement

Environmental Policy 7 th Environmental Action Programme 2013 -2020 (EU) Tackling climate change Protection of human health Protection of biodiversity Managing resources Ecological modernization

Background Environmental degradation is the result of the way in which resources have been used in modern industrial society. Problems have arisen over time as a result of industrial practices, transport developments, energy usage, urban development and modern agricultural practices. Environmental Policy (EP) – response to these problems. Seven Environmental Action Programmes have been introduced to provide strategic guidelines for the policy.

7 th Environmental Action Programme 2013 -2020 Adopted in 2013 Outlined strategy for EU’s environmental policy until 2020 “Sets new targets for climate and energy, resource use and a wide range of new measures to make products more efficient, longer lasting and easier to repair and recycle, reduce waste production, to protect citizens more effectively from hazardous chemicals including nano materials, restore Europe’s biodiversity and protect oceans from marine litter. ”

EU and Environmental policy is one of the most important and far -reaching areas of EU legislation. The EU is the leading authority in this area with up to 80% of UK legislation on environmental affairs estimated to come from the EU. Critics of EU environmental policy question the efficiency of some measures, arguing that the cost of complying with these regulations leaves European business uncompetitive, especially in the face of increased competition from countries such as China and India, which do not have such strict environmental rules.

What does EU environmental policy do? (1) The EU has passed legislation aimed at improving the quality of water, tackling air and noise pollution, assuring the safety of chemicals, setting standards for waste disposal and protecting the EU's native wildlife and plants. The current EAP, which runs from 2002 -2012, identifies four environmental areas for priority action: climate change; nature and biodiversity; environment, health and quality of life, and natural resources and waste (the EU Landfill Directive requires states to reduce landfill waste by 50% from 1995 levels by 2013 and 65% by 2020). The EU has also taken a leading role in global environmental negotiations, especially the signing of the Kyoto Protocol. At the 1997 UN Conference on Climate Change in Kyoto, Japan, the EU committed its members to reducing greenhouse gas emissions by 8% by 2012, compared to levels in 1990. The 2008 EU Climate Change package established the '20: 20 targets' for 20% of energy to come from renewable sources and committed to reduce greenhouse gas emissions to 20% by 2020.

What does EU environmental policy do? (2) EU measures to meet such commitments include the Emisions Trading System (ETS), created in 2002. This system limits the amount of carbon dioxide (CO 2) firms can produce in 6 key industries: energy, steel, cement, glass, brick-making, and paper/cardboard production. The 2008 EU Climate Change package added aircraft emissions to the ETS from 2012. The EU also supports reducing CO 2 emissions through Carbon Capture and Storage (CCS) to bury emissions so they don't enter the atmosphere. In 2008 the EU reasserted a commitment to reduce the amount of CO 2 emitted from new cars and to fine manufacturers for each gram of CO 2 they produce over the target (€ 20 in 2012, € 95 in 2015). In 2009, the European Court of Justice ruled that EU states can set their own limits on CO 2 emissions (the EU Commission can't enforce common quotas).

What does EU environmental policy do? (3) The EU's political leaders have agreed that 20% of the EU's energy should come from renewable sources by 2020, for example 10% of road fuel is to be composed of biofuel by 2020. All major economies pledged to reduce emissions, although no legally binding decision was reached.

History Environmental policy is a relatively recent EU policy area. 1972 - first series of European Environmental Action Plans (EAP). 1986 - Single European Act = beginning of a more prominent role for environmental protection in EU policy-making, introducing the principal that environmental protection should be considered in all new Community legislation. EU environmental policy was expanded by the Treaties: 1992 - Maastricht & 1997 - Amsterdam, which made sustainable development one of the EU's central objectives. Sustainable development also forms a key part of the Europe 2020 Strategy, which underpins all EU policy regarding the single market. 2007 - The Lisbon Treaty reiterated the objective of sustainable development 2010 - EU renewed a number of environmental directives to ensure they comply with the Lisbon Treaty.

Facts and figures The EU produces around 22% of global greenhouse gas emissions and creates over two billion tonnes of rubbish a year. The EU endorsed energy efficient light bulbs by banning 100 w incandescent light bulbs in 2009. The cost of compliance with EU environmental legislation for the ten new member states has been estimated at € 100 billion. EU funding only covers 4% of this sum. 13 of the 27 EU member states are likely to meet their 2020 national targets for renewable energy capacity; however in 2010, some countries, including Italy, Belgium and Bulgaria are not on course to meet their targets.

Arguments for: The threat to the environment is global and should be tackled on an international scale - the EU plays an important role in setting this agenda. The EU's commitment to environmental protection encourages other countries to adopt similar measures. Environmental policy is one area where there is a great deal of public support for action at a Europe-wide level.

Arguments against: The cost of EU environmental regulation can undermine the competitiveness of EU businesses. The amount of greenhouse gas emissions that firms are allowed to produce under the ETS has been set too high, so firms have little incentive to cut their emissions to meet the EU's wider targets.

Quotes: 'Even the darkest sceptic has to admit that when it comes to environment policy it makes sense for states to cooperate and do things in common. ' - Dr Caroline Jackson, Member of European Parlament (MEP), 2003 'Nobody has the foggiest idea how the renewables target will be met. ' - Ernest-Antoine Seillière, Head of Business Europe, March 2007

Technical terms Sustainable development: development that meets the needs of the present population without compromising the ability of future generations to meet their own needs. Emissions Trading System: caps emissions of carbon dioxide by allowing firms that exceed their emissions limits to buy extra allowance from firms whose emissions are under target levels. Europe 2020 strategy: underpins all EU policy regarding the Single Market. It particularly aims to create jobs and an inclusive society.

Carbon Dioxide emissions by country

Carbon Dioxide emissions: per capita, tonnes

Environmental Performance review of Kazakhstan 2000 – the first Environmental Performance Review (EPR) of Kazakhstan was carried out 2007 – second review took place (discussed here) Review intended to: measure the progress made by Kazakhstan in managing its environment since the first EPR & addressing upcoming environmental challenges.

Major environmental problems in Kazakhstan The budget devoted by the Government on environmental spending (0. 5% of the overall government budget) = too low for a country where environmental challenges are considerable. Greenhouse gas emissions per GDP rank among the highest in the world; Situation around Aral Sea and Lake Balkhash; Drastic reduction of Caspian Sea sturgeon population; Land degradation; Desertification; Accumulation of untreated industrial waste; Radioactive contamination; Industrial pollution (especially from mining and heavy industries); Insufficient infrastructure for water and solid waste

Ekibastuz GRES-2 power plant

Addressing sustainable development 2006 - Kazakhstan adopted the Concept of Transition to Sustainable Development for the period 2007– 2024 (CTSD) with a long-term view, quantitative targets and indicators for the measurement of its progress. Created institutions to make this approach work, such as a National Council for Sustainable Development. The Concept is aiming at achieving the balance between economic, social and environmental goals without endangering the international competitiveness of the economy, and established a major target to bring Kazakhstan into the group of 50 most competitive countries of the world by 2012.

2007 – The Environmental Code integrated main environmental laws and regulations, both existing and recently developed. The Code contains obligations from international environmental conventions. It extends the validity of permits from one to three years; introduces the notion of integrated permitting, based on best available techniques, and a differentiated approach to regulation of large and small enterprises; It elevates the status of inspection and enforcement bodies. !!! However, so far, the integrated permitting system has only pilot status, as major procedural aspects are still under development.

Enforcement of legislation has improved thanks to institutional reforms. Recent legal changes have given impetus to reforms of regulatory approaches. Policymaking and regulatory functions are now separated, and control authorities have autonomous status except for their budgets. Kazakh authorities have broadened the use of integrated inspection, improved the design of enterprise monitoring, increased the level of sanctions and promoted social disapproval of violations. Both governmental and non-governmental actors have helped increase knowledge of legal requirements. The institutional framework for compliance monitoring has improved due to structural and procedural reforms and better allocation of resources.

Unsolved problems The regulatory requirements are not always clear and realistic. The “check and punish” strategy of compliance assurance is largely intact and related work methods have improved only marginally. The probability of discovering and responding to noncompliance in a timely manner has remained low The system of civil, administrative and criminal enforcement is still oriented towards imposing sanctions rather than improving compliance behaviour. Some concerns remain with respect to fairness, proportionality and transparency of enforcement.

Public access Kazakhstan has made significant progress since 2000 in improving public access to environmental information and involving the public in environmental decision-making. Several legal acts, regulations and detailed procedures have been introduced to enhance public participation and meet obligations under the Aarhus Convention 1. A Public Environmental Council was established to serve as a forum for dialogue, and the Ministry of Environmental Protection (MEP) cooperates with NGOs in various ways at both the national and local levels. Several NGOs were involved in public hearings during State ecological expertise (SEE) of a number of large projects. However, draft sectoral strategic documents are not submitted for public hearings, even though current legislation provides for public participation in SEE, because no detailed procedures have been established to this end. The public is often involved on an ad hoc basis, but this is unsystematic and there is no transparent and clear framework. Concerns remain with respect to the public’s access to justice on environmental matters.

Increasingly important player Kazakhstan is a party to 24 multilateral environmental agreements, 12 of which have been ratified since the first EPR. With its rapidly growing economy, the country is positioning itself as a major player both regionally and globally. One of Kazakhstan’s policy goals is to harmonize its national environmental legislation with international norms and standards, particularly those of the European Union. The country is developing policies and action plans to meet the requirements of the ratified conventions, and foreign assistance has often been sought for their implementation.

Factors for successful implementation of environmental agreements Success in international cooperation and projects is closely tied to good cooperation and coordination of activities between the MEP and other ministries. Capacity and allocated resources shall be adequate for effective implementation. On March 26, 2009 the Decree of the President of Kazakhstan had ratified the Kyoto Protocol to the UN Framework Convention on Climate Change.

Integration of environmental concerns into economic sectors and promotion of sustainable development Kazakhstan’s energy intensity remains among the highest in the world. The country’s rapid economic growth = strong increase in energy demand. Domestic energy production, mostly from the burning of indigenous coal require introduction of cleaner and more efficient technologies. Related environmental impacts are severe: air pollution resulting from the use of low-quality coal. Energy efficiency can be improved through strengthening energy-saving measures and reducing energy losses, which will lead to decrease the environmental impacts of the power sector. The country has a significant potential in primary sources of energy, notably in coal, gas and oil as well as renewables such as hydro, wind and solar power. 51% of domestic needs are covered by coal, 25 per cent by gas and 23 per cent by crude oil. Renewables (except for large hydropower plants) have not yet tapped because of the lack of supporting legislation, strategies and incentive mechanisms. This has prevented clean energies from competing with domestic coal, which is abundant and available at very low prices.

Kazakhstan is striving to introduce more sustainable practices in the energy sector. A long-term strategy until 2024 on the efficient use of energy and the development of alternative energy sources in the context of sustainable development is undergoing inter-ministerial consultation. It includes measures and targets for increased renewable energy use. In parallel, environmental legislation is gradually being improved. The 2007 Environmental Code provides for incentives to promote the implementation of environmental protection measures in the energy sector. … although energy prices are still regulated and subsidized by the Government. Rates are too low to promote full cost recovery. This is a major barrier to implementing energy efficiency measures and attracting energy-saving investments, making it impossible, inter alia, to install new cleaner and efficient energy technologies based on best available techniques such as combined cycle power plants and to improve the effi ciency of the power transmission and distribution grid. Both the Kazakh authorities and energy operators recognize that there is a need to raise rates in order to attract investors, and to build capacity and improve skills through know-how and technology transfer.

Management of mineral resources & environment Industrial sector is largely based on their extraction and processing. In 2004, the mining sector accounted for nearly half the total industrial output and more than 20 per cent of employment. Kazakhstan’s rapid economic growth is mainly due to the rapid development of the oil and gas sector, which is at the same time creating considerable environmental pressures. The intensity of environmental problems in the regions where oil and gas are produced continue to increase. The extraction of new deposits both onshore and offshore and the construction of pipelines, roads, railways and oil and gas refineries have been associated with increasing pollution and long-term impact on water, air, soil, fauna and flora. There is not sufficient understanding of the serious environmental, health and safety consequences of mining and oil and gas operations. These consequences have not been properly assessed, nor have they been addressed sufficiently by measures designed to reduce pollution. Their cumulative effects, particularly in the environmentally sensitive area of the Caspian Sea and its coastal zone, are largely underestimated. Mining does not often follow sustainability principles. Coal mines produce considerable methane emissions. While methane can result in mine explosions causing death and injuries, methane recuperation is a way to improve safety, decrease environmental pollution and bring in revenues. As mining and metallurgy generate both greenhouse gas emissions and a huge amount of waste, both are of great concern with respect to human health. Kazakhstan does not have a specific strategy for integrating sustainable issues into mineral sector policies, nor is there a mine health and safety law in place.

Impact of oil & gas industry on the environment The oil and gas industries comprise Kazakhstan’s most important economic sector. The sector accounted for 62% of the export in 2005 and is expected to grow further. Production and processing activities have had a major adverse impact on environment, especially in the production regions. The oil and gas sector contributes significantly to environmental pollution: Ø Air - 75% of sector’s pollution Ø Water - 20% Ø Soil – 5% Local impact in the areas where the oil and gas industries are concentrated is significant. An estimated 99. 9% of Atyrau oblast’s air pollution originates from the oil and gas industry, and the situation is similar in Kyzylorda (96. 7%), Mangistau (94. 1%), and West Kazakhstan (89. 7%) oblasts. The oil production facilities release pollution to surface and ground water, especially polluting the waters of the Caspian Sea and the soil. Up to 3. 5% of the extracted oil is lost in the field and more is lost during the transportation through pipelines. It is estimated that annually 0. 02 tons of oil per km 2 is spilled in oil field and pipeline zones. The main causes of spills are corrosion, mechanical damage and defects in construction works. The situation is even worse when the inadequate record-keeping of these losses in the various stages of the production is taken into account.

Impact of mining on the environment Mining is Kazakhstan’s second largest industrial sector after oil and gas. It also is the second largest export sector after crude oil. The mining sector accounts for 30% Kazakhstan’s export, 16 per cent of its GDP and 19 per cent of its industrial employment. Over 200 mining enterprises produce a wide variety of commodities: coal, iron ore, chromite ores and ferroalloys, alumina, copper, lead, zinc, steel, titanium sponge, uranium, barites and others. Because 95% of the total mined ore is discarded, the mining industry produces massive amounts of industrial waste. It is estimated that up to the beginning of 2007 the extraction industry had accumulated 21 billion tons of solid waste, causing soil and water pollution. The world’s largest uranium-ore mining complex is in Kazakhstan. Uranium production and processing has contaminated the soil and generated about 106 Mt of radioactive waste, which poses a serious health threat to the population. The radiation level of this waste ranges from 35 to 3, 000 m. R/h and the total radiation exceeds 50, 000 Ci (Curie).

Policy framework for implementation of SD Concept of Transition to Sustainable Development for the period 2007– 2024 (CTSD) is the main framework for achieving SD in Kazakhstan. The goal of the CTSD is to achieve adequate balance of economic, social, environmental goals, without endangering the longer run competitiveness of the economy. It defines main principles of SD, describes major challenges and provides basic mechanisms for implementing policy measures. The CTSD sets 12 performance indicators, with quantitative targets to be met within a specified timeframe (see Box 1. 3). The National Council for Sustainable Development (NCSD) is the institution responsible for the implementation of the CTSD, with the MEP as its working agency (see section below on institutional framework and capacity). Progress toward implementing the CTSD will be measured every three years over the period 2006– 2024. Regarding environmental quality, progress is measured by means of the Environmental Sustainability Index (ESI) of the Yale Center for Environmental Law and Policy 1. The ESI is an average of 21 aggregate environmental indicators, each of which, in turn, is based on a subset of 76 underlying variables. For many of these variables, however, data are not yet available for Kazakhstan, requiring a corresponding adjustment of the index until measurement is feasible. A main focus of the CTSD is to improve the efficiency of resource use in the production process, gauged by a Resource Use Efficiency Index (RUEI). Another main focus is on improving the quality of life, still low in Kazakhstan. This will be measured by indicators such as life expectancy, income per capita, educational achievement and environmental safety.

Priorities related to the environment Performance indicators, with quantitative targets to be met within a specified timeframe Combating poverty; Preventing and reducing environmental threats to the health of the population; Preserving biological diversity; Combating desertification; Reducing air emissions, including greenhouse gases and ozone depleting substances; Increasing access to safe drinking water; Resolving trans-boundary environmental issues; Improving waste management; & Ensuring radiation and biochemical safety

Main environmental monitoring networks in Kazakhstan

Introduction of Cleaner Technologies in Industry The Ministry of Natural Resources and Environmental Protection, together with the Ministry of Energy, Industry and Trade and other interested institutions, in cooperation with the industrial associations and individual enterprises, should promote the conditions for enterprises to become more involved in cleaner production issues. Industrial enterprises are implementing ISO 14000 standards and developing programmes for cleaner production in this process. The Ministry of Environmental Protection provides incentives for introducing the ISO 14000 standards at the enterprises of the energy sector through coefficients reducing charges for air emissions and ash disposal. Rates of charges for environmental pollution over the limit are several times higher than within the limit.

Enforcement of environmental legislation The transition of the energy sector should concentrate on energy-saving programmes, starting with the development and enforcement of the regulations required for the implementation of the Law on Energy Saving. A stable legal, regulatory and institutional framework for investments in the energy sector should be created. It should contain environmental impact assessment procedures, as well as the usual provisions for environmental protection in this sector, while meeting the need to attract large scale investment.

Enforcement: Competent authorities Two units of the Ministry of Environmental Protection (MEP): Department of Permitting & Incentive-based Mechanisms for Regulation (DPIMR); Committee for Environmental Control (CEC) – play a key role in establishing facility-specific regulatory requirements and ensuring compliance with them at the national level.

Organizational chart of the Committee for Environmental Control (CEC) http: //ecokomitet. kz/ecokomitet/ The scope of their work covers air and water quality, municipal and industrial waste, radiological conditions, mining, & land biological resources protection. Regulatory requirements for specific facilities are established by DPIMR through environmental impact assessment (EIA) and permitting.

At the subnational level, regulatory, inspection, and administrative enforcement functions are carried out by 16 territorial environmental protection offices (TEPOs), covering 14 oblasts and the cities of Astana and Almaty.

Environmental policy in an organisation International Organisation for Standardization (ISO) defines EP as statement by the organisation of its intensions and principles on its overall environmental performance, setting out environmental objectives and targets and providing a framework for action.

Environmental policy is required to be: Be appropriate for the nature, scale, and the environmental impacts of the organisation’s activities, products and services; Include a commitment to continuous improvement; Include a commitment to pollution prevention; Make a commitment to comply with all relevant legislation and regulation; Make a commitment to meet other requirements to which the organisation subscribes; Provide a framework for setting and reviewing (auditing) environmental objectives and targets; Be fully documented; Be effectively implemented and maintained; Be communicated to all employees, and Be available to the public.

Environmental Policy Preparing a Draft Environmental Policy Ratification and Continual Improvement Policy

Drafting Environmental Policy 3 fundamental prerequisites: The commitment to create and implement a realistic and effective policy; The resources to do so (time, funding, skills, and knowledge) & A program of education and training

A living document EP must be continually updated for 3 reasons: Changing requirements and expectations on what is required; Non-regulatory components of the external environment (the driving forces) will change and so policies must be adjusted in light of those changes; There are expectations of, if not requirements for (ISO 14001), continual improvement which will also require changes in the environmental policy.