Environmental Obligations in the EU

8/12/2019 Environmental Obligations in the EU

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E UROPEAN UNION E NVIRONMENTALO BLIGATIONS AND T RANSBORDER

C OOPERATION

Legal Memorandum

March 2014


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E UROPEAN UNION E NVIRONMENTAL O BLIGATIONS AND T RANSBORDERC OOPERATION

Executive Summary

The purpose of this memorandum is to provide an overview of theenvironmental obligations of European Union (EU) Member States whenundertaking environmental development projects, and to emphasize the need forinter-state cooperation where these projects have transborder impact.

The EU imposes rigorous environmental standards on its Member States. Numerous EU treaties, directives, and regulations recognize sustainabledevelopment and environmental preservation pertaining to climate change, waterand air quality, waste management, nature protection, industrial pollution control,

and transborder water management. EU Member States and candidate states arerequired to integrate such environmental protection measures into their own

policies to ensure sustainable development.

EU environmental legislation relating to development projects requiresconsiderations of likely transborder environmental impacts, consultations with keystakeholders and members of the public, and a case-by-case analysis on the effectsof both private and public projects on the environment. EU legislation alsorequires Member States to ensure that concerned members of the public are

provided opportunities to contribute to environmental decision-making procedures.EU environmental directives require public awareness, the availability ofinformation, and provisions for public participation.

Regional cooperation helps to ensure that Member States meet the EUsenvironmental requirements. EU Member States have been able to ensuretransborder cooperation through the development of legal and politicalframeworks, bilateral agreements, and consultations with states, stakeholders, andthe public at large. This cooperation has utilized assessment procedures,management plans, and significant research to ensure sustainable environmental

development within a transborder context.

As the newest EU Member State, Croatia has almost completely harmonizedits environmental legislation with the EUs standards. Potential EU MemberStates, such as Serbia, Montenegro, and Macedonia, are in varying degrees ofenvironmental harmonization within their individual Stabilization and AssociationAgreements with the EU.


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Table of Contents

Statement of Purpose 1

Introduction 1

Legal Basis for EU Environmental Obligations 2 EU Directive on the Assessment of the Effects of Certain Plans and

Programs on the Environment 3 EU Directive on the Assessment of the Effects of Certain Public and

Private Projects on the Environment 4 EU Directive Proving for Public Participation in Respect of the

Drawing Up of Certain Plans and Programs Relating to the Environment 6

Convention on Environmental Impact Assessment in a TransborderContext (Espoo Convention) 7

Convention on Access to Information, Public Participation in Decision Making and Access to Justice in Environmental Matters (Aarhus Convention) 8

European Transborder Cooperation 9Water Framework Directive 9Transborder Lakes in the Balkan Area 11

Danube River Basin 12

Application of EU Framework to New and Potential Member States 15Croatia 16Serbia 17

Montenegro 19 Macedonia 21

Conclusion 22

Annex I: Legal Basis for EU Environmental Obligations 24

Annex II: 2012 Progress Report on Bosnia and Herzegovina: Overview ofEU Comments Regarding Environmental Concerns 26


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EU Environmental Obligations and Cooperation, March 2014

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E UROPEAN UNION E NVIRONMENTAL O BLIGATIONS AND T RANSBORDERC OOPERATION

Statement of Purpose

The purpose of this memorandum is to provide an overview of theenvironmental obligations of European Union (EU) Member States whenundertaking environmental development projects, and to emphasize the need forinter-state cooperation where these projects have transborder impact.

Introduction

In 2008, Bosnia and Herzegovina (BiH) began its EU accession process bysigning the Stabilization and Association Agreement (SAA). The implementation

of the EUs environmental acquis communautaire (acquis ), its Community law, isintegral to this process. 1 The acquis comprises over two hundred EU treaties, laws,and resolutions, as well as the European Court of Justices judgments. 2 One of theacquis thirty-one chapters is devoted to environmental rules and regulations. 3 EUenvironmental policies aim to promote a high level of environmental protectionwithin the EU. 4 As such, Member States and candidate states must adapt theirenvironmental policies to their regions while ensuring the preservation, protection,and improvement of the quality of the environment. 5

The EU imposes rigorous environmental standards on its Member States. 6 Numerous EU treaties, directives, and regulations recognize sustainabledevelopment and environmental preservation pertaining to climate change, water

1 Patrick J. Kapios, Environmental Enlargement in the European Union: Approximation of the AcquisCommunautaire and the Challenges that it Presents for the Applicant Countries , 2 S USTAINABLE DEVELOPMENTLAW & POLICY 4, 4 (2002), available athttp://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1276&context=sdlp. 2 Vaughne Miller, The EUs Acquis Communautaire , I NTERNATIONAL AFFAIRS AND DEFENSE SECTION , SN/IA/5944(Apr. 26, 2011), available at www.parliament.uk/briefing-papers/sn05944.pdf. 3 Patrick J. Kapios, Environmental Enlargement in the European Union: Approximation of the AcquisCommunautaire and the Challenges that it Presents for the Applicant Countries , 2 S USTAINABLE DEVELOPMENT

LAW & POLICY 4, 6 (2002), available athttp://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1276&context=sdlp. 4 Treaty Establishing the European Community art. 130r(2) (1957), available at http://www.hri.org/docs/Rome57/Part3Title16.html. 5 Treaty Establishing the European Community art. 130r(1) (1957), available at http://www.hri.org/docs/Rome57/Part3Title16.html. 6 Patrick J. Kapios, Environmental Enlargement in the European Union: Approximation of the AcquisCommunautaire and the Challenges that it Presents for the Applicant Countries , 2 S USTAINABLE DEVELOPMENTLAW & POLICY 4, 4 (2002), available athttp://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1276&context=sdlp.


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and air quality, waste management, nature protection, industrial pollution control,and transborder water management. EU Member States and candidate states arerequired to integrate such environmental protection measures into their own

policies to ensure sustainable development. 7

Regional cooperation helps to ensure that Member States and candidatestates meet the EUs environmental requirements. EU Member States have beenable to ensure transborder cooperation through the development of legal and

political frameworks, bilateral agreements, and consultations with states,stakeholders, and the public at large. 8 This cooperation has utilized assessment

procedures, management plans, and significant research to ensure sustainableenvironmental development within a transborder context. 9

Legal Basis for EU Environmental Obligations

Numerous EU treaties, directives, and regulations provide the legal basis forthe EU environmental obligations. These obligations form part of the acquis that

potential Member States are required to harmonize their legislation in order toaccede to the EU. 10 The acquis is a comprehensive collection of EU laws andobligations, including environmental obligations, spanning from 1958 to the

present day. 11 The European Council determines the scope of the environmentalobligations included in the treaties and directives within the acquis and requiresEU Member States to ratify and implement these obligations.

The Treaty Establishing the European Community imposes legally bindingenvironmental obligations on Member States by requiring the integration ofenvironmental protections into the definition and implementation of Community

policies and activities. 12 This requirement highlights the importance of sustainable

7 Charter of the Fundamental Rights of the European Union art. 37 (2000), available at http://www.europarl.europa.eu/charter/pdf/text_en.pdf. 8 Amichai Magen, Transformation Engagement Through Law: The Acquis Communautaire as an Instrument of EU

External Influence , 9 E UROPEAN JOURNAL OF LAW R EFORM 361, 374 (2007), available at http://iis-db.stanford.edu/pubs/22032/EJLR-2007-Transformative_Engagement_Through_Law-AmichaiMagen.pdf. 9 Directive 2001/42/EC of the European Parliament and of the Council preamble 6 (2001), available at http://eur-

lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2001:197:0030:0037:EN:PDF. 10 Patrick J. Kapios, Environmental Enlargement in the European Union: Approximation of the AcquisCommunautaire and the Challenges that it Presents for the Applicant Countries , 2 S USTAINABLE DEVELOPMENTLAW & POLICY 4, 4 (2002), available athttp://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1276&context=sdlp. 11 Vaughne Miller, The EUs Acquis Communautaire , I NTERNATIONAL AFFAIRS AND DEFENSE SECTION ,SN/IA/5944 (Apr. 26, 2011), available at www.parliament.uk/briefing-papers/sn05944.pdf. 12 Consolidated Version of the Treaty Establishing the European Community art. 6 (2002) available at http://eur-lex.europa.eu/en/treaties/dat/12002E/pdf/12002E_EN.pdf.


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development in European Community activities. 13 The EU environmental policyunder the Treaty is based on three legally binding principles: 1) the precautionary

principle, an ambiguous outline of environmental protection and conservation; 2)the idea of preventive action, that environmental damage should be rectified at thesource; and 3) the polluter pays principle. 14 Article 174 of the Treaty Establishingthe European Community requires cooperation between the Community, MemberStates, and thirdparty states. 15 Additionally, the Treaty Establishing the EuropeanCommunity mandates that EU and Member State-prepared environmental policiestake into account regional environmental conditions; the positive and negativeimplications of action or inaction; and the overall economic, social, and regionaldevelopment of the Community. 16

The Charter of the Fundamental Rights of the EU requires the enhancementof environmental protection through EU-wide policy integration prioritizes

sustainable development standards. 17 This requirement is supplemented by Article191 of the Treaty on the Functioning of the European Union (TFEU), whichrequires that EU policies on the environment contribute to environmental

protection efforts while ensuring cautious utilization of natural resources. 18 TheEU also enforces environmental standards through various Directives.

EU Directive on the Assessment of the Effects of Certain Plans and Programs on the Environment

The EU Directive on the Assessment of the Effects of Certain Plans andPrograms on the Environment contributes to the incorporation of environmentalconsiderations within the development context. 19 The Directive obliges Member

13 Consolidated Version of the Treaty Establishing the European Community art. 6 (2002) available at http://eur-lex.europa.eu/en/treaties/dat/12002E/pdf/12002E_EN.pdf. 14 Consolidated Version of the Treaty Establishing the European Community art. 174(2) (2010), available at http://eur-lex.europa.eu/en/treaties/dat/12002E/pdf/12002E_EN.pdf; see also Dirk Bnger , D EFICITS IN EU AND US MANDATORY E NVIRONMENTAL I NFORMATION DISCLOSURE : LEGAL , COMARATIVE LEGAL AND ECONOMIC FACETSOF POLLUTANT R ELEASE I NVENTORIES , 150 (2001), available athttp://books.google.com/books?id=5dsehkuF8QkC&printsec=frontcover&source=gbs_ge_summary_r&cad=0#v=onepage&q&f=false. 15

Consolidated Version of the Treaty Establishing the European Community art. 174(4) (2002), available at http://eur-lex.europa.eu/en/treaties/dat/12002E/pdf/12002E_EN.pdf. 16 Consolidated Version of the Treaty Establishing the European Community art. 174(3) (2002), available at http://eur-lex.europa.eu/en/treaties/dat/12002E/pdf/12002E_EN.pdf. 17 Charter of the Fundamental Rights of the European Union art. 37 (2000), available at http://www.europarl.europa.eu/charter/pdf/text_en.pdf. 18 Consolidated Version of the Treaty on the Functioning of the European Union art. 191(1) (2010), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2010:083:0047:0200:en:PDF. 19 Directive 2001/42/EC of the European Parliament and of the Council art. 1 (2001), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2001:197:0030:0037:EN:PDF.


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States to perform environmental assessments on activities likely to have asignificant effect on the environment. 20 The Directive requires Member States toconduct environmental assessments during the development of a plan, prior to itsadoption, and prior to its submission to the Member States legislature. 21 MemberStates are obligated to prepare an environmental assessment report as well asreasonable alternatives to the planned program. 22 Prior to the plans adoption orsubmission to the legislature, Member States must also provide information aboutthe plan to other Member States that may be impacted by these plans. 23 Once thisreport is shared, Member States may enter into consultations concerning the likelytransborder environmental impacts associated with implementing the plannedactivity. 24 Where member states agree to enter into consultation, the states have aduty to inform members of the public who are likely to be affected by the issue sthat the public can voice their opinion on the planned activity. 25

The Directive provides that Member States shall inform the public ofdecisions related to the plan. Specifically, Member States must disclose theenvironmental considerations, results of transborder consultations, alternatives toadopting the plan, and project monitoring measures. 26 Finally, Member States arerequired to monitor the environmental effects of their plans implementation,ensuring that unforeseen adverse effects can be identified and remedied at an earlystage. 27

EU Directive on the Assessment of the Effects of Certain Public and Private Projects on the Environment

The EU Directive on the Assessment of the Effects of Certain Public andPrivate Projects on the Environment outlines multiple requirements for

20 Directive 2001/42/EC of the European Parliament and of the Council art. 1 (2001), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2001:197:0030:0037:EN:PDF. 21 Directive 2001/42/EC of the European Parliament and of the Council art. 4 (2001), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2001:197:0030:0037:EN:PDF. 22 Directive 2001/42/EC of the European Parliament and of the Council art. 5 (2001), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2001:197:0030:0037:EN:PDF. 23

Directive 2001/42/EC of the European Parliament and of the Council art. 7 (2001), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2001:197:0030:0037:EN:PDF. 24 Directive 2001/42/EC of the European Parliament and of the Council art. 7(2) (2001), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2001:197:0030:0037:EN:PDF. 25 Directive 2001/42/EC of the European Parliament and of the Council art. 7(2) (2001), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2001:197:0030:0037:EN:PDF. 26 Directive 2001/42/EC of the European Parliament and of the Council art. 9 (2001), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2001:197:0030:0037:EN:PDF. 27 Directive 2001/42/EC of the European Parliament and of the Council art. 10 (2001), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2001:197:0030:0037:EN:PDF.


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environmental development projects. The Directive requires Member States toconsider the effects on the environment during the planning stage and prior todecision-making process. 28 EU Member States must adopt measures requiring all

projects defined under article 4 of the directive to seek development consents. . 29 These principles require consent procedures for projects that are likely to have asubstantial effect on the environment. 30 EU Member States may decide on a case

by case basis, whether to apply the directive or not for projects that are likely tohave major effects on the environment. 31 This assessment should be based onappropriate information obtained from the developer, the relevant authorities, andthe public likely to be concerned by the development project. 32

The Directive also requires Member States to implement public participationand notification procedures. To permit public expression of environmentalconcerns and public participation in the decision-making process, EU Member

States must inform the public of a project that will have an environmental impactas early as reasonably possible before they decide to implement the project. 33 Specifically, the relevant public must be notified of requests for developmentconsent, projects subject to an environmental impact assessment procedure, andinformation about the authorities responsible for making the decision, from whomrelevant details can be obtained. 34 Public participation contributes to transparencyand to public awareness of environmental issues. 35 Public discourse involves

participation by associations, organizations, groups, and non-governmentalorganizations promoting environmental protection. 36 The Directive requires thatMember States individually draft the procedures of how the concerned public will

participate and voice their concerns. 37

28 Directive 2011/92/EU of the European Parliament and of the Council preamble (2) (2011), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:026:0001:0021:EN:PDF. 29 Directive 2011/92/EU of the European Parliament and of the Council art. 2(1) (2011), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:026:0001:0021:EN:PDF. 30 Directive 2011/92/EU of the European Parliament and of the Council art. 2(1) (2011), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:026:0001:0021:EN:PDF. 31 Directive 2011/92/EU of the European Parliament and of the Council preamble (7) (2011), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:026:0001:0021:EN:PDF. 32 Directive 2011/92/EU of the European Parliament and of the Council preamble (7) (2011), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:026:0001:0021:EN:PDF. 33

Directive 2011/92/EU of the European Parliament and of the Council art. 6(4)-(6) (2011), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:026:0001:0021:EN:PDF. 34 Directive 2011/92/EU of the European Parliament and of the Council art. 6 (2011), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:026:0001:0021:EN:PDF. 35 Directive 2011/92/EU of the European Parliament and of the Council preamble (16) (2011), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:026:0001:0021:EN:PDF. 36 Directive 2011/92/EU of the European Parliament and of the Council preamble (17) (2011), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:026:0001:0021:EN:PDF. 37 Directive 2011/92/EU of the European Parliament and of the Council art. 6 (2011), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:026:0001:0021:EN:PDF.


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Additionally, the Directive obliges a Member State planning a project withanticipated environmental effects in another state, to provide that affected statewith information regarding that project. 38 This information must include adescription of the project, all available information on its potential transbordereffect, and the decision to be made. 39 The Member State should be allottedsufficient time to determine whether it wishes to participate in the environmentaldecision-making procedures. 40 If a Member State intends to participate in thedecision-making, the concerned states shall begin consultations regarding the

potential transborder effects of the projects and the strategies to reduce or eliminatethese environmental effects. 41

EU Directive Providing for Public Participation in Respect of the DrawingUp of Certain Plans and Programs Relating to the Environment

The Directive Providing for Public Participation in Respect of the DrawingUp of Certain Plans and Programs Relating to the Environment obliges MemberStates to ensure effective public participation in decisions that may have asignificant effect on the environment, personal health, or personal wellbeing. 42 Member States are required to ensure that the public is informed about proposalsfor projects that may have substantial environmental impacts. 43 Member States arealso required to inform the public about their right to participate in the decision-making process. 44 In the final decision-making process, the Member States mustrecognize and account for public opinion. 45 Additionally, the Directive requiresthat the public be informed about the decisions taken and the considerations thatthe decisions are based upon. 46

38 Directive 2011/92/EU of the European Parliament and of the Council art. 7 (2011), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:026:0001:0021:EN:PDF. 39 Directive 2011/92/EU of the European Parliament and of the Council art. 7 (2011), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:026:0001:0021:EN:PDF. 40 Directive 2011/92/EU of the European Parliament and of the Council art. 7 (2011), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:026:0001:0021:EN:PDF. 41 Directive 2011/92/EU of the European Parliament and of the Council art. 7(4) (2011), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:026:0001:0021:EN:PDF. 42

Directive 2003/35/EU of the European Parliamnet and of the Council preamble (3) (2003), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2003:156:0017:0024:EN:PDF. 43 Directive 2003/35/EU of the European Parliamnet and of the Council art. 2(2) (2003), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2003:156:0017:0024:EN:PDF. 44 Directive 2003/35/EU of the European Parliamnet and of the Council art. 2(2) (2003), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2003:156:0017:0024:EN:PDF. 45 Directive 2003/35/EU of the European Parliamnet and of the Council art. 2(2) (2003), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2003:156:0017:0024:EN:PDF. 46 Directive 2003/35/EU of the European Parliamnet and of the Council art. 2(2) (2003), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2003:156:0017:0024:EN:PDF.


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Convention on Environmental Impact Assessment in a Transborder Context(Espoo Convention)

The Espoo Convention of 1997 and its 2003 Protocol subjected MemberStates to minimum environmental assessment and cooperation requirements in aneffort to mitigate and prevent transborder environmental damage. 47 TheConvention lays out the required content of environmental impact assessmentdocumentation and affirms the need to maintain environmentally sustainabledevelopment. 48 It also requires parties to mitigate their projects negativetransborder effects through preventative and containment measures. 49 Thesemeasures include establishing environmental impact assessment procedures that

permit public participation and undertaking assessments prior to authorizing a proposed activity. 50

The Espoo Convention requires cooperation among affected Member Statesin providing information necessary to conduct the environmental impactassessment procedures. 51 The Convention requires that Member States notifyaffected parties of proposed activities whenever these activities are likely togenerate negative transborder environmental effects. 52 Member States must notify

potentially affected states as soon as possible, and no later than when the MemberState of origin informs its own public about the proposed activity. 53 The partiesthen enter into consultations following the completion of the environmental impactassessment procedure in order to reduce or eliminate the environmental impact ofthe proposed activity. 54

47 See Convention on Environmental Impact Assessment in a Transboundary Context preamble, art. 2 (1991),available at http://www.unece.org/env/eia/about/eia_text.html ; Protocol on Strategic Environmental

Assessment to the Convention on Environmental Impact Assessment in a Transboundary Context art. 3 (2003),available at treaties.un.org/doc/source/RecentTexts/27_4bE.doc; United Nations Economic Commission for Europe,

Environmental Impact Assessment ( Apr. 15, 2013), available at http://www.unece.org/env/eia/welcome.html. 48 Convention on Environmental Impact Assessment in a Transboundary Context preamble, art. 4 (1991), availableat http://www.unece.org/env/eia/about/eia_text.html. 49 Convention on Environmental Impact Assessment in a Transboundary Context art. 2 (1991), available athttp://www.unece.org/env/eia/about/eia_text.html. 50

Convention on Environmental Impact Assessment in a Transboundary Context art. 2(2) (1991), available athttp://www.unece.org/env/eia/about/eia_text.html. 51 Convention on Environmental Impact Assessment in a Transboundary Context art. 3(6) (1991), available athttp://www.unece.org/env/eia/about/eia_text.html. 52 Convention on Environmental Impact Assessment in a Transboundary Context art. 2(5) (1991), available athttp://www.unece.org/env/eia/about/eia_text.html. 53 Convention on Environmental Impact Assessment in a Transboundary Context art. 3(1) (1991), available athttp://www.unece.org/env/eia/about/eia_text.html. 54 Convention on Environmental Impact Assessment in a Transboundary Context art. 5 (1991), available athttp://www.unece.org/env/eia/about/eia_text.html.


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The Espoo Convention also requires Member States to provide meaningfulopportunities for public participation in the environmental assessment plans priorto any final decisions. 55 The public participation requirement extends to both the

public in the Member State of origin and the public of the affected Member State. 56 The Protocol to the Convention further clarifies and defines the public participationrequirement. 57 It suggests that Member States use electronic media and all otherappropriate methods to ensure that the draft plan is available for public review. 58

Convention on Access to Information, Public Participation in Decision- Making and Access to Justice in Environmental Matters (AarhusConvention)

The Aarhus Convention requires that EU Member States recognize and

guarantee the rights to information and meaningful public participation, while providing an opportunity for formal redress if the state fails to meet theseobligations. 59 Member States must provide information to the public concernedwith and affected by proposed activities with potentially serious environmentaleffects. 60 This information includes the proposed activity, the nature of possibledecisions, the authorities responsible for making the decisions, the public

participation procedures, and whether the activity is subject to state or transborderenvironmental impact procedures. 61 Opportunities for public participation must becreated early, when all project options are open and when effective public

participation can occur. 62 Additionally, the Convention prohibits Member States

55 Protocol on Strategic Environmental Assessment to the Convention on Environmental Impact Assessment in aTransboundary Context art. 8 (2003), available at treaties.un.org/doc/source/RecentTexts/27_4bE.doc; Conventionon Environmental Impact Assessment in a Transboundary Context arts. 2(6), 3(8) (1991), available athttp://www.unece.org/env/eia/about/eia_text.html. 56 Convention on Environmental Impact Assessment in a Transboundary Context art. 2(6) (1991), available athttp://www.unece.org/env/eia/about/eia_text.html. 57 Protocol on Strategic Environmental Assessment to the Convention on Environmental Impact Assessment in aTransboundary Context art. 8 (2003), available at treaties.un.org/doc/source/RecentTexts/27_4bE.doc. 58 Protocol on Strategic Environmental Assessment to the Convention on Environmental Impact Assessment in aTransboundary Context art. 8(2) (2003), available at treaties.un.org/doc/source/RecentTexts/27_4bE.doc. 59 Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in

Environmental Matters arts. 1, 3 (1998), available at http://www.unece.org/env/pp/contentofaarhus.html.60 Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters art. 6, (1998), available at http://www.unece.org/environmental-policy/treaties/public- participation/aarhus-convention.html. 61 Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in

Environmental Matters art. 6, (1998), available at http://www.unece.org/environmental-policy/treaties/public- participation/aarhus-convention.html. 62 Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in

Environmental Matters art. 6(4) (1998), available at http://www.unece.org/environmental-policy/treaties/public- participation/aarhus-convention.html.


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from penalizing, harassing, or persecuting individuals exercising their Convention-granted rights to be involved in the decision-making process. 63

European Transborder Cooperation

Because environmental issues impact broad geographic areas, regionalcooperation functions as an important mechanism in EU Member States efforts tosatisfy the EUs environmental requirements. EU Member States have developed

bilateral agreements, legal and political frameworks, and consultations with States,stakeholders, and the public at large, to ensure transborder cooperation. Thesemechanisms have covered topics of sustainable development and environmental

preservation pertaining to climate change, water and air quality, wastemanagement, nature protection, industrial pollution control, and transborder watermanagement. 64 Specifically, European states have cooperated on environmental

issues related to the Water Framework Directive, transborder lakes in the Balkanarea, and the Danube River Basin.

Water Framework Directive (WFD)- The 2000 EU Directive Establishing a Framework for Community Action in the Field of Water Policy

The 2000 EU Directive Establishing a Framework for Community Action inthe Field of Water Policy establishes the EUs integrated community policy onwater. 65 The WFD is meant to create a robust mechanism to protect communitysurface and ground water, promote sustainable water usage, and preserve theaquatic ecosystems. 66 It creates a legal framework intended to protect and restoreclean water throughout the Community and to ensure its long-term and sustainableuse. 67

63 Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters art. 3 (1998), available at http://www.unece.org/environmental-policy/treaties/public- participation/aarhus-convention.html. 64 To address the negative effects of greenhouse gases on the environment, for instance, the EU adopted theEmissions Trading Directive, which instituted an EU-wide cap on industrial greenhouse gas emissions, in 2003.

Directive 2003/87/EC of the European Parliament and of the Council preamble 9 (2003), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2003L0087:20090625:EN:PDF. The EUs Air Quality

Directive merged the majority of existing legislation into a single directive with obligations that apply broadly toMember States. 2008/50/EC of the European Parliament and of the Council , preamble 3 (2008), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:152:0001:0044:EN:PDF. 65 Directive 2000/60/EC of the European Parliament and of the Council preamble 9 (2000), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2000:327:0001:0072:en:PDF. 66 Directive 2000/60/EC of the European Parliament and of the Council , preamble 23 (2000), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2000:327:0001:0072:EN:PDF. 67 Water Information System for Europe, Integrating Water Policy: Linking all EU Water Legislation Within aSingle Framework , 1 (Dec. 2008), available at http://ec.europa.eu/environment/water/participation/pdf/waternotes/water_note9_other_water_legislation.pdf.


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The WFD requires Member States to identify individual river basins withintheir territories and to assign them to river basin districts. 68 The WFD requiresMember States to ensure that a river basin management plan is developed for eachriver basin district within their territory. 69 River basin management plans is amanagement tool used by the EU documenting water resources and must includesummaries of all of the measures required to implement each of the directivesincluded in the WFD. 70 The WFD urges Member States to encourage active publicinvolvement in the production and review of river basin management plans andrequires them to provide the public with extensive information and opportunities to

participate in creating river basin management plans. 71 The WFD also requires publication of comments regarding each river basin district, thus allowinginterested parties to be actively involved in developing plans. 72

The WFD also encourages, and in some instances requires, transbordercooperation among Member States. For instance, the WFD requires MemberStates to designate river basins that include the territory of more than one MemberState as international river basin districts. 73 It further obligates the Member Statesto coordinate their environmental objectives and to cooperate in the preservation ofshared international river basin districts. 74 Member States belonging to a river

basin district that extends beyond the EU are obligated to coordinate with the non-EU Member States to promote sustainable water use, protect available waterresources, and prevent further deterioration of aquatic ecosystems. 75

68 Directive 2000/60/EC of the European Parliament and of the Council art. 3 (2000), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2000:327:0001:0072:en:PDF. 69 Directive 2000/60/EC of the European Parliament and of the Council art. 13 (2000), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2000:327:0001:0072:en:PDF. 70 Directive 2000/60/EC of the European Parliament and of the Council art. 13(4), annex VII (2000), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2000:327:0001:0072:en:PDF; Water InformationSystem for Europe, Integrating Water Policy: Linking all EU Water Legislation Within a Single Framework , 4 (Dec.2008), available at http://ec.europa.eu/environment/water/participation/pdf/waternotes/water_note9_other_water_legislation.pdf. 71 Directive 2000/60/EC of the European Parliament and of the Council art. 14(1) (2000), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2000:327:0001:0072:en:PDF; Water Information System forEurope, Integrating Water Policy: Linking all EU Water Legislation Within a Single Framework , 4 (Dec. 2008),

available at http://ec.europa.eu/environment/water/participation/pdf/waternotes/water_note9_other_water_legislation.pdf. 72 Directive 2000/60/EC of the European Parliament and of the Council art. 14 (2000), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2000:327:0001:0072:en:PDF. 73 Directive 2000/60/EC of the European Parliament and of the Council art. 3 (2000), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2000:327:0001:0072:en:PDF. 74 Directive 2000/60/EC of the European Parliament and of the Council art. 3 (2000), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2000:327:0001:0072:en:PDF. 75 Directive 2000/60/EC of the European Parliament and of the Council art. 3 (2000), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2000:327:0001:0072:en:PDF.


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The WFD demonstrates that protecting Europes water resources remains ahigh priority for the EU. It highlights the necessity of incorporating sustainablewater management policies into other EU policy areas, such as energy and regional

policy. 76 It also sets specific deadlines for EU Member States to achieve specifiedenvironmental objectives. 77

Transborder Lakes in the Balkan Area

The Balkan states economic sectors are undergoing substantialdevelopment, which has subsequent impacts on water resources throughout theregion. 78 With 13 international river basins, the Balkan states have a large numberof transborder catchments. 79 Because the Balkan region includes EU MemberStates and potential Member States border the Balkan region, many of the

transborder bodies of water are partly within EU territory. 80 As a result, theselakes and catchment areas are subject to the requirements of the WFD. 81 The WFD

plays a significant role in the transborder waters of the Balkan region 82 as itrequires the achievement of Good Ecological Status for all water bodies withinthe Community. 83

Since June 2006, researchers in Albania, Macedonia, Montenegro, and Norway Research Council have been conducting an academic research project thatfocuses on two transborder Balkan lakes and their catchment areas (DRIMON

76 Directive 2000/60/EC of the European Parliament and of the Council preamble 16 (2000), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2000:327:0001:0072:en:PDF. 77 Water Information System for Europe, Integrating Water Policy: Linking all EU Water Legislation Within aSingle Framework , 1 (Dec. 2008), available at http://ec.europa.eu/environment/water/participation/pdf/waternotes/water_note9_other_water_legislation.pdf. 78 E. Skarbvik, S.U. Nagothu, D. Mukaetov, A. Perovic, S. Shumka, and S.A. Borgvang, Transboundary Lakes inthe Balkan Area, Monitoring and Management in Accordance with the EC Water Framework Directive , 1 (May 31,2008), available at http://balwois.com/balwois/administration/full_paper/ffp-1249.pdf. 79 E. Skarbvik, S.U. Nagothu, D. Mukaetov, A. Perovic, S. Shumka, and S.A. Borgvang, Transboundary Lakes inthe Balkan Area, Monitoring and Management in Accordance with the EC Water Framework Directive , 1 (May 31,2008), available at http://balwois.com/balwois/administration/full_paper/ffp-1249.pdf. 80 E. Skarbvik, S.U. Nagothu, D. Mukaetov, A. Perovic, S. Shumka, and S.A. Borgvang, Transboundary Lakes in

the Balkan Area, Monitoring and Management in Accordance with the EC Water Framework Directive , 4 (May 31,2008), available at http://balwois.com/balwois/administration/full_paper/ffp-1249.pdf. 81 Directive 2000/60/EC of the European Parliament and of the Council preamble (2000), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2000:327:0001:0072:en:PDF. 82 E. Skarbvik, S.U. Nagothu, D. Mukaetov, A. Perovic, S. Shumka, and S.A. Borgvang, Transboundary Lakes inthe Balkan Area, Monitoring and Management in Accordance with the EC Water Framework Directive , 4 (May 31,2008), available at http://balwois.com/balwois/administration/full_paper/ffp-1249.pdf. 83 E. Skarbvik, S.U. Nagothu, D. Mukaetov, A. Perovic, S. Shumka, and S.A. Borgvang, Transboundary Lakes inthe Balkan Area, Monitoring and Management in Accordance with the EC Water Framework Directive , 4 (May 31,2008), available at http://balwois.com/balwois/administration/full_paper/ffp-1249.pdf.


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project). 84 The DRIMON project sought to expand knowledge and to shareexperiences regarding water management among institutional structures in theBalkan region. 85 Through the organization of conferences on the establishment oftransborder water resources management frameworks and the adoption of criticalinternational agreements, a community of practice on transborder water resourcesmanagement has been established. 86 The DRIMON projects research includedinterviewing key informants, stakeholder workshops, and focus groups, as well asusing questionnaire surveys that were translated into local languages. 87 Managersand resources directors met at the workshops to discuss challenges and issuesrelated to water resource management. 88

Preliminary results from the DRIMON project indicated that agriculturalactivities, combined with reduced water levels will intensify pollution levels absentreparative measures. 89 This research concluded that the Balkan states should

prioritize implementation of an action plan and the development of river basinmanagement plans in line with WFD requirements. 90 These conclusionshighlighted the necessity of creating appropriate monitoring programs designed toobserve and assess the environmental status of lakes and rivers. 91

Danube River Basin

The Danube River Basin faces a number of environmental issues that have been mitigated through European transborder cooperation. The Danube RiverBasin, the most international river basin in the world, is shared by 18 states and is

84 DRIMON, Interdisciplinary Assessment of Water Resources Management in Two Transboundary Lakes in South Eastern Europe (Sep. 16, 2013), available at http://www.drimon.no/. 85 DRIMON, Interdisciplinary Assessment of Water Resources Management in Two Transboundary Lakes in South

Eastern Europe (Sep. 16, 2013), available at http://www.drimon.no/. 86 E. Skarbvik, S.U. Nagothu, D. Mukaetov, A. Perovic, S. Shumka, and S.A. Borgvang, Transboundary Lakes inthe Balkan Area, Monitoring and Management in Accordance with the EC Water Framework Directive , 3-4 (May31, 2008), available at http://balwois.com/balwois/administration/full_paper/ffp-1249.pdf. 87 E. Skarbvik, S.U. Nagothu, D. Mukaetov, A. Perovic, S. Shumka, and S.A. Borgvang, Transboundary Lakes inthe Balkan Area, Monitoring and Management in Accordance with the EC Water Framework Directive , 6 (May 31,2008), available at http://balwois.com/balwois/administration/full_paper/ffp-1249.pdf. 88 DRIMON, Interdisciplinary Assessment of Water Resources Management in Two Transboundary Lakes in South

Eastern Europe (Sep. 16, 2013), available at http://www.drimon.no/. 89 E. Skarbvik, S.U. Nagothu, D. Mukaetov, A. Perovic, S. Shumka, and S.A. Borgvang, Transboundary Lakes inthe Balkan Area, Monitoring and Management in Accordance with the EC Water Framework Directive , 10 (May 31,2008), available at http://balwois.com/balwois/administration/full_paper/ffp-1249.pdf. 90 E. Skarbvik, S.U. Nagothu, D. Mukaetov, A. Perovic, S. Shumka, and S.A. Borgvang, Transboundary Lakes inthe Balkan Area, Monitoring and Management in Accordance with the EC Water Framework Directive , 10 (May 31,2008), available at http://balwois.com/balwois/administration/full_paper/ffp-1249.pdf. 91 E. Skarbvik, S.U. Nagothu, D. Mukaetov, A. Perovic, S. Shumka, and S.A. Borgvang, Transboundary Lakes inthe Balkan Area, Monitoring and Management in Accordance with the EC Water Framework Directive , 11 (May 31,2008), available at http://balwois.com/balwois/administration/full_paper/ffp-1249.pdf.


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the only major European river flowing from Western to Eastern Europe. 92 In the1990s, the political complexity of the Balkan region during Yugoslaviasdissolution complicated inter-state interactions regarding water resource sharing. 93 More recently, industrialization and population increases have negatively affectedthe Danube Rivers water quality. 94 Sources of the Danube Rivers pollutioninclude hazardous substance dumping, state agricultural practices, and commercialtransportation. 95

In 1992, EU Member States and non-Member States with territory in theDanube River Basin created the Environmental Program of the Danube RiverBasin (EPDRB) to improve environmental management of this basin. 96 TheEPDRB is an agreement between the states that share the Danube river basin asthey await the development of the Danube River Protection Convention. 97 TheEPDRB provides for joint action among states sharing transborder areas of the

Danube River Basin, drafting of a Strategic Action Plan for the Danube RiverBasin, an investment program, and development of institutional and technical

building blocks for environmental management. 98 Development of the StrategicAction Plan involved significant state-to-state and intra-state coordination and

broad participation by state officials and the public in open forum meetings andconsultations. 99

The Strategic Action Plan establishes strategic direction, sets targets forimproving the environmental administration of the Danube River Basinenvironment within a particular timeframe, and introduces a graduated program toreach the targets. 100 Each member state was to draft a National Action Plan for the

92 International Commission for the Protection of the Danube River, Danube River Basin Management Plan , 2 (Dec.14, 2009) available at http://www.icpdr.org/main/publications/danube-river-basin-management-plan; Daene C.McKinney, Transboundary Water Challenges: Case Studies , U NIVERSITY OF TEXAS , 52 (Jun. 1, 2011), available at http://www.caee.utexas.edu/prof/mckinney/ce397/Readings/TransboundaryWaterIssues.pdf.93 Daene C. McKinney, Transboundary Water Challenges: Case Studies , U NIVERSITY OF TEXAS , 52 (Jun. 1, 2011),available at http://www.caee.utexas.edu/prof/mckinney/ce397/Readings/TransboundaryWaterIssues.pdf. 94 Daene C. McKinney, Transboundary Water Challenges: Case Studies , U NIVERSITY OF TEXAS , 52 (Jun. 1, 2011),available at http://www.caee.utexas.edu/prof/mckinney/ce397/Readings/TransboundaryWaterIssues.pdf. 95 Daene C. McKinney, Transboundary Water Challenges: Case Studies , U NIVERSITY OF TEXAS , 52 (Jun. 1, 2011),available at http://www.caee.utexas.edu/prof/mckinney/ce397/Readings/TransboundaryWaterIssues.pdf. 96

Task Force for the Programme, Environmental Programme for the Danube River Basin Strategic Action Plan forthe Danube River Basin , 1995-2005 (Sep. 1991), available at http://eelink.net/~asilwildlife/DanubeRiverPlan.htm. 97 UNDP, Danube River Basin Environmental Management Project Description, 1996, available athttp://iwlearn.net/iw-projects/399 98 Task Force for the Programme, Environmental Programme for the Danube River Basin Strategic Action Plan forthe Danube River Basin , 1995-2005 (Sep. 1991), available at http://eelink.net/~asilwildlife/DanubeRiverPlan.htm. 99 Task Force for the Programme, Environmental Programme for the Danube River Basin Strategic Action Plan forthe Danube River Basin , 1995-2005 (Sep. 1991), available at http://eelink.net/~asilwildlife/DanubeRiverPlan.htm. 100 Task Force for the Programme, Environmental Programme for the Danube River Basin Strategic Action Plan forthe Danube River Basin , 1995-2005 (Sep. 1991), available at http://eelink.net/~asilwildlife/DanubeRiverPlan.htm.


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management of the Danube River Basin as assisted by the Danube EnvironmentalProgramme. The National Action Plans then make up the framework of theStrategic Action Plan. 101 The Strategic Action plan also provides that the primarysource of financing for transborder project implementation must come from theindividual states sharing the basin boundary. 102 Nevertheless, the Strategic ActionPlan does allow for some international community assistance. 103

In 1994, the Danube River Basin states and the EU signed the Conventionon Cooperation for the Protection and Sustainable Use of the River Danube. 104 By

providing a legal and political framework for cooperation and transborder watermanagement, the Convention promotes sustainable and prudent use of the DanubeRiver Basins resources. 105 In addition to protecting the waters of the DanubeRiver, the Convention requires contracting parties to ensure that informationregarding the quality of the Danube Basin environment is made readily available to

any natural or legal person in response to a reasonable request for information. 106

The International Commission for the Protection of the Danube River(ICPDR) was established to implement the Danube River Convention. 107 TheICPDR serves as the platform for coordination of the Danube River BasinManagement Plan (DRBM Plan 2009-2015). 108 The DRMB Plan providesmeasures that are considered of basin-wide importance, but also sets theframework for plans at the sub-basin and national levels. 109 Through the ICPDR,the Danube states have signed agreements to the creation of sub-basin management

plans for the Danube Delta, the Tisza, the Sava, and the Prut Basin. 110 Thesemanagement plans have included the preparation of assessment and analysis

101 Task Force for the Programme, Environmental Programme for the Danube River Basin Strategic Action Plan forthe Danube River Basin , 1995-2005 (Sep. 1991), available at http://eelink.net/~asilwildlife/DanubeRiverPlan.htm. 102 Task Force for the Programme, Environmental Programme for the Danube River Basin Strategic Action Plan forthe Danube River Basin, 1995-2005 (Sep. 1991), available at http://eelink.net/~asilwildlife/DanubeRiverPlan.htm. 103 Task Force for the Programme, Environmental Programme for the Danube River Basin Strategic Action Plan forthe Danube River Basin, 1995-2005 (Sep. 1991), available at http://eelink.net/~asilwildlife/DanubeRiverPlan.htm. 104 Convention on Cooperation for the Protection and Sustainable use of the Danube River (1998), available at http://www.icpdr.org/main/icpdr/danube-river-protection-convention. 105 Danube River Protection Convention (1994), available at http://www.icpdr.org/main/icpdr/danube-river-

protection-convention. 106

Convention on Cooperation for the Protection and Sustainable use of the Danube River art. 14 (1996), availableat http://www.icpdr.org/main/icpdr/danube-river-protection-convention. 107 Mandate of the International Commission for the Protection of the Danube River , accessed athttp://www.icpdr.org/main/icpdr/about-us 108 International Commission for the Protection of the Danume River, Danube River Basin Management Plan , 1(Dec. 14, 2009) available at http://www.icpdr.org/main/publications/danube-river-basin-management-plan. 109 International Commission for the Protection of the Danume River, Danube River Basin Management Plan , 1(Dec. 14, 2009) available at http://www.icpdr.org/main/publications/danube-river-basin-management-plan. 110 International Commission for the Protection of the Danume River, Danube River Basin Management Plan , 1(Dec. 14, 2009) available at http://www.icpdr.org/main/publications/danube-river-basin-management-plan.


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allowing them to actively participate at meetings held by the ICPDR and its expertgroups. 122

Application of EU Framework to New and Potential Member States

States in the Balkan region have begun to apply EU environmental standardsto their own legislation. As the newest member of the EU, Croatia has come thefurthest in its environmental legislation harmonization. Serbia, Montenegro, andMacedonia are all in varying stages of environmental legislation harmonizationunder their respective Stabilization and Association Agreements.

Croatia

Croatia applied for EU membership in 2003, and in 2011, the EU and

Croatia signed an accession treaty. 123 Croatia became the 28th EU Member Stateon July 1, 2013. 124 Prior to accession, Croatia signed the Aarhus Convention in1998 and the Kyoto Protocol in 1999. 125

Croatia has nearly completed its legislative alignment in the field ofhorizontal legislation on the environment and climate change. 126 The EuropeanCouncils final report prior to Croatias accession noted that the state must takeadditional steps to upgrade the Industrial Pollution Control and Risk Managementinstallations, conduct environmental impact assessments of new projects, and issue

permits in a timely manner. 127 Furthermore, the Geological Storage of CarbonDioxide Directive needs to be fully transposed and the EU Emissions TradingSystem must be completely implemented. 128 The state has made improvements inimplementing regulatory provisions on public participation and access to justice in

122 International Commission for the Protection of the Danube River, Danube River Basin Management Plan , 91(Dec. 14, 2009), available at http://www.icpdr.org/main/publications/danube-river-basin-management-plan. 123 European Commission, Croatia (Jun. 28, 2013), available at http://ec.europa.eu/enlargement/countries/detailed-country-information/croatia/. 124

European Commission, Croatia (Jun. 28, 2013), available at http://ec.europa.eu/enlargement/countries/detailed-country-information/croatia/. 125 European Commission, Screening Report: Croatia , 2, 4 (Feb. 1, 2007), available at http://ec.europa.eu/enlargement/pdf/croatia/screening_reports/screening_report_27_hr_internet_en.pdf. 126 European Commission, Comprehensive Monitoring Report on Croatia , 43 (Oct. 10, 2012), available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/hr_analytical_2012_en.pdf. 127 European Commission, Monitoring Report on Croatias Accession Preparations , 14 (March 26, 2013), availableat http://ec.europa.eu/commission_2010-2014/fule/docs/news/20130326_report_final.pdf. 128 European Commission, Monitoring Report on Croatias Accession Preparations , 14 (March 26, 2013), availableat http://ec.europa.eu/commission_2010-2014/fule/docs/news/20130326_report_final.pdf.


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environmental issues. 129 Additionally, Croatia has developed strategies ofcooperation with the public, the judiciary, NGOs, and law enforcement regardingenvironmental issues. 130

As a new EU Member State, Croatia has a transitional period in order to bring its standards into compliance with EU standards. 131 For instance, on issuesof water quality, Croatias transitional period extends until 2023, although thetimeframe for microbiological markers relating to drinking water is 2018. 132 Forindustrial pollution, on the other hand, Croatias industrial installations have until2015 or 2017 to reduce emissions. 133

According to the 2012 EU Comprehensive Monitoring Report on Croatia,Croatia must make further efforts to implement the Environmental ImpactAssessment and Strategic Environmental Assessment processes. 134 Specifically,

Croatia has been encouraged to increase efforts to adopt and develop river basinmanagement plans. 135 As a member of the EU, Croatia must participate in a river

basin approach to water management as stipulated by the WFD. 136

Croatia is also a contracting party to the Sava River Basin ManagementPlan, which aims to enhance ecosystem protection and sustainable watermanagement. 137 The Plan is unique in that the contracting state parties to theFramework Agreement for the Sava River Basin consented to the InternationalSava River Basin Commissions decision-making authority regarding navigation

129 European Commission, Comprehensive Monitoring Report on Croatia , 43 (Oct. 10, 2012), available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/hr_analytical_2012_en.pdf. 130 European Commission, Comprehensive Monitoring Report on Croatia , 43 (Oct. 10, 2012), available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/hr_analytical_2012_en.pdf. 131 Mirela Holy, What Does the EU Bring to Croatias Environment? , G REEN EUROPEAN JOURNAL (Jul. 5, 2013),available at http://www.greeneuropeanjournal.eu/what-does-the-eu-bring-to-croatias-environment/. 132 Mirela Holy, What Does the EU Bring to Croatias Environment? , G REEN EUROPEAN JOURNAL (Jul. 5, 2013),available at http://www.greeneuropeanjournal.eu/what-does-the-eu-bring-to-croatias-environment/. 133 Mirela Holy, What Does the EU Bring to Croatias Environment? , G REEN EUROPEAN JOURNAL (Jul. 5, 2013),

available at http://www.greeneuropeanjournal.eu/what-does-the-eu-bring-to-croatias-environment/. 134 European Commission, Comprehensive Monitoring Report on Croatia , 43 (Oct. 10, 2012), available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/hr_analytical_2012_en.pdf. 135 European Commission, Comprehensive Monitoring Report on Croatia , 43 (Oct. 10, 2012), available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/hr_analytical_2012_en.pdf. 136 Directive 2000/60/EC of the European Parliament and of the Council preamble (9) (2000), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2000:327:0001:0072:en:PDF. 137 International Save River Basin Commission, Sava River Basin Management Plan Draft , 15 (Dec. 2011),available at http://www.savacommission.org/dms/docs/dokumenti/srbmp_micro_web/srbmp/sava_rbmp_draft_full_version.pdf.


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and recommendations on environmental issues. 138 Additionally, Croatia is a partyto the Neretva and Tresbisnjica River Basin Management Project and the DRBMPlan. These environmental protection mechanisms obligate Croatia to meet targetsfor enhancing sustainable development, cooperating with other state parties tofoster responsible water management, and improving the basins ecosystems. 139

Serbia

Serbia was identified as a potential candidate for EU membership during theThessaloniki European Council summit in 2003 and confirmed by the EuropeanCouncil as a candidate state on January 1, 2012. 140 The Stabilization andAssociation Agreement Between the European Communities and Their MemberStates of the one part, and the Republic of Serbia, of the other part (Serbia SAA)establishes Serbias framework towards full EU integration. 141 The Serbia SAA

requires Serbia to design policies and measures that incorporate environmental protections into its plans for economic and social development. 142 Specifically, itrequires Serbia and the EU to strengthen cooperation in the development ofstrategies to significantly reduce local, regional and transboundary air and water

pollution, to establish a framework for efficient, clean, sustainable and renewable production and consumption of energy, and to execute environmental impactassessment and strategic environmental assessment. 143 The Serbia SAA also callsfor specific attention to be paid to the implementation of the Kyoto Protocol. 144

138 International Save River Basin Commission, Sava River Basin Management Plan Draft , 15 (Dec. 2011),available at http://www.savacommission.org/dms/docs/dokumenti/srbmp_micro_web/srbmp/sava_rbmp_draft_full_version.pdf. 139 The World Bank, Neretva and Tresbisnjica River Basin Management Project (BiH/Croatia) (May 29, 2008),available at http://www.worldbank.org/projects/P084608/neretva-trebisnjica-river-basin-management-project-

bihcroatia?lang=en; International Commission for the Protection of the Danube River, Danube River Basin Management Plan (Dec. 14, 2009), available at http://www.icpdr.org/main/publications/danube-river-basin-management-plan. 140 European Commission, Serbia (Jun. 27, 2013), available at http://ec.europa.eu/enlargement/countries/detailed-country-information/serbia/. 141 The Stabilization and Association Agreement Between the European Communities and Their Member States ofthe one Part and the Republic of Serbia, of the Other Part , preamble page 5 (2001), available at

ec.europa.eu/enlargement/pdf/serbia/key_document/saa_en.pdf. 142 The Stabilization and Association Agreement Between the European Communities and Their Member States ofthe one Part and the Republic of Serbia, of the Other Part , art. 88 (2001), available at ec.europa.eu/enlargement/pdf/serbia/key_document/saa_en.pdf. 143 The Stabilization and Association Agreement Between the European Communities and Their Member States ofthe one Part and the Republic of Serbia, of the Other Part , art. 111 (2001), available at ec.europa.eu/enlargement/pdf/serbia/key_document/saa_en.pdf. 144 The Stabilization and Association Agreement Between the European Communities and Their Member States ofthe one Part and the Republic of Serbia, of the Other Part , art. 111 (2001), available at ec.europa.eu/enlargement/pdf/serbia/key_document/saa_en.pdf.


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Serbia has taken critical steps towards attaining mandatory EUenvironmental protection requirements. Serbia became a signatory to the KyotoProtocol on October 19, 2007, and its obligations entered into force on January 17,2008. 145 In 2011, Serbia adopted its National Environmental ApproximationStrategy and its Strategy for the Implementation of the Aarhus Convention. 146 Serbia has also aligned state legislation with the Environmental Impact AssessmentDirective. 147 In 2011, Serbia adopted the National Environmental ApproximationStrategy 148 and A Strategy for the Implementation of the Aarhus Convention, towhich Serbia became a party in 2009. 149 Additionally, Serbias legislationimplementing emission limit values for water pollutants now adheres to the EUacquis regarding water quality. 150 Furthermore, Serbia has completed its portion ofthe Danube River Basin Management Plan in alignment with the WFD. 151 Thesesteps represent progress with regard to the implementation of horizontal legislationon the environment and climate change. 152

The EU has encouraged Serbia to expedite development of legislation toalign with the EU acquis , to implement the Kyoto Protocol, and to adopt domesticlegislation that promotes sustainable development strategies. 153 According to the2012 Serbia Progress Report, the state must improve its administrative capacity. 154 This includes strengthening the capacity of agencies responsible for planning,

permits, inspection and monitoring, and project management. 155 Additionally, to

145 United Nations, Status of Ratification of the Kyoto Protocol (Sep. 11, 2013),http://unfccc.int/kyoto_protocol/status_of_ratification/items/2613.php.146 European Commission, Serbia 2012 Progress Report , 57 (Oct. 10, 2012), available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/sr_rapport_2012_en.pdf. 147 European Commission, Serbia 2012 Progress Report , 57 (Oct. 10, 2012), available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/sr_rapport_2012_en.pdf. 148 Ministry of Environment, Mining and Spatial Planning, National Environmental Approximation Strategy for the

Republic of Serbia (Oct. 2011), available at http://www.misp-serbia.rs/wp-content/uploads/2010/05/EAS-Strategija-ENG-FINAL.pdf. 149 Organization for Security and Co-operation in Europe, Strategy for Implementation of the Aarhus Convention inSerbia (Mar. 22, 2012), available at http://www.osce.org/serbia/89086.150 European Commission, Serbia 2012 Progress Report , 57 (Oct. 10, 2012), available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/sr_rapport_2012_en.pdf. 151 European Commission, Serbia 2012 Progress Report , 58 (Oct. 10, 2012), available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/sr_rapport_2012_en.pdf. 152

European Commission, Serbia 2012 Progress Report , 57 (Oct. 10, 2012), available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/sr_rapport_2012_en.pdf. 153 Council Decision on the Principles, Priorities and Conditions Contained in the European Partnership withSerbia Including Kosovo as Defined by the United Nations Security Council Resolution 1244 of 10 June 1999 and

Repealing Decision 2006/56/EC , 2008/213/EC (Feb. 18, 2008), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:080:0046:01:en:HTML. 154 European Commission, Serbia 2012 Progress Report , 58 (Oct. 10, 2012), available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/sr_rapport_2012_en.pdf. 155 Council Decision on the Principles, Priorities and Conditions Contained in the European Partnership withSerbia Including Kosovo as Defined by the United Nations Security Council Resolution 1244 of 10 June 1999 and


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fully implement the Environmental Impact Assessment Directive, Serbia mustimprove its public consultation process and strengthen the quality of the dialogue

between state authorities and non-governmental organizations. 156

Montenegro

Montenegro applied for EU membership in 2008. 157 Following receipt of afavorable opinion on Montenegrin accession from the European Commission in2010, accession negotiations began in June 2012. 158

The Stabilization and Association Agreement Between the EuropeanCommunities and their Member States of the one part, and the Republic ofMontenegro, of the other part (SAA Montenegro) established an association andagreed cooperation between the European Community, its Member States, and

Montenegro. 159 The SAA Montenegro requires increased cooperation in ensuringsustainable development and in developing strategies to reduce transborder

pollution. 160 For instance, to meet the requirements of the Industrial PollutionPrevention and Control Directive, Montenegro has introduced an adjustment planand process for existing industrial installations, in which seven of the largest

polluters have submitted their request for adjustment plans and permits to theMinistry of Tourism and Environmental Protection. 161

The 2012 European Commission Progress Report on Montenegro explainsthat Montenegro has made little progress in the area of environmental

protections. 162 However, Montenegro has frequently aligned itself with the EUs

Repealing Decision 2006/56/EC , 2008/213/EC (Feb. 18, 2008), available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:080:0046:01:en:HTML. 156 European Commission, Serbia 2012 Progress Report , 57 (Oct. 10, 2012), available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/sr_rapport_2012_en.pdf. 157 European Commission, Montenegro (Jun. 27, 2013), available at http://ec.europa.eu/enlargement/countries/detailed-country-information/montenegro/index_en.htm. 158 European Commission, Montenegro (Jun. 27, 2013), available at http://ec.europa.eu/enlargement/countries/detailed-country-information/montenegro/index_en.htm. 159 The Stabilization and Association Agreement Between the European Communities and their Member States of theone part, and the Republic of Montenegro, of the Other Part (2007), available at

http://register.consilium.europa.eu/pdf/en/07/st11/st11566.en07.pdf. 160 The Stabilization and Association Agreement Between the European Communities and their Member States of theone part, and the Republic of Montenegro, of the Other Part , art. 111 (2007), available athttp://register.consilium.europa.eu/pdf/en/07/st11/st11566.en07.pdf. 161 The World Bank, Why Adopt the Environmental Acquis? , in JOURNEY TO A CLEANER FUTURE 1, 29 (2007),available at http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2008/02/05/000333038_20080205042856/Rendered/PDF/422020WP0Box031CleanerFutureRoadmap.pdf. 162 European Commission, Montenegro 2012 Progress Report , 56 (Oct. 10, 2012), available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/mn_rapport_2012_en.pdf.


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positions on the environment in the international context. 163 Some positivedevelopments include: the Montenegrin Parliament has amended its Law onStrategic Environmental Assessment to comply with the EU StrategicEnvironmental Assessment Directive. 164 Water management plans in Montenegroare at early stages of development. 165 Montenegro has made advancements towardregulation alignment in the areas of waste management and air quality. 166 TheMontenegrin government installed two stations to automatically monitor air qualityand to keep polluters in compliance with newly instituted pollutant thresholdvalues and air quality standards. 167 Further, an integrated waste managementsystem is at the early stages of development. 168

The European Commission has encouraged Montenegro to further itsharmonization with EU standards. 169 For instance, the EU suggested thatMontenegro make climate change mitigation commitments in line with those of

EU Member States. 170 The EU has also encouraged Montenegro to take furthersteps to implement the acquis , the Environmental Impact Assessment, and theStrategic Environmental Assessment Directive. 171 Montenegro has made little

progress in ensuring access to environmental information, justice, andenvironmental liability. 172 Additionally, the EU urged Montenegro to improve itscommunication with civil society, the private sector, and key stakeholders inenvironmental issues. 173

163 European Commission, Montenegro 2012 Progress Report , 57 (Oct. 10, 2012), available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/mn_rapport_2012_en.pdf. 164 European Commission, Montenegro 2012 Progress Report , 56 (Oct. 10, 2012), available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/mn_rapport_2012_en.pdf. 165 European Commission, Montenegro 2012 Progress Report , 57 (Oct. 10, 2012), available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/mn_rapport_2012_en.pdf. 166 European Commission, Montenegro 2012 Progress Report , 56-57 (Oct. 10, 2012), available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/mn_rapport_2012_en.pdf.. 167 European Commission, Montenegro 2012 Progress Report , 56 (Oct. 10, 2012), available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/mn_rapport_2012_en.pdf. 168 European Commission, Montenegro 2012 Progress Report , 57 (Oct. 10, 2012), available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/mn_rapport_2012_en.pdf. 169 European Commission, Montenegro 2012 Progress Report , 57 (Oct. 10, 2012), available at

http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/mn_rapport_2012_en.pdf. 170 European Commission, Montenegro 2012 Progress Report , 57 (Oct. 10, 2012), available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/mn_rapport_2012_en.pdf. 171 European Commission, Commission Opinion on Montenegros Application for Membership of the EuropeanUnion , 10 (Nov. 9, 2010), available at http://ec.europa.eu/enlargement/pdf/key_documents/2010/package/mn_opinion_2010_en.pdf. 172 European Commission, Montenegro 2012 Progress Report , 56 (Oct. 10, 2012), available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/mn_rapport_2012_en.pdf. 173 European Commission, Montenegro 2012 Progress Report , 56 (Oct. 10, 2012), available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/mn_rapport_2012_en.pdf.


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Macedonia

Macedonia applied for EU membership in March 2004. 174 The EuropeanCommission issued a favorable opinion on Macedonias application in November2005, and the European Council decided in December 2005 to grant Macedoniacandidate status. 175 In October 2009, the European Commission recommended thataccession negotiations be opened, and the European Commission launched a HighLevel Accession Dialogue with Macedonia in March 2012. 176

The Stabilization and Association Agreement Between the EuropeanCommunities (EC) and their Member States of the one part, and the formerYugoslav Republic of Macedonia, of the other part (Macedonia SAA), establishesan association and agreed cooperation between the EC, its Member States, andMacedonia. 177 Furthermore, Macedonia became a signatory to the Kyoto Protocol

on November 18, 2004, and its obligations entered into effect on February 16,2005. 178

The 2012 Progress Report on Macedonia explained that Macedonia made progress on the implementation of environmental legislation. 179 It adoptedhorizontal legislation on strategic environmental assessment and environmentalimpact assessment. 180 Macedonia also progressed on integrating the acquis intostate legislation. 181 For instance, Macedonia has further aligned its legislationrelating to air quality, waste management, and chemicals with EU standards. 182 Additionally, Macedonia has made progress in the area of renewable energy,

174 European Commission, Macedonia (Oct. 10, 2012) available at http://ec.europa.eu/enlargement/countries/detailed-country-information/fyrom/. 175 European Commission, Macedonia (Oct. 10, 2012) available at http://ec.europa.eu/enlargement/countries/detailed-country-information/fyrom/. 176 European Commission, Macedonia (Oct. 10, 2012) available at http://ec.europa.eu/enlargement/countries/detailed-country-information/fyrom/. 177 The Stabilization and Association Agreement Between the European Communities and their Member States of theone part, and the former Yugoslav Republic of Macedonia, of the Other Part (2001), available athttp://ec.europa.eu/enlargement/pdf/the_former_yugoslav_republic_of_macedonia/saa03_01_en.pdf. 178

United Nations, Status of Ratification of the Kyoto Protocol (Sep. 11, 2013),http://unfccc.int/kyoto_protocol/status_of_ratification/items/2613.php. 179 European Commission, The Former Yugoslav Republic of Macedonia 2012 Progress Report , 61 (Oct. 10, 2012),available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/mk_rapport_2012_en.pdf. 180 European Commission, The Former Yugoslav Republic of Macedonia 2012 Progress Report , 61 (Oct. 10, 2012),available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/mk_rapport_2012_en.pdf. 181 European Commission, The Former Yugoslav Republic of Macedonia 2012 Progress Report , 62 (Oct. 10, 2012),available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/mk_rapport_2012_en.pdf. 182 European Commission, The Former Yugoslav Republic of Macedonia 2012 Progress Report , 62 (Oct. 10, 2012),available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/mk_rapport_2012_en.pdf.


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particularly hydropower. 183 In 2012, Macedonia approved plans to increase thenumber of hydropower plants from 47 to 68. 184

In contrast, Macedonia has not fully applied the access to information and public consultation requirements of the strategic environmental assessment andenvironmental impact assessment procedures. 185 Macedonia has not yetimplemented environmental liability legislation. 186 The EC has encouragedMacedonia to make increased efforts to raise the publics environmentalawareness, to set a strategic environmental approach for the state, and to strengthenthe states administrative capacity. 187

Conclusion

Through the acquis and other directives and mechanisms, the EU aims to

enhance environmental obligations among its members and to promoteenvironmental protections. The breadth of EU legislation, directives, andconventions dedicated to environmental reform and conservation underscores thestringent environmental protections and standards to which the EU requires allMember States align themselves. Therefore, to satisfy its environmentalobligations and achieve EU accession, BiH must harmonize its legislation toinclude the environmental rules, regulations, and other obligations. BiH policymust be based on the precautionary principle that preventive action should be takenand that environmental damage should be rectified at its source. It must emphasizethe importance of public and stakeholder participation and transparency inenvironmental decision-making. Additionally, BiH must satisfy its obligation to

participate in transborder cooperation, assessments, and cooperative procedures forachieving sustainable development.

183

The Former Yugoslav Republic of Macedonia 2012 Progress Report , EUROPEAN COMMISSION , 42 (Oct. 10,2012), available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/mk_rapport_2012_en.pdf. 184 The Former Yugoslav Republic of Macedonia 2012 Progress Report , EUROPEAN COMMISSION , 42 (Oct. 10,2012), available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/mk_rapport_2012_en.pdf. 185 The Former Yugoslav Republic of Macedonia 2012 Progress Report , EUROPEAN COMMISSION , 61 (Oct. 10,2012), available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/mk_rapport_2012_en.pdf. 186 The Former Yugoslav Republic of Macedonia 2012 Progress Report , EUROPEAN COMMISSION , 61 (Oct. 10,2012), available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/mk_rapport_2012_en.pdf. 187 The Former Yugoslav Republic of Macedonia 2012 Progress Report , EUROPEAN COMMISSION , 62 (Oct. 10,2012), available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/mk_rapport_2012_en.pdf.


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Annex I

Legal Basis for European Union Environmental Obligations

Acquis Communautaire

A comprehensive collection of European Union (EU) laws and obligationsspanning from 1958 to the present day

The Treaty Establishing the European Community

Defines EU Member State policy on the environment.

EU Directive on the Assessment of Certain Plans and Programs on the

Environment

Member States conduct environmental assessments during the developmentof a plan, prior to its adoption, and prior to its submission to the MemberStates legislature.

Member States inform the public of decisions related to the plan.

EU Directive on the Assessment of the Effects of Certain Public and Private Projects on the Environment

Effects on the environment must be considered at the planning stage and prior to decision-making.

A Member State planning a project with anticipated environmental effects inanother state must provide the affected state with information regarding that

project including a description of the project, all available information on its potential transborder effect, and the nature of the decision to be made.

EU Directive Providing for Public Participation in Respect of the Drawing Up ofCertain Plans and Programs Relating to the Environment

Intended to contribute to the Member State obligation to ensure effective public participation in decisions that may have a significant effect on theenvironment.

Member States ensure that the public is informed about proposals and theirright to participate in the decision-making process.


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Convention on Environmental Impact Assessment in a Transborder Context (EspooConvention)

Provides that parties mitigate the negative transborder effects of their projects through prevention and containment of potential environmentalimpacts.

Requires that notification be provided to affected parties of proposedactivities whenever these activities are likely to generate negativetransborder environmental effects.

Member States must notify potentially affected states as soon as possible,and no later than when the Member State of origin informs its own publicabout the proposed activity.

Convention on Access to Information, Public Participation in Decision-Making

and Access to Justice in Environmental Matters (Aarhus Convention)

Recognize and pledge to protect citizens rights to information andmeaningful public participation, while providing an opportunity for formalredress if the state fails to meet these obligations.

Requires that Member States provide information to the public concernedwith and affected by proposed activities with potentially seriousenvironmental effects.

Opportunities for public participation must be created early, when all projectoptions are open and when effective public participation can occur.

Water Framework Directive

Creates a legal framework intended to protect and restore clean waterthroughout the Community, ensuring its long-term and sustainable use.

Sets specific deadlines for EU Member States to achieve specifiedenvironmental objectives.

Within river basins where water use has potential transborder effects, theDirective requires coordination of environmental objectives for the whole of

the river basin.

Annex II


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2012 Progress Report on Bosnia and Herzegovina: Overview of EuropeanUnion Comments Regarding Environmental Concerns

The 2012 Progress Report on Bosnia and Herzegovina (BiH) explains thatBiH has made minimal progress in the area of environmental protections. 188 TheRepublika Srpska has adopted the New Law on Environmental Protection, whichthe EU considers as a step towards conforming with the Strategic EnvironmentalAssessment Directive. 189 However, the European Commission (EC) highlights thatBiH has yet to develop and implement a Framework Law on the Environment oradopt the Environmental Impact Assessment Directive at the federal or locallevels. 190 Additionally, BiH has yet to implement the Espoo Convention at atransborder level. 191 Furthermore, the BiH public participates only minimally inenvironmental decisions and does not have broad access to environmental

information. 192

BiH has made some progress toward alignment with EU requirements in airquality, as Republika Srpska has adopted air protection legislation. 193 However,the Progress Report notes that a state-wide air quality plan has not beendeveloped. 194 Additionally, BiH has not progressed in waste management

programs, despite adopting a waste management plan directive, because ofinsufficient funding by the state, and the state lacks a plan to effectively managewaste and recycling. 195 Regarding water quality, the Report notes that BiHFederation has developed a water management program that aligns with the UrbanWaste Water Treatment Directive. 196 However, the plan has yet to be effectively

188 European Commission, Bosnia and Herzegovina 2012 Progress Report , 44 (Oct. 10, 2012), available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/ba_rapport_2012_en.pdf.189 European Commission, Bosnia and Herzegovina o 2012 Progress Report , 44 (Oct. 10, 2012), available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/ba_rapport_2012_en.pdf.190 European Commission, Bosnia and Herzegovina 2012 Progress Report , 44 (Oct. 10, 2012), available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/ba_rapport_2012_en.pdf.191 European Commission, Bosnia and Herzegovina 2012 Progress Report , 44 (Oct. 10, 2012), available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/ba_rapport_2012_en.pdf.192

European Commission, Bosnia and Herzegovina 2012 Progress Report , 44 (Oct. 10, 2012), available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/ba_rapport_2012_en.pdf.193 European Commission, Bosnia and Herzegovina 2012 Progress Report , 44 (Oct. 10, 2012), available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/ba_rapport_2012_en.pdf.194 European Commission, Bosnia and Herzegovina 2012 Progress Report , 44 (Oct. 10, 2012), available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/ba_rapport_2012_en.pdf.195 European Commission, Bosnia and Herzegovina 2012 Progress Report , 44 (Oct. 10, 2012), available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/ba_rapport_2012_en.pdf.196 European Commission, Bosnia and Herzegovina 2012 Progress Report , 44 (Oct. 10, 2012), available at http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/ba_rapport_2012_en.pdf.


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implemented and is hindered by administrative shortcomings, particularly amongtrans-regional BiH water management. 197

The EC encourages BiH to further its alignment with EU climate changeobligations by making environmental mitigation commitments that are in line withthose of EU Member States regarding climate change. 198 The EuropeanCommission reports that BiHs climate change policy remains far from the climateacquis and contains significant shortcomings in administrative direction andfinancial support. 199

The EC urges BiH to implement the acquis and to develop a state-wideEnvironmental Protection Age

Documents

Environmental Obligations in the EU