ANNEX 2 TO SUMMARY REPORT - ENVIRONMENT
Directives with comments
The comments received to the environmental directives are summarized and presented below. The EU legislation is dealt with in a chronological way backwards from the latest directive. Proposed directives are placed in between the directives at the year of proposal.
COM (2001) 634 (2) Proposal for a regulation of the European Parliament and of the Council amending Council Regulation 1992/2158/EEC on protection of the Community's forests against fire.
Polish transposition: The regulation has a general application. It is binding in its entirety and directly applicable without the necessity of transposition.
Consequences: The regulation is of minor importance to gminas and powiats. The proposed regulation may affect powiats in a limited way.
Results of present analysis: In the context of this analysis the Directive is not considered important.
COM (2001) 634 (1) Proposal for a regulation of the European Parliament and of the Council amending Council Regulation 1986/3528/EEC on the protection of the Community's forests against atmospheric pollution.
Polish transposition: The regulation has a general application. It is binding in its entirety and directly applicable without the necessity of transposition.
Consequences: The regulation is of minor importance to gminas and powiats. The implementation of the Regulation will affect the Ministry of Environment, the Inspection of Environmental Protection and the Research Institute of Forestry.
Powiats have certain tasks related to the supervision of forest management (including the protection of forests) with regards to forests that do not belong to the State. The proposed regulation may affect powiats within the scope of their tasks.
Results of present analysis: In the context of this analysis the Directive is not considered important.
COM (2001) 579 Proposal for a COUNCIL DECISION concerning the approval, on behalf of the European Community, of the Kyoto Protocol to the United Nations Framework Convention on Climate Change and the joint fulfillment of commitments there under.
Polish transposition: The decision is not subject to transposition to Polish national legislation.
Consequences: The obligation to fulfil respective commitments may be of importance to powiats that are responsible for the execution of air protection policy (issuing emission permits and/or integrated environmental permits).
Results of present analysis: In the context of this analysis the Directive is not considered important.
2001/81/EC "Directive of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants".
Polish transposition: The directive is not transposed to Polish national legislation. The directive will affect both powiats and gminas. Heads of powiats (Starosta) will be responsible for the execution of the programmes as they are issuing emission permits. The permit cannot be granted if the emissions are not in line with the programmes of environmental protection of powiats and gminas. The competence to approve industrial plants is divided in accordance with the impact on the environment. In most cases decisions about emissions will be an issue for the Voivodship.
The directive should not incur considerable financial consequences for gminas and powiats. It can be expected that drawing up the programmes and their proper execution on a local level (handling emission permits) will require strengthening of human resources and co-ordination of administrative procedures involved. The directive has no direct planning aspects for the powiat.
Consequences: The directive will affect both powiats and gminas. The programmes for the progressive reduction of national emissions of the pollutants will have to be reflected in the programmes of environmental protection of individual powiats and the programmes of environmental protection of individual gminas – article 17 of the Act on Environmental Protection.
Results of present analysis: Even though it was stated that the directive is not implemented the permit makers could provide an ordinance with a timetable for reduction of SO2, NOx, VOC and NH3 until 2010. The directive is not used in any permits yet. The directive is important and should be seen in relation to the other air pollution directives
2001/42/EC "Directive of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment".
The directive is transposed to Polish national legislation. The directive will affect gminas, which are responsible for local spatial planning, but the powiat is only to give a statement on the plans and the assessments. As all spatial planning is under the authorities of the gminas the directive has no direct planning aspect for the powiat.
The municipalities are obliged to revise the municipal spatial development plan every 4 years. The municipality may make amendments to the spatial plan every year. These are to be carried out according to this new procedure laid down in the Polish legislation. Some of these amendments may require an EIA. This requires public hearings and a procedure to secure public participation in the process. Smaller municipalities do not have the expertise and the technical equipment for such assessments.
Results of present analysis: This directive will have some implication on the gminas - either economically for external advisors and/or on the need for internal expertise. It is considered important though it should be seen in connection with the frame directives on EIA and Public Participation.
2000/2037/EC "Regulation of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer".
Polish transposition: The regulation is transposed to Polish national legislation. The regulation will affect gminas that are responsible for the management of municipal waste and powiats that are responsible for issuing permits for recovering or recycling of waste.
The restrictions on recovering and recycling of waste containing substances that deplete the ozone layer have to be followed by heads of powiats (Starosta). The Starosta issue permits for this kind of activity (except for activities where an environmental impact assessment is mandatory for which the permit is issued by state administration representative – voivodship). The directive has no direct planning aspects for the powiat.
Consequences: The regulation will affect gminas that are responsible for the management of municipal waste and powiats that are responsible for issuing permits for recovering or recycling of waste.
Results of present analysis: This directive will have some implication for the gminas and powiats, however the subject will primarily be covered under the overall waste directives. The directive is not considered important though it has some bearing to directives on air pollution and waste management.
Proposed Directive COM (2000) 839, “Proposal for a Directive of the European Parliament and of the Council providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending Council Directives 85/337/EEC and 96/61/EC”
Purpose: To encourage public participation in environmental decision-making.
Polish transposition: The proposed directive has not been transposed to Polish national legislation. However, Poland has signed the Aarhus Convention and the present legislation will make it easy to transpose the proposed directive.
Public participation is incorporated in the Environmental Law, however it has not yet started in practise at the local level – the law is only one year old. The powiats and the gminas follows the old regulations which seems good enough for the time being. The directive is related to “the access to information directive”.
Consequences: The directive will affect both the municipality and the county which are responsible for environmental decision making. However, under the Act on Environmental Protection of 27 April 2001 both are obliged to ensure public participation in their decision making. Consequently, it can be expected that the proposed directive will not cause any major implementation problems for the municipality and the county. The analysis shows that the public generally do not participate in environmental decision making.
Results of present analysis: There is a need to increase the awareness of the public as to their rights. The authorities do no seem to be unwilling, however the inhabitants are either uninterested or do not know how to get started. There definite is a lack of communication between the two parties. This is the main directive for Public Participation – the Aarhus convention and as such considered very important.
2000/532/EC "Commission decision establishing a list of hazardous waste".
The decision is transposed to Polish national legislation. The decision affects both gminas and powiats as they hold certain responsibilities related to hazardous waste defined in the Act on waste management. The decision has no direct planning aspects for the powiat.
Results of present analysis: This directive will have some implication for the gminas and powiats, however the subject will primarily be covered under the overall waste directives.
2000/76/EC "Directive of the European Parliament and of the Council of 4 December 2000 on the incineration of waste".
The directive is transposed to Polish national legislation. The directive will affect both gminas and powiats. Powiats are responsible for the preparation of waste management plans that should include all incineration installations.
For powiats, the implementation of the directive is not likely to cause financial consequences. It may require the improvement of existing administrative procedures related to environmental programming (in accordance with the Act on Waste Management) and issuing relevant environmental permits (in accordance with the Act on Environmental Protection). At present most waste is disposed in landfills.
Results of present analysis: This directive will have some implication for the gminas and powiats, however the subject will primarily be covered under the overall waste directives.
2000/60/EC "Directive of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy".
Purpose: To establish a Community framework for the protection of inland surface waters, transitional waters, coastal waters and groundwater, in order to prevent and reduce pollution, promote sustainable water use, protect the aquatic environment, improve the status of aquatic ecosystems and mitigate the effects of floods and droughts.
The directive is transposed to Polish national legislation. The directive will affect both gminas and powiats as they are among those bodies that are responsible for water management.
Powiats are responsible for the implementation of river basin management plans as heads of powiats (Starosta) issues water permits that cannot be in conflict with the plans. At the level of powiats, the implementation of the directive is likely to result in the burden of new administrative tasks. Therefore, there can appear a need for new procedures and strengthening of the local administration (new employees and training for the existing).
Since the directive has not yet been fully implemented in Poland (a number of draft regulations has been elaborated) and since all the frame of the directive has not yet been filled out on the European level, it is difficult to assess the full implication for a small, rural municipality in Poland (or for any other municipality in EU).
A number of information delivered on a municipality level is needed for the preparation of the management plans:
¨ Characteristic of the river basin (soil types, nature areas etc.)
¨ Pressures like waste water discharges, animal production, use of fertilisers etc.
Another important issue for the municipality is the water pricing policy, as all costs for water management should be paid for by the consumers and/or the polluters.
Depending on the actual status and the objective of the water body, additional investments in pollution prevention and control could be foreseen, like improved waste water treatment or protection of vulnerable groundwater resources. Some focus has been placed on farming, which use large containers for manure before spreading it as fertilizer.
Results of present analysis: The directive is highly applicable to Polish gminas, powiats and voivodships. There is a need to introduce the Water Framework Directive and its purpose, content and consequences in a broader perspective.
2000/53/EC "Directive on endof life vehicles".
The directive is not transposed to Polish national legislation. The transposition is planned as an Act amending the Act on waste management to be adopted in 2003.
Powiats are responsible for the preparation of powiat waste management plans that should concern all types of waste generated in a given powiat including end-of-life vehicles. The directive will affect powiats, as they are responsible for car registration, whereas the directive obliges Member States to set up a system of deregistration of end-of-life vehicles upon presentation of a certificate of destruction. Powiats also hold responsibilities related to controlling the treatment of waste. Establishments carrying out treatment operations must acquire a permit for this kind of activity.
Results of present analysis: This directive will have some implication for the gminas and powiats, however the subject will primarily be covered under the overall waste directives.
1999/2278 /EC "Commission Regulation of 21 October 1999 laying down certain detailed rules for the application of Council Regulation (EEC) No 3528/86 on the protection of the Community's forests against atmospheric pollution".
The regulation has a general application. It is binding in its entirety and directly applicable without the necessity of transposition. The regulation is of minor importance to gminas and powiats, but the powiat contributes with data.
National programmes defined in the Regulation will be drawn up at the national level, which means that the regulation will mostly affect the Ministry of Environment. The purpose of the directives are taken care of by regional departments of the state forestry administration. The regulation of fire protection in forestry was established in Poland before the directives have been formulated and issued.
Since powiats have certain tasks related to the supervision of forest management (including the protection of forests) with regards to forests that do not belong to the State as defined in the Act of 28 September 1991 on Forests, they may be involved in the implementation of measures under the national programmes.
Results of present analysis: In the context of this analysis the Directive is not considered important.
1999/1727/EC "Council Regulation laying down certain detailed rules for the application of Regulation No 2158/92 on the protection of the Community's forests against fire".
The regulation has a general application. It is binding in its entirety and directly applicable without the necessity of transposition. The regulation is of minor importance to gminas and powiats. Powiats have certain tasks in relation to the protection of forests against fire, which are defined in the Act on Forests. This concerns only the forests that do not belong to the State.